[Congressional Record (Bound Edition), Volume 145 (1999), Part 4]
[Senate]
[Pages 5058-5060]
[From the U.S. Government Publishing Office, www.gpo.gov]




     EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999

  The Senate continued with the consideration of the bill.


                Amendments Nos. 121 Through 123, En Bloc

  Mr. STEVENS. Mr. President, I send to the desk an amendment for 
Senator Sessions that deals with the Crop Loss Assistance Program. 
Senator Sessions' amendment is offered as one of Senator Cochran's 
relevant amendments in the agricultural area.
  I also send to the desk an amendment on behalf of Senator Coverdell 
making funds available for a scholarship fund in Honduras. Senator 
Coverdell's amendment is offered as one of my relevant amendments on 
the list.
  Finally, I send to the desk an amendment for Senator Daschle dealing 
with 801 housing at Ellsworth Air Force Base.
  I ask unanimous consent that these amendments be considered en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The bill clerk read as follows:

       The Senator from Alaska [Mr. Stevens] proposes amendments 
     numbered 121 through 123.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           amendment no. 121

         (Purpose: To improve the crop loss assistance program)

       On page 7, between lines 8 and 9, insert the following:

                    GENERAL PROVISION, THIS CHAPTER

       Sec.   . Crop Loss Assistance.--(a) In General.--Section 
     1102 of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 1999 
     (section 101(a) of division A of Public Law 105-277), is 
     amended--
       (1) in subsection (a), by inserting ``(not later than June 
     15, 1999)'' after ``made available''; and
       (2) in subsection (g)(1), by inserting ``or private crop 
     insurance (including a rain and hail policy)'' before the 
     period at the end.
       (b) Designation as Emergency Requirement.--Such sums as are 
     necessary to carry out the amendments made by subsection (a): 
     Provided, That such amount shall be available only to the 
     extent an official budget request, that includes designation 
     of the entire amount of the request as an emergency 
     requirement for the purposes of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, is transmitted by the 
     President to Congress: Provided further, That the entire 
     amount is designated by Congress as an emergency requirement 
     under section 251(b)(2)(A) of such Act.

  Mr. SESSIONS. Mr. President, I rise to speak regarding my amendment 
to improve the crop loss assistance program. I would like to begin by 
expressing my appreciation to Chairman Stevens, Senator Cochran, 
Senator Lugar, and Senator Kohl for their assistance in gaining an 
agreement on this amendment.
  I believe this amendment will help provide much needed assistance to 
our Nation's farmers. In the fiscal year 1999 omnibus appropriations 
bill we provided emergency funds to the United States Department of 
Agriculture (USDA) to aid farmers who have suffered losses due to 
natural disasters in recent years. I believe the regulations that were 
promulgated by the USDA were inadequate to address the needs of many of 
our farmers.
  Under the multi-year disaster assistance provisions contained in the 
fiscal year 1999 omnibus appropriations bill, farmers who experienced 
losses in three of the last five crop years (1994-1998) or 1998 alone 
were eligible for 25 percent of indemnities paid. Farmers would be paid 
the higher of the multi-year or single year loss but would not quality 
under both.
  Many farmers in parts of Alabama experienced losses in two out of 
five years, or experienced devastating losses in years other than 1998 
and so were ineligible for the disaster assistance. In addition, many 
producers experienced losses but did not meet the eligibility 
requirement since they may have had up to 35-percent losses but no 
insurance indemnity was paid that crop year.
  Farmers may have also experienced a loss with a private crop policy 
such as rain and hail but did not have enough of a loss to trigger the 
indemnity. This amendment would require that USDA count indemnity 
losses by private policies such as rain and hail that were paid during 
the crop years 1994-1998 to be counted as a loss, under the three out 
of five year crop loss requirement.
  In determining eligibility for the multi-year provisions, the Risk 
Management Agency, RMA, simply generated a list of producers by 
taxpayer ID and if their production records showed a loss for either 
1998 or three out of the five preceding crop years, RMA determined they 
were eligible.

[[Page 5059]]

However, since these private crop policies are not offered under the 
Multi-Peril Crop Insurance program, MPCI, and purely a private contract 
between the insured producer and insurance company, RMA did not count 
these losses as qualifying under the multi-year provisions.
  This amendment will simply provide equity for producers who might 
have experienced losses under their private policies such as rain and 
hail, but did not experience losses under the catastrophic or ``buyup'' 
policies. I believe this amendment will provide essential flexibility 
in the program so that farmers who have endured severe conditions in 
recent years can qualify for the assistance we provided in the omnibus 
bill last year.
  I ask unanimous consent that a letter from me to Secretary Glickman 
be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                  U.S. Senate,

                                Washington, DC, February 25, 1999.
     Mr. Dan Glickman,
     Secretary, Department of Agriculture,
     Washington, DC.
       Dear Secretary Glickman: I am writing regarding some 
     concerns I have about the Crop Loss Disaster Assistance 
     Program that was authorized by the Supplemental 
     Appropriations for Fiscal Year 1999.
       I am concerned about the regulations that have been 
     formulated by the USDA with regards to this program. Congress 
     provided these funds to aid farmers that have faced extreme 
     conditions during the past few years. Having been contacted 
     by several of my constituents, it has come to my attention 
     that the program is not adequate in addressing many farmers 
     needs. Although numerous farmers suffered significant losses 
     in 1998, many still will not qualify for assistance under the 
     provisions specifically designed to address 1998 losses due 
     to disasters. Furthermore, the provisions relating to multi-
     year losses precludes many farmers from receiving the 
     assistance they so desperately need, even when they had two 
     devastating years. While I understand that these types of 
     programs must have limits, I request that you investigate 
     this disparity to determine if a possible solution is 
     available.
       I am also concerned about the disproportionate impact that 
     the program will have on different geographic areas. While I 
     am aware that different areas face distinct weather problems, 
     I have some concerns that certain areas of the U.S. are going 
     to receive a much larger portion of the assistance funds than 
     other areas. I believe this could be due to the way the 
     regulations were formulated. Again, I request that you 
     investigate this inequity to determine if we are implementing 
     the best system possible.
       Thank you for your time and attention to this matter. I 
     know we share the common goal of aiding the American farmer 
     in the fairest and most equitable way possible. I would 
     appreciate your contacting me or my office with any findings. 
     If you have any questions or require more information, please 
     feel free to contact John Little, my legislative counsel for 
     this issue.
           Very truly yours,
                                                    Jeff Sessions,
                                            United States Senator.


                           amendment no. 122

 (Purpose: To make available funds for a scholarship fund for Zamorano 
                  Agricultural University in Honduras)

       On page 8, line 21, by inserting after ``Honduras:'' the 
     following: ``Provided further, That, of the amount 
     appropriated under this heading, up to $10,000,000 may be 
     made available to establish and support a scholarship fund 
     for qualified low-to-middle income students to attend 
     Zamorano Agricultural University in Honduras:''.

  Mr. COVERDELL. Mr. President, I commend my colleague from Alaska for 
his leadership on this very important supplemental appropriations bill. 
It goes without saying that these funds are much needed both in our 
country and in the countries of Central America and the Caribbean 
affected by Hurricane Mitch. The funds will go to some of the neediest 
people in this hemisphere and will address immediate and long-term 
needs. I have traveled the region personally in the wake of this 
disaster, and I know that these resources are imperative to its 
economic viability and recent strong advances in freedom and democracy.
  In considering this large assistance measure, however; we should 
recognize that there are problems in some of the recipient countries. 
In particular, we have heard of many difficulties with American 
companies trying to do business in the region. Currently, there are a 
group of Senators, led by the chairman of the Foreign Relations 
Committee, who are concerned about an airport project in Honduras and 
the government's apparent refusal to pay the American company 
performing the work. In the Dominican Republic, I have consistently 
been informed of problems the American energy sector is having in 
trying to do business in that country. While U.S. State Department 
personnel have been responsive and have tried to be helpful in 
providing consular assistance, a group of American energy companies 
still are having problems getting paid on time--or at all--under the 
terms of their established contracts. This is worrisome. It obviously 
hurts domestic confidence in investing in this region--or in these 
countries particularly.
  I would appreciate it if the chairman would review the material I 
will provide him on these situations and consider developing report 
language to accompany this legislation which would address this 
recurring problem. In the language, I would like to encourage these 
countries to honor their contracts to the best of their abilities and 
to abide by the rule of law. If we are going to provide this infusion 
of resources, we need to assure that our companies operating in the 
region are treated fairly. It is certainly best for both us and the 
countries in which we invest. I thank the chairman for his leadership 
on this measure.


                           amendment no. 123

  (Purpose: To provide for the use at Ellsworth Air Force Base, South 
 Dakota, of the amount received by the United States in settlement of 
claims with respect to a family housing project at Ellsworth Air Force 
 Base, and to increase the amount of rescission of the ``Operation and 
   Maintenance, Defense-Wide'' account of the Department of Defense)

       On page 39, line 20, strike ``$209,700,000'' and insert 
     ``$217,700,000''.
       On page 58, between lines 15 and 16, insert the following:

                         TITLE V--MISCELLANEOUS

       Sec. 5001. (a) Availability of Settlement Amount.--
     Notwithstanding any other provision of law, the amount 
     received by the United States in settlement of the claims 
     described in subsection (b) shall be available as specified 
     in subsection (c).
       (b) Covered Claims.--The claims referred to in this 
     subsection are the claims of the United States against Hunt 
     Building Corporation and Ellsworth Housing Limited 
     Partnership relating to the design and construction of an 
     828-unit family housing project at Ellsworth Air Force Base, 
     South Dakota.
       (c) Specified Uses.--
       (1) In general.--Subject to paragraph (2), the amount 
     referred to in subsection (a) shall be available as follows:
       (A) Of the portion of such amount received in fiscal year 
     1999--
       (i) an amount equal to 3 percent of such portion shall be 
     credited to the Department of Justice Working Capital Fund 
     for the civil debt collection litigation activities of the 
     Department with respect to the claims referred to in 
     subsection (b), as provided for in section 108 of Public Law 
     103-121 (107 Stat. 1164; 28 U.S.C. 527 note); and
       (ii) of the balance of such portion--

       (I) an amount equal to \7/8\ of such balance shall be 
     available to the Secretary of Transportation for purposes of 
     construction of an access road on Interstate Route 90 at Box 
     Elder, South Dakota (item 1741 of the table contained in 
     section 1602 of the Transportation Equity Act for the 21st 
     Century (Public Law 105-178; 112 Stat. 320)); and
       (II) an amount equal to \1/8\ of such balance shall be 
     available to the Secretary of the Air Force for purposes of 
     real property and facility maintenance projects at Ellsworth 
     Air Force Base.

       (B) Of the portion of such amount received in fiscal year 
     2000--
       (i) an amount equal to 3 percent of such portion shall be 
     credited to the Department of Justice Working Capital Fund in 
     accordance with subparagraph (A)(i); and
       (ii) an amount equal to the balance of such portion shall 
     be available to the Secretary of Transportation for purposes 
     of construction of the access road described in subparagraph 
     (A)(ii)(I).
       (C) Of any portion of such amount received in a fiscal year 
     after fiscal year 2000--
       (i) an amount equal to 3 percent of such portion shall be 
     credited to the Department of Justice Working Capital Fund in 
     accordance with subparagraph (A)(i); and
       (ii) an amount equal to the balance of such portion shall 
     be available to the Secretary of the Air Force for purposes 
     of real property and facility maintenance projects at 
     Ellsworth Air Force Base.
       (2) Limitation on availability of funds for access road.--
       (A) Limitation.--The amounts referred to in subparagraphs 
     (A)(ii)(I) and (B)(ii) of paragraph (1) shall be available as 
     specified in

[[Page 5060]]

     such subparagraphs only if, not later than September 30, 
     2000, the South Dakota Department of Transportation enters 
     into an agreement with the Federal Highway Administration 
     providing for the construction of an interchange on 
     Interstate Route 90 at Box Elder, South Dakota.
       (B) Alternative availability of funds.--If the agreement 
     described in subparagraph (A) is not entered into by the date 
     referred to in that subparagraph, the amounts described in 
     that subparagraph shall be available to the Secretary of the 
     Air Force as of that date for purposes of real property and 
     facility maintenance projects at Ellsworth Air Force Base.
       (3) Availability of amounts.--
       (A) Access road.--Amounts available under this section for 
     construction of the access road described in paragraph 
     (1)(A)(ii)(I) are in addition to amounts available for the 
     construction of that access road under any other provision of 
     law.
       (B) Property and facility maintenance projects.--
     Notwithstanding any other provision of law, amounts available 
     under this section for property and facility maintenance 
     projects at Ellsworth Air Force Base shall remain available 
     for expenditure without fiscal year limitation.

  Mr. STEVENS. Mr. President, I ask that the amendments be adopted.
  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to.
  The amendments (Nos. 121 through 123) were agreed to.
  Mr. STEVENS. I move to reconsider the vote by which the amendments 
were agreed to, and I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, I ask unanimous consent to strike the 
following amendments which are on the list of proposed amendments: 
Senator Hatch's amendment on ethical standards; Senator DeWine's 
amendment on counterdrug funding; Senator Enzi's amendment, which is 
the first livestock assistance amendment; Senator Feinstein's WIC 
increase amendment; Senator Harkin's tobacco and two relevant 
amendments, leaving Senator Harkin with one relevant amendment; and 
Senator Burns' sheep improvement program.
  I further ask unanimous consent that an additional slot be added to 
the list entitled ``managers' amendment'' for use by the managers--
Senator Byrd and myself--for a final package of cleared amendments when 
we get to the end of the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________