[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Senate]
[Pages S13305-S13310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2602. Mr. WELLSTONE proposed an amendment to amendment SA 2471 
submitted by Mr. Daschle and intended to be proposed to the bill (S. 
1731) to strengthen the safety net for agricultural producers, to 
enhance resource conservation and rural development, to provide for 
farm credit, agricultural research, nutrition, and related programs, to 
ensure consumrs abundant food and fiber, and for other purposes; as 
follows:

       Beginning on page 226, strike line 1 and all that follows 
     through page 235, line 6, and insert the following:

[[Page S13306]]

       ``(4) Large confined livestock feeding operations.--
       ``(A) Definition of large confined livestock feeding 
     operation.--In this paragraph:
       ``(i) In general.--The term `large confined livestock 
     feeding operation' means a confined livestock feeding 
     operation designed to confine 1,000 or more animal equivalent 
     units (as defined by the Secretary).
       ``(ii) Multiple locations.--In determining the number of 
     animal unit equivalents of operation of a producer under 
     clause (i), the animals confined by the producer in 
     confinement facilities at all locations (including the 
     producer's proportionate share in any jointly owned facility) 
     shall be counted.
       ``(B) New or expanded operations.--A producer shall not be 
     eligible for cost-share payments for any portion of a storage 
     or treatment facility, or associated waste transport or 
     transfer device, to manage manure, process wastewater, or 
     other animal waste generated by a large confined livestock 
     feeding operation, if the operation is a confined livestock 
     operation that--
       ``(i) is established after the date of enactment of this 
     paragraph; or
       ``(ii) is expanded after the date of enactment of this 
     paragraph so as to become a large confined livestock 
     operation.
       ``(C) Multiple operations.--A producer that has an interest 
     in more than 1 large confined livestock operation shall not 
     be eligible for more than 1 contract under this section for 
     cost-share payments for a storage or treatment facility, or 
     associated waste transport or transfer device, to manage 
     manure, process wastewater, or other animal waste generated 
     by the large confined livestock feeding operation.
       ``(D) Flood plain siting.--Cost-share payments shall not be 
     available for structural practices for a storage or treatment 
     facility, or associated waste transport device, to manage 
     manure, process wastewater, or other animal waste generated 
     by a large confined livestock operation if--
       ``(i) the structural practices are located in a 100-year 
     flood plain; and
       ``(ii) the confined livestock operation is a confined 
     livestock operation that--

       (I) is established after the date of enactment of this 
     paragraph or;
       (II) is expanded after the date of enactment of this 
     paragraph.

       ``(e) Incentive Payments.--The Secretary shall make 
     incentive payments in an amount and at a rate determined by 
     the Secretary to be necessary to encourage a producer to 
     perform 1 or more practices.
       ``(f) Technical Assistance.--
       ``(1) In general.--The Secretary shall allocate funding 
     under the program for the provision of technical assistance 
     according to the purpose and projected cost for which the 
     technical assistance is provided for a fiscal year.
       ``(2) Amount.--The allocated amount may vary according to--
       ``(A) the type of expertise required;
       ``(B) the quantity of time involved; and
       ``(C) other factors as determined appropriate by the 
     Secretary.
       ``(3) Limitation.--Funding for technical assistance under 
     the program shall not exceed the projected cost to the 
     Secretary of the technical assistance provided for a fiscal 
     year.
       ``(4) Other authorities.--The receipt of technical 
     assistance under the program shall not affect the eligibility 
     of the producer to receive technical assistance under other 
     authorities of law available to the Secretary.
       ``(5) Incentive payments for technical assistance.--
       ``(A) In general.--A producer that is eligible to receive 
     technical assistance for a practice involving the development 
     of a comprehensive nutrient management plan may obtain an 
     incentive payment that can be used to obtain technical 
     assistance associated with the development of any component 
     of the comprehensive nutrient management plan.
       ``(B) Purpose.--The purpose of the payment shall be to 
     provide a producer the option of obtaining technical 
     assistance for developing any component of a comprehensive 
     nutrient management plan from a certified provider.
       ``(C) Payment.--The incentive payment shall be--
       ``(i) in addition to cost-share or incentive payments that 
     a producer would otherwise receive for structural practices 
     and land management practices;
       ``(ii) used only to procure technical assistance from a 
     certified provider that is necessary to develop any component 
     of a comprehensive nutrient management plan; and
       ``(iii) in an amount determined appropriate by the 
     Secretary, taking into account--

       ``(I) the extent and complexity of the technical assistance 
     provided;
       ``(II) the costs that the Secretary would have incurred in 
     providing the technical assistance; and
       ``(III) the costs incurred by the private provider in 
     providing the technical assistance.

       ``(D) Eligible practices.--The Secretary may determine, on 
     a case by case basis, whether the development of a 
     comprehensive nutrient management plan is eligible for an 
     incentive payment under this paragraph.
       ``(E) Certification by secretary.--
       ``(i) In general.--Only persons that have been certified by 
     the Secretary under section 1244(f)(3) shall be eligible to 
     provide technical assistance under this subsection.
       ``(ii) Quality assurance.--The Secretary shall ensure that 
     certified providers are capable of providing technical 
     assistance regarding comprehensive nutrient management in a 
     manner that meets the specifications and guidelines of the 
     Secretary and that meets the needs of producers under the 
     program.
       ``(F) Advance payment.--On the determination of the 
     Secretary that the proposed comprehensive nutrient management 
     of a producer is eligible for an incentive payment, the 
     producer may receive a partial advance of the incentive 
     payment in order to procure the services of a certified 
     provider.
       ``(G) Final payment.--The final installment of the 
     incentive payment shall be payable to a producer on 
     presentation to the Secretary of documentation that is 
     satisfactory to the Secretary and that demonstrates--
       ``(i) completion of the technical assistance; and
       ``(ii) the actual cost of the technical assistance.
       ``(g) Modification or Termination of Contracts.--
       ``(1) Voluntary modification or termination.--The Secretary 
     may modify or terminate a contract entered into with a 
     producer under this chapter if--
       ``(A) the producer agrees to the modification or 
     termination; and
       ``(B) the Secretary determines that the modification or 
     termination is in the public interest.
       ``(2) Involuntary termination.--The Secretary may terminate 
     a contract under this chapter if the Secretary determines 
     that the producer violated the contract.

     ``SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.

       ``(a) In General.--In evaluating applications for technical 
     assistance, cost-share payments, and incentive payments, the 
     Secretary shall accord a higher priority to assistance and 
     payments that--
       ``(1) maximize environmental benefits per dollar expended; 
     and
       ``(2)(A) address national conservation priorities, 
     including--
       ``(i) meeting Federal, State, and local environmental 
     purposes focused on protecting air and water quality;
       ``(ii) comprehensive nutrient management;
       ``(iii) water quality, particularly in impaired watersheds;
       ``(iv) soil erosion;
       ``(v) air quality; or
       ``(vi) pesticide and herbicide management or reduction;
       ``(B) are provided in conservation priority areas 
     established under section 1230(c);
       ``(C) are provided in special projects under section 
     1243(f)(4) with respect to which State or local governments 
     have provided, or will provide, financial or technical 
     assistance to producers for the same conservation or 
     environmental purposes; or
       ``(D) an innovative technology in connection with a 
     structural practice or land management practice.
       ``(b) Additional Priorities for Livestock Producers.--In 
     evaluating applications for technical assistance, cost-share 
     payments, and incentive payments for livestock producers, the 
     Secretary shall accord priority to--
       ``(1) applications for assistance and payments for systems 
     and practices that avoid subjecting the livestock production 
     operation to Federal, State, tribal, and local environmental 
     regulatory systems while also assisting the operation to meet 
     environmental quality criteria established by Federal, State, 
     tribal, and local agencies; and
       ``(2) applications from livestock producers using managed 
     grazing systems and other pasture- and forage-based systems.

     ``SEC. 1240D. DUTIES OF PRODUCERS.

       ``To receive technical assistance, cost-share payments, or 
     incentive payments under the program, a producer shall 
     agree--
       ``(1) to implement an environmental quality incentives 
     program plan that describes conservation and environmental 
     purposes to be achieved through 1 or more practices that are 
     approved by the Secretary;
       ``(2) not to conduct any practices on the farm or ranch 
     that would tend to defeat the purposes of the program;
       ``(3) on the violation of a term or condition of the 
     contract at any time the producer has control of the land--
       ``(A) if the Secretary determines that the violation 
     warrants termination of the contract--
       ``(i) to forfeit all rights to receive payments under the 
     contract; and
       ``(ii) to refund to the Secretary all or a portion of the 
     payments received by the owner or operator under the 
     contract, including any interest on the payments, as 
     determined by the Secretary; or
       ``(B) if the Secretary determines that the violation does 
     not warrant termination of the contract, to refund to the 
     Secretary, or accept adjustments to, the payments provided to 
     the owner or operator, as the Secretary determines to be 
     appropriate;
       ``(4) on the transfer of the right and interest of the 
     producer in land subject to the contract, unless the 
     transferee of the right and interest agrees with the 
     Secretary to assume all obligations of the contract, to 
     refund all cost-share payments and incentive payments 
     received under the program, as determined by the Secretary;
       ``(5) to supply information as required by the Secretary to 
     determine compliance with the program plan and requirements 
     of the program; and

[[Page S13307]]

       ``(6) to comply with such additional provisions as the 
     Secretary determines are necessary to carry out the program 
     plan.

     ``SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.

       ``(a) In General.--To be eligible to receive technical 
     assistance, cost-share payments, or incentive payments under 
     the program, a producer of a livestock or agricultural 
     operation shall submit to the Secretary for approval a plan 
     of operations that specifies practices covered under the 
     program, and is based on such terms and conditions, as the 
     Secretary considers necessary to carry out the program, 
     including a description of the practices to be implemented 
     and the purposes to be met by the implementation of the plan.
       ``(b) Confined Animal Feeding Operations.--
       ``(1) In general.--To be eligible to receive cost-share 
     payments or incentive payments for a storage or treatment 
     facility, or associated waste transport or transfer device, 
     to manage manure, process wastewater, or other animal waste 
     generated by a confined animal feeding operation, the 
     producer or owner of the operation shall submit a 
     comprehensive nutrient management plan for the confined 
     animal feeding operation as part of the plan of operations 
     submitted under subsection (a).
       ``(2) Contract condition.--Implementation of the 
     comprehensive nutrient management plan submitted under 
     paragraph (1) shall be a condition of the environmental 
     quality incentives program contract.
       ``(c) Avoidance of duplication.--The Secretary shall, to 
     the maximum extent practicable, eliminate duplication of 
     planning activities under the program and comparable 
     conservation programs.

     ``SEC. 1240F. DUTIES OF THE SECRETARY.

       ``To the extent appropriate, the Secretary shall assist a 
     producer in achieving the conservation and environmental 
     goals of a program plan by--
       ``(1) providing technical assistance in developing and 
     implementing the plan;
       ``(2) providing technical assistance, cost-share payments, 
     or incentive payments for developing and implementing 1 or 
     more practices, as appropriate;
       ``(3) providing the producer with information, education, 
     and training to aid in implementation of the plan; and
       ``(4) encouraging the producer to obtain technical 
     assistance, cost-share payments, or grants from other 
     Federal, State, local, or private sources.

     ``SEC. 1240G. LIMITATION ON PAYMENTS.

       ``(a) In General.--Subject to subsection (b), the total 
     amount of cost-share and incentive payments paid to a 
     producer under this chapter shall not exceed--
       ``(1) $20,000 for any fiscal year, regardless of whether 
     the producer has more than 1 contract under this chapter for 
     the fiscal year;
       ``(2) $60,000 for a contract with a term of 3 years;
       ``(3) $80,000 for a contract with a term of 4 years; or
       ``(4) $100,000 for a contract with a term of more than 4 
     years.
       ``(b) Attribution.--An individual or entity shall not 
     receive, directly or indirectly, total payments from a single 
     or multiple contracts this chapter that exceed $20,000 for 
     any fiscal year.
       ``(c) Exception to Annual Limit.--The Secretary may exceed 
     the limitation on the annual amount of a payment to a 
     producer under subsection (a)(1) if the Secretary determines 
     that a larger payment is--
       ``(1) essential to accomplish the land management practice 
     or structural practice for which the payment is made to the 
     producer; and
       ``(2) consistent with the maximization of environmental 
     benefits per dollar expended and the purposes of this 
     chapter.
       ``(d) Verification.--The Secretary shall identify 
     individuals and entities that are eligible for a payment 
     under the program using social security numbers and taxpayer 
     identification numbers, respectively.
                                  ____

  SA 2603. Mr. LUGAR (for Mr. McCain (for himself, Mr. Gramm, Mr. 
Kerry, and Mrs. Murray)) proposed an amendment to amendment SA 2471 
submitted by Mr. Daschle and intended to be proposed to the bill (S. 
1731) to strengthen the safety net for agricultural producers, to 
enhance resource conservation and rural development, to provide for 
farm credit, agricultural research, nutrition, and related programs, to 
ensure consumers abundant food and fiber, and for other purposes; as 
follows:

       At the appropriate place in the substitute, insert the 
     following:

     SEC.   . MARKET NAME FOR CATFISH.

       The term ``catfish'' shall be considered to be a common or 
     usual name (or part thereof) for any fish in keeping with 
     Food and Drug Administration procedures that follow 
     scientific standards and market practices for establishing 
     such names for the purposes of section 403 of the Federal 
     Food, Drug, and Cosmetic Act, including with respect to the 
     importation of such fish pursuant to section 801 of such Act.

     SEC.   . LABELING OF FISH AS CATFISH.

       Section 755 of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2002, is repealed.
                                  ____

  SA 2604. Mr. HARKIN (for himself, Mr. Grassley, Mr. Feingold, Mr. 
Wellstone, and Mr. Enzi) proposed an amendment to amendment SA 2471 
submitted by Mr. Daschle and intended to be proposed to the bill (S. 
1731) to strengthen the safety net for agricultural producers, to 
enhance resource conservation and rural development, to provide for 
farm credit, agricultural research, nutrition, and related programs, to 
ensure consumers abundant food and fiber, and for other purposes; as 
follows:

       On page 941, strike line 5 and insert the following:

                     Subtitle C--General Provisions

     SEC. 1021. PACKERS AND STOCKYARDS.

       (a) Definitions.--Section 2(a) of the Packers and 
     Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended by adding 
     at the end the following:
       ``(12) Livestock contractor.--The term `livestock 
     contractor' means any person engaged in the business of 
     obtaining livestock under a livestock production contract for 
     the purpose of slaughtering the livestock or selling the 
     livestock for slaughter, if--
       ``(A) the livestock is obtained by the person in commerce; 
     or
       ``(B) the livestock (including livestock products from the 
     livestock) obtained by the person is sold or shipped in 
     commerce.
       ``(13) Livestock production contract.--The term `livestock 
     production contract' means any growout contract or other 
     arrangement under which a livestock production contract 
     grower raises and cares for the livestock in accordance with 
     the instructions of another person.
       ``(14) Livestock production contract grower.--The term 
     `livestock production contract grower' means any person 
     engaged in the business of raising and caring for livestock 
     in accordance with the instructions of another person.''.
       (b) Contractors.--
       (1) In general.--The Packers and Stockyards Act, 1921, is 
     amended by striking ``packer'' each place it appears in 
     sections 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195) 
     (other than section 202(c)) and inserting ``packer or 
     livestock contractor''.
       (2) Conforming amendments.--
       (A) Section 202(c) of the Packers and Stockyards Act, 1921 
     (7 U.S.C. 192(c)), is amended by inserting ``, livestock 
     contractor,'' after ``other packer'' each place it appears.
       (B) Section 308(a) of the Packers and Stockyards Act, 1921 
     (7 U.S.C. 209(a)), is amended by inserting ``or livestock 
     production contract'' after ``poultry growing arrangement''.
       (C) Sections 401 and 403 of the Packers and Stockyards Act, 
     1921 (7 U.S.C. 221, 223), are amended by inserting ``any 
     livestock contractor, and'' after ``packer,'' each place it 
     appears.
       (c) Right to Discuss Terms of Contract.--The Packers and 
     Stockyards Act, 1921 (7 U.S.C. 181 et seq.), is amended by 
     adding at the end the following:

     ``SEC. 417. RIGHT TO DISCUSS TERMS OF CONTRACT.

       ``(a) In General.--Notwithstanding a provision in any 
     contract for the sale or production of livestock or poultry 
     that provides that information contained in the contract is 
     confidential, a party to the contract shall not be prohibited 
     from discussing any terms or details of any contract with--
       ``(1) a legal adviser;
       ``(2) a lender;
       ``(3) an accountant;
       ``(4) an executive or manager;
       ``(5) a landlord;
       ``(6) a family member; or
       ``(7) a Federal or State agency with responsibility for--
       ``(A) enforcing a statute designed to protect a party to 
     the contract; or
       ``(B) administering this Act.
       ``(b) Effect on State Laws.--Subsection (a) does not affect 
     State laws that address confidentiality provisions in 
     contracts for the sale or production of livestock or 
     poultry.''.
                                  ____

  SA 2605. Mr. THURMOND (for himself and Mr. Helms) submitted an 
amendment intended to be proposed to amendment SA 2471 submitted by Mr. 
Daschle and intended to be proposed to the bill (S. 1731) to strengthen 
the safety net for agricultural producers, to enhance resource 
conservation and rural development, to provide for farm credit, 
agricultural research, nutrition, and related programs, to ensure 
consumers abundant food and fiber, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 40, line 8, strike the period at the end and insert 
     the following:

     SEC. 1____. LEASE AND TRANSFER OF CERTAIN ALLOTMENTS AND 
                   QUOTAS.

       (a) In General.--Section 316(a)(1)(A)(ii) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 
     1314b(a)(1)(A)(ii)) is amended in the last sentence by 
     inserting ``(other than the 2002 crop)'' after ``crops''.
       (b) Study.--
       (1) In general.--The Secretary of Agriculture shall conduct 
     a study of the effects of the prohibition provided under the 
     last sentence of section 316(a)(1)(A)(ii) of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1314b(a)(1)(A)(ii)).

[[Page S13308]]

       (2) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the results of the study.
                                  ____

  SA 2606. Mr. HUTCHINSON submitted an amendment intended to be 
proposed to amendment SA 2471 submitted by Mr. Daschle and intended to 
be proposed to the bill (S. 1731) to strengthen the safety net for 
agricultural producers, to enhance resource conservation and rural 
development, to provide for farm credit, agricultural research, 
nutrition, and related programs, to ensure consumers abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 984, line 2, strike the period at the end and 
     insert a period and the following:

     SEC. 10____. NATIONAL UNIFORMITY FOR FOOD.

       (a) National Uniformity.--Section 403A(a) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)) is 
     amended--
       (1) by striking ``or'' at the end of paragraph (4);
       (2) in paragraph (5), by striking the period and inserting 
     a comma; and
       (3) by adding at the end the following:
       ``(6) any requirement for the labeling of food described in 
     section 403(j), or 403(s), that is not identical to the 
     requirement of such section, or
       ``(7) any requirement for a food described in section 
     402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 402(f), 
     402(g), 404, 406, 408, 409, 512, or 721(a), that is not 
     identical to the requirement of such section.''.
       (b) Uniformity in Food Safety Warning Notification 
     Requirements.--Chapter IV of such Act (21 U.S.C. 341 et seq.) 
     is amended--
       (1) by redesignating sections 403B and 403C as sections 
     403C and 403D, respectively; and
       (2) by inserting after section 403A the following new 
     section:

     ``SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION 
                   REQUIREMENTS.

       ``(a) Uniformity Requirement.--
       ``(1) In general.--Except as provided in subsections (c) 
     and (d), no State or political subdivision of a State may, 
     directly or indirectly, establish or continue in effect under 
     any authority any notification requirement for a food that 
     provides for a warning concerning the safety of the food, or 
     any component or package of the food, unless such a 
     notification requirement has been prescribed under the 
     authority of this Act and the State or political subdivision 
     notification requirement is identical to the notification 
     requirement prescribed under the authority of this Act.
       ``(2) Definitions.--For purposes of paragraph (1)--
       ``(A) the term `notification requirement' includes any 
     mandatory disclosure requirement relating to the 
     dissemination of information about a food by a manufacturer 
     or distributor of a food in any manner, such as through a 
     label, labeling, poster, public notice, advertising, or any 
     other means of communication, except as provided in paragraph 
     (3);
       ``(B) the term `warning', used with respect to a food, 
     means any statement, vignette, or other representation that 
     indicates, directly or by implication, that the food presents 
     or may present a hazard to health or safety; and
       ``(C) a reference to a notification requirement that 
     provides for a warning shall not be construed to refer to any 
     requirement or prohibition relating to food safety that does 
     not involve a notification requirement.
       ``(3) Construction.--Nothing in this section shall be 
     construed to prohibit a State from conducting the State's 
     notification, disclosure, or other dissemination of 
     information, or to prohibit any action taken relating to a 
     mandatory recall or court injunction involving food 
     adulteration under a State statutory requirement identical to 
     a food adulteration requirement under this Act.
       ``(b) Review of Existing State Requirements.--
       ``(1) Existing state requirements; deferral.--Any 
     requirement that--
       ``(A)(i) is a State notification requirement for a food 
     that provides for a warning described in subsection (a) that 
     does not meet the uniformity requirement specified in 
     subsection (a); or
       ``(ii) is a State food safety requirement described in 
     paragraph (6) or (7) of section 403A that does not meet the 
     uniformity requirement specified in that paragraph; and
       ``(B) is in effect on the date of enactment of the National 
     Uniformity for Food Act of 2000,
     shall remain in effect for 180 days after that date of 
     enactment.
       ``(2) State petitions.--With respect to a State 
     notification or food safety requirement that is described in 
     paragraph (1), the State may petition the Secretary for an 
     exemption or a national standard under subsection (c). If a 
     State submits such a petition within 180 days after the date 
     of enactment of the National Uniformity for Food Act of 2000, 
     the notification or food safety requirement shall remain in 
     effect until the Secretary takes all administrative action on 
     the petition pursuant to paragraph (3), and the time periods 
     and provisions specified in paragraph (3) shall apply in lieu 
     of the time periods and provisions specified in subsection 
     (c)(3) (but not the time periods and provisions specified in 
     subsection (d)(2)).
       ``(3) Action on petitions.--
       ``(A) Publication.--Not later than 270 days after the date 
     of enactment of the National Uniformity for Food Act of 2000, 
     the Secretary shall publish a notice in the Federal Register 
     concerning any petition submitted under paragraph (2) and 
     shall provide 180 days for public comment on the petition.
       ``(B) Time periods.--Not later than 360 days after the end 
     of the period for public comment, the Secretary shall take 
     final agency action on the petition.
       ``(C) Judicial review.--The failure of the Secretary to 
     comply with any requirement of this paragraph shall 
     constitute final agency action for purposes of judicial 
     review. If the court conducting the review determines that 
     the Secretary has failed to comply with the requirement, the 
     court shall order the Secretary to comply within a period 
     determined to be appropriate by the court.
       ``(c) Exemptions and National Standards.--
       ``(1) Exemptions.--Any State may petition the Secretary to 
     provide by regulation an exemption from paragraph (6) or (7) 
     of section 403A(a) or subsection (a), for a requirement of 
     the State or a political subdivision of the State. The 
     Secretary may provide such an exemption, under such 
     conditions as the Secretary may impose, for such a 
     requirement that--
       ``(A) protects an important public interest that would 
     otherwise be unprotected, in the absence of the exemption;
       ``(B) would not cause any food to be in violation of any 
     applicable requirement or prohibition under Federal law; and
       ``(C) would not unduly burden interstate commerce, 
     balancing the importance of the public interest of the State 
     or political subdivision against the impact on interstate 
     commerce.
       ``(2) National standards.--Any State may petition the 
     Secretary to establish by regulation a national standard 
     respecting any requirement under this Act or the Fair 
     Packaging and Labeling Act (15 U.S.C. 1451 et seq.) relating 
     to the regulation of a food.
       ``(3) Action on petitions.--
       ``(A) Publication.--Not later than 30 days after receipt of 
     any petition under paragraph (1) or (2), the Secretary shall 
     publish such petition in the Federal Register for public 
     comment during a period specified by the Secretary.
       ``(B) Time periods for action.--Not later than 60 days 
     after the end of the period for public comment, the Secretary 
     shall take final agency action on the petition. If the 
     Secretary is unable to take final agency action on the 
     petition during the 60-day period, the Secretary shall inform 
     the petitioner, in writing, the reasons that taking the final 
     agency action is not possible, the date by which the final 
     agency action will be taken, and the final agency action that 
     will be taken or is likely to be taken. In every case, the 
     Secretary shall take final agency action on the petition not 
     later than 120 days after the end of the period for public 
     comment.
       ``(4) Judicial review.--The failure of the Secretary to 
     comply with any requirement of this subsection shall 
     constitute final agency action for purposes of judicial 
     review. If the court conducting the review determines that 
     the Secretary has failed to comply with the requirement, the 
     court shall order the Secretary to comply within a period 
     determined to be appropriate by the court.
       ``(d) Imminent Hazard Authority.--
       ``(1) In general.--A State may establish a requirement that 
     would otherwise violate paragraph (6) or (7) of section 
     403A(a) or subsection (a), if--
       ``(A) the requirement is needed to address an imminent 
     hazard to health that is likely to result in serious adverse 
     health consequences or death;
       ``(B) the State has notified the Secretary about the matter 
     involved and the Secretary has not initiated enforcement 
     action with respect to the matter;
       ``(C) a petition is submitted by the State under subsection 
     (c) for an exemption or national standard relating to the 
     requirement not later than 30 days after the date that the 
     State establishes the requirement under this subsection; and
       ``(D) the State institutes enforcement action with respect 
     to the matter in compliance with State law within 30 days 
     after the date that the State establishes the requirement 
     under this subsection.
       ``(2) Action on petition.--
       ``(A) In general.--The Secretary shall take final agency 
     action on any petition submitted under paragraph (1)(C) not 
     later than 7 days after the petition is received, and the 
     provisions of subsection (c) shall not apply to the petition.
       ``(B) Judicial review.--The failure of the Secretary to 
     comply with the requirement described in subparagraph (A) 
     shall constitute final agency action for purposes of judicial 
     review. If the court conducting the review determines that 
     the Secretary has failed to comply with the requirement, the 
     court shall order the Secretary to comply within a period 
     determined to be appropriate by the court.
       ``(3) Duration.--If a State establishes a requirement in 
     accordance with paragraph (1), the requirement may remain in 
     effect until the Secretary takes final agency action on a 
     petition submitted under paragraph (1)(C).

[[Page S13309]]

       ``(e) No Effect on Product Liability Law.--Nothing in this 
     section shall be construed to modify or otherwise affect the 
     product liability law of any State.
       ``(f) No Effect on Identical Law.--Nothing in this section 
     or section 403A relating to a food shall be construed to 
     prevent a State or political subdivision of a State from 
     establishing, enforcing, or continuing in effect a 
     requirement that is identical to a requirement of this Act, 
     whether or not the Secretary has promulgated a regulation or 
     issued a policy statement relating to the requirement.
       ``(g) No Effect on Certain State Law.--Nothing in this 
     section or section 403A relating to a food shall be construed 
     to prevent a State or political subdivision of a State from 
     establishing, enforcing, or continuing in effect a 
     requirement relating to--
       ``(1) freshness dating, open date labeling, grade labeling, 
     a State inspection stamp, religious dietary labeling, organic 
     or natural designation, returnable bottle labeling, unit 
     pricing, or a statement of geographic origin; or
       ``(2) a consumer advisory relating to food sanitation that 
     is imposed on a food establishment, or that is recommended by 
     the Secretary, under part 3-6 of the Food Code issued by the 
     Food and Drug Administration and referred to in the notice 
     published at 64 Fed. Reg. 8576 (1999) (or any corresponding 
     similar provision of such a Code).
       ``(h) Definition.--In section 403A and this section, the 
     term `requirement', used with respect to a Federal action or 
     prohibition, means a mandatory action or prohibition 
     established under this Act or the Fair Packaging and Labeling 
     Act (15 U.S.C. 1451 et seq.), as appropriate, or by a 
     regulation issued under or by a court order relating to, this 
     Act or the Fair Packaging and Labeling Act, as 
     appropriate.''.
       (c) Conforming Amendment.--Section 403A(b) of such Act (21 
     U.S.C. 343-1(b)) is amended by adding at the end the 
     following:
     ``The requirements of paragraphs (3) and (4) of section 
     403B(c) shall apply to any such petition, in the same manner 
     and to the same extent as the requirements apply to a 
     petition described in section 403B(c).''.
                                  ____

  SA 2607. Mr. BURNS proposed an amendment to amendment SA 2471 
submitted by Mr. Daschle and intended to be proposed to the bill (S. 
1731) to strengthen the safety net for agricultural producers, to 
enhance resource conservation and rural development, to provide for 
farm credit, agricultural research, nutrition, and related programs, to 
ensure consumers abundant food and fiber, and for other purposes; as 
follows:

       On page 205, strike lines 8 through 11 and insert the 
     following:
       (c) Maximum Enrollment.--Section 1231(d) of the Food 
     Security Act of 1985 (16 U.S.C. 3831(d)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) by striking ``36,400,000'' and inserting 
     ``41,100,000''; and
       (3) by adding at the end the following:
       ``(2) Per-farm limitation.--In the case a contract entered 
     into on or after the date of enactment of this paragraph or 
     the expiration of a contract entered into before that date, 
     an owner or operator may enroll not more than 50 percent of 
     the eligible land (as described in subsection (b)) of an 
     agricultural operation of the owner or operator in the 
     program under this subchapter.''.
                                  ____

  SA 2608. Mr. BURNS proposed an amendment to amendment SA 2471 
submitted by Mr. Daschle and intended to be proposed to the bill (S. 
1731) to strengthen the safety net for agricultural producers, to 
enhance resource conservation and rural development, to provide for 
farm credit, agricultural research, nutrition, and related programs, to 
ensure consumers abundant food and fiber, and for other purposes; as 
follows:

       On page 212, strike lines 13 through 15 and insert the 
     following:
     reduce the amount of payments made by the Secretary for other 
     practices under the conservation reserve program.
       ``(j) Per-Acre Payment Levels.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall conduct a 
     study to determine, and promulgate regulations that establish 
     in accordance with paragraph (2), per-acre values for 
     payments for different categories of land enrolled in the 
     conservation reserve program.
       ``(2) Values.--In carrying out paragraph (1), the Secretary 
     shall ensure that--
       ``(A) the per-acre value for highly erodible land or other 
     sensitive land (as identified by the Secretary) that is not 
     suitable for agricultural production; is greater than
       ``(B) the per-acre value for land that is suitable for 
     agricultural production (as determined by the Secretary).''.

  SA 2609. Mr. ROBERTS submitted an amendment to be proposed to 
amendment SA 2471 submitted by Mr. Daschle and intended to be proposed 
to the bill (S. 1731) to strengthen the safety net for agricultural 
producers, to enhance resource conservation and rural development, to 
provide for farm credit, agricultural research, nutrition, and related 
programs, to ensure consumers abundant food and fiber, and for other 
purposes; as follows:

       On page 797, line 4, strike the period at the end and 
     insert a period and the following:

     SEC. 787. CARBON CYCLE RESEARCH.

       Section 221 of the Agricultural Risk Protection Act of 2000 
     (114 Stat. 407) is amended--
       (1) in subsection (a), by striking ``Of the amount'' and 
     all that follows through ``to provide'' and inserting ``To 
     the extent that funds are made available for the purpose, the 
     Secretary shall provide'';
       (2) in subsection (d), by striking ``under subsection (a)'' 
     and inserting ``to carry out this section''; and
       (3) by adding at the end the following:
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated for fiscal years 2002 through 
     2011 such sums as are necessary to carry out this section.''.
                                  ____

  SA 2610. Mr. DASCHLE (for Mr. Lieberman (for himself and Mr. 
Thompson)) proposed an amendment to the bill H.R. 2657, to amend title 
11, District of Columbia Code, to redesignate the Family Division of 
the Superior Court of the District of Columbia as the Family Court of 
the Superior Court, to recruit and retain trained and experienced 
judges to serve in the Family Court, to promote consistency and 
efficiency in the assignment of judges to the Family Court and in 
consideration of actions and proceedings in the Family Court, and for 
other purposes; as follows:

       On page 41, line 4, strike ``Exception'', and insert 
     ``Emergency reassignment''.
       On page 41, line 6, strike ``this Act'' and insert ``the 
     District of Columbia Family Court Act of 2001''.
       On page 41, line 8, strike all after ``15'' through line 13 
     and insert a dash and the following:
       ``(A) the chief judge may temporarily reassign judges from 
     other divisions of the Superior Court to serve on the Family 
     Court who meet the requirements of paragraphs (1) and (3) of 
     subsection (b) or senior judges who meet the requirements of 
     those paragraphs, except such reassigned judges shall not be 
     subject to the term of service requirements set forth in 
     subsection (c); and
       ``(B) the chief judge shall, within 30 days of emergency 
     temporary reassignment pursuant to subparagraph (A), submit a 
     report to the President and Congress describing--
       ``(i) the nature of the emergency;
       ``(ii) how the emergency was addressed, including which 
     judges were reassigned; and
       ``(iii) whether and why an increase in the number of Family 
     Court judges authorized in subsection (a)(1) may be necessary 
     to serve the needs of families and children in the District 
     of Columbia.
       On page 42, line 20, after ``Court'' insert ``who is 
     reassigned on an emergency temporary basis pursuant to 
     subsection (a)(2)''.
       On page 43, beginning with line 4, strike all through line 
     21 and insert the following:
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual assigned to serve as a judge of the Family Court 
     of the Superior Court shall serve for a term of 5 years.
       ``(2) Special rule for judges serving on superior court on 
     date of enactment of family court act of 2001.--
       ``(A) In general.--An individual assigned to serve as a 
     judge of the Family Court of the Superior Court who is 
     serving as a judge of the Superior Court on the date of the 
     enactment of the District of Columbia Family Court Act of 
     2001 shall serve for a term of not fewer than 3 years.
       ``(B) Reduction of period for judges serving in family 
     division.--In the case of a judge of the Superior Court who 
     is serving as a judge in the Family Division of the Court on 
     the date of the enactment of the District of Columbia Family 
     Court Act of 2001, the 3-year term applicable under 
     subparagraph (A) shall be reduced by the length of any period 
     of consecutive service as a judge in such Division 
     immediately preceding the date of the enactment of such Act.
       On page 43, line 22, strike ``(2)'' and insert ``(3)''.
       On page 44, line 6, strike ``(3)'' and insert ``(4)''.
       On page 45, line 19, after ``Court'' insert ``, including a 
     description of how the Superior Court will handle the one 
     family, one judge requirement pursuant to section 11-1104(a) 
     for all cases and proceedings assigned to the Family 
     Court.''.
       On page 47, line 1, strike ``proposal'' and insert 
     ``plan''.
       On page 47, beginning with line 15, strike all beginning 
     with ``The requirement'' through line 19.
       On page 48, line 5, after the dash, insert ``The chief 
     judge of the Superior Court should make every effort to 
     provide for the earliest practicable disposition of 
     actions.''.
       On page 48, line 13, after ``judges'' insert ``, including 
     senior judges as defined in section 11-1504, District of 
     Columbia Code''.
       On page 48, line 15, after ``judges'' insert ``, including 
     senior judges''.
       On page 48, line 18, strike ``section 103(a)(3) of''.
       On page 48, line 19, strike ``(42 U.S.C. 675(5)(E))'' and 
     insert ``, if applicable''.
       On page 48, line 19, strike ``and''.
       On page 48, strike lines 20 through 24 and insert the 
     following:

[[Page S13310]]

       (ii) the chief judge determines, in consultation with the 
     presiding judge of the Family Court, based on the record in 
     the case and any unique expertise, training, or knowledge of 
     the case that the judge might have, that permitting the judge 
     to retain the case would lead to permanent placement of the 
     child more quickly than reassignment to a judge in the Family 
     Court.
       (D) Priority for certain actions and proceedings.--The 
     chief judge of the Superior Court, in consultation with the 
     presiding judge of the Family Court, shall give priority 
     consideration to the disposition or transfer of the following 
     actions and proceedings:
       (i) The action or proceeding involves an allegation of 
     abuse or neglect.
       (ii) The action or proceeding was initiated in the family 
     division prior to the 2-year period which ends on the date of 
     enactment of this Act.
       (iii) The judge to whom the action or proceeding is 
     assigned as of the date of enactment of this Act is not 
     assigned to the Family Division.
       On page 49, line 1, strike ``(D)'' and insert ``(E)''.
       On page 49, line 2, strike ``report'' and insert ``submit 
     reports to the President,''.
       On page 49, lines 7 and 8, strike ``enactment of this Act'' 
     and insert ``submission of the transition plan required under 
     paragraph (1)''.
       On page 49, line 9, strike ``(D)'' and insert ``(E)''.
       On page 49, after line 10, insert the following:
       (F) Rule of construction.--Nothing in this subsection shall 
     preclude the chief judge, in consultation with the presiding 
     judge of the Family Court, from transferring actions or 
     proceedings pending before judges outside the Family Court at 
     the enactment of this Act which do not involve allegations of 
     abuse and neglect but which would otherwise fall under the 
     jurisdiction of the Family Court to judges in the Family 
     Court prior to the deadline as defined in subparagraph 2(B), 
     particularly if such transfer would result in more efficient 
     resolution of such actions or proceedings.
       On page 51, line 18, after ``including the'' insert 
     ``implementation of the''.
       On page 52, after line 14 insert the following:
       (D) An analysis of the timeliness of the resolution and 
     disposition of pending actions and proceedings required under 
     the transition plan (as described in paragraphs (1)(I) and 
     (2) of subsection (b)), including an analysis of the effect 
     of the availability of magistrate judges on the time required 
     to resolve and dispose of such actions and proceedings.
       On page 54, line 23, strike ``chapter 11'' and insert 
     ``chapter 13''.
       On page 54, line 23, strike ``title 21'' and insert ``title 
     7''.
       On page 54, line 24, strike ``substantially'' and insert 
     ``at least moderately mentally''.
       On page 56, line 18, strike ``2(C)'' and insert ``2(D)''.
       On page 56, line 22, after ``magistrate judge'' insert ``in 
     the Family Court''.
       On page 56, line 25, after ``lawful'' insert ``, subject to 
     subparagraph (C)''.
       On page 57, line 22, strike ``18 months'' and insert ``6 
     months or, in extraordinary circumstances, for not more than 
     12 months''.
       On page 57, line 25, strike ``section 103(a)(3) of''.
       On page 58, line 1, strike ``(42 U.S.C. 675(E))''.
       On page 58, beginning with line 2, strike all through line 
     10 and insert the following:
     applicable; and
       ``(ii) if Public Law 105-89 is applicable, the chief judge 
     determines, in consultation with the presiding judge of the 
     Family Court, based on the record in the case and any unique 
     expertise, training or knowledge of the case that the judge 
     might have, that permitting the judge to retain the case 
     would lead to permanent placement of the child more quickly 
     than reassignment to a judge in the Family Court.
       On page 69, line 12, after ``appointed'' insert ``or 
     assigned''.
       On page 69, line 14, strike ``assigned to handle Family 
     Court cases'' and insert ``as a magistrate judge for the 
     Domestic Violence Unit handling actions or proceedings which 
     would otherwise be under the jurisdiction of the Family 
     Court''.
       On page 71, line 2, insert ``appropriate'' before 
     ``presiding judge''.
       On page 71, line 16, insert ``appropriate'' before 
     ``presiding judge''.
       On page 71, line 16, strike ``of the Family Court''.
       On page 73, line 24, strike ``not more than 5''.
       On page 74, line 5, after ``subsection (a))'' insert ``, 
     for the purpose of assisting with the implementation of the 
     transition plan under section 3(b) of this Act, and in 
     particular with the transition or disposal of actions or 
     proceedings pursuant to section 3(b)(2) of this Act''.
       On page 74, after line 25, insert the following:
       (C) Rule of construction.--Nothing in this subsection shall 
     be construed to preclude magistrate judges appointed pursuant 
     to this subsection from performing upon appointment any or 
     all of the functions of magistrate judges of the Family Court 
     or Domestic Violence Unit as set forth in subsection 11-
     1732A(d).
       On page 75, line 22, after ``construction'' insert ``, 
     lease, or acquisition''.
       On page 76, line 12, beginning after ``upon'' strike all 
     through line 14 and insert ``enactment of this Act.''.

                          ____________________