[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[Senate]
[Pages 15465-15483]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2001

                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 3917

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself, Mr. Gregg, and Mr. Schumer) submitted an 
amendment intended to be proposed by them to the bill (H.R. 4461) 
making appropriations for Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies programs for the fiscal year ending 
September 30, 2001, and for other purposes; as follows:

       On page 75, between lines 16 and 17, insert the following:
       Sec. 7__. Sugar Program.--None of the funds appropriated or 
     otherwise made available by this Act may be used to pay the 
     salaries and expenses of personnel of the Department of 
     Agriculture to carry out section 156 of the Agricultural 
     Market Transition Act (7 U.S.C. 7272).
                                 ______
                                 

                CAMPBELL (AND OTHERS) AMENDMENT NO. 3918

  (Ordered to lie on the table.)
  Mr. CAMPBELL (for himself, Mr. Dorgan, and Mr. Conrad) submitted an 
amendment intended to be proposed by them to the bill, H.R. 4461, 
supra, as follows:
       On page 50, line 22, before the period, insert the 
     following: ``Provided further, That, of the funds made 
     available under this heading, (1) $7,300,000 shall be used to 
     purchase bison for the Food Distribution Program on Indian 
     Reservations established under section 4(b) of the Food Stamp 
     Act of 1977 (7 U.S.C. 2013(b)) and to provide a mechanism for 
     the purchases from Native American producers and cooperative 
     organizations, and (2) $1,700,000 shall be used for the 
     construction and installation of refrigeration facilities''.
                                 ______
                                 

                  WELLSTONE AMENDMENTS NOS. 3919-3924

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted six amendments intended to be proposed by him 
to the bill, H.R. 4461, supra; as follows:

                           Amendment No. 3919

       On page 48, strike lines 12 through 16 and insert the 
     following:
     ``(7 U.S.C. 612c): Provided, That, of the funds made 
     available under this heading, $1,500,000 shall be transferred 
     to and merged with the appropriation for ``Food and Nutrition 
     Service, Food Program Administration'' for studies and 
     evaluations: Provided further, That not more than $500,000 of 
     the amount transferred under the preceding proviso shall be 
     available to conduct, not later than 180 days after the date 
     of enactment of this Act, a study, based on all available 
     administrative data and onsite inspections conducted by the 
     Secretary of Agriculture of local food stamp offices in each 
     State, of (1) any problems that households with eligible 
     children have experienced in obtaining food stamps, and (2) 
     reasons for the decline in participation in the food stamp 
     program, and to report the results of the study to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate: Provided further, That of the funds made available 
     under this heading, up to $6,000,000 shall be for''.
                                  ____


                           Amendment No. 3920

       On page 75, between lines 16 and 17, insert the following:

     SEC. 7__. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

       (a) Payment Rates.--
       (1) In general.--Section 13(b)(1)(B) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1761(b)(1)(B)) 
     is amended--
       (A) in clause (i), by striking ``$1.97'' and inserting 
     ``$2.41'';
       (B) in clause (ii), by striking ``$1.13'' and inserting 
     ``$1.34''; and
       (C) in clause (iii), by striking ``46 cents'' and inserting 
     ``63 cents''.
       (2) Adjustments.--Section 13(b)(1)(C) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1761(b)(1)(C)) 
     is amended by striking ``1997'' and inserting ``2001''.
       (b) Startup and Expansion Costs.--Section 13 of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1761) is 
     amended by inserting after subsection (h) the following:
       ``(i) Startup and Expansion Costs.--
       ``(1) Definitions.--In this subsection:
       ``(A) Service institution.--The term `service institution' 
     means an institution or organization described in paragraph 
     (1)(B) or (7) of subsection (a).
       ``(B) Summer food service program for children.--The term 
     `summer food service program for children' means a program 
     authorized by this section.
       ``(2) Funding.--
       ``(A) In general.--Out of any moneys in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     provide to the Secretary for fiscal year 2001 and each fiscal 
     year thereafter $1,500,000 to make payments under this 
     subsection.
       ``(B) Entitlement.--The Secretary shall be entitled to 
     receive the funds and shall accept the funds.
       ``(3) Use.--The Secretary shall use the funds to make 
     payments on a competitive basis and in the following order of 
     priority (subject to other provisions of this subsection), to 
     State educational agencies in a substantial number of States 
     for distribution to service institutions to assist the 
     service institutions with nonrecurring expenses incurred in--
       ``(A) initiating a summer food service program for 
     children; or
       ``(B) expanding a summer food service program for children.
       ``(4) Additional funding.--Payments received under this 
     subsection shall be in addition to payments to which State 
     agencies are entitled under other provisions of this section 
     and section 4(b) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1773(b)).
       ``(5) Eligibility.--To be eligible to receive a payment 
     under this subsection, a State educational agency shall 
     submit to the Secretary a plan to initiate or expand summer 
     food service programs for children conducted

[[Page 15466]]

     in the State, including a description of the manner in which 
     the agency will provide technical assistance and funding to 
     service institutions in the State to initiate or expand the 
     programs.
       ``(6) Payments.--In making payments under this subsection 
     for any fiscal year to initiate or expand summer food service 
     programs for children, the Secretary shall provide a 
     preference to States--
       ``(A)(i) in which the numbers of children participating in 
     the summer food service program for children represent the 
     lowest percentages of the number of children receiving free 
     or reduced price meals under the school lunch program 
     established under this Act; or
       ``(ii) that do not have a summer food service program for 
     children available to a large number of low-income children 
     in the State; and
       ``(B) that submit to the Secretary a plan to expand the 
     summer food service programs for children conducted in the 
     State, including a description of--
       ``(i) the manner in which the State will provide technical 
     assistance and funding to service institutions in the State 
     to expand the programs; and
       ``(ii) significant public or private resources that have 
     been assembled to carry out the expansion of the programs 
     during the year.
       ``(7) Unused amounts.--The Secretary shall act in a timely 
     manner to recover and reallocate to other States any amounts 
     provided to a State educational agency or State under this 
     subsection that are not used by the agency or State within a 
     reasonable period (as determined by the Secretary) to carry 
     out this subsection.
       ``(8) Application.--The Secretary shall allow a State to 
     apply on an annual basis for assistance under this 
     subsection.
       ``(9) Priority.--In allocating funds within a State under 
     this subsection, each State agency and State shall give 
     preference for assistance under this subsection to service 
     institutions that demonstrate the greatest need for a summer 
     food service program for children.
       ``(10) No reduction of expenditures.--Expenditures of funds 
     from State and local sources for the maintenance of the 
     summer food service program for children shall not be 
     diminished as a result of payments received under this 
     subsection.''.
                                  ____


                           Amendment No. 3921

       On page 75, between lines 16 and 17, insert the following:
       Sec. 7__. Analyses Involving Net Farm Incomes.--None of the 
     funds appropriated by this Act shall be used to conduct 
     analyses involving net farm incomes that do not--
       (1) segregate the classifications of non-family farm 
     entities (as defined by the Secretary of Agriculture); and
       (2) separately categorize family farms with gross sales of 
     $1,000,000 or more.
                                  ____


                           Amendment No. 3922

       On page 9, line 6, strike ``$67,038,000'' and insert 
     ``$63,088,000, of which not less than $12,195,000 shall be 
     used for food assistance program studies and evaluations''.

       On page 23, line 21, strike ``$27,269,000: Provided,'' and 
     insert ``$31,219,000: Provided, That not less than $3,950,000 
     shall be used for investigations of anticompetitive behavior, 
     rapid response teams, the Hog Contract Library, examination 
     of the competitive structure of the poultry industry, civil 
     rights activities, and information staff: Provided 
     further,''.
                                  ____


                           Amendment No. 3923

       On page 47, strike ``$27,000,000'' on line 5 and all that 
     follows through ``areas,'' on line 8 and insert 
     ``$32,000,000, to remain available until expended, to be 
     available for loans and grants for telemedicine and distance 
     learning services in rural areas, of which $5,000,000 shall 
     be derived by transfer of a proportionate amount from each 
     other account for which this Act makes funds available for 
     travel, supplies, and printing expenses, for which transfers 
     the Director of the Office of Management and Budget, not 
     later than 30 days after the date of enactment of this Act, 
     shall submit to the Committee on Appropriations of the House 
     of Representatives and the Committee on Appropriations of the 
     Senate a listing, by account, of the amount of the transfer 
     made from each such account, of which not more than 
     $5,000,000 may be used to make grants to rural entities to 
     promote employment of rural residents through teleworking, 
     including to provide employment-related services, such as 
     outreach to employers, training, and job placement, and to 
     pay expenses relating to providing high-speed communications 
     services, and''.
                                  ____


                           Amendment No. 3924

       On page 36, line 9, strike ``$749,284,000'' and insert 
     ``$754,284,000''.

       On page 36, strike lines 15 through 17 and insert the 
     following:
     ``$66,699,000 shall be for the rural business and cooperative 
     development programs described in section 381E(d)(3) of that 
     Act (7 U.S.C. 2009d(d)(3)) (of which $13,000,000 shall be for 
     rural business opportunity grants under section 306(a)(11)(A) 
     of that Act (7 U.S.C. 1926(a)(11)(A))): Provided, That of the 
     amounts made available under this heading, $5,000,000 shall 
     be derived by transfer of a proportionate amount from each 
     other account for which this Act makes funds available for 
     travel, supplies, and printing expenses, for which transfers 
     the Director of the Office of Management and Budget, not 
     later than 30 days after the date of enactment of this Act, 
     shall submit to the Committee on Appropriations of the House 
     of Representatives and the Committee on Appropriations of the 
     Senate a listing, by account, of the amount of the transfer 
     made from each such account: Provided further, That of the 
     total''.
                                 ______
                                 

                JEFFORDS (AND OTHERS) AMENDMENT NO. 3925

  Mr. JEFFORDS (for himself, Mr. Wellstone, Mr. Dorgan, Ms. Snowe, Mr. 
Gorton, Mr. Johnson, Mr. Levin, Mr. Bryan, Mr. Gregg, and Mr. Feingold) 
proposed an amendment to the bill, H.R. 4461, supra; as follows:

       At the end of title VII, add the following:

     SEC. __. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.

       (a) Short Title.--This section may be cited as the 
     ``Medicine Equity and Drug Safety Act of 2000''.
       (b) Findings.--Congress makes the following findings:
       (1) The cost of prescription drugs for Americans continues 
     to rise at an alarming rate.
       (2) Millions of Americans, including medicare beneficiaries 
     on fixed incomes, face a daily choice between purchasing 
     life-sustaining prescription drugs, or paying for other 
     necessities, such as food and housing.
       (3) Many life-saving prescription drugs are available in 
     countries other than the United States at substantially lower 
     prices, even though such drugs were developed and are 
     approved for use by patients in the United States.
       (4) Many Americans travel to other countries to purchase 
     prescription drugs because the medicines that they need are 
     unaffordable in the United States.
       (5) Americans should be able to purchase medicines at 
     prices that are comparable to prices for such medicines in 
     other countries, but efforts to enable such purchases should 
     not endanger the gold standard for safety and effectiveness 
     that has been established and maintained in the United 
     States.
       (c) Amendment.--Chapter VIII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 381 et seq.) is amended--
       (1) in section 801(d)(1), by inserting ``and section 804'' 
     after ``paragraph (2)''; and
       (2) by adding at the end the following:

     ``SEC. 804. IMPORTATION OF COVERED PRODUCTS.

       ``(a) Regulations.--
       ``(1) In general.--Notwithstanding sections 301(d), 301(t), 
     and 801(a), the Secretary, after consultation with the United 
     States Trade Representative and the Commissioner of Customs, 
     shall promulgate regulations permitting importation into the 
     United States of covered products.
       ``(2) Limitation.--Regulations promulgated under paragraph 
     (1) shall--
       ``(A) require that safeguards are in place that provide a 
     reasonable assurance to the Secretary that each covered 
     product that is imported is safe and effective for its 
     intended use;
       ``(B) require that the pharmacist or wholesaler importing a 
     covered product complies with the provisions of subsection 
     (b); and
       ``(C) contain such additional safeguards as the Secretary 
     may specify in order to ensure the protection of the public 
     health of patients in the United States.
       ``(3) Records.--Regulations promulgated under paragraph (1) 
     shall require that records regarding such importation 
     described in subsection (b) be provided to and maintained by 
     the Secretary for a period of time determined to be necessary 
     by the Secretary.
       ``(b) Importation.--
       ``(1) In general.--The Secretary shall promulgate 
     regulations permitting a pharmacist or wholesaler to import 
     into the United States a covered product.
       ``(2) Regulations.--Regulations promulgated under paragraph 
     (1) shall require such pharmacist or wholesaler to provide 
     information and records to the Secretary, including--
       ``(A) the name and amount of the active ingredient of the 
     product and description of the dosage form;
       ``(B) the date that such product is shipped and the 
     quantity of such product that is shipped, points of origin 
     and destination for such product, the price paid for such 
     product, and the resale price for such product;
       ``(C) documentation from the foreign seller specifying the 
     original source of the product and the amount of each lot of 
     the product originally received;
       ``(D) the manufacturer's lot or control number of the 
     product imported;
       ``(E) the name, address, and telephone number of the 
     importer, including the professional license number of the 
     importer, if the importer is a pharmacist or pharmaceutical 
     wholesaler;
       ``(F) for a product that is--
       ``(i) coming from the first foreign recipient of the 
     product who received such product from the manufacturer--

[[Page 15467]]

       ``(I) documentation demonstrating that such product came 
     from such recipient and was received by such recipient from 
     such manufacturer;
       ``(II) documentation of the amount of each lot of the 
     product received by such recipient to demonstrate that the 
     amount being imported into the United States is not more than 
     the amount that was received by such recipient;
       ``(III) documentation that each lot of the initial imported 
     shipment was statistically sampled and tested for 
     authenticity and degradation by the importer or manufacturer 
     of such product;
       ``(IV) documentation demonstrating that a statistically 
     valid sample of all subsequent shipments from such recipient 
     was tested at an appropriate United States laboratory for 
     authenticity and degradation by the importer or manufacturer 
     of such product; and
       ``(V) certification from the importer or manufacturer of 
     such product that the product is approved for marketing in 
     the United States and meets all labeling requirements under 
     this Act; and

       ``(ii) not coming from the first foreign recipient of the 
     product, documentation that each lot in all shipments offered 
     for importation into the United States was statistically 
     sampled and tested for authenticity and degradation by the 
     importer or manufacturer of such product, and meets all 
     labeling requirements under this Act;
       ``(G) laboratory records, including complete data derived 
     from all tests necessary to assure that the product is in 
     compliance with established specifications and standards; and
       ``(H) any other information that the Secretary determines 
     is necessary to ensure the protection of the public health of 
     patients in the United States.
       ``(c) Testing.--Testing referred to in subparagraphs (F) 
     and (G) of subsection (b)(2) shall be done by the pharmacist 
     or wholesaler importing such product, or the manufacturer of 
     the product. If such tests are conducted by the pharmacist or 
     wholesaler, information needed to authenticate the product 
     being tested and confirm that the labeling of such product 
     complies with labeling requirements under this Act shall be 
     supplied by the manufacturer of such product to the 
     pharmacist or wholesaler, and as a condition of maintaining 
     approval by the Food and Drug Administration of the product, 
     such information shall be kept in strict confidence and used 
     only for purposes of testing under this Act.
       ``(d) Study and Report.--
       ``(1) Study.--The Secretary shall conduct, or contract with 
     an entity to conduct, a study on the imports permitted under 
     this section, taking into consideration the information 
     received under subsections (a) and (b). In conducting such 
     study, the Secretary or entity shall--
       ``(A) evaluate importers' compliance with regulations, and 
     the number of shipments, if any, permitted under this section 
     that have been determined to be counterfeit, misbranded, or 
     adulterated; and
       ``(B) consult with the United States Trade Representative 
     and United States Patent and Trademark Office to evaluate the 
     effect of importations permitted under this Act on trade and 
     patent rights under Federal law.
       ``(2) Report.--Not later than 5 years after the effective 
     date of final regulations issued pursuant to this section, 
     the Secretary shall prepare and submit to Congress a report 
     containing the study described in paragraph (1).
       ``(e) Construction.--Nothing in this section shall be 
     construed to limit the statutory, regulatory, or enforcement 
     authority of the Secretary relating to importation of covered 
     products, other than the importation described in subsections 
     (a) and (b).
       ``(f) Definitions.--In this section:
       ``(1) Covered product.--The term `covered product' means a 
     prescription drug under section 503(b)(1) that meets the 
     applicable requirements of section 505, and is approved by 
     the Food and Drug Administration and manufactured in a 
     facility identified in the approved application and is not 
     adulterated under section 501 or misbranded under section 
     502.
       ``(2) Pharmacist.--The term `pharmacist' means a person 
     licensed by a State to practice pharmacy in the United 
     States, including the dispensing and selling of prescription 
     drugs.
       ``(3) Wholesaler.--The term `wholesaler' means a person 
     licensed as a wholesaler or distributor of prescription drugs 
     in the United States.''.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 3926

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill, H.R. 4461, supra, as follows:

       On page 161, between lines 14 and 15, insert the following 
     new title:

            TITLE __--BEEF INDUSTRY COMPENSATION TRUST FUND

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Trade Injury Compensation 
     Act of 2000''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) United States goods and services compete in global 
     markets and it is necessary for trade agreements to promote 
     such competition.
       (2) The current dispute resolution mechanism of the World 
     Trade Organization is designed to resolve disputes in a 
     manner that brings stability and predictability to world 
     trade.
       (3) When foreign countries refuse to comply with a panel or 
     Appellate Body report of the World Trade Organization and 
     violate any of the Uruguay Round Agreements, it has a 
     deleterious effect on the United States economy.
       (4) A WTO member can retaliate against a country that 
     refuses to implement a panel or Appellate Body report by 
     imposing additional duties of up to 100 percent on goods 
     imported from the noncomplying country.
       (5) The World Trade Organization Dispute Settlement Body 
     found in favor of the United States regarding the European 
     Union's ban on United States beef produced with hormones and 
     authorized retaliation subsequent to the European Union's 
     failure to implement that decision.
       (6) The United States beef industry has suffered by the 
     European Union's continued noncompliance with the World Trade 
     Organization ruling and should be remedied through the 
     establishment of a Beef Industry Compensation Trust Fund 
     until compliance is achieved.
       (7) In cases where additional duties are imposed such as 
     the United States beef and the European Union dispute, the 
     additional duties should be used to provide relief to the 
     United States beef industry that has been insured by 
     noncompliance.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Uruguay round agreements.-- The term ``Uruguay Round 
     Agreements'' has the meaning given such term in section 2(7) 
     of the Uruguay Round Agreements Act (19 U.S.C. 3501(7).
       (2) World trade organization.--The term ``World Trade 
     Organization'' means the organization established pursuant to 
     the WTO Agreement.
       (3) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing The World Trade Organization entered 
     into on April 15, 1994.
       (4) WTO and wto member.--The terms ``WTO'' and ``WTO 
     member'' have the meanings given those terms in section 2 of 
     the Uruguay Round Agreements Act (19 U.S.C. 3501).
       (5) Injured producer.--The term ``injured producer'' means 
     a domestic producer of a product (including an agricultural 
     product) with respect to which a dispute resolution 
     proceeding has been brought before the World Trade 
     Organization, if the dispute resolution is resolved in favor 
     of the producer, and the foreign country against which the 
     proceeding has been brought has failed to comply with the 
     report of the panel or Appellate Body of the WTO.
       (6) Beef retaliation list.--The term ``beef retaliation 
     list'' means the list of products of European Union countries 
     with respect to which the United States Trade Representative 
     is imposing duties above the level that would otherwise be 
     imposed under the Harmonized Tariff Schedule of the United 
     States as a result of the European Union's ban on the 
     importation of United States beef produced with hormones .

     SEC. __04. BEEF INDUSTRY COMPENSATION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Beef Industry 
     Compensation Trust Fund'' (referred to in this title as the 
     ``Fund'') consisting of such amounts as may be appropriated 
     or credited to the Fund under subsection (b) and any interest 
     earned on investment of amounts in the Fund under subsection 
     (c)(2).
       (b) Transfer of Amounts Equivalent to Certain Duties.--
       (1) In general.--There are hereby appropriated and 
     transferred to the Fund an amount equal to the amount 
     received in the Treasury as a result of the imposition of 
     additional duties imposed on the products on a United States 
     beef retaliation list.
       (2) Transfers based on estimates.--The amounts required to 
     be transferred under paragraph (1) shall be transferred at 
     least quarterly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury. Proper adjustment shall be made in amounts 
     subsequently transferred to the extent prior estimates were 
     in excess of or less than the amounts required to be 
     transferred.
       (c) Investment of Fund.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the Secretary's 
     judgment, required to meet current withdrawals. Such 
     investments may be made only in interest-bearing obligations 
     of the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (2) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Distributions From Fund.--Amounts in the Fund shall be 
     available as provided in appropriations Acts, for making 
     distributions in accordance with subsections (e) and (f).

[[Page 15468]]

       (e) Availability of Amounts From Fund.--From amounts 
     available in the Fund (including any amounts not obligated in 
     previous fiscal years), the Secretary of Agriculture is 
     authorized to provide grants to a nationally recognized beef 
     promotion and research board established for the education 
     and market promotion of the United States beef industry for 
     the following purposes:
       (1) To provide assistance to United States beef producers 
     to improve the quality of beef produced in the United States.
       (2) To provide assistance to United States beef producers 
     in market development, consumer education, and promotion of 
     the beef industry in overseas markets.
       (f) Termination of Fund.--
       (1) In general.--The Secretary of the Treasury shall cease 
     the transfer of amounts equivalent to the duties on the beef 
     retaliation list when the European Union complies with the 
     World Trade Organization ruling allowing United States beef 
     producers access to the European market and additional duties 
     are no longer imposed on products listed on the beef 
     retaliation list.
       (2) Distribution of unused funds.--The Secretary of 
     Agriculture shall distribute any unused funds in a manner 
     that benefits the domestic beef industry.
       (g) Report to Congress.--The Secretary of the Treasury 
     shall, after consultation with the Secretaries of 
     Agriculture, Commerce, and Labor, report to the Congress each 
     year on the financial condition and the results of the 
     operations of the Fund during the preceding fiscal year and 
     on its expected condition and operations during the next 
     fiscal year.

     SEC. __05. PROHIBITION ON REDUCING SERVICES OR FUNDS.

       No payment made to an injured producer under this title 
     shall result in the reduction or denial of any service or 
     assistance with respect to which the injured producer would 
     otherwise be entitled.
                                 ______
                                 

                 COCHRAN (AND KOHL) AMENDMENT NO. 3927

  Mr. COCHRAN (for himself and Mr. Kohl) proposed an amendment to 
amendment No. 3925 proposed by Mr. Jeffords to the bill, H.R. 4461, 
supra; as follows:

       At the end of the amendment insert the following:
       ``(g) This section shall become effective only if the 
     Secretary of the Department of Health and Human Services 
     certifies to the Congress that the implementation of this 
     section will: (1) pose no risk to the public's health and 
     safety; and (2) result in a significant reduction in the cost 
     of covered products to the American consumer.''
                                 ______
                                 

                REED (AND LIEBERMAN) AMENDMENT NO. 3928

  (Ordered to lie on the table.)
  Mr. REED (for himself and Mr. Lieberman) submitted an amendment 
intended to be proposed by them to the bill, H.R. 4461, supra; as 
follows:

       On page 117, line 12, before the period, insert the 
     following: ``, of which not less than $100,000 shall be 
     available for the Connecticut and Rhode Island Sea Grant 
     Programs for conducting a cooperative study of lobster shell 
     disease in Long Island Sound, Rhode Island Sound, and 
     Narragansett Bay''.
                                 ______
                                 

                     REED AMENDMENTS NOS. 3929-3931

  (Ordered to lie on the table.)
  Mr. REED submitted three amendments intended to be proposed by him to 
the bill, H.R. 4461, supra; as follows:

                           Amendment No. 3929

       On page 34, line 23, before the period at the end, insert 
     the following: ``: Provided further, That of the funds 
     available for emergency watershed protection activities, 
     $1,200,000 shall be available for the Natural Resources 
     Conservation Service, in cooperation with the town of North 
     Kingstown, Rhode Island, to develop alternative ground water 
     sources to alleviate severe streamflow depletion in the Hunt 
     River watershed, Rhode Island''.
                                  ____


                           Amendment No. 3930

       On page 33, line 13, before the period at the end, insert 
     the following: ``: Provided further, That of the funds made 
     available for watershed surveys and planning activities, 
     $500,000 shall be available for a study to be conducted by 
     the Natural Resources Conservation Service in cooperation 
     with the town of Johnston, Rhode Island, on floodplain 
     management for the Pocasset River, Rhode Island''.
                                  ____


                           Amendment No. 3931

       On page 33, line 13, before the period at the end, insert 
     the following: ``: Provided further, That of the funds made 
     available for watershed surveys and planning activities, 
     $500,000 shall be available for a study to be conducted by 
     the Natural Resources Conservation Service in cooperation 
     with the town of Johnston, Rhode Island, on floodplain 
     management for the Pocasset River, Rhode Island''.

                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 3932

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, H.R. 4461, supra; as follows:

       On page 15, line 3, after the semicolon insert the 
     following: ``and for Michigan State University to study the 
     economic impact of an extension of the Andean Trade 
     Preference Act on Peruvian asparagus imports, $50,000;''.
                                 ______
                                 

                ABRAHAM (AND SCHUMER) AMENDMENT NO. 3933

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Schumer) submitted an amendment 
intended to be proposed by them to amendment No. 3457 previously 
submitted by Mr. Levin to the companion measure, S. 2536, to the bill, 
H.R. 4461, supra; as follows:

       On page 2, lines 16 through 23, strike all after ``(b)'' 
     and insert,
       ``Quality Loss Payments for Apples and Potatoes.--In 
     addition to the assistance provided under subsection (a), the 
     Secretary shall use $60,000,000 of funds of the Commodity 
     Credit Corporation to make payments to apple producers, and 
     potato producers, that suffered quality losses to the 1999 
     and 2000 crop of potatoes and apples, respectively, due to, 
     or related to, a 1999 or 2000 hurricane, fireblight or other 
     weather related disaster.''
                                 ______
                                 

                   JOHNSON AMENDMENTS NOS. 3934-3936

  (Ordered to lie on the table.)
  Mr. JOHNSON submitted three amendments intended to be proposed by him 
to the bill, H.R. 4461, supra; as follows:

                           Amendment No. 3934

       On page 75, between lines 16 and 17, insert the following:
       Sec. 740. State Agricultural Mediation Programs.--(a) 
     Eligible Person; Mediation Services.--Section 501 of the 
     Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
       (1) in subsection (c), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) Issues covered.--
       ``(A) In general.--To be certified as a qualifying State, 
     the mediation program of the State must provide mediation 
     services to persons described in paragraph (2) that are 
     involved in agricultural loans (regardless of whether the 
     loans are made or guaranteed by the Secretary or made by a 
     third party).
       ``(B) Other issues.--The mediation program of a qualifying 
     State may provide mediation services to persons described in 
     paragraph (2) that are involved in 1 or more of the following 
     issues under the jurisdiction of the Department of 
     Agriculture:
       ``(i) Wetlands determinations.
       ``(ii) Compliance with farm programs, including 
     conservation programs.
       ``(iii) Agricultural credit.
       ``(iv) Rural water loan programs.
       ``(v) Grazing on National Forest System land.
       ``(vi) Pesticides.
       ``(vii) Such other issues as the Secretary considers 
     appropriate.
       ``(2) Persons eligible for mediation.--The persons referred 
     to in paragraph (1) include--
       ``(A) agricultural producers;
       ``(B) creditors of producers (as applicable); and
       ``(C) persons directly affected by actions of the 
     Department of Agriculture.''; and
       (2) by adding at the end the following:
       ``(d) Definition of Mediation Services.--In this section, 
     the term `mediation services', with respect to mediation or a 
     request for mediation, may include all activities related 
     to--
       ``(1) the intake and scheduling of cases;
       ``(2) the provision of background and selected information 
     regarding the mediation process;
       ``(3) financial advisory and counseling services (as 
     appropriate) performed by a person other than a State 
     mediation program mediator; and
       ``(4) the mediation session.''.
       (b) Use of Mediation Grants.--Section 502(c) of the 
     Agricultural Credit Act of 1987 (7 U.S.C. 5102(c)) is 
     amended--
       (1) by striking ``Each'' and inserting the following:
       ``(1) In general.--Each''; and
       (2) by adding at the end the following:
       ``(2) Operation and administration expenses.--For purposes 
     of paragraph (1), operation and administration expenses for 
     which a grant may be used include--
       ``(A) salaries;
       ``(B) reasonable fees and costs of mediators;
       ``(C) office rent and expenses, such as utilities and 
     equipment rental;
       ``(D) office supplies;
       ``(E) administrative costs, such as workers' compensation, 
     liability insurance, the employer's share of Social Security, 
     and necessary travel;
       ``(F) education and training;
       ``(G) security systems necessary to ensure the 
     confidentiality of mediation sessions and records of 
     mediation sessions;
       ``(H) costs associated with publicity and promotion of the 
     mediation program;

[[Page 15469]]

       ``(I) preparation of the parties for mediation; and
       ``(J) financial advisory and counseling services for 
     parties requesting mediation.''.
       (c) Authorization of Appropriations.--Section 506 of the 
     Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by 
     striking ``2000'' and inserting ``2005''.
                                  ____


                           Amendment No. 3935

       On page 89, after line 29, add the following:
       Sec. 1111. Prohibition on Packers Owning, Feeding, or 
     Controlling Livestock.--(a) In General.--Section 202 of the 
     Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (2) by inserting after subsection (e) the following:
       ``(f) Own, feed, or control livestock intended for 
     slaughter (for more than 14 days prior to slaughter and 
     acting through the packer or a person that directly or 
     indirectly controls, or is controlled by or under common 
     control with, the packer), except that this subsection shall 
     not apply to--
       ``(1) a cooperative, if a majority of the ownership 
     interest in the cooperative is held by active cooperative 
     members that--
       ``(A) own, feed, or control livestock; and
       ``(B) provide the livestock to the cooperative for 
     slaughter; or
       ``(2) a packer that is owned or controlled by producers of 
     a type of livestock, if during a calendar year the packer 
     slaughters less than 2 percent of the head of that type of 
     livestock slaughtered in the United States; or''; and
       (3) in subsection (h) (as so redesignated), by striking 
     ``or (e)'' and inserting ``(e), or (f)''.
       (b) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by subsection (a) take effect on the date of enactment 
     of this Act.
       (2) Transition rules.--In the case of a packer that on the 
     date of enactment of this Act owns, feeds, or controls 
     livestock intended for slaughter in violation of section 
     202(f) of the Packers and Stockyards Act, 1921 (as amended by 
     subsection (a)), the amendments made by subsection (a) apply 
     to the packer--
       (A) in the case of a packer of swine, beginning on the date 
     that is 18 months after the date of enactment of this Act; 
     and
       (B) in the case of a packer of any other type of livestock, 
     beginning as soon as practicable, but not later than 180 
     days, after the date of enactment of this Act, as determined 
     by the Secretary of Agriculture.
                                  ____


                           Amendment No. 3936

       On page 75, before line 17, insert the following:
       Sec. 740. Use of Funds to Grade Certain Imported 
     Agricultural Products.--The Secretary of Agriculture shall 
     not use any funds made available to the Secretary under this 
     Act, including funds generated from user fees, for the 
     grading of beef, lamb, or mutton (including beef, lamb, and 
     mutton products) imported into the United States.
                                 ______
                                 

                        AKAKA AMENDMENT NO. 3937

  (Ordered to lie on the table.)
  Mr. AKAKA submitted an amendment intended to be proposed by him to 
the bill, H.R. 4461, supra; as follows:

       At the appropriate place add the following:
       Sec.   . Notwithstanding any other provision of law, the 
     Secretary of Agriculture shall make a payment in the amount 
     of $7,200,000 to the State of Hawaii from the Commodity 
     Credit Corporation for assistance to an agricultural 
     transportation cooperative in Hawaii, the members of which 
     are eligible to participate in the Farm Service Agency 
     administered Commodity Loan Program and have suffered 
     extraordinary market losses due to unprecedented low prices. 
     Provided, That the entire amount necessary to carry out this 
     section 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, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 3938

  Mr. REID (for Mr. Harkin) proposed an amendment to the bill, H.R. 
4461, supra; as follows:

       On page 25, line 11, before the period, insert the 
     following: ``: Provided further, That none of the funds made 
     available under this heading may be used by the Secretary of 
     Agriculture to label, mark, stamp, or tag as ``inspected and 
     passed'' meat, meat products, poultry, or poultry products, 
     under the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.) or the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.), that do not meet microbiological performance standards 
     established by the Secretary''.
                                 ______
                                 

                  AMIA JEWISH COMMUNITY CENTER ATTACK

                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 3939-3940

  Mr. BURNS (for Mr. L. Chafee) proposed two amendments to the 
resolution (S. Res. 329) urging the Government of Argentina to pursue 
and punish those responsible for the 1994 attack on the AMIA Jewish 
Community Center in Buenos Aires, Argentina; as follows:

                           Amendment No. 3939

       On page 3, line 7 and 8, strike ``its promise to the 
     Argentine people'' and insert ``other commitments''.
                                  ____


                           Amendment No. 3940

       In the fourth whereas clause, insert ``at that time'' after 
     ``forces''.
       In the seventh whereas clause, insert ``has issued an 
     arrest warrant against a leader of the Islamic Jihad but'' 
     after ``Argentina''.
       After the eighth whereas clause, insert the following:
       Whereas the Government of Argentina was successful in 
     enacting a law on cooperation from defendants in terrorist 
     matters, a law that will be helpful in pursuing full 
     prosecution in this and other terrorist cases;
                                 ______
                                 

      RELATIVE TO THE IRAQ'S VIOLATION OF INTERNATIONAL AGREEMENTS

                                 ______
                                 

            SMITH OF NEW HAMPSHIRE AMENDMENTS NOS. 3941-3943

  Mr. BURNS (for Mr. Smith of New Hampshire) proposed three amendments 
to the concurrent resolution (S. Con. Res. 124) expressing the sense of 
Congress with regard to Iraq's failure to provide the fullest possible 
accounting of the United States Navy Commander Michael Scott Speicher 
and prisoners of war from Kuwait and nine other nations in violation of 
international agreements.
                                  ____


                           Amendment No. 3941

       On page 3, between lines 3 and 4, insert the following:
       (A) demands that the Government of Iraq immediately provide 
     the fullest possible accounting for United States Navy 
     Commander Michael Scott Speicher in compliance with United 
     Nations Security Council Resolution 686 and other 
     international law;
       On page 3, line 4, strike ``(A)'' and insert ``(B)''.
       On page 3, line 8, strike ``(B)'' and insert ``(C)''.
       On page 4, line 3, strike ``(C)'' and insert ``(D)''.
       On page 4, line 8, strike ``(D)'' and insert ``(E)''.
       On page 4, between lines 14 and 15, insert the following:
       (A) actively seek the fullest possible accounting for 
     United States Navy Commander Michael Scott Speicher;
       On page 4, line 15, strike ``(A)'' and insert ``(B)''.
       On page 4, line 22, strike ``(B)'' and insert ``(C)''.

     
                                  ____
                           Amendment No. 3942

       Insert immediately after the title the following:
       Whereas the Government of Iraq has not provided the fullest 
     possible accounting for United States Navy Commander Michael 
     Scott Speicher, who was shot down over Iraq on January 16, 
     1991, during Operation Desert Storm;''.
                                  ____


                           Amendment No. 3943

       Amend the title to read as follows: ``Expressing the sense 
     of Congress with regard to Iraq's failure to provide the 
     fullest possible accounting of United States Navy Commander 
     Michael Scott Speicher and prisoners of war from Kuwait and 
     nine other nations in violation of international 
     agreements.''.
                                 ______
                                 

 SMALL BUSINESS INNOVATION RESEARCH PROGRAM REAUTHORIZATION ACT OF 1999

                                 ______
                                 

                  BOND (AND KERRY) AMENDMENT NO. 3944

  Mr. BURNS (for Mr. Bond (for himself and Mr. Kerry)) proposed an 
amendment to the bill (H.R. 2392) to amend the Small Business Act to 
extend the authorization for the Small Business Innovation Research 
Program, and for other purposes; as follows:


[[Page 15470]]

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Small 
     Business Innovation Research Program Reauthorization Act of 
     2000''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Extension of SBIR program.
Sec. 4. Annual report.
Sec. 5. Third phase assistance.
Sec. 6. Policy directive modifications.
Sec. 7. Report on programs for annual performance plan.
Sec. 8. Output and outcome data.
Sec. 9. National Research Council report.
Sec. 10. Federal agency expenditures for the SBIR program.
Sec. 11. Federal and State Technology Partnership Program.
Sec. 12. Mentoring Networks.
Sec. 13. Simplified reporting requirements.
Sec. 14. Rural outreach program extension.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the small business innovation research program 
     established under the Small Business Innovation Development 
     Act of 1982, and reauthorized by the Small Business Research 
     and Development Enhancement Act of 1992 (in this Act referred 
     to as the ``SBIR program'') is highly successful in involving 
     small businesses in federally funded research and 
     development;
       (2) the SBIR program made the cost-effective and unique 
     research and development capabilities possessed by the small 
     businesses of this Nation available to Federal agencies and 
     departments;
       (3) the innovative goods and services developed by small 
     businesses that participated in the SBIR program have 
     produced innovations of critical importance in a wide variety 
     of high-technology fields, including biology, medicine, 
     education, and defense;
       (4) the SBIR program is a catalyst in the promotion of 
     research and development, the commercialization of innovative 
     technology, the development of new products and services, and 
     the continued excellence of this Nation's high-technology 
     industries; and
       (5) the continuation of the SBIR program will provide 
     expanded opportunities for one of the Nation's vital 
     resources, its small businesses, will foster invention, 
     research, and technology, will create jobs, and will increase 
     this Nation's competitiveness in international markets.

     SEC. 3. EXTENSION OF SBIR PROGRAM.

       Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) 
     is amended to read as follows:
       ``(m) Termination.--The authorization to carry out the 
     Small Business Innovation Research Program established under 
     this section shall terminate on September 30, 2008.''.

     SEC. 4. ANNUAL REPORT.

       Section 9(b)(7) of the Small Business Act (15 U.S.C. 
     638(b)(7)) is amended by striking ``and the Committee on 
     Small Business of the House of Representatives'' and 
     inserting ``, and to the Committee on Science and the 
     Committee on Small Business of the House of 
     Representatives,''.

     SEC. 5. THIRD PHASE ASSISTANCE.

       Section 9(e)(4)(C)(i) of the Small Business Act (15 U.S.C. 
     638(e)(4)(C)(i)) is amended by striking ``; and'' and 
     inserting ``; or''.

     SEC. 6. POLICY DIRECTIVE MODIFICATIONS.

       Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) 
     is amended by adding at the end the following:
       ``(3) Additional modifications.--Not later than 120 days 
     after the date of enactment of the Small Business Innovation 
     Research Program Reauthorization Act of 2000, the 
     Administrator shall modify the policy directives issued 
     pursuant to this subsection--
       ``(A) to clarify that the rights provided for under 
     paragraph (2)(A) apply to all Federal funding awards under 
     this section, including the first phase (as described in 
     subsection (e)(4)(A)), the second phase (as described in 
     subsection (e)(4)(B)), and the third phase (as described in 
     subsection (e)(4)(C));
       ``(B) to provide for the requirement of a succinct 
     commercialization plan with each application for a second 
     phase award that is moving toward commercialization;
       ``(C) to require agencies to report to the Administration, 
     not less frequently than annually, all instances in which an 
     agency pursued research, development, or production of a 
     technology developed by a small business concern using an 
     award made under the SBIR program of that agency, and 
     determined that it was not practicable to enter into a 
     follow-on non-SBIR program funding agreement with the small 
     business concern, which report shall include, at a minimum--
       ``(i) the reasons why the follow-on funding agreement with 
     the small business concern was not practicable;
       ``(ii) the identity of the entity with which the agency 
     contracted to perform the research, development, or 
     production; and
       ``(iii) a description of the type of funding agreement 
     under which the research, development, or production was 
     obtained; and
       ``(D) to implement subsection (v), including establishing 
     standardized procedures for the provision of information 
     pursuant to subsection (k)(3).''.

     SEC. 7. REPORT ON PROGRAMS FOR ANNUAL PERFORMANCE PLAN.

       Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 
     is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraph:
       ``(9) include, as part of its annual performance plan as 
     required by subsections (a) and (b) of section 1115 of title 
     31, United States Code, a section on its SBIR program, and 
     shall submit such section to the Committee on Small Business 
     of the Senate, and the Committee on Science and the Committee 
     on Small Business of the House of Representatives; and''.

     SEC. 8. OUTPUT AND OUTCOME DATA.

       (a) Collection.--Section 9(g) of the Small Business Act (15 
     U.S.C. 638(g)), as amended by section 7 of this Act, is 
     amended by adding at the end the following new paragraph:
       ``(10) collect, and maintain in a common format in 
     accordance with subsection (v), such information from 
     awardees as is necessary to assess the SBIR program, 
     including information necessary to maintain the database 
     described in subsection (k).''.
       (b) Report to Congress.--Section 9(b)(7) of the Small 
     Business Act (15 U.S.C. 638(b)(7)), as amended by section 4 
     of this Act, is amended by inserting before the period at the 
     end ``, including the data on output and outcomes collected 
     pursuant to subsections (g)(10) and (o)(9), and a description 
     of the extent to which Federal agencies are providing in a 
     timely manner information needed to maintain the database 
     described in subsection (k)''.
       (c) Database.--Section 9(k) of the Small Business Act (15 
     U.S.C. 638(k)) is amended to read as follows:
       ``(k) Database.--
       ``(1) Public database.--Not later than 180 days after the 
     date of enactment of the Small Business Innovation Research 
     Program Reauthorization Act of 2000, the Administrator shall 
     develop, maintain, and make available to the public a 
     searchable, up-to-date, electronic database that includes--
       ``(A) the name, size, location, and an identifying number 
     assigned by the Administrator, of each small business concern 
     that has received a first phase or second phase SBIR award 
     from a Federal agency;
       ``(B) a description of each first phase or second phase 
     SBIR award received by that small business concern, 
     including--
       ``(i) an abstract of the project funded by the award, 
     excluding any proprietary information so identified by the 
     small business concern;
       ``(ii) the Federal agency making the award; and
       ``(iii) the date and amount of the award;
       ``(C) an identification of any business concern or 
     subsidiary established for the commercial application of a 
     product or service for which an SBIR award is made; and
       ``(D) information regarding mentors and Mentoring Networks, 
     as required by section 35(d).
       ``(2) Government database.--Not later than 180 days after 
     the date of enactment of the Small Business Innovation 
     Research Program Reauthorization Act of 2000, the 
     Administrator, in consultation with Federal agencies required 
     to have an SBIR program pursuant to subsection (f)(1), shall 
     develop and maintain a database to be used solely for SBIR 
     program evaluation that--
       ``(A) contains for each second phase award made by a 
     Federal agency--
       ``(i) information collected in accordance with paragraph 
     (3) on revenue from the sale of new products or services 
     resulting from the research conducted under the award;
       ``(ii) information collected in accordance with paragraph 
     (3) on additional investment from any source, other than 
     first phase or second phase SBIR or STTR awards, to further 
     the research and development conducted under the award; and
       ``(iii) any other information received in connection with 
     the award that the Administrator, in conjunction with the 
     SBIR program managers of Federal agencies, considers relevant 
     and appropriate;
       ``(B) includes any narrative information that a small 
     business concern receiving a second phase award voluntarily 
     submits to further describe the outputs and outcomes of its 
     awards;
       ``(C) includes for each applicant for a first phase or 
     second phase award that does not receive such an award--
       ``(i) the name, size, and location, and an identifying 
     number assigned by the Administration;
       ``(ii) an abstract of the project; and
       ``(iii) the Federal agency to which the application was 
     made;
       ``(D) includes any other data collected by or available to 
     any Federal agency that such agency considers may be useful 
     for SBIR program evaluation; and
       ``(E) is available for use solely for program evaluation 
     purposes by the Federal Government or, in accordance with 
     policy directives issued by the Administration, by other 
     authorized persons who are subject to a use and nondisclosure 
     agreement with the Federal Government covering the use of the 
     database.
       ``(3) Updating information for database.--

[[Page 15471]]

       ``(A) In general.--A small business concern applying for a 
     second phase award under this section shall be required to 
     update information in the database established under this 
     subsection for any prior second phase award received by that 
     small business concern. In complying with this paragraph, a 
     small business concern may apportion sales or additional 
     investment information relating to more than one second phase 
     award among those awards, if it notes the apportionment for 
     each award.
       ``(B) Annual updates upon termination.--A small business 
     concern receiving a second phase award under this section 
     shall--
       ``(i) update information in the database concerning that 
     award at the termination of the award period; and
       ``(ii) be requested to voluntarily update such information 
     annually thereafter for a period of 5 years.
       ``(4) Protection of information.--Information provided 
     under paragraph (2) shall be considered privileged and 
     confidential and not subject to disclosure pursuant to 
     section 552 of title 5, United States Code.
       ``(5) Rule of construction.--Inclusion of information in 
     the database under this subsection shall not be considered to 
     be publication for purposes of subsection (a) or (b) of 
     section 102 of title 35, United States Code.''.

     SEC. 9. NATIONAL RESEARCH COUNCIL REPORTS.

       (a) Study and Recommendations.--The head of each agency 
     with a budget of more than $50,000,000 for its SBIR program 
     for fiscal year 1999, in consultation with the Small Business 
     Administration, shall, not later than 6 months after the date 
     of enactment of this Act, cooperatively enter into an 
     agreement with the National Academy of Sciences for the 
     National Research Council to--
       (1) conduct a comprehensive study of how the SBIR program 
     has stimulated technological innovation and used small 
     businesses to meet Federal research and development needs, 
     including--
       (A) a review of the value to the Federal research agencies 
     of the research projects being conducted under the SBIR 
     program, and of the quality of research being conducted by 
     small businesses participating under the program, including a 
     comparison of the value of projects conducted under the SBIR 
     program to those funded by other Federal research and 
     development expenditures;
       (B) to the extent practicable, an evaluation of the 
     economic benefits achieved by the SBIR program, including the 
     economic rate of return, and a comparison of the economic 
     benefits, including the economic rate of return, achieved by 
     the SBIR program with the economic benefits, including the 
     economic rate of return, of other Federal research and 
     development expenditures;
       (C) an evaluation of the noneconomic benefits achieved by 
     the SBIR program over the life of the program;
       (D) a comparison of the allocation for fiscal year 2000 of 
     Federal research and development funds to small businesses 
     with such allocation for fiscal year 1983, and an analysis of 
     the factors that have contributed to such allocation; and
       (E) an analysis of whether Federal agencies, in fulfilling 
     their procurement needs, are making sufficient effort to use 
     small businesses that have completed a second phase award 
     under the SBIR program; and
       (2) make recommendations with respect to--
       (A) measures of outcomes for strategic plans submitted 
     under section 306 of title 5, United States Code, and 
     performance plans submitted under section 1115 of title 31, 
     United States Code, of each Federal agency participating in 
     the SBIR program;
       (B) whether companies who can demonstrate project 
     feasibility, but who have not received a first phase award, 
     should be eligible for second phase awards, and the potential 
     impact of such awards on the competitive selection process of 
     the program;
       (C) whether the Federal Government should be permitted to 
     recoup some or all of its expenses if a controlling interest 
     in a company receiving an SBIR award is sold to a foreign 
     company or to a company that is not a small business concern;
       (D) how to increase the use by the Federal Government in 
     its programs and procurements of technology-oriented small 
     businesses; and
       (E) improvements to the SBIR program, if any are considered 
     appropriate.
       (b) Participation by Small Business.--
       (1) In general.--In a manner consistent with law and with 
     National Research Council study guidelines and procedures, 
     knowledgeable individuals from the small business community 
     with experience in the SBIR program shall be included--
       (A) in any panel established by the National Research 
     Council for the purpose of performing the study conducted 
     under this section; and
       (B) among those who are asked by the National Research 
     Council to peer review the study.
       (2) Consultation.--To ensure that the concerns of small 
     business are appropriately considered under this subsection, 
     the National Research Council shall consult with and consider 
     the views of the Office of Technology and the Office of 
     Advocacy of the Small Business Administration and other 
     interested parties, including entities, organizations, and 
     individuals actively engaged in enhancing or developing the 
     technological capabilities of small business concerns.
       (c) Progress Reports.--The National Research Council shall 
     provide semiannual progress reports on the study conducted 
     under this section to the Committee on Science and the 
     Committee on Small Business of the House of Representatives, 
     and to the Committee on Small Business of the Senate.
       (d) Report.--The National Research Council shall transmit 
     to the heads of agencies entering into an agreement under 
     this section and to the Committee on Science and the 
     Committee on Small Business of the House of Representatives, 
     and to the Committee on Small Business of the Senate--
       (1) not later than 3 years after the date of enactment of 
     this Act, a report including the results of the study 
     conducted under subsection (a)(1) and recommendations made 
     under subsection (a)(2); and
       (2) not later than 6 years after that date of enactment, an 
     update of such report.

     SEC. 10. FEDERAL AGENCY EXPENDITURES FOR THE SBIR PROGRAM.

       Section 9(i) of the Small Business Act (15 U.S.C. 638(i)) 
     is amended--
       (1) by striking ``(i) Each Federal'' and inserting the 
     following:
       ``(i) Annual Reporting.--
       ``(1) In general.--Each Federal''; and
       (2) by adding at the end the following:
       ``(2) Calculation of extramural budget.--
       ``(A) Methodology.--Not later than 4 months after the date 
     of enactment of each appropriations Act for a Federal agency 
     required by this section to have an SBIR program, the Federal 
     agency shall submit to the Administrator a report, which 
     shall include a description of the methodology used for 
     calculating the amount of the extramural budget of that 
     Federal agency.
       ``(B) Administrator's analysis.--The Administrator shall 
     include an analysis of the methodology received from each 
     Federal agency referred to in subparagraph (A) in the report 
     required by subsection (b)(7).''.

     SEC. 11. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       (a) Findings.--Congress finds that--
       (1) programs to foster economic development among small 
     high-technology firms vary widely among the States;
       (2) States that do not aggressively support the development 
     of small high-technology firms, including participation by 
     small business concerns in the SBIR program, are at a 
     competitive disadvantage in establishing a business climate 
     that is conducive to technology development; and
       (3) building stronger national, State, and local support 
     for science and technology research in these disadvantaged 
     States will expand economic opportunities in the United 
     States, create jobs, and increase the competitiveness of the 
     United States in the world market.
       (b) Federal and State Technology Partnership Program.--The 
     Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 34 as section 36; and
       (2) by inserting after section 33 the following new 
     section:

     ``SEC. 34. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       ``(a) Definitions.--In this section and section 35--
       ``(1) the term `applicant' means an entity, organization, 
     or individual that submits a proposal for an award or a 
     cooperative agreement under this section;
       ``(2) the term `business advice and counseling' means 
     providing advice and assistance on matters described in 
     section 35(c)(2)(B) to small business concerns to guide them 
     through the SBIR and STTR program process, from application 
     to award and successful completion of each phase of the 
     program;
       ``(3) the term `FAST program' means the Federal and State 
     Technology Partnership Program established under this 
     section;
       ``(4) the term `mentor' means an individual described in 
     section 35(c)(2);
       ``(5) the term `Mentoring Network' means an association, 
     organization, coalition, or other entity (including an 
     individual) that meets the requirements of section 35(c);
       ``(6) the term `recipient' means a person that receives an 
     award or becomes party to a cooperative agreement under this 
     section;
       ``(7) the term `SBIR program' has the same meaning as in 
     section 9(e)(4);
       ``(8) the term `State' means any of the 50 States of the 
     United States, the District of Columbia, Puerto Rico, the 
     Virgin Islands, Guam, and American Samoa; and
       ``(9) the term `STTR program' has the same meaning as in 
     section 9(e)(6).
       ``(b) Establishment of Program.--The Administrator shall 
     establish a program to be known as the Federal and State 
     Technology Partnership Program, the purpose of which shall be 
     to strengthen the technological competitiveness of small 
     business concerns in the States.
       ``(c) Grants and Cooperative Agreements.--
       ``(1) Joint review.--In carrying out the FAST program under 
     this section, the Administrator and the SBIR program managers 
     at the National Science Foundation and the

[[Page 15472]]

     Department of Defense shall jointly review proposals 
     submitted by applicants and may make awards or enter into 
     cooperative agreements under this section based on the 
     factors for consideration set forth in paragraph (2), in 
     order to enhance or develop in a State--
       ``(A) technology research and development by small business 
     concerns;
       ``(B) technology transfer from university research to 
     technology-based small business concerns;
       ``(C) technology deployment and diffusion benefiting small 
     business concerns;
       ``(D) the technological capabilities of small business 
     concerns through the establishment or operation of consortia 
     comprised of entities, organizations, or individuals, 
     including--
       ``(i) State and local development agencies and entities;
       ``(ii) representatives of technology-based small business 
     concerns;
       ``(iii) industries and emerging companies;
       ``(iv) universities; and
       ``(v) small business development centers; and
       ``(E) outreach, financial support, and technical assistance 
     to technology-based small business concerns participating in 
     or interested in participating in an SBIR program, including 
     initiatives--
       ``(i) to make grants or loans to companies to pay a portion 
     or all of the cost of developing SBIR proposals;
       ``(ii) to establish or operate a Mentoring Network within 
     the FAST program to provide business advice and counseling 
     that will assist small business concerns that have been 
     identified by FAST program participants, program managers of 
     participating SBIR agencies, the Administration, or other 
     entities that are knowledgeable about the SBIR and STTR 
     programs as good candidates for the SBIR and STTR programs, 
     and that would benefit from mentoring, in accordance with 
     section 35;
       ``(iii) to create or participate in a training program for 
     individuals providing SBIR outreach and assistance at the 
     State and local levels; and
       ``(iv) to encourage the commercialization of technology 
     developed through SBIR program funding.
       ``(2) Selection considerations.--In making awards or 
     entering into cooperative agreements under this section, the 
     Administrator and the SBIR program managers referred to in 
     paragraph (1)--
       ``(A) may only consider proposals by applicants that intend 
     to use a portion of the Federal assistance provided under 
     this section to provide outreach, financial support, or 
     technical assistance to technology-based small business 
     concerns participating in or interested in participating in 
     the SBIR program; and
       ``(B) shall consider, at a minimum--
       ``(i) whether the applicant has demonstrated that the 
     assistance to be provided would address unmet needs of small 
     business concerns in the community, and whether it is 
     important to use Federal funding for the proposed activities;
       ``(ii) whether the applicant has demonstrated that a need 
     exists to increase the number or success of small high-
     technology businesses in the State, as measured by the number 
     of first phase and second phase SBIR awards that have 
     historically been received by small business concerns in the 
     State;
       ``(iii) whether the projected costs of the proposed 
     activities are reasonable;
       ``(iv) whether the proposal integrates and coordinates the 
     proposed activities with other State and local programs 
     assisting small high-technology firms in the State; and
       ``(v) the manner in which the applicant will measure the 
     results of the activities to be conducted.
       ``(3) Proposal limit.--Not more than 1 proposal may be 
     submitted for inclusion in the FAST program under this 
     section to provide services in any one State in any 1 fiscal 
     year.
       ``(4) Process.--Proposals and applications for assistance 
     under this section shall be in such form and subject to such 
     procedures as the Administrator shall establish.
       ``(d) Cooperation and Coordination.--In carrying out the 
     FAST program under this section, the Administrator shall 
     cooperate and coordinate with--
       ``(1) Federal agencies required by section 9 to have an 
     SBIR program; and
       ``(2) entities, organizations, and individuals actively 
     engaged in enhancing or developing the technological 
     capabilities of small business concerns, including--
       ``(A) State and local development agencies and entities;
       ``(B) State committees established under the Experimental 
     Program to Stimulate Competitive Research of the National 
     Science Foundation (as established under section 113 of the 
     National Science Foundation Authorization Act of 1988 (42 
     U.S.C. 1862g));
       ``(C) State science and technology councils; and
       ``(D) representatives of technology-based small business 
     concerns.
       ``(e) Administrative Requirements.--
       ``(1) Competitive basis.--Awards and cooperative agreements 
     under this section shall be made or entered into, as 
     applicable, on a competitive basis.
       ``(2) Matching requirements.--
       ``(A) In general.--The non-Federal share of the cost of an 
     activity (other than a planning activity) carried out using 
     an award or under a cooperative agreement under this section 
     shall be--
       ``(i) 50 cents for each Federal dollar, in the case of a 
     recipient that will serve small business concerns located in 
     one of the 18 States receiving the fewest SBIR first phase 
     awards (as described in section 9(e)(4)(A));
       ``(ii) except as provided in subparagraph (B), 1 dollar for 
     each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in one of the 16 States 
     receiving the greatest number of such SBIR first phase 
     awards; and
       ``(iii) except as provided in subparagraph (B), 75 cents 
     for each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in a State that is not 
     described in clause (i) or (ii) that is receiving such SBIR 
     first phase awards.
       ``(B) Low-income areas.--The non-Federal share of the cost 
     of the activity carried out using an award or under a 
     cooperative agreement under this section shall be 50 cents 
     for each Federal dollar that will be directly allocated by a 
     recipient described in subparagraph (A) to serve small 
     business concerns located in a qualified census tract, as 
     that term is defined in section 42(d)(5)(C)(ii) of the 
     Internal Revenue Code of 1986. Federal dollars not so 
     allocated by that recipient shall be subject to the matching 
     requirements of subparagraph (A).
       ``(C) Types of funding.--The non-Federal share of the cost 
     of an activity carried out by a recipient shall be comprised 
     of not less than 50 percent cash and not more than 50 percent 
     of indirect costs and in-kind contributions, except that no 
     such costs or contributions may be derived from funds from 
     any other Federal program.
       ``(D) Rankings.--For purposes of subparagraph (A), the 
     Administrator shall reevaluate the ranking of a State once 
     every 2 fiscal years, beginning with fiscal year 2001, based 
     on the most recent statistics compiled by the Administrator.
       ``(3) Duration.--Awards may be made or cooperative 
     agreements entered into under this section for multiple 
     years, not to exceed 5 years in total.
       ``(f) Reports.--
       ``(1) Initial report.--Not later than 120 days after the 
     date of enactment of the Small Business Innovation Research 
     Program Reauthorization Act of 2000, the Administrator shall 
     prepare and submit to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives a report, 
     which shall include, with respect to the FAST program, 
     including Mentoring Networks--
       ``(A) a description of the structure and procedures of the 
     program;
       ``(B) a management plan for the program; and
       ``(C) a description of the merit-based review process to be 
     used in the program.
       ``(2) Annual reports.--The Administrator shall submit an 
     annual report to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives regarding--
       ``(A) the number and amount of awards provided and 
     cooperative agreements entered into under the FAST program 
     during the preceding year;
       ``(B) a list of recipients under this section, including 
     their location and the activities being performed with the 
     awards made or under the cooperative agreements entered into; 
     and
       ``(C) the Mentoring Networks and the mentoring database, as 
     provided for under section 35, including--
       ``(i) the status of the inclusion of mentoring information 
     in the database required by section 9(k); and
       ``(ii) the status of the implementation and description of 
     the usage of the Mentoring Networks.
       ``(g) Reviews by Inspector General.--
       ``(1) In general.--The Inspector General of the 
     Administration shall conduct a review of--
       ``(A) the extent to which recipients under the FAST program 
     are measuring the performance of the activities being 
     conducted and the results of such measurements; and
       ``(B) the overall management and effectiveness of the FAST 
     program.
       ``(2) Report.--During the first quarter of fiscal year 
     2004, the Inspector General of the Administration shall 
     submit a report to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives on the review 
     conducted under paragraph (1).
       ``(h) Program Levels.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out the FAST program, including Mentoring Networks, 
     under this section and section 35, $10,000,000 for each of 
     fiscal years 2001 through 2005.
       ``(2) Mentoring database.--Of the total amount made 
     available under paragraph (1) for fiscal years 2001 through 
     2005, a reasonable amount, not to exceed a total of $500,000, 
     may be used by the Administration to carry out section 35(d).

[[Page 15473]]

       ``(i) Termination.--The authorization to carry out the FAST 
     program under this section shall terminate on September 30, 
     2005.''.
       (c) Coordination of Technology Development Programs.--
     Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(u) Coordination of Technology Development Programs.--
       ``(1) Definition of technology development program.--In 
     this subsection, the term `technology development program' 
     means--
       ``(A) the Experimental Program to Stimulate Competitive 
     Research of the National Science Foundation, as established 
     under section 113 of the National Science Foundation 
     Authorization Act of 1988 (42 U.S.C. 1862g);
       ``(B) the Defense Experimental Program to Stimulate 
     Competitive Research of the Department of Defense;
       ``(C) the Experimental Program to Stimulate Competitive 
     Research of the Department of Energy;
       ``(D) the Experimental Program to Stimulate Competitive 
     Research of the Environmental Protection Agency;
       ``(E) the Experimental Program to Stimulate Competitive 
     Research of the National Aeronautics and Space 
     Administration;
       ``(F) the Institutional Development Award Program of the 
     National Institutes of Health; and
       ``(G) the National Research Initiative Competitive Grants 
     Program of the Department of Agriculture.
       ``(2) Coordination requirements.--Each Federal agency that 
     is subject to subsection (f) and that has established a 
     technology development program may, in each fiscal year, 
     review for funding under that technology development 
     program--
       ``(A) any proposal to provide outreach and assistance to 1 
     or more small business concerns interested in participating 
     in the SBIR program, including any proposal to make a grant 
     or loan to a company to pay a portion or all of the cost of 
     developing an SBIR proposal, from an entity, organization, or 
     individual located in--
       ``(i) a State that is eligible to participate in that 
     program; or
       ``(ii) a State described in paragraph (3); or
       ``(B) any proposal for the first phase of the SBIR program, 
     if the proposal, though meritorious, is not funded through 
     the SBIR program for that fiscal year due to funding 
     restraints, from a small business concern located in--
       ``(i) a State that is eligible to participate in a 
     technology development program; or
       ``(ii) a State described in paragraph (3).
       ``(3) Additionally eligible state.--A State referred to in 
     subparagraph (A)(ii) or (B)(ii) of paragraph (2) is a State 
     in which the total value of contracts awarded to small 
     business concerns under all SBIR programs is less than the 
     total value of contracts awarded to small business concerns 
     in a majority of other States, as determined by the 
     Administrator in biennial fiscal years, beginning with fiscal 
     year 2000, based on the most recent statistics compiled by 
     the Administrator.''.

     SEC. 12. MENTORING NETWORKS.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended 
     by inserting after section 34, as added by section 11(b)(2) 
     of this Act, the following new section:

     ``SEC. 35. MENTORING NETWORKS.

       ``(a) Findings.--Congress finds that--
       ``(1) the SBIR and STTR programs create jobs, increase 
     capacity for technological innovation, and boost 
     international competitiveness;
       ``(2) increasing the quantity of applications from all 
     States to the SBIR and STTR programs would enhance 
     competition for such awards and the quality of the completed 
     projects; and
       ``(3) mentoring is a natural complement to the FAST program 
     of reaching out to new companies regarding the SBIR and STTR 
     programs as an effective and low-cost way to improve the 
     likelihood that such companies will succeed in such programs 
     in developing and commercializing their research.
       ``(b) Authorization for Mentoring Networks.--The recipient 
     of an award or participant in a cooperative agreement under 
     section 34 may use a reasonable amount of such assistance for 
     the establishment of a Mentoring Network under this section.
       ``(c) Criteria for Mentoring Networks.--A Mentoring Network 
     established using assistance under section 34 shall--
       ``(1) provide business advice and counseling to high 
     technology small business concerns located in the State or 
     region served by the Mentoring Network and identified under 
     section 34(c)(1)(E)(ii) as potential candidates for the SBIR 
     or STTR programs;
       ``(2) identify volunteer mentors who--
       ``(A) are persons associated with a small business concern 
     that has successfully completed one or more SBIR or STTR 
     funding agreements; and
       ``(B) have agreed to guide small business concerns through 
     all stages of the SBIR or STTR program process, including 
     providing assistance relating to--
       ``(i) proposal writing;
       ``(ii) marketing;
       ``(iii) Government accounting;
       ``(iv) Government audits;
       ``(v) project facilities and equipment;
       ``(vi) human resources;
       ``(vii) third phase partners;
       ``(viii) commercialization;
       ``(ix) venture capital networking; and
       ``(x) other matters relevant to the SBIR and STTR programs;
       ``(3) have experience working with small business concerns 
     participating in the SBIR and STTR programs;
       ``(4) contribute information to the national database 
     referred to in subsection (d); and
       ``(5) agree to reimburse volunteer mentors for out-of-
     pocket expenses related to service as a mentor under this 
     section.
       ``(d) Mentoring Database.--The Administrator shall--
       ``(1) include in the database required by section 9(k)(1), 
     in cooperation with the SBIR, STTR, and FAST programs, 
     information on Mentoring Networks and mentors participating 
     under this section, including a description of their areas of 
     expertise;
       ``(2) work cooperatively with Mentoring Networks to 
     maintain and update the database;
       ``(3) take such action as may be necessary to aggressively 
     promote Mentoring Networks under this section; and
       ``(4) fulfill the requirements of this subsection either 
     directly or by contract.''.

     SEC. 13. SIMPLIFIED REPORTING REQUIREMENTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following new subsection:
       ``(v) Simplified Reporting Requirements.--The Administrator 
     shall work with the Federal agencies required by this section 
     to have an SBIR program to standardize reporting requirements 
     for the collection of data from SBIR applicants and awardees, 
     including data for inclusion in the database under subsection 
     (k), taking into consideration the unique needs of each 
     agency, and to the extent possible, permitting the updating 
     of previously reported information by electronic means. Such 
     requirements shall be designed to minimize the burden on 
     small businesses.''.

     SEC. 14. RURAL OUTREACH PROGRAM EXTENSION.

       (a) Extension of Termination Date.--Section 501(b)(2) of 
     the Small Business Reauthorization Act of 1997 (15 U.S.C. 638 
     note; 111 Stat. 2622) is amended by striking ``2001'' and 
     inserting ``2005''.
       (b) Extension of Authorization of Appropriations.--Section 
     9(s)(2) of the Small Business Act (15 U.S.C. 638(s)(2)) is 
     amended by striking ``for fiscal year 1998, 1999, 2000, or 
     2001'' and inserting ``for each of the fiscal years 2000 
     through 2005,''.
                                 ______
                                 

                     TIMBISHA SHOSHONE HOMELAND ACT

                                 ______
                                 

                       INOUYE AMENDMENT NO. 3945

  (Ordered to lie on the table.)
  Mr. INOUYE submitted an amendment intended to be proposed by him to 
the bill (S. 2102) to provide to the Timbisha Shoshone Tribe a 
permanent land base within its aboriginal homeland, and for other 
purposes: as follows:

       On page 22, line 20, strike ``(C)'' and insert ``(C)(i)''.
       On page 23, between lines 2 and 3, insert the following:
       (ii) If the Secretary determines that there is insufficient 
     ground water available on the lands described in clause (i) 
     to satisfy the Tribe's right to ground water to fulfill the 
     purposes associated with the transfer of such lands, then the 
     Tribe and the Secretary shall, within 2 years of such 
     determination, identify approximately 640 acres of land that 
     are administered by the Bureau of Land Management in that 
     portion of Inyo County, California, to the north and east of 
     the China Lake Naval Weapons Center, to be a mutually agreed 
     upon substitute for the lands described in clause (i). If the 
     Secretary determines that sufficient water is available to 
     fulfill the purposes associated with the transfer of the 
     lands described in the preceding sentence, then the Tribe 
     shall request that the Secretary accept such lands into trust 
     for the benefit of the Timbisha Shoshone Tribe, and the 
     Secretary shall accept such lands, together with an amount of 
     water not to exceed 10 acre feet per annum, into trust for 
     the Tribe as a substitute for the lands described in clause 
     (i).
       On page 32, between lines 20 and 21, insert the following:
       (c) Water Monitoring.--The Secretary and the Tribe shall 
     develop mutually agreed upon standards for a water monitoring 
     system to assess the effects of water use at Scotty's 
     Junction and at Death Valley Junction on the tribal trust 
     lands described in subparagraphs (A), (B), and (D) of section 
     5(b)(1), and on the Park. Water monitoring shall be conducted 
     in a manner that is consistent with such standards, which 
     shall be reviewed periodically and revised as necessary.

[[Page 15474]]


                                 ______
                                 

           DISASTER MITIGATION AND COST REDUCTION ACT OF 2000

                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 3946

  Mr. BURNS (for Mr. Smith of New Hampshire) proposed an amendment to 
the bill (H.R. 707) to amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to authorize a program for predisaster 
mitigation, to streamline the administration of disaster relief, to 
control the Federal costs of disaster assistance, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Disaster 
     Mitigation Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.

       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

Sec. 201. Insurance.
Sec. 202. Management costs.
Sec. 203. Assistance to repair, restore, reconstruct, or replace 
              damaged facilities.
Sec. 204. Mitigation planning; hazard resistant construction standards.
Sec. 205. State administration of hazard mitigation grant program.
Sec. 206. Study regarding cost reduction.
Sec. 207. Fire management assistance.
Sec. 208. Public notice, comment, and consultation requirements.
Sec. 209. Community disaster loans.
Sec. 210. Temporary housing assistance.
Sec. 211. Individual and family grant program.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Public safety officer benefits for certain Federal and State 
              employees.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Conforming amendment.

                 TITLE I--PREDISASTER HAZARD MITIGATION

     SEC. 101. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) natural disasters, including earthquakes, tsunamis, 
     tornadoes, hurricanes, flooding, and wildfires, pose great 
     danger to human life and to property throughout the United 
     States;
       (2) greater emphasis needs to be placed on--
       (A) identifying and assessing the risks to States and local 
     communities from natural disasters;
       (B) implementing adequate measures to reduce losses from 
     natural disasters; and
       (C) ensuring that the critical infrastructure and 
     facilities of communities will continue to function after a 
     natural disaster;
       (3) expenditures for postdisaster assistance are increasing 
     without commensurate reductions in the likelihood of future 
     losses from natural disasters;
       (4) in the expenditure of Federal funds under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), high priority should be given to 
     mitigation of hazards to existing and new construction at the 
     local level; and
       (5) with a unified effort of economic incentives, awareness 
     and education, technical assistance, and demonstrated Federal 
     support, States and local communities will be able to--
       (A) form effective community-based partnerships for hazard 
     mitigation purposes;
       (B) implement effective hazard mitigation measures that 
     reduce the potential damage from natural disasters;
       (C) ensure continued functionality of the critical 
     infrastructure of communities;
       (D) leverage additional non-Federal resources in meeting 
     natural disaster resistance goals; and
       (E) make commitments to long-term hazard mitigation efforts 
     to be applied to new and existing construction.
       (b) Purpose.--The purpose of this Act is to establish a 
     national disaster hazard mitigation program--
       (1) to reduce the loss of life and property, human 
     suffering, economic disruption, and disaster assistance costs 
     resulting from natural disasters; and
       (2) to provide a source of predisaster hazard mitigation 
     funding that will assist States and local governments in 
     implementing effective hazard mitigation measures that are 
     designed to ensure the continued functionality of critical 
     infrastructure and facilities after a natural disaster.

     SEC. 102. PREDISASTER HAZARD MITIGATION.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 203. PREDISASTER HAZARD MITIGATION.

       ``(a) In General.--The Director of the Federal Emergency 
     Management Agency (referred to in this section as the 
     `Director') may establish a program to provide technical and 
     financial assistance to States and local governments to 
     assist in the implementation of predisaster hazard mitigation 
     measures designed to reduce injuries, loss of life, and 
     damage and destruction of property, including damage to 
     critical infrastructure and facilities under the jurisdiction 
     of the States or local governments.
       ``(b) Approval by Director.--If the Director determines 
     that a State or local government has identified all natural 
     disaster hazards in areas under its jurisdiction and has 
     demonstrated the ability to form effective public-private 
     natural disaster hazard mitigation partnerships, the 
     Director, using amounts in the National Predisaster 
     Mitigation Fund established under subsection (e) (referred to 
     in this section as the `Fund'), may provide technical and 
     financial assistance to the State or local government to be 
     used in accordance with subsection (c).
       ``(c) Uses of Technical and Financial Assistance.--
     Technical and financial assistance provided under subsection 
     (b)--
       ``(1) shall be used by States and local governments 
     principally to implement predisaster hazard mitigation 
     measures described in proposals approved by the Director 
     under this section; and
       ``(2) may be used--
       ``(A) to support effective public-private natural disaster 
     hazard mitigation partnerships;
       ``(B) to ensure that new development and construction is 
     resistant to natural disasters;
       ``(C) to improve the assessment of a community's 
     vulnerability to natural hazards; or
       ``(D) to establish hazard mitigation priorities, and an 
     appropriate hazard mitigation plan, for a community.
       ``(d) Criteria for Assistance Awards.--In determining 
     whether to provide technical and financial assistance to a 
     State or local government under subsection (a), the Director 
     shall take into account--
       ``(1) the extent and nature of the hazards to be mitigated;
       ``(2) the degree of commitment of the State or local 
     government to reduce damages from future natural disasters;
       ``(3) the degree of commitment by the State or local 
     government to support ongoing non-Federal support for the 
     hazard mitigation measures to be carried out using the 
     technical and financial assistance; and
       ``(4) the extent to which the hazard mitigation measures to 
     be carried out using the technical and financial assistance 
     contribute to the mitigation goals and priorities established 
     by the State as a condition of receipt of the annual 
     emergency management performance grant awarded to the State 
     by the Federal Emergency Management Agency.
       ``(e) National Predisaster Mitigation Fund.--
       ``(1) Establishment.--The Director may establish in the 
     Treasury of the United States a fund to be known as the 
     `National Predisaster Mitigation Fund', to be used in 
     carrying out this section.
       ``(2) Transfers to fund.--There shall be deposited in the 
     Fund--
       ``(A) amounts appropriated to carry out this section, which 
     shall remain available until expended; and
       ``(B) sums available from gifts, bequests, or donations of 
     services or property received by the Director for the purpose 
     of predisaster hazard mitigation.
       ``(3) Expenditures from fund.--Upon request by the 
     Director, the Secretary of the Treasury shall transfer from 
     the Fund to the Director such amounts as the Director 
     determines are necessary to provide technical and financial 
     assistance under this section.
       ``(4) Investment of amounts.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       ``(B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       ``(i) on original issue at the issue price; or
       ``(ii) by purchase of outstanding obligations at the market 
     price.
       ``(C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       ``(E) Transfers of amounts.--
       ``(i) In general.--The amounts required to be transferred 
     to the Fund under this subsection shall be transferred at 
     least monthly from the general fund of the Treasury to the 
     Fund on the basis of estimates made by the Secretary of the 
     Treasury.
       ``(ii) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.

[[Page 15475]]

       ``(f) Maximum Total Federal Share.--Subject to subsection 
     (g), the amount of financial assistance provided from the 
     Fund shall not exceed an amount equal to 75 percent of the 
     total costs of all hazard mitigation proposals approved by 
     the Director under this section.
       ``(g) Limitation on Total Amount of Financial Assistance.--
     The Director shall not provide financial assistance under 
     this section in an amount greater than the amount available 
     in the Fund.
       ``(h) Termination of Authority.--The authority provided by 
     this section terminates December 31, 2003.''.

     SEC. 103. INTERAGENCY TASK FORCE.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as amended 
     by section 102) is amended by adding at the end the 
     following:

     ``SEC. 204. INTERAGENCY TASK FORCE.

       ``(a) In General.--The President shall establish a Federal 
     interagency task force for the purpose of coordinating the 
     implementation of predisaster hazard mitigation programs 
     administered by the Federal Government.
       ``(b) Chairperson.--The Director of the Federal Emergency 
     Management Agency shall serve as the chairperson of the task 
     force.
       ``(c) Membership.--The membership of the task force shall 
     include representatives of State and local government 
     organizations and the American Red Cross.''.

       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

     SEC. 201. INSURANCE.

       (a) In General.--Section 311(a)(2) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5154(a)(2)) is amended--
       (1) by striking ``In'' and inserting the following:
       ``(A) In general.--In''; and
       (2) by adding at the end the following:
       ``(B) Required insurance or self-insurance.--Not later than 
     1 year after the date of enactment of this subparagraph, the 
     President shall promulgate regulations under which States, 
     communities, and other applicants subject to paragraph (1) 
     shall be required to protect property through adequate levels 
     of insurance or self-insurance if--
       ``(i) the appropriate State insurance commissioner makes 
     the certification described in subparagraph (A); and
       ``(ii) the President determines that the property is not 
     adequately protected against natural or other disasters.
       ``(C) Regulations.--In promulgating any new regulation 
     requiring public structures to be insured to be eligible for 
     assistance, the President shall--
       ``(i) include in the regulation--

       ``(I) definitions relating to insurance that are expressed 
     in known and generally accepted terms;
       ``(II) a definition of `adequate insurance';
       ``(III) the specific criteria for a waiver of any insurance 
     eligibility requirement under the regulation;
       ``(IV) a definition of `self-insurance' that is 
     sufficiently flexible to take into consideration alternative 
     risk financing methods;
       ``(V) available market research used in determining the 
     availability of insurance; and
       ``(VI) a cost-benefit analysis; and

       ``(ii) consider--

       ``(I) alternative risk-financing mechanisms, including risk 
     sharing pools and self-insurance; and
       ``(II) the use of independent experts in insurance, 
     disaster preparedness, risk management, and finance to assist 
     in developing the proposed regulation.''.

       (b) Technical Amendments.--Section 311 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5154) is amended in subsections (a)(1), (b), and (c) 
     by striking ``section 803 of the Public Works and Economic 
     Development Act of 1965'' each place it appears and inserting 
     ``sections 201 and 209 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3141, 3149)''.

     SEC. 202. MANAGEMENT COSTS.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 322. MANAGEMENT COSTS.

       ``(a) Definition of Management Cost.--In this section, the 
     term `management cost' includes any indirect cost, 
     administrative expense, and any other expense not directly 
     chargeable to a specific project under a major disaster, 
     emergency, or disaster preparedness or mitigation activity or 
     measure.
       ``(b) Management Cost Rates.--Notwithstanding any other 
     provision of law (including any administrative rule or 
     guidance), the President shall establish management cost 
     rates for grantees and subgrantees that shall be used to 
     determine contributions under this Act for management costs.
       ``(c) Review.--The President shall review the management 
     cost rates established under subsection (b) not later than 3 
     years after the date of establishment of the rates and 
     periodically thereafter.
       ``(d) Regulations.--The President shall promulgate 
     regulations to define appropriate costs to be included in 
     management costs under this section.''.
       (b) Applicability.--Section 322 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (as added by 
     subsection (a)) shall apply as follows:
       (1) In general.--Subsections (a), (b), and (d) of section 
     322 of that Act shall apply to each major disaster declared 
     under that Act on or after the date of enactment of this Act. 
     Until the date on which the President establishes the 
     management cost rates under subsection (b) of that section, 
     section 406(f) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5172(f)) shall be used 
     for establishing the rates.
       (2) Review.--Section 322(c) of that Act shall apply to each 
     major disaster declared under that Act on or after the date 
     on which the President establishes the management cost rates 
     under section 322(b) of that Act.
       (c) Conforming Amendments.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (f).
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date of publication in the Federal 
     Register of the management cost rates established under 
     section 322(b) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (as added by subsection (a)).

     SEC. 203. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR 
                   REPLACE DAMAGED FACILITIES.

       (a) Contributions.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Contributions.--
       ``(1) In general.--
       ``(A) Authority.--The President may make contributions--
       ``(i) to a State or local government for the repair, 
     restoration, reconstruction, or replacement of a public 
     facility that is damaged or destroyed by a major disaster and 
     for associated expenses incurred by the government; and
       ``(ii) subject to paragraph (2), to a person that owns or 
     operates a private nonprofit facility damaged or destroyed by 
     a major disaster for the repair, restoration, reconstruction, 
     or replacement of the facility and for associated expenses 
     incurred by the person.
       ``(B) Associated expenses.--For the purposes of this 
     section, associated expenses shall include--
       ``(i) the costs of mobilizing and employing the National 
     Guard for performance of eligible work;
       ``(ii) the costs of using prison labor to perform eligible 
     work, including wages actually paid, transportation to a 
     worksite, and extraordinary costs of guards, food, and 
     lodging;
       ``(iii) base and overtime wages for employees and extra 
     hires performing eligible work plus fringe benefits on such 
     wages to the extent that such benefits were being paid before 
     the major disaster; and
       ``(iv) other expenses determined appropriated by the 
     President.
       ``(2) Conditions for assistance for private nonprofit 
     facilities.--The President may make contributions for a 
     private nonprofit facility under paragraph (1)(B) only if--
       ``(A) the facility provides critical infrastructure in the 
     event of a major disaster;
       ``(B) the person that owns or operates the facility--
       ``(i) has applied for a disaster loan under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)); and
       ``(ii) has been determined to be ineligible for such a 
     loan; or
       ``(C) the person that owns or operates the facility has 
     obtained such a loan in the maximum amount for which the 
     Small Business Administration determines the facility is 
     eligible.
       ``(3) Notification to congress.--Before making any 
     contribution under this section in an amount greater than 
     $20,000,000, the President shall notify--
       ``(A) the Committee on Environment and Public Works of the 
     Senate;
       ``(B) the Committee on Appropriations of the Senate;
       ``(C) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       ``(D) the Committee on Appropriations of the House of 
     Representatives.''.
       (b) Federal Share.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Federal Share.--
       ``(1) Minimum federal share.--Except as provided in 
     paragraph (2), the Federal share of assistance under this 
     section shall be not less than 75 percent of the eligible 
     cost of repair, restoration, reconstruction, or replacement 
     carried out under this section.
       ``(2) Reduced federal share.--The President shall 
     promulgate regulations to reduce the Federal share of 
     assistance under this section in the case of the repair, 
     restoration, reconstruction, or replacement of any eligible 
     public or private nonprofit facility--
       ``(A) that has previously been damaged, on more than 1 
     occasion, by the same type of event; and

[[Page 15476]]

       ``(B) the owner of which has failed to implement 
     appropriate mitigation measures to address the hazard that 
     caused the damage to the facility.''.
       (c) Large In-Lieu Contributions.--Section 406 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Large In-Lieu Contributions.--
       ``(1) For public facilities.--
       ``(A) In general.--In any case in which a State or local 
     government determines that the public welfare would not be 
     best served by repairing, restoring, reconstructing, or 
     replacing any public facility owned or controlled by the 
     State or local government, the State or local government may 
     elect to receive, in lieu of a contribution under subsection 
     (a)(1)(A), a contribution in an amount equal to 75 percent of 
     the Federal share of the cost of repairing, restoring, 
     reconstructing, or replacing the facility and of management 
     costs, as estimated by the President.
       ``(B) Use of funds.--
       ``(i) In general.--Subject to clause (ii), funds made 
     available to a State or local government under this paragraph 
     may be used to repair, restore, or expand other eligible 
     public facilities, to construct new facilities, or to fund 
     hazard mitigation measures, that the State or local 
     government determines to be necessary to meet a need for 
     governmental services and functions in the area affected by 
     the major disaster.
       ``(ii) Limitations.--Funds made available to a State or 
     local government under this paragraph may not be used for--

       ``(I) any public facility located in a regulatory floodway 
     (as defined in section 59.1 of title 44, Code of Federal 
     Regulations (or a successor regulation)); or
       ``(II) any uninsured public facility located in a special 
     flood hazard area identified by the Director of the Federal 
     Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

       ``(2) For private nonprofit facilities.--
       ``(A) In general.--In any case in which a person that owns 
     or operates a private nonprofit facility determines that the 
     public welfare would not be best served by repairing, 
     restoring, reconstructing, or replacing the facility, the 
     person may elect to receive, in lieu of a contribution under 
     subsection (a)(1)(B), a contribution in an amount equal to 75 
     percent of the Federal share of the cost of repairing, 
     restoring, reconstructing, or replacing the facility and of 
     management costs, as estimated by the President.
       ``(B) Use of funds.--
       ``(i) In general.--Subject to clause (ii), funds made 
     available to a person under this paragraph may be used to 
     repair, restore, or expand other eligible private nonprofit 
     facilities owned or operated by the person, to construct new 
     private nonprofit facilities owned or operated by the person, 
     or to fund hazard mitigation measures, that the person 
     determines to be necessary to meet a need for services and 
     functions in the area affected by the major disaster.
       ``(ii) Limitations.--Funds made available to a person under 
     this paragraph may not be used for--

       ``(I) any private nonprofit facility located in a 
     regulatory floodway (as defined in section 59.1 of title 44, 
     Code of Federal Regulations (or a successor regulation)); or
       ``(II) any uninsured private nonprofit facility located in 
     a special flood hazard area identified by the Director of the 
     Federal Emergency Management Agency under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.).''.

       (d) Eligible Cost.--
       (1) In general.--Section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
     is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Eligible Cost.--
       ``(1) Determination.--
       ``(A) In general.--For the purposes of this section, the 
     President shall estimate the eligible cost of repairing, 
     restoring, reconstructing, or replacing a public facility or 
     private nonprofit facility--
       ``(i) on the basis of the design of the facility as the 
     facility existed immediately before the major disaster; and
       ``(ii) in conformity with codes, specifications, and 
     standards (including floodplain management and hazard 
     mitigation criteria required by the President or under the 
     Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) 
     applicable at the time at which the disaster occurred.
       ``(B) Cost estimation procedures.--
       ``(i) In general.--Subject to paragraph (2), the President 
     shall use the cost estimation procedures developed under 
     paragraph (3) to determine the eligible cost under this 
     subsection.
       ``(ii) Applicability.--The procedures specified in this 
     paragraph and paragraph (2) shall apply only to projects the 
     eligible cost of which is equal to or greater than the amount 
     specified in section 422.
       ``(2) Modification of eligible cost.--
       ``(A) Actual cost greater than ceiling percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is greater than the ceiling percentage 
     established under paragraph (3) of the cost estimated under 
     paragraph (1), the President may determine that the eligible 
     cost includes a portion of the actual cost of the repair, 
     restoration, reconstruction, or replacement that exceeds the 
     cost estimated under paragraph (1).
       ``(B) Actual cost less than estimated cost.--
       ``(i) Greater than or equal to floor percentage of 
     estimated cost.--In any case in which the actual cost of 
     repairing, restoring, reconstructing, or replacing a facility 
     under this section is less than 100 percent of the cost 
     estimated under paragraph (1), but is greater than or equal 
     to the floor percentage established under paragraph (3) of 
     the cost estimated under paragraph (1), the State or local 
     government or person receiving funds under this section shall 
     use the excess funds to carry out cost-effective activities 
     that reduce the risk of future damage, hardship, or suffering 
     from a major disaster.
       ``(ii) Less than floor percentage of estimated cost.--In 
     any case in which the actual cost of repairing, restoring, 
     reconstructing, or replacing a facility under this section is 
     less than the floor percentage established under paragraph 
     (3) of the cost estimated under paragraph (1), the State or 
     local government or person receiving assistance under this 
     section shall reimburse the President in the amount of the 
     difference.
       ``(C) No effect on appeals process.--Nothing in this 
     paragraph affects any right of appeal under section 423.
       ``(3) Expert panel.--
       ``(A) Establishment.--Not later than 18 months after the 
     date of enactment of this paragraph, the President, acting 
     through the Director of the Federal Emergency Management 
     Agency, shall establish an expert panel, which shall include 
     representatives from the construction industry and State and 
     local government.
       ``(B) Duties.--The expert panel shall develop 
     recommendations concerning--
       ``(i) procedures for estimating the cost of repairing, 
     restoring, reconstructing, or replacing a facility consistent 
     with industry practices; and
       ``(ii) the ceiling and floor percentages referred to in 
     paragraph (2).
       ``(C) Regulations.--Taking into account the recommendations 
     of the expert panel under subparagraph (B), the President 
     shall promulgate regulations to establish procedures and the 
     ceiling and floor percentages referred to in paragraph (2).
       ``(D) Review by president.--Not later than 2 years after 
     the date of promulgation of regulations under subparagraph 
     (C) and periodically thereafter, the President shall review 
     the cost estimation procedures and the ceiling and floor 
     percentages established under this paragraph.
       ``(E) Report to congress.--Not later than 1 year after the 
     date of promulgation of regulations under subparagraph (C), 2 
     years after that date, and at the end of each 2-year period 
     thereafter, the expert panel shall submit to Congress a 
     report on the appropriateness of the cost estimation 
     procedures.
       ``(4) Special rule.--In any case in which the facility 
     being repaired, restored, reconstructed, or replaced under 
     this section was under construction on the date of the major 
     disaster, the cost of repairing, restoring, reconstructing, 
     or replacing the facility shall include, for the purposes of 
     this section, only those costs that, under the contract for 
     the construction, are the owner's responsibility and not the 
     contractor's responsibility.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of enactment of this Act, 
     except that paragraph (1) of section 406(e) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (as 
     amended by paragraph (1)) shall take effect on the date on 
     which the procedures developed under paragraph (3) of that 
     section take effect.
       (e) Definition of Critical Infrastructure.--Section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122) is amended by adding at the 
     end the following:
       ``(10) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given the term by the 
     President, but includes, at a minimum, the provision of 
     power, water (including water provided by a nongovernment 
     entity), sewer, wastewater treatment, communications, and 
     essential medical care.''.

     SEC. 204. MITIGATION PLANNING; HAZARD RESISTANT CONSTRUCTION 
                   STANDARDS.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) (as amended by section 202(a)) is amended by adding 
     at the end the following:

     ``SEC. 323. MITIGATION PLANNING.

       ``(a) Requirement of Mitigation Plan.--As a condition of 
     receipt of a disaster loan or grant under this Act, a State, 
     local, or tribal government shall develop and submit for 
     approval to the Director of the Federal Emergency Management 
     Agency a mitigation plan that outlines processes for 
     identifying the natural hazards, risks, and vulnerabilities 
     of the area under the jurisdiction of the government.
       ``(b) Local and Tribal Plans.--Each mitigation plan 
     developed by a local or tribal government shall--

[[Page 15477]]

       ``(1) describe actions to mitigate hazards, risks, and 
     vulnerabilities identified under the plan; and
       ``(2) establish a strategy to implement those actions.
       ``(c) State Plans.--The State process of development of a 
     mitigation plan under this section shall--
       ``(1) identify the natural hazards, risks, and 
     vulnerabilities of areas in the State;
       ``(2) support development of local mitigation plans;
       ``(3) provide for technical assistance to local and tribal 
     governments for mitigation planning; and
       ``(4) identify and prioritize mitigation actions that the 
     State will support, as resources become available.
       ``(d) Funding.--
       ``(1) In general.--Federal contributions under section 404 
     may be used to fund the development and updating of 
     mitigation plans under this section.
       ``(2) Maximum federal contribution.--With respect to any 
     mitigation plan, a State, local, or tribal government may use 
     an amount of Federal contributions under section 404 not to 
     exceed 5 percent of the amount of such contributions 
     available to the government as of a date determined by the 
     government.
       ``(e) Increased Federal Share for Hazard Mitigation 
     Measures.--
       ``(1) In general.--If, at the time of the declaration of a 
     major disaster, a State has in effect an approved mitigation 
     plan under this section, the President may increase to 20 
     percent, with respect to the major disaster, the maximum 
     percentage specified in the last sentence of section 404(a).
       ``(2) Factors for consideration.--In determining whether to 
     increase the maximum percentage under paragraph (1), the 
     President shall consider whether the State has established--
       ``(A) eligibility criteria for property acquisition and 
     other types of mitigation measures;
       ``(B) requirements for cost effectiveness that are related 
     to the eligibility criteria;
       ``(C) a system of priorities that is related to the 
     eligibility criteria;
       ``(D) a process by which an assessment of the effectiveness 
     of a mitigation action may be carried out after the 
     mitigation action is complete; and
       ``(E) hazard resistant construction standards, as may be 
     required under section 324.

     ``SEC. 324. HAZARD RESISTANT CONSTRUCTION STANDARDS.

       ``(a) In General.--As a condition of receipt of a disaster 
     loan or grant under this Act--
       ``(1) the recipient shall carry out any repair or 
     construction to be financed with the loan or grant in 
     accordance with applicable standards of safety, decency, and 
     sanitation and in conformity with applicable codes, 
     specifications, and standards; and
       ``(2) the President may require safe land use and 
     construction practices, after adequate consultation with 
     appropriate State and local government officials.
       ``(b) Evidence of Compliance.--A recipient of a disaster 
     loan or grant under this Act shall provide such evidence of 
     compliance with this section as the President may require by 
     regulation.''.
       (b) Conforming Amendments.--
       (1) Section 404(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 
     amended in the second sentence by striking ``section 409'' 
     and inserting ``section 323''.
       (2) Section 409 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

     SEC. 205. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT 
                   PROGRAM.

       Section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) is amended by 
     adding at the end the following:
       ``(c) Program Administration by States.--
       ``(1) In general.--A State desiring to administer the 
     hazard mitigation grant program established by this section 
     with respect to hazard mitigation assistance in the State may 
     submit to the President an application for the delegation of 
     the authority.
       ``(2) Criteria.--The President, in consultation and 
     coordination with States and local governments, shall 
     establish criteria for the approval of applications submitted 
     under paragraph (1). The criteria shall include, at a 
     minimum--
       ``(A) the demonstrated ability of the State to manage the 
     grant program under this section;
       ``(B) having in effect an approved mitigation plan under 
     section 323; and
       ``(C) a demonstrated commitment to mitigation activities.
       ``(3) Approval.--The President shall approve an application 
     submitted under paragraph (1) that meets the criteria 
     established under paragraph (2).
       ``(4) Withdrawal of approval.--If, after approving an 
     application of a State submitted under paragraph (1), the 
     President determines that the State is not administering the 
     hazard mitigation grant program established by this section 
     in a manner satisfactory to the President, the President 
     shall withdraw the approval.
       ``(5) Audits.--The President shall provide for periodic 
     audits of the hazard mitigation grant programs administered 
     by States under this subsection.''.

     SEC. 206. STUDY REGARDING COST REDUCTION.

       (a) Study.--The National Academy of Sciences shall conduct 
     a study to estimate the reduction in Federal disaster 
     assistance that has resulted and is likely to result from the 
     enactment of this Act.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to Congress a report on the results of the study.

     SEC. 207. FIRE MANAGEMENT ASSISTANCE.

       (a) In General.--Section 420 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) 
     is amended to read as follows:

     ``SEC. 420. FIRE MANAGEMENT ASSISTANCE.

       ``(a) In General.--The President is authorized to provide 
     assistance, including grants, equipment, supplies, and 
     personnel, to any State or local government for the 
     mitigation, management, and control of any fire on public or 
     private forest land or grassland with urban interface that 
     threatens such destruction as would constitute a major 
     disaster.
       ``(b) Coordination With State Departments of Forestry.--In 
     providing assistance under this section, the President shall 
     coordinate with State departments of forestry.
       ``(c) Essential Assistance.--In providing assistance under 
     this section, the President may use the authority provided 
     under section 403.
       ``(d) Rules and Regulations.--The President shall prescribe 
     such rules and regulations as are necessary to carry out this 
     section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect 1 year after the date of enactment of this Act.

     SEC. 208. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       Title III of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended 
     by section 204) is amended by adding at the end the 
     following:

     ``SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION 
                   REQUIREMENTS.

       ``(a) Public Notice and Comment Concerning New or Modified 
     Policies.--
       ``(1) In general.--The President shall provide for public 
     notice and opportunity for comment before adopting any new or 
     modified policy that--
       ``(A) governs implementation of the public assistance 
     program administered by the Federal Emergency Management 
     Agency under this Act; and
       ``(B) could result in a significant reduction of assistance 
     under the program.
       ``(2) Application.--Any policy adopted under paragraph (1) 
     shall apply only to a major disaster or emergency declared on 
     or after the date on which the policy is adopted.
       ``(b) Consultation Concerning Interim Policies.--Before 
     adopting any interim policy under the public assistance 
     program to address specific conditions that relate to a major 
     disaster or emergency that has been declared under this Act, 
     the President, to the maximum extent practicable, shall 
     solicit the views and recommendations of grantees and 
     subgrantees with respect to the major disaster or emergency 
     concerning the potential interim policy, if the interim 
     policy is likely--
       ``(1) to result in a significant reduction of assistance to 
     applicants for the assistance with respect to the major 
     disaster or emergency; or
       ``(2) to change the terms of a written agreement to which 
     the Federal Government is a party concerning the declaration 
     of the major disaster or emergency.
       ``(c) Public Access.--The President shall promote public 
     access to policies governing the implementation of the public 
     assistance program.
       ``(d) No Legal Right of Action.--Nothing in this section 
     confers a legal right of action on any party.''.

     SEC. 209. COMMUNITY DISASTER LOANS.

       Section 417 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5184) is amended--
       (1) by striking ``(a) The President'' and inserting the 
     following:
       ``(a) In General.--The President'';
       (2) by striking ``The amount'' and inserting the following:
       ``(b) Amount.--The amount'';
       (3) by striking ``Repayment'' and inserting the following:
       ``(c) Repayment.--
       ``(1) Cancellation.--Repayment'';
       (4) by striking ``(b) Any loans'' and inserting the 
     following:
       ``(d) Effect on Other Assistance.--Any loans'';
       (5) in subsection (b) (as designated by paragraph (2))--
       (A) by striking ``and shall'' and inserting ``shall''; and
       (B) by inserting before the period at the end the 
     following: ``, and shall not exceed $5,000,000''; and
       (6) in subsection (c) (as designated by paragraph (3)), by 
     adding at the end the following:
       ``(2) Condition on continuing eligibility.--A local 
     government shall not be eligible for

[[Page 15478]]

     further assistance under this section during any period in 
     which the local government is in arrears with respect to a 
     required repayment of a loan under this section.''.

     SEC. 210. TEMPORARY HOUSING ASSISTANCE.

       Section 408(c) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
       (1) by striking ``In lieu of'' and inserting the following:
       ``(1) In general.--In lieu of''; and
       (2) by adding at the end the following:
       ``(2) Limitation on assistance.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of assistance provided to a household under this 
     subsection shall not exceed $5,000, as adjusted annually to 
     reflect changes in the Consumer Price Index for All Urban 
     Consumers published by the Department of Labor.
       ``(B) Additional assistance.--The President may provide 
     additional assistance to a household that is unable to secure 
     temporary housing through insurance proceeds or loans or 
     other financial assistance from the Small Business 
     Administration or another Federal agency.''.

     SEC. 211. INDIVIDUAL AND FAMILY GRANT PROGRAM.

       Section 411 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5178) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The President, in consultation and 
     coordination with a State, may make a grant directly, or 
     through the State, to an individual or a family that is 
     adversely affected by a major disaster to assist the 
     individual or family in meeting disaster-related necessary 
     expenses or serious needs of the individual or family, if the 
     individual or family is unable to meet the expenses or needs 
     through--
       ``(1) assistance under other provisions of this Act; or
       ``(2) other means.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Administrative Expenses.--If a State determines that 
     a grant to an individual or a family under this section shall 
     be made through the State, the State shall pay, without 
     reimbursement from any funds made available under this Act, 
     the cost of all administrative expenses associated with the 
     management of the grant by the State.'';
       (3) by striking subsection (e); and
       (4) by redesignating subsection (f) as subsection (e).

                        TITLE III--MISCELLANEOUS

     SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

       The first section of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 note) is amended 
     to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act'.''.

     SEC. 302. DEFINITIONS.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended--
       (1) in each of paragraphs (3) and (4), by striking ``the 
     Northern'' and all that follows through ``Pacific Islands'' 
     and inserting ``and the Commonwealth of the Northern Mariana 
     Islands'';
       (2) by striking paragraph (6) and inserting the following:
       ``(6) Local government.--The term `local government' 
     means--
       ``(A) a county, municipality, city, town, township, local 
     public authority, school district, special district, 
     intrastate district, council of governments (regardless of 
     whether the council of governments is incorporated as a 
     nonprofit corporation under State law), regional or 
     interstate government entity, or agency or instrumentality of 
     a local government;
       ``(B) an Indian tribe or authorized tribal organization, or 
     Alaska Native village or organization; and
       ``(C) a rural community, unincorporated town or village, or 
     other public entity, for which an application for assistance 
     is made by a State or political subdivision of a State.''; 
     and
       (3) in paragraph (9), by inserting ``irrigation,'' after 
     ``utility,''.

     SEC. 303. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL 
                   AND STATE EMPLOYEES.

       (a) In General.--Section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by 
     striking paragraph (7) and inserting the following:
       ``(7) `public safety officer' means--
       ``(A) an individual serving a public agency in an official 
     capacity, with or without compensation, as a law enforcement 
     officer, as a firefighter, or as a member of a rescue squad 
     or ambulance crew;
       ``(B) an employee of the Federal Emergency Management 
     Agency who is performing official duties of the Agency in an 
     area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the Director of the Federal 
     Emergency Management Agency to be hazardous duties; or
       ``(C) an employee of a State or local emergency management 
     or civil defense agency who is performing official duties in 
     cooperation with the Federal Emergency Management Agency in 
     an area, if those official duties--
       ``(i) are related to a major disaster or emergency that has 
     been, or is later, declared to exist with respect to the area 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.); and
       ``(ii) are determined by the head of the agency to be 
     hazardous duties.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies only to employees described in subparagraphs (B) and 
     (C) of section 1204(7) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (as amended by subsection (a)) who are 
     injured or who die in the line of duty on or after the date 
     of enactment of this Act.

     SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.

       Title VII of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

       ``(a) Statute of Limitations.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     administrative action to recover any payment made to a State 
     or local government for disaster or emergency assistance 
     under this Act shall be initiated in any forum after the date 
     that is 3 years after the date of transmission of the final 
     expenditure report for the disaster or emergency.
       ``(2) Fraud exception.--The limitation under paragraph (1) 
     shall apply unless there is evidence of civil or criminal 
     fraud.
       ``(b) Rebuttal of Presumption of Record Maintenance.--
       ``(1) In general.--In any dispute arising under this 
     section after the date that is 3 years after the date of 
     transmission of the final expenditure report for the disaster 
     or emergency, there shall be a presumption that accounting 
     records were maintained that adequately identify the source 
     and application of funds provided for financially assisted 
     activities.
       ``(2) Affirmative evidence.--The presumption described in 
     paragraph (1) may be rebutted only on production of 
     affirmative evidence that the State or local government did 
     not maintain documentation described in that paragraph.
       ``(3) Inability to produce documentation.--The inability of 
     the Federal, State, or local government to produce source 
     documentation supporting expenditure reports later than 3 
     years after the date of the transmission of the final 
     expenditure report shall not constitute evidence to rebut the 
     presumption described in paragraph (1).
       ``(4) Right of access.--The period during which the 
     Federal, State, or local government has the right to access 
     source documentation shall not be limited to the required 3-
     year retention period referred to in paragraph (3), but shall 
     last as long as the records are maintained.
       ``(c) Binding Nature of Grant Requirements.--A State or 
     local government shall not be liable for reimbursement or any 
     other penalty for any payment made under this Act if--
       ``(1) the payment was authorized by an approved agreement 
     specifying the costs;
       ``(2) the costs were reasonable; and
       ``(3) the purpose of the grant was accomplished.''.

     SEC. 305. CONFORMING AMENDMENT.

       Title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended 
     by striking the title heading and inserting the following:

     ``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.

                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3947

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted an amendment intended to be proposed by him 
to the bill, H.R. 4461; supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING PREFERENCE FOR 
                   ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE.

       It is the sense of the Senate that the Secretary of 
     Agriculture, in selecting public agencies and nonprofit 
     organizations to provide transitional housing under section 
     592(c) of subtitle G of title IV of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11408a(c)), should 
     consider preferences for agencies and organizations that 
     provide transitional housing for individuals and families who 
     are homeless as a result of domestic violence.
                                 ______
                                 

                   DASCHLE AMENDMENTS NOS. 3948-3951

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted four amendments intended to be proposed

[[Page 15479]]

by him to the bill, H.R. 4461, supra; as follows:

                           Amendment No. 3948

       On page 89, after line 19, add the following:
       Sec. 1111. Renewable Energy Reserve.--(a) Definitions.--In 
     this section:
       (1) Eligible commodity.--The term ``eligible commodity'' 
     means an agricultural commodity that can be used in the 
     production of renewable energy, including corn, soybeans, and 
     sugar.
       (2) Reserve.--The term ``reserve'' means the renewable 
     energy reserve of eligible commodities established under 
     section 3(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Establishment.--As soon as practicable after the date 
     of enactment of this Act, the Secretary shall establish a 
     renewable energy reserve of eligible commodities, or any 
     combination of eligible commodities, totaling, for each 
     eligible commodity reserved, not more than the quantity of 
     the eligible commodity in metric tons that is used in the 
     United States in 1 year, as determined by the Secretary.
       (c) Replenishment of Reserve.--
       (1) In general.--The Secretary may acquire an eligible 
     commodity of equivalent value to an eligible commodity in the 
     reserve--
       (A) subject to paragraph (2), through purchases--
       (i) from producers; or
       (ii) in the market, if the Secretary determines that the 
     purchases will not unduly disrupt the market; or
       (B) by designation by the Secretary of stocks of the 
     eligible commodity of the Commodity Credit Corporation.
       (2) Condition on purchase.--The Secretary may purchase an 
     eligible commodity for the reserve under paragraph (1)(A) 
     only when the market price of the eligible commodity is less 
     than 100 percent of the economic cost of production of that 
     commodity.
       (d) Release of Eligible Commodities.--The Secretary may 
     sell an eligible commodity from the reserve to a renewable 
     energy producer if the Secretary determines that such a sale 
     is necessary to maintain competitive renewable energy 
     production.
       (e) Storage.--
       (1) In general.--An eligible commodity in the reserve shall 
     be stored on-farm.
       (2) First right of original producer.--The Secretary first 
     shall offer to the original producer of an eligible commodity 
     the opportunity to store the quantity of the eligible 
     commodity.
       (3) Equitable storage system.--If the original producer 
     declines to store an eligible commodity under paragraph (2), 
     the Secretary shall distribute the storage opportunity among 
     other eligible producers, in accordance with an equitable 
     storage system to be developed by the Secretary.
       (4) Rates.--The rate for the storage of an eligible 
     commodity under this subsection shall be at least equal to 
     the local commercial rate for the storage of comparable 
     commodities in effect on the date on which the storage 
     begins.
       (5) Maintenance of quality.--A producer that stores an 
     eligible commodity under this subsection shall maintain the 
     quality of the eligible commodity in accordance with 
     regulations promulgated under subsection (f)(1).
       (f) Regulations.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section, including regulations 
     that--
       (1) specify requirements for maintenance of the quality of 
     eligible commodities stored under subsection (e); and
       (2) ensure, to the maximum extent practicable, that any 
     eligible commodity released from the reserve is--
       (A) used for its intended purpose; and
       (B) not resold into 1 or more other markets.
                                  ____


                           Amendment No. 3949

       On page 75, between lines 16 and 17, insert the following:
       Sec. 740. Good Faith Reliance.--The Food Security Act of 
     1985 is amended by inserting after section 1235A (16 U.S.C. 
     3835a) the following:

     ``SEC. 1235B. GOOD FAITH RELIANCE.

       ``Notwithstanding any other provision of this subchapter, 
     the Secretary may allow land that is enrolled in the 
     conservation reserve under a contract entered into under this 
     subchapter after January 1, 2000, and that is subsequently 
     determined to be ineligible to be enrolled in the 
     conservation reserve, to remain enrolled in, or be reenrolled 
     into, the conservation reserve if, at the time at which the 
     land was originally enrolled in the conservation reserve, the 
     owner or operator of the land relied in good faith on a 
     determination of the Secretary that the land was eligible to 
     be enrolled in the conservation reserve.''.
                                  ____


                           Amendment No. 3950

       On page 75, between lines 16 and 17, insert the following:
       Sec. 740. Good Faith Reliance.--The Food Security Act of 
     1985 is amended by inserting after section 1235A (16 U.S.C. 
     3835a) the following:

     ``SEC. 1235B. GOOD FAITH RELIANCE.

       ``(a) In General.--Except as provided in subsection (d) and 
     notwithstanding any other provision of this subchapter, to 
     the extent the Secretary considers it desirable in order to 
     provide fair and equitable treatment, the Secretary may 
     provide equitable relief to an owner or operator that has 
     entered into a contract under this subchapter, and that is 
     subsequently determined to have violated the contract, if the 
     owner or operator in attempting to comply with the terms of 
     the contact took actions in good faith in reliance on the 
     action or advice of an authorized representative of the 
     Secretary.
       ``(b) Types of Relief.--The Secretary may--
       ``(1) to the extent the Secretary determines that an owner 
     or operator has been injured by good faith reliance described 
     in subsection (a), allow the owner or operator--
       ``(A) to retain payments received under the contract;
       ``(B) to continue to receive payments under the contract;
       ``(C) to keep all or part of the land covered by the 
     contract enrolled in the conservation reserve; or
       ``(D) to reenroll all or part of the land covered by the 
     contract in the conservation reserve; and
       ``(2) require the owner or operator to take such actions as 
     are necessary to remedy any failure to comply with the 
     contract.
       ``(c) Relation to Other Law.--The authority to provide 
     relief under this section shall be in addition to any other 
     authority provided in this or any other Act.
       ``(d) Exception.--This section shall not apply to a pattern 
     of conduct in which an authorized representative of the 
     Secretary takes actions or provides advice with respect to an 
     owner or operator that the representative and the owner or 
     operator know are inconsistent with applicable law (including 
     regulations).''.
                                  ____


                           Amendment No. 3951

       At the end of the bill, add the following:

             TITLE V--FARMERS AND RANCHERS FAIR COMPETITION

     SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

       This title may be cited as the ``Farmers and Ranchers Fair 
     Competition Act of 2000''.

     SEC. 5002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Congressional Joint Economic Committee data suggests 
     that over the last 15 years, agribusiness profits have come 
     almost exclusively out of producer income, rather than from 
     increased retail prices. Given the lack of market power of 
     producers, this data raises the question of whether the trend 
     has been a natural market development or is instead a sign of 
     market failure.
       (2) Most economists agree that in the last 15 years the 
     real market price for a market basket of food has increased 
     by approximately 3 percent, while the farm value of that food 
     has fallen by approximately 38 percent. Over that period, 
     marketing costs have decreased by 15 percent, which should 
     have narrowed rather than widened the gap.
       (3) There is significant concern that increasingly 
     vertically integrated multinational corporations, especially 
     those that own broad biotechnology patents, may be able to 
     exert unreasonable and excessive market power in the future 
     by acquiring companies that own other broad biotechnology 
     patents.
       (4) The National Association of Attorneys General is very 
     concerned with the high degree of economic concentration in 
     the agricultural sector and the great potential for 
     anticompetitive practices and behavior. They estimate the top 
     4 meat packing firms control over 80 percent of steer and 
     heifer slaughter, over 55 percent of hog slaughter, and over 
     65 percent of sheep slaughter. Increased concentration in the 
     dairy procurement and processing sector is also raising 
     significant concerns.
       (5) In the grain industry, United States Department of 
     Agriculture reports that the top 4 firms controlled 56 
     percent of flour milling, 73 percent of wet corn milling, 71 
     percent of soybean milling, and 62 percent of cotton seed oil 
     milling.
       (6) Moreover, the figures in paragraphs (4) and (5) 
     underestimate true levels of concentration and potential 
     market power because they fail to reflect the web of 
     unreported and difficult to trace joint ventures, strategic 
     alliances, interlocking directorates, and other partial 
     ownership arrangements that link many large corporations.
       (7) Concentration of market power also has the effect of 
     increasing the transfer of investment, capital, jobs, and 
     necessary social services out of rural areas to business 
     centers throughout the world. Many individuals representing a 
     wide range of expertise have expressed concern with the 
     potential implications of this trend for the greater public 
     good.
       (8) The recent increase in contracting for the production 
     or sale of agricultural commodities, such as livestock and 
     poultry, is a cause for concern because of the significant 
     bargaining power the buyers of these products or services 
     wield over individual farmers and ranchers.
       (9) Transparent, freely accessible, and competitive markets 
     are being supplanted by

[[Page 15480]]

     transfer prices set within vertically integrated firms and by 
     the increasing use of private contracts.
       (10) Agribusiness firms are showing record profits at the 
     same time that farmers and ranchers are struggling to survive 
     an ongoing price collapse and erratic price trends.
       (11) The efforts of farmers and ranchers to improve their 
     market position is hampered by--
       (A) extreme disparities in bargaining power between 
     agribusiness firms and the hundreds of thousands of 
     individual farmers and ranchers that sell products to them;
       (B) the rapid increase in the use of private contracts that 
     disrupt price discovery and can unfairly disadvantage 
     producers;
       (C) the extreme market power of agribusiness firms and 
     alleged anticompetitive practices in the industry;
       (D) shrinking opportunities for market access by producers; 
     and
       (E) the direct and indirect impact these factors have on 
     the continuing viability of thousands of rural communities 
     across the country.
       (b) Purposes.--The purposes of this title are to--
       (1) enhance fair and open competition in rural America, 
     thereby fostering innovation and economic growth;
       (2) permit the Secretary to take actions to enhance the 
     bargaining position of family farmers and ranchers, and to 
     promote the viability of rural communities nationwide;
       (3) protect family farms and ranches from--
       (A) unfair, unjustly discriminatory, or deceptive practices 
     or devices;
       (B) false or misleading statements;
       (C) retaliation related to statements lawfully provided; 
     and
       (D) other unfair trade practices employed by processors and 
     other agribusinesses; and
       (4) permit the Secretary to take actions to enhance the 
     viability of rural communities nationwide.

      SEC. 5003. DEFINITIONS.

       In this title:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given the term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Agricultural cooperative.--The term ``agricultural 
     cooperative'' means an association of persons engaged in the 
     production, marketing, or processing of an agricultural 
     commodity that meets the requirements of the Act of February 
     18, 1922, ``An Act to authorize association of producers of 
     agricultural products'' (7 U.S.C. 291 et seq.; 42 Stat. 388) 
     (commonly known as the ``Capper-Volstead Act'').
       (3) Broker.--The term ``broker'' means any person engaged 
     in the business of negotiating sales and purchases of any 
     agricultural commodity in interstate or foreign commerce for 
     or on behalf of the vendor or the purchaser, except that no 
     person shall be considered a broker if the person's sales of 
     such commodities are not in excess of $1,000,000 per year.
       (4) Commission merchant.--The term ``commission merchant'' 
     means any person engaged in the business of receiving in 
     interstate or foreign commerce any agricultural commodity for 
     sale, on commission, or for or on behalf of another, except 
     that no person shall be considered a commission merchant if 
     the person's sales of such commodities are not in excess of 
     $1,000,000 per year.
       (5) Dealer.--The term ``dealer'' means--
       (A) any person (except an agricultural cooperative) engaged 
     in the business of buying, selling, or marketing agricultural 
     commodities in wholesale or jobbing quantities, as determined 
     by the Secretary, in interstate or foreign commerce, except--
       (i) no person shall be considered a dealer with respect to 
     sales or marketing of any agricultural commodity of that 
     person's own raising provided such sales or marketing of such 
     agricultural commodities do not exceed $10,000,000 per year; 
     and
       (ii) no person shall be considered a dealer who buys, 
     sells, or markets less than $1,000,000 per year of such 
     commodities; and
       (B) an agricultural cooperative which sells or markets 
     agricultural commodities of its members' own production if 
     such agricultural cooperative sells or markets more than 
     $1,000,000 of its members' production per year of such 
     commodities.
       (6) Processor.--The term ``processor'' means--
       (A) any person (except an agricultural cooperative) engaged 
     in the business of handling, preparing, or manufacturing 
     (including slaughtering) of an agricultural commodity or the 
     products of such agricultural commodity for sale or marketing 
     in interstate or foreign commerce for human consumption 
     except--
       (i) no person shall be considered a processor with respect 
     to the handling, preparing, or manufacturing (including 
     slaughtering) of an agricultural commodity of that person's 
     own raising provided such sales or marketing of such 
     agricultural commodities do not exceed $10,000,000 per year; 
     and
       (ii) no person who handles, prepares, or manufactures 
     (including slaughtering) an agricultural commodity in an 
     amount less than $1,000,000 per year shall be considered a 
     processor; and
       (B) an agricultural cooperative which processes 
     agricultural commodities of its members' own production if 
     such agricultural cooperative processes more than $1,000,000 
     of its members' production of such commodities per year.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 5004. PROHIBITIONS AGAINST UNFAIR PRACTICES IN 
                   TRANSACTIONS INVOLVING AGRICULTURAL 
                   COMMODITIES.

       (a) Prohibitions.--It shall be unlawful in, or in 
     connection with, any transaction in interstate or foreign 
     commerce for any dealer, processor, commission merchant, or 
     broker--
       (1) to engage in or use any unfair, unreasonable, unjustly 
     discriminatory, or deceptive practice or device in the 
     marketing, receiving, purchasing, sale, or contracting for 
     the production of any agricultural commodity;
       (2) to make or give any undue or unreasonable preference or 
     advantage to any particular person or locality or subject any 
     particular person or locality to any undue or unreasonable 
     disadvantage in connection with any transaction involving any 
     agricultural commodity;
       (3) to make any false or misleading statement in connection 
     with any transaction involving any agricultural commodity 
     that is purchased or received in interstate or foreign 
     commerce, or involving any production contract, or to fail, 
     without reasonable cause, to perform any specification or 
     duty, express or implied, arising out of any undertaking in 
     connection with any such transaction or production contract;
       (4) to retaliate against or disadvantage, or to conspire to 
     retaliate against or disadvantage, any person because of 
     statements or information lawfully provided by such person to 
     any person (including to the Secretary or to a law 
     enforcement agency) regarding alleged improper actions or 
     violations of law by such dealer, processor, commission 
     merchant, or broker (unless such statements or information 
     are determined to be libelous or slanderous under applicable 
     State law);
       (5) to include as part of any new or renewed agreement or 
     contract a right of first refusal, or to make any sale or 
     transaction contingent upon the granting of a right of first 
     refusal, until 180 days after the General Accounting Office 
     study under section 5008 is complete; or
       (6) to offer different prices contemporaneously for 
     agricultural commodities of like grade and quality (except 
     commodities regulated by the Perishable Agricultural 
     Commodities Act (7 U.S.C. 181 et seq.)) unless--
       (A) the commodity is purchased in a public market through a 
     competitive bidding process or under similar conditions which 
     provide opportunities for multiple competitors to seek to 
     acquire the commodity;
       (B) the premium or discount reflects the actual cost of 
     acquiring a commodity prior to processing; or
       (C) the Secretary has determined that such types of offers 
     do not have a discriminatory impact against small volume 
     producers.
       (b) Violations.--
       (1) Complaints.--Whenever the Secretary has reason to 
     believe that any dealer, processor, commission merchant, or 
     broker has violated any provision of subsection (a), the 
     Secretary shall cause a complaint in writing to be served on 
     that person or persons, stating the charges in that respect, 
     and requiring the dealer, processor, commission merchant, or 
     broker to attend and testify at a hearing to be held not 
     sooner than 30 days after the service of such complaint.
       (2) Hearing.--
       (A) In general.--The Secretary may hold hearings, sign and 
     issue subpoenas, administer oaths, examine witnesses, receive 
     evidence, and require the attendance and testimony of 
     witnesses and the production of such accounts, records, and 
     memoranda, as the Secretary deems necessary, for the 
     determination of the existence of any violation of this 
     subsection.
       (B) Right to hearing.--A dealer, processor, commission 
     merchant, or broker may request a hearing if the dealer, 
     processor, commission merchant, or broker is subject to 
     penalty for unfair conduct, under this subsection.
       (C) Respondents rights.--During a hearing the dealer, 
     processor, commission merchant, or broker shall be given, 
     pursuant to regulations issued by the Secretary, the 
     opportunity--
       (i) to be informed of the evidence against such person;
       (ii) to cross-examine witnesses; and
       (iii) to present evidence.
       (D) Hearing limitation.--The issues of any hearing held or 
     requested under this section shall be limited in scope to 
     matters directly related to the purpose for which such 
     hearing was held or requested.
       (3) Report of finding and penalties.--
       (A) In general.--If, after a hearing, the Secretary finds 
     that the dealer, processor, commission merchant, or broker 
     has violated any provisions of subsection (a), the Secretary 
     shall make a report in writing which states the findings of 
     fact and includes an order requiring the dealer, processor, 
     commission merchant, or broker to cease and desist from 
     continuing such violation.
       (B) Civil penalty.--The Secretary may assess a civil 
     penalty not to exceed $100,000 for each such violation of 
     subsection (a).

[[Page 15481]]

       (4) Temporary injunction and finality and appealability of 
     an order.--
       (A) Temporary injunction.--At any time after a complaint is 
     filed under paragraph (1), the court, on application of the 
     Secretary, may issue a temporary injunction, restraining to 
     the extent it deems proper, the dealer, processor, commission 
     merchant, or broker and such person's officers, directors, 
     agents, and employees from violating any of the provisions of 
     subsection (a).
       (B) Appealability of an order.--An order issued pursuant to 
     this subsection shall be final and conclusive unless within 
     30 days after service of the order, the dealer, processor, 
     commission merchant, or broker petitions to appeal the order 
     to the court of appeals for the circuit in which such person 
     resides or has its principal place of business or the 
     District of Columbia Circuit Court of Appeals.
       (C) Delivery of petition.--The clerk of the court shall 
     immediately cause a copy of the petition filed under 
     subparagraph (B) to be delivered to the Secretary and the 
     Secretary shall thereupon file in the court the record of the 
     proceedings under this subsection.
       (D) Penalty for failure to obey an order.--Any dealer, 
     processor, commission merchant, or broker which fails to obey 
     any order of the Secretary issued under the provisions of 
     this section after such order or such order as modified has 
     been sustained by the court or has otherwise become final, 
     shall be fined not less than $5,000 and not more than 
     $100,000 for each offense. Each day during which such failure 
     continues shall be deemed a separate offense.
       (5) Records.--
       (A) In general.--Every dealer, processor, commission 
     merchant, and broker shall keep for a period of not less than 
     5 years such accounts, records, and memoranda (including 
     marketing agreements, forward contracts, and formula pricing 
     arrangements) and fully and correctly disclose all 
     transactions involved in the business of such person, 
     including the true ownership of the business.
       (B) Failure to keep records or allow the secretary to 
     inspect records.--Failure to keep, or allow the Secretary to 
     inspect records as required by this paragraph shall 
     constitute an unfair practice in violation of subsection 
     (a)(1).
       (C) Inspection of records.--The Secretary shall have the 
     right to inspect such accounts, records, and memoranda 
     (including marketing agreements, forward contracts, and 
     formula pricing arrangements) of any dealer, processor, 
     commission merchant, and broker as may be material to the 
     investigation of any alleged violation of this section or for 
     the purpose of investigating the business conduct or 
     practices of an organization with respect to such dealer, 
     processor, commission merchant or broker.
       (c) Compensation for Injury.--
       (1) Establishment of the family farmer and rancher claims 
     commission.--
       (A) In general.--The Secretary shall appoint 3 individuals 
     to a commission to be known as the ``Family Farmer and 
     Rancher Claims Commission'' (in this subsection referred to 
     as the ``Commission'') to review claims of family farmers and 
     ranchers who have suffered financial damages as a result of 
     any violation of this section as determined by the Secretary 
     pursuant to subsection (b)(3).
       (B) Term of service.--The member of the Commission shall 
     serve 3-year terms which may be renewed. The initial members 
     of the Commission may be appointed for a period of less than 
     3 years, as determined by the Secretary.
       (2) Review of claims.--
       (A) Submission of claims.--Family farmers and ranchers 
     damaged as a result of a violation of this section as 
     determined by the Secretary, pursuant to subsection (c)(3) 
     may preserve the right to claim financial damages under this 
     section by filing a claim pursuant to regulations promulgated 
     by the Secretary.
       (B) Determination.--Based on a review of such claims, the 
     Commission shall determine the amount of damages to be paid, 
     if any, as a result of the violation.
       (C) Review.--The decisions of the Commission under this 
     paragraph shall not be subject to judicial review except to 
     determine that the amount of damages to be paid is consistent 
     with the published regulations of the Secretary that 
     establish the criteria for implementing this subsection.
       (3) Funding.--
       (A) In general.--Funds collected from civil penalties 
     pursuant to this section shall be transferred to a special 
     fund in the Treasury, shall be made available to the 
     Secretary without further appropriation, and shall remain 
     available until expended to pay the expenses of the 
     Commission and the claims described in this subsection.
       (B) Authorization of appropriation.--In addition to the 
     funds described in subparagraph (A), there are authorized to 
     be appropriated such sums as may be necessary to carry out 
     this section.
       (4) No preclusion of private claims.--By filing an action 
     under this subsection, a family farmer or rancher is not 
     precluded from bringing a cause of action against a dealer, 
     processor, commission, merchant, or broker in any court of 
     appropriate jurisdiction.
       (d) Authority of the Secretary.--Not later than 180 days 
     after the date of enactment of this section, the Secretary 
     and the Attorney General shall develop and implement a plan 
     to enable, where appropriate, the Secretary to file civil 
     actions, including temporary injunctions, to enforce orders 
     issued by the Secretary under this title.

     SEC. 5005. REPORTS OF THE SECRETARY ON POTENTIAL UNFAIR 
                   PRACTICES.

       (a) Filing Premerger Notices With the Secretary.--No 
     dealer, processor, commission merchant, broker, operator of a 
     warehouse of agricultural commodities, or other agricultural 
     related business shall merge or acquire, directly or 
     indirectly, any voting securities or assets of any other 
     dealer, processor, commission merchant, broker, operator of a 
     warehouse of agricultural commodities, or other agricultural 
     related business unless both persons (or in the case of a 
     tender offer, the acquiring person) file notification 
     pursuant to rules promulgated by the Secretary if--
       (1) any voting securities or assets of the dealer, 
     processor, commission merchant, broker, operator of a 
     warehouse of agricultural commodities or other agricultural 
     related business with annual net sales or total assets of 
     $10,000,000 or more are being acquired by a dealer, 
     processor, commission merchant, broker, or operator of a 
     warehouse of agricultural commodities, or other 
     agricultural related business which has total assets or 
     annual net sales of $100,000,000 or more; and
       (2) any voting securities or assets of a dealer, processor, 
     commission merchant, broker, operator of a warehouse of 
     agricultural commodities, or other agricultural related 
     business with annual net sales or total assets of 
     $100,000,000 or more are being acquired by any dealer, 
     processor, commission merchant, broker, operator of a 
     warehouse of agricultural commodities, or agriculture related 
     business with annual net sales or total assets of $10,000,000 
     or more and as a result of such acquisition, if the acquiring 
     person would hold--
       (A) 15 percent or more of the voting securities or assets 
     of the acquired person; or
       (B) an aggregate total amount of the voting securities and 
     assets of the acquired person in excess of $15,000,000.
       (b) Review of the Secretary.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may conduct a review of any merger or acquisition 
     described in subsection (a).
       (2) Exception.--The Secretary shall conduct a review of any 
     merger or acquisition described in subsection (a) upon a 
     request from a member of Congress.
       (c) Access to Records.--The Secretary may request any 
     information including any testimony, documentary material, or 
     related information from a dealer, processor, commission 
     merchant, broker, or operator of a warehouse of agricultural 
     commodities, or other agricultural related business, 
     pertaining to any merger or acquisition of any agriculture 
     related business.
       (d) Purpose of Review.--
       (1) Findings.--The review described in subsection (a) shall 
     make findings whether the merger or acquisition could--
       (A) be significantly detrimental to the present or future 
     viability of family farms or ranches or rural communities in 
     the areas affected by the merger or acquisition, pursuant to 
     standards established by the Secretary; or
       (B) lead to a violation of section 5004(a) of this Act.
       (2) Remedies.--The review may include a determination of 
     possible remedies regarding how the parties of the merger or 
     acquisition may take steps to modify their operations to 
     address the findings described in paragraph (1).
       (e) Report of Review.--
       (1) Preliminary report.--After conducting the review 
     described in this section, the Secretary shall issue a 
     preliminary report to the parties of the merger or 
     acquisition and the Attorney General or the Federal Trade 
     Commission, as appropriate, which shall include findings and 
     any remedies described in subsection (d)(2).
       (2) Final report.--After affording the parties described in 
     paragraph (1) an opportunity for a hearing regarding the 
     findings and any proposed remedies in the preliminary report, 
     the Secretary shall issue a final report to the President and 
     Attorney General or the Federal Trade Commission, as 
     appropriate, with respect to the merger or acquisition.
       (f) Implementation of the Report.--Not later than 120 days 
     after the issuance of a final report described in subsection 
     (e), the parties of the merger or acquisition affected by 
     such report shall make changes to their operations or 
     structure to comply with the findings and implement any 
     suggested remedy or any agreed upon alternative remedy and 
     shall file a response demonstrating such compliance or 
     implementation.
       (g) Confidentiality of Information.--Information used by 
     the Secretary to conduct the review pursuant to this section 
     provided by a party of the merger or acquisition under review 
     or by a government agency shall be treated by the Secretary 
     as confidential information pursuant to section 1770 of the

[[Page 15482]]

     Food Security Act of 1985 (7 U.S.C. 2276), except that the 
     Secretary may share any information with the Attorney 
     General, the Federal Trade Commission, and a party seeking a 
     hearing pursuant to subsection (e)(2) with respect to 
     information relating to such party. The report issued under 
     subsection (e) shall be available to the public consistent 
     with the confidentiality provisions of this subsection.
       (h) Penalties.--
       (1) In general.--After affording the parties an opportunity 
     for a hearing, the Secretary may assess a civil penalty not 
     to exceed $300,000 for the failure of a person to comply with 
     the requirements of subsections (a) and (f). Such hearing 
     shall be limited to the issue of the amount of the civil 
     penalty.
       (2) Failure to follow an order.--If after being assessed a 
     civil penalty in accordance with paragraph (1) a person 
     continues to fail to meet the applicable requirements of 
     subsections (a) and (f), the Secretary may, after affording 
     the parties an opportunity for a hearing, assess a further 
     civil penalty not to exceed $100,000 for each day such person 
     continues such violation. Such hearing shall be limited to 
     the issue of the additional civil penalty assessed under this 
     paragraph.

     SEC. 5006. PLAIN LANGUAGE AND DISCLOSURE REQUIREMENTS FOR 
                   CONTRACTS.

       (a) In General.--Any contract between a family farmer or 
     rancher and a dealer, processor, commission merchant, broker, 
     operator of a warehouse of agricultural commodities, or other 
     agricultural related business shall--
       (1) be written in a clear and coherent manner using words 
     with common and everyday meanings and shall be appropriately 
     divided and captioned by various sections;
       (2) disclose in a manner consistent with paragraph (1)--
       (A) contract duration;
       (B) contract termination;
       (C) renegotiation standards;
       (D) responsibility for environmental damage;
       (E) factors to be used in determining performance payments;
       (F) which parties shall be responsible for obtaining and 
     complying with necessary local, State, and Federal government 
     permits; and
       (G) any other contract terms the Secretary determines is 
     appropriate for disclosure; and
       (3) not contain a confidentiality requirement barring a 
     party of a contract from sharing terms of such contract 
     (excluding trade secrets as applied in the Freedom of 
     Information Act (5 U.S.C. 552 et seq.)) for the purposes of 
     obtaining legal or financial advice or for the purpose of 
     responding to a request from Federal or State agencies.
       (b) Penalties.--
       (1) In general.--After affording the parties an opportunity 
     for a hearing, the Secretary may assess a civil penalty not 
     to exceed $100,000 for the failure of a person to comply with 
     the requirements of this section. Such hearing shall be 
     limited to the issue of the amount of the civil penalty.
       (2) Failure to follow an order.--If after being assessed a 
     civil penalty in accordance with paragraph (1), a person 
     continues to fail to meet the applicable requirements of this 
     section, the Secretary may, after affording the parties an 
     opportunity for a hearing, assess a further civil penalty not 
     to exceed $100,000 for each day such person continues such 
     violation. Such hearing shall be limited to the issue of the 
     amount of the additional civil penalty assessed under this 
     paragraph.
       (c) Implementation.--The requirements imposed by this 
     section shall be applicable to contracts entered into or 
     renewed 60 days or subsequently after the date of enactment 
     of this Act.

     SEC. 5007. REPORT ON CORPORATE STRUCTURE.

       (a) In General.--A dealer, processor, commission merchant, 
     or broker with annual sales in excess of $100,000,000 shall 
     annually file with the Secretary, a report which describes, 
     with respect to both domestic and foreign activities; the 
     strategic alliances; ownership in other agribusiness firms or 
     agribusiness-related firms; joint ventures; subsidiaries; 
     brand names; and interlocking boards of directors with other 
     corporations, representatives, and agents that lobby Congress 
     on behalf of such dealer, processor, commission merchant, or 
     broker, as determined by the Secretary. This subsection shall 
     not be construed to apply to contracts.
       (b) Penalties.--
       (1) In general.--After affording the parties an opportunity 
     for a hearing, the Secretary may assess a civil penalty not 
     to exceed $100,000 for the failure of a person to comply with 
     the requirements of this section. Such a hearing shall be 
     limited to the issue of the amount of the civil penalty
       (2) Failure to follow an order.--If after being assessed a 
     civil penalty in accordance with paragraph (1) a person 
     continues to fail to meet the applicable requirements of this 
     section, the Secretary may, after affording the parties an 
     opportunity for a hearing, assess a further civil penalty not 
     to exceed $100,000 for each day such person continues such 
     violation. Such hearing shall be limited to the amount of the 
     additional civil penalty assessed under this paragraph.

     SEC. 5008. MANDATORY FUNDING FOR STAFF.

       Out of the funds in the Treasury not otherwise 
     appropriated, the Secretary of Treasury shall provide to the 
     Secretary of Agriculture $7,000,000 in each of fiscal years 
     2002 through 2006, to hire, train, and provide for additional 
     staff to carry out additional responsibilities under this 
     title, including a Special Counsel on Fair Markets and Rural 
     Opportunity, additional attorneys for the Office of General 
     Counsel, investigators, economists, and support staff. Such 
     sums shall be made available to the Secretary without further 
     appropriation and shall be in addition to funds already made 
     available to the Secretary for the purposes of this section.

     SEC. 5009. GENERAL ACCOUNTING OFFICE STUDY.

       The Comptroller General of the United States, in 
     consultation with the Attorney General, the Secretary, the 
     Federal Trade Commission, the National Association of 
     Attorney's General, and others, shall--
       (1) study competition in the domestic farm economy with a 
     special focus on protecting family farms and ranches and 
     rural communities and the potential for monopsonistic and 
     oligopsonistic effects nationally and regionally; and
       (2) provide a report to the appropriate committees of 
     Congress not later than 1 year after the date of enactment of 
     this Act on--
       (A) the correlation between increases in the gap between 
     retail consumer food prices and the prices paid to farmers 
     and ranchers and any increases in concentration among 
     processors, manufacturers, or other firms that buy from 
     farmers and ranchers;
       (B) the extent to which the use of formula pricing, 
     marketing agreements, forward contracting, and production 
     contracts tend to give processors, agribusinesses, and other 
     buyers of agricultural commodities unreasonable market power 
     over their producer/suppliers in the local markets;
       (C) whether the granting of process patents relating to 
     biotechnology research affecting agriculture during the past 
     20 years has tended to overly restrict related biotechnology 
     research or has tended to overly limit competition in the 
     biotechnology industries that affect agriculture in a manner 
     that is contrary to the public interest, or could do either 
     in the future;
       (D) whether acquisitions of companies that own 
     biotechnology patents and seed patents by multinational 
     companies have the potential for reducing competition in the 
     United States and unduly increasing the market power of such 
     multinational companies;
       (E) whether existing processors or agribusiness have 
     disproportionate market power and if competition could be 
     increased if such processors or agribusiness were required to 
     divest assets to assure that they do not exert this 
     disproportionate market power over local markets;
       (F) the extent of increase in concentration in milk 
     processing, procurement and handling, and the potential risks 
     to the economic well-being of dairy farmers, and to the 
     National School Lunch program, and other Federal nutrition 
     programs of that increase in concentration;
       (G) the impact of mergers, acquisitions, and joint ventures 
     among dairy cooperatives on dairy farmers, including impacts 
     on both members and nonmembers of the merging cooperatives;
       (H) the impact of the significant increase in the use of 
     stock as the primary means of effectuating mergers and 
     acquisitions by large companies;
       (I) the increase in the number and size of mergers or 
     acquisitions in the United States and whether some of such 
     mergers or acquisitions would have taken place if the merger 
     or acquisition had to be consummated primarily with cash, 
     other assets, or borrowing; and
       (J) whether agricultural producers typically appear to 
     derive any benefits (such as higher prices for their products 
     or any other advantages) from right-of-first-refusal 
     provisions contained in purchase contracts or other deals 
     with agribusiness purchasers of such products.

     SEC. 50010. AUTHORITY TO PROMULGATE REGULATIONS.

       The Secretary of Agriculture shall have the authority to 
     promulgate regulations to carry out the responsibilities of 
     the Secretary under this title.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 3952

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted an amendment intended to be proposed by him to 
the bill, H.R. 4461, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.  . Of the funds to be appropriated for the National 
     Research Initiative, $2,000,000 is available for the National 
     Robotics Engineering Consortium, in collaboration with other 
     institutions renowned for nursery and landscape research, to 
     address the development and economic evaluation of robotic 
     and automated systems for the nursery industry.
                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 3953

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, H.R. 4461, supra; as follows:

       On page 87, between lines 11 and 12, insert the following:

[[Page 15483]]

       Sec.  . Quality Loss Payments for Apples and Potatoes.--The 
     Secretary shall use $60,000,000 of funds of the Commodity 
     Credit Corporation to make payments to apple producers, and 
     potato producers, that suffered quality losses to the 1999 
     and 2000 crop of potatoes and apples, respectively, due to, 
     or related to, a 1999 or 2000 hurricane, fireblight, hail or 
     other weather related disaster.

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