[House Report 105-593]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-593
_______________________________________________________________________


 
    PROVIDING FOR THE CONSIDERATION OF H.R. 4101, THE DEPARTMENT OF 
  AGRICULTURE AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 1999

                                _______
                                

   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.

                                
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