E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, FEBRUARY 6, 1996 No. 16 House of Representatives

The House met at 8 p.m. and was SEC. 2. The Clerk of the House shall notify SCHEDULE OF ADJOURNMENTS OF called to order by the Speaker pro tem- the President and the Senate of the election THE HOUSE FROM TUESDAY, pore [Mrs. MORELLA]. of the Honorable CONSTANCE A. MORELLA as FEBRUARY 6, 1996, TO FRIDAY, Speaker pro tempore during the absence of f the Speaker. FEBRUARY 23, 1996, AND MEET- ING HOUR DESIGNATION OF THE SPEAKER The resolution was agreed to. PRO TEMPORE A motion to reconsider was laid on Mr. DAVIS. Madam Speaker, I ask the table. unanimous consent that when the The SPEAKER pro tempore laid be- f House adjourns on Tuesday, February fore the House the following commu- 6, 1996, it adjourn to meet at 11 a.m. on nication from the Speaker: SWEARING IN OF THE HONORABLE Friday, February 9, 1996; and further, WASHINGTON, DC, CONSTANCE A. MORELLA AS that when the House adjourns on Fri- February 1, 1996. SPEAKER PRO TEMPORE DURING day, February 9, 1996, it adjourn to I hereby designate the Honorable CON- ABSENCE OF THE SPEAKER meet at 11 a.m. on Tuesday, February STANCE A. MORELLA to act as Speaker pro The SPEAKER pro tempore. Will the tempore on Tuesday, February 6, 1996. 13, 1996; and further, that when the gentleman from Virginia [Mr. DAVIS] NEWT GINGRICH, House adjourns on Tuesday, February Speaker of the House of Representatives. please come to the well of the House 13, 1996, it adjourn to meet at 11 a.m. and administer the oath of office. f on Friday, February 16, 1996; and fur- Mrs. MORELLA took the oath of of- ther, that when the House adjourns on PRAYER fice administered to her by the gen- Friday, February 16, 1996, it adjourn to tleman from Virginia [Mr. DAVIS] as The Chaplain, Rev. James David meet at 11 a.m. on Tuesday, February follows: Ford, D.D., offered the following pray- 20, 1996; and further, that when the Do you solemnly swear that you will sup- er: House adjourns on Tuesday, February port and defend the Constitution of the Unit- 20, 1996, it adjourn to meet at 11 a.m. In all our days, we pray for faith; in ed States against all enemies, foreign and all the hours we yearn for hope; in domestic; that you will bear true faith and on Friday, February 23, 1996; and fur- every moment of our time, we pray allegiance to the same; that you take this ther, that when the House adjourns on that Your presence of love will be in us obligation freely, without any mental res- Friday, February 23, 1996, it adjourn to and with us and about us. O gracious ervation or purpose of evasion, and that you meet at 12:30 p.m. on Monday, Feb- God, from whom we have come and to will well and faithfully discharge the duties ruary 26, 1996, for morning hour debate. of the office on which you are about to enter. The SPEAKER pro tempore. Is there whom we shall return, bless us, each So help you God. one, whatever our need in the depths of objection to the request of the gen- f our hearts and souls. Amen. tleman from Virginia? f COMMUNICATION FROM THE There was no objection. CLERK OF THE HOUSE f ELECTION OF THE HONORABLE The SPEAKER pro tempore laid be- GRANTING MEMBERS OF THE CONSTANCE A. MORELLA AS fore the House the following commu- SPEAKER PRO TEMPORE UNTIL HOUSE PRIVILEGE TO REVISE nication from the Clerk of the House of AND EXTEND REMARKS IN CON- NOT LATER THAN TUESDAY, Representatives: FEBRUARY 27, 1996 GRESSIONAL RECORD THROUGH FEBRUARY 6, 1996. MONDAY, FEBRUARY 26, 1996 Mr. DAVIS. Madam Speaker, I offer a Hon. NEWT GINGRICH, privileged resolution and ask for its The Speaker, House of Representatives, Mr. DAVIS. Madam Speaker, I ask immediate consideration. Washington, DC. unanimous consent that all Members The Clerk read the resolution, as fol- DEAR MR. SPEAKER: Pursuant to the per- be permitted to extend their remarks lows: mission granted in Clause 5 of Rule III of the and to include extraneous material in Rules of the U.S. House of Representatives, that section of the RECORD entitled H. RES. 363 the Clerk received the following messages ‘‘Extension of Remarks’’ through Mon- Resolved, That the Honorable CONSTANCE A. from the Secretary of the Senate on Friday, day, February 26, 1996. MORELLA, a Representative from the State of February 2, 1996, at 11:30 a.m.: that the Sen- Maryland, be, and she is hereby, elected ate passed without amendment H.R. 2924. The SPEAKER pro tempore. Is there Speaker pro tempore during any absence of With warm regards, objection to the request of the gen- the Speaker, such authority to continue not ROBIN H. CARLE, tleman from Virginia? later than Tuesday, February 27, 1996. Clerk, House of Representatives. There was no objection.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 1229 H 1230 CONGRESSIONAL RECORD — HOUSE February 6, 1996 COMMUNICATION FROM THE have the honor to transmit a sealed envelope from the President of the United CLERK OF THE HOUSE OF REP- received from the White House on Tuesday, States; which was read and, without RESENTATIVES February 6 at 12:05 p.m. and said to contain objection, referred to the Committee a message from the President whereby he re- on International Relations: The SPEAKER pro tempore laid be- ports that it is in the national interest of the fore the House the following commu- United States to waive restrictions on the To the Congress of the United States: nication from the Clerk of the House of export of U.S.-origin satellites to the Peo- Pursuant to the authority vested in Representatives: ple’s Republic of China, specifically restric- me by section 902(b)(2) of the Foreign tions on the MABUHAY project. HOUSE OF REPRESENTATIVES, Relations Authorization Act, Fiscal With warm regards, OFFICE OF THE CLERK, ROBIN H. CARLE, Clerk, Years 1990 and 1991 (Public Law 101– Washington, DC, February 5, 1996. House of Representatives. 246), and as President of the United Hon. NEWT GINGRICH, f States, I hereby report to the Congress Speaker, House of Representatives, Washington, that it is in the national interest of the DC. WAIVER OF RESTRICTIONS PER- United States to waive the restrictions DEAR MR. SPEAKER: Pursuant to the per- TAINING TO MABUHAY PROJECT mission granted in Clause 5 of Rule III of the contained in that Act on the export to Rules of the U.S. House of Representatives, I ON EXPORT OF UNITED STATES- the People’s Republic of China of U.S.- have the honor to transmit a sealed envelop ORIGIN SATELLITES TO THE origin satellites insofar as such restric- received from the White House on Monday, PEOPLE’S REPUBLIC OF CHINA tions pertain to the COSAT project. February 5 at 10:00 a.m. and said to contain The SPEAKER pro tempore laid be- WILLIAM J. CLINTON. a message from the President whereby he fore the House the following message THE WHITE HOUSE, February 6, 1996. submits the Budget of the United States from the President of the United Government for fiscal year 1997. f With warm regards, States, which was read and, without objection, referred to the Committee ROBIN H. CARLE, COMMUNICATION FROM THE on International Relations and ordered Clerk, House of Representatives. CLERK OF THE HOUSE f to be printed: The SPEAKER pro tempore laid be- BUDGET OF THE UNITED STATES To the Congress of the United States: fore the House the following commu- GOVERNMENT, FISCAL 1997—MES- Pursuant to the authority vested in nication from the Clerk of the House of SAGE FROM THE PRESIDENT OF me by section 902(b)(2) of the Foreign Representatives: Relations Authorization Act, Fiscal THE UNITED STATES HOUSE OF REPRESENTATIVES, Years 1990 and 1991 (Public Law 101– The SPEAKER pro tempore laid be- OFFICE OF THE CLERK, 246), and as President of the United Washington, DC, February 6, 1996. fore the House the following message States, I hereby report to the Congress Hon. NEWT GINGRICH, from the President of the United that it is in the national interest of the Speaker, House of Representatives, Washington, States; which was read and, together United States to waive the restrictions DC. with the accompanying papers, without contained in that Act on the export to DEAR MR. SPEAKER: Pursuant to the per- objection, referred to the Committee the People’s Republic of China of U.S.- mission granted in Clause 5 of Rule III of the on Appropriations and ordered to be origin satellites insofar as such restric- Rules of the U.S. House of Representatives, I printed: have the honor to transmit a sealed envelope tions pertain to the MABUHAY received from the White House on Tuesday, To the Congress of the United States: project. February 6 at 12:05 p.m. and said to contain In accordance with 31 U.S.C. § 1105(a), WILLIAM J. CLINTON. a message from the President whereby he re- I am transmitting my 1997 Budget to THE WHITE HOUSE, February 6, 1996. ports that it is in the national interest of the Congress. f United States to waive restrictions on the This budget provides a thematic export of U.S.-origin satellites to the Peo- COMMUNICATION FROM THE ple’s Republic of China, specifically restric- overview of my priorities as we con- CLERK OF THE HOUSE OF REP- tions on the CHINASAT project. tinue to discuss how to balance the RESENTATIVES With warm regards, budget over the next seven years. It The SPEAKER pro tempore laid be- ROBIN H. CARLE, Clerk, also includes the Administration’s new House of Representatives. economic assumptions. fore the House the following commu- Because of the uncertainty over 1996 nication from the Clerk of the House of f appropriations as well as possible Representatives: changes in mandatory programs and HOUSE OF REPRESENTATIVES, WAIVER OF RESTRICTIONS PER- tax policy, the Office of Management OFFICE OF THE CLERK, TAINING TO CHINASAT PROJECT and Budget was not able to provide, by Washington, DC, February 6, 1996. ON EXPORT OF UNITED STATES- Hon. NEWT GINGRICH, today, all of the material normally ORIGIN SATELLITES TO THE Speaker, House of Representatives, Washington, PEOPLE’S REPUBLIC OF CHINA contained in the President’s budget DC. submission. I anticipate transmitting DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore laid be- that material to Congress the week of mission granted in Clause 5 of Rule III of the fore the House the following message March 18, 1996. Rules of the U.S. House of Representatives, I from the President of the United WILLIAM J. CLINTON. have the honor to transmit a sealed envelope States; which was read and, without THE WHITE HOUSE, February 5, 1996. received from the White House on Tuesday, objection, referred to the Committee February 6 at 12:05 p.m. and said to contain on International Relations: f a message from the President whereby he re- ports that it is in the national interest of the COMMUNICATION FROM THE To the Congress of the United States: United States to waive restrictions on the Pursuant to the authority vested in CLERK OF THE HOUSE OF REP- export of U.S.-origin satellites to the Peo- RESENTATIVES me by section 902(b)(2) of the Foreign ple’s Republic of China, specifically restric- Relations Authorization Act, Fiscal tions on the COSAT project. The SPEAKER pro tempore, laid be- Years 1990 and 1991 (Public Law 101– fore the House the following commu- With warm regards, ROBIN H. CARLE, Clerk, 246), and as President of the United nication from the Clerk of the House of House of Representatives. States, I hereby report to the Congress Representatives: f that it is in the national interest of the HOUSE OF REPRESENTATIVES, United States to waive the restrictions OFFICE OF THE CLERK, WAIVER OF RESTRICTIONS PER- contained in that Act on the export to Washington, DC, February 6, 1996. TAINING TO COSAT PROJECT ON the People’s Republic of China of U.S.- Hon. NEWT GINGRICH, EXPORT OF UNITED STATES-ORI- origin satellites insofar as such restric- Speaker, House of Representatives, Washington, GIN SATELLITES TO THE PEO- tions pertain to the CHINASAT DC. PLE’S REPUBLIC OF CHINA DEAR MR. SPEAKER: Pursuant to the per- project. mission granted in Clause 5 of Rule III of the The SPEAKER pro tempore laid be- WILLIAM J. CLINTON. Rules of the U.S. House of Representatives, I fore the House the following message THE WHITE HOUSE, February 6, 1996. February 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1231 COMMUNICATION FROM THE HON- SENATE ENROLLED BILL SIGNED his report for fiscal year 1995 on each in- stance a Federal agency did not fully imple- ORABLE MARTIN R. HOKE, MEM- The SPEAKER announced his signa- BER OF CONGRESS ment recommendations made by the GAO in ture to an enrolled bill of the Senate of connection with a bid protest decided during The SPEAKER pro tempore laid be- the following title: the fiscal year, pursuant to 31 U.S.C. fore the House the following commu- S. 652. An act to promote competition and 3554(e)(2); to the Committee on Government nication from the Honorable MARTIN R. reduce regulation in order to secure lower Reform and Oversight. HOKE: price and higher quality services for Amer- 2018. A letter from the Federal Co-Chair- ican telecommunications consumers and en- man, Appalachian Regional Commission, HOUSE OF REPRESENTATIVES, transmitting the annual report under the Washington, DC, February 2, 1996. courage the rapid deployment of new tele- communications technologies. Federal Managers’ Financial Integrity Act Hon. NEWT GINGRICH, for fiscal year 1995, pursuant to 31 U.S.C. Speaker of the House, f 3512(c)(3); to the Committee on Government The Capitol Reform and Oversight. Washington, DC. BILLS PRESENTED TO THE 2019. A letter from the Deputy Secretary of Dear Mr. Speaker: This is to formally no- PRESIDENT Defense, transmitting the annual report tify you, pursuant to Rule L (50) of the Rules Mr. THOMAS, from the Committee under the Federal Managers’ Financial In- of the House of Representatives, that Matt on House Oversight, reported that that tegrity Act for fiscal year 1995, pursuant to Felber, District Scheduler in my Fairview committee did on the following day 31 U.S.C. 3512(c)(3); to the Committee on Park. Ohio office has been served with a sub- Government Reform and Oversight. poena issued by the Cuyahoga County, Ohio present to the President, for his ap- 2020. A letter from the Chairman, Equal Court of Common Pleas in the case of Nix v. proval, bills of the House of the follow- Employment Opportunity Commission, Hill. ing titles: transmitting the annual report under the After consultation with the Office of Gen- H.R. 2657. An act to award a congressional Federal Managers’ Financial Integrity Act eral Counsel, I have determined that compli- gold medal to Ruth and Billy Graham. for fiscal year 1995, pursuant to 31 U.S.C. ance with the subpoena is consistent with H.R. 2924. An act to guarantee the timely 3512(c)(3); to the Committee on Government the precedents and privileges of the House. payment of social security benefits in March Reform and Oversight. Kindest personal regards. 1996. 2021. A letter from the Deputy Associate Very truly yours, f Director for Compliance, Department of the MARTIN R. HOKE, Interior, transmitting notification of pro- Member of Congress. ADJOURNMENT posed refunds of excess royalty payments in f Mr. DAVIS. Madam Speaker, I move OCS areas, pursuant to 43 U.S.C. 1339(b); to that the House to now adjourn. the Committee on Resources. The motion was agreed to; accord- 2022. A letter from the Deputy Associate RESIGNATION OF THE HONORABLE Director for Compliance, Department of the RON WYDEN AS MEMBER OF THE ingly (at 8 o’clock and 14 minutes Interior, transmitting notification of pro- UNITED STATES HOUSE OF REP- p.m.), under its previous order, the posed refunds of excess royalty payments in RESENTATIVES House adjourned until Friday, Feb- OCS areas, pursuant to 43 U.S.C. 1339(b); to ruary 9, 1996, at 11 a.m.). the Committee on Resources. The SPEAKER pro tempore laid be- f 2023. A letter from the Director, National fore the House of Representatives the Legislative Commission, the American Le- following communication: from the EXECUTIVE COMMUNICATIONS, gion, transmitting the proceedings of the Honorable RON WYDEN, Member of Con- ETC. 77th national convention of the American gress: Legion, held in Indianapolis, IN, September Under clause 2 of rule XXIV, execu- 4, 5, and 6, 1995 as well as a report on the or- HOUSE OF REPRESENTATIVES, tive communications were taken from ganization’s activities for the year preceding Washington, DC, February 4, 1996. the Speaker’s table and referred as fol- the convention, pursuant to 35 U.S.C. 49 (H. Hon. JOHN KITZHABER, lows: Doc. No. 104–170); to the Committee on Vet- Governor of Oregon, eran’s Affairs and ordered to be printed. Salem, OR. 2012. A letter from the Secretary of the 2024. A letter from the General Sales Man- DEAR GOVERNOR KITZHABER: On January 30, Navy, transmitting notification that the De- ager, Foreign Agriculture Service, transmit- 1996, the citizens of Oregon elected me to the partment of Navy intends to donate to the ting notification that the minimum quantity U.S. Senate to fill the unexpired term of Naval Aviation Museum Foundation two ci- of agricultural commodities prescribed to be former Senator Bob Packwood. I am deeply vilian aircraft currently in the possession of distributed under title III of Public Law 83– honored to have the opportunity to serve our the National Museum of Naval Aviation, 480 during fiscal year 1995 has been amended, state in the U.S. Senate, and plan to begin U.S. Naval Air Station, Pensacola, FL, pur- pursuant to 7 U.S. C. 1721(b); jointly, to the performing those duties on February 5, 1996. suant to 10 U.S.C. 7545(c); to the Committee Committees on Agriculture and Inter- It is my understanding that Oregon’s Sec- on National Security. national Relations. retary of State has certified the election and 2013. A letter from the Assistant Secretary has already transmitted the original docu- for Legislative Affairs and Public Affairs, f mentation of my election to the Secretary of Department of the Treasury, transmitting a the U.S. Senate. copy of the ninth monthly report pursuant PUBLIC BILLS AND RESOLUTIONS Based on this understanding, I will resign to the Mexican Debt Disclosure Act of 1995, Under clause 5 of rule X and clause 4 my House seat representing Oregon’s Third pursuant to Public Law 104–6, section 404(a) of rule XXII, public bills and resolu- Congressional District effective at 8:00 a.m. (109 Stat. 90); to the Committee on Banking and Financial Services. tions were introduced and severally re- (E.S.T.), February 5, 1996. ferred as follows: It is with great anticipation that I look 2014. A letter from the Secretary of En- forward to working with you in the days to ergy, transmitting the quarterly report for By Mr. MCHALE (for himself, Mr. come on a range of issues affecting our state. the strategic petroleum reserve covering the OBERSTAR, Mr. YATES, Mr. MEEHAN, Sincerely, third quarter of the calendar year 1995, pur- Mr. HANSEN, Mr. DURBIN, Mr. REED, RON WYDEN. suant to 42 U.S.C. 6245(b); to the Committee Mr. HINCHEY, and Ms. RIVERS): on Commerce. H.R. 2962. A bill to amend the Internal Rev- f 2015. A letter from the Auditor, District of enue Code of 1986 to disallow deductions for Columbia, transmitting a copy of a report advertising expenses for tobacco products; to entitled ‘‘Analysis of the Revised Fiscal Year the Committee on Ways and Means. ENROLLED BILLS SIGNED 1996 General Fund Revenue Estimates in By Mrs. MEEK of Florida (for herself, Mr. THOMAS, from the Committee Support of the Mayor’s Budget for Fiscal Mr. DAVIS, Mr. HOYER, Mr. MORAN, on House Oversight, reported that that Year 1996,’’ pursuant to D.C. Code, section Ms. NORTON, and Mr. WYNN): committee has examined and found 47–117(d); to the Committee on Government H.R. 2963. A bill to amend subchapter III of truly enrolled bills of the House of the Reform and Oversight. chapter 13 of title 31, United States Code, 2016. A letter from the Comptroller General popularly known as the Anti-Deficiency Act, following titles, which were thereupon of the United States, transmitting the list of to allow the United States to enter into con- signed by the Speaker: all reports issued or released in December tracts or obligations during a lapse in appro- H.R. 2657. An act to award a congressional 1995, pursuant to 31 U.S.C. 719(h); to the Com- priations if the President determines that a gold medal to Ruth and Billy Graham. mittee on Government Reform and Over- sufficient appropriation is likely to be made H.R. 2924. An act to guarantee the timely sight. for that purpose before the end of the fiscal payment of social security benefits in March 2017. A letter from the Comptroller General year, and for other purposes; to the Commit- 1996. of the United States, transmitting a copy of tee on Government Reform and Oversight. H 1232 CONGRESSIONAL RECORD — HOUSE February 6, 1996

By Mr. DAVIS: H.R. 44: Mr. WISE. H.R. 2259: Mr. FOGLIETTA, Mrs. JOHNSON of H. Res. 363. Resolution electing Represent- H.R. 497: Mr. TALENT, Mr. COYNE, and Mr. Connecticut, Mr. ENGEL, Mrs. MEEK of Flor- ative Constance A. Morella of Maryland to COBURN. ida, Mr. BEILENSON, Mr. CARDIN, Mr. FILNER, act as Speaker pro tempore; considered and H.R. 1462: Mr. EHLERS, Mr. BAKER of Cali- Mr. HILLIARD, Mr. TORRICELLI, Mr. GON- agreed to. fornia, Ms. SLAUGHTER, and Ms. DELAURO. ZALEZ, Ms. JACKSON-LEE, Mr. LANTOS, and f H.R. 1547: Mr. TOWNS. Ms. LOFGREN. H. Con. Res. 134: Mr. POMBO, Mr. ADDITIONAL SPONSORS H.R. 1884: Mr. MARTINEZ and Mr. LEWIS of Georgia. BALLENGER, and Mr. ENGLISH of Pennsylva- Under clause 4 of rule XXII, sponsors H.R. 2276: Mr. SCARBOROUGH. nia. were added to public bills and resolu- H.R. 2480: Mr. CANADY. H. Res. 220: Ms. RIVERS and Ms. JACKSON- tions as follows: H.R. 2740: Mr. METCALF. LEE. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, FEBRUARY 6, 1996 No. 16 Senate

The Senate met at 12 noon, and was message to people throughout this Na- We would like to complete action on called to order by the President pro tion and who have planted trees and the farm bill today. It is very impor- tempore [Mr. THURMOND]. forests throughout the land of Israel. tant all across America. We have had a The PRESIDENT pro tempore. To- May we learn to plant at all seasons. real effort to come together in a bipar- day’s prayer will be offered by guest May we plant seeds of goodness and tisan manner. We have not been able to Chaplain, Rabbi Stuart Weinblatt. kindness, of virtue and benevolence. In achieve consensus, but I think there is so doing, may we sow the seeds of a still a lot of bipartisan support for the PRAYER just and reverent society. May our Leahy substitute. If we need 60 votes, The guest Chaplain, Rabbi Stuart deeds be like trees—firmly rooted and we hope we will have the 60 votes. Weinblatt, of Congregation B’Nai, Po- giving much nourishment and suste- I suggest the absence of a quorum. tomac, MD, offered the following pray- nance. The PRESIDING OFFICER. The er: May we be touched by the Jewish clerk will call the roll. As we gather together in this hal- tradition’s teachings which likens The legislative clerk proceeded to lowed Hall and sacred institution, we trees to wisdom and life itself; so too call the roll. pray dear God for guidance and wis- may we bring that message to others. Mr. ASHCROFT. Mr. President, I ask dom, for temperance and prudence. Let us say amen. unanimous consent that the order for May this body’s quest for justice be f the quorum call be rescinded. tempered by mercy and compassion. The PRESIDING OFFICER. Without May those who have been chosen to RECOGNITION OF THE MAJORITY objection, it is so ordered. serve this great Nation be imbued with LEADER Mr. ASHCROFT. I ask unanimous the sense of awe and humility which The PRESIDENT pro tempore. The consent to speak as in morning busi- will enable them to execute their du- majority leader is recognized. ness. ties with decency, dignity, and sanc- f The PRESIDING OFFICER. Without tity. May their actions, deliberations, objection, it is so ordered. and decisions be made with the rec- SCHEDULE f ognition that all are created in the Mr. DOLE. Mr. President, there will image of the Almighty. May they be be a period for morning business until WELFARE guided by the ethics and ethos of the the hour of 12:30 p.m., with Senators Mr. ASHCROFT. Mr. President, the treasured teachings and eternal words permitted to speak for up to 5 minutes business of the Senate has been con- of wisdom which have inspired people each. At the hour of 12:30 there will be suming and demanding this year. The throughout the ages. the swearing in of Senator RON WYDEN debate over the balanced budget In that spirit, we note that this time of Oregon. amendment and the debate over the of year is referred to on the Jewish cal- I now ask unanimous consent that achievement of a budget which will endar as Tu B’Shevat, the New Year of immediately following the swearing in, protect the fiscal integrity of this the Trees. the Senate stand in recess until the country and bring us into balance in Since ancient times, this day, in the hour of 2:15 today in order for the the next 7 years has been an important dead of winter, serves to remind us of weekly policy conferences to meet. one and it is a necessary one. It has the human responsibility to care for The PRESIDING OFFICER (Mr. consumed much of our energy and the the Earth, affirms the importance of BURNS). Without objection, it is so or- opportunity of this Senate. planting trees, and thus asserts the in- dered. I think it is important for us to un- tricate relationship between humanity Mr. DOLE. Mr. President, following derstand while this is a task which and the environment in which we live. the policy conferences, the Senate will must compel and will compel our at- And so, may we be inspired by the resume consideration of the farm bill, tention, it must not do so to the exclu- custom of planting trees this season, in which there will be a cloture vote. I sion of another important agenda that and of the concept of recognizing the am not certain when, but probably is essential to the progress that the importance of giving back to the early afternoon. Under the order, the American people sent us here to make. Earth. May we be inspired by the work cloture vote is on the Leahy substitute The American people not only sent us of the Jewish National Fund and by amendment. All Senators have until here to protect the fiscal health and in- those who have contributed to this ef- 12:30 today to file first- and second-de- tegrity of the economics of the United fort which has helped to bring this gree amendments to that substitute. States of America, but they expect us

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S 875 S 876 CONGRESSIONAL RECORD — SENATE February 6, 1996 to protect the physical health and the able resource of a society, develop a on the right, an operation on the left, integrity of the people of America, in value only in the devaluing checks of and we have a revolution to wage in particular of the people who have been an entitlement system. It is time we terms of rescuing what we believe is the victims of a welfare system the reform that system. We had an oppor- the greatest of all the cultures that consequences of which have been trag- tunity to do so and the President ve- have ever graced this planet, the free ic, to say the least. toed it. We cannot leave this task un- culture in the United States of Amer- The welfare reform debate is not a done because the President vetoed wel- ica. We cannot turn our backs on the debate about a revolution for a change. fare reform measures. We must proceed tragedy of welfare. It is literally a debate about a revolu- to change the system. So, today I rise, grateful for this op- tion for survival. If we do not reform Our system has been rewarding the portunity to say we must look again to the welfare system there are going to wrong values. We have rewarded deca- the responsibility that we have, to the be continuing numbers of individuals dence—the out-of-wedlock birth rate call which we have received, to the de- who simply will not survive in America has exploded from 5.3 percent in 1960 to mand which the American people are because our welfare system not only 33 percent in 1995. That is up to 80 per- making upon us, to the expectation of dehumanizes and devalues them, but it cent in some of the cities of this coun- this culture and to the duty we owe literally threatens their continuing ex- try. We need to replace that system, young people. It is a duty to protect, istence. which values decadence and rewards it yes, their fiscal integrity and their fi- The welfare reform debate is not just with checks, with a system that values nancial futures, but it is also a duty to about change, it is about restoring and rewards decency. protect the very lives and the values hope, restoring dignity to the lives of Our system has rewarded dependence. and the potentials which they have. individuals where hope and dignity More than 3 million of the 5 million When we subsidize decadence as op- have been destroyed. The missing in- welfare recipients will be on the rolls posed to decency, when we subsidize gredient in the current welfare system for more than 8 years. The average debt as opposed to dignity, and when is the ingredient of hope, and the rec- length of time a person is on the wel- we subsidize dependence as opposed to ipe for recovery must reinstitute hope. fare system is 13 years. It is a system integrity and industry, I believe we There is a structural problem with the that rewards dependence rather than have to change that system and change current exclusively governmental sys- discipline. It is time for our system to it dramatically. tem which precludes hope, which must be changed. The opportunity that we So, I thank you, Mr. President, for exist if people are to get back on their had, and that we capitalized on to re- this opportunity to speak, to remind feet. form the system, would have sub- the U.S. Senate that its obligation is This is a matter of human survival stituted discipline for dependence. It is substantial, its opportunity is signifi- and national sustenance and surviv- time for our system to reward dis- cant, and the consequences of inaction ability. If our society is to be sus- could be as tragic as the system which tained, to survive to be successful in cipline. We have established, as the way of is the status quo, because, unless we the next century, we must end the cur- operating in Government, a system of act to reform and to change it, we will rent welfare tragedy. It is tragic, in- debt. We need to replace that system of have to live with it. And living with it deed, that the Congress, which has debt with a system of dignity, of integ- has had deadly consequences. acted to help end this tragedy, has rity, of paying for the things we Mr. GRAMS addressed the Chair. been met with a Presidential tragedy: The PRESIDING OFFICER. The Sen- consume rather than displacing the That is, the President has vetoed the ator from Minnesota. costs of what we consume to the next effort of the Congress to stop this f human cost of America’s greatest trag- generation. But the devaluing system edy, our welfare system. of welfare dependence and decadence OF POLLS, POLITICIANS, The President had the opportunity to has been a system which has driven the PROMISES, AND PRINCIPLES reform the system but he vetoed it. debt. Mr. GRAMS. Mr. President, I hope Congress acted to stop rewarding ille- We simply have to make a commit- my colleagues made time last week to gitimacy, and the President vetoed it. ment within ourselves that we are not study a poll printed in the Washington Congress acted to stop penalizing mar- going to let this issue die. We are not Post. It took a close look at the Amer- riage, undermining families, and the going to walk away from the mandate ican people and their relationship with President vetoed it. Congress acted to of the American people to wage a war the political process, and it was, at the stop the culture of entitlement, where on poverty. We cannot leave in place a same time, both enlightening and individuals are conditioned to expect system that subsidizes decadence, that frightening. from Government rather than to work subsidizes dependence, that encourages Mr. President, 40 percent of those re- within themselves to solve problems, debt—no. Our war on poverty will have sponding to the poll did not know the and the President vetoed it. to have a fundamental element of hope name of the current Vice President; 40 The tragedy of our welfare system is and will have to replace decadence percent of Americans were not aware borne out in the lives of the children of with decency, replace dependence with that Republicans control both Cham- America, in the horror stories of oppor- integrity, independence and work, and bers of Congress; 56 percent of the peo- tunities that have been dashed, futures replace debt with discipline. ple surveyed could not name even one that have been destroyed. I will not The welfare reform measure which of their Representatives in the Senate; burden you with a litany that is all too Congress passed provided us with an and 74 percent were not aware that we familiar, but I think of one of the chil- opportunity to change our current sys- serve 6-year terms. dren, little Ariel Hill, who was less tem—an opportunity that was extin- Fully 67 percent of the people who than a year old when she died, weigh- guished at the hand of a President who answered the survey did not know that ing only 7 pounds at her death. Her vetoed welfare reform. We must reform the U.S. Senate had passed a plan to mother was an addict sustained by a a system which is not only costing balance the Federal budget. system which makes no judgment children in many cases their lives and The newspaper makes the argument about behavior, but just continues to their futures, but is undermining a set that the problem lies in education— reinforce behavior regardless of its of values upon which this country must that the more knowledge an individual counterproductivity. Her mother, irri- march forward. has about the political process, the tated with Ariel’s crying one after- We must not turn our backs on this more likely they are to care about noon, scalded her in a sink of hot tragedy. We can ill afford to think that what we are doing here in Washington. water. When the investigators came to because there is a controversy on the But I think an equally compelling case the apartment after Ariel’s death, they budget that we can exclusively focus can be made that after decades of bro- found a list of the children in the on it. We must address it. We must ken political promises, the voters have household and the amount of welfare continue to be involved. But this war, been conditioned to tune us out. They that each child brought to the family. this opportunity for change, cannot be do not care about us because they be- That is the tragedy of the welfare confined to a single front. The budget lieve that, deep down, we really do not system where children, the most valu- is important, but we have an operation care about them, either. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 877 We should not be concerned that the Today, those 16 blocks are littered with cal climate, Congress must start tak- people do not know our names or the legislative casualties that never had a ing these small steps in order to reach length of our terms or who controls chance against the veto pen of a Presi- our larger goals. One of the papers in which Chamber. But we ought to be dent who is dead set against even the my home State interviewed a number deeply troubled that so many people most basic reforms. of Minnesotans last week and asked seem to have lost faith in us. And we Congress sent the President a bal- what they thought about Congress and should be especially concerned that the anced budget that acknowledges it is the President and our accomplishments poll reflects these things at a time morally wrong to pass the debts of one of the past year. I thought the com- when Congress has made promises, generation onto the next. He vetoed it. ments made by the mayor of Woodbury kept them, and has demonstrated a sin- We sent the President a tax relief were the most insightful. He said, cere commitment to turning this Gov- package that offers a $500-per-child tax We watch with interest but quite a bit of ernment around. credit—and a lot of hope—to every disappointment. They are more concerned Mr. President, when the 104th Con- middle-class, American family. He ve- out there with their political one- gress was gaveled into session a year toed it. upmanship, political brinkmanship, political ago, there were high expectations. We sent the President a bill that de- hassle of each other. There is a big gap in There had been a dramatic transfer of livers on his promise to ‘‘end welfare as quality leadership. power. People called it a sea change, a we know it.’’ He said he liked it. Then Those are the very same thoughts revolution. he vetoed it anyway. being reflected in the kind of polls we There was a radical, new message We sent the President a plan that saw in the Washington Post. Mr. Presi- that had begun to break through the moves Medicare into the 1990’s, rescues dent, if we are going to begin restoring noise of the usual political rhetoric. it from bankruptcy, and reforms the the people’s faith in their Government, We talked about new solutions. We system by offering seniors something we are going to have to earn it through talked about Government as a service they have never had access to through quality leadership, and we are going to provider, not our national nanny, or their Government-provided health care have to do a better job of communicat- caretaker. We talked about making plan and that was real choice. Once ing our successes. Every American Washington more accountable to the again, he killed it with a veto. Given needs to know that this Senate passed taxpayers, and a more efficient yesterday’s troubling news that the a balanced budget. More importantly, consumer of taxpayer dollars. We Medicare trust fund lost money in 1995 every American needs to know that we talked about shifting the focus of the for the first time in 23 years, a full are not giving up until President Clin- Federal Government from advocacy on year earlier than expected, and may ton has signed a balanced budget into behalf of tax recipients to advocacy on not survive until 2002, the President’s law. behalf of the Nation’s taxpayers. veto appears even more shortsighted I yield the floor. We talked every day about our chil- and misguided. Mr. CRAIG addressed the Chair. dren and grandchildren, and what kind Mr. FORD. Mr. President, will the The PRESIDING OFFICER. The Sen- of future we would be leaving them if Senator yield for a question? ator from Idaho. we turned our backs and did nothing. Mr. GRAMS. When I am through, I One year later, our message has not will yield for a question. f changed, and we have passed a great Mr. FORD. I am sure it was part A, THE FARM BILL deal of legislation in the last year to not part B. The Senator went over it put real muscle behind our promises. with a broad brush. Mr. CRAIG. Mr. President, this after- But we did not count on running head- Mr. GRAMS. It is part A. Congress noon the Senate will once again at- long into an obstructionist President, delivered tax relief, Medicare and wel- tempt to wrestle with one of its key re- gunning for reelection, who was willing fare reform, and a balanced budget to sponsibilities to American agriculture, to deny the people a better tomorrow the White House just as we promised and that is to pass legislation that will in order to preserve the status quo. the American people we would, and craft new farm policy for our country Mr. President, up until last year, I they were all returned to us ‘‘V–O–A’’— and send the necessary message as to believed wholeheartedly in a mathe- ‘‘vetoed on arrival.’’ So much for high what we expect American agriculture matical absolute I first learned in high school geometry. to do in relation to farm programs di- school geometry—that the shortest dis- What I have come to realize, Mr. rected by the U.S. Department of Agri- tance between two points is a straight President, is that sometimes, the culture. line. The idea has been around for so shortest distance between two points is I found it interesting yesterday that long—since the time of the ancient not a straight line at all, but the route President Clinton has submitted his Greeks, in fact—that I never consid- with the least congestion. What I want 1997 budget when we do not even have ered questioning it. But what I learned to assure my fellow Americans is that a 1996 budget, and we find ourselves during the first session of the 104th from now on, Congress will follow here on the floor of the Senate today Congress has forced me to rethink whatever line takes us where we need debating agriculture because the Presi- those early geometry lessons. to go, and if that means bypassing the dent vetoed agriculture. So while the You see, there is no line more gridlock on Pennsylvania Avenue at President is now off campaigning straight than the 16-block stretch of the White House, so be it. We will not across the country waving a 1997 budg- Pennsylvania Avenue that runs be- be deterred from pursuing the prin- et, the Government does not have a tween the U.S. Capitol and the front ciples of individual freedom and re- 1996 budget, and we do not have a farm door of the White House. So when the straint in Government that have al- policy. American people elected a new Con- ready brought us this far. We moved an The Secretary of Agriculture has just gress on our pledge to balance the important step forward recently with entered the floor. By the 15th of this budget, cut taxes, repair the welfare the passage of the Balanced Budget month, he is going to arrive at a crisis system, and save Medicare, it stood to Downpayment Act. The President may point in having to deal with the imple- reason that the road to enacting those have vetoed our balanced budget plan, mentation of 1949 agricultural policy. fundamental reforms, in the shortest but our downpayment on it moves us Last Friday on the floor of this Sen- amount of time, would be a straight $30 billion closer to a balanced budget, ate, the Democrat leader and his party line as well: Congress would pass the and keeps our children from going an- blocked a farm bill. We offered a bipar- laws, we would send them up Penn- other $30 billion in debt, by eliminating tisan farm bill, Democrats and Repub- sylvania Avenue to the President, and a host of wasteful Government pro- licans alike. Senator LEAHY of Ver- he would sign them. grams. It was not what the President mont, who is just about as liberal as I But this President has managed to wanted. In fact, his latest budget does am conservative, came together in a distort the laws of mathematics so not make any serious reductions in bipartisan bill. Once again we were de- badly that Pennsylvania Avenue has Government spending until the year nied the opportunity to vote on that become not a straight line, but a tan- 2000. But Congress controls the Na- because we were told it would be gled trail culminating in a dead end. tion’s purse strings and in this politi- blocked. S 878 CONGRESSIONAL RECORD — SENATE February 6, 1996 I hope today that we can deal with a Mr. President, I am stunned listening draft at least an extension of the farm farm bill and send the appropriate mes- to my good friend from Idaho talk bill of the past 5 years and extend it for sage to American agriculture. But yes- about the politics of the season. If a year and make certain that we do not terday, I think Robert Shapiro, the talking about the politics surrounding make the gargantuan mistakes that we president of the Progressive Policy In- the vote this afternoon on a bill that are likely to make today by enacting stitute, which is a centrist Democrat the U.S. Senate Agriculture Committee the Freedom to Farm Act. leadership council arm, said it very has never had hearings on, has never Mr. President, I think the appointed clearly: The President’s budget is not passed, when the other party has frozen hour has arrived, and I therefore yield about dollars; it is about politics. He this side of the aisle totally out of any the floor. said we are now in a political season, negotiations relative to meeting our The PRESIDING OFFICER. Who and the President did this for politics. commitment to an agriculture bill for seeks recognition? The politics that is being played on the the farmers of this country—they come Mr. CRAIG addressed the Chair. floor of the U.S. Senate right now may forward with something known as the Mr. FORD. The time has expired. be good for one party or another, but it freedom-to-farm-bill. The freedom-to- The PRESIDING OFFICER. The Sen- is not good for American agriculture. farm bill, Mr. President, frankly, is a ator from Idaho. So, Mr. President, pick up the phone bill that the farmers in France should Mr. CRAIG. I would note the absence and call your people here in the Senate love. Our competitors overseas should of a quorum. and say let us get an agriculture bill so love the freedom-to-farm bill because The PRESIDING OFFICER. The that the Secretary of Agriculture does what it is going to mean is that our clerk will call the roll. not have to deal with the kind of dra- farmers are going to be unable to com- The legislative clerk proceeded to conian things that he may be forced to pete in the international and world call the roll. do to send a shock wave through Amer- markets. This bill spells doomsday for Mr. DOLE. Mr. President, I ask unan- ican agriculture by implementation of the farmers of America. It spells imous consent that the order for the the 1949 farm policy. That is not good doomsday for the agriculture programs quorum call be rescinded. government. That is not the kind of in our country that are the envy of the The VICE PRESIDENT. Without ob- government we need to deal with. world. jection, it is so ordered. So I hope we can arrive at a solution Mr. President, I cannot believe that f this afternoon. But, Mr. President, in my friend from Idaho is talking about ADMINISTRATION OF OATH TO closing, because I know our time is up the politics of the moment when it is RON WYDEN, SENATOR FROM here at about 12:30, I am told that there his party that has prevented a real de- OREGON are now 240-plus amendments filed at bate on the 1996 agriculture bill to take the desk on the Lugar-Leahy-Craig al- place. This bill was written by budget- The VICE PRESIDENT. The Chair ternative bipartisan farm bill. That eers. It was not written by the Agri- lays before the Senate the certificate sends a very simple message to me. culture Committee in the House or in of election of the Honorable RON There is not going to be a farm bill the Senate. It was written by the budg- WYDEN as a Senator from the State of today. It is impossible to deal with it et committees, Mr. President. My Oregon. after 61⁄2 months of intensive extensive friend from Idaho knows that. Without objection, it will be placed hearings before the Senate Agriculture Mr. DORGAN. Mr. President, will the on file and the certificate of election Committee when American agri- Senator yield for a question? will be deemed to have been read and culture, almost per organization, said Mr. PRYOR. Yes. printed in the RECORD. do not simply reinstate farm policy, Mr. DORGAN. Mr. President, I ask There being no objection, the certifi- but reform it and clean it up. And that the Senator from Arkansas if we find cate was ordered to be printed in the is what we have done in trying to build ourselves in the circumstance that for RECORD, as follows: this. the first time in history the farm bill CERTIFICATE OF ELECTION FOR UNEXPIRED I am not sure where we go from here. was stuck in the budget reconciliation TERM, UNITED STATES SENATOR, STATE OF I hope we can get the 60 votes this bill last year. So there was no farm bill OREGON, SECOND POSITION afternoon so that we can move forward debate on the floor of the Senate. It To the President of the Senate of the United and get the 1996 work done before our was supposed to happen last year, but States: President is off campaigning on 1997 it did not happen. This is to certify that on the 30th day of I think that it probably is not very January, 1996, Ron Wyden was duly chosen budgets that do not balance while he is by the qualified electors of the State of Or- President, assuming he might get important to talk about what happened egon a Senator from said State to represent elected another term. I find it very in- yesterday. The question is, what hap- said State in the Senate of the United States teresting that his own people are now pens today and what happens tomor- for the unexpired term, ending at noon on saying it is not policy; it is all politics. row? The issue for us is, what about the the 3rd day of January, 1999, to fill the va- Well, we knew that. He knows that. future of family farming in this coun- cancy in the representation from said State But it is a very dangerous kind of poli- try? Will we have family farmers in the in the Senate of the United States caused by tics, a very dangerous kind of politics future or not? Will we simply have the resignation of Bob Packwood. giant agri-factories farming from Cali- Witness: His excellency our Governor, for American agriculture. John Kitzhaber and our seal hereto affixed at Historically, Mr. President, we have fornia to Maine? Do we care about the Salem, Oregon this 2nd day of February, in always crafted a bipartisan farm bill. I future of family farmers, or do we not? the year of our Lord 1996. see the Senator from North Dakota on Is that not the real issue before us? By the governor: the floor. He has talked about that. I This is not about politics. It is about JOHN A. KITZHABER, have worked with him. I have worked policy and who cares about the future Governor. with other Senators on the floor to of family farmers. PHIL KEISLING, craft a bipartisan approach to farm Mr. PRYOR. I will answer my friend Secretary of State. policy. I hope that is what we can ac- from North Dakota by saying that just The VICE PRESIDENT. If the Sen- complish this afternoon before the po- a few months ago, I went before our ator-elect will present himself at the litical season gets so hot that we can- farm bureau organization down in Ar- desk, the Chair will administer the not get any work done. kansas. I spent about an hour and a oath of office as required by the Con- If that is the case, we probably lose. half visiting with them. They begged stitution and prescribed by law. But someone else loses, and that is the me and they pled with me to oppose Mr. WYDEN of Oregon, escorted by American farmer and American agri- the Freedom to Farm Act. Now, sud- Mr. HATFIELD of Oregon, advanced to culture. denly, they have made a reversal. They the desk of the Vice President; the Mr. PRYOR addressed the Chair. say, ‘‘Well, maybe it is the best we can oath, prescribed by law, was adminis- The PRESIDING OFFICER. The Sen- do.’’ tered to him by the Vice President; and ator from Arkansas is recognized. Mr. President, I do not think it is the he subscribed to the oath in the official Mr. PRYOR. Mr. President, I thank best we can do. I think that we can do Oath Book. the Chair for recognizing me. better. I think that we can go back and [Applause, Senators rising.] February 6, 1996 CONGRESSIONAL RECORD — SENATE S 879 The VICE PRESIDENT. The minor- From 1902 to 1994, voters put 272 ini- tional level. Motor-voter has increased ity leader. tiatives on the ballot, of which 95 access to the voter registration proc- Mr. DASCHLE. Mr. President, I will passed and became law. This was a his- ess. That increased access has bene- be very brief. While Senator WYDEN toric change in the political process, fited both political parties, not one greets his new colleagues, let me just and soon many other States followed. over the other. say how much we appreciate his pres- Ninety years later, Oregon continues The editorial board of the Washing- ence and how delighted we are he has to take the lead in democratic innova- ton Post yesterday declared that Or- now joined our ranks. My wife, Linda, tions. The special election for the U.S. egon’s experiment in vote-by-mail elec- and I want to congratulate his wife, Senate in which RON WYDEN was elect- tions was a success. The editorial con- Laurie Wyden, and his children, Lilly ed was conducted entirely by mail. tinued stating ‘‘a State with a long- Wyden and Adam Wyden, as they cele- From the primary to the general, Or- standing reformist tradition may thus brate their father’s victory, as well. egon became the first State to conduct have pointed the way toward expanded We are very enthusiastic about the a mail-only election to fill a Federal political participation and at a mo- opportunity to serve with Senator vacancy. This experiment in democ- ment when voters are so widely de- WYDEN. We look forward to a long and racy was a dramatic success. Sixty-six scribed as fed up with (and indifferent productive career for him in the Sen- percent of Oregon’s 1.8 million reg- to) politics.’’ ate. istered voters cast ballots in the gen- Increasing the number of those who take part in the electoral process is Let me thank him for all of his good eral election. By comparison, a 1993 critical to ensuring the vitality of de- service in the years he has already Texas Senate race only saw a 21-per- mocracy. The greatness of our Republic served in the House of Representatives, cent turnout. By anybody’s count, vot- was founded on and rooted in a broad and let me again express our enthu- ing by mail has dramatic, positive im- base of voter participation. siasm and our congratulations to him pact on voter participation. We are the Government of the people, personally. Voter turnout has reached dismal by the people, and for the people, and if Let me also congratulate the State of proportions in this country. People the people cease to participate, then Oregon for the fine way with which it have become disenchanted with the en- our system is in danger. conducted the campaign. They may tire political system, and they are de- So I take this occasion to congratu- have set a new marker for the rest of clining to become involved. A recent late RON WYDEN in his victory and Or- us and yet another example of democ- national survey by the Washington egon with experimenting with a new racy at its finest. We will look with Post, Harvard University, and the Kai- innovation. great interest as other States experi- ser Family Foundation, found a wide- [Applause.] ment with mail-in balloting. If it will spread contempt for Government and Mr. DOLE. Mr. President, with the produce the same result as the result political leaders. When asked how oath of office just administered, RON in Oregon, let me say, I enthusiasti- often do you trust the Government in WYDEN becomes the 1,827th person to cally endorse it. Washington to do the right thing, only have served in the U.S. Senate. And on [Applause, laughter.] 25 percent responded that they trust behalf of Senate Republicans, I wel- The VICE PRESIDENT. The senior the Government a majority of the come our newest colleague to the Senator from Oregon. time. Chamber, and I welcome the many Or- Mr. HATFIELD. Mr. President, I am egonians who join us in the gallery for not going to be quite as brief. Last this occasion. week, Oregonians chose RON WYDEN as This conclusion paints a grim picture Under the Senate rules, Senator their new U.S. Senator in a special of the democratic future of this coun- WYDEN is now our most junior mem- vote-by-mail election. This was a close- try, and restoring public trust in Gov- ber—ranking 100th in seniority. That is ly contested election with RON WYDEN ernment is the greatest challenge con- exactly the same position Senator HAT- prevailing with 48 percent of the vote. fronting each of us who holds elected FIELD from Oregon found himself in Today, Congressman WYDEN becomes office. With politicians ranking below when he came to the Senate 29 years Senator WYDEN. He brings with him al- dog-catchers in public opinion polls, ago last month. most 16 years of service to Oregon in steps need to be taken to improve the And I think most of my colleagues the House of Representatives and, more public’s perception of our profession. would agree with Senator HATFIELD, important, he brings a keen intellect It is my commitment to restoring who said recently that when he came and an understanding of the important public confidence in the political sys- to this Chamber, he thought the se- issues facing our State. He also pos- tem that undergirds my support for niority system was a bit silly. But the sesses a very gifted and able staff, measures that increase voter participa- longer he stayed here, the more sense which I am confident will make the tion. Citizens will continue to hold our it made. I know that Senator WYDEN has a transition from the House of Rep- institutions in ill repute as long as great deal of respect for Senator HAT- resentatives to the Senate swiftly and they remain disillusioned with the sys- FIELD, and no doubt about it, there is with competence. tem. It is when people become a part of no better guide in explaining the Sen- Senator WYDEN has proven that he is the process, when they have a stake in ate rules, procedures, and traditions— dedicated to the people of Oregon. the outcome, do they begin to under- many of which are very different from After spending 2 months campaigning stand and trust their Government. the House, where Senator WYDEN Oregon’s experience in voting by mail across the State, he has now an even served for the past 15 years. better understanding of the unique, was a success because it broadened the One of the differences is that in the independent spirit that typifies the base of political participation. The House there are limits on how long citizens of our State. My overall goal same principle undergirded our support Members can speak, while there is no throughout my entire tenure in the for the national voter registration, such limit in the Senate. Senator Senate is to improve the quality of life commonly known as motor-voter. That THURMOND holds the record, speaking for all Oregonians. This is a goal I became law during the 103d Congress, on one occasion for 24 hours and 18 know is shared by Oregon’s new Sen- and the law provides national uniform- minutes. And I would suggest to Sen- ator. ity in access to the electoral process by ator WYDEN that is one record he might Oregon’s independent traditions have allowing voter registration through the not want to break—especially with all often placed our State at the cutting mail and at government agencies and his family and friends present today. edge of democracy. In 1902, voters cre- at departments of motor vehicles Another tradition here is that for the ated the initiative and referendum. throughout the country. But Oregon past many decades, Senators have writ- This process allows citizens to propose preceded this national law. Oregon was ten their name in the drawer of the new laws or change in the State’s con- one of the first States to experiment desks we are assigned here on the floor. stitution through an election-ballot with motor-voter, and the success we The desk I occupy, for instance, has measure. This change allowed a shar- experienced in the laboratory of our served as the desk of the Republican ing of power between the State legisla- State convinced me that our innova- leader for over half a century. In fact, ture and the electorate. tion was worthy of trial on the na- the first Republican leader to sign this S 880 CONGRESSIONAL RECORD — SENATE February 6, 1996 desk was Senator Charles McNary of talking to farmers about what needs to continue to go with a regulated Gov- Oregon. be accomplished in future farm pro- ernment system, the Department of Senator WYDEN’s desk also has a long grams. The message was loud and Agriculture defines which crops must history. And I note that the last 13 clear: flexibility, certainty, and less be planted. Indeed, it is true that Senators to have occupied it were Re- Government involvement. Both S. 1541 wheat and corn are probably best suit- publicans, and hope that some of that and the Craig-Leahy compromise would ed to much of our soil. But who is to heritage will rub off on Senator provide all of those things. say that some new crop might not be WYDEN. Mr. President, S. 1541 would provide experimented with and might come Finally, let me admit that it is no se- greater economic stability to produc- forth. cret that Senate Republicans were hop- ers. Producers in South Dakota are It is said if we have the Freedom to ing for different results in Oregon’s telling me not to extend the 1990 farm Farm Act that, after 7 years, the farm- very close election. bill, and by all means do not let the un- ers will be left on their own. That is But I take heart in the fact that even derlying 1949 act be the operative act not necessarily true. Just like with a 5- though Senator WYDEN is the 47th for 1996. After careful review, many year farm bill, the Congress does some- Democrat Senator, he is also the producers say, support S. 1541. thing new afterward. If the Congress in fourth Senator in this Chamber to have There will be a lot of unwarranted 7 years finds that the farmers are in been born in Kansas, and certainly that criticism expressed over S. 1541. Those need of it, they can pass a farm bill. will help him a lot here. opposed to the bill say we need a per- They can even reinstitute the present Senators KASSEBAUM, SPECTER, and manent safety net for farmers. I say farm bill if they wish. So that is not a myself welcome you to the Kansas cau- there is nothing permanent about Fed- good argument. cus, Senator WYDEN, and we will get eral farm policy. The past farm bills In talking to my farmers in South back to you later about the time and were not permanent. All generally cov- Dakota, they like freedom to farm. My place of our next meeting. ered periods of 4 or 5 years. farmers like the concept of flexibility [Applause.] Mr. President, S. 1541 would provide a of crops. The farmers in South Dakota f 7-year plan. Unless economic condi- like the concept of doing away with all the paperwork and Government regula- RECESS tions warrant an earlier revisitation of Federal farm policy, we will no doubt tion that has built up around this pro- The VICE PRESIDENT. The Senate be putting together a new farm bill in gram. will stand in recess until 2:15 p.m. 2002. So S. 1541 does not eliminate the There are those who would say we Thereupon, the Senate, at 12:53 p.m., should not abolish the 1938 and 1949 Ag- recessed until 2:15 p.m.; whereupon, the real safety net for farmers, which, frankly, is the Congress itself. Those ricultural Acts. I disagree. It is time to Senate reassembled when called to abolish those acts because they are ob- people who say there will be no farm order by the Presiding Officer [Mr. solete. Now is the time for forward programs after 7 years simply are not COATS]. thinking reforms. We should not be in shooting straight. Past farm bills never Mr. PRESSLER. Mr. President, I ask a position of carrying forward outdated carried assurance of future farm prod- unanimous consent to speak as in and ineffective 50-year-old farm poli- ucts except for 1938 and 1949 Agricul- morning business. cies as the basis for agricultural plan- tural Acts. The PRESIDING OFFICER. Without ning in the 21st century. Mr. President, let me summarize my objection, it is so ordered. Opponents of S. 1541 want to extend f position. Congress should pass a farm existing farm policy for 1 or 2 years. bill now. We are ready to act. It is my THE FARM BILL Mr. President, the one thing my pro- recommendation if we cannot adopt ducers have made abundantly clear is Mr. PRESSLER. Mr. President, I sup- the freedom-to-farm bill, we should they do not want the Federal Govern- port the freedom-to-farm concept. adopt the Leahy-Craig substitute, ment telling them what they can or Most farmers in South Dakota that I which is the freedom-to-farm bill with cannot plant, and making other deci- have talked to want the freedom-to- amendments. We cannot even adopt sions for them. They want, and de- farm concept. amendments to that since there is basi- serve, full flexibility. An extension of The Senate is in a filibuster situa- cally a filibuster going on here. We existing policy means that Government tion, although the word ‘‘filibuster’’ is have to produce 60 votes in order to will continue to dictate farming prac- not being used. We are not being al- proceed. tices. This simply is unacceptable. lowed to proceed to the farm bill by the I implore my colleagues to let us pro- Under S. 1541, producers would have Democrats. We must produce 60 votes ceed on the farm bill, offer amend- greater planting flexibility. Producers in order to proceed. We apparently do ments, as we have in the past in good would have the opportunity to respond not have 60 votes, at least not up to faith here, in a bipartisan way. Let us to market conditions. This is vital for this point. amend the Craig-Leahy substitute. We their economic survival. Opportunities People should understand that many are ready to go. would be endless. Producers would not of us want to pass a farm bill. If we Our farmers are ready to go to the lose payments if they decided to plant were permitted to proceed to the bill, fields soon to plant. They are making new and innovative crops. we could then start offering amend- their plans with their bankers now. Mr. President, S. 1541 is supported by ments and begin discussion. However, They need certainty. the South Dakota Farm Bureau, the the other side is not allowing the farm Federal Reserve Board Chairman South Dakota Corn Growers, and many bill to come up. Alan Greenspan and others have esti- farmers throughout South Dakota. Mr. President, I urge my colleagues mated that commodity prices in the They see great opportunities for them to consider supporting S. 1541, the Ag- next 5 years will be very high because in their operations. A recent study by ricultural Market Transition Act. of demand in China and other demand the Food and Agricultural Policy Re- Should cloture not be invoked on S. overseas. The biggest farm bill we search Institute showed that S. 1541 1541, I urge my colleagues to support could adopt is probably a balanced would bring higher prices for corn, soy- the compromise offered by the Sen- budget, because if we have a balanced beans, and all livestock over the next ators from Idaho and Vermont, Senator budget we will have low-interest rates 10 years. Current high prices for wheat CRAIG and Senator LEAHY. Their for farmers and businessmen. We also also would be maintained. amendment incorporates all of S. 1541 will have a stable dollar for inter- Under S. 1541, net farm income is es- and includes a number of other re- national trade. I believe we can have a timated to increase from $38 to $50.4 forms. If we do not have the Freedom booming agriculture for the next 5 billion in 10 years. In addition, farm to Farm Act, we could have the Leahy- years if we have a balanced budget and program payments would be reduced Craig substitute, which has the free- if we move toward the concepts in free- from $6.4 billion in 1995 to $5.04 billion dom to farm but includes a number of dom to farm. in 2005. In short, S. 1541 would increase reforms. Mr. President, our farmers want farm incomes while lowering farm pro- Mr. President, I was recently back flexibility—that is to be able to plant gram costs to our taxpayers. That is a home in South Dakota and spent time new crops and different crops. If we great deal. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 881 The last point is important if we are The PRESIDING OFFICER. Without bility, that is not the fact. It is a false to reach our primary goal of a balanced objection, it is so ordered. choice. budget. Mr. President, farmers and f No farm program proposal that I ranchers are some of the strongest sup- know of before this body would require THE FARM BILL porters of balancing the Federal budg- that we be in that circumstance. No- et. Mr. DORGAN. Mr. President, I appre- body is offering a choice in which farm- A balanced budget would be great ciate the indulgence of other Senators. ers will be required to be told by the news for South Dakota farmers and My intention was that if we have some Federal Government what their plant- ranchers and their families. It would morning business that we have it on ing decisions might or might not be. mean lower interest rates and a grow- both sides. I want to be able to discuss Everyone here, myself and others, be- ing economy. A balanced budget would for a bit the subject of agriculture and lieves that we ought to have substan- reduce interest rates by at least 1.5 where we find ourselves. My specific in- tial planting flexibility on base acres percent. A reduction in interest rates terest in doing so is that I think there for farmers. of that size would help raise farm in- is some confusion about exactly where There is not any differences either, in come by more than $2 billion per year. we are. my judgment, with respect to the issue So, to conclude and to summarize, I First of all, the farm bill is not now of repayment of advance deficiency support this Congress going forward on pending. We are in morning business. payments for those who suffered crop legislation on the farm bill now. I am The farm bill will be pending when we losses. weary of the filibuster that has kept us finish morning business and bring it Everything I have offered through from dealing with amendments. If we back to the floor of the Senate. But unanimous-consent requests, as well as cannot have the freedom-to-farm bill, contrary to previous assertions, no one the two amendments to the freedom- let us have a modification of it, which has prevented the farm bill from com- to-farm bill that are now at the desk, the Leahy-Craig offer encompasses. ing to the floor. It is on the floor. It is would do basically the same thing. We This will mean more prosperity to and will be the pending business before would forgive advance deficiency pay- farmers and also less costs to the tax- the Senate. There is not an effort and ments for those who have suffered crop payers. It will mean strengthening our there has not been an effort by anyone losses. So, that is not what this debate position in international trade, which to prevent the farm bill from coming to is about either. If people stand up and will help our country in general. the floor. Those who suggest that are say that is what this debate is about, We cannot delay any longer. Our misstating where we are. that is a false set of choices. farmers are meeting with their bankers The farm bill will be on the floor of I just heard a discussion, and I heard at this hour, trying to work out their the Senate this afternoon. It is correct it previously, that this is not about financial plans. In the southern part of to state we have had a cloture vote and whether there should be permanent our country, they are prepared to will likely have a second cloture vote farm law. They say, ‘‘Of course, there plant. The Congress seems to be dilly- this afternoon. To suggest we should will be a farm program.’’ Or they say, dallying. Let people understand what is invoke cloture so we can get on to ‘‘There will likely be a farm program.’’ going on here. We, on this side of the amendments, however, is a suggestion That is not the case at all. aisle, are ready to legislate. We are that does not conform with the Rules The freedom-to-farm bill has some going to have a cloture vote today. I of the Senate. attractive features which I hope we can plead with my colleagues, let us go and In fact, in order to offer many of the capture and put into compromise and legislate and offer amendments and we amendments that have been sent to the move forward. But it also has some- will have a farm bill worked out. But desk, you would have to avoid cloture thing which, in my judgment, is a bad let there be no misunderstanding out so the amendments would be able to be feature for rural America. Most nota- in the country. We are not holding this offered as being germane. After cloture bly this is a bill that pays a severance farm bill up. We are here, ready to leg- they would not be ruled as being ger- payment. It gives severance pay to islate. The cloture vote this afternoon, mane. farmers for the purpose of if we fail, it will hold us up again. The farm bill has been on the floor of transitioning them away from any sort I want to make it very clear to my the Senate a very short amount of of farm program at all. farmers where this delay is coming time. So, a vote for cloture at this Why do I say that? Because the free- from. My farmers, generally speaking, point, would be a vote to cut off the op- dom-to-farm bill itself says there shall want freedom to farm. Let us get the portunity to offer amendments and be no more permanent farm law. This truth out. Let us have a farm bill now. have them considered. Many of us feel bill is going to repeal the underlying I yield the floor. that would be inappropriate. farm law. Why would they do that? Be- Several Senators addressed the Let me emphasize this because it is cause they do not want permanent Chair. very important. This is not a debate farm law. The PRESIDING OFFICER (Mr. between those in the U.S. Senate who They could rectify that easily, if SANTORUM). The Senator from Indiana. believe farmers ought to have more they wanted to modify their proposal. Mr. LUGAR. Mr. President, I suggest planting flexibility and those who be- But, they do not intend to modify it. the absence of a quorum. lieve they should not have more plant- These really are severance payments, The PRESIDING OFFICER. The ing flexibility. That is what this debate paid up front, for the purpose of provid- clerk will call the roll. is being portrayed as. But, that is not ing that there will be no further farm The legislative clerk proceeded to the case. programs. That is what it is about. It is call the roll. I have offered a couple of amend- very simple and, in my judgment, can- Mr. DORGAN. Mr. President, I ask ments that are sitting at the desk. I not be misrepresented. I know people unanimous consent that the order for have previously offered unanimous try, but it cannot be. There will no the quorum call be rescinded. consent requests about extension of longer be a permanent farm law. That The PRESIDING OFFICER. Without current law. In every case with the is the purpose of repealing it in this objection, it is so ordered. amendments that are at the desk and proposal. Mr. DORGAN. Mr. President, is the the unanimous-consent requests that I The reason I care about this, as well Senate now in morning business? have offered, we suggest that farmers as the reason that others care, is that The PRESIDING OFFICER. It re- be given planting flexibility on their we care whether there is a network of quires consent to extend morning busi- base acres. Let the farmers decide what family farm yard lights out in rural ness. they want to plant, not the Federal America. In my judgment, if a farm Mr. DORGAN. My purpose in seeking Government. bill is not designed to try to help fam- recognition was to ask unanimous con- When people stand up and say this is ily farmers, then let us not even talk sent to be able to speak in morning a choice between those who want to about a farm bill. Then, let us not have business for 10 minutes. That will take put you in a straitjacket on planting a farm bill. Then, let us not have a U.S. less time if the folks on the majority decisions and those of us who want Department of Agriculture, which was side need the floor at some point. freedom to farm, where you get flexi- started under Abe Lincoln with nine S 882 CONGRESSIONAL RECORD — SENATE February 6, 1996 employees and has become this behe- judgment, at all about the importance The PRESIDING OFFICER. The Sen- moth down there. We do not need of agriculture in Iowa and North Da- ator from Indiana. USDA and a farm bill if they are not kota and the importance of family f designed to help protect family-sized farmers in Iowa and North Dakota. We MORNING BUSINESS farmers. need to find a way to provide a bridge When you have international price over the differences in this farm bill. Mr. LUGAR. Mr. President, in behalf depressions and prices drop, family We need to decide that at the end of of the majority leader, I ask unani- farmers get washed away. They are too today, or at the end of tomorrow, this mous consent that there now be a pe- small to have much of a financial base Senate will have advanced a com- riod for morning business until the to withstand declining international promise into a conference committee hour of 3:15 p.m. with Senators per- prices over which they have no control. that will benefit family-sized farms in mitted to speak for up to 5 minutes Will this country be farmed by giant this country. each. agrifactories from California to Maine? I do not have the magic answer on The PRESIDING OFFICER. Without If you think that is fine, then we do how to do that. But there have been objection, it is so ordered. not need to debate this farm law. If compromise talks over the weekend Mr. GRASSLEY addressed the Chair. that is what you decide then we do not and last week that make a lot of sense The PRESIDING OFFICER. The Sen- need a farm program. However, if you to me. We should take the best features ator from Iowa. think we ought to encourage and nur- of several different proposals, put them Mr. GRASSLEY. Mr. President, I ask ture a network of family farms in this together, and advance a plan that re- unanimous consent, if I may, to extend country, have yard lights dotting the tains permanent farm law. That is very my 5-minute period to a 10-minute pe- prairies, and have family farms that important. It does not pull the safety riod of time. become the blood vessels that provide net out from under family farmers in The PRESIDING OFFICER. Is there nourishment and economic health to the long term. It is not a severance pay objection? rural areas and small towns, then you proposal saying we are going to transi- Without objection, it is so ordered. would care about the kind of farm pro- tion you. Any time somebody from f gram we enact. Washington talks about transitioning, THE FARM BILL Some of what has been suggested in it is time to fasten your seatbelt. the freedom-to-farm bill makes sense. I do not want to transition farmers. I Mr. GRASSLEY. Mr. President, I Some of it makes no sense at all. want a new family farm program that hold up two volumes of legislation be- Where we ought to find ourselves, in recognizes the worth and the value of cause when Congress says it does some- my judgment, is in a compromise in family farmers and this country’s fu- thing, the public at large is cynical which we take the best of what both ture. I want more flexibility. I want about our doing anything, particularly sides have to offer. up-front advanced payments to help re- anything that is very complicated, and We had a compromise similar to that capitalize family farms. I want all of particularly not just when we finish over the weekend. It has been discussed the things that many of you want in talking about action on a farm bill. I at some length. It is one that I would this Chamber. But I want them put in hold up the Balanced Budget Act of support and one that makes sense, in the context of a compact of sorts for 1995, a 1,800-page document that was my judgment. It retains current per- the future. I want a compact that says put together over a period of about 8 manent farm law. It substantially we care about the long-term health of months by 13 different committees— changes the up-front payments. It sub- family farms in America. those committees are listed here—in stantially increases flexibility on plan- I took the floor only because I want- the U.S. Senate to fulfill a promise ning for farmers. It forgives advanced ed to correct some of the things that that the majority party, the Repub- deficiency payments for those who have been said. It has been said people lican Party, made to the people in the have suffered crop losses. It does a lot have objected to the debate on the 1994 election that we would balance the of things which together represent the farm bill last week and this week. That budget. best features of what has been offered is not true at all. The farm bill is on This document, scored by the non- from both sides. the floor. The Senator from Indiana partisan Congressional Budget Office, Yet we are told by some, ‘‘Either you will call it back up. Right now we are balances the budget—1,800 pages. It in- invoke cloture and cut off debate and in morning business. But the minute cludes welfare reform, saving $58 bil- cut off amendments on the freedom-to- the Senator from Indiana or the major- lion. It includes the saving of Medi- farm bill or we are not going to play; ity leader comes to the floor, they will care—the saving of it, the strengthen- we will go home, and we will blame it call up the farm bill, and it will be ing of it, giving people choice for the on you all.’’ pending. first time in that Government pro- We are way beyond the issue of So those who say the farm bill is not gram. It has very good tax programs in blame. This is February 1996. In the before us because people have objected here. Just balancing this budget will middle of last year there should have to bringing the bill to the floor do not save agriculture 2 percentage points, been a debate on the floor of the Sen- understand the procedure. The farm and any loan in the United States ate about a farm bill, and there was bill is pending. The cloture vote is a about 2 percentage points, on interest. not. Everybody in this Chamber knows vote about whether or not we should This also includes the agriculture bill that. We failed. cut off the amendments that would that would have been a 7-year agri- Now in February 1996, if we are going provide alternatives, including a com- culture program. If the President had to construct farm legislation, let us promise of the type I have just dis- not vetoed this bill in early December not do it by holding a club to some- cussed. last year, we would not be debating body’s head. Let us do it by deciding I hope that by the end of today, or to- farm legislation, and we would not that we will put together farm legisla- morrow, no matter what happens on only have a farm bill that would be tion the way it has always been put to- this cloture vote, that all of us, Repub- good for agriculture, but we would also gether in the U.S. Senate. That is, let’s licans and Democrats, can do what we have a lot of other tax policies and in- do it in a bipartisan way, taking the have done for 30 or 40 years in this terest policies that would be even more good ideas that come from both sides. Chamber. I hope we can finish our work beneficial to agriculture—and to the Senator GRASSLEY is on the floor. I by having fashioned a bipartisan com- entire country, for that matter—than expect he will want to speak next. He promise. I hope that we have created a even maybe the farm bill would be ben- knows as much about agriculture as al- farm bill that will work for the advan- eficial to agriculture. most anybody in this Chamber and tage and the betterment of family So here is last year’s product to bal- cares a lot about it. We may have dif- farms and our country’s future. If we ance the budget—1,800 pages. The ferent views of exactly how these clo- do that, we will all have done some- President vetoed it. He has a constitu- ture votes work and exactly what we thing worthwhile for rural America. tional right to veto it. But one person ought to do for the future of family Mr. President, I yield the floor. stood in the way last year of our hav- farming. But, we do not disagree, in my Mr. LUGAR addressed the Chair. ing a farm program, and that was the February 6, 1996 CONGRESSIONAL RECORD — SENATE S 883 President who vetoed the Balanced nance in the debate than farm organi- priations bills because we are not Budget Act of 1995. zations like this that support what we spending enough money. And yet he is I wanted to hold that up because are trying to do: the American Farm talking to the Governors’ association maybe people do not really believe we Bureau, the Cotton Council, the Amer- this morning about how he is going to passed a comprehensive piece of legis- ican Cotton Shippers, National Feed balance the budget, and he vetoes the lation to balance the budget, and and Grain Association, National Grain appropriations bills that are balancing maybe the farmers do not know that Sorghum Association, United Egg Pro- the budget. But anyway, once in a we passed provisions in here for the ducers, the National Barley Growers, while we get an opportunity to say we Freedom-To-Farm Act so that we National Cattlemen’s, National Corn were right. In this particular case, this would be able to transition farm pro- Growers, the Fertilizer Institute, the Balanced Budget Act of 1995 was right grams from the Government regulated National Potato Council, the National because one of the major provisions of and dominated environment of the last Pork Producers, National Turkey Fed- this Balanced Budget Act of 1995, which 50 years to the free trade environment eration, the National Broilers Council, we would have had to do unrelated to and the export environment that we the North American Export Grain As- balancing the budget or even unrelated are going to have under GATT into the sociation, and the United Fresh Fruits to tax decreases, was to save Medicare next century. and Vegetables Association. I could from bankruptcy. This document not My good friend from North Dakota name their affiliates in the State of only saved Medicare from bankruptcy, spoke eloquently about his point of Iowa that are supporting this legisla- it strengthened Medicare, and it also view on the farm bill, and he and I can tion, and I would imagine most of the gave for the first time the elderly peo- speak in a friendly fashion about agri- State affiliates are supporting it. ple of America, the senior citizens of culture. We do that all the time. It So it is probably unfair to say that America, the retired people of Amer- may not appear on the floor of the Sen- what groups want in this town drive ica, those who rely upon Medicare as ate that we do that, but we can sit what individual Members want. But I their primary health insurance group, down and discuss farm legislation. think there is a stark contrast between an opportunity to have something dif- I do not take the floor in opposition the organizations that were listed by ferent than just a Government-run pro- to what he said but just to point out to Senator DASCHLE and those I just list- gram. some people, to the public at large, not ed. Those listed by Senator DASCHLE They could have had medical savings just to the farmers of America, what mostly lean toward the environmental accounts. They could have had contin- sometimes drives legislation in the point of view on agriculture. Although ued a union or association plan where Congress. it is legitimate to have environmental they last worked. They could have bought into managed care, and they I wish to read from the CONGRES- groups with an interest in what agri- would be able to go from traditional SIONAL RECORD a letter that the Senate cultural legislation is going to be, we Medicare to a medical savings account minority leader, Mr. DASCHLE, put in ought to ask whether or not these and back next year if they wanted to. during his debate last week. This letter groups ought to have primary consider- They could go from traditional Medi- that he inserted lists a lot of organiza- ation in opposition to the changes in care to a managed care plan and try tions that were against the com- the farm program. These changes will that for a year and go back and not promise that was worked out. direct agricultural policy toward the cost them anything, but have that op- By the way, we had a compromise next century as opposed to keeping the tion through a voucher of having Medi- worked out last week with what we agriculture policy of this century and care pay for whatever their option is. thought were enough Democrats so we the last 50 years, which in the new en- It is the same thing that we have in would get enough votes to have cloture vironment we are currently in, is obvi- the Congress. Every December we have and move forward. It happens that we ously outdated. We ought to be looking what is called—I do not remember the did not get enough Democrat votes to to these organizations I just read that terminology—but we have a season do that. But anyway, quoting from a support what we are trying to do be- that we can change from one program paragraph which is part of Senator cause they are forward looking, to to another. We are giving them the DASCHLE’s speech, he says: make sure we are producing for the fu- same thing Congress has, the same I am very pleased by a letter that we re- ture and the global trade environment thing Federal civil servants have. ceived just this morning from a large num- of the future. Once again, the President vetoed this ber of very reputable organizations including I hope that we do spend our time in in early December 1995. So our efforts the National Audubon Society, the Environ- consideration of what we ought to have to save, our efforts to strengthen and mental Working Group, Henry A. Wallace In- for a farm program that is free of Gov- stitute for Alternative Agriculture, Sustain- our efforts to give seniors choice for ernment regulation to the greatest ex- the first time went down the drain. able Agriculture Coalition, National Re- tent possible, even having a safety net, source Defense Council, the National Rural We did it because the trustees in Housing Coalition, who are saying that even but have that safety net be a coopera- April said Medicare was going to be with the Leahy improvements— tive effort between the private sector busted, bankrupt in the year 2002, 7 Those were the amendments that we and the public sector that can guaran- years from now. That is why we did had accepted last week. tee income as well as production and what we did in this. I do not know why have income support for agriculture. the President vetoed it. Does he want they are strongly in opposition to passing The PRESIDING OFFICER. The Sen- the so-called freedom to farm. it to go bankrupt, or does he want a po- ator’s time has expired. litical issue? I do not know why, but he I would like to read a list of organi- Mr. GRASSLEY. I ask unanimous did. zations in a letter I did not read last consent to have 5 more minutes. Yesterday, we had in the New York week who are in support of what we are The PRESIDING OFFICER. Without Times something that should have doing, because I think there is an ex- objection, it is so ordered. probably been released to the public treme contrast here. A lot of the orga- f back in October. Why it was not until nizations that the Senator from South now I do not know. I hope there was no Dakota listed are all very reputable or- SAVING MEDICARE FROM BANKRUPTCY coverup on the part of the administra- ganizations. There is nothing I wish to tion to keep it from being published. say that detracts from the good work Mr. GRASSLEY. Mr. President, We have a report from HCFA’s chief they do in Washington, DC, for the in- every once in a while, when we take de- actuary that Medicare lost money in terests they have. But the question I feat after defeat because of a Presi- 1995 for the first time in 23 years. It is wish to raise as I read a list of organi- dential veto—and I think the President a 29-year-old program. So early on, it zations supporting what we are trying has vetoed half of the appropriations had another period of 1 year when it to do today and what we were trying to bills that we have passed this year. spent more than it took in. do last week, is the extent to which the Oddly enough, most Presidents veto ap- But now for the first time in 24 years, groups driving the debate on the other propriations bills because the Congress Medicare is spending out more than it side are not solely interested just in is wasting money. This is the first is bringing in in taxes, which empha- agriculture but are having more domi- President I know who is vetoing appro- sizes what the trustees said in April of S 884 CONGRESSIONAL RECORD — SENATE February 6, 1996 last year. They pleaded with Congress. None of us would normally tolerate a conservative interpretation of this pro- They pleaded with the Republican Con- cut of this magnitude, made without hibition, and seeks instead to prevent gress: ‘‘Take action right now because the benefit of any debate, particularly abortions by offering alternatives. De- it is going to be easier to do it now on a program which enjoys such strong mand has always exceeded supply, and than it will be in the year 2001 or 2002 bipartisan support. And yet we did it. unmet needs continue to grow. when it is just about ready to go Stated differently, and more impor- We urgently need to correct the mis- under.’’ This had not been anticipated tant, what we did is bar access to fam- take we made in H.R. 2880. We need to to occur until 1997. ily planning services to approximately restore, with rhetoric and with re- What we learn now through the news- 17 million couples, most of them living sources, support to AID’s family plan- papers, the chief actuary giving this re- in unimaginable poverty. We opened ning program. For those of us who take port last year, is the Medicare hospital the door to the probability of at least a prolife position, this is the most ef- trust fund lost $35.7 million. In other 14 million unintended pregnancies fective way to reiterate our profound words, it took in that much less than every year, tens of thousands of deaths opposition to the practice of abortion. we had anticipated. among women and nearly a million All the antiabortion speech this Cham- He was not sure when part A would deaths among infants and young chil- ber can tolerate will not reduce the be depleted, but he did say that it dren annually. Indeed, we embrace the number of unintended pregnancies as could be earlier than 2002. probability of at least 4 million more swiftly or as surely as our support for In any case, according to the actu- abortions that could have been averted voluntary family planning. ary, this recent finding does not help if access to voluntary family planning I intend to do what I can to rectify the trust fund. It gives more insecurity services had been maintained. This is this situation as soon as possible, and to the people on Social Security and it, what we did. urge my colleagues to join in this ef- of course, emphasizes what we were These numbers, which are calculated fort. trying to say when we passed this Bal- through statistics from organizations f anced Budget Act of 1995 which saved like UNICEF and the World Health Or- AGRICULTURAL MARKET Medicare. ganization are as disturbing as they TRANSITION ACT So I hope that the President comes are astounding, particularly to those of around to a point of view of cooperat- us who are faithfully and assertively Mr. GRAMS. Mr. President, as the ing with the Congress to a greater ex- pro-life. To doubt these numbers may Nation’s farmers look ahead to the new tent than he has on the saving of Medi- bring temporary relief to people of con- planting season, I rise today in support care, because this is one time the Re- science, but doubters should consider of moving forward on much-needed publican Congress is way ahead of the the experience of families in the former farm bill legislation. White House. Soviet Union where family planning Over the past year, I have met with I yield the floor, and I suggest the ab- services have been unavailable for dec- farmers, businesses, bankers, and com- sence of a quorum. ades. munity leaders across Minnesota. They The PRESIDING OFFICER. The The abortion rate in Russia spans have told me of the urgent need to de- clerk will call the roll. from a conservative estimate of 4 abor- velop a farm bill which will show them The legislative clerk proceeded to tions per woman to a shocking high of the direction farm policy will move call the roll. 12 abortions for some women over their over the next couple of years. Mr. HATFIELD. Mr. President, I ask reproductive years. Since there have Clearly, our farmers and agri- unanimous consent that the order for been virtually no, and I suggest that businesses deserve a reasonable and re- the quorum call be rescinded. you underscore when you are listening sponsible roadmap of the Nation’s long- The PRESIDING OFFICER. Without as well as when I speak, no planning term agricultural policy. If Washington objection, it is so ordered. The Senator services available in Russia, abortion continues to delay action, decisions from Oregon. has become the chief method of birth about planting, equipment purchases, f control. fertilizer and seed sales, and credit The framers of the family planning hang in the balance. And as a result, FAMILY PLANNING PROGRAM language in H.R. 2880 ensured, perhaps our agricultural economy will suffer. Mr. HATFIELD. Mr. President, 2 unintentionally, that the gruesome ex- This current predicament is a perfect weeks ago, the Senate was compelled perience of Russian women and fami- example of how Government inter- to pass H.R. 2880, the Balanced Budget lies will be replicated throughout the ference in the area of agriculture has and Downpayment Act, to avert an- world starting now. taken its toll on the productivity of other Governmental shutdown. As I ob- In each of the last two foreign oper- our farmers, agribusinesses, and the served on the day of consideration, we ations appropriations bills, I have other sectors of our economy which de- did so under great duress, being forced made sure that adequate money has pend on them. to set aside our right and duty to been devoted to starting family plan- By expanding the role of Government amend the legislation. ning programs in Russia. Similar pro- so deeply into the business of farming, Of particular concern to me remains grams in Hungary have shown a 60-per- Washington has taken much of the de- the harsh treatment given to the Agen- cent reduction in the abortion rate cisionmaking authority away from the cy for International Development’s there, 8 years after the introduction of real experts—those who have planted, family planning program. Though it family planning. We had hoped for such plowed, and harvested for genera- was known at the time that the formu- success in Russia, but now the future is tions—and handed it over to bureau- lation of this account was nearly ca- uncertain. crats, some of whom are thousands of lamitous, closer examination of the The family planning language in H.R. miles away from America’s heartland. provision has revealed that the situa- 2880 is not prolife, it is not prowoman, I have always said with pride that tion is far worse than had been imag- it is not prochild, it is not prohealth, Minnesota’s farmers are among the ined at that time. and it is not profamily planning. It in- most productive in the world. Histori- The provisions that passed the Sen- flicts the harm of a profound mis- cally, Minnesota agriculture has ate and the House halts family plan- conception on very poor families over- ranked first in sugarbeet production, ning assistance programs until July 1 seas who only ask for help in spacing third in spring wheat and sunflower of this year. Following July 1, funding their children through contraception, production, fourth in barley and oat may be provided at 65 percent of the not abortion. production, sixth in corn production, fiscal year 1995 level, apportioned on a Some of our colleagues appear un- third in swine products, and second in monthly basis for 15 months. aware that the prohibition on funding turkey processing. Of course, Min- What this means is that only 14 per- abortions with U.S. foreign aid money nesota has always been among the Na- cent of what was available for obliga- has been in place since 1973. AID’s ex- tion’s leaders in milk and cheese pro- tion in fiscal year 1995 for family plan- cellent family planning program, wide- duction. It is also quickly becoming a ning will be available for obligation ly recognized as the most efficiently leading exporter of raw and value- this entire fiscal year—14 percent. run in the world, has taken a strict and added products. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 885 But there is so much more that our enact substantial progress in the area bill not only this year, but in time for farmers can do, if only we would free of dairy reform. farmers to make the decision about them from the burdens of inflexible Having sought the counsel of Min- what they are going to plant. Right regulations, high taxes, and the over- nesota’s dairy industry, I am well now, our farmers are in a most precar- reaching arm of Government. Govern- aware of the problems caused for milk ious position. In my State of Texas, it ment should not get in the way of producers, taxpayers, and consumers is planting season, and yet they do not farmers. It should set a level playing by our archaic dairy program. For in- know if the freedom-to-farm provisions field so that farmers from across the stance, Federal milk marketing orders are going to be available to them, or country can compete fairly with each have helped cause the loss of thousands whether they are going to have a 1949 other, regardless of geographic region of dairy farms in Minnesota alone over law to comply with. or commodity item. We owe it to our the last decade. Mr. President, that is not reasonable, farmers to do nothing less—and noth- Under this troubled business climate, and it is not responsible for Members of ing more. Minnesota continues to lose an average Congress not to take up this bill and We also owe it to the American tax- of nearly three dairy farms per day. offer their amendments, but to refuse payers—the people who pay for the In addition, the Minnesota dairy in- to take up the bill is irresponsible. I jumbled agricultural policy Washing- dustry is adamantly opposed to the urge my colleagues not to do that to ton has created—to fix the failed poli- Northeast Dairy Compact. I firmly be- the farmers of America. Their lives are cies of the past and ensure that their lieve this well-intentioned proposal tough enough. The last thing they need tax dollars are put to work most effi- will lead to a regional balkanization of is to make the wrong guess and have a ciently. the dairy industry and threatens to disastrous year. First and foremost, we must provide make our dairy program even more un- That is what is going to happen. The greater flexibility for our farmers. Cur- wieldy for the dairy processors and pro- bill is very clear. It is a freedom-to- rent Federal policies dictate decades- ducers that I represent. farm bill, so that you will have the old planting patterns set by Washing- Instead of letting protectionism get ability to make your own decisions ton and require every farmer to visit in the way of our dairy producers, we based on your soil and what you think USDA annually to comply with its should begin enacting long-term, com- is your best ability to farm the com- seemingly endless paperwork require- mon-sense reforms that deregulate the modity that you like the best. That is ments. Federal Dairy Program. new and it is very important. Today, the Senate can help alleviate I understand that the regional poli- It also eliminates the costly, timely some of those burdens by passing a tics currently tying up this bill prevent paperwork required to comply with bold, new approach called the Agricul- us from making these long-term dairy current regulations. It eliminates the tural Market Transition Act. reforms. At the very least, however, I need for most of the regulations now This innovative plan, initially craft- believe we should consolidate milk necessary to govern current programs. ed by Majority Leader DOLE, Agri- marketing orders, eliminate costly The freedom-to-farm portions contrib- culture Committee Chairman LUGAR producer assessments, and reduce the ute to the deficit reduction by reducing and other members of the Agriculture price supports for dairy commodities to agriculture spending by more than $12 Committee, offers farmers the flexibil- a reasonable level. billion over 7 years. ity they will need to remain strong By establishing a level playing field What happens, Mr. President, if we into the next century. for dairy producers, we can dramati- do not invoke cloture and pass this bill Under this proposal, farmers can cally improve and preserve a vital seg- today? Reversion to the permanent plant for what the marketplace de- ment of our agriculture industry as a law, which is what will happen if we do mands, not what traditional Govern- whole. I hope to have the commitment not enact this bill, would be disastrous. ment crop subsidies have dictated. It of the chairman and the ranking mem- First, it would give farmers a parity would give farmers in Minnesota addi- ber of the Agriculture Committee to price based on 1914 economic condi- tional flexibility in meeting the needs work with me in the future on these tions. That would result in domestic of value-added cooperatives and their and other reforms. prices double or triple the world price, customers who use products like etha- Enacting a more productive farm pol- which would, of course, erode our care- nol. icy must be our goal, and we can begin fully cultivated export markets. We This bill also simplifies paperwork this process by freeing farmers from have just passed GATT, which is sup- requirements for farmers. Instead of Government interference, encouraging posed to break down the barriers in our the current annual paperwork load the use of market discipline in farm de- agriculture exports, and yet this bill they face today, passage of this legisla- cision-making, while at the same time would be a reversion. That is, if we do tion means many farmers may only protecting the American taxpayers. not pass this bill, it will be a reversion need to visit the local CFSA once as This bill makes that important first to the old ways of doing things which part of a 7-year contract. step and gives our farmers, small busi- are not best for today. The Agricultural Marketing Transi- ness owners, and lenders what they It would mean that the USDA would tion Act also gives farmers the needed need—a roadmap to guide them in the have to buy all the excess wheat that certainty of a fixed, 7-year payment important decisions ahead. was not taken up on the world market. with fixed parameters. Many farmers I encourage my colleagues to support It would obliterate our ability to have in Minnesota, especially in the younger this legislation and the cloture motion a balanced budget. Reversion to perma- generation, need this certainty for before us today. nent law, by USDA’s account, would long-term loans and other financial de- Mrs. HUTCHISON addressed the cost taxpayers an additional $2.3 bil- cisions. Chair. lion in the first year alone. For these and other reasons, farm The PRESIDING OFFICER. The Sen- I share the concerns that my col- groups in Minnesota, such as the wheat ator from Texas. league from Minnesota has just stated growers, barley growers, corn growers, Mrs. HUTCHISON. Mr. President, about the dairy portions of this bill. I bean growers, the Minnesota Farm Bu- what is the regular order? do not like it. That Northeast compact reau, and the Minnesota Department of The PRESIDING OFFICER. Senators is going to hurt other dairy markets Agriculture have endorsed passage of can speak up to 5 minutes in morning around the country. I do not think that this bill. They know it will give them business. is right. We will have a chance to vote the flexibility and the opportunity for Mrs. HUTCHISON. Thank you, Mr. on that because amendments will be in long-term growth potential in farm in- President. order if we invoke cloture. come. f There is no reason that I can see that But while I enthusiastically support a Member of this body can responsibly much of this bill because it helps both SUPPORT FOR THE CLOTURE VOTE vote against cloture to allow us to de- Minnesota’s farm community and the Mrs. HUTCHISON. Mr. President, I bate this bill and pass something that American taxpayer, I must raise my rise to ask my colleagues to support will give our farmers the ability to strong concerns about its failure to the cloture vote so we can enact a farm plant according to their own needs in S 886 CONGRESSIONAL RECORD — SENATE February 6, 1996 time for them to do it. It would be just There being no objection, the mate- fiscal year for which the budget is submit- like Washington, DC, which is out of rial was ordered to be printed in the ted, considering projected economic factors touch with everything else, to finally RECORD, as follows: and changes in the existing levels based on proposals in the budget. pass this bill in March or April when § 1105. Budget contents and submission to (17) information on estimates of appropria- the planting season has passed for Congress tions for the fiscal year following the fiscal many of the farmers in our country. (a) On or after the first Monday in January year for which the budget is submitted for Mr. President, we cannot do that. It is but not later than the first Monday in Feb- grants, contracts, and other payments under not responsible. I am speaking for the ruary of each year,1847 the President shall each program for which there is an author- farmers, the hard-working small busi- submit a budget of the United States Gov- ization of appropriations for that following ness people of my State and all the ernment for the following fiscal year. Each fiscal year when the appropriations are au- budget shall include a budget message and States for which agriculture is so im- thorized to be included in an appropriation summary and supporting information. The law for the fiscal year before the fiscal year portant for their economies and for President shall include in each budget the in which the appropriation is to be available their families. following: for obligation. I urge my colleagues, vote for clo- (1) information on activities and functions (18) a comparison of the total amount of ture. There is no reason to fear debate of the Government. budget outlays for the prior fiscal year, esti- on this bill. There is every reason for (2) when practicable, information on costs mated in the budget submitted for that year, us to do the responsible thing so that and achievements of Government programs. for each major program having relatively un- (3) other desirable classifications of infor- our farmers and ranchers have the abil- controllable outlays with the total amount mation.1848 of outlays for that program in that year. ity to make the decisions that they (4) a reconciliation of the summary infor- (19) a comparison of the total amount of need to make in a responsible way. It is mation on expenditures with proposed appro- receipts for the prior fiscal year, estimated the least they can expect from the U.S. priations. in the budget submitted for that year, with Congress. I yield the floor. (5) except as provided in subsection (b) of receipts, a comparison of the amount of re- The PRESIDING OFFICER (Mr. this section, estimated expenditures and pro- ceipts estimated in that budget with the COATS). The Senator from New Mexico. posed appropriations the President decides amount of receipts from that source in that are necessary to support the Government in year. f the fiscal year for which the budget is sub- (20) an analysis and explanation of the dif- mitted and the 4 fiscal years after that year. ferences between each amount compared THE PRESIDENT’S BUDGET (6) estimated receipts of the Government under clauses (18) and (19) of this subsection. in the fiscal year for which the budget is sub- (21) a horizontal budget showing— Mr. DOMENICI. I will depart from mitted and the 4 fiscal years after that year (A) the programs for meteorology and of the subject matter and just call to our under— the National Climate Program established attention and to the American people’s (A) laws in effect when the budget is sub- under section 5 of the National Climate Pro- attention a situation with reference to mitted; and gram Act (15 U.S.C. 2904); the President’s so-called submission of (B) proposals in the budget to increase rev- (B) specific aspects of the program of, and a balanced budget. enues. appropriation, for, each agency; and (7) appropriations, expenditures, and re- (C) estimated goals and financial require- First, as chairman of the Budget ments. Committee, I was advised last week by ceipts of the Government in the prior fiscal year. (22) a statement of budget authority, pro- the White House that they were going (8) estimated expenditures and receipts, posed budget authority, budget outlays, and to submit this kind of document. Of and appropriations and proposed appropria- proposed budget outlays, and descriptive in- course, I cannot do anything about tions, of the Government for the current fis- formation in terms of— whether they should submit this 20- cal year. (A) a detailed structure of national needs (9) balanced statements of the— that refers to the missions and programs of page brochure in lieu of a balanced agencies (as defined in section 101 of this budget, but I suggested that it would (A) condition of the Treasury at the end of the prior fiscal year; title); and not be a budget. The response was that (B) estimated condition of the Treasury at (B) the mission and basic programs. (23) separate appropriation accounts for ap- it would be submitted in this manner. the end of the current fiscal year; and propriations under the Occupational Safety I want everybody to know that the (C) estimated condition of the Treasury at and Health Act of 1970 (29 U.S.C. 651 et seq.) February 5 deadline for the submission the end of the fiscal year for which the budg- and the Federal Mine Safety and Health Act et is submitted of financial proposals in the of a budget which can be reached—I am of 1977 (30 U.S.C. 801 et seq.) not suggesting that it cannot be de- budget are adopted. (24) recommendations on the return of (10) essential information about the debt of layed, but to tell the American people Government capital to the Treasury by a the Government. mixed-ownership corporation (as defined in that the President has submitted a bal- (11) other financial information the Presi- section 9101(2) of this title that the President anced budget in compliance with the dent decides desirable to explain in prac- requirements of the law is just not decides are desirable. ticable detail the financial condition of the (25) a separate appropriation account for true. This is 15 pages of political prose 1849 Government. appropriations for each Office of Inspector (12) for each proposal in the budget for leg- and advertisements and 5 pages of tech- General of an establishment defined under islation that would establish or expand a nical economic assumptions and the section 11(2) of the Inspector General Act of Government activity or function, a table like. It is as if there really is nothing 1978. formal and specific about the Nation’s showing— (26)1850 a separate statement of the amount (A) the amount proposed in the budget for of appropriations requested for the Office of budget. appropriation and for expenditure because of Some may recall in the past when National Drug Control Policy and each pro- the proposal in the fiscal year for which the gram of the National Drug Control Program. budget directors submitted their budg- budget is submitted; and (28)1851 a separate statement of the amount ets, they were more than a few hundred (B) the estimated appropriation required of appropriations requested for the Office of pages. They had supplements to amend. because of the proposal for each of the 4 fis- Financial Management. That is because every item in the Fed- cal years after that year that the proposal (b) Estimated expenditures and proposed eral budget was itemized in terms of will be in effect. appropriations for the legislative branch and (13) an allowance for additional estimated expenditure. This budget is 15 pages of the judicial branch to be included in each expenditures and proposed appropriations for budget under subsection (a)(5) of this section prose, 5 pages of tables. It says nothing the fiscal year for which the budget is sub- about how the President proposes to shall be submitted to the President before mitted. October 16 of each year and included in the spend the $12.2 trillion he has proposed (14) an allowance for unanticipated uncon- budget by the President without change. to expend over the next 7 years. trollable expenditures for that year. (c) The President shall recommend in the I want the Senate and the people to (15) a separate statement on each of the budget appropriate action to meet an esti- know that this is not just a Senator items referred to in section 301(a)(1)–(5) of mated deficiency when the estimated re- speaking. There is a law about budgets. the Congressional Budget Act of 1974 (2 ceipts for the fiscal year for which the budg- U.S.C. 632(a)(1)–(5)). et is submitted (under laws in effect when The law says in 31 U.S.C. 1105 that (16) the level of tax expenditures under ex- there are 31 specific requirements for a the budget is submitted) and the estimated isting law in the tax expenditures budget (as amounts in the Treasury at the end of the budget to be a budget. I ask unanimous defined in section 3(a)(3) of the Congressional current fiscal year available for expenditure consent to have printed in the RECORD Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the in the fiscal year for which the budget is sub- for anyone who would like to peruse mitted, are less than the estimated expendi- this, the 31 requirements of a budget. Footnotes at end of article. tures for that year. The President shall February 6, 1996 CONGRESSIONAL RECORD — SENATE S 887 make recommendations required by the pub- (G) resource recovery facilities, used very rarely to meet only the most pressing ex- lic interest when the estimated receipts and (H) public buildings, igencies. An orderly and timely budget process re- estimated amounts in the Treasury are more (I) space or communications facilities, quires that Presidential submissions be made on or (J) railroads, and before the first Monday after January 3 whenever than the estimated expenditures. possible. The conferees expect that Presidential sub- (d) When the President submits a budget or (K) federally assisted housing. mission dates will comply with the January dead- supporting information about a budget, the (3) For purposes of this subsection, any ap- line. H.R. CONF. REP. NO. 101–964, 101st Cong., 2d President shall include a statement on all propriation, new obligational authority, or Sess. 1171 (1990), reprinted in 1990 U.S.C.C.A.N. 2017, changes about the current fiscal year that outlay shall be classified as a military cap- 2876. were made before the budget or information ital investment to the extent that such ap- 1848 In addition to this broad statutory authority, was submitted. propriation, authority, or outlay will be used the President also retains the Constitutional au- thority to ‘‘recommend to [Congress’s] Consider- (e)(1) The President shall submit with ma- for the construction, acquisition, or rehabili- ation such Measures as he shall judge necessary and terials related to each budget transmitted tation of any physical asset that is capable expedient.’’ U.S. Const. art. II, § 3. under subsection (a) on or after January 1, of being used to produce services or other 1849 In addition to this broad statutory authority, 1985, an analysis for the ensuing fiscal year benefits for purposes of national defense and the President also retains the Constitutional au- that shall identify requested appropriations security for a number of years. Such assets thority to ‘‘recommend to [Congress’s] Consider- or new obligational authority and outlays shall include military bases, posts, installa- ation such Measures as be shall judge necessary and tions, and facilities. expedient.’’ U.S. Const. art. II, § 3. for each major program that may be classi- 1850 Section 1006 of the Anti-Drug Abuse Act of 1988 fied as a public civilian capital investment (4) Criteria and guidelines for use in the added this paragraph (26). Pub. L. 100–690, § 1006. 102 program and for each major program that identification of public civilian and military Stat. 4187 (1988). Section 1009 of that Act provides may be classified as a military capital in- capital investments, for distinguishing be- that this paragraph is repealed ‘‘on the date which vestment program, and shall contain sum- tween public civilian and military capital in- is 5 years after the date of enactment,’’ or November maries of the total amount of such appro- vestments, and for distinguishing between 18, 1993. Id. § 1009, 102 Stat. at 4188. priations or new obligational authority and major and nonmajor capital investment pro- Note that section 5301 of the Omnibus Trade Com- grams shall be issued by the Director of the petitiveness Act of 1988 added another paragraph outlays for public civilian capital invest- (26), if temporarily. Pub. L. 100–418, § 5301, 102 Stat. ment programs and summaries of the total Office of Management and Budget after con- 1462 (1988). Section 5303 of the Act provides: amount of such appropriations or new sultation with the Comptroller General and The amendment made by section 5301 shall be ef- obligational authority and outlays for mili- the Congressional Budget Office. The analy- fective for fiscal years 1989, 1990, 1991, and 1992, and tary capital investment programs. In addi- sis submitted under this subsection shall be shall be fully reflected in the budgets submitted by tion, the analysis under this paragraphs accompanied by an explanation of such cri- the President as required by section 1105(a) of title shall contain— teria and guidelines. 31, United States Code, for each such fiscal year . . .. (A) an estimate of the current service lev- (5) For purposes of this subsection— Id. § 5303, 102 Stat. at 1463. The now-former paragraph (26) read: els of public civilian capital investment and (A) the term ‘‘construction’’ includes the (26) an analysis, prepared by the Office of Manage- of military capital investment and alter- design, planning, and erection of new struc- ment and Budget after consultation with the chair- native high and low levels of such invest- tures and facilities, the expansion of existing man of the Council of Economic Advisers, of the ments over a period of ten years in current structures and facilities, the reconstruction budget’s impact on the international competitive- dollars and over a period of five years in con- of a project at an existing site or adjacent to ness of United States business and the United States stant dollars; an existing site, and the installation of ini- balance of payments position and shall include the (B) the most recent assessment analysis tial and replacement equipment for such following projections, based upon the best informa- tion available at the time, for the fiscal year for and summary, in a standard format, of pub- structures and facilities; which the budget is submitted— lic civilian capital investment needs in each (B) the term ‘‘acquisition’’ includes the ad- (A) the amount of borrowing by the Government major program area over a period of ten dition of land, sites, equipment, structures, in private credit markets; years; facilities, or rolling stock by purchase, lease- (B) net domestic savings (defined as personal sav- (C) an identification and analysis of the purchase, trade, or donation; and ings, corporate savings, and the fiscal surplus of principal policy issues that affect estimated (C) there term ‘‘rehabilitation’’ includes State and local governments); public civilian capital investment needs for the alteration of or correction of deficiencies (C) net private domestic investment; (D) the merchandise trade and current accounts ; each major program; and in an existing structure or facility so as to (E) the net increase or decrease in foreign indebt- (D) an identification and analysis of fac- extend the useful life or improve the effec- edness (defined as net foreign investment); and tors that affect estimated public civilian tiveness of the structure or facility, the (F) the estimated direction and extent of the influ- capital investment needs for each major pro- modernization or replacement of equipment ence of the Government’s borrowing in private cred- gram, including but not limited to the fol- at an existing structure or facility, and the it markets on United States dollar interest rates lowing factors: modernization of, or replacement of parts and on the real effective exchange rate of the United (i) economic assumptions; for, rolling stock. States dollar. Pub. L. 100–418, § 5301, 102 Stat. 1462 (1988) (expired). (ii) engineering standards; (f) 1852 The budget transmitted pursuant to Compare the parallel requirements for the report (iii) estimates of spending for operation subsection (a) for a fiscal year shall be pre- to accompany the congressional budget resolution and maintenance; pared in a manner consistent with the re- formerly set forth in section 301(e)(10) of the Con- (iv) estimates of expenditures for similar quirements of the Balanced Budget and gressional Budget Act. See supra note 190. investments by State and local governments; Emergency Deficit Control Act of 1985 that 1851 This is so in the original. No paragraph (27) ex- and apply to that and subsequent fiscal years.1853 ists. The Chief Financial Officers Act of 1990, Pub. L. (v) estimates of demand for public services No. 101–576, 104 Stat. 2838 (1990), added this para- § 1106. Supplemental budget estimates and derived from such capital investments and graph. changes 1852 estimates of the service capacity of such in- Section 275(b) of Gramm-Rudman-Hollings pro- vides that section 1105(f) of title 31 shall expire Sep- vestments. (a) Before July 16 of each year, the Presi- dent shall submit to Congress a supple- tember 30, 1995. To the extent that any analysis required 1853 mental summary of the budget for the fiscal Section 13112(c)(2) of the Budget Enforcement by this paragraph relates to any program for Act amended subsection (f) to read as it does now. which Federal financial assistance is distrib- year for which the budget is submitted under See supra p. 711. Before enactment of the Budget En- uted under a formula prescribed by law, such section 1105(a) of this title. The summary forcement Act, subsection (f) read as follows: analysis shall be organized by State and shall include— (f)(1) The budget transmitted pursuant to sub- within each State by major metropolitan (1) for that fiscal year— section (a) for a fiscal year shall be prepared on the basis of the best estimates then available, in such a area if data are available. (A) substantial in or reappraisals of esti- mates of expenditures and receipts; manner as to ensure that the deficit for such fiscal (2) For purposes of this subsection, any ap- year shall not exceed the maximum deficit amount propriation, new obligational authority, or FOOTNOTES for such fiscal year as determined under paragraph outlay shall be classified as a public civilian 1847 This period is here in the original. Section (7) of section 3 of the Congressional Budget and Im- capital investment to the extent that such 13112(c)(1) of the Budget Enforcement Act struck the poundment Control Act of 1974. appropriation, authority, or outlay will be words ‘‘On or before the first Monday after January (2) The deficit set forth in the budget so transmit- used for the construction, acquisition, or re- 3 of each year (or on or before February 5 in 1986)’’ ted for any fiscal year not exceed the maximum defi- habilitation of any physical asset that is ca- here and inserted ‘‘On or after the first Monday in cit amount for such fiscal year as determined under paragraph (7) of section 3 of the Congressional Budg- pable of being used to produce services or January but not later than the first Monday in Feb- ruary of each year.’’ See supra p. 710. et and Impoundment Control Act of 1974, with budg- other benefits for a number of years and is The statement of managers accompanying the et outlays and Federal revenues at such levels as the not classified as a military capital invest- conference report on the Budget Enforcement Act President may consider most desirable and feasible. ment under paragraph (3). Such assets shall hedges the changes made by that Act: (3) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a budget baseline include (but not be limited to)— XI. Presidents Budget Submission (A) roadways or bridges, estimate made in accordance with section 251(a)(6) (B) airports or airway facilities, The conference agreement includes a provision of the Balanced Budget and Emergency Deficit Con- permitting the President to delay submission to trol Act of 1985 and using economic and technical as- (C) mass transportation systems, Congress of The Budget of the United States Govern- sumptions consistent with the current services (D) wastewater treatment or related facili- ment from the present requirement of ‘‘on or before budget submitted under section 1109 for the fiscal ties, the first Monday after January 3 of each year’’ to year. If such budget baseline estimate differs from (E) water resources projects, not later than the first Monday in February. The the estimate in the current services budget, the (F) hospitals, conferees intended that this increased flexibility be President shall explain the differences. The budget S 888 CONGRESSIONAL RECORD — SENATE February 6, 1996 transmitted pursuant to subsection (a) for such fis- five budgets last year, the White House support of Members on both sides of cal year shall include the information required by section 251(a)(2) of such Act (other than account- sent down five budgets—the last one the aisle. level detail) assuming that the deficit in such budg- did not even pass the smile test—they I have said farmers in my State have et baseline were the amount estimated by the Direc- may have lost their enthusiasm. supported the bill. We have reform tor of the Office of Management and Budget on Au- I certainly do share the concerns ex- groups, such as Citizens Against Gov- gust 25 of the calendar year in which the fiscal year begins. pressed by the Senator from New Mex- ernment Waste, who support this be- (4) Paragraphs (1) and (2) shall not apply with re- ico. We had the last budget, I guess it cause it does save money. We have the spect to fiscal year 1989 if the budget transmitted for was called No. 5, that purported to Farm Bureau, corn growers, Cotton such fiscal year provides for deficit reduction from reach balance by making somewhere Council, cattlemen, pork producers, a budget baseline deficit for such fiscal year (as de- fined by section 251(a)(6) of the Balanced Budget and between 90 and 95 percent of the cuts in and the many others who have already Emergency Deficit Control Act of 1985 and based on appropriated accounts in the 6th and been named by my colleagues who have laws in effect on January 1, 1988) equal to or greater 7th years. I traveled around my State spoken before. I concede we do not than $36,000,000,000. have all of the fringe groups who are (5) Paragraphs (1) and (2) shall not apply if a dec- the last couple of weeks and asked how laration of war by the Congress is in effect. many people believed the budget was working to come up with something Mr. DOMENICI. Mr. President, I sub- honest if you said you would get to bal- that fits their particular interest. mit, and my quick analysis is, that the ance by making all the cuts in the 6th I know there is apprehension by President has complied with none of and 7th years. That is one of the best some, simply because the reform meas- them. Again, I repeat, if the President laugh lines around. I should have been ure represents change. But I will tell wanted to tell the American people he using that in one of the roasts we had my colleagues, the young farmers, the sent a vision statement up here, or if in town because that, from the com- men and women who are going to be he wanted to say, ‘‘I sent a sunshine monsense folks I talk to, draws that providing food and fiber for the future brochure up here’’—it is in yellow and kind of response. are ready for change. They want to looks like sunshine—if he wanted to f move away from farming for the mail- say that, that is fine. But to suggest box to farming for the marketplace. A NEW FARM BILL that he sent a budget up here is clear- They want to be able to determine ly, clearly, a statement without any Mr. BOND. Let me move on to an- what is best for their operations and ability behind the White House to other item that was included in that get their returns from the market- prove it. There is no budget. Balanced Budget Act of 1995 that was place. Why do I say this and why do I come vetoed by the President and that has We all know this reform package is to the floor? First, some are saying, we been addressed already today on the the only show in town. There have been should have a budget hearing on the floor. That is a new farm bill. some good ideas. Others have come up budget. I say to my friend—two are During the last several days, when with things. But there is simply no here on the Budget Committee—there farmers and all the rest of us came in- consensus alternative that has been of- is no budget to have a hearing about. side, I had the opportunity to talk to fered by those who are filibustering. We could perhaps have a hearing about and hear from and answer a lot of ques- There is no constituency for these al- the nonbudget if some would like to tions from farmers in my State. They ternative ideas that spring up and dis- have that. said, ‘‘Why don’t we have a farm bill?’’ appear. Neither producers nor farmers Second, it is very easy to submit a I said, simply, the President vetoed that I know of are supporting it. I must say, I am deeply troubled by budget with bulk numbers if you do not the first one and we were unsuccessful one proposal opponents have offered, have to tell the public what you are in getting the votes to end the fili- which would cut farm payments by 60 going to do, so that in all the appro- buster. percent. Some have said on this floor priated accounts, you do not have to They said, ‘‘What are they filibuster- that farmers have high prices, are tell them what you will spend money ing?’’ making money, and having high in- on and what you will not spend money I said that is the difficult point. They come. Mr. President, my farmers are on. It is another effort on the part of do not have an alternative. not in that situation. My farmers have the White House to make everybody These people said, ‘‘We cannot go back to the old farm bills. What are we been hit by flood, by drought, by frost. feel good and to make sure you feel They have no crop to sell in some in- good about the President’s proposals going to do?’’ I said, ‘‘Well, we are going to try stances. They are faced with a refund because he has not yet told you what of last year’s advance deficiency pay- he will and will not do. again to break the filibuster so the farmers of America and the people who ments. I submitted the 31 requirements, and It does not matter if the crops are depend on and work with the agricul- I merely ask the White House and the bringing high prices if you do not have tural sector will know what the ground President to submit a budget at the anything to sell. Farmers want and de- rules are.’’ earliest possible time. I think the pub- serve predictability, flexibility, and These people who talk to me said, lic deserves it. I think we deserve it. simplicity associated with a 7-year ‘‘We want flexibility. It is a lot better Again, I say to the White House, you contract. A known stream of payments for our land. It is a lot better for the have not submitted one. We understand will provide certainty to farmers, lend- environment. It is a lot better for us if that perhaps there is a lot of pressure ers, and the taxpaying public. It will we can rotate our crops and we are not this year and a shortage of time, but it promote security during difficult eco- locked in to planting corn to keep our would have been better if you would nomic times, and I think farmers can corn base,’’ or other crops in which not have told the public you submitted manage a predictable income stream to they have a base. They said, ‘‘We need one when you did not. Make sure when mitigate economic risks better than to be able to choose what is right for you do submit one that it is a budget, Washington can. and then we can have hearings on it our farming operation, our land, and I applaud Senator DOLE, Senator and let the American people know what we think is best for the market.’’ LUGAR, and Senator LEAHY for bringing what is in it. I said, ‘‘Basically, that is the Free- this bipartisan approach together. We Mr. BOND. Mr. President, I ask unan- dom To Farm Act.’’ need the votes to end the filibuster. I imous consent I be permitted to speak I think the Leahy-Craig substitute urge my colleagues to support the clo- up to 5 minutes as in morning business. amendment represents the opportunity ture motion. The PRESIDING OFFICER. Without that the people of America, certainly Several Senators addressed the objection, it is so ordered. the farmers in my State, have been Chair. f looking for: to move forward in a bipar- The PRESIDING OFFICER. The Sen- tisan way to shape policy on behalf of ator from Mississippi is recognized. THE BUDGET our Nation’s farmers and consumers. f Mr. BOND. I say to my good friend, The modified freedom-to-farm legisla- the distinguished chairman of the tion offers reform, opportunity, flexi- A COMPROMISE FARM PROGRAM Budget Committee, perhaps because of bility and predictability in a fiscally Mr. COCHRAN. Mr. President, in con- the fact that the President submitted responsible way and with the growing nection with the issue that is before February 6, 1996 CONGRESSIONAL RECORD — SENATE S 889 the Senate today, I hope Senators will Senate failed to invoke cloture, when years a balanced budget and which be able to support the petition to in- only 53 Senators voted for cloture. gave our senior citizens a solvent Medi- voke cloture so we can have a vote on Now we have another chance. We care system. the merits of amendments to and the need 60 Senators to vote to permit us What happened? The President of the farm bill itself, that will put in place a to reach the amendments and then the United States and his legions farm program for this and later years. merits of this bill. I urge Senators to demagogued that act, claimed that we This farm bill that is being presented look at the fact that we have made were attacking senior citizens, and to the Senate, and which we will reach some fundamental changes to attract a used every scare tactic they could on if we are able to invoke cloture today, large majority of support here in the senior citizens. The fundraising is a compromise that has been devel- Senate. There is a reauthorization of powerhouses here in Washington who oped to resolve the current impasse be- food and nutrition programs in this scare seniors regularly got their ma- tween the Congress and the adminis- bill. There is a reauthorization of the chines of paper cranked up and sent tration about the content of farm legis- Conservation Reserve Program in this out letters to seniors across this coun- lation. bill. There are revisions and a reau- try representing that the Republicans As Senators remember, we included thorization of a wetlands reserve pro- were misrepresenting what was hap- in the Balanced Budget Act the provi- gram that has support from many sec- pening with the Medicare trust fund sions of farm legislation that would be tors of this country. And there are and were trying arbitrarily and inap- in effect over the 7-year period that other provisions—an authorization for propriately to take on the Medicare was covered by the Balanced Budget a compact of New England States to trust fund, when, in fact, what we were Act of 1995. The Congress passed that join together to provide for themselves proposing would bring solvency to the and sent it to the President and he ve- a new dairy program. There are other trust fund. toed it. items in this bill that reflect an effort A couple of days ago, the chickens Because of that veto, we are now to reach out and broaden the base of came home to roost for this adminis- forced to go back and reexamine those support for this legislation. I hope Sen- tration because now, not only do their provisions relating to agriculture and ators will vote for cloture so we can trustees have a report filed which says to pull them out and put them together get on with the discussion of amend- that the trust fund is going to go in a freestanding bill so we can pass ments and the vote on final passage. broke, we find that the track for the that legislation. If we do not, laws that If Senators do not like some of these trust fund to go broke, to go bankrupt, have been on the books since 1938—and provisions, they can offer amendments has been accelerated, and that it is un- 1949, in some cases—will govern the ag- to them to strike them, and we can fortunately ahead of schedule. riculture programs that would be in have up-or-down votes on them. But let A report by the Medicare trust fund place for this crop year. These provi- us get past this point in the debate and actuary states, ‘‘Things turned out a sions are so out of date it is ludicrous. vote for cloture on this bill. little worse than we expected. We had The price support for wheat farmers Mr. GREGG addressed the Chair. projected that 1997 would be the first would go up to about $7-something a The PRESIDING OFFICER. The Sen- fiscal year with a deficit when, in fact, bushel. In order to qualify, you would ator from New Hampshire is recog- this year becomes the first fiscal year have had to have had allotments that nized. with a deficit.’’ were based on your planting experience Mr. GREGG. Mr. President, I ask What does that mean? That means, prior to 1950. unanimous consent to speak for 5 min- for the first time in the history of the It is unthinkable that this Congress utes as if in morning business. Medicare trust fund, since 1972, this is dragging its feet and making it dif- The PRESIDING OFFICER. Without will be the first year when more money ficult to enact farm legislation that objection, it is so ordered. goes out of the trust fund than comes would give producers of American agri- f into the trust fund. That is a bank- culture products the certainty of the ruptcy spiral that we have begun. THE MEDICARE TRUST FUND laws that govern the planting and the I have a chart here which we have production of those crops. But that is Mr. GREGG. Mr. President, I want to used before. It looks like a plane crash. what is happening. It is a disgrace. We continue part of the discussion that oc- In fact, it is called the plane crash need to put a stop to it, and to put a curred earlier which was carried for- chart, which shows what is happening stop to it we are going to have to vote ward by the fine Senator from Iowa, with the Medicare trust fund. This for cloture to limit debate of this issue Senator GRASSLEY, and to a certain ex- chart assumed what the trustees origi- so we can get to votes on the merits of tent by Senator DOMENICI, the chair- nally told us, which was the trust fund amendments and the bill itself, and to man of the Budget Committee, which would go broke in the year 2002, that it pass the legislation, send it to the involves the issue of where we stand in would start to run a deficit in the year House, meet in conference, and get a this whole budget process, because a 1997. We have to change this chart now. bill to the President. This has to be very important fact has been con- The trust fund now has a track that is done as soon as possible. firmed. something like this. It goes to the neg- Farmers are confronted right now About 6 months ago we on the Repub- ative this year, and somewhere out with the inevitability of a planting sea- lican side said that the Medicare trust here before the year 2002 it goes broke. son that is here, whether we legislate fund was in serious trouble, that the If this administration does not step it or not. We cannot slow down the senior citizens of this country were at up and stop demagoging the issue and planting season by simply not enacting risk for their health insurance because scaring seniors, what they are going to farm legislation. Lenders are going to the Medicare trust fund was going deliver to seniors is a trust fund that is have to extend credit based on some broke. Now, we did not arbitrarily broke. idea of what the returns will be in this come up with that statement. We took What right does this administration production year for wheat and corn that statement from the fact that the have to abuse the senior citizens in farmers and others who are covered by Medicare trustees, three of whom are this manner? What right do they have these laws. appointed by the President and serve in to stand in one room at one micro- I am hopeful that the Senate will rec- his Cabinet, stated in their report of phone and say, ‘‘Republicans are ognize our solemn responsibility to be April 3, 1995, that the Medicare trust harassing and inappropriately attack- fair with farmers and to undertake our fund was going to go broke in the year ing the trust fund and Medicare,’’ while obligation to legislate in a serious 2002 if something was not done to fun- at the same time the facts show that, if manner and stop the partisan squab- damentally repair it. So we made the a correction does not occur, the trust bling back and forth on who has the tough decisions of the party. We fund goes broke? better program, the Democrats or the stepped forward, and we made propos- A higher level of irresponsibility in Republicans. Forget it. This bill before als which made the Medicare trust fund managing this country and managing the Senate is a bipartisan substitute solvent. Our proposals were included in the finances and managing the future for the previous provisions that were the Balanced Budget Act, which gave of our seniors probably has not been before the Senate last week when the this country for the first time in 25 seen in recent times than what has S 890 CONGRESSIONAL RECORD — SENATE February 6, 1996 happened over the issue of Medicare both agree that NAFTA and GATT are grown in this great and plentiful Na- over the past 6 months as this adminis- bad news for Montana. Any State that tion is to make sure that we get at tration and this President specifically is on the border feels the effect of that. least a fair share of the consumer dol- have consistently misrepresented the We both agree that our Nation’s job- lar back on the land. Republican position and have failed to training programs need to be stream- Would it surprise you to know that step up to the plate to address what is lined and consolidated. We both agree only 3 cents out of every consumer dol- a critical issue for seniors. Basically in the need to repeal a federally man- lar spent for food is all that gets back this administration can no longer hide dated speed limit, of which my State to the farmer? We are to the point on the issue. The fact is their trustees caught a little criticism. And even where we cannot hardly make it on 3 have said it is going to happen, and though he supported his President, he cents out of every dollar. There is a lit- now their actuary has said it is not broke ranks with his Democrat col- tle imbalance here—$3.46 a pound for only going to happen, but it is happen- leagues by opposing the Brady bill and Wheaties in the grocery store, and up ing. It is happening in reality. We are the President’s crime bill. until this year we were having a hard now into a bankruptcy spiral in the So, Mr. President, I commend PAT for time getting $3.46 for a bushel of wheat Medicare trust fund. his service to my home State of Mon- of which there is 60 pounds. I have a So, Mr. President, I suggest you stop tana. In addition to his legislative du- hard time relating $5 T-bone steaks to running for reelection and that you sit ties, he has been a servant of our con- $60 fat cattle. Maybe I am in the wrong down and do the job you are paid for, stituents. Montanans of all stripes business, or I understand the other which is to come forward with a pro- could count on PAT to answer their business, but it is about time our proc- posal which puts the Medicare trust questions. They might not have liked essors, purveyors, our distributors, and fund back in balance or, alternatively, the answers all of the time, but he al- our retailers understand that we have accept ours. ways answered them. And when they to give something back to the man who Mr. President, I thank you for your had problems with the Federal Govern- produces the raw product. time. ment, he was there, too. So for 18 years There are a lot of automobiles and a Mr. BURNS addressed the Chair. he has traveled one of the largest con- lot of boats and a lot of vacations that The PRESIDING OFFICER. The Sen- gressional districts—both the western are paid for because we only expend ator from Montana. district when he first came to Con- about 16 percent of our expendable in- Mr. BURNS. Mr. President, I ask gress, and then, of course, the full come on food in our homes to feed this unanimous consent that I might be State in the last two terms. So I think society. We are truly a blessed Nation, yielded 5 minutes as if in morning busi- he will be missed by the State of Mon- but we still need policy for food and ness. tana. fiber in this country. And, of course, The PRESIDING OFFICER. Without This kind of public service can take with 1 farmer feeding 120 other folks objection, it is so ordered. its toll on a person. PAT would show up both in this country and abroad, it Mr. BURNS. I thank the Chair. at countless meetings, and I can re- makes it a very large industry. This f member them. There might be 5 or 500; bill changes the direction and the cul- it did not make any difference, PAT ture of farm programs. THE RETIREMENT OF was always there. In the Freedom to Farm Act, yes, REPRESENTATIVE PAT WILLIAMS So I wish him the best as he chooses there are some areas I would like to Mr. BURNS. Mr. President, I rise retirement. If you come across him change. Nobody ever gets a perfect bill. today to salute my colleague from fishing in one of our prized trout But nonetheless, we have to take a Montana, Congressman PAT WILLIAMS. streams in Montana or hiking a scenic look at it and see what it really does, PAT surprised all of us last month trail, I hope you tip your hat and say, if it gives our business people who live when he announced he would not seek ‘‘Thanks, PAT, for a job well done here on our farms and ranches the flexibil- his 10th term in the U.S. House of Rep- in the House of Representatives of the ity to operate their farms and ranches resentatives. PAT says he wants to get U.S. Congress.’’ the way they think they should and back to Montana to do a little fishing f also at a profitable level. and hiking. Well, few people know bet- I know if I had to go back to agri- ter than me what it is like to miss THE FARM BILL culture, where I was raised—on 160 Montana, so his annoucement—al- Mr. BURNS. Mr. President, I want to acres of 2 parts rock and and 1 part dirt though unexpected—was understand- talk a little bit about the problem be- in northwest Missouri—I probably able. fore us; that is, trying to get a farm could not make a living now, but I Mr. President, it is no secret that bill through this Congress. We are not know some people are trying to and it PAT WILLIAMS and I come down on op- very far away, even though the snow- is a struggle. This particular bill helps posite sides of just about every issue. flakes are flying around us in the out those folks. It moves us into a mar- He is a New Deal liberal and proud of northern part of the hemisphere, it will keting mode and takes us away from a it. While I may not always like where be soon that we will see the combines program that is dependent on the Gov- he stands, at least I know where he starting to roll in Texas. We are just ernment. We are not going to take the stands. I respect him for that and I finishing planting our spring wheat in full step all at once. And to my critics think the people of Montana do too. Montana when the combines start in who say this does not go far enough to Despite the differences between us, I Texas. We still do not have a farm bill eliminate guaranteed subsidies to agri- think there is a unique civility in the or a farm policy. culture, I say we have to take it maybe Montana congressional delegation. Our A lot more people live in urban areas one step at a time. At least let us debates over the years have been pas- than farm, but it is pretty important change the structure. Let us change sionate and heated, but I believe they to us in this country because the first the structure in which our farmers and have never been personal. PAT has been obligation of any society is to feed it- ranches can operate and still provide a worthy adversary during my 7 years self. I have always made the speech food and fiber for this Nation. in the U.S. Senate, and I will miss that that the second thing we do every day Foreign market development is a relationship. is eat. I do not know the first thing you good investment just like education is This does not mean that PAT and I do. You have a lot of options the first a good investment. As for ARS, the Ag- were not able to come together on thing in the morning, but the second riculture Research Service, I happen to some issues. In fact, when outsiders thing is you eat. We do a pretty good think we must never stop doing re- tried to impose there will on Montana, job of it in this country, but the main search in food production. Maybe a lot I would bet that PAT and I were on the challenge for all of us, both in Govern- of folks do not know this either, but same side more often than not. ment and in our commodity groups for the first time in the history of agri- We both agree that fair trade does that represent the livestock industry culture production in this country not always mean that our neighbors to or the grain industry or the fresh vege- yields of wheat are declining just a lit- the north can run roughshod over the table industry or the nut industry or tle bit. Why? Because we do not have Montana farmers and businesses. We the fruits and vegetables that are the plant breeders and the scientists February 6, 1996 CONGRESSIONAL RECORD — SENATE S 891 developing strains that are disease re- The PRESIDING OFFICER. Without particularly the children of broken sistant. We have to continue to do that objection, it is so ordered. families are devastating. In such an in order to keep our production up. The f era, I believe it is both instructive and same thing is true in our corn, soy- important to honor those who have IN HONOR OF GENE FISCHER beans, barley, and some other taken the commitment of ‘‘til death us feedgrains. So we need to make that in- Mr. BAUCUS. Mr. President, the job do part’’ seriously and have success- vestment in the Agriculture Research of a news photographer is not an easy fully demonstrated the timeless prin- Service. one. For every picture of a child enjoy- ciples of love, honor, and fidelity, to The Export Enhancement Program, I ing building a snow man with her par- build a strong family. These qualities am not a great fan of that, but it is re- ents—there is a picture of a crime make our country strong. tained in this bill. That is to ward off scene or a picture of a car wreck. Only For these important reasons, I rise unfair competition in the international the photographers themselves truly un- today to honor Donald and Mattie Bell market. I think those dollars ought to derstand how tough this job is, with Weiss who on January 20 celebrated go directly to the people who produce the long hours and never knowing their 50th wedding anniversary and will the grain, not the people who handle when or where they will have to go to renew their wedding vows. My wife, the grain or the big grain companies. It do their job. Janet, and I look forward to the day we should get back to the farmer some I rise today to honor one of the best can celebrate a similar milestone. Don way or other. news photographers our country has— and Mattie’s commitment to the prin- So, no, it is not a perfect bill. On the Gene Fischer of the Helena Independ- ciples and values of their marriage de- conservation end of it, the CRP is very ent-Record—who retires today after 35 serves to be saluted and recognized. I successful, taking marginal land out of years to the day of chronicling the wish them and their family all the best production, the development of wet- lives of Helenans and Montanans on as they celebrate this substantial lands. I know in Montana our bird pop- the front page and sports pages of our marker on their journey together. ulation, our wildlife numbers have in- newspapers. f creased since CRP, the Conservation My home town is Helena. Gene is the AMERICA’S WORKFORCE IN THE Reserve Program, has been put into ef- type of hard-working Montanan I have 21ST CENTURY fect. That is very good in taking some in mind when I say that we in public Mr. BYRD. Mr. President, Markley marginal land out of production that service need to focus on every day folks Roberts, the Assistant Director of the should never have been in production who work hard to make a living and Economic Research Department of the in the first place. We have noticed serve their community. From his first American Federation of Labor and that. It has great support. job stuffing papers for the Billings Ga- Congress of Industrial Organizations, So here is a program that is sup- zette in 1951, to his promotion to chief recently gave the last of the 1995 ported by agriculture. Farmers are photographer for the Independent Benedum Lectures on the subject telling me, ‘‘Let’s go with it.’’ It sends Record in 1974—Gene has kept his nose ‘‘America’s Workforce in the 21st Cen- us in a new direction. But we are also to the grind stone and worked hard. tury’’ at West Virginia University. talking about a time when agriculture He has achieved goals and worked I ask unanimous consent that a copy commodities are doing very well with hard to become the best he can be. His of his remarks, along with biographical the exception of the cattle business. career and his drive are excellent ex- material, be printed in the RECORD. And there is some room for develop- amples for our children and students as There being no objection, the mate- ment here in our part of the country. they search for their mission and role rial was ordered to be printed in the So I urge a ‘‘yes’’ on this cloture in their lives. RECORD, as follows: vote. Let us proceed with this bill and It has become a popular thing to REMARKS BY MARKLEY ROBERTS, ASSISTANT debate it like it should be debated and criticize the news media these days. DIRECTOR OF ECONOMIC RESEARCH, AFL– pass those programs that can be Whether it be the hype of the O.J. CIO, IN THE 1995 BENEDUM LECTURE SERIES, passed, but let us at least give agri- Simpson trial, the goofy scandal-sheet UNIVERSITY OF WEST VIRGINIA, MORGAN- culture a program to which we can pin shows, the Mc-News newspapers or TOWN, WEST VIRGINIA—DECEMBER 6, 1995 our future. hate-radio talk shows—I myself have AMERICAN WORKERS IN THE 21ST CENTURY Mr. President, I thank the Chair. I been critical and remain critical of cer- I appreciate this opportunity to talk with yield the floor. tain folks in the so-called news media. you about American workers in the 21st Cen- Mr. DOLE addressed the Chair. But Gene Fischer is a newsman like tury. I bring to this discussion 40 years as a The PRESIDING OFFICER. The ma- few in the journalism and news indus- union member, elected union officer, and jority leader. speaker for the AFL–CIO, a federation of 79 try of today. He is solid. He is compas- unions representing 13 million workers. So Mr. DOLE. We are about to get an sionate. And he understands that the agreement on the cloture vote here. it’s obvious that I have pro-worker, pro- picture he takes and the images he union instincts. f publishes are those of his neighbors, We all share a common concern for politi- UNANIMOUS-CONSENT friends, and family. It is a tough job, cal democracy, even though we may have dif- AGREEMENT—CLOTURE VOTE and he does it fairly and professionally. fering views on how political democracy should affect social and economic justice. I Mr. DOLE. Mr. President, I ask unan- When a Gene Fischer photograph hope you share these concerns, and also my imous consent that the cloture vote on publishes in the Helena Independent concern for human rights and human welfare the substitute occur at 4:10 today, the Record, Gene’s name is very small— generally, as well as worker rights and work- time between now and then to be printed at the very bottom, almost ers’ welfare. unreadable. But in Montana journal- We are blessed in the United States of equally divided between the distin- America with wonderful traditions of free- guished chairman, Senator LUGAR, and ism, Gene Fischer is a giant name. And I thank him for his years of dedication dom, democracy, and a drive for justice. Let Senator LEAHY, or their designees. me assure you that I appreciate what we The PRESIDING OFFICER. Is there and service. have in America—but there’s no resting objection? The Chair hears none, and it f place, there’s no stopping the endless search is so ordered. HONORING THE WEISS’ FOR CELE- for freedom, democracy, and justice, no stop- The PRESIDING OFFICER. Who ping the endless battle against injustice. BRATING THEIR 50TH WEDDING It’s not easy to define justice. I envy the yields time? ANNIVERSARY Mr. LUGAR. I suggest the absence of judge who said ‘‘I can’t define pornography, but I know it when I see it.’’ Well, you have a quorum. Mr. ASHCROFT. Mr. President, these are trying times for the family in to look at a lot of pornography to know it The PRESIDING OFFICER. The when you see it—and you have to look at a clerk will call the roll. America. Unfortunately, too many bro- lot of injustice—political, economic, and so- The assistant legislative clerk pro- ken homes have become part of our na- cial injustice—so you can recognize justice ceeded to call the roll. tional culture. It is tragic that nearly when you see it. Mr. LUGAR. Mr. President, I ask half of all couples married today will LABOR FORCE PROJECTIONS unanimous consent that the order for see their union dissolve into divorce. Our search for justice is endless because the quorum call be rescinded. The effects of divorce on families and America is always changing. The racial S 892 CONGRESSIONAL RECORD — SENATE February 6, 1996 make-up of our population and our labor technology and high productivity in coal problems as changing technology, changing force is changing. Diversity, civil rights, and mining go up even faster than demand for education requirements, discrimination equal opportunity are continuing challenges coal is going up. based on age, race, sex; and trade policies in our search for justice. The best jobs in the 21st Century—as in the that wipe out American jobs. Let me lay out some projections on the 1990s—will be the high-skill, high-pay jobs Whatever the reasons for unemployment— American labor force in the 21st Century. that require more and more education and and there are many of them—the key policy- Population growth, labor force participa- training. There will be more of these jobs. makers in the American economy seem to be tion, and immigration are key factors in de- The biggest rewards will go to the symbol tolerating higher and higher levels of unem- termining the size of our labor force. analysts and symbol manipulators, the peo- ployment. A misguided and excessive fear of White, non-Hispanic people will be a small- ple who can manipulate words and ideas and inflation lies behind the powerful economic er part of our total population in the 21st computer systems and financial systems. judgments and decisions of the banker-domi- Century (they have lower fertility rates)— Does that sound like politicians, computer nated Federal Reserve Board which makes and blacks, Hispanics, Asians, Pacific Island- whiz kids and Wall Street buccaneers? I key decisions on interest rates and money ers, and American Indians will have a bigger think so. supply. Inflation is not the problem. It’s the share of America’s population. Unfortunately, although the high-skill, Federal Reserve that’s the problem. By the year 2005 our total labor force will high-pay, symbol manipulator jobs have the The Federal Reserve wrongly operates on be well over 150 million. This is men and fastest percentage growth, in fact the big- the discredited theory that there is some women 16 years and older who are working or gest number of jobs opening up are low-skill, ‘‘natural rate of unemployment’’ and if un- looking for work. low-pay jobs—janitors and cleaners, waiters employment goes below the so-called ‘‘natu- Four out of five workers will be white— and busboys, food preparation jobs, security ral rate’’ then inflation will mess up the (82%). guards, nursing aides and orderlies and other economy. This is [a] wrong view of how the One out of eight will be black—(12%). low-paid hospital and health service workers. American economy operates, and it deserves One out of 16 will be Asian, Pacific Is- Many of these janitors and security guards a thorough critique—but I am going to spare lander, or American Indian—(6%). will have high school diplomas and some will you what is a very abstract, abstruse argu- One out of 9 workers will be Hispanic, have college degrees because they can’t find ment and simply say that there are some (11%)—but Hispanics also appear in white, higher-level, higher-pay jobs. It will take very distinguished economists—including black, and other categories. more education and training to get a job— Nobel prize-winners James Tobin and Robert The labor force participation of women has but there’s no guarantee it will be a high- Solow—who disagree with the theory of a gone up so much over the past 30 years that level, high-pay job. ‘‘natural rate of unemployment.’’ the numbers of men and women in the labor Unfortunately, it is a polarized occupa- Unfortunately, unless we have a major, force are already very nearly equal. But the tional distribution that is developing—more catastrophic economic breakdown, the anti- Bureau of Labor Statistics expects a con- high-skill, high-pay, professional jobs at the inflation zealots at the Federal Reserve will tinuing increase in women’s labor force par- top—but many more low-skill, low-pay jobs continue to use their money-and-interest- ticipation (to 63%)—and a slight drop in at the bottom, and fewer and fewer middle- rate power to hold back job-creating eco- men’s labor force participation (to 75%). range, middle-class jobs—jobs which have nomic growth. Why so? Because the general Immigration is a big question mark for the been a solid foundation for a mass produc- public and most political leaders don’t un- future. There is now an unfortunate tend- tion economy based on widely dispersed mass derstand monetary policy—and because the ency to scapegoat legal as well as illegal im- buying power, the foundation for a stable banker interests that dominate the Federal migrants for some of America’s economic middle-class society, the foundation for a Reserve are more concerned about having a and social problems. There are proposals in stable democratic political system. stable dollar than they are about having full Congress to cut back legal immigration and Polarization in our distribution of job employment. to deny various benefits to legal immigrants. skills and polarization in earnings from work This violates my sense of justice—even if it My guess is that legal immigration will drop will continue to challenge our sense of jus- doesn’t bother the bankers. from 800,000 a year now to about 600,000. No tice in the 21st Century. WORKERS IN POVERTY one knows exactly how much illegal immi- UNEMPLOYMENT Poverty in America is another challenge to gration there is. It may be 1 million a year. our sense of justice. Michael Harrington and Some years ago Dr. Harvey Brenner of the But immigration—past, present, and future— Hubert Humphrey deserve a lot of credit for Johns Hopkins School of Public Health did a legal and illegal—will continue to add more awakening America’s conscience on poverty. very scholarly study which showed that in- Hispanics and Asians to America’s labor Humphrey gave an education to Jack Ken- creases in unemployment have a clear nega- force. nedy in West Virginia’s 1960 primary cam- tive effect on workers and their families and The message I draw from all this—more paign and laid the groundwork for Lyndon on local communities—more murders, more women permanently in the labor force, more Johnson’s War on Poverty. suicides, more heart ailments, more mental diversified racial composition of the labor But poverty is still here. Most poverty is illness, more drug abuse, more family vio- force, continuing legal immigration—— related to unemployment and low wages. We lence, more family breakdown, more commu- Diversity and equal opportunity issues are have in the United States almost 40 million nity crime. (1% UE, 2% heart, 5.6% homicide) here to stay in the 21st Century—and they Americans in poverty, about 15 percent of Unemployment is a personal tragedy, a will continue to challenge our sense of jus- the population. That’s one out of seven human tragedy for the workers without a job tice. Americans living in poverty—and one out of and for their families. Most workers are pay- every five children in America lives in pov- WHERE ARE THE JOBS? ing on a mortgage, paying on a car, paying erty. A healthy economy and a healthy society for their children’s dental care, paying for Unemployment compensation and welfare should be creating enough good-paying jobs food on the table. When they lose their jobs, payments are part of the social safety net for every American who needs a job and they often lose also their medical care plan system that we have put together to protect wants to work. The Employment Act of 1946 and their pension rights. This violates our Americans who need help—but training and and the Humphrey-Hawkins Full Employ- sense of justice. decent-pay jobs are also necessary. The so- ment Act of 1978 reflect America’s belief that The human costs of unemployment are called welfare reform bills now before Con- the opportunity to work at a decent-paying huge. It’s almost impossible to quantify the gress will do little or nothing to relieve pov- job is an important component of economic human costs and human hardship. That’s erty—and may even increase poverty by forc- justice. why I am so grateful for Dr. Brenner’s study. ing more and more welfare recipients into What jobs will be available in the 21st Cen- But the economic costs are also huge. Econo- low-wage labor markets where they will tury? Where are the jobs going to be? Who mists have estimated unemployment costs at drive down [the] wages and earnings of will get available jobs? hundreds of billions of dollars, the difference America’s working poor. Most of the new jobs are going to be in the between actual output and potential output. Census figures show 10 million working service-producing sector of the American The Congressional Budget Office has esti- poor—people who work at least part of the economy. Already 70 percent of jobs are in mated that each 1 percent of unemployment year, but cannot find full-time, year-round the service sector—but 95 percent of the new costs the American economy $150 billion— work to lift themselves and their families jobs created in the next 15 or 20 years will be $100 billion in lost output and another $50 out of poverty. in the service sector. billion in extra costs of unemployment com- But what I find even more outrageous is Most of the job creation will come in pensation and welfare payments. And this the fact that two-and-half million Americans health care, business services, retail trade, does not take into account the extra health work full-time year-round at such low wages government, and FIRE (finance, insurance, and crime costs that Harvey Brenner found. that they still cannot pull their families up and real estate). Economists often distinguish different out of poverty. This is a powerful argument Goods-producing industries—manufactur- kinds of unemployment: frictional unem- for raising and indexing the minimum wage. ing, mining, and construction—will have no ployment when you are just between jobs; Raising the minimum wage helps reduce job growth. In fact, the Bureau of Labor Sta- seasonal unemployment related to the time poverty. So do employment and training pro- tistics projects fewer and fewer jobs in coal of year; cyclical unemployment related to grams, Medicaid, food stamps, the Earned In- mining—in spite of growing foreign demand ups and downs of the business cycle; and come Tax Credit, and other safety-net pro- for coal from the U.S.A.—Why so? Because structural unemployment related to such grams that help low-income people and many February 6, 1996 CONGRESSIONAL RECORD — SENATE S 893 middle-income people. But I remind you—in union to represent you there’s not much you The first and foremost role of unions in the a non-partisan way—that the Republican- can do about it. When Congress passed the U.S.A. is to represent their members in bar- dominated Congress is cutting and killing WARN law requiring 60 days advance notice gaining with management for better wages most of these programs that help poor people of plant closing, big business fought tooth- and working conditions. To many people this rise up out of poverty. and-nail to get weakening loopholes in the looks like an adversary relationship between Is this social or economic justice? I think law—even though some of those same compa- unions and management, and in some re- not. nies have union contracts requiring even spects it is just that during the negotiation The result of these slash-and-burn tactics more advance notice. of a contract as unions try to get more for is that poverty will remain a challenge to Top executive pay in big corporations is the workers. our sense of justice well into the 21st Cen- out-of-sight to the average American work- But most contracts run for two to three tury. er. Business Week reports these top execu- years. During the life of the contract, the INEQUALITY IN INCOME AND WEALTH tives averaged $3 million last year—120 times union will be protecting its members from arbitrary or unfair actions by management, Let me turn now to America’s widening the $25,000 earned by the average factory protecting the safety and health of work- gaps in income and wealth. The rich are get- worker—and often executive pay raises bear ers—but the job security and economic secu- ting richer. The poor are getting poorer. And no relation to company profits. Is this economic justice? Do we want the rity of the workers depends on the employ- our middle class is getting smaller. Is this American economy, American society, and er’s profitability and continued existence. economic justice? American politics in the 21st Century to be That’s why you find more and more en- The richest 5 percent of America’s families so heavily dominated by unaccountable, lightened employers and unions working to- got real income gains of 40 percent between overpaid corporate executives who are out of gether in joint labor-management commit- 1979 and 1993. Families in the middle lost 2.6 touch with the hopes and fears and living tees in a wide variety of worker training and percent in real income—and the poorest 20 standards of average American families. I ‘‘mutual gain’’ productivity-raising pro- percent of American families lost 15 percent think not. grams, with more and more emphasis on re- in real income. structuring work and empowering workers This is not news. You can read about it in UNIONS IN THE 21ST CENTURY to participate in the decisions that affect Time or Newsweek, in Forbes, Fortune, or I turn now to the role of American labor their working lives and affect profitability of Business Week. It is the subject of concerned unions in the 21st Century. With or without the employer. labor law reform, unions are here to stay be- editorials, especially now that Congress is Co-operation of this kind is not a one-way cause they meet a basic human need, the cutting programs that help middle-class and street. It depends on trust and mutual com- need to participate in the decisions that low-income people and preparing to heap $240 mitment. Management cannot attack unions shape your life and your future, the need to billion in tax cuts on rich folks and big cor- and expect co-operation. porations. have justice on the job. Many management people feel threatened That’s why almost all union-management The distribution of wealth is even more un- by the idea of giving workers more informa- agreements require fair treatment on pay equal than the distribution of income—and it tion about company production and financial and benefits and job security, and due proc- has become more unequal in the last 15 affairs. They feel threatened by shared deci- ess for grievances, including outside arbitra- years. The top 1 percent, the richest in the sion-making. But there’s a lot of evidence tion. country, own 40 percent of all wealth and 50 that ‘‘empowering workers’’ not only in- Our national labor policy is supposed to percent of all financial wealth in the United creases democracy in the workplace—it also guarantee working men and women the right States. For most of us, our biggest wealth raises workers’ commitment and motivation, to organize and the right to bargain collec- holding is in our home—but for the top 1 per- raises quality of the product or service, tively so that workers, acting through freely cent most of their wealth is in stocks and raises efficiency, productivity, and profits. chosen, independent labor unions, can joint- bonds. Justice on the job includes a unionized ly negotiate the terms and conditions of Between 1983 and 1989, the richest 1 percent workplace—and a unionized workplace can their employment. got more than 60 percent of the nation’s en- raise productivity and profits. This is the way we achieve some degree of tire increase in financial wealth—and be- POLITICS IN THE 21ST CENTURY tween 1989 and 1992 the top 1 percent got 68 democracy in the workplace. This is the way I suggested earlier that big business domi- percent of the nation’s increase in financial we have built up a system of industrial juris- nates the democratic political process in wealth. prudence, a way of making labor-manage- America, but that’s only a partial truth. In In fact, America has never been an egali- ment relations more civilized. addition to the big money of big business, in tarian society—but the last 15 years have Unfortunately, the reality too often is that addition to our two major political parties, produced more and more economic, social, these basic worker rights are violated by we have a lot of political activity by orga- and political polarization—polarization that anti-union employers determined to thwart nized labor at the local, state, and national will bring social and political troubles in the workers’ efforts to form a union and bargain level. 21st Century. collectively. The business of union-busting—and it is I want to pay my respects here to one of la- Is this economic justice? I think not. big business—is a major part of the expla- bor’s most respected, most effective leaders, BIG BUSINESS POWER nation for the decline of union membership Joe Powell, President of the West Virginia Let me turn to big business. Americans are in the U.S.A. from a 1955 high of 35 percent AFL–CIO Labor Federation. I have know him ambivalent about big business. We want the of the labor force to the current rate of 16 or for many years. He is a tower of strength in benefits of bigness—but we are right to fear 17 percent. America’s labor movement. the concentration of economic power. There are additional reasons, of course. The labor movement can never come close It’s no secret that the decisions of giant Trade policy and imports have decimated to matching the huge flow of political money multinational corporations and big banks union jobs in manufacturing. The big in- from big business disguised as personal con- dominate huge sectors of the American econ- crease of jobs has been in state and local tributions from business executives and their omy, dominate much of our politics, domi- government and in the hard-to-organize serv- spouses and children. But fortunately we nate much of economic policy-making. ice-sector industries. John Sweeney, the new have among our 13 million union members If you take the top 10 companies in bank- President of the AFL–CIO, was formerly thousands and thousands of political activ- ing, energy, manufacturing, telecommuni- President of the fast-expanding Service Em- ists who distribute voting records, who cations, retail and service, or transportation, ployees Union, so I expect a heavy emphasis punch doorbells to get out the vote, who are you will find a tremendous concentration of in the future on Union organizing in the committed to the democratic process, who economic power—and a lot of overlapping, service sector and growth of white-collar and are committed to bringing more democracy interlocking controls through banks and pink-collar unionism. and more justice to America. board of directors. Why do I expect unions to grow in the 21st Unions and union members will be there in Big business decisions affect the nation’s Century? One reason is what I have described the 21st Century, pushing for democracy and prosperity and the jobs and earnings and liv- as the human need to participate in the deci- justice in city and county councils, in the ing standards of all Americans—but there’s sions that shape your working life. I see this halls of the state legislatures and in the little or no accountability to the general as a basic human right. halls of Congress. public. Also, with more and more women and mi- And unions and union workers will be The Mine Workers learned this in their norities and older workers there will be more there in the 21st Century at the ballot box, fight with Pittston. The Steelworkers and more need for on-the-job quick response at the bargaining table and in the workplace, learned this in their fight with Ravenswood. to discrimination and harassment based on pushing for justice on the job and for more And thousands of laid-off bank workers sex, age, and race. A union in the workplace justice in all aspects of American life. learned this after the Chase-Chemical bank can help defend workers with this quick re- merger. sponse. BIOGRAPHY OF MARKLEY ROBERTS Is this economic justice? Most important, perhaps, is the self-inter- Markley Roberts is a distinguished econo- Suppose your employer decides to be lean est of enlightened employers who will em- mist at the ALF–CIO labor union federation and mean, to downsize and layoff workers or power their workers and enlist their unions with a long list of professional accomplish- shift production from West Virginia to Mis- in raising quality, raising efficiency and pro- ments and publications. He is currently As- sissippi—or to Mexico. Unless you have a ductivity, lowering costs, and raising profits. sistant Director of Economic Research and S 894 CONGRESSIONAL RECORD — SENATE February 6, 1996 Director of the AFL–CIO Office of Employ- The meaning of his extraordinary life goes weather personal and political storms with ment and Training. beyond his various achievements as our 40th equanimity. She fostered in him and his Born in Shanghai, China, in 1930, the child president. Those achievements would not brother an incentive to work hard, and to of missionary teachers, Roberts graduated have been possible were it not for a moral live by the Ten Commandments and by the from Princeton University in 1951 with an fiber and affability that most Americans ex- Golden Rule. A.B. in Public Affairs. He received an M.A. in pect but seldom get from their presidents. ‘‘My parents were rich in their love and Economics in 1960 and the Ph.D in Econom- While Ronald Reagan’s ethics and principles wisdom, and endowed us with spiritual ics in 1970 from American University. He played a major role in his efforts to balance strength and the confidence that comes with worked at the Washington Star newspaper economic growth with true human needs, his a parent’s affection and guidance,’’ the from 1952 to 1957. From 1958 to 1961 he was a courage and steadfast convictions helped set former president told me. ‘‘The Reagans of legislative assistant to Senator Hubert H. a new, positive direction for America—lift- Illinois had little in material terms, but we Humphrey. Since 1962 he has worked at the ing it from a feeling of discouragement, and were emotionally healthy.’’ AFL–CIO, first as a legislative assistant in giving the people renewed confidence and The Rev. Billy Graham describes Ronald the AFL–CIO Department of Legislation and, pride in their nation. His commitment also Reagan as a man of compassion and devo- since 1971, as an economist in the AFL–CIO served as the necessary catalyst in develop- tion, a president whom America will remem- Department of Economic Research. In 1985 ments that led to the end of the Cold War. ber with pride. ‘‘He is one of the cleanest, he was named Director of the AFL–CIO Of- In an era of cynicism about the character most moral and spiritual men I know,’’ Mr. fice of Employment and Training. In 1989 he and veracity of political leaders, Mr. Rea- Graham told me. ‘‘In the scores of times we also became Assistant Director of Economic gan’s integrity and vision warrant particular were together, he has always wanted to talk Research. attention on this, the 85th anniversary of his about spiritual things.’’ In recognition of his experience and birth. On many occasions over the past 21 years, Mr. Reagan shared with me his philosophies achievements in the field of industrial rela- THE ‘‘GREAT COMMUNICATOR’’ tions and collective bargaining, Roberts was and his views on politics, foreign affairs, re- His courage as the ‘‘Great Communicator’’ elected to the executive board of a national ligion and human nature. ‘‘I believe that was evident in his dramatic open letter 15 professional association, the Industrial Rela- each person is innately good,’’ he observed. months ago in which he revealed that he had tions Research Association in 1977. In rec- ‘‘But those who act immorally do so because been diagnosed with the early stages of Alz- ognition of his accomplishments in the field they allow greed and ambition to overtake heimer’s disease. His handwritten letter was of unemployment compensation, he was their basic goodness.’’ poignant, and vintage Reagan. Afflicted with These beliefs, while the source of many of elected to the National Academy of Social the irreversible neurological disorder, he his greatest triumphs, also set the stage for Insurance in 1991. wrote that ‘‘In sharing the news, it might some of his disappointments. One regret was Mr. Roberts is a publications consultant to promote greater awareness of this condi- that he did not demand greater accountabil- Economics America, the National Council tion. .. I intend to live the remainder of the ity from his staff—‘‘especially those who for Economic Education, and a member of years God gives me, doing the things I’ve al- abused their power with arrogance.’’ He ac- the advisory board for ‘‘The Senior Econo- ways done. I now begin the journey that will knowledged that the tendency not to fire mist.’’ anyone had serious ramifications. ‘‘For in- He has a long list of publications which in- lead me into the sunset of my life.’’ stance, any errors in our dialogues with Iran clude ‘‘Making Sense of Federal Employ- Colin Powell is among the millions who resulted because some of my subordinates ment and Training Policy for Youth and were moved by Mr. Reagan’s gesture. ‘‘It was exceeded their instructions without report- Adults’’ and ‘‘Labor’s Key Role in Workplace a beautiful personal letter to everyone,’’ ing back to me,’’ he stressed. ‘‘When I read Training.’’ Gen. Powell told me. ‘‘Frankly, that action made it easier for me to deal with my wife’s the Tower Commission Report, it looked as f depression when it became public.’’ if some staff members had taken off on their During a conversation I had with Ronald own.’’ RONALD REAGAN AT 85: A Another issue that troubled him was the BIRTHDAY TRIBUTE Reagan last year, he wondered aloud whether he had inherited the illness from his mother. public perception that he was prejudiced Mr. DOLE. Mr. President, today was Alzheimer’s may have somewhat diminished against minority groups and not concerned a very special day at the Senate Repub- his spark, but Mr. Reagan’s genuineness and about the poor. He maintains that he had lican policy lunch, as we spoke with charisma still shine through. Away from the fought for legislation that would make wel- fare programs more effective. ‘‘My economic President Reagan on the phone, and Oval Office for seven years now, he still looks presidential. Routinely working in his program was based on encouraging business- wished him a very happy 85th birthday. men to create more jobs and to better the Last week, the Senate passed a reso- office, he continues to captivate visitors with his inimitable personality and atten- conditions of their employees,’’ he noted. ‘‘I lution paying tribute to President tiveness. think I succeeded.’’ Reagan on this occasion, and I have His dark brown hair is now tinged with a On the day before his presidency ended, Mr. Reagan granted me his last interview in seen a variety of other salutes in re- bit of gray, and he remains the model of good the Oval Office. He told me that the saddest cent newspapers. grooming and fashion. One day last week, he day of his eight-year tenure was on Oct. 23, One of the best of these was written was his old handsome self attired in a blue 1983, when 241 U.S. servicemen died in a ter- pinstripe suit and blue tie, accentuated by a by long time White House correspond- rorist bombing in Beirut, Lebanon. ‘‘To save gold tie clip in the shape of the state of Cali- ent Trude Feldman, and is published in our men from being killed by snipers from fornia, where he served eight years as gov- today’s Wall Street Journal. private armies that were causing trouble in ernor. ‘‘The reason I’m doing as well as I Trude first met Ronald Reagan when, Lebanon, it was decided to shelter them in a am,’’ he says, ‘‘is because of loving support concrete-reinforced building,’’ he recalled. as the then-president of the Screen Ac- from Nancy [his wife of 44 years]. She is my ‘‘But no one foresaw that a suicide driver tors Guild, he signed her SAG card. She comfort, and has enhanced my life just by also covered the Reagan presidency, as with a truckload of explosives would drive being a part of it. She has made it so natural into the building and blow it up.’’ she has so many others. And her por- for us to be as one that we never face any- At the close of that Oval Office interview, trait of him is rich in personal recol- thing alone.’’ I asked him to describe his presidency in one lections and fond memories. In short, it Mr. Reagan’s close brush with death 15 line. ‘‘We won the Cold War,’’ he said with- captures the essence of this remarkable years ago changed his attitude toward life out hesitation. ‘‘That phrase didn’t originate man. and death. It was on his 69th day as president with me, but I’ll settle for it. What counts is when, from a distance of 13 feet, I saw him that there is an end to the Cold War, and I Mr. President, I ask unanimous con- shot by a would-be assassin. Mr. Reagan told sent that the article by Trude Feldman now feel justified in my theme of ‘Peace me the traumatic experience had given him Through Strength.’ ’’ be printed in the RECORD. a greater appreciation of life that he had pre- Former President George Bush adds: ‘‘Ron- There being no objection, the article viously taken for granted. ‘‘My survival was ald Reagan’s foresight put us in a position to was ordered to be printed in the a miracle,’’ he said. ‘‘The ordeal strength- change our relationship with the Soviet RECORD, as follows: ened my belief in God and made me realize Union and to make it possible for the [From The Wall Street Journal, Feb. 5, 1996] anew that His hand was on my shoulder, that changes that took place in Eastern Europe. He has the say-so over my life. I often feel as And he certainly helped bring democracy to RONALD REAGAN AT 85: A BIRTHDAY TRIBUTE though I’m living on the extra time God has our hemisphere. (By Trude B. Feldman) given me. Mr. Bush, having worked closely with Mr. Tomorrow Ronald Reagan celebrates his When Ronald Wilson Reagan was born in Reagan as his vice president, also told me: 85th birthday, thus becoming the fifth Amer- Tampico, Ill., his delivery was so com- ‘‘True, he was a man of principle on the is- ican president to reach that milestone. ‘‘The plicated that his mother was cautioned not sues. But, even more than that, the Amer- anniversaries of my birth aren’t important,’’ to bear more children. So she doted on him ican people loved him for his genuine de- he once told me. ‘‘What is important is that and soon became the primary influence in cency, his unfailing kindness and his great I’ve tried to lead a meaningful life, and I his life. From her, he acquired the stability sense of humor. He is a true believer in the think I have.’’ and confidence that later enabled him to goodness of America.’’ February 6, 1996 CONGRESSIONAL RECORD — SENATE S 895 THE FINEST GIFT Posted by Medicare Fund Two Years tection to seniors and the disabled Edwin Meese III, former attorney general, Early’’. What that means is that—for than are available from the current notes that Mr. Reagan’s legacy to America the first time in its history—Medicare Medicare Program. continues to this day. ‘‘Many are calling the spent more money than it took in I urge my colleagues and the Amer- congressional leadership’s agenda the Second through payroll taxes. Mr. President, ican public to call for bipartisan action Reagan Revolution,’’ he says. ‘‘More impor- those of us who have been telling the to preserve, protect and strengthen tantly, Mr. Reagan continues to inspire Americans of all ages to value the patriotism truth about Medicare knew the situa- Medicare. Saving Medicare in the short and leadership which he so splendidly dem- tion was serious. But, this article tells term—the next 10 years—should be the onstrated.’’ us that it is even worse than we knew. easy part. We must revisit the issue as Longtime Reagan aide Lyn Nofziger con- Experts had predicted in good faith we prepare for the future and the en- curs, adding: ‘‘History will surely record that the Medicare trust fund would rollment of the baby boomer genera- that the finest birthday gift already given to grow, but despite their best efforts, tion. Changes must be made now to Mr. Reagan by Americans is a Republican they were off by nearly $5 billion. And protect our seniors and the disabled. If House and Senate that are determined to we know for certain that once the trust we fail to act now, a much higher price carry on the Reagan Revolution.’’ Yet Mr. Reagan says that the best birthday fund begins to lose money, it is on a will eventually be paid by our children gift for him this year would be that sci- rapid path to depletion. Richard Fos- and grandchildren. entists receive the support they need to find ter, the Health Care Financing Admin- The irresponsible approach is to a treatment and a cure for Alzheimer’s so istration’s chief actuary, is quoted as think of Medicare as a non-evolving that others will be spared the anguish that saying, ‘‘Obviously, you can’t continue program. It must keep pace with the the illness causes. very long with a situation in which the times. It must be cost-effective and de- Ever the altruist, Ronald Reagan—even for expenditures of the program are sig- liver quality care to our seniors and his birthday wish—places the welfare of oth- nificantly greater than the income. our disabled. Only fundamental re- ers above his own. It is a characteristic that * * * Once the assets of the trust fund has served him faithfully until now, and is structuring of the Medicare Program one that will sustain him on his ‘‘journey are depleted, there is no way to pay all offers stability for the future. We must into the sunset’’ of his life. the benefits that are due.’’ Within less not fall back on the traditional ap- f than six years, Mr. President, there proach of raising payroll taxes and will be no money to pay for any hos- ratcheting down provider fees. We must THE BAD DEBT BOXSCORE pital services, for any senior citizen in reintroduce the private sector prin- Mr. HELMS. Mr. President, a lot of this country. This is not expected to ciples into this public program. Re- folks do not have the slightest idea occur in the distant future. Again, this structuring does not result in a fun- about the enormity of the Federal will happen within the next 6 years, damental dismantling of the program. debt. Every so often, I ask groups of perhaps even before the end of my Sen- Rather, it offers beneficiaries the same friends, how many millions of dollars ate term. choice of high quality health care are there in a trillion? They think There are no signs of improvement in available to younger Americans. It of- about it, voice some estimates, most of the near future. Mr. Foster, points out fers greater out-of-pocket protection, them wrong. the causes of the shortfall: First, in- more choice of benefits and services One thing they do know is that it was come to the trust fund through dedi- and greater continuity of care. It the U.S. Congress that ran up the enor- cated payroll taxes was less than ex- brings Medicare from a pretty good mous Federal debt that is now about pected; second, hospital admissions in- program based on the 1965 health care $13 billion shy of $5 trillion. To be creased; third, patients were sicker; market to a great program ready to exact, as of the close of business yes- and fourth, hospitals filed claims more meet the needs of the next century. terday, February 5, the total Federal quickly. Projections are never going to f debt—down to the penny—stood at be perfect, but the important thing is $4,987,400,986,833.50. Another sad statis- that most of the prediction error was A CELEBRATION OF THE LIFE OF tic is that on a per capita basis, every that Medicare spending grew faster ERNIE BOYER man, woman, and child in America than was projected. Without fundamen- Mr. KENNEDY. Mr. President, on owes $18,930.61. tal restructuring of the Medicare Pro- Sunday, January 21, 1996, over 500 peo- So, Mr. President, how many million gram, bankruptcy is certain, and in- ple from across the country and world, are there in a trillion? There are a mil- creasingly swift. gathered at the Princeton University lion million in a trillion, which means The reaction of the Health Care Fi- Chapel in New Jersey to share their that the Federal Government will nancing Administration in the past has memories of one of the giants of Amer- shortly owe 5 million million dollars. been to analyze and attempt to figure ican education, Ernie Boyer, who died Sort of boggles the mind, doesn’t it? out the problem. Once again, that has on December 8, 1995. f been HCFA’s response to the latest re- Ernie was a great friend to me, and ports. Historically, the Federal Gov- many others in Congress, and a great MEDICARE: A CALL FOR REFORM ernment is far slower than the private champion of education. Millions of peo- Mr. FRIST. Mr. President, I rise sector to respond with action to such ple have better lives today because of today because I cannot in good con- problems. We must learn from the pri- Ernie. I believe that the tributes given science remain silent. As we all know, vate sector about the value of prudent at the memorial service will be of in- for many years, the Medicare board of and decisive action. The 1996 trustees terest to all of us in Congress, and I trustees has warned of the impending report is due out in less than 2 months. ask unanimous consent that the fol- bankruptcy of the Medicare trust We cannot wait around for another re- lowing remarks be printed in the funds. Many in Congress and in the ad- port that promises bankruptcy, mean- RECORD. ministration dismiss these annual while wringing our hands. Medicare There being no objection, the mate- warnings, preferring to spend blindly, must be restructured to build on the rial was ordered to printed in the counting on a wish and a prayer for our experience of the private sector. Pro- RECORD, as follows: children and grandchildren. They say posals to reform the Medicare Program REMARKS BY SENATOR EDWARD M. KENNEDY they do not believe that Medicare will have been proposed in Congress for Ernie once said that ‘‘knowledge has, with- really go bankrupt. They continue to more than a decade. The key fun- out question, become our most precious re- say this, despite all evidence to the damental change was to allow Medi- source.’’ He believed so strongly in the value contrary. They have accused those of care beneficiaries a limited choice of and importance of knowledge that he de- us who want to save Medicare of de- private health plans—restricted to fed- voted his life to searching for it, sharing it stroying one of the most popular pro- erally qualified health maintenance or- with others, and summoning—and sometimes grams in American history. But this ganizations [HMOs]—thus by defini- even shaming—the nation to guarantee that more Americans have the opportunity to time, Mr. President, history and the tion, omitting the many plans avail- achieve it. hard data, prove them wrong. able today. Yet, where available, these Ernie began to quench his thirst of knowl- The front page of yesterday’s New plans are delivering more health care edge before most children can drink from a York Times proclaimed: ‘‘Shortfall benefits and greater out of pocket pro- glass. On his first day of school, he walked S 896 CONGRESSIONAL RECORD — SENATE February 6, 1996 hand-in-hand with his mother. When they tance to the nation. As he once wrote, ‘‘com- the connection was easy to sustain. But he reached the school, he asked, ‘‘Will I learn to mitment to education will help all students was not daunted. read today?’’ to be involved in the civic future of the na- He told us to start early, to strengthen the ‘‘No,’’ his mother said, ‘‘You won’t learn to tion—to vote in elections to serve on juries, connection between parent and child. He read today, but you will before the year is to be concerned about the health of their urged us to fit our schools to the needs of our out.’’ communities—to ensure that democracy children instead of the other way around. But Ernie was vindicated a few moments will, with vitality, succeed.’’ And, then he went on to give us the blue- later—because on that first day of school, his Kay once told me that Ernie wished he prints for basic schools of excellence and how teacher greeted her students by saying, could live to be 200, because he had so many to improve teaching—and how to infuse the ‘‘Good morning class, today we learn to projects to complete. But he accomplished arts into education. read.’’ more for the nation’s students, parents, and Ernie, with his energy, wisdom and pas- Before he ever stepped into a classroom, teachers, in his 67 years than anyone else sion, conveyed to us the possibility that we Ernie understood the urgency of obtaining could have done in 200 years. They may not could get the job done—that we could raise an education. He mastered the art of learn- know his name, but millions of Americans, standards and make America’s schools, col- ing and embarked on a journey that has lit- young and old, in every city, town, and vil- leges and universities bastions of hope, cre- erally changed the lives of millions of Amer- lage in the nation have better lives today be- ativity and learning. icans. cause of Ernie Boyer. To all of us who know Ernie’s mind, you see, never rested and he He encouraged even the greatest centers of him and love him, he was the North, South, had an idea for just about everything. Good learning to remember that teaching is im- East, and West of education. And now, edu- ideas—solid ideas—forward thinking ideas— portant too—as important as research. He cation has lost its best friend. positive solutions that made a difference. counseled Congress about how to improve There is an old New England saying that Until his very last breath, Ernie was a work- schools, and he reminded us all to value good all men are dust, but some are dust of gold. er. In a few short weeks we will see the wis- teaching. His contributions to the art and That’s the way I felt about Ernie Boyer. dom of another one of his good ideas—how to science of the effective transmission of As the poet Stephen Spender wrote: reform the American high school. learning were unsurpassed. I think continually of those who were truly His work on this plan defines for me not But he did not stop there. He wrestled with great . . . only his talent and foresight but, more than how best to help all children come to school The names of those who in their lives fought anything else, his quiet integrity. He could ready to learn. He never forgot the difference for life, have produced, as so many have before, one it made to him that he arrived for his first Who wore at their hearts the fire’s centre. more scathing report about America’s high day of school ready to learn. And he tried to Born of the sun, they travelled a short while schools—a headline grabber, to be sure, but a make America see that difference too. If towards the sun, report that would not have helped anyone. Ernie had his way, everyone would have a And left the vivid air signed with their Instead, Doctor Boyer encouraged and sup- good breakfast and a warm hand to hold on honour. ported the work of this nation’s high school their way to school. principals and teachers in their effort to find concrete examples of what is working and More than anyone of his time, he taught us REMARKS OF RICHARD W. RILEY, U.S. what is not. He looked for solutions that that it is children, not just the schools, that SECRETARY OF EDUCATION should be the focus of our concern—that edu- challenged the very best in each of us. cation is a community-wide effort which be- On behalf of President and Mrs. Clinton It seems fitting, then, to ask all of us what gins with the birth of a child—that support- and the American people, I want to extend to we will do to carry on Ernie’s legacy. This is ing education is, more than any other chal- Kay Boyer, her children and grandchildren not easy. For we are in troubled times. Too lenge, not an expenditure, but an invest- the many thanks of this nation for giving us often the debate about education is distorted ment—that failure to act now will surely Dr. Ernest L. Boyer—and my personal and driven to the limits of ideological cer- later mean higher costs, wasted lives, prom- thanks for the honor of speaking at this me- titude. What seems missing is Ernie’s capac- ises unfulfilled. morial service. ity to listen and learn, his spirit of generos- If Paul Simon and Dick Riley and I and You family members knew and loved Ernie ity, and his enduring efforts to build consen- many others see farther on these issues as a husband, father and grandfather. We sus around achievable goals rooted in the today, it is because we stand on the shoul- came to know, love and admire him as a basic principles of good education. ders of giants like Ernie Boyer. teacher, reformer and friend, a wonderful In many ways, the future of public edu- Ernie believed that the knowledge he and cheerful advocate of children and of the cation is at stake. For there are some who gained and continued to gain himself was a advancement of American education. would have us believe that public education, call to the service of others. As he once said, Ernie was, in many ways, education’s best as an institution, has outlived its usefulness. ‘‘there’s reason for optimism—if we can get friend. He had an intellectual rigor about They do not believe in its value, see no point the right kind of leadership to help clarify him and a wonderful capacity to speak plain in reforming it, and quite literally seek to and energize what is still a huge public com- English. He moved people to act. He was un- abolish it as an institution. mitment to education.’’ willing to accept mediocrity and his body of I am deeply troubled by this growing intel- Ernie kept Congress on its toes. He was a policy recommendations—which span the lectual retreat from the democratic spirit constant counselor and a dear friend to waterfront—remain to this day the sturdy that has always defined American public many of us. Long ago, those of us who care foundation for our continuing efforts to im- education at its best. And, I am sure that about education wore out the tab in our ad- prove American education. Ernie would have none of it. For Ernie’s life dress books under ‘‘B’’. Ernie did many things for education. work was about building up public edu- Ernie’s greatest gift to the nation was his He urged and prodded higher education to cation, not tearing it down. He was a leader unwavering commitment to education and to return teaching to its primacy of place at by example, positively engaging Americans keeping all children at the heart of the na- the core of the college experience, and he to come together for the good of the chil- tion’s agenda. And when Ernie said all chil- never let us forget the importance of service dren. Today, we could use a lot more Ernie dren, he meant all children, so that none to the learning experience. Boyer’s to help us move into our knowledge- would be left out or left behind. He reminded us, with the wonderful sup- based future with confidence. Any time we planned a hearing on edu- port of his wife Kay, that an unhealthy child So I ask you to celebrate the good work of cation in the Committee on Labor and could not be much of a learner. our friend Ernie Boyer. We all have wonder- Human Resources and Ernie testified, he Above all, he captured the imagination of ful stories to share. Stories that celebrate brought a series of new ideas to improve countless parents and teachers because he the joy of education and the generosity of schools and reach out to children. He was the gave hope to the real possibility that we Ernie’s spirit. formative thinker behind the modern move- could educate all of America’s children. But when you go home, I urge each and ev- ment for school reform. Ernie was education’s own ‘‘Mr. Fix It.’’ eryone of you to roll up your sleeves—to He felt the most important thing we could For Ernie believed in solutions—believed fight as Ernie would fight for better public do for very young children was to create tel- that with hard work, a sense of optimism education—to stay focused on the essentials evision shows that prepare them for school. and unlimited energy—all problems could be of effective teaching and learning—to be Ernie had the idea, and it was one of his best. solved if we stayed focused on the children. high-minded, positive, and even enthusias- We turned it into legislation, and now there Ernie once wrote that, ‘‘America is losing tic—but to get on with the job of making is strong support for improved children’s tel- sight of its children.’’ This must have been a Ernie’s positive vision of education a reality evision. difficult sentence for Ernie to write because for future generations of children. He brought an endless fountain of creativ- he never lost sight of the children. And, that Thank you. ity to American life. His breadth of knowl- was one of his unique gifts—his tenacious ca- edge and depth of commitment to education pacity to stay focused, to inspire everyone STATING THE OBVIOUS inspired awe, respect, and humility. In he came in contact with to keep at it even (By Ernest Boyer, Jr.) Ernie’s presence, we were learning from the when the task seemed daunting. It must be among the most elusive of all master. For Ernie, you see, believed in excellence accomplishments—public acclaim joined Ernie believed the pursuit of knowledge and knew that excellence and equity went with private fulfillment, the respect and es- was a lifelong journey of profound impor- hand in hand. He did not suggest to you that teem of colleagues and associates balanced February 6, 1996 CONGRESSIONAL RECORD — SENATE S 897 with the equally rich love and admiration of with what is right and work from there. And He would have pointed out that really noth- family and friends. This is what my father for my father, to say that you should start ing has changed: It is still true that people achieved. Measured in terms of years, his life with what is right was to state the obvious. have more uniting them then dividing them, seems all too short. But measured according There were many other things similar. that no voice, least of all that of any child, to what he managed to accomplish in those It was also obvious to him, for example, can ever be ignored, and, most especially, years not even ten lifetimes seems sufficient that there is far, far more that unifies all of that all that we do is towards a larger pur- to account for it at all. More significant, us as human beings than that separates us. pose. though, to those of us who knew him as hus- There are differences, of course, but there These remain as obvious as they ever were, band, father, father-in-law, grandfather, are no differences so significant that they and obvious especially to us now even if they brother, or uncle was his extraordinary ca- cancel out the far more basic needs and infi- are still not obvious to all, because we had pacity for love. My mother likes to say that nitely more important hopes that all people him to point them out to us. he had been given an extra gift of love. It share simply by the fact of being human. f seemed so true. This was not a love that Nearly every problem we have, he was con- called attention to itself or in anyway placed vinced, is the result of forgetting how much ERNIE BOYER: A SELF-EFFACING expectations on those it sheltered. And it each of us has in common with everyone else LEADER certainly never sought to control or to di- on this planet just as nearly every solution rect, or to tell others what was best. It was, must start with the reaffirmation of that Mr. SIMON. Mr. President, several rather, a love that could be so unobtrusive, fact. Thus it was that his strongest impulse, weeks ago I attended a memorial serv- so quiet—and yet so intense—that it became an impulse that formed a cord that tied to- ice for Dr. Ernie Boyer, a man who had simply impossible to separate that love from gether his entire career, was always to make dedicated most of his life to improving the man who give it. His was, then, a rare connections. He took it as his daily task to education and educational opportuni- double talent—extraordinary public accom- form bridges, bridges between ideas, bridges ties for all Americans. The memorial plishments coupled with the even more ex- between institutions, and most important of service was more of a celebration of traordinary personal qualities of a gentle but all, bridges between people. He was per- very warm humanity, an unhesitating kind- suaded that there could be no greater respon- who Ernie was and how many lives he ness, and an unqualified love. sibility for schools, for parents, or for any- touched than a farewell. Speakers in- It is, however, not on his accomplishments one else concerned with the future of the cluded his son Ernest Boyer, Jr., Sec- nor even on his love which I wish to focus— human race than to teach children how retary of Education Riley, Senator ED- not on his accomplishments because there much we all have in common and how much WARD KENNEDY and the principal of a are so many others far more qualified than I depends on the recognition that we are all in San Antonio elementary school Ernie to speak of those, and not on his love be- this together. For him, to say this was to nurtured along. None of us said it bet- cause in the end there is so little that can be state the obvious. said of it. It was in many ways so much a And simply because we all share so much, ter than a fifth grader who had gotten part of his presence that for anyone who ever and because we are all in this together, it to know Ernie Boyer, ‘‘You say you met him no further explanation is necessary, was also obvious to him that no voice should don’t know who Dr. Boyer was? You and for those who never had a chance to ever be ignored, and it was those least heard never got to know him? Too Bad! You meet him, no explanation is really possible. that he was most inclined to notice. This would have loved him.’’ Instead, I would like to examine the one was especially true of children. All his life I am submitting the remarks made among his qualities which, it seems to me, my father was preoccupied with children. He by several of us at the service and hope most fully links those accomplishments to- was fully persuaded that children, simply as my colleagues will take the time to gether with that love. This was his wisdom. children, had so much to offer the world. It Among the many things my father’s life was was for him a point of unwavering conviction read what Ernie Boyer meant to a lot for me, it became eventually also a study of that their voices, at least as much as any of very different people. wisdom. Wisdom is not merely an uncommon one else’s, had to be included as part of the There being no objection, the mate- virtue. It is also a rather peculiar one. Con- human solution. To him, it just seemed so rial was ordered to be printed in the trary to popular opinion wisdom has very lit- obvious that this should be so. RECORD, as follows: tle to do with intelligence, for example. And Finally, it was for him obvious too that ev- REMARKS BY SENATOR PAUL SIMON although my father had a brilliant mind, it erything we do must contribute to a greater was not from his intellect that his wisdom purpose. This meant in part working on a William Butler Yeats, the Irish poet and came. Intelligence revels in complexity and day-to-day basis to make the world a better, later an Irish Senator, in the mid 1920s wrote in subtlety, both of which can occasionally more just place, but it also meant for him in a poem: ‘‘The best lack conviction, while be helpful, but which just as often can ob- quite a bit more than that. Central to who the worst are full of passionate intensity.’’ It scure and even confuse solutions. Complexity my father was was his faith that no matter sounds as if he is writing about today. But for its own sake held no interest for my fa- what any of us do in the course of our lives, Yeats did not know Ernie Boyer. ther. He preferred simplicity, clarity. it can only ever be but a tiny part of who we His quiet demeanor, his ready smile and No, this wisdom came from another place are and what we are to become. Some weeks marvelous laughter, his soft response to a entirely, and as I watched over the years I before he died my father said to me, ‘‘I’ve al- hostile question were not indications that he have come to more fully appreciate the na- ways known how important what we do here lacked solid conviction. He had backbone ture of wisdom itself. Wisdom, I have de- can be, but recently I’ve come to see so and vision and an understanding of human- cided, is nothing more and nothing less than plainly all the ways in which what we do ity that combined to make him superbly ef- the ability to state the obvious. here can also become what I can only de- fective. The Albany Times Union editorial Describing it this way may at first seem to scribe as holy.’’ He told me this as some- tribute concluded with this accurate assess- cheapen it, to dismiss it, or possibly to de- thing that he regarded with renewed appre- ment: ‘‘He touched millions of ordinary lives grade it into something rather ordinary. It ciation but not with surprise. On one level and made them better.’’ does none of these. The fact is, the ability to this, too, had always been obvious to him. The last time I talked to him by telephone, state the obvious is remarkably rare. It is The thing is, though, that not all of this he spoke from a hospital bed, only I did not rare in part, because to do so requires its that was so obvious to my father is equally know it until after I read the story of his own manager of courage. It is rare, too, be- obvious to everyone else. death. He was that kind of self-effacing cause, strangely enough, the obvious is not In a 1978 interview my father said: human being. obvious to very many. ‘‘It takes constant awareness to see your- While we knew each other for a period cas- The courage that is required is the sort self in relation to others, to see this moment ually, I first got to really know him when needed in the face of the widespread belief in relation to a day or week or a century, to President Carter appointed the Commission that stating the obvious makes a person ap- see this planet in the universe, and to keep on Foreign Languages and International pear uninformed, or naive, or even foolish. rediscovering how important each moment is Education, headed by Jim Perkins of this My father was none of these, and so to state and, in a sense, how fleeting and almost in- city. Most of us on the Commission did not the obvious with the consistency with which consequential in the broad sweep of human know each other. Ernie suggested a few he did so demanded not only a profound self- history and divine plan.’’ names, and the White House added some. It confidence but an even more profound con- My only quarrel would be with the word turned out to be one of those rare commis- viction that how he himself appeared was in ‘‘inconsequential.’’ A life such as my father’s sions where everyone worked, and worked to- the long run incidental to the main task to shows just how consequential one person’s gether with a common purpose, on a small be done, which was to make the world a bet- time on earth can be. We all lose when a budget with limited time, and the end result ter place. One of the things he was fond of voice such as his is silenced. Wisdom such as changed the educational climate in our na- saying was, ‘‘First decide what is the right he offered has grown all too rare. It has even tion—slightly. But slight changes, like one thing to do. Then figure out how you are sometimes seemed to me that when my fa- or two votes in the Senate, can ultimately going to do it.’’ He was convinced that this ther died wisdom itself died with him, since make a huge difference. Ernie Boyer played process should never be reversed. You should the only thing obvious to me now is how a key role in the work of that Commission. never let what you think you can do try to much I miss him. And yet he himself would His work as Chancellor of the State Uni- convince you what you ought to do. Start have been the first to protest such a thought. versity of New York earned him what I am S 898 CONGRESSIONAL RECORD — SENATE February 6, 1996 sure were deserved laurels, but when he be- moved each of us to work with renewed pur- We are thankful for the life of Ernest came United States Commissioner of Edu- pose and inspiration, to commit our lives to Boyer, and that each of us was allowed to cation, then headed the Carnegie Endowment practice in an exemplary way. Dr. Boyer touch it, and be touched by it. for the Advancement of Teaching, he en- wanted the best and the brightest in teach- f riched the nation immensely. In those posi- ing; he wished for loving and supportive first tions he lifted all of us in ways that never teachers in order that all children succeed. NATIONAL ENDOWMENT FOR THE can be calculated fully. Dr. Boyer felt teachers were part of the HUMANITIES strength and solution for our Nation’s Our friend attended Greenville College in Mr. PELL. Mr. President, I strongly Illinois, a small liberal arts college, for his schools; he knew that a truly great teacher undergraduate work. Greenville is sponsored changes lives forever. The teachers at Jack- oppose any further reductions in fund- by the Free Methodists. When he attended, son-Keller said simply, ‘‘He stood up for ing the National Endowment for the female students could not wear lipstick, and schools; he stood up for us.’’ Kindergarten Humanities. The agency has responded all students had to take a pledge not to at- teacher Kristen Dreyer said ‘‘I just loved it to a 36-percent budget cut for fiscal tend movies. The Free Methodists were not when he told me ‘you are doing the Lord’s year 1996 with major restructuring of too free. work.’ ’’ And so we are. programs and staff. Using the House But Ernie always felt gratitude to that I can’t forget to mention Dr. Boyer’s won- derful sense of humor. He so enjoyed the appropriations figures contained in the school for the opportunity it gave him. He last two continuing resolutions, NEH is learned to respect and understand that part funny stories shared about teachers and chil- of our culture. From there he grew and dren. He would dance the chicken dance with now operating at a 40-percent reduc- reached out across all the barriers of religion a group of second graders, listen intently as tion—$99.5 million instead of the an- and race and ethnicity to live a life of con- Kindergartners explained their drawings, ticipated $110 million. cern. He wanted a quality opportunity to be chortle with laughter as Third grade teacher The agency has already eliminated 90 the option for all in this nation and beyond Suzann Westermann sang ‘‘Nothing could be positions from its 260-person staff, sweller than to be at Jackson Keller.’’ Ernie this nation. streamlined its administrative struc- As we bid a formal farewell to the man, let Boyer just loved people, and he believed the best in them. It was the people that linked ture, and cut programs. The suspended us honor him by not bidding a formal fare- programs include: archaeology well to his ideas and his ideals. He did not him to schools. And at Jackson-Keller he want a nation that has technically superb was as beloved by the Head Custodian as he projects, summer stipends for teachers, but useless B–2 bombers and inner-city was by the children, parents, and teachers. dissertation grants, the NEH/National Danal Jimenez, J–K Fifth grader wrote ‘‘If schools with no books in the library and, too Science Foundation grants, the Ketter- I can quote Shakespeare, ‘Alas, I knew him often, no hope in the classroom. He did not well.’ Personally, I feel the loss. He came ing Foundation partnership, and, most want a nation eager to invest in more and from Princeton and made me feel special disturbing to me, the National Con- grander prisons but unwilling to invest in when two years ago he gave me his firm versation initiative. Further staff re- better schools. He did not want a nation with handshake, special note on his business card ductions are now probable. great sensitivity to the whims of those of us and friendly words. He was like an instant The recent furlough and uncertainty who are more fortunate economically but in- quick friend and I will never forget him. Did different to the 24 percent of our children over its budget is preventing the agen- you know he loved the arts? cy from planning, carrying out its mis- who live in poverty. He did not want a nation Danal’s friend Michael Navarro said, ‘‘A of scholars who can carry on great discus- few days ago, Jackson-Keller lost a great sion, and ensuring that the taxpayers sions but are unable to carry out great friend, mentor and thinker. He helped the dollars are spent wisely. For example, dreams. Basic School exist. You say you don’t know NEH has had to cancel peer review pan- Ernie Boyer: gentleman, scholar, dreamer, who Dr. Boyer was? You never got to know els. As NEH can fund only 18 percent of doer. him? TOO BAD! You would have loved him.’’ the more than 8,500 applications it re- May we be the same. Michael continued, ‘‘The Asians had their ceives each year, competition for fund- Sensai, the Indians had their Shaman, and ing is fierce. Ensuring that these funds REMARKS FROM ALICIA THOMAS we had our Dr. Boyer. Though he passed are awarded to the best proposals is a Dr. Ikenberry, Trustees of the Carnegie away, he will continue to live in our com- Foundation, members of Dr. Boyer’s family, monalities, and through our community of responsibility that NEH takes seri- friends of Dr. Boyer, distinguished guests, la- learners, and definitely in the hearts of the ously. The Humanities Endowment dies and gentlemen. It is my very great children who knew him.’’ peer review system has been heralded honor and privilege today to speak on behalf During their visit to Jackson-Keller last as a model for adoption at other agen- of all the teachers, students and principals in October, Dr. and Mrs. Boyer were serenaded cies. The forced cancellation of peer the Basic School Network. This has been a by our third grade students. Our children sang: panels as a result of government shut- time of great sadness for us all. We have lost down has weakened that system and I am a child, a dear friend. In the two years that we have prevented the agency from meeting its worked together this group has become very I am the future of the world, and just like close, very united in our efforts to improve every boy and girl high standards of rigorous review. schooling on behalf of this Nation’s children. I have a dream. Should funding run out on March 15, And so for all of us there is a lot of affection, And when I dream, NEH will have to cancel its March 25 warm affection for Dr. Boyer, much respect The only way it will come true is if I’m gent- round of grant awards. Applicants who for him, and consequently a deep sense of ly led by you have put thousands of hours and effort loss and a sense of absence that will always And then set free. into their grant applications will be de- be with those of us who had the privilege to In the Basic School Network, we have been nied the opportunity for funding for an learn from him, and to engage in conversa- gently led by the words and the actions of entire year. tion and discussion. I think his voice and his Ernest Boyer, and we do believe in this Changing the Humanities Endow- presence will always be missed, and we will dream of the Basic School, a school commit- never be quite the same again. ted to the success of every child. I heard Dr. ment appropriations means that: Work But this is also a time of reflection on the Boyer say on many, many occasions ‘‘the on the George Washington, Abraham richness of a life, and the richness of a leg- tragedy is not death. The tragedy is to die Lincoln, Andrew Jackson, Dwight Ei- acy. Of all the people I’ve known, no one’s with commitments undefined, convictions senhower, and First Federal Congress life and legacy could have been richer than undeclared and with service unfulfilled.’’ Papers will be terminated before com- Ernest Boyer’s. His family was a great Proverbs 29 tells us ‘‘A people without vi- pletion. Summer seminar programs for source of pride; four wonderful children, sion shall perish.’’ But those with vision teachers will be canceled entirely. One grandchildren, a loyal and devoted wife. But shall flourish. In the Basic School Network beyond family, Ernie Boyer’s life was one of we have each been blessed to learn from the hundred fellowships will be eliminated. service. Service to children, both in highly vision and commitment, the conviction and The widely-read Humanities Magazine, respected positions in our Nation’s govern- service, of this fine man. We accept the chal- already forced to cancel its January ment, and as President of the Carnegie Foun- lenge of Dr. Boyer’s legacy, The Basic issue, will have to cancel more. In dation for the Advancement of Teaching. His School. It will live on because he taught us July, all grants to film, libraries, and life was very rich. He gave of himself, and in schools are not about buildings and budgets, museums will have to be canceled. This doing so earned the respect and love of all, but about building a better world for chil- includes a Utah Humanities Council ex- family, friends and colleagues, and most es- dren. We learned from him that there must hibit scheduled to travel to 32 small, pecially, teachers. be a school of quality and excellence, a place To Ernest Boyer there was no nobler pro- of love and learning in every neighborhood, rural museums from West Virginia to fession than teaching. He spoke movingly of within the reach of every child. And that the Oregon, and a Buffalo Bill Historical the great teachers in his life, including the meaning of life is to create a life as if it were Center exhibit slated for 10 Western famed first grade teacher, Miss Rice. And he a work of art. sites. State Humanities Councils, in February 6, 1996 CONGRESSIONAL RECORD — SENATE S 899 addition to losing anticipated funding The PRESIDING OFFICER. Without farm bill was incorporated in the Bal- for this year, are facing enormous dif- objection, it is so ordered. anced Budget Act. Regretfully, Presi- ficulties in planning for the next. Tech- AMENDMENT NO. 3184 dent Clinton vetoed that act and he, nical assistance and consultation to Mr. LUGAR. Mr. President, we will therefore, vetoed the farm bill. hundreds of small- and medium-sized soon have a cloture vote on the Leahy As I explained to Members the other cultural institutions will be suspended. substitute to Senate bill 1541, The day, literally I picked up the farm bill The drastic effects of government Freedom To Farm Act, I introduced. from the side of the road and put it shutdown and budget impasse on Amer- We had a cloture vote on that legisla- back into play, and we got 53 votes to ican scholarship and the entire human- tion the other day, gaining 53 votes, a stop debate on that situation. We are ities field is not necessarily as obvious majority of the Senate but less than hopeful of getting 60 votes to end de- as it is in other areas of concentration. the 60 required to end debate on that bate by incorporating these additional This is because NEH grants, with their occasion. suggestions of the distinguished Demo- heavy emphasis on research, rarely see My colleague, Senator LEAHY, former cratic leader of the Agriculture Com- results for several years. But continu- chairman of the committee, a man mittee. I will add that many other ity in support for research projects is with whom I have worked in the Sen- Members on the other side of the aisle critical, and NEH represents the single ate from the time that I started on the have shown strong support for Senator largest source of financial support for Agriculture Committee, has made a LEAHY’s initiative. the humanities nationwide. The next number of constructive suggestions. Mr. President, other speakers today largest, the Andrew Mellon Founda- The latest version we are about to vote have mentioned the importance of cer- tion, provides one-third of the amounts on is the Freedom To Farm Act but tainty about farm legislation. Clearly, granted by NEH. with additional suggestions made by that is the reason we return today. We are attempting to provide that cer- When we eliminate the staff and re- Senator LEAHY in the form of a sub- tainty so that farmers will know there sources funded by NEH and needed to stitute. And I support those additions, is a program that has passed one body preserve brittle books, the destruction Mr. President. does not stop. We have lost volumes of I wish to simply recite a few of them and have a fairly good idea how that important manuscripts forever. The for the benefit of Senators who are fol- meshes with the farm bill that is now about to be considered on the floor of same is true for NEH’s important Unit- lowing this debate. Senator LEAHY has the House of Representatives, a bill ed States Newspaper Preservation said, why not take this occasion to let very similar in terms of all of its free- project to preserve city and small town producers bid for a permanent ease- dom to farm aspects. ment in the Wetlands Reserve Program newspapers on communities in all 50 I predict if we are successful today, as opposed to bidding for a shorter pe- States. we will be in a position to confer with Mr. President, I cannot underesti- riod of time. I think that is a very con- the House very promptly upon their re- mate the gravity of this situation. If structive suggestion. He has asked that turn, and farmers will have an idea, at allowed to continue, it will mean that we encourage innovative range man- least in framework, of what to antici- future generations of Americans will be agement techniques to be developed in pate as they try to order inputs prior deprived of the knowledge of our Na- the Southwest under grazing lands au- to planting. tion’s rich history. We owe it to our thorization. He suggested to make it If we fail to act, two things will people to maintain this legacy, and not possible for farmers to serve on State occur, one of which has been predicted to let it slip away. We simply cannot technical committees. So that is incor- by Secretary of Agriculture, Dan afford to lose artifacts, texts, wisdom, porated in the legislation. Glickman, and that is, he feels a man- and insights that tell where we came A very significant change, Mr. Presi- date to begin thinking through the al- from, who we are, and how we might dent, is the reauthorization of the Food lotments for rice, and he will have to make wise decisions for the genera- Stamp Program and other nutrition begin thinking about payments to cer- tions ahead. I urge my colleagues to programs that require authorization at tain wheat farmers—who were in the consider how very serious this situa- this time in order to continue. business in 1949—as the Texas wheat tion is, to understand the long-term Senator LEAHY, furthermore, has crop is harvest in the latter part of ramifications of cuts in the NEH budg- made an important change by suggest- May. Those events are coming along et, and to join in a bipartisan effort to ing that we reauthorize the Conserva- the calendar. enable this agency to continue its tion Reserve Program through the year The other thing that will clearly good, worthwhile, and extremely im- 2002, allowing new signups and making occur is that many farmers will simply portant endeavors. water quality a high priority, that adopt their own freedom to farm idea. f which we have considered at length in They will plant for the market. They our committee with extensive hearings will abandon Government programs. I CONCLUSION OF MORNING and many witnesses strongly in favor have suggested that may not be a to- BUSINESS of continuation of the program and of tally bad idea. It might be, in fact, rev- The PRESIDING OFFICER. Morning the priority for high water quality, olutionary if farmers simply took their business is closed. likewise for trying to save soils that fate in their own hands and say we are f are in a high erosion situation, and, of going to plant for the market and not course, the preservation of wildlife, AGRICULTURAL MARKET wait around for games to be played on supported by conservationists and TRANSITION ACT OF 1996 the Senate floor, for parliamentary sportsmen throughout the country. procedural difficulties. The PRESIDING OFFICER. The Senator LEAHY has asked that we For those who want certainty and clerk will report the pending business. create a nonprofit foundation to pro- those who want a farm program, this is The assistant legislative clerk read mote conservation, a conservation the day and this is the hour at 4:10. If as follows: foundation. This idea has passed the we make progress, I predict we will A bill (S. 1541) to extend, reform, and im- Senate earlier in previous legislation. have a sound program that has a safety prove agricultural commodity, trade, con- An especially important program, net and certainty. If we do not have servation, and other programs and for other Mr. President, which will now be a part cloture today, I suggest to farmers all purposes. of this legislation, is the EQIP pro- over America, you better begin think- The Senate resumed consideration of gram, $100 million per year in addi- ing about taking your fate in your own the bill. tional mandatory funding for crop-ori- hands because I do not predict success Pending: ented conservation cost sharing, simi- very soon along the trail. Craig (for Leahy/Lugar) Amendment No. lar to the Lugar-Leahy conservation I note on the floor, Mr. President, my 3184, in the nature of a substitute. bill, S. 854. distinguished colleague, the Senator The PRESIDING OFFICER. The Sen- Let me simply say, these are sugges- from Vermont. Therefore, I yield the ator from Indiana. tions that would have come forward in floor. Mr. LUGAR. Mr. President, I yield other titles of the farm bill. We all ap- The PRESIDING OFFICER. The ma- myself 5 minutes. preciate the situation in which the jority leader is recognized. S 900 CONGRESSIONAL RECORD — SENATE February 6, 1996 Mr. DOLE. If I can just take a couple that is the equivalent of driving a clamoring for us to get something minutes. truck while looking in the rear-view done. I agree. The PRESIDING OFFICER. Who mirror. The leader did not explain why it is yields time? U.S. agriculture is dynamic and that we have not been able to pass a Mr. LUGAR. I yield the majority growing. It is time for Washington to piece of farm legislation in the Senate leader as much time as he might re- help foster this growth by implement- Agriculture Committee. He did not ex- quire. ing a simpler and more flexible mar- plain why we have not had this bill Mr. DOLE. Mr. President, first, I ket-based farm policy. pending before us, as we have every 5 thank the distinguished chairman of So I think we have a lot of opportuni- years for the last 60 years. He did not our committee for his effort and also ties to offer amendments if people dis- indicate, as I know he understands, Senator LEAHY from Vermont, the agree with the farm bill. There are a that we have never sent a bill to Presi- ranking minority member of the com- couple hundred amendments filed, I un- dent Clinton as a freestanding piece of mittee. derstand. So I hope we can adopt a bill farm legislation. As I have indicated in the past, farm that will meet the concerns as we go Everyone knows the history here, bills are always difficult to pass. They into the 21st century. I think the fu- and everyone knows that this legisla- are even more difficult than the House ture is bright for American agri- tion was incorporated—a better word is side. I hope today we can demonstrate culture. But we have to be prepared, ‘‘buried’’—in the budget reconciliation in a bipartisan way we want to move and part of the preparation is adopting bill. That is where the legislation was, forward, try to get this to conference. a farm policy that is growth oriented, and that is what the President vetoed. I think American farmers want and de- which means eliminating supply con- So we are here this afternoon with serve certainty, and I assume, as the trols, providing farmers with full the prospect of voting on a farm bill chairman just indicated, maybe if we planting flexibility and a program that has not been subject to one do not do anything, they will just do it which is simpler and more certain. amendment, has not been subject to on their own. So I hope we will do what we should one day of debate. We would be locking It is interesting today, the Governors have done. The President vetoed the into law, if cloture is invoked, legisla- are in town and this morning, by unan- bill. That is his right. As far as I know, tion that would eliminate permanent imous vote, they passed a resolution there is no alternative offered by the farm law for the first time in 60 years, calling for us to pass a farm bill with- President. That is his right. Again, as I that would do things about which most out delay no later than February 15. said, if there are alternatives, why not Senators today still are not completely These are Democrats and Republicans, just have a vote on each today. Vote on appreciative. Why? Because we have but they were unanimous. Nearly every the freedom to farm; vote on the Leahy not had a debate. Governor has someone or many or hun- amendment, whatever. There has been I agree, as I said, with the leader that dreds or thousands of people in their a lot of bipartisanship in putting to- now is the time to get the job done. State who rely on agriculture for a liv- gether the pending substitute. But if we are truly going to get the job ing, and they understand the impor- So I hope my colleagues will under- done, why is it that we would take an tance of agriculture. stand that it is time for action. It is all-or-nothing attitude? We had an op- President Clinton also spoke this time to strike, as the President said, portunity to pass a compromise. I felt morning with the Republican and while the iron is hot. It may not get very encouraged in the last several Democratic Governors. He said we any warmer. Sooner or later, we will days as we worked with the distin- ought to strike while the iron is hot. get cloture, because I think the farm- guished Chair. He is as forthcoming Well, the iron is hot. This is the time ers and farm groups are beginning to and as willing to work with us as any to strike because there is not any ad- contact our colleagues and are persuad- chairman. I applaud him for his efforts. ministration farm bill, as far as I ing our colleagues, for the right rea- We worked with the majority leader’s know. Somebody even offered a reward sons, to move forward. staff, and with staff on our side, in the if anybody can find an administration So I urge my colleagues to do what expectation that we could break this farm bill. If they are just against what we should have done sometime ago— impasse. I think we were within reach, we are doing and do not have an alter- pass a farm bill. I am from a winter within grasp of achieving a meaningful native or if they have an alternative, wheat State. At the end of every 5-year compromise. Why, for some reason, vote on both, give them a vote, give us farm bill, we never know what the farm there was a change of heart on the a vote, 1-hour debate and we are out of program is going to be, and so farmers other side of the aisle, I do not know. here. do what the chairman said. They go All I know is that we missed that op- The farmers will have some cer- out and sort of plant everything and portunity to bring a compromise to the tainty. We are prepared to do that this hope that the legislation will let them floor, to have a good vote, to work afternoon. So the iron is hot and the destroy some of it or continue to through this piece of legislation with farmers are hot, and the farmers are produce it. So the time is long past an expectation that we could finish by getting hotter every day. They do not due, and I hope we will take positive the end of the day tomorrow. I still understand why this is being mired action today. would like to see us do that. down in a partisan effort to stall to go The PRESIDING OFFICER. The Sen- Let us do, for Heaven’s sake, what we to conference. We have had 33 hearings. ator from Vermont controls 11 minutes have always done on a piece of legisla- This bill has been endorsed by nearly of time, and the time under the control tion this controversial and this far- every major agriculture commodity of the Senator from Indiana has ex- reaching. Let us consider important group. We have had a bumper crop of pired. amendments, and let us deal with this profarm rhetoric, but we do not have a Mr. LEAHY. Mr. President, the dis- debate in a way that will allow us to profarm bill. tinguished Senator from South Dakota make the very best decisions. Let us Farmers really do not care what we wishes to speak. I wish to speak, but, not take the all-or-nothing attitude say on the Senate floor. They are not obviously, I yield to the Senator from that is expressed by some on the other hanging on every word uttered on the South Dakota and ask him to make side. Let us not ignore the con- Senate floor, but they would like to sure that I get a couple of minutes. sequences of ending permanent law. have some guidance so they know what Mr. DASCHLE. I thank the ranking All we are asking is an opportunity they can tell their banker, for example, member, the distinguished Senator to offer amendments, not to be pre- or their employees. from Vermont. cluded from offering them. The major- So on behalf of the American farm- I agree with much of what we just ity has a lot of rights around here, but ers, I ask my colleagues to pull the heard the majority leader say. He said one right should not be to preclude the plug on the filibuster, because the we should have passed a farm bill a minority from making what they con- choice we face is clear. We will either long time ago. I agree. He said we sider to be very important improve- adopt a policy that fosters the future should strike while the iron is hot. I ments in this legislation. We want the growth of America’s No. 1 industry or agree. He said that we need bipartisan- rights that we have fought for every we are going to continue a farm policy ship. I agree. He said the farmers are day we have come to the Senate floor. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 901 I must say, Mr. President, that noth- Congress created the world’s most It is a good package. Can we do bet- ing is more important than that. Put cost-efficient and effective nutrition ter? Sure, we could, by going through aside for a moment the issue of farm- programs. the normal course. The last time we ing and all of the serious policy impli- These programs are the lifeline for had a 5-year farm bill, it took 7 days— cations of the current farm proposal; millions of Americans—especially chil- an all-time record. These things some- put those aside. Just remember how dren in need of Government assistance. time take a long time. I wish we could critical it is that Senators have the Except for the 26 million Americans have come to agreement with the pro- right to offer amendments and not be on food stamps, most Americans do not posal the distinguished Senator from impeded by the parliamentary process realize that food stamps are America’s Indiana, Senator LUGAR, and I, along that could be put in place under clo- best and largest child nutrition pro- with Senator DASCHLE and Senator ture. I do not want that to happen on gram. DOLE, made to our respective caucuses this bill, or on any piece of legislation, Most Americans are not aware that last Thursday. In my mind that was for which there has been no debate or the authority for the food stamp and the best of all possible worlds. amendments. other nutrition programs expired last That has not been found acceptable. I There may come a time when we are year. think that is unfortunate. I think we going to have to invoke cloture—when Today, we have the opportunity to could have had more enthusiasm and I would support it. But not today, not reauthorize these nutrition programs voted for it had that happened. Now we under the circumstances, and not with- and maintain this safety net for mil- have what we have. out having a good debate and, cer- lions of at-risk Americans. A farm bill should also be responsive tainly, not with the expectation that Quite simply, this is a moral ques- to the needs of a region with special this ultimately will go nowhere. tion. circumstances. This farm bill does that A justified Presidential veto of this The farm bill is about safety—know- by consenting to the Northeast Inter- legislation would put us right back ing that the food supply of our children state Dairy Compact. The compact is where we started. We do not want that; and our children’s children is safe. State law in the each of the six New farmers do not want that. Let us work When our children drink a glass of England States and is strongly sup- through this and get a compromise water, we know it is free of pesticides. that will allow us a meaningful oppor- ported by New England’s governors. When our children buy a school lunch The compact is a grassroots effort de- tunity to come together, and I will pre- or grab a snack after school, their par- signed to set fair and stable milk prices dict passage by an overwhelming vote, ents and teachers know it is safe to that will benefit farmers and consum- certainly by the end of the day tomor- row. eat. ers. The New England States are not I yield the floor. The farm bill is about the environ- asking for anything but to go forward Mr. LEAHY. Mr. President, how ment. It is about responsibility to con- with this effort. All year we have heard much time do I have? servation and the legacy we leave to about the need to give more power The PRESIDING OFFICER. The Sen- future generations. back to the States. This is an oppor- ator has 5 minutes, 27 seconds. I have said twice this year on the tunity for Congress to do just that. Mr. LEAHY. Mr. President, I ask Senate floor that the historical basis Later during this debate there will be unanimous consent that, at the conclu- for the present commodity programs an amendment to deal with national sion of my time, the distinguished sen- has disappeared. dairy policy. It is not perfect but it is ior Senator from Virginia be given 1 And, I know that they are important a good start, and certain issues will minute under his own control. to the 2 to 3 percent of the population need to be resolved in the House-Sen- The PRESIDING OFFICER. Without that they directly serve. But, these ate conference. It eliminates the as- objection, it is so ordered. programs, as presently structured sessment farmers have to pay for the Mr. LEAHY. Mr. President, I wish we make less and less sense to the major- dairy program, and phases down price were not in the situation we are in. I ity of the population. supports. It saves $80 million over 7 would like to see a farm bill done in There is a real reason that taxpayers years, not bad for a program that cost the normal course. In 1990, when we did should make payments to farmers and only $4 million last year. the Leahy-Lugar farm bill, it was a ranchers. It is simple and clear jus- This amendment will also protect comprehensive package that blended tification for commodity programs and and reform the Federal milk market- the needs and interests of urban and Americans understand it. ing orders and allow our dairy produc- rural America with the need to main- Farmers and ranchers manage half of ers to compete internationally by fully tain and reclaim our environmental the land in the United States. Yes, half funding the Dairy Export Incentive heritage as well as to provide the food of the land in the United States. Program. and fiber needed in this country. Farmers and ranchers, however, need RESTORATION OF THE FLORIDA EVERGLADES We seem to be operating under a dif- the help of taxpayers to implement in- Mr. LEAHY. Mr. President, included ferent situation. I hope that the final novative, valued environmental solu- in the farm bill that the Senate will package we have here will have a bi- tions to maintain this land. consider today is a provision for $200 partisan nature to it. The other body It is impossible to solve our clean million to be used by the Secretary of determined that they cannot do that. I water problems, wetland and wildlife the Department of the Interior to move believe we are different in this body, problems except through a positive in- forward with restoration of the Ever- and I believe that we can. We have al- centive program that should form the glades ecosystem. Some of my col- ways approached farm legislation that basis of the agricultural program of the leagues may wonder why the farm bill way, and this is no different. As I approached the farm bill year, I next century. contains such a provision, and I would We have accomplished that in this asked myself the following question, like to take a few minutes to explain and it is a question that I believe every legislation. For the first time there the importance of restoring this unique Member in this body needs to ask him will be incentives to help all farmers ecosystem. or herself. and ranchers be the good neighbors The Everglades is one of the most What is a farm bill? that they have always worked to be by unique wetland ecosystems in the In 1996, a farm bill is no longer just allowing them ways to control the ag- world. It is a national treasure that is about farm programs. It is not just ricultural-related pollution that af- in peril and deserves the immediate at- about growing crops or amber waves of fects our rural and urban communities. tention of Congress. grain. Bottom line, this package will pro- Prior to the 1940’s the Everglades The farm bill is about feeding the vide a future farm program that will ecosystem covered most of south Flor- American people. It is about the elimi- fund conservation-based farm programs ida, from its headwaters in the Kissim- nation of hunger in one of the wealthi- that benefit every American and it will mee River basin to the coral reefs of est nations in the world. help all farmers and ranchers who con- Florida Bay. Because of man’s alter- The farm bill ensures that children trol pollution and steward sensitive ations, the once ‘‘river of grass’’ is now do not go to bed hungry—at home and lands—not just those who produce fragmented and deteriorating, threat- abroad. major crops. ening not only the wildlife of the S 902 CONGRESSIONAL RECORD — SENATE February 6, 1996 esosystem, but also the water supplies, ern Everglades agricultural area would that voters there believe polluters economy and quality of life for the peo- be used to restore water quality and a should pay and favor the 2-cent assess- ple who live in Florida. more natural hydroperiod in the Ever- ment. The central and south Florida glades. Portions of this land are al- I will pursue every effort until Con- project, authorized by Congress to con- ready state owned, and are available gress or the voters in Florida impose a trol flooding and reclaim land in the for Everglades restoration purposes. 2 cent assessment on every new pound area, has had unintended and disas- About 130,000 additional acres of land of sugar grown in the Everglades agri- trous results. While flood protection in currently used for sugarcane produc- cultural area. many areas has improved, south Flor- tion will need to be acquired in order In addition, today’s action should ida’s ecosystem has suffered greatly. to complete the necessary water man- help the Clinton Administration which On average, more than 500,000 acre agement area. is taking significant leadership on re- feet of water are sent to tide each year According to the Everglades coali- storing the Everglades. In a January from Lake Okeechobee. In addition, an- tion, significantly increasing water 11, 1996 directive, Vice President GORE other 1 million acre feet from the Ever- storage will provide a wide array of ordered key Cabinet departments to glades agricultural area is discharged benefits to all of south Florida includ- prepare a thorough plan for the Presi- to tide each year through east coast ing: The recovery of water now wasted dent . . . for the restoration of the Ev- canals. This water once remained in to the ocean; more water for all water erglades and the south Florida eco- the system and was a primary source of users, including the natural Ever- system. fresh water for wildlife and served to glades; restoration of the natural tim- The Vice President wrote that ‘‘the replenish the ground water supplies. ing, distribution and flow into the Ev- Florida sugarcane producing industry Now the water that flows south in erglades; more areas to clean polluted must pay their fair share’’ of restora- the Everglades marshes is diverted by water; the amelioration of flooding; tion costs. He further directed senior canals and polluted by agricultural and the protection of the Lake Okee- administration officials to develop a runoff, primarily from sugarcane chobee, St. Lucie and Caloosahatchee plan that: ‘‘assures that sufficient land fields. Water entering the Everglades estuary ecosystems. now involved in agricultural produc- often has 20–30 times the phosphorous This is an ambitious project, which tion is returned to its natural function levels that are found in unpolluted will cost billions of dollars. Today, we to allow for storage and purification of parts of the Everglades. This has led to are making a small down payment— water.’’ an explosion of plants that are dra- $200 million for Everglades restoration. I will do all I can to work with the matically altering the landscape and Specifically, this provision directs administration in this effort. the habitat of threatened and endan- the Secretary of the Treasury to pro- Mr. President, I ask that the full text gered species. Cattails are overwhelm- vide $200 million to be used toward the of Vice President GORE’s January 11, ing periphyton, the very base of life in acquisition and modification of ap- 1996, directive and administration’s the ecosystem, destroying the unique proximately 130,000 acres in the Ever- guiding principles be included in the balance of the Everglades. glades agricultural area identified by RECORD. Throughout the system, clear, fresh the agencies to be used for water stor- There being no objection, the mate- water has been replaced by murky, nu- age and delivery. This would include rial was ordered to be printed in the trient laden water that does not sup- the remaining private acreage in town- RECORD, as follows: port native plant and animal species. ships 46, 47, and 48 of the Everglades OFFICE OF THE VICE PRESIDENT, The years of water diversion and pol- agricultural area, approximately 52,000 Washington, DC, January 11, 1996. lutants affect not only the Everglades, acres referred to as the ‘‘Talisman Memorandum For: Bruce Babbitt, Secretary but also Florida Bay. The Bay is suffer- Tract’’ and other restoration activities of Interior, ing from a lack of fresh water that has in the ecosystem. When enacted, no Dan Glickman, Secretary of Agriculture, led to algal blooms and contributed to further action by Congress will be nec- Carol Browner, Administrator EPA, the extinction of North America’s only Alice Rivlin, Director OMB, essary to authorize the administration Katie McGinty, Chair CBQ, native coral reef. As a consequence, to spend these funds. In addition, the Togo West, Secretary of the Army. this once teeming estuary now is funds shall not be provided for this pro- From: The Vice President. closed to commercial fishing, and the gram from the Conservation Reserve, Subject: Everglades and South Florida Eco- tourism industry of the region is Wetlands Reserve or any other con- system Restoration. threatened. servation programs. Recently, the President and I again dis- We must not let the Everglades die. This small down payment will be in- cussed the issue of restoring the Everglades. Although the decline of the ecosystem sufficient for total restoration. It is We both continue to be deeply concerned continues, it is reversible. only part of the Federal Government’s about the problems there, and believe that Current efforts by Federal, State and share of this coordinated restoration the Administration must continue to provide local governments to restore the sys- effort. More important, it in no way re- strong leadership and aggressively build on tem are moving forward. Restoration lieves others—particularly the sugar- your collective efforts to date to restore and will involve not only protection of the cane industry that has benefited from manage wisely the South Florida ecosystem. natural system, but also continued During a recent trip to South Florida I the alteration of the system and con- pledge to expedite our work. Through this flood protection and provisions for ade- tinues to pollute it—of its obligation to memorandum I am therefore requesting quate water supplies for wildlife and contribute to restoration costs. OMB and CBQ to work with the departments humans. This comprehensive effort These growers benefit from the Fed- and agencies to prepare a thorough plan for could be derailed if sufficient acreage eral Sugar Program that guarantees the President that builds on our work and in the southern Everglades agricultural them significant earnings. In the next 5 the set of principles adopted by the Adminis- area is not acquired to provide storage years alone, some 139 Florida sugar tration to ensure fairness in funding the res- and delivery of adequate, fresh water producers and processors will make toration of the Everglades and South Florida supplies to the natural system. ecosystem. (A copy of the principles is at- more than $1 billion in profits because tached). As explained by the Everglades coali- Washington inflates the price of sugar, This plan should accomplish the following tion, a diverse group of more than 30 at the expense of the consumer objectives: citizens, environmental and conserva- Forida sugar producers must contrib- Assure that sufficient land now involved in tion organizations, restoration of the ute their fair share—a 2-cent per pound agricultural production is returned to its Everglades requires a ‘‘dike to dike’’ assessment on new sugar grown in the natural function to allow for storage and pu- approach to restore the natural flow of Everglades—to pay for both past water rification of water. I understand that a num- water into the Everglades, preserve and quality degradation caused by cane ber of scientists have recommended that clean up polluted waters, reduce flood- 100,000 acres or more will be necessary to farming, and for land acquisition vital achieve a thorough restoration. I would like ing and provide more water to a grow- to Everglades restoration. This would the Army Corps of Engineers to complete, as ing Florida. A ‘‘dike to dike’’ water raise $350 million over 5 years. quickly as possible, its assessment of this storage and management area of ap- This proposal has wide spread sup- acreage and whether additional acreage will proximately 230,000 acres in the south- port in Florida. Poll after poll shows be necessary to accomplish this objective; February 6, 1996 CONGRESSIONAL RECORD — SENATE S 903 Ensure a long-term, reliable reverse visit to the rural areas in my State. I The alternative, Mr. President, is the stream to be put toward land acquisition and visited yesterday and spoke to the Vir- status-quo. That, Mr. President, is sim- other essential activities. Please specifically ginia Association of Corn Growers, the ply unacceptable to farmers in my note continued federal, state, and local gov- Virginia Association of Soybean Grow- State of Washington and across the ernment contributions, and economic incen- tives, and identify and assess mechanisms ers. Every one of them said ‘‘Where is country. American farmers deserve that can ensure that these responsible for this bill?’’ better—they deserve a program that the pollution harming the South Florida eco- This morning was the most dramatic. will provide certainty and flexibility. system and those who benefit from the fed- I visited a section of my State, the val- It is time to put party politics aside eral flood control and water supply projects, ley which was ravaged by floods, ice, and vote for farm legislation that has including the Florida sugarcane producing and snow, together with the Federal support from both sides of the aisle. industry, pay their fair share; Emergency Management Agency. We Vote for the Craig/Leahy substitute Identify those measures that must be un- were there this morning to help farm- today and give our farmers what they dertaken in short order, such as, for exam- ers. Mr. President, 13 counties and 3 ple, preserving a buffer around the Ever- deserve: a farm program will allow glades and increasing water flows to Florida municipalities were severely damaged. them to farm according to the market- Bay; and One old farmer got up, looked at me, place and stop the Federal government Expedite and coordinate the various fed- and said, ‘‘Senator, we can dig out from telling them what crop to plant, eral efforts now ongoing for ecosystem res- from under all this ice and snow. Why when to plant, and how much to plant. toration including the Army Corps of Engi- can you not dig out from the problems Washington does NOT know best— neers ‘‘restudy’’. of Washington and pass that farm In developing this plan, please work with these decisions belong to the farmer, bill?’’ not the Federal Government. Voting our state, local and tribal governmental I assured him that I would leave in- partners. In addition, I would also ask you to for the Craig/Leahy compromise, Mr. consider all potential sources of revenues for stantly to return to Washington to cast President, is common sense such an effort, and to review any mecha- a vote to do just that. In closing Mr. President, I ask unani- nisms including, for example, land trades; Mr. LUGAR. Mr. President, I ask mous consent that a copy of a letter sales of surplus federal lands; or conserva- unanimous consent that Senators from Washington State Farm Bureau, tion easements, for acquisition of the nec- GRAMM of Texas and SNOWE of Maine be representing over 6,000 farmers and essary properties or development rights. added as cosponsors for the Leahy sub- ranchers in my State, be printed in the Your timely attention to this matter is stitute amendment. RECORD. very much appreciated. The Administra- The PRESIDING OFFICER. Without tion’s continued leadership on this matter is There being no objection, the letter objection, it is so ordered. was ordered to be printed in the vital and I anticipate with great interest Mr. GORTON. Mr. President, my your report on the best means for the Ad- RECORD, as follows: Democratic colleagues say we need a ministration to assure the future of the pre- WASHINGTON STATE FARM BUREAU, cious natural treasure—the Florida Ever- farm bill. They could not be more cor- rect. The simple solution: vote for the Olympia, WA, February 5, 1996. glades and Florida Bay—and the health and Hon. SLADE GORTON, economic prosperity of the citizens of South Craig-Leahy substitute amendment. Hart Senate Building, Washington, DC. Florida. Thank you. Last week the Senate voted on the DEAR SENATOR GORTON: This letter is being motion to invoke cloture on S. 1541, sent on behalf of the 6,000 farmers and ranch- FUNDING TAX RESTORATION OF THE which contained the agriculture provi- ers that the Washington State Farm Bureau EVERGLADES, GUIDING PRINCIPLES sions included in the Balanced Budget represents. We are asking your support for a DECEMBER 1995 Act that, unfortunately, my Demo- seven-year farm bill. The restoration and protection of the Ever- cratic colleagues opposed and the It is important that you understand that glades and Florida Bay is one of the Clinton President vetoed. I am disappointed our members are adamantly opposed to a one Administration’s highest environmental pri- or two year extension of current law. To do orities. The Everglades is a unique national that the Senate was unsuccessful in this would exasperate immediate cash flow natural treasure. With Florida Bay, it limiting debate on this legislation, problems for our farmers. Also, a one or two undergirds the quality of life and the tour- which would have moved this body one year extension leaves the long term look ism and fishing industries in South Florida. step closer to passing a farm bill. very uncertain for our farmers. We are also The substantial costs of restoration over Today I urge my colleagues on the opposed to reverting back to the Act of 1949. decades should be borne by those who have other side of the aisle to put party poli- Many problems would result from this ap- benefitted from activities that profoundly tics aside and vote for farm legislation proach, especially since the allotments based altered the Everglades acosystem, and by that has the support of both Democrats on the 1950 production patterns are not con- those who will potentially benefit by its res- and Republicans; the Craig/Leahy sub- sistent with where wheat is actually grown toration. Florida sugarcane producers should today. pay their fair share of the costs. Federal stitute amendment. Our farmers are trying desperately to plan State and local governments also should The Craig/Leahy substitute amend- for this year’s crop. Further inaction on be- share in the costs of restoration. ment represents a bi-partisan approach half of the Senate and the House will only Congress should adopt legislation that pro- to farm legislation; farm legislation continue to disrupt both financing and plant- vides funding to assist in making a substan- that will allow our farmers to farm to ing of their 1996 crop. Farm families can’t af- tial down payment on the significant res- the marketplace and not to Washing- ford to have Congress continue to stop the toration needs that immediately face the Ev- ton, D.C. bureaucrats’ farm legislation process of signing a farm bill into law. erglades—such as enhancing more natural that will provide flexibility, predict- A Farm Bureau analysis shows that we water deliveries to the Everglades and Flor- ability, simplicity, and opportunity for need a farm bill which guarantees $44 billion ida Bay, acquisition of the Talisman tract, in spending on commodity programs. We be- and acquisition and engineering of an East the American farmer; and farm legisla- lieve that this spending level reflects a sig- Everglades water preserve buffer zone. tion that will give certainly to farm- nificant contribution to budget deficit reduc- Funding proposals should meet clearly de- ers, their bankers, and to the tax- tion by agriculture and is the minimum fined objectives and be integrated into tech- paying public. Simply put Mr. Presi- amount necessary for effective commodity nical plans for the overall, long-term effort dent, the Craig/Leahy compromise will programs. to restore the South Florida ecosystem. Res- give U.S. farmers the positive reforms It is our understanding that there will be a toration and funding proposals should be they need in order to respond to the de- cloture vote on Tuesday, February 6th on the evaluated for their effect on the South Flor- mands of emerging world markets. Craig/Leahy substitute bill for S. 1541. We ida ecosystem, rather than on any single Members of both parties have de- urge you to support S. 1541. Please vote for component of that ecosystem. this compromise farm bill and allow our The proposals should be developed and im- bated the need for a farm bill for near- farmers and ranchers to focus on what they plemented in consultation with State and ly ten months. My advice to my col- do best, feeding the people of our great coun- local communities and officials. leagues is simple: by supporting the try and the world. The PRESIDING OFFICER. The Sen- Craig/Leahy compromise today we can Sincerely, ator from Virginia. have a farm bill that is supported by STEVE APPEL, Mr. WARNER. Mr. President, I con- farmers across the country; a farm bill President. gratulate the leadership for trying to that provides genuine flexibility and a Mr. DOMENICI. Mr. President, tre- move this bill forward. smooth transition into the market-re- mendous changes have occurred in the My contribution is very short. I have sponsive agriculture of the next cen- agriculture economy over the last just returned from a wonderful 2-day tury. many years. S 904 CONGRESSIONAL RECORD — SENATE February 6, 1996 The growth of biotechnology, new Budget Act for agriculture and are also the world once construction is com- and dramatic genetic research applied included in the bipartisan Leahy com- pleted. at the farm level, new and innovative promise. For these reasons it is my hope that production techniques, broadened com- The spending caps as provided we can enact policies which are fiscally munication and transportation sys- through a market transition program responsible, reduce regulation, reward tems, have all contributed to a much will benefit both the taxpayer and the efficiency, reduce the number of man- different farm and ranch operations farmer. The taxpayer will not end up dates on the industry, and increase the today than just a decade ago—let alone paying for unforeseen spending and the dairy industries ability to compete in half a century ago when New Deal leg- farmer will know what resources he the international marketplace. islation put on the books the farm pro- will have in the future. Mr. President, the House Agriculture grams we still have today. The Market Transition Program puts Committee has already reported a farm I remind my colleagues when the a cap on total spending for the wheat, bill which includes a dairy title. Commodity Credit Corporation was es- cotton, feed grain, and rice programs It is my understanding that the bill tablished in 1933 farm households ac- at $35.6 billion over 6 years. would consolidate many existing mar- counted for 25 percent of the U.S. popu- Spending for the Commodity Credit keting orders to 8 or 13 orders. I believe lation and generated over 10 percent of Corporation programs has varied wide- that is good policy but previous ver- GDP. ly from $0.6 billion in 1975 to $26 billion sions of the bill would eliminate all Today farm households comprise less in 1986. dairy programs if the USDA does not than 2 percent of the population and The spending cap in the Market consolidate the orders in 2 years. generate less than 2 percent of GDP. I Transition Program will limit unfore- This type of policy concerns me be- know that the total food and fiber sys- seen spending increases which have fre- cause outright elimination could be tem beyond the farm gate contributes quently occurred in past years. devastating to the stability of the in- another 10 to 13 percent to GDP. It is my hope that the spending re- dustry. But those factors that helped create straints included in a market transi- In addition, other policy adjustments the need for farm price support pro- tion program will be retained in the provided for in the House bill appear to grams in 1933 no longer apply today. final Senate bill. be short-sighted in their approach. That is one reason why I am support- Mr. President, some have also said It is my hope that we will take every ive of the concepts of an agriculture that any spending reductions to agri- opportunity to provide as many ave- market transition program that we in- culture is unacceptable. However, any nues as possible for our dairy farmers cluded in the Balanced Budget Act of reductions will provide a downpayment to compete in growing world market. Looking for long term opportunities 1995. toward a balanced budget. Mr. President, the Balanced Budget for stable and sustained markets is far Today an international market has Act made reforms to farm programs, more important than providing for developed for America’s farm products saved $4.6 billion and allowed the De- short-sighted fixes that end up as bur- and we need to provide the mechanisms partment of Agriculture to spend $65.1 dens on both the dairy industry and the that allow farmers to base decisions on billion in outlays over the next 7 years taxpayer. market conditions and not on Govern- for the commodity, conservation, ex- Mr. President, the peanut industry ment programs. took the initiative early last year to The Market Transition Program port, and crop insurance programs. We also know that modern day agri- eliminate costs of the program to the moves agriculture in a new direction culture requires significant amounts of taxpayer. The provisions in the Bal- which will give farmers the freedom to operating capital. Farmers will be one anced Budget Act and the Leahy com- plant what they want, when they want, of the largest beneficiaries from a bal- promise do eliminate the cost to the so that they will be able to compete in anced budget because interest rates taxpayer—saves $412 million over the our global market environment. will decrease. next 7 years. The Market Transition Program also Mr. President, I would also like to re- Mr. President, the Leahy substitute ends the production control programs mind my colleagues that if the savings bill includes an amendment regarding of the Depression era and provides a diminish we will have to make up the peanuts which is very important to my market transition for American agri- difference elsewhere to achieve a bal- home State of New Mexico. culture. anced budget. Mr. President, as part of the 1985 Under our current system, farmers I cannot end this discussion without farm bill, Congress adopted a provision may be required to take land out of talking about agriculture in my home which created an exclusive pool for production which allows our foreign State of New Mexico. New Mexico Valencia peanuts. The competitors to make up the difference Mr. President, in my home State cat- same provision was also retained in the in the world markets. tle, calves, and dairy dominate agri- 1990 farm bill. The Balanced Budget Act and the culture receipts—70 percent of total The original intent of the law is to Leahy compromise also provides more cash receipts in New Mexico came from allow only those Valencia peanuts flexibility, which farmers have asked livestock and dairy operations. grown in the State of New Mexico to for, less paperwork, and a better oppor- In truth, because of the heavy em- enter into the New Mexico Valencia tunity for farmers to earn a living from phasis on livestock and dairy in my pool. the marketplace. State, ranchers and dairy operators However, peanut growers in my home Mr. President, a group of 15 distin- have a keen interest in farm bill State have notified me that Valencia guished economists, including the chief changes. peanuts grown out of State have been agricultural economist from the Eisen- Mr. President, I am concerned that entering the New Mexico pool. This is hower, Kennedy, Johnson, Nixon, none of the bills have been discussed do being done because of a loophole in ex- Carter, Reagan, Bush, and Clinton ad- not include a dairy title. isting regulations. ministrations, have indicated their The New Mexico dairy industry has This is an issue that is very impor- support for the reforms in the Balanced grown significantly over the past sev- tant to me because it’s importance to Budget Act. Those concepts are also in- eral years. The number of milk cows eastern New Mexico. corporated in the Leahy compromise has increased by 104 percent from 1990 The provision in the bill clarifies bill. to 1994 compared to a decrease of 5 per- that only Valencia peanuts physically I ask unanimous consent that a let- cent for the United States. grown in the State will be allowed to ter be printed in the RECORD at the New Mexico has also led the Nation enter into the pool of the State. conclusion of my statement. in milk production per cow in 2 of the Also, the provision would grand- The PRESIDING OFFICER. Without last 4 years. New Mexico dairy farmers father those individuals who partici- objection, it is so ordered. and manufacturers have made substan- pated in the New Mexico pool with Va- (See exhibit 1.) tial investments in one of our fastest lencia peanuts grown out of State dur- Mr. DOMENICI. Mr. President, I sup- growing dairy States. ing the 1995 crop year. port the concept of a spending cap In fact, New Mexico will have the These individuals are only allowed to which were included in the Balanced largest cheese manufacturing plant in enter out of State grown peanuts February 6, 1996 CONGRESSIONAL RECORD — SENATE S 905 equivalent to those entered into the ments in the structure of farm programs to Dr. Luther Tweeten, The Ohio State Uni- pool during the 1995 crop year. establish a basis for a government role in ag- versity. Some may ask, why is this so impor- riculture that is suitable for the 21st cen- Mr. COATS. Mr. President, I rise to tant? First, Valencia peanuts fill a tury. The opportunity to do this in a biparti- support the motion to invoke cloture san way in the current budget negotiations on the Farm bill before the Senate unique niche within the peanut market should not be wasted. and New Mexico produces the majority today. I encourage my colleagues to We are troubled by proposals from some in support this motion so that the Senate of all Valencia peanuts nationwide. the agriculture community to roll back the Second, the New Mexico industry clock by supporting farm prices above long- may move to consideration of the mer- uses self-regulation so that all quota term market clearing levels. We strongly its of the bill. Those who crafted this legislation have been working day and and additional peanuts are bought support authority for the Secretary to insure night to put together a package that back, keeping the pool profitable and from year to year that U.S. farm prices are competitive in world markets. High and rigid would allow for the farm legislation to costing the Federal Government very price supports will either lose export mar- proceed. The legislation offers flexibil- little or nothing at all. kets, or will again open up an unlimited and ity, certainty and opportunity for In fact, from 1992 to 1995 the New untenable pipeline to the Treasury to fi- America’s farmers. Mexico pool had positive net receipts nance surplus acquisition and disposal. Mr. President, it is imperative that of $3.1 million. The history of the 1980s should convince we enact farm legislation soon. Failure Third, the New Mexico peanut indus- anyone that setting U.S. price support levels above long-term market clearing levels is to act this year leaves us with bleak al- try contributes economically to the ternatives. Reversion to 1938 and 1949 State. The New Mexico peanut commis- terribly unwise. While the outlook for ex- ports is promising, the Secretary needs to be laws could dramatically increase the sion estimates that the peanut indus- able to respond to changes in market pros- cost of running the farm programs. Ex- try has an economic impact of $55.6 pects without waiting for the next farm bill. tending current programs only delays million in Roosevelt County where the Advocates of fixed and high price supports the need to make significant reforms majority of the Valencia peanuts are argue that marketing loans make such sup- in a 60-year-old farm program. grown. ports workable. Nothing could be further Hoosier farmers, and farmers across Mr. President, I am concerned that from the truth. Open-ended budget exposure America, need payment assurances and some on the other side of the aisle have on marketing loans could again lead to exor- bitant spending, to the use of acreage con- guidance in planting decisions. The charged that Republicans have delayed trols to limit costs, to lost export markets, compromise legislation would provide writing a farm bill and that the agri- and to an eventual public decision to end the fixed payments to program farmers and culture portions in the Balanced Budg- farm safety net. allow farmers to plant any program et Act of 1995 were done without hear- If more money becomes available for farm crop. The compromise also contains ings. programs as a result of changes in budget as- meaningful conservation and nutrition I would like to say that is simply not sumptions, we urge you to use it for high pri- proposals. At the same time, this legis- the case. ority programs of research, conservation, lation would work toward reducing First, the Republican budget in- and rural development, and to ease the tran- Federal spending. sition of commercial farmers to a market- The Senate should not overlook this cluded commodity provisions in the based agricultural policy. Balanced Budget Act of 1995 but the We urge you not to repeat the mistakes of opportunity to move forward and pass President vetoed that bill. the past that priced U.S. farm products out farm legislation. We should not miss The Agriculture Committee held 15 of world markets, placed farmers in a pro- the opportunity to initiate change and thorough farm bill hearings involving duction strait-jacket, and raised farm pro- institute reform in the Nation’s farm 157 witnesses. The Budget Committee, gram spending to embarrassing and policies. which I chair, also had two hearings in- unsustainable levels. Ms. SNOWE. Mr. President, I rise in Yours sincerely, volving the budget aspects of the farm strong support of the cloture motion Prof. Willard W. Cochrane, University of on the Leahy-Craig substitute to S. bill. Minnesota, Director of Agricultural Econom- In fact, the distinguished chairman 1541, and in support of the bill. ics, USD, Kennedy Administration. I am pleased to join my New England of the Senate Agriculture Committee, Dr. Lynn Daft, Abel, Daft, Earley & Ward colleague, Senator LEAHY, and my Mr. LUGAR, and the distinguished Sen- International, Agricultural Counselor, White friend from Idaho, Senator CRAIG, as a ator from North Dakota, Mr. CONRAD, House, Carter Administration. Dr. Bruce Gardner, University of Mary- cosponsor of this important bill. As ev- testified before the Budget Committee. land, Assistant Secretary for Economics, eryone realizes, we must pass new farm EXHIBIT 1 USDA, Bush Administration. legislation as quickly as possible. December 13, 1995. Dr. Dale Hathaway, National Center for Farmers in many parts of the country WILLIAM J. CLINTON, Food & Agricultural Policy, Under Secretary who rely on Federal farm programs are The President of the United States, Executive of Agriculture, USDA, Carter Administra- tion. already making planting decisions, and Office of the President, Washington, DC. they need some certainty on this mat- DEAR MR. PRESIDENT: In recent statements Dr. Robert Innes, University of Arizona, on the Budget Reconciliation Bill, you cited, Council of Economic Advisors, Clinton Ad- ter. But farmers are not the only ones among your priorities, the need to ensure ministration. with a stake in the prompt passage of the strength of America’s farmers. We agree Dr. D. Gale Johnson, University of Chi- this bill. that the health and vitality of America’s cago. If we do not pass farm legislation farm sector is important. The way to ensure Dr. William Lesher, Russell and Lesher, quickly, policy reverts to agricultural this long term vitality is to reform obsolete Assistant Secretary for Economics, USDA, laws dating to 1949 and 1938. And under farm programs, and to adapt farm policy to Reagan Administration. Dr. Lawrence W. Libby, University of Flor- these statutes, the cost of our farm the new realities of the world market and to ida. programs could skyrocket, adding up farming today. Dr. Don Paarlburg, Purdue University, to $10 or $12 billion in additional costs Reforms in the Reconciliation Conference Special Assistant, President Eisenhower Di- to the Treasury in 1996. Obviously, Report offer significant gains for farmers rector of Agriculture Economics, Assistant given the continuing fiscal crisis that and the nation. We urge that the substance Secretary of Agriculture, USDA, Nixon-Ford of these reforms be maintained in the budget we have in the Federal Government, Administrations. and given the year-long struggle to negotiations between the White House and Dr. Robert Paarlburg, Wellesley College Congress. It is right, after 60 years, to end and Harvard University. pass a 7-year balanced budget plan, we government-imposed acreage controls, to Dr. C. Ford Runge, University of Min- cannot allow that to happen. In fact, provide farmers the flexibility to make their nesota. our fiscal reality dictates that we own planting decisions, to keep price sup- Dr. John Schnittker, Schnittker Associ- make significant additional reductions ports at competitive levels, and to limit ates, Under Secretary of Agriculture, USDA, in current farm spending authorized spending on deficiency payments. Johnson Administration. under the 1990 farm bill, and the The proposals in Secretary Glickman’s Mr. Daniel A. Sumner, University of Cali- Leahy-Craig substitute will generate ‘‘Blue Book’’ guidance to Congress, together fornia-Davis, Assistant Secretary for Eco- with reductions in deficiency payment acre- nomics, USDA Council of Economic Advi- these additional savings from the age that you have since recommended, are sors, Bush Administration. present baseline. steps in the right direction. The further re- Dr. Robert L. Thompson, Winrock Inter- Mr. President, although the great forms of the Conference Report provide an national, Assistant Secretary for Economics, majority of Maine farmers do not de- opportunity to go beyond those improve- USDA, Reagan Administration. pend on or even use Federal commodity S 906 CONGRESSIONAL RECORD — SENATE February 6, 1996 programs, the Leahy-Craig substitute a result, we are losing family farms at that the discussion regarding the for- contains a couple of provisions of great a consistent and rapid rate, and their giveness of 1995 advance deficiency importance to Maine farmers. First, loss impacts the rural economy and the payments warrant some merit. I be- the substitute retains a provision that municipal tax bases of many small New lieve that we can provide income sta- was included in S. 1541 which preserves England towns. bility for our farmers without demand- the existing restriction on planting The people of New England—farmers, ing the phaseout of farm programs in fruits and vegetables on what we pre- consumers, processors, and public offi- return. viously called flex acres. Both the cials—devised the compact as a solu- The core component of sound farm Leahy-Craig substitute and S. 1541 tion to this problem, and it is wisely policy should be an adequate and cer- refer to all program acres as contract limited in scope. The compact only ap- tain safety net, one that provides sup- acres, but we still had a problem in plies to class I fluid milk, and since we port when market prices are low, and earlier versions of S. 1541 whereby com- have a largely self-contained fluid milk one that does not need to make pay- modity crop farmers would have been market in our region, the compact will ments when the market is up. This is able to grow any crop on unpaid con- not harm farmers or processors in how current farm programs are struc- tract acreage. other regions of the country. There is tured, and they work. This was a problem because it would no good reason not to support the ef- I have long stated that I believe that place nonprogram fruit and vegetable forts of the people of New England to the current structure of farm programs growers at a distinct disadvantage in solve one of their own problems. We have served rural America, and con- competition with program farmers who should praise them for their ingenuity sumers everywhere, extremely well. grow the same fruit and vegetable and self-reliance. I am very pleased Therefore, it is my belief that farm crops. The disadvantage arises from that Senators LEAHY and CRAIG have programs should only be fine tuned. I the fact that farmers who grow a pro- recognized the merits of this proposal, do recognize that some of my less for- gram crop like wheat, along with a and have agreed to include it in their tunate regional colleagues feel that vegetable like potatoes, can use the substitute. farm programs that affect their States Government support payments for Mr. President, the Leahy-Craig sub- need greater changes than those that wheat to bolster their potato business. stitute will generate substantial sav- affect the South. The ability to resolve Potato farmers in Maine, on the other ings for the taxpayers, and it will give these differences is the purpose of de- hand, who do not grow any program farmers more flexibility. It will address bate on farm programs. which to this crops, do not have a guaranteed source the concerns of many fruit and vegeta- point has been very little in commit- of revenues that they can rely on to ble growers, and dairy farmers. Given tee, where farm programs are supposed support their farm operations. the fiscal implications of not passing a to be written. Therefore, I recommend Senator LUGAR, the author of S. 1541, farm bill, all Senators have an impor- that we return to committee and dis- and Senators LEAHY and CRAIG have tant stake in at least the completion of cuss the farm bill as we always have in listened very intently to the concerns debate on the farm bill. Senators the past. We would then be able to bring a bill to the floor that addresses of full-time fruit and vegetable farm- LEAHY, CRAIG, LUGAR, DOLE, and many ers, and they addressed this matter others have done a tremendous amount all of our needs and concerns, and pass a bill that serves our agricultural pro- with an even hand. Senator LUGAR even of work of the substitute before us, and met with Maine potato farmers to dis- the Senate must be allowed to finish ducers, rural America and consumers cuss this problem. The substitute pro- action on it. I urge my colleagues to alike. hibits the planting of most fruits and vote for cloture and for passage of the f vegetables, including potatoes, on con- Leahy-Craig substitute. CLOTURE MOTION tract acres. Senators LUGAR, LEAHY, Mr. HEFLIN. Mr. President, I rise in The PRESIDING OFFICER. The time and CRAIG have demonstrated consider- opposition to the Leahy substitute of the Senator has expired. The clerk able leadership on this issue, and they farm bill. will report the motion to invoke clo- The Leahy substitute farm bill, is at deserve to be commended for it. ture. The other provision in the substitute its core, essentially the freedom-to- The assistant legislative clerk read that I would like to specifically men- farm bill. The provisions contained in as follows: tion concerns dairy farming. Section the Leahy substitute were never de- CLOTURE MOTION bated in committee, were not passed as 108 provides the consent of the Con- We, the undersigned Senators, in accord- gress to the Northeast Interstate Diary part of the Senate budget reconcili- ance with the provisions of rule XXII of the Compact. This compact was drafted, ation bill, but were instead approved in Standing Rules of the Senate, do hereby negotiated, and signed between all of conference. move to bring to a close debate on the sub- the New England States to help remedy I have some strong reservations re- stitute amendment to S. 1541, the farm bill. a serious problem throughout that re- garding the freedom-to-farm bill, al- LARRY E. CRAIG, JAMES M. JEFFORDS, DON gion: the rapid loss of the family dairy though I too, share the concerns of NICKLES, JOHN H. CHAFEE, ROBERT F. BEN- NETT, THAD COCHRAN, TED STEVENS, TRENT farm. each Member of this body that farmers LOTT, RICHARD G. LUGAR, CRAIG THOMAS, The compact creates a regional com- need immediate certainty. The farmers ALAN K. SIMPSON, JOHN W. WARNER, LARRY mission which has the authority to set in Alabama experienced a disastrous PRESSLER, DAN COATS, CONNIE MACK, KAY minimum prices paid to farmers for year in 1995 with a drought, insect in- BAILEY HUTCHISON. fluid, or class I milk. Delegations from festations and even a hurricane or two. The PRESIDING OFFICER. The each State comprise the voting mem- These farmers have suffered a great question is, Is it the sense of the Sen- bership of the commission, and these deal and the payments in freedom to ate that debate on the substitute delegations in turn will include both farm appear very attractive. However, amendment numbered 1384 to Senate farmer and consumer representatives. the guaranteed payments freedom to bill 1541, the farm bill, shall be brought The minimum price established by the farm offers are made in exchange for a to a close? commission is the Federal market phaseout of farm programs. I disagree The yeas and nays are required under order price plus a small ‘‘over-order’’ strongly with phasing out farm pro- the rule. The clerk will call the roll. differential that would be paid by milk grams. The legislative clerk called the roll. processing plants in the region. This The efforts undertaken by the De- Mr. DOLE. I announce that the Sen- over-order price is capped in the com- partment of Agriculture to address the ator from Texas [Mr. GRAMM], the Sen- pact, and a two-thirds voting majority disastrous crop year and subsequent fi- ator from Mississippi [Mr. LOTT], the of the commission is required before nancial hardship provides another op- Senator from Arizona [Mr. MCCAIN], any over-order price can be instituted. tion for American agriculture. The the Senator from Arkansas [Mr. MUR- Mr. President, we desperately need USDA has announced its intention to KOWSKI], and the Senator from New this dairy compact in New England. allow for extended repayment of ad- Hampshire [Mr. SMITH] are necessarily The current Federal order price for this vance deficiency payments, with the absent. region does not come close to reflect- interest waived in some cases. This ef- Mr. FORD. I announce that the Sen- ing the farmers’ cost of production. As fort should be applauded. I also think ator from Georgia [Mr. NUNN] and the February 6, 1996 CONGRESSIONAL RECORD — SENATE S 907

Senator from Nevada [Mr. REID] are The PRESIDING OFFICER. Without would itself signify a calamitous American necessarily absent. objection, it is so ordered. policy failure. There is overwhelming na- tional need and also adequate time to keep The PRESIDING OFFICER. Are there f any Senators in the Chamber desiring today’s friction from becoming tomorrow’s to vote? explosion. CHINA AND TAIWAN The ever more glaring contrast between The yeas and nays resulted—yeas 59, Mr. SIMON. Mr. President, China is Beijing’s totalitarianism and Taipei’s Amer- nays 34, as follows: making bellicose statements about ican-nursed democracy, and the end of the [Rollcall Vote No. 9 Leg.] Taiwan. This morning’s Washington Cold War, have weakened the 20-year-old YEAS—59 Post begins an editorial with these international formulas supporting China’s peaceful reunification with its wayward Abraham Faircloth Lugar words: Ashcroft Frist Mack province. A significant opposition in Taiwan Bennett Gorton McConnell If it came to that, the United States would now favors independence. The government, Biden Graham Moseley-Braun have no choice but to help Taiwan—a flour- coming up on Taiwan’s first democratic pres- Bond Grams Nickles ishing free-market democracy—defend itself idential election, has had to bend, in part by Bradley Grassley Pell against attack by Communist China. No seeking official American visas for its lead- Breaux Gregg Pressler treaty or law compels this response, but de- ers, thus provoking Beijing. The Clinton ad- Brown Hatch Robb cency and strategic interest demand it. An Burns Hatfield Roth ministration has been slow to grant the Campbell Helms Santorum American Government that allowed the issue visas, not wishing to aggravate its other ten- Chafee Hutchison Shelby of Taiwan’s future be settled by China’s force sions with China. American legislators of dif- Coats Inhofe Simpson would be in disgrace as well as in error. ferent stripes have come to Taiwan’s side, Cochran Jeffords Snowe further provoking Beijing. Cohen Johnston Specter Mr. President, the best way to avoid force or to avoid giving a dictator and Broad, forward-looking ‘‘dialogue’’ with Coverdell Kassebaum Stevens China has been out of style in Washington Craig Kempthorne Thomas a dictatorship the appetite that will since George Bush imprudently sent secret D’Amato Kerry Thompson not be satisfied with conquering one DeWine Kyl Thurmond emissaries to Beijing after the Tiananmen Dole Lautenberg Warner area is to make clear that that will be massacre. Fighting fires has been in. This is Domenici Leahy resisted by the community of nations. a fire. The United States needs to encourage NAYS—34 I am not talking about the use of calming gestures by Taiwan (suspend the American troops, but I think American visa provocations) and China (suspend the Akaka Feingold Lieberman thuggish threats). At home, it needs to reach Baucus Feinstein Mikulski air power clearly ought to be brought Bingaman Ford Moynihan to bear if such an eventuality should a policy consensus with Congress in order to Boxer Glenn Murray take place. better show China that it cannot squeeze Bryan Harkin Pryor Taipei and to convey to Taiwan that it Bumpers Heflin Rockefeller If China is permitted to grab Taiwan, should not set about deliberately and reck- Byrd Hollings Sarbanes I think it will be only a matter of time lessly on a policy of trying to draw the Unit- Conrad Inouye Simon before China takes Mongolia and other ed States into an escalating showdown with Daschle Kennedy Wellstone areas. I think the best way of main- Beijing. Then the two sides can return to the Dodd Kerrey Wyden Dorgan Kohl taining stability in that area of the irregular but peaceful relationship they were Exon Levin world is to be firm. pursuing before. NOT VOTING—7 I heard my colleague, Senator FEIN- [From the New York Times] WASHINGTON CONFRONTS CHINA Gramm Murkowski Smith STEIN, refer to our policy toward China Lott Nunn as one of zigzagging. I think that is a (By A.M. Rosenthal) McCain Reid correct analysis of what we are doing. Washington has chosen the issue on which The PRESIDING OFFICER. On this I think we ought to be firm; we ought it will at last acknowledge and confront Chi- vote, the yeas are 59, and the nays are to be positive. I want to have good re- nese Communist action detrimental to the 34. Three-fifths of the Senators duly lations with China, but China should United States. not think for a moment that she can There was a considerable list to choose chosen and sworn, not having voted in from. China threatens daily missile attacks the affirmative, the motion to invoke invade Taiwan without having serious against Taiwan. Beijing sells missiles to Iran cloture is rejected. problems. and other Mideast dictatorships. At home it Mr. DOLE. Mr. President, the vote I ask unanimous consent, Mr. Presi- increases arrests and jail sentences for dis- was 59 to 34. That would be short. dent, to have printed in the RECORD the sidents. It allows Internet use to only a rel- Right? Washington Post editorial and also an ative handful, and from now on only through Mr. FORD. That is the way I cal- A.M. Rosenthal op-ed piece in the New government-controlled ports. culate it. York Times, ‘‘Washington Confronts Each act involves the U.S. An attack on Mr. DOLE. We will have to decide. I Taiwan would force U.S. involvement. Sales China.’’ of missiles endanger Mideast peace and defy will let the Democratic leader know There being no objection, the mate- whether we will have another cloture U.S. policy against proliferation of high-tech rial was ordered to be printed in the weapons. vote on Thursday. But I think it is RECORD, as follows: Increasing repression and closing access to pretty obvious that had our absentees [From the Washington Post, Feb. 6, 1996] international information is a slap at the been here, we would have had cloture, U.S. Washington had assured the world of IF CHINA ATTACKS TAIWAN and we have pretty good bipartisan the opposite—that freedoms would increase support. It seems to me that we are If it came to that, the United States would in China after the 1994 Clinton Administra- pretty close to a bipartisan resolution have no choice but to help Taiwan—a flour- tion decision not to use economic pressure to ishing free-market democracy—defend itself of this matter. ease oppression. against attack by Communist China. No Well, enough is enough. Washington now I will let my colleagues know as soon treaty or law compels this response, but de- as we can because I know some have says it will show its staunch determination cency and strategic interest demand it. An to resist Chinese provocation—about com- plans and some would like to have American government that allowed the issue pact disks. If China does not stop counter- plans. of Taiwan’s future to be settled by China’s feiting these disks, the Administration will I suggest the absence of a quorum. force would be in disgraced as well as in increase tariffs on Chinese goods by as much The PRESIDING OFFICER (Mr. error. as $1 billion. SANTORUM). The clerk will call the This is what the United States should be Any commercial piracy costs manufactur- roll. conveying, and China pondering, as Beijing ers and artists money and should be opposed. The legislative clerk proceeded to steps up military pressure on Taiwan. Down But to appreciate the CD episode fully it call the roll. that road lies a possible direct confrontation helps to have a taste for bitter comedy. Mr. SIMON. Mr. President, I ask with Washington. Even starting out on that 1. The Communists will not keep any new unanimous consent that the order for road carries heavy risks for China. Espe- promise better than they keep existing cially dangerous is any possibility that the quorum call be rescinded. ones—or others, like ending slave-labor ex- Beijing may be setting out under the dubious ports to the U.S. The PRESIDING OFFICER. Without and smug impression that the United States 2. If they do camouflage piracy better, they objection, it is so ordered. will back off and leave China with no heavy will demand concessions—like even tighter Mr. SIMON. Mr. President, I ask costs to pay at all. zipping of the U.S. mouth on human rights. unanimous consent to speak for 5 min- But, of course, to be faced with an actual 3. The U.S. announcement accentuates the utes as in morning business. decision on rescuing a threatened Taiwan moral disaster of Clintonian policy on China. S 908 CONGRESSIONAL RECORD — SENATE February 6, 1996 CD’s yes, people no. Mr. Clinton broke his something, say 6 o’clock. That means on the basis of the needs and concerns promise to use tariff pressure to persuade we would have, if there is an agree- of the people I represent—the tax- Beijing to treat its Chinese and Tibetan po- ment—we do not have it yet, we just payers of Minnesota. litical victims less viciously—maybe a mite started—so if there is an agreement, This is the way we Minnesotans less torture. Beijing answers by increasing, make our decisions—carefully and not decreasing, political oppression. He acts then there would be votes tonight, surprised. there would be votes tomorrow. thoughtfully. We do not have a reputa- Democrats and Republican politicians talk It is my hope that part of that agree- tion for simply rubberstamping the about the danger of cynicism. But they ex- ment, if in fact one is reached, would bills that affect us and the rest of the pect Americans not to see the cynicism of be a recess period until the 26th of Feb- Nation. When we put our seal of ap- putting CD’s above the blood of dissidents in ruary, because many, including many proval on something, it is done with China’s gulags. of the staff in the Senate, have been the utmost care and thought. Worse, they may be right. I do not hear here right around the clock through Perhaps this is a bigger deal in Min- American university students or professors nesota than it is in Washington. But it mobilizing against Chinese Communist cru- the Christmas holidays and New Year’s. should not be. elties, or consumers organizing a boycott As a result, I simply asked that the like the one that helped kill South African In any event, that is all we can ad- apartheid. vise our colleagues at this time. If we request for a time agreement wait If war comes to Taiwan, it will not be be- have any additional information, we until I had had a chance to conduct my cause Beijing believes its lie that Taiwan is will pass it on. So I cannot put out the review. But as usual, things have been preparing to declare its deserved independ- no-vote signs. There could be votes to- blown out of proportion, and as a re- ence. It will be because 100 miles off China’s night. We will let you know as soon as sult, we may be faced with the Ken- shore, Chinese people have created a society we can. nedy amendment—a proposal that that is both prosperous and democratic. That should make as little sense in Washing- so terrifies the perpetually insecure Polit- Mr. GRAMS addressed the Chair. The PRESIDING OFFICER. The Sen- ton as it does in Minnesota. buro that it risks war—not only against Tai- Having studied the Kassebaum-Ken- wanese independence of government but Tai- ator from Minnesota, [Mr. Grams] is wanese independence of mind. recognized. nedy legislation, I have come to the Beijing uses missile threats to intimidate Mr. GRAMS. Mr. President, I rise at conclusion that it would be counter- Taiwanese into voting for a party that is this time to discuss an amendment productive to take this matter up right now at a time when the Federal Gov- running on a pro-China platform and against that had been filed by Senator KEN- independent-minded opponents. ernment has much unfinished business The Taiwan Relations Act, passed by Con- NEDY to S. 1521, the farm bill. Like the Senator from Massachusetts, and also left on its plate. gress in 1979, says that U.S. recognition of As a taxpayer, I can not understand the chairman of the Labor and Human Communist China rests on the expectation why the Senate would move to the Resources Committee, Senator KASSE- that Taiwan’s future will be determined by issue of health insurance reform, with- peaceful means. BAUM, I do support health care reform— out some assurances to the American The law states that any effort to deter- specifically, improvements such as mine Taiwan’s future by other than peaceful people that we and the President will health insurance portability and put- complete the business before us—bal- means—which includes threats of daily mis- ting an end to discrimination against sile attacks—are of grave concern to the U.S. ancing the budget, saving Medicare and should be ‘‘promptly’’ reported by the those with preexisting conditions. from bankruptcy, providing tax relief As both a Member of the House and President to Congress. to taxpaying families so they can af- The President has not done that, promptly the Senate, I have worked for such re- ford insurance, and reforming the wel- or at all. Nor has Congress demanded it, de- forms, and I look forward to supporting fare system. spite some members’ attempts. Mr. Gingrich such legislation in the near future. But Before we go on to other issues and and Mr. Dole, the agenda-setters, become ac- as they say, timing is everything. complices in the President’s decision to ig- other agendas, shouldn’t all of us—Re- There are undoubtedly many people publicans and Democrats—make every nore U.S. law. watching the Senate asking themselves Restraint is needed, we are told by U.S. of- effort possible to carry out the tax- ficials and some journalists—we do not want what the Senator from Massachusetts payer’s agenda? a war over Taiwan, do we? Of course not. is up to. I must confess to being one of This question is even more critical, That is what facing the possibility is all them. given that the President’s own health about. The purpose of the farm bill was to care financing administration projects As long as Congress and President ignore give our Nation’s farmers and the peo- that the Medicare Program, for the their legal obligation to deal with China’s ple they work with a clear roadmap of first time in 23 years, faces a deficit threat to Taiwan, decide what steps to take Federal farm policy with which to and will go bankrupt sooner than any- and let China know, Beijing will believe it make the decisions this year about can attack Taiwan or keep terrorizing it, one had previously predicted. with no risk. planting, equipment purchases, and Does it make any sense to rush ahead That is not restraint of confrontation that loans. Given that that question re- on health insurance reform at a time could lead to war. It is the blundering en- mains, why would the Senator have when the Medicare Program faces in- couragement of both. How terribly many been offering an amendment dealing solvency? I think not. times must we learn? with health insurance to the farm bill? Back in November, Congress gave Mr. SIMON. Mr. President, I see the In all honesty, I still do not know. It President Clinton an opportunity to majority leader is on the floor, and I does not make sense. Unfortunately, a address this problem—by passing a yield the floor to him. lot of what goes on sometimes does not Medicare reform proposal which would f make a lot of sense. have saved the trust fund from bank- For example, last Thursday night, a ruptcy, while expanding health care op- AGRICULTURAL MARKET hotline call from the majority leader’s tions available to senior citizens. TRANSITION ACT OF 1996 office was made to find out if there Now, they say that an ounce of pre- The Senate continued with the con- were any objections to bringing up for vention is worth a pound of cure—and sideration of the bill. consideration the Kassebaum-Kennedy had the President followed this sound The PRESIDING OFFICER. The ma- health insurance legislation—the very advice and signed the bill, we would jority leader. subject matter of the Senator’s amend- not be in this mess in the first place. Mr. DOLE. I thank the Senator from ment filed by the Senator from Massa- Well, he did not sign the bill, we are Illinois. I want Members to know I chusetts. in this mess, and now some Members of have had a brief visit with the distin- Upon receiving this call, I requested the Senate want to move ahead on guished Democratic leader, Senator more time to review the legislation. their agenda without addressing the DASCHLE. We have now asked staff on As a Senator from Minnesota, I have Medicare crisis. These some Members each side to see if they can sit down always taken my responsibility to want to move ahead on their agenda and work out a series of amendments study the legislation considered by the without addressing the primary con- on each side on the farm bill and work Senate seriously—to examine its impli- cerns of the taxpayers, such as the bal- into the evening and work tomorrow cations, to detect any possible unfore- anced budget, tax relief, and welfare and set a time certain for action on seen consequences, and to evaluate it reform. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 909 Former Speaker Sam Rayburn used or at least the organizations, have gone baseline. In other words, $4 billion less to say, ‘‘To get along, go along.’’ Well, from being violently opposed to the than we thought we would have to pay I think we have been going along for freedom-to-farm bill to now favoring out. too long in this Chamber, and it has it. While I understand that—and I cer- We would think this place would be been at the expense of taxpayers and tainly am not in any position to criti- rhapsodic because we saved $4 billion senior citizens. Their needs must be cize some of the farmers in my State because commodity prices are good. heard. who now favor freedom to farm—I still No, we want to sing this siren song to For this reason, I intend to offer a believe that the vast majority of the the farmers saying, ‘‘Go along with us. substitute to the Kennedy amend- farmers in my State, particularly rice We will cut your throat down the road, ment—it simply requires that Congress farmers—and there are thousands of but you will get rich for 2 or 3 years be- and the President will first resolve the them, as we produce 40 percent of all fore we get around to it.’’ current Medicare crisis and put the the rice in the country—farmers, in my I gave you the illustration of cotton, program on a path toward solvency be- opinion, would ultimately be dev- but that is true of every commodity. fore turning to any other health care astated when the freedom-to-farm bill All the commodity prices right now are legislation. passes. Cotton and wheat are different very good, with the exception of rice. If In doing so, we will give our assur- matters. we did not have target prices for rice ance to taxpayers and senior citizens I think the best description of the right now, I am not sure what, if any, that the Senate will face this crisis di- freedom-to-farm bill I have heard was percent of the 40 percent of the Na- rectly and not turn its back on the peo- one that was given in caucus the other tion’s rice crop we produce in Arkansas ple we represent. day by the senior Senator from North would be produced. Maybe none. Farm- In addition, I will ask that the unani- Dakota, Senator CONRAD, when he said ers are not known to plant when they mous-consent agreement on consider- the freedom-to-farm bill is like the know they will lose money on the front ation of the Kassebaum-Kennedy bill Kool-Aid that Jimmy Jones gave all end. They do not ever intend to lose be amended such that consideration of his devotees when they were drinking money. It just happens. the bill will not take place until after poison. It tastes good going down, but I have an amendment, if I ever get an April 15—tax day. it is fatal. opportunity to offer it, which would The freedom-to-farm bill simply At the very least, Congress and the simply extend the present farm pro- says, and I do not embellish or exagger- President can use this time to do what gram for 1 year. We ought to adopt ate, for example, if you plant cotton we were elected to do—balance the that amendment right now and then and the target price that has been set budget, reform welfare, and provide tax start amending it. If there are things by Congress on cotton is about 72 cents relief for middle-class Americans. that people want to change about the To those who say it cannot be done, or 74 cents a pound—I think 74 cents a existing programs, let them amend it. I say the tools are there—they have pound; cotton right now in New York is If there are things about rural develop- been all year. What Washington lacks selling for a lot more than that—that ment in America, let them add it to is the will to do its job. Maybe today, means under the existing program, the that amendment. Do not get out on the we can help turn this around and get taxpayers of this country, because cot- floor of the U.S. Senate and try to back to doing the people’s business in a ton is bringing more than the target craft a bill that half the Members know way that makes sense both here in price, would not cost the taxpayers one nothing about, do not understand, and Washington and across the country. nickel. If you are getting 85 cents to 89 which, in my opinion, is terrible for the Mr. DORGAN. Mr. President, let me cents a pound, you are above the target American farmer. put a correction in the RECORD. My un- price. There are a lot of things—from Madam President, I am dismayed and derstanding is that in their caucus the weather to pests—that can cause you disheartened and saddened that the po- majority party handed out a list of not to produce as much cotton as you sitions I have just stated are probably amendments that had been filed at the normally do, but that is true in any not going to prevail. All I am saying is desk and awaiting debate on the farm circumstance. bill. In the handout in the majority To proceed with the story, we will as- it makes imminent good sense to ex- caucus, on page 3 of the list is an sume that during the marketing period tend the existing program, which, as I amendment No. 3205, with my name, this fall during which we determine pointed out a moment ago as graphi- cally as I know how, is succeeding. It is Senator DORGAN, on emergency relief how much more or less than the target for refiners. price cotton brought during those 5 doing precisely what those of us in the Well, I have not offered such an months, assume that cotton brings past many years have said would hap- amendment. I have offered amend- substantially more than the target pen. ments that are numbered 3206 and 3207. price. Under the freedom-to-farm bill, The present farm program is key to My office has received calls from peo- for purposes of making the point, as- market prices of commodities. The ple who have gotten hold of this hand- sume that farmers make a bale and a freedom-to-farm bill is not key to any- out and wondered what on Earth am I half to two bales an acre. That is a thing except the demise of the farmer. doing. This is a mistake by somebody. very good crop, but assume they do. They say that it will represent a $12 I hope they will correct that in their Assume, further, that they get 85 cents billion savings over the next 7 years. next handout. There is no reason to be- a pound. I promise, under normal cir- Maybe yes, maybe no. Who knows? lieve it was deliberate. cumstances, that is very profitable. When you talk about saving $12 billion, I have trouble enough defending the What does the freedom-to-farm bill assume for the sake of art they know record I create around here as it exists, do? It gives them 7 cents a pound more, exactly what they are talking about, let alone defending something I have above that price. That is like that and they do to some extent. You can not introduced nor offered, and would Kool-Aid that tastes so good, but 3 put this in a computer and come up not support. I do not know what this years from now it is not 7 cents, it is with a figure, and they have done it. amendment is, but I would not be offer- something less, and at the end of 7 If we were $4 billion under the base- ing amendments dealing with refiners. years it is zero. If cotton has to be sell- line in 1995, and commodity prices In any event, I want people to know ing for 65 or 70 cents a pound, do not right now are higher than they were in this is not correct, and I hope it will be come crying to the Federal Govern- 1995, there is an excellent chance that corrected. ment for some kind of subsidy. 1996 will be further under the baseline I yield the floor. Why would we do this at a time when than 1995 was. At least the farmers (Ms. SNOWE assumed the chair) the programs that we have had in ex- have that safety net under them. The Mr. BUMPERS. Madam President, as istence for many years are working? farmer who raises cotton is going to Laurel used to say, ‘‘We have gotten Madam President, in 1995 commodity get that 7 cents a pound I alluded to a ourselves into a fine fix.’’ prices—wheat, corn and cotton, espe- moment ago, regardless of what the There is something about this whole cially, but other grains, too—were so market rice is. The farmer who gets thing that obviously is eluding me. I high that we came in on farm subsidy that extra 7 cents is going to be pretty must confess that a lot of my farmers, expenditures $4 billion less than the well-to-do. S 910 CONGRESSIONAL RECORD — SENATE February 6, 1996 Another thing about it that drives sometimes, but if you ask people do So, I compliment those moderate Re- me up the wall, do not plant your cot- you believe in that, the answer is yes. publicans over there who have had the ton. Do not plant anything. We will Have you ever heard anybody answer courage to defy their leadership and still give you 7 cents a pound whether the question, do you want to balance say something which I think is emi- you put a plow or a seed in the ground. the budget—have you ever heard any- nently sensible. Come on the floor of the Senate and body answer that in the negative? Of So, Madam President, fiscal respon- propose a program like that for 17- course not. You never will. It is a value sibility, the elderly, our children, edu- year-old poor pregnant girls and you in this country. Once you get past that cation, the environment—those are our will have a revolution on your hands value you have to ask yourself what values. I do not care how nasty the here. are the other values in that budget mood in this country is, and we all Farmers are not interested in wel- that we cherish most? know it is pretty nasty, I still would fare. I guess they could be bought off Winston Churchill said, you can tell not hesitate to run and not ever talk with this. But it is welfare. You can more about a civilization by the way about anything but the four things I call it anything you want. That is what they treat their elderly than any other just mentioned. it amounts to. We are doing this while way. So let us just take that first. Ev- So, I wish that wise and sane heads we are saying that we hope poor chil- erybody believes in Medicare. They be- would prevail and we could get some- dren in this country will get treated lieve in Medicaid that provides nursing thing done on this farm bill. For exam- under Medicaid, but we are not guaran- home care for poor people. ple, extend the present bill. We have no teeing anything. I do not mind telling you, Madam business trying to craft a farm bill on So, you are going to see ‘‘60 Min- President, I get letters from people the floor of the U.S. Senate. Extend the utes,’’ ‘‘Prime Time Live,’’ ‘‘20/20.’’ who chastise me about something I present bill for a year. If there are They will be scouring all the expensive said on the floor, or some value I ar- parts of that you disagree with, offer vacation places in the country, trying ticulated on the floor, and especially an amendment to do something about to find farmers who have taken this 7 sometimes from wealthy people. Why it. Change it, but do not take a bill cents a pound. Maybe they planted, do you not do this? Or why do you not that was immensely unpopular last maybe they did not. They get the do that? I know, a lot of times wealthy summer, with all the farm groups— money anyway—again, whether they people have Aunt Lucy in a nursing Chairman Roberts could not even get it farm or not. What kind of a farm pro- home on Medicaid. I used to have a out of his committee in the House—and gram is that, Madam President? nursing home many years ago. I all of a sudden it is our salvation. So let me just close by saying some- know—I know that some of those peo- I say, I hope saner heads will prevail thing sort of unrelated to this. Here we ple who are rabid about cutting Medic- and that will happen. are debating whether or not we are aid or something else, if you say we are Mr. KERRY. Madam President, I going to give farmers all this money as going to kick Aunt Lucy out of the voted for cloture on the Leahy-Dole a gift, for doing nothing, and the big nursing home you will hear a different substitute to S. 1541 because I believe debate going on in Medicare and Medic- song. Because we value elderly people. it is essential that the Congress act on aid is, for example in Medicaid, shall We want them taken care of. We do not and approve legislation to reform na- we make it an entitlement as it is now want them on the streets. We do not tional farm policy and to reauthorize or shall we make it a block grant? And want them abused. We want them to vital agricultural conservation and nu- what are the politics of those two? have good care and we pay for it at a trition programs. The other day I spoke to the hospital very, very handsome price. The existing authorization for the administrators. This is off the subject And our children. As I said, there is numerous nutrition, conservation and of farming, but one of the hospital ad- not a soul in this body, I do not think, commodity programs that comprise ministrators asked me a question. who, if you said you are going to have the so-called ‘‘omnibus farm bill’’ ex- What is our policy on something or to pay more taxes or you are going to pired during 1995. Regrettably, the Re- other? It was a very good question. see children on the streets desperately publican leadership did not choose to I said, you know, you would never in need of a home and of health care, bring reauthorization legislation to the make it here. You are not supposed to who would not say I will pay it. floor prior to its expiration, or even in ask what the policy is in regard to the Then you say, would you be willing the intervening months since expira- future of the country, or what our real to pay more taxes if it went for edu- tion. While Senators DASCHLE, LEAHY values are. You are supposed to worry cation? I have never seen a poll that and many others have called repeat- about does this help Steve Forbes or said no to that. If you call it welfare edly for a thorough debate of and ac- Bill Clinton? Those are the questions that is one thing. If you call it poor tion on farm policy for nearly a year you are supposed to ask around here. children it comes out quite differently. now, no comprehensive farm bill was So it is with Medicaid. The question So, Madam President, I made sort of brought to the Senate floor for consid- should not be, Are we going to make it a rambling speech. I might say one eration until last week. This is yet an- an entitlement or a block grant? The other thing just as an aside. I saw in other example of the way in which the question ought to be, Are we going to last Friday’s Post that some 20 so- Republican-led Congress is failing to allow children to go without health called moderate Republicans in the get the people’s work done in Washing- care because they are poor? That is the House said, ‘‘We are willing to forgo ton as it pursues its radical platform. question. It is just that simple. That the tax cut.’’ Bully for them. It is an However, with the expiration in 1995 ought to be the policy first. Then you oxymoron, to talk about cutting taxes of the 1990 farm reauthorization legis- work out the details later. and balancing the budget. lation, the 1949 Agricultural Act, a dec- So it is with the budget. If I were a I do not know what kind of condition ades-old and outdated statute authoriz- youngster running for Governor again, the Medicare system is in. I saw the ing farm commodity programs for like I was one time, I would say—and story in the New York Times yester- wheat and grains subsidies automati- as I do now, to my constituents—the day. It is much worse than any of us cally again became the controlling values the people of this country cher- thought. But I still maintain that if statute. According to the Department ish do not change very much from year the House Speaker and the negotiators of Agriculture, the 1949 law could sub- to year. Things change. Health care de- in the Senate and the President would stantially increase, to an estimated $10 livery changes. Highways change. Tele- all forgo the tax cut, the rest of it will billion for 1996 alone, the federal tax- vision programming and movies fall into place. You have all the time in payers’ already-mammoth payments to change. Everything changes. But what the world to cut taxes. You are rolling farmers—an outcome that in my opin- we profess to believe as our values do the dice when you cut taxes because ion would be sheer folly, especially at a not change very much. If I were run- you are betting that everything GAO time when prices for many farm prod- ning for office I would say: Look, bal- or CBO said would happen in the budg- ucts are at record high levels. ancing the budget is one of our values et will come true. Wait 3 years. If it Last week, Senator DOLE decided to in this country. All of us believe in fis- has come true, then cut taxes. Do not bring before the Senate the Republican cal responsibility. We do not act like it do it now and wish you had not. version of a farm bill which addresses February 6, 1996 CONGRESSIONAL RECORD — SENATE S 911 only commodity reform. I opposed the Quality Incentive Program [EQIP] pro- both our Federal budgetary problems cloture motion on the Dole bill because vides further assistance to this effort, and the farm economy indicate the de- it was not a comprehensive package—it making available $200 million a year sirability of reductions in those sub- failed to reauthorize the vitally impor- for technical and financial assistance sidies. I am certain that a better bill tant nutrition programs or the valu- to livestock and crop producers who could be devised; I have strong doubts able conservation programs that to- wish to address environmental prob- it will be devised and passed this year. gether with farm provisions should lems on their farms. The bill also re- Second, no farm bill should be passed form any responsible comprehensive stores the authority, on a voluntary without strong nutrition and conserva- farm legislation. basis, for permanent and 30-year ease- tion components. Yet the Republicans After the failure of the Dole bill, Ma- ments to protect wetlands. who control both Houses have proven jority Leader DOLE, Democratic Leader In my view, no component of a so- they are entirely willing to do exactly DASCHLE, Agriculture Committee called farm bill is more important than that. Senator LEAHY, in his negotia- Chairman LUGAR, and Agriculture the way it addresses national nutrition tions, secured a commitment from Sen- Committee Ranking Democrat LEAHY programs. The Leahy-Dole package re- ator DOLE and Senator LUGAR, both met for several hours and crafted an authorizes several vital nutrition pro- men who honor their word, that the nu- outline of a potential bipartisan com- grams for seven years: food stamps, the trition and conservation provisions promise on farm policy. However, after emergency food assistance program will be retained in conference commit- working for several days and through- [TEFAP], the commodity supplemental tee. No one else has such a commit- out the weekend, the negotiations un- food program—an alternative to the ment for any nutrition or conservation fortunately hit a brick wall, and Sen- Women, Infants, and Children or WIC provisions, no matter how strong they ator DOLE called for a cloture vote on Nutrition Program in many cities—and might be willing to seek to make those a package that he previously had nego- the food distribution program on In- provisions. tiated with Senators LEAHY, CRAIG, and dian reservations. As just one illustra- Third, while I have grave doubts LUGAR. tion of how extensive is the impact of about the structure of the freedom to The Leahy-Dole substitute is a com- these nutrition programs, 14 million farm approach Republicans are taking prehensive, bipartisan package that children depend on food stamps to en- toward reforming farm policy—the ap- adds to the DOLE bill’s farm provisions sure they have a minimally adequate proach used in the Leahy-Dole bill —I with the reauthorization of important diet. am certain that the farm programs of nutrition programs upon which mil- Also included in the Leahy-Dole pro- the past have outlived any usefulness lions of poor Americans, preponder- posal is a provision that grants consent they may have had and must be re- antly children and the elderly, rely for of Congress to the Northeast Interstate placed. No other proposal being dis- their health and well-being, and farm- Dairy Compact, using the same lan- cussed comes anywhere close to land conservation programs on which guage that passed the Senate last year effecting the kinds and magnitude of farmers rely to help protect their farm- with 65 votes. The New England States reform that ought to take place—to re- lands from degradation. want to improve the way milk is priced duce the cost of these programs to tax- The Leahy-Dole bill—as did the origi- in their region by creating a commis- payers, to reduce the negative incen- nal Dole bill—replaces the existing sion comprised of both farmers and tives they establish for misuse of farm farm subsidy programs with a reform consumers that would have the author- land and environmental damage, to re- program geared toward weaning farm- ity to adjust and stabilize fluid milk duce the amount of tax dollars that go ers off farm subsidies over a seven-year prices in the six State area of Maine, to wealthy corporations and gentlemen period expiring in 2002. Few govern- New Hampshire, Vermont, Massachu- farmers, and to focus the program re- ment programs cry as loudly for re- setts, Connecticut and Rhode Island. sources on assisting needy family farm- form. The New England Dairy Compact was ers. The subsidy programs for wheat and supported by all 12 of the region’s Sen- The Leahy-Dole compromise at least other grains have paid farmers more ators—from both parties and all points contains components I think are than $135 billion in direct income sup- on the political spectrum—and would vital—for nutrition and conservation— port over the last 10 years. In 1993, this allow New England to take more con- and carries with it a commitment to conversion of tax dollars to support trol of pricing the fluid milk produced protect those provisions through con- payments represented 26 percent of net there. This compact is also consistent ference. It at least moves away from a farm income. However, these subsidies with the National Governors’ Associa- failed or obsolete farm policy and consistently have failed to bolster the tion’s agricultural policy and is strong- places subsidies on a downward trend incomes of the neediest farmers. Fur- ly supported by the New England Gov- through 2002. ther, five percent of the subsidies went ernors’ Association. It is important that I serve notice to farmers whose annual gross incomes Madam President, I do not want my that I will only vote for this legislation exceed $1 million. To compound the in- vote for cloture on the Leahy-Dole al- if it is improved sufficiently during jury, these outdated programs contrib- ternative to be mischaracterized as a Senate action to warrant that support. ute to soil erosion and overuse of agri- total endorsement of this package. And I will oppose it if despite the com- cultural chemicals, retarding environ- This legislation is a long way from mitments to the contrary it returns mental progress, with the effect that anything I could consider even ade- from conference committee with weak- Americans pay twice for these farm quate to meet our Nation’s agricul- er nutrition or conservation provisions. programs: once for the subsidies and tural, economic, and nutrition needs, I thank the Chair, and I yield the again to clean up environmental dam- protect taxpayers and consumers, and floor. age that would be greatly reduced protect the environment. I expect to Mr. WELLSTONE. Madam President, without the subsidies. offer at least one amendment to elimi- I hope we can fully debate the farm bill The Leahy-Dole proposal also reau- nate funding for an unnecessary pro- soon, and I will have more to say dur- thorizes key conservation programs gram that subsidizes foreign marketing ing that debate. Perhaps that will take like the Conservation Reserve Program of U.S. agricultural products, often by place this evening and tomorrow. If [CRP], with an authority to enroll up wealthy multinational corporations, not, then I hope we debate it very soon. to 36 million acres. It is critical that and will support efforts of other Sen- Farmers across the country need a the Federal Government assist farmers ators to improve the bill. farm bill. We are many months over- with environmental protection given But I concluded that I should support due. It is unfortunate that we are in that, as a point of reference, farmlands cloture based on the following facts: this current situation because farmers constitute twice the acreage of the na- First, if we do not enact into law— need to plan, they need to arrange tional wildlife refuge system. The CRP and soon—some replacement for the credit with their bankers, and they plays an important role in the protec- farm legislation that expired last year, have a right to know what programs tion of this rural acreage, contributing American taxpayers will be paying far they will be operating under. greatly to protection of soil, water and more than the already much-too-large I voted in favor of cloture last week. wildlife habitat. The Environmental sums in farm subsidies at a time when I did so not because I support freedom- S 912 CONGRESSIONAL RECORD — SENATE February 6, 1996 to-farm. I don’t. I favor long-term pol- tract Democratic votes in order to get (2) Most of the Compact’s vital provisions icy that would promote family agri- cloture. I especially would like to ad- will be left to rulemaking and the rules will culture and revitalize our rural econ- dress a provision that has been added be written by those who benefit from the omy. This is not that. which I consider to be a poison pill: the Compact; (3) The Compact Commission will erect I believe freedom-to-farm is a dubi- Northeast dairy compact. trade barriers to less expensive milk coming ous carrot followed by a very real I have to say that I’ve been working in from other regions to maintain the higher stick. It would eliminate farm pro- since I got here 5 years ago for mean- Compact milk prices and these trade barriers grams, ultimately leaving farmers to ingful dairy market-order reform. Min- will harm dairy farmers and processors in the tender mercies of the grain compa- nesota dairy farmers suffer terrible dis- the rest of the nation; nies and the railroads and the Chicago crimination under the current Federal (4) Higher Compact dairy farm prices will Board of Trade during years when order system. I’m strongly opposed to likely encourage surplus dairy production in prices are low. I think in the long term the Northeast dairy compact not only that region, thereby requiring additional fed- eral government purchases and lowering the it could have disastrous effects on fam- because it forestalls reform of that sys- tem. But it also cuts a special deal for prices received by struggling producers in ily farmers and our rural economy. other regions due to the dumping of surplus Some farmers believe that freedom- one region’s dairy farmers to the det- milk into other markets; to-farm is the best deal they will get riment of farmers in the Upper Mid- (5) Higher Compact prices in the Northeast from this Congress. I understand that. west, and it sets the bad precedent of will likely raise the cost of milk to North- Many in this Congress oppose farm pro- establishing regional barriers. east dairy consumers and make Northeast grams, and those people have made a We need to move to a farm bill. And processors less competitive; credible threat to the future existence we need to do it swiftly. But this deal (6) Higher Compact prices will benefit only of farm programs. This plan offers is unacceptable. one region of the country, a region that al- My office is hearing from Minnesota ready benefits form some of the nation’s farmers payments this year even highest federally-guaranteed minimum farm though prices are projected to be dairy farmers and their organizations. Minnesota’s Agriculture Commis- Class I milk prices; and strong. And it promises to lock in at (7) Other regions will likely seek to enact least some payments for 7 years. For sioner, a Republican whom I respect, dairy compacts as a defensive measure, some farmers, even those who know also has sent a message. They are urg- thereby balkanizing the nation’s dairy indus- that it is bad policy, that is attractive. ing a vote against cloture. I also re- try, raising consumer dairy prices nation- In fact, freedom-to-farm is bad pol- ceived a very strong statement of oppo- wide, and encouraging inefficient milk pro- icy. I will have more to say on this sub- sition to the Northeast dairy compact duction. If Congress is seeking ways to help the na- ject when we get to actual debate on from the Governor of my State today. I agree with his position, and I appre- tion’s struggling dairy farmers, it should re- the bill. form or eliminate the archaic Federal Milk I voted for cloture last week because ciate his communication on this issue. Madam President, I ask unanimous Marketing Order system so that the nation’s I had told Minnesota farmers that I dairy policy is evenhanded and beneficial to didn’t want to block its consideration. consent that the letter of Minnesota all of the nation’s dairy farmers. Moreover, I had my amendments prepared. I was Governor Arne Carlson be printed in we should not protect one region of the na- ready to debate. I still am. My strategy the RECORD immediately following my tion from competition from outside its bor- is not to block or obstruct. statement. ders as we move toward free trade around The PRESIDING OFFICER. Without But I will vote against cloture today. the world. objection, it is so ordered. Please oppose inclusion of the Northeast I have very strong reasons for doing so. (See Exhibit 1.) Interstate Dairy Compact in the Freedom to And I am pleased to say that I do so on Mr. WELLSTONE. I cannot stand by Farm Act. The future of your state’s dairy behalf of Minnesota dairy farmers, as I while this deal is made which neglects industry is at stake. will explain in a moment. the dairy farmers of my State. I will Thank you for your consideration. First, I would like to point out that vote against cloture. I believe I owe it Warmest regards, ARNE H. CARLSON, I have supported what I consider to be to Minnesota dairy farmers. And genuine reform of farm programs. I co- Governor of Minnesota. should cloture be invoked, or should The PRESIDING OFFICER. The Sen- sponsored a 7-year proposal last year the farm bill come up for consideration which I wish could have received a ator from Washington. under some other time agreement, I in- Mr. GORTON. Madam President, I closer look from the Senate and from tend to be part of an effort to strike ask unanimous consent I may be per- farmers around the country in recent the Northeast dairy compact from the mitted to speak for up to 5 minutes as months. I still believe it is the best ap- bill. proach. Madam President, I hope we can in morning business. My colleagues and I, led by the mi- move quickly forward from here to The PRESIDING OFFICER. Without nority leader, proposed a long-term, consideration of a viable and accept- objection, it is so ordered. targeted marketing-loan approach. able farm bill. I look forward to a f That plan would provide farmers the healthy debate. A BALANCED BUDGET planting flexibility they need. But it EXHIBIT 1 also would provide needed long-term Mr. GORTON. Madam President, it STATE OF MINNESOTA, seems to me in the last 24 to 48 hours, protection from some of the uncertain- WASHINGTON OFFICE, ties that farmers face—uncertainties of Washington, DC, February 6, 1996. we have taken one or two steps forward weather, and of markets that are domi- Re Opposition to the Northeast interstate in our quest for a truly balanced budg- nated by large multinational compa- dairy compact. et, a balanced budget that will pay nies. It also would target farm-program Dear U.S. Senator. I am writing to ask you great dividends to future generations benefits to family-size farmers. I still to oppose the inclusion of the Northeast In- of America in lower interest rates, bet- hope we can vote on that proposal. testate Dairy Compact in the Freedom to ter jobs, and higher incomes. And at I also intend to propose at least one Farm Act. My state represents one of the top the same time, at least one major step amendment, if not two, to save money dairy states in the nation and our dairy backward. That major step backwards, by eliminating loopholes that allow farmers are among the smallest on average of course, is what the President of the in the nation. some people to collect the maximum The Compact, if approved by Congress, United States has submitted as a budg- farm payments three times. I want to would be exempt from Commerce Clause et for fiscal year 1997. This yellow use savings from that reform to raise challenge and would allow those states par- booklet really should not carry that loan rates for family farmers, or to ticipating in the Compact to require a higher title because it obviously does not help family-size farmers to invest in price to be paid to their producers than guar- meet the requirements of a budget sub- their own value-added processing co- anteed by the Federal Milk Marketing Order mission under the law. To the extent operatives and marketing operations. system. that it does give an outline of the Now, however, I would like to address I oppose the Dairy compact for the follow- President’s priorities, however, it is ing reasons: the effort represented by this sub- (1) The Compact does nothing to correct clearly a status quo document. All of stitute bill to dress up the freedom-to- the many failings of the archaic 1937 Federal the difficult decisions, the heavy lift- farm proposal to attract votes—to at- Milk Marketing Order system; ing, is left until after the completion of February 6, 1996 CONGRESSIONAL RECORD — SENATE S 913 the term of the President who will be facts in this so-called budget docu- no amendments be in order to strike elected this fall. ment, I believe that this week rep- the permanent law modification during So, while it does not represent a step resents real progress toward an honest the pendency of S. 1541. forward on the part of the President, it balanced budget, a budget that will be The PRESIDING OFFICER. Without also, one must confess, does not rep- good for all Americans, that will lessen objection, it is so ordered. resent a step backward either. It con- the burden of debt on future genera- Mr. DOLE. Madam President, I fur- solidates the modest gains that were tions and increase their opportunities, ther ask unanimous consent that all attained through five separate budget their jobs, and their income. amendments in order to amendment submissions on the part of the Presi- Madam President, I suggest the ab- No. 3184 as modified be limited to 30 dent for the current year. The over- sence of a quorum. minutes, to be equally divided in the whelmingly significant step forward, The PRESIDING OFFICER. The usual form, and must be relevant to however, was the work by the National clerk will call the roll. the subject matter contained in amend- Governors Conference, which now The assistant legislative clerk pro- ment No. 3184 or farm related. unanimously has reached a detailed ceeded to call the roll. The PRESIDING OFFICER. Without statement of principle on both Medic- Mr. GRASSLEY. Madam President, I objection, it is so ordered. aid and welfare reform, one that has ask unanimous consent that the order Mr. DOLE. Madam President, I fur- been agreed to by both Republican and for the quorum call be rescinded. ther ask unanimous consent that all Democrat Governors across the coun- The PRESIDING OFFICER. Without amendments be offered in the first de- try, one that raises the very real possi- objection, it is so ordered. gree and not be subject to second de- bility of breaking the budget deadlock Mr. GRASSLEY. Madam President, I grees and offered on an alternating in which we find ourselves at the ask unanimous consent to speak for 7 basis between the parties, and that the present time. I cannot possibly be too minutes as if in morning business. majority side be limited to 5 amend- laudatory of the tremendously difficult The PRESIDING OFFICER. Without ments, the minority side limited to 10 task that the Governors have under- objection, it is so ordered. amendments. taken and the great degree of success (The remarks of Mr. GRASSLEY per- The PRESIDING OFFICER. Without they have reached. taining to the introduction of S. 1560 objection, it is so ordered. Mr. DASCHLE. Reserving the right Madam President, we need a balanced are located in today’s RECORD under budget for our children and for our ‘‘Statements on Introduced Bills and to object on that, just for clarification, grandchildren. We need reforms in Joint Resolutions.’’) I think the leader and I would encour- Medicare and Medicaid for our seniors Mr. GRASSLEY. I yield the floor. age, if there is not a Senator on one and for others who are less fortunate Madam President, I suggest the ab- side, that we would just go ahead and— and cannot afford to pay for health sence of a quorum. the idea would be to alternate. We will care services themselves. We need wel- The PRESIDING OFFICER. The leave it to the managers to make that fare reform for all Americans for a clerk will call the roll. determination. Mr. DOLE. Right. That is the under- more just and equitable system. And The assistant legislative clerk pro- standing of the chairman of the com- we need tax cuts for hard-working ceeded to call the roll. American families. All of these remain Mr. HELMS. Mr. President, I ask mittee, Senator LUGAR, and I think our goal. But two of the most difficult unanimous consent that the order for Senator LEAHY. It is going to be a rath- now are the beneficiaries of interven- the quorum call be rescinded. er tight timeframe in any event. So we do not want to waste any time. tion on the part of the National Con- The PRESIDING OFFICER (Mr. GOR- Madam President, I further ask ference of Governors in such a way TON). Without objection, it is so or- unanimous consent with respect to the that the entire logjam may now pos- dered. Santorum amendment concerning pea- sibly be broken and that, before the The Senator from North Carolina is nuts that there be 15 minutes under the end of the current continuing resolu- recognized. control of Senator SANTORUM and 30 tion on March 15, there is the very real MR. HELMS. I thank the Chair. minutes under the control of Senator possibility of a wonderfully genuine (The remarks of Mr. HELMS pertain- HEFLIN. move toward a budget that will lead to ing to the introduction of S. 1562 are The PRESIDING OFFICER. Without a very real balance by the year 2002 located in today’s RECORD under objection, it is so ordered. without gimmicks and without post- ‘‘Statements on Introduced Bills and Mr. DOLE. Finally, Madam Presi- poning all of the hard questions for 4 Joint Resolutions.’’) dent, I ask unanimous consent that more years. Mr. HELMS. Mr. President, I suggest final passage occur on S. 1541, as The final element in this equation the absence of a quorum. amended, no later than 4:45 p.m., was the report yesterday that the Med- The PRESIDING OFFICER. The Wednesday, February 7, 1996. icare part A trust fund is going bank- clerk will call the roll. The PRESIDING OFFICER. Without rupt much more rapidly than we had The legislative clerk proceeded to objection, it is so ordered. thought during our debate during the call the roll. f course of the last year. Instead of being Mr. DOLE. Madam President, I ask in the black last year, it was in the unanimous consent that the order for UNANIMOUS CONSENT red, 1 year earlier than was predicted the quorum call be rescinded. AGREEMENT—S. 1028 just last April. That fact makes more The PRESIDING OFFICER (Mrs. Mr. DOLE. Madam President, I also urgent the reform of Medicare and the HUTCHISON. Without objection, it is so ask unanimous consent that not prior Medicare trust fund so that this trust ordered. to April 15, but no later than May 3, fund will be there after the turn of the f the majority leader, after consultation century for all of those over the age of with the Democratic leader, turn to AGRICULTURAL MARKET 65 who depend on it. It causes to be the consideration of Calendar No. 205, TRANSITION ACT OF 1996 even more modest in the long term the S. 1028, the Health Insurance Reform reforms in Medicare that were included The Senate continued with the con- Act of 1995. in the Balanced Budget Act of 1995, re- sideration of the bill. The PRESIDING OFFICER. Without grettably vetoed by the President, and Mr. DOLE. Madam President, what I objection, it is so ordered. makes more urgent a set of reforms am going to do here is obtain the con- Mr. DOLE. Further, Madam Presi- that will protect Medicare for our sen- sent on the farm bill so that we maybe dent, I ask unanimous consent that it iors in the future and will more equi- can vote on final passage tomorrow at not be in order to offer any amendment tably distribute the burden for paying 4:45. So let me start that consent. or motion relative to health care port- for Medicare among all of our citi- Madam President, I ask unanimous ability or similar to the text contained zens—both those working and those re- consent that Senator CRAIG be recog- in S. 1028 prior to the execution of this tiring. nized to modify amendment No. 3184 agreement. So, all in all, in spite of the Presi- with permanent law provisions, and The PRESIDING OFFICER. Without dent’s refusal to recognize these new once that modification has been made, objection, it is so ordered. S 914 CONGRESSIONAL RECORD — SENATE February 6, 1996 Mr. FAIRCLOTH. Madam President, was an impediment to the ambitious running the White House Travel Office. I did not object to the unanimous-con- money-making schemes of the new Indeed, the FBI helped craft the White sent request. I have no problem with President’s friends. President Clinton House’s press release about the firings. the Senate considering health care re- certainly could have dismissed Mr. Peat Marwick was hired to do an audit form prior to the Memorial Day recess. Dale without cause, but I believe the of the Office, but its own report did not I do have concerns that this bill will Clinton administration may have felt substantiate the allegations asserted raise the cost of health insurance for the need to justify its actions in firing by the White House. Modest financial citizens of my state, particularly for Mr. Dale and the other White House irregularities are not the same as em- individual health care insurance poli- Travel Office employees given the tre- bezzlement. cies. mendous media interest in this dismis- This story would be tragic enough if Additionally, I am skeptical that we sal. The reputations of Mr. Dale and it ended here, but it does not. The De- can reform health care and lower costs his colleagues were discredited and ru- partment of Justice indicted Mr. Dale, in this country until we tackle medical ined in the process. seemingly without concern for their malpractice reform, provide medical I have a great deal of respect for the lack of evidence. This is best dem- savings accounts for individuals, in- First Lady. But, on April 6, 1994, in re- onstrated by the fact that the citizens crease tax exemptions for the self em- sponse to questions about the White sitting on the jury, who heard the evi- ployed, and provide other market ori- House Travel Office situation, Mrs. dence, exonerated Mr. Dale in less than ented reforms that will increase com- Clinton stated that she ‘‘had no role in 2 hours. This inappropriate use of the petition and health carer lower costs. the decision to terminate the employ- Federal criminal justice system cre- This bill has none of these provisions. ees.’’ (Responses of Hillary Rodham ated a situation for Mr. Dale where he I look forward to working with the Clinton to the General Accounting Of- had to expend $500,000 and even consid- majority leader to address these con- fice, Apr. 6, 1994) Moreover, she ‘‘did ered taking a plea when he had com- cern when the Senate considers S. 1028. not direct any action be taken by any- mitted no crime. f one with regard to the Travel Office, After the jury summarily dismissed other than expressing an interest in re- the allegations, someone leaked the ex- MEASURE READ FOR THE FIRST ceiving information * * *’’(Id.) TIME—S. 1561 istence of the plea negotiations to the Unfortunately, these statements do public in an attempt to further dis- Mr. DOLE. Madam President, I un- not coincide with the evidence we have credit Mr. Dale’s reputation. Not only derstand that S. 1561, introduced today come to discover in recent months. In are plea negotiations a necessary part by Senator HATCH, is at the desk. I ask fact, it appears as though the First of our judicial system, they are in- for its first reading. Lady was actively involved in the deci- tended to remain confidential and are The PRESIDING OFFICER. The sion to fire the White House Travel Of- not to be used against a criminal de- clerk will read the bill for the first fice employees. According to notes fendant. time. taken by David Watkins—the former I cannot, in good conscience, sit The legislative clerk read as follows: Assistant to the President for Manage- quietly when I believe an arrogant A bill (S. 1561) for the relief of the individ- ment and Administration who oversaw abuse of power has occurred. The power uals whose employment at the White House the workings of the Travel Office—dur- of the White House was wielded to Travel Office was terminated. ing his conversation with the First make victims of the inculpable. The Mr. DOLE. Madam President, I now Lady on May 14, 1993, 5 days before the targeting of dedicated public servants ask for its second reading and object to Travel Office employees were dis- apparently because they held positions my own request on behalf of Senators missed, Mrs. Clinton articulated that coveted by political profiteers demands on the other side of the aisle. ‘‘Harry [Thomason] says his people can an appropriate response. Although The PRESIDING OFFICER. Objec- run things better, save money, etc. And their muddied personal reputation may tion is heard. The bill will be read on besides we need those people out—we never be fully restored, it is only just the next legislative day. need our people in—we need the slots.’’ that the Congress do what it can to Mr. HATCH. Madam President, today (GAO report, The White House Travel rectify this wrong. Accordingly, I in- I introduced a bill to address a grave Office, at 53–54) troduce this bill to make Mr. Dale and miscarriage of justice—the wrongful Moreover, according to a recently re- the other former White House Travel investigation prosecution of Mr. Billy leased memorandum written by Mr. Office employees whole, at least finan- Dale and the other former White House Watkins, ‘‘[t]he First Family was anx- cially, by providing for their attorneys Travel Office employees. Mr. Dale ious to have that situation [the White fees and expenses. served his country at the pleasure of House Travel Office] immediately re- eight Presidents as the Director of the solved, and the First Lady in particu- f White House Travel Office. During his lar was extremely upset with the de- MESSAGES FROM THE PRESIDENT 32 years of service, Mr. Dale took on layed action in that case.’’ (Draft Messages from the President of the the thankless and often grueling task memorandum from David Watkins, re: United States were communicated to of ensuring that the national and inter- ‘‘Response to Internal White House the Senate by Mr. Thomas, one of his national media were in a position to Travel Office Management Review,’’ secretaries. cover the movements of the President (undated) at 2.) Mr. Watkins also notes and thus report to the American and ‘‘that there would be hell to pay if, EXECUTIVE MESSAGES REFERRED worldwide public. * * * we failed to take swift and deci- As in executive session the Presiding As thanks for his numerous years of sive action in conformity with the Officer laid before the Senate messages dedicated service, Mr. Dale was sum- First Lady’s wishes.’’ (Id. at 1–2.) This from the President of the United marily discharged from his post on memorandum was not released by the States submitting sundry nominations May 19, 1993, and was thereafter in- White House for more than 2 years de- which were referred to the appropriate dicted and prosecuted for embezzle- spite subpoenas from Congress and committees. ment. On December 1, 1995, after 21⁄2 Whitewater Independent Counsel Ken- (The nominations received today are years of being investigated and haunt- neth Starr. printed at the end of the Senate pro- ed on a daily basis, Mr. Dale was tried In May 1993, the Travel Office em- ceedings.) before a jury of his peers and, in less ployees were fired and told to vacate f than 2 hours, found not guilty of all the premises. Needing to justify its ac- charges. tions before the employees were termi- REPORT CONCERNING WAIVER OF The travesty in this situation is that nated, the White House met with and RESTRICTIONS RELATIVE TO Mr. Dale simply got caught in the po- urged the FBI to investigate the White THE CHINASAT PROJECT—MES- litical crossfire of a new administra- House Travel Office using allegations SAGE FROM THE PRESIDENT— tion. He had served eight Presidents, concocted by Catherine Cornelius, PM 114 both Democratic and Republican, but President Clinton’s cousin who des- The PRESIDING OFFICER laid be- found himself in a job that, apparently, perately wanted to replace Mr. Dale in fore the Senate the following message February 6, 1996 CONGRESSIONAL RECORD — SENATE S 915 from the President of the United REPORT OF THE BUDGET OF THE REPORTS OF COMMITTEES States, together with an accompanying UNITED STATES GOVERNMENT The following reports of committees report; which was referred to the Com- FOR FISCAL YEAR 1997—MES- were submitted: mittee on Foreign Relations. SAGE FROM THE PRESIDENT— By Mr. HATCH, from the Committee on PM 117 To the Congress of the United States: the Judiciary, without amendment: Pursuant to the authority vested in The PRESIDING OFFICER laid be- S. 627. A bill to require the general applica- me by section 902(b)(2) of the Foreign fore the Senate the following message tion of the antitrust laws to major league Relations Authorization Act, Fiscal from the President of the United baseball, and for other purposes (Rept. No. 104–231). Years 1990 and 1991 (Public Law 101– States, together with an accompanying 246), and as President of the United report; referred jointly, pursuant to f the order of January 30, 1975, as modi- States, I hereby report to the Congress INTRODUCTION OF BILLS AND fied by the order of April 11, 1986, to the that it is in the national interest of the JOINT RESOLUTIONS United States to waive the restrictions Committee on Appropriations and to contained in that Act on the export to the Committee on the Budget. The following bills and joint resolu- tions were introduced, read the first the People’s Republic of China of U.S.- To the Congress of the United States: origin satellites insofar as such restric- and second time by unanimous con- In accordance with 31 U.S.C. § 1105(a), sent, and referred as indicated: tions pertain to the CHINASAT I am transmitting my 1997 budget to By Mr. MCCAIN: project. Congress. WILLIAM J. CLINTON. S. 1558. A bill to provide for reimbursement This budget provides a thematic of States, political subdivisions, and persons THE WHITE HOUSE, February 6, 1996. overview of my priorities as we con- that donated services, material, funds, or f tinue to discuss how to balance the other things to allow the continued oper- ation, during a period of time when appro- REPORT CONCERNING WAIVER OF budget over the next seven years. It also includes the Administration’s new priations were not available for the purpose, RESTRICTIONS RELATIVE TO of all or any part of a public educational or THE MABUHAY PROJECT—MES- economic assumptions. Because of the uncertainty over 1996 recreational facility, and for other purposes; SAGE FROM THE PRESIDENT— to the Committee on Energy and Natural Re- appropriations as well as possible PM 115 sources. changes in mandatory programs and By Mr. GRASSLEY (for himself and The PRESIDING OFFICER laid be- tax policy, the Office of Management Mr. HEFLIN): fore the Senate the following message and Budget was not able to provide, by S. 1559. A bill to make technical correc- from the President of the United today, all of the material normally tions to title 11, United States Code, and for States, together with an accompanying contained in the President’s budget other purposes; to the Committee on the Ju- report, which was referred to the Com- submission. I anticipate transmitting diciary. mittee on Foreign Relations. that material to Congress the week of By Mr. GRASSLEY (for himself, Mr. D’AMATO, and Mrs. FEINSTEIN): To the Congress of the United States: March 18, 1996. S. 1560. A bill to require Colombia to meet Pursuant to the authority vested in WILLIAM J. CLINTON. anti-narcotics performance standards for me by section 902(b)(2) of the Foreign THE WHITE HOUSE, February 5, 1996. continued assistance and to require a report Relations Authorization Act, Fiscal f on the counter-narcotics efforts of Colombia; to the Committee on Foreign Relations. Years 1990 and 1991 (Public Law 101– MESSAGES FROM THE HOUSE 246), and as President of the United By Mr. HATCH: RECEIVED DURING RECESS S. 1561. A bill for the relief of the individ- States, I hereby report to the Congress Under the authority of the order of uals whose employment at the White House that it is in the national interest of the Travel Office was terminated; read the first United States to waive the restrictions the Senate of January 4, 1995, during time. contained in that Act on the export to the recess of the Senate, on February 2, By Mr. HELMS: the People’s Republic of China of U.S.- 1996, during the recess of the Senate, S. 1562. A bill to require the President to origin satellites insofar as such restric- received a message from the House of give notice of the intention of the United tions pertain to the MABUHAY Representatives announcing that the States to withdraw from the Anti-Ballistic project. Speaker has signed the following en- Missile Treaty, and for other purposes; to the Committee on Foreign Relations. WILLIAM J. CLINTON. rolled bills: THE WHITE HOUSE, February 6, 1996. H.R. 2657. An act to award a congressional f f gold medal to Ruth and Billy Graham. H.R. 2924. An act to guarantee the timely SUBMISSION OF CONCURRENT AND REPORT CONCERNING WAIVER OF payment of Social Security benefits in SENATE RESOLUTIONS RESTRICTIONS RELATIVE TO March 1996. The following concurrent resolutions THE COSAT PROJECT—MESSAGE S. 652. An act to promote competition and and Senate resolutions were read, and reduce regulation in order to secure lower FROM THE PRESIDENT—PM 116 prices and higher quality services for Amer- referred (or acted upon), as indicated: The PRESIDING OFFICER laid be- ican telecommunications consumers and en- By Mr. D’AMATO (for himself and Mr. fore the Senate the following message courage the rapid deployment of new tele- MOYNIHAN): from the President of the United communications technologies. S. Res. 224. A resolution to designate Sep- Under the authority of the order of tember 23, 1996, as ‘‘National Baseball Herit- States, together with an accompanying age Day’’; to the Committee on the Judici- report, which was referred to the Com- the Senate of January 4, 1995, the en- ary. mittee on Foreign Relations. rolled bills were signed on February 2, 1996, during the recess of the Senate by f To the Congress of the United States: President pro tempore [Mr. THUR- Pursuant to the authority vested in STATEMENTS ON INTRODUCED MOND.] me by section 902(b)(2) of the Foreign BILLS AND JOINT RESOLUTIONS f Relations Authorization Act, Fiscal By Mr. MCCAIN: Years 1990 and 1991 (Public Law 101– ENROLLED BILL PRESENTED S. 1558. A bill to provide for reim- bursement of States, political subdivi- 246), and as President of the United The Secretary of the Senate reported sions, and persons that donated serv- States, I hereby report to the Congress that on February 2, 1996 he had pre- ices, material, funds, or other things to that it is in the national interest of the sented to the President of the United allow the continued operation, during a United States to waive the restrictions States, the following enrolled bill: contained in that Act on the export to period of time when appropriations the People’s Republic of China of U.S.- S. 652. An act to promote competition and were not available for the purpose, of reduce regulation in order to secure lower origin satellites insofar as such restric- prices and higher quality services for Amer- all or any part of a public educational tions pertain to the COSAT project. ican telecommunications consumers and en- or recreational facility, and for other WILLIAM J. CLINTON. courage the rapid deployment of new tele- purposes; to the Committee on Energy THE WHITE HOUSE, February 6, 1996. communications technologies. and Natural Resources. S 916 CONGRESSIONAL RECORD — SENATE February 6, 1996 GOVERNMENT SHUTDOWN LEGISLATION speed up the bankruptcy process in cer- lose their stolen fortunes built on sell- ∑ Mr. MCCAIN. Mr. President, this bill tain unique business situations. The ing poison in this country. That they would require Federal agencies to re- 1994 bankruptcy bill passed the Senate would give up information leading to imburse States, localities, and individ- overwhelmingly without a cap for the efforts to dismantle their drug empires. uals who donated funds and services to value of single asset cases, and the bill And that adequate steps would be maintain operations at Federal rec- I am introducing today does no more taken to deal with the corruption of reational and tourist facilities during than restore that provision. Colombia’s political system. A corrup- the recent Government shutdowns. Again, I wish to thank Senator HEF- tion that gave these kingpins freedom Without these generous donations, at- LIN for expert assistance and help with to violate Colombian, United States, tractions such as Grand Canyon Na- this bill, and I urge the swift passage of and international law with impunity. tional Park, Mount Rushmore, Carls- the bill.∑ I was assured that all these things bad Caverns, the National Gallery of were being done. But in the last several Art, Liberty Bell, and Independence By Mr. GRASSLEY (for himself weeks, what do we see? Just a few Hall could not have continued oper- and Mr. D’AMATO, and Mrs. weeks ago, one of the major Cali drug ations during the lengthy Government FEINSTEIN): lords simply walked out of prison. It closures last year. Thanks to the gen- S. 1560. A bill to require Colombia to was hours before anyone even knew he erosity of private citizens, States, and meet antinarcotics performance stand- was gone and steps were taken to find local governments we were able to en- ards for continued assistance and to re- him. It is clear that his escape was ar- sure that innocent people were not quire a report on the counternarcotics ranged by his prison guards in his em- turned away at the gates and that fur- efforts of Colombia; to the Committee ployment. It is also clear that he was ther economic loss was avoided. on Foreign Relations. never under adequate supervision. He Grand Canyon visitors and local busi- CERTIFICATION OF COLOMBIA LEGISLATION remains at large trying to negotiate nesses particularly benefited from Mr. GRASSLEY. Mr. President, in re- even better terms for his return to cus- State and private donations during the cent weeks we have seen a variety of tody. If this is true for Santacruz most recent Government shutdown. As events in Colombia that raise serious Londono, it is also true of the other you know, Grand Canyon National doubts about the extent to which the drug kingpins. If they can carry on Park officially closed for the first time Government of Colombia is taking the these types of activities in jail under in its 76-year history on November 16, steps necessary to ensure full coopera- the very eyes—and often with the co- 1995, during the first Government shut- tion with the United States on the operation of their jailers—then what down last year. issue of drugs. We are now approaching does this say about guarantees that The economic impact of the park’s the annual period for certification. they are not continuing to direct their closure has been estimated at a loss of Under U.S. law, the President is re- business empire while in custody? about $1 million per day in tourism quired to certify annually whether I must say I have been very dis- revenue to the park and surrounding major drug trafficking and producing appointed by these developments. But areas. By entering into an agreement countries are cooperating fully with these are not all. In the last several with the Department of the Interior, the United States to end drug produc- days we have seen a former cabinet the State of Arizona and private indi- tion, trafficking, and related drug ac- minister and close friend accuse the viduals donated almost $400,000 to pre- tivities. President of Colombia of knowingly vent another park closure during the Last year, we saw the Government of collaborating with drug lords. These most recent Government shutdown Colombia—facing the possibility of accusations come on top of similar re- which began on December 15, 1995, and congressional sanctions—take more ports from the former financial man- lasted for more than 3 weeks. vigorous action to arrest several key ager of the President’s election cam- It is only right that we reimburse figures in the Cali cocaine empire. paign and from some of the Cartel lead- those who so generously donated their Until that point the Government of Co- ers themselves. Tape recorded con- funds and services in order to shoulder lombia had done little to arrest or versations indicating connections be- the Federal Government’s responsibil- prosecute these individuals. This was tween senior government officials and ity. I trust that my colleagues agree true even though their whereabouts drug lords are now part of the public and that we can pass this bill expedi- was commonly known and they were record. These come in an environment tiously.∑ frequently strutting around the streets in which our own sources indicate that of Colombia’s major cities. I, among there is extensive corruption of Colom- By Mr. GRASSLEY (for himself others of my colleagues, was encour- bia’s legislative process stemming from and Mr. HEFLIN): aged by the steps taken to finally put these same drug lords. Just recently, S. 1559. A bill to make technical cor- these thugs behind bars. The coura- the Colombian Congress only narrowly rections to title 11, United States Code, geous actions of Colombia’s prosecutor defeated a provision that would have and for other purposes; to the Commit- general and the leading counterdrug given virtual amnesty to the drug lords tee on the Judiciary. police official—both brave and incor- and a guarantee that they could keep THE BANKRUPTCY TECHNICAL CORRECTIONS ACT ruptible individuals under daily threats their illegal fortunes. In addition, mas- OF 1996 of death—were welcome signs that de- sive shipments of cocaine in cargo jets ∑ Mr. GRASSLEY. Mr. President, I rise spite massive corruption, Colombia was and in commercial traffic continue to today to introduce the Bankruptcy prepared to take effective action. flood northward, while money launder- Technical Corrections Act of 1996. This But I did not believe then nor do I be- ing and financial manipulation are bill will correct technical errors in the lieve now that these arrests are commonplace. bankruptcy code resulting from the enough. I indicated to the Government All of these various developments 1994 Bankruptcy Reform Act of 1994 as of Colombia on several occasions when come at a time when the President of well as pre-existing technical errors. I senior officials visited me, that it was the United States, as he is required to am introducing the bill with support of follow through that meant everything. do by law, is considering whether or Senator HEFLIN, my good friend from I have written the Colombian ambas- not to certify Colombia as fully cooper- Alabama and the ranking minority on sador and have indicated verbally to ating with the United States in sup- the Courts subcommittee. various cabinet members on state vis- pressing the drug trade. I am seriously Mr. President, with one exception, its to the United States my concern concerned that the present state of de- this bill makes purely technical that arrests were only a beginning. velopments in Colombia raises the changes in the Code. It is my hope that I also asked these various individuals most serious doubts about that certifi- the bill will pass this body quickly and for assurances that the major drug cation. The fate of Colombia’s presi- by unanimous consent. lords were under proper control. That dent, whether he resigns or not under a The sole substantive change con- they were not able to continue to di- cloud, is a purely Colombian matter. I tained in this bill relates to the special rect their drug empires while living at leave that issue in the hands of the procedures set up for single asset real state expense. That they would face se- good citizens of Colombia. But the estate ventures. These procedures rious punishment. That they would issue of certification is purely an February 6, 1996 CONGRESSIONAL RECORD — SENATE S 917 American matter. It is a policy concern at all levels. Since illegal drugs found the loss of financial assistance pro- for the President and for this body. on our streets are most often produced vided by the United States. Given the history I have just related, in other countries, foreign nations In light of recent developments in I must voice my serious concerns about must also take action to prevent the Colombia, I am pleased that my col- whether Colombia meets even minimal production, transportation and dis- league is offering this bill and am standards for fully cooperating with tribution of illegal drugs. So far, there proud to co-sponsor this important the United States as is defined in the has been very little action to make for- measure.∑ law. Moreover, as evidence accumu- eign countries accountable for the lates about the degree of official cor- drugs trafficked in the United States. By Mr. HELMS: ruption in Colombia at the highest lev- This bill, which focuses on Colombia, S. 1562. A bill to require the Presi- els, we must also consider a further re- will do just that. dent to give notice of the intention of quirement of the law that enjoins the According to the Drug Enforcement the United States to withdraw from President to suspend United States as- Administration, cocaine production, the Anti-Ballistic-Missile Treaty, and sistance. That is section 487 of the For- transportation and distribution has for other purposes; to the Committee eign Assistance Act. This provision re- been managed primarily by the Colom- on Foreign Relations. quires the United States to suspend as- bian drug cartel, making cocaine avail- THE STRATEGIC ANTI-MISSILE REVITALIZATION sistance to institutions or governments able everywhere in the United States. AND SECURITY ACT OF 1996 when there is sufficient reason to be- The Cali cartel controls about 80 per- Mr. HELMS. Mr. President, there has lieve that the assistance is going to cent of the world’s cocaine trafficking. never been a greater champion of bal- known or suspected drug traffickers or The Colombian Government has not listic missile defense than that great their confederates. done enough to put an end to the drug American, Ronald Wilson Reagan, and Mr. President, given current develop- problem. Last year, United States offi- today happens to be President Rea- ments in Colombia. Given growing cials expressed disappointment with gan’s 85th birthday. I decided this doubts about the integrity of the pris- the cooperation level of the Colombian morning to introduce the Strategic on system. Given doubts about the in- Government in the counternarcotics ef- Anti-missile Revitalization and Secu- tegrity of the very political authorities fort. However, the administration rity Act of 1996—for short we call it the who must receive and administer Unit- sought to waive the certification for ‘‘STARS Act’’—legislation proposing ed States assistance and who are Colombia and permit United States aid to begin the timely and complete with- charged with enforcing Colombia’s to continue for development in Colom- drawal from the ABM Treaty, and to counterdrug policies. I believe it is bia. In an effort to justify the financial clear the way for implementing Presi- time to reexamine our certification of assistance, this bill would require the dent Reagan’s vision of a national stra- Colombia. President to certify to Congress that tegic missile defense system to protect Last year, even though there were se- Colombia has begun to take the appro- the American people from ballistic rious doubts about Colombia’s coopera- priate measures to limit the power of missile attack. tion, the President of the United the drug traffickers and squash the Today’s greatest emerging threat to States gave Colombia a national inter- flow of illegal drugs. Such methods in- America’s national security lies in the est waiver. With the arrest of major clude: the eradication of drug crops, proliferation of weapons of mass de- cartel figures, it seemed as if we and interdiction of drug shipments, and the struction. We all know that. According Colombia were making progress in re- strengthening of the Colombian law en- to the CIA, at this moment more than storing confidence in Colombia’s seri- forcement and judicial authorities. 30 countries possess ballistic missiles, ousness in dealing effectively with the It is only fair that American tax- and more than 25 others either have, or drug cartels. Recent events, however, payers, who pay for the foreign aid to are in the process of acquiring, nuclear, put all of that progress in doubt. They Colombia, receive some assurance that chemical, or biological weapons. raise serious questions as to whether the Colombian Government will at- Many of these nations—for example, any of the arrests, as welcome as they tempt to reduce the production and Iran, Iraq, Libya, Syria, and North are, have any real meaning. In a cli- distribution of drugs. With the recent Korea—are clearly hostile to the Unit- mate of high-level corruption, in an en- disclosure of the ties between the Cali ed States. It is indeed probable that in vironment in which the cartel leaders cartel and officials of the Colombia the not-too-distant future a hostile ty- can come and go as they please, I must Government, the timing of this bill rant will possess ballistic missiles ca- admit to a degree of disappointment could not be any better. pable of reaching major population after the assurances that I received to Various insiders of the Cali mafia centers in the United States. the contrary. have recounted the influence exerted Obviously, Mr. President, with such In this regard, I am introducing a bill by the Cali mafia on high level Colom- an ominous threat emerging, one would to limit United States assistance to bian officials, all the way to the Presi- assume that the United States would Colombia and to require a thorough re- dent of Colombia. A former campaign be actively developing defensive tech- view of our relationship. This bill manager for President Ernesto Samper nology to protect the American people would require the President of the Pizano is currently jailed for soliciting against this danger; and one would as- United States to review full decerti- contributions from drug traffickers in sume that the Clinton administration fication of Colombia and to consider order to finance the Colombian presi- surely is working, in cooperation with what economic steps might be taken to dential campaign. Fernando Botero a bipartisan majority in Congress, to force Columbia to take the steps that Zea, who also served as Colombia’s make certain that the United States is have so often promised but that have former defense minister, claims that never, never exposed to the danger of a fallen short so many times. This is not Colombian President Samper knew hostile nuclear attack by a terrorist a welcome step, but the drugs flowing about the money from the drug traf- regime. to this country because of the activi- fickers. It is suggested that his presi- Well, such assumptions are wrong. ties of the Colombia drug lords must be dential campaign accepted $5.9 million The Clinton administration in fact has stopped. We and the Colombians must from the Cali cartel. aggressively blocked every effort by recognize that promises and half meas- Colombia should be accountable for Congress to implement a national mis- ures are not sufficient. its failure to actively participate in sile defense system to protect the ∑ Mr. D’AMATO. Mr. President, I the counternarcotics effort. This bill American people from this very real would like to commend my colleague places pressure on the Colombian Gov- threat. from Iowa for introducing this bill that ernment government to take steps to Why? Because, the administration ar- will help to curb the international flow control the drug problem in Colombia. gues weakly, developing such defenses of drugs, particularly into the United Any steps taken will have a direct ef- would violate an antiquated arms con- States. fect on the flow of narcotics into the trol agreement—a relic of the cold war Narcotics have become a scourge in United States. But a failure to partici- known as the ABM Treaty. our country and it is about time that pate in the international Mr. President, the ABM Treaty is not we start to take action to eradicate it counternarcotics effort should result in only out-of-date and unnecessary—it S 918 CONGRESSIONAL RECORD — SENATE February 6, 1996 has become a threat to America’s na- of missiles with ranges in excess of 3000 of mass destruction and ballistic mis- tional security. Like latter-day kilometers. sile technology is rampant, the threat Luddites, the opponents of ballistic Second, I am astonished that this ad- of ballistic missile attack on the Unit- missile defense are now using the ABM ministration has somehow managed to ed States is a present and growing dan- Treaty as a tool to obstruct any and all write two of the 50 States of the Union ger, and nothing is being done to pro- progress toward the deployment of mis- completely out of the Union. I cannot tect the American people from it. The sile defense technology. understand why this administration administration has an almost mes- During debate over the defense au- draws a distinction in the 1996 NIE be- sianic devotion to the ABM Treaty thorization bill, for example, the oppo- tween threats to the United States and which I find bizarre. There is, you see, nents of ballistic missile defense stood threats to the continental United far more concern about protecting a on the Senate floor and used the ABM States. The last time I checked, nearly treaty not worth the paper it is written Treaty in a last-ditch effort to prevent 2 million U.S. citizens live in Alaska on, than with protecting American Congress from passing legislation to and Hawaii. Are these people less de- citizens against horrible nuclear at- deploy a national system to protect serving of protection than people living tacks. U.S. citizens against weapons of mass in Arkansas, or Michigan for that mat- So, Mr. President, the STARS Act, destruction. When they lost, President ter? I think not. which I am introducing today, will re- Clinton then used the ABM Treaty as Third, it boggles the mind that this move the ABM Treaty as an obstacle, an excuse to veto the defense author- administration can make decisions and instead pave the way for the de- ization bill, thus preventing approval about the ballistic missile threat to ployment of defenses when necessary of funding for national missile defense. this country, while explicitly ignoring to protect American citizens against Mr. President, this treaty has be- the arsenals of declared nuclear pow- weapons of terror. And the sooner, the come nothing more than an excuse for ers. Communist China not only fields better. We cannot afford to wait until inaction. But the time for excuses is two dozen submarine launched ballistic the administration wakes up and opens over. The United States needs a na- missiles, several hundred heavy bomber its eyes. By then, it may be too late. It tional missile defense. And if the ABM warheads, and roughly 24 long- and me- takes years to move from the enact- Treaty is preventing us from building dium-range ballistic missiles, but has ment of legislation in Congress to the and deploying essential defenses to pro- several modernization initiatives un- deployment of a defensive system. tect the American people from even derway. China is developing for deploy- If Congress passes legislation funding the most limited ballistic missile at- ment by the end of the millennium four such a system this year, it may take as tack, then the time has come for the intermediate-range and long-range bal- long as eight years before the system is United States to withdraw from the listic missile systems, and we have un- operational. ABM Treaty. ambiguous evidence that China is pur- It may, in fact take longer. Think Mr. President, my legislation will do suing MIRV-technology. back. Did any Senator predict 8 years just that. The STARS Act does three Nor can we afford to dismiss Russia’s ago the advanced stages of North Ko- things: massive nuclear capabilities. Russia rea’s nuclear program? Did anyone First, it directs the President to no- still has 12,000 nuclear warheads in its here know, before the fact, how close tify Russia of United States intent to arsenal, as it slips and slides back Iraq was to obtaining a nuclear weapon withdraw from the ABM Treaty 1 down the slippery-slope of political re- just prior to the start of the Gulf War? month after enactment of the act, as form. When President Clinton declared Is any Senator prepared to stake the legally permitted by the ABM Treaty. in his State of the Union address that security of the American people on Second, it prohibits the use of Fed- today, for the first time no Russian nu- blind faith? Thee are questions that we eral funds to enforce the ABM Treaty clear missiles are pointed at the United must confront. beginning 7 months after the bill’s en- States, he just happened to omit the I am not. We must begin consider- actment. fact that it requires only about 8 min- ation of the STARS Act. Removing the Finaly, it requires the President to utes of reprogramming to turn those ABM Treaty is critical to any strategy certify to Congress that the United Russian missiles right back at us. for protecting U.S. citizens against States has abrogated the ABM Treaty We must not ignore in such cavalier chemical, biological, and nuclear weap- on the date of U.S. withdrawal. fashion the trends to reinstate and re- ons mounted on ballistic missiles. In Mr. President, through its blind alle- store communism in Russia. It is grow- the coming months, I anticipate the in- giance to this obsolete treaty, the Clin- ing increasingly possible that Russia’s troduction, under the auspices of the ton administration appears to be ready massive nuclear arsenal could fall into distinguished majority leader, of a to leave the American people strategi- the hands of authoritarian leaders with comprehensive bill identifying the crit- cally naked as hostile nations rush for- uncertain intentions before the end of ical aspects of a ballistic missile de- ward to their relentless pursuit of nu- this century. We of course hope this fense. In support of this effort, and in clear, chemical, and biological weap- will not happen, but we must prepare connection with the STARS Act, the ons. Indeed, in their zeal to stop Con- for the possibility. Senate Foreign Relations Committee, gress from deploying national missile Even those who unwisely discount will of which I am chairman, will hold defenses, this administration seems the possibility of direct conflict with hearings as soon as practicable to un- willing to say or do anything to argue potentially hostile regimes in Moscow dertake a comprehensive review of the that the ballistic missile threat does and Beijing, must not discount the pos- ABM Treaty. Providing for the defense not exist. sibility of an accidental launch, nor of America against these weapons must I must say I was stunned when I the cooperation and collaboration be- be among our highest priorities during noted the politicization of the most re- tween countries engaged in the devel- this session of Congress. cent National Intelligence Estimate opment of ballistic missiles. We know, Mr. President, Ronald Reagan said it [NIE] to support the administration’s for example, that China has sold exten- best back in 1993, in one of his last pub- position in this regard. The 1996 Na- sive missile technology to Iran, Syria, lic speeches—he had learned of the tional Intelligence Estimate declared and North Korea; we know that Iran is Clinton administration’s decision to that no country other than the ‘‘de- working with North Korea and Syria gut the Strategic Defense Initiative: ‘‘I clared nuclear powers’’ would threaten on various missiles. We know that 14 may not be a Rhodes Scholar’’ he told the ‘‘continental United States’’ with a countries around the globe have the ca- the graduating cadets at The Citadel, ballistic missile for 15 years. Note care- pability to field some type of Soviet- ‘‘but I do know one thing: if we can fully that they said the ‘‘continental made missile, and we know that Russia protect America with a defensive United States’’. First, this is simply recently was detected shipping ballis- shield from incoming missiles, we not so. The 1995 estimate concluded, for tic missile parts to Iraq. should by all means do so. . . . (And) if example, that North Korea may be able These are all real threats that the the new Administration thinks we are to threaten the United States in 5 administration would ignore at the no longer at risk, they need to open years because it is an indisputable fact peril of the American people, because their eyes and take a good hard look at that North Korea is developing a series the fact is, the proliferation of weapons the world.’’ February 6, 1996 CONGRESSIONAL RECORD — SENATE S 919

Amen, Mr. President, and, again to [Mr. WARNER] was added as a cosponsor from Connecticut [Mr. DODD], the Sen- you, sir, out there in California, happy of S. 295, a bill to permit labor manage- ator from Florida [Mr. GRAHAM], the birthday. It was a joy to hear your ment cooperative efforts that improve Senator from Hawaii [Mr. INOUYE], the voice today on the telephone. God bless America’s economic competitiveness to Senator from Maryland [Mr. SAR- you—and as you always used to say— continue to thrive, and for other pur- BANES], the Senator from Illinois [Mr. God bless America. poses. SIMON], and the Senator from Califor- Mr. President. I ask unanimous con- S. 673 nia [Mrs. FEINSTEIN] were added as co- sent that the text of the bill be printed At the request of Mrs. KASSEBAUM, sponsors of Senate Resolution 217, A in the RECORD. the name of the Senator from Rhode Is- resolution to designate the first Friday There being no objection, the bill was land [Mr. CHAFEE] was added as a co- in May 1996, as ‘‘American Foreign ordered to be printed in the RECORD, as sponsor of S. 673, a bill to establish a Service Day’’ in recognition of the men follows: youth development grant program, and and women who have served or are S. 1562 for other purposes. presently serving in the American For- Be it enacted by the Senate and House of Rep- S. 930 resentatives of the United States of America in eign Service, and to honor those in the At the request of Mr. SHELBY, the American Foreign Service who have Congress assembled, name of the Senator from Alaska [Mr. given their lives in the line of duty. SECTION 1. SHORT TITLE. MURKOWSKI] was added as a cosponsor This Act may be cited as the ‘‘Strategic of S. 930, a bill to require States receiv- SENATE RESOLUTION 219 Anti-Missile Revitalization and Security Act of 1996’’. ing prison construction grants to im- At the request of Mr. SPECTER, the SEC. 2. FINDINGS. plement requirements for inmates to names of the Senator from West Vir- Congress makes the following findings: perform work and engage in edu- ginia [Mr. ROCKEFELLER], the Senator (1) The Constitution vests in the Govern- cational activities, and for other pur- from West Virginia [Mr. BYRD], the ment of the United States responsibility to poses. Senator from Connecticut [Mr. provide for the common defense and promote S. 1028 LIEBERMAN], the Senator from New the general welfare of the American people. At the request of Mrs. KASSEBAUM, (2) Due to limitations imposed by the Anti- Mexico [Mr. DOMENICI], the Senator the name of the Senator from Califor- Ballistic Missile Treaty, the United States is from Wyoming [Mr. SIMPSON], the Sen- nia [Mrs. BOXER] was added as a co- prohibited from deploying a national missile ator from New Hampshire [Mr. GREGG], defense capable of defending America against sponsor of S. 1028, a bill to provide in- the Senator from Vermont [Mr. JEF- even the most limited of ballistic missile at- creased access to health care benefits, tack. to provide increased portability of FORDS], the Senator from Tennessee (3) The concept of mutual assured destruc- health care benefits, to provide in- [Mr. THOMPSON], the Senator from tion which underlies the Anti-Ballistic Mis- creased security of health care bene- Georgia [Mr. COVERDELL], the Senator sile Treaty is technologically and from Florida [Mr. GRAHAM], the Sen- geostrategically outdated and cannot serve fits, to increase the purchasing power ator from Virginia [Mr. ROBB], the Sen- as a basis for stability in a multipolar world of individuals and small employers, characterized by rampant proliferation of and for other purposes. ator from Wisconsin [Mr. KOHL], the weapons of mass destruction and ballistic S. 1166 Senator from Hawaii [Mr. INOUYE], the missile technology. At the request of Mr. LUGAR, the Senator from Rhode Island [Mr. (4) The possibility of ballistic missile at- name of the Senator from Oklahoma CHAFEE], the Senator from North Caro- tack upon the United States by a rogue [Mr. INHOFE] was added as a cosponsor lina [Mr. HELMS], the Senator from country constitutes a clear, present, and Texas [Mrs. HUTCHISON], the Senator growing threat to the supreme interests of of S. 1166, a bill to amend the Federal the United States. Insecticide, Fungicide, and Rodenticide from New York [Mr. D’AMATO], the SEC. 3. REQUIREMENT TO GIVE NOTICE OF WITH- Act, to improve the registration of pes- Senator from Utah [Mr. HATCH], and DRAWAL. ticides, to provide minor use crop pro- the Senator from Georgia [Mr. NUNN] No later than 30 days after the date of the tection, to improve pesticide toler- were added as cosponsors of Senate enactment of this Act, the President shall ances to safeguard infants and chil- Resolution 219, A resolution designat- give notice to the Russian Federation of the dren, and for other purposes. ing March 25, 1996 as ‘‘Greek Independ- intention of the United States to withdraw S. 1219 from the Anti-Ballistic Missile Treaty, as ence Day: A National Day of Celebra- permitted under Article XV of that Treaty. At the request of Mr. FEINGOLD, the tion of Greek and American Democ- SEC. 4. PROHIBITIONS. name of the Senator from Oregon [Mr. racy.’’ Beginning 210 days after the date of the en- WYDEN] was added as a cosponsor of S. AMENDMENT NO. 3184 actment of this Act, appropriated funds shall 1219, a bill to reform the financing of not be obligated or expended for the purposes Federal elections, and for other pur- At the request of Mr. LEAHY the of proscribing, enforcing, or implementing poses. names of the Senator from Maine [Ms. any provision of the Anti-Ballistic Missile S. 1400 SNOWE], and the Senator from Texas Treaty. At the request of Mrs. KASSEBAUM, [Mr. GRAMM] were added as cosponsors SEC. 5. ACTIONS OF THE PRESIDENT. On the date that is 180 days after the date the names of the Senator from Con- of amendment No. 3184 proposed to S. of the notification of the President to the necticut [Mr. LIEBERMAN], and the Sen- 1541, a bill to extend, reform, and im- Russian Federation under section 3, the ator from Iowa [Mr. HARKIN] were prove agricultural commodity, trade, President shall certify to Congress that the added as cosponsors of S. 1400, a bill to conservation, and other programs, and Anti-Ballistic Missile Treaty is no longer in- require the Secretary of Labor to issue for other purposes. terpreted to apply to the development, de- guidance as to the application of the ployment, or operation of any missile de- Employee Retirement Income Security AMENDMENT NO. 3202 fense system or air defense system of the Act of 1974 to insurance company gen- At the request of Mr. GREGG the United States, including any component of such a system or upgrade of such a system or eral accounts. names of the Senator from Rhode Is- component. S. 1487 land [Mr. CHAFEE], and the Senator SEC. 6. DEFINITION. At the request of Mr. ROBB, his name from Massachusetts [Mr. KERRY] were As used in this Act, the term ‘‘Anti-Ballis- was added as a cosponsor of S. 1487, a added as cosponsors of amendment No. tic Missile Treaty’’ means the Treaty Be- bill to establish a demonstration 3202 intended to be proposed to S. 1541, tween the United States of America and the project to provide that the Department a bill to extend, reform, and improve Union of Soviet Socialist Republics on the of Defense may receive medicare reim- agricultural commodity, trade, con- Limitation of Anti-Ballistic Missile Sys- bursement for health care services pro- tems, signed at Moscow on May 26, 1972, with servation, and other programs, and for related protocol, signed at Moscow on July 3, vided to certain medicare-eligible cov- other purposes. ered military beneficiaries. 1974. AMENDMENT NO. 3289 f SENATE RESOLUTION 217 At the request of Mrs. KASSEBAUM, At the request of Mr. GREGG the ADDITIONAL COSPONSORS the names of the Senator from Virginia names of the Senator from Rhode Is- S. 295 [Mr. WARNER], the Senator from Dela- land [Mr. CHAFEE], and the Senator At the request of Mrs. KASSEBAUM, ware [Mr. BIDEN], the Senator from from Massachusetts [Mr. KERRY] were the name of the Senator from Virginia New Jersey [Mr. BRADLEY], the Senator added as cosponsors of amendment No. S 920 CONGRESSIONAL RECORD — SENATE February 6, 1996 3289 intended to be proposed to S. 1541, ∑ Mr. D’AMATO. Mr. President, when congressional recognition of this dis- a bill to extend, reform, and improve asked to describe an image of baseball, tinction. It is my hope that with the agricultural commodity, trade, con- the near unanimous and immediate Senate’s passage of this resolution, we servation, and other programs, and for picture painted would be of a warm may once and for all dispel all contrary other purposes. summer night sitting in the bleachers claims to baseball’s heritage. We en- f with your kids, enjoying a hot dog or courage all true fans of baseball in the some peanuts, and rooting for the Senate to join in cosponsoring this res- SENATE RESOLUTION 224—TO DES- home team. Similarly when asked olution.∑ IGNATE SEPTEMBER 23, 1996, AS about the origins of baseball, fans from f ‘‘NATIONAL BASEBALL HERIT- the youngest to the oldest will tell you AMENDMENTS SUBMITTED AGE DAY’’ that baseball originates in New York. Mr. D’AMATO (for himself and Mr. It is that heritage that I wish to me- MOYNIHAN) submitted the following morialize in legislation that I am sub- THE AGRICULTURAL MARKET resolution; which was referred to the mitting today. I am proud to submit TRANSITION ACT OF 1996 Committee on the Judiciary: the resolution with my friend and col- S. RES. 224 league, New York’s senior Senator, Whereas it is universally accepted that the DANIEL PATRICK MOYNIHAN. GRAMS AMENDMENT NO. 3316 idea of baseball was created by Abner On a lazy afternoon in 1839, a young (Ordered to lie on the table.) Doubleday in 1839 in Cooperstown, NY when man from Cooperstown, Abner Double- Mr. GRAMS submitted an amend- Doubleday attempted to chase cows out of day, chased the cows out of Elihu Elihu Phinney’s cow pasture; ment intended to be proposed by him Phinney’s pasture and was struck with to amendment No. 3184 proposed by Mr. Whereas, New Yorkers in Manhattan in the inspiration to invent a game that LEAHY to the bill (S. 1541) to extend, re- 1842 witnessed the birth of modern day base- we now know as baseball. In true rec- ball when ‘a number of gentlemen . . . cas- form, and improve agricultural com- ually assembled on a plot of ground in Twen- ognition of Cooperstown’s place in his- modity, trade, conservation, and other ty-seventh street . . . to play ball’’ according tory, the National Baseball Hall of programs, and for other purposes; as to Charles A. Peverelly in ‘‘The Book of Fame is located there. follows: American Pastimes;’’ Today, Cooperstown is the mecca for Whereas, these men, led by Alexander Joy all baseball fans where, in the Hall of S. 1541 Cartwright, Jr. created the set of rules to Fame, they can see the unfolding of Beginning on page 1–73, strike line 12 and transform a childhood game into the game of baseball from its early beginnings to all that follows through page 1–75, line 7, and baseball and to provide a model for future its great modern era. Within the Na- insert the following: early clubs; SEC. 108. MILK PROGRAM. Whereas, these men played the game be- tional Baseball Hall of Fame outstand- ing players such as Babe Ruth, Lou (a) TERMINATION OF MILK MARKETING OR- cause of sheer enjoyment and casually called DERS.—Section 8c of the Agricultural Adjust- themselves the ‘‘New York Baseball Club’’; Gherig, Cy Young, Ty Cobb, Joe ment Act (7 U.S.C. 608c), reenacted with Whereas, Harold Peterson, in ‘‘The Man DiMaggio, and Jackie Robinson are im- amendments by the Agricultural Marketing Who Invented Baseball,’’ notes that on the mortalized. In addition to plaques cele- Agreement Act of 1937, is amended by strik- historic day of September 23, 1845, these brating the achievements of baseball’s ing subsection (5) and (18). men, now numbering more than forty, for- greats, Cooperstown has the largest (b) PROHIBITION OF SUBSEQUENT ORDERS RE- mally organized themselves into the first collection of game-winning baseballs, GARDING MILK.—Section 8c(2) of the Agricul- ever organized baseball club known as the tural Adjustment Act (7 U.S.C. 608c(2)), reen- ‘‘Knickerbocker Baseball Club’’; record-breaking bats, and parapherna- lia chronicling achievements and ac- acted with amendments by the Agricultural Whereas, the Knickerbockers dedicated Marketing Agreement Act of 1937, is amend- their efforts to the creation of regular games tivities of all kinds in relation to the ed— on the Twenty-seventh street field so they game of baseball and baseball’s impact (1) in paragraph (A), by striking ‘‘Milk, could play their new game. on American society. fruits’’ and inserting ‘‘Fruits’’; and Whereas, others noticed the games of the Shortly after Doubleday’s inspira- (2) in paragraph (B), by inserting ‘‘milk,’’ Knickerbockers and created teams of their tion, a group of gentlemen, led by Alex- after ‘‘honey,’’. own for inter-club play with Alexander Joy ander Joy Cartwright, Jr., was meeting (c) CONFORMING AMENDMENTS.— Cartwright, Jr. and the Knickerbockers, ac- in fields all over Manhattan in New (1) Section 2(3) of the Agricultural Adjust- cording to Cartwright’s ‘‘Rules of Play’’; York City, playing baseball according ment Act (7 U.S.C. 602(3)), reenacted with Whereas, baseball has grown into Ameri- amendments by the Agricultural Marketing ca’s national pastime and ingratiated itself to rules laid out by Cartwright. These Agreement Act of 1937, is amended by strik- into the collective heart of America; men began playing baseball as early as ing ‘‘, other than milk and its products,’’. Whereas, America has cherished baseball 1842 in a small plot of ground on Twen- (2) Section 8c of the Agricultural Adjust- and fallen in love with baseball heroes like ty-seventh Street—a spot now occupied ment Act (7 U.S.C. 608c), reenacted with Mickey Mantle, Jackie Robinson, Willie by the Harlem Railroad depot. Cart- amendments by the Agricultural Marketing Mays, and Babe Ruth; wright and his friends were forced to Agreement Act of 1937, is amended— Whereas, baseball has given Americans play at three different locations on (A) in subsection (6), by striking ‘‘, other common and shared experience, as well as Manhattan in order to escape the en- than milk and its products,’’; provide a bond between generations; (B) in subsection (7)(B), by striking ‘‘(ex- Whereas, parents and children enjoy base- croachment of a growing New York cept for milk and cream to be sold for con- ball together throughout the countless gen- City. On September 23, 1845, they fi- sumption in fluid form)’’; erations. nally formally organized themselves (C) in subsection (11)(B), by striking ‘‘Ex- Whereas, baseball has become as much a into a baseball club known as the cept in the case of milk and its products, or- part of the United States as the hot dogs sold Knickerbockers Base Ball Club. ders’’ and inserting ‘‘Orders’’; at the games; Efforts have been attempted in the (D) in subsection (13)(A), by striking ‘‘, ex- Whereas, baseball has become a part of our past to lay claim to Cooperstown’s, and cept to a retailer in his capacity as a retailer national character, indeed New York’s place in baseball of milk and its products’’; and Whereas, the designation of ‘‘National (E) in the first sentence of subsection (17), Baseball Heritage Day’’ will provide Ameri- history. Such efforts continue to this by striking ‘‘; Provided further,’’ and all that cans with chance to celebrate the history of day. But as every little-leaguer knows, follows through ‘‘to such order’’. the game and reflect on how much it has af- New York will always be the true home (3) Section 8d(2) of the Agricultural Adjust- fected our collective lives and national iden- of baseball. Also, as any baseball his- ment Act (7 U.S.C. 608d(2)), reenacted with tity: Now, therefore, be it tory buff knows, New York City is amendments by the Agricultural Marketing Resolved, That the Senate, in recognition home to our nation’s earliest organized Agreement Act of 1937, is amended by strik- of the essential role that baseball has played baseball team. Baseball fans every- ing the second sentence. in the history of the United States and our where will not be fooled by those who (4) Section 10(b)(2) of the Agricultural Ad- individual lives, designate September 23, 1996 justment Act (7 U.S.C. 610(b)(2)), reenacted as ‘‘National Baseball Heritage Day’’. The would claim otherwise. with amendments by the Agricultural Mar- President is authorized and requested to Therefore, to make sure that all keting Agreement Act of 1937, is amended— issue a proclamation calling upon the people Americans know the rightful role New (A) by striking clause (i); of the United States to observe such a day York holds in the birth of baseball, we (B) by redesignating clauses (ii) and (iii) as with appropriate ceremonies and activities. are introducing a resolution calling for clauses (i) and (ii) respectively; and February 6, 1996 CONGRESSIONAL RECORD — SENATE S 921 (C) in the first sentence of clause (i) (as so ‘‘(A) the conservation reserve program es- by him to the bill S. 1541, supra; as fol- redesignated), by striking ‘‘other commod- tablished under subchapter B; lows: ity’’ and inserting ‘‘commodity’’. ‘‘(B) the wetlands reserve program estab- AMENDMENT NO. 3320 (5) Section 11 of the Agricultural Adjust- lished under subchapter C; and ment Act (7 U.S.C. 611), reenacted with ‘‘(C) the environmental quality incentives At the appropriate place insert the follow- amendments by the Agricultural Marketing program established under chapter 4. ing: Agreement Act of 1937, is amended by strik- ‘‘(b) ADMINISTRATION.— ‘‘SEC. . ADJUSTMENT TO LOAN RATE CAPS. ing ‘‘peanuts, and milk, and its products,’’ ‘‘(1) IN GENERAL.—In carrying out the ‘‘(a) ATTRIBUTION.—Notwithstanding any and inserting ‘‘and peanuts,’’. ECARP, the Secretary shall enter into con- other provision of this Act and notwith- (6) Section 715 of the Agriculture, Rural tracts with owners and operators and acquire standing the provisions of sections 1001 and Development, Food and Drug Administra- interests in land through easements from 1001A of the Food Security Act of 1985 (7 tion, and Related Agencies Appropriations owners, as provided in this chapter and chap- U.S.C. 1308 and 1308–1) in the case of the 1996 Act, 1994 (Public Law 103–111, 107 Stat. 1079; ter 4. through 2002 contract acres of wheat, feed 7 U.S.C. 608d note), is amended by striking ‘‘(2) PRIOR ENROLLMENTS.—Acreage en- grains, upland cotton, rice, and oilseeds, the ‘‘amended: Provided further,’’ and all that fol- rolled in the conservation reserve or wet- Secretary shall attribute payments specified lows through ‘‘handlers’’ and inserting lands reserve program prior to the effective in section 1001 of that Act to persons who re- ‘‘amended’’. date of this paragraph shall be considered to ceive the payments directly, and attribute (d) EFFECTIVE DATE.—The amendments be placed into the ECARP. payments received by entities to the individ- made by this section shall take effect on De- ‘‘(c) CONSERVATION PRIORITY AREAS.— uals who own such entities in proportion to cember 31, 1998. ‘‘(1) DESIGNATION.— their ownership interest in the entity.’’ ‘‘(A) IN GENERAL.—The Secretary shall des- ‘‘(b) ADJUSTMENTS IN CONTRACT ACCOUNTS ignate watersheds or regions of special envi- AND LOAN RATE CAPS.—For the crops after BUMPERS (AND PRYOR) the Secretary has implemented subsection AMENDMENT NO. 3317 ronmental sensitivity, including the Chesa- peake Bay Region (consisting of Pennsylva- (a), the Secretary shall— (Ordered to lie on the table.) nia, Maryland, and Virginia), the Great ‘‘(1) notwithstanding the provisions of this Mr. BUMPERS (for himself and Mr. Lakes Region, and the Long Island Sound title, reduce the Contract Payment Account provided in section 103 for each fiscal year by PRYOR) submitted an amendment in- Region, as conservation priority areas that are eligible for enhanced assistance through $140,000,000; and tended to be proposed by them to ‘‘(2) increase the loan rate caps in section the programs established under the chapter amendment No. 3184 proposed by Mr. 104 as follows: and chapter 4. LEAHY to the bill S. 1541, supra; as fol- ‘‘(A) $2.75 per bushel for wheat; ‘‘(B) APPLICATION.—A designation shall be lows: ‘‘(B) $2.00 per bushel for corn; made under this paragraph if agricultural ‘‘(C) $0.54 per pound for upland cotton; At the appropriate place in the bill, add practices on land within the watershed or re- ‘‘(D) $6.60 per hundredweight for rice; the following: ‘‘Notwithstanding any other gion pose a significant threat to soil, water, ‘‘(E) $5.10 per bushel for soybeans; and provision of this Act, any program author- air, and related natural resources, as deter- ‘‘(F) $.10 per pound for sunflower seed, ized to be administered by the Secretary of mined by the Secretary, and an application canola, rapeseed, safflower, mustard seed, Agriculture on January 1, 1995, modified by is made by— and flaxseed.’’ this Act, shall be deemed authorized under ‘‘(i) a State agency in consultation with the same terms and conditions as existed on the State technical committee established AMENDMENT NO. 3321 January 1, 1995, until December 31, 1996, un- under section 1261; or At the appropriate place insert the follow- less other terms and conditions are subse- ‘‘(ii) State agencies from several States ing: quently established by law.’’ that agree to form an interstate conserva- ‘‘SEC. . VALUE-ADDED PROCESSING AND MAR- tion priority area. KETING. MURRAY AMENDMENTS NOS. 3318– ‘‘(C) ASSISTANCE.—The Secretary shall des- ‘‘(a) ATTRIBUTION.—Notwithstanding any 3319 ignate a watershed or region of special envi- other provision of this Act and notwith- ronmental sensitivity as a conservation pri- (Ordered to lie on the table.) standing the provisions of sections 1001 and ority area to assist, to the maximum extent 1001A of the Food Security Act of 1985 (7 Mrs. MURRAY submitted two practicable, agricultural producers within U.S.C. 1308 and 1308–1) in the case of the 1996 amendments intended to be proposed the watershed or region to comply with through 2002 contracts acres of wheat and by her to amendment No. 3184 proposed nonpoint source pollution and other require- feed grains, the Secretary shall attribute by Mr. LEAHY to the bill S. 1541, supra; ments under the Federal Water Pollution payments specified in section 1001 of that as follows: Control Act (33 U.S.C. 1251 et seq.), the Clean Act to persons who receive the payments di- Air Act (42 U.S.C. 7401 et seq.), and other rectly, and attribute payments received by AMENDMENT NO. 3318 Federal and State environmental laws. entities to the individuals who own such en- On page 1–21, line 17, strike ‘‘$2.58’’ and in- ‘‘(2) APPLICABILITY.—The Secretary shall tities in proportion to their ownership inter- sert ‘‘$2.82’’. designate a watershed or region of special est in the entity. environmental sensitivity as a conservation ‘‘(b) ADJUSTMENTS IN CONTRACT ACCOUNTS AMENDMENT NO. 3319 priority area in a manner that conforms, to AND LOAN GUARANTEE AND GRANT AUTHOR- Beginning on page 3–2, strike line 1 and all the maximum extent practicable, to the ITY.—For the crops after the Secretary has that follows through page 3–5, line 23, and in- functions and purposes of the conservation implemented subsection (a), the Secretary sert the following: reserve, wetlands reserve, and environmental shall— ‘‘SEC. 1230. ENVIRONMENTAL CONSERVATION quality incentives programs, as applicable, if ‘‘(1) notwithstanding the provisions of this ACREAGE RESERVE PROGRAM. participation in the program or programs is title, reduce the Contract Payment for what ‘‘(a) ESTABLISHMENT.— likely to result in the resolution or amelio- and feed grains provided in section 103 for ‘‘(1) IN GENERAL.—During the 1996 through ration of significant soil, water, air, and re- each fiscal year by the amount estimated by 2002 calendar years, the Secretary shall es- lated natural resource problems related to the Secretary not paid to farmers as a result tablish an environmental conservation acre- agricultural production activities within the of subsection (a); and age reserve program (referred to in this sec- watershed or region. ‘‘(2) use such savings generated in para- tion as ‘ECARP’) to be implemented through ‘‘(3) TERMINATION.—A conservation priority graph (1) to carry out a program to issue contracts and the acquisition of easements area designation shall terminate on the date guarantee against the risk of nonpayment to assist owners and operators of farms and that is 5 years after the date of the designa- arising out of loans taken out by small and ranches to conserve and enhance soil, water, tion, except that the Secretary may— moderate-size agricultural producers in air, and related natural resources, including ‘‘(A) redesignate the area as a conservation wheat and feed-grain regions to finance the grazing land, wetland, and wildlife habitat. priority area; or purchase of stock of membership capital in ‘‘(2) MEANS.—The Secretary shall carry out ‘‘(B) withdraw the designation of a water- cooperative associations engaged in value- the ECARP by— shed or region if the Secretary determines added, food or industrial-use processing of ‘‘(A) providing for the long-term protection the area in no longer affected by significant agricultural commodities, and to issue of environmentally sensitive land; and soil, water, air, and related natural resource grants to provide financial and technical as- ‘‘(B) providing technical and financial as- impacts related to agricultural production sistance for agricultural diversification, sistance to farmers and ranchers to— activities.’’. marketing, processing and production strate- ‘‘(i) improve the management and oper- gies by small and moderate-size farmers to ation of the farms and ranches; and WELLSTONE AMENDMENTS NOS. add value to farm products and increase self- ‘‘(ii) reconcile productivity and profit- 3320–3323 employment opportunities.’’ ability with protection and enhancement of the environment. (Ordered to lie on the table.) AMENDMENT NO. 3322 ‘‘(3) PROGRAMS.—The ECARP shall consist Mr. WELLSTONE submitted four Amend title I by adding to the end the fol- of— amendments intended to be proposed lowing: S 922 CONGRESSIONAL RECORD — SENATE February 6, 1996 ‘‘SEC. 112. ADJUSTMENT TO LOAN RATE CAPS. SEC. . RURAL COMMUNITY TOURISM PROVI- ‘‘(B) Nominations shall be submitted by or- ‘‘(a) ATTRIBUTION.—Notwithstanding the SIONS. ganizations certified under section 114, or, if provisions of sections 1001 and 1001A of the (a) PURPOSE.—The purpose of this section the Secretary determines that a substantial Food Security Act of 1985 (7 U.S.C. 1308 and is to amend the Consolidated Farm and number of milk producers are not members 1308–1) in the case of the 1996 through 2002 Rural Development Act to require the Sec- of, or the interests of the producers are not contract acres of wheat, feed grains, upland retary of Agriculture to clarify that tourist represented by, a certified organization, cotton, rice, and oilseeds, the Secretary shall and other recreational businesses located in from nominations submitted by the produc- attribute payments specified in section 1001 rural communities are eligible for loans ers in the manner authorized by the Sec- of that Act to persons who receive the pay- under the Business and Industry (B&I) Loan retary. In submitting nominations, each cer- ments directly, and attribute payments re- Guarantee Program. tified organization shall demonstrate to the ceived by entities to the individuals who own (b) LOANS FOR TOURISM IN RURAL COMMU- satisfaction of the Secretary that the milk such entities in proportion to their owner- NITIES.—The first sentence of section 310B(a) producers who are members of the organiza- ship interest in the entity. of the Consolidated Farm and Rural Develop- tion have been fully consulted in the nomi- ‘‘(b) ADJUSTMENTS IN CONTRACT ACCOUNTS ment Act (7 U.S.C. 1932(a)) is amended— nation process.’’; AND LOAN RATE CAPS.—For the crops after (1) by striking ‘‘and (3)’’ and inserting (8) in the first sentence of paragraph (3) (as the Secretary has implemented subsection ‘‘(3)’’; and so designated), by striking ‘‘In making such (a), the Secretary shall— ‘‘(2) by inserting before the period at the appointments,’’ and inserting ‘‘In establish- ‘‘(1) notwithstanding the provisions of this end the following: ‘‘, and (4) promoting the ing the process for the election of members title, reduce the Contract Payment Account planning, development, or financing of tour- of the Board,’’; and provided in section 103 for each fiscal year by ist or recreational businesses located in (9) in paragraph (4) (as so designated)— $140,000,000; and rural communities’’. (A) by striking ‘‘appointment’’ and insert- ‘‘(2) increase the loan rate caps in section ing ‘‘election’’; and 104 as follows: FEINGOLD AMENDMENT NO. 3325 (B) by striking ‘‘appointments’’ and insert- ‘‘(A) $2.75 per bushel for wheat; (Ordered to lie on the table.) ing ‘‘elections’’. ‘‘(B) $2.00 per bushel for corn; Mr. FEINGOLD submitted an amend- ‘‘(C) $0.54 per pound for upland cotton; ‘‘(D) $6.60 per hundredweight for rice; ment intended to be proposed by him KOHL (AND FEINGOLD) ‘‘(E) $5.10 per bushel for soybeans; and to amendment No. 3247 submitted by AMENDMENT NO. 3328 ‘‘(F) $.10 per bushel for sunflower seed, Mr. LEAHY to the bill S. 1541, supra; as (Ordered to lie on the table.) canola, rapeseed, safflower, mustard seed, follows: Mr. KOHL (for himself and Mr. and flaxseed.’’ Strike the provision relating to the North- FEINGOLD) submitted an amendment east Interstate Dairy Compact. intended to be proposed by them to the AMENDMENT NO. 3323 bill S. 1541, supra; as follows: Amend title I by adding to the end the fol- KOHL AMENDMENT NO. 3326 lowing: At the appropriate place, insert the follow- (Ordered to lie on the table.) ing: ‘‘SEC. 112. VALUE-ADDED PROCESSING AND MAR- KETING. Mr. KOHL submitted an amendment SEC. . DAIRY VOTING REFORM. ‘‘(a) ATTRIBUTION.—Notwithstanding the intended to be proposed by him to Section 113(b) of the Dairy Production Sta- provisions of sections 1001 and 1001A of the amendment No. 3252 submitted by Mr. bilization Act of 1983 (7 U.S.C. 4504(b)) is Food Security Act of 1985 (7 U.S.C. 1308 and LUGAR to the bill S. 1541, supra; as fol- amended— 1308–1) in the case of the 1996 through 2002 lows: (1) by designating the first and second sen- tences as paragraphs (1) and (2), respectively; contract acres of wheat and feed grains, the On page 2–64, lines 18 and 19, strike ‘‘Aus- (2) by designating the third through fifth Secretary shall attribute payments specified tralian Wheat Board and Canadian Wheat sentences as paragraph (3); in section 1001 of that Act to persons who re- Board’’ and insert ‘‘Australian Wheat Board, (3) by designating the sixth sentence as ceive the payments directly, and attribute Canadian Wheat Board, and New Zealand paragraph (4); payments received by entities to the individ- Dairy Board’’. uals who own such entities in proportion to (4) by designating the seventh and eighth their ownership interest in the entity. sentences as paragraph (5); KOHL (AND FEINGOLD) ‘‘(b) ADJUSTMENTS IN CONTRACT ACCOUNTS (5) by designating the ninth sentence as AND LOAN GUARANTEE AND GRANT AUTHOR- AMENDMENT NO. 3327 paragraph (6); ITY.—For the crops after the Secretary has (Ordered to lie on the table.) (6) in paragraph (1) (as so designated), by implemented subsection (a), the Secretary Mr. KOHL (for himself and Mr. striking ‘‘and appointment’’; shall— (7) by striking paragraph (2) (as so des- FEINGOLD) submitted an amendment ignated) and inserting the following: ‘‘(1) notwithstanding the provisions of this intended to be proposed by them to title, reduce the Contract Payment for ‘‘(2)(A)(i) Subject to clause (ii), members of wheat and feed grains provided in section 103 amendment No. 3184 proposed by Mr. the Board shall be milk producers nominated for each fiscal year by the amount estimated LEAHY to the bill S. 1541, supra; as fol- in accordance with subparagraph (B) and by the Secretary not paid to farmers as a re- lows: elected by a vote of producers through a sult of subsection (a); and At the appropriate place, insert the follow- process established by the Secretary. ‘‘(2) use such savings generated in para- ing: ‘‘(ii) In carrying out clause (i), the Sec- graph (1) to carry out a program to issue SEC. . DAIRY VOTING REFORM. retary shall not permit an organization cer- guarantee against the risk of nonpayment Section 113(b) of the Dairy Production Sta- tified under section 114 to vote on behalf of arising out of loans taken out by small and bilization Act of 1983 (7 U.S.C. 4504(b)) is the members of the organization. moderate-size agricultural producers in amended— ‘‘(B) Nominations shall be submitted by or- wheat and feed-grain regions to finance the (1) by designating the first and second sen- ganizations certified under section 114, of, if purchase of stock or membership capital in tences as paragraphs (1) and (2), respectively; the Secretary determines that a substantial cooperative associations engaged in value- (2) by designating the third through fifth number of milk producers are not members added, food or industrial-use processing of sentences as paragraph (3); of, or the interests of the producers are not agricultural commodities, and to issue (3) by designating the sixth sentence as represented by, a certified organization, grants to provide financial and technical as- paragraph (4); from nominations submitted by the produc- sistance for agricultural diversification, (4) by designating the seventh and eighth ers in the manner authorized by the Sec- marketing, processing and production strate- sentences as paragraph (5); retary. In submitting nominations, each cer- gies by small and moderate-size farmers to (5) by designating the ninth sentence as tified organization shall demonstrate to the add value to farm products and increase self- paragraph (6); satisfaction of the Secretary that the milk employment opportunities.’’ (6) in paragraph (1) (as so designated), by producers who are members of the organiza- striking ‘‘and appointment’’; tion have been fully consulted in the nomi- (7) by striking paragraph (2) (as so des- nation process.’’; FEINGOLD AMENDMENT NO. 3324 ignated) and inserting the following: (8) in the first sentence of paragraph (3) (as (Ordered to lie on the table.) ‘‘(2)(A)(i) Subject to clause (ii), members of so designated), by striking ‘‘In making such Mr. FEINGOLD submitted an amend- the Board shall be milk producers nominated appointments,’’ and inserting ‘‘In establish- ment intended to be proposed by him in accordance with subparagraph (B) and ing the process for the election of members to amendment No. 3184 proposed by Mr. elected by a vote of producers through a of the Board,’’; and process established by the Secretary. (9) in paragraph (4) (as so designated)— LEAHY to the bill S. 1541, supra; as fol- ‘‘(ii) In carrying out clause (i), the Sec- (A) by striking ‘‘appointment’’ and insert- lows: retary shall not permit an organization cer- ing ‘‘election’’; and At the appropriate place insert the follow- tified under section 114 to vote on behalf of (B) by striking ‘‘appointments’’ and insert- ing: the members of the organization. ing ‘‘elections’’. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 923 KOHL (AND OTHERS) AMENDMENT retary may not assess or collect assessments beginning on the date of the enactment of NO. 3329 from milk producers or handlers under such this Act, the Secretary does not issue new or section 8c for marketing order administra- amended Federal milk marketing orders (Ordered to lie on the table.) tion and services provided under such section under section 8c of the Agricultural Adjust- Mr. KOHL (for himself, Mr. after the end of that period. The Secretary ment Act (7 U.S.C. 608c), reenacted with FEINGOLD, Mr. WELLSTONE, Mr. GRAMS, may not reduce the level of services provided amendments by the Agricultural Marketing Mr. PRESSLER, and Mr. LAUTENBERG) under such section on account of the prohibi- Agreement Act of 1937, to effectuate the re- submitted an amendment intended to tion against assessments, but shall rather quirements of 108(b), then the Secretary may be proposed by them to amendment No. cover the cost of marketing order adminis- not assess or collect assessments from milk tration and services through funds available producers or handlers under such section 8c 3247 submitted by Mr. LEAHY to the bill for the Agricultural Marketing Service of for marketing order administration and serv- S. 1541, supra; as follows: the Department of Agriculture. ices provided under such section after the Strike section 108(f) of the amendment. ‘‘(B) FAILURE TO TIMELY IMPLEMENT OR- end of that period. The Secretary may not DERS.—Unless the Secretary certifies to Con- reduce the level of services provided under KOHL (AND OTHERS) AMENDMENT gress before the end of the 2-year period be- such section on account of the prohibition NO. 3330 ginning on the date of the enactment of this against assessments, but shall rather cover Act that all of the Federal marketing order the cost of marketing order administration (Ordered to lie on the table.) reforms required by this section have been and services through funds available for the Mr. KOHL (for himself, Mr. fully implemented, then effective at the end Agricultural Marketing Service of the De- FEINGOLD, Mr. WELLSTONE, Mr. GRAMS, of that period— partment of Agriculture. ‘‘(i) the Secretary shall immediately cease Mr. PRESSLER, and Mr. LAUTENBERG) (B) FAILURE TO TIMELY IMPLEMENT OR- all milk price support activities under this DERS.—Unless the Secretary certifies to Con- submitted an amendment intended to Act; be proposed by them to amendment No. gress before the end of the 2-year period be- ‘‘(ii) the Secretary shall immediately ter- ginning on the date of the enactment of this 3184 submitted by Mr. LEAHY to the bill minate all Federal milk marketing orders Act that all of the Federal marketing order S. 1541, supra; as follows: under section c of the Agricultural Adjust- reforms required by section 108(b) have been Beginning on page 1–73, strike line 12 and ment Act (7 U.S.C. 608c), reenacted with fully implemented, then effective at the end all that follows through page 1–75, line 7. amendments by the Agricultural Marketing of that period— Agreement Act of 1937, and may not issue (i) the Secretary shall immediately cease any further order under such Act with re- KOHL (AND FEINGOLD) all price support activities under section spect to milk; 108(a); AMENDMENT NO. 3331 ‘‘(iii) the Secretary and the National Proc- (ii) the Secretary shall immediately termi- (Ordered to lie on the table.) essor Advertising and Promotion Board shall nate all Federal milk marketing orders immediately cease all activities under the under section c of the Agricultural Adjust- Mr. KOHL (for himself and Mr. Fluid Milk Promotion Act of 1990 (7 U.S.C. FEINGOLD) submitted an amendment ment Act (7 U.S.C. 608c), reenacted with 6401 et seq.); and amendments by the Agricultural Marketing intended to be proposed by them to the ‘‘(iv) the Secretary and the National Dairy Agreement Act of 1937, and may not issue Promotion and Research Board shall imme- bill S. 1541, supra; as follows: any further order under such Act with re- diately cease all activities under the Dairy At the appropriate place, insert the follow- spect to milk; Production Stabilization Act of 1983 (7 U.S.C. ing: (iii) the Secretary and the National Proc- 4501 et seq.).’’ ‘‘Notwithstanding any other provision of essor Advertising and Promotion Board shall this Act, the following conditions shall apply immediately cease all activities under the to the reform of the Federal milk marketing KOHL (AND FEINGOLD) Fluid Milk Promotion Act of 1990 (7 U.S.C. orders as conducted by the Secretary: AMENDMENT NO. 3332 6401 et seq.); and ‘‘SEC. . CONSOLIDATION AND REFORM OF FED- (Ordered to lie on the table.) (iv) the Secretary and the National Dairy ERAL MILK MARKETING ORDERS.— Mr. KOHL (for himself and Mr. Promotion and Research Board shall imme- ‘‘(1) AMENDMENT TO ORDERS.—Within two FEINGOLD) submitted an amendment diately cease all activities under the Dairy years after the date of enactment of this intended to be proposed by them to Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). Act, the Secretary shall amend Federal milk amendment No. 3247 submitted by Mr. marketing orders issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. LEAHY to the bill S. 1541, supra; as fol- 608c), reenacted with amendments by the Ag- lows: KERREY (AND EXON) AMENDMENT ricultural Marketing Agreement Act of 1937, Beginning of page 4 of the amendment, NO. 3333 to— strike line 16 and all that follows through ‘‘(A) limit the number of Federal milk page 5, line 14, and insert the following: (Ordered to lie on the table.) marketing orders to between 10 and 14 or- (b) CONSOLIDATION AND REFORM OF FEDERAL Mr. KERREY (for himself and Mr. ders; MILK MARKETING ORDERS.— EXON) submitted an amendment in- ‘‘(B) provide for multiple basing points for (1) AMENDMENT TO ORDERS.—Within two tended to be proposed by them to years after the date of enactment of this the pricing of milk; amendment No. 3184 proposed by Mr. ‘‘(C) provide for the reduction by 50 percent Act, the Secretary shall amend Federal milk of the price difference between the highest marketing orders issued under section 8c of LEAHY to the bill S. 1541, supra; as fol- and lowest price differentials for Class I milk the Agricultural Adjustment Act (7 U.S.C. lows: in effect at the time of enactment of this 608c), reenacted with amendments by the Ag- On page 3–46, strike lines 6 through 14 and Act; and ricultural Marketing Agreement Act of 1037, insert the following: ‘‘(D) provide for the implementation of to— SEC. 353. STATE TECHNICAL COMMITTEES. (A) limit the number of Federal milk mar- uniform multiple component for milk used Subtitle G of title XII of the Food Security in manufactured dairy products. keting orders to between 10 and 14 orders; (B) provide for multiple basing points for Act of 1985 (16 U.S.C. 3861 et seq.) is amended ‘‘(2) EXPEDITED PROCESS.—The amend- to read as follows: ments required under paragraph (1) shall the pricing of milk; (C) provide for the reduction by 50 percent ‘‘Subtitle G—State Technical Committees be— of the price difference between the highest ‘‘(A) announced not later than (1) year fol- ‘‘SEC. 1261. ESTABLISHMENT. and lowest price differentials for Class I milk lowing the date of enactment of this Act; ‘‘(a) IN GENERAL.—The Secretary shall es- in effect at the time of enactment of this and tablish in each State a State technical com- Act; and mittee to assist the Secretary in the tech- ‘‘(B) implemented not later than 2 years (D) provide for the implementation of uni- nical considerations relating to implementa- following the date of enactment of this Act. form multiple component for milk used in tion of the conservation provisions under ‘‘(3) EFFECT OF FAILURE TO COMPLY WITH manufactured dairy products. this title. REFORM PROCESS REQUIREMENTS (2) EXPEDITED PROCESS.—The amendments ‘‘(A) FAILURE TO TIMELY ISSUE OR AMEND required under paragraph (1) shall be— ‘‘(b) COORDINATION.—Each State technical ORDERS.—If, before the end of the 1-year pe- (A) announced not later than (1) year fol- committee shall be coordinated by the State riod beginning on the date of the enactment lowing the date of enactment of this Act; Conservationist of the Natural Resources of this Act, the Secretary does not issue new and Conservation Service. or amended Federal milk marketing orders (B) implemented not later 2 years follow- ‘‘(c) COMPOSITION.—Each technical com- under section 8c of the Agricultural Adjust- ing the date of enactment of this Act. mittee shall be composed of persons with rel- ment Act (7 U.S.C. 608c), reenacted with (3) EFFECT OF FAILURE TO COMPLY WITH RE- evant expertise that represent a variety of amendments by the Agricultural Marketing FORM PROCESS REQUIREMENTS disciplines in the soil, water, wetland, and Agreement Act of 1937, to effectuate the re- (A) FAILURE TO TIMELY ISSUE OR AMEND OR- wildlife and social sciences, including rep- quirements of this section, then the Sec- DERS.—If, before the end of the 1-year period resentatives of— S 924 CONGRESSIONAL RECORD — SENATE February 6, 1996 ‘‘(1) the Natural Resources Conservation ommendations of State technical commit- to an amendment submitted by Mr. Service; tees in administering the program under this LEAHY to the bill S. 1541, supra; as fol- ‘‘(2) the Farm Service Agency; title, and to any factual, technical, or sci- lows: ‘‘(3) the Forest Service; entific finding of a committee.’’. ‘‘(4) the Cooperative State Research, Edu- AMENDMENT NO. 3336 On page 1–66, after line 24, add the follow- cation and Extension Service; KERREY AMENDMENT NO. 3334 ‘‘(5) the Office of Rural Economic and Com- ing: munity Development; (Ordered to lie on the table.) (6) TRANSFERS OF FARM POUNDAGE ‘‘(6) the United States Fish and Wildlife Mr. KERREY submitted an amend- QUOTAS.—Section 358b(a) of the Agricultural Service; ment intended to be proposed by him Adjustment Act of 1938 (7 U.S.C. 1353b(a)) is ‘‘(7) the Environmental Protection Agency; to amendment No. 3184 proposed by Mr. amended by adding at the end the following: ‘‘(4) TRANSFERS BETWEEN STATES HAVING ‘‘(8) the United States Geological Service; EAHY L to the bill S. 1541, supra; as fol- QUOTAS OF LESS THAN 10,000 TONS.—Notwith- ‘‘(9) State departments and agencies that lows: the Secretary considers appropriate, includ- standing paragraphs (1) through (3), in case ing— On page 3–62, after line 22, insert the fol- of any State for which the poundage quota ‘‘(A) the State fish and wildlife agency; lowing: allocated to the State was less than 10,000 ‘‘(B) the State forester or equivalent State SEC. 356. CONSERVATION ESCROW ACCOUNT. tons for the crop of the preceding year, all or official; Subtitle E of title XII of the Food Security any part of a farm poundage quota up to 1,000 ‘‘(C) the State water resources agency; Act of 1985 (16 U.S.C. 3841 et seq.) is amended tons may be transferred by sale or lease from ‘‘(D) the State department of agriculture; by adding at the end the following: a farm in 1 such State to a farm in another such State.’’. and ‘‘SEC. 1248. CONSERVATION ESCROW ACCOUNT. ‘‘(E) the State association of soil and water ‘‘(a) ESTABLISHMENT.—The Secretary shall AMENDMENT NO. 3337 conservation districts, or natural resources establish a conservation escrow account. districts; ‘‘(b) DEPOSITS INTO ACCOUNTS.—Any pro- On page 1–27, strike lines 10 through 20 and ‘‘(10) agricultural producers utilizing a gram loans, payments, or benefits forfeited insert the following: range of conservation farming systems and by, or fines collected from, producers under (c) TERM OF LOAN.— practices; section 1211 or 1221 shall be placed in the (1) IN GENERAL.—Except as provided in ‘‘(11) other nonprofit organizations with conservation escrow account. paragraph (2)— demonstrable expertise; ‘‘(c) USE OF FUNDS.—Funds in the con- (A) in the case of each loan commodity, a ‘‘(12) persons knowledgeable about the eco- servation escrow account shall be used to marketing assistance loan under subsection nomic and environmental impact of con- provide technical and financial assistance to (a) shall have a term of 9 months beginning servation techniques and programs; and individuals to implement natural resource on the first day of the first month after the ‘‘(13) agribusiness. conservation practices. month in which the loan is made; and (B) the Secretary may not extend the term ‘‘SEC. 1262. RESPONSIBILITIES. ‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Sec- of a marketing assistance loan for any loan ‘‘(a) IN GENERAL.— retary shall use funds in the conservation es- commodity. ‘‘(1) MEETINGS.—Each State technical com- crow account for local areas in proportion to mittee shall meet regularly to provide infor- the amount of funds forfeited by or collected (2) COTTON.— (A) IN GENERAL.—A marketing assistance mation, analysis, and recommendations to from producers in the local area. loan for upland cotton or extra long staple the Secretary regarding implementation of ‘‘(e) COMPLIANCE ASSISTANCE.—To assist conservation provisions and programs. the producer in complying with the applica- cotton shall have a term of 10 months begin- ning on the first day of the first month after ‘‘(2) MANNER.—The information, analysis, ble section referred to in subsection (b) not and recommendations shall be provided in a later than 1 year after a determination of the month in which the loan is made. (B) EXTENSION OF LOAN PERIOD.— manner that will assist the Department of noncompliance, a producer shall be eligible (i) IN GENERAL.—Except as provided in Agriculture in determining conservation pri- to receive compliance assistance of up to 66 clause (ii), a marketing assistance loan for orities for the State and matters of fact, percent of any loan, payment, benefit for- upland cotton or extra long staple cotton technical merit, or scientific question. feited, or fines placed in the conservation es- shall, on request of the producer during the ‘‘(3) BEST INFORMATION AND JUDGMENT.—In- crow account.’’. 10th month of the loan period for the cotton, formation, analysis, and recommendations be made available for an additional term of shall be provided in writing and shall reflect KERREY AMENDMENT NO. 3335 8 months. the best information and judgment of the (ii) LIMITATION.—A request to extend the committee. (Ordered to lie on the table.) loan period shall not be approved in any ‘‘(b) OTHER DUTIES.—Each State technical Mr. KERREY submitted an amend- month in which the average price of the base committee shall provide assistance and offer ment intended to be proposed by him quality of upland cotton, as determined by recommendations with respect to the tech- to an amendment proposed by Mr. the Secretary, in the designated spot mar- nical aspects of— LEAHY to the bill S. 1541, supra; as fol- kets for the preceding month exceeded 130 ‘‘(1) wetland protection, restoration, and percent of the average price of the base qual- mitigation requirements; lows: ity of upland cotton in the designated United ‘‘(2) criteria to be used in evaluating bids On page 3-6, between lines 11 and 12, insert States spot markets for the preceding 36- for enrollment of environmentally sensitive the following: month period. lands in the conservation reserve program; (c) REPAYMENT OF COST SHARING AND ‘‘(3) guidelines for haying or grazing and OTHER PAYMENTS.—Section 1235(d)(1) of the AMENDMENT NO. 3338 the control of weeds to protect nesting wild- Food Security Act of 1985 (16 U.S.C. life on setaside acreage; 3835(d)(1)) is amended— Strike section 106 and insert the following: ‘‘(4) addressing common weed and pest (1) in subparagraph (A), by striking ‘‘and’’ SEC. 106. PEANUT PROGRAM. problems and programs to control weeds and at the end; (a) MARKETING QUOTAS.— pests found on acreage enrolled in the con- (2) in subparagraph (B), by striking the pe- (1) NATIONAL POUNDAGE QUOTAS AND ACRE- servation reserve program; riod at the end and inserting a semicolon; AGE ALLOTMENTS.— ‘‘(5) guidelines for planting perennial cover and (A) IN GENERAL.—The section heading of for water quality and wildlife habitat im- (3) by adding at the end the following: section 358–1 of the Agricultural Adjustment provement on set-aside lands; ‘‘(C) in the case of a contract with respect Act of 1938 (7 U.S.C. 1358–1) is amended by ‘‘(6) criteria and guidelines to be used in to which 5 years or less of the contract term striking ‘‘1991 THROUGH 1997 CROPS OF’’. evaluating petitions by farmers to test con- have elapsed, the owner or operator agrees to (B) NATIONAL POUNDAGE QUOTAS.— servation practices and systems not cur- repay all cost sharing, rental, and other pay- (i) ESTABLISHMENT.—Section 358–1(a)(1) of rently covered in Field Office Technical ments made by the Secretary under the con- the Act is amended— Guides; tract and section 1234 and (I) in the first sentence— ‘‘(7) identification, prioritization, and co- ‘‘(D) in the case of a contract with respect (aa) by striking ‘‘of the 1991 through 1997 ordination of Water Quality Incentives Pro- to which more than 5 years but less than 8 marketing years’’ and inserting ‘‘marketing gram initiatives in the State; and years of the contract term have elapsed, the year’’; ‘‘(8) other matters determined appropriate owner or operator agrees to repay all cost (bb) by striking ‘‘, seed,’’; and by the Secretary. sharing payments made by the Secretary (cc) by striking the period at the end and ‘‘(c) AUTHORITY.— under the contract and section 1234(b).’’. inserting ‘‘, excluding seed. In making esti- ‘‘(1) NO ENFORCEMENT AUTHORITY.—Each mates under this paragraph for a marketing State technical committee is advisory and HEFLIN AMENDMENTS NO. 3336–3345 year, the Secretary shall annually estimate shall have no implementation or enforce- and take into account the quantity of pea- ment authority. (Ordered to lie on the table.) nuts and peanut products to be imported ‘‘(2) CONSIDERATION.—The Secretary shall Mr. HEFLIN submitted ten amend- into the United States for the marketing give strong consideration to the rec- ments intended to be proposed by him year.’’; and February 6, 1996 CONGRESSIONAL RECORD — SENATE S 925 (II) by striking the second sentence. pounds of seed peanuts planted by the pro- ‘‘(i) 1996.—During calendar year 1996, not (ii) APPORTIONMENT.—Section 358–1(a)(3) of ducer on the farm.’’. more than 15 percent of the total poundage the Act is amended by striking ‘‘1990’’ and (viii) TRANSFER OF ADDITIONAL PEANUTS.— quota within a county as of January 1, 1996, inserting ‘‘1995’’. Section 358–1(b) of the Act is amended by may be sold and transferred outside the (C) FARM POUNDAGE QUOTA.— striking paragraph (9) and inserting the fol- county under this paragraph. (i) ESTABLISHMENT.—Section 358–1(b)(1)(A) lowing: ‘‘(ii) SUBSEQUENT YEARS.—During calendar of the Act is amended— ‘‘(9) TRANSFER OF ADDITIONAL PEANUTS.— year 1997 and each subsequent calendar year, (I) by striking ‘‘of the 1991 through 1997 ‘‘(A) IN GENERAL.—Except as provided in not more than 5 percent of the total pound- marketing years’’ and inserting ‘‘marketing subparagraph (B), additional peanuts on a age quota within a county as of January 1 of year’’; and farm from which the quota poundage was not the calendar year may be sold and trans- (II) in clause (i), by striking ‘‘1990’’ and in- harvested and marketed may be transferred ferred outside the county under this para- serting ‘‘1995’’. to the quota loan pool for pricing purposes graph. (ii) QUANTITY.—Section 358–1(b)(1)(B) of the on such basis as the Secretary shall provide ‘‘(iii) AGGREGATE LIMIT.—Not more than an Act is amended— by regulation. aggregate of 30 percent of the total poundage (I) by striking ‘‘of the 1991 through 1997 ‘‘(B) LIMITATIONS.—The poundage of pea- quota within a county may be sold and marketing years’’ and inserting ‘‘marketing nuts transferred under subparagraph (A) transferred outside the county under this year’’; and shall not exceed 25 percent of the total farm paragraph. (II) by striking ‘‘including—’’ and all that poundage quota, excluding pounds trans- ‘‘(C) SUBSEQUENT LEASE OR SALE.—Quota poundage sold and transferred under this follows through ‘‘(ii) any’’ and inserting ‘‘in- ferred in the fall. paragraph may not be leased or sold to an- cluding any’’. ‘‘(C) SUPPORT RATE.—Peanuts transferred other farm owner or operator within the (iii) ADJUSTMENTS.—Section 358–1(b)(2) of under this paragraph shall be supported at a same State for a period of 5 years following the Act is amended— rate of not less than 70 percent of the quota the original transfer to the farm.’’. (I) in subparagraph (A)— support rate for the marketing years during (C) RECORD.—Section 358b(b)(3) of the Act (aa) by striking ‘‘(B) and subject to sub- which the transfers occur.’’. is amended by striking ‘‘committee of the paragraph (D)’’ and inserting ‘‘(C)’’; and ROPS.—Section 358–1(f) of the Act is (D) C county to which the transfer is made and the (bb) by striking ‘‘of the 1991 through 1997 amended by striking ‘‘1991 through 1997’’ and marketing years’’ and inserting ‘‘marketing committee determines’’ and inserting ‘‘com- inserting ‘‘1996 through 2002’’. mittees of the counties from and to which year’’; (2) SALE, LEASE, OR TRANSFER OF FARM (II) by striking subparagraph (B); the transfer is made and the committees de- POUNDAGE QUOTA.— termine’’. (III) by redesignating subparagraphs (C) (A) IN GENERAL.—The section heading of and (D) as subparagraphs (B) and (C), respec- (D) CROPS.—Section 358b(c) of the Act is section 358b of the Agricultural Adjustment amended by striking ‘‘1991 through 1995’’ and tively; and Act of 1938 (7 U.S.C. 1358b) is amended by (IV) in subparagraph (B) (as so redesig- inserting ‘‘1996 through 2002’’. striking ‘‘1991 THROUGH 1995 CROPS OF’’. (3) EXPERIMENTAL AND RESEARCH PRO- nated), by striking ‘‘of the 1991 through 1997 (B) SALE, LEASE, OR TRANSFER OF FARM marketing years’’ and inserting ‘‘marketing GRAMS.—Section 358c(d) of the Agricultural POUNDAGE QUOTA.—Section 358b(a) of the Act Adjustment Act of 1938 (7 U.S.C. 1358c(d)) is year’’. is amended— amended by striking ‘‘1991 through 1995’’ and (iv) QUOTA NOT PRODUCED.—Section 358– (i) by striking ‘‘(including any applicable inserting ‘‘1996 through 2002’’. 1(b)(3) of the Act is amended— under marketings)’’ each place it appears; (4) MARKETING PENALTIES.—Section 358e of (I) in subparagraph (A), by striking ‘‘of the (ii) in paragraph (1)— the Agricultural Adjustment Act of 1938 (7 1991 through 1997 marketing years’’ and in- (I) by redesignating subparagraphs (A) and U.S.C. 1359a) is amended— serting ‘‘marketing year’’; and (B) as subparagraphs (B) and (C), respec- (A) in the section heading, by striking (II) in subparagraph (B), by striking ‘‘in- tively; ‘‘1991 THROUGH 1997 CROPS OF’’; clude—’’ and all that follows through ‘‘(ii) (II) by inserting before subparagraph (B) (B) in subsection (d)(6)(A), by inserting any’’ and inserting ‘‘include any’’. (as so redesignated) the following: after ‘‘If any additional peanuts’’ the follow- UOTA CONSIDERED PRODUCED.—Section (v) Q ‘‘(A) with the owner or operator of another ing: ‘‘or peanut products made from addi- 358–1(b)(4) of the Act is amended— farm located within the same county or lo- tional peanuts’’; and (I) in subparagraph (A), by inserting ‘‘or’’ cated in a different county within the same (C) in subsection (i), by striking ‘‘1991 after the semicolon at the end; and State;’’; through 1997’’ and inserting ‘‘1996 through (II) by striking subparagraphs (B) and (C) (III) in subparagraph (B) (as so redesig- 2002’’. and inserting the following: nated), by striking ‘‘undermarketings and’’; (b) PRICE SUPPORT PROGRAM FOR PEA- ‘‘(B) the farm poundage quota for the farm and NUTS.— was— (IV) by adding at the end the following: (1) QUOTA PEANUTS.— ‘‘(i) released voluntarily under paragraph ‘‘Fall transfers of quota pounds shall not af- (A) IN GENERAL.—The Secretary shall make (7); or fect the farm quota history for the transfer- price support available to producers through ‘‘(ii) leased to another owner or operator of ring or receiving farm and shall not result in loans, purchases, and other operations on a farm within the same county for transfer a reduction of the farm poundage quota on quota peanuts. to the farm; the transferring farm.’’; (B) SUPPORT RATES.—The national average for only 1 of the 3 marketing years imme- (iii) in paragraph (2)— quota support rate for each crop of quota diately preceding the marketing year for (I) in the first sentence— peanuts shall be the national average quota which the determination is being made.’’. (aa) by striking ‘‘county or in a county support rate for the immediately preceding (vi) ALLOCATION OF QUOTAS REDUCED OR RE- contiguous to the county in the same’’; and crop, adjusted to reflect any increase, during LEASED.—Section 358–1(b)(6) of the Act is (bb) by inserting before the period at the the calendar year immediately preceding the amended— end the following: ‘‘, if both the transferring marketing year for the crop for which a level (I) in subparagraph (A), by striking ‘‘sub- and the receiving farms were under the con- of support is being determined, in the na- paragraphs (B) and (C), the total quantity of trol of the owner or operator for at least 3 tional average cost of peanut production, ex- the’’ and inserting ‘‘subparagraph (B),’’; crop years prior to the crop year in which cluding any change in the cost of land and (II) in subparagraph (B)— the farm poundage quota is transferred’’; and the cost of any assessments required under (aa) by striking ‘‘Not more than 25 percent (II) in the second sentence, by striking paragraph (7), except that in no event shall of the’’ and inserting ‘‘The’’; and ‘‘the transferred quota is produced or consid- the national average quota support rate for (bb) by adding at the end the following: ered produced on the receiving farm’’ and in- any such crop be increased, or decreased, by ‘‘Any farm quota pounds remaining after al- serting ‘‘sufficient acreage is planted on the more than 5 percent of the national average location to farms under this subparagraph receiving farm to produce the quota pounds quota support rate for the preceding crop. shall be allocated under subparagraph (A).’’; transferred’’; and (C) INSPECTION, HANDLING, OR STORAGE.— and (iv) by adding at the end the following: The levels of support so announced shall not (III) by striking subparagraph (C). ‘‘(4) TRANSFERS BY SALE IN STATES WITH be reduced by any deductions for inspection, (vii) TEMPORARY QUOTA ALLOCATION FOR LARGE QUOTAS.— handling, or storage. SEED.—Section 358–1(b) of the Act is amended ‘‘(A) IN GENERAL.—In the case of a State (D) LOCATION AND OTHER FACTORS.—The by striking paragraph (8) and inserting the for which the poundage quota allocated to Secretary may make adjustments for loca- following: the State was 10,000 tons or greater for the tion of peanuts and such other factors as are ‘‘(8) TEMPORARY QUOTA ALLOCATION FOR previous year, the owner, or operator with authorized by section 411 of the Agricultural SEED.—For each marketing year and pursu- permission of the owner, of a farm located in Adjustment Act of 1938. ant to regulation, the Secretary shall make the State for which a farm poundage quota (E) ANNOUNCEMENT.—The Secretary shall a temporary allocation of poundage quota, has been established under section 358–1 may announce the level of support for quota pea- for that marketing year only, to each pro- sell all or any part of the farm poundage nuts of each crop not later than February 15 ducer of peanuts on a farm, in addition to quota to any other eligible owner or operator preceding the marketing year for the crop any farm poundage quota established under of a farm within the same State. for which the level of support is being deter- paragraph (1), in a quantity equal to the ‘‘(B) LIMITATIONS.— mined. S 926 CONGRESSIONAL RECORD — SENATE February 6, 1996

(2) ADDITIONAL PEANUTS.— (II) ADDITIONAL PEANUTS.—For additional ensure the coordination of activities under (A) IN GENERAL.—The Secretary shall make peanuts, the net gains over and above the the Peanut Administrative Committee es- price support available to producers through loan indebtedness and other costs or losses tablished under Marketing Agreement No. loans, purchases, or other operations on ad- incurred on peanuts placed in the pool for 146, regulating the quality of domestically ditional peanuts at such levels as the Sec- additional peanuts less any amount allo- produced peanuts (under the Agricultural retary finds appropriate, taking into consid- cated to offset any loss on the pool for quota Marketing Agreement Act of 1937 (7 U.S.C. eration the demand for peanut oil and pea- peanuts as provided in subclause (I). 601 et seq.)); and (4) LOSSES.— nut meal, expected prices of other vegetable (iv) ensure that any changes made in the (A) OTHER PRODUCERS IN SAME POOL.— oils and protein meals, and the demand for price support program as a result of this sub- Losses in an area quota pool shall be offset peanuts in foreign markets, except that the section requiring additional production or Secretary shall set the support rate on addi- by reducing the gain of any producer in the pool by the amount of pool gains attrib- handling at the farm level shall be reflected tional peanuts at a level estimated by the as an upward adjustment in the Department Secretary to ensure that there are no losses utable to the same producer from the sale of of Agriculture loan schedule. to the Commodity Credit Corporation on the additional peanuts for domestic and edible (B) EXPORTS AND OTHER PEANUTS.— sale or disposal of the peanuts. use or export. (B) QUOTA PEANUTS PLACED UNDER LOAN.— (i) IN GENERAL.—The Secretary shall re- (B) ANNOUNCEMENT.—The Secretary shall quire that all peanuts, including peanuts im- announce the level of support for additional Net gains on additional peanuts within an peanuts of each crop not later than February area (other than net gains on additional pea- ported into the United States, meet all Unit- nuts in separate type pools established under 15 preceding the marketing year for the crop ed States quality standards under Marketing paragraph (3)(B)(i) for Valencia peanuts pro- for which the level of support is being deter- Agreement No. 146, regulating the quality of duced in New Mexico) shall be first reduced mined. domestically produced peanuts (under the to the extent of any loss by the Commodity (3) AREA MARKETING ASSOCIATIONS.— Agricultural Adjustment Act (7 U.S.C. 601 et Credit Corporation on quota peanuts placed (A) WAREHOUSE STORAGE LOANS.— seq.), reenacted with amendments by the Ag- under loan in the area, in such manner as the (i) IN GENERAL.—In carrying out sub- ricultural Marketing Agreement Act of 1937), Secretary shall by regulation prescribe. sections (a) and (b), the Secretary shall and that importers of the peanuts fully com- (C) QUOTA LOAN POOLS.— make warehouse storage loans available in ply with inspection, handling, storage, and (i) TRANSFERS FROM ADDITIONAL LOAN each of the three producing areas (described processing requirements implemented under POOLS.—The proceeds due any producer from in section 1446.95 of title 7 of the Code of Fed- any pool shall be reduced by the amount of Marketing Agreement No. 146. eral Regulations (January 1, 1989)) to a des- any loss that is incurred with respect to pea- (ii) EXPORTED PEANUTS.—The Secretary ignated area marketing association of pea- nuts transferred from an additional loan pool shall ensure that peanuts produced for the nut producers that is selected and approved to a quota loan pool by the producer under export market meet quality, inspection, han- by the Secretary and that is operated pri- section 358–1(b)(9) of the Agricultural Adjust- dling, storage, and processing requirements marily for the purpose of conducting the ment Act of 1938 (7 U.S.C. 1358–1(b)(9)). under Marketing Agreement No. 146. loan activities. The Secretary may not make (ii) USE OF MARKETING ASSESSMENTS.—The (7) MARKETING ASSESSMENT.— warehouse storage loans available to any co- Secretary shall use funds collected under (A) IN GENERAL.—The Secretary shall pro- operative that is engaged in operations or paragraph (7) to offset further losses in area vide, by regulation, for a nonrefundable mar- activities concerning peanuts other than quota pools. At the end of each year, the keting assessment equal to 1.2 percent of the those operations and activities specified in Secretary shall transfer to the Treasury the national average quota or additional peanut this section and section 358e of the Agricul- funds collected under paragraph (7) that the tural Adjustment Act of 1938. support rate per pound, as applicable, on all Secretary determines are not required to peanuts sold in the United States during (ii) ADMINISTRATIVE AND SUPERVISORY AC- cover losses in area quota pools. each of the 1996 through 2002 marketing TIVITIES.—The area marketing associations (iii) CROSS COMPLIANCE.—Further losses in years. shall be used in administrative and super- area quota pools, other than losses incurred visory activities relating to price support as a result of transfers from additional loan (B) TREATMENT OF IMPORTED PEANUTS.—For and marketing activities under this section pools to quota loan pools under section 358– the purposes of determining the applicable and section 358e of the Agricultural Adjust- 1(b)(9) of the Agricultural Adjustment Act of assessment rate under this section, imported ment Act of 1938. 1938, shall be offset by any gains or profits peanuts shall be treated as additional pea- (iii) ASSOCIATION COSTS.—Loans made to from pools in other production areas (other nuts. the association under this paragraph shall than separate type pools established under (C) FIRST PURCHASERS.— include, in addition to the price support paragraph (3)(B)(i) for Valencia peanuts pro- (i) DEFINITION OF FIRST PURCHASER.—In this value of the peanuts, such costs as the area duced in New Mexico) in such manner as the clause, the term ‘first purchaser’ means a marketing association reasonably may incur Secretary shall by regulation prescribe. person acquiring peanuts from a producer, or in carrying out its responsibilities, oper- (iv) INCREASED ASSESSMENTS.—If actions a person that imports peanuts, except that ations, and activities under this section and taken under clauses (i) through (iii) are not in the case of peanuts forfeited by a producer section 358e of the Agricultural Adjustment sufficient to cover losses in area pools, the to the Commodity Credit Corporation, the Act of 1938. Secretary shall increase the marketing as- term means the person acquiring the peanuts (B) POOLS FOR QUOTA AND ADDITIONAL PEA- sessment established under paragraph (7) by from the Commodity Credit Corporation. NUTS.— such amount as the Secretary considers nec- (ii) ADMINISTRATION.—Except as provided (i) IN GENERAL.—The Secretary shall re- essary to cover the losses. Amounts collected in clause (iii) and subparagraphs (D) and (E), quire that each area marketing association under paragraph (7) as a result of the in- establish pools and maintain complete and creased assessment shall be retained by the the first purchaser shall— accurate records by area and segregation for Secretary to cover losses in the pool. (I) collect from the producer a marketing quota peanuts handled under loan and for ad- (5) DISAPPROVAL OF QUOTAS.—Notwith- assessment equal to the quantity of peanuts ditional peanuts placed under loan, except standing any other provision of law, no price acquired multiplied by .6 percent of the ap- that separate pools shall be established for support may be made available by the Sec- plicable national average support rate; Valencia peanuts produced in New Mexico. retary for any crop of peanuts with respect (II) pay, in addition to the amount col- Peanuts physically produced outside the to which poundage quotas have been dis- lected under subclause (I), a marketing as- State of New Mexico shall not be eligible for approved by producers, as provided for in sessment in an amount equal to the quantity entry into or participation in the New Mex- section 358–1(d) of the Agricultural Adjust- of peanuts acquired multiplied by .6 percent ico pools. Bright hull and dark hull Valencia ment Act of 1938. of the applicable national average support peanuts shall be considered as separate types (6) QUALITY IMPROVEMENT.— rate; and for the purpose of establishing the pools. (A) PRICE SUPPORT PEANUTS.—With respect (III) remit the amounts required under (ii) NET GAINS.—Net gains on peanuts in to peanuts under price support loan, the Sec- subclauses (I) and (II) to the Commodity each pool, unless otherwise approved by the retary shall— Credit Corporation in a manner specified by Secretary, shall be distributed only to pro- (i) promote the crushing of peanuts at a the Secretary. ducers who placed peanuts in the pool and greater risk of deterioration before peanuts (iii) IMPORTED PEANUTS.—In the case of im- shall be distributed in proportion to the of a lesser risk of deterioration; ported peanuts, the first purchaser shall pay value of the peanuts placed in the pool by (ii) ensure that all Commodity Credit Cor- to the Commodity Credit Corporation, in a each producer. Net gains for peanuts in each poration loan stocks of peanuts sold for do- manner specified by the Secretary, a mar- pool shall consist of the following: mestic edible use must be shown to have keting assessment in an amount equal to the (I) QUOTA PEANUTS.—For quota peanuts, been officially inspected by licensed Depart- the net gains over and above the loan indebt- ment of Agriculture inspectors both as farm- quantity of peanuts acquired multiplied by edness and other costs or losses incurred on er stock and shelled or cleaned in-shell pea- 1.2 percent of the national average support peanuts placed in the pool plus an amount nuts; rate for additional peanuts. from all additional pool gains equal to any (iii) continue to endeavor to operate the (D) OTHER PRIVATE MARKETINGS.—In the loss on disposition of all peanuts in the pool peanut price support program so as to im- case of a private marketing by a producer di- for quota peanuts. prove the quality of domestic peanuts and rectly to a consumer through a retail or February 6, 1996 CONGRESSIONAL RECORD — SENATE S 927 wholesale outlet or in the case of a market- istration, or the head of another appropriate tariff-rate quota established for peanuts ing by the producer outside of the continen- agency of the United States, for chemical under the Harmonized Tariff Schedule of the tal United States, the producer shall be re- residues, general cleanliness, disease, size, United States. sponsible for the full amount of the assess- aflatoxin, stripe virus, and other harmful (B) VERIFICATION.—The Secretary shall es- ment and shall remit the assessment by such conditions, and an assurance of compliance tablish standards and procedures for the pur- time as is specified by the Secretary. with all grade and quality standards speci- pose of verifying the actual peanut content (E) LOAN PEANUTS.—In the case of peanuts fied under Marketing Agreement No. 146, of peanut products imported into the United that are pledged as collateral for a price sup- regulating the quality of domestically pro- States. port loan made under this section, 1⁄2 of the duced peanuts (under the Agricultural Ad- (7) PLANT DISEASES.—The Secretary, in assessment shall be deducted from the pro- justment Act (7 U.S.C. 601 et seq.), reenacted consultation with the heads of other appro- ceeds of the loan. The remainder of the as- with amendments by the Agricultural Mar- priate agencies of the United States, shall sessment shall be paid by the first purchaser keting Agreement Act of 1937). ensure that all peanuts in the domestic edi- of the peanuts. For purposes of computing (C) SEPARATION OF LOTS.—All imported ble market are inspected and tested to en- net gains on peanuts under this section, the peanuts shall be maintained separately from, sure that they are free of all plant diseases. reduction in loan proceeds shall be treated as and shall not be commingled with, domesti- (8) ADMINISTRATION.— having been paid to the producer. cally produced peanuts in the warehouse. (A) FEES.—The Secretary shall by regula- (F) PENALTIES.—If any person fails to col- (D) ORIGIN OF PEANUT PRODUCTS.— tion fix and collect fees and charges to cover lect or remit the reduction required by this (i) LABELING.—A peanut product shall be the costs of any inspection or testing per- subsection or fails to comply with such re- labeled with a label that indicates the origin formed under this title. quirements for recordkeeping or otherwise as of the peanuts contained in the product. (B) CERTIFICATION.— are required by the Secretary to carry out (ii) SOURCE.—No peanut product may con- (i) IN GENERAL.—The Secretary may re- this subsection, the person shall be liable to tain both imported and domestically pro- quire the first seller of peanuts sold in the the Secretary for a civil penalty up to an duced peanuts. United States to certify that the peanuts amount determined by multiplying— (iii) IMPORTED PEANUT PRODUCTS.—The first comply with this title. (i) the quantity of peanuts involved in the seller of an imported peanut product shall (ii) FRAUD AND FALSE STATEMENTS.—Sec- violation; by certify that the product is made from raw tion 1001 of title 18, United States Code, shall (ii) the national average quota peanut peanuts that meet the same quality and apply to a certification made under this price support level for the applicable crop grade standards that apply to domestically title. year. produced peanuts. (C) STANDARDS AND PROCEDURES.—In con- (G) ENFORCEMENT.—The Secretary may en- (E) DOCUMENTATION.—No peanuts or peanut sultation with the heads of other appropriate force this subsection in the courts of the products may be transferred, shipped, or oth- agencies of the United States, the Secretary United States. erwise released from a warehouse described shall establish standards and procedures to (H) USE OF FUNDS.—Funds collected under in subparagraph (A) unless accompanied by a provide for the enforcement of, and ensure this subsection shall be used by the Sec- United States Government inspection cer- compliance with, this title. retary to offset the costs of operating the tificate that certifies compliance with this (D) FAILURE TO MEET STANDARDS.—Peanuts peanut price support program. section. or peanut products that fail to meet stand- (8) CROPS.—Except as provided in para- (2) HANDLING AND STORAGE.— ards established under this title shall be re- graph (7) and notwithstanding any other pro- (A) TEMPERATURE AND HUMIDITY.—The Sec- turned to the seller and exported or crushed vision of law, this section shall be effective retary shall require all shelled peanuts sold pursuant to section 358e(d) of the Agricul- only for the 1996 through 2002 crops of pea- in the United States to be maintained at a tural Adjustment Act of 1938 (7 U.S.C. nuts. temperature of not more than 37 degrees 1359a(d)). (c) ADMINISTRATIVE PROVISIONS.— Fahrenheit and a humidity range of 60 to 68 (9) CHANGE OF VENUE.—In any case in which (1) REPORTS AND RECORDS.—Effective only percent at all times during handling and an area pool or a marketing association for the 1996 through 2002 crops of peanuts, storage prior to sale and shipment. brings, joins, or seeks to join a civil action the first sentence of section 373(a) of the Ag- (B) CONTAINERS.—The peanuts shall be in a United States district court to enforce ricultural Adjustment Act of 1938 (7 U.S.C. shipped in a container that provides the this title, the district court may not transfer 1373(a)) is amended by inserting before ‘‘all maximum practicable protection against the action to any other district or division brokers and dealers in peanuts’’ the follow- moisture and insect infestation. over the objection of the pool or marketing ing: ‘‘all producers engaged in the production (C) IN-SHELL PEANUTS.—The Secretary association. of peanuts,’’. shall require that all in-shell peanuts be re- (2) SUSPENSION OF PERMANENT PROGRAM.— duced to a moisture level not exceeding 10 AMENDMENT NO. 3339 Section 371 of the Agricultural Adjustment percent immediately on being harvested and Strike the section relating to the peanut Act of 1938 (7 U.S.C. 1371) shall not be appli- be stored in a facility that will ensure qual- program and insert the following: cable to the 1996 through 2002 crops of pea- ity maintenance and will provide proper ven- SEC. 106. PEANUT PROGRAM. nuts. tilation at all times prior to sale and ship- (a) PRICE SUPPORT PROGRAM.— (3) ADMINISTRATION.—The first paragraph ment. (1) QUOTA PEANUTS.— of section 32 of the Act entitled ‘‘An Act to (3) LABELING.—The Secretary shall require (A) IN GENERAL.—The Secretary shall make amend the Agricultural Adjustment Act, and that all peanuts and peanut products sold in price support available to producers through for other purposes’’, approved August 24, 1935 the United States contain labeling that lists loans, purchases, and other operations on (7 U.S.C. 612c), is amended— the country or countries in which the pea- quota peanuts for each of the 1996 through (A) in the first sentence, by striking ‘‘30 nuts, including all peanuts used to manufac- 2002 crops. per centum’’ and inserting ‘‘30 percent (or, in ture the peanut products, were produced. (B) SUPPORT RATES.— the case of duties collected with respect to (4) INSPECTION AND TESTING.— (i) IN GENERAL.—Subject to clause (ii), the an import that is subject to a tariff-rate (A) IN GENERAL.—All peanuts and peanut national average quota support rate for each quota, 100 percent)’’; and products sold in the United States shall be of the 1996 through 2002 crops of quota pea- (B) in the second sentence— inspected and tested for grade and quality. nuts shall be the national average quota sup- (i) by striking ‘‘and (3)’’ and inserting (B) CERTIFICATION.—All peanuts or peanut port rate for the immediately preceding ‘‘(3)’’; and products offered for sale in, or imported into, crop, adjusted to reflect any increase or de- (ii) by inserting before the period at the the United States shall be accompanied by a crease, during the calendar year imme- end the following: ‘‘; and (4) offset the costs certification by the first seller or importer diately preceding the marketing year for the of operating a program to provide price sup- that the peanuts or peanut products do not crop for which a level of support is being de- port for domestically produced peanuts’’. contain residues of any pesticide not ap- termined, in the national average cost of (d) PEANUT STANDARDS.— proved for use in, or importation into, the peanut production, excluding any change in (1) INSPECTION; QUALITY ASSURANCE.— United States. the cost of land and the cost of any assess- (A) INITIAL ENTRY.—The Secretary of Agri- (5) NUTRITIONAL LABELING.—The Secretary ments required under paragraph (7). culture (referred to in this title as the ‘‘Sec- shall require all peanuts and peanut products (ii) MAXIMUM RATE.—In no event shall the retary’’) shall require all peanuts and peanut sold in the United States to contain com- national average quota support rate for any products sold in the United States to be ini- plete nutritional labeling information as re- such crop be increased or decreased by more tially placed in a bonded, licensed warehouse quired under the Federal Food, Drug, and than 5 percent of the national average quota approved by the Secretary for the purpose of Cosmetic Act (21 U.S.C. 321 et seq.). support rate for the preceding crop. inspection and grading by the Secretary, the (6) PEANUT CONTENT.— (C) INSPECTION, HANDLING, OR STORAGE.— Commissioner of the Food and Drug Admin- (A) OFFSET AGAINST HTS QUANTITY.—The The level of support determined under sub- istration, and the heads of other appropriate actual quantity of peanuts, by weight, used paragraph (B) shall not be reduced by any de- agencies of the United States. to manufacture, and ultimately contained duction for inspection, handling, or storage. (B) PRELIMINARY INSPECTION.—Peanuts and in, peanut products imported into the United (D) LOCATION AND OTHER FACTORS.—The peanut products shall be held in the ware- States shall be accounted for and offset Secretary may make adjustments for loca- house until inspected by the Secretary, the against the total quantity of peanut imports tion of peanuts and such other factors as are Commissioner of the Food and Drug Admin- allowed under the in-quota quantity of the authorized by section 104(i). S 928 CONGRESSIONAL RECORD — SENATE February 6, 1996

(E) ANNOUNCEMENT.—The Secretary shall (I) QUOTA PEANUTS.—For quota peanuts, sessment shall be made in accordance with announce the level of support for quota pea- the net gains over and above the loan indebt- this paragraph and shall be on a per pound nuts of each crop not later than the Feb- edness and other costs or losses incurred on basis in an amount equal to 1.2 percent of ruary 15 preceding the marketing year for peanuts placed in the pool plus an amount the national average quota or additional pea- the crop for which the level of support is from all additional pool gains equal to any nut support rate per pound, as applicable, for being determined. loss on disposition of all peanuts in the pool the applicable crop. No peanuts shall be as- (2) ADDITIONAL PEANUTS.— for quota peanuts. sessed more than 1.2 percent of the applica- (A) IN GENERAL.—The Secretary shall make (II) ADDITIONAL PEANUTS.—For additional ble support rate under this paragraph. price support available to producers through peanuts, the net gains over and above the (B) FIRST PURCHASERS.— loans, purchases, or other operations on ad- loan indebtedness and other costs or losses (i) IN GENERAL.—Except as provided under ditional peanuts for each of the 1996 through incurred on peanuts placed in the pool for subparagraphs (C) and (D), the first pur- 2002 crops at such levels as the Secretary additional peanuts less any amount allo- chaser of peanuts shall— considers appropriate, taking into consider- cated to offset any loss on the pool for quota (I) collect from the producer a marketing ation the demand for peanut oil and peanut peanuts as provided in subclause (I). assessment equal to the quantity of peanuts meal, expected prices of other vegetable oils (4) LOSSES.—Notwithstanding any other acquired multiplied by .65 percent of the ap- and protein meals, and the demand for pea- provision of this subsection: plicable national average support rate; nuts in foreign markets, except that the Sec- (A) QUOTA PEANUTS PLACED UNDER LOAN.— (II) pay, in addition to the amount col- retary shall set the support rate on addi- Any distribution of net gains on additional lected under subclause (I), a marketing as- tional peanuts at a level estimated by the peanuts (other than net gains on additional sessment in an amount equal to the quantity Secretary to ensure that there are no losses peanuts in separate type pools established of peanuts acquired multiplied by .55 percent to the Commodity Credit Corporation on the under paragraph (3)(B)(i) for Valencia pea- of the applicable national average support sale or disposal of the peanuts. nuts produced in New Mexico) shall be first rate; and (B) ANNOUNCEMENT.—The Secretary shall reduced to the extent of any loss by the (III) remit the amounts required under announce the level of support for additional Commodity Credit Corporation on quota pea- subclauses (I) and (II) to the Commodity peanuts of each crop not later than the Feb- nuts placed under loan. Credit Corporation in a manner specified by ruary 15 preceding the marketing year for (B) QUOTA LOAN POOLS.—Losses in area the Secretary. the crop for which the level of support is quota pools shall be offset by reducing the (ii) DEFINITION.—In this paragraph, the being determined. gain of any producer in the pool by the term ‘‘first purchaser’’ means a person ac- (3) AREA MARKETING ASSOCIATIONS.— amount of pool gains attributed to the pro- quiring peanuts from a producer, except that (A) WAREHOUSE STORAGE LOANS.— ducer from the sale of additional peanuts for in the case of peanuts forfeited by a producer (i) IN GENERAL.—In carrying out para- domestic and export edible use. to the Commodity Credit Corporation, the graphs (1) and (2), the Secretary shall make (5) DISAPPROVAL OF QUOTAS.—Notwith- term means the person acquiring the peanuts warehouse storage loans available in each of standing any other provision of law, no price from the Commodity Credit Corporation. the 3 producing areas described in section support may be made available by the Sec- (C) OTHER PRIVATE MARKETINGS.—In the 1446.95 of title 7, Code of Federal Regulations retary for any crop of peanuts with respect case of a private marketing by a producer di- (as of January 1, 1989), to a designated area to which poundage quotas have been dis- rectly to a consumer through a retail or marketing association of peanut producers approved by producers, as provided for in wholesale outlet or in the case of a market- that is selected and approved by the Sec- section 358–1(d) of the Agricultural Adjust- ing by the producer outside of the continen- retary and that is operated primarily for the ment Act of 1938 (as amended by subsection tal United States, the producer shall be re- purpose of conducting the loan activities. (c)). sponsible for the full amount of the assess- The Secretary may not make warehouse (6) QUALITY IMPROVEMENT.— ment and shall remit the assessment by such storage loans available to any cooperative (A) PRICE SUPPORT PEANUTS.—With respect time as is specified by the Secretary. that is engaged in operations or activities to peanuts under price support loan, the Sec- (D) LOAN PEANUTS.—In the case of peanuts concerning peanuts other than those oper- retary shall— that are pledged as collateral for a price sup- ations and activities specified in this sub- (i) promote the crushing of peanuts at a port loan made under this subsection, 1⁄2 of section and sections 358e of the Agricultural greater risk of deterioration before peanuts the assessment shall be deducted from the Adjustment Act of 1938 (7 U.S.C. 1359a). at a lesser risk of deterioration; proceeds of the loan. The remainder of the (ii) ADMINISTRATIVE AND SUPERVISORY AC- (ii) ensure that all Commodity Credit Cor- assessment shall be paid by the first pur- TIVITIES.—The area marketing associations poration loan stocks of peanuts sold for do- chaser of the peanuts. For the purposes of shall be used in administrative and super- mestic edible use are shown to have been of- computing net gains on peanuts under this visory activities relating to price support ficially inspected by licensed Department of subsection, the reduction in loan proceeds and marketing activities under this sub- Agriculture inspectors both as farmer stock shall be treated as having been paid to the section and sections 358e of the Agricultural and shelled or cleaned in-shell peanuts; producer. Adjustment Act of 1938. (iii) continue to endeavor to operate the (E) PENALTIES.—If any person fails to col- (iii) ASSOCIATION COSTS.—Loans made to an peanut price support program so as to im- lect or remit the reduction required by this area marketing association under this sub- prove the quality of domestic peanuts and paragraph or fails to comply with such re- paragraph shall include, in addition to the ensure the coordination of activities under quirements for recordkeeping or otherwise as price support value of the peanuts, such the Peanut Administrative Committee es- are required by the Secretary to carry out costs as the association reasonably may tablished under Marketing Agreement No. this paragraph, the person shall be liable to incur in carrying out the responsibilities, op- 146, regulating the quality of domestically erations, and activities of the association produced peanuts (under the Agricultural the Secretary for a civil penalty up to an under this subsection and sections 358e of the Adjustment Act (7 U.S.C. 601 et seq.), reen- amount determined by multiplying— Agricultural Adjustment Act of 1938. acted with amendments by the Agricultural (i) the quantity of peanuts involved in the violation; by (B) POOLS FOR QUOTA AND ADDITIONAL PEA- Marketing Agreement Act of 1937); and (ii) the national average quota peanut NUTS.— (iv) ensure that any changes made in the price support level for the applicable crop (i) IN GENERAL.—The Secretary shall re- price support program as a result of this quire that each area marketing association paragraph requiring additional production or year. establish pools and maintain complete and handling at the farm level are reflected as an (F) ENFORCEMENT.—The Secretary may en- accurate records by area and segregation for upward adjustment in the Department of Ag- force this paragraph in the courts of the quota peanuts handled under loan and for ad- riculture loan schedule. United States. (8) CROPS.—Notwithstanding any other pro- ditional peanuts placed under loan, except (B) EXPORTS AND OTHER PEANUTS.—The that separate pools shall be established for Secretary shall require that all peanuts, in- vision of law, this subsection shall be effec- Valencia peanuts produced in New Mexico. cluding peanuts imported into the United tive only for the 1996 through 2002 crops of Peanuts produced outside New Mexico shall States, meet all United States quality stand- peanuts. (b) SUSPENSION OF MARKETING QUOTAS AND not be eligible for entry into or participation ards under Marketing Agreement No. 146 and ACREAGE ALLOTMENTS.—Section 371 of the in the separate pools established for Valen- that importers of the peanuts fully comply Agricultural Adjustment Act of 1938 (7 U.S.C. cia peanuts produced in New Mexico. Bright with inspection, handling, storage, and proc- 1371) shall not be applicable to the 1996 hull and dark hull Valencia peanuts shall be essing requirements implemented under through 2002 crops of peanuts. considered as separate types for the purpose Marketing Agreement No. 146. The Secretary (c) NATIONAL POUNDAGE QUOTAS AND ACRE- of establishing the pools. shall ensure that peanuts produced for the AGE ALLOTMENTS.—Section 358–1 of the Agri- (ii) NET GAINS.—Net gains on peanuts in export market meet quality, inspection, han- cultural Adjustment Act of 1938 (7 U.S.C. each pool, unless otherwise approved by the dling, storage, and processing requirements 1358–1) is amended to read as follows: Secretary, shall be distributed only to pro- under Marketing Agreement No. 146. ‘‘SEC. 358–1. NATIONAL POUNDAGE QUOTAS AND ducers who placed peanuts in the pool and (7) MARKETING ASSESSMENT.— ACREAGE ALLOTMENTS FOR 1996 shall be distributed in proportion to the (A) IN GENERAL.—The Secretary shall pro- THROUGH 2002 CROPS OF PEANUTS. value of the peanuts placed in the pool by vide, by regulation, for a nonrefundable mar- ‘‘(a) NATIONAL POUNDAGE QUOTAS.— each producer. Net gains for peanuts in each keting assessment applicable to each of the ‘‘(1) ESTABLISHMENT.—The national pound- pool shall consist of the following: 1996 through 2002 crops of peanuts. The as- age quota for peanuts for each of the 1996 February 6, 1996 CONGRESSIONAL RECORD — SENATE S 929 through 2002 marketing years shall be estab- immediately preceding crop years, as deter- for any of the 1996 through 2002 marketing lished by the Secretary at a level that is mined by the Secretary. years shall be reduced to the extent that the equal to the quantity of peanuts (in tons) ‘‘(B) TEMPORARY QUOTA ALLOCATION.— Secretary determines that the farm pound- that the Secretary estimates will be devoted ‘‘(i) IN GENERAL.—Subject to clause (iv), age quota established for the farm for any 2 in each such marketing year to domestic edi- temporary allocation of a poundage quota of the 3 marketing years preceding the mar- ble and related uses, excluding seed. The for the marketing year in which a crop of keting year for which the determination is Secretary shall include in the annual esti- peanuts is planted shall be made to produc- being made was not produced, or considered mate of domestic edible and related uses, the ers for each of the 1996 through 2002 market- produced, on the farm. estimated quantity of peanuts and peanut ing years in accordance with this subpara- ‘‘(B) EXCLUSIONS.—For the purposes of this products to be imported into the United graph. paragraph, the farm poundage quota for any States for the marketing year for which the ‘‘(ii) QUANTITY.—The temporary quota allo- such preceding marketing year shall not in- quota is being established. cation shall be equal to the quantity of seed clude any increase resulting from the alloca- ‘‘(2) ANNOUNCEMENT.—The national pound- peanuts (in pounds) planted on a farm, as de- tion of quotas voluntarily released for 1 year age quota for a marketing year shall be an- termined in accordance with regulations is- under paragraph (7). nounced by the Secretary not later than the sued by the Secretary. ‘‘(4) QUOTA CONSIDERED PRODUCED.— ‘‘(iii) ALLOCATION.—The allocation of quota December 15 preceding the marketing year. ‘‘(A) IN GENERAL.—For purposes of this sub- ‘‘(3) APPORTIONMENT AMONG STATES.—The pounds to producers under this subparagraph section, subject to subparagraph (B), the national poundage quota established under shall be performed in such a manner as will farm poundage quota shall be considered pro- not result in a net decrease in quota pounds paragraph (1) shall be apportioned among the duced on a farm if— on a farm in excess of 3 percent, after the States so that the poundage quota allocated ‘‘(i) the farm poundage quota was not pro- temporary seed quota is added, from the to each State is equal to the percentage of duced on the farm because of drought, flood, basic farm quota for the 1995 marketing the national poundage quota allocated to or any other natural disaster, or any other year. A decrease shall occur only once, shall farms in the State for 1995. condition beyond the control of the pro- be applicable only to the 1996 marketing ‘‘(b) FARM POUNDAGE QUOTAS.— ducer, as determined by the Secretary; year. ‘‘(1) IN GENERAL.— ‘‘(ii) the farm poundage quota for the farm ‘‘(iv) NO INCREASED COSTS.—The Secretary ‘‘(A) ESTABLISHMENT.—A farm poundage may carry out this subparagraph only if this was released voluntarily under paragraph (7) quota for each of the 1996 through 2002 mar- subparagraph does not result in— for only 1 of the 3 marketing years imme- keting years shall be established— ‘‘(I) an increased cost to the Commodity diately preceding the marketing year for ‘‘(i) for each farm that had a farm pound- Credit Corporation through displacement of which the determination is being made; or age quota for peanuts for the 1995 marketing quota peanuts by additional peanuts in the ‘‘(iii) the farm poundage quota was leased year; domestic market; to another owner or operator of a farm with- ‘‘(ii) if the poundage quota apportioned to ‘‘(II) an increased loss in a loan pool of an in the same county for transfer to the farm a State under subsection (a)(3) for any such area marketing association designated pur- for only 1 of the 3 marketing years imme- marketing year is larger than the quota for suant to section 106(a)(3)(A) of the Agricul- diately preceding the marketing year for the immediately preceding marketing year, tural Market Transition Act; or which the determination is being made. for each other farm on which peanuts were ‘‘(III) other increased costs. ‘‘(B) MARKETING YEARS.—For purposes of produced for marketing in at least 2 of the 3 ‘‘(v) USE OF QUOTA AND ADDITIONAL PEA- clauses (ii) and (iii) of subparagraph (A)— immediately preceding crop years, as deter- NUTS.—Nothing in this subparagraph affects ‘‘(i) the farm poundage quota leased or mined by the Secretary; and the requirements of section 358b(b). transferred shall be considered produced for ‘‘(iii) as approved and determined by the ‘‘(vi) ADDITIONAL ALLOCATION.—The tem- only 1 of the 3 marketing years immediately Secretary under section 358c, for each farm porary allocation of quota pounds under this preceding the marketing year for which the on which peanuts are produced in connection subparagraph shall be in addition to the determination is being made; and with experimental and research programs. farm poundage quota established under this ‘‘(ii) the farm shall not be considered to ‘‘(B) QUANTITY.— subsection and shall be credited to the pro- have produced for more than 1 marketing ‘‘(i) IN GENERAL.—The farm poundage quota ducers of the peanuts on the farm in accord- year out of the 3 immediately preceding for each of the 1996 through 2002 marketing ance with regulations issued by the Sec- marketing years. years for each farm described in subpara- retary. ‘‘(5) QUOTA PERMANENTLY RELEASED.—Not- graph (A)(i) shall be the same as the farm ‘‘(C) DECREASE.—If the poundage quota ap- withstanding any other provision of law— poundage quota for the farm for the imme- portioned to a State under subsection (a)(3) ‘‘(A) the farm poundage quota established diately preceding marketing year, as ad- for any of the 1996 through 2002 marketing for a farm under this subsection, or any part justed under paragraph (2), but not including years is decreased from the poundage quota of the quota, may be permanently released any increases resulting from the allocation apportioned to farms in the State under sub- by the owner of the farm, or the operator of quotas voluntarily released for 1 year section (a)(3) for the immediately preceding with the permission of the owner; and under paragraph (7). marketing year, the decrease shall be allo- ‘‘(B) the poundage quota for the farm for ‘‘(ii) INCREASED QUOTA.—The farm pound- cated among all the farms in the State for which the quota is released shall be adjusted age quota, if any, for each of the 1996 which a farm poundage quota was estab- downward to reflect the quota that is re- through 2002 marketing years for each farm lished for the marketing year immediately leased. described in subparagraph (A)(ii) shall be preceding the marketing year for which the ‘‘(6) ALLOCATION OF QUOTAS REDUCED OR RE- equal to the quantity of peanuts allocated to allocation is being made. LEASED.— the farm for the year under paragraph (2). ‘‘(D) SPECIAL RULE ON TENANT’S SHARE OF ‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) TRANSFERS.—For purposes of this sub- INCREASED QUOTA.—Subject to terms and con- subparagraph (B), the total quantity of the section, if the farm poundage quota, or any ditions prescribed by the Secretary, on farms farm poundage quotas reduced or voluntarily part of the quota, is permanently transferred that were leased to a tenant for peanut pro- released from farms in a State for any mar- in accordance with section 358b, the receiv- duction, the tenant shall share equally with keting year under paragraphs (3) and (5) ing farm shall be considered as possessing the owner of the farm in the percentage of shall be allocated, as the Secretary may by the farm poundage quota (or portion of the the quota made available under subpara- regulation prescribe, to other farms in the quota) of the transferring farm for all subse- graph (A) and otherwise allocated to the State on which peanuts were produced in at quent marketing years. farm as the result of the production of the least 2 of the 3 crop years immediately pre- ‘‘(2) ADJUSTMENTS.— tenant on the farm of additional peanuts. ceding the year for which the allocation is ‘‘(A) ALLOCATION OF INCREASED QUOTA GEN- Not later than April 1 of each year or as soon being made. ERALLY.—Subject to subparagraphs (B) and as practicable during the year, the share of ‘‘(B) SET-ASIDE FOR FARMS WITH NO (D), if the poundage quota apportioned to a the tenant of any such quota shall be allo- QUOTA.—The total amount of farm poundage State under subsection (a)(3) for any of the cated to a farm within the county owned by quota to be allocated in the State under sub- 1996 through 2002 marketing years is in- the tenant or sold by the tenant to the owner paragraph (A) shall be allocated to farms in creased over the poundage quota apportioned of any farm within the county and perma- the State for which no farm poundage quota to farms in the State for the immediately nently transferred to the farm. Any quota was established for the crop of the imme- preceding marketing year, the increase shall not so disposed of as provided in this sub- diately preceding year. The allocation to any be allocated proportionately, based on farm paragraph shall be allocated to other quota such farm shall not exceed the average farm production history for peanuts for the 3 im- farms in the State under paragraph (6) as production of peanuts for the 3 immediately mediately preceding years, among— part of the quota reduced from farms in the preceding years during which peanuts were ‘‘(i) all farms in the State for which a farm State due to the failure to produce the produced on the farm. Any farm poundage poundage quota was established for the mar- quota. quota remaining after allocation to farms keting year immediately preceding the mar- ‘‘(3) QUOTA NOT PRODUCED.— under this subparagraph shall be allocated to keting year for which the allocation is being ‘‘(A) IN GENERAL.—Insofar as practicable farms in the State on which poundage quotas made; and and on such fair and equitable basis as the were established for the crop of the imme- ‘‘(ii) all other farms in the State on which Secretary may by regulation prescribe, the diately preceding year. peanuts were produced in at least 2 of the 3 farm poundage quota established for a farm ‘‘(7) QUOTA TEMPORARILY RELEASED.— S 930 CONGRESSIONAL RECORD — SENATE February 6, 1996

‘‘(A) IN GENERAL.—The farm poundage marketings of quota peanuts from the farm ‘‘(2) TRANSFERS TO OTHER SELF-OWNED quota, or any portion of the quota, estab- for the year; and FARMS.—The owner or operator of a farm lished for a farm for a marketing year may ‘‘(B) all peanuts marketed from a farm for may transfer all or any part of the farm be voluntarily released to the Secretary to which no farm poundage quota has been es- poundage quota for the farm to any other the extent that the quota, or any part of the tablished in accordance with subsection (b). farm owned or controlled by the owner or op- quota, will not be produced on the farm for ‘‘(2) CRUSH.—The term ‘crush’ means the erator that is in the same State and that had the marketing year. Any farm poundage processing of peanuts to extract oil for food a farm poundage quota for the crop of the quota so released in a State shall be allo- uses and meal for feed uses, or the processing preceding year, if both the transferring and cated to other farms in the State on such of peanuts by crushing or otherwise when au- receiving farms were under the control of the basis as the Secretary may by regulation thorized by the Secretary. owner or operator for at least 3 crop years prescribe. ‘‘(3) DOMESTIC EDIBLE USE.—The term ‘do- prior to the crop year in which the farm ‘‘(B) EFFECTIVE PERIOD.—Except as other- mestic edible use’ means use for milling to poundage quota is to be transferred. Any wise provided in this section, any adjust- produce domestic food peanuts (other than a farm poundage quota transferred under this ment in the farm poundage quota for a farm use described in paragraph (2)) and seed and paragraph shall not result in any reduction under subparagraph (A) shall be effective use on a farm, except that the Secretary in the farm poundage quota for the transfer- only for the marketing year for which the may exempt from this paragraph seeds of ring farm if sufficient acreage is planted on adjustment is made and shall not be taken peanuts that are used to produce peanuts ex- the receiving farm to produce the quota into consideration in establishing a farm cluded under section 301(b)(18), are unique pounds transferred. poundage quota for the farm from which the strains, and are not commercially available. ‘‘(3) TRANSFERS IN STATES WITH SMALL quota was released for any subsequent mar- ‘‘(4) QUOTA PEANUTS.—The term ‘quota pea- QUOTAS.—In the case of any State for which keting year. nuts’ means, for any marketing year, any the poundage quota allocated to the State ‘‘(c) FARM YIELDS.— peanuts produced on a farm having a farm was less than 10,000 tons for the crop of the ‘‘(1) IN GENERAL.—For each farm for which poundage quota, as determined under sub- preceding year, all or any part of a farm a farm poundage quota is established under section (b), that— poundage quota may be transferred by sale subsection (b), and when necessary for pur- ‘‘(A) are eligible for domestic edible use as or lease or otherwise from a farm in 1 county poses of this Act, a farm yield of peanuts determined by the Secretary; to a farm in another county in the same shall be determined for each such farm. ‘‘(B) are marketed or considered marketed State. ‘‘(2) QUANTITY.—The yield shall be equal to from a farm; and ‘‘(4) TRANSFERS BY SALE IN STATES HAVING the average of the actual yield per acre on ‘‘(C) do not exceed the farm poundage QUOTAS OF 10,000 TONS OR MORE.— the farm for each of the 3 crop years in quota of the farm for the year. ‘‘(A) IN GENERAL.—Subject to the other which yields were highest on the farm during provisions of this paragraph and such terms ‘‘(f) CROPS.—Notwithstanding any other the 5-year period consisting of the 1973 and conditions as the Secretary may pre- provision of law, this section shall be effec- through 1977 crop years. scribe, the owner, or operator with the per- tive only for the 1996 through 2002 crops of ‘‘(3) APPRAISED YIELDS.—If peanuts were mission of the owner, of any farm for which peanuts.’’. not produced on the farm in at least 3 years a farm quota has been established under this ALE, LEASE, OR TRANSFER OF FARM during the 5-year period or there was a sub- (d) S Act in a State having a poundage quota of stantial change in the operation of the farm POUNDAGE QUOTA.—Section 358b of the Agri- 10,000 tons or more may sell poundage quota during the period (including a change in op- cultural Adjustment Act of 1938 (7 U.S.C. to any other eligible owner or operator of a erator, lessee who is an operator, or irriga- 1358b) is amended to read as follows: farm within the same State. tion practices), the Secretary shall have a ‘‘SEC. 358b. SALE, LEASE, OR TRANSFER OF FARM ‘‘(B) LIMITATIONS BASED ON TOTAL POUND- yield appraised for the farm. The appraised POUNDAGE QUOTA FOR 1996 AGE QUOTA.— THROUGH 2000 CROPS OF PEANUTS. yield shall be that quantity determined to be ‘‘(i) 1996 MARKETING YEAR.—Not more than fair and reasonable on the basis of yields es- ‘‘(a) IN GENERAL.— 15 percent of the total poundage quota with- tablished for similar farms that are located ‘‘(1) AUTHORITY.— in a county as of January 1, 1996, may be sold in the area of the farm and on which peanuts ‘‘(A) IN GENERAL.—Subject to such terms, and transferred under this paragraph during were produced, taking into consideration conditions, or limitations as the Secretary the 1996 marketing year. land, labor, and equipment available for the may prescribe, the owner, or operator with ‘‘(ii) 1997–2002 MARKETING YEARS.— production of peanuts, crop rotation prac- the permission of the owner, of any farm for ‘‘(I) IN GENERAL.—Except as provided in tices, soil and water, and other relevant fac- which a farm poundage quota has been estab- subclause (II), not more than 5 percent of the tors. lished under this Act may sell or lease all or quota pounds remaining in a county as of ‘‘(d) REFERENDUM RESPECTING POUNDAGE any part of the poundage quota to any other January 1, 1997, and each January 1 there- QUOTAS.— owner or operator of a farm within the same after through January 1, 2002, may be sold ‘‘(1) IN GENERAL.—Not later than December county for transfer to the farm, except that and transferred under this paragraph during 15 of each calendar year, the Secretary shall any such lease of poundage quota may be en- the applicable marketing year. conduct a referendum of producers engaged tered into in the fall or after the normal ‘‘(II) CARRYOVER.—Any eligible quota that in the production of quota peanuts in the planting season— is not sold or transferred under clause (i) calendar year in which the referendum is ‘‘(i) if not less than 90 percent of the basic shall be eligible for sale or transfer under held to determine whether the producers are quota (consisting of the farm quota and tem- subclause (I). in favor of or opposed to poundage quotas porary quota transfers), plus any poundage ‘‘(C) COUNTY LIMITATION.—Not more than 40 with respect to the crops of peanuts pro- quota transferred to the farm under this sub- percent of the total poundage quota within a duced in the 5 calendar years immediately section, has been planted or considered county may be sold and transferred under following the year in which the referendum planted on the farm from which the quota is this paragraph. is held, except that, if at least 2⁄3 of the pro- to be leased; and ‘‘(D) SUBSEQUENT LEASES OR SALES.—Quota ducers voting in any referendum vote in ‘‘(ii) under such terms and conditions as pounds sold and transferred to a farm under favor of poundage quotas, no referendum the Secretary may by regulation prescribe. this paragraph may not be leased or sold by shall be held with respect to quotas for the ‘‘(B) FALL TRANSFERS.— the farm to another owner or operator of a remaining years of the 5-calendar year pe- ‘‘(i) NO TRANSFER AUTHORIZATION.—In the farm within the same State for a period of 5 riod. case of a fall transfer or a transfer after the years following the date of the original ‘‘(2) PROCLAMATION.—The Secretary shall normal planting season by a cash lessee, the transfer to the farm. proclaim the result of the referendum within landowner shall not be required to sign the ‘‘(E) APPLICATION.—This paragraph shall 30 days after the date on which the referen- transfer authorization. not apply to a sale within the same county dum is held. ‘‘(ii) TIME LIMITATION.—A fall transfer or a or to any sale, lease, or transfer described in ‘‘(3) VOTE AGAINST QUOTAS.—If more than 1⁄3 transfer after the normal planting season paragraph (1). of the producers voting in the referendum may be made not later than 72 hours after ‘‘(b) CONDITIONS.—Transfers (including vote against poundage quotas, the Secretary the peanuts that are the subject of the trans- transfer by sale or lease) of farm poundage shall proclaim that poundage quotas will not fer are inspected and graded. quotas under this section shall be subject to be in effect with respect to the crop of pea- ‘‘(iii) LESSEES.—In the case of a fall trans- all of the following conditions: nuts produced in the calendar year imme- fer, poundage quota from a farm may be ‘‘(1) LIENHOLDERS.—No transfer of the farm diately following the calendar year in which leased to an owner or operator of another poundage quota from a farm subject to a the referendum is held. farm within the same county or to an owner mortgage or other lien shall be permitted ‘‘(e) DEFINITIONS.—In this part and the Ag- or operator of another farm in any other unless the transfer is agreed to by the ricultural Market Transition Act: county within the State. lienholders. ‘‘(1) ADDITIONAL PEANUTS.—The term ‘addi- ‘‘(iv) EFFECT OF TRANSFER.—A fall transfer ‘‘(2) TILLABLE CROPLAND.—No transfer of tional peanuts’ means, for any marketing of poundage quota shall not affect the farm the farm poundage quota shall be permitted year— quota history for the transferring or receiv- if the county committee established under ‘‘(A) any peanuts that are marketed from a ing farm and shall not result in the reduc- section 8(b) of the Soil Conservation and Do- farm for which a farm poundage quota has tion of the farm poundage quota on the mestic Allotment Act (16 U.S.C. 590h(b)) de- been established and that are in excess of the transferring farm. termines that the receiving farm does not February 6, 1996 CONGRESSIONAL RECORD — SENATE S 931

have adequate tillable cropland to produce planted acres, a quantity of peanuts equal to ‘‘(i) TYPES OF EXPORTED OR CRUSHED PEA- the farm poundage quota. the greater of the average or actual yield of NUTS.—Handlers of shelled or milled peanuts ‘‘(3) RECORD.—No transfer of the farm the farm, as determined by the Secretary, may export or crush peanuts classified by poundage quota shall be effective until a multiplied by the number of planted acres, type in each of the following quantities: record of the transfer is filed with the coun- shall be deemed to have been marketed in ‘‘(I) SOUND SPLIT KERNEL PEANUTS.—Sound ty committee of each county to, and from, violation of permissible uses of quota and ad- split kernel peanuts purchased by the han- which the transfer is made and each commit- ditional peanuts. Any penalty payable under dler as additional peanuts to which, under tee determines that the transfer complies this paragraph shall be paid and remitted by price support loan schedules, a mandated de- with this section. the producer. duction with respect to the price paid to the ‘‘(4) OTHER TERMS.—The Secretary may es- ‘‘(6) UNINTENTIONAL VIOLATIONS.—The Sec- producer of the peanuts would be applied due tablish by regulation other terms and condi- retary shall authorize, under such regula- to the percentage of the sound splits. tions. tions as the Secretary shall issue, the county ‘‘(II) SOUND MATURE KERNEL PEANUTS.— ‘‘(c) CROPS.—Notwithstanding any other committees established under section 8(b) of Sound mature kernel peanuts (which term provision of law, this section shall be effec- the Soil Conservation and Domestic Allot- includes sound split kernel peanuts and tive only for the 1996 through 2000 crops of ment Act (16 U.S.C. 590h(b)) to waive or re- sound whole kernel peanuts) in an amount peanuts.’’. duce marketing penalties provided for under (e) MARKETING PENALTIES; DISPOSITION OF equal to the poundage of the peanuts pur- this subsection in cases with respect to chased by the handler as additional peanuts, ADDITIONAL PEANUTS.—Section 358e of the which the committees determine that the Agricultural Adjustment Act of 1938 (7 U.S.C. less the total poundage of sound split kernel violations that were the basis of the pen- peanuts described in subclause (I). 1359a) is amended to read as follows: alties were unintentional or without knowl- ‘‘(III) REMAINDER.—The remaining quan- ‘‘SEC. 358e. MARKETING PENALTIES AND DISPOSI- edge on the part of the parties concerned. TION OF ADDITIONAL PEANUTS FOR tity of total kernel content of peanuts pur- ‘‘(7) DE MINIMIS VIOLATIONS.—An error in 1996 THROUGH 2002 CROPS OF PEA- chased by the handler as additional peanuts. weight that does not exceed 1⁄10 of 1 percent NUTS. ‘‘(ii) DOCUMENTATION.—Handlers shall en- in the case of any 1 marketing document ‘‘(a) MARKETING PENALTIES.— sure that any additional peanuts exported or shall not be considered to be a marketing ‘‘(1) IN GENERAL.— crushed are evidenced by onboard bills of violation except in a case of fraud or conspir- ‘‘(A) MARKETING PEANUTS IN EXCESS OF lading or other appropriate documentation acy. QUOTA.—The marketing of any peanuts for as may be required by the Secretary, or domestic edible use in excess of the farm ‘‘(b) USE OF QUOTA AND ADDITIONAL PEA- both. NUTS.— poundage quota for the farm on which the ‘‘(iii) LOSS OF PEANUTS.—If a handler suf- ‘‘(1) QUOTA PEANUTS.—Only quota peanuts peanuts are produced shall be subject to a fers a loss of peanuts as a result of fire, may be retained for use as seed or for other penalty at a rate equal to 140 percent of the flood, or any other condition beyond the con- uses on a farm. When peanuts are so re- support price for quota peanuts for the mar- trol of the handler, the portion of the loss al- tained, the retention shall be considered as keting year in which the marketing occurs. located to contracted additional peanuts marketings of quota peanuts, except that the The penalty shall not apply to the market- shall not be greater than the portion of the Secretary may exempt from consideration as ing of breeder or Foundation seed peanuts total peanut purchases of the handler for the marketings of quota peanuts seeds of pea- grown and marketed by a publicly owned ag- year attributable to contracted additional nuts for the quantity involved that are used ricultural experiment station (including a peanuts purchased for export or crushing by to produce peanuts excluded under section State operated seed organization) under such the handler during the year. regulations as the Secretary may prescribe. 301(b)(18), are unique strains, and are not ‘‘(iv) SHRINKAGE ALLOWANCE.— ‘‘(B) MARKETING YEAR.—For purposes of commercially available. ‘‘(I) IN GENERAL.—The obligation of a han- ‘‘(2) ADDITIONAL PEANUTS.—Additional pea- this section, the marketing year for peanuts dler to export or crush peanuts in quantities shall be the 12-month period beginning Au- nuts shall not be retained for use on a farm described in this subparagraph shall be re- gust 1 and ending July 31. and shall not be marketed for domestic edi- duced by a shrinkage allowance, to be deter- ‘‘(C) MARKETING ADDITIONAL PEANUTS.—The ble use, except as provided in subsection (g). mined by the Secretary, to reflect actual marketing of any additional peanuts from a ‘‘(3) SEED.—Except as provided in para- dollar value shrinkage experienced by han- farm shall be subject to the same penalty as graph (1), seed for planting of any peanut dlers in commercial operations, except that the penalty prescribed in subparagraph (A) acreage in the United States shall be ob- the allowance shall not be less than 4 per- unless the peanuts, in accordance with regu- tained solely from quota peanuts marketed cent, except as provided in subclause (II). lations established by the Secretary, are— or considered marketed for domestic edible ‘‘(II) COMMON INDUSTRY PRACTICES.—The ‘‘(i) placed under loan at the additional use. Secretary may provide a lower shrinkage al- loan rate in effect for the peanuts under sec- ‘‘(c) MARKETING PEANUTS WITH EXCESS lowance for a handler who fails to comply tion 106 of the Agricultural Market Transi- QUANTITY, GRADE, OR QUALITY.—On a finding tion Act and not redeemed by the producers; by the Secretary that the peanuts marketed with restrictions on the use of peanuts, as ‘‘(ii) marketed through an area marketing from any crop for domestic edible use by a may be specified by the Commodity Credit association designated pursuant to section handler are larger in quantity or higher in Corporation, to take into account common 106(a)(3)(A) of the Agricultural Market Tran- grade or quality than the peanuts that could industry practices. sition Act; or reasonably be produced from the quantity of ‘‘(3) ADEQUATE FINANCES AND FACILITIES.—A ‘‘(iii) marketed under contracts between peanuts having the grade, kernel content, handler shall submit to the Secretary ade- handlers and producers pursuant to sub- and quality of the quota peanuts acquired by quate financial guarantees, as well as evi- section (f). the handler from the crop for the marketing dence of adequate facilities and assets, with ‘‘(2) PAYER.—The penalty shall be paid by year, the handler shall be subject to a pen- respect to the facilities under the control the person who buys or otherwise acquires alty equal to 140 percent of the loan level for and operation of the handler, to ensure the the peanuts from the producer or, if the pea- quota peanuts on the quantity of peanuts compliance of the handler with the obliga- nuts are marketed by the producer through that the Secretary determines are in excess tion to export peanuts. an agent, the penalty shall be paid by the of the quantity, grade, or quality of the pea- ‘‘(4) COMMINGLING OF LIKE PEANUTS.—Quota agent. The person or agent may deduct an nuts that could reasonably have been pro- and additional peanuts of like type and seg- amount equivalent to the penalty from the duced from the peanuts so acquired. regation or quality may, under regulations price paid to the producer. ‘‘(d) HANDLING AND DISPOSAL OF ADDI- issued by the Secretary, be commingled and ‘‘(3) FAILURE TO COLLECT.—If the person re- TIONAL PEANUTS.— exchanged on a dollar value basis to facili- quired to collect the penalty fails to collect ‘‘(1) IN GENERAL.—Except as provided in tate warehousing, handling, and marketing. the penalty, the person and all persons enti- paragraph (2), the Secretary shall require ‘‘(5) PENALTY.— tled to share in the peanuts marketed from that the handling and disposal of additional ‘‘(A) IN GENERAL.—Except as provided in the farm or the proceeds of the marketing peanuts be supervised by agents of the Sec- subparagraph (B), the failure by a handler to shall be jointly and severally liable with the retary or by area marketing associations comply with regulations issued by the Sec- persons who failed to collect the penalty for designated pursuant to section 106(a)(3)(A) of retary governing the disposition and han- the amount of the penalty. the Agricultural Market Transition Act. dling of additional peanuts shall subject the ‘‘(4) APPLICATION OF QUOTA.—Peanuts pro- ‘‘(2) NONSUPERVISION OF HANDLERS.— handler to a penalty at a rate equal to 140 duced in a calendar year in which farm ‘‘(A) IN GENERAL.—Supervision of the han- percent of the loan level for quota peanuts poundage quotas are in effect for the mar- dling and disposal of additional peanuts by a on the quantity of peanuts involved in the keting year beginning in the calendar year handler shall not be required under para- violation. shall be subject to the quotas even though graph (1) if the handler agrees in writing, ‘‘(B) NONDELIVERY.—A handler shall not be the peanuts are marketed prior to the date prior to any handling or disposal of the pea- subject to a penalty for failure to export ad- on which the marketing year begins. nuts, to comply with regulations that the ditional peanuts if the peanuts were not de- ‘‘(5) FALSE INFORMATION.—If any producer Secretary shall issue. livered to the handler. falsely identifies, fails to accurately certify ‘‘(B) REGULATIONS.—The regulations issued ‘‘(6) REENTRY OF EXPORTED PEANUTS.— planted acres, or fails to account for the dis- by the Secretary under subparagraph (A) ‘‘(A) PENALTY.—If any additional peanuts position of any peanuts produced on the shall include the following provisions: or peanut products exported by a handler are S 932 CONGRESSIONAL RECORD — SENATE February 6, 1996 reentered into the United States in commer- retary, the area marketing association), Act, the Secretary shall, in any determina- cial quantities as determined by the Sec- such information as may be required under tion required under paragraphs (1)(B) and retary, the importer of the peanuts and pea- subsection (d) by such date as is prescribed (2)(A) of section 106(a) of the Agricultural nut products shall be subject to a penalty at by the Secretary so as to permit final action Market Transition Act, include any addi- a rate equal to 140 percent of the loan level to be taken on the application by July 1 of tional marketing expenses required by law, for quota peanuts on the quantity of peanuts each marketing year. excluding the amount of any assessment re- reentered. ‘‘(5) TERMS.—Each such contract shall con- quired under section 106(a)(7) of the Agricul- ‘‘(B) RECORDS.—Each person, firm, or han- tain the final price to be paid by the handler tural Market Transition Act. dler who imports peanuts into the United for the peanuts involved and a specific prohi- ‘‘(h) ADMINISTRATION.— States shall maintain such records and docu- bition against the disposition of the peanuts ‘‘(1) INTEREST.—The person liable for pay- ments as are required by the Secretary to for domestic edible or seed use. ment or collection of any penalty provided ensure compliance with this subsection. ‘‘(6) SUSPENSION OF RESTRICTIONS ON IM- for in this section shall be liable also for in- ‘‘(e) SPECIAL EXPORT CREDITS.— PORTED PEANUTS.—Notwithstanding any terest on the penalty at a rate per annum ‘‘(1) IN GENERAL.—The Secretary shall, other provision of this Act, if the President equal to the rate per annum of interest that with due regard for the integrity of the pea- issues a proclamation under section 404(b) of was charged the Commodity Credit Corpora- nut program, promulgate regulations that the Uruguay Round Agreements Act (19 tion by the Treasury of the United States on will permit any handler of peanuts who man- U.S.C. 3601(b)) expanding the quantity of pea- the date the penalty became due. ufactures peanut products from domestic ed- nuts subject to the in-quota rate of duty ‘‘(2) DE MINIMIS QUANTITY.—This section ible peanuts to export the products and re- under a tariff-rate quota, or under section 22 shall not apply to peanuts produced on any ceive credit for the fulfillment of export obli- of the Agricultural Adjustment Act (7 U.S.C. farm on which the acreage harvested for pea- gations for the peanut content of the prod- 624), reenacted with amendments by the Ag- nuts is 1 acre or less if the producers who ucts against which export credit the handler ricultural Marketing Agreement Act of 1937, share in the peanuts produced on the farm do may subsequently apply, up to the amount of temporarily suspending restrictions on the not share in the peanuts produced on any the credit, equivalent quantities of addi- importation of peanuts, the Secretary shall, other farm. tional peanuts of the same type acquired by subject to such terms and conditions as the ‘‘(3) LIENS.—Until the amount of the pen- the handler and used in the domestic edible Secretary may prescribe, permit a handler, alty provided by this section is paid, a lien market. The peanuts so acquired for the do- with the written consent of the producer, to on the crop of peanuts with respect to which mestic edible market as provided in this sub- purchase additional peanuts from any pro- the penalty is incurred, and on any subse- section shall be of the same crop year as the ducer who contracted with the handler and quent crop of peanuts subject to farm pound- peanuts used in the manufacture of the prod- to offer the peanuts for sale for domestic edi- age quotas in which the person liable for ucts so exported. ble use. payment of the penalty has an interest, shall ‘‘(2) CERTIFICATION.—Under the regula- ‘‘(g) MARKETING OF PEANUTS OWNED OR be in effect in favor of the United States. tions, the Secretary shall require all han- CONTROLLED BY THE COMMODITY CREDIT COR- ‘‘(4) PENALTIES.— dlers who are peanut product manufacturers PORATION.— ‘‘(A) PROCEDURES.—Notwithstanding any to submit annual certifications of peanut ‘‘(1) IN GENERAL.—Subject to section 104(k) other provision of law, the liability for and product content on a product-by-product of the Agricultural Market Transition Act, the amount of any penalty assessed under basis. Any changes in peanut product for- any peanuts owned or controlled by the Com- this section shall be determined in accord- mulas as affecting peanut content shall be modity Credit Corporation may be made ance with such procedures as the Secretary recorded within 90 days after the changes. available for domestic edible use, in accord- may by regulation prescribe. The facts con- The Secretary shall conduct an annual re- ance with regulations issued by the Sec- stituting the basis for determining the liabil- view of the certifications. The Secretary retary, so long as doing so does not result in ity for or amount of any penalty assessed shall pursue all available remedies with re- substantially increased cost to the Commod- under this section, when officially deter- spect to persons who fail to comply with this ity Credit Corporation. Additional peanuts mined in conformity with the applicable reg- paragraph. received under loan shall be offered for sale ulations prescribed by the Secretary, shall ‘‘(3) RECORDS.—The Secretary shall require for domestic edible use at prices that are not be final and conclusive and shall not be handlers who are peanut product manufac- less than the prices that are required to reviewable by any other officer or agency of turers to maintain and provide such docu- cover all costs incurred with respect to the the Federal Government. peanuts for such items as inspection, ments as are necessary to ensure compliance ‘‘(B) JUDICIAL REVIEW.—Nothing in this sec- with this subsection and to maintain the in- warehousing, shrinkage, and other expenses, tion prohibits any court of competent juris- plus— tegrity of the peanut program. diction from reviewing any determination ‘‘(f) CONTRACTS FOR PURCHASE OF ADDI- ‘‘(A) not less than 100 percent of the loan made by the Secretary with respect to TIONAL PEANUTS.— value of quota peanuts if the additional pea- whether the determination was made in con- ‘‘(1) IN GENERAL.—A handler may, under nuts are sold and paid for during the harvest formity with applicable law. such regulations as the Secretary may issue, season on delivery by and with the written ‘‘(C) CIVIL PENALTIES.—All penalties im- contract with a producer for the purchase of consent of the producer; posed under this section shall for all pur- additional peanuts for crushing or export, or ‘‘(B) not less than 105 percent of the loan poses be considered civil penalties. both. value of quota peanuts if the additional pea- ‘‘(5) REDUCTION OF PENALTIES.— ‘‘(2) SUBMISSION TO SECRETARY.— nuts are sold after delivery by the producer ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) CONTRACT DEADLINE.—Any such con- but not later than December 31 of the mar- subparagraph (B) and notwithstanding any tract shall be completed and submitted to keting year; or other provision of law, the Secretary may re- the Secretary (or if designated by the Sec- ‘‘(C) not less than 107 percent of the loan duce the amount of any penalty assessed retary, the area marketing association) for value of quota peanuts if the additional pea- against handlers under this section by any approval not later than September 15 of the nuts are sold later than December 31 of the appropriate amount, including, in an appro- year in which the crop is produced. marketing year. priate case, eliminating the penalty entirely, ‘‘(B) EXTENSION OF DEADLINE.—The Sec- ‘‘(2) ACCEPTANCE OF BIDS BY AREA MARKET- if the Secretary finds that the violation on retary may extend the deadline under sub- ING ASSOCIATIONS.— which the penalty is based was minor or in- paragraph (A) by up to 15 days in response to ‘‘(A) IN GENERAL.—Except as provided in advertent, and that the reduction of the pen- damaging weather or related condition (as subparagraph (B), for the period from the alty will not impair the operation of the pea- defined in section 112 of the Disaster Assist- date additional peanuts are delivered for nut program. ance Act of 1989 (Public Law 101–82; 7 U.S.C. loan to March 1 of the calendar year follow- ‘‘(B) FAILURE TO EXPORT CONTRACTED ADDI- 1421 note)). The Secretary shall announce the ing the year in which the additional peanuts TIONAL PEANUTS.—The amount of any pen- extension not later than September 5 of the were harvested, the area marketing associa- alty imposed on a handler under this section year in which the crop is produced. tion designated pursuant to section that resulted from the failure to export or ‘‘(3) FORM.—The contract shall be executed 106(a)(3)(A) of the Agricultural Market Tran- crush contracted additional peanuts shall on a form prescribed by the Secretary. The sition Act shall have sole authority to ac- not be reduced by the Secretary. form shall require such information as the cept or reject lot list bids when the sales ‘‘(i) CROPS.—Notwithstanding any other Secretary determines appropriate to ensure price, as determined under this subsection, provision of law, this section shall be effec- the proper handling of the additional pea- equals or exceeds the minimum price at tive only for the 1996 through 2002 crops of nuts, including the identity of the contract- which the Commodity Credit Corporation peanuts.’’. ing parties, poundage and category of the may sell the stocks of additional peanuts of (f) EXPERIMENTAL AND RESEARCH PROGRAMS peanuts, the disclosure of any liens, and the the Corporation. FOR PEANUTS.—Section 358c of the Agricul- intended disposition of the peanuts. ‘‘(B) MODIFICATION.—The area marketing tural Adjustment Act of 1938 (7 U.S.C. 1358c) ‘‘(4) INFORMATION FOR HANDLING AND PROC- association and the Commodity Credit Cor- is amended to read as follows: ESSING ADDITIONAL PEANUTS.—Notwithstand- poration may agree to modify the authority ‘‘SEC. 358c. EXPERIMENTAL AND RESEARCH PRO- ing any other provision of this section, any granted by subparagraph (A) to facilitate the GRAMS FOR PEANUTS. person wishing to handle and process addi- orderly marketing of additional peanuts. ‘‘(a) IN GENERAL.—Notwithstanding any tional peanuts as a handler shall submit to ‘‘(3) PRODUCER MARKETING AND EXPENSES.— other provision of this Act, the Secretary the Secretary (or if designated by the Sec- Notwithstanding any other provision of this may permit a portion of the poundage quota February 6, 1996 CONGRESSIONAL RECORD — SENATE S 933 for peanuts apportioned to any State to be tion of peanuts and such other factors as are each producer. Net gains for peanuts in each allocated from the quota reserve of the State authorized by section 104(i). pool shall consist of the following: to land-grant institutions identified in the (E) ANNOUNCEMENT.—The Secretary shall (I) QUOTA PEANUTS.—For quota peanuts, Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 announce the level of support for quota pea- the net gains over and above the loan indebt- U.S.C. 341 et seq.), and colleges eligible to re- nuts of each crop not later than the Feb- edness and other costs or losses incurred on ceive funds under the Act of August 30, 1890 ruary 15 preceding the marketing year for peanuts placed in the pool plus an amount (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), the crop for which the level of support is from all additional pool gains equal to any including Tuskegee Institute and, as appro- being determined. loss on disposition of all peanuts in the pool priate, the Agricultural Research Service of (2) ADDITIONAL PEANUTS.— for quota peanuts. the Department of Agriculture to be used for (A) IN GENERAL.—The Secretary shall make (II) ADDITIONAL PEANUTS.—For additional experimental and research purposes. price support available to producers through peanuts, the net gains over and above the ‘‘(b) QUANTITY.—The quantity of the quota loans, purchases, or other operations on ad- loan indebtedness and other costs or losses allocated to an institution under this section ditional peanuts for each of the 1996 through incurred on peanuts placed in the pool for shall not exceed the quantity of the quota 2002 crops at such levels as the Secretary additional peanuts less any amount allo- held by each such institution during the 1985 considers appropriate, taking into consider- cated to offset any loss on the pool for quota crop year, except that the total quantity al- ation the demand for peanut oil and peanut peanuts as provided in subclause (I). located to all institutions in a State shall meal, expected prices of other vegetable oils (4) LOSSES.—Losses in quota area pools not exceed 1⁄10 of 1 percent of the basic quota and protein meals, and the demand for pea- shall be covered using the following sources of the State. nuts in foreign markets, except that the Sec- in the following order of priority: ‘‘(c) LIMITATION.—The director of the agri- retary shall set the support rate on addi- (A) TRANSFERS FROM ADDITIONAL LOAN cultural experiment station for a State shall tional peanuts at a level estimated by the POOLS.—The proceeds due any producer from be required to ensure, to the extent prac- Secretary to ensure that there are no losses any pool shall be reduced by the amount of ticable, that farm operators in the State do to the Commodity Credit Corporation on the any loss that is incurred with respect to pea- not produce quota peanuts under subsection sale or disposal of the peanuts. nuts transferred from an additional loan pool (a) in excess of the quantity needed for ex- (B) ANNOUNCEMENT.—The Secretary shall to a quota loan pool by the producer under perimental and research purposes. announce the level of support for additional section 358–1(b)(2)(B)(v) of the Agricultural ‘‘(d) CROPS.—Notwithstanding any other peanuts of each crop not later than the Feb- Adjustment Act of 1938 (as amended by sub- provision of law, this section shall be effec- ruary 15 preceding the marketing year for section (c)). tive only for the 1996 through 2002 crops of the crop for which the level of support is (B) OTHER PRODUCERS IN SAME POOL.—Fur- peanuts.’’. being determined. ther losses in an area quota pool shall be off- (g) REPORTS AND RECORDS.—Effective only (3) AREA MARKETING ASSOCIATIONS.— set by reducing the gain of any producer in for the 1996 through 2002 crops of peanuts, (A) WAREHOUSE STORAGE LOANS.— the pool by the amount of pool gains attrib- the first sentence of section 373(a) of the Ag- (i) IN GENERAL.—In carrying out para- uted to the same producer from the sale of ricultural Adjustment Act of 1938 (7 U.S.C. graphs (1) and (2), the Secretary shall make additional peanuts for domestic and export 1373(a)) is amended by inserting before ‘‘all warehouse storage loans available in each of edible use. brokers and dealers in peanuts’’ the follow- the 3 producing areas described in section (C) ADDITIONAL PEANUT GAINS.—Further ing: ‘‘all producers engaged in the production 1446.95 of title 7, Code of Federal Regulations losses in an area quota pool shall be offset by of peanuts,’’. (as of January 1, 1989), to a designated area gains or profits attributable to sales of addi- (h) REGULATIONS.—The Secretary of Agri- marketing association of peanut producers tional peanuts in that area for domestic edi- culture shall issue such regulations as are that is selected and approved by the Sec- ble and other uses. necessary to carry out this section and the retary and that is operated primarily for the (D) USE OF MARKETING ASSESSMENTS.—The amendments made by this section. In issuing purpose of conducting the loan activities. Secretary shall use funds collected under the regulations, the Secretary shall— The Secretary may not make warehouse paragraph (7) to offset further losses in area (1) comply with subchapter II of chapter 5 storage loans available to any cooperative quota pools. The Secretary shall transfer to of title 5, United States Code; that is engaged in operations or activities the Treasury those funds collected under (2) provide public notice through the Fed- concerning peanuts other than those oper- paragraph (7) and available for use under this eral Register of any such proposed regula- ations and activities specified in this sub- subsection that the Secretary determines are tions; and section and sections 358e of the Agricultural not required to cover losses in area quota (3) allow adequate time for written public Adjustment Act of 1938 (7 U.S.C. 1359a). pools. comment prior to the formulation and issu- (ii) ADMINISTRATIVE AND SUPERVISORY AC- (E) CROSS COMPLIANCE.—Further losses in ance of any final regulations. TIVITIES.—The area marketing associations area quota pools, other than losses incurred shall be used in administrative and super- as a result of transfers from additional loan AMENDMENT NO. 3340 visory activities relating to price support pools to quota loan pools under section 358– Strike the section relating to the peanut and marketing activities under this sub- 1(b)(2)(B)(v) of the Agricultural Adjustment program and insert the following: section and sections 358e of the Agricultural Act of 1938 (as amended by subsection (c)), SEC. 106. PEANUT PROGRAM. Adjustment Act of 1938. shall be offset by any gains or profits from (a) PRICE SUPPORT PROGRAM.— (iii) ASSOCIATION COSTS.—Loans made to an pools in other production areas (other than (1) QUOTA PEANUTS.— area marketing association under this sub- separate type pools established under para- (A) IN GENERAL.—The Secretary shall make paragraph shall include, in addition to the graph (3)(B)(i) for Valencia peanuts produced price support available to producers through price support value of the peanuts, such in New Mexico) in such manner as the Sec- loans, purchases, and other operations on costs as the association reasonably may retary shall by regulation prescribe. quota peanuts for each of the 1996 through incur in carrying out the responsibilities, op- (F) INCREASED ASSESSMENTS.—If use of the 2002 crops. erations, and activities of the association authorities provided in the preceding para- (B) SUPPORT RATES.— under this subsection and sections 358e of the graphs is not sufficient to cover losses in an (i) IN GENERAL.—Subject to clause (ii), the Agricultural Adjustment Act of 1938. area quota pool, the Secretary shall increase national average quota support rate for each (B) POOLS FOR QUOTA AND ADDITIONAL PEA- the marketing assessment established under of the 1996 through 2002 crops of quota pea- NUTS.— paragraph (7) by such an amount as the Sec- nuts shall be the national average quota sup- (i) IN GENERAL.—The Secretary shall re- retary considers necessary to cover the port rate for the immediately preceding quire that each area marketing association losses. Amounts collected under paragraph crop, adjusted to reflect any increase or de- establish pools and maintain complete and (7) as a result of the increased assessment crease, during the calendar year imme- accurate records by area and segregation for shall be retained by the Secretary to cover diately preceding the marketing year for the quota peanuts handled under loan and for ad- losses in that pool. crop for which a level of support is being de- ditional peanuts placed under loan, except (5) DISAPPROVAL OF QUOTAS.—Notwith- termined, in the national average cost of that separate pools shall be established for standing any other provision of law, no price peanut production, excluding any change in Valencia peanuts produced in New Mexico. support may be made available by the Sec- the cost of land and the cost of any assess- Peanuts produced outside New Mexico shall retary for any crop of peanuts with respect ments required under paragraph (7). not be eligible for entry into or participation to which poundage quotas have been dis- (ii) MAXIMUM RATE.—In no event shall the in the separate pools established for Valen- approved by producers, as provided for in national average quota support rate for any cia peanuts produced in New Mexico. Bright section 358–1(d) of the Agricultural Adjust- such crop be increased or decreased by more hull and dark hull Valencia peanuts shall be ment Act of 1938 (as amended by subsection than 5 percent of the national average quota considered as separate types for the purpose (c)). support rate for the preceding crop. of establishing the pools. (6) QUALITY IMPROVEMENT.— (C) INSPECTION, HANDLING, OR STORAGE.— (ii) NET GAINS.—Net gains on peanuts in (A) PRICE SUPPORT PEANUTS.—With respect The level of support determined under sub- each pool, unless otherwise approved by the to peanuts under price support loan, the Sec- paragraph (B) shall not be reduced by any de- Secretary, shall be distributed only to pro- retary shall— duction for inspection, handling, or storage. ducers who placed peanuts in the pool and (i) promote the crushing of peanuts at a (D) LOCATION AND OTHER FACTORS.—The shall be distributed in proportion to the greater risk of deterioration before peanuts Secretary may make adjustments for loca- value of the peanuts placed in the pool by at a lesser risk of deterioration; S 934 CONGRESSIONAL RECORD — SENATE February 6, 1996 (ii) ensure that all Commodity Credit Cor- sponsible for the full amount of the assess- ‘‘(iii) as approved and determined by the poration loan stocks of peanuts sold for do- ment and shall remit the assessment by such Secretary under section 358c, for each farm mestic edible use are shown to have been of- time as is specified by the Secretary. on which peanuts are produced in connection ficially inspected by licensed Department of (D) LOAN PEANUTS.—In the case of peanuts with experimental and research programs. Agriculture inspectors both as farmer stock that are pledged as collateral for a price sup- ‘‘(B) QUANTITY.— and shelled or cleaned in-shell peanuts; port loan made under this subsection, 1⁄2 of ‘‘(i) IN GENERAL.—The farm poundage quota (iii) continue to endeavor to operate the the assessment shall be deducted from the for each of the 1996 through 2002 marketing peanut price support program so as to im- proceeds of the loan. The remainder of the years for each farm described in subpara- prove the quality of domestic peanuts and assessment shall be paid by the first pur- graph (A)(i) shall be the same as the farm ensure the coordination of activities under chaser of the peanuts. For the purposes of poundage quota for the farm for the imme- the Peanut Administrative Committee es- computing net gains on peanuts under this diately preceding marketing year, as ad- tablished under Marketing Agreement No. subsection, the reduction in loan proceeds justed under paragraph (2), but not including 146, regulating the quality of domestically shall be treated as having been paid to the any increases resulting from the allocation produced peanuts (under the Agricultural producer. of quotas voluntarily released for 1 year Adjustment Act (7 U.S.C. 601 et seq.), reen- (E) PENALTIES.—If any person fails to col- under paragraph (7). acted with amendments by the Agricultural lect or remit the reduction required by this ‘‘(ii) INCREASED QUOTA.—The farm pound- Marketing Agreement Act of 1937); and paragraph or fails to comply with such re- age quota, if any, for each of the 1996 (iv) ensure that any changes made in the quirements for recordkeeping or otherwise as through 2002 marketing years for each farm price support program as a result of this are required by the Secretary to carry out described in subparagraph (A)(ii) shall be paragraph requiring additional production or this paragraph, the person shall be liable to equal to the quantity of peanuts allocated to handling at the farm level are reflected as an the Secretary for a civil penalty up to an the farm for the year under paragraph (2). upward adjustment in the Department of Ag- amount determined by multiplying— ‘‘(C) TRANSFERS.—For purposes of this sub- riculture loan schedule. (i) the quantity of peanuts involved in the section, if the farm poundage quota, or any (B) EXPORTS AND OTHER PEANUTS.—The violation; by part of the quota, is permanently transferred Secretary shall require that all peanuts, in- (ii) the national average quota peanut in accordance with section 358b, the receiv- cluding peanuts imported into the United price support level for the applicable crop ing farm shall be considered as possessing States, meet all United States quality stand- year. the farm poundage quota (or portion of the ards under Marketing Agreement No. 146 and (F) ENFORCEMENT.—The Secretary may en- quota) of the transferring farm for all subse- that importers of the peanuts fully comply force this paragraph in the courts of the quent marketing years. with inspection, handling, storage, and proc- United States. ‘‘(2) ADJUSTMENTS.— essing requirements implemented under (8) CROPS.—Notwithstanding any other pro- ‘‘(A) ALLOCATION OF INCREASED QUOTA GEN- Marketing Agreement No. 146. The Secretary vision of law, this subsection shall be effec- ERALLY.—Subject to subparagraphs (B) and shall ensure that peanuts produced for the tive only for the 1996 through 2002 crops of (D), if the poundage quota apportioned to a export market meet quality, inspection, han- peanuts. State under subsection (a)(3) for any of the dling, storage, and processing requirements (b) SUSPENSION OF MARKETING QUOTAS AND 1996 through 2002 marketing years is in- under Marketing Agreement No. 146. ACREAGE ALLOTMENTS.—Section 371 of the creased over the poundage quota apportioned (7) MARKETING ASSESSMENT.— Agricultural Adjustment Act of 1938 (7 U.S.C. to farms in the State for the immediately (A) IN GENERAL.—The Secretary shall pro- 1371) shall not be applicable to the 1996 preceding marketing year, the increase shall vide, by regulation, for a nonrefundable mar- through 2002 crops of peanuts. be allocated proportionately, based on farm keting assessment applicable to each of the (c) NATIONAL POUNDAGE QUOTAS AND ACRE- production history for peanuts for the 3 im- 1996 through 2002 crops of peanuts. The as- AGE ALLOTMENTS.—Section 358–1 of the Agri- mediately preceding years, among— sessment shall be made in accordance with cultural Adjustment Act of 1938 (7 U.S.C. ‘‘(i) all farms in the State for which a farm this paragraph and shall be on a per pound 1358–1) is amended to read as follows: poundage quota was established for the mar- basis in an amount equal to 1.2 percent of ‘‘SEC. 358–1. NATIONAL POUNDAGE QUOTAS AND keting year immediately preceding the mar- the national average quota or additional pea- ACREAGE ALLOTMENTS FOR 1996 keting year for which the allocation is being nut support rate per pound, as applicable, for THROUGH 2002 CROPS OF PEANUTS. made; and the applicable crop. No peanuts shall be as- ‘‘(a) NATIONAL POUNDAGE QUOTAS.— ‘‘(ii) all other farms in the State on which sessed more than 1.2 percent of the applica- ‘‘(1) ESTABLISHMENT.—The national pound- peanuts were produced in at least 2 of the 3 ble support rate under this paragraph. age quota for peanuts for each of the 1996 immediately preceding crop years, as deter- (B) FIRST PURCHASERS.— through 2002 marketing years shall be estab- mined by the Secretary. (i) IN GENERAL.—Except as provided under lished by the Secretary at a level that is ‘‘(B) TEMPORARY QUOTA ALLOCATION.— subparagraphs (C) and (D), the first pur- equal to the quantity of peanuts (in tons) ‘‘(i) IN GENERAL.—Subject to clause (iv), chaser of peanuts shall— that the Secretary estimates will be devoted temporary allocation of a poundage quota (I) collect from the producer a marketing in each such marketing year to domestic edi- for the marketing year in which a crop of assessment equal to the quantity of peanuts ble and related uses, excluding seed. The peanuts is planted shall be made to produc- acquired multiplied by .65 percent of the ap- Secretary shall include in the annual esti- ers for each of the 1996 through 2002 market- plicable national average support rate; mate of domestic edible and related uses, the ing years in accordance with this subpara- (II) pay, in addition to the amount col- estimated quantity of peanuts and peanut graph. lected under subclause (I), a marketing as- products to be imported into the United ‘‘(ii) QUANTITY.—The temporary quota allo- sessment in an amount equal to the quantity States for the marketing year for which the cation shall be equal to the quantity of seed of peanuts acquired multiplied by .55 percent quota is being established. peanuts (in pounds) planted on a farm, as de- of the applicable national average support ‘‘(2) ANNOUNCEMENT.—The national pound- termined in accordance with regulations is- rate; and age quota for a marketing year shall be an- sued by the Secretary. (III) remit the amounts required under nounced by the Secretary not later than the ‘‘(iii) ALLOCATION.—The allocation of quota subclauses (I) and (II) to the Commodity December 15 preceding the marketing year. pounds to producers under this subparagraph Credit Corporation in a manner specified by ‘‘(3) APPORTIONMENT AMONG STATES.—The shall be performed in such a manner as will the Secretary. national poundage quota established under not result in a net decrease in quota pounds (ii) IMPORTED PEANUTS.—In the case of im- paragraph (1) shall be apportioned among the on a farm in excess of 3 percent, after the ported peanuts, the first purchaser shall pay States so that the poundage quota allocated temporary seed quota is added, from the to the Commodity Credit Corporation, in a to each State is equal to the percentage of basic farm quota for the 1995 marketing manner specified by the Secretary, a mar- the national poundage quota allocated to year. A decrease shall occur only once, shall keting assessment in an amount equal to the farms in the State for 1995. be applicable only to the 1996 marketing quantity of peanuts acquired multiplied by ‘‘(b) FARM POUNDAGE QUOTAS.— year. 1.2 percent of the national average support ‘‘(1) IN GENERAL.— ‘‘(iv) NO INCREASED COSTS.—The Secretary rate for additional peanuts. ‘‘(A) ESTABLISHMENT.—A farm poundage may carry out this subparagraph only if this (iii) DEFINITION.—In this paragraph, the quota for each of the 1996 through 2002 mar- subparagraph does not result in— term ‘first purchaser’ means a person acquir- keting years shall be established— ‘‘(I) an increased cost to the Commodity ing peanuts from a producer, except that in ‘‘(i) for each farm that had a farm pound- Credit Corporation through displacement of the case of peanuts forfeited by a producer to age quota for peanuts for the 1995 marketing quota peanuts by additional peanuts in the the Commodity Credit Corporation, the term year; domestic market; means the person acquiring the peanuts from ‘‘(ii) if the poundage quota apportioned to ‘‘(II) an increased loss in a loan pool of an the Commodity Credit Corporation. a State under subsection (a)(3) for any such area marketing association designated pur- (C) OTHER PRIVATE MARKETINGS.—In the marketing year is larger than the quota for suant to section 106(a)(3)(A) of the Agricul- case of a private marketing by a producer di- the immediately preceding marketing year, tural Market Transition Act; or rectly to a consumer through a retail or for each other farm on which peanuts were ‘‘(III) other increased costs. wholesale outlet or in the case of a market- produced for marketing in at least 2 of the 3 ‘‘(v) TRANSFER OF ADDITIONAL PEANUTS.— ing by the producer outside of the continen- immediately preceding crop years, as deter- ‘‘(I) IN GENERAL.—Except as provided in tal United States, the producer shall be re- mined by the Secretary; and subclause (II), additional peanuts on a farm February 6, 1996 CONGRESSIONAL RECORD — SENATE S 935

from which the quota poundage was not har- condition beyond the control of the pro- ‘‘(1) IN GENERAL.—For each farm for which vested and marketed may be transferred to ducer, as determined by the Secretary; a farm poundage quota is established under the quota loan pool for pricing purposes on ‘‘(ii) the farm poundage quota for the farm subsection (b), and when necessary for pur- such basis as the Secretary shall provide by was released voluntarily under paragraph (7) poses of this Act, a farm yield of peanuts regulation. for only 1 of the 3 marketing years imme- shall be determined for each such farm. ‘‘(II) LIMITATIONS.—The poundage of pea- diately preceding the marketing year for ‘‘(2) QUANTITY.—The yield shall be equal to nuts transferred under subclause (I) shall not which the determination is being made; or the average of the actual yield per acre on exceed 25 percent of the total farm poundage ‘‘(iii) the farm poundage quota was leased the farm for each of the 3 crop years in quota, excluding pounds transferred in the to another owner or operator of a farm with- which yields were highest on the farm during fall. in the same county for transfer to the farm the 5-year period consisting of the 1973 ‘‘(III) SUPPORT RATE.—Peanuts transferred for only 1 of the 3 marketing years imme- through 1977 crop years. under this clause shall be supported at a rate diately preceding the marketing year for ‘‘(3) APPRAISED YIELDS.—If peanuts were of 70 percent of the quota support rate for which the determination is being made. not produced on the farm in at least 3 years the marketing years during which the trans- ‘‘(B) MARKETING YEARS.—For purposes of during the 5-year period or there was a sub- fers occur. clauses (ii) and (iii) of subparagraph (A)— stantial change in the operation of the farm ‘‘(vi) USE OF QUOTA AND ADDITIONAL PEA- ‘‘(i) the farm poundage quota leased or during the period (including a change in op- NUTS.—Nothing in this subparagraph affects transferred shall be considered produced for erator, lessee who is an operator, or irriga- the requirements of section 358b(b). only 1 of the 3 marketing years immediately tion practices), the Secretary shall have a ‘‘(vii) ADDITIONAL ALLOCATION.—The tem- preceding the marketing year for which the yield appraised for the farm. The appraised porary allocation of quota pounds under this determination is being made; and yield shall be that quantity determined to be subparagraph shall be in addition to the ‘‘(ii) the farm shall not be considered to fair and reasonable on the basis of yields es- farm poundage quota established under this have produced for more than 1 marketing tablished for similar farms that are located subsection and shall be credited to the pro- year out of the 3 immediately preceding in the area of the farm and on which peanuts ducers of the peanuts on the farm in accord- marketing years. were produced, taking into consideration ance with regulations issued by the Sec- ‘‘(5) QUOTA PERMANENTLY RELEASED.—Not- land, labor, and equipment available for the retary. withstanding any other provision of law— production of peanuts, crop rotation prac- ‘‘(C) DECREASE.—If the poundage quota ap- ‘‘(A) the farm poundage quota established tices, soil and water, and other relevant fac- portioned to a State under subsection (a)(3) for a farm under this subsection, or any part tors. EFERENDUM RESPECTING POUNDAGE for any of the 1996 through 2002 marketing of the quota, may be permanently released ‘‘(d) R QUOTAS.— years is decreased from the poundage quota by the owner of the farm, or the operator ‘‘(1) IN GENERAL.—Not later than December apportioned to farms in the State under sub- with the permission of the owner; and 15 of each calendar year, the Secretary shall section (a)(3) for the immediately preceding ‘‘(B) the poundage quota for the farm for conduct a referendum of producers engaged marketing year, the decrease shall be allo- which the quota is released shall be adjusted in the production of quota peanuts in the cated among all the farms in the State for downward to reflect the quota that is re- calendar year in which the referendum is which a farm poundage quota was estab- leased. lished for the marketing year immediately held to determine whether the producers are ‘‘(6) ALLOCATION OF QUOTAS REDUCED OR RE- preceding the marketing year for which the in favor of or opposed to poundage quotas LEASED.— allocation is being made. with respect to the crops of peanuts pro- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(D) SPECIAL RULE ON TENANT’S SHARE OF duced in the 5 calendar years immediately subparagraph (B), the total quantity of the INCREASED QUOTA.—Subject to terms and con- following the year in which the referendum farm poundage quotas reduced or voluntarily ditions prescribed by the Secretary, on farms is held, except that, if at least 2⁄3 of the pro- released from farms in a State for any mar- that were leased to a tenant for peanut pro- ducers voting in any referendum vote in keting year under paragraphs (3) and (5) duction, the tenant shall share equally with favor of poundage quotas, no referendum shall be allocated, as the Secretary may by the owner of the farm in the percentage of shall be held with respect to quotas for the regulation prescribe, to other farms in the the quota made available under subpara- remaining years of the 5-calendar year pe- graph (A) and otherwise allocated to the State on which peanuts were produced in at riod. least 2 of the 3 crop years immediately pre- farm as the result of the production of the ‘‘(2) PROCLAMATION.—The Secretary shall tenant on the farm of additional peanuts. ceding the year for which the allocation is proclaim the result of the referendum within Not later than April 1 of each year or as soon being made. 30 days after the date on which the referen- as practicable during the year, the share of ‘‘(B) SET-ASIDE FOR FARMS WITH NO dum is held. QUOTA.—The total amount of farm poundage the tenant of any such quota shall be allo- ‘‘(3) VOTE AGAINST QUOTAS.—If more than 1⁄3 cated to a farm within the county owned by quota to be allocated in the State under sub- of the producers voting in the referendum the tenant or sold by the tenant to the owner paragraph (A) shall be allocated to farms in vote against poundage quotas, the Secretary of any farm within the county and perma- the State for which no farm poundage quota shall proclaim that poundage quotas will not nently transferred to the farm. Any quota was established for the crop of the imme- be in effect with respect to the crop of pea- not so disposed of as provided in this sub- diately preceding year. The allocation to any nuts produced in the calendar year imme- paragraph shall be allocated to other quota such farm shall not exceed the average farm diately following the calendar year in which farms in the State under paragraph (6) as production of peanuts for the 3 immediately the referendum is held. part of the quota reduced from farms in the preceding years during which peanuts were ‘‘(e) DEFINITIONS.—In this part and the Ag- State due to the failure to produce the produced on the farm. Any farm poundage ricultural Market Transition Act: quota. quota remaining after allocation to farms ‘‘(1) ADDITIONAL PEANUTS.—The term ‘addi- ‘‘(3) QUOTA NOT PRODUCED.— under this subparagraph shall be allocated to tional peanuts’ means, for any marketing ‘‘(A) IN GENERAL.—Insofar as practicable farms in the State on which poundage quotas year— and on such fair and equitable basis as the were established for the crop of the imme- ‘‘(A) any peanuts that are marketed from a Secretary may by regulation prescribe, the diately preceding year. farm for which a farm poundage quota has farm poundage quota established for a farm ‘‘(7) QUOTA TEMPORARILY RELEASED.— been established and that are in excess of the for any of the 1996 through 2002 marketing ‘‘(A) IN GENERAL.—The farm poundage marketings of quota peanuts from the farm years shall be reduced to the extent that the quota, or any portion of the quota, estab- for the year; and Secretary determines that the farm pound- lished for a farm for a marketing year may ‘‘(B) all peanuts marketed from a farm for age quota established for the farm for any 2 be voluntarily released to the Secretary to which no farm poundage quota has been es- of the 3 marketing years preceding the mar- the extent that the quota, or any part of the tablished in accordance with subsection (b). keting year for which the determination is quota, will not be produced on the farm for ‘‘(2) CRUSH.—The term ‘crush’ means the being made was not produced, or considered the marketing year. Any farm poundage processing of peanuts to extract oil for food produced, on the farm. quota so released in a State shall be allo- uses and meal for feed uses, or the processing ‘‘(B) EXCLUSIONS.—For the purposes of this cated to other farms in the State on such of peanuts by crushing or otherwise when au- paragraph, the farm poundage quota for any basis as the Secretary may by regulation thorized by the Secretary. such preceding marketing year shall not in- prescribe. ‘‘(3) DOMESTIC EDIBLE USE.—The term ‘do- clude any increase resulting from the alloca- ‘‘(B) EFFECTIVE PERIOD.—Except as other- mestic edible use’ means use for milling to tion of quotas voluntarily released for 1 year wise provided in this section, any adjust- produce domestic food peanuts (other than a under paragraph (7). ment in the farm poundage quota for a farm use described in paragraph (2)) and seed and ‘‘(4) QUOTA CONSIDERED PRODUCED.— under subparagraph (A) shall be effective use on a farm, except that the Secretary ‘‘(A) IN GENERAL.—For purposes of this sub- only for the marketing year for which the may exempt from this paragraph seeds of section, subject to subparagraph (B), the adjustment is made and shall not be taken peanuts that are used to produce peanuts ex- farm poundage quota shall be considered pro- into consideration in establishing a farm cluded under section 301(b)(18), are unique duced on a farm if— poundage quota for the farm from which the strains, and are not commercially available. ‘‘(i) the farm poundage quota was not pro- quota was released for any subsequent mar- ‘‘(4) QUOTA PEANUTS.—The term ‘quota pea- duced on the farm because of drought, flood, keting year. nuts’ means, for any marketing year, any or any other natural disaster, or any other ‘‘(c) FARM YIELDS.— peanuts produced on a farm having a farm S 936 CONGRESSIONAL RECORD — SENATE February 6, 1996

poundage quota, as determined under sub- poundage quota may be transferred by sale ‘‘(c) CROPS.—Notwithstanding any other section (b), that— or lease or otherwise from a farm in 1 county provision of law, this section shall be effec- ‘‘(A) are eligible for domestic edible use as to a farm in another county in the same tive only for the 1996 through 2000 crops of determined by the Secretary; State. peanuts.’’. ‘‘(B) are marketed or considered marketed ‘‘(4) TRANSFERS BETWEEN STATES HAVING (e) MARKETING PENALTIES; DISPOSITION OF from a farm; and QUOTAS OF LESS THAN 10,000 TONS.—Notwith- ADDITIONAL PEANUTS.—Section 358e of the ‘‘(C) do not exceed the farm poundage standing paragraphs (1) through (3), in the Agricultural Adjustment Act of 1938 (7 U.S.C. quota of the farm for the year. case of any State for which the poundage 1359a) is amended to read as follows: ‘‘(f) CROPS.—Notwithstanding any other quota allocated to the State was less than ‘‘SEC. 358e. MARKETING PENALTIES AND DISPOSI- provision of law, this section shall be effec- 10,000 tons for the crop of the preceding year, TION OF ADDITIONAL PEANUTS FOR tive only for the 1996 through 2002 crops of all or any part of a farm poundage quota up 1996 THROUGH 2002 CROPS OF PEA- NUTS. peanuts.’’. to 1,000 tons may be transferred by sale or ‘‘(a) MARKETING PENALTIES.— (d) SALE, LEASE, OR TRANSFER OF FARM lease from a farm in 1 such State to a farm ‘‘(1) IN GENERAL.— POUNDAGE QUOTA.—Section 358b of the Agri- in another such State. cultural Adjustment Act of 1938 (7 U.S.C. ‘‘(A) MARKETING PEANUTS IN EXCESS OF ‘‘(5) TRANSFERS BY SALE IN STATES HAVING 1358b) is amended to read as follows: QUOTA.—The marketing of any peanuts for QUOTAS OF 10,000 TONS OR MORE.— ‘‘SEC. 358b. SALE, LEASE, OR TRANSFER OF FARM domestic edible use in excess of the farm ‘‘(A) IN GENERAL.—Subject to the other POUNDAGE QUOTA FOR 1996 poundage quota for the farm on which the THROUGH 2000 CROPS OF PEANUTS. provisions of this paragraph and such terms peanuts are produced shall be subject to a ‘‘(a) IN GENERAL.— and conditions as the Secretary may pre- penalty at a rate equal to 140 percent of the ‘‘(1) AUTHORITY.— scribe, the owner, or operator with the per- support price for quota peanuts for the mar- ‘‘(A) IN GENERAL.—Subject to such terms, mission of the owner, of any farm for which keting year in which the marketing occurs. conditions, or limitations as the Secretary a farm quota has been established under this The penalty shall not apply to the market- may prescribe, the owner, or operator with Act in a State having a poundage quota of ing of breeder or Foundation seed peanuts the permission of the owner, of any farm for 10,000 tons or more may sell poundage quota grown and marketed by a publicly owned ag- which a farm poundage quota has been estab- to any other eligible owner or operator of a ricultural experiment station (including a lished under this Act may sell or lease all or farm within the same State. State operated seed organization) under such any part of the poundage quota to any other ‘‘(B) LIMITATIONS BASED ON TOTAL POUND- regulations as the Secretary may prescribe. owner or operator of a farm within the same AGE QUOTA.— ‘‘(B) MARKETING YEAR.—For purposes of county for transfer to the farm, except that ‘‘(i) 1996 MARKETING YEAR.—Not more than this section, the marketing year for peanuts any such lease of poundage quota may be en- 15 percent of the total poundage quota with- shall be the 12-month period beginning Au- tered into in the fall or after the normal in a county as of January 1, 1996, may be sold gust 1 and ending July 31. planting season— and transferred under this paragraph during ‘‘(C) MARKETING ADDITIONAL PEANUTS.—The ‘‘(i) if not less than 90 percent of the basic the 1996 marketing year. marketing of any additional peanuts from a quota (consisting of the farm quota and tem- ‘‘(ii) 1997–2002 MARKETING YEARS.— farm shall be subject to the same penalty as porary quota transfers), plus any poundage ‘‘(I) IN GENERAL.—Except as provided in the penalty prescribed in subparagraph (A) quota transferred to the farm under this sub- subclause (II), not more than 5 percent of the unless the peanuts, in accordance with regu- section, has been planted or considered quota pounds remaining in a county as of lations established by the Secretary, are— planted on the farm from which the quota is January 1, 1997, and each January 1 there- ‘‘(i) placed under loan at the additional to be leased; and after through January 1, 2002, may be sold loan rate in effect for the peanuts under sec- ‘‘(ii) under such terms and conditions as and transferred under this paragraph during tion 106 of the Agricultural Market Transi- the Secretary may by regulation prescribe. the applicable marketing year. tion Act and not redeemed by the producers; ‘‘(B) FALL TRANSFERS.— ‘‘(II) CARRYOVER.—Any eligible quota that ‘‘(ii) marketed through an area marketing ‘‘(i) NO TRANSFER AUTHORIZATION.—In the is not sold or transferred under clause (i) association designated pursuant to section case of a fall transfer or a transfer after the shall be eligible for sale or transfer under 106(a)(3)(A) of the Agricultural Market Tran- normal planting season by a cash lessee, the subclause (I). sition Act; or landowner shall not be required to sign the ‘‘(C) COUNTY LIMITATION.—Not more than 40 ‘‘(iii) marketed under contracts between transfer authorization. percent of the total poundage quota within a handlers and producers pursuant to sub- ‘‘(ii) TIME LIMITATION.—A fall transfer or a county may be sold and transferred under section (f). transfer after the normal planting season this paragraph. ‘‘(2) PAYER.—The penalty shall be paid by may be made not later than 72 hours after ‘‘(D) SUBSEQUENT LEASES OR SALES.—Quota the person who buys or otherwise acquires the peanuts that are the subject of the trans- pounds sold and transferred to a farm under the peanuts from the producer or, if the pea- fer are inspected and graded. this paragraph may not be leased or sold by nuts are marketed by the producer through ‘‘(iii) LESSEES.—In the case of a fall trans- the farm to another owner or operator of a an agent, the penalty shall be paid by the fer, poundage quota from a farm may be farm within the same State for a period of 5 agent. The person or agent may deduct an leased to an owner or operator of another years following the date of the original amount equivalent to the penalty from the farm within the same county or to an owner transfer to the farm. price paid to the producer. or operator of another farm in any other ‘‘(E) APPLICATION.—This paragraph shall ‘‘(3) FAILURE TO COLLECT.—If the person re- county within the State. not apply to a sale within the same county quired to collect the penalty fails to collect ‘‘(iv) EFFECT OF TRANSFER.—A fall transfer or to any sale, lease, or transfer described in the penalty, the person and all persons enti- of poundage quota shall not affect the farm paragraph (1). tled to share in the peanuts marketed from quota history for the transferring or receiv- ‘‘(b) CONDITIONS.—Transfers (including the farm or the proceeds of the marketing ing farm and shall not result in the reduc- transfer by sale or lease) of farm poundage shall be jointly and severally liable with the tion of the farm poundage quota on the quotas under this section shall be subject to persons who failed to collect the penalty for transferring farm. all of the following conditions: the amount of the penalty. ‘‘(2) TRANSFERS TO OTHER SELF-OWNED ‘‘(1) LIENHOLDERS.—No transfer of the farm ‘‘(4) APPLICATION OF QUOTA.—Peanuts pro- FARMS.—The owner or operator of a farm poundage quota from a farm subject to a duced in a calendar year in which farm may transfer all or any part of the farm mortgage or other lien shall be permitted poundage quotas are in effect for the mar- poundage quota for the farm to any other unless the transfer is agreed to by the keting year beginning in the calendar year farm owned or controlled by the owner or op- lienholders. shall be subject to the quotas even though erator that is in the same State and that had ‘‘(2) TILLABLE CROPLAND.—No transfer of the peanuts are marketed prior to the date a farm poundage quota for the crop of the the farm poundage quota shall be permitted on which the marketing year begins. preceding year, if both the transferring and if the county committee established under ‘‘(5) FALSE INFORMATION.—If any producer receiving farms were under the control of the section 8(b) of the Soil Conservation and Do- falsely identifies, fails to accurately certify owner or operator for at least 3 crop years mestic Allotment Act (16 U.S.C. 590h(b)) de- planted acres, or fails to account for the dis- prior to the crop year in which the farm termines that the receiving farm does not position of any peanuts produced on the poundage quota is to be transferred. Any have adequate tillable cropland to produce planted acres, a quantity of peanuts equal to farm poundage quota transferred under this the farm poundage quota. the greater of the average or actual yield of paragraph shall not result in any reduction ‘‘(3) RECORD.—No transfer of the farm the farm, as determined by the Secretary, in the farm poundage quota for the transfer- poundage quota shall be effective until a multiplied by the number of planted acres, ring farm if sufficient acreage is planted on record of the transfer is filed with the coun- shall be deemed to have been marketed in the receiving farm to produce the quota ty committee of each county to, and from, violation of permissible uses of quota and ad- pounds transferred. which the transfer is made and each commit- ditional peanuts. Any penalty payable under ‘‘(3) TRANSFERS WITHIN STATES WITH SMALL tee determines that the transfer complies this paragraph shall be paid and remitted by QUOTAS.—In the case of any State for which with this section. the producer. the poundage quota allocated to the State ‘‘(4) OTHER TERMS.—The Secretary may es- ‘‘(6) UNINTENTIONAL VIOLATIONS.—The Sec- was less than 10,000 tons for the crop of the tablish by regulation other terms and condi- retary shall authorize, under such regula- preceding year, all or any part of a farm tions. tions as the Secretary shall issue, the county February 6, 1996 CONGRESSIONAL RECORD — SENATE S 937 committees established under section 8(b) of includes sound split kernel peanuts and nut program, promulgate regulations that the Soil Conservation and Domestic Allot- sound whole kernel peanuts) in an amount will permit any handler of peanuts who man- ment Act (16 U.S.C. 590h(b)) to waive or re- equal to the poundage of the peanuts pur- ufactures peanut products from domestic ed- duce marketing penalties provided for under chased by the handler as additional peanuts, ible peanuts to export the products and re- this subsection in cases with respect to less the total poundage of sound split kernel ceive credit for the fulfillment of export obli- which the committees determine that the peanuts described in subclause (I). gations for the peanut content of the prod- violations that were the basis of the pen- ‘‘(III) REMAINDER.—The remaining quan- ucts against which export credit the handler alties were unintentional or without knowl- tity of total kernel content of peanuts pur- may subsequently apply, up to the amount of edge on the part of the parties concerned. chased by the handler as additional peanuts. the credit, equivalent quantities of addi- ‘‘(7) DE MINIMIS VIOLATIONS.—An error in ‘‘(ii) DOCUMENTATION.—Handlers shall en- tional peanuts of the same type acquired by weight that does not exceed 1⁄10 of 1 percent sure that any additional peanuts exported or the handler and used in the domestic edible in the case of any 1 marketing document crushed are evidenced by onboard bills of market. The peanuts so acquired for the do- shall not be considered to be a marketing lading or other appropriate documentation mestic edible market as provided in this sub- violation except in a case of fraud or conspir- as may be required by the Secretary, or section shall be of the same crop year as the acy. both. peanuts used in the manufacture of the prod- ‘‘(b) USE OF QUOTA AND ADDITIONAL PEA- ‘‘(iii) LOSS OF PEANUTS.—If a handler suf- ucts so exported. NUTS.— fers a loss of peanuts as a result of fire, ‘‘(2) CERTIFICATION.—Under the regula- ‘‘(1) QUOTA PEANUTS.—Only quota peanuts flood, or any other condition beyond the con- tions, the Secretary shall require all han- may be retained for use as seed or for other trol of the handler, the portion of the loss al- dlers who are peanut product manufacturers uses on a farm. When peanuts are so re- located to contracted additional peanuts to submit annual certifications of peanut tained, the retention shall be considered as shall not be greater than the portion of the product content on a product-by-product marketings of quota peanuts, except that the total peanut purchases of the handler for the basis. Any changes in peanut product for- Secretary may exempt from consideration as year attributable to contracted additional mulas as affecting peanut content shall be marketings of quota peanuts seeds of pea- peanuts purchased for export or crushing by recorded within 90 days after the changes. nuts for the quantity involved that are used the handler during the year. The Secretary shall conduct an annual re- to produce peanuts excluded under section ‘‘(iv) SHRINKAGE ALLOWANCE.— view of the certifications. The Secretary 301(b)(18), are unique strains, and are not ‘‘(I) IN GENERAL.—The obligation of a han- shall pursue all available remedies with re- commercially available. dler to export or crush peanuts in quantities spect to persons who fail to comply with this ‘‘(2) ADDITIONAL PEANUTS.—Additional pea- described in this subparagraph shall be re- paragraph. nuts shall not be retained for use on a farm duced by a shrinkage allowance, to be deter- ‘‘(3) RECORDS.—The Secretary shall require and shall not be marketed for domestic edi- mined by the Secretary, to reflect actual handlers who are peanut product manufac- ble use, except as provided in subsection (g). dollar value shrinkage experienced by han- turers to maintain and provide such docu- ‘‘(3) SEED.—Except as provided in para- dlers in commercial operations, except that ments as are necessary to ensure compliance graph (1), seed for planting of any peanut the allowance shall not be less than 4 per- with this subsection and to maintain the in- acreage in the United States shall be ob- cent, except as provided in subclause (II). tegrity of the peanut program. tained solely from quota peanuts marketed ‘‘(II) COMMON INDUSTRY PRACTICES.—The ‘‘(f) CONTRACTS FOR PURCHASE OF ADDI- or considered marketed for domestic edible Secretary may provide a lower shrinkage al- TIONAL PEANUTS.— ‘‘(1) IN GENERAL.—A handler may, under use. lowance for a handler who fails to comply ‘‘(c) MARKETING PEANUTS WITH EXCESS with restrictions on the use of peanuts, as such regulations as the Secretary may issue, QUANTITY, GRADE, OR QUALITY.—On a finding may be specified by the Commodity Credit contract with a producer for the purchase of by the Secretary that the peanuts marketed Corporation, to take into account common additional peanuts for crushing or export, or from any crop for domestic edible use by a industry practices. both. handler are larger in quantity or higher in ‘‘(3) ADEQUATE FINANCES AND FACILITIES.—A ‘‘(2) SUBMISSION TO SECRETARY.— grade or quality than the peanuts that could handler shall submit to the Secretary ade- ‘‘(A) CONTRACT DEADLINE.—Any such con- reasonably be produced from the quantity of quate financial guarantees, as well as evi- tract shall be completed and submitted to peanuts having the grade, kernel content, dence of adequate facilities and assets, with the Secretary (or if designated by the Sec- and quality of the quota peanuts acquired by respect to the facilities under the control retary, the area marketing association) for the handler from the crop for the marketing and operation of the handler, to ensure the approval not later than September 15 of the year, the handler shall be subject to a pen- compliance of the handler with the obliga- year in which the crop is produced. alty equal to 140 percent of the loan level for tion to export peanuts. ‘‘(B) EXTENSION OF DEADLINE.—The Sec- quota peanuts on the quantity of peanuts ‘‘(4) COMMINGLING OF LIKE PEANUTS.—Quota retary may extend the deadline under sub- that the Secretary determines are in excess and additional peanuts of like type and seg- paragraph (A) by up to 15 days in response to of the quantity, grade, or quality of the pea- regation or quality may, under regulations damaging weather or related condition (as nuts that could reasonably have been pro- issued by the Secretary, be commingled and defined in section 112 of the Disaster Assist- duced from the peanuts so acquired. exchanged on a dollar value basis to facili- ance Act of 1989 (Public Law 101–82; 7 U.S.C. ‘‘(d) HANDLING AND DISPOSAL OF ADDI- tate warehousing, handling, and marketing. 1421 note)). The Secretary shall announce the TIONAL PEANUTS.— ‘‘(5) PENALTY.— extension not later than September 5 of the ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—Except as provided in year in which the crop is produced. paragraph (2), the Secretary shall require subparagraph (B), the failure by a handler to ‘‘(3) FORM.—The contract shall be executed that the handling and disposal of additional comply with regulations issued by the Sec- on a form prescribed by the Secretary. The peanuts be supervised by agents of the Sec- retary governing the disposition and han- form shall require such information as the retary or by area marketing associations dling of additional peanuts shall subject the Secretary determines appropriate to ensure designated pursuant to section 106(a)(3)(A) of handler to a penalty at a rate equal to 140 the proper handling of the additional pea- the Agricultural Market Transition Act. percent of the loan level for quota peanuts nuts, including the identity of the contract- ‘‘(2) NONSUPERVISION OF HANDLERS.— on the quantity of peanuts involved in the ing parties, poundage and category of the ‘‘(A) IN GENERAL.—Supervision of the han- violation. peanuts, the disclosure of any liens, and the dling and disposal of additional peanuts by a ‘‘(B) NONDELIVERY.—A handler shall not be intended disposition of the peanuts. handler shall not be required under para- subject to a penalty for failure to export ad- ‘‘(4) INFORMATION FOR HANDLING AND PROC- graph (1) if the handler agrees in writing, ditional peanuts if the peanuts were not de- ESSING ADDITIONAL PEANUTS.—Notwithstand- prior to any handling or disposal of the pea- livered to the handler. ing any other provision of this section, any nuts, to comply with regulations that the ‘‘(6) REENTRY OF EXPORTED PEANUTS.— person wishing to handle and process addi- Secretary shall issue. ‘‘(A) PENALTY.—If any additional peanuts tional peanuts as a handler shall submit to ‘‘(B) REGULATIONS.—The regulations issued or peanut products exported by a handler are the Secretary (or if designated by the Sec- by the Secretary under subparagraph (A) reentered into the United States in commer- retary, the area marketing association), shall include the following provisions: cial quantities as determined by the Sec- such information as may be required under ‘‘(i) TYPES OF EXPORTED OR CRUSHED PEA- retary, the importer of the peanuts and pea- subsection (d) by such date as is prescribed NUTS.—Handlers of shelled or milled peanuts nut products shall be subject to a penalty at by the Secretary so as to permit final action may export or crush peanuts classified by a rate equal to 140 percent of the loan level to be taken on the application by July 1 of type in each of the following quantities: for quota peanuts on the quantity of peanuts each marketing year. ‘‘(I) SOUND SPLIT KERNEL PEANUTS.—Sound reentered. ‘‘(5) TERMS.—Each such contract shall con- split kernel peanuts purchased by the han- ‘‘(B) RECORDS.—Each person, firm, or han- tain the final price to be paid by the handler dler as additional peanuts to which, under dler who imports peanuts into the United for the peanuts involved and a specific prohi- price support loan schedules, a mandated de- States shall maintain such records and docu- bition against the disposition of the peanuts duction with respect to the price paid to the ments as are required by the Secretary to for domestic edible or seed use. producer of the peanuts would be applied due ensure compliance with this subsection. ‘‘(6) SUSPENSION OF RESTRICTIONS ON IM- to the percentage of the sound splits. ‘‘(e) SPECIAL EXPORT CREDITS.— PORTED PEANUTS.—Notwithstanding any ‘‘(II) SOUND MATURE KERNEL PEANUTS.— ‘‘(1) IN GENERAL.—The Secretary shall, other provision of this Act, if the President Sound mature kernel peanuts (which term with due regard for the integrity of the pea- issues a proclamation under section 404(b) of S 938 CONGRESSIONAL RECORD — SENATE February 6, 1996 the Uruguay Round Agreements Act (19 tion by the Treasury of the United States on crop year, except that the total quantity al- U.S.C. 3601(b)) expanding the quantity of pea- the date the penalty became due. located to all institutions in a State shall nuts subject to the in-quota rate of duty ‘‘(2) DE MINIMIS QUANTITY.—This section not exceed 1⁄10 of 1 percent of the basic quota under a tariff-rate quota, or under section 22 shall not apply to peanuts produced on any of the State. of the Agricultural Adjustment Act (7 U.S.C. farm on which the acreage harvested for pea- ‘‘(c) LIMITATION.—The director of the agri- 624), reenacted with amendments by the Ag- nuts is 1 acre or less if the producers who cultural experiment station for a State shall ricultural Marketing Agreement Act of 1937, share in the peanuts produced on the farm do be required to ensure, to the extent prac- temporarily suspending restrictions on the not share in the peanuts produced on any ticable, that farm operators in the State do importation of peanuts, the Secretary shall, other farm. not produce quota peanuts under subsection subject to such terms and conditions as the ‘‘(3) LIENS.—Until the amount of the pen- (a) in excess of the quantity needed for ex- Secretary may prescribe, permit a handler, alty provided by this section is paid, a lien perimental and research purposes. with the written consent of the producer, to on the crop of peanuts with respect to which ‘‘(d) CROPS.—Notwithstanding any other purchase additional peanuts from any pro- the penalty is incurred, and on any subse- provision of law, this section shall be effec- ducer who contracted with the handler and quent crop of peanuts subject to farm pound- tive only for the 1996 through 2002 crops of to offer the peanuts for sale for domestic edi- age quotas in which the person liable for peanuts.’’. ble use. payment of the penalty has an interest, shall (g) REPORTS AND RECORDS.—Effective only ‘‘(g) MARKETING OF PEANUTS OWNED OR be in effect in favor of the United States. for the 1996 through 2002 crops of peanuts, CONTROLLED BY THE COMMODITY CREDIT COR- ‘‘(4) PENALTIES.— the first sentence of section 373(a) of the Ag- PORATION.— ‘‘(A) PROCEDURES.—Notwithstanding any ricultural Adjustment Act of 1938 (7 U.S.C. ‘‘(1) IN GENERAL.—Subject to section 104(k) other provision of law, the liability for and 1373(a)) is amended by inserting before ‘‘all of the Agricultural Market Transition Act, the amount of any penalty assessed under brokers and dealers in peanuts’’ the follow- any peanuts owned or controlled by the Com- this section shall be determined in accord- ing: ‘‘all producers engaged in the production modity Credit Corporation may be made ance with such procedures as the Secretary of peanuts,’’. available for domestic edible use, in accord- may by regulation prescribe. The facts con- (h) REGULATIONS.—The Secretary of Agri- ance with regulations issued by the Sec- stituting the basis for determining the liabil- culture shall issue such regulations as are retary, so long as doing so does not result in ity for or amount of any penalty assessed necessary to carry out this section and the substantially increased cost to the Commod- under this section, when officially deter- amendments made by this section. In issuing ity Credit Corporation. Additional peanuts mined in conformity with the applicable reg- the regulations, the Secretary shall— received under loan shall be offered for sale ulations prescribed by the Secretary, shall (1) comply with subchapter II of chapter 5 for domestic edible use at prices that are not be final and conclusive and shall not be of title 5, United States Code; less than the prices that are required to reviewable by any other officer or agency of (2) provide public notice through the Fed- cover all costs incurred with respect to the the Federal Government. eral Register of any such proposed regula- peanuts for such items as inspection, ‘‘(B) JUDICIAL REVIEW.—Nothing in this sec- tions; and warehousing, shrinkage, and other expenses, tion prohibits any court of competent juris- (3) allow adequate time for written public plus— diction from reviewing any determination comment prior to the formulation and issu- ‘‘(A) not less than 100 percent of the loan made by the Secretary with respect to ance of any final regulations. value of quota peanuts if the additional pea- nuts are sold and paid for during the harvest whether the determination was made in con- AMENDMENT NO. 3341 season on delivery by and with the written formity with applicable law. consent of the producer; ‘‘(C) CIVIL PENALTIES.—All penalties im- Strike the section relating to the peanut ‘‘(B) not less than 105 percent of the loan posed under this section shall for all pur- program and insert the following: value of quota peanuts if the additional pea- poses be considered civil penalties. SEC. 106. PEANUT PROGRAM. nuts are sold after delivery by the producer ‘‘(5) REDUCTION OF PENALTIES.— (a) PRICE SUPPORT PROGRAM.— but not later than December 31 of the mar- ‘‘(A) IN GENERAL.—Except as provided in (1) QUOTA PEANUTS.— keting year; or subparagraph (B) and notwithstanding any (A) IN GENERAL.—The Secretary shall make ‘‘(C) not less than 107 percent of the loan other provision of law, the Secretary may re- price support available to producers through value of quota peanuts if the additional pea- duce the amount of any penalty assessed loans, purchases, and other operations on nuts are sold later than December 31 of the against handlers under this section by any quota peanuts for each of the 1996 through marketing year. appropriate amount, including, in an appro- 2002 crops. ‘‘(2) ACCEPTANCE OF BIDS BY AREA MARKET- priate case, eliminating the penalty entirely, (B) SUPPORT RATES.— ING ASSOCIATIONS.— if the Secretary finds that the violation on (i) IN GENERAL.—Subject to clause (ii), the ‘‘(A) IN GENERAL.—Except as provided in which the penalty is based was minor or in- national average quota support rate for each subparagraph (B), for the period from the advertent, and that the reduction of the pen- of the 1996 through 2002 crops of quota pea- date additional peanuts are delivered for alty will not impair the operation of the pea- nuts shall be the national average quota sup- loan to March 1 of the calendar year follow- nut program. port rate for the immediately preceding ing the year in which the additional peanuts ‘‘(B) FAILURE TO EXPORT CONTRACTED ADDI- crop, adjusted to reflect any increase or de- were harvested, the area marketing associa- TIONAL PEANUTS.—The amount of any pen- crease, during the calendar year imme- tion designated pursuant to section alty imposed on a handler under this section diately preceding the marketing year for the 106(a)(3)(A) of the Agricultural Market Tran- that resulted from the failure to export or crop for which a level of support is being de- sition Act shall have sole authority to ac- crush contracted additional peanuts shall termined, in the national average cost of cept or reject lot list bids when the sales not be reduced by the Secretary. peanut production, excluding any change in ‘‘(i) CROPS.—Notwithstanding any other price, as determined under this subsection, the cost of land and the cost of any assess- provision of law, this section shall be effec- equals or exceeds the minimum price at ments required under paragraph (7). tive only for the 1996 through 2002 crops of which the Commodity Credit Corporation (ii) MAXIMUM RATE.—In no event shall the peanuts.’’. may sell the stocks of additional peanuts of national average quota support rate for any (f) EXPERIMENTAL AND RESEARCH PROGRAMS such crop be increased or decreased by more the Corporation. FOR PEANUTS.—Section 358c of the Agricul- ‘‘(B) MODIFICATION.—The area marketing tural Adjustment Act of 1938 (7 U.S.C. 1358c) than 5 percent of the national average quota association and the Commodity Credit Cor- is amended to read as follows: support rate for the preceding crop. (C) INSPECTION, HANDLING, OR STORAGE.— poration may agree to modify the authority ‘‘SEC. 358c. EXPERIMENTAL AND RESEARCH PRO- granted by subparagraph (A) to facilitate the GRAMS FOR PEANUTS. The level of support determined under sub- orderly marketing of additional peanuts. ‘‘(a) IN GENERAL.—Notwithstanding any paragraph (B) shall not be reduced by any de- ‘‘(3) PRODUCER MARKETING AND EXPENSES.— other provision of this Act, the Secretary duction for inspection, handling, or storage. Notwithstanding any other provision of this may permit a portion of the poundage quota (D) LOCATION AND OTHER FACTORS.—The Act, the Secretary shall, in any determina- for peanuts apportioned to any State to be Secretary may make adjustments for loca- tion required under paragraphs (1)(B) and allocated from the quota reserve of the State tion of peanuts and such other factors as are (2)(A) of section 106(a) of the Agricultural to land-grant institutions identified in the authorized by section 104(i). Market Transition Act, include any addi- Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 (E) ANNOUNCEMENT.—The Secretary shall tional marketing expenses required by law, U.S.C. 341 et seq.), and colleges eligible to re- announce the level of support for quota pea- excluding the amount of any assessment re- ceive funds under the Act of August 30, 1890 nuts of each crop not later than the Feb- quired under section 106(a)(7) of the Agricul- (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), ruary 15 preceding the marketing year for tural Market Transition Act. including Tuskegee Institute and, as appro- the crop for which the level of support is ‘‘(h) ADMINISTRATION.— priate, the Agricultural Research Service of being determined. ‘‘(1) INTEREST.—The person liable for pay- the Department of Agriculture to be used for (2) ADDITIONAL PEANUTS.— ment or collection of any penalty provided experimental and research purposes. (A) IN GENERAL.—The Secretary shall make for in this section shall be liable also for in- ‘‘(b) QUANTITY.—The quantity of the quota price support available to producers through terest on the penalty at a rate per annum allocated to an institution under this section loans, purchases, or other operations on ad- equal to the rate per annum of interest that shall not exceed the quantity of the quota ditional peanuts for each of the 1996 through was charged the Commodity Credit Corpora- held by each such institution during the 1985 2002 crops at such levels as the Secretary February 6, 1996 CONGRESSIONAL RECORD — SENATE S 939 considers appropriate, taking into consider- cated to offset any loss on the pool for quota Adjustment Act (7 U.S.C. 601 et seq.), reen- ation the demand for peanut oil and peanut peanuts as provided in subclause (I). acted with amendments by the Agricultural meal, expected prices of other vegetable oils (4) LOSSES.—Losses in quota area pools Marketing Agreement Act of 1937); and and protein meals, and the demand for pea- shall be covered using the following sources (iv) ensure that any changes made in the nuts in foreign markets, except that the Sec- in the following order of priority: price support program as a result of this retary shall set the support rate on addi- (A) TRANSFERS FROM ADDITIONAL LOAN paragraph requiring additional production or tional peanuts at a level estimated by the POOLS.—The proceeds due any producer from handling at the farm level are reflected as an Secretary to ensure that there are no losses any pool shall be reduced by the amount of upward adjustment in the Department of Ag- to the Commodity Credit Corporation on the any loss that is incurred with respect to pea- riculture loan schedule. sale or disposal of the peanuts. nuts transferred from an additional loan pool (B) EXPORTS AND OTHER PEANUTS.—The (B) ANNOUNCEMENT.—The Secretary shall to a quota loan pool by the producer under Secretary shall require that all peanuts, in- announce the level of support for additional section 358–1(b)(2)(B)(v) of the Agricultural cluding peanuts imported into the United peanuts of each crop not later than the Feb- Adjustment Act of 1938 (as amended by sub- States, meet all United States quality stand- ruary 15 preceding the marketing year for section (c)). ards under Marketing Agreement No. 146 and the crop for which the level of support is (B) OTHER PRODUCERS IN SAME POOL.—Fur- that importers of the peanuts fully comply being determined. ther losses in an area quota pool shall be off- with inspection, handling, storage, and proc- (3) AREA MARKETING ASSOCIATIONS.— set by reducing the gain of any producer in essing requirements implemented under (A) WAREHOUSE STORAGE LOANS.— the pool by the amount of pool gains attrib- Marketing Agreement No. 146. The Secretary (i) IN GENERAL.—In carrying out para- uted to the same producer from the sale of shall ensure that peanuts produced for the graphs (1) and (2), the Secretary shall make additional peanuts for domestic and export export market meet quality, inspection, han- warehouse storage loans available in each of edible use. dling, storage, and processing requirements the 3 producing areas described in section (C) ADDITIONAL PEANUT GAINS.—Further under Marketing Agreement No. 146. 1446.95 of title 7, Code of Federal Regulations losses in an area quota pool shall be offset by (7) MARKETING ASSESSMENT.— (as of January 1, 1989), to a designated area gains or profits attributable to sales of addi- (A) IN GENERAL.—The Secretary shall pro- marketing association of peanut producers tional peanuts in that area for domestic edi- vide, by regulation, for a nonrefundable mar- that is selected and approved by the Sec- ble and other uses. keting assessment applicable to each of the retary and that is operated primarily for the (D) USE OF MARKETING ASSESSMENTS.—The 1996 through 2002 crops of peanuts. The as- purpose of conducting the loan activities. Secretary shall use funds collected under sessment shall be made in accordance with The Secretary may not make warehouse paragraph (7) to offset further losses in area this paragraph and shall be on a per pound storage loans available to any cooperative quota pools. The Secretary shall transfer to basis in an amount equal to 1.2 percent of that is engaged in operations or activities the Treasury those funds collected under the national average quota or additional pea- concerning peanuts other than those oper- paragraph (7) and available for use under this nut support rate per pound, as applicable, for ations and activities specified in this sub- subsection that the Secretary determines are the applicable crop. No peanuts shall be as- section and sections 358e of the Agricultural not required to cover losses in area quota sessed more than 1.2 percent of the applica- Adjustment Act of 1938 (7 U.S.C. 1359a). pools. ble support rate under this paragraph. (ii) ADMINISTRATIVE AND SUPERVISORY AC- (E) CROSS COMPLIANCE.—Further losses in (B) FIRST PURCHASERS.— TIVITIES.—The area marketing associations area quota pools, other than losses incurred (i) IN GENERAL.—Except as provided under shall be used in administrative and super- as a result of transfers from additional loan subparagraphs (C) and (D), the first pur- visory activities relating to price support pools to quota loan pools under section 358– chaser of peanuts shall— and marketing activities under this sub- 1(b)(2)(B)(v) of the Agricultural Adjustment (I) collect from the producer a marketing section and sections 358e of the Agricultural Act of 1938 (as amended by subsection (c)), assessment equal to the quantity of peanuts Adjustment Act of 1938. shall be offset by any gains or profits from acquired multiplied by .65 percent of the ap- (iii) ASSOCIATION COSTS.—Loans made to an pools in other production areas (other than plicable national average support rate; area marketing association under this sub- separate type pools established under para- (II) pay, in addition to the amount col- paragraph shall include, in addition to the graph (3)(B)(i) for Valencia peanuts produced lected under subclause (I), a marketing as- price support value of the peanuts, such in New Mexico) in such manner as the Sec- sessment in an amount equal to the quantity costs as the association reasonably may retary shall by regulation prescribe. of peanuts acquired multiplied by .55 percent incur in carrying out the responsibilities, op- (F) INCREASED ASSESSMENTS.—If use of the of the applicable national average support erations, and activities of the association authorities provided in the preceding para- rate; and under this subsection and sections 358e of the graphs is not sufficient to cover losses in an (III) remit the amounts required under Agricultural Adjustment Act of 1938. area quota pool, the Secretary shall increase subclauses (I) and (II) to the Commodity (B) POOLS FOR QUOTA AND ADDITIONAL PEA- the marketing assessment established under Credit Corporation in a manner specified by NUTS.— paragraph (7) by such an amount as the Sec- the Secretary. (i) IN GENERAL.—The Secretary shall re- retary considers necessary to cover the (ii) IMPORTED PEANUTS.—In the case of im- quire that each area marketing association losses. Amounts collected under paragraph ported peanuts, the first purchaser shall pay establish pools and maintain complete and (7) as a result of the increased assessment to the Commodity Credit Corporation, in a accurate records by area and segregation for shall be retained by the Secretary to cover manner specified by the Secretary, a mar- quota peanuts handled under loan and for ad- losses in that pool. keting assessment in an amount equal to the ditional peanuts placed under loan, except (5) DISAPPROVAL OF QUOTAS.—Notwith- quantity of peanuts acquired multiplied by that separate pools shall be established for standing any other provision of law, no price 1.2 percent of the national average support Valencia peanuts produced in New Mexico. support may be made available by the Sec- rate for additional peanuts. Peanuts produced outside New Mexico shall retary for any crop of peanuts with respect (iii) DEFINITION.—In this paragraph, the not be eligible for entry into or participation to which poundage quotas have been dis- term ‘‘first purchaser’’ means a person ac- in the separate pools established for Valen- approved by producers, as provided for in quiring peanuts from a producer, except that cia peanuts produced in New Mexico. Bright section 358–1(d) of the Agricultural Adjust- in the case of peanuts forfeited by a producer hull and dark hull Valencia peanuts shall be ment Act of 1938 (as amended by subsection to the Commodity Credit Corporation, the considered as separate types for the purpose (c)). term means the person acquiring the peanuts of establishing the pools. (6) QUALITY IMPROVEMENT.— from the Commodity Credit Corporation. (ii) NET GAINS.—Net gains on peanuts in (A) PRICE SUPPORT PEANUTS.—With respect (C) OTHER PRIVATE MARKETINGS.—In the each pool, unless otherwise approved by the to peanuts under price support loan, the Sec- case of a private marketing by a producer di- Secretary, shall be distributed only to pro- retary shall— rectly to a consumer through a retail or ducers who placed peanuts in the pool and (i) promote the crushing of peanuts at a wholesale outlet or in the case of a market- shall be distributed in proportion to the greater risk of deterioration before peanuts ing by the producer outside of the continen- value of the peanuts placed in the pool by at a lesser risk of deterioration; tal United States, the producer shall be re- each producer. Net gains for peanuts in each (ii) ensure that all Commodity Credit Cor- sponsible for the full amount of the assess- pool shall consist of the following: poration loan stocks of peanuts sold for do- ment and shall remit the assessment by such (I) QUOTA PEANUTS.—For quota peanuts, mestic edible use are shown to have been of- time as is specified by the Secretary. the net gains over and above the loan indebt- ficially inspected by licensed Department of (D) LOAN PEANUTS.—In the case of peanuts edness and other costs or losses incurred on Agriculture inspectors both as farmer stock that are pledged as collateral for a price sup- peanuts placed in the pool plus an amount and shelled or cleaned in-shell peanuts; port loan made under this subsection, 1⁄2 of from all additional pool gains equal to any (iii) continue to endeavor to operate the the assessment shall be deducted from the loss on disposition of all peanuts in the pool peanut price support program so as to im- proceeds of the loan. The remainder of the for quota peanuts. prove the quality of domestic peanuts and assessment shall be paid by the first pur- (II) ADDITIONAL PEANUTS.—For additional ensure the coordination of activities under chaser of the peanuts. For the purposes of peanuts, the net gains over and above the the Peanut Administrative Committee es- computing net gains on peanuts under this loan indebtedness and other costs or losses tablished under Marketing Agreement No. subsection, the reduction in loan proceeds incurred on peanuts placed in the pool for 146, regulating the quality of domestically shall be treated as having been paid to the additional peanuts less any amount allo- produced peanuts (under the Agricultural producer. S 940 CONGRESSIONAL RECORD — SENATE February 6, 1996

(E) PENALTIES.—If any person fails to col- of quotas voluntarily released for 1 year the marketing years during which the trans- lect or remit the reduction required by this under paragraph (7). fers occur. paragraph or fails to comply with such re- ‘‘(ii) INCREASED QUOTA.—The farm pound- ‘‘(vi) USE OF QUOTA AND ADDITIONAL PEA- quirements for recordkeeping or otherwise as age quota, if any, for each of the 1996 NUTS.—Nothing in this subparagraph affects are required by the Secretary to carry out through 2002 marketing years for each farm the requirements of section 358b(b). this paragraph, the person shall be liable to described in subparagraph (A)(ii) shall be ‘‘(vii) ADDITIONAL ALLOCATION.—The tem- the Secretary for a civil penalty up to an equal to the quantity of peanuts allocated to porary allocation of quota pounds under this amount determined by multiplying— the farm for the year under paragraph (2). subparagraph shall be in addition to the (i) the quantity of peanuts involved in the ‘‘(C) TRANSFERS.—For purposes of this sub- farm poundage quota established under this violation; by section, if the farm poundage quota, or any subsection and shall be credited to the pro- (ii) the national average quota peanut part of the quota, is permanently transferred ducers of the peanuts on the farm in accord- price support level for the applicable crop in accordance with section 358b, the receiv- ance with regulations issued by the Sec- year. ing farm shall be considered as possessing retary. (F) ENFORCEMENT.—The Secretary may en- the farm poundage quota (or portion of the ‘‘(C) DECREASE.—If the poundage quota ap- force this paragraph in the courts of the quota) of the transferring farm for all subse- portioned to a State under subsection (a)(3) United States. quent marketing years. for any of the 1996 through 2002 marketing (8) CROPS.—Notwithstanding any other pro- ‘‘(2) ADJUSTMENTS.— years is decreased from the poundage quota vision of law, this subsection shall be effec- ‘‘(A) ALLOCATION OF INCREASED QUOTA GEN- apportioned to farms in the State under sub- tive only for the 1996 through 2002 crops of ERALLY.—Subject to subparagraphs (B) and section (a)(3) for the immediately preceding peanuts. (D), if the poundage quota apportioned to a marketing year, the decrease shall be allo- (b) SUSPENSION OF MARKETING QUOTAS AND State under subsection (a)(3) for any of the cated among all the farms in the State for ACREAGE ALLOTMENTS.—Section 371 of the 1996 through 2002 marketing years is in- which a farm poundage quota was estab- Agricultural Adjustment Act of 1938 (7 U.S.C. creased over the poundage quota apportioned lished for the marketing year immediately 1371) shall not be applicable to the 1996 to farms in the State for the immediately preceding the marketing year for which the through 2002 crops of peanuts. preceding marketing year, the increase shall allocation is being made. be allocated proportionately, based on farm ‘‘(D) SPECIAL RULE ON TENANT’S SHARE OF (c) NATIONAL POUNDAGE QUOTAS AND ACRE- production history for peanuts for the 3 im- INCREASED QUOTA.—Subject to terms and con- AGE ALLOTMENTS.—Section 358–1 of the Agri- ditions prescribed by the Secretary, on farms cultural Adjustment Act of 1938 (7 U.S.C. mediately preceding years, among— ‘‘(i) all farms in the State for which a farm that were leased to a tenant for peanut pro- 1358–1) is amended to read as follows: poundage quota was established for the mar- duction, the tenant shall share equally with ‘‘SEC. 358–1. NATIONAL POUNDAGE QUOTAS AND keting year immediately preceding the mar- the owner of the farm in the percentage of ACREAGE ALLOTMENTS FOR 1996 keting year for which the allocation is being the quota made available under subpara- THROUGH 2002 CROPS OF PEANUTS. made; and graph (A) and otherwise allocated to the ‘‘(a) NATIONAL POUNDAGE QUOTAS.— ‘‘(ii) all other farms in the State on which farm as the result of the production of the ‘‘(1) ESTABLISHMENT.—The national pound- peanuts were produced in at least 2 of the 3 tenant on the farm of additional peanuts. age quota for peanuts for each of the 1996 immediately preceding crop years, as deter- Not later than April 1 of each year or as soon through 2002 marketing years shall be estab- mined by the Secretary. as practicable during the year, the share of lished by the Secretary at a level that is ‘‘(B) TEMPORARY QUOTA ALLOCATION.— the tenant of any such quota shall be allo- equal to the quantity of peanuts (in tons) ‘‘(i) IN GENERAL.—Subject to clause (iv), cated to a farm within the county owned by that the Secretary estimates will be devoted temporary allocation of a poundage quota the tenant or sold by the tenant to the owner in each such marketing year to domestic edi- for the marketing year in which a crop of of any farm within the county and perma- ble and related uses, excluding seed. The peanuts is planted shall be made to produc- nently transferred to the farm. Any quota Secretary shall include in the annual esti- ers for each of the 1996 through 2002 market- not so disposed of as provided in this sub- mate of domestic edible and related uses, the ing years in accordance with this subpara- paragraph shall be allocated to other quota estimated quantity of peanuts and peanut graph. farms in the State under paragraph (6) as products to be imported into the United ‘‘(ii) QUANTITY.—The temporary quota allo- part of the quota reduced from farms in the States for the marketing year for which the cation shall be equal to the quantity of seed State due to the failure to produce the quota is being established. peanuts (in pounds) planted on a farm, as de- quota. ‘‘(2) ANNOUNCEMENT.—The national pound- termined in accordance with regulations is- ‘‘(3) QUOTA NOT PRODUCED.— age quota for a marketing year shall be an- sued by the Secretary. ‘‘(A) IN GENERAL.—Insofar as practicable nounced by the Secretary not later than the ‘‘(iii) ALLOCATION.—The allocation of quota and on such fair and equitable basis as the December 15 preceding the marketing year. pounds to producers under this subparagraph Secretary may by regulation prescribe, the ‘‘(3) APPORTIONMENT AMONG STATES.—The shall be performed in such a manner as will farm poundage quota established for a farm national poundage quota established under not result in a net decrease in quota pounds for any of the 1996 through 2002 marketing paragraph (1) shall be apportioned among the on a farm in excess of 3 percent, after the years shall be reduced to the extent that the States so that the poundage quota allocated temporary seed quota is added, from the Secretary determines that the farm pound- to each State is equal to the percentage of basic farm quota for the 1995 marketing age quota established for the farm for any 2 the national poundage quota allocated to year. A decrease shall occur only once, shall of the 3 marketing years preceding the mar- farms in the State for 1995. be applicable only to the 1996 marketing keting year for which the determination is ‘‘(b) FARM POUNDAGE QUOTAS.— year. being made was not produced, or considered ‘‘(1) IN GENERAL.— ‘‘(iv) NO INCREASED COSTS.—The Secretary produced, on the farm. ‘‘(A) ESTABLISHMENT.—A farm poundage may carry out this subparagraph only if this ‘‘(B) EXCLUSIONS.—For the purposes of this quota for each of the 1996 through 2002 mar- subparagraph does not result in— paragraph, the farm poundage quota for any keting years shall be established— ‘‘(I) an increased cost to the Commodity such preceding marketing year shall not in- ‘‘(i) for each farm that had a farm pound- Credit Corporation through displacement of clude any increase resulting from the alloca- age quota for peanuts for the 1995 marketing quota peanuts by additional peanuts in the tion of quotas voluntarily released for 1 year year; domestic market; under paragraph (7). ‘‘(ii) if the poundage quota apportioned to ‘‘(II) an increased loss in a loan pool of an ‘‘(4) QUOTA CONSIDERED PRODUCED.— a State under subsection (a)(3) for any such area marketing association designated pur- ‘‘(A) IN GENERAL.—For purposes of this sub- marketing year is larger than the quota for suant to section 106(a)(3)(A) of the Agricul- section, subject to subparagraph (B), the the immediately preceding marketing year, tural Market Transition Act; or farm poundage quota shall be considered pro- for each other farm on which peanuts were ‘‘(III) other increased costs. duced on a farm if— produced for marketing in at least 2 of the 3 ‘‘(v) TRANSFER OF ADDITIONAL PEANUTS.— ‘‘(i) the farm poundage quota was not pro- immediately preceding crop years, as deter- ‘‘(I) IN GENERAL.—Except as provided in duced on the farm because of drought, flood, mined by the Secretary; and subclause (II), additional peanuts on a farm or any other natural disaster, or any other ‘‘(iii) as approved and determined by the from which the quota poundage was not har- condition beyond the control of the pro- Secretary under section 358c, for each farm vested and marketed may be transferred to ducer, as determined by the Secretary; on which peanuts are produced in connection the quota loan pool for pricing purposes on ‘‘(ii) the farm poundage quota for the farm with experimental and research programs. such basis as the Secretary shall provide by was released voluntarily under paragraph (7) ‘‘(B) QUANTITY.— regulation. for only 1 of the 3 marketing years imme- ‘‘(i) IN GENERAL.—The farm poundage quota ‘‘(II) LIMITATIONS.—The poundage of pea- diately preceding the marketing year for for each of the 1996 through 2002 marketing nuts transferred under subclause (I) shall not which the determination is being made; or years for each farm described in subpara- exceed 25 percent of the total farm poundage ‘‘(iii) the farm poundage quota was leased graph (A)(i) shall be the same as the farm quota, excluding pounds transferred in the to another owner or operator of a farm with- poundage quota for the farm for the imme- fall. in the same county for transfer to the farm diately preceding marketing year, as ad- ‘‘(III) SUPPORT RATE.—Peanuts transferred for only 1 of the 3 marketing years imme- justed under paragraph (2), but not including under this clause shall be supported at a rate diately preceding the marketing year for any increases resulting from the allocation of 70 percent of the quota support rate for which the determination is being made. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 941

‘‘(B) MARKETING YEARS.—For purposes of stantial change in the operation of the farm cultural Adjustment Act of 1938 (7 U.S.C. clauses (ii) and (iii) of subparagraph (A)— during the period (including a change in op- 1358b) is amended to read as follows: ‘‘(i) the farm poundage quota leased or erator, lessee who is an operator, or irriga- ‘‘SEC. 358b. SALE, LEASE, OR TRANSFER OF FARM transferred shall be considered produced for tion practices), the Secretary shall have a POUNDAGE QUOTA FOR 1996 only 1 of the 3 marketing years immediately yield appraised for the farm. The appraised THROUGH 2000 CROPS OF PEANUTS. preceding the marketing year for which the yield shall be that quantity determined to be ‘‘(a) IN GENERAL.— determination is being made; and fair and reasonable on the basis of yields es- ‘‘(1) AUTHORITY.— ‘‘(ii) the farm shall not be considered to tablished for similar farms that are located ‘‘(A) IN GENERAL.—Subject to such terms, have produced for more than 1 marketing in the area of the farm and on which peanuts conditions, or limitations as the Secretary year out of the 3 immediately preceding were produced, taking into consideration may prescribe, the owner, or operator with marketing years. land, labor, and equipment available for the the permission of the owner, of any farm for ‘‘(5) QUOTA PERMANENTLY RELEASED.—Not- production of peanuts, crop rotation prac- which a farm poundage quota has been estab- withstanding any other provision of law— tices, soil and water, and other relevant fac- lished under this Act may sell or lease all or ‘‘(A) the farm poundage quota established tors. any part of the poundage quota to any other for a farm under this subsection, or any part ‘‘(d) REFERENDUM RESPECTING POUNDAGE owner or operator of a farm within the same of the quota, may be permanently released QUOTAS.— county for transfer to the farm, except that by the owner of the farm, or the operator ‘‘(1) IN GENERAL.—Not later than December any such lease of poundage quota may be en- with the permission of the owner; and 15 of each calendar year, the Secretary shall tered into in the fall or after the normal ‘‘(B) the poundage quota for the farm for conduct a referendum of producers engaged planting season— which the quota is released shall be adjusted in the production of quota peanuts in the ‘‘(i) if not less than 90 percent of the basic downward to reflect the quota that is re- calendar year in which the referendum is quota (consisting of the farm quota and tem- leased. held to determine whether the producers are porary quota transfers), plus any poundage ‘‘(6) ALLOCATION OF QUOTAS REDUCED OR RE- in favor of or opposed to poundage quotas quota transferred to the farm under this sub- LEASED.— with respect to the crops of peanuts pro- section, has been planted or considered ‘‘(A) IN GENERAL.—Except as provided in duced in the 5 calendar years immediately planted on the farm from which the quota is subparagraph (B), the total quantity of the following the year in which the referendum to be leased; and farm poundage quotas reduced or voluntarily is held, except that, if at least 2⁄3 of the pro- ‘‘(ii) under such terms and conditions as released from farms in a State for any mar- ducers voting in any referendum vote in the Secretary may by regulation prescribe. keting year under paragraphs (3) and (5) favor of poundage quotas, no referendum ‘‘(B) FALL TRANSFERS.— shall be allocated, as the Secretary may by shall be held with respect to quotas for the ‘‘(i) NO TRANSFER AUTHORIZATION.—In the regulation prescribe, to other farms in the remaining years of the 5-calendar year pe- case of a fall transfer or a transfer after the State on which peanuts were produced in at riod. normal planting season by a cash lessee, the least 2 of the 3 crop years immediately pre- ‘‘(2) PROCLAMATION.—The Secretary shall landowner shall not be required to sign the ceding the year for which the allocation is proclaim the result of the referendum within transfer authorization. being made. 30 days after the date on which the referen- ‘‘(ii) TIME LIMITATION.—A fall transfer or a ‘‘(B) SET-ASIDE FOR FARMS WITH NO dum is held. transfer after the normal planting season may be made not later than 72 hours after QUOTA.—The total amount of farm poundage ‘‘(3) VOTE AGAINST QUOTAS.—If more than 1⁄3 quota to be allocated in the State under sub- of the producers voting in the referendum the peanuts that are the subject of the trans- paragraph (A) shall be allocated to farms in vote against poundage quotas, the Secretary fer are inspected and graded. the State for which no farm poundage quota shall proclaim that poundage quotas will not ‘‘(iii) LESSEES.—In the case of a fall trans- was established for the crop of the imme- be in effect with respect to the crop of pea- fer, poundage quota from a farm may be diately preceding year. The allocation to any nuts produced in the calendar year imme- leased to an owner or operator of another such farm shall not exceed the average farm diately following the calendar year in which farm within the same county or to an owner production of peanuts for the 3 immediately the referendum is held. or operator of another farm in any other preceding years during which peanuts were ‘‘(e) DEFINITIONS.—In this part and the Ag- county within the State. produced on the farm. Any farm poundage ricultural Market Transition Act: ‘‘(iv) EFFECT OF TRANSFER.—A fall transfer quota remaining after allocation to farms ‘‘(1) ADDITIONAL PEANUTS.—The term ‘addi- of poundage quota shall not affect the farm under this subparagraph shall be allocated to tional peanuts’ means, for any marketing quota history for the transferring or receiv- farms in the State on which poundage quotas year— ing farm and shall not result in the reduc- were established for the crop of the imme- ‘‘(A) any peanuts that are marketed from a tion of the farm poundage quota on the diately preceding year. farm for which a farm poundage quota has transferring farm. ‘‘(7) QUOTA TEMPORARILY RELEASED.— been established and that are in excess of the ‘‘(2) TRANSFERS TO OTHER SELF-OWNED ‘‘(A) IN GENERAL.—The farm poundage marketings of quota peanuts from the farm FARMS.—The owner or operator of a farm quota, or any portion of the quota, estab- for the year; and may transfer all or any part of the farm lished for a farm for a marketing year may ‘‘(B) all peanuts marketed from a farm for poundage quota for the farm to any other be voluntarily released to the Secretary to which no farm poundage quota has been es- farm owned or controlled by the owner or op- the extent that the quota, or any part of the tablished in accordance with subsection (b). erator that is in the same State and that had quota, will not be produced on the farm for ‘‘(2) CRUSH.—The term ‘crush’ means the a farm poundage quota for the crop of the the marketing year. Any farm poundage processing of peanuts to extract oil for food preceding year, if both the transferring and quota so released in a State shall be allo- uses and meal for feed uses, or the processing receiving farms were under the control of the cated to other farms in the State on such of peanuts by crushing or otherwise when au- owner or operator for at least 3 crop years basis as the Secretary may by regulation thorized by the Secretary. prior to the crop year in which the farm prescribe. ‘‘(3) DOMESTIC EDIBLE USE.—The term ‘do- poundage quota is to be transferred. Any ‘‘(B) EFFECTIVE PERIOD.—Except as other- mestic edible use’ means use for milling to farm poundage quota transferred under this wise provided in this section, any adjust- produce domestic food peanuts (other than a paragraph shall not result in any reduction ment in the farm poundage quota for a farm use described in paragraph (2)) and seed and in the farm poundage quota for the transfer- under subparagraph (A) shall be effective use on a farm, except that the Secretary ring farm if sufficient acreage is planted on only for the marketing year for which the may exempt from this paragraph seeds of the receiving farm to produce the quota adjustment is made and shall not be taken peanuts that are used to produce peanuts ex- pounds transferred. into consideration in establishing a farm cluded under section 301(b)(18), are unique ‘‘(3) TRANSFERS WITHIN STATES WITH SMALL poundage quota for the farm from which the strains, and are not commercially available. QUOTAS.—In the case of any State for which quota was released for any subsequent mar- ‘‘(4) QUOTA PEANUTS.—The term ‘quota pea- the poundage quota allocated to the State keting year. nuts’ means, for any marketing year, any was less than 10,000 tons for the crop of the ‘‘(c) FARM YIELDS.— peanuts produced on a farm having a farm preceding year, all or any part of a farm ‘‘(1) IN GENERAL.—For each farm for which poundage quota, as determined under sub- poundage quota may be transferred by sale a farm poundage quota is established under section (b), that— or lease or otherwise from a farm in 1 county subsection (b), and when necessary for pur- ‘‘(A) are eligible for domestic edible use as to a farm in another county in the same poses of this Act, a farm yield of peanuts determined by the Secretary; State. shall be determined for each such farm. ‘‘(B) are marketed or considered marketed ‘‘(4) TRANSFERS BETWEEN STATES HAVING ‘‘(2) QUANTITY.—The yield shall be equal to from a farm; and QUOTAS OF LESS THAN 10,000 TONS.—Notwith- the average of the actual yield per acre on ‘‘(C) do not exceed the farm poundage standing paragraphs (1) through (3), in the the farm for each of the 3 crop years in quota of the farm for the year. case of any State for which the poundage which yields were highest on the farm during ‘‘(f) CROPS.—Notwithstanding any other quota allocated to the State was less than the 5-year period consisting of the 1973 provision of law, this section shall be effec- 10,000 tons for the crop of the preceding year, through 1977 crop years. tive only for the 1996 through 2002 crops of all or any part of a farm poundage quota up ‘‘(3) APPRAISED YIELDS.—If peanuts were peanuts.’’. to 1,000 tons may be transferred by sale or not produced on the farm in at least 3 years (d) SALE, LEASE, OR TRANSFER OF FARM lease from a farm in 1 such State to a farm during the 5-year period or there was a sub- POUNDAGE QUOTA.—Section 358b of the Agri- in another such State. S 942 CONGRESSIONAL RECORD — SENATE February 6, 1996

‘‘(5) TRANSFERS BY SALE IN STATES HAVING domestic edible use in excess of the farm ‘‘(b) USE OF QUOTA AND ADDITIONAL PEA- QUOTAS OF 10,000 TONS OR MORE.— poundage quota for the farm on which the NUTS.— ‘‘(A) IN GENERAL.—Subject to the other peanuts are produced shall be subject to a ‘‘(1) QUOTA PEANUTS.—Only quota peanuts provisions of this paragraph and such terms penalty at a rate equal to 140 percent of the may be retained for use as seed or for other and conditions as the Secretary may pre- support price for quota peanuts for the mar- uses on a farm. When peanuts are so re- scribe, the owner, or operator with the per- keting year in which the marketing occurs. tained, the retention shall be considered as mission of the owner, of any farm for which The penalty shall not apply to the market- marketings of quota peanuts, except that the a farm quota has been established under this ing of breeder or Foundation seed peanuts Secretary may exempt from consideration as Act in a State having a poundage quota of grown and marketed by a publicly owned ag- marketings of quota peanuts seeds of pea- 10,000 tons or more may sell poundage quota ricultural experiment station (including a nuts for the quantity involved that are used to any other eligible owner or operator of a State operated seed organization) under such to produce peanuts excluded under section farm within the same State. regulations as the Secretary may prescribe. 301(b)(18), are unique strains, and are not ‘‘(B) LIMITATIONS BASED ON TOTAL POUND- ‘‘(B) MARKETING YEAR.—For purposes of commercially available. AGE QUOTA.— this section, the marketing year for peanuts ‘‘(2) ADDITIONAL PEANUTS.—Additional pea- ‘‘(i) 1996 MARKETING YEAR.—Not more than shall be the 12-month period beginning Au- nuts shall not be retained for use on a farm 15 percent of the total poundage quota with- gust 1 and ending July 31. and shall not be marketed for domestic edi- in a county as of January 1, 1996, may be sold ‘‘(C) MARKETING ADDITIONAL PEANUTS.—The ble use, except as provided in subsection (g). and transferred under this paragraph during marketing of any additional peanuts from a ‘‘(3) SEED.—Except as provided in para- the 1996 marketing year. farm shall be subject to the same penalty as graph (1), seed for planting of any peanut ‘‘(ii) 1997–2002 MARKETING YEARS.— the penalty prescribed in subparagraph (A) acreage in the United States shall be ob- ‘‘(I) IN GENERAL.—Except as provided in unless the peanuts, in accordance with regu- tained solely from quota peanuts marketed subclause (II), not more than 5 percent of the lations established by the Secretary, are— or considered marketed for domestic edible quota pounds remaining in a county as of ‘‘(i) placed under loan at the additional use. January 1, 1997, and each January 1 there- ‘‘(c) MARKETING PEANUTS WITH EXCESS loan rate in effect for the peanuts under sec- after through January 1, 2002, may be sold QUANTITY, GRADE, OR QUALITY.—On a finding tion 106 of the Agricultural Market Transi- and transferred under this paragraph during by the Secretary that the peanuts marketed tion Act and not redeemed by the producers; the applicable marketing year. from any crop for domestic edible use by a ‘‘(ii) marketed through an area marketing ‘‘(II) CARRYOVER.—Any eligible quota that handler are larger in quantity or higher in is not sold or transferred under clause (i) association designated pursuant to section grade or quality than the peanuts that could shall be eligible for sale or transfer under 106(a)(3)(A) of the Agricultural Market Tran- reasonably be produced from the quantity of subclause (I). sition Act; or peanuts having the grade, kernel content, ‘‘(C) COUNTY LIMITATION.—Not more than 40 ‘‘(iii) marketed under contracts between and quality of the quota peanuts acquired by percent of the total poundage quota within a handlers and producers pursuant to sub- the handler from the crop for the marketing county may be sold and transferred under section (f). year, the handler shall be subject to a pen- this paragraph. ‘‘(2) PAYER.—The penalty shall be paid by alty equal to 140 percent of the loan level for ‘‘(D) SUBSEQUENT LEASES OR SALES.—Quota the person who buys or otherwise acquires quota peanuts on the quantity of peanuts pounds sold and transferred to a farm under the peanuts from the producer or, if the pea- that the Secretary determines are in excess this paragraph may not be leased or sold by nuts are marketed by the producer through of the quantity, grade, or quality of the pea- the farm to another owner or operator of a an agent, the penalty shall be paid by the nuts that could reasonably have been pro- farm within the same State for a period of 5 agent. The person or agent may deduct an duced from the peanuts so acquired. years following the date of the original amount equivalent to the penalty from the ‘‘(d) HANDLING AND DISPOSAL OF ADDI- transfer to the farm. price paid to the producer. TIONAL PEANUTS.— ‘‘(E) APPLICATION.—This paragraph shall ‘‘(3) FAILURE TO COLLECT.—If the person re- ‘‘(1) IN GENERAL.—Except as provided in not apply to a sale within the same county quired to collect the penalty fails to collect paragraph (2), the Secretary shall require or to any sale, lease, or transfer described in the penalty, the person and all persons enti- that the handling and disposal of additional paragraph (1). tled to share in the peanuts marketed from peanuts be supervised by agents of the Sec- ‘‘(b) CONDITIONS.—Transfers (including the farm or the proceeds of the marketing retary or by area marketing associations transfer by sale or lease) of farm poundage shall be jointly and severally liable with the designated pursuant to section 106(a)(3)(A) of quotas under this section shall be subject to persons who failed to collect the penalty for the Agricultural Market Transition Act. all of the following conditions: the amount of the penalty. ‘‘(2) NONSUPERVISION OF HANDLERS.— ‘‘(1) LIENHOLDERS.—No transfer of the farm ‘‘(4) APPLICATION OF QUOTA.—Peanuts pro- ‘‘(A) IN GENERAL.—Supervision of the han- poundage quota from a farm subject to a duced in a calendar year in which farm dling and disposal of additional peanuts by a mortgage or other lien shall be permitted poundage quotas are in effect for the mar- handler shall not be required under para- unless the transfer is agreed to by the keting year beginning in the calendar year graph (1) if the handler agrees in writing, lienholders. shall be subject to the quotas even though prior to any handling or disposal of the pea- ‘‘(2) TILLABLE CROPLAND.—No transfer of the peanuts are marketed prior to the date nuts, to comply with regulations that the the farm poundage quota shall be permitted on which the marketing year begins. Secretary shall issue. if the county committee established under ‘‘(5) FALSE INFORMATION.—If any producer ‘‘(B) REGULATIONS.—The regulations issued section 8(b) of the Soil Conservation and Do- falsely identifies, fails to accurately certify by the Secretary under subparagraph (A) mestic Allotment Act (16 U.S.C. 590h(b)) de- planted acres, or fails to account for the dis- shall include the following provisions: termines that the receiving farm does not position of any peanuts produced on the ‘‘(i) TYPES OF EXPORTED OR CRUSHED PEA- have adequate tillable cropland to produce planted acres, a quantity of peanuts equal to NUTS.—Handlers of shelled or milled peanuts the farm poundage quota. the greater of the average or actual yield of may export or crush peanuts classified by ‘‘(3) RECORD.—No transfer of the farm the farm, as determined by the Secretary, type in each of the following quantities: poundage quota shall be effective until a multiplied by the number of planted acres, ‘‘(I) SOUND SPLIT KERNEL PEANUTS.—Sound record of the transfer is filed with the coun- shall be deemed to have been marketed in split kernel peanuts purchased by the han- ty committee of each county to, and from, violation of permissible uses of quota and ad- dler as additional peanuts to which, under which the transfer is made and each commit- ditional peanuts. Any penalty payable under price support loan schedules, a mandated de- tee determines that the transfer complies this paragraph shall be paid and remitted by duction with respect to the price paid to the with this section. the producer. producer of the peanuts would be applied due ‘‘(4) OTHER TERMS.—The Secretary may es- ‘‘(6) UNINTENTIONAL VIOLATIONS.—The Sec- to the percentage of the sound splits. tablish by regulation other terms and condi- retary shall authorize, under such regula- ‘‘(II) SOUND MATURE KERNEL PEANUTS.— tions. tions as the Secretary shall issue, the county Sound mature kernel peanuts (which term ‘‘(c) CROPS.—Notwithstanding any other committees established under section 8(b) of includes sound split kernel peanuts and provision of law, this section shall be effec- the Soil Conservation and Domestic Allot- sound whole kernel peanuts) in an amount tive only for the 1996 through 2000 crops of ment Act (16 U.S.C. 590h(b)) to waive or re- equal to the poundage of the peanuts pur- peanuts.’’. duce marketing penalties provided for under chased by the handler as additional peanuts, (e) MARKETING PENALTIES; DISPOSITION OF this subsection in cases with respect to less the total poundage of sound split kernel ADDITIONAL PEANUTS.—Section 358e of the Agricultural Adjustment Act of 1938 (7 U.S.C. which the committees determine that the peanuts described in subclause (I). 1359a) is amended to read as follows: violations that were the basis of the pen- ‘‘(III) REMAINDER.—The remaining quan- alties were unintentional or without knowl- tity of total kernel content of peanuts pur- ‘‘SEC. 358e. MARKETING PENALTIES AND DISPOSI- TION OF ADDITIONAL PEANUTS FOR edge on the part of the parties concerned. chased by the handler as additional peanuts. 1996 THROUGH 2002 CROPS OF PEA- ‘‘(7) DE MINIMIS VIOLATIONS.—An error in ‘‘(ii) DOCUMENTATION.—Handlers shall en- NUTS. weight that does not exceed 1⁄10 of 1 percent sure that any additional peanuts exported or ‘‘(a) MARKETING PENALTIES.— in the case of any 1 marketing document crushed are evidenced by onboard bills of ‘‘(1) IN GENERAL.— shall not be considered to be a marketing lading or other appropriate documentation ‘‘(A) MARKETING PEANUTS IN EXCESS OF violation except in a case of fraud or conspir- as may be required by the Secretary, or QUOTA.—The marketing of any peanuts for acy. both. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 943

‘‘(iii) LOSS OF PEANUTS.—If a handler suf- peanuts used in the manufacture of the prod- to offer the peanuts for sale for domestic edi- fers a loss of peanuts as a result of fire, ucts so exported. ble use. flood, or any other condition beyond the con- ‘‘(2) CERTIFICATION.—Under the regula- ‘‘(g) MARKETING OF PEANUTS OWNED OR trol of the handler, the portion of the loss al- tions, the Secretary shall require all han- CONTROLLED BY THE COMMODITY CREDIT COR- located to contracted additional peanuts dlers who are peanut product manufacturers shall not be greater than the portion of the to submit annual certifications of peanut PORATION.— total peanut purchases of the handler for the product content on a product-by-product ‘‘(1) IN GENERAL.—Subject to section 104(k) year attributable to contracted additional basis. Any changes in peanut product for- of the Agricultural Market Transition Act, peanuts purchased for export or crushing by mulas as affecting peanut content shall be any peanuts owned or controlled by the Com- the handler during the year. recorded within 90 days after the changes. modity Credit Corporation may be made ‘‘(iv) SHRINKAGE ALLOWANCE.— The Secretary shall conduct an annual re- available for domestic edible use, in accord- ‘‘(I) IN GENERAL.—The obligation of a han- view of the certifications. The Secretary ance with regulations issued by the Sec- dler to export or crush peanuts in quantities shall pursue all available remedies with re- retary, so long as doing so does not result in described in this subparagraph shall be re- spect to persons who fail to comply with this substantially increased cost to the Commod- duced by a shrinkage allowance, to be deter- paragraph. ity Credit Corporation. Additional peanuts mined by the Secretary, to reflect actual ‘‘(3) RECORDS.—The Secretary shall require received under loan shall be offered for sale dollar value shrinkage experienced by han- handlers who are peanut product manufac- for domestic edible use at prices that are not dlers in commercial operations, except that turers to maintain and provide such docu- less than the prices that are required to the allowance shall not be less than 4 per- ments as are necessary to ensure compliance cover all costs incurred with respect to the cent, except as provided in subclause (II). with this subsection and to maintain the in- peanuts for such items as inspection, ‘‘(II) COMMON INDUSTRY PRACTICES.—The tegrity of the peanut program. warehousing, shrinkage, and other expenses, Secretary may provide a lower shrinkage al- ‘‘(f) CONTRACTS FOR PURCHASE OF ADDI- plus— lowance for a handler who fails to comply TIONAL PEANUTS.— ‘‘(A) not less than 100 percent of the loan with restrictions on the use of peanuts, as ‘‘(1) IN GENERAL.—A handler may, under value of quota peanuts if the additional pea- may be specified by the Commodity Credit such regulations as the Secretary may issue, nuts are sold and paid for during the harvest Corporation, to take into account common contract with a producer for the purchase of season on delivery by and with the written industry practices. additional peanuts for crushing or export, or consent of the producer; both. ‘‘(3) ADEQUATE FINANCES AND FACILITIES.—A ‘‘(B) not less than 105 percent of the loan ‘‘(2) SUBMISSION TO SECRETARY.— handler shall submit to the Secretary ade- value of quota peanuts if the additional pea- ‘‘(A) CONTRACT DEADLINE.—Any such con- quate financial guarantees, as well as evi- nuts are sold after delivery by the producer tract shall be completed and submitted to dence of adequate facilities and assets, with but not later than December 31 of the mar- the Secretary (or if designated by the Sec- respect to the facilities under the control keting year; or retary, the area marketing association) for and operation of the handler, to ensure the ‘‘(C) not less than 107 percent of the loan approval not later than September 15 of the compliance of the handler with the obliga- value of quota peanuts if the additional pea- year in which the crop is produced. tion to export peanuts. nuts are sold later than December 31 of the ‘‘(B) EXTENSION OF DEADLINE.—The Sec- ‘‘(4) COMMINGLING OF LIKE PEANUTS.—Quota marketing year. retary may extend the deadline under sub- ‘‘(2) ACCEPTANCE OF BIDS BY AREA MARKET- and additional peanuts of like type and seg- paragraph (A) by up to 15 days in response to ING ASSOCIATIONS.— regation or quality may, under regulations damaging weather or related condition (as ‘‘(A) IN GENERAL.—Except as provided in issued by the Secretary, be commingled and defined in section 112 of the Disaster Assist- subparagraph (B), for the period from the exchanged on a dollar value basis to facili- ance Act of 1989 (Public Law 101–82; 7 U.S.C. date additional peanuts are delivered for tate warehousing, handling, and marketing. 1421 note)). The Secretary shall announce the loan to March 1 of the calendar year follow- ‘‘(5) PENALTY.— extension not later than September 5 of the ing the year in which the additional peanuts ‘‘(A) IN GENERAL.—Except as provided in year in which the crop is produced. were harvested, the area marketing associa- subparagraph (B), the failure by a handler to ‘‘(3) FORM.—The contract shall be executed tion designated pursuant to section comply with regulations issued by the Sec- on a form prescribed by the Secretary. The 106(a)(3)(A) of the Agricultural Market Tran- retary governing the disposition and han- form shall require such information as the sition Act shall have sole authority to ac- dling of additional peanuts shall subject the Secretary determines appropriate to ensure cept or reject lot list bids when the sales handler to a penalty at a rate equal to 140 the proper handling of the additional pea- percent of the loan level for quota peanuts nuts, including the identity of the contract- price, as determined under this subsection, on the quantity of peanuts involved in the ing parties, poundage and category of the equals or exceeds the minimum price at violation. peanuts, the disclosure of any liens, and the which the Commodity Credit Corporation ‘‘(B) NONDELIVERY.—A handler shall not be intended disposition of the peanuts. may sell the stocks of additional peanuts of the Corporation. subject to a penalty for failure to export ad- ‘‘(4) INFORMATION FOR HANDLING AND PROC- ‘‘(B) MODIFICATION.—The area marketing ditional peanuts if the peanuts were not de- ESSING ADDITIONAL PEANUTS.—Notwithstand- livered to the handler. ing any other provision of this section, any association and the Commodity Credit Cor- ‘‘(6) REENTRY OF EXPORTED PEANUTS.— person wishing to handle and process addi- poration may agree to modify the authority ‘‘(A) PENALTY.—If any additional peanuts tional peanuts as a handler shall submit to granted by subparagraph (A) to facilitate the or peanut products exported by a handler are the Secretary (or if designated by the Sec- orderly marketing of additional peanuts. reentered into the United States in commer- retary, the area marketing association), ‘‘(3) PRODUCER MARKETING AND EXPENSES.— cial quantities as determined by the Sec- such information as may be required under Notwithstanding any other provision of this retary, the importer of the peanuts and pea- subsection (d) by such date as is prescribed Act, the Secretary shall, in any determina- nut products shall be subject to a penalty at by the Secretary so as to permit final action tion required under paragraphs (1)(B) and a rate equal to 140 percent of the loan level to be taken on the application by July 1 of (2)(A) of section 106(a) of the Agricultural for quota peanuts on the quantity of peanuts each marketing year. Market Transition Act, include any addi- tional marketing expenses required by law, reentered. ‘‘(5) TERMS.—Each such contract shall con- ‘‘(B) RECORDS.—Each person, firm, or han- tain the final price to be paid by the handler excluding the amount of any assessment re- dler who imports peanuts into the United for the peanuts involved and a specific prohi- quired under section 106(a)(7) of the Agricul- States shall maintain such records and docu- bition against the disposition of the peanuts tural Market Transition Act. ments as are required by the Secretary to for domestic edible or seed use. ‘‘(h) ADMINISTRATION.— ensure compliance with this subsection. ‘‘(6) SUSPENSION OF RESTRICTIONS ON IM- ‘‘(1) INTEREST.—The person liable for pay- ‘‘(e) SPECIAL EXPORT CREDITS.— PORTED PEANUTS.—Notwithstanding any ment or collection of any penalty provided ‘‘(1) IN GENERAL.—The Secretary shall, other provision of this Act, if the President for in this section shall be liable also for in- with due regard for the integrity of the pea- issues a proclamation under section 404(b) of terest on the penalty at a rate per annum nut program, promulgate regulations that the Uruguay Round Agreements Act (19 equal to the rate per annum of interest that will permit any handler of peanuts who man- U.S.C. 3601(b)) expanding the quantity of pea- was charged the Commodity Credit Corpora- ufactures peanut products from domestic ed- nuts subject to the in-quota rate of duty tion by the Treasury of the United States on ible peanuts to export the products and re- under a tariff-rate quota, or under section 22 the date the penalty became due. ceive credit for the fulfillment of export obli- of the Agricultural Adjustment Act (7 U.S.C. ‘‘(2) DE MINIMIS QUANTITY.—This section gations for the peanut content of the prod- 624), reenacted with amendments by the Ag- shall not apply to peanuts produced on any ucts against which export credit the handler ricultural Marketing Agreement Act of 1937, farm on which the acreage harvested for pea- may subsequently apply, up to the amount of temporarily suspending restrictions on the nuts is 1 acre or less if the producers who the credit, equivalent quantities of addi- importation of peanuts, the Secretary shall, share in the peanuts produced on the farm do tional peanuts of the same type acquired by subject to such terms and conditions as the not share in the peanuts produced on any the handler and used in the domestic edible Secretary may prescribe, permit a handler, other farm. market. The peanuts so acquired for the do- with the written consent of the producer, to ‘‘(3) LIENS.—Until the amount of the pen- mestic edible market as provided in this sub- purchase additional peanuts from any pro- alty provided by this section is paid, a lien section shall be of the same crop year as the ducer who contracted with the handler and on the crop of peanuts with respect to which S 944 CONGRESSIONAL RECORD — SENATE February 6, 1996

the penalty is incurred, and on any subse- (ii) SOURCE.—No peanut product may con- (i) IN GENERAL.—The Secretary may re- quent crop of peanuts subject to farm pound- tain both imported and domestically pro- quire the first seller of peanuts sold in the age quotas in which the person liable for duced peanuts. United States to certify that the peanuts payment of the penalty has an interest, shall (iii) IMPORTED PEANUT PRODUCTS.—The first comply with this subsection. be in effect in favor of the United States. seller of an imported peanut product shall (ii) FRAUD AND FALSE STATEMENTS.—Sec- ‘‘(4) PENALTIES.— certify that the product is made from raw tion 1001 of title 18, United States Code, shall ‘‘(A) PROCEDURES.—Notwithstanding any peanuts that meet the same quality and apply to a certification made under this sub- other provision of law, the liability for and grade standards that apply to domestically section. the amount of any penalty assessed under produced peanuts. (C) STANDARDS AND PROCEDURES.—In con- this section shall be determined in accord- (E) DOCUMENTATION.—No peanuts or peanut sultation with the heads of other appropriate ance with such procedures as the Secretary products may be transferred, shipped, or oth- agencies of the United States, the Secretary may by regulation prescribe. The facts con- erwise released from a warehouse described shall establish standards and procedures to stituting the basis for determining the liabil- in subparagraph (A) unless accompanied by a provide for the enforcement of, and ensure ity for or amount of any penalty assessed United States Government inspection cer- compliance with, this subsection. under this section, when officially deter- tificate that certifies compliance with this (D) FAILURE TO MEET STANDARDS.—Peanuts mined in conformity with the applicable reg- paragraph. or peanut products that fail to meet stand- ulations prescribed by the Secretary, shall (2) HANDLING AND STORAGE.— ards established under this subsection shall be final and conclusive and shall not be (A) TEMPERATURE AND HUMIDITY.—The Sec- be returned to the seller and exported or reviewable by any other officer or agency of retary shall require all shelled peanuts sold crushed pursuant to section 358e(d) of the the Federal Government. in the United States to be maintained at a Agricultural Adjustment Act of 1938 (7 U.S.C. ‘‘(B) JUDICIAL REVIEW.—Nothing in this sec- temperature of not more than 37 degrees 1359a(d)). tion prohibits any court of competent juris- Fahrenheit and a humidity range of 60 to 68 (9) CHANGE OF VENUE.—In any case in which diction from reviewing any determination percent at all times during handling and an area pool or a marketing association made by the Secretary with respect to storage prior to sale and shipment. brings, joins, or seeks to join a civil action whether the determination was made in con- (B) CONTAINERS.—The peanuts shall be in a United States district court to enforce formity with applicable law. shipped in a container that provides the this subsection, the district court may not ‘‘(C) CIVIL PENALTIES.—All penalties im- maximum practicable protection against transfer the action to any other district or posed under this section shall for all pur- moisture and insect infestation. division over the objection of the pool or poses be considered civil penalties. (C) IN-SHELL PEANUTS.—The Secretary marketing association. ‘‘(5) REDUCTION OF PENALTIES.— shall require that all in-shell peanuts be re- (g) EXPERIMENTAL AND RESEARCH PRO- duced to a moisture level not exceeding 10 ‘‘(A) IN GENERAL.—Except as provided in GRAMS FOR PEANUTS.—Section 358c of the Ag- subparagraph (B) and notwithstanding any percent immediately on being harvested and ricultural Adjustment Act of 1938 (7 U.S.C. other provision of law, the Secretary may re- be stored in a facility that will ensure qual- 1358c) is amended to read as follows: duce the amount of any penalty assessed ity maintenance and will provide proper ven- ‘‘SEC. 358c. EXPERIMENTAL AND RESEARCH PRO- against handlers under this section by any tilation at all times prior to sale and ship- GRAMS FOR PEANUTS. ment. appropriate amount, including, in an appro- ‘‘(a) IN GENERAL.—Notwithstanding any (3) LABELING.—The Secretary shall require priate case, eliminating the penalty entirely, other provision of this Act, the Secretary that all peanuts and peanut products sold in if the Secretary finds that the violation on may permit a portion of the poundage quota the United States contain labeling that lists which the penalty is based was minor or in- for peanuts apportioned to any State to be the country or countries in which the pea- advertent, and that the reduction of the pen- allocated from the quota reserve of the State nuts, including all peanuts used to manufac- alty will not impair the operation of the pea- to land-grant institutions identified in the ture the peanut products, were produced. nut program. Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 (4) INSPECTION AND TESTING.— U.S.C. 341 et seq.), and colleges eligible to re- ‘‘(B) FAILURE TO EXPORT CONTRACTED ADDI- (A) IN GENERAL.—All peanuts and peanut ceive funds under the Act of August 30, 1890 TIONAL PEANUTS.—The amount of any pen- products sold in the United States shall be (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), alty imposed on a handler under this section inspected and tested for grade and quality. including Tuskegee Institute and, as appro- that resulted from the failure to export or (B) CERTIFICATION.—All peanuts or peanut priate, the Agricultural Research Service of crush contracted additional peanuts shall products offered for sale in, or imported into, the Department of Agriculture to be used for not be reduced by the Secretary. the United States shall be accompanied by a experimental and research purposes. ‘‘(i) CROPS.—Notwithstanding any other certification by the first seller or importer ‘‘(b) QUANTITY.—The quantity of the quota provision of law, this section shall be effec- that the peanuts or peanut products do not allocated to an institution under this section tive only for the 1996 through 2002 crops of contain residues of any pesticide not ap- shall not exceed the quantity of the quota peanuts.’’. proved for use in, or importation into, the held by each such institution during the 1985 (f) PEANUT STANDARDS.— United States. crop year, except that the total quantity al- (1) INSPECTION; QUALITY ASSURANCE.— (5) NUTRITIONAL LABELING.—The Secretary located to all institutions in a State shall (A) INITIAL ENTRY.—The Secretary shall re- shall require all peanuts and peanut products not exceed 1⁄10 of 1 percent of the basic quota quire all peanuts and peanut products sold in sold in the United States to contain com- of the State. the United States to be initially placed in a plete nutritional labeling information as re- ‘‘(c) LIMITATION.—The director of the agri- bonded, licensed warehouse approved by the quired under the Federal Food, Drug, and cultural experiment station for a State shall Secretary for the purpose of inspection and Cosmetic Act (21 U.S.C. 321 et seq.). be required to ensure, to the extent prac- grading by the Secretary, the Commissioner (6) PEANUT CONTENT.— ticable, that farm operators in the State do of the Food and Drug Administration, and (A) OFFSET AGAINST HTS QUANTITY.—The not produce quota peanuts under subsection the heads of other appropriate agencies of actual quantity of peanuts, by weight, used (a) in excess of the quantity needed for ex- the United States. to manufacture, and ultimately contained perimental and research purposes. ‘‘(d) CROPS.—Notwithstanding any other (B) PRELIMINARY INSPECTION.—Peanuts and in, peanut products imported into the United provision of law, this section shall be effec- peanut products shall be held in the ware- States shall be accounted for and offset tive only for the 1996 through 2002 crops of house until inspected by the Secretary, the against the total quantity of peanut imports peanuts.’’. Commissioner of the Food and Drug Admin- allowed under the in-quota quantity of the (h) REPORTS AND RECORDS.—Effective only istration, or the head of another appropriate tariff-rate quota established for peanuts for the 1996 through 2002 crops of peanuts, agency of the United States, for chemical under the Harmonized Tariff Schedule of the the first sentence of section 373(a) of the Ag- residues, general cleanliness, disease, size, United States. ricultural Adjustment Act of 1938 (7 U.S.C. aflatoxin, stripe virus, and other harmful (B) VERIFICATION.—The Secretary shall es- 1373(a)) is amended by inserting before ‘‘all conditions, and an assurance of compliance tablish standards and procedures for the pur- brokers and dealers in peanuts’’ the follow- with all grade and quality standards speci- pose of verifying the actual peanut content ing: ‘‘all producers engaged in the production fied under Marketing Agreement No. 146, of peanut products imported into the United of peanuts,’’. regulating the quality of domestically pro- States. (i) REGULATIONS.—The Secretary of Agri- duced peanuts (under the Agricultural Ad- (7) PLANT DISEASES.—The Secretary, in culture shall issue such regulations as are justment Act (7 U.S.C. 601 et seq.), reenacted consultation with the heads of other appro- necessary to carry out this section and the with amendments by the Agricultural Mar- priate agencies of the United States, shall amendments made by this section. In issuing keting Agreement Act of 1937). ensure that all peanuts in the domestic edi- the regulations, the Secretary shall— (C) SEPARATION OF LOTS.—All imported ble market are inspected and tested to en- (1) comply with subchapter II of chapter 5 peanuts shall be maintained separately from, sure that they are free of all plant diseases. of title 5, United States Code; and shall not be commingled with, domesti- (8) ADMINISTRATION.— (2) provide public notice through the Fed- cally produced peanuts in the warehouse. (A) FEES.—The Secretary shall by regula- eral Register of any such proposed regula- (D) ORIGIN OF PEANUT PRODUCTS.— tion fix and collect fees and charges to cover tions; and (i) LABELING.—A peanut product shall be the costs of any inspection or testing per- (3) allow adequate time for written public labeled with a label that indicates the origin formed under this subsection. comment prior to the formulation and issu- of the peanuts contained in the product. (B) CERTIFICATION.— ance of any final regulations. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 945

AMENDMENT NO. 3342 shall be used in administrative and super- as a result of transfers from additional loan Strike the section relating to the peanut visory activities relating to price support pools to quota loan pools under section 358– program and insert the following: and marketing activities under this sub- 1(b)(2)(B)(v) of the Agricultural Adjustment SEC. 106. PEANUT PROGRAM. section and sections 358e of the Agricultural Act of 1938 (as amended by subsection (c)), (a) PRICE SUPPORT PROGRAM.— Adjustment Act of 1938. shall be offset by any gains or profits from (1) QUOTA PEANUTS.— (iii) ASSOCIATION COSTS.—Loans made to an pools in other production areas (other than (A) IN GENERAL.—The Secretary shall make area marketing association under this sub- separate type pools established under para- price support available to producers through paragraph shall include, in addition to the graph (3)(B)(i) for Valencia peanuts produced loans, purchases, and other operations on price support value of the peanuts, such in New Mexico) in such manner as the Sec- quota peanuts for each of the 1996 through costs as the association reasonably may retary shall by regulation prescribe. 2002 crops. incur in carrying out the responsibilities, op- (F) INCREASED ASSESSMENTS.—If use of the erations, and activities of the association (B) SUPPORT RATES.— authorities provided in the preceding para- under this subsection and sections 358e of the (i) IN GENERAL.—Subject to clause (ii), the graphs is not sufficient to cover losses in an national average quota support rate for each Agricultural Adjustment Act of 1938. area quota pool, the Secretary shall increase of the 1996 through 2002 crops of quota pea- (B) POOLS FOR QUOTA AND ADDITIONAL PEA- the marketing assessment established under NUTS.— nuts shall be the national average quota sup- paragraph (7) by such an amount as the Sec- (i) IN GENERAL.—The Secretary shall re- port rate for the immediately preceding retary considers necessary to cover the quire that each area marketing association crop, adjusted to reflect any increase or de- losses. Amounts collected under paragraph establish pools and maintain complete and crease, during the calendar year imme- (7) as a result of the increased assessment accurate records by area and segregation for diately preceding the marketing year for the shall be retained by the Secretary to cover quota peanuts handled under loan and for ad- crop for which a level of support is being de- losses in that pool. ditional peanuts placed under loan, except termined, in the national average cost of (5) DISAPPROVAL OF QUOTAS.—Notwith- that separate pools shall be established for peanut production, excluding any change in standing any other provision of law, no price Valencia peanuts produced in New Mexico. the cost of land and the cost of any assess- support may be made available by the Sec- Peanuts produced outside New Mexico shall retary for any crop of peanuts with respect ments required under paragraph (7). not be eligible for entry into or participation (ii) MAXIMUM RATE.—In no event shall the in the separate pools established for Valen- to which poundage quotas have been dis- national average quota support rate for any cia peanuts produced in New Mexico. Bright approved by producers, as provided for in such crop be increased or decreased by more hull and dark hull Valencia peanuts shall be section 358–1(d) of the Agricultural Adjust- than 5 percent of the national average quota considered as separate types for the purpose ment Act of 1938 (as amended by subsection support rate for the preceding crop. of establishing the pools. (c)). NSPECTION HANDLING OR STORAGE UALITY IMPROVEMENT (C) I , , .— (ii) NET GAINS.—Net gains on peanuts in (6) Q .— The level of support determined under sub- each pool, unless otherwise approved by the (A) PRICE SUPPORT PEANUTS.—With respect paragraph (B) shall not be reduced by any de- Secretary, shall be distributed only to pro- to peanuts under price support loan, the Sec- duction for inspection, handling, or storage. ducers who placed peanuts in the pool and retary shall— (D) LOCATION AND OTHER FACTORS.—The shall be distributed in proportion to the (i) promote the crushing of peanuts at a Secretary may make adjustments for loca- value of the peanuts placed in the pool by greater risk of deterioration before peanuts tion of peanuts and such other factors as are each producer. Net gains for peanuts in each at a lesser risk of deterioration; authorized by section 104(i). pool shall consist of the following: (ii) ensure that all Commodity Credit Cor- (E) ANNOUNCEMENT.—The Secretary shall (I) QUOTA PEANUTS.—For quota peanuts, poration loan stocks of peanuts sold for do- announce the level of support for quota pea- the net gains over and above the loan indebt- mestic edible use are shown to have been of- nuts of each crop not later than the Feb- edness and other costs or losses incurred on ficially inspected by licensed Department of ruary 15 preceding the marketing year for peanuts placed in the pool plus an amount Agriculture inspectors both as farmer stock the crop for which the level of support is from all additional pool gains equal to any and shelled or cleaned in-shell peanuts; being determined. loss on disposition of all peanuts in the pool (iii) continue to endeavor to operate the (2) ADDITIONAL PEANUTS.— for quota peanuts. peanut price support program so as to im- (A) IN GENERAL.—The Secretary shall make (II) ADDITIONAL PEANUTS.—For additional prove the quality of domestic peanuts and price support available to producers through peanuts, the net gains over and above the ensure the coordination of activities under loans, purchases, or other operations on ad- loan indebtedness and other costs or losses the Peanut Administrative Committee es- ditional peanuts for each of the 1996 through incurred on peanuts placed in the pool for tablished under Marketing Agreement No. 2002 crops at such levels as the Secretary additional peanuts less any amount allo- 146, regulating the quality of domestically considers appropriate, taking into consider- cated to offset any loss on the pool for quota produced peanuts (under the Agricultural ation the demand for peanut oil and peanut peanuts as provided in subclause (I). Adjustment Act (7 U.S.C. 601 et seq.), reen- meal, expected prices of other vegetable oils (4) LOSSES.—Losses in quota area pools acted with amendments by the Agricultural and protein meals, and the demand for pea- shall be covered using the following sources Marketing Agreement Act of 1937); and nuts in foreign markets, except that the Sec- in the following order of priority: (iv) ensure that any changes made in the retary shall set the support rate on addi- (A) TRANSFERS FROM ADDITIONAL LOAN price support program as a result of this tional peanuts at a level estimated by the POOLS.—The proceeds due any producer from paragraph requiring additional production or Secretary to ensure that there are no losses any pool shall be reduced by the amount of handling at the farm level are reflected as an to the Commodity Credit Corporation on the any loss that is incurred with respect to pea- upward adjustment in the Department of Ag- sale or disposal of the peanuts. nuts transferred from an additional loan pool riculture loan schedule. (B) ANNOUNCEMENT.—The Secretary shall to a quota loan pool by the producer under (B) EXPORTS AND OTHER PEANUTS.—The announce the level of support for additional section 358–1(b)(2)(B)(v) of the Agricultural Secretary shall require that all peanuts, in- peanuts of each crop not later than the Feb- Adjustment Act of 1938 (as amended by sub- cluding peanuts imported into the United ruary 15 preceding the marketing year for section (c)). States, meet all United States quality stand- the crop for which the level of support is (B) OTHER PRODUCERS IN SAME POOL.—Fur- ards under Marketing Agreement No. 146 and being determined. ther losses in an area quota pool shall be off- that importers of the peanuts fully comply (3) AREA MARKETING ASSOCIATIONS.— set by reducing the gain of any producer in with inspection, handling, storage, and proc- (A) WAREHOUSE STORAGE LOANS.— the pool by the amount of pool gains attrib- essing requirements implemented under (i) IN GENERAL.—In carrying out para- uted to the same producer from the sale of Marketing Agreement No. 146. The Secretary graphs (1) and (2), the Secretary shall make additional peanuts for domestic and export shall ensure that peanuts produced for the warehouse storage loans available in each of edible use. export market meet quality, inspection, han- the 3 producing areas described in section (C) ADDITIONAL PEANUT GAINS.—Further dling, storage, and processing requirements 1446.95 of title 7, Code of Federal Regulations losses in an area quota pool shall be offset by under Marketing Agreement No. 146. (as of January 1, 1989), to a designated area gains or profits attributable to sales of addi- (7) MARKETING ASSESSMENT.— marketing association of peanut producers tional peanuts in that area for domestic edi- (A) IN GENERAL.—The Secretary shall pro- that is selected and approved by the Sec- ble and other uses. vide, by regulation, for a nonrefundable mar- retary and that is operated primarily for the (D) USE OF MARKETING ASSESSMENTS.—The keting assessment applicable to each of the purpose of conducting the loan activities. Secretary shall use funds collected under 1996 through 2002 crops of peanuts. The as- The Secretary may not make warehouse paragraph (7) to offset further losses in area sessment shall be made in accordance with storage loans available to any cooperative quota pools. The Secretary shall transfer to this paragraph and shall be on a per pound that is engaged in operations or activities the Treasury those funds collected under basis in an amount equal to 1.2 percent of concerning peanuts other than those oper- paragraph (7) and available for use under this the national average quota or additional pea- ations and activities specified in this sub- subsection that the Secretary determines are nut support rate per pound, as applicable, for section and sections 358e of the Agricultural not required to cover losses in area quota the applicable crop. No peanuts shall be as- Adjustment Act of 1938 (7 U.S.C. 1359a). pools. sessed more than 1.2 percent of the applica- (ii) ADMINISTRATIVE AND SUPERVISORY AC- (E) CROSS COMPLIANCE.—Further losses in ble support rate under this paragraph. TIVITIES.—The area marketing associations area quota pools, other than losses incurred (B) FIRST PURCHASERS.— S 946 CONGRESSIONAL RECORD — SENATE February 6, 1996

(i) IN GENERAL.—Except as provided under lished by the Secretary at a level that is ‘‘(B) TEMPORARY QUOTA ALLOCATION.— subparagraphs (C) and (D), the first pur- equal to the quantity of peanuts (in tons) ‘‘(i) IN GENERAL.—Subject to clause (iv), chaser of peanuts shall— that the Secretary estimates will be devoted temporary allocation of a poundage quota (I) collect from the producer a marketing in each such marketing year to domestic edi- for the marketing year in which a crop of assessment equal to the quantity of peanuts ble and related uses, excluding seed. The peanuts is planted shall be made to produc- acquired multiplied by .65 percent of the ap- Secretary shall include in the annual esti- ers for each of the 1996 through 2002 market- plicable national average support rate; mate of domestic edible and related uses, the ing years in accordance with this subpara- (II) pay, in addition to the amount col- estimated quantity of peanuts and peanut graph. lected under subclause (I), a marketing as- products to be imported into the United ‘‘(ii) QUANTITY.—The temporary quota allo- sessment in an amount equal to the quantity States for the marketing year for which the cation shall be equal to the quantity of seed of peanuts acquired multiplied by .55 percent quota is being established. peanuts (in pounds) planted on a farm, as de- of the applicable national average support ‘‘(2) ANNOUNCEMENT.—The national pound- termined in accordance with regulations is- rate; and age quota for a marketing year shall be an- sued by the Secretary. (III) remit the amounts required under nounced by the Secretary not later than the ‘‘(iii) ALLOCATION.—The allocation of quota subclauses (I) and (II) to the Commodity December 15 preceding the marketing year. pounds to producers under this subparagraph Credit Corporation in a manner specified by ‘‘(3) APPORTIONMENT AMONG STATES.—The shall be performed in such a manner as will the Secretary. national poundage quota established under not result in a net decrease in quota pounds (ii) IMPORTED PEANUTS.—In the case of im- paragraph (1) shall be apportioned among the on a farm in excess of 3 percent, after the ported peanuts, the first purchaser shall pay States so that the poundage quota allocated temporary seed quota is added, from the to the Commodity Credit Corporation, in a to each State is equal to the percentage of basic farm quota for the 1995 marketing manner specified by the Secretary, a mar- the national poundage quota allocated to year. A decrease shall occur only once, shall keting assessment in an amount equal to the farms in the State for 1995. be applicable only to the 1996 marketing quantity of peanuts acquired multiplied by ‘‘(b) FARM POUNDAGE QUOTAS.— year. 1.2 percent of the national average support ‘‘(1) IN GENERAL.— ‘‘(iv) NO INCREASED COSTS.—The Secretary rate for additional peanuts. ‘‘(A) ESTABLISHMENT.—A farm poundage may carry out this subparagraph only if this (iii) DEFINITION.—In this paragraph, the quota for each of the 1996 through 2002 mar- subparagraph does not result in— term ‘‘first purchaser’’ means a person ac- keting years shall be established— ‘‘(I) an increased cost to the Commodity quiring peanuts from a producer, except that ‘‘(i) for each farm that had a farm pound- Credit Corporation through displacement of in the case of peanuts forfeited by a producer age quota for peanuts for the 1995 marketing quota peanuts by additional peanuts in the to the Commodity Credit Corporation, the year; domestic market; term means the person acquiring the peanuts ‘‘(ii) if the poundage quota apportioned to ‘‘(II) an increased loss in a loan pool of an from the Commodity Credit Corporation. a State under subsection (a)(3) for any such area marketing association designated pur- (C) OTHER PRIVATE MARKETINGS.—In the marketing year is larger than the quota for suant to section 106(a)(3)(A) of the Agricul- case of a private marketing by a producer di- the immediately preceding marketing year, tural Market Transition Act; or rectly to a consumer through a retail or for each other farm on which peanuts were ‘‘(III) other increased costs. wholesale outlet or in the case of a market- produced for marketing in at least 2 of the 3 ‘‘(v) TRANSFER OF ADDITIONAL PEANUTS.— ing by the producer outside of the continen- immediately preceding crop years, as deter- ‘‘(I) IN GENERAL.—Except as provided in tal United States, the producer shall be re- mined by the Secretary; and subclause (II), additional peanuts on a farm sponsible for the full amount of the assess- ‘‘(iii) as approved and determined by the from which the quota poundage was not har- ment and shall remit the assessment by such Secretary under section 358c, for each farm vested and marketed may be transferred to time as is specified by the Secretary. on which peanuts are produced in connection the quota loan pool for pricing purposes on with experimental and research programs. (D) LOAN PEANUTS.—In the case of peanuts such basis as the Secretary shall provide by UANTITY.— that are pledged as collateral for a price sup- ‘‘(B) Q regulation. ‘‘(i) IN GENERAL.—The farm poundage quota ‘‘(II) LIMITATIONS.—The poundage of pea- port loan made under this subsection, 1⁄2 of for each of the 1996 through 2002 marketing the assessment shall be deducted from the nuts transferred under subclause (I) shall not years for each farm described in subpara- proceeds of the loan. The remainder of the exceed 25 percent of the total farm poundage graph (A)(i) shall be the same as the farm assessment shall be paid by the first pur- quota, excluding pounds transferred in the poundage quota for the farm for the imme- chaser of the peanuts. For the purposes of fall. diately preceding marketing year, as ad- computing net gains on peanuts under this ‘‘(III) SUPPORT RATE.—Peanuts transferred justed under paragraph (2), but not including under this clause shall be supported at a rate subsection, the reduction in loan proceeds any increases resulting from the allocation of 70 percent of the quota support rate for shall be treated as having been paid to the of quotas voluntarily released for 1 year the marketing years during which the trans- producer. under paragraph (7). fers occur. (E) PENALTIES.—If any person fails to col- ‘‘(ii) INCREASED QUOTA.—The farm pound- ‘‘(vi) USE OF QUOTA AND ADDITIONAL PEA- lect or remit the reduction required by this age quota, if any, for each of the 1996 NUTS.—Nothing in this subparagraph affects paragraph or fails to comply with such re- through 2002 marketing years for each farm the requirements of section 358b(b). quirements for recordkeeping or otherwise as described in subparagraph (A)(ii) shall be ‘‘(vii) ADDITIONAL ALLOCATION.—The tem- are required by the Secretary to carry out equal to the quantity of peanuts allocated to porary allocation of quota pounds under this this paragraph, the person shall be liable to the farm for the year under paragraph (2). subparagraph shall be in addition to the the Secretary for a civil penalty up to an ‘‘(C) TRANSFERS.—For purposes of this sub- farm poundage quota established under this amount determined by multiplying— section, if the farm poundage quota, or any subsection and shall be credited to the pro- (i) the quantity of peanuts involved in the part of the quota, is permanently transferred ducers of the peanuts on the farm in accord- violation; by in accordance with section 358b, the receiv- ance with regulations issued by the Sec- (ii) the national average quota peanut ing farm shall be considered as possessing retary. price support level for the applicable crop the farm poundage quota (or portion of the ‘‘(C) DECREASE.—If the poundage quota ap- year. quota) of the transferring farm for all subse- portioned to a State under subsection (a)(3) (F) ENFORCEMENT.—The Secretary may en- quent marketing years. for any of the 1996 through 2002 marketing force this paragraph in the courts of the ‘‘(2) ADJUSTMENTS.— years is decreased from the poundage quota United States. ‘‘(A) ALLOCATION OF INCREASED QUOTA GEN- apportioned to farms in the State under sub- (8) CROPS.—Notwithstanding any other pro- ERALLY.—Subject to subparagraphs (B) and section (a)(3) for the immediately preceding vision of law, this subsection shall be effec- (D), if the poundage quota apportioned to a marketing year, the decrease shall be allo- tive only for the 1996 through 2002 crops of State under subsection (a)(3) for any of the cated among all the farms in the State for peanuts. 1996 through 2002 marketing years is in- which a farm poundage quota was estab- (b) SUSPENSION OF MARKETING QUOTAS AND creased over the poundage quota apportioned lished for the marketing year immediately ACREAGE ALLOTMENTS.—Section 371 of the Agricultural Adjustment Act of 1938 (7 U.S.C. to farms in the State for the immediately preceding the marketing year for which the 1371) shall not be applicable to the 1996 preceding marketing year, the increase shall allocation is being made. through 2002 crops of peanuts. be allocated proportionately, based on farm ‘‘(D) SPECIAL RULE ON TENANT’S SHARE OF (c) NATIONAL POUNDAGE QUOTAS AND ACRE- production history for peanuts for the 3 im- INCREASED QUOTA.—Subject to terms and con- AGE ALLOTMENTS.—Section 358–1 of the Agri- mediately preceding years, among— ditions prescribed by the Secretary, on farms cultural Adjustment Act of 1938 (7 U.S.C. ‘‘(i) all farms in the State for which a farm that were leased to a tenant for peanut pro- 1358–1) is amended to read as follows: poundage quota was established for the mar- duction, the tenant shall share equally with ‘‘SEC. 358–1. NATIONAL POUNDAGE QUOTAS AND keting year immediately preceding the mar- the owner of the farm in the percentage of ACREAGE ALLOTMENTS FOR 1996 keting year for which the allocation is being the quota made available under subpara- THROUGH 2002 CROPS OF PEANUTS. made; and graph (A) and otherwise allocated to the ‘‘(a) NATIONAL POUNDAGE QUOTAS.— ‘‘(ii) all other farms in the State on which farm as the result of the production of the ‘‘(1) ESTABLISHMENT.—The national pound- peanuts were produced in at least 2 of the 3 tenant on the farm of additional peanuts. age quota for peanuts for each of the 1996 immediately preceding crop years, as deter- Not later than April 1 of each year or as soon through 2002 marketing years shall be estab- mined by the Secretary. as practicable during the year, the share of February 6, 1996 CONGRESSIONAL RECORD — SENATE S 947

the tenant of any such quota shall be allo- quota to be allocated in the State under sub- ‘‘(3) VOTE AGAINST QUOTAS.—If more than 1⁄3 cated to a farm within the county owned by paragraph (A) shall be allocated to farms in of the producers voting in the referendum the tenant or sold by the tenant to the owner the State for which no farm poundage quota vote against poundage quotas, the Secretary of any farm within the county and perma- was established for the crop of the imme- shall proclaim that poundage quotas will not nently transferred to the farm. Any quota diately preceding year. The allocation to any be in effect with respect to the crop of pea- not so disposed of as provided in this sub- such farm shall not exceed the average farm nuts produced in the calendar year imme- paragraph shall be allocated to other quota production of peanuts for the 3 immediately diately following the calendar year in which farms in the State under paragraph (6) as preceding years during which peanuts were the referendum is held. part of the quota reduced from farms in the produced on the farm. Any farm poundage ‘‘(e) DEFINITIONS.—In this part and the Ag- State due to the failure to produce the quota remaining after allocation to farms ricultural Market Transition Act: quota. under this subparagraph shall be allocated to ‘‘(1) ADDITIONAL PEANUTS.—The term ‘addi- ‘‘(3) QUOTA NOT PRODUCED.— farms in the State on which poundage quotas tional peanuts’ means, for any marketing ‘‘(A) IN GENERAL.—Insofar as practicable were established for the crop of the imme- year— and on such fair and equitable basis as the diately preceding year. ‘‘(A) any peanuts that are marketed from a Secretary may by regulation prescribe, the ‘‘(7) QUOTA TEMPORARILY RELEASED.— farm for which a farm poundage quota has farm poundage quota established for a farm ‘‘(A) IN GENERAL.—The farm poundage been established and that are in excess of the for any of the 1996 through 2002 marketing quota, or any portion of the quota, estab- marketings of quota peanuts from the farm years shall be reduced to the extent that the lished for a farm for a marketing year may for the year; and Secretary determines that the farm pound- be voluntarily released to the Secretary to ‘‘(B) all peanuts marketed from a farm for age quota established for the farm for any 2 the extent that the quota, or any part of the which no farm poundage quota has been es- of the 3 marketing years preceding the mar- quota, will not be produced on the farm for tablished in accordance with subsection (b). keting year for which the determination is the marketing year. Any farm poundage ‘‘(2) CRUSH.—The term ‘crush’ means the being made was not produced, or considered quota so released in a State shall be allo- processing of peanuts to extract oil for food produced, on the farm. cated to other farms in the State on such uses and meal for feed uses, or the processing ‘‘(B) EXCLUSIONS.—For the purposes of this basis as the Secretary may by regulation of peanuts by crushing or otherwise when au- paragraph, the farm poundage quota for any prescribe. thorized by the Secretary. such preceding marketing year shall not in- ‘‘(B) EFFECTIVE PERIOD.—Except as other- ‘‘(3) DOMESTIC EDIBLE USE.—The term ‘do- clude any increase resulting from the alloca- wise provided in this section, any adjust- mestic edible use’ means use for milling to tion of quotas voluntarily released for 1 year ment in the farm poundage quota for a farm produce domestic food peanuts (other than a under paragraph (7). under subparagraph (A) shall be effective use described in paragraph (2)) and seed and ‘‘(4) QUOTA CONSIDERED PRODUCED.— only for the marketing year for which the use on a farm, except that the Secretary ‘‘(A) IN GENERAL.—For purposes of this sub- adjustment is made and shall not be taken may exempt from this paragraph seeds of section, subject to subparagraph (B), the into consideration in establishing a farm peanuts that are used to produce peanuts ex- farm poundage quota shall be considered pro- poundage quota for the farm from which the cluded under section 301(b)(18), are unique duced on a farm if— quota was released for any subsequent mar- strains, and are not commercially available. ‘‘(i) the farm poundage quota was not pro- keting year. ‘‘(4) QUOTA PEANUTS.—The term ‘quota pea- duced on the farm because of drought, flood, ‘‘(c) FARM YIELDS.— nuts’ means, for any marketing year, any or any other natural disaster, or any other peanuts produced on a farm having a farm condition beyond the control of the pro- ‘‘(1) IN GENERAL.—For each farm for which a farm poundage quota is established under poundage quota, as determined under sub- ducer, as determined by the Secretary; section (b), that— ‘‘(ii) the farm poundage quota for the farm subsection (b), and when necessary for pur- poses of this Act, a farm yield of peanuts ‘‘(A) are eligible for domestic edible use as was released voluntarily under paragraph (7) determined by the Secretary; for only 1 of the 3 marketing years imme- shall be determined for each such farm. ‘‘(2) QUANTITY.—The yield shall be equal to ‘‘(B) are marketed or considered marketed diately preceding the marketing year for from a farm; and which the determination is being made; or the average of the actual yield per acre on the farm for each of the 3 crop years in ‘‘(C) do not exceed the farm poundage ‘‘(iii) the farm poundage quota was leased quota of the farm for the year. to another owner or operator of a farm with- which yields were highest on the farm during the 5-year period consisting of the 1973 ‘‘(f) CROPS.—Notwithstanding any other in the same county for transfer to the farm provision of law, this section shall be effec- through 1977 crop years. for only 1 of the 3 marketing years imme- tive only for the 1996 through 2002 crops of ‘‘(3) APPRAISED YIELDS.—If peanuts were diately preceding the marketing year for peanuts.’’. not produced on the farm in at least 3 years which the determination is being made. (d) SALE, LEASE, OR TRANSFER OF FARM during the 5-year period or there was a sub- ‘‘(B) MARKETING YEARS.—For purposes of POUNDAGE QUOTA.—Section 358b of the Agri- clauses (ii) and (iii) of subparagraph (A)— stantial change in the operation of the farm cultural Adjustment Act of 1938 (7 U.S.C. ‘‘(i) the farm poundage quota leased or during the period (including a change in op- 1358b) is amended to read as follows: transferred shall be considered produced for erator, lessee who is an operator, or irriga- ‘‘SEC. 358b. SALE, LEASE, OR TRANSFER OF FARM only 1 of the 3 marketing years immediately tion practices), the Secretary shall have a POUNDAGE QUOTA FOR 1996 preceding the marketing year for which the yield appraised for the farm. The appraised THROUGH 2000 CROPS OF PEANUTS. determination is being made; and yield shall be that quantity determined to be ‘‘(a) IN GENERAL.— ‘‘(ii) the farm shall not be considered to fair and reasonable on the basis of yields es- ‘‘(1) AUTHORITY.— have produced for more than 1 marketing tablished for similar farms that are located ‘‘(A) IN GENERAL.—Subject to such terms, year out of the 3 immediately preceding in the area of the farm and on which peanuts conditions, or limitations as the Secretary marketing years. were produced, taking into consideration may prescribe, the owner, or operator with ‘‘(5) QUOTA PERMANENTLY RELEASED.—Not- land, labor, and equipment available for the the permission of the owner, of any farm for withstanding any other provision of law— production of peanuts, crop rotation prac- which a farm poundage quota has been estab- ‘‘(A) the farm poundage quota established tices, soil and water, and other relevant fac- lished under this Act may sell or lease all or for a farm under this subsection, or any part tors. any part of the poundage quota to any other of the quota, may be permanently released ‘‘(d) REFERENDUM RESPECTING POUNDAGE owner or operator of a farm within the same by the owner of the farm, or the operator QUOTAS.— county for transfer to the farm, except that with the permission of the owner; and ‘‘(1) IN GENERAL.—Not later than December any such lease of poundage quota may be en- ‘‘(B) the poundage quota for the farm for 15 of each calendar year, the Secretary shall tered into in the fall or after the normal which the quota is released shall be adjusted conduct a referendum of producers engaged planting season— downward to reflect the quota that is re- in the production of quota peanuts in the ‘‘(i) if not less than 90 percent of the basic leased. calendar year in which the referendum is quota (consisting of the farm quota and tem- ‘‘(6) ALLOCATION OF QUOTAS REDUCED OR RE- held to determine whether the producers are porary quota transfers), plus any poundage LEASED.— in favor of or opposed to poundage quotas quota transferred to the farm under this sub- ‘‘(A) IN GENERAL.—Except as provided in with respect to the crops of peanuts pro- section, has been planted or considered subparagraph (B), the total quantity of the duced in the 5 calendar years immediately planted on the farm from which the quota is farm poundage quotas reduced or voluntarily following the year in which the referendum to be leased; and released from farms in a State for any mar- is held, except that, if at least 2⁄3 of the pro- ‘‘(ii) under such terms and conditions as keting year under paragraphs (3) and (5) ducers voting in any referendum vote in the Secretary may by regulation prescribe. shall be allocated, as the Secretary may by favor of poundage quotas, no referendum ‘‘(B) FALL TRANSFERS.— regulation prescribe, to other farms in the shall be held with respect to quotas for the ‘‘(i) NO TRANSFER AUTHORIZATION.—In the State on which peanuts were produced in at remaining years of the 5-calendar year pe- case of a fall transfer or a transfer after the least 2 of the 3 crop years immediately pre- riod. normal planting season by a cash lessee, the ceding the year for which the allocation is ‘‘(2) PROCLAMATION.—The Secretary shall landowner shall not be required to sign the being made. proclaim the result of the referendum within transfer authorization. ‘‘(B) SET-ASIDE FOR FARMS WITH NO 30 days after the date on which the referen- ‘‘(ii) TIME LIMITATION.—A fall transfer or a QUOTA.—The total amount of farm poundage dum is held. transfer after the normal planting season S 948 CONGRESSIONAL RECORD — SENATE February 6, 1996

may be made not later than 72 hours after ‘‘(D) SUBSEQUENT LEASES OR SALES.—Quota the peanuts from the producer or, if the pea- the peanuts that are the subject of the trans- pounds sold and transferred to a farm under nuts are marketed by the producer through fer are inspected and graded. this paragraph may not be leased or sold by an agent, the penalty shall be paid by the ‘‘(iii) LESSEES.—In the case of a fall trans- the farm to another owner or operator of a agent. The person or agent may deduct an fer, poundage quota from a farm may be farm within the same State for a period of 5 amount equivalent to the penalty from the leased to an owner or operator of another years following the date of the original price paid to the producer. farm within the same county or to an owner transfer to the farm. ‘‘(3) FAILURE TO COLLECT.—If the person re- or operator of another farm in any other ‘‘(E) APPLICATION.—This paragraph shall quired to collect the penalty fails to collect county within the State. not apply to a sale within the same county the penalty, the person and all persons enti- ‘‘(iv) EFFECT OF TRANSFER.—A fall transfer or to any sale, lease, or transfer described in tled to share in the peanuts marketed from of poundage quota shall not affect the farm paragraph (1). the farm or the proceeds of the marketing quota history for the transferring or receiv- ‘‘(b) CONDITIONS.—Transfers (including shall be jointly and severally liable with the ing farm and shall not result in the reduc- transfer by sale or lease) of farm poundage persons who failed to collect the penalty for tion of the farm poundage quota on the quotas under this section shall be subject to the amount of the penalty. all of the following conditions: transferring farm. ‘‘(4) APPLICATION OF QUOTA.—Peanuts pro- ‘‘(1) LIENHOLDERS.—No transfer of the farm duced in a calendar year in which farm ‘‘(2) TRANSFERS TO OTHER SELF-OWNED poundage quota from a farm subject to a poundage quotas are in effect for the mar- FARMS.—The owner or operator of a farm mortgage or other lien shall be permitted may transfer all or any part of the farm keting year beginning in the calendar year unless the transfer is agreed to by the shall be subject to the quotas even though poundage quota for the farm to any other lienholders. the peanuts are marketed prior to the date farm owned or controlled by the owner or op- ‘‘(2) TILLABLE CROPLAND.—No transfer of on which the marketing year begins. erator that is in the same State and that had the farm poundage quota shall be permitted ‘‘(5) FALSE INFORMATION.—If any producer a farm poundage quota for the crop of the if the county committee established under falsely identifies, fails to accurately certify preceding year, if both the transferring and section 8(b) of the Soil Conservation and Do- planted acres, or fails to account for the dis- receiving farms were under the control of the mestic Allotment Act (16 U.S.C. 590h(b)) de- position of any peanuts produced on the owner or operator for at least 3 crop years termines that the receiving farm does not planted acres, a quantity of peanuts equal to prior to the crop year in which the farm have adequate tillable cropland to produce the greater of the average or actual yield of poundage quota is to be transferred. Any the farm poundage quota. the farm, as determined by the Secretary, farm poundage quota transferred under this ‘‘(3) RECORD.—No transfer of the farm multiplied by the number of planted acres, paragraph shall not result in any reduction poundage quota shall be effective until a shall be deemed to have been marketed in in the farm poundage quota for the transfer- record of the transfer is filed with the coun- violation of permissible uses of quota and ad- ring farm if sufficient acreage is planted on ty committee of each county to, and from, ditional peanuts. Any penalty payable under the receiving farm to produce the quota which the transfer is made and each commit- this paragraph shall be paid and remitted by pounds transferred. tee determines that the transfer complies the producer. ‘‘(3) TRANSFERS WITHIN STATES WITH SMALL with this section. ‘‘(6) UNINTENTIONAL VIOLATIONS.—The Sec- QUOTAS.—In the case of any State for which ‘‘(4) OTHER TERMS.—The Secretary may es- retary shall authorize, under such regula- the poundage quota allocated to the State tablish by regulation other terms and condi- tions as the Secretary shall issue, the county was less than 10,000 tons for the crop of the tions. committees established under section 8(b) of preceding year, all or any part of a farm ‘‘(c) CROPS.—Notwithstanding any other the Soil Conservation and Domestic Allot- poundage quota may be transferred by sale provision of law, this section shall be effec- ment Act (16 U.S.C. 590h(b)) to waive or re- or lease or otherwise from a farm in 1 county tive only for the 1996 through 2000 crops of duce marketing penalties provided for under to a farm in another county in the same peanuts.’’. this subsection in cases with respect to State. (e) MARKETING PENALTIES; DISPOSITION OF which the committees determine that the ‘‘(4) TRANSFERS BETWEEN STATES HAVING ADDITIONAL PEANUTS.—Section 358e of the violations that were the basis of the pen- QUOTAS OF LESS THAN 10,000 TONS.—Notwith- Agricultural Adjustment Act of 1938 (7 U.S.C. alties were unintentional or without knowl- standing paragraphs (1) through (3), in the 1359a) is amended to read as follows: edge on the part of the parties concerned. case of any State for which the poundage ‘‘SEC. 358e. MARKETING PENALTIES AND DISPOSI- ‘‘(7) DE MINIMIS VIOLATIONS.—An error in quota allocated to the State was less than TION OF ADDITIONAL PEANUTS FOR weight that does not exceed 1⁄10 of 1 percent 10,000 tons for the crop of the preceding year, 1996 THROUGH 2002 CROPS OF PEA- NUTS. in the case of any 1 marketing document all or any part of a farm poundage quota up ‘‘(a) MARKETING PENALTIES.— shall not be considered to be a marketing to 1,000 tons may be transferred by sale or ‘‘(1) IN GENERAL.— violation except in a case of fraud or conspir- lease from a farm in 1 such State to a farm ‘‘(A) MARKETING PEANUTS IN EXCESS OF acy. in another such State. QUOTA.—The marketing of any peanuts for ‘‘(b) USE OF QUOTA AND ADDITIONAL PEA- ‘‘(5) TRANSFERS BY SALE IN STATES HAVING domestic edible use in excess of the farm NUTS.— QUOTAS OF 10,000 TONS OR MORE.— poundage quota for the farm on which the ‘‘(1) QUOTA PEANUTS.—Only quota peanuts ‘‘(A) IN GENERAL.—Subject to the other peanuts are produced shall be subject to a may be retained for use as seed or for other provisions of this paragraph and such terms penalty at a rate equal to 140 percent of the uses on a farm. When peanuts are so re- and conditions as the Secretary may pre- support price for quota peanuts for the mar- tained, the retention shall be considered as scribe, the owner, or operator with the per- keting year in which the marketing occurs. marketings of quota peanuts, except that the mission of the owner, of any farm for which The penalty shall not apply to the market- Secretary may exempt from consideration as a farm quota has been established under this ing of breeder or Foundation seed peanuts marketings of quota peanuts seeds of pea- Act in a State having a poundage quota of grown and marketed by a publicly owned ag- nuts for the quantity involved that are used 10,000 tons or more may sell poundage quota ricultural experiment station (including a to produce peanuts excluded under section to any other eligible owner or operator of a State operated seed organization) under such 301(b)(18), are unique strains, and are not farm within the same State. regulations as the Secretary may prescribe. commercially available. ‘‘(B) LIMITATIONS BASED ON TOTAL POUND- ‘‘(B) MARKETING YEAR.—For purposes of ‘‘(2) ADDITIONAL PEANUTS.—Additional pea- AGE QUOTA.— this section, the marketing year for peanuts nuts shall not be retained for use on a farm ‘‘(i) 1996 MARKETING YEAR.—Not more than shall be the 12-month period beginning Au- and shall not be marketed for domestic edi- 15 percent of the total poundage quota with- gust 1 and ending July 31. ble use, except as provided in subsection (g). in a county as of January 1, 1996, may be sold ‘‘(C) MARKETING ADDITIONAL PEANUTS.—The ‘‘(3) SEED.—Except as provided in para- and transferred under this paragraph during marketing of any additional peanuts from a graph (1), seed for planting of any peanut the 1996 marketing year. farm shall be subject to the same penalty as acreage in the United States shall be ob- ‘‘(ii) 1997–2002 MARKETING YEARS.— the penalty prescribed in subparagraph (A) tained solely from quota peanuts marketed ‘‘(I) IN GENERAL.—Except as provided in unless the peanuts, in accordance with regu- or considered marketed for domestic edible subclause (II), not more than 5 percent of the lations established by the Secretary, are— use. quota pounds remaining in a county as of ‘‘(i) placed under loan at the additional ‘‘(c) MARKETING PEANUTS WITH EXCESS January 1, 1997, and each January 1 there- loan rate in effect for the peanuts under sec- QUANTITY, GRADE, OR QUALITY.—On a finding after through January 1, 2002, may be sold tion 106 of the Agricultural Market Transi- by the Secretary that the peanuts marketed and transferred under this paragraph during tion Act and not redeemed by the producers; from any crop for domestic edible use by a the applicable marketing year. ‘‘(ii) marketed through an area marketing handler are larger in quantity or higher in ‘‘(II) CARRYOVER.—Any eligible quota that association designated pursuant to section grade or quality than the peanuts that could is not sold or transferred under clause (i) 106(a)(3)(A) of the Agricultural Market Tran- reasonably be produced from the quantity of shall be eligible for sale or transfer under sition Act; or peanuts having the grade, kernel content, subclause (I). ‘‘(iii) marketed under contracts between and quality of the quota peanuts acquired by ‘‘(C) COUNTY LIMITATION.—Not more than 40 handlers and producers pursuant to sub- the handler from the crop for the marketing percent of the total poundage quota within a section (f). year, the handler shall be subject to a pen- county may be sold and transferred under ‘‘(2) PAYER.—The penalty shall be paid by alty equal to 140 percent of the loan level for this paragraph. the person who buys or otherwise acquires quota peanuts on the quantity of peanuts February 6, 1996 CONGRESSIONAL RECORD — SENATE S 949

that the Secretary determines are in excess ‘‘(4) COMMINGLING OF LIKE PEANUTS.—Quota ‘‘(B) EXTENSION OF DEADLINE.—The Sec- of the quantity, grade, or quality of the pea- and additional peanuts of like type and seg- retary may extend the deadline under sub- nuts that could reasonably have been pro- regation or quality may, under regulations paragraph (A) by up to 15 days in response to duced from the peanuts so acquired. issued by the Secretary, be commingled and damaging weather or related condition (as ‘‘(d) HANDLING AND DISPOSAL OF ADDI- exchanged on a dollar value basis to facili- defined in section 112 of the Disaster Assist- TIONAL PEANUTS.— tate warehousing, handling, and marketing. ance Act of 1989 (Public Law 101–82; 7 U.S.C. ‘‘(1) IN GENERAL.—Except as provided in ‘‘(5) PENALTY.— 1421 note)). The Secretary shall announce the paragraph (2), the Secretary shall require ‘‘(A) IN GENERAL.—Except as provided in extension not later than September 5 of the that the handling and disposal of additional subparagraph (B), the failure by a handler to year in which the crop is produced. peanuts be supervised by agents of the Sec- comply with regulations issued by the Sec- ‘‘(3) FORM.—The contract shall be executed retary or by area marketing associations retary governing the disposition and han- on a form prescribed by the Secretary. The designated pursuant to section 106(a)(3)(A) of dling of additional peanuts shall subject the form shall require such information as the the Agricultural Market Transition Act. handler to a penalty at a rate equal to 140 Secretary determines appropriate to ensure the proper handling of the additional pea- ‘‘(2) NONSUPERVISION OF HANDLERS.— percent of the loan level for quota peanuts nuts, including the identity of the contract- ‘‘(A) IN GENERAL.—Supervision of the han- on the quantity of peanuts involved in the dling and disposal of additional peanuts by a violation. ing parties, poundage and category of the peanuts, the disclosure of any liens, and the handler shall not be required under para- ‘‘(B) NONDELIVERY.—A handler shall not be intended disposition of the peanuts. graph (1) if the handler agrees in writing, subject to a penalty for failure to export ad- ‘‘(4) INFORMATION FOR HANDLING AND PROC- prior to any handling or disposal of the pea- ditional peanuts if the peanuts were not de- ESSING ADDITIONAL PEANUTS.—Notwithstand- nuts, to comply with regulations that the livered to the handler. ing any other provision of this section, any Secretary shall issue. ‘‘(6) REENTRY OF EXPORTED PEANUTS.— person wishing to handle and process addi- ‘‘(B) REGULATIONS.—The regulations issued ‘‘(A) PENALTY.—If any additional peanuts tional peanuts as a handler shall submit to by the Secretary under subparagraph (A) or peanut products exported by a handler are the Secretary (or if designated by the Sec- shall include the following provisions: reentered into the United States in commer- retary, the area marketing association), YPES OF EXPORTED OR CRUSHED PEA- cial quantities as determined by the Sec- ‘‘(i) T such information as may be required under NUTS.—Handlers of shelled or milled peanuts retary, the importer of the peanuts and pea- nut products shall be subject to a penalty at subsection (d) by such date as is prescribed may export or crush peanuts classified by by the Secretary so as to permit final action type in each of the following quantities: a rate equal to 140 percent of the loan level for quota peanuts on the quantity of peanuts to be taken on the application by July 1 of ‘‘(I) SOUND SPLIT KERNEL PEANUTS.—Sound each marketing year. split kernel peanuts purchased by the han- reentered. ‘‘(5) TERMS.—Each such contract shall con- ‘‘(B) RECORDS.—Each person, firm, or han- dler as additional peanuts to which, under tain the final price to be paid by the handler price support loan schedules, a mandated de- dler who imports peanuts into the United States shall maintain such records and docu- for the peanuts involved and a specific prohi- duction with respect to the price paid to the bition against the disposition of the peanuts producer of the peanuts would be applied due ments as are required by the Secretary to ensure compliance with this subsection. for domestic edible or seed use. to the percentage of the sound splits. ‘‘(6) SUSPENSION OF RESTRICTIONS ON IM- ‘‘(e) SPECIAL EXPORT CREDITS.— ‘‘(II) SOUND MATURE KERNEL PEANUTS.— PORTED PEANUTS.—Notwithstanding any Sound mature kernel peanuts (which term ‘‘(1) IN GENERAL.—The Secretary shall, other provision of this Act, if the President includes sound split kernel peanuts and with due regard for the integrity of the pea- issues a proclamation under section 404(b) of sound whole kernel peanuts) in an amount nut program, promulgate regulations that the Uruguay Round Agreements Act (19 equal to the poundage of the peanuts pur- will permit any handler of peanuts who man- U.S.C. 3601(b)) expanding the quantity of pea- chased by the handler as additional peanuts, ufactures peanut products from domestic ed- nuts subject to the in-quota rate of duty less the total poundage of sound split kernel ible peanuts to export the products and re- under a tariff-rate quota, or under section 22 peanuts described in subclause (I). ceive credit for the fulfillment of export obli- of the Agricultural Adjustment Act (7 U.S.C. ‘‘(III) REMAINDER.—The remaining quan- gations for the peanut content of the prod- 624), reenacted with amendments by the Ag- tity of total kernel content of peanuts pur- ucts against which export credit the handler ricultural Marketing Agreement Act of 1937, chased by the handler as additional peanuts. may subsequently apply, up to the amount of temporarily suspending restrictions on the ‘‘(ii) DOCUMENTATION.—Handlers shall en- the credit, equivalent quantities of addi- importation of peanuts, the Secretary shall, sure that any additional peanuts exported or tional peanuts of the same type acquired by subject to such terms and conditions as the crushed are evidenced by onboard bills of the handler and used in the domestic edible Secretary may prescribe, permit a handler, lading or other appropriate documentation market. The peanuts so acquired for the do- with the written consent of the producer, to as may be required by the Secretary, or mestic edible market as provided in this sub- purchase additional peanuts from any pro- both. section shall be of the same crop year as the ducer who contracted with the handler and ‘‘(iii) LOSS OF PEANUTS.—If a handler suf- peanuts used in the manufacture of the prod- to offer the peanuts for sale for domestic edi- fers a loss of peanuts as a result of fire, ucts so exported. ble use. flood, or any other condition beyond the con- ‘‘(2) CERTIFICATION.—Under the regula- ‘‘(g) MARKETING OF PEANUTS OWNED OR trol of the handler, the portion of the loss al- tions, the Secretary shall require all han- CONTROLLED BY THE COMMODITY CREDIT COR- located to contracted additional peanuts dlers who are peanut product manufacturers PORATION.— shall not be greater than the portion of the to submit annual certifications of peanut ‘‘(1) IN GENERAL.—Subject to section 104(k) total peanut purchases of the handler for the product content on a product-by-product of the Agricultural Market Transition Act, year attributable to contracted additional basis. Any changes in peanut product for- any peanuts owned or controlled by the Com- peanuts purchased for export or crushing by mulas as affecting peanut content shall be modity Credit Corporation may be made the handler during the year. recorded within 90 days after the changes. available for domestic edible use, in accord- ‘‘(iv) SHRINKAGE ALLOWANCE.— The Secretary shall conduct an annual re- ance with regulations issued by the Sec- ‘‘(I) IN GENERAL.—The obligation of a han- view of the certifications. The Secretary retary, so long as doing so does not result in dler to export or crush peanuts in quantities shall pursue all available remedies with re- substantially increased cost to the Commod- described in this subparagraph shall be re- spect to persons who fail to comply with this ity Credit Corporation. Additional peanuts duced by a shrinkage allowance, to be deter- paragraph. received under loan shall be offered for sale mined by the Secretary, to reflect actual ‘‘(3) RECORDS.—The Secretary shall require for domestic edible use at prices that are not dollar value shrinkage experienced by han- handlers who are peanut product manufac- less than the prices that are required to dlers in commercial operations, except that turers to maintain and provide such docu- cover all costs incurred with respect to the the allowance shall not be less than 4 per- ments as are necessary to ensure compliance peanuts for such items as inspection, cent, except as provided in subclause (II). with this subsection and to maintain the in- warehousing, shrinkage, and other expenses, ‘‘(II) COMMON INDUSTRY PRACTICES.—The tegrity of the peanut program. plus— Secretary may provide a lower shrinkage al- ‘‘(f) CONTRACTS FOR PURCHASE OF ADDI- ‘‘(A) not less than 100 percent of the loan lowance for a handler who fails to comply TIONAL PEANUTS.— value of quota peanuts if the additional pea- with restrictions on the use of peanuts, as ‘‘(1) IN GENERAL.—A handler may, under nuts are sold and paid for during the harvest may be specified by the Commodity Credit such regulations as the Secretary may issue, season on delivery by and with the written Corporation, to take into account common contract with a producer for the purchase of consent of the producer; industry practices. additional peanuts for crushing or export, or ‘‘(B) not less than 105 percent of the loan ‘‘(3) ADEQUATE FINANCES AND FACILITIES.—A both. value of quota peanuts if the additional pea- handler shall submit to the Secretary ade- ‘‘(2) SUBMISSION TO SECRETARY.— nuts are sold after delivery by the producer quate financial guarantees, as well as evi- ‘‘(A) CONTRACT DEADLINE.—Any such con- but not later than December 31 of the mar- dence of adequate facilities and assets, with tract shall be completed and submitted to keting year; or respect to the facilities under the control the Secretary (or if designated by the Sec- ‘‘(C) not less than 107 percent of the loan and operation of the handler, to ensure the retary, the area marketing association) for value of quota peanuts if the additional pea- compliance of the handler with the obliga- approval not later than September 15 of the nuts are sold later than December 31 of the tion to export peanuts. year in which the crop is produced. marketing year. S 950 CONGRESSIONAL RECORD — SENATE February 6, 1996

‘‘(2) ACCEPTANCE OF BIDS BY AREA MARKET- if the Secretary finds that the violation on be required to ensure, to the extent prac- ING ASSOCIATIONS.— which the penalty is based was minor or in- ticable, that farm operators in the State do ‘‘(A) IN GENERAL.—Except as provided in advertent, and that the reduction of the pen- not produce quota peanuts under subsection subparagraph (B), for the period from the alty will not impair the operation of the pea- (a) in excess of the quantity needed for ex- date additional peanuts are delivered for nut program. perimental and research purposes. loan to March 1 of the calendar year follow- ‘‘(B) FAILURE TO EXPORT CONTRACTED ADDI- ‘‘(d) CROPS.—Notwithstanding any other ing the year in which the additional peanuts TIONAL PEANUTS.—The amount of any pen- provision of law, this section shall be effec- were harvested, the area marketing associa- alty imposed on a handler under this section tive only for the 1996 through 2002 crops of tion designated pursuant to section that resulted from the failure to export or peanuts.’’. 106(a)(3)(A) of the Agricultural Market Tran- crush contracted additional peanuts shall (h) REPORTS AND RECORDS.—Effective only sition Act shall have sole authority to ac- not be reduced by the Secretary. for the 1996 through 2002 crops of peanuts, cept or reject lot list bids when the sales ‘‘(i) CROPS.—Notwithstanding any other the first sentence of section 373(a) of the Ag- price, as determined under this subsection, provision of law, this section shall be effec- ricultural Adjustment Act of 1938 (7 U.S.C. equals or exceeds the minimum price at tive only for the 1996 through 2002 crops of 1373(a)) is amended by inserting before ‘‘all which the Commodity Credit Corporation peanuts.’’. brokers and dealers in peanuts’’ the follow- may sell the stocks of additional peanuts of (f) PEANUT STANDARDS.— ing: ‘‘all producers engaged in the production the Corporation. (1) LABELING.—The Secretary shall require of peanuts,’’. ‘‘(B) MODIFICATION.—The area marketing that all peanuts and peanut products sold in (i) REGULATIONS.—The Secretary of Agri- association and the Commodity Credit Cor- the United States contain labeling that lists culture shall issue such regulations as are poration may agree to modify the authority the country or countries in which the pea- necessary to carry out this section and the granted by subparagraph (A) to facilitate the nuts, including all peanuts used to manufac- amendments made by this section. In issuing orderly marketing of additional peanuts. ture the peanut products, were produced. the regulations, the Secretary shall— ‘‘(3) PRODUCER MARKETING AND EXPENSES.— (2) INSPECTION AND TESTING.— (1) comply with subchapter II of chapter 5 Notwithstanding any other provision of this (A) IN GENERAL.—All peanuts and peanut of title 5, United States Code; Act, the Secretary shall, in any determina- products sold in the United States shall be (2) provide public notice through the Fed- tion required under paragraphs (1)(B) and inspected and tested for grade and quality. eral Register of any such proposed regula- (2)(A) of section 106(a) of the Agricultural (B) CERTIFICATION.—All peanuts or peanut tions; and Market Transition Act, include any addi- products offered for sale in, or imported into, (3) allow adequate time for written public tional marketing expenses required by law, the United States shall be accompanied by a comment prior to the formulation and issu- excluding the amount of any assessment re- certification by the first seller or importer ance of any final regulations. quired under section 106(a)(7) of the Agricul- that the peanuts or peanut products do not tural Market Transition Act. contain residues of any pesticide not ap- AMENDMENT NO. 3343 ‘‘(h) ADMINISTRATION.— proved for use in, or importation into, the Strike the section relating to the peanut ‘‘(1) INTEREST.—The person liable for pay- United States. program and insert the following: ment or collection of any penalty provided (3) PEANUT CONTENT.— SEC. 106. PEANUT PROGRAM. for in this section shall be liable also for in- (A) OFFSET AGAINST HTS QUANTITY.—The (a) QUOTA PEANUTS.— terest on the penalty at a rate per annum actual quantity of peanuts, by weight, used (1) AVAILABILITY OF LOANS.—The Secretary equal to the rate per annum of interest that to manufacture, and ultimately contained shall make nonrecourse loans available to was charged the Commodity Credit Corpora- in, peanut products imported into the United producers of quota peanuts. tion by the Treasury of the United States on States shall be accounted for and offset (2) LOAN RATE.—The national average the date the penalty became due. against the total quantity of peanut imports quota loan rate for quota peanuts shall be ‘‘(2) DE MINIMIS QUANTITY.—This section allowed under the in-quota quantity of the $610 per ton. shall not apply to peanuts produced on any tariff-rate quota established for peanuts (3) INSPECTION, HANDLING, OR STORAGE.— farm on which the acreage harvested for pea- under the Harmonized Tariff Schedule of the The loan amount may not be reduced by the nuts is 1 acre or less if the producers who United States. share in the peanuts produced on the farm do Secretary by any deductions for inspection, (B) VERIFICATION.—The Secretary shall es- handling, or storage. not share in the peanuts produced on any tablish standards and procedures for the pur- other farm. (4) LOCATION AND OTHER FACTORS.—The pose of verifying the actual peanut content ‘‘(3) LIENS.—Until the amount of the pen- Secretary may make adjustments in the loan of peanut products imported into the United alty provided by this section is paid, a lien rate for quota peanuts for location of pea- States. on the crop of peanuts with respect to which nuts and such other factors as are authorized (4) CHANGE OF VENUE.—In any case in which the penalty is incurred, and on any subse- by section 411 of the Agricultural Adjust- an area pool or a marketing association quent crop of peanuts subject to farm pound- ment Act of 1938. brings, joins, or seeks to join a civil action age quotas in which the person liable for (b) ADDITIONAL PEANUTS.— in a United States district court to enforce payment of the penalty has an interest, shall (1) IN GENERAL.— this subsection, the district court may not be in effect in favor of the United States. (A) RATES.—Subject to subparagraph (B), transfer the action to any other district or ‘‘(4) PENALTIES.— the Secretary shall make nonrecourse loans division over the objection of the pool or ‘‘(A) PROCEDURES.—Notwithstanding any available to producers of additional peanuts marketing association. other provision of law, the liability for and at such rates as the Secretary finds appro- (g) EXPERIMENTAL AND RESEARCH PRO- the amount of any penalty assessed under priate, taking into consideration the demand GRAMS FOR PEANUTS.—Section 358c of the Ag- this section shall be determined in accord- ricultural Adjustment Act of 1938 (7 U.S.C. for peanut oil and peanut meal, expected ance with such procedures as the Secretary 1358c) is amended to read as follows: prices of other vegetable oils and protein may by regulation prescribe. The facts con- meals, and the demand for peanuts in foreign ‘‘SEC. 358c. EXPERIMENTAL AND RESEARCH PRO- stituting the basis for determining the liabil- GRAMS FOR PEANUTS. markets. ity for or amount of any penalty assessed ‘‘(a) IN GENERAL.—Notwithstanding any (B) LIMITATION.—The Secretary shall set under this section, when officially deter- other provision of this Act, the Secretary the support rate on additional peanuts at a mined in conformity with the applicable reg- may permit a portion of the poundage quota level estimated by the Secretary to ensure ulations prescribed by the Secretary, shall for peanuts apportioned to any State to be that there are no losses to the Commodity be final and conclusive and shall not be allocated from the quota reserve of the State Credit Corporation on the sale or disposal of reviewable by any other officer or agency of to land-grant institutions identified in the the peanuts. the Federal Government. Act of May 8, 1914 (38 Stat. 372, chapter 79; 7 (2) ANNOUNCEMENT.—The Secretary shall ‘‘(B) JUDICIAL REVIEW.—Nothing in this sec- U.S.C. 341 et seq.), and colleges eligible to re- announce the loan rate for additional pea- tion prohibits any court of competent juris- ceive funds under the Act of August 30, 1890 nuts of each crop not later than February 15 diction from reviewing any determination (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), preceding the marketing year for the crop made by the Secretary with respect to including Tuskegee Institute and, as appro- for which the loan rate is being determined. whether the determination was made in con- priate, the Agricultural Research Service of (c) AREA MARKETING ASSOCIATIONS.— formity with applicable law. the Department of Agriculture to be used for (1) WAREHOUSE STORAGE LOANS.— ‘‘(C) CIVIL PENALTIES.—All penalties im- experimental and research purposes. (A) IN GENERAL.—In carrying out sub- posed under this section shall for all pur- ‘‘(b) QUANTITY.—The quantity of the quota sections (a) and (b), the Secretary shall poses be considered civil penalties. allocated to an institution under this section make warehouse storage loans available in ‘‘(5) REDUCTION OF PENALTIES.— shall not exceed the quantity of the quota each of the producing areas (described in sec- ‘‘(A) IN GENERAL.—Except as provided in held by each such institution during the 1985 tion 1446.95 of title 7 of the Code of Federal subparagraph (B) and notwithstanding any crop year, except that the total quantity al- Regulations (January 1, 1989)) to a des- other provision of law, the Secretary may re- located to all institutions in a State shall ignated area marketing association of pea- duce the amount of any penalty assessed not exceed 1⁄10 of 1 percent of the basic quota nut producers that is selected and approved against handlers under this section by any of the State. by the Secretary and that is operated pri- appropriate amount, including, in an appro- ‘‘(c) LIMITATION.—The director of the agri- marily for the purpose of conducting the priate case, eliminating the penalty entirely, cultural experiment station for a State shall loan activities. The Secretary may not make February 6, 1996 CONGRESSIONAL RECORD — SENATE S 951 warehouse storage loans available to any co- additional peanuts for domestic and export each of the 1997 through 2002 crops, of the na- operative that is engaged in operations or edible use. tional average quota or additional peanut activities concerning peanuts other than (3) ADDITIONAL PEANUT GAINS.—Further loan rate for the applicable crop. those operations and activities specified in losses in an area quota pool shall be offset by (2) FIRST PURCHASERS.— this section and section 358e of the Agricul- gains or profits attributable to sales of addi- (A) IN GENERAL.—Except as provided under tural Adjustment Act of 1938 (7 U.S.C. 1359a). tional peanuts in that area for domestic edi- paragraphs (3) and (4), the first purchaser of (B) ADMINISTRATIVE AND SUPERVISORY AC- ble and other uses. peanuts shall— TIVITIES.—An area marketing association (4) USE OF MARKETING ASSESSMENTS.—The (i) collect from the producer a marketing shall be used in administrative and super- Secretary shall use funds collected under assessment equal to the quantity of peanuts visory activities relating to loans and mar- subsection (g) to offset further losses in area acquired multiplied by— keting activities under this section and sec- quota pools. The Secretary shall transfer to (I) in the case of each of the 1994 and 1995 tion 358e of the Agricultural Adjustment Act the Treasury those funds collected under crops, .55 percent of the applicable national of 1938 (7 U.S.C. 1359a). subsection (g) and available for use under average loan rate; (C) ASSOCIATION COSTS.—Loans made to the this subsection that the Secretary deter- (II) in the case of the 1996 crop, .6 percent association under this paragraph shall in- mines are not required to cover losses in of the applicable national average loan rate; clude such costs as the area marketing asso- area quota pools. and ciation reasonably may incur in carrying out (5) CROSS COMPLIANCE.—Further losses in (III) in the case of each of the 1997 through the responsibilities, operations, and activi- area quota pools, other than losses incurred 2002 crops, .65 percent of the applicable na- ties of the association under this section and as a result of transfers from additional loan tional average loan rate; section 358e of the Agricultural Adjustment pools to quota loan pools under section 358– (ii) pay, in addition to the amount col- Act of 1938 (7 U.S.C. 1359a). 1(b)(8) of the Agricultural Adjustment Act of lected under clause (i), a marketing assess- (2) POOLS FOR QUOTA AND ADDITIONAL PEA- 1938 (7 U.S.C. 1358–1(b)(8)), shall be offset by ment in an amount equal to the quantity of NUTS.— any gains or profits from pools in other pro- peanuts acquired multiplied by .55 percent of (A) IN GENERAL.—The Secretary shall re- duction areas (other than separate type the applicable national average loan rate; quire that each area marketing association pools established under subsection (c)(2)(A) and establish pools and maintain complete and for Valencia peanuts produced in New Mex- (iii) remit the amounts required under accurate records by area and segregation for ico) in such manner as the Secretary shall by clauses (i) and (ii) to the Commodity Credit quota peanuts handled under loan and for ad- regulation prescribe. Corporation in a manner specified by the ditional peanuts placed under loan, except (6) INCREASED ASSESSMENTS.—If use of the Secretary. that separate pools shall be established for authorities provided in the preceding para- (B) DEFINITION OF FIRST PURCHASER.—In Valencia peanuts produced in New Mexico. graphs is not sufficient to cover losses in an this subsection, the term ‘‘first purchaser’’ (B) ELIGIBILITY TO PARTICIPATE.— area quota pool, the Secretary shall increase means a person acquiring peanuts from a (i) IN GENERAL.—Except as provided in the marketing assessment established under producer except that in the case of peanuts clause (ii), in the case of the 1996 and subse- subsection (g) by such an amount as the Sec- forfeited by a producer to the Commodity quent crops, Valencia peanuts not physically retary considers necessary to cover the Credit Corporation, the term means the per- produced in the State of New Mexico shall losses. Amounts collected under subsection son acquiring the peanuts from the Commod- not be eligible to participate in the pools of (g) as a result of the increased assessment ity Credit Corporation. the State. shall be retained by the Secretary to cover (3) OTHER PRIVATE MARKETINGS.—In the (ii) EXCEPTION.—A resident of the State of losses in that pool. case of a private marketing by a producer di- New Mexico may enter Valencia peanuts (e) DISAPPROVAL OF QUOTAS.—Notwith- rectly to a consumer through a retail or that are produced outside of the State into standing any other provision of law, no loan wholesale outlet or in the case of a market- the pools of the State in a quantity that is for quota peanuts may be made available by ing by the producer outside of the continen- not greater than the 1995 crop of the resi- the Secretary for any crop of peanuts with tal United States, the producer shall be re- dent. respect to which poundage quotas have been sponsible for the full amount of the assess- (C) TYPES OF PEANUTS.—Bright hull and disapproved by producers, as provided for in ment and shall remit the assessment by such dark hull Valencia peanuts shall be consid- section 358–1(d) of the Agricultural Adjust- time as is specified by the Secretary. ered as separate types for the purpose of es- ment Act of 1938 (7 U.S.C. 1358–1(d)). (4) LOAN PEANUTS.—In the case of peanuts tablishing the pools. (f) QUALITY IMPROVEMENT.— that are pledged as collateral for a loan (D) NET GAINS.—Net gains on peanuts in (1) IN GENERAL.—With respect to peanuts made under this section, 1⁄2 of the assessment each pool, unless otherwise approved by the under loan, the Secretary shall— shall be deducted from the proceeds of the Secretary, shall be distributed only to pro- (A) promote the crushing of peanuts at a loan. The remainder of the assessment shall ducers who placed peanuts in the pool and greater risk of deterioration before peanuts be paid by the first purchaser of the peanuts. shall be distributed in proportion to the of a lesser risk of deterioration; For purposes of computing net gains on pea- value of the peanuts placed in the pool by (B) ensure that all Commodity Credit Cor- nuts under this section, the reduction in each producer. Net gains for peanuts in each poration inventories of peanuts sold for do- loan proceeds shall be treated as having been pool shall consist of the following: mestic edible use must be shown to have paid to the producer. (i) QUOTA PEANUTS.—For quota peanuts, been officially inspected by licensed Depart- (5) PENALTIES.—If any person fails to col- the sum of— ment inspectors both as farmer stock and lect or remit the reduction required by this (I) the net gains over and above the loan shelled or cleaned in-shell peanuts; subsection or fails to comply with the re- indebtedness and other costs or losses in- (C) continue to endeavor to operate the quirements for recordkeeping or otherwise as curred on peanuts placed in the pool; and peanut program so as to improve the quality are required by the Secretary to carry out (II) an amount from all additional pool of domestic peanuts and ensure the coordina- this subsection, the person shall be liable to gains equal to any loss on the disposition of tion of activities under the Peanut Adminis- the Secretary for a civil penalty up to an all peanuts in the pool for quota peanuts. trative Committee established under Mar- amount determined by multiplying— (ii) ADDITIONAL PEANUTS.—For additional keting Agreement No. 146, regulating the (A) the quantity of peanuts involved in the peanuts, the difference between— quality of domestically produced peanuts violation; by (I) the net gains over and above the loan (under the Agricultural Adjustment Act (7 (B) the national average quota peanut rate indebtedness and other costs or losses in- U.S.C. 601 et seq.), reenacted with amend- for the applicable crop year. curred on peanuts placed in the pool for addi- ments by the Agricultural Marketing Agree- (6) ENFORCEMENT.—The Secretary may en- tional peanuts; and ment Act of 1937); and force this subsection in the courts of the (II) any amount allocated to offset any loss (D) ensure that any changes made in the United States. on the pool for quota peanuts. peanut program as a result of this subsection (h) CROPS.—Subsections (a) through (f) (d) LOSSES.—Losses in quota area pools requiring additional production or handling shall be effective only for the 1996 through shall be covered using the following sources at the farm level shall be reflected as an up- 2002 crops of peanuts. in the following order of priority: ward adjustment in the Department loan (i) MARKETING QUOTAS.— (1) TRANSFERS FROM ADDITIONAL LOAN schedule. (1) IN GENERAL.—Part VI of subtitle B of POOLS.—The proceeds due any producer from (2) EXPORTS AND OTHER PEANUTS.—The Sec- title III of the Agricultural Adjustment Act any pool shall be reduced by the amount of retary shall require that all peanuts in the of 1938 is amended— any loss that is incurred with respect to pea- domestic and export markets fully comply (A) in section 358–1 (7 U.S.C. 1358–1)— nuts transferred from an additional loan pool with all quality standards under Marketing (i) in the section heading, by striking to a quota loan pool by the producer under Agreement No. 146. ‘‘1991 through 1997 crops of’’; section 358–1(b)(8) of the Agricultural Adjust- (g) MARKETING ASSESSMENT.— (ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A), ment Act of 1938 (7 U.S.C. 1358–1(b)(8)). (1) IN GENERAL.—The Secretary shall pro- (b)(2)(C), and (b)(3)(A), by striking ‘‘of the (2) OTHER PRODUCERS IN SAME POOL.—Fur- vide for a nonrefundable marketing assess- 1991 through 1997 marketing years’’ each ther losses in an area quota pool shall be off- ment. The assessment shall be made on a per place it appears and inserting ‘‘marketing set by reducing the gain of any producer in pound basis in an amount equal to 1.1 per- year’’; the pool by the amount of pool gains attrib- cent for each of the 1994 and 1995 crops, 1.15 (iii) in subsection (a)(3), by striking ‘‘1990’’ uted to the same producer from the sale of percent for the 1996 crop, and 1.2 percent for and inserting ‘‘1990, for the 1991 through 1995 S 952 CONGRESSIONAL RECORD — SENATE February 6, 1996 marketing years, and 1995, for the 1996 (iv) in paragraph (3), by striking ‘‘(includ- ignated area marketing association of pea- through 2002 marketing years’’; ing any applicable undermarketings)’’. nut producers that is selected and approved (iv) in subsection (b)(1)(A)— (5) DISASTER TRANSFERS.—Section 358–1(b) by the Secretary and that is operated pri- (I) by striking ‘‘each of the 1991 through of the Act (7 U.S.C. 1358–1(b)), as amended by marily for the purpose of conducting the 1997 marketing years’’ and inserting ‘‘each paragraph (4)(A)(iii), is further amended by loan activities. The Secretary may not make marketing year’’; and adding at the end the following: warehouse storage loans available to any co- (II) in clause (i), by inserting before the ‘‘(8) DISASTER TRANSFERS.— operative that is engaged in operations or semicolon the following: ‘‘, in the case of the ‘‘(A) IN GENERAL.—Except as provided in activities concerning peanuts other than 1991 through 1995 marketing years, and the subparagraph (B), additional peanuts pro- those operations and activities specified in 1995 marketing year, in the case of the 1996 duced on a farm from which the quota this section and section 358e of the Agricul- through 2002 marketing years’’; and poundage was not harvested and marketed tural Adjustment Act of 1938 (7 U.S.C. 1359a). (v) in subsection (f), by striking ‘‘1997’’ and because of drought, flood, or any other natu- (B) ADMINISTRATIVE AND SUPERVISORY AC- inserting ‘‘2002’’; ral disaster, or any other condition beyond TIVITIES.—An area marketing association (B) in section 358b (7 U.S.C. 1358b)— the control of the producer, may be trans- shall be used in administrative and super- (i) in the section heading, by striking ferred to the quota loan pool for pricing pur- visory activities relating to loans and mar- ‘‘1991 through 1995 crops of’’; and poses on such basis as the Secretary shall by keting activities under this section and sec- (ii) in subsection (c), by striking ‘‘1995’’ regulation provide. tion 358e of the Agricultural Adjustment Act and inserting ‘‘2002’’; ‘‘(B) LIMITATION.—The poundage of peanuts of 1938 (7 U.S.C. 1359a). (C) in section 358c(d) (7 U.S.C. 1358c(d)), by transferred under subparagraph (A) shall not (C) ASSOCIATION COSTS.—Loans made to the striking ‘‘1995’’ and inserting ‘‘2002’’; and exceed the difference between— association under this paragraph shall in- (D) in section 358e (7 U.S.C. 1359a)— ‘‘(i) the total quantity of peanuts meeting clude such costs as the area marketing asso- (i) in the section heading, by striking ‘‘for quality requirements for domestic edible ciation reasonably may incur in carrying out 1991 through 1997 crops of peanuts’’; and use, as determined by the Secretary, mar- the responsibilities, operations, and activi- (ii) in subsection (i), by striking ‘‘1997’’ and keted from the farm; and inserting ‘‘2002’’. ties of the association under this section and ‘‘(ii) the total farm poundage quota, ex- section 358e of the Agricultural Adjustment (2) ELIMINATION OF QUOTA FLOOR.—Section cluding quota pounds transferred to the farm Act of 1938 (7 U.S.C. 1359a). 358–1(a)(1) of the Act (7 U.S.C. 1358–1(a)(1)) is in the fall. amended by striking the second sentence. (2) POOLS FOR QUOTA AND ADDITIONAL PEA- ‘‘(C) SUPPORT RATE.—Peanuts transferred NUTS.— (3) TEMPORARY QUOTA ALLOCATION.—Sec- under this paragraph shall be supported at 70 tion 358–1 of the Act (7 U.S.C. 1358–1) is (A) IN GENERAL.—The Secretary shall re- percent of the quota support rate for the quire that each area marketing association amended— marketing years in which the transfers (A) in subsection (a)(1), by striking ‘‘do- establish pools and maintain complete and occur. The transfers for a farm shall not ex- accurate records by area and segregation for mestic edible, seed,’’ and inserting ‘‘domes- ceed 25 percent of the total farm quota tic edible use’’; quota peanuts handled under loan and for ad- pounds, excluding pounds transferred in the ditional peanuts placed under loan, except (B) in subsection (b)(2)— fall.’’. (i) in subparagraph (A), by striking ‘‘sub- that separate pools shall be established for paragraph (B) and subject to’’; and Valencia peanuts produced in New Mexico. AMENDMENT NO. 3344 (ii) by striking subparagraph (B) and in- (B) ELIGIBILITY TO PARTICIPATE.— serting the following: Strike the section relating to the peanut (i) IN GENERAL.—Except as provided in ‘‘(B) TEMPORARY QUOTA ALLOCATION.— program and insert the following: clause (ii), in the case of the 1996 and subse- ‘‘(i) ALLOCATION RELATED TO SEED PEA- SEC. 106. PEANUT PROGRAM. quent crops, Valencia peanuts not physically NUTS.—Temporary allocation of quota (a) QUOTA PEANUTS.— produced in the State of New Mexico shall pounds for the marketing year only in which (1) AVAILABILITY OF LOANS.—The Secretary not be eligible to participate in the pools of the crop is planted shall be made to produc- shall make nonrecourse loans available to the State. ers for each of the 1996 through 2002 market- producers of quota peanuts. (ii) EXCEPTION.—A resident of the State of ing years as provided in this subparagraph. (2) LOAN RATE.—The national average New Mexico may enter Valencia peanuts ‘‘(ii) QUANTITY.—The temporary quota allo- quota loan rate for quota peanuts shall be that are produced outside of the State into cation shall be equal to the pounds of seed $678 per ton. the pools of the State in a quantity that is peanuts planted on the farm, as may be ad- (3) INSPECTION, HANDLING, OR STORAGE.— not greater than the 1995 crop of the resi- justed under regulations prescribed by the The loan amount may not be reduced by the dent. Secretary. Secretary by any deductions for inspection, (C) TYPES OF PEANUTS.—Bright hull and ‘‘(iii) ADDITIONAL QUOTA.—The temporary handling, or storage. dark hull Valencia peanuts shall be consid- allocation of quota pounds under this para- (4) LOCATION AND OTHER FACTORS.—The ered as separate types for the purpose of es- graph shall be in addition to the farm pound- Secretary may make adjustments in the loan tablishing the pools. age quota otherwise established under this rate for quota peanuts for location of pea- (D) NET GAINS.—Net gains on peanuts in subsection and shall be credited, for the ap- nuts and such other factors as are authorized each pool, unless otherwise approved by the plicable marketing year only, in total to the by section 411 of the Agricultural Adjust- Secretary, shall be distributed only to pro- producer of the peanuts on the farm in a ment Act of 1938. ducers who placed peanuts in the pool and manner prescribed by the Secretary. (b) ADDITIONAL PEANUTS.— shall be distributed in proportion to the ‘‘(iv) EFFECT OF OTHER REQUIREMENTS.— (1) IN GENERAL.— value of the peanuts placed in the pool by Nothing in this section alters or changes the (A) RATES.—Subject to subparagraph (B), each producer. Net gains for peanuts in each requirements regarding the use of quota and the Secretary shall make nonrecourse loans pool shall consist of the following: additional peanuts established by section available to producers of additional peanuts (i) QUOTA PEANUTS.—For quota peanuts, 358e(b).’’; and at such rates as the Secretary finds appro- the sum of— (C) in subsection (e)(3), strike ‘‘and seed priate, taking into consideration the demand (I) the net gains over and above the loan and use on a farm’’. for peanut oil and peanut meal, expected indebtedness and other costs or losses in- (4) UNDERMARKETINGS.—Part VI of subtitle prices of other vegetable oils and protein curred on peanuts placed in the pool; and B of title III of the Act is amended— meals, and the demand for peanuts in foreign (II) an amount from all additional pool (A) in section 358–1(b) (7 U.S.C. 1358–1(b))— markets. gains equal to any loss on the disposition of (i) in paragraph (1)(B), by striking (B) LIMITATION.—The Secretary shall set all peanuts in the pool for quota peanuts. ‘‘including—’’ and clauses (i) and (ii) and in- the support rate on additional peanuts at a (ii) ADDITIONAL PEANUTS.—For additional serting ‘‘including any increases resulting level estimated by the Secretary to ensure peanuts, the difference between— from the allocation of quotas voluntarily re- that there are no losses to the Commodity (I) the net gains over and above the loan leased for 1 year under paragraph (7).’’; Credit Corporation on the sale or disposal of indebtedness and other costs or losses in- (ii) in paragraph (3)(B), by striking ‘‘in- the peanuts. curred on peanuts placed in the pool for addi- clude—’’ and clauses (i) and (ii) and inserting (2) ANNOUNCEMENT.—The Secretary shall tional peanuts; and ‘‘include any increase resulting from the al- announce the loan rate for additional pea- (II) any amount allocated to offset any loss location of quotas voluntarily released for 1 nuts of each crop not later than February 15 on the pool for quota peanuts. year under paragraph (7).’’; and preceding the marketing year for the crop (iii) by striking paragraphs (8) and (9); and for which the loan rate is being determined. (d) LOSSES.—Losses in quota area pools (B) in section 358b(a) (7 U.S.C. 1358b(a))— (c) AREA MARKETING ASSOCIATIONS.— shall be covered using the following sources (i) in paragraph (1), by striking ‘‘(including (1) WAREHOUSE STORAGE LOANS.— in the following order of priority: any applicable under marketings)’’ both (A) IN GENERAL.—In carrying out sub- (1) TRANSFERS FROM ADDITIONAL LOAN places it appears; sections (a) and (b), the Secretary shall POOLS.—The proceeds due any producer from (ii) in paragraph (1)(A), by striking ‘‘of make warehouse storage loans available in any pool shall be reduced by the amount of undermarketings and’’; each of the producing areas (described in sec- any loss that is incurred with respect to pea- (iii) in paragraph (2), by striking ‘‘(includ- tion 1446.95 of title 7 of the Code of Federal nuts transferred from an additional loan pool ing any applicable under marketings)’’; and Regulations (January 1, 1989)) to a des- to a quota loan pool by the producer under February 6, 1996 CONGRESSIONAL RECORD — SENATE S 953 section 358–1(b)(8) of the Agricultural Adjust- ply with all quality standards under Market- contain residues of any pesticide not ap- ment Act of 1938 (7 U.S.C. 1358–1(b)(8)). ing Agreement No. 146. proved for use in, or importation into, the (2) OTHER PRODUCERS IN SAME POOL.—Fur- (2) PEANUT STANDARDS.— United States. ther losses in an area quota pool shall be off- (A) INSPECTION; QUALITY ASSURANCE.— (E) NUTRITIONAL LABELING.—The Secretary set by reducing the gain of any producer in (i) INITIAL ENTRY.—The Secretary shall re- shall require all peanuts and peanut products the pool by the amount of pool gains attrib- quire all peanuts and peanut products sold in sold in the United States to contain com- uted to the same producer from the sale of the United States to be initially placed in a plete nutritional labeling information as re- additional peanuts for domestic and export bonded, licensed warehouse approved by the quired under the Federal Food, Drug, and edible use. Secretary for the purpose of inspection and Cosmetic Act (21 U.S.C. 321 et seq.). (3) ADDITIONAL PEANUT GAINS.—Further grading by the Secretary, the Commissioner (F) PEANUT CONTENT.— losses in an area quota pool shall be offset by of the Food and Drug Administration, and (i) OFFSET AGAINST HTS QUANTITY.—The ac- gains or profits attributable to sales of addi- the heads of other appropriate agencies of tual quantity of peanuts, by weight, used to tional peanuts in that area for domestic edi- the United States. manufacture, and ultimately contained in, ble and other uses. (ii) PRELIMINARY INSPECTION.—Peanuts and peanut products imported into the United (4) USE OF MARKETING ASSESSMENTS.—The peanut products shall be held in the ware- States shall be accounted for and offset Secretary shall use funds collected under house until inspected by the Secretary, the against the total quantity of peanut imports subsection (g) to offset further losses in area Commissioner of the Food and Drug Admin- allowed under the in-quota quantity of the quota pools. The Secretary shall transfer to istration, or the head of another appropriate tariff-rate quota established for peanuts agency of the United States, for chemical the Treasury those funds collected under under the Harmonized Tariff Schedule of the residues, general cleanliness, disease, size, subsection (g) and available for use under United States. aflatoxin, stripe virus, and other harmful this subsection that the Secretary deter- (ii) VERIFICATION.—The Secretary shall es- conditions, and an assurance of compliance mines are not required to cover losses in tablish standards and procedures for the pur- with all grade and quality standards speci- area quota pools. pose of verifying the actual peanut content (5) CROSS COMPLIANCE.—Further losses in fied under Marketing Agreement No. 146, regulating the quality of domestically pro- of peanut products imported into the United area quota pools, other than losses incurred States. as a result of transfers from additional loan duced peanuts (under the Agricultural Ad- justment Act (7 U.S.C. 601 et seq.), reenacted (G) PLANT DISEASES.—The Secretary, in pools to quota loan pools under section 358– consultation with the heads of other appro- 1(b)(8) of the Agricultural Adjustment Act of with amendments by the Agricultural Mar- keting Agreement Act of 1937). priate agencies of the United States, shall 1938 (7 U.S.C. 1358–1(b)(8)), shall be offset by ensure that all peanuts in the domestic edi- any gains or profits from pools in other pro- (iii) SEPARATION OF LOTS.—All imported peanuts shall be maintained separately from, ble market are inspected and tested to en- duction areas (other than separate type sure that they are free of all plant diseases. pools established under subsection (c)(2)(A) and shall not be commingled with, domesti- (H) ADMINISTRATION.— for Valencia peanuts produced in New Mex- cally produced peanuts in the warehouse. (iv) ORIGIN OF PEANUT PRODUCTS.— (i) FEES.—The Secretary shall by regula- ico) in such manner as the Secretary shall by tion fix and collect fees and charges to cover regulation prescribe. (I) LABELING.—A peanut product shall be labeled with a label that indicates the origin the costs of any inspection or testing per- (6) INCREASED ASSESSMENTS.—If use of the of the peanuts contained in the product. formed under this paragraph. authorities provided in the preceding para- (II) SOURCE.—No peanut product may con- (ii) CERTIFICATION.— graphs is not sufficient to cover losses in an tain both imported and domestically pro- (I) IN GENERAL.—The Secretary may re- area quota pool, the Secretary shall increase duced peanuts. quire the first seller of peanuts sold in the the marketing assessment established under (III) IMPORTED PEANUT PRODUCTS.—The United States to certify that the peanuts subsection (g) by such an amount as the Sec- first seller of an imported peanut product comply with this paragraph. retary considers necessary to cover the shall certify that the product is made from (II) FRAUD AND FALSE STATEMENTS.—Sec- losses. Amounts collected under subsection raw peanuts that meet the same quality and tion 1001 of title 18, United States Code, shall (g) as a result of the increased assessment grade standards that apply to domestically apply to a certification made under this shall be retained by the Secretary to cover produced peanuts. paragraph. losses in that pool. (v) DOCUMENTATION.—No peanuts or peanut (iii) STANDARDS AND PROCEDURES.—In con- (e) DISAPPROVAL OF QUOTAS.—Notwith- products may be transferred, shipped, or oth- sultation with the heads of other appropriate standing any other provision of law, no loan erwise released from a warehouse described agencies of the United States, the Secretary for quota peanuts may be made available by in clause (i) unless accompanied by a United shall establish standards and procedures to the Secretary for any crop of peanuts with States Government inspection certificate provide for the enforcement of, and ensure respect to which poundage quotas have been that certifies compliance with this subpara- compliance with, this paragraph. disapproved by producers, as provided for in graph. (iv) FAILURE TO MEET STANDARDS.—Peanuts section 358–1(d) of the Agricultural Adjust- (B) HANDLING AND STORAGE.— or peanut products that fail to meet stand- ment Act of 1938 (7 U.S.C. 1358–1(d)). (i) TEMPERATURE AND HUMIDITY.—The Sec- ards established under this paragraph shall (f) QUALITY IMPROVEMENT.— retary shall require all shelled peanuts sold be returned to the seller and exported or (1) IN GENERAL.— in the United States to be maintained at a crushed pursuant to section 358e(d) of the (A) PEANUTS UNDER LOAN.—With respect to temperature of not more than 37 degrees Agricultural Adjustment Act of 1938 (7 U.S.C. peanuts under loan, the Secretary shall— Fahrenheit and a humidity range of 60 to 68 1359a(d)). (i) promote the crushing of peanuts at a percent at all times during handling and (I) CHANGE OF VENUE.—In any case in which greater risk of deterioration before peanuts storage prior to sale and shipment. an area pool or a marketing association of a lesser risk of deterioration; (ii) CONTAINERS.—The peanuts shall be brings, joins, or seeks to join a civil action (ii) ensure that all Commodity Credit Cor- shipped in a container that provides the in a United States district court to enforce poration inventories of peanuts sold for do- maximum practicable protection against this paragraph, the district court may not mestic edible use must be shown to have moisture and insect infestation. transfer the action to any other district or been officially inspected by licensed Depart- (iii) IN-SHELL PEANUTS.—The Secretary division over the objection of the pool or ment inspectors both as farmer stock and shall require that all in-shell peanuts be re- marketing association. shelled or cleaned in-shell peanuts; duced to a moisture level not exceeding 10 (iii) continue to endeavor to operate the percent immediately on being harvested and (g) MARKETING ASSESSMENT.— peanut program so as to improve the quality be stored in a facility that will ensure qual- (1) IN GENERAL.—The Secretary shall pro- of domestic peanuts and ensure the coordina- ity maintenance and will provide proper ven- vide for a nonrefundable marketing assess- tion of activities under the Peanut Adminis- tilation at all times prior to sale and ship- ment. The assessment shall be made on a per trative Committee established under Mar- ment. pound basis in an amount equal to 1.1 per- keting Agreement No. 146, regulating the (C) LABELING.—The Secretary shall require cent for each of the 1994 and 1995 crops, 1.15 quality of domestically produced peanuts that all peanuts and peanut products sold in percent for the 1996 crop, and 1.2 percent for (under the Agricultural Adjustment Act (7 the United States contain labeling that lists each of the 1997 through 2002 crops, of the na- U.S.C. 601 et seq.), reenacted with amend- the country or countries in which the pea- tional average quota or additional peanut ments by the Agricultural Marketing Agree- nuts, including all peanuts used to manufac- loan rate for the applicable crop. ment Act of 1937); and ture the peanut products, were produced. (2) FIRST PURCHASERS.— (iv) ensure that any changes made in the (D) INSPECTION AND TESTING.— (A) IN GENERAL.—Except as provided under peanut program as a result of this subsection (i) IN GENERAL.—All peanuts and peanut paragraphs (3) and (4), the first purchaser of requiring additional production or handling products sold in the United States shall be peanuts shall— at the farm level shall be reflected as an up- inspected and tested for grade and quality. (i) collect from the producer a marketing ward adjustment in the Department loan (ii) CERTIFICATION.—All peanuts or peanut assessment equal to the quantity of peanuts schedule. products offered for sale in, or imported into, acquired multiplied by— (B) EXPORTS AND OTHER PEANUTS.—The the United States shall be accompanied by a (I) in the case of each of the 1994 and 1995 Secretary shall require that all peanuts in certification by the first seller or importer crops, .55 percent of the applicable national the domestic and export markets fully com- that the peanuts or peanut products do not average loan rate; S 954 CONGRESSIONAL RECORD — SENATE February 6, 1996

(II) in the case of the 1996 crop, .6 percent (I) by striking ‘‘each of the 1991 through (5) DISASTER TRANSFERS.—Section 358–1(b) of the applicable national average loan rate; 1997 marketing years’’ and inserting ‘‘each of the Act (7 U.S.C. 1358–1(b)), as amended by and marketing year’’; and paragraph (4)(A)(iii), is further amended by (III) in the case of each of the 1997 through (II) in clause (i), by inserting before the adding at the end the following: 2002 crops, .65 percent of the applicable na- semicolon the following: ‘‘, in the case of the ‘‘(8) DISASTER TRANSFERS.— tional average loan rate; 1991 through 1995 marketing years, and the ‘‘(A) IN GENERAL.—Except as provided in (ii) pay, in addition to the amount col- 1995 marketing year, in the case of the 1996 subparagraph (B), additional peanuts pro- lected under clause (i), a marketing assess- through 2002 marketing years’’; and duced on a farm from which the quota ment in an amount equal to the quantity of (v) in subsection (f), by striking ‘‘1997’’ and poundage was not harvested and marketed peanuts acquired multiplied by .55 percent of inserting ‘‘2002’’; because of drought, flood, or any other natu- the applicable national average loan rate; (B) in section 358b (7 U.S.C. 1358b)— ral disaster, or any other condition beyond and (i) in the section heading, by striking the control of the producer, may be trans- (iii) remit the amounts required under ‘‘1991 THROUGH 1995 CROPS OF’’; and ferred to the quota loan pool for pricing pur- clauses (i) and (ii) to the Commodity Credit (ii) in subsection (c), by striking ‘‘1995’’ poses on such basis as the Secretary shall by Corporation in a manner specified by the and inserting ‘‘2002’’; regulation provide. Secretary. (C) in section 358c(d) (7 U.S.C. 1358c(d)), by ‘‘(B) LIMITATION.—The poundage of peanuts striking ‘‘1995’’ and inserting ‘‘2002’’; and (B) IMPORTED PEANUTS.—In the case of im- transferred under subparagraph (A) shall not ported peanuts, the first purchaser shall pay (D) in section 358e (7 U.S.C. 1359a)— exceed the difference between— (i) in the section heading, by striking to the Commodity Credit Corporation, in a ‘‘(i) the total quantity of peanuts meeting ‘‘ manner specified by the Secretary, a mar- FOR 1991 THROUGH 1997 CROPS OF PEA- quality requirements for domestic edible NUTS’’; and keting assessment in an amount equal to the use, as determined by the Secretary, mar- (ii) in subsection (i), by striking ‘‘1997’’ and quantity of peanuts acquired multiplied by keted from the farm; and inserting ‘‘2002’’. 1.2 percent of the national average support ‘‘(ii) the total farm poundage quota, ex- (2) ELIMINATION OF QUOTA FLOOR.—Section rate for additional peanuts. cluding quota pounds transferred to the farm 358–1(a)(1) of the Act (7 U.S.C. 1358–1(a)(1)) is EFINITION OF FIRST PURCHASER.—In in the fall. (C) D amended by striking the second sentence. this subsection, the term ‘‘first purchaser’’ ‘‘(C) SUPPORT RATE.—Peanuts transferred (3) TEMPORARY QUOTA ALLOCATION.—Sec- under this paragraph shall be supported at 70 means a person acquiring peanuts from a tion 358–1 of the Act (7 U.S.C. 1358–1) is producer except that in the case of peanuts percent of the quota support rate for the amended— marketing years in which the transfers forfeited by a producer to the Commodity (A) in subsection (a)(1), by striking ‘‘do- Credit Corporation, the term means the per- occur. The transfers for a farm shall not ex- mestic edible, seed,’’ and inserting ‘‘domes- ceed 25 percent of the total farm quota son acquiring the peanuts from the Commod- tic edible use’’; ity Credit Corporation. pounds, excluding pounds transferred in the (B) in subsection (b)(2)— fall.’’. (3) OTHER PRIVATE MARKETINGS.—In the (i) in subparagraph (A), by striking ‘‘sub- (6) TRANSFERS OF FARM POUNDAGE case of a private marketing by a producer di- paragraph (B) and subject to’’; and rectly to a consumer through a retail or QUOTAS.—Section 358b(a) of the Agricultural (ii) by striking subparagraph (B) and in- Adjustment Act of 1938 (7 U.S.C. 1358b(a)) is wholesale outlet or in the case of a market- serting the following: amended by adding at the end the following: ing by the producer outside of the continen- ‘‘(B) TEMPORARY QUOTA ALLOCATION.— ‘‘(4) TRANSFERS BETWEEN STATES HAVING tal United States, the producer shall be re- ‘‘(i) ALLOCATION RELATED TO SEED PEA- QUOTAS OF LESS THAN 10,000 TONS.—Notwith- sponsible for the full amount of the assess- NUTS.—Temporary allocation of quota standing paragraphs (1) through (3), in the ment and shall remit the assessment by such pounds for the marketing year only in which case of any State for which the poundage time as is specified by the Secretary. the crop is planted shall be made to produc- quota allocated to the State was less than (4) LOAN PEANUTS.—In the case of peanuts ers for each of the 1996 through 2002 market- 10,000 tons for the crop of the preceding year, that are pledged as collateral for a loan ing years as provided in this subparagraph. 1 all or any part of a farm poundage quota up made under this section, ⁄2 of the assessment ‘‘(ii) QUANTITY.—The temporary quota allo- shall be deducted from the proceeds of the cation shall be equal to the pounds of seed to 1,000 tons may be transferred by sale or loan. The remainder of the assessment shall peanuts planted on the farm, as may be ad- lease from a farm in 1 such State to a farm be paid by the first purchaser of the peanuts. justed under regulations prescribed by the in another such State.’’. For purposes of computing net gains on pea- Secretary. nuts under this section, the reduction in ‘‘(iii) ADDITIONAL QUOTA.—The temporary AMENDMENT NO. 3345 loan proceeds shall be treated as having been allocation of quota pounds under this para- Strike the section relating to the peanut paid to the producer. graph shall be in addition to the farm pound- program and insert the following: (5) PENALTIES.—If any person fails to col- age quota otherwise established under this lect or remit the reduction required by this subsection and shall be credited, for the ap- SEC. 106. PEANUT PROGRAM. subsection or fails to comply with the re- plicable marketing year only, in total to the (a) QUOTA PEANUTS.— quirements for recordkeeping or otherwise as producer of the peanuts on the farm in a (1) AVAILABILITY OF LOANS.—The Secretary are required by the Secretary to carry out manner prescribed by the Secretary. shall make nonrecourse loans available to this subsection, the person shall be liable to ‘‘(iv) EFFECT OF OTHER REQUIREMENTS.— producers of quota peanuts. the Secretary for a civil penalty up to an Nothing in this section alters or changes the (2) LOAN RATE.—The national average amount determined by multiplying— requirements regarding the use of quota and quota loan rate for quota peanuts shall be (A) the quantity of peanuts involved in the additional peanuts established by section $678 per ton. violation; by 358e(b).’’; and (3) INSPECTION, HANDLING, OR STORAGE.— (B) the national average quota peanut rate (C) in subsection (e)(3), strike ‘‘and seed The loan amount may not be reduced by the for the applicable crop year. and use on a farm’’. Secretary by any deductions for inspection, (6) ENFORCEMENT.—The Secretary may en- (4) UNDERMARKETINGS.—Part VI of subtitle handling, or storage. force this subsection in the courts of the B of title III of the Act is amended— (4) LOCATION AND OTHER FACTORS.—The United States. (A) in section 358–1(b) (7 U.S.C. 1358–1(b))— Secretary may make adjustments in the loan (i) in paragraph (1)(B), by striking rate for quota peanuts for location of pea- (h) CROPS.—Subsections (a) through (f) ‘‘including—’’ and clauses (i) and (ii) and in- nuts and such other factors as are authorized shall be effective only for the 1996 through serting ‘‘including any increases resulting by section 411 of the Agricultural Adjust- 2002 crops of peanuts. from the allocation of quotas voluntarily re- ment Act of 1938. (i) MARKETING QUOTAS.— leased for 1 year under paragraph (7).’’; (b) ADDITIONAL PEANUTS.— (1) IN GENERAL.—Part VI of subtitle B of (ii) in paragraph (3)(B), by striking ‘‘in- (1) IN GENERAL.— title III of the Agricultural Adjustment Act clude—’’ and clauses (i) and (ii) and inserting (A) RATES.—Subject to subparagraph (B), of 1938 is amended— ‘‘include any increase resulting from the al- the Secretary shall make nonrecourse loans (A) in section 358–1 (7 U.S.C. 1358–1)— location of quotas voluntarily released for 1 available to producers of additional peanuts (i) in the section heading, by striking year under paragraph (7).’’; and at such rates as the Secretary finds appro- ‘‘1991 THROUGH 1997 CROPS OF’’; (iii) by striking paragraphs (8) and (9); and priate, taking into consideration the demand (ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A), (B) in section 358b(a) (7 U.S.C. 1358b(a))— for peanut oil and peanut meal, expected (b)(2)(C), and (b)(3)(A), by striking ‘‘of the (i) in paragraph (1), by striking ‘‘(including prices of other vegetable oils and protein 1991 through 1997 marketing years’’ each any applicable under marketings)’’ both meals, and the demand for peanuts in foreign place it appears and inserting ‘‘marketing places it appears; markets. year’’; (ii) in paragraph (1)(A), by striking ‘‘of (B) LIMITATION.—The Secretary shall set (iii) in subsection (a)(3), by striking ‘‘1990’’ undermarketings and’’; the support rate on additional peanuts at a and inserting ‘‘1990, for the 1991 through 1995 (iii) in paragraph (2), by striking ‘‘(includ- level estimated by the Secretary to ensure marketing years, and 1995, for the 1996 ing any applicable under marketings)’’; and that there are no losses to the Commodity through 2002 marketing years’’; (iv) in paragraph (3), by striking ‘‘(includ- Credit Corporation on the sale or disposal of (iv) in subsection (b)(1)(A)— ing any applicable undermarketings)’’. the peanuts. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 955

(2) ANNOUNCEMENT.—The Secretary shall (II) any amount allocated to offset any loss ments by the Agricultural Marketing Agree- announce the loan rate for additional pea- on the pool for quota peanuts. ment Act of 1937); and nuts of each crop not later than February 15 (d) LOSSES.—Losses in quota area pools (iv) ensure that any changes made in the preceding the marketing year for the crop shall be covered using the following sources peanut program as a result of this subsection for which the loan rate is being determined. in the following order of priority: requiring additional production or handling (c) AREA MARKETING ASSOCIATIONS.— (1) TRANSFERS FROM ADDITIONAL LOAN at the farm level shall be reflected as an up- (1) WAREHOUSE STORAGE LOANS.— POOLS.—The proceeds due any producer from ward adjustment in the Department loan (A) IN GENERAL.—In carrying out sub- any pool shall be reduced by the amount of schedule. sections (a) and (b), the Secretary shall any loss that is incurred with respect to pea- (B) EXPORTS AND OTHER PEANUTS.—The make warehouse storage loans available in nuts transferred from an additional loan pool Secretary shall require that all peanuts in each of the producing areas (described in sec- to a quota loan pool by the producer under the domestic and export markets fully com- tion 1446.95 of title 7 of the Code of Federal section 358–1(b)(8) of the Agricultural Adjust- ply with all quality standards under Market- Regulations (January 1, 1989)) to a des- ment Act of 1938 (7 U.S.C. 1358–1(b)(8)). ing Agreement No. 146. ignated area marketing association of pea- (2) OTHER PRODUCERS IN SAME POOL.—Fur- (2) PEANUT STANDARDS.— nut producers that is selected and approved ther losses in an area quota pool shall be off- (A) LABELING.—The Secretary shall require by the Secretary and that is operated pri- set by reducing the gain of any producer in that all peanuts and peanut products sold in marily for the purpose of conducting the the pool by the amount of pool gains attrib- the United States contain labeling that lists loan activities. The Secretary may not make uted to the same producer from the sale of the country or countries in which the pea- warehouse storage loans available to any co- additional peanuts for domestic and export nuts, including all peanuts used to manufac- operative that is engaged in operations or edible use. ture the peanut products, were produced. activities concerning peanuts other than (3) ADDITIONAL PEANUT GAINS.—Further (B) INSPECTION AND TESTING.— those operations and activities specified in losses in an area quota pool shall be offset by (i) IN GENERAL.—All peanuts and peanut this section and section 358e of the Agricul- gains or profits attributable to sales of addi- products sold in the United States shall be tural Adjustment Act of 1938 (7 U.S.C. 1359a). tional peanuts in that area for domestic edi- inspected and tested for grade and quality. (B) ADMINISTRATIVE AND SUPERVISORY AC- ble and other uses. (ii) CERTIFICATION.—All peanuts or peanut TIVITIES.—An area marketing association products offered for sale in, or imported into, (4) USE OF MARKETING ASSESSMENTS.—The shall be used in administrative and super- Secretary shall use funds collected under the United States shall be accompanied by a visory activities relating to loans and mar- subsection (g) to offset further losses in area certification by the first seller or importer keting activities under this section and sec- that the peanuts or peanut products do not quota pools. The Secretary shall transfer to tion 358e of the Agricultural Adjustment Act contain residues of any pesticide not ap- the Treasury those funds collected under of 1938 (7 U.S.C. 1359a). proved for use in, or importation into, the subsection (g) and available for use under (C) ASSOCIATION COSTS.—Loans made to the United States. this subsection that the Secretary deter- association under this paragraph shall in- (C) PEANUT CONTENT.— mines are not required to cover losses in clude such costs as the area marketing asso- (i) OFFSET AGAINST HTS QUANTITY.—The ac- area quota pools. ciation reasonably may incur in carrying out tual quantity of peanuts, by weight, used to (5) CROSS COMPLIANCE.—Further losses in the responsibilities, operations, and activi- manufacture, and ultimately contained in, area quota pools, other than losses incurred ties of the association under this section and peanut products imported into the United as a result of transfers from additional loan section 358e of the Agricultural Adjustment States shall be accounted for and offset Act of 1938 (7 U.S.C. 1359a). pools to quota loan pools under section 358– against the total quantity of peanut imports 1(b)(8) of the Agricultural Adjustment Act of (2) POOLS FOR QUOTA AND ADDITIONAL PEA- allowed under the in-quota quantity of the 1938 (7 U.S.C. 1358–1(b)(8)), shall be offset by NUTS.— tariff-rate quota established for peanuts (A) IN GENERAL.—The Secretary shall re- any gains or profits from pools in other pro- under the Harmonized Tariff Schedule of the quire that each area marketing association duction areas (other than separate type United States. pools established under subsection (c)(2)(A) establish pools and maintain complete and (ii) VERIFICATION.—The Secretary shall es- accurate records by area and segregation for for Valencia peanuts produced in New Mex- tablish standards and procedures for the pur- quota peanuts handled under loan and for ad- ico) in such manner as the Secretary shall by pose of verifying the actual peanut content ditional peanuts placed under loan, except regulation prescribe. of peanut products imported into the United that separate pools shall be established for (6) INCREASED ASSESSMENTS.—If use of the States. Valencia peanuts produced in New Mexico. authorities provided in the preceding para- (D) CHANGE OF VENUE.—In any case in (B) ELIGIBILITY TO PARTICIPATE.— graphs is not sufficient to cover losses in an which an area pool or a marketing associa- (i) IN GENERAL.—Except as provided in area quota pool, the Secretary shall increase tion brings, joins, or seeks to join a civil ac- clause (ii), in the case of the 1996 and subse- the marketing assessment established under tion in a United States district court to en- quent crops, Valencia peanuts not physically subsection (g) by such an amount as the Sec- force this paragraph, the district court may produced in the State of New Mexico shall retary considers necessary to cover the not transfer the action to any other district not be eligible to participate in the pools of losses. Amounts collected under subsection or division over the objection of the pool or the State. (g) as a result of the increased assessment marketing association. (ii) EXCEPTION.—A resident of the State of shall be retained by the Secretary to cover (g) MARKETING ASSESSMENT.— New Mexico may enter Valencia peanuts losses in that pool. (1) IN GENERAL.—The Secretary shall pro- that are produced outside of the State into (e) DISAPPROVAL OF QUOTAS.—Notwith- vide for a nonrefundable marketing assess- the pools of the State in a quantity that is standing any other provision of law, no loan ment. The assessment shall be made on a per not greater than the 1995 crop of the resi- for quota peanuts may be made available by pound basis in an amount equal to 1.1 per- dent. the Secretary for any crop of peanuts with cent for each of the 1994 and 1995 crops, 1.15 (C) TYPES OF PEANUTS.—Bright hull and respect to which poundage quotas have been percent for the 1996 crop, and 1.2 percent for dark hull Valencia peanuts shall be consid- disapproved by producers, as provided for in each of the 1997 through 2002 crops, of the na- ered as separate types for the purpose of es- section 358–1(d) of the Agricultural Adjust- tional average quota or additional peanut tablishing the pools. ment Act of 1938 (7 U.S.C. 1358–1(d)). loan rate for the applicable crop. (D) NET GAINS.—Net gains on peanuts in (f) QUALITY IMPROVEMENT.— (2) FIRST PURCHASERS.— each pool, unless otherwise approved by the (1) IN GENERAL.— (A) IN GENERAL.—Except as provided under Secretary, shall be distributed only to pro- (A) PEANUTS UNDER LOAN.—With respect to paragraphs (3) and (4), the first purchaser of ducers who placed peanuts in the pool and peanuts under loan, the Secretary shall— peanuts shall— shall be distributed in proportion to the (i) promote the crushing of peanuts at a (i) collect from the producer a marketing value of the peanuts placed in the pool by greater risk of deterioration before peanuts assessment equal to the quantity of peanuts each producer. Net gains for peanuts in each of a lesser risk of deterioration; acquired multiplied by— pool shall consist of the following: (ii) ensure that all Commodity Credit Cor- (I) in the case of each of the 1994 and 1995 (i) QUOTA PEANUTS.—For quota peanuts, poration inventories of peanuts sold for do- crops, .55 percent of the applicable national the sum of— mestic edible use must be shown to have average loan rate; (I) the net gains over and above the loan been officially inspected by licensed Depart- (II) in the case of the 1996 crop, .6 percent indebtedness and other costs or losses in- ment inspectors both as farmer stock and of the applicable national average loan rate; curred on peanuts placed in the pool; and shelled or cleaned in-shell peanuts; and (II) an amount from all additional pool (iii) continue to endeavor to operate the (III) in the case of each of the 1997 through gains equal to any loss on the disposition of peanut program so as to improve the quality 2002 crops, .65 percent of the applicable na- all peanuts in the pool for quota peanuts. of domestic peanuts and ensure the coordina- tional average loan rate; (ii) ADDITIONAL PEANUTS.—For additional tion of activities under the Peanut Adminis- (ii) pay, in addition to the amount col- peanuts, the difference between— trative Committee established under Mar- lected under clause (i), a marketing assess- (I) the net gains over and above the loan keting Agreement No. 146, regulating the ment in an amount equal to the quantity of indebtedness and other costs or losses in- quality of domestically produced peanuts peanuts acquired multiplied by .55 percent of curred on peanuts placed in the pool for addi- (under the Agricultural Adjustment Act (7 the applicable national average loan rate; tional peanuts; and U.S.C. 601 et seq.), reenacted with amend- and S 956 CONGRESSIONAL RECORD — SENATE February 6, 1996 (iii) remit the amounts required under (ii) in subsection (c), by striking ‘‘1995’’ poses on such basis as the Secretary shall by clauses (i) and (ii) to the Commodity Credit and inserting ‘‘2002’’; regulation provide. Corporation in a manner specified by the (C) in section 358c(d) (7 U.S.C. 1358c(d)), by ‘‘(B) LIMITATION.—The poundage of peanuts Secretary. striking ‘‘1995’’ and inserting ‘‘2002’’; and transferred under subparagraph (A) shall not (B) IMPORTED PEANUTS.—In the case of im- (D) in section 358e (7 U.S.C. 1359a)— exceed the difference between— ported peanuts, the first purchaser shall pay (i) in the section heading, by striking ‘‘(i) the total quantity of peanuts meeting to the Commodity Credit Corporation, in a ‘‘FOR 1991 THROUGH 1997 CROPS OF PEA- quality requirements for domestic edible manner specified by the Secretary, a mar- NUTS’’; and use, as determined by the Secretary, mar- keting assessment in an amount equal to the (ii) in subsection (i), by striking ‘‘1997’’ and keted from the farm; and quantity of peanuts acquired multiplied by inserting ‘‘2002’’. ‘‘(ii) the total farm poundage quota, ex- 1.2 percent of the national average support (2) ELIMINATION OF QUOTA FLOOR.—Section cluding quota pounds transferred to the farm rate for additional peanuts. 358–1(a)(1) of the Act (7 U.S.C. 1358–1(a)(1)) is in the fall. (C) DEFINITION OF FIRST PURCHASER.—In amended by striking the second sentence. ‘‘(C) SUPPORT RATE.—Peanuts transferred this subsection, the term ‘‘first purchaser’’ (3) TEMPORARY QUOTA ALLOCATION.—Sec- under this paragraph shall be supported at 70 means a person acquiring peanuts from a tion 358–1 of the Act (7 U.S.C. 1358–1) is percent of the quota support rate for the producer except that in the case of peanuts amended— marketing years in which the transfers forfeited by a producer to the Commodity (A) in subsection (a)(1), by striking ‘‘do- occur. The transfers for a farm shall not ex- Credit Corporation, the term means the per- mestic edible, seed,’’ and inserting ‘‘domes- ceed 25 percent of the total farm quota son acquiring the peanuts from the Commod- tic edible use’’; pounds, excluding pounds transferred in the ity Credit Corporation. (B) in subsection (b)(2)— fall.’’. (3) OTHER PRIVATE MARKETINGS.—In the (i) in subparagraph (A), by striking ‘‘sub- (6) TRANSFERS OF FARM POUNDAGE case of a private marketing by a producer di- paragraph (B) and subject to’’; and QUOTAS.—Section 358b(a) of the Agricultural rectly to a consumer through a retail or (ii) by striking subparagraph (B) and in- Adjustment Act of 1938 (7 U.S.C. 1358b(a)) is wholesale outlet or in the case of a market- serting the following: amended by adding at the end the following: ing by the producer outside of the continen- ‘‘(B) TEMPORARY QUOTA ALLOCATION.— ‘‘(4) TRANSFERS BETWEEN STATES HAVING tal United States, the producer shall be re- ‘‘(i) ALLOCATION RELATED TO SEED PEA- QUOTAS OF LESS THAN 10,000 TONS.—Notwith- sponsible for the full amount of the assess- NUTS.—Temporary allocation of quota standing paragraphs (1) through (3), in the ment and shall remit the assessment by such pounds for the marketing year only in which case of any State for which the poundage time as is specified by the Secretary. the crop is planted shall be made to produc- quota allocated to the State was less than (4) LOAN PEANUTS.—In the case of peanuts ers for each of the 1996 through 2002 market- 10,000 tons for the crop of the preceding year, that are pledged as collateral for a loan ing years as provided in this subparagraph. all or any part of a farm poundage quota up ‘‘(ii) QUANTITY.—The temporary quota allo- made under this section, 1⁄2 of the assessment to 1,000 tons may be transferred by sale or shall be deducted from the proceeds of the cation shall be equal to the pounds of seed lease from a farm in 1 such State to a farm loan. The remainder of the assessment shall peanuts planted on the farm, as may be ad- in another such State.’’. be paid by the first purchaser of the peanuts. justed under regulations prescribed by the Secretary. For purposes of computing net gains on pea- ‘‘(iii) ADDITIONAL QUOTA.—The temporary DASCHLE AMENDMENT NO. 3346 nuts under this section, the reduction in allocation of quota pounds under this para- loan proceeds shall be treated as having been (Ordered to lie on the table.) graph shall be in addition to the farm pound- paid to the producer. Mr. DASCHLE submitted an amend- age quota otherwise established under this (5) PENALTIES.—If any person fails to col- ment intended to be proposed by him subsection and shall be credited, for the ap- lect or remit the reduction required by this plicable marketing year only, in total to the to an amendment submitted by Mr. subsection or fails to comply with the re- producer of the peanuts on the farm in a LEAHY to the bill S. 1541, supra; as fol- quirements for recordkeeping or otherwise as manner prescribed by the Secretary. lows: are required by the Secretary to carry out ‘‘(iv) EFFECT OF OTHER REQUIREMENTS.— Title V is amended by adding at the end this subsection, the person shall be liable to Nothing in this section alters or changes the the Secretary for a civil penalty up to an the following: requirements regarding the use of quota and ‘‘SEC. 507 FUND FOR RURAL AMERICA. amount determined by multiplying— additional peanuts established by section (A) the quantity of peanuts involved in the ‘‘(a) IN GENERAL.—The Secretary shall cre- 358e(b).’’; and ate an account called the Fund for Rural violation; by (C) in subsection (e)(3), strike ‘‘and seed (B) the national average quota peanut rate America for the purposes of providing funds and use on a farm’’. of activities described in subsection (c). for the applicable crop year. (4) UNDERMARKETINGS.—Part VI of subtitle (6) ENFORCEMENT.—The Secretary may en- ‘‘(b) COMMODITY CREDIT CORPORATION.—In B of title III of the Act is amended— each of the 1996 through 1998 fiscal years, the force this subsection in the courts of the (A) in section 358–1(b) (7 U.S.C. 1358–1(b))— United States. Secretary shall transfer into the Fund for (i) in paragraph (1)(B), by striking Rural America (hereafter referred to as the (h) CROPS.—Subsections (a) through (f) ‘‘including—’’ and clauses (i) and (ii) and in- shall be effective only for the 1996 through ‘‘Account’’)— serting ‘‘including any increases resulting ‘‘(1) $50,000,000 for the 1996 fiscal year; 2002 crops of peanuts. from the allocation of quotas voluntarily re- ‘‘(2) $100,000,000 for the 1997 fiscal year; and (i) MARKETING QUOTAS.— leased for 1 year under paragraph (7).’’; ‘‘(3) $150,000,000 for the 1998 fiscal year. (1) IN GENERAL.—Part VI of subtitle B of (ii) in paragraph (3)(B), by striking ‘‘in- ‘‘(c) PURPOSES.—Except as provided in sub- title III of the Agricultural Adjustment Act clude—’’ and clauses (i) and (ii) and inserting section (d), the Secretary shall provide not of 1938 is amended— ‘‘include any increase resulting from the al- more than one-third of the funds from the (A) in section 358–1 (7 U.S.C. 1358–1)— location of quotas voluntarily released for 1 Account for activities described in paragraph (i) in the section heading, by striking year under paragraph (7).’’; and (2). ‘‘1991 THROUGH 1997 CROPS OF’’; (iii) by striking paragraphs (8) and (9); and ‘‘(1) RURAL DEVELOPMENT ACTIVITIES.—The (ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A), (B) in section 358b(a) (7 U.S.C. 1358b(a))— Secretary may use the funds in the Account (b)(2)(C), and (b)(3)(A), by striking ‘‘of the (i) in paragraph (1), by striking ‘‘(including for the following rural development activi- 1991 through 1997 marketing years’’ each any applicable under marketings)’’ both ties authorized in: place it appears and inserting ‘‘marketing places it appears; ‘‘(A) The Housing Act of 1949 for— year’’; (ii) in paragraph (1)(A), by striking ‘‘of ‘‘(i) direct loans to low income borrowers (iii) in subsection (a)(3), by striking ‘‘1990’’ undermarketings and’’; pursuant to section 502; and inserting ‘‘1990, for the 1991 through 1995 (iii) in paragraph (2), by striking ‘‘(includ- ‘‘(ii) loans for financial assistance for hous- marketing years, and 1995, for the 1996 ing any applicable under marketings)’’; and ing for domestic farm laborers pursuant to through 2002 marketing years’’; (iv) in paragraph (3), by striking ‘‘(includ- section 514; (iv) in subsection (b)(1)(A)— ing any applicable undermarketings)’’. ‘‘(iii) financial assistance for housing of (I) by striking ‘‘each of the 1991 through (5) DISASTER TRANSFERS.—Section 358–1(b) domestic farm labor pursuant to section 516; 1997 marketing years’’ and inserting ‘‘each of the Act (7 U.S.C. 1358–1(b)), as amended by ‘‘(iv) grants and contracts for mutual and marketing year’’; and paragraph (4)(A)(iii), is further amended by self help housing pursuant to section (II) in clause (i), by inserting before the adding at the end the following: 523(b)(1)(A); and semicolon the following: ‘‘, in the case of the ‘‘(8) DISASTER TRANSFERS.— ‘‘(v) grants for Rural Housing Preservation 1991 through 1995 marketing years, and the ‘‘(A) IN GENERAL.—Except as provided in pursuant to section 533; 1995 marketing year, in the case of the 1996 subparagraph (B), additional peanuts pro- ‘‘(B) The Food Security Act of 1985 for through 2002 marketing years’’; and duced on a farm from which the quota loans to intermediary borrowers under the (v) in subsection (f), by striking ‘‘1997’’ and poundage was not harvested and marketed Rural Development Loan Fund; inserting ‘‘2002’’; because of drought, flood, or any other natu- ‘‘(C) Consolidated Farm and Rural Devel- (B) in section 358b (7 U.S.C. 1358b)— ral disaster, or any other condition beyond opment Act for— (i) in the section heading, by striking the control of the producer, may be trans- ‘‘(i) grants for Rural Business Enterprises ‘‘1991 THROUGH 1995 CROPS OF’’; and ferred to the quota loan pool for pricing pur- pursuant to section 310B(c) and (j); February 6, 1996 CONGRESSIONAL RECORD — SENATE S 957 ‘‘(ii) direct loans, loan guarantees and ‘‘(bb) in excess of ten percent of the annual loan for each of sunflower seed, canola, grants for water and waste water projects allocation for commodity-specific projects rapseed, safflower, mustard seed, and pursuant to section 306; and not of the national scope. flaxseed, shall be— ‘‘(iii) down payments assistance to farm- ‘‘(d) LIMITATIONS.—No funds from the Fund ‘‘(i) not less than 85 percent of the simple ers, section 310E; for Rural America may be used for an activ- average price received by producers of sun- ‘‘(D) grants for outreach to socially dis- ity specified in subsection (c) if the current flower seed, as determined by the Secretary, advantaged farmers and ranchers pursuant level of appropriations for the activity is less during 3 years of the 5 previous marketing to section 2501 of the Food, Agriculture, Con- than 90 percent of the 1996 fiscal year appro- years, excluding the year in which the aver- servation, and Trade Act of 1990 (7 U.S.C. priations for the activity adjusted for infla- age price was the highest and the year in 2279); and tion.’’ which the average price was the lowest in ‘‘(E) grants pursuant to section 204(6) of the period; but the Agricultural Marketing Act of 1946. DASCHLE AMENDMENT NO. 3347 (ii) not less than $0.087 or more than $0.093 ‘‘(2) RESEARCH.— per pound. ‘‘(A) IN GENERAL.—The Secretary may use (Ordered to lie on the table.) (C) OTHER OILSEEDS.—The loan rates for the funds in the Account for research grants Mr. DASCHLE submitted an amend- marketing assistance loan for other oilseeds to increase the competitiveness and farm ment intended to be proposed by him shall be established at such level as the Sec- profitability, protect and enhance natural to the bill S. 1541, supra; as follows: retary determines is fair and reasonable in resources, increase economic opportunities relation to the loan rate available for soy- Section 314 is amended by striking ‘‘(ii) in farming and rural communities and ex- beans, except in no event shall the rate for 10,000 beef cattle’’ and all that follows pand locally owned value added processing the oilseeds (other than cottonseed) be less through ‘‘swine,’’ and inserting the follow- and marketing operations. than the rate established for soybeans on a ing: ‘‘(B) ELIGIBLE GRANTEE.—The Secretary per-pound basis for the same crop.’’ ‘‘(ii) 1,000 beef cattle; may make a grant under this paragraph to— (2) in subsection (c) by striking the last ‘‘(iii) 30,000 laying hens or broilers (if the ‘‘(i) a college or university; sentence and inserting the following: facility has continuous overflow watering); ‘‘(ii) a State agricultural experiment sta- ‘‘The Secretary may extend the term of a ‘‘(iv) 100,000 laying hens or broilers (if the tion; marketing assistance loan for upland cotton facility has a liquid manure system); ‘‘(iii) a State Cooperative Extension Serv- for a period not to exceed 8 months. ‘‘(v) 2,500 swine;’’. ice; (c) COMMODITY CREDIT CORPORATION.— ‘‘(iv) a research institution or organiza- (1) Section 109 is amended by striking sub- tion; DASCHLE AMENDMENTS NOS. 3348– section (a)(2). ‘‘(v) a private organization or person; or 3349 (2) Title V is amended by striking section ‘‘(vi) a Federal agency. (Ordered to lie on the table.) 505. ‘‘(C) USE OF GRANT.— (d) PERMANENT LAW FOR RICE AND THE Mr. DASCHLE submitted two amend- ‘‘(i) IN GENERAL.—A grant made under this FARMER OWNED RESERVE.—Section 110 is paragraph may be used by a grantee for 1 or ments intended to be proposed by him amended— more of the following uses: to an amendment submitted by Mr. (1) in subsection (b)(1)— ‘‘(I) research, ranging from discovery to LEAHY to the bill S. 1541, supra; as fol- (i) in subparagraph (B)— principles of application; lows: (I) by inserting ‘‘101B, 110,’’ after ‘‘sec- ‘‘(II) extension and related private-sector tions’’; and AMENDMENT NO. 3348 activities; and (II) by striking ‘‘and 307’’ and inserting ‘‘(III) education. (a) Section 103(a)(3) is amended by adding ‘‘307, 308, and 309’’; and ‘‘(ii) LIMITATION.—No grant shall be made at the end the following: (ii) by adding to end the following: for any project, determined by the Sec- ‘‘In the case of a landlord and tenant that (D) by transfering Title VI (7 U.S.C. 1421 retary, to be eligible for funding under re- both share in risk of production of the crops note et seq.) to appear after section 309 of search and commodity promotion programs on the farm, the Secretary shall ensure that the Agricultural Adjustment Act of 1938 (7 administered by the Department. the contract payments authorized by this U.S.C. 1309) and redesignating the trans- ‘‘(D) ADMINISTRATION.— section are divided in manner consistent ferred title as section 310. ‘‘(i) PRIORITY.—In administering this para- with the interests the landlord and tenant (2) in subsection (c) by adding at the end graph, the Secretary shall— have in the crops on the farm. the following: ‘‘(I) establish priorities for allocating (b) Section 104 is amended— (3) Section 305 (as redesignated) is amended grants, based on needs and opportunities of (1) in subsection (b)— in subsection (n) by striking ‘‘only for the the food and agriculture system in the Unit- (A) in paragraph (1)— 1991 through 1995 crops of rice’’ and inserting ed States related to the goals of the para- (i) in subparagraph (A) by— ‘‘2003 and subsequent crops of rice and in the graph; (I) striking ‘‘shall be-(i)’’ and inserting same manner as the 1995 crop of rice.’’. ‘‘(II) seek and accept proposals for grants; ‘‘shall be not’’; and (II) striking (ii); ‘‘(III) determine the relevance and merit of AMENDMENT NO. 3349 proposals through a system of peer and (ii) by striking subparaphs (B) and (C); Strike all after the enacting clause and in- stakeholder review; and (B) in paragraph (2)— ‘‘(IV) award grants on the basis of merit, (i) in subparagraph (A) by— sert the following: quality, and relevance to advancing the na- (I) striking ‘‘shall be- (i)’’ and inserting SEC. 101. SHORT TITLE. tional research and extension purposes. ‘‘shall be not’’; and This Act may be cited as the ‘‘Agricultural ‘‘(ii) COMPETITIVE AWARDING.—A grant (II) striking (ii); Act of 1996’’. under this paragraph shall be awarded on a (ii) by striking subparagraphs (B) and (C); SEC. 102. AUTHORITY FOR 1996 AGRICULTURAL competitive basis. (C) in paragraph (3) b striking subpara- PROGRAMS. ‘‘(iii) TERMS.—A grant under this para- graph (B); (A) IN GENERAL.—Notwithstanding any graph shall have a term that does not exceed (D) in paragraph (4)(A) by— other provisions of law except as provided in 5 years. (i) striking ‘‘shall be- (i)’’ and inserting this Act and the amendments made by this ‘‘(iv) MATCHING FUNDS.—As a condition of ‘‘shall be not’’; and Act, the provisions of the Agricultural Ad- receipts under this paragraph, the Secretary (ii) striking (ii); justment of 1938 (7 U.S.C. 1281 et seq.), the shall require the funding of the grant with (E) by striking paragraph (6) and inserting Agriculture Act of 1949 (7 U.S.C. 1421 et seq.) equal matching funds from a non-Federal the following: the Food Security Act of 1985 (Public Law source if the grant is— ‘‘(6) OILSEEDS.— 99–198), and the Food, Agriculture, Conserva- ‘‘(I) for applied research that is commod- ‘‘(A) SOYBEANS.—The loan rate for a mar- tion and Trade Act of 1990 (Public Law 101– ity-specific; and keting assistance loan for soybeans, shall 624) and each program that was authorized or ‘‘(II) not of national scope. be— reauthorized by any of the Acts, that were ‘‘(v) ADMINISTRATIVE COSTS.— ‘‘(i) not less than 85 percent of the simple applicable on September 30, 1995, shall be ap- ‘‘(I) IN GENERAL.—The Secretary may use average price received by producers of soy- plicable for 1996. not more than 4 percent of the funds made beans, as determined by the Secretary, dur- (b) FLEXIBILITY.—Amend section 504 of the available under this paragraph for adminis- ing 3 years of the 5 previous marketing Agricultural Act of 1949 (7 U.S.C. 1464) by— trative costs incurred by the Secretary in years, excluding the year in which the aver- (1) Striking subsections (c), (d), and (e) and carrying out this paragraph. age price was the highest and the year in inserting the following: ‘‘(II) LIMITATION.—Funds made available which the average price was the lowest in ‘‘(c) NON-PAYMENT ACRES.—In the case of under this paragraph shall not be used— the period; but the 1996 crops, any crop or conserving crop ‘‘(aa) for the construction of a new build- ‘‘(ii) not less than $4.92 or more than $5.26 specified in subsection (b)(1) may be planted ing or the acquisition, expansion, remodel- per bushel. on the acres of a crop acreage base that is ing, or alteration of an existing building (in- ‘‘(B) SUNFLOWER SEED, CANOLA, RAPESEED, not eligible for payment under this Act. cluding site grading and improvement and SAFFLOWER, MUSTARD SEED, AND FLAX SEED.— ‘‘(d) LOAN ELIGIBILITY.—In the case of the architect fees); or The loan rate for a marketing assistance 1996 crops, producers on a farm with crop S 958 CONGRESSIONAL RECORD — SENATE February 6, 1996 acreage base may plant any program crop on (IV) a research institution or organization; this Act, the Secretary shall offer to enter the crop acreage base and shall be eligible to (V) a private organization or person; or into a contract with an eligible owner or op- receive purchases, loans, and the deficiency (VI) a Federal agency. erator described in paragraph (2) on a farm payments for the program crop.’’ (iii) USE OF GRANT.— containing eligible farmland. Under the (c) 1996 CROP ADVANCED DEFICIENCY PAY- (I) IN GENERAL.—A grant made under this terms of a contract, the owner or operator MENTS.— paragraph may be used by a grantee for 1 or shall agree, in exchange for annual contract (1) IN GENERAL.—The Secretary shall issue more of the following uses: payments, to comply with— nonrefundable advanced deficiency payments (aa) research, ranging from discovery to (A) the conservation plan for the farm pre- for the 1996 crops of wheat, feed grains, up- principles of application; pared in accordance with section 1212 of the land cotton, and rice to producers who par- (bb) extension and related private-sector Food Security Act of 1985 (16 U.S.C. 3812); ticipate in price support programs author- activities; and (B) wetland protection requirements appli- ized in section 102. (cc) education. cable to the farm under subtitle C of title (2) FORMULA.—The advanced deficiency (II) LIMITATION.—No grant shall be made XII of the Act (16 U.S.C. 3821 et seq.); and payment rate for wheat, feed grains, upland for any project, determined by the Sec- (C) the planting flexibility requirements of cotton, and rice shall be 40 percent of the av- retary, to be eligible for funding under re- subsection (j). erage deficiency payments for the 1990 search and commodity promotion programs (2) ELIGIBLE OWNERS AND OPERATORS DE- through 1994 crops. administered by the Department. SCRIBED.—The following persons shall be con- SEC. 104. MISCELLANEOUS PROVISIONS. (iv) ADMINISTRATION.— sidered to be an owner or operator eligible to (a) FUND FOR RURAL AMERICA.— (I) PRIORITY.—In administering this para- enter into a contract: (1) IN GENERAL.—The Secretary shall create graph, the Secretary shall— (A) An owner of eligible farmland who as- an account called the Fund for Rural Amer- (aa) establish priorities for allocating sumes all of the risk of producing a crop. ica for the purposes of providing funds for ac- grants, based on needs and opportunities of (B) An owner of eligible farmland who tivities described in paragraph (3). the food and agriculture system in the Unit- shares in the risk of producing a crop. (2) COMMODITY CREDIT CORPORATION.—In ed States related to the goals of the para- (C) An operator of eligible farmland with a each of the 1996 through 1998 fiscal years, the graph; share-rent lease of the eligible farmland, re- Secretary shall transfer into the Fund for (bb) seek and accept proposals for grants; gardless of the length of the lease, if the Rural America (hereafter referred to as the (cc) determine the relevance and merit of owner enters into the same contract. ‘‘Account’’)— proposals through a system of peer and (D) An operator of eligible farmland who (A) $50,000,000 for the 1996 fiscal year; stakeholder review; and cash rents the eligible farmland under a (B) $100,000,000 for the 1997 fiscal year; and (dd) award grants on the basis of merit, lease expiring on or after September 30, 2002, (C) $150,000,000 for the 1998 fiscal year. quality, and relevance to advancing the na- in which case the consent of the owner is not (3) PURPOSES.—Except as provided in para- tional research and extension purposes. required. graph (4), the Secretary shall provide not (II) COMPETITIVE AWARDING.—A grant under (E) An operator of eligible farmland who more than one-third of the funds from the this paragraph shall be awarded on a com- cash rents the eligible farmland under a Account for activities described in subpara- petitive basis. lease expiring before September 30, 2002, if graph (B). (III) TERMS.—A grant under this paragraph the owner consents to the contract. (A) RURAL DEVELOPMENT ACTIVITIES.—The shall have a term that does not exceed 5 (F) An owner of eligible farmland who cash Secretary may use the funds in the Account years. rents the eligible farmland and the lease for the following rural development activi- (IV) MATCHING FUNDS.—As a condition of term expires before September 30, 2002, but ties authorized in: receipts under this paragraph, the Secretary only if the actual operator of the farm de- (i) The Housing Act of 1949 for— shall require the funding of the grant with clines to enter into a contract. In the case of (I) direct loans to low income borrowers equal matching funds from a non-Federal an owner covered by this subparagraph, con- pursuant to section 502; source if the grant is— tract payments shall not begin under a con- (II) loans for financial assistance for hous- (aa) for applied research that is commod- tract until the fiscal year following the fis- ing for domestic farm laborers pursuant to ity-specific; and cal year in which the lease held by the section 514; (cc) not of national scope. nonparticipating operator expires. (III) financial assistance for housing of do- (V) ADMINISTRATIVE COSTS.— (G) An owner or operator described in a mestic farm labor pursuant to section 516; (aa) IN GENERAL.—The Secretary may use preceding subparagraph regardless of wheth- (IV) grants and contracts for mutual and not more than 4 percent of the funds made er the owner or operator purchased cata- self help housing pursuant to section available under this paragraph for adminis- strophic risk protection for a fall-planted 523(b)(1)(A); and trative costs incurred by the Secretary in 1996 crop under section 508(b) of the Federal (V) grants for Rural Housing Preservation carrying out this paragraph. Crop Insurance Act (7 U.S.C. 1508(b)). pursuant to section 533; (bb) LIMITATION.—Funds made available (3) TENANTS AND SHARECROPPERS.—In car- (ii) The Food Security Act of 1985 for loans under this paragraph shall not be used— rying out this section, the Secretary shall to intermediary borrowers under the Rural (AA) for the construction of a new building provide adequate safeguards to protect the Development Loan Fund; or the acquisition, expansion, remodeling, or interests of operators who are tenants and (iii) Consolidated Farm and Rural Develop- alteration of an existing building (including sharecroppers. ment Act for— site grading and improvement and architect (I) grants for Rural Enterprises pursuant (b) ELEMENTS.— fees); or to section 310B (c) and (j); (1) TIME FOR CONTRACTING.— (BB) in excess of ten percent of the annual (II) direct loans, loan guarantees and (A) DEADLINE.—Except as provided in sub- allocation for commodity-specific projects grants for water and waste water projects paragraph (B), the Secretary may not enter not of the national scope. pursuant to section 306; and into a contract after April 15, 1996. (4) LIMITATIONS.—No funds from the Fund (III) down payments assistance to farmers, (B) CONSERVATION RESERVE LANDS.— for Rural America may be used for an activ- section 310E; and (i) IN GENERAL.—At the beginning of each (iv) grants for outreach to socially dis- ity specified in subsection (c) if the current fiscal year, the Secretary shall allow an eli- advantaged farmers and ranchers pursuant level of appropriations for the activity is less gible owner or operator on a farm covered by to section 2501 of the Food, Agriculture, Con- than 90 percent of the 1996 fiscal year appro- a conservation reserve contract entered into servation, and Trade Act of 1990 (7 U.S.C. priations for the activity adjusted for infla- under section 1231 of the Food Security Act 2279); and tion. of 1985 (16 U.S.C. 3831) that terminates after (v) grants pursuant to section 204(6) of the the date specified in subparagraph (A) to Agricultural Marketing Act of 1946. GRASSLEY (AND COCHRAN) enter into or expand a production flexibility (B) RESEARCH.— AMENDMENT NO. 3350 contract to cover the contract acreage of the (i) IN GENERAL.—The Secretary may use farm that was subject to the former con- the funds in the Account for research grants (Ordered to lie on the table.) servation reserve contract. to increase the competitiveness and farm Mr. GRASSLEY (for himself and Mr. (ii) AMOUNT.—Contract payments made for profitability, protect and enhance natural COCHRAN) submitted an amendment in- contract acreage under this subparagraph resources, increase economic opportunities tended to be proposed by them to shall be made at the rate and amount appli- in farming and rural communities and ex- amendment No. 3184 proposed by Mr. cable to the annual contract payment level pand locally owned value added processing LEAHY to the bill S. 1541, supra; as fol- for the applicable crop. and marketing operations. lows: (2) DURATION OF CONTRACT.— (ii) ELIGIBLE GRANTEE.—The Secretary may (A) BEGINNING DATE.—A contract shall make a grant under this paragraph to— Strike sections 103 through 107 and insert begin with— (I) a college or university; the following: (i) the 1996 crop of a contract commodity; (II) a State agricultural experiment sta- SEC. 103. PRODUCTION FLEXIBILITY CONTRACTS. or tion; (a) CONTRACTS AUTHORIZED.— (ii) in the case of acreage that was subject (III) a State Cooperative Extension Serv- (1) OFFER AND TERMS.—Beginning as soon to a conservation reserve contract described ice; as practicable after the date of enactment of in paragraph (1)(B), the date the production February 6, 1996 CONGRESSIONAL RECORD — SENATE S 959 flexibility contract was entered into or ex- amendment made by section 110(b)(2)) for the feit all rights to receive future contract pay- panded to cover the acreage. commodity; ments on each farm in which the owner or (B) ENDING DATE.—A contract shall extend (C) to the maximum extent practicable, operator has an interest and shall refund to through the 2002 crop. adding an amount equal to the sum of all the Secretary all contract payments re- (3) ESTIMATION OF CONTRACT PAYMENTS.—At contract payments withheld by the Sec- ceived by the owner or operator during the the time the Secretary enters into a con- retary, at the request of an owner or opera- period of the violation, together with inter- tract, the Secretary shall provide an esti- tor subject to a contract, as an offset against est on the contract payments as determined mate of the minimum contract payments an- repayments of deficiency payments other- by the Secretary. ticipated to be made during at least the first wise required under section 114(a)(2) of the (2) REFUND OR ADJUSTMENT.—If the Sec- fiscal year for which contract payments will Act (as so in effect) for the commodity; and retary determines that a violation does not be made. (D) adding an amount equal to the sum of warrant termination of the contract under (c) ELIGIBLE FARMLAND DESCRIBED.—Land all refunds of contract payments received paragraph (1), the Secretary may require the shall be considered to be farmland eligible during the preceding fiscal year under sub- owner or operator subject to the contract— for coverage under a contract only if the section (h) for the commodity. (A) to refund to the Secretary that part of land has contract acreage attributable to the (4) ADDITIONAL RICE ALLOCATION.—In addi- the contract payments received by the owner land and— tion to the allocations provided under para- or operator during the period of the viola- (1) for at least 1 of the 1991 through 1995 graphs (1), (2), and (3), the amounts made tion, together with interest on the contract crops, at least a portion of the land was en- available for rice contract payments shall be payments as determined by the Secretary; or rolled in the acreage reduction program au- increased by $17,000,000,000 for each of fiscal (B) to accept a reduction in the amount of thorized for a crop of a contract commodity years 1997 through 2002. future contract payments that is propor- under section 101B, 103B, 105B, or 107B of the (f) DETERMINATION OF CONTRACT PAY- tionate to the severity of the violation, as Agricultural Act of 1949 (as in effect prior to MENTS.— determined by the Secretary. the amendment made by section 110(b)(2)) or (1) INDIVIDUAL PAYMENT QUANTITY OF CON- (3) FORECLOSURE.—An owner or operator was considered planted; TRACT COMMODITIES.—For each contract, the subject to a contract may not be required to (2) was subject to a conservation reserve payment quantity of a contract commodity make repayments to the Secretary of contract under section 1231 of the Food Secu- for each fiscal year shall be equal to the amounts received under the contract if the rity Act of 1985 (16 U.S.C. 3831) whose term product of— contract acreage has been foreclosed on and expired, or was voluntarily terminated, on or (A) 85 percent of the contract acreage; and the Secretary determines that forgiving the after January 1, 1995; or (B) the farm program payment yield. repayments is appropriate in order to pro- (3) is released from coverage under a con- (2) ANNUAL PAYMENT QUANTITY OF CONTRACT vide fair and equitable treatment. This para- servation reserve contract by the Secretary COMMODITIES.—The payment quantity of each graph shall not void the responsibilities of during the period beginning on January 1, contract commodity covered by all contracts such an owner or operator under the con- 1995, and ending on the date specified in sub- for each fiscal year shall equal the sum of tract if the owner or operator continues or section (b)(1)(A). the amounts calculated under paragraph (1) resumes operation, or control, of the con- (d) TIME FOR PAYMENT.— for each individual contract. tract acreage. On the resumption of oper- (1) IN GENERAL.—An annual contract pay- (3) ANNUAL PAYMENT RATE.—The payment ation or control over the contract acreage by ment shall be made not later than Septem- rate for a contract commodity for each fiscal the owner or operator, the provisions of the ber 30 of each of fiscal years 1996 through year shall be equal to— contract in effect on the date of the fore- 2002. (A) the amount made available under sub- closure shall apply. (2) ADVANCE PAYMENTS.— section (e) for the contract commodity for (4) REVIEW.—A determination of the Sec- (A) FISCAL YEAR 1996.—At the option of the the fiscal year; divided by retary under this subsection shall be consid- owner or operator, 50 percent of the contract (B) the amount determined under para- ered to be an adverse decision for purposes of payment for fiscal year 1996 shall be made graph (2) for the fiscal year. the availability of administrative review of not later than June 15, 1996. (4) ANNUAL PAYMENT AMOUNT.—The amount the determination. (B) SUBSEQUENT FISCAL YEARS.—At the op- to be paid under a contract in effect for each (i) TRANSFER OF INTEREST IN LANDS SUB- tion of the owner or operator for fiscal year fiscal year with respect to a contract com- JECT TO CONTRACT.— 1997 and each subsequent fiscal year, 50 per- modity shall be equal to the product of— (1) EFFECT OF TRANSFER.—Except as pro- cent of the annual contract payment shall be (A) the payment quantity determined vided in paragraph (2), the transfer by an made on December 15. under paragraph (1) with respect to the con- owner or operator subject to a contract of (e) AMOUNTS AVAILABLE FOR CONTRACT tract; and the right and interest of the owner or opera- PAYMENTS FOR EACH FISCAL YEAR.— (B) the payment rate in effect under para- tor in the contract acreage shall result in (1) IN GENERAL.—The Secretary shall, to graph (3). the termination of the contract with respect the maximum extent practicable, expend on (5) ASSIGNMENT OF CONTRACT PAYMENTS.— to the acreage, effective on the date of the a fiscal year basis the following amounts to The provisions of section 8(g) of the Soil transfer, unless the transferee of the acreage satisfy the obligations of the Secretary Conservation and Domestic Allotment Act agrees with the Secretary to assume all obli- under all contracts: (16 U.S.C. 590h(g)) (relating to assignment of gations of the contract. At the request of the (A) For fiscal year 1996, $5,570,000,000. payments) shall apply to contract payments transferee, the Secretary may modify the (B) For fiscal year 1997, $5,385,000,000. under this subsection. The owner or operator contract if the modifications are consistent (C) For fiscal year 1998, $5,800,000,000. making the assignment, or the assignee, with the objectives of this section as deter- (D) For fiscal year 1999, $5,603,000,000. shall provide the Secretary with notice, in mined by the Secretary. (E) For fiscal year 2000, $5,130,000,000. such manner as the Secretary may require in (2) EXCEPTION.—If an owner or operator (F) For fiscal year 2001, $4,130,000,000. the contract, of any assignment made under who is entitled to a contract payment dies, (G) For fiscal year 2002, $4,008,000,000. this paragraph. becomes incompetent, or is otherwise unable (2) ALLOCATION.—The amount made avail- (6) SHARING OF CONTRACT PAYMENTS.—The to receive the contract payment, the Sec- able for a fiscal year under paragraph (1) Secretary shall provide for the sharing of retary shall make the payment, in accord- shall be allocated as follows: contract payments among the owners and ance with regulations prescribed by the Sec- (A) For wheat, 26.26 percent. operators subject to the contract on a fair retary. (B) For corn, 46.22 percent. and equitable basis. (j) PLANTING FLEXIBILITY.— (C) For grain sorghum, 5.11 percent. (g) PAYMENT LIMITATION.—The total (1) PERMITTED CROPS.—Subject to para- (D) For barley, 2.16 percent. amount of contract payments made to a per- graph (2), any commodity or crop may be (E) For oats, 0.15 percent. son under a contract during any fiscal year planted on contract acreage on a farm. (F) For upland cotton, 11.63 percent. may not exceed the payment limitations es- (2) LIMITATIONS.— (G) For rice, 8.47 percent. tablished under sections 1001 through 1001C (A) HAYING AND GRAZING.— (3) ADJUSTMENT.—The Secretary shall ad- of the Food Security Act of 1985 (7 U.S.C. 1308 (i) TIME LIMITATIONS.—Haying and grazing just the amounts allocated for each contract through 1308–3). on land exceeding 15 percent of the contract commodity under paragraph (2) for a particu- (h) EFFECT OF VIOLATION.— acreage on a farm as provided in clause (iii) lar fiscal year by— (1) TERMINATION OF CONTRACT.—Except as shall be permitted, except during any con- (A) subtracting an amount equal to the provided in paragraph (2), if an owner or op- secutive 5-month period between April 1 and amount, if any, necessary to satisfy payment erator subject to a contract violates the con- October 31 that is determined by the State requirements under sections 103B, 105B, and servation plan for the farm containing eligi- committee established under section 8(b) of 107B of the Agricultural Act of 1949 (as in ef- ble farmland under the contract, wetland the Soil Conservation and Domestic Allot- fect prior to the amendment made by section protection requirements applicable to the ment Act (16 U.S.C. 590h(b)) for a State. In 110(b)(2)) for the 1994 and 1995 crops of the farm, or the planting flexibility require- the case of a natural disaster, the Secretary commodity; ments of subsection (j), the Secretary shall may permit unlimited haying and grazing on (B) adding an amount equal to the sum of terminate the contract with respect to the the contract acreage of a farm. all repayments of deficiency payments re- owner or operator on each farm in which the (ii) CONTRACT COMMODITIES.—A contract ceived under section 114(a)(2) of the Agricul- owner or operator has an interest. On the commodity may be hayed or grazed on con- tural Act of 1949 (as in effect prior to the termination, the owner or operator shall for- tract acreage on a farm without limitation. S 960 CONGRESSIONAL RECORD — SENATE February 6, 1996

(iii) HAYING AND GRAZING LIMITATION ON (B) In the case of a marketing assistance States a rate that is not less than the small- PORTION OF CONTRACT ACREAGE.—Unlimited loan for extra long staple cotton and oil- er of— haying and grazing shall be permitted on not seeds, any production. (i) 85 percent of the average price (weight- more than 15 percent of the contract acreage (b) LOAN RATES.— ed by market and month) of the base quality on a farm. (1) WHEAT.— of cotton as quoted in the designated United (B) ALFALFA.—Alfalfa may be planted for (A) LOAN RATE.—Subject to subparagraph States spot markets during 3 years of the 5- harvest without limitation on the contract (B), the loan rate for a marketing assistance year period ending July 31 in the year in acreage on a farm, except that each contract loan for wheat shall be— which the loan rate is announced, excluding acre that is planted for harvest to alfalfa in (i) not less than 85 percent of the simple the year in which the average price was the excess of 15 percent of the total contract average price received by producers of highest and the year in which the average acreage on a farm shall be ineligible for con- wheat, as determined by the Secretary, dur- price was the lowest in the period; or tract payments. ing the marketing years for the immediately (ii) 90 percent of the average, for the 15- (C) FRUITS AND VEGETABLES.— preceding 5 crops of wheat, excluding the week period beginning July 1 of the year in (i) IN GENERAL.—The planting for harvest year in which the average price was the which the loan rate is announced, of the 5 of fruits and vegetables shall be prohibited highest and the year in which the average lowest-priced growths of the growths quoted on contract acreage. price was the lowest in the period; but for Middling 13⁄32-inch cotton C.I.F. Northern (ii) UNRESTRICTED VEGETABLES.—Lentils, (ii) not more than $2.58 per bushel. Europe (adjusted downward by the average mung beans, and dry peas may be planted (B) STOCKS TO USE RATIO ADJUSTMENT.—If difference during the period April 15 through without limitation on contract acreage. the Secretary estimates for any marketing October 15 of the year in which the loan is year that the ratio of ending stocks of wheat announced between the average Northern (k) CONSERVATION FARM OPTION.— to total use for the marketing year will be— European price quotation of such quality of (1) IN GENERAL.—The Secretary shall offer (i) equal to or greater than 30 percent, the cotton and the market quotations in the des- eligible owners and operators with contract Secretary may reduce the loan rate for ignated United States spot markets for the acreage under this title on a farm who also wheat for the corresponding crop by an base quality of upland cotton), as determined have entered into a conservation reserve pro- amount not to exceed 10 percent in any year; by the Secretary. gram contract under subchapter B of chapter (ii) less than 30 percent but not less than 15 (B) LIMITATIONS.—The loan rate for a mar- 1 of subtitle D of title XII of the Food Secu- percent, the Secretary may reduce the loan keting assistance loan for upland cotton rity Act of 1985 (7 U.S.C. 3831 et seq.), the op- rate for wheat for the corresponding crop by shall not be less than $0.50 per pound or more tion of entering into a conservation farm op- an amount not to exceed 5 percent in any than $0.5192 per pound. tion contract for a period of 10 years, as an year; or (4) EXTRA LONG STAPLE COTTON.—The loan alternative to the market transition pay- (iii) less than 15 percent, the Secretary rate for a marketing assistance loan for ment contract. may not reduce the loan rate for wheat for extra long staple cotton shall be— (2) TERMS.—Under the conservation farm the corresponding crop. (A) not less than 85 percent of the simple option contract— (C) NO EFFECT ON FUTURE YEARS.—Any re- average price received by producers of extra (A) the Secretary shall provide eligible duction in the loan rate for wheat under sub- long staple cotton, as determined by the Sec- owners and operators with payments that re- paragraph (B) shall not be considered in de- retary, during 3 years of the 5 previous mar- flect the Secretary’s estimate of the pay- termining the loan rate for wheat for subse- keting years, excluding the year in which ments and benefits the eligible owner or op- quent years. the average price was the highest and the erator is expected to receive during the 10- (2) FEED GRAINS.— year in which the average price was the low- year period under— (A) LOAN RATE FOR CORN.—Subject to sub- est in the period; but (i) conservation cost-share programs ad- paragraph (B), the loan rate for a marketing (B) not more than $0.7965 per pound. assistance loan for corn shall be— ministered by the Secretary; (5) RICE.—The loan rate for a marketing (ii) conservation reserve program rental (i) not less than 85 percent of the simple assistance loan for rice shall be $6.50 per and cost-share payments; average price received by producers of corn, hundredweight. as determined by the Secretary, during the (iii) market transition payments; and (6) OILSEEDS.— marketing years for the immediately preced- (iv) loan programs for contract commod- (A) SOYBEANS.—The loan rate for a mar- ities, oilseeds, and extra long staple cotton; ing 5 crops of corn, excluding the year in keting assistance loan for soybeans shall be which the average price was the highest and and $4.92 per bushel. the year in which the average price was the (B) the eligible owner and operator shall— (B) SUNFLOWER SEED, CANOLA, RAPESEED, lowest in the period; but (i) forego eligibility to participate in the SAFFLOWER, MUSTARD SEED, AND FLAXSEED.— (ii) not more than $1.89 per bushel. conservation reserve program, conservation The loan rates for a marketing assistance (B) STOCKS TO USE RATIO ADJUSTMENT.—If cost-share program payments, and market loan for sunflower seed, canola, rapeseed, the Secretary estimates for any marketing transition contracts; and safflower, mustard seed, and flaxseed, indi- year that the ratio of ending stocks of corn (ii) comply with a conservation plan for vidually, shall be $0.087 per pound. to total use for the marketing year will be— the farm approved by the Secretary that is (C) OTHER OILSEEDS.—The loan rates for a (i) equal to or greater than 25 percent, the consistent with the State conservation farm marketing assistance loan for other oilseeds Secretary may reduce the loan rate for corn option plan established under paragraph (3). shall be established at such level as the Sec- for the corresponding crop by an amount not (3) STATE CONSERVATION FARM OPTION retary determines is fair and reasonable in to exceed 10 percent in any year; PLAN.—In consultation with the State Tech- relation to the loan rate available for soy- (ii) less than 25 percent but not less than nical Committee established under section beans, except in no event shall the rate for 12.5 percent, the Secretary may reduce the 1261 of the Food Security Act of 1985 (16 the oilseeds (other than cottonseed) be less loan rate for corn for the corresponding crop U.S.C. 3801), the Secretary shall establish a than the rate established for soybeans on a by an amount not to exceed 5 percent in any plan for each State that is designed to— per-pound basis for the same crop. year; or (A) protect wildlife habitat; (c) TERM OF LOAN.—In the case of each loan (B) improve water quality; and (iii) less than 12.5 percent the Secretary commodity (other than upland cotton or (C) reduce soil erosion. may not reduce the loan rate for corn for the extra long staple cotton), a marketing as- corresponding crop. sistance loan under subsection (a) shall have SEC. 104. NONRECOURSE MARKETING ASSIST- (C) NO EFFECT ON FUTURE YEARS.—Any re- a term of 9 months beginning on the first ANCE LOANS AND LOAN DEFICIENCY duction in the loan rate for corn under sub- PAYMENTS. day of the first month after the month in paragraph (B) shall not be considered in de- which the loan is made. A marketing assist- (a) AVAILABILITY OF NONRECOURSE LOANS.— termining the loan rate for corn for subse- ance loan for upland cotton or extra long (1) AVAILABILITY.—For each of the 1996 quent years. staple cotton shall have a term of 10 months through 2002 crops of each loan commodity, (D) OTHER FEED GRAINS.—The loan rate for beginning on the first day of the first month the Secretary shall make available to pro- a marketing assistance loan for grain sor- after the month in which the loan is made. ducers on a farm nonrecourse marketing as- ghum, barley, and oats, respectively, shall be The Secretary may not extend the term of a sistance loans for loan commodities pro- established at such level as the Secretary de- marketing assistance loan for any loan com- duced on the farm. The loans shall be made termines is fair and reasonable in relation to modity. under terms and conditions that are pre- the rate that loans are made available for (d) REPAYMENT.— scribed by the Secretary and at the loan rate corn, taking into consideration the feeding (1) REPAYMENT RATES FOR WHEAT AND FEED established under subsection (b) for the loan value of the commodity in relation to corn. GRAINS.—The Secretary shall permit a pro- commodity. (3) UPLAND COTTON.— ducer to repay a marketing assistance loan (2) ELIGIBLE PRODUCTION.—The following (A) LOAN RATE.—Subject to subparagraph under subsection (a) for wheat, corn, grain production shall be eligible for a marketing (B), the loan rate for a marketing assistance sorghum, barley, and oats at a level that the assistance loan under this section: loan for upland cotton shall be established Secretary determines will— (A) In the case of a marketing assistance by the Secretary at such loan rate, per (A) minimize potential loan forfeitures; loan for a contract commodity, any produc- pound, as will reflect for the base quality of (B) minimize the accumulation of stocks of tion by a producer who has entered into a upland cotton, as determined by the Sec- the commodities by the Federal Govern- production flexibility contract. retary, at average locations in the United ment; February 6, 1996 CONGRESSIONAL RECORD — SENATE S 961 (C) minimize the cost incurred by the Fed- assistance loan under subsection (a) with re- certificate to the Commodity Credit Cor- eral Government in storing the commodities; spect to a loan commodity, agree to forgo poration. and obtaining the loan for the commodity in re- (iii) TRANSFERS.—Marketing certificates (D) allow the commodities produced in the turn for payments under this subsection. issued to domestic users and exporters of up- United States to be marketed freely and (2) COMPUTATION.—A loan deficiency pay- land cotton may be transferred to other per- competitively, both domestically and inter- ment under this subsection shall be com- sons in accordance with regulations issued nationally. puted by multiplying— by the Secretary. (2) REPAYMENT RATES FOR UPLAND COTTON, (A) the loan payment rate determined (D) EXCEPTION.—The Secretary shall not OILSEEDS, AND RICE.—The Secretary shall under paragraph (3) for the loan commodity; issue marketing certificates or cash pay- permit producers to repay a marketing as- by ments under subparagraph (A) if, for the im- sistance loan under subsection (a) for upland (B) the quantity of the loan commodity mediately preceding consecutive 10-week pe- cotton, oilseeds, and rice at a level that is that the producers on a farm are eligible to riod, the Friday through Thursday average the lesser of— place under loan but for which the producers price quotation for the lowest priced United (A) the loan rate established for upland forgo obtaining the loan in return for pay- States growth, as quoted for Middling (M) cotton, oilseeds, and rice, respectively, under ments under this subsection. 13⁄32-inch cotton, delivered C.I.F. Northern subsection (b); or (3) LOAN PAYMENT RATE.—For purposes of Europe, adjusted for the value of any certifi- (B) the prevailing world market price for this subsection, the loan payment rate shall cate issued under this paragraph, exceeds the upland cotton, oilseeds, and rice, respec- be the amount by which— Northern Europe price by more than 1.25 tively (adjusted to United States quality and (A) the loan rate established under sub- cents per pound. location), as determined by the Secretary. section (b) for the loan commodity; exceeds (E) LIMITATION ON EXPENDITURES.—Total (3) REPAYMENT RATES FOR EXTRA LONG STA- (B) the rate at which a loan for the com- expenditures under this paragraph shall not PLE COTTON.—Repayment of a marketing as- modity may be repaid under subsection (d). exceed $701,000,000 during fiscal years 1996 sistance loan for extra long staple cotton (4) EXCEPTION FOR EXTRA LONG STAPLE COT- through 2002. shall be at the loan rate established for the TON.—This subsection shall not apply with (2) SPECIAL IMPORT QUOTA.— commodity under subsection (b), plus inter- respect to extra long staple cotton. (A) ESTABLISHMENT.—The President shall est (as determined by the Secretary). (f) SPECIAL MARKETING LOAN PROVISIONS carry out an import quota program that pro- (4) PREVAILING WORLD MARKET PRICE.—For FOR UPLAND COTTON.— vides that, during the period ending July 31, (1) COTTON USER MARKETING CERTIFI- purposes of paragraph (2)(B) and subsection 2003, whenever the Secretary determines and CATES.— (f), the Secretary shall prescribe by regula- announces that for any consecutive 10-week (A) ISSUANCE.—Subject to subparagraph tion— period, the Friday through Thursday average (D), during the period ending July 31, 2003, (A) a formula to determine the prevailing price quotation for the lowest-priced United the Secretary shall issue marketing certifi- world market price for each loan commod- States growth, as quoted for Middling (M) ity, adjusted to United States quality and lo- cates or cash payments to domestic users 13⁄32-inch cotton, delivered C.I.F. Northern and exporters for documented purchases by cation; and Europe, adjusted for the value of any certifi- domestic users and sales for export by ex- (B) a mechanism by which the Secretary cates issued under paragraph (1), exceeds the porters made in the week following a con- shall announce periodically the prevailing Northern Europe price by more than 1.25 world market price for each loan commod- secutive 4-week period in which— cents per pound, there shall immediately be ity. (i) the Friday through Thursday average in effect a special import quota. (5) ADJUSTMENT OF PREVAILING WORLD MAR- price quotation for the lowest-priced United (B) QUANTITY.—The quota shall be equal to KET PRICE FOR UPLAND COTTON.— States growth, as quoted for Middling (M) 1 week’s consumption of upland cotton by (A) IN GENERAL.—During the period ending 13⁄32-inch cotton, delivered C.I.F. Northern domestic mills at the seasonally adjusted av- July 31, 2003, the prevailing world market Europe exceeds the Northern Europe price by erage rate of the most recent 3 months for price for upland cotton (adjusted to United more than 1.25 cents per pound; and which data are available. States quality and location) established (ii) the prevailing world market price for (C) APPLICATION.—The quota shall apply to under paragraph (4) shall be further adjusted upland cotton (adjusted to United States if— quality and location) does not exceed 130 per- upland cotton purchased not later than 90 (i) the adjusted prevailing world market cent of the loan rate for upland cotton estab- days after the date of the Secretary’s an- price is less than 115 percent of the loan rate lished under subsection (b). nouncement under subparagraph (A) and en- for upland cotton established under sub- (B) VALUE OF CERTIFICATES OR PAYMENTS.— tered into the United States not later than section (b), as determined by the Secretary; The value of the marketing certificates or 180 days after the date. and cash payments shall be based on the amount (D) OVERLAP.—A special quota period may (ii) the Friday through Thursday average of the difference (reduced by 1.25 cents per be established that overlaps any existing price quotation for the lowest-priced United pound) in the prices during the 4th week of quota period if required by subparagraph (A), States growth as quoted for Middling (M) the consecutive 4-week period multiplied by except that a special quota period may not be established under this paragraph if a 13⁄32-inch cotton delivered C.I.F. Northern the quantity of upland cotton included in the Europe is greater than the Friday through documented sales. quota period has been established under sub- Thursday average price of the 5 lowest-priced (C) ADMINISTRATION OF MARKETING CERTIFI- section (g). growths of upland cotton, as quoted for Mid- CATES.— (E) PREFERENTIAL TARIFF TREATMENT.—The quantity under a special import quota shall dling (M) 13⁄32-inch cotton, delivered C.I.F. (i) REDEMPTION, MARKETING, OR EX- Northern Europe (referred to in this sub- CHANGE.—The Secretary shall establish pro- be considered to be an in-quota quantity for section as the ‘‘Northern Europe price’’). cedures for redeeming marketing certificates purposes of— (B) FURTHER ADJUSTMENT.—Except as pro- for cash or marketing or exchange of the cer- (i) section 213(d) of the Caribbean Basin vided in subparagraph (C), the adjusted pre- tificates for agricultural commodities owned Economic Recovery Act (19 U.S.C. 2703(d)); vailing world market price for upland cotton by the Commodity Credit Corporation in (ii) section 204 of the Andean Trade Pref- shall be further adjusted on the basis of some such manner, and at such price levels, as the erence Act (19 U.S.C. 3203); or all of the following data, as available: Secretary determines will best effectuate the (iii) section 503(d) of the Trade Act of 1974 (i) The United States share of world ex- purposes of cotton user marketing certifi- (19 U.S.C. 2463(d)); and ports. cates. Any price restrictions that would oth- (iv) General Note 3(a)(iv) to the Har- (ii) The current level of cotton export sales erwise apply to the disposition of agricul- monized Tariff Schedule. and cotton export shipments. tural commodities by the Commodity Credit (F) DEFINITION.—In this paragraph, the (iii) Other data determined by the Sec- Corporation shall not apply to the redemp- term ‘‘special import quota’’ means a quan- retary to be relevant in establishing an accu- tion of certificates under this paragraph. tity of imports that is not subject to the rate prevailing world market price for up- (ii) DESIGNATION OF COMMODITIES AND PROD- over-quota tariff rate of a tariff-rate quota. land cotton (adjusted to United States qual- UCTS.—To the extent practicable, the Sec- (g) LIMITED GLOBAL IMPORT QUOTA FOR UP- ity and location). retary shall permit owners of certificates to LAND COTTON.— (C) LIMITATION ON FURTHER ADJUSTMENT.— designate the commodities and products, in- (1) IN GENERAL.—The President shall carry The adjustment under subparagraph (B) may cluding storage sites, the owners would pre- out an import quota program that provides not exceed the difference between— fer to receive in exchange for certificates. If that whenever the Secretary determines and (i) the Friday through Thursday average any certificate is not presented for redemp- announces that the average price of the base price for the lowest-priced United States tion, marketing, or exchange within a rea- quality of upland cotton, as determined by growth as quoted for Middling 13⁄32-inch cot- sonable number of days after the issuance of the Secretary, in the designated spot mar- ton delivered C.I.F. Northern Europe; and the certificate (as determined by the Sec- kets for a month exceeded 130 percent of the (ii) the Northern Europe price. retary), reasonable costs of storage and average price of such quality of cotton in the (e) LOAN DEFICIENCY PAYMENTS.— other carrying charges, as determined by the markets for the preceding 36 months, not- (1) AVAILABILITY.—Except as provided in Secretary, shall be deducted from the value withstanding any other provision of law, paragraph (4), the Secretary may make loan of the certificate for the period beginning there shall immediately be in effect a lim- deficiency payments available to producers after the reasonable number of days and end- ited global import quota subject to the fol- who, although eligible to obtain a marketing ing with the date of the presentation of the lowing conditions: S 962 CONGRESSIONAL RECORD — SENATE February 6, 1996

(A) QUANTITY.—The quantity of the quota (2) LOAN LEVEL.—The adjustments shall, to trolled by the Corporation for use in reliev- shall be equal to 21 days of domestic mill the maximum extent practicable, be made in ing distress— consumption of upland cotton at the season- such manner that the average loan level for (i) in any area in the United States (includ- ally adjusted average rate of the most recent the commodity will, on the basis of the an- ing the Virgin Islands) declared by the Presi- 3 months for which data are available. ticipated incidence of the factors, be equal to dent to be an acute distress area because of (B) QUANTITY IF PRIOR QUOTA.—If a quota the level of support determined as provided unemployment or other economic cause, if has been established under this subsection in this section or the Agricultural Adjust- the President finds that the use will not dis- during the preceding 12 months, the quantity ment Act of 1938 (7 U.S.C. 1281 et seq.). place or interfere with normal marketing of of the quota next established under this sub- (j) PERSONAL LIABILITY OF PRODUCERS FOR agricultural commodities; and section shall be the smaller of 21 days of do- DEFICIENCIES.— (ii) in connection with any major disaster mestic mill consumption calculated under (1) IN GENERAL.—Except as provided in determined by the President to warrant as- subparagraph (A) or the quantity required to paragraph (2), no producer shall be person- sistance by the Federal Government under increase the supply to 130 percent of the de- ally liable for any deficiency arising from the Robert T. Stafford Disaster Relief and mand. the sale of the collateral securing any Emergency Assistance Act (42 U.S.C. 5121 et (C) PREFERENTIAL TARIFF TREATMENT.—The nonrecourse loan made under this section or seq.). quantity under a limited global import quota the Agricultural Adjustment Act of 1938 (7 (B) COSTS.—Except on a reimbursable shall be considered to be an in-quota quan- U.S.C. 1281 et seq.) unless the loan was ob- basis, the Corporation shall not bear any tity for purposes of— tained through a fraudulent representation costs in connection with making a commod- (i) section 213(d) of the Caribbean Basin by the producer. ity available under subparagraph (A) beyond Economic Recovery Act (19 U.S.C. 2703(d)); (2) LIMITATIONS.—Paragraph (1) shall not the cost of the commodity to the Corpora- (ii) section 204 of the Andean Trade Pref- prevent the Commodity Credit Corporation tion incurred in— erence Act (19 U.S.C. 3203); or the Secretary from requiring a producer (i) the storage of the commodity; and (iii) section 503(d) of the Trade Act of 1974 to assume liability for— (ii) the handling and transportation costs (19 U.S.C. 2463(d)); and (A) a deficiency in the grade, quality, or in making delivery of the commodity to des- (iv) General Note 3(a)(iv) to the Har- quantity of a commodity stored on a farm or ignated agencies at 1 or more central loca- monized Tariff Schedule. delivered by the producer; tions in each State or other area. (B) a failure to properly care for and pre- (D) DEFINITIONS.—In this subsection: (4) EFFICIENT OPERATIONS.—Paragraph (1) serve a commodity; or (i) SUPPLY.—The term ‘‘supply’’ means, shall not apply to the sale of a commodity (C) a failure or refusal to deliver a com- using the latest official data of the Bureau of the disposition of which is desirable in the modity in accordance with a program estab- the Census, the Department of Agriculture, interest of the effective and efficient conduct lished under this section or the Agricultural and the Department of the Treasury— of the operations of the Corporation because Adjustment Act of 1938. (I) the carry-over of upland cotton at the of the small quantity of the commodity in- (3) ACQUISITION OF COLLATERAL.—The Sec- beginning of the marketing year (adjusted to volved, or because of the age, location, or retary may include in a contract for a 480-pound bales) in which the quota is estab- questionable continued storability of the nonrecourse loan made under this section or lished; commodity. the Agricultural Adjustment Act of 1938 a (II) production of the current crop; and provision that permits the Commodity Cred- SEC. 105. PAYMENT LIMITATIONS. (III) imports to the latest date available it Corporation, on and after the maturity of (a) IN GENERAL.—Section 1001 of the Food during the marketing year. the loan or any extension of the loan, to ac- Security Act of 1985 (7 U.S.C. 1308) is amend- (ii) DEMAND.—The term ‘‘demand’’ means— quire title to the unredeemed collateral ed by striking paragraphs (1) through (4) and (I) the average seasonally adjusted annual without obligation to pay for any market inserting the following: rate of domestic mill consumption in the value that the collateral may have in excess ‘‘(1) LIMITATION ON PAYMENTS UNDER PRO- most recent 3 months for which data are of the loan indebtedness. DUCTION FLEXIBILITY CONTRACTS.—The total available; and (4) SUGARCANE AND SUGAR BEETS.—A secu- amount of contract payments made under (II) the larger of— rity interest obtained by the Commodity section 103 of the Agricultural Market Tran- (aa) average exports of upland cotton dur- Credit Corporation as a result of the execu- sition Act to a person under 1 or more pro- ing the preceding 6 marketing years; or tion of a security agreement by the proc- duction flexibility contracts during any fis- (bb) cumulative exports of upland cotton essor of sugarcane or sugar beets shall be su- cal year may not exceed $40,000. plus outstanding export sales for the mar- perior to all statutory and common law liens ‘‘(2) LIMITATION ON MARKETING LOAN GAINS keting year in which the quota is estab- on raw cane sugar and refined beet sugar in AND LOAN DEFICIENCY PAYMENTS.— lished. favor of the producers of sugarcane and ‘‘(A) LIMITATION.—The total amount of (iii) LIMITED GLOBAL IMPORT QUOTA.—The sugar beets and all prior recorded and unre- payments specified in subparagraph (B) that term ‘‘limited global import quota’’ means a corded liens on the crops of sugarcane and a person shall be entitled to receive under quantity of imports that is not subject to the sugar beets from which the sugar was de- section 104 of the Agricultural Market Tran- over-quota tariff rate of a tariff-rate quota. rived. sition Act for contract commodities and oil- (E) QUOTA ENTRY PERIOD.—When a quota is (k) COMMODITY CREDIT CORPORATION SALES seeds during any crop year may not exceed established under this subsection, cotton PRICE RESTRICTIONS.— $75,000. may be entered under the quota during the (1) IN GENERAL.—The Commodity Credit ‘‘(B) DESCRIPTION OF PAYMENTS.—The pay- 90-day period beginning on the date the Corporation may sell any commodity owned ments referred to in subparagraph (A) are quota is established by the Secretary. or controlled by the Corporation at any price the following: (2) NO OVERLAP.—Notwithstanding para- that the Secretary determines will maximize ‘‘(i) Any gain realized by a producer from graph (1), a quota period may not be estab- returns to the Corporation. repaying a marketing assistance loan for a lished that overlaps an existing quota period (2) NONAPPLICATION OF SALES PRICE RE- crop of any loan commodity at a lower level or a special quota period established under STRICTIONS.—Paragraph (1) shall not apply than the original loan rate established for subsection (f)(2). to— the commodity under section 104(b) of the (h) SOURCE OF LOANS.— (A) a sale for a new or byproduct use; Act. (1) IN GENERAL.—The Secretary shall pro- (B) a sale of peanuts or oilseeds for the ex- ‘‘(ii) Any loan deficiency payment received vide the loans authorized by this section and traction of oil; for a loan commodity under section 104(e) of the Agricultural Adjustment Act of 1938 (7 (C) a sale for seed or feed if the sale will the Act.’’. U.S.C. 1281 et seq.) through the Commodity not substantially impair any loan program; (b) CONFORMING AMENDMENTS.— Credit Corporation and other means avail- (D) a sale of a commodity that has sub- (1) Section 1001 of the Food Security Act of able to the Secretary. stantially deteriorated in quality or as to 1985 (7 U.S.C. 1308) (as amended by subsection (2) PROCESSORS.—Whenever any loan or which there is a danger of loss or waste (a)) is amended— surplus removal operation for any agricul- through deterioration or spoilage; (A) by redesignating paragraphs (5), (6), tural commodity is carried out through pur- (E) a sale for the purpose of establishing a and (7) as paragraphs (3), (4), and (5), respec- chases from or loans or payments to proc- claim arising out of a contract or against a tively; and essors, the Secretary shall, to the extent person who has committed fraud, misrepre- (B) in the second sentence of paragraph practicable, obtain from the processors such sentation, or other wrongful act with respect (3)(A) (as so redesignated), by striking ‘‘para- assurances as the Secretary considers ade- to the commodity; graphs (6) and (7)’’ and inserting ‘‘paragraphs quate that the producers of the commodity (F) a sale for export, as determined by the (4) and (5)’’. have received or will receive maximum bene- Corporation; and (2) Section 1305(d) of the Agricultural Rec- fits from the loan or surplus removal oper- (G) a sale for other than a primary use. onciliation Act of 1987 (Public Law 100–203; 7 ation. (3) PRESIDENTIAL DISASTER AREAS.— U.S.C. 1308 note) is amended by striking (i) ADJUSTMENTS OF LOANS.— (A) IN GENERAL.—Notwithstanding para- ‘‘paragraphs (5) through (7) of section 1001, as (1) IN GENERAL.—The Secretary may make graph (1), on such terms and conditions as amended by this subtitle,’’ and inserting appropriate adjustments in the loan levels the Secretary may consider in the public in- ‘‘paragraphs (3) through (5) of section 1001,’’. for any commodity for differences in grade, terest, the Corporation may make available (3) Section 1001A of the Food Security Act type, quality, location, and other factors. any commodity or product owned or con- of 1985 (7 U.S.C. 1308–1(a)(1)) is amended— February 6, 1996 CONGRESSIONAL RECORD — SENATE S 963

(A) in the first sentence of subsection (C) ASSOCIATION COSTS.—Loans made to the type pools established under subsection (a)(1)— association under this paragraph shall in- (c)(2)(A) for Valencia peanuts produced in (i) by striking ‘‘section 1001(5)(B)(i)’’ and clude such costs as the area marketing asso- New Mexico) in such manner as the Sec- inserting ‘‘section 1001(3)(B)(i)’’; ciation reasonably may incur in carrying out retary shall by regulation prescribe. (ii) by striking ‘‘under the Agricultural the responsibilities, operations, and activi- (5) INCREASED ASSESSMENTS.—If use of the Act of 1949 (7 U.S.C. 1421 et seq.)’’; and ties of the association under this section and authorities provided in the preceding para- (iii) by striking ‘‘section 1001(5)(B)(i)(II)’’ section 358e of the Agricultural Adjustment graphs is not sufficient to cover losses in an and inserting ‘‘section 1001(3)(B)(i)(II)’’; and Act of 1938 (7 U.S.C. 1359a). area quota pool, the Secretary shall increase (B) in subsection (b)— (2) POOLS FOR QUOTA AND ADDITIONAL PEA- the marketing assessment established under (i) in paragraph (1)— NUTS.— subsection (g) by such an amount as the Sec- (I) by striking ‘‘under the Agricultural Act (A) IN GENERAL.—The Secretary shall re- retary considers necessary to cover the of 1949’’; and quire that each area marketing association losses. The increased assessment shall apply (II) by striking ‘‘section 1001(5)(B)(i)’’ and establish pools and maintain complete and only to quota peanuts in the production area inserting ‘‘section 1001(3)(B)(i)’’; and accurate records by area and segregation for covered by the pool. Amounts collected (ii) in paragraph (2)(B), by striking ‘‘sec- quota peanuts handled under loan and for ad- under subsection (g) as a result of the in- tion 1001(5)(B)(i)(II)’’ and inserting ‘‘section ditional peanuts placed under loan, except creased assessment shall be retained by the 1001(3)(B)(i)(II)’’. that separate pools shall be established for Secretary to cover losses in that pool. (4) Section 1001C(a) of the Food Security Valencia peanuts produced in New Mexico. (e) DISAPPROVAL OF QUOTAS.—Notwith- Act of 1985 (7 U.S.C. 1308–3(a)) is amended— (B) ELIGIBILITY TO PARTICIPATE.— standing any other provision of law, no loan (A) by striking ‘‘For each of the 1991 (i) IN GENERAL.—Except as provided in for quota peanuts may be made available by through 1997 crops, any’’ and inserting clause (ii), in the case of the 1996 and subse- the Secretary for any crop of peanuts with ‘‘Any’’; quent crops, Valencia peanuts not physically respect to which poundage quotas have been (B) by striking ‘‘price support program produced in the State of New Mexico shall disapproved by producers, as provided for in loans, payments, or benefits made available not be eligible to participate in the pools of section 358–1(d) of the Agricultural Adjust- under the Agricultural Act of 1949 (7 U.S.C. the State. ment Act of 1938 (7 U.S.C. 1358–1(d)). 1421 et seq.),’’ and inserting ‘‘loans or pay- (ii) EXCEPTION.—A resident of the State of (f) QUALITY IMPROVEMENT.— ments made available under the Agricultural New Mexico may enter Valencia peanuts (1) IN GENERAL.—With respect to peanuts Market Transition Act’’; and that are produced outside of the State into under loan, the Secretary shall— (C) by striking ‘‘during the 1989 through the pools of the State in a quantity that is (A) promote the crushing of peanuts at a 1997 crop years’’. not greater than the 1995 crop of the resi- greater risk of deterioration before peanuts SEC. 106. PEANUT PROGRAM. dent. of a lesser risk of deterioration; (a) QUOTA PEANUTS.— (C) TYPES OF PEANUTS.—Bright hull and (B) ensure that all Commodity Credit Cor- (1) AVAILABILITY OF LOANS.—The Secretary dark hull Valencia peanuts shall be consid- poration inventories of peanuts sold for do- shall make nonrecourse loans available to ered as separate types for the purpose of es- mestic edible use must be shown to have producers of quota peanuts. tablishing the pools. been officially inspected by licensed Depart- (2) LOAN RATE.—The national average (D) NET GAINS.—Net gains on peanuts in ment inspectors both as farmer stock and quota loan rate for quota peanuts shall be each pool, unless otherwise approved by the shelled or cleaned in-shell peanuts; $610 per ton. Secretary, shall be distributed only to pro- (C) continue to endeavor to operate the (3) INSPECTION, HANDLING, OR STORAGE.— ducers who placed peanuts in the pool and peanut program so as to improve the quality The loan amount may not be reduced by the shall be distributed in proportion to the of domestic peanuts and ensure the coordina- Secretary by any deductions for inspection, value of the peanuts placed in the pool by tion of activities under the Peanut Adminis- handling, or storage. each producer. Net gains for peanuts in each trative Committee established under Mar- (4) LOCATION AND OTHER FACTORS.—The pool shall consist of the following: keting Agreement No. 146, regulating the Secretary may make adjustments in the loan (i) QUOTA PEANUTS.—For quota peanuts, quality of domestically produced peanuts rate for quota peanuts for location of pea- the net gains over and above the loan indebt- (under the Agricultural Adjustment Act (7 nuts and such other factors as are authorized edness and other costs or losses incurred on U.S.C. 601 et seq.), reenacted with amend- by section 411 of the Agricultural Adjust- peanuts placed in the pool. ments by the Agricultural Marketing Agree- ment Act of 1938. (ii) ADDITIONAL PEANUTS.—For additional ment Act of 1937); and (b) ADDITIONAL PEANUTS.— peanuts, the net gains over and above the (D) ensure that any changes made in the (1) IN GENERAL.—The Secretary shall make loan indebtedness and other costs or losses peanut program as a result of this subsection nonrecourse loans available to producers of incurred on peanuts placed in the pool for requiring additional production or handling additional peanuts at such rates as the Sec- additional peanuts. at the farm level shall be reflected as an up- retary finds appropriate, taking into consid- (d) LOSSES.—Losses in quota area pools ward adjustment in the Department loan eration the demand for peanut oil and pea- shall be covered using the following sources schedule. nut meal, expected prices of other vegetable in the following order of priority: (2) EXPORTS AND OTHER PEANUTS.—The Sec- oils and protein meals, and the demand for (1) TRANSFERS FROM ADDITIONAL LOAN retary shall require that all peanuts in the peanuts in foreign markets. POOLS.—The proceeds due any producer from domestic and export markets fully comply (2) ANNOUNCEMENT.—The Secretary shall any pool shall be reduced by the amount of with all quality standards under Marketing announce the loan rate for additional pea- any loss that is incurred with respect to pea- Agreement No. 146. nuts of each crop not later than February 15 nuts transferred from an additional loan pool (g) MARKETING ASSESSMENT.— preceding the marketing year for the crop to a quota loan pool by the producer under (1) IN GENERAL.—The Secretary shall pro- for which the loan rate is being determined. section 358–1(b)(8) of the Agricultural Adjust- vide for a nonrefundable marketing assess- (c) AREA MARKETING ASSOCIATIONS.— ment Act of 1938 (7 U.S.C. 1358–1(b)(8)). ment. The assessment shall be made on a per (1) WAREHOUSE STORAGE LOANS.— (2) OTHER PRODUCERS IN SAME POOL.—Fur- pound basis in an amount equal to 1.1 per- (A) IN GENERAL.—In carrying out sub- ther losses in an area quota pool shall be off- cent for each of the 1994 and 1995 crops, 1.15 sections (a) and (b), the Secretary shall set by reducing the gain of any producer in percent for the 1996 crop, and 1.2 percent for make warehouse storage loans available in the pool by the amount of pool gains attrib- each of the 1997 through 2002 crops, of the na- each of the producing areas (described in sec- uted to the same producer from the sale of tional average quota or additional peanut tion 1446.95 of title 7 of the Code of Federal additional peanuts for domestic and export loan rate for the applicable crop. Regulations (January 1, 1989)) to a des- edible use. (2) FIRST PURCHASERS.— ignated area marketing association of pea- (3) USE OF MARKETING ASSESSMENTS.—The (A) IN GENERAL.—Except as provided under nut producers that is selected and approved Secretary shall use funds collected under paragraphs (3) and (4), the first purchaser of by the Secretary and that is operated pri- subsection (g) (except funds attributable to peanuts shall— marily for the purpose of conducting the handlers) to offset further losses in area (i) collect from the producer a marketing loan activities. The Secretary may not make quota pools. The Secretary shall transfer to assessment equal to the quantity of peanuts warehouse storage loans available to any co- the Treasury those funds collected under acquired multiplied by— operative that is engaged in operations or subsection (g) and available for use under (I) in the case of each of the 1994 and 1995 activities concerning peanuts other than this subsection that the Secretary deter- crops, .55 percent of the applicable national those operations and activities specified in mines are not required to cover losses in average loan rate; this section and section 358e of the Agricul- area quota pools. (II) in the case of the 1996 crop, .6 percent tural Adjustment Act of 1938 (7 U.S.C. 1359a). (4) CROSS COMPLIANCE.—Further losses in of the applicable national average loan rate; (B) ADMINISTRATIVE AND SUPERVISORY AC- area quota pools, other than losses incurred and TIVITIES.—An area marketing association as a result of transfers from additional loan (III) in the case of each of the 1997 through shall be used in administrative and super- pools to quota loan pools under section 358– 2002 crops, .65 percent of the applicable na- visory activities relating to loans and mar- 1(b)(8) of the Agricultural Adjustment Act of tional average loan rate; keting activities under this section and sec- 1938 (7 U.S.C. 1358–1(b)(8)), shall be offset by (ii) pay, in addition to the amount col- tion 358e of the Agricultural Adjustment Act any gains or profits from quota pools in lected under clause (i), a marketing assess- of 1938 (7 U.S.C. 1359a). other production areas (other than separate ment in an amount equal to the quantity of S 964 CONGRESSIONAL RECORD — SENATE February 6, 1996 peanuts acquired multiplied by .55 percent of (i) in the section heading, by striking ‘‘(i) the total quantity of peanuts meeting the applicable national average loan rate; ‘‘FOR 1991 THROUGH 1997 CROPS OF PEA- quality requirements for domestic edible and NUTS’’; and use, as determined by the Secretary, mar- (iii) remit the amounts required under (ii) in subsection (i), by striking ‘‘1997’’ and keted from the farm; and clauses (i) and (ii) to the Commodity Credit inserting ‘‘2002’’. ‘‘(ii) the total farm poundage quota, ex- Corporation in a manner specified by the (2) ELIMINATION OF QUOTA FLOOR.—Section cluding quota pounds transferred to the farm Secretary. 358–1(a)(1) of the Act (7 U.S.C. 1358–1(a)(1)) is in the fall. (B) DEFINITION OF FIRST PURCHASER.—In amended by striking the second sentence. ‘‘(C) SUPPORT RATE.—Peanuts transferred this subsection, the term ‘‘first purchaser’’ (3) TEMPORARY QUOTA ALLOCATION.—Sec- under this paragraph shall be supported at means a person acquiring peanuts from a tion 358–1 of the Act (7 U.S.C. 1358–1) is not more than 70 percent of the quota sup- producer except that in the case of peanuts amended— port rate for the marketing years in which forfeited by a producer to the Commodity (A) in subsection (a)(1), by striking ‘‘do- the transfers occur. The transfers for a farm Credit Corporation, the term means the per- mestic edible, seed,’’ and inserting ‘‘domes- shall not exceed 25 percent of the total farm son acquiring the peanuts from the Commod- tic edible use’’; quota pounds, excluding pounds transferred ity Credit Corporation. (B) in subsection (b)(2)— in the fall.’’. (3) OTHER PRIVATE MARKETINGS.—In the (i) in subparagraph (A), by striking ‘‘sub- SEC. 107. SUGAR PROGRAM. paragraph (B) and subject to’’; and case of a private marketing by a producer di- (a) SUGARCANE.—The Secretary shall make (ii) by striking subparagraph (B) and in- rectly to a consumer through a retail or loans available to processors of domestically serting the following: wholesale outlet or in the case of a market- grown sugarcane at a rate equal to 18 cents ‘‘(B) TEMPORARY QUOTA ALLOCATION.— ing by the producer outside of the continen- per pound for raw cane sugar. ‘‘(i) ALLOCATION RELATED TO SEED PEA- tal United States, the producer shall be re- (b) SUGAR BEETS.—The Secretary shall NUTS.—Temporary allocation of quota sponsible for the full amount of the assess- make loans available to processors of domes- pounds for the marketing year only in which ment and shall remit the assessment by such tically grown sugar beets at a rate equal to the crop is planted shall be made to produc- time as is specified by the Secretary. 22.9 cents per pound for refined beet sugar. ers for each of the 1996 through 2002 market- (4) LOAN PEANUTS.—In the case of peanuts ERM OF LOANS.— ing years as provided in this subparagraph. (c) T that are pledged as collateral for a loan (1) IN GENERAL.—Loans under this section ‘‘(ii) QUANTITY.—The temporary quota allo- made under this section, 1⁄2 of the assessment during any fiscal year shall be made avail- shall be deducted from the proceeds of the cation shall be equal to the pounds of seed peanuts planted on the farm, as may be ad- able not earlier than the beginning of the fis- loan. The remainder of the assessment shall cal year and shall mature at the earlier of— be paid by the first purchaser of the peanuts. justed under regulations prescribed by the Secretary. (A) the end of 9 months; or For purposes of computing net gains on pea- (B) the end of the fiscal year. nuts under this section, the reduction in ‘‘(iii) ADDITIONAL QUOTA.—The temporary allocation of quota pounds under this para- (2) SUPPLEMENTAL LOANS.—In the case of loan proceeds shall be treated as having been loans made under this section in the last 3 paid to the producer. graph shall be in addition to the farm pound- age quota otherwise established under this months of a fiscal year, the processor may (5) PENALTIES.—If any person fails to col- subsection and shall be credited, for the ap- repledge the sugar as collateral for a second lect or remit the reduction required by this plicable marketing year only, in total to the loan in the subsequent fiscal year, except subsection or fails to comply with the re- producer of the peanuts on the farm in a that the second loan shall— quirements for recordkeeping or otherwise as manner prescribed by the Secretary. (A) be made at the loan rate in effect at are required by the Secretary to carry out ‘‘(iv) EFFECT OF OTHER REQUIREMENTS.— the time the second loan is made; and this subsection, the person shall be liable to Nothing in this section alters or changes the (B) mature in 9 months less the quantity of the Secretary for a civil penalty up to an requirements regarding the use of quota and time that the first loan was in effect. amount determined by multiplying— additional peanuts established by section (d) LOAN TYPE; PROCESSOR ASSURANCES.— (A) the quantity of peanuts involved in the 358e(b).’’; and (1) RECOURSE LOANS.—Subject to paragraph violation; by (C) in subsection (e)(3), strike ‘‘and seed (2), the Secretary shall carry out this section (B) the national average quota peanut rate and use on a farm’’. through the use of recourse loans. for the applicable crop year. (4) UNDERMARKETINGS.—Part VI of subtitle (2) NONRECOURSE LOANS.—During any fiscal (6) ENFORCEMENT.—The Secretary may en- B of title III of the Act is amended— year in which the tariff rate quota for im- force this subsection in the courts of the (A) in section 358–1(b) (7 U.S.C. 1358–1(b))— ports of sugar into the United States is es- United States. (i) in paragraph (1)(B), by striking tablished at, or is increased to, a level in ex- (h) CROPS.—Subsections (a) through (f) ‘‘including—’’ and clauses (i) and (ii) and in- cess of 1,500,000 short tons raw value, the shall be effective only for the 1996 through serting ‘‘including any increases resulting Secretary shall carry out this section by 2002 crops of peanuts. from the allocation of quotas voluntarily re- making available nonrecourse loans. Any re- (i) MARKETING QUOTAS.— leased for 1 year under paragraph (7).’’; course loan previously made available by the (1) IN GENERAL.—Part VI of subtitle B of (ii) in paragraph (3)(B), by striking ‘‘in- Secretary under this section during the fis- title III of the Agricultural Adjustment Act clude—’’ and clauses (i) and (ii) and inserting cal year shall be changed by the Secretary of 1938 is amended— ‘‘include any increase resulting from the al- into a nonrecourse loan. (A) in section 358–1 (7 U.S.C. 1358–1)— location of quotas voluntarily released for 1 (3) PROCESSOR ASSURANCES.—If the Sec- (i) in the section heading, by striking year under paragraph (7).’’; and retary is required under paragraph (2) to ‘‘1991 THROUGH 1997 CROPS OF’’; (iii) by striking paragraphs (8) and (9); and make nonrecourse loans available during a (ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A), (B) in section 358b(a) (7 U.S.C. 1358b(a))— fiscal year or to change recourse loans into (b)(2)(C), and (b)(3)(A), by striking ‘‘of the (i) in paragraph (1), by striking ‘‘(including nonrecourse loans, the Secretary shall ob- 1991 through 1997 marketing years’’ each any applicable under marketings)’’ both tain from each processor that receives a loan place it appears and inserting ‘‘marketing places it appears; under this section such assurances as the year’’; (ii) in paragraph (1)(A), by striking ‘‘of Secretary considers adequate to ensure that (iii) in subsection (a)(3), by striking ‘‘1990’’ undermarketings and’’; the processor will provide payments to pro- and inserting ‘‘1990, for the 1991 through 1995 (iii) in paragraph (2), by striking ‘‘(includ- ducers that are proportional to the value of marketing years, and 1995, for the 1996 ing any applicable under marketings)’’; and the loan received by the processor for sugar through 2002 marketing years’’; (iv) in paragraph (3), by striking ‘‘(includ- beets and sugarcane delivered by producers (iv) in subsection (b)(1)(A)— ing any applicable undermarketings)’’. served by the processor. The Secretary may (I) by striking ‘‘each of the 1991 through (5) DISASTER TRANSFERS.—Section 358–1(b) establish appropriate minimum payments 1997 marketing years’’ and inserting ‘‘each of the Act (7 U.S.C. 1358–1(b)), as amended by for purposes of this paragraph. marketing year’’; and paragraph (4)(A)(iii), is further amended by (e) MARKETING ASSESSMENT.— (II) in clause (i), by inserting before the adding at the end the following: (1) SUGARCANE.—Effective for marketings semicolon the following: ‘‘, in the case of the ‘‘(8) DISASTER TRANSFERS.— of raw cane sugar during the 1996 through 1991 through 1995 marketing years, and the ‘‘(A) IN GENERAL.—Except as provided in 2003 fiscal years, the first processor of sugar- 1995 marketing year, in the case of the 1996 subparagraph (B), additional peanuts pro- cane shall remit to the Commodity Credit through 2002 marketing years’’; and duced on a farm from which the quota Corporation a nonrefundable marketing as- (v) in subsection (f), by striking ‘‘1997’’ and poundage was not harvested and marketed sessment in an amount equal to— inserting ‘‘2002’’; because of drought, flood, or any other natu- (A) in the case of marketings during fiscal (B) in section 358b (7 U.S.C. 1358b)— ral disaster, or any other condition beyond year 1996, 1.1 percent of the loan rate estab- (i) in the section heading, by striking the control of the producer, may be trans- lished under subsection (a) per pound of raw ‘‘1991 THROUGH 1995 CROPS OF’’; and ferred to the quota loan pool for pricing pur- cane sugar, processed by the processor from (ii) in subsection (c), by striking ‘‘1995’’ poses on such basis as the Secretary shall by domestically produced sugarcane or sugar- and inserting ‘‘2002’’; regulation provide. cane molasses, that has been marketed (in- (C) in section 358c(d) (7 U.S.C. 1358c(d)), by ‘‘(B) LIMITATION.—The poundage of peanuts cluding the transfer or delivery of the sugar striking ‘‘1995’’ and inserting ‘‘2002’’; and transferred under subparagraph (A) shall not to a refinery for further processing or mar- (D) in section 358e (7 U.S.C. 1359a)— exceed the difference between— keting); and February 6, 1996 CONGRESSIONAL RECORD — SENATE S 965

(B) in the case of marketings during each (2) PENALTY.—Any person willfully failing ‘‘(ii) 40 percent of the national average of fiscal years 1997 through 2003, 1.375 percent or refusing to furnish the information, or acreage of the farms or ranches, as the case of the loan rate established under subsection furnishing willfully any false information, may be, engaged in the type of commodity or (a) per pound of raw cane sugar, processed by shall be subject to a civil penalty of not livestock operation in which the farmer or the processor from domestically produced more than $10,000 for each such violation. rancher is engaged, as determined by the sugarcane or sugarcane molasses, that has (3) MONTHLY REPORTS.—Taking into consid- Secretary’’; and been marketed (including the transfer or de- eration the information received under para- livery of the sugar to a refinery for further graph (1), the Secretary shall publish on a CONRAD AMENDMENT NO. 3354 processing or marketing). monthly basis composite data on production, (2) SUGAR BEETS.—Effective for marketings imports, distribution, and stock levels of (Ordered to lie on the table.) of beet sugar during the 1996 through 2003 fis- sugar. Mr. CONRAD submitted an amend- cal years, the first processor of sugar beets (h) MARKETING ALLOTMENTS.—Part VII of ment intended to be proposed by him shall remit to the Commodity Credit Cor- subtitle B of title III of the Agricultural Ad- to amendment No. 3252 submitted by poration a nonrefundable marketing assess- justment Act of 1938 (7 U.S.C. 1359aa et seq.) Mr. LUGAR to the bill S. 1541, supra; as ment in an amount equal to— is repealed. (A) in the case of marketings during fiscal (i) CROPS.—This section (other than sub- follows: year 1996, 1.1794 percent of the loan rate es- section (h)) shall be effective only for the In Section 381E(c)(3) of Sec. 561, Rural tablished under subsection (a) per pound of 1996 through 2002 crops of sugar beets and Community Advancement Program, of Title beet sugar, processed by the processor from sugarcane. V—Rural Development, strike the following: domestically produced sugar beets or sugar ‘‘; and beet molasses, that has been marketed; and COCHRAN AMENDMENT NO. 3351 ‘‘(D) grants to broadcasting systems pro- (B) in the case of marketings during each vided under section 310B(f)’’. of fiscal years 1997 through 2003, 1.47425 per- (Ordered to lie on the table.) cent of the loan rate established under sub- Mr. COCHRAN submitted an amend- CONRAD AMENDMENT NO. 3355 section (a) per pound of beet sugar, processed ment intended to be proposed by him by the processor from domestically produced to amendment No. 3184 proposed by Mr. (Ordered to lie on the table.) sugar beets or sugar beet molasses, that has LEAHY to the bill S. 1541, supra; as fol- Mr. CONRAD submitted an amend- been marketed. lows: ment intended to be proposed by him (3) COLLECTION.— to the bill S. 1541, supra; as follows: (A) TIMING.—A marketing assessment re- At the end of subtitle E of Title III add the quired under this subsection shall be col- following: Title I is amended by— lected on a monthly basis and shall be remit- SEC. . WILDLIFE HABITAT INCENTIVES PRO- (1) striking ‘‘2002’’ each place it appears ted to the Commodity Credit Corporation GRAM. and inserting ‘‘1998’’; not later than 30 days after the end of each The Secretary of Agriculture, in consulta- (2) striking ‘‘2003’’ each place it appears month. Any cane sugar or beet sugar proc- tion with the State Technical Committee, and inserting ‘‘1999’’; essed during a fiscal year that has not been shall establish a program within the Natural (3) in section 103 striking subsections (d) marketed by September 30 of the year shall Resources Conservation Service to be known through (f) and inserting the following: be subject to assessment on that date. The as the Wildlife Habitat Incentives Program. ‘‘(e) CONTRACT PAYMENTS.— sugar shall not be subject to a second assess- The program shall make cost-share pay- ‘‘(1) IN GENERAL.—The Secretary shall pro- ment at the time that it is marketed. ments to landowners to develop upland wild- vide advanced and final payments to owners (B) MANNER.—Subject to subparagraph (A), life, wetland wildlife, threatened and endan- and operators in accordance with the this marketing assessments shall be collected gered species, fisheries, and other types of subsection. under this subsection in the manner pre- wildlife habitat approved by the Secretary. ‘‘(2) ADVANCED PAYMENTS.— scribed by the Secretary and shall be non- To carry out this section, $10,000,000 for each ‘‘(A) IN GENERAL.—An owner or operator refundable. of the fiscal years 1996 through 2002, shall be shall receive an advanced payment by June (4) PENALTIES.—If any person fails to remit made available from the program authorized 15 for the 1996 fiscal year and December 15 the assessment required by this subsection by subchapter B of Chapter 1 of Subtitle D of for the 1997 and 1998 fiscal years which rep- or fails to comply with such requirements title XII of the Food Security Act of 1985. resents the product of— for recordkeeping or otherwise as are re- ‘‘(i) the applicable payment rate described quired by the Secretary to carry out this CONRAD AMENDMENTS NOS. 3352– in subparagraph (B); ‘‘(ii) the farm program payment yield; and subsection, the person shall be liable to the 3353 Secretary for a civil penalty up to an ‘‘(iii) 85 percent of the contract acreage. amount determined by multiplying— (Ordered to lie on the table.) ‘‘(B) PAYMENT RATE.—The payment rate (A) the quantity of cane sugar or beet Mr. CONRAD submitted two amend- shall be— sugar involved in the violation; by ments intended to be proposed by him ‘‘(i) for corn, $.16 per bushel; (B) the loan rate for the applicable crop of to amendment No. 3252 submitted by ‘‘(ii) for grain sorghum, $.19 per bushel; ‘‘(iii) for barley, $.12 per bushel; sugarcane or sugar beets. Mr. LUGAR to amendment No. 3184 pro- (5) ENFORCEMENT.—The Secretary may en- ‘‘(iv) for oats, $.02 per bushel; posed by Mr. LEAHY to the bill S. 1541, force this subsection in a court of the United ‘‘(v) for wheat, $.27 per bushel; States. supra; as follows: ‘‘(vi) for rice, $1.14 per hundredweight; and (f) FORFEITURE PENALTY.— AMENDMENT NO. 3352 ‘‘(vii) for upland cotton, $.032 per pound. (1) IN GENERAL.—A penalty shall be as- On page 4–45, strike lines 9 through 13 and ‘‘(3) FINAL PAYMENT.— sessed on the forfeiture of any sugar pledged insert the following: ‘‘(A) IN GENERAL.—The Secretary shall as collateral for a nonrecourse loan under ‘‘The Secretary may not reschedule or make a final payment which represents the this section. reamortize a loan for a borrower under this county rate described in subparagraph (B) (2) CANE SUGAR.—The penalty for cane title who has not requested consideration multiplied by lessor of— sugar shall be 1 cent per pound. under section 331D(e) unless the borrower— ‘‘(i) 85 percent of the contract acreage; or (3) BEET SUGAR.—The penalty for beet ‘‘(1) after paying all family living an oper- ‘‘(ii) contract acreage planted to the con- sugar shall bear the same relation to the ating expenses, excluding interest, can pay a tract commodity penalty for cane sugar as the marketing as- portion, as determined by the Secretary, of ‘‘(B) COUNTY RATE.—The county rate is the sessment for sugar beets bears to the mar- the interest due on the loan; difference between the target county revenue keting assessment for sugarcane. ‘‘(2) has disposed of all normal income se- described in clause (i) and the current coun- (4) EFFECT OF FORFEITURE.—Any payments curity; and ty revenue described in clause (ii). owed producers by a processor that forfeits ‘‘(3) has satisfied any liens. ‘‘(i) TARGET COUNTY REVENUE.—The target of any sugar pledged as collateral for a county revenue shall equal to the product nonrecourse loan shall be reduced in propor- AMENDMENT NO. 3353 of— tion to the loan forfeiture penalty incurred On page 4–29, strike lines 21 and 22 and in- ‘‘(I) the five year average county yield for by the processor. sert the following: the contract commodity, excluding the year (g) INFORMATION REPORTING.— (i) by striking ‘‘exceed 15 percent’’ and all in which the average yield was the highest (1) DUTY OF PROCESSORS AND REFINERS TO that follows through ‘‘Code’’ and inserting and the lowest; and REPORT.—A sugarcane processor, cane sugar the following: ‘‘exceed— ‘‘(II) the established price for the commod- refiner, and sugar beet processor shall fur- ‘‘(i) 25 percent of the median acreage of the ity for the 1995 crop. nish the Secretary, on a monthly basis, such farms or ranches, as the case may be, in the ‘‘(ii) CURRENT COUNTY REVENUE.—The cur- information as the Secretary may require to county in which the farm or ranch oper- rent county revenue shall equal the product administer sugar programs, including the ations of the applicant are located, as re- of— quantity of purchases of sugarcane, sugar ported in the most recent census of agri- ‘‘(I) the average price for the contract com- beets, and sugar, and production, importa- culture taken under section 142 of title 13, modity for the first five months of the mar- tion, distribution, and stock levels of sugar. United States Code; and keting year; and S 966 CONGRESSIONAL RECORD — SENATE February 6, 1996 ‘‘(II) the county average yield for the con- to amendment No. 3252 submitted by Mr. HARKIN submitted two amend- tract commodity. Mr. LUGAR to the bill S. 1541, supra; as ments intended to be proposed by him ‘‘(iii) LIMITATION.—The final payment shall follows: to an amendment proposed by Mr. be reduced by the advanced payment, but in In Section 547(e)(3) of Subtitle B—Amend- LEAHY to the bill S. 1541, supra; as fol- no case shall the final payment be less than ments to the Consolidated Farm and Rural lows: zero.’’ Development Act of Title V—Rural Develop- AMENDMENT NO. 3362 (4) in section 104(b) by striking paragraphs ment of Amendment #3252 submitted by Sen- (1)(A)(ii), (2)(A)(ii), (3)(B), and (4)(B). ator Lugar, strike ‘‘, and rural businesses’’. Strike section 505 and insert the following: ‘‘SEC. 505. EXPORT ENHANCEMENT PROGRAM. CONRAD (AND HEFLIN) LEVIN AMENDMENTS NOS. 3359–3361 ‘‘Notwithstanding section 203, the Com- AMENDMENT NO. 3356 modity Credit Corporation shall make avail- (Ordered to lie on the table.) able to carry out the program established (Ordered to lie on the table.) Mr. LEVIN submitted three amend- under the Agricultural Trade Act of 1978 (7 Mr. CONRAD (for himself and Mr. ments intended to be proposed by him U.S.C. 5651(e)(1)) not more than: HEFLIN) submitted an amendment in- to amendment No. 3184 proposed by Mr. ‘‘(A) $312,857,144 for fiscal year 1996; tended to be proposed by him to LEAHY to the bill S. 1541, supra; as fol- ‘‘(B) $312,857,144 for fiscal year 1997; amendment No. 3252 submitted by Mr. lows: ‘‘(C) $462,857,144 for fiscal year 1998; ‘‘(D) $512,857,144 for fiscal year 1999; LUGAR to the bill S. 1541, supra; as fol- AMENDMENT NO. 3359 ‘‘(E) $541,857,144 for fiscal year 2000; lows: At the appropriate place in the title relat- ‘‘(F) $440,857,144 for fiscal year 2001; and Beginning on page 5–86, strike line 11 and ing to agricultural trade, insert the follow- ‘‘(G) $440,857,144 for fiscal year 2002.’’ all that follows through page 5–87, line 11, ing: and insert the following: SEC. . ELIGIBILITY AND ADMINISTRATIVE RE- AMENDMENT NO. 3363 ‘‘(3) RURAL BUSINESS AND COOPERATIVE DE- QUIREMENTS OF THE MARKET PRO- On page 5–10, strike line 8 and all that fol- MOTION PROGRAM. VELOPMENT.—The rural business and cooper- lows through line 15. ative development category shall include Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is amended by adding at funds made available for— HARKIN AMENDMENT NO. 3364 ‘‘(A) rural business opportunity grants pro- the end the following: ‘‘(h) ELIGIBILITY AND ADMINISTRATIVE RE- vided under section 306(a)(11)(A); (Ordered to lie on the table.) QUIREMENTS.—As a criterion of eligibility for ‘‘(B) business and industry guaranteed participation in the market promotion pro- Mr. HARKIN submitted an amend- loans provided under section 310B(a)(1); and gram, the Secretary may not require— ment intended to be proposed by him ‘‘(C) rural business enterprise grants and ‘‘(1) a commodity organization to establish to the bill S. 1541, supra; as follows: rural educational network grants provided or support a full-time administrative office Section 104(b) is amended by adding at the under section 310B(c). in Washington, D.C., or elsewhere; or end the following: ‘‘(d) OTHER PROGRAMS.—Subject to sub- ‘‘(2) an organization of producers of a type ‘‘(7) LOCAL LOAN RATES.—The Secretary section (e), in addition to any other appro- of a commodity to contribute a portion of may not reduce the loan rate for a crop in a priated amounts, the Secretary may transfer matching market promotion program ex- county by an amount in excess of 3 percent amounts allocated for a State for any of the penditures of an organization representing of the national loan rate. 3 function categories for a fiscal year under producers of the entire commodity.’’. subsection (c) to— ‘‘(1) mutual and self-help housing grants AMENDMENT NO. 3360 HARKIN AMENDMENTS NOS. 3365– provided under section 523 of the Housing At the end of the title relating to con- 3366 Act of 1949 (42 U.S.C. 1490c); servation, insert the following: (Ordered to lie on the table.) ‘‘(2) rural rental housing loans for existing SEC. . BIOLOGICAL-CONTROL ORGANISMS. Mr. HARKIN submitted two amend- housing provided under section 515 of the (a) GUIDE.—The Administrator of the Envi- Housing Act of 1949 (42 U.S.C. 1485); ments intended to be proposed by him ronmental Protection Agency and the Sec- to amendment No. 3184 proposed by Mr. ‘‘(3) rural cooperative development grants retary of Agriculture shall jointly develop provided under section 310B(e); and and publish a guide to risk criteria, data re- LEAHY to the bill S. 1541, supra; as fol- ‘‘(4) grants to broadcasting systems pro- quirements, and oversight procedures that lows: vided under section 310B(f). apply to importation, movement, introduc- AMENDMENT NO. 3365 tion, testing, and registration or release of On page 1–17, line 21, after ‘‘15 percent’’, in- CONRAD (AND HEFLIN) biological-control organisms or products. sert the following: ‘‘(or in the case of a pro- AMENDMENT NO. 3357 (b) REPORT.—Not later than 3 years after ducer participating in the Integrated Farm the date of enactment of this Act, the Ad- Management Program Option established (Ordered to lie on the table.) ministrator and the Secretary shall make under section 1451 of the Food, Agriculture, Mr. CONRAD (for himself and Mr. recommendations to Congress based on the Conservation, and Trade Act of 1990 (7 U.S.C. HEFLIN) submitted an amendment in- guide for changing the law to improve the 5822), which is authorized to be carried out tended to be proposed by him to an process of registration or release and the through the end of calendar year 2002, 30 per- oversight of biological-control organisms cent)’’. amendment submitted by Mr. LUGAR to and products. an amendment submitted by Mr. AMENDMENT NO. 3366 LEAHY to the bill S. 1541, supra; as fol- AMENDMENT NO. 3361 lows: At the end of the title relating to con- At the appropriate place in title III, insert the following: On page 4–28, strike line 16 and insert the servation, insert the following: following: (U.S.C. 488 et seq.) SEC. . GREAT LAKES SOIL EROSION AND SEDI- SEC. 3 . INTEGRATED FARM MANAGEMENT PRO- GRAM OPTION. ‘‘(IV) LIMITATIONS ON LIQUIDATIONS.—In the MENT CONTROL PROGRAM. Section 1451 of the Food, Agriculture, Con- case of a default by a borrower on a loan (a) ESTABLISHMENT.—The Secretary of Ag- servation, and Trade Act of 1990 (7 U.S.C. made or guaranteed under this title involv- riculture shall establish a Great Lakes Soil Erosion and Sediment Control Program. 5822) is amended— ing a security interest in tribal allotted or (1) in subsection (b)— trust land, the Secretary shall only pursue (b) GRANTS.—Under the Program, the Nat- ural Resources Conservation Service, in con- (A) in paragraph (1), by striking subpara- liquidation after offering to transfer the land graph (A) and inserting the following: to an eligible tribal member, the tribe, or sultation with the Great Lakes Commission (established under Article IV of the Great ‘‘(A) RESOURCE-CONSERVING CROP.—The the Secretary of the Interior. If the Sec- Lakes Compact of which Congress granted term ‘resource-conserving crop’ means— retary subsequently proceeds to liquidate consent in the Act of July 24, 1968, Public ‘‘(i)(I) any legume, grass, brassica cover the loan, the Secretary shall not transfer or Law 90–419) shall provide grants to persons to crop or forage, or alternative crop; and otherwise dispose of or alienate the land ex- demonstrate innovative approaches to con- ‘‘(II) any interseeded or relay-planted com- cept to 1 of the persons described in the pre- trolling and reducing the loss of soil in the bination of a crop described in subclause (I); ceding sentence. The Secretary shall not be Great Lakes Basin. ‘‘(ii) any interseeded or relay-planted com- required to make any payment in lieu of (c) AUTHORIZATION.—There is authorized to bination of a crop described in subclause (I) taxes on property held under this be appropriated to carry out this section a and a small grain; and subclause.’’; total of $5,000,000 for fiscal years 1996 ‘‘(iii) such other crops as the Secretary through 2001. may designate.’’; and CONRAD AMENDMENT NO. 3358 (B) in paragraph (2)— HARKIN AMENDMENTS NOS. 3362– (i) by striking subparagraph (B) and insert- (Ordered to lie on the table.) ing the following: 3363 Mr. CONRAD submitted an amend- ‘‘(B) LEGUME.—The term ‘legume’ means ment intended to be proposed by him (Ordered to lie on the table.) any legume grown for use as a forage, green February 6, 1996 CONGRESSIONAL RECORD — SENATE S 967

manure, or biomass feedstock, but not in- AMENDMENT NO. 3369 (ii) less than 25 percent but not less than cluding any pulse crop from which seeds are On page 1–26, strike line 16 and all that fol- 12.5 percent, the Secretary may reduce the harvested and sold for a purpose other than lows through line 25 and insert the following: loan rate for corn for the corresponding crop use as seed for planting.’’; (6) OILSEEDS.— by an amount not to exceed 5 percent in any (ii) in subparagraph (D), by striking (A) SOYBEANS.—The loan rate for a mar- year; or ‘‘grown in arid and semiarid regions’’; and keting assistance loan for soybeans shall (iii) less than 12.5 percent the Secretary (iii) by adding at the end the following: be— may not reduce the loan rate for corn for the ‘‘(E) SPECIAL CONSERVATION PRACTICE.—The Not less than 85 percent of the simple aver- corresponding crop. term ‘special conservation practice’ means age price received by producers of soybeans, (C) NO EFFECT ON FUTURE YEARS.—Any re- establishment of— as determined by the Secretary, during the duction in the loan rate for corn under sub- ‘‘(i) a field border, contour grass strip, marketing years for the immediately preced- paragraph (B) shall not be considered in de- grass waterway, filterstrip, grass windbreak, ing 5 crops of soybeans, excluding the year in termining the loan rate for corn for subse- buffer area, wildlife habitat planting, or which the average price was the highest and quent years. habitat planting for beneficial organisms the year in which the average price was the (D) OTHER FEED GRAINS.—The loan rate for that aid in the control of pests; and lowest in the period. a marketing assistance loan for grain sor- ‘‘(ii) such other practices as the Secretary (B) SUNFLOWER SEED, CANOLA, RAPESEED, ghum, barley, and oats, respectively, shall be may designate.’’; established at such level as the Secretary de- SAFFLOWER, MUSTARD SEED, AND FLAXSEED.— (2) in subsection (d), by striking ‘‘1995’’ and The loan rate for a marketing assistance termines is fair and reasonable in relation to inserting ‘‘2002’’; loan for sunflower seed, canola, rapeseed, the rate that loans are made available for (3) in subsection (f)— corn, taking into consideration the feeding (A) in paragraph (2), by inserting ‘‘or spe- safflower, mustard seed, and flaxseed shall be— value of the commodity in relation to corn. cial conservation practice’’ and ‘‘rotation’’; (3) UPLAND COTTON.— Not less than 85 percent of the simple aver- and (A) LOAN RATE.—Subject to subparagraph age price received by producers of sunflower (B) in paragraph (3), by inserting ‘‘or spe- (B), the loan rate for a marketing assistance seed, as determined by the Secretary, during cial conservation practice’’ after ‘‘rotation’’; loan for upland cotton shall be established the marketing years for the immediately and (4) in subsection (h)— by the Secretary at such loan rate, per preceding 5 crops of sunflower seed, exclud- (A) in paragraph (5)(A), by striking ‘‘such pound, as will reflect for the base quality of ing the year in which the average price was acreage’’ each place it appears and inserting upland cotton, as determined by the Sec- the highest and the year in which the aver- ‘‘any such acreage in excess of 30 percent of retary, at average locations in the United age price was the lowest in the period. the crop acreage bases enrolled in the pro- States a rate that is not less than the small- gram’’; and er of— AMENDMENT NO. 3370 (B) by striking paragraph (7). (i) 85 percent of the average price (weight- Beginning on page 1–21, strike line 5 and ed by market and month) of the base quality HARKIN AMENDMENT NO. 3367 all that follows through page 1–26, line 25, of cotton as quoted in the designated United and insert the following: States spot markets during 3 years of the 5- (Ordered to lie on the table.) (1) WHEAT.— year period ending July 31 in the year in Mr. HARKIN submitted an amend- (A) LOAN RATE.—Subject to subparagraph which the loan rate is announced, excluding ment intended to be proposed by him (B), the loan rate for a marketing assistance the year in which the average price was the to the bill S. 1541, supra; as follows: loan for wheat shall be not less than 90 per- highest and the year in which the average Section 314 is amended by striking ‘‘(ii) cent of the simple average price received by price was the lowest in the period; or 10,000 beef cattle’’ and all that follows producers of wheat, as determined by the (ii) 90 percent of the average, for the 15- through ‘‘lambs;’’ and inserting the follow- Secretary, during the marketing years for week period beginning July 1 of the year in ing: the immediately preceding 5 crops of wheat, which the loan rate is announced, of the 5 ‘‘(ii) 1,000 beef cattle; excluding the year in which the average lowest-priced growths of the growths quoted ‘‘(iii) 100,000 laying hens or broilers; price was the highest and the year in which for Middling 13⁄32-inch cotton C.I.F. Northern ‘‘(iv) 55,000 turkeys; the average price was the lowest in the pe- Europe (adjusted downward by the average ‘‘(v) 2,500 swine; or riod. difference during the period April 15 through ‘‘(vi) 10,000 sheep or lambs.’’ (B) STOCKS TO USE RATIO ADJUSTMENT.—If October 15 of the year in which the loan is the Secretary estimates for any marketing announced between the average Northern HARKIN AMENDMENTS NOS. 3368– year that the ratio of ending stocks of wheat European price quotation of such quality of to total use for the marketing year will be— 3372 cotton and the market quotations in the des- (i) equal to or greater than 30 percent, the ignated United States spot markets for the (Ordered to lie on the table.) Secretary may reduce the loan rate for base quality of upland cotton), as determined Mr. HARKIN submitted five amend- wheat for the corresponding crop by an by the Secretary. ments intended to be proposed by him amount not to exceed 10 percent in any year; (B) LIMITATIONS.—The loan rate for a mar- to an amendment proposed by Mr. (ii) less than 30 percent but not less than 15 keting assistance loan for upland cotton percent, the Secretary may reduce the loan shall not be less than $0.50 per pound or more LEAHY to the bill S. 1541, supra; as fol- rate for wheat for the corresponding crop by than $0.5192 per pound. lows: an amount not to exceed 5 percent in any (4) EXTRA LONG STAPLE COTTON.—The loan AMENDMENT NO. 3368 year; or rate for a marketing assistance loan for On page 1–26, strike line 16 and all that fol- (iii) less than 15 percent, the Secretary extra long staple cotton shall be— lows through line 25 and insert the following: may not reduce the loan rate for wheat for (A) not less than 85 percent of the simple (6) OILSEEDS.— the corresponding crop. average price received by producers of extra (A) SOYBEANS.—The loan rate for a mar- (C) NO EFFECT ON FUTURE YEARS.—Any re- long staple cotton, as determined by the Sec- keting assistance loan for soybeans shall duction in the loan rate for wheat under sub- retary, during 3 years of the 5 previous mar- be— paragraph (B) shall not be considered in de- keting years, excluding the year in which Not less than 90 percent of the simple aver- termining the loan rate for wheat for subse- the average price was the highest and the age price received by producers of soybeans, quent years. year in which the average price was the low- as determined by the Secretary, during the (2) FEED GRAINS.— est in the period; but marketing years for the immediately preced- (A) LOAN RATE FOR CORN.—Subject to sub- (B) not more than $0.7965 per pound. ing 5 crops of soybeans, excluding the year in paragraph (B), the loan rate for a marketing (5) RICE.—The loan rate for a marketing which the average price was the highest and assistance loan for corn shall be not less assistance loan for rice shall be $6.50 per the year in which the average price was the than 90 percent of the simple average price hundredweight. lowest in the period. received by producers of corn, as determined (6) OILSEEDS.— (B) SUNFLOWER SEED, CANOLA, RAPESEED, by the Secretary, during the marketing (A) SOYBEANS.—The loan rate for a mar- SAFFLOWER, MUSTARD SEED, AND FLAXSEED.— years for the immediately preceding 5 crops keting assistance loan for soybeans shall The loan rate for a marketing assistance of corn, excluding the year in which the av- be— loan for sunflower seed, canola, rapeseed, erage price was the highest and the year in Not less than 90 percent of the simple aver- safflower, mustard seed, and flaxseed shall which the average price was the lowest in age price received by producers of soybeans, be— the period. as determined by the Secretary, during the Not less than 90 percent of the simple aver- (B) STOCKS TO USE RATIO ADJUSTMENT.—If marketing years for the immediately preced- age price received by producers of sunflower the Secretary estimates for any marketing ing 5 crops of soybeans, excluding the year in seed, as determined by the Secretary, during year that the ratio of ending stocks of corn which the average price was the highest and the marketing years for the immediately to total use for the marketing year will be— the year in which the average price was the preceding 5 crops of sunflower seed, exclud- (i) equal to or greater than 25 percent, the lowest in the period. ing the year in which the average price was Secretary may reduce the loan rate for corn (B) SUNFLOWER SEED, CANOLA, RAPESEED, the highest and the year in which the aver- for the corresponding crop by an amount not SAFFLOWER, MUSTARD SEED, AND FLAXSEED.— age price was the lowest in the period. to exceed 10 percent in any year; The loan rate for a marketing assistance S 968 CONGRESSIONAL RECORD — SENATE February 6, 1996 loan for sunflower seed, canola, rapeseed, ‘‘(A) designing and developing new foods, (2) to provide a partnership management safflower, mustard seed, and flaxseed shall and improving food production and process- framework to assist volunteer associations, be— ing, to improve the nutritional quality of the private businesses, political subdivisions of Not less than 90 percent of the simple aver- food supply with considerations for the State, and the State of Iowa in develop- age price received by producers of sunflower consumer preferences and economic factors; ing and implementing Management Plan seed, as determined by the Secretary, during ‘‘(B) identifying the food components and policies and programs that will assist in the the marketing years for the immediately other factors in agricultural commodities interpretation, retention, enhancement, and preceding 5 crops of sunflower seed, exclud- and food products that affect nutrient promotion of the cultural, natural, and rec- ing the year in which the average price was bioavailability, nutrient utilization and reational resources of northeast Iowa; the highest and the year in which the aver- health maintenance; (3) to allow for local, State, and Federal age price was the lowest in the period. ‘‘(C) evaluating nutrient utilization and contributions through limited grants and function to determine which nutrients technical assistance to create America’s Ag- should be emphasized in designing new foods AMENDMENT NO. 3371 ricultural Heritage Partnership through co- and making food selection recommendations; Beginning on page 1–21, strike line 5 and operative agreements among volunteer asso- and all that follows through page 1–23, line 3, and ‘‘(D) identifying the determinants of food ciations, private businesses, political sub- insert the following: selection and consumption and developing divisions of the State, the State of Iowa, and (1) WHEAT.— educational strategies for improving food se- residents of the area; and (A) LOAN RATE.—Subject to subparagraph lection and consumption patterns. (4) to provide for an economically self-sus- (B), the loan rate for a marketing assistance ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— taining Partnership for the educational and loan for wheat shall be not less than 85 per- There are authorized to be appropriated such inspirational benefit of current and future cent of the simple average price received by sums as are necessary to carry out this sec- generations concerning the story of Amer- producers of wheat, as determined by the tion for fiscal years 1996 through 2002.’’. ican agriculture. Secretary, during the marketing years for (c) DEFINITIONS. As used in this Act: the immediately preceding 5 crops of wheat, HARKIN AMENDMENT NO. 3373 excluding the year in which the average (1) PARTNERSHIP.—The term ‘‘Partnership’’ price was the highest and the year in which (Ordered to lie on the table.) means the America’s Agricultural Heritage the average price was the lowest in the pe- Mr. HARKIN submitted an amend- Partnership as established by section 3(a). riod. ment intended to be proposed by him (2) MANAGEMENT ENTITY.—The term ‘‘man- (B) STOCKS TO USE RATIO ADJUSTMENT.—If to amendment No. 3252 submitted by agement entity’’ means the management en- the Secretary estimates for any marketing Mr. LUGAR to amendment No. 3184 pro- tity as established by section 4(a). (3) POLITICAL SUBDIVISION.—The term ‘‘po- year that the ratio of ending stocks of wheat posed by Mr. LEAHY to the bill S. 1541, litical subdivision’’ means a political sub- to total use for the marketing year will be— supra; as follows: (i) equal to or greater than 30 percent, the division of the State of Iowa, any part of At the appropriate place insert the follow- Secretary may reduce the loan rate for which is located in or adjacent to the area in ing new section: wheat for the corresponding crop by an which the Partnership’s Activities occur, in- amount not to exceed 10 percent in any year; SEC. . AMERICA’S AGRICULTURAL HERITAGE cluding a county, city, or town. PARTNERSHIP. (ii) less than 30 percent but not less than 15 (4) STATE.—The term ‘‘State’’ means the (a) FINDINGS AND PURPOSE.— State of Iowa. percent, the Secretary may reduce the loan The Congress finds that— (5) SECRETARY.—The term ‘‘Secretary’’ rate for wheat for the corresponding crop by (1) the city of Waterloo, Iowa, and north- means the Secretary of Agriculture. an amount not to exceed 5 percent in any east Iowa of the State possess many impor- (6) PARTNERSHIP MANAGEMENT PLAN.—The year; or tant elements of the nationally significant term ‘‘Partnership Management Plan’’ (iii) less than 15 percent, the Secretary story of American agriculture, including Na- means the plan as established in section 5(a). may not reduce the loan rate for wheat for tive American agriculture, agricultural (7) ACTIVITIES.—The term ‘‘activities’’ the corresponding crop. mechanization, seed hybridization, farm co- means the activities limited in section 3(b). (C) NO EFFECT ON FUTURE YEARS.—Any re- operative movements, rural electrification, (d) ESTABLISHMENT OF THE AMERICA’S AGRI- duction in the loan rate for wheat under sub- farm-to-market systems, rural to urban mi- CULTURAL HERITAGE PARTNERSHIP. paragraph (B) shall not be considered in de- gration, veterinary practice, food processing termining the loan rate for wheat for subse- (1) ESTABLISHMENT.—To carry out this Act, and preservation, national farm organiza- there is established in the State of Iowa the quent years. tions, international hunger relief, and the (2) FEED GRAINS.— America’s Agricultural Heritage Partnership development of national and international upon publication by the Secretary in the (A) LOAN RATE FOR CORN.—Subject to sub- agribusiness; paragraph (B), the loan rate for a marketing Federal Register of notice that a Partnership (2) these resources offer outstanding and Management Plan has been approved by the assistance loan for corn shall be not less unique opportunities to acknowledge and ap- than 85 percent of the simple average price Secretary. preciate the development of American agri- (2) ACTIVITIES.—The Partnership’s activi- received by producers of corn, as determined culture; by the Secretary, during the marketing ties shall be limited to the counties of north- (3) the National Park Service has deter- east Iowa that are generally depicted in ‘‘Al- years for the immediately preceding 5 crops mined that the story of American agri- of corn, excluding the year in which the av- ternatives #2 and #3’’ described in the 1995 culture is nationally significant, that north- National Park Service ‘‘Special Resource erage price was the highest and the year in east Iowa is an ideal place to tell that story, which the average price was the lowest in Study, Cedar Valley, Iowa.’’. and that this story could be divided into 4 (3) PARTICIPATION.—Nothing in this Act the period. principal topics for interpretation in north- shall require any resident located in the area east Iowa: the Amazing Science of Agri- AMENDMENT NO. 3372 in which the Partnership’s activities occur culture, Agriculture as a Way of Life, Orga- to participate in or be associated with the At the appropriate place insert the follow- nizing for Survival, and Crops from Field to Partnership or the Partnership’s activities. ing new section: Table; (4) AFFILIATIONS.—Nothing in this Act SEC. . RESEARCH PROGRAM FOR DESIGNING (4) the responsibility for interpreting, re- shall prohibit future affiliations or designa- FOODS TO IMPROVE HUMAN NUTRI- taining, enhancing, and promoting the re- TION. tions of the Partnership or Partnership Man- sources, values, and amenities of Waterloo, Section 1427 of the National Agricultural agement Entity. Iowa and northeast Iowa resides with volun- (5) GRANTS, TECHNICAL ASSISTANCE, AND Research, Extension, and Teaching Policy teer associations, private businesses, politi- COOPERATIVE AGREEMENTS.— Act of 1977 (7 U.S.C. 3177) is amended to read cal subdivisions of the State, and the State (A) GRANTS AND TECHNICAL ASSISTANCE.— as follows: of Iowa; and The Secretary may make grants and provide ‘‘SEC. 1427. RESEARCH PROGRAM FOR DESIGN- (5) despite the efforts by volunteer associa- technical assistance to America’s Agricul- ING FOODS TO IMPROVE HUMAN NU- TRITION. tions, private businesses, political subdivi- tural Heritage Partnership to assist it in ‘‘(a) AUTHORITY OF SECRETARY.— sions of the State, and the State of Iowa, the carrying out its purposes. ‘‘(1) IN GENERAL.—The Secretary may es- cultural and historical resources of the area (B) COOPERATIVE AGREEMENTS.—The Sec- tablish, and award grants for projects for, co- have not realized full potential and may be retary is authorized to enter into coopera- ordinated interdisciplinary research into— lost without some assistance from the Fed- tive agreements with private entities, the ‘‘(A) food selection and consumption; eral Government. State of Iowa, or any political subdivision ‘‘(B) the nutritional composition and nu- (b) PURPOSES.—The purposes of this Act thereof, and other Federal entities, to fur- trient utilization of foods; and are— ther the purposes of this Act, the Partner- ‘‘(C) designing and developing new foods (1) to interpret, retain, enhance, and pro- ship, or the Partnership Management Entity. for improving human nutrition and health. mote the unique and significant contribu- (e) ESTABLISHMENT OF THE AMERICA’S AGRI- ‘‘(2) EMPHASIS OF RESEARCH.—In admin- tions to national and international agri- CULTURAL HERITAGE PARTNERSHIP MANAGE- istering human nutrition research projects culture of certain natural, historic, and cul- MENT ENTITY. under this section, the Secretary shall give tural resources within Waterloo, Iowa, and (1) ESTABLISHMENT.—There is established a specific emphasis to— northeast Iowa; management entity for the Partnership February 6, 1996 CONGRESSIONAL RECORD — SENATE S 969 based on the ‘‘Management Option #5’’ out- Sec. 108. Extension of related price support ‘‘(II) an adjustment to reflect any disaster lined in the 1995 National Park Service ‘‘Spe- provisions. or other circumstance beyond the control of cial Resource Study, Cedar Valley, Iowa’’ Sec. 109. Crop insurance administrative fee. the producers that adversely affected produc- and subject to the approval of the Secretary. Sec. 110. Effective date. tion of wheat or feed grains, as determined (2) PARTNERSHIP MANAGEMENT PLAN.—The TITLE II—CONSERVATION by the Secretary; and Partnership management entity shall be es- Sec. 201. Conservation reserve program. ‘‘(III) an adjustment for planting resource tablished in the Partnership Management Sec. 202. Environmental quality incentives conservation crops on the crop acreage base Plan as established in section 5(a). program. for covered commodities, and adopting con- (3) COMPOSITION.—The membership of the TITLE III—NUTRITION ASSISTANCE serving uses, on the base not enrolled in the management entity may include persons af- Sec. 301. Food stamp program. environmental reserve program provided in filiated with the following entities: the Sec. 302. Commodity distribution program; paragraph (6). American Association of Museums, Amer- commodity supplemental food ‘‘(ii) LIMITATIONS.—The quantity deter- ican Farm Bureau, National Farmers Union, program. mined under clause (i) for an individual, di- American Farmland Trust, Effigy Mounds Sec. 303. Emergency food assistance pro- rectly or indirectly, shall not exceed 30,000 National Monument and Herbert Hoover Na- gram. payment bushels of wheat or feed grains and tional Historic Site, Iowa Department of Ag- Sec. 304. Soup kitchens program. may be adjusted by the Secretary to reflect riculture and Land Stewardship, Iowa De- Sec. 305. National commodity processing. the availability of funds. partment of Corrections, Iowa Department of TITLE I—COMMODITY PROGRAMS ‘‘(C) PAYMENT FACTOR.— Cultural Affairs, Iowa Department of Eco- ‘‘(i) WHEAT.—The payment factor for wheat SEC. 101. WHEAT, FEED GRAIN, AND OILSEED nomic Development, National Trust for His- PROGRAM. under subparagraph (A) shall be equal to the toric Preservation, Smithsonian Institution, (a) IN GENERAL.—Title I of the Agricultural difference between a price established by the the State Historic Preservation Office of the Act of 1949 (7 U.S.C. 1441 et seq.) is amended Secretary, of not to exceed $4.00 per bushel, State of Iowa, United States Department of by adding the end the following: and the greater of— Agriculture, United States Department of ‘‘(I) the marketing loan rate for the crop of ‘‘SEC. 116. MARKETING LOANS AND LOAN DEFI- Transportation and the America’s Agricul- CIENCY PAYMENTS FOR 1996 wheat; or tural/Industrial Heritage Landscape, Inc. THROUGH 2002 CROPS OF WHEAT, ‘‘(II) the average domestic price for wheat (f) PARTNERSHIP MANAGEMENT PLAN.— FEED GRAINS, AND OILSEEDS. for the crop for the calendar year in which (1) PREPARATION OF PARTNERSHIP MANAGE- ‘‘(a) DEFINITIONS.—In this section: the crop is normally harvested. MENT PLAN.—A Partnership Management ‘‘(1) COVERED COMMODITIES.—The term ‘cov- ‘‘(ii) CORN.—The payment factor for corn Plan shall be submitted to the Secretary for ered commodities’ means wheat, feed grains, under subparagraph (A) shall be equal to the approval no later than one year after the and oilseeds. difference between a price established by the date of the enactment of this Act. ‘‘(2) FEED GRAINS.—The term ‘feed grains’ Secretary, of not to exceed $2.75 per bushel, (2) ASSISTANCE.—The Secretary may pro- means corn, grain sorghum, barley, oats, and the greater of— vide technical assistance in the preparation millet, rye, or as designated by the Sec- ‘‘(I) the marketing loan rate for the crop of of the Partnership Management Plan. retary, other feed grains. corn; or (g) LAND USE REGULATION AND PRIVATE ‘‘(3) OILSEEDS.—The term ‘oilseeds’ means ‘‘(II) the average domestic price for corn PROPERTY PROTECTION.— soybeans, sunflower seed, rapeseed, canola, for the crop for the calendar year in which (1) REGULATION.—Nothing in this Act shall safflower, flaxseed, mustard seed, or as des- the crop is normally harvested; be construed to modify, enlarge, or diminish ignated by the Secretary, other oilseeds. ‘‘(iii) OTHER FEED GRAINS.—The payment any authority of Federal, State, and local ‘‘(b) ADJUSTMENT ACCOUNT.— factor for other feed grains under subpara- governments to regulate any use of privately ‘‘(1) DEFINITION OF PAYMENT BUSHEL OF PRO- graph (A) shall be established by the Sec- owned land than that provided by current DUCTION.—In this subsection, the term ‘pay- retary at such level as the Secretary deter- law or regulation. ment bushel of production’ means— mines is fair and reasonable in relation to (2) LAND USE.—Nothing in this Act shall be ‘‘(A) in the case of wheat, 7⁄10 of a bushel; the payment factor for corn. construed to grant the powers of zoning, land ‘‘(B) in the case of corn, a bushel; and ‘‘(D) ADVANCE PAYMENT.—The Secretary use or condemnation to the Partnership ‘‘(C) in the case of other feed grains, a shall make available to producers on a farm Management Entity, the Secretary or any quantity determined by the Secretary. 50 percent of the projected payment under other Federal, State, or local government ‘‘(2) ESTABLISHMENT.—The Secretary shall this subsection at the time the producers entity. establish an Adjustment Account (referred agree to participate in the program. (h) AUTHORIZATION.— to in this subsection as the ‘Account’) for ‘‘(6) ENVIRONMENTAL RESERVE PROGRAM.— (1) IN GENERAL.—There is authorized to be making— ‘‘(A) IN GENERAL.—The Secretary may appropriated not more than $400,000 annually ‘‘(A) payments to producers of the 1996 enter into 1 to 5 year contracts with produc- for grants and technical assistance under through 2002 crops of covered commodities ers on a farm referred to in paragraph (2) for sections 3(e)(1) and 5(b). who participate in the marketing loan pro- the purposes of enrolling flexible acreage (2) PERCENT OF COST.—Federal funding gram established under subsection (c); and base for conserving use purposes. under sections 3(e)(1) and 5(b) shall not ex- ‘‘(B) payments to producers of the 1994 and ‘‘(B) LIMITATION.—Flexible acreage base ceed 50 percent of the total cost of the grant 1995 crops of covered commodities that are enrolled in the environmental reserve pro- or technical assistance provided under such authorized, but not paid, under sections 105B gram shall not be eligible for benefits pro- section. and 107B prior to the date of enactment of vided in paragraph (5)(B). this section. ‘‘(c) MARKETING LOANS.— HARKIN AMENDMENT NO. 3374 ‘‘(3) AMOUNT IN ACCOUNT.—The Secretary ‘‘(1) IN GENERAL.—The Secretary shall shall transfer from funds of the Commodity (Ordered to lie on the table.) make available to producers on a farm mar- Credit Corporation into the Account— keting loans for each of the 1996 through 2002 Mr. HARKIN submitted an amend- ‘‘(A) $3,000,000,000 for fiscal year 1996; and ment intended to be proposed by him crops of covered commodities produced on ‘‘(B) $3,900,000,000 for each of fiscal years the farm. to amendment No. 3184 proposed by Mr. 1997 through 2002; ‘‘(2) ELIGIBILITY.— LEAHY to the bill S. 1541, supra; as fol- to remain available until expended. ‘‘(A) IN GENERAL.—To be eligible for a loan lows: ‘‘(4) PAYMENTS.—The Secretary shall use under this subsection, the producers on a Strike all after the enacting clause and in- funds in the Account to make payments to farm may not plant covered commodities on sert the following: producers of wheat and feed grains in accord- the farm in excess of the flexible acreage SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ance with this subsection. base of the farm determined under section ‘‘(5) TIER 1 SUPPORT.— 502. (a) SHORT TITLE.—This Act may be cited as the ‘‘Farm Security Act of 1996’’. ‘‘(A) IN GENERAL.—The producers on a farm ‘‘(B) AMOUNT.—The Secretary shall provide (b) TABLE OF CONTENTS.—The table of con- referred to in paragraph (2) shall be entitled marketing loans for their normal production tents of this Act is as follows: to a payment computed by multiplying— of covered commodities produced on a farm. ‘‘(i) the payment quantity determined ‘‘(3) LOAN RATE.— Sec. 1. Short title; table of contents. under subparagraph (B); by ‘‘(A) IN GENERAL.—Loans made under this TITLE I—COMMODITY PROGRAMS ‘‘(ii) the payment factor determined under subsection shall be made at the rate of 90 Sec. 101. Wheat, feed grain, and oilseed pro- subparagraph (C). percent of the average price for the commod- gram. ‘‘(B) PAYMENT QUANTITY.— ity for the previous 5 crop years, as deter- Sec. 102. Upland cotton program. ‘‘(i) IN GENERAL.—Subject to clause (ii), the mined by the Secretary. Sec. 103. Rice program. payment quantity for payments under sub- ‘‘(B) ADJUSTMENTS.—For each of the 1996 Sec. 104. Peanut program. paragraph (A) shall be determined by the through 2002 crops of covered commodities, Sec. 105. Dairy program. Secretary based on— the Secretary may not adjust local loan Sec. 106. Sugar program. ‘‘(I) 90 percent of the 5-year average of the rates by a factor greater than 3 percent of Sec. 107. Suspension of permanent price sup- quantity of wheat and feed grains produced the national loan rate. port authority. on the farm; ‘‘(4) REPAYMENT.— S 970 CONGRESSIONAL RECORD — SENATE February 6, 1996

‘‘(A) CALCULATION.—Producers on a farm ‘‘(2) FEED GRAINS.—The term ‘feed grains’ striking ‘‘85 percent’’ and inserting ‘‘80 per- may repay loans made under this subsection means corn, grain sorghum, barley, oats, cent for each of the 1998 through 2002 crops’’. for a crop at a level that is the lesser of— millet, rye, or as designated by the Sec- (c) ADVANCE PAYMENT.—Section 101B(c)(1) ‘‘(i) the loan level determined for the crop; retary, other feed grains. of the Act is amended by adding at the end or ‘‘(3) GO CROPS.—The term ‘GO crops’ means the following: ‘‘(ii) the prevailing domestic market price wheat, feed grains, and oilseeds. ‘‘(F) ADVANCE PAYMENT.—The Secretary for the commodity (adjusted to location and ‘‘(4) OILSEEDS.—The term ‘oilseed’ means a shall make available to producers on a farm quality), as determined by the Secretary. crop of soybeans, sunflower seed, rapeseed, 50 percent of the projected payment under ‘‘(B) PREVAILING DOMESTIC MARKET PRICE.— canola, safflower, flaxseed, mustard seed, or, this subsection at the time the producers The Secretary shall prescribe by regula- if designated by the Secretary, other oil- agree to participate in the program.’’. tion— seeds. SEC. 104. PEANUT PROGRAM. ‘‘(i) a formula to determine the prevailing ‘‘(5) PROGRAM CROP.—The term ‘program (a) EXTENSION.— domestic market price for each covered com- crop’ means a GO crop and a crop of upland (1) AGRICULTURAL ACT OF 1949.—Section 108B modity; and cotton or rice.’’. of the Agricultural Act of 1949 (7 U.S.C. ‘‘(ii) a mechanism by which the Secretary (2) CROP ACREAGE BASES.—Section 503(a) of 1445c–3) is amended— the Act (7 U.S.C. 1463(a)) is amended by shall announce periodically the prevailing (A) in the section heading, by striking domestic market prices established under striking paragraph (1) and inserting the fol- ‘‘1997’’ and inserting ‘‘2002’’; this subsection. lowing: (B) in subsection (a)(1), (b)(1), and (h), by ‘‘(d) LOAN DEFICIENCY PAYMENTS.— ‘‘(1) IN GENERAL.— striking ‘‘1997’’ each place it appears and in- ‘‘(1) IN GENERAL.—The Secretary may, for ‘‘(A) GO CROPS.—The Secretary shall pro- serting ‘‘2002’’; and each of the 1996 through 2002 crops of covered vide for the establishment and maintenance (C) in subsection (g)— commodities, make payments (referred to in of a single crop acreage base for GO crops, (i) by striking ‘‘1997’’ in paragraphs (1) and this subsection as ‘loan deficiency pay- including any GO crops produced under an (2)(A)(ii)(II) and inserting ‘‘2002’’; and ments’) available to producers who, although established practice of double cropping. (ii) by striking ‘‘the 1997 crop’’ each place eligible to obtain a marketing loan under ‘‘(B) COTTON AND RICE.—The Secretary it appears and inserting ‘‘each of the 1997 subsection (c), agree to forgo obtaining the shall provide for the establishment and through 2002 crops’’. loan in return for payments under this sub- maintenance of crop acreage bases for cotton (2) AGRICULTURAL ADJUSTMENT ACT OF section. and rice crops, including any program crop 1938.—Part VI of subtitle B of title III of the ‘‘(2) COMPUTATION.—A payment under this produced under an established practice of Agricultural Adjustment Act of 1938 is subsection shall be computed by multiply- double cropping.’’. amended— ing— SEC. 102. UPLAND COTTON PROGRAM. (A) in section 358–1 (7 U.S.C. 1358–1)— ‘‘(A) the loan payment rate; by (a) EXTENSION.—Section 103B of the Agri- (i) in the section heading, by striking ‘‘(B) the quantity of a covered commodity cultural Act of 1949 (7 U.S.C. 1444–2) is ‘‘ ’’ and inserting ‘‘ ’’; and the producer is eligible to place under loan amended— 1997 2002 (ii) in subsections (a)(1), (b), and (f), by but for which the producer forgoes obtaining (1) in the section heading, by striking striking ‘‘1997’’ each place it appears and in- the loan in return for payments under this ‘‘1997’’ and inserting ‘‘2002’’; serting ‘‘2002’’; subsection. (2) in subsections (a)(1), (b)(1), (c)(1), and (B) in section 358b (7 U.S.C. 1358b)— ‘‘(3) LOAN PAYMENT RATE.— (o), by striking ‘‘1997’’ each place it appears (i) in the section heading, by striking ‘‘(A) IN GENERAL.—For the purposes of this and inserting ‘‘2002’’; ‘‘ ’’ and inserting ‘‘ ’’; and subsection, the loan payment rate shall be (3) in subsection (a)(5), by striking ‘‘1998’’ 1995 2002 (ii) in subsection (c), by striking ‘‘1995’’ the amount by which— each place it appears and inserting ‘‘2002’’; and inserting ‘‘2002’’; ‘‘(i) the marketing loan rate determined (4) in the heading of subsection (C) in section 358c(d) (7 U.S.C. 1358c(d)), by for the crop under subsection (c)(3); exceeds (c)(1)(D)(v)(II), by striking ‘‘1997’’ and insert- striking ‘‘1995’’ and inserting ‘‘2002’’; and ‘‘(ii) the level at which a loan may be re- ing ‘‘2002’’; (D) in section 358e (7 U.S.C. 1359a)— paid under subsection (c)(4). (5) in subsection (e)(1)(D), by striking ‘‘the (i) in the section heading, by striking ‘‘(B) DATE.—The date on which the calcula- 1997 crop’’ and inserting ‘‘each of the 1997 ‘‘ ’’ and inserting ‘‘ ’’; and tion required under subparagraph (A) for the through 2002 crops’’; and 1997 2002 (ii) in subsection (i), by striking ‘‘1997’’ and producers on a farm shall be determined by (6) in subsections (e)(3)(A) and (f)(1), by inserting ‘‘2002’’. the producers, except that the date may not striking ‘‘1995’’ each place it appears and in- (b) SUPPORT RATES FOR PEANUTS.—Section be later than the earlier of— serting ‘‘2002’’. ‘‘(i) the date the producers lost beneficial (b) INCREASE IN NONPAYMENT ACRES.—Sec- 108B(a)(2) of the Agricultural Act of 1949 (7 interest in the crop; or tion 103B(c)(1)(C) of the Act is amended by U.S.C. 1445c–3(a)(2)) is amended— ‘‘(ii) the end of the marketing year for the striking ‘‘85 percent’’ and inserting ‘‘80 per- (1) by striking ‘‘(2) SUPPORT RATES.—The’’ crop. cent for each of the 1996 through 2002 crops’’. and inserting the following: ‘‘(4) APPLICATION.—Producers on a farm (c) ADVANCE PAYMENT.—Section 103B(c)(1) ‘‘(2) SUPPORT RATES.— may apply for a payment for a covered com- of the Act is amended by adding at the end ‘‘(A) 1991–1995 CROPS.—The’’; and modity under this subsection at any time the following: (2) by adding at the end the following: prior to the end of the marketing year for ‘‘(F) ADVANCE PAYMENT.—The Secretary ‘‘(B) 1996–2002 CROPS.—The national aver- the commodity. shall make available to producers on a farm age quota support rate for each of the 1996 ‘‘(e) EQUITABLE RELIEF.—If the failure of a 50 percent of the projected payment under through 2002 crops of quota peanuts shall be producer to comply fully with the terms and this subsection at the time the producers $678 per ton.’’. conditions of programs conducted under this agree to participate in the program.’’. (c) UNDERMARKETINGS.— section precludes the making of loans and SEC. 103. RICE PROGRAM. (1) IN GENERAL.—Section 358–1(b) of the Ag- payments, the Secretary may, nevertheless, (a) EXTENSION.—Section 101B of the Agri- ricultural Adjustment Act of 1938 (7 U.S.C. make the loans and payments in such cultural Act of 1949 (7 U.S.C. 1441–2) is 1358–1(b)) is amended— amounts as the Secretary determines are eq- amended— (A) in paragraph (7), by adding at the end uitable in relation to the seriousness of the (1) in the section heading, by striking the following:: failure. ‘‘1995’’ and inserting ‘‘2002’’; ‘‘(C) TRANSFER OF ADDITIONAL PEANUTS.— ‘‘(f) COMMODITY CREDIT CORPORATION.—The (2) in subsections (a)(1), (a)(3), (b)(1), Additional peanuts on a farm from which the Secretary shall carry out the program au- (c)(1)(A), (c)(1)(B)(iii), (e)(3)(A), (f)(1), and (n), quota poundage was not harvested or mar- thorized by this section through the Com- by striking ‘‘1995’’ each place it appears and keted may be transferred to the quota loan modity Credit Corporation. inserting ‘‘2002’’; pool for pricing purposes at the quota price ‘‘(g) ASSIGNMENT OF PAYMENTS.—The provi- on such basis as the Secretary shall be regu- sions of section 8(g) of the Soil Conservation (3) in subsection (a)(5)(D)(i), by striking lation provide, except that the poundage of and Domestic Allotment Act (16 U.S.C. ‘‘1996’’ and inserting ‘‘2003’’; and the peanuts so transferred shall not exceed 590h(g)) (relating to assignment of payments) (4) in subsection (c)(1)— shall apply to payments under this section. (A) in subparagraph (B)(ii)— the difference in the total quantity of pea- ‘‘(h) TENANTS AND SHARECROPPERS.—In car- (i) by striking ‘‘AND 1995’’ and inserting nuts meeting quality requirements for do- rying out this section, the Secretary shall ‘‘THROUGH 2002’’; and mestic edible use, as determined by the Sec- provide adequate safeguards to protect the (ii) by striking ‘‘and 1995’’ and inserting retary, marketed from the farm and the interest of tenants and sharecroppers. ‘‘through 2002’’; and total farm poundage quota.’’; and ‘‘(i) CROPS.—This section shall be effective (B) in subparagraph (D)— (B) by striking paragraphs (8) and (9). only for the 1996 through 2002 crops of a cov- (i) in clauses (i) and (v)(II), by striking (2) CONFORMING AMENDMENTS.—Section ered commodity.’’. ‘‘1997’’ each place it appears and inserting 358b(a) of the Act (7 U.S.C. 1358b(a)) is (b) FLEXIBLE ACREAGE BASE.— ‘‘2002’’; and amended— (1) DEFINITIONS.—Section 502 of the Agri- (ii) in the heading of clause (v)(II), by (A) in paragraph (1)(A), by striking cultural Act of 1949 (7 U.S.C. 1462) is amended striking ‘‘1997’’ and inserting ‘‘2002’’. ‘‘undermarketings and’’; and by striking paragraphs (2) and (3) and insert- (b) INCREASE IN NONPAYMENT ACRES.—Sec- (B) in paragraph (3), by striking ‘‘(includ- ing the following: tion 101B(c)(1)(C)(ii) of the Act is amended by ing any applicable undermarketings)’’. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 971 SEC. 105. DAIRY PROGRAM. determined under this section, if the quan- quent fiscal year, except that the second (a) PRICE SUPPORT.—Section 204 of the Ag- tity of negotiated reductions in export and loan shall— ricultural Act of 1949 (7 U.S.C. 1446e) is domestic subsidies of sugar that apply to the ‘‘(1) be made at the loan rate in effect at amended— European Union and other major countries the time the second loan is made; and (1) in the section heading, by striking in the aggregate exceed the quantity of the ‘‘(2) mature in not more than 9 months, ‘‘1996’’ and inserting ‘‘2002’’; reductions in the subsidies agreed to under less the quantity of time that the first loan (2) in subsections (a), (b), (f), (g), and (k), the Agreement of Agriculture. was in effect. by striking ‘‘1996’’ each place it appears and ‘‘(B) EXTENT OF REDUCTION.—The Secretary ‘‘(j) USE OF COMMODITY CREDIT CORPORA- inserting ‘‘2002’’; and shall not reduce the level of price support TION.—The Secretary shall use the funds, fa- (3) in subsection (h)(2)(C), by striking ‘‘and under subparagraph (A) below a level that cilities, and authorities of the Commodity 1997’’ and inserting ‘‘through 2002’’. provides an equal measure of support to the Credit Corporation to carry out this section. (b) SUPPORT PRICE FOR BUTTER AND POW- level provided by the European Union or any DERED MILK.—Section 204(c)(3) of the Act is other major country through domestic and ‘‘(k) MARKETING ASSESSMENTS.— amended— export subsidies that are subject to reduc- ‘‘(1) IN GENERAL.—Assessments shall be col- (1) in subparagraph (A), by striking ‘‘Sub- tion under the Agreement on Agriculture. lected in accordance with this subsection ject to subparagraph (B), the’’ and inserting ‘‘(2) INCREASES IN SUPPORT LEVEL.—The with respect to all sugar marketed within ‘‘The’’; Secretary may increase the support level for the United States during the 1996 through (2) by striking subparagraph (B); and each crop of domestically grown sugarcane 2002 fiscal years. (3) by redesignating subparagraph (C) as and sugar beets from the level determined ‘‘(2) BEET SUGAR.—The first seller of beet subparagraph (B). for the preceding crop based on such factors sugar produced from domestic sugar beets or (c) SUPPORT RATE.—Section 204(d) of the as the Secretary determines appropriate, in- domestic sugar beet molasses shall remit to Act is amended— cluding changes (during the 2 crop years im- the Commodity Credit Corporation a non- (1) by striking paragraphs (1) through (3); mediately preceding the crop year for which refundable marketing assessment in an (2) by redesignating paragraphs (4) and (5) the determination is made) in the cost of amount equal to 1.1894 percent of the loan as paragraphs (1) and (2) respectively; and sugar products, the cost of domestic sugar level established under subsection (d) per (3) in paragraph (1) (as so redesignated), by production, the amount of any applicable as- pound of sugar marketed. striking ‘‘$10.10’’ and inserting ‘‘$10.35’’. sessments, and other factors or cir- ‘‘(3) CANE SUGAR.—The first seller of raw cane sugar produced from domestic sugar- SEC. 106. SUGAR PROGRAM. cumstances that may adversely affect do- cane or domestic sugarcane molasses shall (a) IN GENERAL.—Section 206 of the Agri- mestic sugar production. remit to the Commodity Credit Corporation cultural Act of 1949 (7 U.S.C. 1446g) is amend- ‘‘(f) LOAN TYPE; PROCESSOR ASSURANCES.— a nonrefundable marketing assessment in an ed to read as follows: ‘‘(1) IN GENERAL.—Subject to paragraph (2), amount equal to 1.11 percent of the loan ‘‘SEC. 206. SUGAR SUPPORT FOR 1996 THROUGH the Secretary shall carry out this section by making recourse loans to sugar producers. level established under subsection (c) per 2002 CROPS. pound of sugar marketed (including the ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) MODIFICATION.—During any fiscal year in which the tariff rate quota for imports of transfer or delivery of the sugar to a refinery ‘‘(1) AGREEMENT ON AGRICULTURE.—The for further processing or marketing). term ‘Agreement on Agriculture’ means the sugar into the United States is established ‘‘(4) COLLECTION.— Agreement on Agriculture resulting from the at, or is increased to, a level that exceeds the ‘‘(A) TIMING.—Marketing assessments re- Uruguay Round of Multilateral Trade Nego- minimum level for the imports committed to by the United States under the Agreement quired under this subsection shall be col- tiations. lected and remitted to the Commodity Cred- ‘‘(2) MAJOR COUNTRY.—The term ‘major on Agriculture, the Secretary shall carry out this section by making nonrecourse loans it Corporation not later than 30 days after country’ includes— the date that the sugar is marketed. ‘‘(A) a country that is allocated a share of available to sugar producers. Any recourse ‘‘(B) MANNER.—Subject to subparagraph the tariff rate quota for imported sugars and loan previously made available by the Sec- retary and not repaid under this section dur- (A), marketing assessments shall be col- syrups by the United States Trade Rep- lected under this subsection in the manner resentative pursuant to additional U.S. note ing the fiscal year shall be converted into a nonrecourse loan. prescribed by the Secretary and shall be non- 5 to chapter 17 of the Harmonized Tariff refundable. Schedule; ‘‘(3) PROCESSOR ASSURANCES.—To effec- ‘‘(5) PENALTIES.—If any person fails to ‘‘(B) a country of the European Union; and tively support the prices of sugar beets and sugarcane received by a producer, the Sec- remit an assessment required by this sub- ‘‘(C) the People’s Republic of China. section or fails to comply with such require- ‘‘(3) MARKET.—The term ‘market’ means to retary shall obtain from each processor that receives a loan under this section such assur- ments for recordkeeping or otherwise fails to sell or otherwise dispose of in commerce in comply with this subsection, the person shall the United States (including, with respect to ances as the Secretary considers adequate that, if the Secretary is required under para- be liable to the Secretary for a civil penalty any integrated processor and refiner, the of not more than an amount determined by movement of raw cane sugar into the refin- graph (2) to make nonrecourse loans avail- able, or convert recourse loans into multiplying— ing process) and delivery to a buyer. ‘‘(A) the quantity of sugar involved in the ‘‘(4) TOTAL ESTIMATED DISAPPEARANCE.— nonrecourse loans, each producer served by the processor will receive the appropriate violation; by The term ‘total estimated disappearance’ ‘‘(B) the loan level for the applicable crop means the quantity of sugar, as estimated by minimum payment for sugar beets and sug- arcane delivered by the producer, as deter- of sugarcane or sugar beets from which the the Secretary, that will be consumed in the sugar is produced. United States during a fiscal year (other mined by the Secretary. than sugar imported for the production of ‘‘(g) ANNOUNCEMENTS.—The Secretary shall For the purposes of this paragraph, refined polyhydric alcohol or to be refined and reex- announce the type of loans available and the sugar shall be treated as produced from ported in refined form or in a sugar-contain- loan rates for beet and cane sugar for any sugar beets. ing product), plus the quantity of sugar that fiscal year under this section as far in ad- ‘‘(6) ENFORCEMENT.—The Secretary may would provide for adequate carryover stocks. vance as is practicable. enforce this subsection in the courts of the ‘‘(b) PRICE SUPPORT.—The price of each of ‘‘(h) LOAN TERM.— United States. the 1996 through 2002 crops of sugar beets and ‘‘(1) IN GENERAL.—Except as provided in ‘‘(l) INFORMATION REPORTING.— sugarcane shall be supported in accordance paragraph (2) and subsection (i), a loan under ‘‘(1) DUTY OF PROCESSORS AND REFINERS TO with this section. this section during any fiscal year shall be REPORT.—A sugarcane processor, cane sugar ‘‘(c) SUGARCANE.—Subject to subsection made available not earlier than the begin- refiner, and sugar beet processor shall fur- (e), the Secretary shall support the price of ning of the fiscal year and shall mature at nish the Secretary, on a monthly basis, such domestically grown sugarcane through loans the end of 3 months. information as the Secretary may require to at a support level of 18 cents per pound for ‘‘(2) EXTENSION.—The maturity of a loan administer sugar programs, including the raw cane sugar. under this section may be extended for up to quantity of purchases of sugarcane, sugar ‘‘(d) SUGAR BEETS.—Subject to subsection 2 additional 3-month periods, at the option of beets, and sugar, and production, importa- (e), the Secretary shall support the price of the borrower, except that the maturity of a tion, distribution, and stock levels of sugar. each crop of domestically grown sugar beets loan may not be extended under this para- ‘‘(2) DUTY OF PRODUCERS TO REPORT.—To ef- through loans at the level provided for re- graph beyond the end of the fiscal year. ficiently and effectively carry out the pro- fined beet sugar produced from the 1995 crop ‘‘(i) SUPPLEMENTARY LOANS.—Subject to gram under this section, the Secretary may of domestically grown sugar beets. subsection (e), the Secretary shall make require a producer of sugarcane or sugar ‘‘(e) ADJUSTMENT IN SUPPORT LEVEL.— available to eligible processors price support beets to report, in the manner prescribed by ‘‘(1) DOWNWARD ADJUSTMENT IN SUPPORT loans with respect to sugar processed from the Secretary, the producer’s sugarcane or LEVEL.— sugar beets and sugarcane harvested in the sugar beet yields and acres planted to sugar- ‘‘(A) IN GENERAL.—The Secretary shall de- last 3 months of a fiscal year. The loans shall cane or sugar beets, respectively. crease the support price of domestically mature at the end of the fiscal year. The ‘‘(3) PENALTY.—Any person willfully failing grown sugarcane and sugar beets from the processor may repledge the sugar as collat- or refusing to furnish the information, or level determined for the preceding crop, as eral for a price support loan in the subse- furnishing willfully any false information, S 972 CONGRESSIONAL RECORD — SENATE February 6, 1996 required under this subsection shall be sub- sions of the Agricultural Adjustment Act of (1) by striking paragraph (5); and ject to a civil penalty of not more than 1938 shall not be applicable to the 1996 (2) by redesignating paragraphs (6) through $10,000 for each such violation. through 2002 crops of peanuts: (10) as paragraphs (5) through (9), respec- ‘‘(4) MONTHLY REPORTS.—Taking into con- (A) Subsections (a) through (j) of section tively. sideration the information received under 358 (7 U.S.C. 1358). SEC. 110. EFFECTIVE DATE. paragraph (1), the Secretary shall publish on (B) Subsections (a) through (h) of section (a) IN GENERAL.—Except as otherwise spe- a monthly basis composite data on produc- 358a (7 U.S.C. 1358a). cifically provided in this title, this title and tion, imports, distribution, and stock levels (C) Subsections (a), (b), (d), and (e) of sec- the amendments made by this title shall of sugar. tion 358d (7 U.S.C. 1359). apply beginning with the 1996 crop of an agri- ‘‘(m) SUGAR ESTIMATES.— (D) Part I of subtitle C of title III (7 U.S.C. cultural commodity. ‘‘(1) DOMESTIC REQUIREMENT.—Before the 1361 et seq.). (b) PRIOR CROPS.—Except as otherwise spe- beginning of each fiscal year, the Secretary (E) Section 371 (7 U.S.C. 1371). cifically provided and notwithstanding any shall estimate the domestic sugar require- (2) REPORTS AND RECORDS.—Effective only other provision of law, this title and the ment of the United States in an amount that for the 1996 through 2002 crops of peanuts, amendments made by this title shall not af- is equal to the total estimated disappear- the first sentence of section 373(a) of the Ag- fect the authority of the Secretary of Agri- ance, minus the quantity of sugar that will ricultural Adjustment Act of 1938 (7 U.S.C. culture to carry out a price support, produc- be available from carry-in stocks. 1373(a)) is amended by inserting before ‘‘all tion adjustment, or payment program for— ‘‘(2) QUARTERLY REESTIMATES.—The Sec- brokers and dealers in peanuts’’ the follow- (1) any of the 1991 through 1995 crops of an retary shall make quarterly reestimates of ing: ‘‘all producers engaged in the production agricultural commodity established under a sugar consumption, stocks, production, and of peanuts,’’. provision of law as in effect immediately be- imports for a fiscal year not later than the (3) SUSPENSION OF CERTAIN PRICE SUPPORT fore the enactment of this Act; or beginning of each of the second through PROVISIONS.—Section 101 of the Agricultural (2) the 1996 crop of an agricultural com- fourth quarters of the fiscal year. Act of 1949 (7 U.S.C. 1441) shall not be appli- modity established under section 406(b) of ‘‘(n) CROPS.—This section shall be effective cable to the 1996 through 2002 crops of pea- only for the 1996 through 2002 crops of sugar the Agricultural Act of 1949 (7 U.S.C. 1426(b)). nuts. beets and sugarcane.’’. TITLE II—CONSERVATION SEC. 108. EXTENSION OF RELATED PRICE SUP- (b) MARKETING QUOTAS.—Part VII of sub- SEC. 201. CONSERVATION RESERVE PROGRAM. title B of title III of the Agricultural Adjust- PORT PROVISIONS. (a) DEFICIENCY AND LAND DIVERSION PAY- Section 1231 of the Food Security Act of ment Act of 1938 (7 U.S.C. 1359aa et seq.) is 1985 (16 U.S.C. 3831) is amended by striking repealed. MENTS.—Section 114 of the Agricultural Act of 1949 (7 U.S.C. 1445j) is amended— ‘‘1995’’ each place it appears in subsections SEC. 107. SUSPENSION OF PERMANENT PRICE (a) and (d) and inserting ‘‘2002’’. SUPPORT AUTHORITY. (1) in subsections (a)(1) and (c), by striking SEC. 202. ENVIRONMENTAL QUALITY INCENTIVES (a) WHEAT.— ‘‘1997’’ each place it appears and inserting PROGRAM. (1) NONAPPLICABILITY OF CERTIFICATE RE- ‘‘2002’’; and Chapter 2 of subtitle D of title XII of the QUIREMENTS.—Sections 379d through 379j of (2) in subsection (b), by striking ‘‘1995’’ and the Agricultural Adjustment Act of 1938 (7 inserting ‘‘2002’’; Food Security Act of 1985 (16 U.S.C. 3838 et U.S.C. 1379d–1379j) shall not be applicable to (b) ADJUSTMENT OF ESTABLISHED PRICES.— seq.) is amended to read as follows: wheat processors or exporters during the pe- Section 402(b) of the Agricultural Act of 1949 ‘‘CHAPTER 2—ENVIRONMENTAL QUALITY riod June 1, 1995, through May 31, 2003. (7 U.S.C. 1422(b)) is amended by striking INCENTIVES PROGRAM (2) SUSPENSION OF LAND USE, WHEAT MAR- ‘‘1995’’ and inserting ‘‘2002’’. ‘‘SEC. 1238. DEFINITIONS. (c) ADJUSTMENT OF SUPPORT PRICES.—Sec- KETING ALLOCATION, AND PRODUCER CERTIFI- ‘‘In this chapter: tion 403(c) of the Agricultural Act of 1949 (7 CATE PROVISIONS.—Sections 331 through 339, ‘‘(1) LAND MANAGEMENT PRACTICE.—The U.S.C. 1423(c)) is amended by striking ‘‘1995’’ 379b, and 379c of the Agricultural Adjust- term ‘land management practice’ means nu- and inserting ‘‘2002’’. ment Act of 1938 (7 U.S.C. 1331 through 1339, trient or manure management, integrated (d) APPLICATION OF TERMS IN THE AGRICUL- 1379b, and 1379c) shall not be applicable to pest management, irrigation management, TURAL ACT OF 1949.—Section 408(k)(3) of the the 1996 through 2002 crops of wheat. tillage or residue management, grazing man- (3) SUSPENSION OF CERTAIN QUOTA PROVI- Agricultural Act of 1949 (7 U.S.C. 1428(k)(3)) is amended by striking ‘‘1995’’ and inserting agement, or another land management prac- SIONS.—The joint resolution entitled ‘‘A tice the Secretary determines is needed to joint resolution relating to corn and wheat ‘‘2002’’. (e) ACREAGE BASE AND YIELD SYSTEM.— protect soil, water, or related resources in marketing quotas under the Agricultural Ad- the most cost efficient manner. justment Act of 1938, as amended’’, approved Title V of the Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) is amended— ‘‘(2) LARGE CONFINED LIVESTOCK OPER- May 26, 1941 (7 U.S.C. 1330 and 1340), shall not ATION.—The term ‘large confined livestock be applicable to the crops of wheat planted (1) in subsections (c)(3) and (h)(2)(A) of sec- tion 503 (7 U.S.C. 1463), by striking ‘‘1997’’ operation’ means a farm or ranch that— for harvest in the calendar years 1996 ‘‘(A) is a confined animal feeding oper- through 2002. each place it appears and inserting ‘‘2002’’; (2) in paragraphs (1) and (2) of section ation; and (4) NONAPPLICABILITY OF SECTION 107 OF THE ‘‘(B) has more than— AGRICULTURAL ACT OF 1949.—Section 107 of the 505(b) (7 U.S.C. 1465(b)), by striking ‘‘1997’’ each place it appears and inserting ‘‘2002’’; ‘‘(i) 700 mature dairy cattle; Agricultural Act of 1949 (7 U.S.C. 1445a) shall ‘‘(ii) 1,000 beef cattle; not be applicable to the 1996 through 2002 and (3) in section 509 (7 U.S.C. 1469), by striking ‘‘(iii) 100,000 laying hens or broilers; crops of wheat. ‘‘(iv) 55,000 turkeys; (b) FEED GRAINS.— ‘‘1997’’ and inserting ‘‘2002’’. ‘‘(v) 2,500 swine; or (1) NONAPPLICABILITY OF SECTION 105 OF THE (f) PAYMENT LIMITATIONS.—Section 1001 of ‘‘(vi) 10,000 sheep or lambs. AGRICULTURAL ACT OF 1949.—Section 105 of the the Food Security Act of 1985 (7 U.S.C. 1308) ‘‘(3) LIVESTOCK.—The term ‘livestock’ Agricultural Act of 1949 (7 U.S.C. 1444b) shall is amended by striking ‘‘1997’’ each place it not be applicable to the 1996 through 2002 appears and inserting ‘‘2002’’. means mature dairy cows, beef cattle, laying crops of feed grains. (g) NORMALLY PLANTED ACREAGE.—Section hens, broilers, turkeys, swine, sheep, or lambs. (2) RECOURSE LOAN PROGRAM FOR SILAGE.— 1001 of the Food and Agriculture Act of 1977 Section 403 of the Food Security Act of 1985 (7 U.S.C. 1309) is amended by striking ‘‘1995’’ ‘‘(4) OPERATOR.—The term ‘operator’ (7 U.S.C. 1444e–1) is amended by striking each place it appears in subsections (a), means a person who is engaged in crop or ‘‘1996’’ and inserting ‘‘2002’’. (b)(1), and (c) and inserting ‘‘2002’’. livestock production (as defined by the Sec- (c) OILSEEDS.—Section 201(a) of the Agri- (h) OPTIONS PILOT PROGRAM.—The Options retary). cultural Act of 1949 (7 U.S.C. 1446(a)) is Pilot Program Act of 1990 (subtitle E of title ‘‘(5) STRUCTURAL PRACTICE.—The term amended by striking ‘‘oilseeds’’ and all that XI of Public Law 101–624; 104 Stat. 3518; 7 ‘structural practice’ means the establish- follows through ‘‘determine),’’. U.S.C. 1421 note) is amended— ment of an animal waste management facil- (d) UPLAND COTTON.— (1) in subsections (a) and (b) of section 1153, ity, terrace, grassed waterway, contour grass (1) SUSPENSION OF BASE ACREAGE ALLOT- by striking ‘‘1995’’ each place it appears and strip, filterstrip, permanent wildlife habitat, MENTS, MARKETING QUOTAS, AND RELATED PRO- inserting ‘‘2002’’; and or another structural practice that the Sec- VISIONS.—Sections 342, 343, 344, 345, 346, and (2) in section 1154(b)(1)(A), by striking retary determines is needed to protect soil, 377 of the Agricultural Adjustment Act of ‘‘1995’’ each place it appears and inserting water, or related resources in the most cost 1938 (7 U.S.C. 1342–1346 and 1377) shall not be ‘‘2002’’. effective manner. applicable to any of the 1996 through 2002 (i) FOOD SECURITY WHEAT RESERVE.—Sec- ‘‘SEC. 1238A. ESTABLISHMENT AND ADMINISTRA- crops of upland cotton. tion 302(i) of the Food Security Wheat Re- TION OF ENVIRONMENTAL QUALITY (2) MISCELLANEOUS COTTON PROVISIONS.— serve Act of 1980 (7 U.S.C. 1736f–1(i)) is INCENTIVES PROGRAM. Section 103(a) of the Agricultural Act of 1949 amended by striking ‘‘1995’’ each place it ap- ‘‘(a) ESTABLISHMENT.— (7 U.S.C. 1444(a)) shall not be applicable to pears and inserting ‘‘2002’’. ‘‘(1) IN GENERAL.—During the 1996 through the 1996 through 2002 crops. SEC. 109. CROP INSURANCE ADMINISTRATIVE 2006 fiscal years, the Secretary shall enter (e) PEANUTS.— FEE. into contracts with operators to provide (1) SUSPENSION OF MARKETING QUOTAS AND Section 508(b) of the Federal Crop Insur- technical assistance, cost-sharing payments, ACREAGE ALLOTMENTS.—The following provi- ance Act (7 U.S.C. 1508) is amended— and incentive payments to operators, who February 6, 1996 CONGRESSIONAL RECORD — SENATE S 973 enter into contracts with the Secretary, ‘‘(2) $250,000,000 for each of fiscal years 1998 ‘‘(5) information that will enable evalua- through an environmental quality incentives through 2002. tion of the effectiveness of the plan in program in accordance with this chapter. ‘‘(f) COMMODITY CREDIT CORPORATION.—The achieving the conservation and environ- ‘‘(2) CONSOLIDATION OF EXISTING PRO- Secretary may use the funds, facilities, and mental objectives, and that will enable eval- GRAMS.—In establishing the environmental authorities of the Commodity Credit Cor- uation of the degree to which the plan has quality incentives program authorized under poration to carry out this subchapter. been implemented. this chapter, the Secretary shall combine ‘‘SEC. 1238B. CONSERVATION PRIORITY AREAS. ‘‘SEC. 1238E. LIMITATION ON PAYMENTS. into a single program the functions of— ‘‘(a) IN GENERAL.—The Secretary shall des- ‘‘(a) PAYMENTS.—The total amount of cost- ‘‘(A) the agricultural conservation pro- ignate watersheds or regions of special envi- share and incentive payments paid to a per- gram authorized by sections 7 and 8 of the ronmental sensitivity, including the Chesa- son under this chapter may not exceed— Soil Conservation and Domestic Allotment peake Bay region (located in Pennsylvania, ‘‘(1) $10,000 for any fiscal year; or Act (16 U.S.C. 590g and 590h); Maryland, and Virginia), the Great Lakes re- ‘‘(2) $50,000 for any multiyear contract. ‘‘(B) the Great Plains conservation pro- gion, the Long Island Sound region, prairie ‘‘(b) REGULATIONS.—The Secretary shall gram established under section 16(b) of the pothole region (located in North Dakota, issue regulations that are consistent with Soil Conservation and Domestic Allotment South Dakota, and Minnesota), Rainwater section 1001 for the purpose of— Act (16 U.S.C. 590p(b)); Basin (located in Nebraska), and other areas ‘‘(1) defining the term ‘person’ as used in ‘‘(C) the water quality incentives program the Secretary considers appropriate, as con- subsection (a); and established under this chapter; and servation priority areas that are eligible for ‘‘(2) prescribing such rules as the Secretary ‘‘(D) the Colorado River Basin salinity con- enhanced assistance through the programs determines necessary to ensure a fair and trol program established under section 202(c) established under this chapter and chapter 1. reasonable application of the limitations of the Colorado River Basin Salinity Control ‘‘(b) APPLICABILITY.—A designation shall contained in subsection (a).’’. Act (43 U.S.C. 1592(c)). be made under this section if an application TITLE III—NUTRITION ASSISTANCE ‘‘(b) APPLICATION AND TERM.— is made by a State agency and agricultural ‘‘(1) IN GENERAL.—A contract between an practices within the watershed or region SEC. 301. FOOD STAMP PROGRAM. operator and the Secretary under this chap- pose a significant threat to soil, water, and (a) EMPLOYMENT AND TRAINING.—Section ter may— related natural resources, as determined by 16(h)(1) of the Food Stamp Act of 1977 (7 ‘‘(A) apply to 1 or more structural prac- the Secretary. U.S.C. 2025(h)(1)) is amended by striking tices or 1 or more land management prac- ‘‘SEC. 1238C. EVALUATION OF OFFERS AND PAY- ‘‘1995’’ each place it appears and inserting tices, or both; and MENTS. ‘‘2002’’. ‘‘(B) have a term of not less than 5, nor ‘‘(a) REGIONAL PRIORITIES.—The Secretary (b) AUTHORIZATION OF PILOT PROJECTS.— more than 10, years, as determined appro- shall provide technical assistance, cost-shar- The last sentence of section 17(b)(1)(A) of the priate by the Secretary, depending on the ing payments, and incentive payments to op- Food Stamp Act of 1977 (7 U.S.C. practice or practices that are the basis of the erators in a region, watershed, or conserva- 2026(b)(1)(A)) is amended by striking ‘‘1995’’ contract. tion priority area under this chapter based and inserting ‘‘2002’’. ‘‘(2) CONTRACT EFFECTIVE DATE.—A con- on the significance of soil, water, and related (c) AUTHORIZATION FOR APPROPRIATIONS.— tract between an operator and the Secretary natural resources problems in the region, The first sentence of section 18(a)(1) of the under this chapter shall become effective on watershed, or area, and the structural prac- Food Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is October 1st following the date the contract tices or land management practices that best amended by striking ‘‘1995’’ and inserting is fully entered into. address the problems, as determined by the ‘‘2002’’. ‘‘(c) COST-SHARING AND INCENTIVE PAY- Secretary. (d) REAUTHORIZATION OF PUERTO RICO NU- MENTS.— ‘‘(b) MAXIMIZATION OF ENVIRONMENTAL BEN- TRITION ASSISTANCE PROGRAM.—The first sen- ‘‘(1) COST-SHARING PAYMENTS.— EFITS.— tence of section 19(a)(1)(A) of the Food ‘‘(A) IN GENERAL.—The Federal share of ‘‘(1) IN GENERAL.—In providing technical Stamp Act of 1977 (7 U.S.C. 2028(a)(1)(A)) is cost-sharing payments to an operator pro- assistance, cost-sharing payments, and in- amended by striking ‘‘$974,000,000’’ and all posing to implement 1 or more structural centive payments to operators in regions, that follows through ‘‘fiscal year 1995’’ and practices shall not be more than 75 percent watersheds, or conservation priority areas inserting ‘‘$1,143,000,000 for each of fiscal of the projected cost of the practice, as de- under this chapter, the Secretary shall ac- years 1995 and 1996, $1,182,000,000 for fiscal termined by the Secretary, taking into con- cord a higher priority to assistance and pay- year 1997, $1,223,000,000 for fiscal year 1998, sideration any payment received by the oper- ments that maximize environmental benefits $1,266,000,000 for fiscal year 1999, $1,310,000,000 ator from a State or local government. per dollar expended. for fiscal year 2000, $1,357,000,000 for fiscal ‘‘(B) LIMITATION.—An operator of a large ‘‘(2) STATE OR LOCAL CONTRIBUTIONS.—The year 2001, and $1,404,000,000 for fiscal year confined livestock operation shall not be eli- Secretary shall accord a higher priority to 2002’’. gible for cost-sharing payments to construct operators whose agricultural operations are SEC. 302. COMMODITY DISTRIBUTION PROGRAM; an animal waste management facility. located within watersheds, regions, or con- COMMODITY SUPPLEMENTAL FOOD ‘‘(C) OTHER PAYMENTS.—An operator shall servation priority areas in which State or PROGRAM. not be eligible for cost-sharing payments for local governments have provided, or will pro- (a) REAUTHORIZATION.—The first sentence structural practices on eligible land under vide, financial or technical assistance to the of section 4(a) of the Agriculture and this chapter if the operator receives cost- operators for the same conservation or envi- Consumer Protection Act of 1973 (Public Law sharing payments or other benefits for the ronmental purposes. 93–86; 7 U.S.C. 612c note) is amended by strik- same land under chapter 1 or 3. ‘‘SEC. 1238D. ENVIRONMENTAL QUALITY INCEN- ing ‘‘1995’’ and inserting ‘‘2002’’. ‘‘(2) INCENTIVE PAYMENTS.—The Secretary TIVES PROGRAM PLAN. (b) FUNDING.—Section 5 of the Agriculture shall make incentive payments in an amount ‘‘(a) IN GENERAL.—Prior to approving cost- and Consumer Protection Act of 1973 (Public and at a rate determined by the Secretary to share or incentive payments authorized Law 93–86; 7 U.S.C. 612c note) is amended— be necessary to encourage an operator to under this chapter, the Secretary shall re- (1) in subsection (a)(2), by striking ‘‘1995’’ perform 1 or more land management prac- quire the preparation and evaluation of an and inserting ‘‘2002’’; and tices. environmental quality incentives program (2) in subsection (d)(2), by striking ‘‘1995’’ ‘‘(d) TECHNICAL ASSISTANCE.— plan described in subsection (b), unless the and inserting ‘‘2002’’. ‘‘(1) FUNDING.—The Secretary shall allo- Secretary determines that such a plan is not SEC. 303. EMERGENCY FOOD ASSISTANCE PRO- cate funding under this chapter for the pro- necessary to evaluate the application for the GRAM. vision of technical assistance according to payments. (a) REAUTHORIZATION.—The first sentence the purpose and projected cost for which the ‘‘(b) TERMS.—An environmental quality in- of section 204(a)(1) of the Emergency Food technical assistance is provided in a fiscal centives program plan shall include (as de- Assistance Act of 1983 (Public Law 98–8; 7 year. The allocated amount may vary ac- termined by the Secretary) a description of U.S.C. 612c note) is amended by striking cording to the type of expertise required relevant— ‘‘1995’’ and inserting ‘‘2002’’. quantity of time involved, and other factors ‘‘(1) farming or ranching practices on the (b) PROGRAM TERMINATION.—Section 212 of as determined appropriate by the Secretary. farm; the Emergency Food Assistance Act of 1983 Funding shall not exceed the projected cost ‘‘(2) characteristics of natural resources on (Public Law 98–8; 7 U.S.C. 612c note) is to the Secretary of the technical assistance the farm; amended by striking ‘‘1995’’ and inserting provided in a fiscal year. ‘‘(3) specific conservation and environ- ‘‘2002’’. ‘‘(2) OTHER AUTHORITIES.—The receipt of mental objectives to be achieved including (c) REQUIRED PURCHASES OF COMMODITIES.— technical assistance under this chapter shall those that will assist the operator in com- Section 214 of the Emergency Food Assist- not affect the eligibility of the operator to plying with Federal and State environmental ance Act of 1983 (Public Law 98–8; 7 U.S.C. receive technical assistance under other au- laws; 612c note) is amended— thorities of law available to the Secretary. ‘‘(4) dates for, and sequences of, events for (1) in the first sentence of subsection (a), ‘‘(e) FUNDING.—The Secretary shall use to implementing the practices for which pay- by striking ‘‘1995’’ and inserting ‘‘2002’’; and carry out this chapter not less than— ments will be received under this chapter; (2) in subsection (e), by striking ‘‘1995’’ ‘‘(1) $200,000,000 for fiscal year 1997; and and each place it appears and inserting ‘‘2002’’. S 974 CONGRESSIONAL RECORD — SENATE February 6, 1996 SEC. 304. SOUP KITCHENS PROGRAM. resources, increase economic opportunities At the appropriate place insert the follow- Section 110 of the Hunger Prevention Act in farming and rural communities and ex- ing: of 1988 (Public Law 100–435; 7 U.S.C. 612c pand locally owned value added processing SEC. . MILK MANUFACTURING MARKETING AD- note) is amended— and marketing operations. JUSTMENT. (1) in the first sentence of subsection (a), ‘‘(B) ELIGIBLE GRANTEE.—The Secretary Subsections (a) and (b) of section 102 of the by striking ‘‘1995’’ and inserting ‘‘2002’’; and may make a grant under this paragraph to— Food, Agriculture, Conservation, and Trade (2) in subsection (c)(2)— ‘‘(i) a college or university; Act of 1990 (7 U.S.C. 1446e–1) are amended to (A) in the paragraph heading, by striking ‘‘(ii) a State agricultural experiment sta- read as follows: ‘‘1995’’ and inserting ‘‘2002’’; and tion; ‘‘(a) DEFINITIONS.—In this section: (B) by striking ‘‘1995’’ each place it appears ‘‘(iii) a State Cooperative Extension Serv- ‘‘(1) FEDERAL MAKE ALLOWANCE.—The term and inserting ‘‘2002’’. ice; ‘Federal make allowance’ means the allow- SEC. 305. NATIONAL COMMODITY PROCESSING. ‘‘(iv) a research institution or organiza- ance for the processing of milk that is per- The first sentence of section 1114(a)(2)(A) of tion; mitted under a Federal program to establish ‘‘(v) a private organization or person; or the Agriculture and Food Act of 1981 (7 a Grade A price for manufacturing butter, ‘‘(iv) A Federal agency. U.S.C. 1431e(2)(A)) is amended by striking nonfat dry milk, or cheese. ‘‘(C) USE OF GRANT.— ‘‘(2) PERSON.—The term ‘person’ includes a ‘‘1995’’ and inserting ‘‘2002’’. ‘‘(i) IN GENERAL.—A grant made under this cooperative. paragraph may be used by a grantee for 1 or ‘‘(3) STATE MAKE ALLOWANCE.—The term LEAHY AMENDMENT NO. 3375 more of the following uses: ‘State make allowance’ means the allowance (Ordered to lie on the table.) ‘‘(I) research, ranging from discover to for the processing of milk that is permitted principles of application; by a State for manufacturing butter, nonfat Mr. LEAHY submitted an amend- ‘‘(II) extension and related private-sector dry milk, or cheese. ment intended to be proposed by him activities; and ‘‘(b) MILK MANUFACTURING MARKETING AD- to amendment No. 3184 proposed by Mr. ‘‘(III) education. JUSTMENT.—Notwithstanding any other pro- LEAHY to the bill S. 1541, supra; as fol- ‘‘(ii) LIMITATION.—No grant shall be made vision of law, if a person collects a State lows: for any project, determined by the Sec- make allowance that is higher than the Fed- retary, to be eligible for funding under re- Title V is amended by adding at the end eral make allowance and the milk or product search and commodity promotion programs the following: of milk that is subject to the allowance is administered by the Department. purchased by the Commodity Credit Corpora- ‘‘SEC 507 FUND FOR RURAL AMERICA. ‘‘(D) ADMINISTRATION.— tion, regardless of the point of sale, the Cor- ‘‘(a) IN GENERAL.—The Secretary shall cre- ‘‘(i) PRIORITY.—In administering this para- poration shall reduce the support purchase ate an account called the Fund for Rural graph, the Secretary shall— price for the milk and each product of the America for the purposes of providing funds ‘‘(I) establish priorities for allocating milk by an amount that is equal to the dif- for activities described in subsection (c). grants, based on needs and opportunities of ference between the State make allowance ‘‘(b) COMMODITY CREDIT CORPORATION.—In the food and agriculture system in the Unit- and the Federal make allowance for the milk each of the 1996 through 1998 fiscal years, the ed States related to the goals of the para- and product, as determined by the Secretary Secretary shall transfer into the Fund for graph. of Agriculture.’’ Rural America (hereafter referred to as the ‘‘(II) seek and accept proposals for grants; ‘‘Account’’)— ‘‘(III) determine the relevance and merit of BUMPERS (AND PRYOR) ‘‘(1) $50,000,000 for the 1996 fiscal year; proposals through a system of peer and ‘‘(2) $100,000,000 for the 1997 fiscal year; and stakeholder review; and AMENDMENT NO. 3377 ‘‘(3) $150,000,000 for the 1998 fiscal year. ‘‘(IV) award grants on the basis of merit, (Ordered to lie on the table.) ‘‘(c) PURPOSES.—Except as provided in sub- quality, and relevance to advancing the na- Mr. BUMPERS (for himself and Mr. section (d), the Secretary shall provide not tional research and extension purposes. PRYOR) submitted an amendment in- more than one-third of the funds from the ‘‘(ii) COMPETITIVE AWARDING.—A grant tended to be proposed by them to Account for activities described in paragraph under this paragraph shall be awarded on a amendment No. 3184 proposed by Mr. (2). competitive basis. ‘‘(1) RURAL DEVELOPMENT ACTIVITIES.—The ‘‘(iii) TERMS.—A grant under this para- LEAHY to the bill S. 1541, supra; as fol- Secretary may use the funds in the Account graph shall have a term that does not exceed lows: for the following rural development activi- 5 years. At the appropriate place in the bill, add ties authorized in: ‘‘(iv) MATCHING FUNDS.—As a condition of the following: ‘‘Any funds deemed as manda- ‘‘(A) The Housing Act of 1949 for— receipts under this paragraph, the Secretary tory spending for programs authorized by ‘‘(i) direct loans to low income borrowers shall require the funding of the grant with this Act that previously were, or substan- pursuant to section 502; equal matching funds from a non-Federal tially were, deemed discretionary shall not ‘‘(ii) loans for financial assistance for hous- source if the grant is— become available for obligation as manda- ing for domestic farm laborers pursuant to ‘‘(I) for applied research that is commod- tory spending in any fiscal year in which the section 514; ity-specific; and discretionary allocation to the relevant ap- ‘‘(iii) financial assistance for housing of ‘‘(II) not of national scope. propriations subcommittees of the House of domestic farm labor pursuant to section 516; ‘‘(v) ADMINISTRATIVE COSTS.— Representatives and the Senate are at levels ‘‘(iv) grants and contracts for mutual and ‘‘(I) IN GENERAL.—The Secretary may use lower than those of the previous fiscal year.’’ self help housing pursuant to section not more than 4 percent of the funds made 523(b)(1)(A); and available under this paragraph for adminis- HATFIELD AMENDMENT NO. 3378 ‘‘(v) grants for Rural housing preservation trative costs incurred by the Secretary in pursuant to section 533; carrying out this paragraph. (Ordered to lie on the table.) ‘‘(B) The Food Security Act of 1985 for ‘‘(II) LIMITATION.—Funds made available Mr. HATFIELD submitted an amend- loans to intermediary borrowers, under the under this paragraph shall not be used— ment intended to be proposed by him Rural Development Loan Fund; ‘‘(aa) for the construction of a new build- to amendment No. 3184 proposed by Mr. ‘‘(C) Consolidated Farm and Rural Devel- ing or the acquisition, expansion, remodel- LEAHY to the bill S. 1541, supra; as fol- opment Act for— ing, or alteration of an existing building (in- lows: ‘‘(i) grants for Rural Business Enterprises cluding site grading and improvement and At the appropriate place, insert the follow- pursuant to section 310B (c) and (j); architect fees); or ing: ‘‘(ii) direct loans, loan guarantees and ‘‘(bb) in excess of ten percent of the annual grants for water and waste water projects allocation for commodity-specific projects SEC. . ELIGIBILITY FOR GRANTS TO BROAD- not of the national scope. CASTING SYSTEMS. pursuant to section 306; and Section 310B(j) of the Consolidated Farm ‘‘(d) LIMITATIONS.—No funds from the Fund ‘‘(iii) down payments assistance to farm- and Rural Development Act (7 U.S.C. 1932(j)) ers, section 310E; for Rural America may be used for an activ- is amended by striking ‘‘SYSTEMS.—The’’ and ‘‘(D) grants for outreach to socially dis- ity specified in subsection (c) if the current level of appropriations for the activity is less inserting the following: ‘‘SYSTEMS.— advantaged farmers and ranchers pursuant ‘‘(1) DEFINITION OF STATEWIDE.—In this sub- than 90 percent of the 1996 fiscal year appro- to section 2501 of the Food, Agriculture, Con- section, the term ‘statewide’ means having a priations for the activity adjusted for infla- servation, and Trade Act of 1990 (7 U.S.C. coverage area of not less than 90 percent of tion.’’ 2279); and the population of a State and 80 percent of ‘‘(E) grants pursuant to section 204(6) of the rural land area of the State (as deter- the Agricultural Marketing Act of 1946. FEINGOLD AMENDMENT NO. 3376 mined by the Secretary). ‘‘(2) RESEARCH.— ‘‘(2) GRANTS.—The’’. ‘‘(A) IN GENERAL.—The Secretary may use (ordered to lie on the table.) the funds in the Account for research grants Mr. FEINGOLD submitted an amend- to increase the competitiveness and farm ment intended to be proposed by him HARKIN AMENDMENT NO. 3379 profitability, protect and enhance natural to the bill S. 1541, supra; as follows: (Ordered to lie on the table.) February 6, 1996 CONGRESSIONAL RECORD — SENATE S 975 Mr. HARKIN submitted an amend- shall be used in administrative and super- (4) USE OF MARKETING ASSESSMENTS.—The ment intended to be proposed by him visory activities relating to loans and mar- Secretary shall use funds collected under to the bill S. 1541, supra; as follows: keting activities under this section and sec- subsection (g) to offset further losses in area tion 358e of the Agricultural Adjustment Act quota pools. The Secretary shall transfer to Section 105(b)(3) is amended by striking (A) of 1938 (7 U.S.C. 1359a). the Treasury those funds collected under and inserting the following: (C) ASSOCIATION COSTS.—Loans made to the subsection (g) and available for use under ‘‘(A) by striking subsection (a) and insert- association under this paragraph shall in- this subsection that the Secretary deter- ing the following: clude such costs as the area marketing asso- mines are not required to cover losses in ‘‘(a) DIRECT ATTRIBUTION.—The Secretary ciation reasonably may incur in carrying out area quota pools. shall attribute payments specified in section the responsibilities, operations, and activi- (5) CROSS COMPLIANCE.—Further losses in 1001 to persons who receive the payments di- ties of the association under this section and area quota pools, other than losses incurred rectly and attribute payments received by section 358e of the Agricultural Adjustment as a result of transfers from additional loan entities to the individuals who own such en- Act of 1938 (7 U.S.C. 1359a). pools to quota loan pools under section 358– tities in proportion to their ownership inter- (2) POOLS FOR QUOTA AND ADDITIONAL PEA- 1(b)(8) of the Agricultural Adjustment Act of est in the entity.’’ NUTS.— 1938 (7 U.S.C. 1358–1(b)(8)), shall be offset by (A) IN GENERAL.—The Secretary shall re- any gains or profits from pools in other pro- HEFLIN AMENDMENT NO. 3380 quire that each area marketing association duction areas (other than separate type (Ordered to lie on the table.) establish pools and maintain complete and pools established under subsection (c)(2)(A) accurate records by area and segregation for for Valencia peanuts produced in New Mex- Mr. HEFLIN submitted an amend- ico) in such manner as the Secretary shall by ment intended to be proposed by him quota peanuts handled under loan and for ad- ditional peanuts placed under loan, except regulation prescribe. to amendment No. 3184 proposed by Mr. that separate pools shall be established for (6) INCREASED ASSESSMENTS.—If use of the LEAHY to the bill S. 1541, supra; as fol- Valencia peanuts produced in New Mexico. authorities provided in the preceding para- lows: (B) ELIGIBILITY TO PARTICIPATE.— graphs is not sufficient to cover losses in an Strike the section relating to the peanut (i) IN GENERAL.—Except as provided in area quota pool, the Secretary shall increase program and insert the following: clause (ii), in the case of the 1996 and subse- the marketing assessment established under subsection (g) by such an amount as the Sec- SEC. 106. PEANUT PROGRAM. quent crops, Valencia peanuts not physically retary considers necessary to cover the (a) QUOTA PEANUTS.— produced in the State of New Mexico shall not be eligible to participate in the pools of losses. Amounts collected under subsection (1) AVAILABILITY OF LOANS.—The Secretary (g) as a result of the increased assessment shall make nonrecourse loans available to the State. (ii) EXCEPTION.—A resident of the State of shall be retained by the Secretary to cover producers of quota peanuts. losses in that pool. (2) LOAN RATE.—The national average New Mexico may enter Valencia peanuts that are produced outside of the State into (e) DISAPPROVAL OF QUOTAS.—Notwith- quota loan rate for quota peanuts shall be standing any other provision of law, no loan $678 per ton. the pools of the State in a quantity that is not greater than the 1995 crop of the resi- for quota peanuts may be made available by (3) INSPECTION, HANDLING, OR STORAGE.— the Secretary for any crop of peanuts with dent. The loan amount may not be reduced by the respect to which poundage quotas have been (C) TYPES OF PEANUTS.—Bright hull and Secretary by any deductions for inspection, disapproved by producers, as provided for in dark hull Valencia peanuts shall be consid- handling, or storage. section 358–1(d) of the Agricultural Adjust- ered as separate types for the purpose of es- (4) LOCATION AND OTHER FACTORS.—The ment Act of 1938 (7 U.S.C. 1358–1(d)). Secretary may make adjustments in the loan tablishing the pools. (f) QUALITY IMPROVEMENT.— rate for quota peanuts for location of pea- (D) NET GAINS.—Net gains on peanuts in (1) IN GENERAL.—With respect to peanuts nuts and such other factors as are authorized each pool, unless otherwise approved by the under loan, the Secretary shall— by section 411 of the Agricultural Adjust- Secretary, shall be distributed only to pro- (A) promote the crushing of peanuts at a ment Act of 1938. ducers who placed peanuts in the pool and greater risk of deterioration before peanuts (b) ADDITIONAL PEANUTS.— shall be distributed in proportion to the of a lesser risk of deterioration; (1) IN GENERAL.— value of the peanuts placed in the pool by (B) ensure that all Commodity Credit Cor- (A) RATES.—Subject to subparagraph (B), each producer. Net gains for peanuts in each poration inventories of peanuts sold for do- the Secretary shall make nonrecourse loans pool shall consist of the following: mestic edible use must be shown to have available to producers of additional peanuts (i) QUOTA PEANUTS.—For quota peanuts, been officially inspected by licensed Depart- at such rates as the Secretary finds appro- the sum of— ment inspectors both as farmer stock and priate, taking into consideration the demand (I) the net gains over and above the loan shelled or cleaned in-shell peanuts; for peanut oil and peanut meal, expected indebtedness and other costs or losses in- (C) continue to endeavor to operate the prices of other vegetable oils and protein curred on peanuts placed in the pool; and peanut program so as to improve the quality meals, and the demand for peanuts in foreign (II) an amount from all additional pool of domestic peanuts and ensure the coordina- markets. gains equal to any loss on the disposition of tion of activities under the Peanut Adminis- (B) LIMITATION.—The Secretary shall set all peanuts in the pool for quota peanuts. trative Committee established under Mar- the support rate on additional peanuts at a (ii) ADDITIONAL PEANUTS.—For additional keting Agreement No. 146, regulating the level estimated by the Secretary to ensure peanuts, the difference between— quality of domestically produced peanuts that there are no losses to the Commodity (I) the net gains over and above the loan (under the Agricultural Adjustment Act (7 Credit Corporation on the sale or disposal of indebtedness and other costs or losses in- U.S.C. 601 et seq.), reenacted with amend- the peanuts. curred on peanuts placed in the pool for addi- ments by the Agricultural Marketing Agree- (2) ANNOUNCEMENT.—The Secretary shall tional peanuts; and ment Act of 1937); and announce the loan rate for additional pea- (II) any amount allocated to offset any loss (D) ensure that any changes made in the nuts of each crop not later than February 15 on the pool for quota peanuts. peanut program as a result of this subsection preceding the marketing year for the crop (d) LOSSES.—Losses in quota area pools requiring additional production or handling for which the loan rate is being determined. shall be covered using the following sources at the farm level shall be reflected as an up- (c) AREA MARKETING ASSOCIATIONS.— in the following order of priority: ward adjustment in the Department loan (1) WAREHOUSE STORAGE LOANS.— (1) TRANSFERS FROM ADDITIONAL LOAN schedule. (A) IN GENERAL.—In carrying out sub- POOLS.—The proceeds due any producer from (2) EXPORTS AND OTHER PEANUTS.—The Sec- sections (a) and (b), the Secretary shall any pool shall be reduced by the amount of retary shall require that all peanuts in the make warehouse storage loans available in any loss that is incurred with respect to pea- domestic and export markets fully comply each of the producing areas (described in sec- nuts transferred from an additional loan pool with all quality standards under Marketing tion 1446.95 of title 7 of the Code of Federal to a quota loan pool by the producer under Agreement No. 146. Regulations (January 1, 1989)) to a des- section 358–1(b)(8) of the Agricultural Adjust- (g) MARKETING ASSESSMENT.— ignated area marketing association of pea- ment Act of 1938 (7 U.S.C. 1358–1(b)(8)). (1) IN GENERAL.—The Secretary shall pro- nut producers that is selected and approved (2) OTHER PRODUCERS IN SAME POOL.—Fur- vide for a nonrefundable marketing assess- by the Secretary and that is operated pri- ther losses in an area quota pool shall be off- ment. The assessment shall be made on a per marily for the purpose of conducting the set by reducing the gain of any producer in pound basis in an amount equal to 1.1 per- loan activities. The Secretary may not make the pool by the amount of pool gains attrib- cent for each of the 1994 and 1995 crops, 1.15 warehouse storage loans available to any co- uted to the same producer from the sale of percent for the 1996 crop, and 1.2 percent for operative that is engaged in operations or additional peanuts for domestic and export each of the 1997 through 2002 crops, of the na- activities concerning peanuts other than edible use. tional average quota or additional peanut those operations and activities specified in (3) ADDITIONAL PEANUT GAINS.—Further loan rate for the applicable crop. this section and section 358e of the Agricul- losses in an area quota pool shall be offset by (2) FIRST PURCHASERS.— tural Adjustment Act of 1938 (7 U.S.C. 1359a). gains or profits attributable to sales of addi- (A) IN GENERAL.—Except as provided under (B) ADMINISTRATIVE AND SUPERVISORY AC- tional peanuts in that area for domestic edi- paragraphs (3) and (4), the first purchaser of TIVITIES.—An area marketing association ble and other uses. peanuts shall— S 976 CONGRESSIONAL RECORD — SENATE February 6, 1996 (i) collect from the producer a marketing marketing years, and 1995, for the 1996 (iv) in paragraph (3), by striking ‘‘(includ- assessment equal to the quantity of peanuts through 2002 marketing years’’; ing any applicable undermarketings)’’. acquired multiplied by— (iv) in subsection (b)(1)(A)— (5) DISASTER TRANSFERS.—Section 358–1(b) (I) in the case of each of the 1994 and 1995 (I) by striking ‘‘each of the 1991 through of the Act (7 U.S.C. 1358–1(b)), as amended by crops, .55 percent of the applicable national 1997 marketing years’’ and inserting ‘‘each paragraph (4)(A)(iii), is further amended by average loan rate; marketing year’’; and adding at the end the following: (II) in the case of the 1996 crop, .6 percent (II) in clause (i), by inserting before the ‘‘(8) DISASTER TRANSFERS.— of the applicable national average loan rate; semicolon the following: ‘‘, in the case of the ‘‘(A) IN GENERAL.—Except as provided in and 1991 through 1995 marketing years, and the subparagraph (B), additional peanuts pro- (III) in the case of each of the 1997 through 1995 marketing year, in the case of the 1996 duced on a farm from which the quota 2002 crops, .65 percent of the applicable na- through 2002 marketing years’’; and poundage was not harvested and marketed tional average loan rate; (v) in subsection (f), by striking ‘‘1997’’ and because of drought, flood, or any other natu- (ii) pay, in addition to the amount col- inserting ‘‘2002’’; ral disaster, or any other condition beyond lected under clause (i), a marketing assess- (B) in section 358b (7 U.S.C. 1358b)— the control of the producer, may be trans- ment in an amount equal to the quantity of (i) in the section heading, by striking ferred to the quota loan pool for pricing pur- peanuts acquired multiplied by .55 percent of ‘‘1991 THROUGH 1995 CROPS OF’’; and poses on such basis as the Secretary shall by the applicable national average loan rate; (ii) in subsection (c), by striking ‘‘1995’’ regulation provide. and and inserting ‘‘2002’’; ‘‘(B) LIMITATION.—The poundage of peanuts (iii) remit the amounts required under (C) in section 358c(d) (7 U.S.C. 1358c(d)), by transferred under subparagraph (A) shall not clauses (i) and (ii) to the Commodity Credit striking ‘‘1995’’ and inserting ‘‘2002’’; and exceed the difference between— Corporation in a manner specified by the (D) in section 358e (7 U.S.C. 1359a)— ‘‘(i) the total quantity of peanuts meeting Secretary. (i) in the section heading, by striking quality requirements for domestic edible (B) IMPORTED PEANUTS.—In the case of im- ‘‘FOR 1991 THROUGH 1997 CROPS OF PEA- use, as determined by the Secretary, mar- ported peanuts, the first purchaser shall pay NUTS’’; and keted from the farm; and to the Commodity Credit Corporation, in a (ii) in subsection (i), by striking ‘‘1997’’ and ‘‘(ii) the total farm poundage quota, ex- manner specified by the Secretary, a mar- inserting ‘‘2002’’. cluding quota pounds transferred to the farm keting assessment in an amount equal to the (2) ELIMINATION OF QUOTA FLOOR.—Section in the fall. quantity of peanuts acquired multiplied by 358–1(a)(1) of the Act (7 U.S.C. 1358–1(a)(1)) is ‘‘(C) SUPPORT RATE.—Peanuts transferred 1.2 percent of the national average support amended by striking the second sentence. under this paragraph shall be supported at 70 rate for additional peanuts. (3) TEMPORARY QUOTA ALLOCATION.—Sec- percent of the quota support rate for the (C) DEFINITION OF FIRST PURCHASER.—In tion 358–1 of the Act (7 U.S.C. 1358–1) is marketing years in which the transfers this subsection, the term ‘‘first purchaser’’ amended— occur. The transfers for a farm shall not ex- means a person acquiring peanuts from a (A) in subsection (a)(1), by striking ‘‘do- ceed 25 percent of the total farm quota producer except that in the case of peanuts mestic edible, seed,’’ and inserting ‘‘domes- pounds, excluding pounds transferred in the forfeited by a producer to the Commodity tic edible use’’; fall.’’. (B) in subsection (b)(2)— Credit Corporation, the term means the per- (6) TRANSFERS OF FARM POUNDAGE (i) in subparagraph (A), by striking ‘‘sub- son acquiring the peanuts from the Commod- QUOTAS.—Section 358b(a) of the Agricultural paragraph (B) and subject to’’; and ity Credit Corporation. Adjustment Act of 1938 (7 U.S.C. 1358b(a)) is (ii) by striking subparagraph (B) and in- (3) OTHER PRIVATE MARKETINGS.—In the amended by adding at the end the following: serting the following: case of a private marketing by a producer di- ‘‘(4) TRANSFERS BETWEEN STATES HAVING ‘‘(B) TEMPORARY QUOTA ALLOCATION.— rectly to a consumer through a retail or QUOTAS OF LESS THAN 10,000 TONS.—Notwith- ‘‘(i) ALLOCATION RELATED TO SEED PEA- wholesale outlet or in the case of a market- standing paragraphs (1) through (3), in the NUTS.—Temporary allocation of quota ing by the producer outside of the continen- case of any State for which the poundage tal United States, the producer shall be re- pounds for the marketing year only in which the crop is planted shall be made to produc- quota allocated to the State was less than sponsible for the full amount of the assess- 10,000 tons for the crop of the preceding year, ment and shall remit the assessment by such ers for each of the 1996 through 2002 market- ing years as provided in this subparagraph. all or any part of a farm poundage quota up time as is specified by the Secretary. to 1,000 tons may be transferred by sale or ‘‘(ii) QUANTITY.—The temporary quota allo- (4) LOAN PEANUTS.—In the case of peanuts lease from a farm in 1 such State to a farm that are pledged as collateral for a loan cation shall be equal to the pounds of seed peanuts planted on the farm, as may be ad- in another such State.’’. made under this section, 1⁄2 of the assessment shall be deducted from the proceeds of the justed under regulations prescribed by the loan. The remainder of the assessment shall Secretary. ‘‘(iii) ADDITIONAL QUOTA.—The temporary be paid by the first purchaser of the peanuts. FEINGOLD AMENDMENT NO. 3381 allocation of quota pounds under this para- For purposes of computing net gains on pea- graph shall be in addition to the farm pound- (Ordered to lie on the table.) nuts under this section, the reduction in age quota otherwise established under this loan proceeds shall be treated as having been Mr. HATFIELD submitted an amend- subsection and shall be credited, for the ap- paid to the producer. ment intended to be proposed by him plicable marketing year only, in total to the (5) PENALTIES.—If any person fails to col- to amendment No. 3247 proposed by Mr. producer of the peanuts on the farm in a lect or remit the reduction required by this LEAHY to the bill S. 1541, supra; as fol- manner prescribed by the Secretary. subsection or fails to comply with the re- lows: ‘‘(iv) EFFECT OF OTHER REQUIREMENTS.— quirements for recordkeeping or otherwise as Nothing in this section alters or changes the Strike section(e) and in lieu thereof insert are required by the Secretary to carry out requirements regarding the use of quota and the following: this subsection, the person shall be liable to additional peanuts established by section the Secretary for a civil penalty up to an SEC. . MILK MANUFACTURING MARKETING AD- 358e(b).’’; and amount determined by multiplying— JUSTMENT. (C) in subsection (e)(3), strike ‘‘and seed (A) the quantity of peanuts involved in the Subsections (a) and (b) of section 102 of the and use on a farm’’. violation; by Food, Agriculture, Conservation, and Trade (4) UNDERMARKETINGS.—Part VI of subtitle (B) the national average quota peanut rate Act of 1990 (7 U.S.C. 1446e-1) are amended to B of title III of the Act is amended— for the applicable crop year. read as follows: (A) in section 358–1(b) (7 U.S.C. 1358–1(b))— (6) ENFORCEMENT.—The Secretary may en- ‘‘(a) DEFINITIONS.—In this section: (i) in paragraph (1)(B), by striking force this subsection in the courts of the ‘‘including—’’ and clauses (i) and (ii) and in- ‘‘(1) FEDERAL MAKE ALLOWANCE.—The term United States. serting ‘‘including any increases resulting ‘Federal make allowance’ means the allow- (h) CROPS.—Subsections (a) through (f) ance for the processing of milk that is per- shall be effective only for the 1996 through from the allocation of quotas voluntarily re- leased for 1 year under paragraph (7).’’; mitted under a Federal program to establish 2002 crops of peanuts. a Grade A price for manufacturing butter, (i) MARKETING QUOTAS.— (ii) in paragraph (3)(B), by striking ‘‘in- nonfat dry milk, or cheese. (1) IN GENERAL.—Part VI of subtitle B of clude—’’ and clauses (i) and (ii) and inserting title III of the Agricultural Adjustment Act ‘‘include any increase resulting from the al- ‘‘(2) PERSON.—The term ‘person’ includes a of 1938 is amended— location of quotas voluntarily released for 1 cooperative. (A) in section 358–1 (7 U.S.C. 1358–1)— year under paragraph (7).’’; and ‘‘(3) STATE MAKE ALLOWANCE.—The term (i) in the section heading, by striking (iii) by striking paragraphs (8) and (9); and ‘State make allowance’ means the allowance ‘‘1991 THROUGH 1997 CROPS OF’’; (B) in section 358b(a) (7 U.S.C. 1358b(a))— for the processing of milk that is permitted (ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A), (i) in paragraph (1), by striking ‘‘(including by a State for manufacturing butter, nonfat (b)(2)(C), and (b)(3)(A), by striking ‘‘of the any applicable under marketings)’’ both dry milk, or cheese. 1991 through 1997 marketing years’’ each places it appears; ‘‘(b) MILK MANUFACTURING MARKETING AD- place it appears and inserting ‘‘marketing (ii) in paragraph (1)(A), by striking ‘‘of JUSTMENT.—Notwithstanding any other pro- year’’; undermarketings and’’; vision of law, if a person collects a State (iii) in subsection (a)(3), by striking ‘‘1990’’ (iii) in paragraph (2), by striking ‘‘(includ- make allowance that is higher than the Fed- and inserting ‘‘1990, for the 1991 through 1995 ing any applicable under marketings)’’; and eral make allowance and the milk or product February 6, 1996 CONGRESSIONAL RECORD — SENATE S 977 of milk that is subject to the allowance is mittee on Agriculture, Nutrition, and For- ment, except a destination in a country with purchased by the Commodity Credit Corpora- estry of the Senate of the allocation. respect to which shipments from the United tion, regardless of the point of sale, the Cor- (B) TIMING OF PURCHASE PRICE ADJUST- States are otherwise restricted by law.’’. poration shall reduce the support purchase MENTS.—The Secretary may make any such (4) MARKET DEVELOPMENT.—Section price for the milk and each product of the adjustments in the purchase prices for non- 153(e)(1) of the Food Security Act of 1985 is milk by an amount that is equal to the dif- fat dry milk and butter the Secretary con- amended— ference between the State make allowance siders to be necessary not more than twice in (A) by striking ‘‘and’’ and inserting ‘‘the’’; and the Federal make allowance for the milk each calendar year. and and product, as determined by the Secretary (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— (B) by inserting before the period the fol- of Agriculture.’’. The Secretary shall provide for a refund of lowing: ‘‘, and any additional amount that the entire reduction required under section may be required to assist in the development 204(h)(2) of the Agricultural Act of 1949 (7 BUMPERS (AND PRYOR) of world markets for United States dairy U.S.C. 1446e(h)(2)), as in effect on the day be- products’’. AMENDMENT NO. 3382 fore the date of the enactment of this Act, in (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- (Ordered to lie on the table.) the price of milk received by a producer dur- tion 153 of the Food Security Act of 1985 is Mr. BUMPERS (for himself and Mr. ing calendar year 1995 or 1996, if the producer amended by adding at the end the following: provides evidence that the producer did not PRYOR) submitted an amendment in- ‘‘(f) REQUIRED FUNDING.— increase marketings in calendar year 1995 or tended to be proposed by them to ‘‘(1) IN GENERAL.—Except as provided in 1996 when compared to calendar year 1994. A paragraph (2), the Commodity Credit Cor- amendment No. 3184 proposed by Mr. refund under this paragraph shall not be con- poration shall in each year use money and Leahy to the bill S. 1541, supra; as fol- sidered as any type of price support or pay- commodities for the program under this sec- lows: ment for purposes of sections 1211 and 1221 of tion in the maximum amount consistent At the appropriate place in the bill, add the Food Security Act of 1985 (16 U.S.C. 3811 with the obligations of the United States as the following: ‘‘Any producer of a crop of and 3821). a member of the World Trade Organization, rice in 1996 shall have the option of operating (6) COMMODITY CREDIT CORPORATION.—The minus the amount expended under section under the terms and conditions of either a Secretary shall carry out the program au- 1163 of the Food Security Act of 1985 (Public program announced by the Secretary or any thorized by this subsection through the Com- Law 99–198; 7 U.S.C. 1731 note) during that program administered under the authorities modity Credit Corporation. year. of legislation enacted subsequent to the an- (7) PERIOD OF EFFECTIVENESS.—This sub- ‘‘(2) VOLUME LIMITATIONS.—The Commodity nouncement. section shall be effective only during the pe- Credit Corporation may not exceed the limi- riod beginning on the date of the enactment tations specified in subsection (c)(3) on the of this Act and ending on December 31, 2002. volume of allowable dairy product exports.’’. D’AMATO AMENDMENTS NOS. 3383– (b) CONSOLIDATION AND REFORM OF FEDERAL (d) EFFECT ON FLUID MILK STANDARDS IN MILK MARKETING ORDERS.— 3388 THE STATE OF CALIFORNIA.—Nothing in this (1) AMENDMENT OF ORDERS.—As soon as Act or any other provision of law prohibits (Ordered to lie on the table.) practicable after the date of the enactment or otherwise limits the applicability of re- Mr. D’AMATO submitted six amend- of this Act, the Secretary shall amend Fed- quirements under any law (including any ments intended to be proposed by him eral milk marketing orders issued under sec- regulation) of the State of California regard- tion 8c of the Agricultural Adjustment Act (7 to the bill S. 1541, supra; as follows: ing the percentage of milk solids or solids U.S.C. 608c), reenacted with amendments by AMENDMENT NO. 3383 not fat in fluid milk products marketed in the Agricultural Marketing Agreement Act the State of California. At the appropriate place, insert the follow- of 1937, to— (e) REPEAL OF MILK MANUFACTURING MAR- ing: (A) limit the number of Federal milk mar- KETING ADJUSTMENT.—Section 102 of the SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; Food, Agriculture, Conservation, and Trade (a) MILK PRICE SUPPORT PROGRAM.— and Act of 1990 (7 U.S.C. 1446e–1) is repealed. (1) SUPPORT ACTIVITIES.—During the period (B) provide for multiple basing points for (f) CONSENT TO NORTHEAST INTERSTATE beginning on the date of the enactment of the pricing of milk. DAIRY COMPACT.—Congress consents to the this Act and ending December 31, 2002, the (2) EXPEDITED PROCESS.—The amendments Northeast Interstate Dairy Secretary of Agriculture (referred to in this required under paragraph (1) shall be— section as the ‘‘Secretary’’) shall support the (A) announced not later than December 31, AMENDMENT NO. 3384 price of milk produced in the 48 contiguous 1998; and States through the purchase of cheese, but- (B) implemented not later than December At the appropriate place, insert the follow- ter, and nonfat dry milk produced from the 31, 2000. ing: milk. (3) FUNDING.—Effective beginning January SEC. 108. MILK PROGRAM. (2) RATE.—The price of milk shall be sup- 1, 2001, the Secretary shall not use any funds (a) MILK PRICE SUPPORT PROGRAM.— ported at the following rates per hundred- to administer more than 14 Federal milk (1) SUPPORT ACTIVITIES.—During the period weight for milk containing 3.67 percent but- marketing orders. beginning on the date of the enactment of terfat: (c) DAIRY EXPORT INCENTIVE PROGRAM.— this Act and ending December 31, 2002, the (A) During calendar year 1996, $10.35. (1) DURATION.—Section 153(a) of the Food Secretary of Agriculture (referred to in this (B) During calendar year 1997, $10.25. Security Act of 1985 (15 U.S.C. 713a–14) is section as the ‘‘Secretary’’) shall support the (C) During calendar year 1998, $10.15. amended by striking ‘‘2001’’ and inserting price of milk produced in the 48 contiguous (D) During calendar year 1999, $10.05. ‘‘2002’’. States through the purchase of cheese, but- (E) During calendar year 2000, $9.95. (2) SOLE DISCRETION.—Section 153(b) of the ter, and nonfat dry milk produced from the (F) During calendar year 2001, $9.85. Food Security Act of 1985 is amended by in- milk. (G) During calendar year 2002, $9.75. serting ‘‘sole’’ before ‘‘discretion’’. (2) RATE.—The price of milk shall be sup- (3) BID PRICES.—The support purchase (3) ELEMENTS OF PROGRAM.—Section 153(c) ported at the following rates per hundred- prices under this subsection for each of the of the Food Security Act of 1985 is amend- weight for milk containing 3.67 percent but- products of milk (butter, cheese, and nonfat ed— terfat: dry milk) announced by the Secretary shall (A) by striking ‘‘and’’ at the end of para- (A) During calendar year 1996, $10.30. be the same for all of that product sold by graph (1); (B) During calendar year 1997, $10.20. persons offering to sell the product to the (B) by striking the period at the end of (C) During calendar year 1998, $10.10. Secretary. The purchase prices shall be suffi- paragraph (2) and inserting ‘‘; and’’; and (D) During calendar year 1999, $10.00. cient to enable plants of average efficiency (C) by adding at the end the following: (E) During calendar year 2000, $9.90. to pay producers, on average, a price that is ‘‘(3) the maximum volume of dairy product (F) During calendar year 2001, $9.80. not less than the rate of price support for exports allowable consistent with the obliga- (G) During calendar year 2002, $9.70. milk in effect under paragraph (2). tions of the United States as a member of (3) BID PRICES.—The support purchase (4) SPECIAL RULE FOR BUTTER AND NONFAT the World Trade Organization is exported prices under this subsection for each of the DRY MILK.— under the program each year (minus the vol- products of milk (butter, cheese, and nonfat (A) ALLOCATION OF PURCHASE PRICES.—The ume sold under section 1163 of the Food Se- dry milk) announced by the Secretary shall Secretary may allocate the rate of price sup- curity Act of 1985 (Public Law 99–198; 7 U.S.C. be the same for all of that product sold by port between the purchase prices for nonfat 1731 note) during that year), except to the persons offering to sell the product to the dry milk and butter in a manner that will re- extent that the export of such a volume Secretary. The purchase prices shall be suffi- sult in the lowest level of expenditures by under the program would, in the judgment of cient to enable plants of average efficiency the Commodity Credit Corporation or the Secretary, exceed the limitations on the to pay producers, on average, a price that is achieve such other objectives as the Sec- value set forth in subsection (f); and not less than the rate of price support for retary considers appropriate. The Secretary ‘‘(4) payments may be made under the pro- milk in effect under paragraph (2). shall notify the Committee on Agriculture of gram for exports to any destination in the (4) SPECIAL RULE FOR BUTTER AND NONFAT the House of Representatives and the Com- world for the purpose of market develop- DRY MILK.— S 978 CONGRESSIONAL RECORD — SENATE February 6, 1996

(A) ALLOCATION OF PURCHASE PRICES.—The ume sold under section 1163 of the Food Se- dry milk) announced by the Secretary shall Secretary may allocate the rate of price sup- curity Act of 1985 (Public Law 99–198; 7 U.S.C. be the same for all of that product sold by port between the purchase prices for nonfat 1731 note) during that year), except to the persons offering to sell the product to the dry milk and butter in a manner that will re- extent that the export of such a volume Secretary. The purchase prices shall be suffi- sult in the lowest level of expenditures by under the program would, in the judgment of cient to enable plants of average efficiency the Commodity Credit Corporation or the Secretary, exceed the limitations on the to pay producers, on average, a price that is achieve such other objectives as the Sec- value set forth in subsection (f); and not less than the rate of price support for retary considers appropriate. The Secretary ‘‘(4) payments may be made under the pro- milk in effect under paragraph (2). shall notify the Committee on Agriculture of gram for exports to any destination in the (4) SPECIAL RULE FOR BUTTER AND NONFAT the House of Representatives and the Com- world for the purpose of market develop- DRY MILK.— mittee on Agriculture, Nutrition, and For- ment, except a destination in a country with (A) ALLOCATION OF PURCHASE PRICES.—The estry of the Senate of the allocation. respect to which shipments from the United Secretary may allocate the rate of price sup- (B) TIMING OF PURCHASE PRICE ADJUST- States are otherwise restricted by law.’’. port between the purchase prices for nonfat MENTS.—The Secretary may make any such (4) MARKET DEVELOPMENT.—Section dry milk and butter in a manner that will re- adjustments in the purchase prices for non- 153(e)(1) of the Food Security Act of 1985 is sult in the lowest level of expenditures by fat dry milk and butter the Secretary con- amended— the Commodity Credit Corporation or siders to be necessary not more than twice in (A) by striking ‘‘and’’ and inserting ‘‘the’’; achieve such other objectives as the Sec- each calendar year. and retary considers appropriate. The Secretary (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— (B) by inserting before the period the fol- shall notify the Committee on Agriculture of The Secretary shall provide for a refund of lowing: ‘‘, and any additional amount that the House of Representatives and the Com- the entire reduction required under section may be required to assist in the development mittee on Agriculture, Nutrition, and For- 204(h)(2) of the Agricultural Act of 1949 (7 of world markets for United States dairy estry of the Senate of the allocation. U.S.C. 1446e(h)(2)), as in effect on the day be- products’’. (B) TIMING OF PURCHASE PRICE ADJUST- fore the date of the enactment of this Act, in (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- MENTS.—The Secretary may make any such the price of milk received by a producer dur- tion 153 of the Food Security Act of 1985 is adjustments in the purchase prices for non- ing calendar year 1995 or 1996, if the producer amended by adding at the end the following: fat dry milk and butter the Secretary con- provides evidence that the producer did not ‘‘(f) REQUIRED FUNDING.— siders to be necessary not more than twice in increase marketings in calendar year 1995 or ‘‘(1) IN GENERAL.—Except as provided in each calendar year. 1996 when compared to calendar year 1994. A paragraph (2), the Commodity Credit Cor- (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— refund under this paragraph shall not be con- poration shall in each year use money and The Secretary shall provide for a refund of sidered as any type of price support or pay- commodities for the program under this sec- the entire reduction required under section ment for purposes of sections 1211 and 1221 of tion in the maximum amount consistent 204(h)(2) of the Agricultural Act of 1949 (7 the Food Security Act of 1985 (16 U.S.C. 3811 with the obligations of the United States as U.S.C. 1446e(h)(2)), as in effect on the day be- and 3821). a member of the World Trade Organization, fore the date of the enactment of this Act, in (6) COMMODITY CREDIT CORPORATION.—The minus the amount expended under section the price of milk received by a producer dur- Secretary shall carry out the program au- 1163 of the Food Security Act of 1985 (Public ing calendar year 1995 or 1996, if the producer thorized by this subsection through the Com- Law 99–198; 7 U.S.C. 1731 note) during that provides evidence that the producer did not modity Credit Corporation. year. increase marketings in calendar year 1995 or (7) PERIOD OF EFFECTIVENESS.—This sub- 1996 when compared to calendar year 1994. A ‘‘(2) VOLUME LIMITATIONS.—The Commodity section shall be effective only during the pe- refund under this paragraph shall not be con- Credit Corporation may not exceed the limi- riod beginning on the date of the enactment sidered as any type of price support or pay- tations specified in subsection (c)(3) on the of this Act and ending on December 31, 2002. ment for purposes of sections 1211 and 1221 of volume of allowable dairy product exports.’’. (b) CONSOLIDATION AND REFORM OF FEDERAL the Food Security Act of 1985 (16 U.S.C. 3811 (d) EFFECT ON FLUID MILK STANDARDS IN MILK MARKETING ORDERS.— and 3821). THE STATE OF CALIFORNIA.—Nothing in this (1) AMENDMENT OF ORDERS.—As soon as (6) COMMODITY CREDIT CORPORATION.—The Act or any other provision of law prohibits practicable after the date of the enactment Secretary shall carry out the program au- or otherwise limits the applicability of re- of this Act, the Secretary shall amend Fed- thorized by this subsection through the Com- quirements under any law (including any eral milk marketing orders issued under sec- modity Credit Corporation. regulation) of the State of California regard- tion 8c of the Agricultural Adjustment Act (7 (7) PERIOD OF EFFECTIVENESS.—This sub- ing the percentage of milk solids or solids U.S.C. 608c), reenacted with amendments by section shall be effective only during the pe- not fat in fluid milk products marketed in the Agricultural Marketing Agreement Act riod beginning on the date of the enactment the State of California. of 1937, to— of this Act and ending on December 31, 2002. (e) REPEAL OF MILK MANUFACTURING MAR- (A) limit the number of Federal milk mar- (b) CONSOLIDATION AND REFORM OF FEDERAL KETING ADJUSTMENT.—Section 102 of the keting orders to between 10 and 14 orders; MILK MARKETING ORDERS.— Food, Agriculture, Conservation, and Trade and (1) AMENDMENT OF ORDERS.—As soon as Act of 1990 (7 U.S.C. 1446e–1) is repealed. (B) provide for multiple basing points for practicable after the date of the enactment (f) CONSENT TO NORTHEAST INTERSTATE the pricing of milk. of this Act, the Secretary shall amend Fed- DAIRY COMPACT.—Congress consents to the (2) EXPEDITED PROCESS.—The amendments eral milk marketing orders issued under sec- Northeast Interstate Dairy required under paragraph (1) shall be— tion 8c of the Agricultural Adjustment Act (7 (A) announced not later than December 31, U.S.C. 608c), reenacted with amendments by AMENDMENT NO. 3385 1998; and the Agricultural Marketing Agreement Act (B) implemented not later than December At the appropriate place, insert the follow- of 1937, to— 31, 2000. ing: (A) limit the number of Federal milk mar- (3) FUNDING.—Effective beginning January SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; 1, 2001, the Secretary shall not use any funds (a) MILK PRICE SUPPORT PROGRAM.— and to administer more than 14 Federal milk (1) SUPPORT ACTIVITIES.—During the period (B) provide for multiple basing points for marketing orders. beginning on the date of the enactment of the pricing of milk. (c) DAIRY EXPORT INCENTIVE PROGRAM.— this Act and ending December 31, 2002, the (2) EXPEDITED PROCESS.—The amendments (1) DURATION.—Section 153(a) of the Food Secretary of Agriculture (referred to in this required under paragraph (1) shall be— Security Act of 1985 (15 U.S.C. 713a–14) is section as the ‘‘Secretary’’) shall support the (A) announced not later than December 31, amended by striking ‘‘2001’’ and inserting price of milk produced in the 48 contiguous 1998; and ‘‘2002’’. States through the purchase of cheese, but- (B) implemented not later than December (2) SOLE DISCRETION.—Section 153(b) of the ter, and nonfat dry milk produced from the 31, 2000. Food Security Act of 1985 is amended by in- milk. (3) FUNDING.—Effective beginning January serting ‘‘sole’’ before ‘‘discretion’’. (2) RATE.—The price of milk shall be sup- 1, 2001, the Secretary shall not use any funds (3) ELEMENTS OF PROGRAM.—Section 153(c) ported at the following rates per hundred- to administer more than 14 Federal milk of the Food Security Act of 1985 is amend- weight for milk containing 3.67 percent but- marketing orders. ed— terfat: (c) DAIRY EXPORT INCENTIVE PROGRAM.— (A) by striking ‘‘and’’ at the end of para- (A) During calendar year 1996, $10.25. (1) DURATION.—Section 153(a) of the Food graph (1); (B) During calendar year 1997, $10.15. Security Act of 1985 (15 U.S.C. 713a–14) is (B) by striking the period at the end of (C) During calendar year 1998, $10.05. amended by striking ‘‘2001’’ and inserting paragraph (2) and inserting ‘‘; and’’; and (D) During calendar year 1999, $9.95. ‘‘2002’’. (C) by adding at the end the following: (E) During calendar year 2000, $9.85. (2) SOLE DISCRETION.—Section 153(b) of the ‘‘(3) the maximum volume of dairy product (F) During calendar year 2001, $9.75. Food Security Act of 1985 is amended by in- exports allowable consistent with the obliga- (G) During calendar year 2002, $9.65. serting ‘‘sole’’ before ‘‘discretion’’. tions of the United States as a member of (3) BID PRICES.—The support purchase (3) ELEMENTS OF PROGRAM.—Section 153(c) the World Trade Organization is exported prices under this subsection for each of the of the Food Security Act of 1985 is amend- under the program each year (minus the vol- products of milk (butter, cheese, and nonfat ed— February 6, 1996 CONGRESSIONAL RECORD — SENATE S 979

(A) by striking ‘‘and’’ at the end of para- (A) During calendar year 1996, $10.20. (1) DURATION.—Section 153(a) of the Food graph (1); (B) During calendar year 1997, $10.10. Security Act of 1985 (15 U.S.C. 713a–14) is (B) by striking the period at the end of (C) During calendar year 1998, $10.00. amended by striking ‘‘2001’’ and inserting paragraph (2) and inserting ‘‘; and’’; and (D) During calendar year 1999, $9.90. ‘‘2002’’. (C) by adding at the end the following: (E) During calendar year 2000, $9.80. (2) SOLE DISCRETION.—Section 153(b) of the ‘‘(3) the maximum volume of dairy product (F) During calendar year 2001, $9.70. Food Security Act of 1985 is amended by in- exports allowable consistent with the obliga- (G) During calendar year 2002, $9.60. serting ‘‘sole’’ before ‘‘discretion’’. tions of the United States as a member of (3) BID PRICES.—The support purchase (3) ELEMENTS OF PROGRAM.—Section 153(c) the World Trade Organization is exported prices under this subsection for each of the of the Food Security Act of 1985 is amend- under the program each year (minus the vol- products of milk (butter, cheese, and nonfat ed— ume sold under section 1163 of the Food Se- dry milk) announced by the Secretary shall (A) by striking ‘‘and’’ at the end of para- curity Act of 1985 (Public Law 99–198; 7 U.S.C. be the same for all of that product sold by graph (1); 1731 note) during that year), except to the persons offering to sell the product to the (B) by striking the period at the end of extent that the export of such a volume Secretary. The purchase prices shall be suffi- paragraph (2) and inserting ‘‘; and’’; and under the program would, in the judgment of cient to enable plants of average efficiency (C) by adding at the end the following: the Secretary, exceed the limitations on the to pay producers, on average, a price that is ‘‘(3) the maximum volume of dairy product value set forth in subsection (f); and not less than the rate of price support for exports allowable consistent with the obliga- ‘‘(4) payments may be made under the pro- milk in effect under paragraph (2). tions of the United States as a member of gram for exports to any destination in the (4) SPECIAL RULE FOR BUTTER AND NONFAT the World Trade Organization is exported world for the purpose of market develop- DRY MILK.— under the program each year (minus the vol- ment, except a destination in a country with (A) ALLOCATION OF PURCHASE PRICES.—The ume sold under section 1163 of the Food Se- respect to which shipments from the United Secretary may allocate the rate of price sup- curity Act of 1985 (Public Law 99–198; 7 U.S.C. States are otherwise restricted by law.’’. port between the purchase prices for nonfat 1731 note) during that year), except to the (4) MARKET DEVELOPMENT.—Section dry milk and butter in a manner that will re- extent that the export of such a volume 153(e)(1) of the Food Security Act of 1985 is sult in the lowest level of expenditures by under the program would, in the judgment of amended— the Commodity Credit Corporation or the Secretary, exceed the limitations on the (A) by striking ‘‘and’’ and inserting ‘‘the’’; achieve such other objectives as the Sec- value set forth in subsection (f); and and retary considers appropriate. The Secretary ‘‘(4) payments may be made under the pro- (B) by inserting before the period the fol- shall notify the Committee on Agriculture of gram for exports to any destination in the lowing: ‘‘, and any additional amount that the House of Representatives and the Com- world for the purpose of market develop- may be required to assist in the development mittee on Agriculture, Nutrition, and For- ment, except a destination in a country with of world markets for United States dairy estry of the Senate of the allocation. respect to which shipments from the United products’’. (B) TIMING OF PURCHASE PRICE ADJUST- States are otherwise restricted by law.’’. MENTS.—The Secretary may make any such (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- (4) MARKET DEVELOPMENT.—Section tion 153 of the Food Security Act of 1985 is adjustments in the purchase prices for non- 153(e)(1) of the Food Security Act of 1985 is fat dry milk and butter the Secretary con- amended by adding at the end the following: amended— siders to be necessary not more than twice in ‘‘(f) REQUIRED FUNDING.— (A) by striking ‘‘and’’ and inserting ‘‘the’’; each calendar year. ‘‘(1) IN GENERAL.—Except as provided in and (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— paragraph (2), the Commodity Credit Cor- (B) by inserting before the period the fol- The Secretary shall provide for a refund of poration shall in each year use money and lowing: ‘‘, and any additional amount that the entire reduction required under section commodities for the program under this sec- may be required to assist in the development 204(h)(2) of the Agricultural Act of 1949 (7 tion in the maximum amount consistent of world markets for United States dairy U.S.C. 1446e(h)(2)), as in effect on the day be- with the obligations of the United States as products’’. fore the date of the enactment of this Act, in a member of the World Trade Organization, (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- the price of milk received by a producer dur- minus the amount expended under section tion 153 of the Food Security Act of 1985 is ing calendar year 1995 or 1996, if the producer 1163 of the Food Security Act of 1985 (Public amended by adding at the end the following: provides evidence that the producer did not Law 99–198; 7 U.S.C. 1731 note) during that ‘‘(f) REQUIRED FUNDING.— increase marketings in calendar year 1995 or year. ‘‘(1) IN GENERAL.—Except as provided in 1996 when compared to calendar year 1994. A ‘‘(2) VOLUME LIMITATIONS.—The Commodity paragraph (2), the Commodity Credit Cor- refund under this paragraph shall not be con- Credit Corporation may not exceed the limi- poration shall in each year use money and sidered as any type of price support or pay- tations specified in subsection (c)(3) on the commodities for the program under this sec- ment for purposes of sections 1211 and 1221 of volume of allowable dairy product exports.’’. tion in the maximum amount consistent the Food Security Act of 1985 (16 U.S.C. 3811 (d) EFFECT ON FLUID MILK STANDARDS IN with the obligations of the United States as and 3821). THE STATE OF CALIFORNIA.—Nothing in this a member of the World Trade Organization, (6) COMMODITY CREDIT CORPORATION.—The Act or any other provision of law prohibits minus the amount expended under section Secretary shall carry out the program au- or otherwise limits the applicability of re- 1163 of the Food Security Act of 1985 (Public thorized by this subsection through the Com- quirements under any law (including any Law 99–198; 7 U.S.C. 1731 note) during that modity Credit Corporation. regulation) of the State of California regard- year. (7) PERIOD OF EFFECTIVENESS.—This sub- ing the percentage of milk solids or solids ‘‘(2) VOLUME LIMITATIONS.—The Commodity section shall be effective only during the pe- not fat in fluid milk products marketed in Credit Corporation may not exceed the limi- riod beginning on the date of the enactment the State of California. tations specified in subsection (c)(3) on the of this Act and ending on December 31, 2002. (e) REPEAL OF MILK MANUFACTURING MAR- volume of allowable dairy product exports.’’. (b) CONSOLIDATION AND REFORM OF FEDERAL KETING ADJUSTMENT.—Section 102 of the (d) EFFECT ON FLUID MILK STANDARDS IN MILK MARKETING ORDERS.— Food, Agriculture, Conservation, and Trade THE STATE OF CALIFORNIA.—Nothing in this (1) AMENDMENT OF ORDERS.—As soon as Act of 1990 (7 U.S.C. 1446e–1) is repealed. practicable after the date of the enactment Act or any other provision of law prohibits (f) CONSENT TO NORTHEAST INTERSTATE of this Act, the Secretary shall amend Fed- or otherwise limits the applicability of re- DAIRY COMPACT.—Congress consents to the eral milk marketing orders issued under sec- quirements under any law (including any Northeast Interstate Dairy tion 8c of the Agricultural Adjustment Act (7 regulation) of the State of California regard- U.S.C. 608c), reenacted with amendments by ing the percentage of milk solids or solids AMENDMENT NO. 3386 the Agricultural Marketing Agreement Act not fat in fluid milk products marketed in At the appropriate place, insert the follow- of 1937, to— the State of California. (e) REPEAL OF MILK MANUFACTURING MAR- ing: (A) limit the number of Federal milk mar- KETING ADJUSTMENT.—Section 102 of the SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; Food, Agriculture, Conservation, and Trade (a) MILK PRICE SUPPORT PROGRAM.— and Act of 1990 (7 U.S.C. 1446e–1) is repealed. (1) SUPPORT ACTIVITIES.—During the period (B) provide for multiple basing points for (f) CONSENT TO NORTHEAST INTERSTATE beginning on the date of the enactment of the pricing of milk. DAIRY COMPACT.—Congress consents to the this Act and ending December 31, 2002, the (2) EXPEDITED PROCESS.—The amendments Northeast Interstate Dairy Secretary of Agriculture (referred to in this required under paragraph (1) shall be— section as the ‘‘Secretary’’) shall support the (A) announced not later than December 31, AMENDMENT NO. 3387 price of milk produced in the 48 contiguous 1998; and States through the purchase of cheese, but- (B) implemented not later than December At the appropriate place, insert the follow- ter, and nonfat dry milk produced from the 31, 2000. ing: milk. (3) FUNDING.—Effective beginning January SEC. 108. MILK PROGRAM. (2) RATE.—The price of milk shall be sup- 1, 2001, the Secretary shall not use any funds (a) MILK PRICE SUPPORT PROGRAM.— ported at the following rates per hundred- to administer more than 14 Federal milk (1) SUPPORT ACTIVITIES.—During the period weight for milk containing 3.67 percent but- marketing orders. beginning on the date of the enactment of terfat: (c) DAIRY EXPORT INCENTIVE PROGRAM.— this Act and ending December 31, 2002, the S 980 CONGRESSIONAL RECORD — SENATE February 6, 1996

Secretary of Agriculture (referred to in this (2) EXPEDITED PROCESS.—The amendments (f) CONSENT TO NORTHEAST INTERSTATE section as the ‘‘Secretary’’) shall support the required under paragraph (1) shall be— DAIRY COMPACT.—Congress consents to the price of milk produced in the 48 contiguous (A) announced not later than December 31, Northeast Interstate Dairy States through the purchase of cheese, but- 1998; and ter, and nonfat dry milk produced from the (B) implemented not later than December AMENDMENT NO. 3388 milk. 31, 2000. At the appropriate place, insert the follow- (2) RATE.—The price of milk shall be sup- (3) FUNDING.—Effective beginning January ing: ported at the following rates per hundred- 1, 2001, the Secretary shall not use any funds SEC. 108. MILK PROGRAM. weight for milk containing 3.67 percent but- to administer more than 14 Federal milk (a) MILK PRICE SUPPORT PROGRAM.— terfat: marketing orders. (1) SUPPORT ACTIVITIES.—During the period (A) During calendar year 1996, $10.15. (c) DAIRY EXPORT INCENTIVE PROGRAM.— beginning on the date of the enactment of this Act and ending December 31, 2002, the (B) During calendar year 1997, $10.05. (1) DURATION.—Section 153(a) of the Food (C) During calendar year 1998, $9.95. Security Act of 1985 (15 U.S.C. 713a–14) is Secretary of Agriculture (referred to in this (D) During calendar year 1999, $9.85. amended by striking ‘‘2001’’ and inserting section as the ‘‘Secretary’’) shall support the (E) During calendar year 2000, $9.75. ‘‘2002’’. price of milk produced in the 48 contiguous States through the purchase of cheese, but- (F) During calendar year 2001, $9.65. (2) SOLE DISCRETION.—Section 153(b) of the (G) During calendar year 2002, $9.55. Food Security Act of 1985 is amended by in- ter, and nonfat dry milk produced from the milk. (3) BID PRICES.—The support purchase serting ‘‘sole’’ before ‘‘discretion’’. (2) RATE.—The price of milk shall be sup- prices under this subsection for each of the (3) ELEMENTS OF PROGRAM.—Section 153(c) ported at the following rates per hundred- products of milk (butter, cheese, and nonfat of the Food Security Act of 1985 is amend- weight for milk containing 3.67 percent but- dry milk) announced by the Secretary shall ed— terfat: be the same for all of that product sold by (A) by striking ‘‘and’’ at the end of para- (A) During calendar year 1996, $10.10. persons offering to sell the product to the graph (1); (B) During calendar year 1997, $10.00. Secretary. The purchase prices shall be suffi- (B) by striking the period at the end of (C) During calendar year 1998, $9.90. cient to enable plants of average efficiency paragraph (2) and inserting ‘‘; and’’; and to pay producers, on average, a price that is (D) During calendar year 1999, $9.80. (C) by adding at the end the following: (E) During calendar year 2000, $9.70. not less than the rate of price support for ‘‘(3) the maximum volume of dairy product milk in effect under paragraph (2). (F) During calendar year 2001, $9.60. exports allowable consistent with the obliga- (G) During calendar year 2002, $9.50. (4) SPECIAL RULE FOR BUTTER AND NONFAT tions of the United States as a member of (3) BID PRICES.—The support purchase DRY MILK.— the World Trade Organization is exported (A) ALLOCATION OF PURCHASE PRICES.—The prices under this subsection for each of the under the program each year (minus the vol- products of milk (butter, cheese, and nonfat Secretary may allocate the rate of price sup- ume sold under section 1163 of the Food Se- port between the purchase prices for nonfat dry milk) announced by the Secretary shall curity Act of 1985 (Public Law 99–198; 7 U.S.C. be the same for all of that product sold by dry milk and butter in a manner that will re- 1731 note) during that year), except to the sult in the lowest level of expenditures by persons offering to sell the product to the extent that the export of such a volume Secretary. The purchase prices shall be suffi- the Commodity Credit Corporation or under the program would, in the judgment of achieve such other objectives as the Sec- cient to enable plants of average efficiency the Secretary, exceed the limitations on the to pay producers, on average, a price that is retary considers appropriate. The Secretary value set forth in subsection (f); and shall notify the Committee on Agriculture of not less than the rate of price support for ‘‘(4) payments may be made under the pro- milk in effect under paragraph (2). the House of Representatives and the Com- gram for exports to any destination in the mittee on Agriculture, Nutrition, and For- (4) SPECIAL RULE FOR BUTTER AND NONFAT world for the purpose of market develop- DRY MILK.— estry of the Senate of the allocation. ment, except a destination in a country with (A) ALLOCATION OF PURCHASE PRICES.—The (B) TIMING OF PURCHASE PRICE ADJUST- respect to which shipments from the United Secretary may allocate the rate of price sup- MENTS.—The Secretary may make any such States are otherwise restricted by law.’’. port between the purchase prices for nonfat adjustments in the purchase prices for non- (4) MARKET DEVELOPMENT.—Section dry milk and butter in a manner that will re- fat dry milk and butter the Secretary con- 153(e)(1) of the Food Security Act of 1985 is sult in the lowest level of expenditures by siders to be necessary not more than twice in amended— the Commodity Credit Corporation or each calendar year. (A) by striking ‘‘and’’ and inserting ‘‘the’’; achieve such other objectives as the Sec- (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— and retary considers appropriate. The Secretary The Secretary shall provide for a refund of (B) by inserting before the period the fol- shall notify the Committee on Agriculture of the entire reduction required under section lowing: ‘‘, and any additional amount that the House of Representatives and the Com- 204(h)(2) of the Agricultural Act of 1949 (7 may be required to assist in the development mittee on Agriculture, Nutrition, and For- U.S.C. 1446e(h)(2)), as in effect on the day be- of world markets for United States dairy estry of the Senate of the allocation. fore the date of the enactment of this Act, in products’’. (B) TIMING OF PURCHASE PRICE ADJUST- the price of milk received by a producer dur- (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- MENTS.—The Secretary may make any such ing calendar year 1995 or 1996, if the producer tion 153 of the Food Security Act of 1985 is adjustments in the purchase prices for non- provides evidence that the producer did not amended by adding at the end the following: fat dry milk and butter the Secretary con- increase marketings in calendar year 1995 or ‘‘(f) REQUIRED FUNDING.— siders to be necessary not more than twice in 1996 when compared to calendar year 1994. A each calendar year. refund under this paragraph shall not be con- ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Commodity Credit Cor- (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— sidered as any type of price support or pay- The Secretary shall provide for a refund of ment for purposes of sections 1211 and 1221 of poration shall in each year use money and commodities for the program under this sec- the entire reduction required under section the Food Security Act of 1985 (16 U.S.C. 3811 204(h)(2) of the Agricultural Act of 1949 (7 and 3821). tion in the maximum amount consistent with the obligations of the United States as U.S.C. 1446e(h)(2)), as in effect on the day be- (6) COMMODITY CREDIT CORPORATION.—The fore the date of the enactment of this Act, in Secretary shall carry out the program au- a member of the World Trade Organization, minus the amount expended under section the price of milk received by a producer dur- thorized by this subsection through the Com- ing calendar year 1995 or 1996, if the producer modity Credit Corporation. 1163 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1731 note) during that provides evidence that the producer did not (7) PERIOD OF EFFECTIVENESS.—This sub- increase marketings in calendar year 1995 or section shall be effective only during the pe- year. ‘‘(2) VOLUME LIMITATIONS.—The Commodity 1996 when compared to calendar year 1994. A riod beginning on the date of the enactment refund under this paragraph shall not be con- of this Act and ending on December 31, 2002. Credit Corporation may not exceed the limi- tations specified in subsection (c)(3) on the sidered as any type of price support or pay- (b) CONSOLIDATION AND REFORM OF FEDERAL volume of allowable dairy product exports.’’. ment for purposes of sections 1211 and 1221 of MILK MARKETING ORDERS.— the Food Security Act of 1985 (16 U.S.C. 3811 (d) EFFECT ON FLUID MILK STANDARDS IN (1) AMENDMENT OF ORDERS.—As soon as and 3821). THE STATE OF CALIFORNIA.—Nothing in this practicable after the date of the enactment (6) COMMODITY CREDIT CORPORATION.—The of this Act, the Secretary shall amend Fed- Act or any other provision of law prohibits Secretary shall carry out the program au- eral milk marketing orders issued under sec- or otherwise limits the applicability of re- thorized by this subsection through the Com- tion 8c of the Agricultural Adjustment Act (7 quirements under any law (including any modity Credit Corporation. regulation) of the State of California regard- U.S.C. 608c), reenacted with amendments by (7) PERIOD OF EFFECTIVENESS.—This sub- the Agricultural Marketing Agreement Act ing the percentage of milk solids or solids section shall be effective only during the pe- of 1937, to— not fat in fluid milk products marketed in riod beginning on the date of the enactment (A) limit the number of Federal milk mar- the State of California. of this Act and ending on December 31, 2002. keting orders to between 10 and 14 orders; (e) REPEAL OF MILK MANUFACTURING MAR- (b) CONSOLIDATION AND REFORM OF FEDERAL and KETING ADJUSTMENT.—Section 102 of the MILK MARKETING ORDERS.— (B) provide for multiple basing points for Food, Agriculture, Conservation, and Trade (1) AMENDMENT OF ORDERS.—As soon as the pricing of milk. Act of 1990 (7 U.S.C. 1446e–1) is repealed. practicable after the date of the enactment February 6, 1996 CONGRESSIONAL RECORD — SENATE S 981 of this Act, the Secretary shall amend Fed- quirements under any law (including any provides evidence that the producer did not eral milk marketing orders issued under sec- regulation) of the State of California regard- increase marketings in calendar year 1995 or tion 8c of the Agricultural Adjustment Act (7 ing the percentage of milk solids or solids 1996 when compared to calendar year 1994. A U.S.C. 608c), reenacted with amendments by not fat in fluid milk products marketed in refund under this paragraph shall not be con- the Agricultural Marketing Agreement Act the State of California. sidered as any type of price support or pay- of 1937, to— (e) REPEAL OF MILK MANUFACTURING MAR- ment for purposes of sections 1211 and 1221 of (A) limit the number of Federal milk mar- KETING ADJUSTMENT.—Section 102 of the the Food Security Act of 1985 (16 U.S.C. 3811 keting orders to between 10 and 14 orders; Food, Agriculture, Conservation, and Trade and 3821). and Act of 1990 (7 U.S.C. 1446e–1) is repealed. (6) COMMODITY CREDIT CORPORATION.—The (B) provide for multiple basing points for (f) CONSENT TO NORTHEAST INTERSTATE Secretary shall carry out the program au- the pricing of milk. DAIRY COMPACT.—Congress consents to the thorized by this subsection through the Com- (2) EXPEDITED PROCESS.—The amendments Northeast Interstate Dairy modity Credit Corporation. required under paragraph (1) shall be— (7) PERIOD OF EFFECTIVENESS.—This sub- (A) announced not later than December 31, D’AMATO AMENDMENTS NOS. 3389– section shall be effective only during the pe- 1998; and riod beginning on the date of the enactment (B) implemented not later than December 3394 of this Act and ending on December 31, 2002. 31, 2000. (Ordered to lie on the table.) (b) CONSOLIDATION AND REFORM OF FEDERAL (3) FUNDING.—Effective beginning January Mr. D’AMATO submitted six amend- MILK MARKETING ORDERS.— 1, 2001, the Secretary shall not use any funds ments intended to be proposed by him (1) AMENDMENT OF ORDERS.—As soon as practicable after the date of the enactment to administer more than 14 Federal milk to amendment No. 3184 proposed by Mr. marketing orders. of this Act, the Secretary shall amend Fed- (c) DAIRY EXPORT INCENTIVE PROGRAM.— LEAHY to the bill S. 1541, supra; as fol- eral milk marketing orders issued under sec- (1) DURATION.—Section 153(a) of the Food lows: tion 8c of the Agricultural Adjustment Act (7 Security Act of 1985 (15 U.S.C. 713a–14) is AMENDMENT NO. 3389 U.S.C. 608c), reenacted with amendments by amended by striking ‘‘2001’’ and inserting On page 1–73, strike lines 12 through 14 and the Agricultural Marketing Agreement Act ‘‘2002’’. insert the following: of 1937, to— (2) SOLE DISCRETION.—Section 153(b) of the (A) limit the number of Federal milk mar- Food Security Act of 1985 is amended by in- SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; serting ‘‘sole’’ before ‘‘discretion’’. (a) MILK PRICE SUPPORT PROGRAM.— and (3) ELEMENTS OF PROGRAM.—Section 153(c) (1) SUPPORT ACTIVITIES.—During the period (B) provide for multiple basing points for of the Food Security Act of 1985 is amend- beginning on the date of the enactment of the pricing of milk. ed— this Act and ending December 31, 2002, the (2) EXPEDITED PROCESS.—The amendments (A) by striking ‘‘and’’ at the end of para- Secretary of Agriculture (referred to in this required under paragraph (1) shall be— graph (1); section as the ‘‘Secretary’’) shall support the (A) announced not later than December 31, (B) by striking the period at the end of price of milk produced in the 48 contiguous 1998; and paragraph (2) and inserting ‘‘; and’’; and States through the purchase of cheese, but- (B) implemented not later than December (C) by adding at the end the following: ter, and nonfat dry milk produced from the 31, 2000. ‘‘(3) the maximum volume of dairy product milk. (3) FUNDING.—Effective beginning January exports allowable consistent with the obliga- (2) RATE.—The price of milk shall be sup- 1, 2001, the Secretary shall not use any funds tions of the United States as a member of ported at the following rates per hundred- to administer more than 14 Federal milk the World Trade Organization is exported weight for milk containing 3.67 percent but- marketing orders. under the program each year (minus the vol- terfat: (c) DAIRY EXPORT INCENTIVE PROGRAM.— ume sold under section 1163 of the Food Se- (A) During calendar year 1996, $10.35. (1) DURATION.—Section 153(a) of the Food curity Act of 1985 (Public Law 99–198; 7 U.S.C. (B) During calendar year 1997, $10.25. Security Act of 1985 (15 U.S.C. 713a–14) is 1731 note) during that year), except to the (C) During calendar year 1998, $10.15. amended by striking ‘‘2001’’ and inserting extent that the export of such a volume (D) During calendar year 1999, $10.05. ‘‘2002’’. under the program would, in the judgment of (E) During calendar year 2000, $9.95. (2) SOLE DISCRETION.—Section 153(b) of the the Secretary, exceed the limitations on the (F) During calendar year 2001, $9.85. Food Security Act of 1985 is amended by in- value set forth in subsection (f); and (G) During calendar year 2002, $9.75. serting ‘‘sole’’ before ‘‘discretion’’. ‘‘(4) payments may be made under the pro- (3) BID PRICES.—The support purchase (3) ELEMENTS OF PROGRAM.—Section 153(c) gram for exports to any destination in the prices under this subsection for each of the of the Food Security Act of 1985 is amend- world for the purpose of market develop- products of milk (butter, cheese, and nonfat ed— ment, except a destination in a country with dry milk) announced by the Secretary shall (A) by striking ‘‘and’’ at the end of para- respect to which shipments from the United be the same for all of that product sold by graph (1); States are otherwise restricted by law.’’. persons offering to sell the product to the (B) by striking the period at the end of (4) MARKET DEVELOPMENT.—Section Secretary. The purchase prices shall be suffi- paragraph (2) and inserting ‘‘; and’’; and 153(e)(1) of the Food Security Act of 1985 is cient to enable plants of average efficiency (C) by adding at the end the following: amended— to pay producers, on average, a price that is ‘‘(3) the maximum volume of dairy product (A) by striking ‘‘and’’ and inserting ‘‘the’’; not less than the rate of price support for exports allowable consistent with the obliga- and milk in effect under paragraph (2). tions of the United States as a member of (B) by inserting before the period the fol- (4) SPECIAL RULE FOR BUTTER AND NONFAT the World Trade Organization is exported lowing: ‘‘, and any additional amount that DRY MILK.— under the program each year (minus the vol- may be required to assist in the development (A) ALLOCATION OF PURCHASE PRICES.—The ume sold under section 1163 of the Food Se- of world markets for United States dairy Secretary may allocate the rate of price sup- curity Act of 1985 (Public Law 99–198; 7 U.S.C. products’’. port between the purchase prices for nonfat 1731 note) during that year), except to the (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- dry milk and butter in a manner that will re- extent that the export of such a volume tion 153 of the Food Security Act of 1985 is sult in the lowest level of expenditures by under the program would, in the judgment of amended by adding at the end the following: the Commodity Credit Corporation or the Secretary, exceed the limitations on the ‘‘(f) REQUIRED FUNDING.— achieve such other objectives as the Sec- value set forth in subsection (f); and ‘‘(1) IN GENERAL.—Except as provided in retary considers appropriate. The Secretary ‘‘(4) payments may be made under the pro- paragraph (2), the Commodity Credit Cor- shall notify the Committee on Agriculture of gram for exports to any destination in the poration shall in each year use money and the House of Representatives and the Com- world for the purpose of market develop- commodities for the program under this sec- mittee on Agriculture, Nutrition, and For- ment, except a destination in a country with tion in the maximum amount consistent estry of the Senate of the allocation. respect to which shipments from the United with the obligations of the United States as (B) TIMING OF PURCHASE PRICE ADJUST- States are otherwise restricted by law.’’. a member of the World Trade Organization, MENTS.—The Secretary may make any such (4) MARKET DEVELOPMENT.—Section minus the amount expended under section adjustments in the purchase prices for non- 153(e)(1) of the Food Security Act of 1985 is 1163 of the Food Security Act of 1985 (Public fat dry milk and butter the Secretary con- amended— Law 99–198; 7 U.S.C. 1731 note) during that siders to be necessary not more than twice in (A) by striking ‘‘and’’ and inserting ‘‘the’’; year. each calendar year. and ‘‘(2) VOLUME LIMITATIONS.—The Commodity (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— (B) by inserting before the period the fol- Credit Corporation may not exceed the limi- The Secretary shall provide for a refund of lowing: ‘‘, and any additional amount that tations specified in subsection (c)(3) on the the entire reduction required under section may be required to assist in the development volume of allowable dairy product exports.’’. 204(h)(2) of the Agricultural Act of 1949 (7 of world markets for United States dairy (d) EFFECT ON FLUID MILK STANDARDS IN U.S.C. 1446e(h)(2)), as in effect on the day be- products’’. THE STATE OF CALIFORNIA.—Nothing in this fore the date of the enactment of this Act, in (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- Act or any other provision of law prohibits the price of milk received by a producer dur- tion 153 of the Food Security Act of 1985 is or otherwise limits the applicability of re- ing calendar year 1995 or 1996, if the producer amended by adding at the end the following: S 982 CONGRESSIONAL RECORD — SENATE February 6, 1996

‘‘(f) REQUIRED FUNDING.— (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— (B) by inserting before the period the fol- ‘‘(1) IN GENERAL.—Except as provided in The Secretary shall provide for a refund of lowing: ‘‘, and any additional amount that paragraph (2), the Commodity Credit Cor- the entire reduction required under section may be required to assist in the development poration shall in each year use money and 204(h)(2) of the Agricultural Act of 1949 (7 of world markets for United States dairy commodities for the program under this sec- U.S.C. 1446e(h)(2)), as in effect on the day be- products’’. tion in the maximum amount consistent fore the date of the enactment of this Act, in (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- with the obligations of the United States as the price of milk received by a producer dur- tion 153 of the Food Security Act of 1985 is a member of the World Trade Organization, ing calendar year 1995 or 1996, if the producer amended by adding at the end the following: minus the amount expended under section provides evidence that the producer did not ‘‘(f) REQUIRED FUNDING.— 1163 of the Food Security Act of 1985 (Public increase marketings in calendar year 1995 or ‘‘(1) IN GENERAL.—Except as provided in Law 99–198; 7 U.S.C. 1731 note) during that 1996 when compared to calendar year 1994. A paragraph (2), the Commodity Credit Cor- year. refund under this paragraph shall not be con- poration shall in each year use money and ‘‘(2) VOLUME LIMITATIONS.—The Commodity sidered as any type of price support or pay- commodities for the program under this sec- Credit Corporation may not exceed the limi- ment for purposes of sections 1211 and 1221 of tion in the maximum amount consistent tations specified in subsection (c)(3) on the the Food Security Act of 1985 (16 U.S.C. 3811 with the obligations of the United States as volume of allowable dairy product exports.’’. and 3821). a member of the World Trade Organization, (d) EFFECT ON FLUID MILK STANDARDS IN (6) COMMODITY CREDIT CORPORATION.—The minus the amount expended under section THE STATE OF CALIFORNIA.—Nothing in this Secretary shall carry out the program au- 1163 of the Food Security Act of 1985 (Public Act or any other provision of law prohibits thorized by this subsection through the Com- Law 99–198; 7 U.S.C. 1731 note) during that or otherwise limits the applicability of re- modity Credit Corporation. year. quirements under any law (including any (7) PERIOD OF EFFECTIVENESS.—This sub- ‘‘(2) VOLUME LIMITATIONS.—The Commodity regulation) of the State of California regard- section shall be effective only during the pe- Credit Corporation may not exceed the limi- ing the percentage of milk solids or solids riod beginning on the date of the enactment tations specified in subsection (c)(3) on the not fat in fluid milk products marketed in of this Act and ending on December 31, 2002. volume of allowable dairy product exports.’’. the State of California. (b) CONSOLIDATION AND REFORM OF FEDERAL (d) EFFECT ON FLUID MILK STANDARDS IN (e) REPEAL OF MILK MANUFACTURING MAR- MILK MARKETING ORDERS.— THE STATE OF CALIFORNIA.—Nothing in this KETING ADJUSTMENT.—Section 102 of the (1) AMENDMENT OF ORDERS.—As soon as Act or any other provision of law prohibits Food, Agriculture, Conservation, and Trade practicable after the date of the enactment or otherwise limits the applicability of re- Act of 1990 (7 U.S.C. 1446e–1) is repealed. of this Act, the Secretary shall amend Fed- (f) CONSENT TO NORTHEAST INTERSTATE quirements under any law (including any eral milk marketing orders issued under sec- regulation) of the State of California regard- DAIRY COMPACT.—Congress consents to the tion 8c of the Agricultural Adjustment Act (7 Northeast Interstate Dairy ing the percentage of milk solids or solids U.S.C. 608c), reenacted with amendments by not fat in fluid milk products marketed in AMENDMENT NO. 3390 the Agricultural Marketing Agreement Act the State of California. On page 1–73, strike lines 12 through 14 and of 1937, to— (e) REPEAL OF MILK MANUFACTURING MAR- insert the following: (A) limit the number of Federal milk mar- KETING ADJUSTMENT.—Section 102 of the SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; Food, Agriculture, Conservation, and Trade (a) MILK PRICE SUPPORT PROGRAM.— and Act of 1990 (7 U.S.C. 1446e–1) is repealed. (B) provide for multiple basing points for (1) SUPPORT ACTIVITIES.—During the period (f) CONSENT TO NORTHEAST INTERSTATE the pricing of milk. beginning on the date of the enactment of DAIRY COMPACT.—Congress consents to the XPEDITED PROCESS.—The amendments this Act and ending December 31, 2002, the (2) E Northeast Interstate Dairy Secretary of Agriculture (referred to in this required under paragraph (1) shall be— section as the ‘‘Secretary’’) shall support the (A) announced not later than December 31, AMENDMENT NO. 3391 price of milk produced in the 48 contiguous 1998; and States through the purchase of cheese, but- (B) implemented not later than December On page 1–73, strike lines 12 through 14 and ter, and nonfat dry milk produced from the 31, 2000. insert the following: milk. (3) FUNDING.—Effective beginning January SEC. 108. MILK PROGRAM. (2) RATE.—The price of milk shall be sup- 1, 2001, the Secretary shall not use any funds (a) MILK PRICE SUPPORT PROGRAM.— ported at the following rates per hundred- to administer more than 14 Federal milk (1) SUPPORT ACTIVITIES.—During the period weight for milk containing 3.67 percent but- marketing orders. beginning on the date of the enactment of terfat: (c) DAIRY EXPORT INCENTIVE PROGRAM.— this Act and ending December 31, 2002, the (A) During calendar year 1996, $10.30. (1) DURATION.—Section 153(a) of the Food Secretary of Agriculture (referred to in this (B) During calendar year 1997, $10.20. Security Act of 1985 (15 U.S.C. 713a–14) is section as the ‘‘Secretary’’) shall support the (C) During calendar year 1998, $10.10. amended by striking ‘‘2001’’ and inserting price of milk produced in the 48 contiguous (D) During calendar year 1999, $10.00. ‘‘2002’’. States through the purchase of cheese, but- (E) During calendar year 2000, $9.90. (2) SOLE DISCRETION.—Section 153(b) of the ter, and nonfat dry milk produced from the (F) During calendar year 2001, $9.80. Food Security Act of 1985 is amended by in- milk. (G) During calendar year 2002, $9.70. serting ‘‘sole’’ before ‘‘discretion’’. (2) RATE.—The price of milk shall be sup- (3) BID PRICES.—The support purchase (3) ELEMENTS OF PROGRAM.—Section 153(c) ported at the following rates per hundred- prices under this subsection for each of the of the Food Security Act of 1985 is amend- weight for milk containing 3.67 percent but- products of milk (butter, cheese, and nonfat ed— terfat: dry milk) announced by the Secretary shall (A) by striking ‘‘and’’ at the end of para- (A) During calendar year 1996, $10.25. be the same for all of that product sold by graph (1); (B) During calendar year 1997, $10.15. persons offering to sell the product to the (B) by striking the period at the end of (C) During calendar year 1998, $10.05. Secretary. The purchase prices shall be suffi- paragraph (2) and inserting ‘‘; and’’; and (D) During calendar year 1999, $9.95. cient to enable plants of average efficiency (C) by adding at the end the following: (E) During calendar year 2000, $9.85. to pay producers, on average, a price that is ‘‘(3) the maximum volume of dairy product (F) During calendar year 2001, $9.75. not less than the rate of price support for exports allowable consistent with the obliga- (G) During calendar year 2002, $9.65. milk in effect under paragraph (2). tions of the United States as a member of (3) BID PRICES.—The support purchase (4) SPECIAL RULE FOR BUTTER AND NONFAT the World Trade Organization is exported prices under this subsection for each of the DRY MILK.— under the program each year (minus the vol- products of milk (butter, cheese, and nonfat (A) ALLOCATION OF PURCHASE PRICES.—The ume sold under section 1163 of the Food Se- dry milk) announced by the Secretary shall Secretary may allocate the rate of price sup- curity Act of 1985 (Public Law 99–198; 7 U.S.C. be the same for all of that product sold by port between the purchase prices for nonfat 1731 note) during that year), except to the persons offering to sell the product to the dry milk and butter in a manner that will re- extent that the export of such a volume Secretary. The purchase prices shall be suffi- sult in the lowest level of expenditures by under the program would, in the judgment of cient to enable plants of average efficiency the Commodity Credit Corporation or the Secretary, exceed the limitations on the to pay producers, on average, a price that is achieve such other objectives as the Sec- value set forth in subsection (f); and not less than the rate of price support for retary considers appropriate. The Secretary ‘‘(4) payments may be made under the pro- milk in effect under paragraph (2). shall notify the Committee on Agriculture of gram for exports to any destination in the (4) SPECIAL RULE FOR BUTTER AND NONFAT the House of Representatives and the Com- world for the purpose of market develop- DRY MILK.— mittee on Agriculture, Nutrition, and For- ment, except a destination in a country with (A) ALLOCATION OF PURCHASE PRICES.—The estry of the Senate of the allocation. respect to which shipments from the United Secretary may allocate the rate of price sup- (B) TIMING OF PURCHASE PRICE ADJUST- States are otherwise restricted by law.’’. port between the purchase prices for nonfat MENTS.—The Secretary may make any such (4) MARKET DEVELOPMENT.—Section dry milk and butter in a manner that will re- adjustments in the purchase prices for non- 153(e)(1) of the Food Security Act of 1985 is sult in the lowest level of expenditures by fat dry milk and butter the Secretary con- amended— the Commodity Credit Corporation or siders to be necessary not more than twice in (A) by striking ‘‘and’’ and inserting ‘‘the’’; achieve such other objectives as the Sec- each calendar year. and retary considers appropriate. The Secretary February 6, 1996 CONGRESSIONAL RECORD — SENATE S 983

shall notify the Committee on Agriculture of ‘‘(4) payments may be made under the pro- (4) SPECIAL RULE FOR BUTTER AND NONFAT the House of Representatives and the Com- gram for exports to any destination in the DRY MILK.— mittee on Agriculture, Nutrition, and For- world for the purpose of market develop- (A) ALLOCATION OF PURCHASE PRICES.—The estry of the Senate of the allocation. ment, except a destination in a country with Secretary may allocate the rate of price sup- (B) TIMING OF PURCHASE PRICE ADJUST- respect to which shipments from the United port between the purchase prices for nonfat MENTS.—The Secretary may make any such States are otherwise restricted by law.’’. dry milk and butter in a manner that will re- adjustments in the purchase prices for non- (4) MARKET DEVELOPMENT.—Section sult in the lowest level of expenditures by fat dry milk and butter the Secretary con- 153(e)(1) of the Food Security Act of 1985 is the Commodity Credit Corporation or siders to be necessary not more than twice in amended— achieve such other objectives as the Sec- each calendar year. (A) by striking ‘‘and’’ and inserting ‘‘the’’; retary considers appropriate. The Secretary (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— and shall notify the Committee on Agriculture of The Secretary shall provide for a refund of (B) by inserting before the period the fol- the House of Representatives and the Com- the entire reduction required under section lowing: ‘‘, and any additional amount that mittee on Agriculture, Nutrition, and For- 204(h)(2) of the Agricultural Act of 1949 (7 may be required to assist in the development estry of the Senate of the allocation. U.S.C. 1446e(h)(2)), as in effect on the day be- of world markets for United States dairy (B) TIMING OF PURCHASE PRICE ADJUST- fore the date of the enactment of this Act, in products’’. MENTS.—The Secretary may make any such the price of milk received by a producer dur- (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- adjustments in the purchase prices for non- ing calendar year 1995 or 1996, if the producer tion 153 of the Food Security Act of 1985 is fat dry milk and butter the Secretary con- provides evidence that the producer did not amended by adding at the end the following: siders to be necessary not more than twice in increase marketings in calendar year 1995 or ‘‘(f) REQUIRED FUNDING.— each calendar year. 1996 when compared to calendar year 1994. A ‘‘(1) IN GENERAL.—Except as provided in (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— refund under this paragraph shall not be con- paragraph (2), the Commodity Credit Cor- The Secretary shall provide for a refund of sidered as any type of price support or pay- poration shall in each year use money and the entire reduction required under section ment for purposes of sections 1211 and 1221 of commodities for the program under this sec- 204(h)(2) of the Agricultural Act of 1949 (7 the Food Security Act of 1985 (16 U.S.C. 3811 tion in the maximum amount consistent U.S.C. 1446e(h)(2)), as in effect on the day be- and 3821). with the obligations of the United States as fore the date of the enactment of this Act, in (6) COMMODITY CREDIT CORPORATION.—The a member of the World Trade Organization, the price of milk received by a producer dur- Secretary shall carry out the program au- minus the amount expended under section ing calendar year 1995 or 1996, if the producer thorized by this subsection through the Com- 1163 of the Food Security Act of 1985 (Public provides evidence that the producer did not modity Credit Corporation. Law 99–198; 7 U.S.C. 1731 note) during that increase marketings in calendar year 1995 or 1996 when compared to calendar year 1994. A (7) PERIOD OF EFFECTIVENESS.—This sub- year. section shall be effective only during the pe- ‘‘(2) VOLUME LIMITATIONS.—The Commodity refund under this paragraph shall not be con- riod beginning on the date of the enactment Credit Corporation may not exceed the limi- sidered as any type of price support or pay- of this Act and ending on December 31, 2002. tations specified in subsection (c)(3) on the ment for purposes of sections 1211 and 1221 of the Food Security Act of 1985 (16 U.S.C. 3811 (b) CONSOLIDATION AND REFORM OF FEDERAL volume of allowable dairy product exports.’’. (d) EFFECT ON FLUID MILK STANDARDS IN and 3821). MILK MARKETING ORDERS.— THE STATE OF CALIFORNIA.—Nothing in this (6) COMMODITY CREDIT CORPORATION.—The (1) AMENDMENT OF ORDERS.—As soon as Secretary shall carry out the program au- practicable after the date of the enactment Act or any other provision of law prohibits or otherwise limits the applicability of re- thorized by this subsection through the Com- of this Act, the Secretary shall amend Fed- quirements under any law (including any modity Credit Corporation. eral milk marketing orders issued under sec- regulation) of the State of California regard- (7) PERIOD OF EFFECTIVENESS.—This sub- tion 8c of the Agricultural Adjustment Act (7 ing the percentage of milk solids or solids section shall be effective only during the pe- U.S.C. 608c), reenacted with amendments by not fat in fluid milk products marketed in riod beginning on the date of the enactment the Agricultural Marketing Agreement Act the State of California. of this Act and ending on December 31, 2002. of 1937, to— (e) REPEAL OF MILK MANUFACTURING MAR- (b) CONSOLIDATION AND REFORM OF FEDERAL (A) limit the number of Federal milk mar- KETING ADJUSTMENT.—Section 102 of the MILK MARKETING ORDERS.— keting orders to between 10 and 14 orders; Food, Agriculture, Conservation, and Trade (1) AMENDMENT OF ORDERS.—As soon as and Act of 1990 (7 U.S.C. 1446e–1) is repealed. practicable after the date of the enactment (B) provide for multiple basing points for (f) CONSENT TO NORTHEAST INTERSTATE of this Act, the Secretary shall amend Fed- the pricing of milk. DAIRY COMPACT.—Congress consents to the eral milk marketing orders issued under sec- (2) EXPEDITED PROCESS.—The amendments Northeast Interstate Dairy tion 8c of the Agricultural Adjustment Act (7 required under paragraph (1) shall be— U.S.C. 608c), reenacted with amendments by (A) announced not later than December 31, AMENDMENT NO. 3392 the Agricultural Marketing Agreement Act 1998; and On page 1–73, strike lines 12 through 14 and of 1937, to— (B) implemented not later than December insert the following: (A) limit the number of Federal milk mar- 31, 2000. SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; (3) FUNDING.—Effective beginning January (a) MILK PRICE SUPPORT PROGRAM.— and 1, 2001, the Secretary shall not use any funds (1) SUPPORT ACTIVITIES.—During the period (B) provide for multiple basing points for to administer more than 14 Federal milk beginning on the date of the enactment of the pricing of milk. marketing orders. this Act and ending December 31, 2002, the (2) EXPEDITED PROCESS.—The amendments (c) DAIRY EXPORT INCENTIVE PROGRAM.— Secretary of Agriculture (referred to in this required under paragraph (1) shall be— (1) DURATION.—Section 153(a) of the Food section as the ‘‘Secretary’’) shall support the (A) announced not later than December 31, Security Act of 1985 (15 U.S.C. 713a–14) is price of milk produced in the 48 contiguous 1998; and amended by striking ‘‘2001’’ and inserting States through the purchase of cheese, but- (B) implemented not later than December ‘‘2002’’. ter, and nonfat dry milk produced from the 31, 2000. (2) SOLE DISCRETION.—Section 153(b) of the milk. (3) FUNDING.—Effective beginning January Food Security Act of 1985 is amended by in- (2) RATE.—The price of milk shall be sup- 1, 2001, the Secretary shall not use any funds serting ‘‘sole’’ before ‘‘discretion’’. ported at the following rates per hundred- to administer more than 14 Federal milk (3) ELEMENTS OF PROGRAM.—Section 153(c) weight for milk containing 3.67 percent but- marketing orders. of the Food Security Act of 1985 is amend- terfat: (c) DAIRY EXPORT INCENTIVE PROGRAM.— ed— (A) During calendar year 1996, $10.20. (1) DURATION.—Section 153(a) of the Food (A) by striking ‘‘and’’ at the end of para- (B) During calendar year 1997, $10.10 Security Act of 1985 (15 U.S.C. 713a–14) is graph (1); (C) During calendar year 1998, $10.00. amended by striking ‘‘2001’’ and inserting (B) by striking the period at the end of (D) During calendar year 1999, $9.90. ‘‘2002’’. paragraph (2) and inserting ‘‘; and’’; and (E) During calendar year 2000, $9.80. (2) SOLE DISCRETION.—Section 153(b) of the (C) by adding at the end the following: (F) During calendar year 2001, $9.70. Food Security Act of 1985 is amended by in- ‘‘(3) the maximum volume of dairy product (G) During calendar year 2002, $9.60. serting ‘‘sole’’ before ‘‘discretion’’. exports allowable consistent with the obliga- (3) BID PRICES.—The support purchase (3) ELEMENTS OF PROGRAM.—Section 153(c) tions of the United States as a member of prices under this subsection for each of the of the Food Security Act of 1985 is amend- the World Trade Organization is exported products of milk (butter, cheese, and nonfat ed— under the program each year (minus the vol- dry milk) announced by the Secretary shall (A) by striking ‘‘and’’ at the end of para- ume sold under section 1163 of the Food Se- be the same for all of that product sold by graph (1); curity Act of 1985 (Public Law 99–198; 7 U.S.C. persons offering to sell the product to the (B) by striking the period at the end of 1731 note) during that year), except to the Secretary. The purchase prices shall be suffi- paragraph (2) and inserting ‘‘; and’’; and extent that the export of such a volume cient to enable plants of average efficiency (C) by adding at the end the following: under the program would, in the judgment of to pay producers, on average, a price that is ‘‘(3) the maximum volume of dairy product the Secretary, exceed the limitations on the not less than the rate of price support for exports allowable consistent with the obliga- value set forth in subsection (f); and milk in effect under paragraph (2). tions of the United States as a member of S 984 CONGRESSIONAL RECORD — SENATE February 6, 1996

the World Trade Organization is exported products of milk (butter, cheese, and nonfat (3) ELEMENTS OF PROGRAM.—Section 153(c) under the program each year (minus the vol- dry milk) announced by the Secretary shall of the Food Security Act of 1985 is amend- ume sold under section 1163 of the Food Se- be the same for all of that product sold by ed— curity Act of 1985 (Public Law 99–198; 7 U.S.C. persons offering to sell the product to the (A) by striking ‘‘and’’ at the end of para- 1731 note) during that year), except to the Secretary. The purchase prices shall be suffi- graph (1); extent that the export of such a volume cient to enable plants of average efficiency (B) by striking the period at the end of under the program would, in the judgment of to pay producers, on average, a price that is paragraph (2) and inserting ‘‘; and’’; and the Secretary, exceed the limitations on the not less than the rate of price support for (C) by adding at the end the following: value set forth in subsection (f); and milk in effect under paragraph (2). ‘‘(3) the maximum volume of dairy product ‘‘(4) payments may be made under the pro- (4) SPECIAL RULE FOR BUTTER AND NONFAT exports allowable consistent with the obliga- gram for exports to any destination in the DRY MILK.— tions of the United States as a member of world for the purpose of market develop- (A) ALLOCATION OF PURCHASE PRICES.—The the World Trade Organization is exported ment, except a destination in a country with Secretary may allocate the rate of price sup- under the program each year (minus the vol- respect to which shipments from the United port between the purchase prices for nonfat ume sold under section 1163 of the Food Se- States are otherwise restricted by law.’’. dry milk and butter in a manner that will re- curity Act of 1985 (Public Law 99–198; 7 U.S.C. (4) MARKET DEVELOPMENT.—Section sult in the lowest level of expenditures by 1731 note) during that year), except to the 153(e)(1) of the Food Security Act of 1985 is the Commodity Credit Corporation or extent that the export of such a volume amended— achieve such other objectives as the Sec- under the program would, in the judgment of (A) by striking ‘‘and’’ and inserting ‘‘the’’; retary considers appropriate. The Secretary the Secretary, exceed the limitations on the and shall notify the Committee on Agriculture of value set forth in subsection (f); and (B) by inserting before the period the fol- the House of Representatives and the Com- ‘‘(4) payments may be made under the pro- lowing: ‘‘, and any additional amount that mittee on Agriculture, Nutrition, and For- gram for exports to any destination in the may be required to assist in the development estry of the Senate of the allocation. world for the purpose of market develop- of world markets for United States dairy (B) TIMING OF PURCHASE PRICE ADJUST- ment, except a destination in a country with products’’. MENTS.—The Secretary may make any such respect to which shipments from the United (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- adjustments in the purchase prices for non- States are otherwise restricted by law.’’. tion 153 of the Food Security Act of 1985 is fat dry milk and butter the Secretary con- (4) MARKET DEVELOPMENT.—Section amended by adding at the end the following: siders to be necessary not more than twice in 153(e)(1) of the Food Security Act of 1985 is ‘‘(f) REQUIRED FUNDING.— each calendar year. amended— ‘‘(1) IN GENERAL.—Except as provided in (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— (A) by striking ‘‘and’’ and inserting ‘‘the’’; paragraph (2), the Commodity Credit Cor- The Secretary shall provide for a refund of and poration shall in each year use money and the entire reduction required under section (B) by inserting before the period the fol- commodities for the program under this sec- 204(h)(2) of the Agricultural Act of 1949 (7 lowing: ‘‘, and any additional amount that tion in the maximum amount consistent U.S.C. 1446e(h)(2)), as in effect on the day be- may be required to assist in the development with the obligations of the United States as fore the date of the enactment of this Act, in of world markets for United States dairy a member of the World Trade Organization, the price of milk received by a producer dur- products’’. minus the amount expended under section ing calendar year 1995 or 1996, if the producer (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- 1163 of the Food Security Act of 1985 (Public provides evidence that the producer did not tion 153 of the Food Security Act of 1985 is Law 99–198; 7 U.S.C. 1731 note) during that increase marketings in calendar year 1995 or amended by adding at the end the following: year. 1996 when compared to calendar year 1994. A ‘‘(f) REQUIRED FUNDING.— ‘‘(2) VOLUME LIMITATIONS.—The Commodity refund under this paragraph shall not be con- ‘‘(1) IN GENERAL.—Except as provided in Credit Corporation may not exceed the limi- sidered as any type of price support or pay- paragraph (2), the Commodity Credit Cor- tations specified in subsection (c)(3) on the ment for purposes of sections 1211 and 1221 of poration shall in each year use money and volume of allowable dairy product exports.’’. the Food Security Act of 1985 (16 U.S.C. 3811 commodities for the program under this sec- (d) EFFECT ON FLUID MILK STANDARDS IN and 3821). tion in the maximum amount consistent THE STATE OF CALIFORNIA.—Nothing in this with the obligations of the United States as Act or any other provision of law prohibits (6) COMMODITY CREDIT CORPORATION.—The Secretary shall carry out the program au- a member of the World Trade Organization, or otherwise limits the applicability of re- minus the amount expended under section quirements under any law (including any thorized by this subsection through the Com- 1163 of the Food Security Act of 1985 (Public regulation) of the State of California regard- modity Credit Corporation. Law 99–198; 7 U.S.C. 1731 note) during that ing the percentage of milk solids or solids (7) PERIOD OF EFFECTIVENESS.—This sub- year. not fat in fluid milk products marketed in section shall be effective only during the pe- ‘‘(2) VOLUME LIMITATIONS.—The Commodity the State of California. riod beginning on the date of the enactment (e) REPEAL OF MILK MANUFACTURING MAR- of this Act and ending on December 31, 2002. Credit Corporation may not exceed the limi- tations specified in subsection (c)(3) on the KETING ADJUSTMENT.—Section 102 of the (b) CONSOLIDATION AND REFORM OF FEDERAL Food, Agriculture, Conservation, and Trade volume of allowable dairy product exports.’’. MILK MARKETING ORDERS.— Act of 1990 (7 U.S.C. 1446e–1) is repealed. (d) EFFECT ON FLUID MILK STANDARDS IN (1) AMENDMENT OF ORDERS.—As soon as (f) CONSENT TO NORTHEAST INTERSTATE THE STATE OF CALIFORNIA.—Nothing in this practicable after the date of the enactment DAIRY COMPACT.—Congress consents to the Act or any other provision of law prohibits Northeast Interstate Dairy of this Act, the Secretary shall amend Fed- or otherwise limits the applicability of re- eral milk marketing orders issued under sec- quirements under any law (including any AMENDMENT NO. 3393 tion 8c of the Agricultural Adjustment Act (7 regulation) of the State of California regard- On page 1–73, strike lines 12 through 14 and U.S.C. 608c), reenacted with amendments by ing the percentage of milk solids or solids insert the following: the Agricultural Marketing Agreement Act not fat in fluid milk products marketed in of 1937, to— SEC. 108. MILK PROGRAM. the State of California. (A) limit the number of Federal milk mar- (a) MILK PRICE SUPPORT PROGRAM.— (e) REPEAL OF MILK MANUFACTURING MAR- keting orders to between 10 and 14 orders; (1) SUPPORT ACTIVITIES.—During the period KETING ADJUSTMENT.—Section 102 of the beginning on the date of the enactment of and Food, Agriculture, Conservation, and Trade this Act and ending December 31, 2002, the (B) provide for multiple basing points for Act of 1990 (7 U.S.C. 1446e–1) is repealed. the pricing of milk. Secretary of Agriculture (referred to in this (f) CONSENT TO NORTHEAST INTERSTATE (2) EXPEDITED PROCESS.—The amendments section as the ‘‘Secretary’’) shall support the DAIRY COMPACT.—Congress consents to the required under paragraph (1) shall be— price of milk produced in the 48 contiguous Northeast Interstate Dairy States through the purchase of cheese, but- (A) announced not later than December 31, 1998; and ter, and nonfat dry milk produced from the AMENDMENT NO. 3394 milk. (B) implemented not later than December 31, 2000. On page 1–73, strike lines 12 through 14 and (2) RATE.—The price of milk shall be sup- ported at the following rates per hundred- (3) FUNDING.—Effective beginning January insert the following: weight for milk containing 3.67 percent but- 1, 2001, the Secretary shall not use any funds SEC. 108. MILK PROGRAM. to administer more than 14 Federal milk terfat: (a) MILK PRICE SUPPORT PROGRAM.— marketing orders. (A) During calendar year 1996, $10.15. (1) SUPPORT ACTIVITIES.—During the period (B) During calendar year 1997, $10.05. (c) DAIRY EXPORT INCENTIVE PROGRAM.— beginning on the date of the enactment of (C) During calendar year 1998, $9.95. (1) DURATION.—Section 153(a) of the Food this Act and ending December 31, 2002, the (D) During calendar year 1999, $9.85. Security Act of 1985 (15 U.S.C. 713a–14) is Secretary of Agriculture (referred to in this (E) During calendar year 2000, $9.75. amended by striking ‘‘2001’’ and inserting section as the ‘‘Secretary’’) shall support the (F) During calendar year 2001, $9.65. ‘‘2002’’. price of milk produced in the 48 contiguous (G) During calendar year 2002, $9.55. (2) SOLE DISCRETION.—Section 153(b) of the States through the purchase of cheese, but- (3) BID PRICES.—The support purchase Food Security Act of 1985 is amended by in- ter, and nonfat dry milk produced from the prices under this subsection for each of the serting ‘‘sole’’ before ‘‘discretion’’. milk. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 985 (2) RATE.—The price of milk shall be sup- (3) FUNDING.—Effective beginning January Mr. LUGAR submitted three amend- ported at the following rates per hundred- 1, 2001, the Secretary shall not use any funds ments intended to be proposed by him weight for milk containing 3.67 percent but- to administer more than 14 Federal milk to amendment No. 3184 proposed by Mr. terfat: marketing orders. LEAHY to the bill S. 1541, supra; as fol- (c) DAIRY EXPORT INCENTIVE PROGRAM.— (A) During calendar year 1996, $10.10. lows: (B) During calendar year 1997, $10.00. (1) DURATION.—Section 153(a) of the Food (C) During calendar year 1998, $9.90. Security Act of 1985 (15 U.S.C. 713a–14) is AMENDMENT NO. 3395 (D) During calendar year 1999, $9.80. amended by striking ‘‘2001’’ and inserting On page 5–1, strike lines 2 through 4 and in- (E) During calendar year 2000, $9.70. ‘‘2002’’. sert the following: (F) During calendar year 2001, $9.60. (2) SOLE DISCRETION.—Section 153(b) of the SEC. 501. MILK PROGRAMS. (G) During calendar year 2002, $9.50. Food Security Act of 1985 is amended by in- (a) FEDERAL MILK MARKETING ORDERS.— (3) BID PRICES.—The support purchase serting ‘‘sole’’ before ‘‘discretion’’. Section 101(b) of the Agriculture and Food prices under this subsection for each of the (3) ELEMENTS OF PROGRAM.—Section 153(c) Act of 1981 (Public Law 97-98; 7 U.S.C. 608c) is products of milk (butter, cheese, and nonfat of the Food Security Act of 1985 is amend- amended by striking ‘‘1996’’ and inserting dry milk) announced by the Secretary shall ed— ‘‘2002’’. be the same for all of that product sold by (A) by striking ‘‘and’’ at the end of para- (b) CONSOLIDATION AND REFORM OF FEDERAL persons offering to sell the product to the graph (1); MILK MARKETING ORDERS.— Secretary. The purchase prices shall be suffi- (B) by striking the period at the end of (1) AMENDMENT OF ORDERS.—As soon as cient to enable plants of average efficiency paragraph (2) and inserting ‘‘; and’’; and practicable after the date of the enactment to pay producers, on average, a price that is (C) by adding at the end the following: of this Act, the Secretary of Agriculture (re- not less than the rate of price support for ‘‘(3) the maximum volume of dairy product ferred to in this section as the ‘‘Secretary’’) shall amend Federal milk marketing orders milk in effect under paragraph (2). exports allowable consistent with the obliga- issued under section 8c of the Agricultural (4) SPECIAL RULE FOR BUTTER AND NONFAT tions of the United States as a member of Adjustment Act (7 U.S.C. 608c), reenacted DRY MILK.— the World Trade Organization is exported with amendments by the Agricultural Mar- (A) ALLOCATION OF PURCHASE PRICES.—The under the program each year (minus the vol- keting Agreement Act of 1937, to— Secretary may allocate the rate of price sup- ume sold under section 1163 of the Food Se- (A) limit the number of Federal milk mar- port between the purchase prices for nonfat curity Act of 1985 (Public Law 99–198; 7 U.S.C. keting orders to between 10 and 14 orders; dry milk and butter in a manner that will re- 1731 note) during that year), except to the and sult in the lowest level of expenditures by extent that the export of such a volume (B) provide for multiple basing points for the Commodity Credit Corporation or under the program would, in the judgment of the pricing of milk. achieve such other objectives as the Sec- the Secretary, exceed the limitations on the (2) EXPEDITED PROCESS.—The amendments value set forth in subsection (f); and retary considers appropriate. The Secretary required under paragraph (1) shall be— ‘‘(4) payments may be made under the pro- shall notify the Committee on Agriculture of (A) announced not later than December 31, gram for exports to any destination in the the House of Representatives and the Com- 1998; and world for the purpose of market develop- mittee on Agriculture, Nutrition, and For- (B) implemented not later than December ment, except a destination in a country with estry of the Senate of the allocation. 31, 2000. IMING OF PURCHASE PRICE ADJUST respect to which shipments from the United (B) T - (3) FUNDING.—Effective beginning January States are otherwise restricted by law.’’. MENTS.—The Secretary may make any such 1, 2001, the Secretary shall not use any funds (4) MARKET DEVELOPMENT.—Section adjustments in the purchase prices for non- to administer more than 14 Federal milk 153(e)(1) of the Food Security Act of 1985 is fat dry milk and butter the Secretary con- marketing orders. siders to be necessary not more than twice in amended— (c) DAIRY EXPORT INCENTIVE PROGRAM.— each calendar year. (A) by striking ‘‘and’’ and inserting ‘‘the’’; (1) DURATION.—Section 153(a) of the Food (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— and Security Act of 1985 (15 U.S.C. 713a–14) is The Secretary shall provide for a refund of (B) by inserting before the period the fol- amended by striking ‘‘2001’’ and inserting the entire reduction required under section lowing: ‘‘, and any additional amount that ‘‘2002’’. 204(h)(2) of the Agricultural Act of 1949 (7 may be required to assist in the development (2) SOLE DISCRETION.—Section 153(b) of the U.S.C. 1446e(h)(2)), as in effect on the day be- of world markets for United States dairy Food Security Act of 1985 is amended by in- fore the date of the enactment of this Act, in products’’. serting ‘‘sole’’ before ‘‘discretion’’. the price of milk received by a producer dur- (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- (3) ELEMENTS OF PROGRAM.—Section 153(c) ing calendar year 1995 or 1996, if the producer tion 153 of the Food Security Act of 1985 is of the Food Security Act of 1985 is amend- provides evidence that the producer did not amended by adding at the end the following: ed— ‘‘(f) REQUIRED FUNDING.— increase marketings in calendar year 1995 or (A) by striking ‘‘and’’ at the end of para- ‘‘(1) IN GENERAL.—Except as provided in 1996 when compared to calendar year 1994. A graph (1); paragraph (2), the Commodity Credit Cor- refund under this paragraph shall not be con- (B) by striking the period at the end of poration shall in each year use money and sidered as any type of price support or pay- paragraph (2) and inserting ‘‘; and’’; and commodities for the program under this sec- ment for purposes of sections 1211 and 1221 of (C) by adding at the end the following: tion in the maximum amount consistent the Food Security Act of 1985 (16 U.S.C. 3811 ‘‘(3) the maximum volume of dairy product with the obligations of the United States as and 3821). exports allowable consistent with the obliga- a member of the World Trade Organization, (6) COMMODITY CREDIT CORPORATION.—The tions of the United States as a member of minus the amount expended under section Secretary shall carry out the program au- the World Trade Organization is exported 1163 of the Food Security Act of 1985 (Public thorized by this subsection through the Com- under the program each year (minus the vol- Law 99–198; 7 U.S.C. 1731 note) during that modity Credit Corporation. ume sold under section 1163 of the Food Se- year. (7) PERIOD OF EFFECTIVENESS.—This sub- curity Act of 1985 (Public Law 99–198; 7 U.S.C. ‘‘(2) VOLUME LIMITATIONS.—The Commodity section shall be effective only during the pe- 1731 note) during that year), except to the Credit Corporation may not exceed the limi- riod beginning on the date of the enactment extent that the export of such a volume tations specified in subsection (c)(3) on the of this Act and ending on December 31, 2002. under the program would, in the judgment of volume of allowable dairy product exports.’’. (b) CONSOLIDATION AND REFORM OF FEDERAL the Secretary, exceed the limitations on the (d) EFFECT ON FLUID MILK STANDARDS IN MILK MARKETING ORDERS.— value set forth in subsection (f); and THE STATE OF CALIFORNIA.—Nothing in this (1) AMENDMENT OF ORDERS.—As soon as Act or any other provision of law prohibits ‘‘(4) payments may be made under the pro- practicable after the date of the enactment or otherwise limits the applicability of re- gram for exports to any destination in the of this Act, the Secretary shall amend Fed- quirements under any law (including any world for the purpose of market develop- eral milk marketing orders issued under sec- regulation) of the State of California regard- ment, except a destination in a country with tion 8c of the Agricultural Adjustment Act (7 ing the percentage of milk solids or solids respect to which shipments from the United U.S.C. 608c), reenacted with amendments by not fat in fluid milk products marketed in States are otherwise restricted by law.’’. the Agricultural Marketing Agreement Act the State of California. (4) MARKET DEVELOPMENT.—Section of 1937, to— (e) REPEAL OF MILK MANUFACTURING MAR- 153(e)(1) of the Food Security Act of 1985 is (A) limit the number of Federal milk mar- KETING ADJUSTMENT.—Section 102 of the amended— keting orders to between 10 and 14 orders; Food, Agriculture, Conservation, and Trade (A) by striking ‘‘and’’ and inserting ‘‘the’’; and Act of 1990 (7 U.S.C. 1446e–1) is repealed. and (B) provide for multiple basing points for (f) CONSENT TO NORTHEAST INTERSTATE (B) by inserting before the period the fol- the pricing of milk. DAIRY COMPACT.—Congress consents to the lowing: ‘‘, and any additional amount that (2) EXPEDITED PROCESS.—The amendments Northeast Interstate Dairy may be required to assist in the development required under paragraph (1) shall be— of world markets for United States dairy (A) announced not later than December 31, LUGAR AMENDMENTS NOS. 3395– products’’. 1998; and (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- (B) implemented not later than December 3397 tion 153 of the Food Security Act of 1985 is 31, 2000. (Ordered to lie on the table.) amended by adding at the end the following: S 986 CONGRESSIONAL RECORD — SENATE February 6, 1996

‘‘(f) REQUIRED FUNDING.— ‘‘(e) REFUNDS OF 1995 AND 1996 ASSESS- LEAHY to the bill S. 1541, supra; as fol- ‘‘(1) IN GENERAL.—Except as provided in MENTS.—The Secretary shall provide for a re- lows: paragraph (2), the Commodity Credit Cor- fund of the entire reduction required under On page 1–17, strike lines 14 through 17 and poration shall in each year use money and section 204(h)(2) of the Agricultural Act of insert the following: commodities for the program under this sec- 1949 (7 U.S.C. 1446e(h)(2)), as in effect on the (ii) CONTRACT COMMODITIES.—Contract tion in the maximum amount consistent day before the date of the enactment of this acreage planted to a contract commodity with the obligations of the United States as section, in the price of milk received by a during the crop year may be hayed or grazed a member of the World Trade Organization, producer during calendar year 1995 or 1996, if without limitation. minus the amount expended under section the producer provides evidence that the pro- 1163 of the Food Security Act of 1985 (Public ducer did not increase marketing in calendar Law 99–198; 7 U.S.C. 1731 note) during that year 1995 or 1996 when compared to calendar BROWN AMENDMENT NO. 3400 year. year 1994 or 1995, respectively. A refund (Ordered to lie on the table.) ‘‘(2) VOLUME LIMITATIONS.—The Commodity under this subsection shall not be considered Mr. BROWN submitted an amend- Credit Corporation may not exceed the limi- as any type of price support or payment for ment intended to be proposed by them tations specified in subsection (c)(3) on the purposes of sections 1211 and 1221 of the Food to amendment No. 3184 proposed by Mr. volume of allowable dairy product exports.’’. Security Act of 1985 (16 U.S.C. 3811 and 3821). (d) EFFECT ON FLUID MILK STANDARDS IN ‘‘(f) COMMODITY CREDIT CORPORATION.—The LEAHY to the bill S. 1541, supra, as fol- THE STATE OF CALIFORNIA.—Nothing in this Secretary shall carry out the program au- lows: Act or any other provision of law prohibits thorized by this section through the Com- On page 1–4S. strike line 3 and insert the or otherwise limits the applicability of re- modity Credit Corporation. following: 104(e) of the Act. quirements under any law (including any ‘‘(g) PERIOD OF EFFECTIVENESS.—This sec- ‘‘(3) LIMITATION ON MAXIMUM INCOME.— regulation) of the State of California regard- tion shall be effective only during the period ‘‘(A) IN GENERAL.—None of the funds made ing the percentage of milk solids or solids beginning on the date of the enactment of available pursuant to this not fat in fluid milk products marketed in this section and ending on December 31, Act may be used to make any payment de- the State of California. 2002.’’. scribed in paragraph (1) and (2) to— (e) REPEAL OF MILK MANUFACTURING MAR- ‘‘(i) an individual with an annual net tax- KETING ADJUSTMENT.—Section 102 of the AMENDMENT NO. 3397 able income of more than $250,000; or Food, Agriculture, Conservation, and Trade On page 6–19, strike lines 1 through 16 and ‘‘(ii) any other person with an annual net Act of 1990 (7 U.S.C. 1446e–1) is repealed. insert the following: taxable income of more than $5,000,000. (f) FUND FOR DAIRY PRODUCERS TO PAY FOR ‘‘(B) CERTIFICATION.—The Secretary of Ag- ‘‘SEC. 609. GRANTS FOR RESEARCH ON THE PRO- NUTRIENT MANAGEMENT.—Section 8(c)(5) of DUCTION AND MARKETING OF ALCO- riculture shall annually certify to the Com- the Agricultural Adjustment Act (7 HOLS AND INDUSTRIAL HYDRO- mittee on Agriculture of the House of Rep- CARBONS FROM AGRICULTURAL resentatives and the Committee on Agri- AMENDMENT NO. 3396 COMMODITIES AND FOREST PROD- culture, Nutrition, and Forestry of the Sen- On page 1–77, line 10, after ‘‘respectively’’, UCTS. ate that no person receiving a payment re- insert the following: ‘‘, and by amendment Section 1419(d) of the National Agricul- ferred to in subparagraph (A) had, in the pre- section 307 (as so transferred and redesig- tural Research, Extension, and Teaching vious tax year of the person, an annual net nated) to read as follows: Policy Act of 1977 (7 U.S.C. 3154(d)) is amend- taxable income greater than the amount ‘‘SEC. 307. MILK PROGRAM. ed by striking ‘‘1995’’ and inserting ‘‘2002’’. specified in subparagraph (A) with respect to ‘‘(a) SUPPORT ACTIVITIES.—During the pe- the person.’’. riod beginning on the date of the enactment MOSELEY-BRAUN AMENDMENT NO. of this section and ending December 31, 2002, 3398 BROWN AMENDMENT NO. 3401 the Secretary shall support the price of milk produced in the 48 contiguous States through (Ordered to lie on the table.) (Ordered to lie on the table.) the purchase of cheese, butter, and nonfat Ms. MOSELEY-BRAUN submitted an Mr. BROWN submitted an amend- dry milk produced from the milk. amendment intended to be proposed by ment intended to be proposed by him ‘‘(b) RATE.—The price of milk shall be sup- them to the bill S. 1541, supra; as fol- to an amendment submitted by Mr. ported at the following rates per hundred- lows: LEAHY to the bill S. 1541, supra; as fol- weight for milk containing 3.67 percent but- On page 1–26, strike lines 16 through 25 and lows: terfat: insert the following: At the appropriate place, insert the follow- ‘‘(1) During calendar year 1996, $10.10. (6) OILSEEDS.— ing: ‘‘(2) During calendar year 1997, $10.05. (A) Soybeans.—The loan rate for a market- ‘‘(3) During calendar year 1998, $9.95. SEC. CLARIFICATION ON EFFECT OF RESOURCE ing assistance loan for soybeans shall be— ‘‘(4) During calendar year 1999, $9.85. PLANNING ON ALLOCATION OR USE ‘‘(5) During calendar year 2000, $9.75. (i) not less than 85 percent of the simple OF WATER. ‘‘(6) During calendar year 2001, $9.65. average price received by producers of soy- (a) NATIONAL FOREST SYSTEM RESOURCE ‘‘(7) During calendar year 2002, $9.55. beans, as determined by the Secretary, dur- PLANNING.—Section 6 of the Forest and ‘‘(c) BID PRICES.—The support purchase ing the marketing years for the immediately Rangeland Renewable Resources Planning prices under this section for each of the proceeding 5 crops of soybeans, excluding the Act of 1974 (16 U.S.C. 1604) is amended by add- products of milk (butter, cheese, and nonfat year in which the average price was the ing at the end the following new subsection: dry milk) announced by the Secretary shall highest and the year in which the average ‘‘(n) LIMITATION ON AUTHORITY.—Nothing be the same for all of that product sold by price was the lowest in the period; but in this section shall be construed to super- persons offering to sell the product to the (ii) not less than $4.92 or more than $5.26 sede, abrogate or otherwise impair any right Secretary. The purchase prices shall be suffi- per bushel. or authority of a State to allocate quantities cient to enable plants of average efficiency (B) SUNFLOWER SEED, CANOLA, RAPESEED, of water (including boundary waters). Noth- to pay producers, on average, a price that is SAFFLOWER, MUSTARD SEED, AND FLAXSEED.— ing in this section shall be implemented, en- not less than the rate of price support for The loan rate for a marketing assistance forced, or construed to allow any officer or milk in effect under subsection (b). loan for sunflower seed, canola, rapeseed, agency of the United States to utilize di- ‘‘(d) SPECIAL RULE FOR BUTTER AND NONFAT safflower, mustard seed, and flaxseed, indi- rectly or indirectly the authorities estab- DRY MILK.— vidually, shall be— lished under this section to impose any re- ‘‘(1) ALLOCATION OF PURCHASE PRICES.—The (i) not less than 85 percent of the simple quirement not imposed by the State which Secretary may allocate the rate of price sup- average price received by producers of sun- would supersede, abrogate, or otherwise im- port between the purchase prices for nonfat flower seed, individually, as determined by pair rights to the use of water resources allo- dry milk and butter in a manner that will re- the Secretary, during the marketing years cated under State law, interstate water com- sult in the lowest level of expenditures by for the immediately preceding 5 crops of sun- pact, or Supreme Court decree, or held by the Commodity Credit Corporation or flower seed, individually, excluding the year the United States for use by a State, its po- achieve such other objectives as the Sec- in which the average price was the highest litical subdivisions, or its citizens. No water retary considers appropriate. The Secretary and the year in which the average price was rights arise in the United States or any shall notify the Committee on Agriculture of the lowest in the period; but other person under the provisions of this the House of Representatives and the Com- (ii) not less than $0.087 or more than $0.093 Act.’’. mittee on Agriculture, Nutrition, and For- per pound. (b) LAND USE PLANNING UNDER BUREAU OF estry of the Senate of the allocation. LAND MANAGEMENT AUTHORITIES.—Section ‘‘(2) TIMING OF PURCHASE PRICE ADJUST- NICKLES AMENDMENT NO. 3399 202 of the Federal Land Policy and Manage- MENTS.—The Secretary may make any such ment Act of 1976 (43 U.S.C. 1712) is amended adjustments in the purchase prices for non- (Ordered to lie on the table.) by adding at the end the following new sub- fat dry milk and butter the Secretary con- Mr. NICKLES submitted an amend- section: siders to be necessary not more the twice in ment intended to be proposed by them ‘‘(g) LIMITATION ON AUTHORITY.—Nothing in each calendar year. to amendment No. 3184 proposed by Mr. this section shall be construed to supersede, February 6, 1996 CONGRESSIONAL RECORD — SENATE S 987

abrogate, or otherwise impair any right or products of milk (butter, cheese, and nonfat (3) ELEMENTS OF PROGRAM.—Section 153(c) authority of a State to allocate quantities of dry milk) announced by the Secretary shall of the Food Security Act of 1985 is amend- water (including boundary waters). Nothing be the same for all of that product sold by ed— in this section shall be implemented, en- persons offering to sell the product to the (A) by striking ‘‘and’’ at the end of para- forced, or construed to allow any officer or Secretary. The purchase prices shall be suffi- graph (1); agency of the United States to utilize di- cient to enable plants of average efficiency (B) by striking the period at the end of rectly or indirectly the authorities estab- to pay producers, on average, a price that is paragraph (2) and inserting ‘‘; and’’; and lished under this section to impose any re- not less than the rate of price support for (C) by adding at the end the following: quirement not imposed by the State which milk in effect under paragraph (2). ‘‘(3) the maximum volume of dairy product would supersede, abrogate, or otherwise im- (4) SPECIAL RULE FOR BUTTER AND NONFAT exports allowable consistent with the obliga- pair rights to the use of water resources allo- DRY MILK.— tions of the United States as a member of cated under State law, interstate water com- (A) ALLOCATION OF PURCHASE PRICES.—The the World Trade Organization is exported pact, or Supreme Court decree, or held by Secretary may allocate the rate of price sup- under the program each year (minus the vol- the United States for use by a State, its po- port between the purchase prices for nonfat ume sold under section 1163 of the Food Se- litical subdivisions, or its citizens. No water dry milk and butter in a manner that will re- curity Act of 1985 (Public Law 99–198; 7 U.S.C. rights arise in the United States or any sult in the lowest level of expenditures by 1731 note) during that year), except to the other person under the provisions of this the Commodity Credit Corporation or extent that the export of such a volume Act.’’. achieve such other objectives as the Sec- under the program would, in the judgment of (c) AUTHORIZATION TO GRANT RIGHTS-OF- retary considers appropriate. The Secretary the Secretary, exceed the limitations on the WAY.—Section 501 of the Federal Land Pol- shall notify the Committee on Agriculture of value set forth in subsection (f); and icy and Management Act of 1976 (43 U.S.C. the House of Representatives and the Com- ‘‘(4) payments may be made under the pro- 1761) is amended— mittee on Agriculture, Nutrition, and For- gram for exports to any destination in the (1) in subsection (c)(1)— estry of the Senate of the allocation. world for the purpose of market develop- (A) by striking subparagraph (B); ment, except a destination in a country with (B) in subparagraph (D), by striking ‘‘origi- (B) TIMING OF PURCHASE PRICE ADJUST- MENTS.—The Secretary may make any such respect to which shipments from the United nally constructed’’; States are otherwise restricted by law.’’. (C) in subparagraph (G), by striking ‘‘1996’’ adjustments in the purchase prices for non- fat dry milk and butter the Secretary con- (4) MARKET DEVELOPMENT.—Section and inserting ‘‘1998’’; and 153(e)(1) of the Food Security Act of 1985 is (D) by redesignating subparagraphs (C) siders to be necessary not more than twice in each calendar year. amended— through (G) as subparagraphs (B) through (A) by striking ‘‘and’’ and inserting ‘‘the’’; (5) REFUNDS OF 1995 AND 1996 ASSESSMENTS.— (F), respectively; and (2) in subsection (c)(3)(A), by striking the The Secretary shall provide for a refund of (B) by inserting before the period the fol- second and third sentence; and the entire reduction required under section lowing: ‘‘, and any additional amount that (3) by adding at the end the following new 204(h)(2) of the Agricultural Act of 1949 (7 may be required to assist in the development subsection: U.S.C. 1446e(h)(2)), as in effect on the day be- of world markets for United States dairy ‘‘(e) EFFECT ON VALID EXISTING RIGHTS.— fore the date of enactment of this Act, in the Notwithstanding any provision of this sec- price of milk received by a producer during products’’. tion, no Federal agency may require, as a calendar year 1995 or 1996, if the producer (5) MAXIMUM ALLOWABLE AMOUNTS.—Sec- condition of, or in connection with, the provides evidence that the producer did not tion 153 of the Food Security Act of 1985 is granting, issuance, or renewal of a right-of- increase marketings in calendar year 1995 or amended by adding at the end the following: ‘‘(f) REQUIRED FUNDING.— way under this section, a restriction or limi- 1996 when compared to calendar year 1994. A ‘‘(1) IN GENERAL.—Except as provided in tation on the operation, use, repair, or re- refund under this paragraph shall not be con- paragraph (2), the Commodity Credit Cor- placement of an existing water supply facil- sidered as any type of price support or pay- poration shall in each year use money and ity which is located on or above National ment for purposes of sections 1211 and 1221 of commodities for the program under this sec- Forest lands or the exercise and use of exist- the Food Security Act of 1985 (16 U.S.C. 3811 tion in the maximum amount consistent ing water rights, if such condition would re- and 3821). with the obligations of the United States as duce the quantity of water which would oth- (6) COMMODITY CREDIT CORPORATION.—The a member of the World Trade Organization, erwise be made available for use by the Secretary shall carry out the program au- minus the amount expended under section owner of such facility or water rights, or thorized by this subsection through the Com- 1163 of the Food Security Act of 1985 (Public cause an increase in the cost of the water modity Credit Corporation. Law 99–198; 7 U.S.C. 1731 note) during that supply provided from such facility.’’. (7) PERIOD OF EFFECTIVENESS.—This sub- year. section shall be effective only during the pe- ‘‘(2) VOLUME LIMITATIONS.—The Commodity riod beginning on the date of enactment of SANTORUM AMENDMENTS NOS. Credit Corporation may not exceed the limi- this Act and ending on December 31, 2002. 3402–3404 tations specified in subsection (c)(3) on the (Ordered to lie on the table.) (b) CONSOLIDATION AND REFORM OF FEDERAL volume of allowable dairy product exports.’’. Mr. SANTORUM submitted three MILK MARKETING ORDERS.— (d) REPEAL OF MILK MANUFACTURING MAR- KETING ADJUSTMENT.—Section 102 of the amendments intended to be proposed (1) AMENDMENT OF ORDERS.—As soon as practicable after the date of enactment of Food, Agriculture, Conservation, and Trade by him to amendment No. 3184 pro- this Act, the Secretary shall amend Federal Act of 1990 (7 U.S.C. 1446e–1) is repealed. posed by Mr. LEAHY to the bill S. 1541, milk marketing orders issued under section SEC. 109. ADMINISTRATION. supra; as follows: 8c of the Agricultural Adjustment Act (7 (a) COMMODITY CREDIT CORPORATION.— AMENDMENT NO. 3402 U.S.C. 608c), reenacted with amendments by (1) USE OF CORPORATION.—The Secretary Beginning on page 1–73, strike line 12 and the Agricultural Marketing Agreement Act shall carry out this title through the Com- all that follows through page 1–78, line 4, and of 1937, to— modity Credit Corporation. insert the following: (A) limit the number of Federal milk mar- (2) SALARIES AND EXPENSES.—No funds of the Corporation shall be used for any salary SEC. 108. MILK PROGRAM. keting orders to between 10 and 14 orders; and or expense of any officer or employee of the (a) MILK PRICE SUPPORT PROGRAM.— (B) provide for multiple basing points for Department of Agriculture. (1) SUPPORT ACTIVITIES.—During the period (b) DETERMINATIONS BY SECRETARY.—A de- beginning on the date of enactment of this the pricing of milk. (2) EXPEDITED PROCESS.—The amendments termination made by the Secretary under Act and ending December 31, 2002, the Sec- this title or the Agricultural Adjustment retary shall support the price of milk pro- required under paragraph (1) shall be— (A) announced not later than December 31, Act of 1938 (7 U.S.C. 1281 et seq.) shall be duced in the 48 contiguous States through final and conclusive. the purchase of cheese, butter, and nonfat 1998; and (B) implemented not later than December (c) REGULATIONS.—The Secretary may dry milk produced from the milk. issue such regulations as the Secretary de- 31, 2000. (2) RATE.—The price of milk shall be sup- termines necessary to carry out this title. ported at the following rates per hundred- (3) FUNDING.—Effective beginning January 1, 2001, the Secretary shall not use any funds SEC. 110. ELIMINATION OF PERMANENT PRICE weight for milk containing 3.67 percent but- SUPPORT AUTHORITY. to administer more than 14 Federal milk terfat: (a) AGRICULTURAL ADJUSTMENT ACT OF (A) During calendar year 1996, $10.10. marketing orders. 1938.—The Agricultural Adjustment Act of (B) During calendar year 1997, $10.00. (c) DAIRY EXPORT INCENTIVE PROGRAM.— 1938 is amended— (C) During calendar year 1998, $9.90. (1) DURATION.—Section 153(a) of the Food (1) in title III— (D) During calendar year 1999, $9.80. Security Act of 1985 (15 U.S.C. 713a–14) is (A) in subtitle B— (E) During calendar year 2000, $9.70. amended by striking ‘‘2001’’ and inserting (i) by striking parts II through V (7 U.S.C. (F) During calendar year 2001, $9.60. ‘‘2002’’. 1326–1351); and (G) During calendar year 2002, $9.50. (2) SOLE DISCRETION.—Section 153(b) of the (ii) in part VI— (3) BID PRICES.—The support purchase Food Security Act of 1985 is amended by in- (I) by moving subsection (c) of section 358d prices under this subsection for each of the serting ‘‘sole’’ before ‘‘discretion’’. (7 U.S.C. 1358d(c)) to appear after section S 988 CONGRESSIONAL RECORD — SENATE February 6, 1996 301(b)(17) (7 U.S.C. 1301(b)(17)) and redesignat- the loans for each crop shall be applied to (c) Nothing in this subsection precludes ing the subsection as paragraph (18); and offset losses in pools under subsection (d), if the Secretary of the Interior from transfer- (II) by striking sections 358, 358a, and 358d the losses exist, and shall be paid to produc- ring funds to the U.S. Army Corps of Engi- (7 U.S.C. 1358, 1358a, and 1359); and ers only after the losses are offset. neers or the State of Florida or the South (B) by striking subtitle D (7 U.S.C. 1379a– (C) NON-RECOURSE LOANS.—Notwithstand- Florida Water Management District to carry 1379j); and ing any other provision of this Act, for the out subsection (b)(3). (2) by striking title IV (7 U.S.C. 1401–1407). 2001 and 2002 crops of peanuts, the quota is (d) DEADLINE.—The Secretary of the Inte- (b) AGRICULTURAL ACT OF 1949.— eliminated and the Secretary shall offer to rior shall utilize these funds for restoration (1) TRANSFER OF CERTAIN SECTIONS.—The all peanut producers non-recourse loans at a activities referred to in subsection (b)(3) not Agricultural Act of 1949 is amended— level not to exceed 70 percent of the esti- later than December 31, 1999. (A) by transferring sections 106, 106A, and mated market price anticipated for each 106B (7 U.S.C. 1445, 1445–1, 1445–2) to appear crop. DASCHLE AMENDMENT NO. 3408 after section 314A of the Agricultural Adjust- (D) MARKET PRICE.—In estimating the mar- ment Act of 1938 (7 U.S.C. 1314–1) and redesig- ket price for the 2001 and 2002 crops of pea- (Ordered to lie on the table.) nating the transferred sections as sections nuts, the Secretary shall consider the export Mr. DASCHLE submitted an amend- 315, 315A, and 315B, respectively; prices of additional peanuts during the last 5 ment intended to be proposed by him (B) by transferring section 111 (7 U.S.C. crop years for which price support was avail- to an amendment submitted by Mr. 1445f) to appear after section 304 of the Agri- able for additional peanuts and prices for LEAHY to the bill S. 1541, supra; as fol- cultural Adjustment Act of 1938 (7 U.S.C. peanuts in overseas markets, but shall not 1304) and redesignating the transferred sec- base the non-recourse loan levels for 2001– lows: tion as section 305; and 2002 on quota or additional support rates es- (a) Section 312 is amended by adding at the (C) by transferring sections 404 and 416 (7 tablished under this Act. end the following: U.S.C. 1424 and 1431) to appear after section ‘‘(c) WATER BANK ACRES.—Section 1231(b) is amended by adding at the end the following: 390 of the Agricultural Adjustment Act of KEMPTHORNE AMENDMENT NO. 1938 (7 U.S.C. 1390) and redesignating the ‘‘(6) land that was enrolled as of the date of transferred sections as sections 390A and 3406 enactment of the ‘Agricultural Reform and 390B, respectively. (Ordered to lie on the table.) Improvement Act of 1996’ in the Water Bank (2) REPEAL.—The Agricultural Act of 1949 Mr. KEMPTHORNE submitted an Program established under the Water Bank (7 U.S.C. 1421 et seq.) (as amended by para- Act (16 U.S.C. 1301 et seq.) at a rate not to amendment intended to be proposed by exceed the rates in effect under the pro- graph (1)) is repealed. him to the bill S. 1541, supra; as fol- (c) CONFORMING AMENDMENT.—Section 361 gram.’’ of the Agricultural Adjustment Act of 1938 (7 lows: (b) Section 313 is amended by— U.S.C. 1361) is amended by striking ‘‘, corn, In the January 31, 1996 draft, In Section (1) striking subsection (a); wheat, cotton, peanuts, and rice, estab- 1238E. Environmental Quality Incentives (2) in subsection (b) by striking ‘‘not more lished’’. Program Plan. than 975,000’’ and inserting ‘‘not less than At page 3–25 after line 8 and before line 9 975,000’’; AMENDMENT NO. 3402 insert the following paragraph so that begin- (3) striking ‘‘(c) ELIGIBILITY.—’’ and all Amend Section 106, Peanut Program, by ning at line 9 the bill reads: that follows through ‘‘under the program.’’; striking paragraph (2) in subsection (A), (8) Notwithstanding any provision of law, (4) in subsection (e) by striking paragraph Quota Peanuts, and inserting the following: the Secretary shall ensure that the process (2); (2) SUPPORT RATES.—The national average of writing, developing, and assisting in the quota support rate for each of the 1996 implementation of plans required in the pro- BAUCUS AMENDMENT NO. 3409 grams established under this title be open to through 2002 crops of quota peanuts shall not (Ordered to lie on the table.) be not more than $550 per ton. individuals in agribusiness including but not limited to agricultural producers, represent- Mr. BAUCUS submitted an amend- ative from agricultural cooperatives, agri- AMENDMENT NO. 3404 ment intended to be proposed by him cultural input retail dealers, and certified to an amendment submitted by Mr. Amend Section 106, Peanut Program, by crop advisers. This open plan development striking paragraph (2) in subsection (A), CRAIG to the bill S. 1541, supra; as fol- process shall be included in but not limited lows: Quota Peanuts, and inserting the following: to programs and plans established under this (2) SUPPORT RATES.—The national average title and any other Department program At the appropriate place in the bill insert quota support rate for each of the 1996 using incentive, technical assistance, cost- the following: through 1997 crops of quota peanuts shall not share pilot project programs that require Notwithstanding the provisions of the Fed- be more than $600 per ton. The national aver- plans. eral Crop Insurance Act, the Secretary shall age quota support rate for each of the 1998 ensure that crop insurance is made available through 2002 crops shall be not more than to producers so that protection at the 75 per- $550 per ton. GRAHAM (AND MACK) cent level of coverage shall be available at AMENDMENT NO. 3407 the rate for which coverage at the 65 percent SANTORUM AMENDMENT NO. 3405 (Ordered to lie on the table.) level is available on the date prior to the date of enactment. (Ordered to lie on the table.) Mr. GRAHAM (for himself and Mr. Mr. SANTORUM submitted an MACK) submitted an amendment in- amendment intended to be proposed by tended to be proposed by them to BAUCUS AMENDMENT NO. 3410 him to amendment No. 3225 submitted amendment No. 3184 proposed by Mr. (Ordered to lie on the table.) by him to amendment No. 3184 pro- LEAHY to the bill S. 1541, supra; as fol- Mr. BAUCUS submitted an amend- posed by Mr. LEAHY to the bill S. 1541, lows: ment intended to be proposed by him supra; as follows: On page 510, strike lines 17 through 24, and to the bill S. 1541, supra; as follows: Amend Section 106, Peanut Program, by: on page 511, strike lines 1 through the end, After section 857, insert the following: (a) Striking paragraph (2) in subsection (a), and insert in lieu thereof the following: SEC. 858. LABELING OF DOMESTIC AND IM- Quota Peanuts, and inserting the following: SEC. 506. EVERGLADES AGRICULTURAL AREA. PORTED LAMB AND MUTTON. (2) SUPPORT RATES.— (a) IN GENERAL.—On July 1, 1996, out of any Section 7 of the Federal Meat Inspection (A) MAXIMUM LEVELS.—The national aver- funds in the Treasury not otherwise appro- Act (21 U.S.C. 607) is amended by adding at age quota support rate for each of the 1996 priated, the Secretary of the Treasury shall the end the following: through 2000 crops of quota peanuts shall not provide $200,000,000 to the Secretary of the ‘‘(f) LAMB AND MUTTON.— be more than $610 per ton for the 1996 crop, Interior to carry out this subsection. ‘‘(1) STANDARDS.—The Secretary shall es- $542 per ton for the 1997 crop, $509 per ton for (b) ENTITLEMENT.—The Secretary of the In- tablish standards for the labeling of sheep the 1998 crop, $485 per ton for the 1999 crop, terior— carcasses, parts of carcasses, meat, and meat and $475 for the 2000 crop. (1) shall accept the funds made available food products as ‘lamb’ or ‘mutton’. (B) DISBURSEMENT.—The Secretary shall under subsection (a); ‘‘(2) METHOD.—The standards under para- initially disburse only 90 percent of the price (2) shall be entitled to receive the funds; graph (1) shall be based on the use of the support loan level required under this para- and break or spool joint method to differentiate graph to producers for the 1996 and 1997 (3) shall use the funds to conduct restora- lamb from mutton by the degree of calcifi- crops, and 85 percent for the 1998 through tion activities in the Everglades ecosystem, cation of bone to reflect maturity.’’. 2000 crops and provide for the disbursement which may include acquiring private acreage to producers at maturity of any balances due in the Everglades Agricultural Area includ- HARKIN AMENDMENT NO. 3411 the producers on the loans that may remain ing approximately 52,000 acres that is com- to be settled at maturity. The remainder of monly known as the ‘‘Talisman Tract’’. (Ordered to lie on the table.) February 6, 1996 CONGRESSIONAL RECORD — SENATE S 989

Mr. BAUCUS (for Mr. HARKIN) sub- (A) REPAYMENT RATES FOR WHEAT AND FEED (ii) a failure to properly care for and pre- mitted an amendment intended to be GRAINS.—The Secretary shall permit a pro- serve a commodity; or proposed by him to an amendment sub- ducer to repay a marketing assistance loan (iii) a failure or refusal to deliver a com- under subsection (a) for wheat, corn, grain modity in accordance with a program estab- mitted by Mr. CRAIG to the bill S. 1541, sorghum, barley, and oats at a level that the lished under this section or the Agricultural supra; as follows: Secretary determines will— Adjustment Act of 1938. Amend Section 110 by adding the following (i) minimize potential loan forfeitures; (C) ACQUISITION OF COLLATERAL.—The Sec- at the end: (ii) minimize the accumulation of stocks of retary may include in a contract for a (D) NONRECOURSE MARKETING ASSISTANCE the commodities by the Federal Govern- nonrecourse loan made under this section or ment; LOANS AND LOAN DEFICIENCY PAYMENTS the Agricultural Adjustment Act of 1938 a (iii) minimize the costs incurred by the provision that permits the Commodity Cred- Notwithstanding the provisions of section Federal Government in storing the commod- 104, in the case of the 1996 and subsequent it Corporation, on and after the maturity of ities; and the loan or any extension of the loan, to ac- crops of wheat, feed grains, and oilseeds the (iv) allow the commodities produced in the quire title to the unredeemed collateral Secretary shall provide marketing loans to United States to be marketed freely and without obligation to pay for any market producers of such crops. competitively, both domestically and inter- value that the collateral may have in excess (1) AVAILABILITY OF NONRECOURSE LOANS.— nationally. of the loan indebtedness. (A) AVAILABILITY.—For each of the 1996 and (5) LOAN DEFICIENCY PAYMENTS.— subsequent crops, the Secretary shall make (A) AVAILABILITY.—The Secretary may available to producers on a farm nonrecourse make loan deficiency payments available to GRAHAM (AND MACK) marketing assistance loans for wheat, feed producers who, although ineligible to obtain AMENDMENT NO. 3412 grains, and oilseeds produced on the farm. a marketing assistance loan under sub- The loans shall be made under the terms and section (a) with respect to a loan commod- (Ordered to lie on the table.) conditions that are prescribed by the Sec- ity, agree to forego obtaining the loan for Mr. GRAHAM (for himself and Mr. retary and at the loan rate established under the commodity in return for payments under MACK) submitted an amendment in- subsection (2) for the commodity. this subsection. tended to be proposed by them to the (2) LOAN RATES.— (B) COMPUTATION.—A loan deficiency pay- bill S. 1541, supra; as follows: (A) WHEAT.— ment shall be computed by multiplying— (i) the loan payment rate under paragraph At the end of the section relating to crop (i) LOAN RATE.—The loan rate for wheat insurance, insert the following: shall be— (3) for the loan commodity; by (ii) the quantity of the loan commodity (c) DEFINITION OF NATURAL DISASTER.—Sec- (I) not less than 90 percent of the simple tion 502 of the Federal Crop Insurance Act (7 average price received by producers of that the producers on a farm are eligible to place under loan but for which the producers U.S.C. 1502) is amended— wheat, as determined by the Secretary, dur- forego obtaining the loan in return for pay- (1) by redesignating paragraphs (7) and (8) ing the marketing years for the immediately ments under this subsection. as paragraphs (8) and (9), respectively; and five preceding 5 crops of wheat, excluding the (C) LOAN PAYMENT RATE.—For purposes of (2) by inserting after paragraph (6) the fol- year in which the average price was the this subsection, the loan payment rate shall lowing: highest and the year in which the average be the amount by which— ‘‘(7) NATURAL DISASTER.—The term ‘natural price was the lowest in the period. (i) the loan rate established under sub- disaster’ includes extensive crop destruction (B) FEED GRAINS.— section (2) for the loan commodity exceeds caused by insects or disease.’’. (i) LOAN RATE.—The loan rate for a mar- (ii) the rate at which a loan for the com- (d) CROP INSURANCE FOR SPECIALTY keting assistance loan for corn shall be— modity may be repaid under subsection (d). CROPS.—Section 508(a)(6) of the Federal Crop (I) not less than 90 percent of the simple (6) SOURCE OF LOANS.— Insurance Act (7 U.S.C. 1508(a)(6)) is amended average price received by producers of corn (A) IN GENERAL.—The Secretary shall pro- by adding at the end the following: as determined by the Secretary, during the vide the loans authorized by this section and ‘‘(D) ADDITION OF SPECIALTY CROPS.—Not marketing years for the immediately five the Agricultural Adjustment Act of 1938 (7 later than 1 year after the date of enactment preceding 5 crops of corn, excluding the year U.S.C. 1281 et seq.) through the Commodity of this subparagraph, the Corporation shall in which the average price was the highest Credit Corporation and other means avail- issue regulations to expand crop insurance and the year in which the average price was able to the Secretary. coverage under this title to include any spe- the lowest in the period. (B) PROCESSORS.—Whenever any loan or cies, animal or plant, that is reared or grown (II) OTHER FEED GRAINS.—The loan for a surplus removal for any agricultural com- for sale using and or water culture.’’. marketing assistance loan for grain sor- modity is carried out through purchases (e) MARKETING WINDOWS.—Section 508(j) of ghum, barley, and oats, respectively, shall be from or loans or payments to processors, the the Federal Crop Insurance Act (7 U.S.C. established at such level as the Secretary de- Secretary shall, to the extent practicable, 1508(j)) is amended by adding at the end the termines is fair and reasonable in relation to obtain from the processors such assurances following: as the Secretary considers adequate that the the rate that loans are made available for ‘‘(4) MARKETING WINDOWS.—The corporation corn, taking into consideration the feeding producers of the commodity have received or shall consider marketing windows in deter- value of commodity in relation to corn. will receive the maximum benefit from the mining whether it is feasible to require (C) OILSEEDS.— loan or surplus removal operation. planting during a crop year.’’. (7) ADJUSTMENTS OF LOANS.— (i) SOYBEANS.—The loan rate for a market- (A) IN GENERAL.—The Secretary may make ing assistance loan for soybeans shall be not appropriate adjustments in the loan levels HARKIN AMENDMENT NOS. 3413–3414 less than 90 percent of the simply average for differences in grade, type, quality, loca- price received by producers of soybeans, as (Ordered to lie on the table). tion, and other factors. determined by the Secretary, during the (B) LOAN LEVEL.—The adjustments shall, Mr. HARKIN submitted two amend- marketing years for the immediately preced- to the maximum extent practicable, be made ments intended to be proposed by him ing 5 crops of soybeans, excluding the year in in such manner that the average loan level to the bill S. 1541, supra; as follows: which the average price was the highest and for the commodity will, on the basis of the AMENDMENT NO. 3413 the year in which the average price was the anticipated incidence of the factors, be equal lowest in the period. (1) Section 110(b) is amended by striking to the level of support determined as pro- paragraph (2) and inserting the following: (ii) SUNFLOWER SEED, CANOLA, RAPESEED, vided in this section or the Agricultural Ad- SAFFLOWER, MUSTARD SEED, AND FLAXSEED.— ‘‘(2) REPEAL.—The Agricultural Act of 1949 justment Act of 1938 (7 U.S.C. 1281 et seq.). (7 U.S.C. 1421 et seq.) (as amended by para- The loan rates for marketing assistance (8) PERSONAL LIABILITY OF PRODUCERS FOR graph (1)) is repealed except for section 110.’’ loans for sunflower seed, canola, rapeseed, DEFICIENCIES.— safflower, mustard seed, and flaxseed shall be (A) IN GENERAL.—Except as provided in not less than 90 percent of the simple aver- paragraph (2), no producer shall be person- AMEMDMENT NO. 3414 age price received by producers of sunflower ally liable for any deficiency arising from (1) Section 110(b) is amended by striking seed, as determined by the Secretary, during the sale of the collateral securing any paragraph (2) and inserting the following: the marketing years for the immediately nonrecourse loan made under this section or ‘‘(2) REPEAL— preceding 5 crops of sunflower seed, exclud- the Agricultural Adjustment Act of 1938 (7 ‘‘(A) The Agricultural Act of 1949 (7 U.S.C. ing the year in which the average price was U.S.C. 1281 et seq.) unless the loan was ob- 1421 et seq.) (as amended by paragraph (1)) is the highest and the year in which the aver- tained through a fraudulent representation repealed except for section 110. age price was the lowest in the period. by the producer. ‘‘(B) Notwithstanding the provisions of the (3) TERM OF LOAN.—In the case of wheat (B) LIMITATIONS.—Paragraph (1) shall not Agricultural Trade Act of 1978 and section and feed grains, a marketing assistance loan prevent the Commodity Credit Corporation 203 the Commodity Credit Corporation shall under subsection (a) shall have a term of 9 or the Secretary from requiring the producer make available to carry out the export en- months beginning on the first day of the to assume liability for— hancement program not more than the fol- first month after the month in which the (i) a deficiency in the grade, quality, or lowing: loan is made. quantity of a commodity stored on a farm or ‘‘(i) $338,428,572 for fiscal year 1996; (4) REPAYMENT.— delivered by the producer; ‘‘(ii) $338,428,572 for fiscal year 1997; S 990 CONGRESSIONAL RECORD — SENATE February 6, 1996 ‘‘(iii) $488,428,572 for fiscal year 1998; At the appropriate place, insert the follow- ter. The standards shall require, at a mini- ‘‘(iv) $538,428,572 for fiscal year 1999; ing: mum, that— ‘‘(v) $567,428,572 for fiscal year 2000; SEC. ll. COMMERCIAL TRANSPORTATION OF (A) no equine for slaughter shall be trans- ‘‘(vi) $466,428,572 for fiscal year 2001; and EQUINE FOR SLAUGHTER. ported for more than 24 hours without being ‘‘(vii) $466,428,572 for fiscal year 2002.’’ (a) FINDINGS.—Congress finds that, to en- unloaded from the vehicle and allowed to sure that equine sold for slaughter are pro- rest for at least 8 consecutive hours and DASCHLE AMENDMENT NO. 3415 vided humane treatment and care, it is es- given access to adequate quantities of whole- some food and potable water; (Ordered to lie on the table.) sential to regulate the transportation, care, handling, and treatment of equine by any (B) a vehicle shall provide adequate head- Mr. DASCHLE submitted an amend- person engaged in the commercial transpor- room for a equine for slaughter with a mini- ment intended to be proposed by him tation of equine for slaughter. mum of at least 6 feet, 6 inches of headroom to the bill (S. 1541), supra; as follows: (b) DEFINITIONS.—In this section: from the roof and beams or other structural Title I is amended by— (1) COMMERCE.—The term ‘‘commerce’’ members overhead to floor underfoot, except (1) striking ‘‘2002’’ each place it appears means trade, traffic, transportation, or other that a vehicle transporting 6 equines or less and inserting ‘‘1998’’; commerce by a person— shall provide a minimum of at least 6 feet of (2) striking ‘‘2003’’ each place it appears (A) between any State, territory, or posses- headroom from the roof and beams or other and inserting ‘‘1999’’; sion of the United States, or the District of structural members overhead to floor (3) in section 103 striking subsections (d) Columbia, and any place outside thereof; underfoot if none of the equines are over 16 through (f) and inserting the following: (B) between points within the same State, hands; ‘‘(e) CONTRACT PAYMENTS.— territory, or possession of the United States, (C) the interior of a vehicle shall— ‘‘(1) IN GENERAL.—The Secretary shall pro- or the District of Columbia, but through any (i) be free of protrusions, sharp edges, and vide advanced and final payments to owners place outside thereof; or harmful objects; and operators in accordance with this sub- (C) within any territory or possession of (ii) have ramps and floors that are ade- section. the United States or the District of Colum- quately covered with a nonskid nonmetallic ‘‘(2) ADVANCED PAYMENTS.— bia. surface; and ‘‘(A) IN GENERAL.—An owner or operator (2) DEPARTMENT.—The term ‘‘Department’’ (iii) be maintained in a sanitary condition; shall receive an advanced payment by June means the United States Department of Ag- (D) a vehicle shall— 15 for the 1996 fiscal year and December 15 riculture. (i) provide adequate ventilation and shel- for the 1997 and 1998 fiscal years which rep- (3) EQUINE.—The term ‘‘equine’’ means any ter from extremes of weather and tempera- resents the product of— member of the Equidae family. ture for all equine; ‘‘(i) the applicable payment rate described (4) EQUINE FOR SLAUGHTER.—The term (ii) be of appropriate size, height, and inte- in subparagraph (B); ‘‘equine for slaughter’’ means any equine rior design for the number of equine being ‘‘(ii) the farm program payment yield; and that is transported, or intended to be trans- carried to prevent overcrowding; and ‘‘(iii) 85 percent of the contract acreage. ported, by vehicle to a slaughter facility or (iii) be equipped with doors and ramps of ‘‘(B) PAYMENT RATE.—The payment rate intermediate handler from a sale, auction, or sufficient size and location to provide for shall be— intermediate handler by a person engaged in safe loading and unloading, including un- ‘‘(i) for corn, $.16 per bushel; the business of transporting equines for loading during emergencies; ‘‘(ii) for grain sorghum, $.19 per bushel; slaughter. (E)(i) equines shall be positioned in the ve- ‘‘(iii) for barley, $.12 per bushel; (5) FOAL.—The term ‘‘foal’’ means a equine hicle by size; and ‘‘(iv) for oats, $.02 per bushel; that is not more than 6 months of age. (ii) stallions shall be segregated from other ‘‘(v) for wheat, $.27 per bushel; (6) INTERMEDIATE HANDLER.—The term ‘‘in- equines; ‘‘(vi) for rice, $1.14 per hundredweight; and termediate handler’’ means any person regu- (F)(i) all equines for slaughter must be fit ‘‘(vii) for upland cotton, $.032 per pound. larly engaged in the business of receiving to travel as determined by an accredited vet- ‘‘(3) FINAL PAYMENT.— custody of equines for slaughter in connec- erinarian, who shall prepare a certificate of ‘‘(A) IN GENERAL.—The Secretary shall tion with the transport of the equines to a inspection, prior to loading for transport, make a final payment which represents the slaughter facility, including a stockyard, that— county rate described in subparagraph (B) feedlot, or assembly point. (I) states that the equines were inspected multiplied by lessor of— (7) PERSON.—The term ‘‘person’’ means any and satisfied the requirements of subpara- ‘‘(i) 85 percent of the contract acreage; or individual, partnership, firm, company, cor- graph (B); ‘‘(ii) contract acreage planted to the con- poration, or association that regularly trans- (II) includes a clear description of each tract commodity. ports equines for slaughter in commerce, ex- equine; and ‘‘(B) COUNTY RATE.—The county rate is the cept that the term shall not include an indi- (III) is valid for 7 days; difference between the target county revenue vidual or other entity that does not trans- (ii) no equine shall be transported to described in clause (i) and the current coun- port equines for slaughter on a regular basis slaughter if the equine is found to be— ty revenue described in clause (ii). as part of a commercial enterprise. (I) suffering from a broken or dislocated ‘‘(i) TARGET COUNTY REVENUE.—The target (8) SECRETARY.—The term ‘‘Secretary’’ limb; county revenue shall equal to the product means the Secretary of Agriculture. (II) unable to bear weight on all 4 limbs; of— (9) VEHICLE.—The term ‘‘vehicle’’ means (III) blind in both eyes; or ‘‘(I) the five year average county yield for any machine, truck, tractor, trailer, or (IV) obviously suffering from severe ill- the contract commodity, excluding the year semitrailer, or any combination thereof, pro- ness, injury, lameness, or physical debilita- in which the average yield was the highest pelled or drawn by mechanical power and tion that would make the equine unable to and the lowest; and used on a highway in the commercial trans- withstand the stress of transportation; ‘‘(II) the established price for the commod- portation of equines for slaughter. (iii) no foal may be transported for slaugh- ity for the 1995 crop. (10) STALLION.—The term ‘‘stallion’’ means ter; ‘‘(ii) CURRENT COUNTY REVENUE.—The cur- any uncastrated male equine that is 1 year of (iv) no mare in foal that exhibits signs of rent county revenue shall equal the product age or older. impending parturition may be transported of— (c) STANDARDS FOR HUMANE COMMERCIAL for slaughter; and ‘‘(I) the average price for the contract com- TRANSPORTATION OF EQUINES FOR SLAUGH- (v) no equine for slaughter shall be accept- modity for the first five months of the mar- TER.— ed by a slaughter facility unless the equine keting year; and (1) IN GENERAL.—Subject to the availabil- is— ‘‘(II) the county average yield for the con- ity of appropriations, not later than 1 year (I) inspected on arrival by an employee of tract commodity. after the date of enactment of this section, the slaughter facility or an employee of the ‘‘(iii) LIMITATION.—The final payment shall the Secretary shall issue, by regulation, Department; and be reduced by the advanced payment, but in standards for the humane commercial trans- (II) accompanied by a certificate of inspec- no case shall the final payment be less than portation by vehicle of equines for slaughter. tion issued by an accredited veterinarian, zero.’’ (2) PROHIBITION.—no person engaged in the not more than 7 days before the delivery, (4) in section 104(b) by striking paragraphs regular business of transporting equines by stating that the veterinarian inspected the (1)(A)(ii), (2)(A)(ii), (3)(B), and (4)(B). vehicle for slaughter as part of a commercial equine on a specified date. enterprise shall transport in commerce, to a (d) RECORDS.— McCONNELL AMENDMENT NO. 3416 slaughter facility or intermediate handler, a (1) IN GENERAL.—A person engaged in the (Ordered to lie on the table.) equine for slaughter except in accordance business of transporting equines for slaugh- with the standards and this section. ter shall establish and maintain such Mr. MCCONNELL submitted an (3) MINIMUM REQUIREMENTS.—The standards records, make such reports, and provide such amendment intended to be proposed by shall include minimum requirements for the information as the Secretary may, by regu- him to the amendment No. 3184 pro- humane handling, care, treatment, and lation, require for the purposes of carrying posed by Mr. LEAHY to the bill (S. 1541), equipment necessary to ensure the safe and out, or determining compliance with, this supra; as follows: humane transportation of equines for slaugh- section. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 991

(2) MINIMUM REQUIREMENTS.—The records action described in paragraph (1), the person any person, during a fiscal year unless funds shall include, at a minimum— shall be fined not more than $10,000 or im- to carry out this section have been appro- (A) the veterinary certificate of inspection; prisoned not more than 10 years, or both. priated for the fiscal year. (B) the names and addresses of current (i) JURISDICTION OF COURTS.—Except as pro- owners and consignors, if applicable, of the vided in subsection (j)(1)(E), a district court McCONNELL AMENDMENT NO. 3417 equines at the time of sale or consignment to of the United States in any appropriate judi- slaughter; and cial district under section 1391 of title 28, (Ordered to lie on the table.) (C) the bill of sale or other documentation United States Code, shall have jurisdiction Mr. MCCONNELL submitted an of sale for each equine. to specifically enforce this section, to pre- amendment intended to be proposed by (3) AVAILABILITY.—The records shall— vent and restrain a violation of this section, him to the bill (S. 1541), supra; as fol- and to otherwise enforce this section. (A) accompany the equine during transport lows: to slaughter; (j) CIVIL AND CRIMINAL PENALTIES.— (B) be retained by any person engaged in (1) CIVIL PENALTIES.— At the appropriate place, insert the follow- the business of transporting equine for (A) IN GENERAL.—A person who violates ing: slaughter for a reasonable period of time, as this section (including a regulation or stand- SEC. . TOBACCO ADMINISTRATIVE EXPENSES. determined by the secretary, except that the ard issued under this section) shall be as- Notwithstanding any other provision of veterinary certificate of inspection shall be sessed a civil penalty by the Secretary of not law, tobacco marketing assessments re- surrendered at the slaughter facility to an more than $2,000 for each violation. quired to be collected for budget deficit re- employee or designee of the department and (B) SEPARATE OFFENSES.—Each equine duction purposes shall be used first to offset kept by the department for a reasonable pe- transported in violation of this section shall any administrative expenses that are in- riod of time, as determined by the secretary; constitute a separate offense. Each violation curred in carrying out the tobacco price sup- and and each day during which a violation con- port and production adjustment program to (C) on request of an officer or employee of tinues shall constitute a separate offense. the extent that the costs are not otherwise the department, be made available at all rea- (C) HEARINGS.—No penalty shall be as- subject to reimbursement under other as- sonable times for inspection and copying by sessed under this paragraph unless the per- sessments specific to tobacco. the officer or employee. son who is alleged to have violated this sec- tion is given notice and opportunity for a (e) AGENTS.— McCONNELL AMENDMENT NO. 3418 (1) IN GENERAL.—For purposes of this sec- hearing with respect to an alleged violation. tion, the act, omission, or failure of an indi- (D) FINAL ORDER.—An order of the Sec- (Ordered to lie on the table.) vidual acting for or employed by a person en- retary assessing a penalty under this para- Mr. MCCONNELL submitted an gaged in the business of transporting equines graph shall be final and conclusive unless the amendment intended to be proposed by for slaughter, within the scope of the em- aggrieved person files an appeal from the him to the amendment No. 3184 pro- ployment or office of the individual, shall be order pursuant to subparagraph (E). (E) APPEALS.—Not later than 30 days after posed by Mr. LEAHY to the bill (S. 1541), considered the act, omission, or failure of supra; as follows: the person engaging in the commercial entry of a final order of the Secretary issued transportation of equines for slaughter as pursuant to this paragraph, a person ag- At the appropriate place in the title relat- grieved by the order may seek review of the well as of the individual. ing to nutrition assistance, insert the follow- order in the appropriate United States Court ing: (2) ASSISTANCE.—if a equine suffers a sub- of Appeals. The Court shall have exclusive stantial injury or illness while being trans- SEC. . NUTRITIONAL SUPPLEMENTS. jurisdiction to enjoin, set aside, suspend (in ported for slaughter on a vehicle, the driver (a) FINDINGS.—Congress finds that— whole or in part), or to determine the valid- of the vehicle shall seek prompt assistance (1) the dietary patterns of Americans do ity of the order. from a licensed veterinarian. not result in nutrient intakes that fully (F) NONPAYMENT OF PENALTY.—On a failure (f) COOPERATIVE AGREEMENTS.—The Sec- meet Recommended Dietary Allowances retary is authorized to cooperate with to pay the penalty assessed by a final order (RDAs) of vitamins and minerals; States, political subdivisions of States, under this subsection, the Secretary shall re- (2) children in low-income families and the State agencies (including State departments quest the Attorney General to institute a elderly often fail to achieve adequate nutri- of agriculture and State law enforcement civil action in a district court of the United ent intakes from diet alone; agencies), and foreign governments to carry States or other United States court for any (3) pregnant women have particularly high out and enforce this section (including regu- district in which the person is found, resides, nutrient needs, which they often fail to meet lations issued under this section). or transacts business, to collect the penalty. through dietary means alone; (g) INVESTIGATIONS AND INSPECTIONS.— The court shall have jurisdiction to hear and (4)(A) many scientific studies have shown (1) IN GENERAL.—The Secretary is author- decide the action. that nutritional supplements that contain ized to conduct such investigations or in- (2) CRIMINAL PENALTIES.— folic acid (a B vitamin) can prevent as many spections as the Secretary considers nec- (A) FIRST OFFENSE.—Subject to subpara- as 60 to 80 percent of neural tube birth de- essary to enforce this section (including any graph (B), a person who knowingly violates fects; regulation issued under this section). this section (or a regulation or standard is- (B) the Public Health Service, in Septem- sued under this section) shall, on conviction (2) ACCESS.—for the purposes of conducting ber 1992, recommended that all women of of the violation, be subject to imprisonment an investigation or inspection under para- childbearing age in the United States who for not more than 1 year or a fine of not graph (1), the secretary shall, at all reason- are capable of becoming pregnant should more than $2,000, or both. able times, have access to— consume 0.4 mg of folic acid per day for the (B) SUBSEQUENT OFFENSES.—On conviction (A) the place of business of any person en- purpose of reducing their risk of having a of a second or subsequent offense described gaged in the business of transporting equines pregnancy affected with spina bifida or other in subparagraph (A), a person shall be sub- for slaughter; neural tube birth defects; and ject to imprisonment for not more than 3 (B) the facilities and vehicles used to (C) the Food and Drug Administration has years or to a fine of not more than $5,000, or transport the equines; and also approved a health claim for folic acid to (C) records required to be maintained both. (k) PAYMENTS FOR TEMPORARY OR MEDICAL reduce the risk of neural tube birth defects; under subsection (d). ASSISTANCE FOR EQUINES DUE TO VIOLA- (5) infants who fail to receive adequate in- (3) ASSISTANCE TO OR DESTRUCTION OF TIONS.—From sums received as penalties, takes of iron may be somewhat impaired in EQUINES.—The Secretary shall issue such reg- fines, or forfeitures of property for any viola- their mental and behavioral development; ulations as the Secretary considers nec- tion of this section (including a regulation and essary to permit employees or agents of the issued under this section), the Secretary (6) a massive volume of credible scientific Department to— shall pay the reasonable and necessary costs evidence strongly suggests that increasing (A) provide assistance to any equine that is incurred by any person in providing tem- intake of specific nutrients over an extended covered by this section (including any regu- porary care or medical assistance for any period of time may be helpful in protecting lation issued under this section); or equine that needs the care or assistance due against diseases or conditions such as (B) destroy, in a humane manner, any such to a violation of this section. osteoporosis, cataracts, cancer, and heart equine found to be suffering. (l) RELATIONSHIP TO STATE LAW.—Nothing disease. (h) INTERFERENCE WITH ENFORCEMENT.— in this section prevents a State from enact- (b) AMENDMENT OF THE FOOD STAMP ACT OF (1) IN GENERAL.—Subject to paragraph (2), a ing and enforcing any law (including a regu- 1977.—Section 3(g)(1) of the Food Stamp Act person who forcibly assaults, resists, op- lation) that is not inconsistent with this sec- of 1977 (7 U.S.C. 2012(g)(1)) is amended by poses, impedes, intimidates, or interferes tion or that is more restrictive than this sec- striking ‘‘or food product’’ and inserting ‘‘, with any person while engaged in or on ac- tion. food product, or nutritional supplement of a count of the performance of an official duty (m) AUTHORIZATION OF APPROPRIATIONS.— vitamin, mineral, or a vitamin and a min- of the person under this section shall be (1) IN GENERAL.—There are authorized to be eral’’. fined not more than $5,000 or imprisoned not appropriated for each fiscal year such sums more than 3 years, or both. as are necessary to carry out this section. McCONNELL AMENDMENT NO. 3419 (2) WEAPONS.—If the person uses a deadly (2) LIMITATION.—No provision of this sec- or dangerous weapon in connection with an tion shall be effective, or be enforced against (Ordered to lie on the table.) S 992 CONGRESSIONAL RECORD — SENATE February 6, 1996

Mr. MCCONNELL submitted an Credit Corporation to carry out this sub- ghum, barley, and oats, respectively, shall be amendment intended to be proposed by section. established at such level as the Secretary de- him to amendment No. 3184 proposed termines is fair and reasonable in relation to the rate that loans are made available for by Mr. LEAHY to the bill S. 1541, supra; BREAUX (AND JOHNSTON) AMENDMENT NO. 3422 corn, taking into consideration the feeding as follows: value of the commodity in relation to corn. At the appropriate place in the title relat- (Ordered to lie on the table.) ing to nutrition assistance, insert the follow- Mr. BREAUX (for himself and Mr. AMENDMENT NO. 3425 ing: JOHNSON) submitted an amendment in- Beginning on page 1–21, strike line 5 and SEC. . DISQUALIFICATION OF A STORE OR CON- tended to be proposed by them to the all that follows through page 1–23, line 3, and CERN. amendment No. 3205 proposed by Mr. insert the following: Section 12 of the Food Stamp Act of 1977 (7 MOYNIHAN (and MIKULSKI) to the bill (1) WHEAT.—The loan rate for a marketing U.S.C. 2021) is amended— assistance loan for wheat shall be not less (1) by striking the section heading; (S. 1541), supra; as follows: Strike all after the enacting clause and in- than 85 percent of the simple average price (2) by striking ‘‘SEC. 12. (a) Any’’ and in- received by producers of wheat, as deter- serting the following: sert the following: ‘‘In administering the sugar program, the mined by the Secretary, during the market- ‘‘SEC. 12. CIVIL MONEY PENALTIES AND DIS- ing years for the immediately preceding 5 QUALIFICATION OF RETAIL FOOD Secretary shall use all authorities available to him, as is necessary, to ensure the eco- crops of wheat, excluding the year in which STORES AND WHOLESALE FOOD the average price was the highest and the CONCERNS. nomic viability of all segments of the domes- year in which the average price was the low- ‘‘(a) DISQUALIFICATION.— tic sugar industry, including sugar cane est in the period. ‘‘(1) IN GENERAL.—An’’; growers and processors, sugar beet growers (2) FEED GRAINS.— (3) by adding at the end of subsection (a) and processor and cane sugar refiners’’. (A) LOAN RATE FOR CORN.—Subject to sub- the following: paragraph (B), the loan rate for a marketing ‘‘(2) EMPLOYING CERTAIN PERSONS.—A retail CONRAD AMENDMENT NO. 3423–3426 assistance loan for corn shall not be less food store or wholesale food concern shall be than 85 percent of the simple average price disqualified from participation in the food (Ordered to lie on the table.) received by producers of corn, as determined stamp program if the store or concern know- Mr. CONRAD submitted four amend- by the Secretary, during the marketing ingly employs a person who has been found ments intended to be proposed by him years for the immediately preceding 5 crops by the Secretary, or a Federal, State, or to the amendment No. 3184 proposed by of corn, excluding the year in which the av- local court, to have, within the preceding 3- EAHY Mr. L to the bill (S. 1541), supra; erage price was the highest and the year in year period— as follows: which the average price was the lowest in ‘‘(A) engaged in the trading of a firearm, AMENDMENT NO. 3423 the period. ammunition, an explosive, or a controlled On page 3–62, after line 22, insert the fol- substance (as defined in section 102 of the AMENDMENT NO. 3426 lowing: Controlled Substances Act (21 U.S.C. 802)) for On page 3–62, after line 22, insert the fol- a coupon; or SEC. 356. ABANDONMENT OF CONVERTED WET- lowing: LANDS. ‘‘(B) committed any act that constitutes a Section 1222(b)(2) of the Food Security Act SEC. 356. WETLAND CONSERVATION EXEMPTION. violation of this Act or a State law relating of 1985 (16 U.S.C. 3822(b)(2)) is amended— Section 1222(b)(1) of the Food Security Act to using, presenting, transferring, acquiring, (1) in subparagraph (A), by striking ‘‘or’’ at of 1985 (16 U.S.C. 3822(b)(1)) is amended— receiving, or possessing a coupon, authoriza- the end; (1) in subparagraph (C), by striking ‘‘or’’ at tion card, or access device.’’; and (2) in subparagraph (B), by striking the pe- the end; and (4) in subsection (b)(3)(B), by striking ‘‘nei- riod at the end and inserting ‘‘; or’’; and (2) by adding at the end the following: ther the ownership nor management of the (3) by adding at the end the following: ‘‘(E) converted wetland, if— store or food concern was aware’’ and insert- ‘‘(C) a wetland that has been restored or ‘‘(i) the extent of the conversion is limited ing ‘‘the ownership of the store or food con- enhanced after the date of enactment of this to the return of conditions that will be at cern was not aware’’. subparagraph, if— least equivalent to the wetland functions ‘‘(i) technical determinations of the prior and values that existed prior to implementa- BREAUX (AND JOHNSTON) site conditions and the restoration or en- tion of the wetland restoration, enhance- AMENDMENT NOS. 3420–3421 hancement action have been adequately doc- ment, or creation action; umented in a plan approved by the Secretary ‘‘(ii) technical determinations of the prior (Ordered to lie on the table.) prior to implementation; site conditions and the restoration, enhance- Mr. BREAUX (for himself and Mr. ‘‘(ii) the conversion of the restored or en- ment, or creation action have been ade- JOHNSTON) submitted two amendments hanced wetland results in a level of wetland quately documented in a plan approved by to be proposed by them to the amend- functions and values at least equivalent to the Natural Resources Conservation Service ment No. 3184 proposed by Mr. LEAHY the functions and values present at the site prior to implementation; and to the bill (S. 1541), supra, as follows: prior to the restoration or enhancement; and ‘‘(iii) the conversion action proposed by ‘‘(iii) the conversion action proposed by the private landowner is approved by the Na- AMENDMENT NO. 3420 the private landowner is approved by the tional Resources Conservation Service prior In the pending amendment: Secretary prior to implementation.’’. to implementation; or’’. Strike language 103(a)(3) after ‘‘interests AMENDMENT NO. 3424 of’’ and add ‘‘tenants and sharecroppers.’’ Beginning on page 1–21, strike line 5 and Strike language in 103(F)(6) after ‘‘owners CONRAD AMENDMENT NO. 3427 all that follows through page 1–24, line 10, and operators’’ and add ‘‘and other producers and insert the following: (Ordered to lie on the table.) on the farm actively engaged in farming sub- (1) WHEAT.—The loan rate for a marketing Mr. CONRAD submitted an amend- ject to the contract on a fair and equitable assistance loan for wheat shall be not less ment intended to be proposed by him basis taking into consideration historical re- than 85 percent of the simple average price to amendment No. 3252 submitted by lationships and common practices within a received by producers of wheat, as deter- region.’’ Mr. LUGAR to amendment No. 3184 pro- mined by the Secretary, during the market- posed by Mr. LEAHY to the bill S. 1541, ing years for the immediately preceding 5 supra; as follows: AMENDMENT NO. 3421 crops of wheat, excluding the year in which Amend section 104 by adding at the end the the average price was the highest and the Beginning on page 3–6, strike line 1 and all following: year in which the average price was the low- that follows through page 3–8, line 6, and in- (l) PROGRAM ON TERMINATION OF MARKET est in the period. sert the following: TRANSITION PROGRAM.— (2) FEED GRAINS.— SEC. 312. CONSERVATION RESERVE PROGRAM. (1) Notwithstanding any other provision of (A) LOAN RATE FOR CORN.—The loan rate (a) IN GENERAL.—Section 1231 of the Food this Act or any other provision of law, upon for a marketing assistance loan for corn Security Act of 1985 (16 U.S.C. 3831) is amend- termination of the authority of this Act to shall not be less than 85 percent of the sim- ed— carry out a market transition program, the ple average price received by producers of (1) by striking ‘‘1995’’ each place it appears Secretary shall carry out a program for each corn, as determined by the Secretary, during and inserting ‘‘2002’’; succeeding annual crop of an agricultural the marketing years for the immediately (2) in subsection (b)— commodity upon the same terms and condi- preceding 5 crops of corn, excluding the year (A) in paragraph (4), by striking the period tions as provided under the law in effect im- in which the average price was the highest at the end and inserting ‘‘; and’’; and mediately before the date of enactment of and the year in which the average price was (B) by adding at the end the following: this Act for the 1995 crop of such commodity. the lowest in the period. ‘‘(5) land that is enrolled in the water bank (2) The Secretary may use the fund, au- (B) OTHER FEED GRAINS.—The loan rate for program established under the Water Bank thorities, and facilities of the Commodity a marketing assistance loan for grain sor- Act (16 U.S.C. 1301 et seq.), except that— February 6, 1996 CONGRESSIONAL RECORD — SENATE S 993

‘‘(A) the payment rates for the land shall (3) in section 103 striking subsections (d) ‘‘(1) IN GENERAL.—When the Secretary not exceed the payment rates in effect under through (f) and inserting the following: amends or revises a land or resource manage- the water bank program; ‘‘(e) CONTRACT PAYMENTS.— ment plan with the purpose of increasing the ‘‘(B) regulations issued under the water ‘‘(1) IN GENERAL.—The Secretary shall pro- population of a species in a unit of the Na- bank program shall apply to the land; and vide advanced and final payments to owners tional Forest System or in any area within a ‘‘(C) new contracts and extensions of con- and operators in accordance with this sub- unit, the Secretary shall, to the greatest ex- tracts with respect to the land shall enroll section. tent practicable and except when there is an land in a manner that— ‘‘(2) ADVANCED PAYMENTS.— imminent risk to public health, phase in the ‘‘(i) maximizes environmental benefits per ‘‘(A) IN GENERAL.—An owner or operator amendment or revision over an appropriate dollar expended; and shall receive an advanced payment by June period of time determined on the basis of the ‘‘(ii) contributes to flood control and pro- 15 for the 1996 fiscal year and December 15 considerations described in paragraph (2). tects and enhances wetland functions and for the 1997 and 1998 fiscal years which rep- ‘‘(2) CONSIDERATIONS.—The considerations values.’’; and resents the product of— referred to in paragraph (1) are— (3) in subsection (d), by striking ‘‘(i) the applicable payment rate described ‘‘(A) the social and economic consequences ‘‘38,000,000’’ and inserting ‘‘36,400,000’’. in subparagraph (B); to local communities of any new policy con- (b) DUTIES OF OWNERS AND OPERATORS.— ‘‘(ii) the farm program payment yield; and tained in an amendment or revision; Section 1232(c) of the Food Security Act of ‘‘(iii) 85 percent of the contract acreage. ‘‘(B) the length of time needed to achieve 1985 (16 U.S.C. 3832(c)) is amended by striking ‘‘(B) PAYMENT RATE.—The payment rate the population increase that is the objective ‘‘1995’’ and inserting ‘‘2002’’. shall be— of the amendment or revision; SEC. 313. WETLANDS RESERVE PROGRAM. ‘‘(i) for corn, $.16 per bushel; ‘‘(C) the cost of implementation of the (a) PURPOSES.—Section 1237(a) of the Food ‘‘(ii) for grain sorghum, $.19 per bushel; amendment or revision; and Security Act of 1985 (16 U.S.C. 3837(a)) is ‘‘(iii) for barley, $.12 per bushel; ‘‘(D) the financial resources available for amended by striking ‘‘to assist owners of eli- ‘‘(iv) for oats, $.02 per bushel; implementation of the amendment or revi- gible lands in restoring and protecting wet- ‘‘(v) for wheat, $.27 per bushel; sion.’’. lands’’ and inserting ‘‘to protect wetlands for ‘‘(vi) for rice, $1.14 per hundredweight; and (b) APPLICATION OF AMENDMENT.—The purposes of enhancing water quality and pro- ‘‘(vii) for upland cotton, $.032 per pound. amendment made by subsection (a) shall viding wildlife benefits while recognizing ‘‘(3) FINAL PAYMENT.— apply to any amendment of or revision to a landowner rights’’. ‘‘(A) IN GENERAL.—The Secretary shall land or resource management plan described (b) ENROLLMENT.—Section 1237 of the Food make a final payment which represents the in the amendment that is proposed on or Security Act of 1985 (16 U.S.C. 3837) is amend- county rate described in subparagraph (B) after the date of enactment of this Act or ed by striking subsection (b) and inserting multiplied by lessor of— that has been proposed but not finally adopt- the following: ‘‘(i) 85 percent of the contract average; or ed prior to the date of enactment. ‘‘(b) MINIMUM ENROLLMENT.—The Secretary ‘‘(ii) contract acreage planted to the con- shall enroll into the wetlands reserve pro- tract commodity. DASCHLE AMENDMENT NO. 3430 gram— ‘‘(B) COUNTY RATE.—The county rate is the ‘‘(1) during the 1996 through 2002 calendar difference between the target county revenue (Ordered to lie on the table.) years, a total of not more than 975,000 acres; described in clause (i) and the current coun- Mr. DASCHLE submitted an amend- and ty revenue described in clause (ii). ment intended to be proposed by him ‘‘(2) beginning with offers accepted by the ‘‘(i) TARGET COUNTY REVENUE.—The target to the bill (S. 1541), supra; as follows: Secretary during calendar year 1997, to the county revenue shall equal to the product (a) Title I is amended by— maximum extent practicable, 1⁄3 of the acres of— (1) striking ‘‘2002’’ each place it appears in permanent easements, 1⁄3 of the acres in ‘‘(I) the five year average county yield for and inserting ‘‘1998’’; 30-year easements, and 1⁄3 of the acres in res- the contract commodity, excluding the year (2) striking ‘‘2003’’ each place it appears toration cost-share agreements.’’. in which the average yield was the highest and inserting ‘‘1999’’; (c) ELIGIBILITY.—Section 1237(c) of the and the lowest; and (3) in section 103 striking subsections (d) Food Security Act of 1985 (16 U.S.C. 3837(c)) ‘‘(II) the established price for the commod- through (f) and inserting the following: is amended— ity for the 1995 crop. ‘‘(e) CONTRACT PAYMENTS.— (1) by striking ‘‘2000’’ and inserting ‘‘2002’’; ‘‘(ii) CURRENT COUNTY REVENUE.—The cur- ‘‘(1) IN GENERAL.—The Secretary shall pro- (2) by inserting ‘‘the land maximizes wild- rent county revenue shall equal the product vide advanced and final payments to owners life benefits and wetland values and func- of— and operators in accordance with this sub- tions and’’ after ‘‘determines that’’; ‘‘(I) the average price for the contract com- section. (3) in paragraph (1)— modity for the first five months of the mar- ‘‘(2) ADVANCED PAYMENTS.— (A) by striking ‘‘December 23, 1985’’ and in- keting year; and (A) IN GENERAL.—An owner or operator serting ‘‘January 1, 1996’’; and ‘‘(II) the county average yield for the con- (B) by striking ‘‘and’’ at the end; shall receive an advanced payment by June tract commodity. 15 for the 1996 fiscal year and December 15 (4) by redesignating paragraph (2) as para- ‘‘(iii) LIMITATION.—The final payment shall graph (3). for the 1997 and 1998 fiscal years which rep- be reduced by the advanced payment, but in resents the product of— no case shall the final payment be less than ‘‘(i) the applicable payment rate described BUMPERS (AND PRYOR) zero.’’ in subparagraph (B); AMENDMENT NO. 3428 (4) in section 104(b) by striking paragraphs ‘‘(ii) the farm program payment yield; and (1)(A)(ii), (2)(A)(ii), (3)(B), and (4)(B). (Ordered to lie on the table.) ‘‘(iii) 85 percent of the contract acreage. Mr. BUMPERS (for himself and Mr. ‘‘(B) PAYMENT RATE.—The payment rate LOTT (AND OTHERS) AMENDMENT shall be— PRYOR) submitted an amendment in- NO. 3429 ‘‘(i) for corn, $.16 per bushel; tended to be proposed by them to ‘‘(ii) for grain sorghum, $.19 per bushel; amendment No. 3184 proposed by Mr. (Ordered to lie on the table.) ‘‘(iii) for barley, $.12 per bushel; LEAHY to the bill S. 1541, supra; as fol- Mr. LOTT (for himself, Mr. BURNS, ‘‘(iv) for oats, $.02 per bushel; lows: Mr. COCHRAN, Mr. CRAIG, Mr. ‘‘(v) for wheat, $.27 per bushel; At the appropriate place add the following: FAIRCLOTH, Mr. HATCH, Mr. INHOFE, Mr. ‘‘(vi) for rice, $1.14 per hundredweight; and Any program authorized to be adminis- KYL, Mr. MACK, Mr. MURKOWSKI, Mr. ‘‘(vii) for upland cotton, $.032 per pound. tered by the Secretary of Agriculture on SHELBY, Mr. BREAUX, Mr. JOHNSTON, ‘‘(e) FINAL PAYMENT.— January 1, 1995, shall be deemed authorized Mr. KEMPTHORNE, Mrs. HUTCHISON, and ‘‘(A) IN GENERAL.—The Secretary shall under the same terms and conditions until make a final payment which represents the Mr. PRESSLER) submitted an amend- December 31, 1996, unless other terms and county rate described in subparagraph (B) conditions are established by law. ment intended to be proposed by them multiplied by 85 percent of the contract acre- to the bill (S. 1541), supra; as follows: age. DASCHLE AMENDMENT NO. 3415 At the appropriate place in title III, insert ‘‘(B) COUNTY RATE.—The county rate is the the following: difference between the target county revenue (Ordered to lie on the table.) SEC. 3ll. PHASING-IN OF AMENDMENTS OF AND described in clause (i) and the current coun- Mr. DASCHLE submitted an amend- REVISIONS TO LAND AND RESOURCE ty revenue described in clause (ii). ment intended to be proposed by him MANAGEMENT PLANS. ‘‘(i) TARGET COUNTY REVENUE.—The target to the bill S. 1541, supra; as follows: (a) IN GENERAL.—Section 6 of the Forest county revenue shall equal to the product Title I is amended by— and Rangeland Renewable Resources Plan- of— (1) striking ‘‘2002’’ each place it appears ning Act of 1974 (16 U.S.C. 1604) is amended ‘‘(I) the five year average county yield for and inserting ‘‘1998’’; by adding at the end the following: the contract commodity, excluding the year (2) striking ‘‘2003’’ each place it appears ‘‘(n) PHASING-IN OF CHANGES TO LAND AND in which the average yield was the highest and inserting ‘‘1999’’; RESOURCE MANAGEMENT PLANS.— and the lowest; and S 994 CONGRESSIONAL RECORD — SENATE February 6, 1996 ‘‘(II) the established price for the commod- ‘‘(iv) a research institution or organiza- Mr. LEAHY submitted an amend- ity for the 1995 crop. tion; ment intended to be proposed by him ‘‘(ii) CURRENT COUNTY REVENUE.—The cur- ‘‘(v) a private organization or person; or to the amendment No. 3252 proposed by ‘‘(vi) a Federal agency. rent county revenue shall equal the product him to the bill (S. 1541), supra; as fol- of— ‘‘(C) USE OF GRANT.— ‘‘(I) the average price for the contract com- ‘‘(i) IN GENERAL.—A grant made under this lows: modity for the first five months of the mar- paragraph may be used by a grantee for 1 or In section 561 at the appropriate place, in- keting year; and more of the following uses: sert the following paragraph. ‘‘(II) the county average yield for the con- ‘‘(I) research, ranging from discovery to (4) loans to intermediary lenders pursuant tract commodity. principles of application; to the Rural Development Loan Fund (42 ‘‘(iii) LIMITATION.—The final payment shall ‘‘(II) extension and related private-sector USC 9812 (a)). be reduced by the advanced payment, but in activities; and no case shall the final payment be less than ‘‘(III) education. GRAMS AMENDMENT NO. 3433 zero.’’ ‘‘(ii) LIMITATION.—No grant shall be made (4) in section 104(b) by striking paragraphs for any project, determined by the Sec- (Ordered to lie on the table.) (1)(A)(ii), (2)(A)(ii), (3)(B), and (4)(B). retary, to be eligible for funding under re- Mr. GRAMS submitted an amend- (b) Title V is amended by adding at the end search and commodity promotion programs ment intended to be proposed by him the following: administered by the Department. to the bill (S. 1541), supra; as follows: ‘‘SEC. 507 FUND FOR RURAL AMERICA. ‘‘(D) ADMINISTRATION.— At the appropriate place add the following: ‘‘(a) IN GENERAL.—The Secretary shall cre- ‘‘(i) PRIORITY.—In administering this para- ‘‘It is the Sense of the Senate that prior to ate an account called the Fund for Rural graph, the Secretary shall— the consideration of any health care port- America for the purposes of providing funds ‘‘(I) establish priorities for allocating ability legislation the Congress and the for activities described in subsection (c). grants, based on needs and opportunities of President must ensure the solvency of the ‘‘(b) COMMODITY CREDIT CORPORATION.—In the food and agriculture system in the Unit- Medicare Trust Funds.’’ each of the 1996 through 1998 fiscal years, the ed States related to the goals of the para- Secretary shall transfer into the Fund for graph; ‘‘(II) seek and accept proposals for grants; BUMPERS (AND PRYOR) Rural America (hereafter referred to as the AMENDMENTS NOS. 3434–3437 ‘‘Account’’)— ‘‘(III) determine the relevance and merit of ‘‘(1) $50,000,000 for the 1996 fiscal year; proposals through a system of peer and (Ordered to lie on the table.) ‘‘(2) $100,000,000 for the 1997 fiscal year; and stakeholder review; and Mr. BUMPERS (for himself and Mr. ‘‘(IV) award grants on the basis of merit, ‘‘(3) $150,000,000 for the 1998 fiscal year. PRYOR) submitted four amendments in- ‘‘(c) PURPOSES.—Except as provided in sub- quality, and relevance to advancing the na- tional research and extension purposes. tended to be proposed by them to the section (d), the Secretary shall provide not bill S. 1541, supra; as follows: more than one-third of the funds from the ‘‘(ii) COMPETITIVE AWARDING.—A grant Account for activities described in paragraph under this paragraph shall be awarded on a AMENDMENT NO. 3434 (2). competitive basis. At the appropriate place, add the follow- ‘‘(1) RURAL DEVELOPMENT ACTIVITIES.—The ‘‘(iii) TERMS.—A grant under this para- ing: Secretary may use the funds in the Account graph shall have a term that does not exceed ‘‘Any program authorized to be adminis- for the following rural development activi- 5 years. tered by the Secretary of Agriculture on ties authorized in: ‘‘(iv) MATCHING FUNDS.—As a condition of January 1, 1995 shall be deemed authorized ‘‘(A) The Housing Act of 1949 for— receipts under this paragraph, the Secretary under the same terms and conditions until ‘‘(i) direct loans to low income borrowers shall require the funding of the grant with December 31, 1996, unless other terms and pursuant to section 502; equal matching funds from a non-Federal conditions are subsequently established by ‘‘(ii) loans for financial assistance for hous- source if the grant is— law.’’ ing for domestic farm laborers pursuant to ‘‘(I) for applied research that is commod- section 514; ity-specific; and AMENDMENT NO. 3435 ‘‘(iii) financial assistance for housing of ‘‘(II) not of national scope. Strike all after the first word and insert domestic farm labor pursuant to section 516; ‘‘(v) ADMINISTRATIVE COSTS.— the following: ‘‘(iv) grants and contracts for mutual and ‘‘(I) IN GENERAL.—The Secretary may use ‘‘Any other provision of this Act, any pro- self help housing pursuant to section not more than 4 percent of the funds made gram authorized to be administered by the 523(b)(1)(A); and available under this paragraph for adminis- Secretary of Agriculture on January, 1995, ‘‘(v) grants for Rural Housing Preservation trative costs incurred by the Secretary in modified by this Act, shall be deemed au- pursuant to section 533; carrying out this paragraph. thorized under the same terms and condi- ‘‘(B) The Food Security Act of 1985 for ‘‘(II) LIMITATION.—Funds made available tions as existed on January 1, 1995, until De- loans to intermediary borrowers under the under this paragraph shall not be used— cember 31, 1996, unless other terms and con- Rural Development Loan Fund; ‘‘(aa) for the construction of a new build- ditions are subsequently established by law.’’ ‘‘(C) Consolidated Farm and Rural Devel- ing or the acquisition, expansion, remodel- opment Act for— ing, or alteration of an existing building (in- AMENDMENT NO. 3436 cluding site grading and improvement and ‘‘(i) grants for Rural Business Enterprises At the appropriate place, add the follow- architect fees); or pursuant to section 310B(c) and (j); ing: ‘‘(bb) in excess of ten percent of the annual ‘‘(ii) direct loans, loan guarantees and ‘‘Any program authorized to be adminis- allocation for commodity-specific projects grants for water and waste water projects tered by the Secretary of Agriculture on not of the national scope. pursuant to section 306; and January 1, 1995 shall be deemed authorized ‘‘(d) LIMITATIONS.—No funds from the Fund ‘‘(iii) down payments assistance to farm- under the same terms and conditions until for Rural America may be used for an activ- ers, section 310E; December 31, 1997, unless other terms and ity specified in subsection (c) if the current ‘‘(D) grants for outreach to socially dis- conditions are subsequently established by level of appropriations for the activity is less advantaged farmers and ranchers pursuant law.’’ to section 2501 of the Food, Agriculture, Con- than 90 percent of the 1996 fiscal year appro- AMENDMENT NO. 3437 servation, and Trade Act of 1990 (7 U.S.C. priations for the activity adjusted for infla- Strike all after the first word and insert 2279); and tion.’’ ‘‘(E) grants pursuant to section 204(6) of the following. ‘‘Any other provision of this Act, any pro- the Agricultural Marketing Act of 1946. SIMON AMENDMENT NO. 3431 gram authorized to be administered by the ‘‘(2) RESEARCH.— (Ordered to lie on the table.) Secretary of Agriculture on January 1, 1995, ‘‘(A) IN GENERAL.—The Secretary may use the funds in the Account for research grants Mr. SIMON submitted an amendment modified by this Act, shall be deemed au- to increase the competitiveness and farm intended to be proposed by him to the thorized under the same terms and condi- profitability, protect and enhance natural bill (S. 1541), supra; as follows: tions as existed on January 1, 1995, until De- cember 31, 1997, unless other terms and con- resources, increase economic opportunities At the appropriate place insert the follow- ditions are subsequently established by law.’’ in farming and rural communities and ex- ing: pand locally owned value added processing ‘‘Of funds otherwise available to the Com- and marketing operations. modity Credit Corporation, not less than MCCONNELL AMENDMENT NO. 3438 ‘‘(B) ELIGIBLE GRANTEE.—The Secretary $120,000,000 shall be made available for basic (Ordered to lie on the table.) may make a grant under this paragraph to— and applied research designed to promote Mr. MCCONNELL submitted an ‘‘(i) a college or university; soybean production.’’ ‘‘(ii) a State agricultural experiment sta- amendment intended to be proposed by him to the amendment No. 3184 pro- tion; LEAHY AMENDMENT NO. 3432 ‘‘(iii) a State Cooperative Extension Serv- posed by Mr. LEAHY to the bill (S. 1541), ice; (Ordered to lie on the table.) supra, as follows: February 6, 1996 CONGRESSIONAL RECORD — SENATE S 995 At the appropriate place, insert the follow- The hearing will be held on Thurs- ADDITIONAL STATEMENTS ing: day, February 15, 1996, beginning at 2:30 SEC. . FLUID MILK PROMOTION PROGRAM EX- p.m. in the Arlington Resort Hotel, 239 TENSION. Central Avenue, Hot Springs, AR 71902. LEGISLATION TO BAN U.N. TAX Section 19990(a) of the Food, Agriculture, Testimony will be received on the land PROPOSAL Conservation, and Trade Act of 1990 (7 U.S.C. 6614(a)) is amended by striking ‘‘1996’’ and in- exchange of certain federally owned ∑ Mr. BURNS. Mr. President, I wish to serting ‘‘2002’’ lands and minerals interest, with pri- state my support for Senate bill 1519, vate lands owned by the Weyerhauser the Prohibition of United Nations Tax- GRAMS AMENDMENT NO. 3439 Co. ation Act of 1996. This bill was intro- Because of the limited time avail- duced by Senator DOLE, and referred to (Ordered to lie on the table.) the Senate Foreign Relations Commit- Mr. GRAMS submitted an amend- able, witnesses may testify by invita- tion only. Witnesses testifying at the tee. ment intended to be proposed by him This legislation bars the United to the amendment No. 3184 proposed by hearing are requested to bring 10 copies of their testimony with them on the States from making any voluntary or Mr. LEAHY to the bill (S. 1541), supra; assessed payments to the United Na- as follows: day of the hearing. In addition, please send or fax a copy in advance to the tions if Secretary-General Boutros Beginning on page 1–73, strike line 12 and Committee on Energy and Natural Re- Boutros-Ghali imposes any tax or fee all that follows through page 1–75, line 7. sources, U.S. Senate, Washington, DC on United States citizens or continues 20510. Fax 202–228–0539. to consider any such proposal. CONRAD AMENDMENT NO. 3440–3441 I find it outrageous that the United For further information, please con- (Ordered to lie on the table.) Nations could actually believe it has tact Mark Rey of the committee staff the sovereignty to raise and collect Mr. CONRAD submitted two amend- at 202–224–6170. ments intended to be proposed by him taxes on the people of this world to in- to amendment No. 3252 submitted by SUBCOMMITTEE ON INVESTIGATIONS crease its coffers. The idea of a tax on any international action, whether it be Mr. LUGAR to amendment No. 3184 pro- Mr. STEVENS. Mr. President, I a plane ticket, a letter mailed, or a posed by Mr. LEAHY to the bill S. 1541, would like to announce for the infor- supra; as follows: currency exchange, is simply beyond mation of the Senate and the public my belief. AMENDMENT NO. 3440 that the Permanent Subcommittee on This revenue would then be used by On page 4–45, strike lines 9 through 13 and Investigations of the Committee on unelected, world bureaucrats to do insert the following: Governmental Affairs, will hold hear- what they want under the umbrella of ‘‘The Secretary may not reschedule or ings regarding the Asset Forfeiture reamortize a loan for a borrower under this the United Nations. This organization Program—an investigation of the Bicy- has repeatedly attempted to increase title who has not requested consideration cle Club Casino. under section 331D(e) unless the borrower— its power even as the U.S. Congress ‘‘(1) after paying all family living and oper- This hearing will take place on Tues- tries to limit its scope and authority. ating expenses, excluding interest, can pay a day, February 27, 1996, in room 342 of There are many questions about the portion, as determined by the Secretary, of the Dirksen Senate Office Building. U.N.’s responsibilities and its ever- the interest due on the loan; and For further information, please contact growing role in international relations ‘‘(2) has disposed of all normal income se- Harold Damelin of the subcommittee ranging from peacekeeping missions to curity. staff at 224–3721. international conferences on every- AMENDMENT NO. 3441 thing from children’s rights to the en- f vironment. On page 4–29, strike lines 21 and 22 and in- sert the following: Recently, in my home State of Mon- (i) by striking ‘‘exceed 15 percent’’ and all AUTHORITY FOR COMMITTEES TO tana, a U.N. delegation visited Yellow- that follows through ‘‘Code’’ and inserting MEET stone National Park in order to pro- the following: ‘‘exceed— mote a buffer zone that would prohibit ‘‘(i) 25 percent of the median acreage of the SUBCOMMITTEE ON IMMIGRATION mineral development in the area. It is farms or ranches, as the case may be, in the bad enough that we have allowed the Mr. COCHRAN. Mr. President, I ask county in which the farm or ranch oper- United Nations to set our international unanimous consent that the Sub- ations of the applicant are located, as re- role, but now we are allowing it to ported in the most recent census of agri- committee on Immigration, of the come into our country and set national culture taken under section 142 of title 13, Committee on the Judiciary, be au- policy. I ask that the February 1, 1996 United States Code. thorized to meet during the session of Washington Times article entitled the Senate on Tuesday, February 6, ‘‘U.N. ‘intrusion’ stirs anger at Yellow- KOHL (AND OTHERS) AMENDMENT 1966, at 10 a.m., to hold a hearing on stone,’’ be printed in the RECORD. NO. 3442. the the use of SSI and other welfare There are many cases that exemplify programs by Immigration. Mr. WELLSTONE (for Mr. KOHL for the degree to which to the United Na- himself, Mr. FEINGOLD, Mr. WELLSTONE, The PRESIDING OFFICER. Without tions is full of waste and uncontrolled Mr. PRESSLER, Mr. LAUTENBERG. Mr. objection, it is so ordered. spending. I cosponsored an amendment GRAMS, Mr. HATCH) proposed an amend- SUBCOMMITTEE ON OVERSIGHT AND to the 1995 fiscal year State Depart- ment to amendment No. 3184 proposed INVESTIGATIONS ment authorization bill that would es- by Mr. LEAHY to the bill s. 1541, supra; tablish the position of inspector gen- as follows: Mr. COCHRAN. Mr. President, I ask eral within the United Nations to seri- Beginning on page 1–73, strike line 12 and unanimous consent that the Sub- ously address the rampant corruption all that follows through page 1–75, line 7. committee on Oversight and Investiga- and inefficiency throughout the U.N. f tions of the Committee on Energy and system and make it more accountable. Natural Resources be granted permis- While it is true that the United NOTICES OF HEARINGS sion to meet during the session of the States owes in excess of $1 billion in SUBCOMMITTEE ON FOREST AND PUBLIC LAND Senate on Tuesday, February 6, 1996, membership contributions, it is also MANAGEMENT for purposes of conducting a Sub- true that we provide a quarter to a Mr. CRAIG. Mr. President, I would committee hearing which is scheduled third of the U.N.’s budget. Compare like to announce for the information of to begin at 2 p.m. The purpose of this that to other countries who are still the Senate and the public the schedul- oversight hearing is to receive testi- assessed membership dues at the same ing of a field hearing in Hot Springs, mony to review trends in Federal land rate as they were when they were de- AR, before the Subcommittee on For- ownership by the Department of the In- veloping countries in the sixties. ests and Public Land Management on terior and the U.S. Forest Service. The last thing the United Nations S. 1025, exchange of lands, mineral, oil The PRESIDING OFFICER. Without should be given is the ability to raise and gas interests. objection, it is so ordered. revenue in order to increase its powers. S 996 CONGRESSIONAL RECORD — SENATE February 6, 1996 I am disgusted with the U.N.’s arro- from the United Nations to circumvent laws Chechen separatists, 42 hostages, and gance in believing it can increase its that Americans and Montanans have worked 26 Russian soldiers died during the 10- budget by taxing our citizens. This pro- hard for and lent their voices to,’’ said Sen. day crisis. posal should not be permitted to go Conrad Burns, Montana Republican. In October 1991, Dzhokhar Dudayev, a ‘‘We have an exhaustive procedure in the Moslem Chechen leader, was elected any further. books in Montana to decide where mines can S. 1519 concludes that the United Na- and cannot be cited. Why should we allow president of Chechnya and soon de- tions has no legal authority to tax the U.N. to pick and choose when these laws clared independence from Russia. This American citizens. It prohibits U.S. and rules will be allowed to work?’’ decision was met with immediate re- payments to the United Nations if it Rep. Barbara Cubin, Wyoming Republican, sistance from Moscow and President attempts to impose any of the taxation noted that Mr. Frampton is ultimately re- Yeltsin declared a state of emergency schemes. And finally, the bill cuts off sponsible for a ‘‘fair’’ review of the project, in the region. Over the past several funds for any U.N. organization which ‘‘yet he is the very person who requested the years, Russian military forces clashed United Nations interference within the bor- develop or advocate taxation schemes. repeatedly with Chechen nationalist ders of the United States.’’ forces loyal to Dudayev. After consid- Once again, I support this bill to bar ‘‘Does he want foreigners to determine our U.S. contributions to the United Na- environmental requirements?’’ she asked. erable bloodshed on both sides, a uni- tions if that organization continues to ‘‘Doesn’t he know that the United States has lateral cease-fire was declared in April consider its scheme for taxation with- the strictest environmental regulations on 1995. Unfortunately, it did not last and out representation. the planet?’’ fighting soon resumed. The article follows: Marvin Jensen, Yellowstone National Park On January 6, 1996, the fighting in assistant superintendent, stressed that the [From the Washington Times, Feb. 1, 1996] Chechnya again reached the world international delegation has ‘‘no legal au- stage. Chechen separatists attacked a U.N. ‘INTRUSION’ STIRS ANGER AT YELLOW- thority’’ to set domestic policy. ‘‘The only STONE—ENVIRONMENTAL ALARM SEEN AS Russian airfield in Chechnya and de- thing the World Heritage Committee can do stroyed two helicopter gunships. The MEDDLING is list and de-list,’’ he said. (By Valerie Richardson) ‘‘To be listed as ‘in danger’ raises ques- rebels, under the command of Salam DENVER.—A United Nations delegation to tions about the site’s continued listing,’’ he Raduyev, the son-in-law of Dudayev, Yellowstone National Park has spurred out- explained. ‘‘To be de-listed would be embar- withdrew from the airfield and pro- rage among Westerners who accuse the inter- rassing to any country.’’ ceeded to take more than 2,000 inno- national body of meddling in domestic pol- But some critics worry that the committee cent men, women, and children hostage icy. may have more power than forest officials in a hospital in the town of Kizlyar in After a three-day evaluation by inter- acknowledge. By signing the World Heritage the neighboring region of Dagestan. national experts, the World Heritage Com- Treaty in 1972 and requesting Yellowstone’s After negotiating with the Russians, mittee, a bureau of the United Nations Envi- designation as a World Heritage site in 1978, Raduyev released the majority of the ronmental, scientific and Cultural Organiza- the United States pledged to manage the hostages in return for safe passage to tion, declared Yellowstone a World Heritage park according to treaty requirements, says site ‘‘in danger.’’ the committee. Chechnya. The rebels and 120 hostages Chief among the delegation’s concerns was The most controversial of those require- boarded buses bound for Chechnya, but the proposed reopening of the New World ments is the establishment of a buffer zone the convoy was stopped a short dis- Mine, a gold mine located near Yellowstone around each World Heritage site. When Yel- tance from Chechnya by Russian forces in Montana. But debate about the mine has lowstone was listed, officials agreed that the near the town of Pervomayskoye. Ne- been all but overshadowed by the uproar seven national forests surrounding the park gotiations to end the stalemate failed, over the delegation itself. would serve as an adequate protection. None and the rebels dug in for a siege. Rath- In areas of the West where the states’- of the other 17 listed U.S. sites has a formal er than continue to work toward a rights movement is flourishing and distrust buffer zone. of centralized government is at an all-time Past proposals for a buffer zone called for peaceful solution to the crisis, the Rus- high, the arrival of a U.N. committee has establishing an 18.2-million-acre perimeter sian military opened fire on the rebel been viewed as nothing less than an attempt around the park in which many economic positions in the town with tanks, how- to subvert U.S. sovereignty. and recreational activities would be re- itzers, rockets, and small arms fire. ‘‘Will the New World Order sabotage the stricted, including ranching, logging, Pervomayskoye is now totally de- New World Mine?’’ the Montana Standard snowmobiling, even auto traffic. Most locals stroyed. newspaper in Butte asked in an Aug. 27 edi- staunchly oppose such a zone. I do not condone the terrorist acts torial. ‘‘Clinton administration officials ap- During the delegation’s three-day tour in employed by the Chechen rebels and pear to be scheming to bring that about.’’ September, however, committee President abhor their use of civilians as shields. Sen. Alan K. Simpson, Wyoming Repub- Adul Wichiencharoen of Thailand fed local lican, called the international delegation’s fears when he suggested expanding the buffer Terrorism is never a legitimate nego- role ‘‘a terrible intrusion.’’ He and other zone around the 2.3-million-acre park. That tiating ploy, and I hope that those who Western lawmakers have blasted Interior As- recommendation was ultimately dropped are responsible for these acts are sistant Secretary George Frampton for invit- from the final report. brought to justice. ing the committee to Yellowstone and urg- Those remarks notwithstanding, park offi- I am, however, outraged about the ing the panel to lend its voice to those fight- cials still insist the committee’s role is use of excessive force by the Russian ing the New World Mine. strictly advisory, and, barring another invi- military against the rebels and the re- Mr. Frampton issued the invitation at the tation from the Interior Department, over maining hostages as well as the restric- request of ‘‘concerned citizens,’’ said park and done with. spokeswoman Cheryl Matthews. Those citi- tions imposed on humanitarian groups Mr. Jensen admitted it’s been difficult to who attempted to assist the wounded zens include a coalition of 14 environmental convince some local residents of that. ‘‘One groups working to halt the mine, including local fellow—a gardener—asked me, ‘So in Pervomayskoye. Humanitarian the Greater Yellowstone Coalition, the Si- when’s the U.N. coming to take over Yellow- groups such as Doctors Without Board- erra Club and the World Wildlife Fund. stone?’ ’’ said Mr. Jensen. ‘‘I talked to him ers and the International Red Cross ‘‘When we made the request a year ago, we and talked to him and I could not convince were not allowed to enter the town to didn’t anticipate the black-helicopter argu- him that that wasn’t going to happen.’’∑ aid injured civilians. At the same time, ments,’’ said Bob Ekey, spokesman for the f Russian soldiers were helicoptered out Greater Yellowstone Coalition in Bozeman, of the area to the nearest field hos- Mont. ‘‘Frankly, some of our critics have CHECHNYA been putting out misinformation—that the pitals. U.N. is going to come out, claim the area and ∑ Mr. LEAHY. Mr. President, the The exact number of casualties re- run the park.’’ bloody events that took place in the re- mains in doubt because members of the Other Western leaders have accused Mr. gions of Chechnya and Dagestan in re- Western press were not allowed near Frampton of badly overstepping his author- cent months have alarmed us all. Ter- Pervomayskoye and the casualty re- ity by trying to kill the proposed mine be- rorist acts by Chechen separatist rebels ports from both sides are not reliable. fore the review process is complete. The U.S. were answered with brutal shelling of The New York Times reported as late Forest Service and Montana Department of rebel, hostage, and civilian positions as January 21 that Russian soldiers Environmental Quality are now preparing an environmental-impact statement on the by Russian troops. Although it is un- confiscated film from Western photog- project. clear how many people were killed dur- raphers that were attempting to photo- ‘‘It is astonishing that a group of extreme ing the fighting, Russian President graph the smoldering ruins of the environmentalists can invite a few folks Boris Yeltsin estimates that 153 town. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 997 In response to the Russian shelling of Washington, DC to testify before Con- Simmons of College Park, MD; two Pervomayskoye, Turkish nationalists gress. Jeri recently helped me lead the daughters, Patricia S. Bradshaw of Sil- sympathetic to the Chechen cause fight against a bill in the Senate that ver Spring, MD, and Peggy E. Wagner highjacked a Russia-bound ferry in the would undermine investors’ rights in of Crownsville, MD; two sons, Wayne S. Black Sea. The highjackers threatened cases of fraudulent investment and Michael L. Simmons, both of to kill the more than 200 passengers schemes. Unfortunately, the legislation Bowie, MD; and eight grandchildren. and blow up the ferry in the Straits of passed. Mr. President, Wayne Simmons’s life Bosporus if the Chechens were not al- Before her retirement, Jeri was a reg- was one of service and devotion—exem- lowed to go free. After 3 days at sea, istered nurse and also served in hos- plary service to the U.S. Navy and this Turkish negotiators convinced the pital administration. She was ex- great Nation of ours and unwavering highjackers that they had gained the tremely active in her field and was a devotion and love for his wife, his fam- world’s attention and nothing would be member of many health organizations. ily, and his church. He will be sorely achieved by carrying out their threats. I am certain she was as successful and missed by all who knew and loved The highjackers then released their dedicated to her career as she was to him.∑ hostages and surrendered to Turkish her later endeavors. f authorities. Jeri will be remembered and missed SMILE WHEN YOU COMPARE US I applaud the Turkish Government by her many family and friends who for patiently working to find a peaceful loved her. She will also never be forgot- ∑ Mr. HELMS. Mr. President, I suggest solution to this crisis. ten by the thousands of individuals she all Senators will be greatly interested The United States Government is stood up for in a most difficult time. I in an article by Robert H. Pines, committed to promoting democracy in am pleased to recognize Jeri Mellon for ‘‘Smile when you compare our coun- tries,’’ which appeared in the Toronto the New Independent States of the her life of service.∑ former Soviet Union and is investing Globe and Mail several weeks ago. f While the United States and Canada millions of taxpayer dollars to help the TRIBUTE TO WAYNE A. SIMMONS share many common interests, includ- NIS on the path toward democracy. I ing the longest undefended border in strongly support this goal. But, the ∑ Mr. INOUYE. Mr. President, I rise the world, they also differ in many Russian military campaign against the today to offer a tribute to a real Amer- ican hero and a dedicated public serv- ways. Bob Pines, who served with dis- Chechens, especially during the past tinction as Deputy Assistant Secretary month, demonstrates to the world that ant who recently passed away. Gunner’s mate first class Wayne A. of State for Canadian Affairs in the Russia’s transition to democracy and Bush administration, eloquently iden- human rights remains fragile and un- Simmons, U.S. Navy retired, died on December 14 at the age of 72 at a hos- tifies some of the differences between predictable, and that Russian national- the United States and our neighbor to ism is on the rise. pital in Birmingham, AL, where he was undergoing treatment for a vascular the North. The war in Chechnya is far from over Mr. President, I ask that the text of ailment. and a solution is not likely to be found this article be printed in the RECORD. in the near future unless both sides are Mr. Simmons, who lived in College Park, MD, was born in Minnesota and [From the Toronto Globe and Mail, Nov. 30, willing to abide by a cease-fire and ne- 1995] moved to the Washington, DC area as a gotiate in good faith. President Yeltsin SMILE WHEN YOU COMPARE OUR COUNTRIES child. In 1940, he dropped out of McKin- should not view the defeat of (By Robert H. Pines) ley High School in DC to enlist in the Raduyev’s small force as a victory. All Perhaps the holiday season is a good time sides lost.∑ Canadian Army to serve in World War to dissect a cliche´. f II. When it was discovered that he was Earlier this month I attended my fourth underage, he was sent home. On his biennial conference of the Association for TRIBUTE TO JERI MELLON 17th birthday, with the permission of Canadian Studies in the United States ∑ Mr. BRYAN. Mr. President, I rise his parents, Wayne Simmons enlisted (ACSUS). About 40 percent of those in at- today to pay tribute to Geraldine M. in the U.S. Navy. tendance were Canadians. Almost all the rest ‘‘Jeri’’ Mellon, who passed away on Mr. Simmons was stationed at Pearl were Americans who make their living teaching about Canada. There were a few January 7, 1996 in Henderson, NV. Harbor when the Japanese force at- others like myself who have had a long love Jeri’s courage and determination tacked the base and ushered the United affair with your country in non-academic helped to convict Charles Keating, the States into World War II. He served in pursuits. former owner of Lincoln Savings and the Pacific during the war, including The Canadian contingent frequently Loan, who was responsible for the Na- service aboard the light cruiser, Reno, launched into the familiar self-congratula- tion’s worst savings and loan swindle and was recognized for his efforts in tory litany of differences between the two in history. The innocent victims of the saving the ship from sinking after an countries. Heads wagged in reflexive agree- ment at mention of superior Canadian civil- savings and loan collapse were mostly enemy torpedo attack. Following the ity (undoubtedly true), the famed United Na- elderly bondholders who lost their life war, Mr. Simmons served on several tions report about Canada being the world’s savings. more ships and stations until he was best place to live (conceivably true if real Jeri testified about the fraud before medically retired from active duty as a meaning can be assigned to sociological sta- Los Angeles County Court in 1991, gunner’s mate first class in 1953. tistics), and on and on through invidious where she represented 23,000 bond- Following his Naval career, Mr. Sim- comparisons of descending degrees of valid- ´ holders. She moved the courtroom to mons settled back in the Washington, ity. Raymond Chretien, Canada’s ambas- sador to the U.S., orated that ‘‘we have a low applause with her emotional speech DC area, and earned both a bachelor of crime rate and you have a high crime rate.’’ about the swindle. In 1993, Jeri also science and master’s degree in account- As noted, the American contingent num- testified against Keating in Federal ing from Benjamin Franklin University bered few of the Pat Buchanan stripe. One court, helping to secure his conviction. while working for Gateway Finance in intrepid soul at a symposium was rewarded Jeri’s efforts to assist the victims of Mount Rainier. He joined the Depart- with icy stares when he diffidently mumbled the S&L scandal went far beyond testi- ment of Agriculture in 1968, where he something about southward emigration dwarfing that from the U.S. to Canada. fying in court. She helped organize and was a food program specialist until his Another politically incorrect type daringly lead Lincoln-American Continental retirement in 1982. asked a question approximately along these Corp. Bondholders Action Committee, Mr. Simmons attended Berwyn Bap- lines: If your country is so great and ours so a support group for the victims. tist Church in College Park, MD, for 40 awful, how come you are on the verge of Through the group, a lawsuit was filed years and served as a deacon in his breaking up and we are not? (Actually, being against Keating and others that re- church. He was a member of the Amer- an academic, he put it more politely.) sulted in the bondholders’ recovery of ican Legion Post No. 33 in Washington, Therein lies the point of this essay. I sub- mit to Canadian readers that the American approximately 60 percent of the money DC and the Birmingham Masonic political system (not necessarily American they had lost. Lodge in Beltsville, MD. people or American society) holds one enor- I had the opportunity to meet this Mr. Simmons’s family includes his mous advantage over that of Canada; that of dedicated woman when she came to lovely wife of 46 years, Patricia W. decisiveness. S 998 CONGRESSIONAL RECORD — SENATE February 6, 1996 There is no ‘‘notwithstanding clause’’ in After retirement, Joanna plans to life. His parents determined early on that if the U.S. Constitution. When the U.S. Su- spend more time with her family and Roger was to have any kind of life, he had to preme Court renders one of its frequent 5–4 volunteer as an instructor to the blind. learn to take care of himself. Roger suffers every day, now somewhat decisions, the minority has been known to An accomplished cook, she also plans grumble; however, stare decisis, the decision less than in past years due to a new treat- stands, and by and large the country just to teach homemaking as well as Braille ment, but the disease is chronic and will be goes on to the next problem. skills to blind students. with him all his life unless a cure is discov- Several Canadian speakers patted them- Mr. President, I would ask my col- ered. He carries on with courage and deter- selves on the back in reference to the san- leagues to join me in paying tribute to mination, motivated by the love and support guinary American Civil War. To be sure, an outstanding Kentuckian and dear of his family. He is disabled in his physical more than 400,000 people died before their friend, Joanna Creech. I wish her well body but his mind is alert and he is out there time, and the result nowhere nearly approxi- in all her future endeavors. ∑ working and making a contribution to his mated the end of history. family and to society. Many people suffering However the Civil War was as decisive as f disabilities far less acute than Roger’s fall history gets: The abomination of human into despair and become burdens on society, slavery ended. When I visit my grandchildren ROGER ARPAN but not this man. in Florida I do not go to a foreign country. ∑ Mr. BURNS. Mr. President, it is not Mr. President, I join with Wilson Well-intentioned monstrosities such as the often these days that we hear good Gay, this man from Alaska, in saluting Charlottetown accord are virtually unknown news. It is not often that we hear about Roger Arpan. Though I would like to south of the border. One of my Manitoba po- people who some consider heroes. And litical friends characterized it as ‘‘everybody believe Roger is a typical Montanan, I shouting ‘gimmie gimmie’ ’’ until nothing when we do hear about heroes, they are know that he stands out. His strength, was left for the country. usually sports figures who make mil- his courage, his determination, his The ability to respond to special-interest lions or actors who have access to strong character, and yes, even his suc- groups with a brusque no is not in the long media attention. cess, make Roger a hero. Keep up the run destructive of a country’s civility and But I recently heard about a Mon- good work, Roger. I tip my hat to you. livability. When grievances are genuine, ex- tanan that is neither an athlete, an f perience shows that the best compromise de- actor, or any national figure. He has rives not from liberal guilt but from self-re- not saved lives or discovered a new INTRALATA TOLL DIALING spect, with a fair offer of ‘‘thus far and no PARITY further.’’ drug. In fact, I would venture to bet A 19th-century American humorist told that most people inside this beltway ∑ Mr. BREAUX. Mr. President, when the story of the fellow who was so kind he have never heard of him. And yet, he is the Senate debated S. 652, Senator amputated his dog’s tail by inches. A cruel a hero just the same. LEAHY from Vermont and I proposed an inability to solve problems is the obverse of His name is Roger Arpan, he is 39 important provision concerning the ob- mindless kind intent. years old and he lives in Alzada, MT. ligation of the Bell Operating Compa- The usual disclaimer: This somewhat harsh And recently he made such an impact nies to provide dialing parity for analysis does not presume to offer advice to on the life of a man in Alaska, that I intraLATA toll calls. That provision, sovereign Canadians. The only point is that which was accepted by the Senate, bal- perhaps there is something to be said for the received a letter commending him. anced the needs of competitors to have United States.∑ I would like to read a portion of this access to 1+dialing capabilities for f letter, because it spells out so clearly why Roger is worthy of our attention: intraLATA toll calls and the Bell Com- TRIBUTE TO JOANNA CREECH I met Roger by accident when my nephew panies’ need to have the opportunity to compete fairly for all long distance ∑ Mr. MCCONNELL. Mr. President, I and I were in the area in mid-October for an traffic. rise today to pay tribute to a dear antelope hunt. We were on Highway 212 just north of Alzada when we spotted a nice herd As Senator LEAHY has already indi- friend whose service to Kentucky has of animals well off the road in a very large cated, the conferees adopted that re- been truly amazing. Joanna Creech, pasture. We knew it was private property quirement. The Bell Operating Compa- who was hired during my tenure as Jef- and went to find the owner to ask permission nies’ obligations for providing dialing ferson County judge/executive 18 years to hunt. parity for intraLATA toll calls are con- ago, retired December 31 as a tran- After a bit of searching, we found a road tained in section 271(e)(2). It is impor- scriber for Jefferson Fiscal Court. that led to the ranch house. A man promptly tant to recognize that the provisions in Joanna’s service to the fiscal court came out of the house; his arms flaying in section 251(c)(3) do not impose any ad- has been extraordinary. Although Jo- the air, his head was bobbing around and he was walking with an irregular gait. Soon he ditional obligation to provide anna has been blind since the age of 15, addressed us in a halting fashion. We asked intraLATA toll dialing parity on the she recorded nearly 500 sessions of if we could get permission to hunt, and he Bell Operating Companies. Section court as her companion dog Fitz rested said, ‘‘Yes, but watch out for livestock, and 251(c)(3) applies to BOCs only after faithfully by her side. if you are not successful, come back and I’ll they have been authorized to provide Born in Leslie County, Joanna was help you get some.’’ He also said he would be interLATA authority in a State.∑ educated at the Kentucky School for working in a distant back field collecting f the Blind, where she met her first hus- rolls of hay and stacking them in the field. band. Married twice and widowed We returned to the pasture and after lay- AGRICULTURAL MARKET ing some careful stalking strategy, we col- twice, Joanna has three wonderful chil- TRANSITION ACT OF 1996 lected a fine buck antelope with 151⁄2 inch dren. For years, she operated a musical horns. As a matter of courtesy, we returned The Senate continued with the con- instrument store in Louisville with her to the ranch house to let the owners know of sideration of the bill. first husband, Robert Johnson. After he our success. This time Roger was out in the Mr. DOLE. Madam President, as I un- passed away in 1977, Joanna was hired big hay field, but he drove across to meet us derstand it, there will be an amend- at the Jefferson Fiscal Court under a at the gate. There he was operating a large ment offered tonight by the Senators farm truck and trailer hauling hay and driv- Federal job program. from Minnesota, Senator WELLSTONE Known as a diligent and friendly per- ing a tractor with a stacker, putting up the hay for winter feed all by himself. His body and Senator Grams, with reference to fectionist, Joanna has lamented in re- motions may have seemed erratic to me, but the dairy compact provision—that will cent years that fiscal court meetings Roger was in complete control of himself and be the first amendment debated tomor- have grown ‘‘mundane.’’ In a recent ar- the equipment. I have farmed nearly all my row—and then at approximately, what, ticle in the Louisville Courier-Journal, life and understand the requirement for dex- 11 o’clock we have a series of votes to she said, ‘‘It was so much more fun terity and alertness when operating heavy see where we are in the process. where they were at each other’s farm machinery. I could not restrain myself Mr. DASCHLE. Was it the leader’s in- throats.’’ and had to express my admiration for Roger tention to come in at 7:30 in the morn- In that article, the fiscal court clerk, for his courage and determination in carry- ing out these farming activities despite obvi- ing? Mary Bolton, said of Joanna, ‘‘She sees ous and severe physical limitations. Mr. DOLE. Yes, 7:30 in the morning. more with her ears than most people It was then that I learned that Roger We are looking for a presider. see with their eyes. Her perceptions are Arpan was born with cerebral palsy and has Mr. DASCHLE. Just stay here a cou- always on target.’’ suffered the ravages of this disease all his ple hours. February 6, 1996 CONGRESSIONAL RECORD — SENATE S 999

Mr. DOLE. We think maybe those we Mr. DOLE. Madam President, if I behalf of Senator KOHL, Senator accommodate later in the day might be could just add to that, in other words, FEINGOLD, myself, Senator PRESSLER, available in the morning. we need another amendment ready at 8 Senator LAUTENBERG, Senator GRAMS, Mr. DASCHLE. That is a good idea. o’clock. We need one at 8:30, and we and Senator HATCH. Mr. LEAHY. I do have an interest in need one at 9. They may not take 30 The PRESIDING OFFICER. The the amendment being laid down. There minutes. We need people available be- clerk will read the amendment. will be no debate on that tonight? cause we are trying to accommodate The legislative clerk read as follows: Mr. DOLE. Right. some of our colleagues in the after- The Senator from Minnesota [Mr. Mr. DASCHLE. Madam President, noon. WELLSTONE] for Mr. KOHL, for himself, Mr. does the Senator object to Senator So we will need to be accommodating FEINGOLD, Mr. WELLSTONE, Mr. PRESSLER, WELLSTONE discussing the amendment? to the managers, Senator LUGAR and Mr. LAUTENBERG, Mr. GRAMS, and Mr. HATCH, It does not have to be—— Senator LEAHY, throughout the morn- proposes an amendment numbered 3442 to Mr. LEAHY. I understand. ing. So, hopefully, the staff, before we amendment No. 3184. Madam President, I told the distin- leave tonight, will have at least two or Mr. WELLSTONE. Madam President, guished leader that my only concern is three lined up so there will not be any I ask unanimous consent that further that this is an area where the distin- problem. reading of the amendment be dispensed guished Senator from Vermont, Mr. f with. JEFFORDS, and I both want to speak in The PRESIDING OFFICER. Without opposition. Because we are currently ORDERS FOR WEDNESDAY, FEBRUARY 7, 1996 objection, it is so ordered. both in negotiations on something else, The amendment is as follows: Mr. DOLE. Madam President, I ask we would not be required to make any Beginning on page 1–73, strike line 12 and statement on it tonight, but we would unanimous consent that when the Sen- all that follows through page 1–75, line 7. have our time tomorrow. That is all. ate completes its business today it Mr. DOLE. Madam President, is the Mr. WELLSTONE addressed the stand in adjournment until 7:30 a.m., Senator from Minnesota going to ask Chair. Wednesday, February 7; further, that The PRESIDING OFFICER. The Sen- immediately following the prayer, the for the yeas and nays now? ator from Minnesota. Journal of proceedings be deemed ap- Mr. WELLSTONE. Madam President, Mr. WELLSTONE. Madam President, proved to date, no resolutions come I ask for the yeas and nays. if the Senator would yield, to facilitate over under the rule, the call of the cal- The PRESIDING OFFICER. Is there a moving this along, I intend only to endar be dispensed with, the morning sufficient second? send this amendment to the desk. hour be deemed to have expired, and There appears to be a sufficient sec- Mr. DASCHLE. Madam President, if the time for the two leaders be re- ond. the Senator would just yield for a mo- served for their use later in the day, The yeas and nays were ordered. ment, let me just say with regard to and the Senate then immediately re- this agreement, while the agreement sume consideration of S. 1541, the farm f calls for 15 amendments, that does not bill. preclude Senators from working out The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 7:30 A.M. amendments that may be accepted by objection, it is so ordered. TOMORROW the managers. f Mr. DOLE. Madam President, if there I hope that Senator LUGAR, in his PROGRAM normal fashion, who is very accommo- be no further business to come before dating and able to work with both sides Mr. DOLE. Madam President, for the the Senate, I now ask unanimous con- of the aisle very well, can do that on a information of all Senators, the Senate sent that the Senate stand in adjourn- number of these issues. It was with will resume consideration of the farm ment under the previous order. that understanding that we have this bill tomorrow morning. Under the pre- There being no objection, the Senate, agreement. There could be a number of vious unanimous consent agreement, at 10:29 p.m., adjourned until Wednes- these issues that will not require a de- amendments will be offered throughout day, February 7, 1996, at 7:30 a.m. bate or a vote. the day on Wednesday. Therefore, all I hope throughout the day we could Members can expect rollcall votes f do that. But it is very important for throughout tomorrow’s session in order Senators, at least on this side of the to complete action on the farm bill by NOMINATIONS aisle, to come down to the floor in the 4:45 p.m. I would be happy to yield the floor. Executive nominations received by early hours tomorrow morning so we Mr. WELLSTONE addressed the the Senate February 6, 1996: can decide which ones can be accepted Chair. and which ones are going to need to be NATIONAL FOUNDATION ON THE ARTS AND THE The PRESIDING OFFICER. The Sen- HUMANITIES scheduled for votes. So there is no ex- ator from Minnesota is recognized. TERRY EVANS, OF KANSAS, TO BE A MEMBER OF THE cuse if people have not come down by f NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING midmorning. SEPTEMBER 3, 2000, VICE WENDY W. LUERS, TERM EX- I hope that everybody can be here. AGRICULTURAL MARKET PIRED. We will be here, ready to go. I hope TRANSITION ACT OF 1996 DEPARTMENT OF DEFENSE that everyone understands we are The Senate continued with the con- FRANKLIN D. KRAMER, OF THE DISTRICT OF COLUM- BIA, TO BE AN ASSISTANT SECRETARY OF DEFENSE, working under some constraints here, sideration of the bill. VICE JOSEPH NYE. so the sooner they get here the better. AMENDMENT NO. 3442 TO AMENDMENT NO. 3184 OCCUPATIONAL SAFETY AND HEALTH REVIEW And the more we can accommodate our (Purpose: To eliminate the provision grant- COMMISSION managers in coming up with ways with ing consent to the Northeast Interstate DANIEL GUTTMAN, OF THE DISTRICT OF COLUMBIA, TO which to offer these amendments that Dairy Compact) BE A MEMBER OF THE OCCUPATIONAL SAFETY AND will allow them to accept them, we HEALTH REVIEW COMMISSION FOR A TERM EXPIRING Mr. WELLSTONE. Madam President, APRIL 27, 2001, VICE EDWIN G. FOULKE, JR., TERM EX- ought to do so. I send an amendment to the desk on PIRED. February 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 183 EXTENSIONS OF REMARKS

TRIBUTE TO LINDY WINSTON Lindy, on behalf of the hard working and he currently serves as the vice president, rela- compassionate people of this country I ap- tionships/marketing and on the executive HON. MARTIN R. HOKE plaud you. Your love for the people in your board of the national office. OF OHIO community and the quality of service that you The list of organizations on whose boards IN THE HOUSE OF REPRESENTATIVES provided the residents of West Park, OH, can he voluntarily serves is as extensive as it is Tuesday, February 6, 1996 serve as an example to all of us of the good impressive: New American Schools Develop- one man can do. ment Corporation, TransAfrica Forum; the Mr. HOKE. Mr. Speaker, I rise today to f Glass Ceiling Commission; American Museum commend a man from my district who personi- of Natural History and Planetarium, and is fies the American work ethic and the American TRIBUTE TO EARL GRAVES, PUB- chairman of the Black Business Council. Earl spirit. Lindy Winston just retired after 41 years LISHER, BUSINESSMAN, AND also serves on the board of selectors of the as a postal carrier. The outpouring of affection MORGAN STATE ALUMNI American Institute for Public Service, the ex- for this man from those who know him is truly ecutive committee of the Council on Competi- inspirational and is a testament to his lifetime HON. KWEISI MFUME tiveness, the advisory council of the Character of community service. OF MARYLAND Education Partnership, and the board of direc- The son of a coal miner in Boomer, WV, IN THE HOUSE OF REPRESENTATIVES Lindy Winston learned early that life would not tors of the Associates of Harvard University's Tuesday, February 6, 1996 be easy. After losing his father to black lung Graduate School of Business Administration. and then losing his job when the coal mine Mr. MFUME. Mr. Speaker, I rise today in Despite all of these honors and responsibil- closed, Lindy moved to Cleveland to look for tribute to Earl Graves, a nationally recognized ities, Earl does not rest on his laurels. He con- a new job. ``I came to Cleveland on a wing authority on African-American business devel- tinues to remain an active participant in all of and a prayer,'' he said. His prayers were soon opment and an alumnus of my alma mater, his endeavorsÐa perusal of his monthly es- answered. Morgan State University in Baltimore, MD. says on the Publisher's Page of Black Enter- Once in Cleveland, Lindy took a job at On August 9, 1995, Morgan State University prise magazine often leads the reader to con- Thompson ProductsÐnow TRW, and in De- president Dr. Earl Richardson announced that sider such important issues as affirmative ac- cember 1954 he strapped an Uncle Sam mail- the Morgan State School of Business and tion and the fate of our national economy. bag onto his back and began his new career. Management would be renamed the Earl G. While this may be but a brief overview of ``On my first day as a mail man there was a Graves School of Business and Management. the many accomplishments and contributions cold rain,'' he said, ``my clothes were frozen This high honor was due in part to Earl's en- of Earl Graves to our Nation, it is clear that he stiff.'' trepreneurial vision which has guided Black is a remarkable man. The fact that he is will- So 41 years and 50,000 miles later he Enterprise magazine through 25 years of pub- ingÐindeed, eagerÐto share his gifts makes walked his last route. At his last deliveryÐand lishing and in part to his strong commitment to him all the more extraordinary. We as a nation this was a day when the temperature was higher education. are certainly lucky to have citizens like Earl below zero, Mr. SpeakerÐhe was met by a As the publisher of Black Enterprise maga- Graves among us, and it is an honor to be group of friends, family, children, and officials zine, Earl has been one of the Nation's lead- able to salute him. who held a rally in his honor. You see, Mr. ing advocates for upscale black professionals, f executives, entrepreneurs, and policy makers Speaker, Lindy Winston was not your ordinary TAYLOR MIDDLE SCHOOL—A mailman. He was a mailman who delivered in the private and public sector. Earl has also applied much of what is discussed in his mag- MODEL OF EXCELLENCE IN EDU- more than the mail every time he walked up CATION your drive. azine to his professional life: he is the chair- Looking back Winston states, ``I never want- man and CEO of Pepsi-Cola of Washington, ed to be just a mailman. It's more than just DC, the largest minority-controlled Pepsi-Cola HON. TOM LANTOS putting letters in a box. I wanted to be an am- franchise in the United States. The company OF CALIFORNIA bassador. I've seen kids grow up, go to col- covers a franchise territory of more than 400 IN THE HOUSE OF REPRESENTATIVES lege. I've gone to their funerals. I've been their square miles including Washington, DC and Tuesday, February 6, 1996 psychologist, their doctor, their lawyer.'' Prince Georges County, MD. Earl is also a One individual had told me that Winston, General Partner of Egoli Beverages, the Mr. LANTOS. Mr. Speaker, the U.S. Depart- who was also a pastor in his church, ``was a Pepsi-Cola franchise bottler of South Africa. ment of Education has recognized Taylor Mid- preacher and we became his congregation.'' Earl has been very active in supporting his- dle School in Millbrae, CA, as a ``Blue Ribbon Here's what some of the other members of his torically black colleges and universities, with School.'' As a Blue Ribbon School, Taylor congregation had to say about him: ``He's like the recent contribution of $1 million to our mu- Middle School serves as a shining example of one of the family.'' ``He walks on water.'' ``I tual alma mater, Morgan State University. high-quality education for the rest of the coun- hug him every time I see him, he wears Old President Clinton praised Earl's contribution as try. The school is one of only 266 throughout Spice.'' ``an investment that will pay great dividends our entire Nation and one of only 39 in Califor- Lindy can look forward to enjoying his retire- for the next generation and beyond, and I nia to be selected for this high honor. ment with his wife Carolyn, his childhood hope one that will encourage others to follow I invite my colleagues to join me in extend- sweetheart who he met at age 12, and his Earls lead and do their part to help expand ing our most sincere admiration and congratu- family. But, there are those who find it hard to opportunities in business and education for Af- lations for the wonderful educational environ- let Lindy go, especially the children on his rican-Americans.'' ment that Taylor Middle School provides for route who will sadly miss their friend with the In addition to his tremendous successes in our young Americans. I am indeed proud to mailbag who fixed their bikes, untangled kites, business, Earl Graves has also been inti- have this outstanding institution in my con- played catch, and brought them presents. mately involved in trying to improve the lives gressional district. Mr. Speaker, at a time when our news- of all Americans. He served as an administra- Taylor Middle School has achieved this high papers are filled with stories about scandal tive assistant to Senator Robert F. Kennedy honor through its persistent and highly effec- and crime, and when role models for our from 1965 to 1968: following Senator Ken- tive pursuit of local, State and national edu- young people are harder to find, I think it is nedy's assassination Earl formed his own cation goals. These goals reflect the areas in important to take time out here in the Con- management consulting firm to advise cor- which our educational institutions across the gress to recognize those in our community porations of urban affairs and economic devel- country are most in need of improvement. who are true role models and who represent opment. Taylor Middle School's remarkable success in what is best about our country. Lindy Winston Earl Graves has also been a long and ac- overcoming some of the most difficult prob- is just such a person. tive advocate of the Boy Scouts of America; lems our schools face today makes it a perfect

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 184 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 1996 example for schools around the country to fol- ``I Can'' Choir should be commended, not only REPORTS OF COMMITTEE lows. for sharing their talent with the United States, Taylor Middle School has been highly suc- but also for educating us about their country. SPEECH OF cessful in fulfilling the necessary conditions of HON. BILL PAXON f effective schooling. Through the dynamic and OF NEW YORK productive leadership of Principal Sharon Fritz, IN THE HOUSE OF REPRESENTATIVES Taylor Middle School has developed a nurtur- IN HONOR OF HARVEY HALL ing teaching environment, a rigorous and en- Thursday, February 1, 1996 gaging curriculum, a safe environment for stu- Mr. PAXON. Mr. Speaker, I want to address dents and teachers, and a healthy involvement HON. WILLIAM M. THOMAS section 702 of the conference report that adds of parents and the community in strengthening OF CALIFORNIA a new section 222(e) to the Communications educational resources. Students from Taylor IN THE HOUSE OF REPRESENTATIVES Act which would require that subscriber list in- convincingly demonstrate the many benefits of formation be provided to independent tele- a good schooling environment through impres- Tuesday, February 6, 1996 phone directory publishers on nondiscrim- sive student performances on measures of Mr. THOMAS. Mr. Speaker, today I would inatory and reasonable rates, terms, and con- achievement, attendance rates, and the varied like to honor an outstanding individual, Harvey ditions. This is a simple requirement to protect and ambitious pursuits of graduates of the Hall, who is celebrating over 25 years of pro- an area of telecommunications where there school. viding ambulance service to the people of has been competition for more than a decade, Taylor Middle School is more than deserv- Kern County. Harvey accepted his first job as but where service providers have used pricing ing of the recognition it has and will continue an ambulance driver in 1960 because he and other terms to try to limit that competition. to receive as a Blue Ribbon School. I hope thought it might be interesting. Little did Har- Now we are prohibiting such anticompetitive that other schools across the country will be vey realize that his interest in riding along for behavior. able to learn by the example of Taylor how to the night in his buddy's ambulance would lead This provision is one of those covered by confront some of the seemingly intractable to a job offer, 11 years with the Flinn Ambu- section 257 of the conference report that re- problems facing our educational system. I also lance Co., and then 25 years as the owner of quires that the FCC make rules that identify hope that, in recognizing Taylor Middle Hall Ambulance. Mr. Speaker, for his ser- and remove barriers to entry for companies in- School, my colleagues recognize the necessity endipitous ride, the residents of Kern County volved with providing telephone and informa- of making educational excellence one of our are grateful. tion services. highest priorities in the United States Con- Since the FCC will soon be considering how gress. The first location for Hall Ambulance was in to interpret the language in section 222(e) to f a house that also doubled as the living quar- prevent future problems with the sale of sub- ters for Hall, his wife, and their two children. scriber list information to independent publish- A TRIBUTE TO THE ‘‘I CAN’’ CHOIR Five years later Hall and his family moved ers, I would like to emphasize one key point. down the street, but his work was never far as I have consistently sought to assure that in HON. DONALD M. PAYNE Harvey brought an ambulance home with him determining what constitutes a reasonable rate OF NEW JERSEY at night. Today, the dedication to service that under this bill, the most significant factor IN THE HOUSE OF REPRESENTATIVES caused Hall to take an ambulance home with should be the incremental cost of delivering him has helped create a business that serv- Tuesday, February 6, 1996 that listing to the requesting party. ices the cities of Bakersfield, Arvin, Oildale, I appreciate this opportunity to clarify this Mr. PAYNE of New Jersey. Mr. Speaker, I Tehachapi, Lamont, Mojave, Boron, California important provision. rise today to pay tribute to an extraordinary City, Rosamond, and Taft. f group of young people from the country of The list of firsts for Hall Ambulance is im- South Africa. These individuals are members pressive: 1975Ðthe first mobile intensive care TRIBUTE TO MAYA ANGELOU of the ``I Can'' Choir, which consists of 75 paramedic service in Kern County; 1975Ðfirst male singers who range in age from 14 to 24 nonemergency transportation for wheelchair HON. KWEISI MFUME years, and a coed traditional dance team. bound; and 1985Ðfirst private mobile medical OF MARYLAND The ``I Can'' Choir was formed in August communications unit for mass casualty inci- IN THE HOUSE OF REPRESENTATIVES 1990 and has performed throughout South Af- dents. But before Harvey achieved this stellar Tuesday, February 6, 1996 rica receiving numerous honors and winning record, his beginnings were rather meager. several competitions. These singers possess Mr. MFUME. Mr. Speaker, I rise to pay trib- For his service, Harvey was designated in strong, powerful voices and because of the ute to Maya Angelou, one of the most impas- 1990 as one of the top three ALS providers in group's commitment and hard work, this cur- sioned voices not only of the African-American the United States by the National Association rent 4-week tour of the United States has be- community but of mankind as a whole. Ms. of Emergency Medical Technicians and was come a reality. The choir members combine Angelou once explained. ``I speak to the black awarded the 1991 Paramedic EMS Service of their talent with information to direct attention experience but I am always talking about the the Year award by the National Association of to and educate their audience about the devel- human conditionÐabout what we can endure, Emergency Medical Technicians and the opment of post-apartheid South Africa. dream, fail at and still survive.'' For this rea- American Academy of Orthopedic Surgeons. Their participation in the Black History son, she was tapped by President Clinton to In 1987, he offered basic life support training Month program hosted by Mayor J. Christian address the Nation during his inauguration. throughout Kern County and as a result 2,000 Bollwage and Councilwoman Patricia Perkins- She was the first poet, since Robert Frost people were trained to help save lives. In Auguste of the City of Elizabeth, NJ will help spoke at the Kennedy inaugural almost 32 1992 he put in place one of the most sophisti- make this event extra special. In addition to years prior, to address the Nation during such cated state-of-the-art computer-aided emer- singing, the choir will provide the audience a moment of political change. In composing a gency communication centers in the country. with information on the historical effort to abol- poem for the inaugural address, she sought to ish apartheid and on actual conditions and If this were not enough, Harvey also spon- remind us all that we are more alike than challenges currently facing South Africa. As a sors an Explorer Scout troop and he is in- unalike. She credits her ability to bring people member of the Subcommittee on Africa of the volved in fundraising for the Boys and Girls together, as well as the President's fondness Committee on International Relations in the Club of Bakersfield, the Police Athletic of her work, for why she was chosen. House, I am quite aware of the forces that League, the Friendship House, and the Ba- Although many Americans became aware of help shape the decisions that are made in that kersfield College Foundation. In addition, Har- Ms. Angelou during the swearing-in ceremony, country. I believe that it is important for our vey has been the chairman of the Bakersfield she has been speaking to the Nation through young people to use Black History Month to Christmas parade for 11 years and has served a variety of mediums for decades. She is a also become informed about conditions in Afri- on the Coalition to Protect Private Property woman of many talentsÐan author, actress, can countries. Rights. singer, dancer, songwriter, and teacher. Al- Mr. Speaker, I urge you and all my col- So Mr. Speaker, on the 25th anniversary of though much of her written work is based on leagues to join me in saluting this wonderful Hall Ambulance, congratulations and job well the experiences of a black woman, she always group of young people from South Africa, the done to Harvey Hall for all his service to the manages to make her words applicable to ev- ``I Can'' Choir. I think that the members of the people of Kern County. eryone. February 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 185 It is these experiences which become the and highly effective pursuit of local, State and unsurpassed bravery and patriotism who put foundation of her most acclaimed work, a five- national education goals. These goals reflect their lives on the line overseas and confronted volume autobiography. The first book, I know the areas in which our educational institutions racial injustice at home. We recognize their Why the Caged Bird Sings, which received a across the country are most in need of im- sacrifice and honor them for their service to National Book Award nomination, documents provement. Crocker Middle School's remark- our country. her early experiences in Arkansas, Missouri, able success in overcoming some of the most f and California. In the autobiography, she re- difficult problems our schools face today veals the many hardships she has faced but makes it a perfect example for schools around MISSISSIPPI INTERSTATE COOPER- through which she has persevered. It was the country to follow. ATIVE RESOURCES AGREEMENT through this novel that the world came to un- Crocker Middle School has been highly suc- ACT derstand the obstacles she overcame. Raped cessful in fulfilling the necessary conditions of at the tender age of 8 she retreated into her effective schooling. Through the dynamic and HON. STEVE GUNDERSON own world and would not utter a single word productive leadership of Principal Daniel G. OF WISCONSIN for the next 5 years. But the book also reveals Kreuzer, Crocker Middle School has devel- IN THE HOUSE OF REPRESENTATIVES the good in her life such as the birth of her oped a nurturing teaching environment, a rig- Tuesday, February 6, 1996 only son, Guy. It is the honesty of her words orous and engaging curriculum, a safe envi- which draws admirers from politicians, like my- ronment for students and teachers, and a Mr. GUNDERSON. Mr. Chairman, today I self and the President, to those who flock to healthy involvement of parents and the com- am introducing the Mississippi Interstate Co- hear her speak on the lecture circuit. munity in strengthening educational resources. operative Resources Agreement Act, which In her 12 books 6 of which are poetry, she Students from Crocker convincingly dem- would provide Federal recognition for an alli- has managed to write about every part of her onstrate the many benefits of a good school- ance formed to protect Mississippi River life, focusing on such universal themes as ing environment through impressive student Drainage Basin fishery resources. By directing struggle, success, love, family and identity. performances on measures of achievement, the U.S. Fish and Wildlife Service to conduct Her books have been a commercial and criti- attendance rates, and the varied and ambi- a pilot test of the Mississippi Interstate Coop- cal success. In 1972, she was nominated for tious pursuits of graduates of the school. erative Resources Agreement, or MICRA, the the Pulitzer Prize for Just Give Me a Cool Crocker Middle School is more than deserv- bill is intended to take an important stride in Drink of Water 'fore I Diiie, a collection of 39 ing of the recognition it has and will continue protecting the future well-being of the poems. Her poetry, which also reflects much to receive as a blue ribbon school. I hope that interjurisdictional rivers of the United States, of her life, explores the South, racial con- other schools across the country will be able as well as their valuable fisheries and natural frontation, and the strength of blacks in the to learn by the example of Crocker how to resources. face of hardship. One critic claimed that her confront some of the seemingly intractable NEED FOR LEGISLATION poems ``are characterized by a spontaneous problems facing our educational system. I also Interjurisdictional rivers flow between, or are joyfulness and an indomitable spirit to sur- hope that, in recognizing William H. Crocker common to, two or more State boundaries. vive.'' Middle School, my colleagues recognize the These rivers form large ecosystems that are Ms. Angelou has also been recognized for necessity of making educational excellence important to the Nation in terms of both their her talents on stage and screen. Her perform- one of our highest priorities in the U.S. Con- economic and intrinsic values. The Mississippi ance in ``Look Away'' garnered a nomination gress. River Basin includes the drainage of six such for the prestigious Tony Award. In addition, f interjurisdictional rivers: the Mississippi, Ohio, her work in the mini-series, ``Roots'', earned Missouri, Tennessee, Arkansas, and Red Riv- her an Emmy Award nomination in 1977. In THE TUSKEGEE AIRMEN—TRUE ers. Including its tributaries, the basin contains the same year, she received the Golden Eagle AMERICAN HEROES about 98 rivers and small tributaries, sustains Ward for the documentary Afro-American in approximately 98 fish species, and spans 28 the Arts. HON. DONALD M. PAYNE U.S. States. Ms. Angelou continues to work devoting OF NEW JERSEY Many fishery resources in the Mississippi herself to helping shape the minds of your IN THE HOUSE OF REPRESENTATIVES River Basin have suffered serious declines youth. Since 1981, she has been the first Tuesday, February 6, 1996 over the past few decades. Many States in the Reynolds Professor of American Studies at basin list numerous native riverine species as Mr. PAYNE of New Jersey. Mr. Speaker, as Wake Forest University. Ms. Angelou's con- threatened, endangered, or nearly eliminated. we commemorate Black History Month, I tributions to our national culture are enormous This is, in large part, due to the would like my colleagues here in the U.S. and continue to enrich all our lives. interjurisdictional nature of the basin. When House of Representatives to join me in salut- f rivers that provide critical habitat to a multitude ing three true American heroes who will be of fish and wildlife cross State boundaries, WILLIAM H. CROCKER MIDDLE honored at a special ceremony in New Jersey State-sponsored resources management and SCHOOL; A MODEL OF EXCEL- on February 22. preservation programs become hampered. LENCE IN EDUCATION On that date, as part of the County of Essex African Heritage Month celebration, a tribute Typically, there is no single entity that has HON. TOM LANTOS will be paid to three Tuskegee AirmenÐ complete responsibility for the fishery re- George Wanamaker, Howard L. Bragg, and sources in the wide variety of rivers and tribu- OF CALIFORNIA taries making up the Basin. This absence of IN THE HOUSE OF REPRESENTATIVES George Watson, Jr. These three men earned a place in history clear jurisdiction allows management of those Tuesday, February 6, 1996 through their heroic actions during World War resources to fall through the cracks. Mr. LANTOS. Mr. Speaker, the U.S. Depart- II when they served with the Tuskegee Air- In addition, as a shared resource, the Mis- ment of Education has recognized William H. men, African-American combat pilots who flew sissippi Basin suffers from the problem of the Crocker Middle School in Hillsborough, CA, as over 1,500 combat missions and shot down commons. Individual States are often hesitant a blue ribbon school. As a blue ribbon school, more than 400 enemy aircraft. to invest in interjurisdictional rivers because William H. Crocker Middle School serves as a Sadly, in the segregated society of that era, other States may benefit without contributing shining example of high-quality education for these war heroes were not able to enjoy the themselves. Compounding the problem is the rest of the country. The school is one of only full rights accorded to other citizens when they sheer size of the resource base associated 266 throughout our entire Nation and only 39 returned home to the United States. Through with the Mississippi Basin. For decades, in California to be selected for this high honor. their struggles on foreign soil and at home, States believed that management was unnec- I invite my colleagues to join me in extend- they remained determined, courageous, and essaryÐthe resource was limitless. ing our most sincere admiration and congratu- dignified. Today, they continue to be involved The implementation of MICRA has been a lations for the wonderful educational environ- in the betterment of their communities. positive first step in addressing these prob- ment that Crocker Middle School provides for Their story was the subject of a theatrical lems by serving as a catalyst in bringing man- our young Americans. I am indeed proud to production at Ford's Theater in Washington, aging partners together and combining their have this outstanding institution in my con- DC, as well as a television movie which was economic and manpower resources. gressional district. recently aired. MICRA'S ACCOMPLISHMENTS Willima H. Crocker Middle School has Mr. Speaker, I know my colleagues join me Drafted in 1989, the Mississippi Interstate achieved this high honor through its persistent in expressing our appreciation to these men of Cooperative Resources Agreement was E 186 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 1996 signed by the State natural resource agency among the various MICRA signatories, de- PERSONAL EXPLANATION directors of all 28 States by the end of 1990. velop plans for restoration of fishery re- In addition, the agreement has been signed by sources, and evaluate the possibility of ex- HON. JOHN J. LaFALCE the U.S. Fish and Wildlife Service, the Ten- tending such a program to other river basins OF NEW YORK nessee Valley Authority, the U.S. Bureau of in the United States. All of these goals will be IN THE HOUSE OF REPRESENTATIVES Reclamation, the National Biological Service, pursued under the existing funding structure the Chickasaw Nation in Oklahoma and the under which MICRA currently operates. The Tuesday, February 6, 1996 Chippewa-Cree Tribe in Montana. Since its bill does not authorize any appropriations, but Mr. LAFALCE. Mr. Speaker, on Thursday, formation, one of MICRA's most important ac- allows the Secretary of the Interior to use U.S. February 1, I missed rollcall No. 30. Had I complishments has been to bring resource Fish and Wildlife funds to carry out the objec- been present, I would have voted ``yea.'' managers together in the realization that all tives. f had a strong interest in preserving and pro- Finally, as proposed in this bill, MICRA will tecting fish and wildlife. not duplicate any existing organizational net- A TRIBUTE TO HONOR NANCY The Agreement originated from a shared work. Rather, coordinated resources will be WILSON concern for the welfare of the ancient used to enhance existing programs and insti- paddlefish, a species which was at one time tutions. MICRA will not only serve as a tool for HON. KWEISI MFUME abundant in the basin, providing robust com- protecting fisheries throughout the Mississippi OF MARYLAND mercial and recreational fishery opportunities. River Drainage Basin, but may serve as a IN THE HOUSE OF REPRESENTATIVES The basin States recognized the need to pro- model for protecting fishery resources through- Tuesday, February 6, 1996 tect the species on a multi-State basis and out the Nation as well. Mr. MFUME. Speaker, I am both pleased joined forces to develop a common approach SUPPORT FOR THE BILL and share resources in protecting the and proud to be here today to honor one of This bill is the result of over 3 years of con- paddlefish and other important species. the finest entertainers and the pride of Chil- MICRA has since evolved to address losses sultations between myself, the U.S. Fish and licothe, OHÐNancy Wilson. in all kinds of aquatic species. Its mission has Wildlife Service, State fish and wildlife agen- Ms. Wilson's career in the performing arts become to ``improve the conservation, devel- cies and national and local chapters of the has lasted some 40 plus years. Since the age opment, management and utilization of major river resource management organiza- of 4 years, Nancy Wilson knew she wanted to interjurisdictional fishery resources in the Mis- tions. I have attached copies of endorsement become a singer. She sang in the church sissippi River Basin through improved coordi- letters from many of these groups, and ask choir and listened avidly to and was influenced nation and communication among the respon- that they be included in the RECORD. by a litany of musical talent, among them Billy sible management entities.'' Eckstine, Louis Jordan, Ruth Brown, LaVern MICRA is administered by the Fish and f Baker, Nat King Cole, and big band vocalists Wildlife Service, which provides a full time AMERICAN HISTORY MONTH, such as Jimmy Rushing and Little Jimmy MICRA Coordinator/Executive Secretary. The FEBRUARY 1996 Scott. Association, composed of one representative As an active vocalist during her teenage from each member State and entity, publishes years, Nancy Wilson sang in nightclubs and a bimonthly newsletter, called River Crossings, HON. MICHAEL F. DOYLE made local television appearances. And in as its primary means of information exchange. OF PENNSYLVANIA 1956±58 she toured the Midwest and Canada Included among MICRA's goals are: improv- IN THE HOUSE OF REPRESENTATIVES with Rusty Bryant's band. ing basin-wide networking and coordinating Tuesday, February 6, 1996 In 1959, her biggest career break came mechanisms; developing public information when she performed with jazz great Cannon- and education programs; identifying and Mr. DOYLE. Mr. Speaker, I call to the atten- ball Adderley. She soon signed a contract with prioritizing issues of concern for coordinated tion of this Congress and the Nation, an effort Capitol Records and in 1962 recorded an research; and developing compatible regula- that is taking place in my district and in places album with Adderley. tions and policies for the allocation of fishery throughout the Nation. The National Daughters Nancy Wilson received rave reviews from resources. of the American Revolution dedicated this several prominent jazz musicians and there- MICRA members are aware that industry month, February, to be American history after was booked for numerous appearances and agriculture are, like the fish and wildlife in- month. As the father of four young Americans in concert halls, nightclubs, and jazz clubs habiting the basin, dependent upon large riv- who are 6, 14, 15, and 20 years of age, I throughout the United States and Europe. Her ers for transportation, irrigation, power genera- value their education and appreciation regard- career has continued to blossom ever since. tion and other water-dependent operations. ing our family heritage as members of a larger Ms. Wilson is a ``grounded in reality'' kind of The goal, therefore, is not to eliminate water- family of Americans. person. She is a woman that gives her time way development projects and uses, but to My ancestors were of Irish and Italian de- and talent to various charities and community determine how those uses can exist compat- cent and were immigrants who came to the projects. ibly with environmentally sound fishery re- United States for a new start, a bright future, The Wilson family created the Nancy Wilson source management on a region-wide basis. and the successes that this Nation has offered Foundation to permit inner-city children to see ADDRESSING FUNDING AND CONCERNS OF THE STATES persons from throughout the world. They the country and experience alternate lifestyles. The bill I offer today provides Federal rec- greatly valued the elements that make our Na- She has also worked with the Martin Luther ognition for MICRA and establishes a pilot test tion the greatest in the world. Liberty, justice, King Center for Social Change, the National for the implementation of that agreement. It and opportunity. They assimilated into the cul- Urban Coalition, and the Warwick Foundation. will not impose any mandates upon the tural mix of the Pittsburgh suburban way of Ms. Wilson is a member of the N.A.A.C.P.; States. All of those involved in the creation of life, worked hard, raised families, and found the S.C.L.C.; Operation PUSH, for which she this legislation have taken great care to ad- that their differences with their neighbors gave is chairperson; the President's Council for Mi- dress concerns expressed by the States over flavor to our American community. I have lived nority Business Enterprises; the Committee for the degree to which State prerogatives will be in that community all my life and have found the Kennedy Center for Performing Arts; and maintained. All the States involved in this pro- a strength and truly American spirit, which is the United Negro College Fund. gram have become so voluntarily. Congres- found in small and large places nationwide. Among her many awards, Nancy Wilson sional acknowledgment of the Agreement I salute the National Society of the Daugh- earned the Johnson and Johnson Red Ruby would provide further opportunity to address ters of the American Revolution for promoting Award, after working with the company's pre- basin-wide fishery management issues by en- awareness of American history and our na- natal care promotion. Her other achievements suring access to Federal funding and encour- tional heritage this month. Generations of are an Emmy in 1975 for ``The Nancy Wilson aging greater support from member agencies. Americans from all walks of life and from all Show''; the N.A.A.C.P. Image AwardÐ1986; Under the MICRA pilot test established by cultures have given their labor, their prayers, Grammy Award for ``How Glad I Am''Ð1964; this bill, MICRA signatories would, among their very lives so that we might enjoy the Entertainer of the Year Award presented by other matters, identify and describe the river fruits of democracy. I encourage my col- Atlantic City Magazine; the Global Entertainer ecosystems of the drainage basin, identify the leagues and all Americans to promote an in- of the Year Award presented by the World factors most adversely affecting the basin and terest by our youth in history this month and Conference of MayorsÐ1986; the Paul Robe- its resources, allow for resource-sharing what this Nation means to all Americans. son Humanitarian Award; first place in the February 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 187 1983 Japan Song Festival Competition; and WE’RE WITH YOU KWEISI The Honorable A.P. Lutali, Governor of an award from the United Negro College American Samoa, has been selected to re- FundÐ1986. HON. EDDIE BERNICE JOHNSON ceive this year's Seacology Foundation Award as ``Indigenous Conservationist of the Year'' in Nancy Wilson, along with your millions of OF TEXAS recognition of his superb efforts to preserve fans world-wide, and all of those whose lives IN THE HOUSE OF REPRESENTATIVES the Samoan rain forest and indigenous Sa- you have touched with your generosity and Tuesday, February 6, 1996 moan culture. Governor Lutali's efforts include selfless works, I thank you for the many con- Ms. EDDIE BERNICE JOHNSON of Texas. responsibility for passage of an act to protect tributions you have made. Mr. Speaker, I rise today to honor and encour- the American Samoa flying fox and our joint f age a fellow Member and friend, the right work to create the U.S. National Park in Amer- Honorable KWEISI MFUME, on this the occasion ican Samoa. As a letter from Seacology Foun- dation to Governor Lutali notifying him of the LOWELL HIGH SCHOOL; A MODEL of his acceptance of the challenge and oppor- award explains, neither of these achievements OF EXCELLENCE IN EDUCATION tunity of leading a great national organization, the NAACP. I will not restate all of the accom- would have occurred without the Governor's plishments of KWEISI MFUME as a man or a strong leadership and support. HON. TOM LANTOS U.S. Representative. Others have done that I congratulate Governor Lutali and the quite eloquently. I just want to add that I be- Seacology Foundation for all of their efforts OF CALIFORNIA lieve that in his life and work, Mr. MFUME has and I am submitting for the record a copy of a letter from Paul Alan Cox, Ph.D, chairman of IN THE HOUSE OF REPRESENTATIVES set an example to which any of today's young people can proudly aspire. Each step he takes the board of Seacology Foundation to Gov- Tuesday, February 6, 1996 marks yet another significant achievement. ernor Lutali for review by my colleagues. During his tenure in the House of Rep- OCTOBER 24, 1995. Mr. LANTOS. Mr. Speaker, the U.S. Depart- resentatives, Congressman MFUME has con- Governor A.P. LUTALI, ment of Education has recognized Lowell High sistently advocated landmark minority busi- Office of the Governor, American Samoa Gov- School in San Francisco, CA, as a Blue Rib- ness and civil rights legislation. He has suc- ernment, Pago Pago, American Samoa. bon School. As a Blue Ribbon School, Lowell DEAR GOVERNOR LUTALI: On behalf of the ceeded in focusing Congressional attention on Board of Directors and the Scientific Advi- High School serves as a shining example of a broad range of minority business develop- sory Board of the Seacology Foundation, it high-quality education for the rest of the coun- ment concerns in the United States. His work gives me great pleasure to inform you that try. The school is 1 of only 266 throughout our as chairman of the Congressional Black Cau- you have been selected as the 1995 Indigenous entire Nation and only 39 in California to be cus has been exemplary. And, we all look to Conservationist of the Year. This award, be- selected for this high honor. his leadership in his role as chair of the CBC lieved to be the only one of its kind in the Task Force to Preserve Affirmative Action. world, annually recognizes an indigenous I invite my colleagues to join me in extend- person who has demonstrated heroic efforts ing our most sincere admiration and congratu- Those of us who have had the privilege of in protecting the environment. The lations for the wonderful educational environ- working closely with him over the years have Seacology Foundation invites you, at our ex- ment that Lowell High School provides for our come to admire his genteel grace and leader- pense, to attend an award dinner in your young Americans. I am indeed proud to have ship. I know he will bring renewed stature to honor and a presentation ceremony in Provo, this outstanding institution in my congressional the NAACP. Utah to receive your award, which will con- sist of an engraved plaque and a cash award district. God speed KWEISI MFUME, God speed. f of $1,000. Lorraine Clark, Executive Associ- Lowell High School has achieved this high ate Director of the Seacology Foundation, honor through its persistent and highly effec- A TRIBUTE TO GOVERNOR LUTALI will be in touch with Rob Shaffer from your tive pursuit of local, State and national edu- staff to arrange a convenient date for this event. cation goals. These goals reflect the areas in HON. ENI F.H. FALEOMAVAEGA In making this award, the Seacology Foun- which our educational institutions across the OF AMERICAN SAMOA dation wishes to recognize your personal country are most in need of improvement. IN THE HOUSE OF REPRESENTATIVES courage and foresight in protecting the Lowell High School's remarkable success in rainforests and wildlife of American Samoa. overcoming some of the most difficult prob- Tuesday, February 6, 1996 You have demonstrated your commitment to lems our schools face today makes it a perfect Mr. FALEOMAVAEGA. Mr. Speaker, all conservation in many different ways. Exam- example for schools around the country to fol- Americans, including those of us in Congress, ples of your environmental leadership in- are concerned about the destruction of the clude passage of an act to protect flying low. foxes, including the rare Samoan Flying Fox, Lowell High School has been highly suc- rain forests that is occurring all over the world. Pteropus samoensis, or pe’a vao by the Terri- cessful in fulfilling the necessary conditions of The rain forests constitute unique and irre- torial Legislature of American Samoa. Your placeable ecosystems sometimes called the effective schooling. Through the dynamic and leadership was crucial in passing this legisla- lungs of the earth. In addition to their function productive leadership of Principal Paul Cheng, tion, which is believed to be the first legisla- in replenishing the earth's atmosphere, the tion enacted by any Pacific island govern- Lowell High School has developed a nurturing rain forests provide essential protection ment to protect flying foxes. Because of your teaching environment, a rigorous and engag- against global warming, contain hundreds of example, many other island governments ing curriculum, a safe environment for stu- plants found nowhere else on earth, house have now enacted similar legislation. dents and teachers, and a healthy involvement Even more impressive was your visionary many animals unique to the rain forests alone, of parents and the community in strengthening foresight in establishing the 50th National and provide protection against destruction of educational resources. Students from Lowell Park of the United States of America, the coral reefs and marine life. I would like to call National Park of American Samoa. It was convincingly demonstrate the many benefits of my colleagues' attention to a unique effort to your leadership and your vision that brought a good schooling environment through impres- save these vital systems and to an individual together a coalition of Samoan school chil- sive student performances on measures of who is being honored for his own efforts to dren, villagers, matai and other traditional achievement, attendance rates, and the varied save the rain forests. community leaders, Territorial officials, sci- entists, conservationists, and U.S. Congress- and ambitious pursuits of graduates of the Seacology Foundation is a nonprofit founda- school. men to create a new future for the people of tion founded to help protect island ecosystems American Samoa. You personally held meet- Lowell High School is more than deserving and island cultures. Seacology scientists in- ings with key scientists and village leaders, of the recognition it has and will continue to clude experts in endangered species, island you personally hosted a distinguished con- receive as a Blue Ribbon School. I hope that flora and fauna, and island ecosystems. One gressional delegation in Samoa, you person- other schools across the country will be able hundred percent of the money donated to ally traveled to Washington, D.C. to testify to learn by the example of Lowell how to Seacology goes directly to building schools, on behalf of the park and you personally pro- confront some of the seemingly intractable hospitals, installing safe water supplies, and vided leadership at every phase to assure passage of the enabling legislation. You ex- problems facing our educational system. I also meeting the other needs of the indigenous ercised this leadership without any concern hope that, in recognizing Lowell High School, people who live near the rain forests so that for its potential impact on your own politi- my colleagues recognize the necessity of these people will not have to sell off the rain cal future. Because of your selflessness and making educational excellence one of our forest to survive. Seacology scientists donate bi-partisan approach, the American Samoa highest priorities in the U.S. Congress. their time as well. National Park Bill became one of the first E 188 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 1996 national park bills to pass both houses of the KWEISI MFUME is the best possible role lumbia. Others may have become acquainted United States Congress without a single dis- model for the youth he has worked to assist with Bob during his tenure as vice president senting vote. You played a key role in guar- because he has experienced the challenges of for government relations for the National anteeing that the aspirations and well being of Samoan villages were paramount in the life's adversity and knows that it is possible to Cable Television Association [NCTA]. In any enabling legislation. Unique land acquisition triumph. After surviving difficulties in his child- event, Bob's current work with BET has al- techniques, revolving around long term hood, he adopted not only a new name but a lowed many of us in the African-American leases were used under your direction. Vil- new way of life, completing his education, community to become familiar with him and lage chiefs were guaranteed important roles achieving popularity for his outspoken views the tremendous services he provides to Afri- in formulating park policy. The Samoan lan- as a radio talk show host, then winning a seat can-Americans throughout the Nation. guage and culture are to be highlighted in all on the Baltimore City Council to promote the Bob began BET with $15,000 of his own park activities. As a result of your foresight, causes of the poor and disadvantaged living in American Samoa will have a National Park money and $500,000 from the cable industry's that will preserve both Samoan wildlife and distressed communities. In 1986, he was biggest company. Tele-Communications, Inc. Samoan culture. elected to Congress to continue his good work In 1991, Bob made history when he took Many other examples of your conservation on Baltimore's behalf. BET's parent company, BET Holdings, Inc., leadership could be cited. The Territorial Di- The limited time we have on the floor today public. BET Holdings became the first com- vision of Wildlife and Marine Resources is not nearly enough to list this member's pany controlled by an African-American to be under your leadership has made important many accomplishments and successes. We all traded on the New York City Stock Exchange. progress in evaluating and protecting the know that Congressman MFUME has been a Today BET is available in more than 39 mil- wildlife of American Samoa. Coastal Zone tireless advocate and a national leader for mi- Management has flourished under your lead- lion homes, 24 hours a day, from Los Angeles ership. But perhaps most important has been nority business development and civil rights to New York to Baltimore to smaller, markets, your quiet personal example. You quietly led legislation. His voice is always clearly and elo- such as Rapid City, SD. BET's current pro- an effort to re-introduce the rare Samoan quently heard in defense of the rights and gramming consists of a mix of black music toloa or duck to your home island of Aunu’u. needs of children, people of color, the poor, videos, black collegiate sports, news, and The crack of dawn has frequently found you the elderly, and the disabledÐpeople who do original programming, such as late night talk on your hands and knees weeding the garden not often have access to the halls of power. shows public affairs series, one-act plays, and plot in front of the territorial offices. Many During his impressive term as the leader of have seen you picking up rubbish and doing teen magazine shows. the Congressional Black Caucus, KWEISI's your own part as a private citizen to beau- Most recently, Bob Johnson and BET have style was to build coalitions, not to tear them tify the exquisite islands of American teamed up with the computer company down. He was instrumental in shaping the Samoa. Microsoft in a venture aimed at making on-line caucus into the formidable force that it is. Because of your stellar service, both public services more accessible and more desirable and private to conservation, and because of At the announcement of his selection as to African-Americans. Specifically, BET and the tremendous example of dedication and president and CEO of the NAACP, A. Leon Microsoft will develop a new company which courage that you have set for your own peo- Higginbotham said that Congressman MFUME will produce interactive information for and ple—the Polynesian Islanders—and for indig- ``combined the brilliance of W.E.B. Dubois, the enous peoples throughout the world, the about African-Americans. While most of the eloquence of Martin Luther King, the tough- Seacology Foundation is pleased to bestow material will be made available on the ness of Thurgood Marshall, and the caring of upon you the most distinguished award for Microsoft Network, the new company also Harriet Tubman.'' This great and natural lead- indigenous conservation in the world by hopes to produce information for the internet er could receive no more fitting tribute. naming you Indigenous Conservationist of and for CD±ROM's. The goal is to create, Bob the Year 1995. We offer you our sincere ap- The name Kweisi means conquering son of says, ``* * * an independent and interactive preciation for your tremendous devotion to kings. He has conquered everything he has voice for African Americans.'' protecting this planet. sought to achieve in this Congress. Now he is Warmest personal regards, moving on, not to conquer, but to bring to- As exciting and invigorating as this new NAFANUA PAUL ALAN COX, Ph.D., venture may be, many of us would have ex- Chairman of the Board. gether the people of our Nation and to con- tinue to fight for the causes in which he be- pected no less from Bob. He saw an area in f lieves. I join with his many, many friends, fam- which African-Americans were under rep- TRIBUTE TO KWEISI MFUME ily, and colleagues in this body in bidding him resented and he sought to fill the void: Afri- farewell and wishing our friend good luck and can-Americans use home computing tech- SPEECH OF great success in his new and very important nology at a far lower rate than white American endeavor. We look forward to working with households. According to a 1994 survey by HON. NANCY PELOSI the U.S. Census Bureau, 28.6 percent of white OF CALIFORNIA him in his new capacity as president of the NAACP. households had computers, compared with IN THE HOUSE OF REPRESENTATIVES 11.1 percent of black households. By trying to f Wednesday, January 31, 1996 get more blacks interested in and comfortable Ms. PELOSI. Mr. Speaker, I rise today with TRIBUTE TO ROBERT L. JOHNSON, with computers and the Internet, Bob is at- mixed feelings of joy and sadness as we PRESIDENT AND CEO OF BET tempting to ensure that African-Americans are honor our good friend and colleague KWEISI not left out of the information revolution. MFUME. I am saddened to lose our esteemed HON. KWEISI MFUME A review of the many awards, Bob has re- colleague as a relentless advocate in Con- OF MARYLAND ceived throughout his distinguished career is a testimony to his drive and his dedication. In gress for the poor and disadvantaged, yet I IN THE HOUSE OF REPRESENTATIVES am so pleased and proud that a man of such 1995 he received the Cablevision Magazine leadership, courage, dignity, and vision will Tuesday, February 6, 1996 20/20 Vision Award; in 1993 the Turner Broad- now guide the NAACP to marvelous new Mr. MFUME. Mr. Speaker, I rise today to casting Trumpet Award; in 1992 Bob won the heights. pay tribute to Robert L. Johnson, the president Executive Leadership Council Award; in 1985 Congressman MFUME has spent most of the and CEO of BET Holdings, the only publicly the D.C. Chamber of Commerce Business of last 10 years representing an area I know very traded media company that primarily targets the Year Award; in 1984 the Capital Press wellÐthe city in which my father, Thomas African-Americans. At the heart of BET Hold- Club's Pioneer Award; and in 1982 he won D'Alesandro, once served as mayor and as ings is Black Entertainment Television, which both the NAACP's Image Award as well as the Member of Congress. KWEISI and I were both operates the Nation's first and only advertiser- NCTC's President's award. born and raised in Baltimore and had the good supported, basic cable television programming Bob Johnson exemplifies all that is possible fortune to learn at the feet of some of the Na- service that serves as both a cultural center in America; he has used his skills and his tion's finest Democrats. While I moved to San and an information source for BET's target au- know-how to become a successful business- Francisco, Congressman MFUME remained to dience. man. He also represents all that is good about represent the interests of those living in Mary- Some of us know Bob from his days here this country, as he his consistently chosen to land's Seventh Congressional District, which on Capitol Hill, where he served as press sec- use his talents and his resources to give includes some of Baltimore's poorest neigh- retary to our distinguished colleague, Walter something back to his community and to help borhoods. Fauntroy, the delegate from the District of Co- others. Tuesday, February 6, 1996 Daily Digest Senate Swearing in of Senator Wyden: Senator Ron Chamber Action Wyden, of Oregon, was sworn in to fill the Routine Proceedings, pages S875–S999 unexpired term, ending January 3, 1999, caused by Measures Introduced: Five bills and one resolution the resignation of Senator Bob Packwood. were introduced, as follows: S. 1558–1562, and S. Pages S878±80 Res. 224. Page S915 Messages From the President: Senate received the Measures Reported: Reports were made as follows: following messages from the President of the United S. 627, to require the general application of the States: Transmitting the report concerning the waiver of antitrust laws to major league baseball. (S. Rept. No. restrictions relative to the CHINASAT Project; re- 104–231) Page S915 ferred to the Committee on Foreign Relations. Farm Bill: Senate continued consideration of S. (PM–114). Pages S914±15 1541, to extend, reform, and improve agricultural Transmitting the report concerning the waiver of commodity, trade, conservation, and other programs, restrictions relative to the MABUHAY Project; re- taking action on amendments proposed thereto, as ferred to the Committee on Foreign Relations. follows: Pages S899±S913, S998±99 (PM–115). Page S915 Pending: Transmitting the report concerning the waiver of Craig (for Leahy/Lugar) Amendment No. 3184, in restrictions relative to the COSAT Project; referred the nature of a substitute. Pages S899±S913, S998±99 to the Committee on Foreign Relations. (PM–116). Wellstone (for Kohl) Amendment No. 3442 (to Page S915 Amendment No. 3184), to eliminate the provision Transmitting the report of the Budget of the granting consent to the Northeast Interstate Dairy United State Government for fiscal year 1997; which Compact. Page S999 was referred jointly, pursuant to the order of January During consideration of this measure today, Senate 30, 1975, as modified by the order of April 11, took the following action: 1986, to the Committee on Appropriations, and to By 59 yeas to 34 nays (Vote No. 9), three-fifths the Committee on the Budget. (PM–117). Page S915 of those Senators duly chosen and sworn not having Nominations Received: Senate received the follow- voted in the affirmative, Senate failed to agree to ing nominations: close further debate on Amendment No. 3184, listed Terry Evans, of Kansas, to be a Member of the above. Pages S906±07 National Council on the Arts for a term expiring A unanimous-consent agreement was reached pro- September 3, 2000. viding for further consideration of the bill, the Franklin D. Kramer, of the District of Columbia, amendments pending thereto, and further amend- to be an Assistant Secretary of Defense. Daniel Guttman, of the District of Columbia, to ments to be proposed thereto. Page S999 Senate will resume consideration of the bill on be a Member of the Occupational Safety and Health Wednesday, February 7, 1996. Review Commission for a term expiring April 27, 2001. Page S999 Health Care Portability—Agreement: A unani- Messages From the President: Pages S914±15 mous-consent agreement was reached providing for the consideration of S. 1028, to provide increased ac- Messages From the House: Page S915 cess to health care benefits, to provide increased Measures Read First Time: Page S914 portability of health care benefits, to provide in- Statements on Introduced Bills: Pages S915±19 creased security of health care benefits, and to in- crease the purchasing power of individuals and small Additional Cosponsors: Pages S919±20 employers. Pages S913±14 Amendments Submitted: Pages S920±95 D 63 D 64 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 1996

Notices of Hearings: Page S995 culture; and Wyoming Governor Jim Geringer, Authority for Committees: Page S995 Cheyenne. Additional Statements: Pages S995±98 IMMIGRATION AND WELFARE REFORM Record Votes: One record vote was taken today. Committee on the Judiciary: Subcommittee on Immi- (Total–9) Page S907 gration held hearings to examine issues relating to Adjournment: Senate convened at 12 noon, and ad- the receipt of Supplemental Security Income (SSI) journed at 10:29 p.m., until 7:30 a.m., on Wednes- benefits and other welfare programs by noncitizens, day, February 7, 1996. (For Senate’s program, see receiving testimony from Carolyn Colvin, Deputy the remarks of the Majority Leader in today’s Record Commissioner for Programs, Policy, Evaluation and on page S999.) Communications, Social Security Administration, and Lavinia Limon, Director, Office of Refugee Re- Committee Meetings settlement, Office of Family Assistance, Administra- tion for Children and Families, both of the Depart- (Committees not listed did not meet) ment of Health and Human Services; Jane L. Ross, NATIONAL LABOR RELATIONS BOARD Director, Income Security Issues, Health, Education, and Human Services Division, General Accounting Committee on Appropriations: Subcommittee on Labor, Office; Susan Martin, Executive Director, U.S. Com- Health and Human Services, and Education and Re- mission on Immigration Reform; Angelo Doti, Or- lated Agencies concluded hearings to examine the ef- ange County Social Services Agency, Orange County, fects of fiscal year 1996 funding on the National California; George J. Borjas, Harvard University, Labor Relations Board, after receiving testimony Cambridge, Massachusetts; Victor DoCouto, Massa- from William B. Gould IV, Chairman, Fred Fein- chusetts Alliance of Portuguese Speakers, Boston; stein, General Counsel, Harding Darden, Jr., Budget Norman Matloff, University of California, Davis; and Officer, and Charles Cohen, Board Member, all of Michael Fix, Urban Institute, and Robert Rector, the National Labor Relations Board; and Richard Heritage Foundation, both of Washington, D.C. Trumka, AFL–CIO, and Lawrence Hunter, Business Subcommittee recessed subject to call. Leadership Council, both of Washington, D.C. FEDERAL LAND OWNERSHIP WHITEWATER Committee on Energy and Natural Resources: Sub- Special Committee to Investigate the Whitewater Develop- committee on Oversight and Investigations con- ment Corporation and Related Matters: Committee re- cluded hearings to review trends in Federal land sumed hearings to examine issues relative to the ownership by the Department of the Interior and the Whitewater Development Corporation, receiving tes- United States Forest Service, after receiving testi- timony from Patricia Black, Associate Inspector mony from Bruce Babbitt, Secretary of the Interior; General for Inspections and Legal Support, and Ste- Barry T. Hill, Associate Director, Natural Resources ven Switzer, Deputy Inspector General for Audit, Issues, General Accounting Office; Jack Ward both of the Federal Deposit Insurance Corporation. Thomas, Chief, Forest Service, Department of Agri- Hearings continue tomorrow. h House of Representatives Election of Speaker Pro Tempore: House agreed Chamber Action to H. Res. 363, electing Representative Morella Bills Introduced: 2 public bills, H.R. 2962–2963; Speaker pro tempore during any absence of the and 1 resolution, H. Res. 363 were introduced. Speaker, such authority to continue not later than Pages H1231±32 Tuesday, February 27. Page H1229 Speaker Pro Tempore: Read a letter from the Legislative Program: Agreed that when the House Speaker wherein he designated Representative adjourns today, it adjourn to meet at 11 a.m. on Fri- Morella to act as Speaker pro tempore for today. day, February 9; that when the House adjourns on Page H1229 Friday, February 9, it adjourn to meet at 11 a.m. on Tuesday, February 13; that when the House adjourns February 6, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 65 on Tuesday, February 13, it adjourn to meet at 11 Antitrust Implications; and also to discuss the fol- a.m. on Friday, February 16; that when the House lowing bills: H.R. 2740, Fan Freedom and Commu- adjourns on Friday, February 16, it adjourn to meet nity Protection Act of 1995; and H.R. 2699, Fans at 11 a.m. on Tuesday, February 20; that when the Rights Act of 1995. Testimony was heard from Sen- House adjourns on Tuesday, February 20, it adjourn ator Glenn; Representatives Hoke, Flanagan, and to meet at 11 a.m. on Friday, February 23; and that Stokes; Bob Lanier, Mayor, Houston, Texas; and when the House adjourns on Friday, February 23, it public witnesses. adjourn to meet at 12:30 p.m. on Monday, February f 26 for morning hour debate. Page H1229 Presidential Messages: Read the following mes- NEW PUBLIC LAWS sages from the President: (For last listing of Public Laws, see DAILY DIGEST, p. D47) Budget: Message wherein he transmits his 1997 Budget—referred to the Committee on Appropria- H.R. 1606, to designate the United States Post tions and ordered printed (H. Doc. 104– ); Office building located at 24 Corliss Street, Provi- Page H1230 dence, Rhode Island, as the ‘‘Harry Kizirian Post Of- China-MABUHAY project: Message wherein he re- fice Building’’. Signed February 1, 1996. (P.L. ports to Congress that it is in the national interest 104–100) of the United States to waive the restrictions on the H.R. 2061, to designate the Federal building lo- export to the People’s Republic of China of U.S.-ori- cated at 1550 Dewey Avenue, Baker City, Oregon as gin satellites insofar as such restrictions pertain to the ‘‘David J. Wheeler Federal Building’’. Signed the MABUHAY project—referred to the Committee February 1, 1996. (P.L. 104–101) on International Relations; Page H1230 f China-COSAT project: Message wherein he reports to Congress that it is in the national interest of the COMMITTEE MEETINGS FOR United States to waive the restrictions on the export WEDNESDAY, FEBRUARY 7, 1996 to the People’s Republic of China of U.S.-origin sat- ellites insofar as such restrictions pertain to the (Committee meetings are open unless otherwise indicated) COSAT project—referred to the Committee on Senate International Relations; and Page H1230 China-CHINASAT project: Message wherein he re- Committee on Foreign Relations, Subcommittee on East ports to Congress that it is in the national interest Asian and Pacific Affairs, to hold hearings to examine of the United States to waive the restrictions on the threats and responses to Taiwan’s security, 10 a.m., export to the People’s Republic of China of U.S.-ori- SD–419. gin satellites insofar as such restrictions pertain to Committee on Governmental Affairs, to hold hearings to the CHINASAT project—referred to the Committee examine whether Members of Congress should be able to make recommendations for individuals seeking Federal on International Relations. Page H1230 employment, 9:30 a.m., SD–342. Resignation: Read a letter from Representative Special Committee To Investigate Whitewater Development Wyden wherein he resigned as a Member of the Corporation and Related Matters, to continue hearings to House of Representatives effective February 5, 1996. examine certain issues relative to the Whitewater Devel- Page H1231 opment Corporation, 10 a.m., SH–216. Quorum Calls—Votes: No quorum calls or votes House developed during the proceedings of the House today. Committee on Economic and Educational Opportunities, hear- ing on H.R. 2497, to amend the National Labor Rela- Adjournment: Met at 8 p.m. and adjourned at 8:14 tions Act, 10:45 a.m., 2175 Rayburn. p.m. Committee on Government Reform and Oversight, Sub- committee on Government Management, Information and Committee Meetings Technology, hearing on the Impact of OMB 2000 Re- PROFESSIONAL SPORTS FRANCHISE forms on the Management Practices of the Federal Gov- ernment, 10 a.m., 2154 Rayburn. RELOCATION; ANTITRUST IMPLICATIONS Committee on the Judiciary, Subcommittee on Courts and Committee on the Judiciary: Held an oversight hearing Intellectual Property, hearing on H.R. 2441, NII Copy- regarding Professional Sports Franchise Relocation: right Protection Act of 1995, 2 p.m., 2237 Rayburn. D 66 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 7:30 a.m., Wednesday, February 7 11 a.m., Friday, February 9

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Friday: No legislative business is sched- ation of S. 1541, Farm bill. uled.

Extensions of Remarks, as inserted in this issue

HOUSE Hoke, Martin R., Ohio, E183 Paxon, Bill, N.Y., E184 Johnson, Eddie Bernice, Tex., E187 Payne, Donald M., N.J., E184, E185 Doyle, Michael F., Pa., E186 LaFalce, John J., N.Y., E186 Pelosi, Nancy, Calif., E188 Faleomavaega, Eni F.H., Am. Samoa, E187 Lantos, Tom, Calif., E183, E185, E187 Thomas, William M., Calif., E184 Gunderson, Steve, Wis., E185 Mfume, Kweisi, Md., E183, E184, E186, E188

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