[Congressional Record (Bound Edition), Volume 145 (1999), Part 11]
[Senate]
[Pages 15889-15891]
[From the U.S. Government Publishing Office, www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2000

                                 ______
                                 

                       CONRAD AMENDMENT NO. 1244

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the bill (S. 1233) making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2000, and for other 
purposes; as follows:

       On page 76, between lines 6 and 7, insert the following:

            TITLE __--RURAL ECONOMY EMERGENCY STABILIZATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Rural Economy Emergency 
     Stabilization Act of 1999''.

     SEC. __02. MARKET LOSS ASSISTANCE.

       (a) In General.--Except as provided in subsections (d) and 
     (e), the Secretary of Agriculture (referred to in this title 
     as the ``Secretary'') shall use not more than $5,600,000,000 
     of funds of the Commodity Credit Corporation to provide 
     assistance to owners and producers on a farm that are 
     eligible for payments for fiscal year 1999 under a production 
     flexibility contract for the farm under the Agricultural 
     Market Transition Act (7 U.S.C. 7201 et seq.) to partially 
     compensate the owners and producers for the loss of markets 
     for the 1999 crop of a commodity.
       (b) Amount.--Except as provided in subsections (d) and (e), 
     the amount of assistance made available to owners and 
     producers on a

[[Page 15890]]

     farm under this section shall be proportionate to the amount 
     of the contract payment received by the owners and producers 
     for fiscal year 1999 under a production flexibility contract 
     for the farm under the Agricultural Market Transition Act.
       (c) Time for Payment.--The assistance made available under 
     this section for an eligible owner or producer shall be 
     provided as soon as practicable after the date of enactment 
     of this Act.
       (d) Dairy Producers.--
       (1) In general.--Of the total amount made available under 
     subsection (a), $200,000,000 shall be available to provide 
     assistance to dairy producers in a manner determined by the 
     Secretary.
       (2) Federal milk marketing orders.--Payments made under 
     this subsection shall not affect any decision with respect to 
     rulemaking activities under section 143 of the Agricultural 
     Market Transition Act (7 U.S.C. 7253).
       (e) Peanuts.--
       (1) In general.--Of the total amount made available under 
     subsection (a), the Secretary shall use not to exceed 
     $45,000,000 to provide payments to producers of quota peanuts 
     or additional peanuts to partially compensate the producers 
     for the loss of markets for the 1998 crop of peanuts.
       (2) Amount.--The amount of a payment made to producers on a 
     farm of quota peanuts or additional peanuts under paragraph 
     (1) shall be equal to the product obtained by multiplying--
       (A) the quantity of quota peanuts or additional peanuts 
     produced or considered produced by the producers under 
     section 155 of the Agricultural Market Transition Act (7 
     U.S.C. 7271); by
       (B) an amount equal to 5 percent of the loan rate 
     established for quota peanuts or additional peanuts, 
     respectively, under section 155 of that Act.

     SEC. __03. CROP INSURANCE PREMIUM REFUNDS.

       The Secretary, acting through the Federal Crop Insurance 
     Corporation, shall use not more than $400,000,000 of funds of 
     the Commodity Credit Corporation to provide premium refunds 
     or other assistance to purchasers of crop insurance for their 
     2000 or preceding insured crops.

     SEC. __04. CROP LOSS ASSISTANCE.

       (a) In General.--In addition to amounts that have been made 
     available before the date of enactment of this Act to carry 
     out section 1102 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 1999 (7 U.S.C. 1421 note; Public Law 105-277) under 
     other law, the Secretary shall use not more than $360,000,000 
     of funds of the Commodity Credit Corporation to provide crop 
     loss assistance in accordance with that section in a manner 
     that, to the maximum extent practicable--
       (1) fully compensates agricultural producers for crop 
     losses in accordance with that section (including regulations 
     promulgated to carry out that section); and
       (2) provides equitable treatment under that section for 
     agricultural producers described in subsections (b) and (c) 
     of that section.
       (b) Citrus Crop Losses.--Notwithstanding any other 
     provision of law (including regulations), for the purposes of 
     section 1102 of that Act, a loss of a citrus crop caused by a 
     disaster in 1998 shall be considered to be a loss of the 1998 
     crop of the citrus crop, without regard to the time of 
     harvest.
       (c) Compensation for Denial of Crop Loss Assistance Based 
     on Taxpayer Identification Numbers.--The Secretary shall use 
     not more than $70,000,000 of funds of the Commodity Credit 
     Corporation to make payments to producers on a farm that were 
     denied crop loss assistance under section 1102 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 
     note; Public Law 105-277), as the result of a change in the 
     taxpayer identification numbers of the producers if the 
     Secretary determines that the change was not made to create 
     an advantage for the producers in the crop insurance program 
     through lower premiums or higher actual production histories.

     SEC. __05. EMERGENCY LIVESTOCK FEED ASSISTANCE.

       For an additional amount to provide emergency livestock 
     feed assistance in accordance with section 1103 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 
     note; Public Law 105-277), there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $295,000,000.

     SEC. __06. FUNDS FOR STRENGTHENING MARKETS, INCOME, AND 
                   SUPPLY (SECTION 32).

       For an additional amount for the fund maintained for funds 
     made available under section 32 of the Act of August 24, 1935 
     (7 U.S.C. 612c), there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, $355,000,000.

     SEC. __07. DISASTER RESERVE.

       (a) In General.--For the disaster reserve established under 
     section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a), 
     there is appropriated, out of any money in the Treasury not 
     otherwise appropriated, $500,000,000.
       (b) Crop and Livestock Indemnity Payments.--The Secretary 
     shall use the amount made available under this section to 
     establish a program to provide crop or livestock indemnity 
     payments to agricultural producers for the purpose of 
     remedying losses caused by damaging weather or related 
     condition resulting from a natural or major disaster or 
     emergency over a prolonged period.

     SEC. __08. FLOODED LAND RESERVE PROGRAM.

       For an additional amount to carry out a flooded land 
     reserve program, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, $300,000,000.

     SEC. __09. FARM SERVICE AGENCY.

       For an additional amount for the Farm Service Agency, to be 
     used at the discretion of the Secretary, for salaries and 
     expenses of the Farm Service Agency, there is appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     $50,000,000.

     SEC. __10. OILSEED PURCHASES AND DONATIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall use not less than $750,000,000 of 
     funds of the Commodity Credit Corporation for the purchase 
     and distribution of oilseeds, vegetable oil, and oilseed meal 
     under applicable food aid authorities, including--
       (1) section 416(b) of the Agricultural Act of 1949 (7 
     U.S.C. 1431(b));
       (2) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and
       (3) the Agricultural Trade Development and Assistance Act 
     of 1954 (7 U.S.C. 1691 et seq.).
       (b) Least Developed Countries.--Not less than 75 percent of 
     the commodities distributed pursuant to this section shall be 
     made available to least developed countries, as determined by 
     the Secretary.
       (c) Local Currencies.--To the maximum extent practicable, 
     local currencies generated from the sale of commodities under 
     this section shall be used for development purposes that 
     foster United States agricultural exports.

     SEC. __11. UPLAND COTTON PRICE COMPETITIVENESS.

       (a) In General.--Section 136(a) of the Agricultural Market 
     Transition Act (7 U.S.C. 7236(a)) is amended--
       (1) in paragraph (1), by inserting ``(in the case of each 
     of the 1999-2000 and 2000-2001 marketing years for upland 
     cotton, at the option of the recipient)'' after ``or cash 
     payments'';
       (2) by inserting ``(or, in the case of each of the 1999-
     2000 and 2000-2001 marketing years for upland cotton, 1.25 
     cents per pound)'' after ``3 cents per pound'' each place it 
     appears;
       (3) in paragraph (3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Redemption, marketing, or exchange.--
       ``(i) In general.--The Secretary shall establish procedures 
     for redeeming marketing certificates for cash or marketing or 
     exchange of the certificates for--

       ``(I) except as provided in subclause (II), agricultural 
     commodities owned by the Commodity Credit Corporation in such 
     manner, and at such price levels, as the Secretary determines 
     will best effectuate the purposes of cotton user marketing 
     certificates; or
       ``(II) in the case of each of the 1999-2000 and 2000-2001 
     marketing years for upland cotton, agricultural commodities 
     owned by the Commodity Credit Corporation or pledged to the 
     Commodity Credit Corporation as collateral for a loan in such 
     manner, and at such price levels, as the Secretary determines 
     will best effectuate the purposes of cotton user marketing 
     certificates, including enhancing the competitiveness and 
     marketability of United States cotton.

       ``(ii) Price restrictions.--Any price restrictions that 
     would otherwise apply to the disposition of agricultural 
     commodities by the Commodity Credit Corporation shall not 
     apply to the redemption of certificates under this 
     subparagraph.''; and
       (4) in paragraph (4), by inserting before the period at the 
     end the following: ``, except that this paragraph shall not 
     apply to each of fiscal years 2000 and 2001''.
       (b) Ensuring the Availability of Upland Cotton.--Section 
     136(b) of the Agricultural Market Transition Act (7 U.S.C. 
     7236(b)) is amended--
       (1) in paragraph (1), by striking ``The'' and inserting 
     ``Except as provided in paragraph (7), the''; and
       (2) by adding at the end the following:
       ``(7) 1999-2000 and 2000-2001 marketing years.--
       ``(A) In general.--In the case of each of the 1999-2000 and 
     2000-2001 marketing years for upland cotton, the President 
     shall carry out an import quota program as provided in this 
     paragraph.
       ``(B) Program requirements.--Except as provided in 
     subparagraph (C), whenever the Secretary determines and 
     announces that for any consecutive 4-week period, the Friday 
     through Thursday average price quotation for the lowest-
     priced United States growth, as quoted for Middling (M) 1\3/
     32\-inch cotton, delivered C.I.F. Northern Europe, adjusted 
     for the value of any certificate issued under subsection (a), 
     exceeds the Northern Europe price by more than 1.25 cents per 
     pound, there shall immediately be in effect a special import 
     quota.

[[Page 15891]]

       ``(C) Tight domestic supply.--During any month for which 
     the Secretary estimates the season-ending United States 
     upland cotton stocks-to-use ratio, as determined under 
     subparagraph (D), to be below 16 percent, the Secretary, in 
     making the determination under subparagraph (B), shall not 
     adjust the Friday through Thursday average price quotation 
     for the lowest-priced United States growth, as quoted for 
     Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern 
     Europe, for the value of any certificates issued under 
     subsection (a).
       ``(D) Season-ending united states stocks-to-use ratio.--For 
     the purposes of making estimates under subparagraph (C), the 
     Secretary shall, on a monthly basis, estimate and report the 
     season-ending United States upland cotton stocks-to-use 
     ratio, excluding projected raw cotton imports but including 
     the quantity of raw cotton that has been imported into the 
     United States during the marketing year.
       ``(E) Limitation.--The quantity of cotton entered into the 
     United States during any marketing year described in 
     subparagraph (A) under the special import quota established 
     under this paragraph may not exceed the equivalent of 5 
     weeks' consumption of upland cotton by domestic mills at the 
     seasonally adjusted average rate of the 3 months immediately 
     preceding the first special import quota established in any 
     marketing year.''.
       (c) Removal of Suspension of Marketing Certificate 
     Authority.--Section 171(b)(1)(G) of the Agricultural Market 
     Transition Act (7 U.S.C. 7301(b)(1)(G)) is amended by 
     inserting before the period at the end the following: ``, 
     except that this subparagraph shall not apply to each of the 
     1999-2000 and 2000-2001 marketing years for upland cotton''.
       (d) Redemption of Marketing Certificates.--Section 115 of 
     the Agricultural Act of 1949 (7 U.S.C. 1445k) is amended--
       (1) in subsection (a)--
       (A) by striking ``rice (other than negotiable marketing 
     certificates for upland cotton or rice)'' and inserting 
     ``rice, including the issuance of negotiable marketing 
     certificates for upland cotton or rice'';
       (B) in paragraph (1), by striking ``and'' at the end;
       (C) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(3) redeem negotiable marketing certificates for cash 
     under such terms and conditions as are established by the 
     Secretary.''; and
       (2) in the second sentence of subsection (c), by striking 
     ``export enhancement program or the marketing promotion 
     program established under the Agricultural Trade Act of 
     1978'' and inserting ``market access program or the export 
     enhancement program established under sections 203 and 301 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5623, 5651)''.

     SEC. __12. EMERGENCY CONSERVATION PROGRAM.

       For an additional amount to carry out the emergency 
     conservation program authorized under sections 401, 402, and 
     404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201, 
     2202, 2204) to provide cost-sharing assistance to eligible 
     persons--
       (1) to control weeds and establish cover crops in counties 
     in which at least 20 percent of available cropland is 
     prevented from being planted to an agricultural commodity as 
     the result of damaging weather or related condition; and
       (2) to reestablish permanent vegetative cover on acreage on 
     which such cover is absent as the result of prolonged 
     flooding;

     as determined by the Secretary, there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $30,000,000.

     SEC. __13. EMERGENCY REQUIREMENT.

       (a) In General.--The entire amount necessary to carry out 
     this title and the amendments made by this title shall be 
     available only to the extent that an official budget request 
     for the entire amount, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900 et seq.) is transmitted by the 
     President to Congress.
       (b) Designation.--The entire amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)).

     SEC. __14. AVAILABILITY.

       The amount necessary to carry out this title and the 
     amendments made by this title shall be available for fiscal 
     years 1999 and 2000.

                          ____________________