[House Report 105-593]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-593
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PROVIDING FOR THE CONSIDERATION OF H.R. 4101, THE DEPARTMENT OF
AGRICULTURE AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 1999
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June 22, 1998.--Referred to the House Calendar and ordered to be
printed
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Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 482]
The Committee on Rules, having had under consideration
House Resolution 482, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
brief summary of provisions of resolution
The resolution provides for the consideration of H.R. 4101,
the ``Department of Agriculture and Related Agencies
Appropriations for Fiscal Year 1999'' under an open rule. The
rule provides one hour of general debate divided equally
between the chairman and ranking minority member of the
Committee on Appropriations.
The rule waives clause 2(l)(6) of rule XI (relating to the
3 day availability of the report) and clause 7 of rule XXI
(relating to the 3 day availability of printed hearings)
against consideration of the bill.
The rule provides that the amendments printed in this
report shall be considered as adopted.
The rule also waives clause 2 (prohibiting unauthorized and
legislative provisions in an appropriations bill) and clause 6
(prohibiting reappropriations in an appropriations bill) of
rule XXI against the bill as amended.
Additionally, the Chair is authorized to accord priority in
recognition to Members who have pre-printed their amendments in
the Congressional Record. The rule allows for the Chairman of
the Committee of the Whole to postpone votes during
consideration of the bill, and to reduce votes to five minutes
on a postponed question if the vote follows a fifteen minute
vote.
Finally, the rule provides for one motion to recommit, with
or without instructions.
summary of amendments considered as adopted to h.r. 4101, the
department of agriculture and related agencies appropriations for
fiscal year 1999
(Summary provided by the Committee on Appropriations, Subcommittee on
Agriculture)
The first change reduces the amount available for
renovation of USDA buildings from $23,505,000 to $5,000,000.
USDA is in a long-term repair program and this postpones some
spending until next year.
The second change reduces the amount available for the
Grain Inspection, Packers and Stockyards Administration from
$29,042,000 to $27,542,000. The amount in the original bill
included $1.5 million to replace a one-time loss of user fees.
The user fee loss was covered by the supplemental
appropriations bill and is no longer necessary.
The third change strikes the emergency declaration in the
General Provision, which amended the Arms Export Control Act.
The fourth change places a limitation on the Conservation
Farm Option Program for a savings of $25 million. This is a new
program for which USDA has yet to write regulations.
The fifth change affects Section 740, which provides for
certain waiver of statute of limitations with respect to
allegations of discrimination against the Department of
Agriculture. The USDA failed to make timely and adequate
response to discrimination complaints and the statute of
limitations has expired through no fault of the complainant.
The provision limits waivers to those involved between January
1, 1983 and December 31, 1996 and further limits claims to
commodity programs; Agricultural Credit Insurance fund programs
of farm operating loans, farm ownership loans, and emergency
loans; and disaster assistance programs. The provision does not
settle any cases only allows cases to go forward.
Amendments considered as adopted:
On page 5, line 14, strike ``$23,505,000'' and insert
``$5,000,000'' and on line 15 strike ``$155,689,000'' and
insert ``$137,184,000'';
On page 22, line 23, strike ``$29,042,000'' and insert
``$27,542,000'';
And on page 68, strike all after line 18, through line 4,
on page 69;
And on page 69, after line 14, insert the following:
``Sec. 739. None of the funds appropriated or otherwise
made available by this Act shall be used to pay the salaries
and expenses of personnel who carry out a conservation farm
option program authorized by section 335 of Public Law 104-
127.''
At the end of title VII, but before the short title, insert
the following:
SEC. 740. WAIVER OF STATUTE OF LIMITATIONS.
(a) In General.--If an eligible complaint was filed with
the Department of Agriculture before July 1, 1997, any civil
action to obtain relief under the Equal Credit Opportunity Act
with respect to the discrimination alleged in that complaint,
if commenced not later than 2 years after the date of the
enactment of this Act, shall not be barred by any provision of
that Act providing a statute of limitations.
(b) Administrative Proceedings.--The complainant may, in
lieu of filing a civil action, seek a determination on the
merits of the complaint by the Department of Agriculture. The
Department of Agriculture shall--
(1) provide the complainant an opportunity for a
hearing on the record before making that determination;
and
(2) award the complainant such relief as would be
afforded under the Equal Credit Opportunity Act with
respect to the complaint.
(c) Limitation on Settlement.--A proposed administrative
award or settlement, exceeding $25,000 (other than debt
relief), of an eligible complaint--
(1) shall not take effect until 90 days after notice
of that award or settlement is given to the Attorney
General (or the Attorney General's designee); and
(2) shall not take effect in any event if, during
that 90-day period, the Attorney General (or the
Attorney General's designee) objects to the award or
settlement.
(d) Jurisdiction.--The United States Court of Federal
Claims and the U.S. District Court shall have exclusive
original jurisdiction over--
(1) any cause of action arising out of a complaint
with respect to which this section waives the statute
of limitations; and
(2) over any civil action for judicial review of a
determination in an administrative proceeding in the
Department of Agriculture under this section.
(e) Definition.--As used in this section, the term
``eligible complaint'' means a non-employment-related
complaint, made under the Equal Credit Opportunity Act during
the period beginning on January 1, 1983 and ending December 31,
1996, of discrimination in the administration of any of the
following programs of the Department of Agriculture:
(1) The commodity programs.
(2) The following programs funded from the
Agricultural Credit Insurance Program Account: farm
ownership loans, farm operating loans, emergency loans.
(3) Disaster assistance programs.
(f) Application of Section.--This section shall apply in
fiscal year 1999 and thereafter.