[Congressional Record Volume 151, Number 120 (Thursday, September 22, 2005)]
[Senate]
[Pages S10327-S10332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2006

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 2744, which the clerk will 
report.
  The legislative clerk read as follows:

       A bill (H.R. 2744) making appropriations for Agriculture, 
     Rural Development, Food and Drug Administration, and related 
     agencies for the fiscal year ending September 30, 2006, and 
     for other purposes.

  Pending:

       Dayton modified amendment No. 1844, to condition the use of 
     funds for carrying out a provision relating to prevented 
     planting payments, with an offset.
       Bingaman (for Jeffords) amendment No. 1796, to provide 
     funds to carry out the historic barn preservation program, 
     with an offset.

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to a vote in relation to the Dayton amendment, No. 
1844.
  The Senator from Utah.
  Mr. BENNETT. Mr. President, I see Senator Dayton is here. The yeas 
and nays have not been ordered. There have been discussions during the 
evening about this amendment. I wonder whether the Senator wants the 
yeas and nays. I would say the Jeffords amendment, which under the 
previous order is the next pending business, will be withdrawn.


                      Amendment No. 1796 withdrawn

  I ask unanimous consent that it be withdrawn, after conferring with 
Senator Jeffords and his staff.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.


                    Amendment No. 1844, as modified

  Mr. BENNETT. We are now on the Dayton amendment.
  The ACTING PRESIDENT pro tempore. The vote occurs in relation to the 
Dayton amendment, No. 1844, as modified.
  Mr. DAYTON. I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER (Ms. Murkowski). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 47, nays 52, as follows:

[[Page S10328]]

                      [Rollcall Vote No. 240 Leg.]

                                YEAS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carper
     Clinton
     Coleman
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Grassley
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Stabenow
     Thune
     Wyden

                                NAYS--52

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Chafee
     Chambliss
     Coburn
     Cochran
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Murkowski
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Vitter
     Voinovich
     Warner

                             NOT VOTING--1

       
     Corzine
       
  The amendment (No. 1844), as modified, was rejected.
  Mr. BENNETT. I move to reconsider the vote.
  Mr. BIDEN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                    Farmers Market Promotion Program

  Mr. HARKIN. Madam President, I would like to take a moment and 
comment about an important program that I worked to include in the 2002 
farm bill. I wish to engage Chairman Bennett, manager of the fiscal 
year 2006 Agriculture appropriations bill, in a colloquy regarding the 
Farmers Market Promotion Program.
  The House of Representatives has already passed its Agriculture 
appropriations bill, which includes $1 million in funding for the 
Farmers Market Promotion Program. As the Senate wraps up its work on 
the pending bill and looks ahead to conference, I would like to request 
that the chairman do all he can in those negotiations to secure full 
funding for this important program.
  Authorized in section 10605 of the 2002 farm bill, the Farmers Market 
Promotion Program would provide critical Federal grant dollars to local 
governments, chambers of commerce, farmers market alliances, coops, and 
economic development organizations to support the expansion, 
development and maintenance of farmers markets and other direct 
marketing opportunities. An initial investment of $1 million will help 
to get this program up and running, bringing critical resources to 
communities nationwide.
  I make this request of the chairman understanding the budget 
pressures and competing interests within this bill. I would like to say 
at this time, however, this $1 million would be very well spent. 
Consumers are demanding locally grown farm raised agricultural products 
and producers want to meet this demand. In my State and across the 
Nation exciting things are happening in the area of new markets for 
agricultural products, but many communities lack the needed seed money 
to get off of the ground.
  Mr. BENNETT. The Senator from Iowa and ranking member of the Senate 
Committee on Agriculture, Nutrition and Forestry, as well as member of 
the subcommittee of jurisdiction over this bill, raises some important 
points about funding in the bill. I will work with Senator Harkin in 
conference to address this issue.
  Mr. HARKIN. I am grateful to the Chair and thank him again for his 
skillful work at crafting a bill that can be supported by the full 
Senate.
  Mr. DeWINE. Madam President, I thank Chairman Cochran for taking the 
time to have this very serious discussion with me about a life saving 
proposal that I believe needs to become part of this bill before it is 
passed into law.
  The proposal, originally suggested by President Bush, would allow a 
small percentage of U.S. food aid dollars to be used to purchase food 
locally in the country or region of a food aid crisis until U.S. food 
aid can arrive. For example, if there is a food crisis in Ethiopia, the 
U.S. Government would be able to purchase food in neighboring 
countries, or even in other areas of Ethiopia where food is available, 
and use it to save lives until food shipped from the United States 
could arrive. On average, U.S. food aid takes over 4 months to arrive 
in countries in need, and during that gap period, people die--children 
die.
  There is also another consideration that makes this proposal even 
more imperative. U.S. food aid is stored in Galveston, TX, and 60 
percent of our food aid shipments exit through the Gulf of Mexico. Now, 
with Rita raging off the coast of Texas, several hundreds of millions 
of dollars of food aid are in the direct path of the storm.
  Even if the food stores are not destroyed by this storm, the vessels 
that were intended to transport the food aid have been sent out to sea 
and rail companies are not picking up additional commodities. This 
means the U.S. food aid delivery system is in a state of arrest. If we 
do not provide a limited authority to purchase food locally until U.S. 
food aid can arrive in countries suffering from a food shortage crisis, 
kids will starve to death as they wait for help to arrive. We cannot in 
good conscience let that happen.
  This is one of those rare times when we, as elected officials, have 
the opportunity to take a step that directly saves lives. Make no 
mistake about it--if we fail to give the U.S. Agency for International 
Development the flexibility to purchase food from local sources, our 
lack of action will prevent us from saving lives. Failing to act will 
cost the lives of thousands of suffering men, women, and children. I 
trust that such a failure is simply not acceptable to my fellow 
Senators. It certainly is not acceptable to me.
  Mr. COCHRAN. I thank the Senator from Ohio for bringing this issue to 
my attention and note his desire to provide funding for this new 
proposal to provide cash for in-country commodity purchasing. I want 
the Senator to know that I will work with him throughout the conference 
negotiations on this bill to address this issue.


                        food assistance programs

  Mr. BAUCUS. I rise today to express my deep concern with the state of 
our Nation's food assistance programs. In recent weeks our Nation has 
seen first hand the critical importance of food assistance programs in 
helping our fellow Americans in times of need. After Hurricane Katrina, 
with Hurricane Rita bearing down on the Texas coast, and with rising 
fuel costs, our ability to provide the resources needed by Americans 
need of food assistance is threatened. This is a critical problem one I 
have seen in the gulf States but also seen in Montana where many of my 
fellow Montanans rely on food assistance.
  Mr. COCHRAN. I join my colleague from Montana in expressing concern 
over the condition of the Nation's food assistance programs. I too 
believe that participation in these nutrition programs may increase due 
to the recent hurricane. I look forward to working with the Senator to 
provide adequate funding to meet the demand for food assistance.
  Mr. BAUCUS. I appreciate Chairman Cochran's understanding and 
concern. I have seen some of the devastation in the gulf and want to 
express my sympathy and pledge my support to help. Montanans have seen 
the devastation and like me, they have opened their arms and hearts to 
Gulf State evacuees. I hope that the chairman will join me in pledging 
his support for taking immediate action to help alleviate the critical 
needs faced by Americans in the gulf as well as citizens across the 
country regarding food assistance. The Senate should act, and act now 
to provide Americans relying on food assistance assurance that the 
resources they rely upon will be there when they need it.
  Mr. KOHL. I join my distinguished colleagues from Mississippi and 
Montana. Providing emergency funds for the food assistance programs in 
this country is desperately required. Americans in the gulf, as well as 
my home State of Wisconsin, should be provided the food assistance that 
they need. Congress must act to address the essential needs of these 
Americans by ensuring that the Nation's food banks, emergency feeding 
and other food assistance organizations have the resources they 
require.
  Mr. SALAZAR. Madam President, I rise to speak about the fiscal year 
2006 Agriculture appropriations bill. I want

[[Page S10329]]

to begin by thanking Chairman Bennett and Ranking Member Kohl for their 
hard work on this important bill. They were given a tough assignment--
to meet the needs of our rural communities in the context of a very 
tough budget picture. They have done a good job.
  I have several amendments to this bill, and I know we have reached an 
agreement on two of them. I thank my colleagues and their staffs, Galen 
Fountain and Fitz Elder for their help. I will discuss those amendments 
shortly.
  I have spoken in this Chamber before about the forgotten America and, 
once again, I stand here today to speak about my concern that we are 
not doing everything we can on behalf of those farmers, ranchers and 
agri-businesses which continue to play a vital role in our Nation's 
rural communities.
  I am concerned about these communities. Too often, Washington leaves 
those communities to wither on the vine.
  The administration has proposed reductions in farm commodity 
programs, crop insurance, food assistance, rural development and 
conservation.
  Just yesterday, the U.S. Department of Agriculture announced that 
Hurricane Katrina caused an estimated $900 million in farm losses, 
however according to reports, this estimate did not include long-term 
infrastructure losses such as damaged barns, machinery, and fuel 
shortages.
  The bill before us takes steps to send a message to rural America 
that we are not forgetting that vital part of our country.
  It invests 3 percent more than the House-passed bill.
  It adds back many of the important investments that the President 
proposed cutting in his budget earlier this year.
  There are also important investments for Colorado. Specifically, 
Colorado State University in Fort Collins will receive $1.9 million in 
important agriculture research programming.
  Colorado will see nearly $32 million in agricultural research and 
conservation projects, including $15 million in investment to fight 
noxious weeds and funding for resource conservation and development 
councils.
  I think we can do more, and we must do more, because it is not just 
Washington that forgets rural America. Consider this. Earlier today, I 
got on the World Wide Web and googled gas prices on Google News. Sixty-
four pages came back with stories on the gas prices that are hurting 
this country.
  But through tens of pages of stories, I did not see a single story on 
the impact of high gas on farmers and ranchers. I did see stories on: 
rising gas prices hurting commuters; rising gas prices hurting SUV 
drivers; rising gas prices hurting local governments; rising gas prices 
hurting lottery sales; rising gas prices hurting pizza delivery prices; 
rising gas prices hurting golf travel plans; and rising gas prices 
hurting leaf watchers.
  I have no doubt these high prices are hurting families in each of 
these situations.
  But I also know that now, today, this week, in the height of harvest 
time, no one is hurt by gas prices more than farmers and ranchers.
  Here is what I am hearing from my State. During harvest, agricultural 
producers are some of the largest fuel consumers in the U.S. and 
producers are facing enormous fuel costs. In Grand Junction, CO, diesel 
prices are as high as $3.16.
  I have heard from one Colorado farmer in Kit Carson County who has 
estimated that in order to harvest this year, he will need an 
additional $46,000 to cover fuel costs alone.
  I have also heard from another farmer in northeastern Colorado who, 
in order to cover the increasing price of fuel, has applied for 
additional loans at this bank only to be turned down because he is 
already overextended with existing loans.
  That is why I am so pleased this bill now includes my amendment to 
require the Secretary of Agriculture to work with the Secretary of 
Energy to produce a comprehensive report on the impact of high gas 
prices on our farmers, ranchers and rural communities across the 
country. That data is the first step toward a comprehensive solution to 
helping these communities address these terrible prices.
  I am also pleased the bill now includes my amendment to call the 
Secretary's attention to an issue that is plaguing Colorado and the 
West. I know that the chairman is acutely aware of this problem, and 
thank him and his staff for their support.
  The Forest Service reports that during 2004, a total of 7 million 
trees covering over 1.5 million acres, were killed by several different 
types of bark beetles throughout the State of Colorado.
  Severely impacted counties in my State include: Grand, Jackson, 
Routt, Summit, Eagle, Park, Chaffee, Pitkin, Saguache, Gunnison, 
Hinsdale, San Miguel, Ouray, Delta, Montrose, Mesa, and Garfield.
  Awareness of the bark beetle infestation has grown with the 
increasing visual impact of the large stands of dead trees visible from 
I-70 and Colorado's resort communities.
  These infestations will leave millions of acres of Colorado forests 
at risk of a catastrophic fire.
  Regrettably, in the face of this challenge, the Secretary of 
Agriculture continues to underplay the importance of Forest Service 
funding. I am thankful that my colleagues on the Interior 
appropriations subcommittee have done what they can in this budget 
environment to increase funding to fight pine beetles.
  But we can do better. Consider this: total USFS funding down 11 
percent from last year; forest health management funding is flat; 
fiscal year 2006 wildland fire management appropriated additional $25 
million for forest health activities on Federal and State land, $15 M 
and $10 M, respectively).
  That is why it is so important that we send this message to the 
Secretary today. He needs to help us be able to do more to fight this 
scourge. And this amendment today is the first step in that effort.
  I will spend this upcoming weekend with my mother, on our family 
ranch in the San Luis Valley and will lend a helping hand to the potato 
harvest on the farm. The people of that valley--like the people of 
rural communities across this great country--may not get the chance to 
ever come to Washington to see the work we do. Nonetheless, I hope, 
that our work makes it to them, so that they can be assured that we 
have not forgotten them.
  Mr. LEVIN. Madam President, earlier this month, the emerald ash borer 
was positively detected in the Upper Peninsula of my home State of 
Michigan for the first time. Officials believe that this may be an 
isolated outbreak, and hope that it can be successfully contained.
  Unfortunately, this is an aggressive pest that we in Michigan have 
been fighting for years, however we have had only limited success in 
containing the infestation in the past. It is believed that the ash 
borer was brought to Michigan about 6 years ago through the channels of 
international trade. What started as a local infestation in a few 
counties in southeastern Michigan has grown to infest the entire Lower 
Peninsula. This find in a State park in Michigan's Upper Peninsula is 
significant because it shows that efforts and the resources provided 
until now have not been adequate to contain the pest.
  While even as we speak, research is being conducted by some of our 
State's best experts on ways to kill the bug while saving our ash 
trees, a lack of funding is hampering these efforts. Whatever funding 
is available must be balanced between research efforts and eradication 
and containment. For now, that means removing our ash trees. In 
Michigan alone, we are nearing 10 million trees removed. I cannot tell 
you how distressing it is for communities which have been forced to 
remove trees and have little or no funding to replace them. Ann Arbor, 
near the heart of the infestation and known for its beautiful downtown 
tree-lined streets, is increasing devoid of foliage, as is the case 
with too many of our cities and towns.
  The State of Michigan anticipated $30 million in Federal funding last 
year for activities related to eradicating emerald ash borer. 
Unfortunately, they only received a third of that. This has severely 
affected our ability to do what is necessary to eradicate this pest. 
Chipping of these downed trees has ground to a halt, and funding to 
enforce the State's wood quarantines has been strained. We cannot 
continue to hold back the spread of the ash borer on our own with such 
meager funding.

[[Page S10330]]

  This year, recognizing the serious threat that the ash borer poses to 
the Nation, the administration requested $32 million for eradication 
efforts. However, the Senate bill before us provides only $5.96 million 
for the efforts. This is simply far too inadequate.
  The House of Representatives approved $14 million for emerald ash 
borer-related activities in their Agriculture appropriations bill. 
While this is still far below what is required, I believe it is a 
positive first step to providing the desperately needed funding to slow 
the spread of the ash borer.
  We must recognize that this is a nationwide problem that is 
unfortunately not receiving the recognition or support that it should. 
A handful of States where EAB has been detected cannot be expected to 
contain the bug on their own forever. We have seen how quickly the ash 
borer has infested my State of Michigan, taking only 5 years to spread 
throughout the Lower Peninsula. Without adequate resources, we face a 
serious threat to our ash stock. The further spread of the emerald ash 
borer would be economically devastating to my State, and possibly to 
much of the rest of the Nation.
  I am hopeful that the Senate conferees to this bill will accept the 
House's level of $14 million for EAB eradication efforts.
  Mr. FEINGOLD. Madam President, I am pleased that the Senate has 
approved H.R. 2744, the fiscal year 2006 appropriations bill providing 
vital funding for the Department of Agriculture, Food and Drug 
Administration and related agencies. While I may not support every 
provision, this bill provides important funding to support our Nation's 
farmers, rural communities, and conservation programs along with 
providing nutritious food for seniors, children and those in need.
  I am pleased that the Appropriations Committee rejected a number of 
administration proposals to reduce or eliminate important programs such 
as funds for research at our land-grant colleges and universities, 
conservation partnerships through resource conservation and development 
councils, and funds to combat Johne's disease in our dairy industry. 
All of these programs were funded at a minimum of last year's levels 
instead of receiving drastic cuts.
  After years of delay, I was encouraged that the Senate bill included 
funds to implement mandatory country-of-origin labeling, COOL, for 
meat, vegetables and fruits. Country-of-origin labeling is vitally 
important to enable our farmers to show their pride in the quality of 
their products, from ginseng to cheese to cranberries. Wisconsin 
farmers are proud of their work, and many consumers want to support 
American products--with country-of-origin labeling, both farmers and 
consumers benefit. I urge the Senate conferees to insist on funding 
COOL when they meet with the House conferees to resolve differences 
between the two Chambers' bills.
  The Senate bill included over $18 million for efforts to control and 
eradicate chronic wasting disease, CWD, in deer and elk. In addition to 
this much needed funding, I also worked with Senator Allard to include 
a provision that would require the Department of Agriculture to set 
minimum national standards for CWD control. Under the current system 
there are various State regulations but no set of basic procedures 
guiding the movement, handling, testing and permitting of captive-
raised deer and elk. Our amendment, that was included as part of the 
bill, requires the Animal Plant Health Inspection Service to publish 
its uniform methods and rules concerning CWD within 90 days of 
enactment of the provision. With CWD being newly discovered in New York 
and West Virginia, it is clear that this disease requires a national 
response. This provision is an important step to prevent the further 
spread of CWD and help deer and elk farmers operate safely throughout 
the Nation.
  High fuel costs are putting a squeeze on all Americans, but our 
farmers are in a particularly vulnerable position. While the high fuel 
costs are hitting them at many levels, they have little flexibility in 
whether to plant and harvest their fields, pay to move their products 
to market or procure fertilizer and feed. More than that, they receive 
what the market dictates for their products, so when fuel costs double 
or triple and they see fuel surcharges on every one of their bills, 
they can't pass these costs on and receive a higher price for their 
milk, grain or other products. In recognition of this difficult 
situation, I was proud to cosponsor an amendment offered by Senator 
Salazar that was included in the bill as a first step to addressing 
this problem. The amendment requires the Department of Agriculture to 
study the issue and issue a report on the impact to farmers.
  I also submitted an amendment to the bill to require the Food and 
Drug Administration, FDA, to conduct a study on the levels of 
pesticides in domestic and imported ginseng. With Wisconsin ginseng 
being highly prized worldwide for its quality and lack of unsafe 
residues, mislabeled imported ginseng, often with high levels of 
pesticide residues, remains a problem for our producers. This study 
would have investigated this issue and provided important information 
to focus FDA's enforcement activities on reducing the amount of unsafe 
ginseng being passed off as Wisconsin- or U.S.-grown and helping 
growers fight back against this unfair competition. I was disappointed 
that I was blocked from having this amendment included in the bill. 
Despite this setback, I will continue to fight for better enforcement 
to protect consumers and Wisconsin's ginseng growers.
  Mr. DODD. Madam President, I thank Senator Bennett and Senator Kohl 
for their efforts as floor managers of H.R. 2744, the Agriculture 
appropriations bill, and for their willingness to include in that 
legislation an amendment that I offered along with Senators Harkin, 
Reed, Carper, Biden, and Lieberman.
  Our amendment, No. 1818, expresses the sense of the Congress that the 
Food and Drug Administration, FDA, should act within 1 year to issue 
comprehensive labeling guidelines for over-the-counter, OTC, sunscreen 
products--a so-called ``final monograph.'' The FDA began work to 
develop such a monograph in 1978. In 2002, after 24 years, the agency 
issued a final monograph. Unfortunately, the final sunscreen monograph 
failed to address one of the most critical aspects of sunscreens--how 
to measure protection against UVA rays, which are responsible for 
causing skin cancer. Because the final monograph failed to address this 
key issue, the FDA stayed it until a comprehensive monograph could be 
issued in order to avoid consumer confusion and the need for 
unnecessary product relabeling.
  That stay was issued nearly 4 years ago, and the FDA has yet to issue 
a comprehensive final monograph. Sunscreen manufacturers need clear 
guidance on product labeling in order to provide consumers with crucial 
information about the protective benefits of sunscreen products. 
Studies have shown that skin cancer rates continue to rise, especially 
in younger adults and women.
  Furthermore, in the face of FDA inaction, States are poised to fill 
the void, raising the specter of a patchwork of state labeling 
requirements that could be confusing to consumers and unnecessarily 
burdensome to manufacturers. Pursuant to section 751 of the Federal 
Food, Drug, and Cosmetic Act, FFDCA, which was enacted in 1997, a 
Federal rule on sunscreen labeling would preempt any related State 
labeling requirements. But this preemption does not apply in the 
absence of a Federal rule. A recent decision by the Los Angeles 
Superior Court held that, because there is no final FDA monograph for 
sunscreens, the FFDCA does not preempt California State labeling and 
advertising laws. Consequently, California State law can require 
specific labeling for sunscreens sold in California.
  The FFDCA expresses Congress' view that national uniformity of 
sunscreen labels is important to providing all consumers with equal 
access to valuable information about the need for sunscreens to reduce 
the risk of skin cancer. As such, under Public Law 105-115, the Food 
and Drug Modernization and Accountability Act of 1997, Congress 
intended the FDA, which has the requisite scientific and medical 
expertise, to prescribe labels for sunscreen products.
  In March 1999, in a letter to FDA Commissioner Jane Henney, Senator 
Reed and I expressed similar concerns about the agency's protracted 
delay in issuing a comprehensive final OTC

[[Page S10331]]

monograph for sunscreen. Sadly, and much to the detriment of many 
Americans who need clear, accurate, and comprehensive sunscreen 
labeling as their first line of defense against skin cancer, little has 
been done by FDA since that time. Twenty-seven years is more than 
enough time for FDA to finalize this monograph. Again, I thank Senator 
Bennett and Senator Kohl for their willingness to address this issue. I 
urge the FDA to act with all possible haste to finalize the OTC 
monograph for sunscreen products, and to do so within the next year.
  Mr. DURBIN. Madam President, I rise to offer this amendment with 
Senators Murray, Obama and Akaka, and I thank Senators Feinstein and 
Hutchison, as managers of this bill, for working with us to place some 
reasonable limitations on the review of disability claims for post-
traumatic stress disorder that is currently under way in the Department 
of Veterans Affairs.
  The Department of Veterans Affairs is conducting a review of 72,000 
cases of veterans whom the VA has already rated at 100 percent 
disability due to post-traumatic stress disorder. The reason for this 
review is that the Inspector General of the VA recently found that the 
Department has, in the past, approved many PTSD disability claims 
without obtaining key documents from the veterans necessary to 
demonstrate that the PTSD is connected to their military service. In 
other words, the VA failed to adequately confirm the facts of the case.
  In many cases, however, many years have now passed since the 
Department rated the veteran as disabled and began providing disability 
compensation. For many of these veterans suffering from the mental and 
emotional burdens of some very horrific experiences, that VA disability 
check may be their only source of income.
  Now, the VA is re-opening these cases to determine if there was an 
error in their collection of documentation, and if so, where and how 
the error occurred.
  Even if there was an error, however, that veteran is now dependent on 
that income. The veteran should not now--years later--be punished with 
a loss of their income due to the late discovery by the VA of its own 
error.
  For this reason, the amendment I am offering today prohibits the use 
of any appropriated funds to revoke or reduce a veteran's disability 
compensation for post-traumatic stress disorder based on a finding that 
the Department of Veterans Affairs failed to collect justifying 
documentation, unless such failure was the direct result of fraud by 
the applicant.
  It is the intent of this amendment that the Department may conduct 
this review if it provides a report to the Committee on Appropriations 
on the plan for staffing and funding requirements. The Department 
cannot, however, correct its error by taking money away from veterans.
  America's veterans deserve the undying gratitude of the people of 
this Nation. America's veterans deserve speedy and accurate processing 
of their claims at the Department of Veterans Affairs. They do not 
deserve to be given compensation one day, only to have it taken away 
years later. Fortunately, the Senate is acting today to prevent that 
from happening.
  Mr. FRIST. Madam President, every morning, farmers and ranchers 
across America wake up to do the hard work of growing crops, tending 
livestock, and providing food that is safe, abundant and affordable.
  Over 2 million American farms grow the food that feeds the world.
  And today we will pass, with near unanimous support, the Agriculture 
appropriations bill, which helps America's farmers to be the most 
productive in the world.
  The Agriculture appropriations bill funds $100.7 billion for a wide 
array of Government agencies. Roughly 80 percent of the funding in this 
bill is for those programs referred to as ``entitlements.'' That 
includes farm price support programs and funding for low-income, 
domestic food assistance programs such as food stamps, school lunch, 
and other child nutrition programs.
  The portion of this bill we refer to as ``discretionary'' includes 
such activities as rural development, rural housing, agriculture 
research, FDA, and most conservation programs. That portion represents 
$17.3 billion--less than a 3 percent increase over this year's funding.
  Later today, the Department of Agriculture will release their most 
current estimates on the agriculture damages caused by Hurricane 
Katrina. Preliminary estimates indicate that the loss of agricultural 
production in the area might be less than $1 billion. Small comfort to 
the hard working people who have lost their livelihoods--shrimpers 
along the coast who have lost their shrimp boats, broiler producers in 
Mississippi who have lost their facilities.
  But we do know that 8 of the 10 major export grain elevators near the 
Port of New Orleans are operational today. Three major floating rigs, 
which have comparable capacity to these elevators, are also 
operational.
  Eighty percent of grain export capacity has been restored, and barge 
movement is now increasing. Export grain delivery from the upper 
reaches of the Mississippi is catching up with these capacity numbers. 
The real impact of Katrina on the agricultural sector will be the 
increasing cost of energy and fertilizer costs.
  As I mentioned earlier, the largest expenditure made by the USDA is 
for food and nutrition programs. The appropriations bill provides $40.7 
billion for the Food Stamp Program; $12.4 billion for the school meal 
programs; $5.3 billion for the Women and Infants and Children program. 
Rural housing loan programs are allotted nearly $5 billion.
  Another critical function of the USDA is to conduct research into 
improving our farming and conservation methods.
  The Department provides grants to local communities for a variety of 
rural development projects, ranging from electricity improvements, to 
water infrastructure, waste management, broadband service, and energy 
efficiency.
  During the August recess, I had the opportunity to meet with a group 
of county mayors back in my home State. Tennessee is a major grower of 
cotton, corn, and soybeans. This year, we are expected to produce 48 
million bushels of soybeans on 1.2 million acres of farmland. The 
Tennessee USDA office also predicts we will set a new State record for 
cotton production, at over 1.1 million bales.
  While I was home meeting with the county mayors, we discussed 
Tennessee's thriving farming business and what they need to help it 
grow. Greater research into agricultural production was one area they 
highlighted. The farm bill includes significant support for those 
efforts.nc1udes significant support for those efforts.
  It includes: $2 million for Appalachian horticultural research, a 
collaborative project between the USDA and University of Tennessee; 
$955,000 for research into the best way to protect soil and water 
quality on farms which can suffer from heavy erosion; and nearly $40 
million for the boll weevil eradication program to help our cotton 
farmers combat this destructive pest.
  These programs, along with major funding for the USDA's rural 
development programs and housing services, are helping farmers around 
the country continue to feed America, and indeed, the world.
  From the very beginning of our Nation's history, farming has been the 
backbone of our economy, our growth, and our independence. Our earliest 
settlers were farmers. Farmers and ranchers pioneered our expansion to 
the West. Indeed, the first patent issued by the Patent Office in 1790 
was to Samuel Hopkins for a farming innovation.
  I congratulate the chairman of the subcommittee, Senator Bennett, and 
the ranking member, Senator Kohl, on reporting a bill that, even in a 
time of tight budgets, targets spending on the needs of rural America, 
while also maintaining funding for essential food assistance programs.
  By pulling together and remaining focused, the United States Senate 
is keeping America's expansive food and fiber system moving forward.
  Mr. BENNETT. Madam President, all other amendments having been 
withdrawn or disposed of, we are now to final passage. To accommodate 
those who need to leave, I reserve any remarks about the bill until 
after final passage and urge we move to the vote.
  Madam President, I yield for the Senator from Alaska.

[[Page S10332]]

                             Change of Vote

  Mr. STEVENS. Madam President, I ask unanimous consent the vote on 237 
be changed. I voted no and I intended to vote aye. I ask it be changed. 
It will not change the outcome of the vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KOHL. Madam President, I thank Senator Bennett once again for his 
hard work and expert managing of this bill. It has been a pleasure to 
work with him, and I look forward to continuing to work together as we 
conference this bill with the House. I also publicly and sincerely 
thank John Ziolkowski, Fitz Elder, Hunter Moorhead, Dianne Preece, and 
Stacy McBride on his staff for their hard work and dedication.
  They exhibited professionalism and a strong work ethic throughout 
this entire process, and worked seamlessly with my staff--something I 
am constantly reminded of as a rare occurrence in what can be an 
incredibly partisan place. I look forward to continuing this strong 
spirit of cooperation.
  Mr. BENNETT. Madam President, I call for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 2, as follows:

                      [Rollcall Vote No. 241 Leg.]

                                YEAS--97

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                                NAYS--2

     Ensign
     Sununu
       

                             NOT VOTING--1

       
     Corzine
       
  The bill (H.R. 2744), as amended, was passed.
  (The bill will be printed in a future edition of the Record.)
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. BENNETT. Madam President, at this time I would like to thank 
those who worked so hard to help us with the bill, particularly Dave 
Schiappa and Laura Dove here on the floor, along with Bill Hoagland of 
the leader's staff and Chairman Chambliss and his staff, all of whom 
have been tremendously helpful. We also thank David Tinsley, Kathie 
Alvarez, Lula Davis, the Parliamentarians, and the cloakroom staff. 
These marathon activities are not the best kind of situations for some 
of these folks whom we take for granted around here. I want to 
acknowledge their help and their support.
  I, of course, want to acknowledge the staff of the subcommittee, and 
I will list their names as a single staff, even though technically they 
are divided between majority and minority, but in this subcommittee we 
work together as if we are one staff: John Ziolkowski, Fitz Elder, 
Hunter Moorhead, Dianne Preece, Stacy McBride, Galen Fountain, Jessica 
Frederick, Bill Simpson, and Tom Gonzales.
  All of these people have my very deep and sincere thanks for the work 
in getting this done.
  Now, Madam President, I understand we have to appoint conferees.
  The PRESIDING OFFICER. Under the previous order, the Senate insists 
on its amendment, requests a conference with the House on the 
disagreeing votes of the two Houses, and the Chair appoints Mr. 
Bennett, Mr. Cochran, Mr. Specter, Mr. Bond, Mr. McConnell, Mr. Burns, 
Mr. Craig, Mr. Brownback, Mr. Stevens, Mr. Kohl, Mr. Harkin, Mr. 
Dorgan, Mrs. Feinstein, Mr. Durbin, Mr. Johnson, Ms. Landrieu, and Mr. 
Byrd conferees on the part of the Senate.

                          ____________________