[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[Senate]
[Pages 16163-16165]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 1471. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 1246 to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . Salmon.--The Secretary of the Treasury shall 
     transfer, out of funds in the Treasury not otherwise 
     appropriated, $50,000,000, to remain available until 
     expended, to be provided within 30 days after enactment of 
     this Act as direct lump sum payments to the entities listed 
     to respond to fisheries failures and record low salmon 
     harvests in the State of Alaska by providing individual 
     assistance and economic development, including the following 
     amounts--
       (1) $10,000,000 to the Kodiak Island Borough;
       (2) $10,000,000 to the Association of Village Council 
     President;
       (3) $10,000,000 to the Tanana Chiefs Conference, including 
     $2,000,000 to address the combined impacts of poor salmon 
     runs and the implementation of the Yukon River Salmon Treaty;
       (4) $5,000,000 to Kawerak, Inc.;
       (5) $5,000,000 to the Kenai Peninsula Borough;
       (6) $5,000,000 to the Aleutians East Borough; and
       (7) $5,000,000 to the Briston Bay Native Association for 
     its revolving loan program in support of local fishermen.
                                  ____

  SA 1472. Mr. DAYTON submitted an amendment intended to be proposed to 
amendment SA 1212 submitted by Mr. Lugar and intended to be proposed to 
the bill (S. 1246) to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMERGENCY FINANCIAL ASSISTANCE FOR 2000 CROP OF 
                   SUGAR BEETS.

       Notwithstanding section 815(d)(1) of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-56), 
     in making payments under that section for quality losses for 
     the 2000 crop of sugar beets of producers on a farm in an 
     area covered by Manager's Bulletin MGR-01-010 issued by the 
     Federal Crop Insurance Corporation on March 2, 2001--
       (1) the Secretary shall calculate the amount of a quality 
     loss, regardless of whether the sugar beets are processed, on 
     an aggregate basis by cooperative;
       (2) the Secretary shall use funds made available under 
     section 1(a) to make the quality loss payments to a 
     cooperative for distribution to cooperative members; and
       (3) the amount of a quality loss, regardless of whether the 
     sugar beets are processed, shall be equal to the difference 
     between--
       (A) the per unit payment that the producers on the farm 
     would have received for the crop from the cooperative if the 
     crop had not suffered a quality loss; and
       (B) the average per unit payment that the producers on the 
     farm received from the cooperative for the affected sugar 
     beets.
                                  ____

  SA 1473. Mr. DAYTON submitted an amendment intended to be proposed to 
amendment SA 1212 submitted by Mr. Lugar and intended to be proposed to 
the bill (S. 1246) to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table, as follows:

       At the appropriate place, insert the following:

     SEC. __. SUGAR BEETS.

       (a) Marketing Assessment.--No marketing assessment under 
     section 156(f) of the Agricultural Market Transition Act (7 
     U.S.C. 7272(f)) shall be collected for the 2001 crop of sugar 
     beets until September 30, 2002.
       (b) Emergency Financial Assistance for 2000 Crop of Sugar 
     Beets.--Notwithstanding section 815(d)(1) of the Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-56), 
     in making payments under that section for

[[Page 16164]]

     quality losses for the 2000 crop of sugar beets of producers 
     on a farm in an area covered by Manager's Bulletin MGR-01-010 
     issued by the Federal Crop Insurance Corporation on March 2, 
     2001--
       (1) the Secretary shall calculate the amount of a quality 
     loss, regardless of whether the sugar beets are processed, on 
     an aggregate basis by cooperative;
       (2) the Secretary shall use funds made available under 
     section 1(a) to make the quality loss payments to a 
     cooperative for distribution to cooperative members; and
       (3) the amount of a quality loss, regardless of whether the 
     sugar beets are processed, shall be equal to the difference 
     between--


       (A) the per unit payment that the producers on the farm 
     would have received for the crop from the cooperative if the 
     crop had not suffered a quality loss; and
       (B) the average per unit payment that the producers on the 
     farm received from the cooperative for the affected sugar 
     beets.
                                  ____

  SA 1474. Mr. DAYTON submitted an amendment intended to be proposed to 
amendment SA 1212 submitted by Mr. Lugar and intended to be proposed to 
the bill (S. 1246) to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUGAR BEETS.

       (a) Marketing Assessment.--No marketing assessment under 
     section 156(f) of the Agricultural Market Transition Act (7 
     U.S.C. 7272(f)) shall be collected for the 2001 crop of sugar 
     beets until September 30, 2002.
       (b) Emergency Financial Assistance for 2000 Crop of Sugar 
     Beets.--Notwithstanding section 815(d)(1) of the Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-56), 
     in making payments under that section for quality losses for 
     the 2000 crop of sugar beets of producers on a farm in an 
     area covered by Manager's Bulletin MGR-01-010 issued by the 
     Federal Crop Insurance Corporation on March 2, 2001--
       (1) the Secretary shall calculate the amount of a quality 
     loss, regardless of whether the sugar beets are processed, on 
     an aggregate basis by cooperative;
       (2) the Secretary shall use funds made available under 
     section 1(a) to make the quality loss payments to a 
     cooperative for distribution to cooperative members; and
       (3) the amount of a quality loss, regardless of whether the 
     sugar beets are processed, shall be equal to the difference 
     between--
       (A) the per unit payment that the producers on the farm 
     would have received for the crop from the cooperative if the 
     crop had not suffered a quality loss; and
       (B) the average per unit payment that the producers on the 
     farm received from the cooperative for the affected sugar 
     beets.
                                  ____

  SA 1475. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill S. 1246, to respond to the continuing economic 
crisis adversely affecting American agricultural producers; which was 
ordered to lie on the table; as follows:

     At the appropriate place, insert the following:

     SEC. __. APPLES.

       (a) In General.--The Secretary shall use $150,000,000 of 
     funds of the Commodity Credit Corporation to make payments to 
     apple producers to provide relief for the loss of markets 
     during the 2000 crop year.
       (b) Payment Quantity.--
       (1) In general.--Subject to paragraph (2), the payment 
     quantity of apples for which the producers on a farm are 
     eligible for payments under this section shall be equal to 
     the quantity of the 2000 crop of apples produced by the 
     producers on the farm.
       (2) Maximum quantity.--The payment quantity of apples for 
     which the producers on a farm are eligible for payments under 
     this section shall not exceed 5,000,000 pounds of apples 
     produced on the farm.
       (c) Limitations.--Subject to subsection (b)(2), the 
     Secretary shall not establish a payment limitation, or gross 
     income eligibility limitation, with respect to payments made 
     under this section.
       (d) Applicability.--This section applies only with respect 
     to the 2000 crop of apples and producers of that crop.

     SEC. 12. OBLIGATION PERIOD.

       (a) Fiscal Year 2001.--Notwithstanding section 11 and 
     except as otherwise provided in this Act, the Secretary and 
     the Commodity Credit Corporation shall obligate and expend 
     funds only during fiscal year 2001 to carry out section 1.
       (b) Fiscal Year 2002.--
       (1) In general.--Notwithstanding section 11 and except as 
     otherwise provided in this Act, the Secretary and the 
     Commodity Credit Corporation shall obligate and, to the 
     maximum extent practicable, expend funds during fiscal year 
     2002 to carry out this Act (other than section 1).
       (2) Availability.--Funds described in paragraph (1) shall 
     remain available until expended.
                                  ____

  SA 1476. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill S. 1246, to respond to the continuing economic 
crisis adversely affecting American agricultural producers; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMMODITY PURCHASES.

       (a) In General.--The Secretary shall use $270,000,000 of 
     funds of the Commodity Credit Corporation to purchase 
     agricultural commodities, especially agricultural commodities 
     that have experienced low prices during the 2000 or 2001 crop 
     years, such as apples, apricots, asparagus, bell peppers, 
     bison meat, black beans, black-eyed peas, blueberries (wild 
     and cultivated), cabbage, cantaloupe, cauliflower, chickpeas, 
     cranberries, cucumbers, dried plums, dry peas, eggplants, 
     lemons, lentils, melons, onions, peaches (including 
     freestone), pears, potatoes (summer and fall), pumpkins, 
     raisins, raspberries, red tart cherries, snap beans, spinach, 
     strawberries, sweet corn, tomatoes, and watermelons.
       (b) Geographic Diversity.--The Secretary is encouraged to 
     purchase agricultural commodities under this section in a 
     manner that reflects the geographic diversity of agricultural 
     production in the United States, particularly agricultural 
     production in the Northeast and Mid-Atlantic States.
       (c) Other Purchases.--The Secretary shall ensure that 
     purchases of agricultural commodities under this section are 
     in addition to purchases by the Secretary under any other 
     law.
       (d) Transportation and Distribution Costs.--The Secretary 
     may use not more than $20,000,000 of the funds made available 
     under subsection (a) to provide assistance to States to cover 
     costs incurred by the States in transporting and distributing 
     agricultural commodities purchased under this section.
       (e) Purchases for School Nutrition Programs.--The Secretary 
     shall use not less than $55,000,000 of the funds made 
     available under subsection (a) to purchase agricultural 
     commodities of the type distributed under section 6(a) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1755(a)) for distribution to schools and service institutions 
     in accordance with section 6(a) of that Act.

     SEC. 12. OBLIGATION PERIOD.

       (a) Fiscal year 2001.--Notwithstanding section 11 and 
     except as otherwise provided in this Act, the Secretary and 
     the Commodity Credit Corporation shall obligate and expend 
     funds only during fiscal year 2001 to carry out section 1.
       (b)Fiscal year 2002.--
       (1) In general.--Notwithstanding section 11 and except as 
     otherwise provided in this Act, the Secretary and the 
     Commodity Credit Corporation shall obligate and, to the 
     maximum extent practicable, expend funds during fiscal year 
     2002 to carry out this Act (other than section 1).
       (2) Availability.--Funds described in paragraph (1) shall 
     remain available until expended.
                                  ____

  SA 1477. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1246, to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TOBACCO PAYMENTS.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary of Agriculture shall use $129,000,000 of funds of 
     the Commodity Credit Corporation to provide a supplemental 
     payment in accordance with the terms and conditions of 
     section 204(b) of the Agricultural Risk Protection Act of 
     2000 (7 U.S.C. 1421 note; Public Law 106-224) to eligible 
     persons (as defined in that section) that received a payment 
     under that section.
       (b) Payment Formula.--The Secretary shall use the payment 
     formula used by the Secretary to make payments under section 
     803(c) of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2000 
     (7 U.S.C. 1421 note; Public Law 106-78) to make supplemental 
     payments to eligible persons under this section.
                                  ____

  SA 1478. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1246, to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TOBACCO.

       (a) Tobacco Payments.--
       (1) Definitions.--In this subsection:
       (A) Eligible person.--The term ``eligible person'' means a 
     person that--
       (i) owns a farm for which, regardless of temporary 
     transfers or undermarketings, a

[[Page 16165]]

     basic quota or allotment for eligible tobacco is established 
     for the 2001 crop year under part I of subtitle B of title 
     III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 
     et seq.);
       (ii) controls the farm from which, under the quota or 
     allotment for the relevant period, eligible tobacco is 
     marketed, could have been marketed, or can be marketed, 
     taking into account temporary transfers; or
       (iii) grows, could have grown, or can grow eligible tobacco 
     that is marketed, could have been marketed, or can be 
     marketed under the quota or allotment for the 2001 crop year, 
     taking into account temporary transfers.
       (B) Eligible tobacco.--The term ``eligible tobacco'' means 
     each of the following kinds of tobacco:
       (i) Flue-cured tobacco, comprising types 11, 12, 13, and 
     14.
       (ii) Fire-cured tobacco, comprising types 21, 22, and 23.
       (iii) Dark air-cured tobacco, comprising types 35 and 36.
       (iv) Virginia sun-cured tobacco, comprising type 37.
       (v) Burley tobacco, comprising type 31.
       (vi) Cigar-filler and cigar-binder tobacco, comprising 
     types 42, 43, 44, 54, and 55.
       (2) Payments.--Not later than December 31, 2001, the 
     Secretary of Agriculture (referred to in this section as the 
     ``Secretary'') shall use funds of the Commodity Credit 
     Corporation to make payments under this subsection.
       (3) Poundage payment quantities.--For the purposes of this 
     subsection, individual tobacco quotas and allotments shall be 
     converted to poundage payment quantities as follows:
       (A) Flue-cured and burley tobacco.--In the case of Flue-
     cured tobacco (types 11, 12, 13, and 14) and Burley tobacco 
     (type 31), the poundage payment quantity shall equal the 
     number of pounds of the basic poundage quota of the kind of 
     tobacco, irrespective of temporary transfers or 
     undermarketings, under part I of subtitle B of title III of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et 
     seq.) for the 2001 crop year.
       (B) Other kinds of eligible tobacco.--In the case of each 
     other kind of eligible tobacco, individual allotments shall 
     be converted to poundage payment quantities by multiplying--
       (i) the number of acres that may, irrespective of temporary 
     transfers or undermarketings, be devoted, without penalty, to 
     the production of the kind of tobacco under the allotment 
     under part I of subtitle B of title III of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001 
     crop year; by
       (ii)(I) in the case of fire-cured tobacco (type 21), 1,630 
     pounds per acre;
       (II) in the case of fire-cured tobacco (types 22 and 23), 
     2,601 pounds per acre;
       (III) in the case of dark air-cured tobacco (types 35 and 
     36), 2,337 pounds per acre;
       (IV) in the case of Virginia sun-cured tobacco (type 37), 
     1,512 pounds per acre; and
       (V) in the case of cigar-filler and cigar-binder tobacco 
     (types 42, 43, 44, 54, and 55), 2,165 pounds per acre.
       (4) Available payment amounts.--The available payment 
     amount for pounds of a payment quantity under paragraph (2) 
     shall be equal to--
       (A) in the case of fire-cured tobacco (types 21, 22, and 
     23) and dark air-cured tobacco (types 35 and 36), 26 cents 
     per pound; and
       (B) in the case of each other kind of eligible tobacco not 
     covered by subparagraph (A), 13 cents per pound.
       (5) Division of payments among eligible persons.--
       (A) In general.--Payments available with respect to a pound 
     of payment quantity, as determined under paragraph (4), shall 
     be made available to eligible persons in accordance with this 
     paragraph.
       (B) Flue-cured and cigar tobacco.--In the case of payments 
     made available in a State under paragraph (2) for Flue-cured 
     tobacco (types 11, 12, 13, and 14) and cigar-filler and 
     cigar-binder tobacco (types 42, 43, 44, 54, and 55), the 
     Secretary shall distribute (as determined by the Secretary)--
       (i) 50 percent of the payments to eligible persons that are 
     owners described in paragraph (1)(A)(i); and
       (ii) 50 percent of the payments to eligible persons that 
     are growers described in paragraph (1)(A)(iii).
       (C) Other kinds of eligible tobacco.--In the case of 
     payments made available in a State under paragraph (2) for 
     each other kind of eligible tobacco not covered by 
     subparagraph (A), the Secretary shall distribute (as 
     determined by the Secretary)--
       (i) 33\1/3\ percent of the payments to eligible persons 
     that are owners described in paragraph (1)(A)(i);
       (ii) 33\1/3\ percent of the payments to eligible persons 
     that are controllers described in paragraph (1)(A)(ii); and
       (iii) 33\1/3\ percent of the payments to eligible persons 
     that are growers described in paragraph (1)(A)(iii).
       (6) Standards.--In carrying out this subsection, the 
     Secretary shall use, to the maximum extent practicable, the 
     same standards for payments that were used for making 
     payments under section 204(b) of the Agricultural Risk 
     Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106-
     224).
       (7) Judicial review.--A determination by the Secretary 
     under this subsection shall not be subject to judicial 
     review.
       (b) Grading of Price-Support Tobacco.--
       (1) In general.--Not later than November 30, 2001, the 
     Secretary shall conduct a referendum among producers of each 
     kind of tobacco that is eligible for price support under the 
     Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine 
     whether the producers favor the mandatory grading of the 
     tobacco by the Secretary.
       (2) Mandatory grading.--If the Secretary determines that 
     mandatory grading of each kind of tobacco described in 
     paragraph (1) is favored by a majority of the producers 
     voting in the referendum, effective for the 2002 and 
     subsequent marketing years, the Secretary shall ensure that 
     all kinds of the tobacco are graded at the time of sale.
       (3) Judicial review.--A determination by the Secretary 
     under this subsection shall not be subject to judicial 
     review.
       (c) Obligation Period.--The Secretary and the Commodity 
     Credit Corporation shall obligate and, to the maximum extent 
     practicable, expend funds during fiscal year 2002 to carry 
     out this section.
                                  ____

  SA 1479. Mr. REID (for Mr. Helms) proposed an amendment to the 
concurrent resolution S. Con. Res. 62, congratulating Ukraine on the 
10th anniversary of the restoration of its independence and supporting 
its full integration into the Euro-Atlantic community of democracies; 
as follows:

       In paragraph (6) of section 1 of the concurrent resolution, 
     strike ``Oleksandorv'' and insert ``Oleksandrov''.
                                  ____

  SA 1480. Mr. REID (for Mr. Hutchinson) proposed an amendment to the 
concurrent resolution S. Con. Res. 59, expressing the sense of Congress 
that there should be established a National Community Health Center 
Week to raise awareness of health services provided by the community, 
migrant, public housing, and homeless health centers; as follows:

       On page 3, line 4, insert ``Week'', the following: ``for 
     the week beginning August 19, 2001,''.

                          ____________________