AMENDMENTS SUBMITTED
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AMENDMENTS SUBMITTED
(Senate - February 01, 1996)
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AMENDMENTS SUBMITTED
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THE AGRICULTURAL MARKET TRANSITION ACT OF 1996
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FEINGOLD AMENDMENTS NOS. 3186-3191
(Ordered to lie on the table.)
Mr. FEINGOLD submitted six amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill (
S. 1541) to
extend, reform, and improve agricultural commodity, trade,
conservation, and other programs, and for other purposes; as follows:
Amendment No. 3186
At the appropriate place insert the following:
Subtitle ____--Agricultural Promotion Accountability
SEC. ____1. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Promotion
Accountability Act of 1996''.
SEC. ____2. PURPOSE.
The purpose of this subtitle is to make agricultural
promotion boards and councils more responsive to producers
whose mandatory assessments support the activities of such
boards and councils, to improve the representation and
participation of such producers on such boards and councils,
to ensure the independence of such boards and councils, to
ensure the appropriate use of promotion funds, and to prevent
legislatively authorized agricultural promotion and research
boards from using mandatory assessments to directly or
indirectly influence legislation or governmental action or
policy.
SEC. ____3. DEFINITIONS.
In this subtitle:
(1) Influencing legislation or governmental action or
policy.--The term ``influencing legislation or governmental
action or policy'' includes--
(A) establishing, administering, contributing to, or paying
the expenses of a political party campaign, political action
committee, or other organization established for the purpose
of influencing the outcome of an election;
(B) attempting to influence--
(i) the outcome of any Federal, State or local election,
referendum, initiative, or similar procedure through a cash
contribution, in-kind contribution, endorsement, publicity or
public relations activity or similar activity;
(ii) the introduction, modification, or enactment of any
Federal or State legislation or signature or veto of any
enrolled Federal or State legislation, including through--
(I) communication with any member or employee of a
legislative body or agency or with any governmental official
or employee who may participate in the formulation of the
legislation, including engaging State or local officials in
similar activity (not including a communication to an
appropriate government official in response to a written
request by the official for factual, scientific, or technical
information relating to the conduct, implementation, or
results of promotion, research, consumer information and
education, industry information, or producer information
activities under a promotion program);
(II) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinion of the general
public or a segment of the public in connection with a
pending legislative matter; or
(III) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fund-raising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with a pending legislative matter;
(C) carrying out a legislative liaison activity, including
attendance at a legislative session or committee hearing to
gather information regarding legislation or to analyze the
effect of legislation, if the activity is carried on in
support of, or in knowing preparation for, an effort to
influence legislation or government action or policy;
(D) carrying out an opinion survey of the general public or
a segment of the public, general research, or information
gathering, if carried out in support of, or in knowing
preparation for, an effort to influence legislation or
government action or policy; or
(E) attempting to influence any agency action or agency
proceeding, as the terms are defined in section 551 of title
5, United States Code, through--
(i) communication with any government official or employee
who may participate in the action or proceeding (not
including a communication to an appropriate government
official in response to a written request by the official for
factual, scientific, or technical information relating to the
conduct, implementation, or results of promotion, research,
consumer information or education, or industry information of
producer information activities under a promotion program);
(ii) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinions of the general
public or any segment of the general public in connection
with the action or proceeding; or
(iii) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fundraising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with the action or proceeding.
(2) Promotion program.--The term ``promotion program''
means--
(A) the cotton research and promotion program established
under the Cotton Research and Promotion Act (7 U.S.C. 2101 et
seq.);
(B) the potato research, development, advertising, and
promotion program established under the Potato Research and
Promotion Act (7 U.S.C. 2611 et seq.);
(C) the egg research, consumer and producer education, and
promotion program established under the Egg Research and
Consumer Information Act (7 U.S.C. 2701 et seq.);
(D) the beef promotion and research program established
under the Beef Research and Information Act (7 U.S.C. 2901 et
seq.);
(E) the wheat research and nutrition education program
established under the Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.);
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(F) the dairy promotion program established under the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.);
(G) the honey research, promotion, and consumer education
program established under the Honey Research, Promotion, and
Consumer Information Act (7 U.S.C. 4601 et seq.);
(H) the pork promotion, research, and consumer information
program established under the Pork Promotion, Research, and
Consumer Information Act (7 U.S.C. 4801 et seq.);
(I) the watermelon research, development, advertising, and
promotion program established under the Watermelon Research
and Promotion Act (7 U.S.C. 4901 et seq.);
(J) the pecan promotion, research, industry information,
and consumer information program established under the Pecan
Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.);
(K) the mushroom promotion, research, and consumer and
industry information program established under the Mushroom
Promotion, Research, and Consumer Information Act of 1990 (7
U.S.C. 6101 et seq.);
(L) the lime research, promotion, and consumer information
program established under the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.);
(M) the soybean promotion, research, consumer information,
and industry information program established under the
Soybean Promotion, Research, and Consumer Information Act (7
U.S.C. 6301 et seq.);
(N) the fluid milk advertising and promotion program
established under the Fluid Milk Promotion Act of 1990 (7
U.S.C. 6401 et seq.);
(O) the flowers and greens promotion, consumer information,
and related research program established under the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6801 et seq.);
(P) the sheep promotion, research, consumer information,
education, and industry information program established under
the Sheep Promotion, Research, and Information Act of 1994 (7
U.S.C. 7101 et seq.); and
(Q) any other coordinated program of promotion, research,
industry information, and consumer information that is funded
by mandatory assessments on producers and designed to
maintain and expand markets and uses for an agricultural
commodity, as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. ____4. INFLUENCING LEGISLATION OR GOVERNMENTAL ACTION OR
POLICY.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of directly or indirectly
influencing legislation or governmental action or policy,
except for the development and recommendation of amendments
to the promotion program to the Secretary.
(b) Conforming Amendments.--
(1) Cotton.--Section 7(h) of the Cotton Research and
Promotion Act (7 U.S.C. 2106(h)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(2) Potatoes.--Section 308(f)(3) of the Potato Research and
Promotion Act (7 U.S.C. 2617(f)(3)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(3) Eggs.--Section 8(h) of the Egg Research and Consumer
Information Act (7 U.S.C. 2707) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(4) Beef.--Section 5(10) of the Beef Research and
Information Act (7 U.S.C. 2904(10)) is amended--
(A) by striking ``influencing governmental action or
policy'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''; and
(B) by inserting ``to the Secretary'' before the period at
the end.
(5) Wheat.--Section 1706(i) of the Wheat and Wheat Foods
Research and Nutrition Education Act (7 U.S.C. 3405(i)) is
amended by striking ``influencing governmental policy or
action'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(6) Dairy.--Section 113(j) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(j)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),''.
(7) Honey.--Section 7(h) of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4606(h)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(8) Pork.--Section 1620(e) of the Pork Promotion, Research,
and Consumer Information Act (7 U.S.C. 4809(e)) is amended by
striking ``influencing legislation'' and all that follows
through the period at the end and inserting the following:
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),
except to recommend amendments to the order to the
Secretary.''.
(9) Watermelons.--Section 1647(g)(3) of the Watermelon
Research and Promotion Act (7 U.S.C. 4906(g)(3)) is amended
by striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(10) Pecans.--Section 1910(g)(1) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6005(g)(1)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``to,'' and inserting ``for the purpose
of,''; and
(ii) by striking ``to--'' and inserting ``for the purpose
of--'';
(B) in paragraph (1), by striking ``influence legislation
or governmental action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)'';
(C) in paragraph (2), by striking ``engage'' and inserting
``engaging''; and
(D) in paragraph (3), by striking ``engage'' and inserting
``engaging''.
(11) Mushrooms.--Section 1925(h) of the Mushroom Promotion,
Research, and Consumer Information Act of 1990 (7 U.S.C.
6104(h)) is amended by striking ``influencing legislation or
governmental action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(12) Limes.--Section 1955(g) of the Lime Research,
Promotion, and Consumer Information Act of 1990 (7 U.S.C.
6204(g)) is amended by striking ``influencing legislation or
governmental policy or action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(13) Soybeans.--Section 1969(p) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6304(p) is
amended--
(A) in paragraph (1), by striking ``influencing legislation
or governmental action or policy'' and inserting ``directly
or indirectly influencing legislation or governmental action
or policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``to the Secretary''
before the semicolon; and
(ii) in subparagraph (B), by inserting ``, in response to a
request made by the officials,'' after ``officials''.
(14) Milk.--Section 1999H(j)(1) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6407(j)(1)) is amended by striking
``influencing legislation or governmental action or policy''
and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(15) Flowers and greens.--Section 5(i) of the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6804(i)) is amended by striking ``influencing
legislation or government action or policy'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(16) Sheep.--Section 5(l)(1) of the Sheep Promotion,
Research, and Information Act of 1994 (7 U.S.C. 7104(l)(1))
is amended by striking ``influencing legislation or
government action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
SEC. ____5. PROMOTING THE IMAGE OF AN INDUSTRY PROHIBITED.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of enhancing the image of an
industry, except that the board or council may promote the
image of a product with the express intent of stimulating
demand for and sales of an agricultural product in the
marketplace.
(b) Conforming Amendments.--
(1) Beef.--Section 3(9) of the Beef Research and
Information Act (7 U.S.C. 2902(9)) is amended by striking ``,
increased efficiency'' and all that follows through
``industry'' and inserting ``and increased efficiency''.
(2) Pecans.--Section 1907(12) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6002(12)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(3) Mushrooms.--Section 1923(7) of the Mushroom Promotion,
Research, and
[[Page
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Consumer Information Act of 1990 (7 U.S.C. 6103(7)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(4) Soybeans.--Section 1967(7) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6302(7)) is
amended by striking ``, and activities'' and all that follows
through ``industry''.
SEC. ____6. LIMITATIONS ON CONTRACTING.
(a) Permitted Contracts or Agreements.--Notwithstanding any
other provision of law, a board or council established by a
promotion program shall not be limited to contracting with,
or entering into an agreement with, an established national
nonprofit industry-governed organization.
(b) Competitive Bidding.--It is the policy of Congress that
boards and councils should, to the extent practicable, use
competitive bidding in the awarding of contracts and grants
for activities authorized under a promotion program.
(c) Independence of Boards and Councils.--
(1) Applications and recommendations not binding.--
Notwithstanding any other provision of law, a board or
council established by a promotion program shall not be bound
by a proposed application for a board or council contract or
a recommendation or advice of a potential contractor or a
national nonprofit industry-governed organization on the use
of board or council receipts.
(2) Interlocking boards or membership.--Notwithstanding any
other provision of law, no person shall be eligible to be a
member of any board or council established by a promotion
program (including operating and nominating committees) if
the person serves in any decision making capacity, such as
that of a member of the board of directors, executive
committee, or other committee, for an entity that enters into
a contract or other agreement with the board or council.
(3) Requirements for contracting.--A contractor or grantee
of a board or council may not use funds collected through
mandatory assessments under a promotion program to fund any
staff (including expenses or other activities of the staff)
who, in part, engage in 1 or more activities to influence
legislation or governmental action or policy.
(d) Producer Approval of Relationships With Boards or
Councils.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the entering into
of a permanent cooperative arrangement or the establishment
of a joint committee (including an arrangement that is
advisory in nature) by a board or council established by a
promotion program with a national nonprofit industry-governed
organization shall require the prior approval of at least \2/
3\ of the eligible producers under the promotion program.
(2) Exception.--Paragraph (1) shall not apply to a
cooperative arrangement or joint committee--
(A) that was established prior to January 1, 1995; or
(B) that includes representatives or participation from all
producer-, processor-, or handler-governed national nonprofit
organizations (including general farm organizations) that
represent any but an insignificant number of producers,
processors, or handlers paying assessments under the
promotion program to the board or council, as determined by
the Secretary.
(3) Permanent cooperative arrangement.--In this subsection,
the term ``permanent cooperative arrangement'' means a formal
or informal, written or unwritten agreement or understanding
establishing a relationship, a liaison, a sole source
contract, or an operational mechanism under which a board or
council shares staff, facilities, or other resources or
carries out coordinated activities with any entity on a more
or less permanent and exclusive basis.
(e) Fungibility of Board or Council Funds.--
(1) In general.--The Inspector General of the Department of
Agriculture shall conduct an annual review of contractual
arrangements between each board or council established by a
promotion program and any entity or association that engages
in activities to influence legislation or governmental action
or policy and receives a significant amount of funding from
the board or council as determined by the Secretary.
(2) Scope of review.--A review under paragraph (1) shall
examine whether any funds collected by the board or council
are used to directly or indirectly fund or subsidize an
entity or association that engages in influencing legislation
or governmental action or policy.
(3) Report.--The Secretary shall submit a report on the
findings of any review under this subsection and make
recommendations for any actions that should be taken as a
result of the findings to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. ____7. PERIODIC REFERENDA.
(a) In General.--Notwithstanding any other provision of
law, not less than 4 nor more than 6 years after the date of
enactment of this Act or the date on which the Secretary
determines the results of the most recent referendum for a
promotion program, whichever is earlier, and not less than
once every 5 years thereafter, the Secretary shall conduct a
referendum to determine whether to approve or terminate the
order under the promotion program and whether refunds should
be made under the order.
(b) Procedure.--The referendum under subsection (a) shall
be conducted using the same eligibility and other procedures
as the referendum used to approve the original order under
the promotion program, except that, notwithstanding any other
provision of law, no greater than a simple majority of
eligible producers shall be required to approve the making of
refunds to producers.
(c) Termination.--
(1) In general.--If the percentage of persons voting to
approve the order does not equal or exceed the percentage of
persons necessary to approve the continuation of the original
order under the promotion program, the Secretary shall
terminate the order.
(2) Time of termination.--The Secretary shall terminate the
order at the end of the marketing year during which the
referendum is conducted.
(d) Refunds.--If the making of refunds is approved in a
referendum under subsection (a), the Secretary shall
establish a procedure for making the refunds not later than
180 days after the date of the referendum.
(e) Cooperative Association.--Notwithstanding subsection
(b), a cooperative association may not vote on behalf of the
members of the association in a referendum conducted under
this section.
(f) Inactive Promotion Programs.--The Secretary shall not
conduct a referendum of a promotion program under this
section if the Secretary determines that the promotion
program is not active.
____
Amendment No. 3187
At the appropriate place insert the following:
SEC. ____. DAIRY PROMOTION PROGRAM IMPROVEMENT.
(a) Funding of Dairy Promotion and Research Program.--
(1) Declaration of policy.--The first sentence of section
110(b) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4501(b)) is amended--
(A) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(B) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(2) Definitions.--Section 111 of the Act (7 U.S.C. 4502) is
amended--
(A) in subsection (k), by striking ``and'' at the end;
(B) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream and fresh
and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products;
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(2) Funding.--
(A) Representation on board.--Section 113(b) of the Act (7
U.S.C. 4504(b)) is amended--
(i) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively;
(ii) in paragraph (1) (as so designated), by striking
``thirty-six'' and inserting ``38'';
(iii) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Of the members of the Board, 36
members''; and
(iv) by inserting after paragraph (5) (as so designated)
the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The
importer representatives shall be appointed by the Secretary
from nominations submitted by importers under such procedures
as the Secretary determines to be appropriate.''.
(B) Assessment.--Section 113(g) of the Act is amended--
(i) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively; and
(ii) by adding at the end the following new paragraph:
``(6)(A) The order shall provide that each importer of
imported dairy products shall pay an assessment to the Board
in the manner prescribed by the order.
``(B) The rate of assessment on imported dairy products
shall be determined in the same manner as the rate of
assessment per hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on
imports under subparagraph (B), the value to be placed on
imported dairy products shall be established by the Secretary
in a fair and equitable manner.''.
(C) Records.--The first sentence of section 113(k) of the
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person
receiving''.
(D) Referendum.--Section 116 of the Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group
comprising 10 percent or more of the number of producers
subject to the order, the Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the
amendments made by section 2 of the Dairy Promotion Program
Improvement Act of 1995; and
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``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the
Secretary determines that suspension of the application of
the amendments is favored by a majority of the producers
voting in the referendum who, during a representative period
(as determined by the Secretary), have been engaged in the
production of milk for commercial use.''.
(b) Periodic Referenda.--Section 115(a) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4506(a)) is
amended--
(1) in the first sentence, by striking ``Within the sixty-
day period immediately preceding September 30, 1985'' and
inserting ``Every 5 years''; and
(2) in the second sentence, by striking ``six months'' and
inserting ``3 months''.
(c) Prohibition on Bloc Voting.--Section 117 of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4508) is
amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences.
____
Amendment No. 3188
At the appropriate place insert the following:
SEC. . LOCATION ADJUSTMENTS FOR MINIMUM PRICES FOR CLASS I
MILK
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended--
(1) in paragraph (A)--
(A) in clause (3) of the second sentence, by inserting
after ``the locations'' the following: ``within a marketing
area subject to the order''; and
(B) by striking the last 2 sentences and inserting the
following: ``Notwithstanding paragraph (18) or any other
provision of law, when fixing minimum prices for milk of the
highest use classification in a marketing area subject to an
order under this subsection, the Secretary may not, directly
or indirectly, base the prices on the distance from, or all
or part of the costs incurred to transport milk to or from,
any location that is not within the marketing area subject to
the order, unless milk from the location constitutes at least
50 percent of the total supply of milk of the highest use
classification in the marketing area. The Secretary shall
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on the criteria that are used as
the basis for the minimum prices referred to in the preceding
sentence, including a certification that the minimum prices
are made in accordance with the preceding sentence.''; and
(2) in paragraph (B)(c), by inserting after ``the
locations'' the following: ``within a marketing area subject
to the order''.
____
Amendment No. 3189
At the appropriate place insert the following:
SEC. . MILK MANUFACTURING MARKETING ADJUSTMENT.
Subsections (a) and (b) of section 102 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
1446e-1) are amended to read as follows:
``(a) Definitions.--In this section:
``(1) Federal make allowance.--The term `Federal make
allowance' means the allowance for the processing of milk
that is permitted under a Federal program to establish a
Grade A price for manufacturing butter, nonfat dry milk, or
cheese.
``(2) Person.--The term `person' includes a cooperative.
``(3) State make allowance.--The term `State make
allowance' means the allowance for the processing of milk
that is permitted by a State for manufacturing butter, nonfat
dry milk, or cheese.
``(b) Milk Manufacturing Marketing Adjustment.--
Notwithstanding any other provision of law, if a person
collects a State make allowance that is higher than the
Federal make allowance and the milk or product of milk that
is subject to the allowance is purchased by the Commodity
Credit Corporation, regardless of the point of sale, the
Corporation shall reduce the support purchase price for the
milk and each product of the milk by an amount that is equal
to the difference between the State make allowance and the
Federal make allowance for the milk and product, as
determined by the Secretary of Agriculture.''.
____
Amendment No. 3190
At the appropriate place insert the following:
SEC. . SPECIAL RESEARCH GRANTS PROGRAM.
(a) In General.--Section 2(c)(2) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
450i(c)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) unless the project to receive the grant has been
subject to a competitive selection process and a scientific
peer review evaluation by qualified scientists in the Federal
Government, colleges and universities, State agricultural
experiment stations, and the private sector.''.
(b) Application.--The amendments made by subsection (a)
shall apply only in the case of a project that has not been
specifically authorized, or for which no funds have been made
available, as of the date of enactment of this Act.
____
Amendment No. 3191
At the appropriate place insert the following:
SEC. 7. COMPETITIVE MATCHING GRANT PROGRAM FOR APPLIED
RESEARCH.
(a) Purpose.--The purpose of this section is to convert the
current special grants program administered by the Secretary
under subsection (c) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(c)) into a
competitive matching grant program for applied research in
coordination with the research priorities outlined in section
1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101).
(b) Title Changes.--The Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i) is amended--
(1) In the section heading, by striking ``, SPECIAL, AND
FACILITIES'' after ``COMPETITIVE'';
(2) In subsection (a)(2), by striking ``, Special, and
Facilities'' after ``Competitive''; and
(3) In the heading of subsection (b) by striking
``Competitive'' and inserting ``National research
initiative''.
(c) Competitive Grant Program for Applied Research.--
Section 2(c) (7 U.S.C. 450i)(c)) is amended--
(1) In the heading, by striking ``Special Grants'' and
inserting ``Competitive Grants for Applied Research'';
(2) In paragraph (1) by striking ''grants,'' and all that
follows, including subparagraphs (A) and (B), and inserting
``competitive grants for applied research in the research
priority areas identified in section 1402 of National
Agricultural Research, Extension, and Teaching Policy Act of
1977.'';
(3) In paragraph (3), by striking all that follows
``matching funds.--'' and inserting ``The Secretary may
establish such matching requirements for grants made pursuant
to this section as the Secretary deems appropriate. Such
matching requirements established by the Secretary may be met
with unreimbursed indirect costs and in-kind contributions,
except that the Secretary may include an evaluation
preference for projects for which the applicant proposes
funds for the direct costs of the project to meet the
required match.''; and
(4) In paragraph (4), by striking all text after ``(4)''
and inserting ``eligible institutions.--For purposes of this
subsection, ``eligible institutions'' mean State agricultural
experiment stations, land-grant colleges and universities,
research foundations established by land-grant colleges and
universities, colleges and universities receiving funds under
the Act of October 10, 1962 (16 U.S.C. 582a, et seq.), and
accredited schools or colleges of veterinary medicine.''.
______
DOMENICI AMENDMENT NO. 3192
(Ordered to lie on the table.)
Mr. DOMENICI submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
On page 52, line 16, strike ``New Mexico.'' and insert the
following: ``New Mexico and that, in the case of the 1996 and
subsequent crops, Valencia peanuts not physically produced in
the State shall not be eligible to participate in the pools
of the State, except that a resident of the State who entered
a quantity of Valencia peanuts physically produced outside
the State in the pools of the State during the 1995 crop year
shall be eligible to enter not more than the same quantity of
Valencia peanuts physically produced outside the State in the
pools of the State.''
______
STEVENS (AND MURKOWSKI) AMENDMENTS NOS. 3193-3194
Mr. STEVENS (for himself and Mr. Murkowski) submitted two amendments
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra, as follows:
Amendment No. 3193
At the appropriate place in the amendment, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
[[Page
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``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
____
Amendment No. 3194
At the appropriate place in the substitute, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
______
BRYAN AMENDMENTS NOS. 3195-3198
(Ordered to lie on the table.)
Mr. BRYAN submitted four amendments intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Amendment No. 3195
In Title I, strike the section 107 beginning on page 1-67,
line 1 through page 1-73, line 11.
____
Amendment No. 3196
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$2,000,000'' where appropriate.
____
Amendment No. 3197
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$70,000,000'' where
appropriate.
____
Amendment No. 3198
In Title I, strike the section 106 beginning on page 1-50,
line 6 through page 1-66, line 24.
______
BAUCUS AMENDMENT NO. 3199
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amend section 110 by adding the following at the end:
(d) Nonrecourse Marketing Assistance Loans and Loan
Deficiency Payments.--In the case of the 2003 and subsequent
crops of wheat and feed grains, the Secretary shall provide
marketing loans to producers of such crops.
(1) Availability of nonrecourse loans.--
(A) Availability.--For each of the 1996 through 2002 crops,
the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for wheat and feed
grains produced on the farm. The loans shall be made under
the terms and conditions that are prescribed by the Secretary
and at the loan rate established under subsection (2) for the
commodity.
(B) Eligible production.--The following production shall be
eligible for a marketing assistance loan under this section:
(i) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(2) Loan rates.--
(A) Wheat.--
(i) Loan rate.--The loan rate for wheat shall be--
(I) not less than 90 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
five preceding 5 crops of wheat, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period.
(B) Feed grains.--
(i) Loan rate.--The loan rate for a marketing assistance
loan for corn shall be--
(I) not less than 90 percent of the simple average price
received by producers of corn as determined by the Secretary,
during the marketing years for the immediately five preceding
5 crops of corn, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period.
(II) Other feed grains.--The loan for a marketing
assistance loan for grain sorghum, barley, and oats,
respectively, shall be established at such level as the
Secretary determines is fair and reasonable in relation to
the rate that loans are made available for corn, taking into
consideration the feeding value of commodity in relation to
corn.
(3) Term of loan.--In the case of wheat and feed grains, a
marketing assistance loan under subsection (a) shall have a
term of 9 months beginning on the first day of the first
month after the month in which the loan is made.
(4) Repayment.--
(A) Repayment rates for wheat and feed grains.--The
Secretary shall permit a producer to repay a marketing
assistance loan under subsection (a) for wheat, corn, grain
sorghum, barley, and oats at a level that the Secretary
determines will--
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of the commodities
by the Federal Government;
(iii) minimize the costs incurred by the Federal Government
in storing the commodities; and
(iv) allow the commodities produced in the United States to
be marketed freely and competitively, both domestically and
internationally.
(5) Loan deficiency payments.--
(A) Availability.--The Secretary may make loan deficiency
payments available to producers who, although ineligible to
obtain a marketing assistance loan under subsection (a) with
respect to a loan commodity, agree to forego obtaining the
loan for the commodity in return for payments under this
subsection.
(B) Computation.--A loan deficiency payment shall be
computed by multiplying--
(i) the loan payment rate under paragraph (3) for the loan
commodity; by
(ii) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forego obtaining the loan in return for payments
under this subsection.
(C) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(i) the loan rate established under subsection (2) for the
loan commodity; exceeds
(ii) the rate at which a loan for the commodity may be
repaid under subsection (d).
(6) Source of loans.--
(A) In general.--The Secretary shall provide the loans
authorized by this section and the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) through the Commodity
Credit Corporation and other means available to the
Secretary.
(B) Processors.--Whenever any loan or surplus removal for
any agricultural commodity is carried out through purchases
from or loans or payments to processors, the Secretary shall,
to the extent practicable, obtain from the processors such
assurances as the Secretary considers adequate that the
producers of the commodity have received or will receive the
maximum benefit from the loan or surplus removal operation.
(7) Adjustments of loans.--
(A) In general.--The Secretary may make appropriate
adjustments in the loan levels for differences in grade,
type, quality, location, and other factors.
(B) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section or the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.).
(8) Personal liability of producers for deficiencies.--
(A) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section or the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et. seq.), unless the
loan was obtained through a fraudulent representation by the
producer.
(B) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
the producer to assume liability for--
(i) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(ii) a failure to properly care for and preserve a
commodity; or
(iii) a failure or refusal to deliver a commodity in
accordance with a program established under this section or
the Agricultural Adjustment Act of 1938.
(C) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
or the Agricultural Adjustment Act of 1938 a provision that
permits the Commodity Credit Corporation, on and after the
maturity of the loan or any extension of the loan, to acquire
title to the unredeemed collateral without obligation to pay
for any market value that the collateral may have in excess
of the loan indebtedness.
(D) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets from
which the sugar was derived.
(9) Exception.--Notwithstanding the provisions of the
previous section, the provisions of this section shall be
applicable to 1996 through 2002 crops if the provisions of
title I of this Act are rendered inapplicable to such crops
of wheat and feed grains.
______
EXON AMENDMENT NO. 3200
(Ordered to lie on the table.)
[[Page
S749]]
Mr. EXON submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Section 110 is amended by adding at the end the following:
``(d) Permanent Law.--Title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301 et seq.) is amended by
adding after section 307 the following:
`SEC. 308. MARKETING LOANS.
`(a) In General.--Except as provided in subsection (c) in
the case of the 1996 and subsequent crops, the Secretary
shall make available to producers on a farm a nonrecourse
marketing assistance loan for crops of wheat, feed grains,
upland cotton, rice, and oilseeds (hereafter referred ``loan
crops'') produced on the farm. The loans shall be made under
terms and conditions that are prescribed by the Secretary and
at the loan rate established under subsection (b).
`(b) Loan Rate.--The loan rate shall be not less than 95
percent of the simple average price received by producers of
loan crops, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops for the
specific loan crop.
`(c) Suspension.--The provisions of this section are
suspended for the 1996 through 2002 crops of wheat, feed
grains, upland cotton, rice, and oilseeds.' ''
______
BAUCUS AMENDMENT NO. 3201
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
At the appropriate place, insert the following:
``Notwithstanding the provisions of the Federal Crop
Insurance Act, the Secretary shall ensure that crop insurance
is made available to producers so that protection at the 75
percent level of coverage shall be available at the rate for
which coverage at the 65 percent level is available on the
date prior to the date of enactment.''
______
GREGG (AND OTHERS) AMENDMENT NO. 3202
(Ordered to lie on the table.)
Mr. GREGG (for himself, Mr. Reid, Mr. Santorum, and Mrs. Feinstein)
submitted an amendment intended to be proposed by them to amendment No.
3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as follows:
Strike section 107 on page 70.
______
WELLSTONE AMENDMENTS NOS. 3203-3204
(Ordered to lie on the table.)
Mr. WELLSTONE submitted two amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra;
as follows:
Amendment No. 3203
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, and oilseeds, the Secretary
shall attribute payments specified in section 1001 of Food
Security Act of 1985 to persons who receive the payments
directly, and attribute payments received by entities to the
individuals who own such entities in proportion to their
ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Guarantee
Authority.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment wheat and feed grains provided in
section 103 for each fiscal year by $80,000,000; and
``(2) use such savings generated in paragraph (1) to carry
out a program to issue guarantee against the risk of non-
payment arising out of loans taken out by agricultural
producers to finance the purchase of stock or membership
capital in cooperative associations engaged in value added,
food, or industrial-use processing of agricultural
commodities.''
____
Amendment No. 3204
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, upland cotton, rice, and
oilseeds, the Secretary shall attribute payments specified in
section 1001 of Food Security Act of 1985 to persons who
receive the payments directly, and attribute payments
received by entities to the individuals who own such entities
in proportion to their ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Rate
Caps.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment Account provided in section 103 for each
fiscal year by $140,000,000; and
``(2) increase the loan rate caps in section 104 as
follows:
``(A) $3.25 per bushel for wheat;
``(B) $2.25 per bushel for corn;
``(C) $0.60 per pound for upland cotton;
``(D) $7.00 per hunderweight for rice;
``(E) $5.10 per bushel for soybeans; and
``(F) $.10 per pound for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed.''
______
MOYNIHAN (AND MIKULSKI) AMENDMENT NO. 3205
(Ordered to lie on the table.)
Mr. MOYNIHAN (for himself and Ms. Mikulski) submitted an amendment
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra; as follows:
On page 1-73, strike line 9 and insert the following:
(i) Emergency Relief for Sugarcane Refiners.--Section
902(a) of the Food Security Act of 1985 (Public Law 99-198; 7
U.S.C. 1446g note) is amended by adding at the end the
following: ``The Secretary of Agriculture shall permit the
importation of additional raw cane sugar, from individuals
who held quotas under part VII of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et
seq.) on the day before the date of enactment of the
Agricultural Market Transition Act, during such time as the
Secretary determines that the domestic price of raw cane
sugar exceeds 115 percent of the loan rate determined under
section 107 of the Agricultural Market Transition Act.''.
(j) Crops.--This section (other than subsections (h) and
(i)).
______
DORGAN AMENDMENTS NOS. 3206-3207
(Ordered to lie on the table.)
Mr. DORGAN submitted two amendments intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amendment No. 3206
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Agricultural Act of
1996.''.
SEC. 2. FINDINGS.
The Congress findings that failure to enact timely
legislation extending farm and related programs will:
(a) Cause economic uncertainty to family farmers across the
country who represent the backbone of American Agriculture;
(b) Create instability in commodity markets;
(c) Result in lost export markets for U.S. agricultural
commodities; and
(d) Prevent the Secretary of Agriculture from administering
such programs in an orderly and efficient manner.
SEC. 3. AUTHORITY FOR 1996 AGRICULTURAL PROGRAMS.
(a) In General.--Notwithstanding any other provisions of
law except as provided in this Act and the amendments made by
this Act, the provisions of the Agricultural Adjustment of
1938 (7 U.S.C. 1281 et seq.), the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.), the Food Security Act of 1985 (Public
Law 99-198), and the Food, Agriculture, Conservation and
Trade Act of 1990 (Public Law 101-624) and each program that
was authorized or reauthorized by any of the Acts, that were
applicable on September 30, 1995, shall be applicable for
1996.
(b) Flexibility.--Amend section 504 of the Agricultural Act
of 1949 (7 U.S.C. 1464) by--
(1) Striking subsections (c), (d), and (e) and inserting
the following:
``(c) Non-Payment Acres.--In the case of the 1996 crops,
any crop or conserving crop specified in subsection (b)(1)
may be planted on the acres of a crop acreage base that is
not eligible for payment under this Act.'';
``(d) Loan Eligibility.--In the case of the 1996 crops,
producers on a farm with crop acreage base may plant any
program crop on the crop acreage base and shall be eligible
to receive purchases, loans, and loan deficiency payments for
the program crop.''.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Payments.--Section 114(a)(2) of the Agricultural Act of
1949 (7 U.S.C. 1445(j)(a)(2)) is amended by adding at the end
the following:
``(K) 1995 disasters.--In the case of the producers who
were prevented from planting, or incurred a reduced yield of
20 percent or more of, the 1995 crop due to weather or
related condition, the Secretary may settle claims for the
repayment by producers required under subparagraph (G) or (H)
on terms determined by the Secretary to be fair and
equitable, except that no claim shall be reduced by more than
$3,500.''
(b) Conservation.--Section 1231(b)(4) of the Food Security
Act of 1985 (16 U.S.C. 3831(b)(4)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) if the Secretary determines that such lands will be
used to store water for flood control in a closed basin.''
(c) Advanced Payments.--
[[Page
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(1) In general.--In the case of 1996 crops, advanced
payments shall be made in accordance with the formula
described in paragraph (2).
(2) Formula.--Payments authorized under this subsection
shall be based on a rate equal to 50 percent of the average
deficiency payment rate for the 1990 through 1994 crops.
(
Major Actions:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - February 01, 1996)
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[Pages
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AMENDMENTS SUBMITTED
______
THE AGRICULTURAL MARKET TRANSITION ACT OF 1996
______
FEINGOLD AMENDMENTS NOS. 3186-3191
(Ordered to lie on the table.)
Mr. FEINGOLD submitted six amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill (
S. 1541) to
extend, reform, and improve agricultural commodity, trade,
conservation, and other programs, and for other purposes; as follows:
Amendment No. 3186
At the appropriate place insert the following:
Subtitle ____--Agricultural Promotion Accountability
SEC. ____1. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Promotion
Accountability Act of 1996''.
SEC. ____2. PURPOSE.
The purpose of this subtitle is to make agricultural
promotion boards and councils more responsive to producers
whose mandatory assessments support the activities of such
boards and councils, to improve the representation and
participation of such producers on such boards and councils,
to ensure the independence of such boards and councils, to
ensure the appropriate use of promotion funds, and to prevent
legislatively authorized agricultural promotion and research
boards from using mandatory assessments to directly or
indirectly influence legislation or governmental action or
policy.
SEC. ____3. DEFINITIONS.
In this subtitle:
(1) Influencing legislation or governmental action or
policy.--The term ``influencing legislation or governmental
action or policy'' includes--
(A) establishing, administering, contributing to, or paying
the expenses of a political party campaign, political action
committee, or other organization established for the purpose
of influencing the outcome of an election;
(B) attempting to influence--
(i) the outcome of any Federal, State or local election,
referendum, initiative, or similar procedure through a cash
contribution, in-kind contribution, endorsement, publicity or
public relations activity or similar activity;
(ii) the introduction, modification, or enactment of any
Federal or State legislation or signature or veto of any
enrolled Federal or State legislation, including through--
(I) communication with any member or employee of a
legislative body or agency or with any governmental official
or employee who may participate in the formulation of the
legislation, including engaging State or local officials in
similar activity (not including a communication to an
appropriate government official in response to a written
request by the official for factual, scientific, or technical
information relating to the conduct, implementation, or
results of promotion, research, consumer information and
education, industry information, or producer information
activities under a promotion program);
(II) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinion of the general
public or a segment of the public in connection with a
pending legislative matter; or
(III) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fund-raising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with a pending legislative matter;
(C) carrying out a legislative liaison activity, including
attendance at a legislative session or committee hearing to
gather information regarding legislation or to analyze the
effect of legislation, if the activity is carried on in
support of, or in knowing preparation for, an effort to
influence legislation or government action or policy;
(D) carrying out an opinion survey of the general public or
a segment of the public, general research, or information
gathering, if carried out in support of, or in knowing
preparation for, an effort to influence legislation or
government action or policy; or
(E) attempting to influence any agency action or agency
proceeding, as the terms are defined in section 551 of title
5, United States Code, through--
(i) communication with any government official or employee
who may participate in the action or proceeding (not
including a communication to an appropriate government
official in response to a written request by the official for
factual, scientific, or technical information relating to the
conduct, implementation, or results of promotion, research,
consumer information or education, or industry information of
producer information activities under a promotion program);
(ii) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinions of the general
public or any segment of the general public in connection
with the action or proceeding; or
(iii) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fundraising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with the action or proceeding.
(2) Promotion program.--The term ``promotion program''
means--
(A) the cotton research and promotion program established
under the Cotton Research and Promotion Act (7 U.S.C. 2101 et
seq.);
(B) the potato research, development, advertising, and
promotion program established under the Potato Research and
Promotion Act (7 U.S.C. 2611 et seq.);
(C) the egg research, consumer and producer education, and
promotion program established under the Egg Research and
Consumer Information Act (7 U.S.C. 2701 et seq.);
(D) the beef promotion and research program established
under the Beef Research and Information Act (7 U.S.C. 2901 et
seq.);
(E) the wheat research and nutrition education program
established under the Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.);
[[Page
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(F) the dairy promotion program established under the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.);
(G) the honey research, promotion, and consumer education
program established under the Honey Research, Promotion, and
Consumer Information Act (7 U.S.C. 4601 et seq.);
(H) the pork promotion, research, and consumer information
program established under the Pork Promotion, Research, and
Consumer Information Act (7 U.S.C. 4801 et seq.);
(I) the watermelon research, development, advertising, and
promotion program established under the Watermelon Research
and Promotion Act (7 U.S.C. 4901 et seq.);
(J) the pecan promotion, research, industry information,
and consumer information program established under the Pecan
Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.);
(K) the mushroom promotion, research, and consumer and
industry information program established under the Mushroom
Promotion, Research, and Consumer Information Act of 1990 (7
U.S.C. 6101 et seq.);
(L) the lime research, promotion, and consumer information
program established under the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.);
(M) the soybean promotion, research, consumer information,
and industry information program established under the
Soybean Promotion, Research, and Consumer Information Act (7
U.S.C. 6301 et seq.);
(N) the fluid milk advertising and promotion program
established under the Fluid Milk Promotion Act of 1990 (7
U.S.C. 6401 et seq.);
(O) the flowers and greens promotion, consumer information,
and related research program established under the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6801 et seq.);
(P) the sheep promotion, research, consumer information,
education, and industry information program established under
the Sheep Promotion, Research, and Information Act of 1994 (7
U.S.C. 7101 et seq.); and
(Q) any other coordinated program of promotion, research,
industry information, and consumer information that is funded
by mandatory assessments on producers and designed to
maintain and expand markets and uses for an agricultural
commodity, as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. ____4. INFLUENCING LEGISLATION OR GOVERNMENTAL ACTION OR
POLICY.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of directly or indirectly
influencing legislation or governmental action or policy,
except for the development and recommendation of amendments
to the promotion program to the Secretary.
(b) Conforming Amendments.--
(1) Cotton.--Section 7(h) of the Cotton Research and
Promotion Act (7 U.S.C. 2106(h)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(2) Potatoes.--Section 308(f)(3) of the Potato Research and
Promotion Act (7 U.S.C. 2617(f)(3)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(3) Eggs.--Section 8(h) of the Egg Research and Consumer
Information Act (7 U.S.C. 2707) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(4) Beef.--Section 5(10) of the Beef Research and
Information Act (7 U.S.C. 2904(10)) is amended--
(A) by striking ``influencing governmental action or
policy'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''; and
(B) by inserting ``to the Secretary'' before the period at
the end.
(5) Wheat.--Section 1706(i) of the Wheat and Wheat Foods
Research and Nutrition Education Act (7 U.S.C. 3405(i)) is
amended by striking ``influencing governmental policy or
action'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(6) Dairy.--Section 113(j) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(j)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),''.
(7) Honey.--Section 7(h) of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4606(h)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(8) Pork.--Section 1620(e) of the Pork Promotion, Research,
and Consumer Information Act (7 U.S.C. 4809(e)) is amended by
striking ``influencing legislation'' and all that follows
through the period at the end and inserting the following:
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),
except to recommend amendments to the order to the
Secretary.''.
(9) Watermelons.--Section 1647(g)(3) of the Watermelon
Research and Promotion Act (7 U.S.C. 4906(g)(3)) is amended
by striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(10) Pecans.--Section 1910(g)(1) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6005(g)(1)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``to,'' and inserting ``for the purpose
of,''; and
(ii) by striking ``to--'' and inserting ``for the purpose
of--'';
(B) in paragraph (1), by striking ``influence legislation
or governmental action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)'';
(C) in paragraph (2), by striking ``engage'' and inserting
``engaging''; and
(D) in paragraph (3), by striking ``engage'' and inserting
``engaging''.
(11) Mushrooms.--Section 1925(h) of the Mushroom Promotion,
Research, and Consumer Information Act of 1990 (7 U.S.C.
6104(h)) is amended by striking ``influencing legislation or
governmental action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(12) Limes.--Section 1955(g) of the Lime Research,
Promotion, and Consumer Information Act of 1990 (7 U.S.C.
6204(g)) is amended by striking ``influencing legislation or
governmental policy or action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(13) Soybeans.--Section 1969(p) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6304(p) is
amended--
(A) in paragraph (1), by striking ``influencing legislation
or governmental action or policy'' and inserting ``directly
or indirectly influencing legislation or governmental action
or policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``to the Secretary''
before the semicolon; and
(ii) in subparagraph (B), by inserting ``, in response to a
request made by the officials,'' after ``officials''.
(14) Milk.--Section 1999H(j)(1) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6407(j)(1)) is amended by striking
``influencing legislation or governmental action or policy''
and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(15) Flowers and greens.--Section 5(i) of the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6804(i)) is amended by striking ``influencing
legislation or government action or policy'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(16) Sheep.--Section 5(l)(1) of the Sheep Promotion,
Research, and Information Act of 1994 (7 U.S.C. 7104(l)(1))
is amended by striking ``influencing legislation or
government action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
SEC. ____5. PROMOTING THE IMAGE OF AN INDUSTRY PROHIBITED.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of enhancing the image of an
industry, except that the board or council may promote the
image of a product with the express intent of stimulating
demand for and sales of an agricultural product in the
marketplace.
(b) Conforming Amendments.--
(1) Beef.--Section 3(9) of the Beef Research and
Information Act (7 U.S.C. 2902(9)) is amended by striking ``,
increased efficiency'' and all that follows through
``industry'' and inserting ``and increased efficiency''.
(2) Pecans.--Section 1907(12) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6002(12)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(3) Mushrooms.--Section 1923(7) of the Mushroom Promotion,
Research, and
[[Page
S746]]
Consumer Information Act of 1990 (7 U.S.C. 6103(7)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(4) Soybeans.--Section 1967(7) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6302(7)) is
amended by striking ``, and activities'' and all that follows
through ``industry''.
SEC. ____6. LIMITATIONS ON CONTRACTING.
(a) Permitted Contracts or Agreements.--Notwithstanding any
other provision of law, a board or council established by a
promotion program shall not be limited to contracting with,
or entering into an agreement with, an established national
nonprofit industry-governed organization.
(b) Competitive Bidding.--It is the policy of Congress that
boards and councils should, to the extent practicable, use
competitive bidding in the awarding of contracts and grants
for activities authorized under a promotion program.
(c) Independence of Boards and Councils.--
(1) Applications and recommendations not binding.--
Notwithstanding any other provision of law, a board or
council established by a promotion program shall not be bound
by a proposed application for a board or council contract or
a recommendation or advice of a potential contractor or a
national nonprofit industry-governed organization on the use
of board or council receipts.
(2) Interlocking boards or membership.--Notwithstanding any
other provision of law, no person shall be eligible to be a
member of any board or council established by a promotion
program (including operating and nominating committees) if
the person serves in any decision making capacity, such as
that of a member of the board of directors, executive
committee, or other committee, for an entity that enters into
a contract or other agreement with the board or council.
(3) Requirements for contracting.--A contractor or grantee
of a board or council may not use funds collected through
mandatory assessments under a promotion program to fund any
staff (including expenses or other activities of the staff)
who, in part, engage in 1 or more activities to influence
legislation or governmental action or policy.
(d) Producer Approval of Relationships With Boards or
Councils.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the entering into
of a permanent cooperative arrangement or the establishment
of a joint committee (including an arrangement that is
advisory in nature) by a board or council established by a
promotion program with a national nonprofit industry-governed
organization shall require the prior approval of at least \2/
3\ of the eligible producers under the promotion program.
(2) Exception.--Paragraph (1) shall not apply to a
cooperative arrangement or joint committee--
(A) that was established prior to January 1, 1995; or
(B) that includes representatives or participation from all
producer-, processor-, or handler-governed national nonprofit
organizations (including general farm organizations) that
represent any but an insignificant number of producers,
processors, or handlers paying assessments under the
promotion program to the board or council, as determined by
the Secretary.
(3) Permanent cooperative arrangement.--In this subsection,
the term ``permanent cooperative arrangement'' means a formal
or informal, written or unwritten agreement or understanding
establishing a relationship, a liaison, a sole source
contract, or an operational mechanism under which a board or
council shares staff, facilities, or other resources or
carries out coordinated activities with any entity on a more
or less permanent and exclusive basis.
(e) Fungibility of Board or Council Funds.--
(1) In general.--The Inspector General of the Department of
Agriculture shall conduct an annual review of contractual
arrangements between each board or council established by a
promotion program and any entity or association that engages
in activities to influence legislation or governmental action
or policy and receives a significant amount of funding from
the board or council as determined by the Secretary.
(2) Scope of review.--A review under paragraph (1) shall
examine whether any funds collected by the board or council
are used to directly or indirectly fund or subsidize an
entity or association that engages in influencing legislation
or governmental action or policy.
(3) Report.--The Secretary shall submit a report on the
findings of any review under this subsection and make
recommendations for any actions that should be taken as a
result of the findings to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. ____7. PERIODIC REFERENDA.
(a) In General.--Notwithstanding any other provision of
law, not less than 4 nor more than 6 years after the date of
enactment of this Act or the date on which the Secretary
determines the results of the most recent referendum for a
promotion program, whichever is earlier, and not less than
once every 5 years thereafter, the Secretary shall conduct a
referendum to determine whether to approve or terminate the
order under the promotion program and whether refunds should
be made under the order.
(b) Procedure.--The referendum under subsection (a) shall
be conducted using the same eligibility and other procedures
as the referendum used to approve the original order under
the promotion program, except that, notwithstanding any other
provision of law, no greater than a simple majority of
eligible producers shall be required to approve the making of
refunds to producers.
(c) Termination.--
(1) In general.--If the percentage of persons voting to
approve the order does not equal or exceed the percentage of
persons necessary to approve the continuation of the original
order under the promotion program, the Secretary shall
terminate the order.
(2) Time of termination.--The Secretary shall terminate the
order at the end of the marketing year during which the
referendum is conducted.
(d) Refunds.--If the making of refunds is approved in a
referendum under subsection (a), the Secretary shall
establish a procedure for making the refunds not later than
180 days after the date of the referendum.
(e) Cooperative Association.--Notwithstanding subsection
(b), a cooperative association may not vote on behalf of the
members of the association in a referendum conducted under
this section.
(f) Inactive Promotion Programs.--The Secretary shall not
conduct a referendum of a promotion program under this
section if the Secretary determines that the promotion
program is not active.
____
Amendment No. 3187
At the appropriate place insert the following:
SEC. ____. DAIRY PROMOTION PROGRAM IMPROVEMENT.
(a) Funding of Dairy Promotion and Research Program.--
(1) Declaration of policy.--The first sentence of section
110(b) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4501(b)) is amended--
(A) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(B) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(2) Definitions.--Section 111 of the Act (7 U.S.C. 4502) is
amended--
(A) in subsection (k), by striking ``and'' at the end;
(B) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream and fresh
and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products;
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(2) Funding.--
(A) Representation on board.--Section 113(b) of the Act (7
U.S.C. 4504(b)) is amended--
(i) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively;
(ii) in paragraph (1) (as so designated), by striking
``thirty-six'' and inserting ``38'';
(iii) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Of the members of the Board, 36
members''; and
(iv) by inserting after paragraph (5) (as so designated)
the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The
importer representatives shall be appointed by the Secretary
from nominations submitted by importers under such procedures
as the Secretary determines to be appropriate.''.
(B) Assessment.--Section 113(g) of the Act is amended--
(i) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively; and
(ii) by adding at the end the following new paragraph:
``(6)(A) The order shall provide that each importer of
imported dairy products shall pay an assessment to the Board
in the manner prescribed by the order.
``(B) The rate of assessment on imported dairy products
shall be determined in the same manner as the rate of
assessment per hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on
imports under subparagraph (B), the value to be placed on
imported dairy products shall be established by the Secretary
in a fair and equitable manner.''.
(C) Records.--The first sentence of section 113(k) of the
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person
receiving''.
(D) Referendum.--Section 116 of the Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group
comprising 10 percent or more of the number of producers
subject to the order, the Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the
amendments made by section 2 of the Dairy Promotion Program
Improvement Act of 1995; and
[[Page
S747]]
``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the
Secretary determines that suspension of the application of
the amendments is favored by a majority of the producers
voting in the referendum who, during a representative period
(as determined by the Secretary), have been engaged in the
production of milk for commercial use.''.
(b) Periodic Referenda.--Section 115(a) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4506(a)) is
amended--
(1) in the first sentence, by striking ``Within the sixty-
day period immediately preceding September 30, 1985'' and
inserting ``Every 5 years''; and
(2) in the second sentence, by striking ``six months'' and
inserting ``3 months''.
(c) Prohibition on Bloc Voting.--Section 117 of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4508) is
amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences.
____
Amendment No. 3188
At the appropriate place insert the following:
SEC. . LOCATION ADJUSTMENTS FOR MINIMUM PRICES FOR CLASS I
MILK
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended--
(1) in paragraph (A)--
(A) in clause (3) of the second sentence, by inserting
after ``the locations'' the following: ``within a marketing
area subject to the order''; and
(B) by striking the last 2 sentences and inserting the
following: ``Notwithstanding paragraph (18) or any other
provision of law, when fixing minimum prices for milk of the
highest use classification in a marketing area subject to an
order under this subsection, the Secretary may not, directly
or indirectly, base the prices on the distance from, or all
or part of the costs incurred to transport milk to or from,
any location that is not within the marketing area subject to
the order, unless milk from the location constitutes at least
50 percent of the total supply of milk of the highest use
classification in the marketing area. The Secretary shall
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on the criteria that are used as
the basis for the minimum prices referred to in the preceding
sentence, including a certification that the minimum prices
are made in accordance with the preceding sentence.''; and
(2) in paragraph (B)(c), by inserting after ``the
locations'' the following: ``within a marketing area subject
to the order''.
____
Amendment No. 3189
At the appropriate place insert the following:
SEC. . MILK MANUFACTURING MARKETING ADJUSTMENT.
Subsections (a) and (b) of section 102 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
1446e-1) are amended to read as follows:
``(a) Definitions.--In this section:
``(1) Federal make allowance.--The term `Federal make
allowance' means the allowance for the processing of milk
that is permitted under a Federal program to establish a
Grade A price for manufacturing butter, nonfat dry milk, or
cheese.
``(2) Person.--The term `person' includes a cooperative.
``(3) State make allowance.--The term `State make
allowance' means the allowance for the processing of milk
that is permitted by a State for manufacturing butter, nonfat
dry milk, or cheese.
``(b) Milk Manufacturing Marketing Adjustment.--
Notwithstanding any other provision of law, if a person
collects a State make allowance that is higher than the
Federal make allowance and the milk or product of milk that
is subject to the allowance is purchased by the Commodity
Credit Corporation, regardless of the point of sale, the
Corporation shall reduce the support purchase price for the
milk and each product of the milk by an amount that is equal
to the difference between the State make allowance and the
Federal make allowance for the milk and product, as
determined by the Secretary of Agriculture.''.
____
Amendment No. 3190
At the appropriate place insert the following:
SEC. . SPECIAL RESEARCH GRANTS PROGRAM.
(a) In General.--Section 2(c)(2) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
450i(c)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) unless the project to receive the grant has been
subject to a competitive selection process and a scientific
peer review evaluation by qualified scientists in the Federal
Government, colleges and universities, State agricultural
experiment stations, and the private sector.''.
(b) Application.--The amendments made by subsection (a)
shall apply only in the case of a project that has not been
specifically authorized, or for which no funds have been made
available, as of the date of enactment of this Act.
____
Amendment No. 3191
At the appropriate place insert the following:
SEC. 7. COMPETITIVE MATCHING GRANT PROGRAM FOR APPLIED
RESEARCH.
(a) Purpose.--The purpose of this section is to convert the
current special grants program administered by the Secretary
under subsection (c) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(c)) into a
competitive matching grant program for applied research in
coordination with the research priorities outlined in section
1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101).
(b) Title Changes.--The Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i) is amended--
(1) In the section heading, by striking ``, SPECIAL, AND
FACILITIES'' after ``COMPETITIVE'';
(2) In subsection (a)(2), by striking ``, Special, and
Facilities'' after ``Competitive''; and
(3) In the heading of subsection (b) by striking
``Competitive'' and inserting ``National research
initiative''.
(c) Competitive Grant Program for Applied Research.--
Section 2(c) (7 U.S.C. 450i)(c)) is amended--
(1) In the heading, by striking ``Special Grants'' and
inserting ``Competitive Grants for Applied Research'';
(2) In paragraph (1) by striking ''grants,'' and all that
follows, including subparagraphs (A) and (B), and inserting
``competitive grants for applied research in the research
priority areas identified in section 1402 of National
Agricultural Research, Extension, and Teaching Policy Act of
1977.'';
(3) In paragraph (3), by striking all that follows
``matching funds.--'' and inserting ``The Secretary may
establish such matching requirements for grants made pursuant
to this section as the Secretary deems appropriate. Such
matching requirements established by the Secretary may be met
with unreimbursed indirect costs and in-kind contributions,
except that the Secretary may include an evaluation
preference for projects for which the applicant proposes
funds for the direct costs of the project to meet the
required match.''; and
(4) In paragraph (4), by striking all text after ``(4)''
and inserting ``eligible institutions.--For purposes of this
subsection, ``eligible institutions'' mean State agricultural
experiment stations, land-grant colleges and universities,
research foundations established by land-grant colleges and
universities, colleges and universities receiving funds under
the Act of October 10, 1962 (16 U.S.C. 582a, et seq.), and
accredited schools or colleges of veterinary medicine.''.
______
DOMENICI AMENDMENT NO. 3192
(Ordered to lie on the table.)
Mr. DOMENICI submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
On page 52, line 16, strike ``New Mexico.'' and insert the
following: ``New Mexico and that, in the case of the 1996 and
subsequent crops, Valencia peanuts not physically produced in
the State shall not be eligible to participate in the pools
of the State, except that a resident of the State who entered
a quantity of Valencia peanuts physically produced outside
the State in the pools of the State during the 1995 crop year
shall be eligible to enter not more than the same quantity of
Valencia peanuts physically produced outside the State in the
pools of the State.''
______
STEVENS (AND MURKOWSKI) AMENDMENTS NOS. 3193-3194
Mr. STEVENS (for himself and Mr. Murkowski) submitted two amendments
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra, as follows:
Amendment No. 3193
At the appropriate place in the amendment, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
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S748]]
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
____
Amendment No. 3194
At the appropriate place in the substitute, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
______
BRYAN AMENDMENTS NOS. 3195-3198
(Ordered to lie on the table.)
Mr. BRYAN submitted four amendments intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Amendment No. 3195
In Title I, strike the section 107 beginning on page 1-67,
line 1 through page 1-73, line 11.
____
Amendment No. 3196
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$2,000,000'' where appropriate.
____
Amendment No. 3197
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$70,000,000'' where
appropriate.
____
Amendment No. 3198
In Title I, strike the section 106 beginning on page 1-50,
line 6 through page 1-66, line 24.
______
BAUCUS AMENDMENT NO. 3199
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amend section 110 by adding the following at the end:
(d) Nonrecourse Marketing Assistance Loans and Loan
Deficiency Payments.--In the case of the 2003 and subsequent
crops of wheat and feed grains, the Secretary shall provide
marketing loans to producers of such crops.
(1) Availability of nonrecourse loans.--
(A) Availability.--For each of the 1996 through 2002 crops,
the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for wheat and feed
grains produced on the farm. The loans shall be made under
the terms and conditions that are prescribed by the Secretary
and at the loan rate established under subsection (2) for the
commodity.
(B) Eligible production.--The following production shall be
eligible for a marketing assistance loan under this section:
(i) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(2) Loan rates.--
(A) Wheat.--
(i) Loan rate.--The loan rate for wheat shall be--
(I) not less than 90 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
five preceding 5 crops of wheat, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period.
(B) Feed grains.--
(i) Loan rate.--The loan rate for a marketing assistance
loan for corn shall be--
(I) not less than 90 percent of the simple average price
received by producers of corn as determined by the Secretary,
during the marketing years for the immediately five preceding
5 crops of corn, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period.
(II) Other feed grains.--The loan for a marketing
assistance loan for grain sorghum, barley, and oats,
respectively, shall be established at such level as the
Secretary determines is fair and reasonable in relation to
the rate that loans are made available for corn, taking into
consideration the feeding value of commodity in relation to
corn.
(3) Term of loan.--In the case of wheat and feed grains, a
marketing assistance loan under subsection (a) shall have a
term of 9 months beginning on the first day of the first
month after the month in which the loan is made.
(4) Repayment.--
(A) Repayment rates for wheat and feed grains.--The
Secretary shall permit a producer to repay a marketing
assistance loan under subsection (a) for wheat, corn, grain
sorghum, barley, and oats at a level that the Secretary
determines will--
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of the commodities
by the Federal Government;
(iii) minimize the costs incurred by the Federal Government
in storing the commodities; and
(iv) allow the commodities produced in the United States to
be marketed freely and competitively, both domestically and
internationally.
(5) Loan deficiency payments.--
(A) Availability.--The Secretary may make loan deficiency
payments available to producers who, although ineligible to
obtain a marketing assistance loan under subsection (a) with
respect to a loan commodity, agree to forego obtaining the
loan for the commodity in return for payments under this
subsection.
(B) Computation.--A loan deficiency payment shall be
computed by multiplying--
(i) the loan payment rate under paragraph (3) for the loan
commodity; by
(ii) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forego obtaining the loan in return for payments
under this subsection.
(C) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(i) the loan rate established under subsection (2) for the
loan commodity; exceeds
(ii) the rate at which a loan for the commodity may be
repaid under subsection (d).
(6) Source of loans.--
(A) In general.--The Secretary shall provide the loans
authorized by this section and the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) through the Commodity
Credit Corporation and other means available to the
Secretary.
(B) Processors.--Whenever any loan or surplus removal for
any agricultural commodity is carried out through purchases
from or loans or payments to processors, the Secretary shall,
to the extent practicable, obtain from the processors such
assurances as the Secretary considers adequate that the
producers of the commodity have received or will receive the
maximum benefit from the loan or surplus removal operation.
(7) Adjustments of loans.--
(A) In general.--The Secretary may make appropriate
adjustments in the loan levels for differences in grade,
type, quality, location, and other factors.
(B) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section or the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.).
(8) Personal liability of producers for deficiencies.--
(A) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section or the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et. seq.), unless the
loan was obtained through a fraudulent representation by the
producer.
(B) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
the producer to assume liability for--
(i) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(ii) a failure to properly care for and preserve a
commodity; or
(iii) a failure or refusal to deliver a commodity in
accordance with a program established under this section or
the Agricultural Adjustment Act of 1938.
(C) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
or the Agricultural Adjustment Act of 1938 a provision that
permits the Commodity Credit Corporation, on and after the
maturity of the loan or any extension of the loan, to acquire
title to the unredeemed collateral without obligation to pay
for any market value that the collateral may have in excess
of the loan indebtedness.
(D) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets from
which the sugar was derived.
(9) Exception.--Notwithstanding the provisions of the
previous section, the provisions of this section shall be
applicable to 1996 through 2002 crops if the provisions of
title I of this Act are rendered inapplicable to such crops
of wheat and feed grains.
______
EXON AMENDMENT NO. 3200
(Ordered to lie on the table.)
[[Page
S749]]
Mr. EXON submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Section 110 is amended by adding at the end the following:
``(d) Permanent Law.--Title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301 et seq.) is amended by
adding after section 307 the following:
`SEC. 308. MARKETING LOANS.
`(a) In General.--Except as provided in subsection (c) in
the case of the 1996 and subsequent crops, the Secretary
shall make available to producers on a farm a nonrecourse
marketing assistance loan for crops of wheat, feed grains,
upland cotton, rice, and oilseeds (hereafter referred ``loan
crops'') produced on the farm. The loans shall be made under
terms and conditions that are prescribed by the Secretary and
at the loan rate established under subsection (b).
`(b) Loan Rate.--The loan rate shall be not less than 95
percent of the simple average price received by producers of
loan crops, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops for the
specific loan crop.
`(c) Suspension.--The provisions of this section are
suspended for the 1996 through 2002 crops of wheat, feed
grains, upland cotton, rice, and oilseeds.' ''
______
BAUCUS AMENDMENT NO. 3201
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
At the appropriate place, insert the following:
``Notwithstanding the provisions of the Federal Crop
Insurance Act, the Secretary shall ensure that crop insurance
is made available to producers so that protection at the 75
percent level of coverage shall be available at the rate for
which coverage at the 65 percent level is available on the
date prior to the date of enactment.''
______
GREGG (AND OTHERS) AMENDMENT NO. 3202
(Ordered to lie on the table.)
Mr. GREGG (for himself, Mr. Reid, Mr. Santorum, and Mrs. Feinstein)
submitted an amendment intended to be proposed by them to amendment No.
3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as follows:
Strike section 107 on page 70.
______
WELLSTONE AMENDMENTS NOS. 3203-3204
(Ordered to lie on the table.)
Mr. WELLSTONE submitted two amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra;
as follows:
Amendment No. 3203
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, and oilseeds, the Secretary
shall attribute payments specified in section 1001 of Food
Security Act of 1985 to persons who receive the payments
directly, and attribute payments received by entities to the
individuals who own such entities in proportion to their
ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Guarantee
Authority.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment wheat and feed grains provided in
section 103 for each fiscal year by $80,000,000; and
``(2) use such savings generated in paragraph (1) to carry
out a program to issue guarantee against the risk of non-
payment arising out of loans taken out by agricultural
producers to finance the purchase of stock or membership
capital in cooperative associations engaged in value added,
food, or industrial-use processing of agricultural
commodities.''
____
Amendment No. 3204
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, upland cotton, rice, and
oilseeds, the Secretary shall attribute payments specified in
section 1001 of Food Security Act of 1985 to persons who
receive the payments directly, and attribute payments
received by entities to the individuals who own such entities
in proportion to their ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Rate
Caps.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment Account provided in section 103 for each
fiscal year by $140,000,000; and
``(2) increase the loan rate caps in section 104 as
follows:
``(A) $3.25 per bushel for wheat;
``(B) $2.25 per bushel for corn;
``(C) $0.60 per pound for upland cotton;
``(D) $7.00 per hunderweight for rice;
``(E) $5.10 per bushel for soybeans; and
``(F) $.10 per pound for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed.''
______
MOYNIHAN (AND MIKULSKI) AMENDMENT NO. 3205
(Ordered to lie on the table.)
Mr. MOYNIHAN (for himself and Ms. Mikulski) submitted an amendment
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra; as follows:
On page 1-73, strike line 9 and insert the following:
(i) Emergency Relief for Sugarcane Refiners.--Section
902(a) of the Food Security Act of 1985 (Public Law 99-198; 7
U.S.C. 1446g note) is amended by adding at the end the
following: ``The Secretary of Agriculture shall permit the
importation of additional raw cane sugar, from individuals
who held quotas under part VII of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et
seq.) on the day before the date of enactment of the
Agricultural Market Transition Act, during such time as the
Secretary determines that the domestic price of raw cane
sugar exceeds 115 percent of the loan rate determined under
section 107 of the Agricultural Market Transition Act.''.
(j) Crops.--This section (other than subsections (h) and
(i)).
______
DORGAN AMENDMENTS NOS. 3206-3207
(Ordered to lie on the table.)
Mr. DORGAN submitted two amendments intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amendment No. 3206
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Agricultural Act of
1996.''.
SEC. 2. FINDINGS.
The Congress findings that failure to enact timely
legislation extending farm and related programs will:
(a) Cause economic uncertainty to family farmers across the
country who represent the backbone of American Agriculture;
(b) Create instability in commodity markets;
(c) Result in lost export markets for U.S. agricultural
commodities; and
(d) Prevent the Secretary of Agriculture from administering
such programs in an orderly and efficient manner.
SEC. 3. AUTHORITY FOR 1996 AGRICULTURAL PROGRAMS.
(a) In General.--Notwithstanding any other provisions of
law except as provided in this Act and the amendments made by
this Act, the provisions of the Agricultural Adjustment of
1938 (7 U.S.C. 1281 et seq.), the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.), the Food Security Act of 1985 (Public
Law 99-198), and the Food, Agriculture, Conservation and
Trade Act of 1990 (Public Law 101-624) and each program that
was authorized or reauthorized by any of the Acts, that were
applicable on September 30, 1995, shall be applicable for
1996.
(b) Flexibility.--Amend section 504 of the Agricultural Act
of 1949 (7 U.S.C. 1464) by--
(1) Striking subsections (c), (d), and (e) and inserting
the following:
``(c) Non-Payment Acres.--In the case of the 1996 crops,
any crop or conserving crop specified in subsection (b)(1)
may be planted on the acres of a crop acreage base that is
not eligible for payment under this Act.'';
``(d) Loan Eligibility.--In the case of the 1996 crops,
producers on a farm with crop acreage base may plant any
program crop on the crop acreage base and shall be eligible
to receive purchases, loans, and loan deficiency payments for
the program crop.''.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Payments.--Section 114(a)(2) of the Agricultural Act of
1949 (7 U.S.C. 1445(j)(a)(2)) is amended by adding at the end
the following:
``(K) 1995 disasters.--In the case of the producers who
were prevented from planting, or incurred a reduced yield of
20 percent or more of, the 1995 crop due to weather or
related condition, the Secretary may settle claims for the
repayment by producers required under subparagraph (G) or (H)
on terms determined by the Secretary to be fair and
equitable, except that no claim shall be reduced by more than
$3,500.''
(b) Conservation.--Section 1231(b)(4) of the Food Security
Act of 1985 (16 U.S.C. 3831(b)(4)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) if the Secretary determines that such lands will be
used to store water for flood control in a closed basin.''
(c) Advanced Payments.--
[[Page
S750]]
(1) In general.--In the case of 1996 crops, advanced
payments shall be made in accordance with the formula
described in paragraph (2).
(2) Formula.--Payments authorized under this subsection
shall be based on a rate equal to 50 percent of the average
deficiency payment rate for the 1990 through 1994 crops
Amendments:
Cosponsors:
AMENDMENTS SUBMITTED
Sponsor:
Summary:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - February 01, 1996)
Text of this article available as:
TXT
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[Pages
S744-S859]
AMENDMENTS SUBMITTED
______
THE AGRICULTURAL MARKET TRANSITION ACT OF 1996
______
FEINGOLD AMENDMENTS NOS. 3186-3191
(Ordered to lie on the table.)
Mr. FEINGOLD submitted six amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill (
S. 1541) to
extend, reform, and improve agricultural commodity, trade,
conservation, and other programs, and for other purposes; as follows:
Amendment No. 3186
At the appropriate place insert the following:
Subtitle ____--Agricultural Promotion Accountability
SEC. ____1. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Promotion
Accountability Act of 1996''.
SEC. ____2. PURPOSE.
The purpose of this subtitle is to make agricultural
promotion boards and councils more responsive to producers
whose mandatory assessments support the activities of such
boards and councils, to improve the representation and
participation of such producers on such boards and councils,
to ensure the independence of such boards and councils, to
ensure the appropriate use of promotion funds, and to prevent
legislatively authorized agricultural promotion and research
boards from using mandatory assessments to directly or
indirectly influence legislation or governmental action or
policy.
SEC. ____3. DEFINITIONS.
In this subtitle:
(1) Influencing legislation or governmental action or
policy.--The term ``influencing legislation or governmental
action or policy'' includes--
(A) establishing, administering, contributing to, or paying
the expenses of a political party campaign, political action
committee, or other organization established for the purpose
of influencing the outcome of an election;
(B) attempting to influence--
(i) the outcome of any Federal, State or local election,
referendum, initiative, or similar procedure through a cash
contribution, in-kind contribution, endorsement, publicity or
public relations activity or similar activity;
(ii) the introduction, modification, or enactment of any
Federal or State legislation or signature or veto of any
enrolled Federal or State legislation, including through--
(I) communication with any member or employee of a
legislative body or agency or with any governmental official
or employee who may participate in the formulation of the
legislation, including engaging State or local officials in
similar activity (not including a communication to an
appropriate government official in response to a written
request by the official for factual, scientific, or technical
information relating to the conduct, implementation, or
results of promotion, research, consumer information and
education, industry information, or producer information
activities under a promotion program);
(II) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinion of the general
public or a segment of the public in connection with a
pending legislative matter; or
(III) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fund-raising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with a pending legislative matter;
(C) carrying out a legislative liaison activity, including
attendance at a legislative session or committee hearing to
gather information regarding legislation or to analyze the
effect of legislation, if the activity is carried on in
support of, or in knowing preparation for, an effort to
influence legislation or government action or policy;
(D) carrying out an opinion survey of the general public or
a segment of the public, general research, or information
gathering, if carried out in support of, or in knowing
preparation for, an effort to influence legislation or
government action or policy; or
(E) attempting to influence any agency action or agency
proceeding, as the terms are defined in section 551 of title
5, United States Code, through--
(i) communication with any government official or employee
who may participate in the action or proceeding (not
including a communication to an appropriate government
official in response to a written request by the official for
factual, scientific, or technical information relating to the
conduct, implementation, or results of promotion, research,
consumer information or education, or industry information of
producer information activities under a promotion program);
(ii) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinions of the general
public or any segment of the general public in connection
with the action or proceeding; or
(iii) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fundraising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with the action or proceeding.
(2) Promotion program.--The term ``promotion program''
means--
(A) the cotton research and promotion program established
under the Cotton Research and Promotion Act (7 U.S.C. 2101 et
seq.);
(B) the potato research, development, advertising, and
promotion program established under the Potato Research and
Promotion Act (7 U.S.C. 2611 et seq.);
(C) the egg research, consumer and producer education, and
promotion program established under the Egg Research and
Consumer Information Act (7 U.S.C. 2701 et seq.);
(D) the beef promotion and research program established
under the Beef Research and Information Act (7 U.S.C. 2901 et
seq.);
(E) the wheat research and nutrition education program
established under the Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.);
[[Page
S745]]
(F) the dairy promotion program established under the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.);
(G) the honey research, promotion, and consumer education
program established under the Honey Research, Promotion, and
Consumer Information Act (7 U.S.C. 4601 et seq.);
(H) the pork promotion, research, and consumer information
program established under the Pork Promotion, Research, and
Consumer Information Act (7 U.S.C. 4801 et seq.);
(I) the watermelon research, development, advertising, and
promotion program established under the Watermelon Research
and Promotion Act (7 U.S.C. 4901 et seq.);
(J) the pecan promotion, research, industry information,
and consumer information program established under the Pecan
Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.);
(K) the mushroom promotion, research, and consumer and
industry information program established under the Mushroom
Promotion, Research, and Consumer Information Act of 1990 (7
U.S.C. 6101 et seq.);
(L) the lime research, promotion, and consumer information
program established under the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.);
(M) the soybean promotion, research, consumer information,
and industry information program established under the
Soybean Promotion, Research, and Consumer Information Act (7
U.S.C. 6301 et seq.);
(N) the fluid milk advertising and promotion program
established under the Fluid Milk Promotion Act of 1990 (7
U.S.C. 6401 et seq.);
(O) the flowers and greens promotion, consumer information,
and related research program established under the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6801 et seq.);
(P) the sheep promotion, research, consumer information,
education, and industry information program established under
the Sheep Promotion, Research, and Information Act of 1994 (7
U.S.C. 7101 et seq.); and
(Q) any other coordinated program of promotion, research,
industry information, and consumer information that is funded
by mandatory assessments on producers and designed to
maintain and expand markets and uses for an agricultural
commodity, as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. ____4. INFLUENCING LEGISLATION OR GOVERNMENTAL ACTION OR
POLICY.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of directly or indirectly
influencing legislation or governmental action or policy,
except for the development and recommendation of amendments
to the promotion program to the Secretary.
(b) Conforming Amendments.--
(1) Cotton.--Section 7(h) of the Cotton Research and
Promotion Act (7 U.S.C. 2106(h)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(2) Potatoes.--Section 308(f)(3) of the Potato Research and
Promotion Act (7 U.S.C. 2617(f)(3)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(3) Eggs.--Section 8(h) of the Egg Research and Consumer
Information Act (7 U.S.C. 2707) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(4) Beef.--Section 5(10) of the Beef Research and
Information Act (7 U.S.C. 2904(10)) is amended--
(A) by striking ``influencing governmental action or
policy'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''; and
(B) by inserting ``to the Secretary'' before the period at
the end.
(5) Wheat.--Section 1706(i) of the Wheat and Wheat Foods
Research and Nutrition Education Act (7 U.S.C. 3405(i)) is
amended by striking ``influencing governmental policy or
action'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(6) Dairy.--Section 113(j) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(j)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),''.
(7) Honey.--Section 7(h) of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4606(h)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(8) Pork.--Section 1620(e) of the Pork Promotion, Research,
and Consumer Information Act (7 U.S.C. 4809(e)) is amended by
striking ``influencing legislation'' and all that follows
through the period at the end and inserting the following:
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),
except to recommend amendments to the order to the
Secretary.''.
(9) Watermelons.--Section 1647(g)(3) of the Watermelon
Research and Promotion Act (7 U.S.C. 4906(g)(3)) is amended
by striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(10) Pecans.--Section 1910(g)(1) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6005(g)(1)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``to,'' and inserting ``for the purpose
of,''; and
(ii) by striking ``to--'' and inserting ``for the purpose
of--'';
(B) in paragraph (1), by striking ``influence legislation
or governmental action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)'';
(C) in paragraph (2), by striking ``engage'' and inserting
``engaging''; and
(D) in paragraph (3), by striking ``engage'' and inserting
``engaging''.
(11) Mushrooms.--Section 1925(h) of the Mushroom Promotion,
Research, and Consumer Information Act of 1990 (7 U.S.C.
6104(h)) is amended by striking ``influencing legislation or
governmental action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(12) Limes.--Section 1955(g) of the Lime Research,
Promotion, and Consumer Information Act of 1990 (7 U.S.C.
6204(g)) is amended by striking ``influencing legislation or
governmental policy or action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(13) Soybeans.--Section 1969(p) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6304(p) is
amended--
(A) in paragraph (1), by striking ``influencing legislation
or governmental action or policy'' and inserting ``directly
or indirectly influencing legislation or governmental action
or policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``to the Secretary''
before the semicolon; and
(ii) in subparagraph (B), by inserting ``, in response to a
request made by the officials,'' after ``officials''.
(14) Milk.--Section 1999H(j)(1) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6407(j)(1)) is amended by striking
``influencing legislation or governmental action or policy''
and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(15) Flowers and greens.--Section 5(i) of the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6804(i)) is amended by striking ``influencing
legislation or government action or policy'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(16) Sheep.--Section 5(l)(1) of the Sheep Promotion,
Research, and Information Act of 1994 (7 U.S.C. 7104(l)(1))
is amended by striking ``influencing legislation or
government action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
SEC. ____5. PROMOTING THE IMAGE OF AN INDUSTRY PROHIBITED.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of enhancing the image of an
industry, except that the board or council may promote the
image of a product with the express intent of stimulating
demand for and sales of an agricultural product in the
marketplace.
(b) Conforming Amendments.--
(1) Beef.--Section 3(9) of the Beef Research and
Information Act (7 U.S.C. 2902(9)) is amended by striking ``,
increased efficiency'' and all that follows through
``industry'' and inserting ``and increased efficiency''.
(2) Pecans.--Section 1907(12) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6002(12)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(3) Mushrooms.--Section 1923(7) of the Mushroom Promotion,
Research, and
[[Page
S746]]
Consumer Information Act of 1990 (7 U.S.C. 6103(7)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(4) Soybeans.--Section 1967(7) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6302(7)) is
amended by striking ``, and activities'' and all that follows
through ``industry''.
SEC. ____6. LIMITATIONS ON CONTRACTING.
(a) Permitted Contracts or Agreements.--Notwithstanding any
other provision of law, a board or council established by a
promotion program shall not be limited to contracting with,
or entering into an agreement with, an established national
nonprofit industry-governed organization.
(b) Competitive Bidding.--It is the policy of Congress that
boards and councils should, to the extent practicable, use
competitive bidding in the awarding of contracts and grants
for activities authorized under a promotion program.
(c) Independence of Boards and Councils.--
(1) Applications and recommendations not binding.--
Notwithstanding any other provision of law, a board or
council established by a promotion program shall not be bound
by a proposed application for a board or council contract or
a recommendation or advice of a potential contractor or a
national nonprofit industry-governed organization on the use
of board or council receipts.
(2) Interlocking boards or membership.--Notwithstanding any
other provision of law, no person shall be eligible to be a
member of any board or council established by a promotion
program (including operating and nominating committees) if
the person serves in any decision making capacity, such as
that of a member of the board of directors, executive
committee, or other committee, for an entity that enters into
a contract or other agreement with the board or council.
(3) Requirements for contracting.--A contractor or grantee
of a board or council may not use funds collected through
mandatory assessments under a promotion program to fund any
staff (including expenses or other activities of the staff)
who, in part, engage in 1 or more activities to influence
legislation or governmental action or policy.
(d) Producer Approval of Relationships With Boards or
Councils.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the entering into
of a permanent cooperative arrangement or the establishment
of a joint committee (including an arrangement that is
advisory in nature) by a board or council established by a
promotion program with a national nonprofit industry-governed
organization shall require the prior approval of at least \2/
3\ of the eligible producers under the promotion program.
(2) Exception.--Paragraph (1) shall not apply to a
cooperative arrangement or joint committee--
(A) that was established prior to January 1, 1995; or
(B) that includes representatives or participation from all
producer-, processor-, or handler-governed national nonprofit
organizations (including general farm organizations) that
represent any but an insignificant number of producers,
processors, or handlers paying assessments under the
promotion program to the board or council, as determined by
the Secretary.
(3) Permanent cooperative arrangement.--In this subsection,
the term ``permanent cooperative arrangement'' means a formal
or informal, written or unwritten agreement or understanding
establishing a relationship, a liaison, a sole source
contract, or an operational mechanism under which a board or
council shares staff, facilities, or other resources or
carries out coordinated activities with any entity on a more
or less permanent and exclusive basis.
(e) Fungibility of Board or Council Funds.--
(1) In general.--The Inspector General of the Department of
Agriculture shall conduct an annual review of contractual
arrangements between each board or council established by a
promotion program and any entity or association that engages
in activities to influence legislation or governmental action
or policy and receives a significant amount of funding from
the board or council as determined by the Secretary.
(2) Scope of review.--A review under paragraph (1) shall
examine whether any funds collected by the board or council
are used to directly or indirectly fund or subsidize an
entity or association that engages in influencing legislation
or governmental action or policy.
(3) Report.--The Secretary shall submit a report on the
findings of any review under this subsection and make
recommendations for any actions that should be taken as a
result of the findings to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. ____7. PERIODIC REFERENDA.
(a) In General.--Notwithstanding any other provision of
law, not less than 4 nor more than 6 years after the date of
enactment of this Act or the date on which the Secretary
determines the results of the most recent referendum for a
promotion program, whichever is earlier, and not less than
once every 5 years thereafter, the Secretary shall conduct a
referendum to determine whether to approve or terminate the
order under the promotion program and whether refunds should
be made under the order.
(b) Procedure.--The referendum under subsection (a) shall
be conducted using the same eligibility and other procedures
as the referendum used to approve the original order under
the promotion program, except that, notwithstanding any other
provision of law, no greater than a simple majority of
eligible producers shall be required to approve the making of
refunds to producers.
(c) Termination.--
(1) In general.--If the percentage of persons voting to
approve the order does not equal or exceed the percentage of
persons necessary to approve the continuation of the original
order under the promotion program, the Secretary shall
terminate the order.
(2) Time of termination.--The Secretary shall terminate the
order at the end of the marketing year during which the
referendum is conducted.
(d) Refunds.--If the making of refunds is approved in a
referendum under subsection (a), the Secretary shall
establish a procedure for making the refunds not later than
180 days after the date of the referendum.
(e) Cooperative Association.--Notwithstanding subsection
(b), a cooperative association may not vote on behalf of the
members of the association in a referendum conducted under
this section.
(f) Inactive Promotion Programs.--The Secretary shall not
conduct a referendum of a promotion program under this
section if the Secretary determines that the promotion
program is not active.
____
Amendment No. 3187
At the appropriate place insert the following:
SEC. ____. DAIRY PROMOTION PROGRAM IMPROVEMENT.
(a) Funding of Dairy Promotion and Research Program.--
(1) Declaration of policy.--The first sentence of section
110(b) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4501(b)) is amended--
(A) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(B) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(2) Definitions.--Section 111 of the Act (7 U.S.C. 4502) is
amended--
(A) in subsection (k), by striking ``and'' at the end;
(B) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream and fresh
and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products;
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(2) Funding.--
(A) Representation on board.--Section 113(b) of the Act (7
U.S.C. 4504(b)) is amended--
(i) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively;
(ii) in paragraph (1) (as so designated), by striking
``thirty-six'' and inserting ``38'';
(iii) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Of the members of the Board, 36
members''; and
(iv) by inserting after paragraph (5) (as so designated)
the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The
importer representatives shall be appointed by the Secretary
from nominations submitted by importers under such procedures
as the Secretary determines to be appropriate.''.
(B) Assessment.--Section 113(g) of the Act is amended--
(i) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively; and
(ii) by adding at the end the following new paragraph:
``(6)(A) The order shall provide that each importer of
imported dairy products shall pay an assessment to the Board
in the manner prescribed by the order.
``(B) The rate of assessment on imported dairy products
shall be determined in the same manner as the rate of
assessment per hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on
imports under subparagraph (B), the value to be placed on
imported dairy products shall be established by the Secretary
in a fair and equitable manner.''.
(C) Records.--The first sentence of section 113(k) of the
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person
receiving''.
(D) Referendum.--Section 116 of the Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group
comprising 10 percent or more of the number of producers
subject to the order, the Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the
amendments made by section 2 of the Dairy Promotion Program
Improvement Act of 1995; and
[[Page
S747]]
``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the
Secretary determines that suspension of the application of
the amendments is favored by a majority of the producers
voting in the referendum who, during a representative period
(as determined by the Secretary), have been engaged in the
production of milk for commercial use.''.
(b) Periodic Referenda.--Section 115(a) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4506(a)) is
amended--
(1) in the first sentence, by striking ``Within the sixty-
day period immediately preceding September 30, 1985'' and
inserting ``Every 5 years''; and
(2) in the second sentence, by striking ``six months'' and
inserting ``3 months''.
(c) Prohibition on Bloc Voting.--Section 117 of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4508) is
amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences.
____
Amendment No. 3188
At the appropriate place insert the following:
SEC. . LOCATION ADJUSTMENTS FOR MINIMUM PRICES FOR CLASS I
MILK
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended--
(1) in paragraph (A)--
(A) in clause (3) of the second sentence, by inserting
after ``the locations'' the following: ``within a marketing
area subject to the order''; and
(B) by striking the last 2 sentences and inserting the
following: ``Notwithstanding paragraph (18) or any other
provision of law, when fixing minimum prices for milk of the
highest use classification in a marketing area subject to an
order under this subsection, the Secretary may not, directly
or indirectly, base the prices on the distance from, or all
or part of the costs incurred to transport milk to or from,
any location that is not within the marketing area subject to
the order, unless milk from the location constitutes at least
50 percent of the total supply of milk of the highest use
classification in the marketing area. The Secretary shall
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on the criteria that are used as
the basis for the minimum prices referred to in the preceding
sentence, including a certification that the minimum prices
are made in accordance with the preceding sentence.''; and
(2) in paragraph (B)(c), by inserting after ``the
locations'' the following: ``within a marketing area subject
to the order''.
____
Amendment No. 3189
At the appropriate place insert the following:
SEC. . MILK MANUFACTURING MARKETING ADJUSTMENT.
Subsections (a) and (b) of section 102 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
1446e-1) are amended to read as follows:
``(a) Definitions.--In this section:
``(1) Federal make allowance.--The term `Federal make
allowance' means the allowance for the processing of milk
that is permitted under a Federal program to establish a
Grade A price for manufacturing butter, nonfat dry milk, or
cheese.
``(2) Person.--The term `person' includes a cooperative.
``(3) State make allowance.--The term `State make
allowance' means the allowance for the processing of milk
that is permitted by a State for manufacturing butter, nonfat
dry milk, or cheese.
``(b) Milk Manufacturing Marketing Adjustment.--
Notwithstanding any other provision of law, if a person
collects a State make allowance that is higher than the
Federal make allowance and the milk or product of milk that
is subject to the allowance is purchased by the Commodity
Credit Corporation, regardless of the point of sale, the
Corporation shall reduce the support purchase price for the
milk and each product of the milk by an amount that is equal
to the difference between the State make allowance and the
Federal make allowance for the milk and product, as
determined by the Secretary of Agriculture.''.
____
Amendment No. 3190
At the appropriate place insert the following:
SEC. . SPECIAL RESEARCH GRANTS PROGRAM.
(a) In General.--Section 2(c)(2) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
450i(c)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) unless the project to receive the grant has been
subject to a competitive selection process and a scientific
peer review evaluation by qualified scientists in the Federal
Government, colleges and universities, State agricultural
experiment stations, and the private sector.''.
(b) Application.--The amendments made by subsection (a)
shall apply only in the case of a project that has not been
specifically authorized, or for which no funds have been made
available, as of the date of enactment of this Act.
____
Amendment No. 3191
At the appropriate place insert the following:
SEC. 7. COMPETITIVE MATCHING GRANT PROGRAM FOR APPLIED
RESEARCH.
(a) Purpose.--The purpose of this section is to convert the
current special grants program administered by the Secretary
under subsection (c) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(c)) into a
competitive matching grant program for applied research in
coordination with the research priorities outlined in section
1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101).
(b) Title Changes.--The Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i) is amended--
(1) In the section heading, by striking ``, SPECIAL, AND
FACILITIES'' after ``COMPETITIVE'';
(2) In subsection (a)(2), by striking ``, Special, and
Facilities'' after ``Competitive''; and
(3) In the heading of subsection (b) by striking
``Competitive'' and inserting ``National research
initiative''.
(c) Competitive Grant Program for Applied Research.--
Section 2(c) (7 U.S.C. 450i)(c)) is amended--
(1) In the heading, by striking ``Special Grants'' and
inserting ``Competitive Grants for Applied Research'';
(2) In paragraph (1) by striking ''grants,'' and all that
follows, including subparagraphs (A) and (B), and inserting
``competitive grants for applied research in the research
priority areas identified in section 1402 of National
Agricultural Research, Extension, and Teaching Policy Act of
1977.'';
(3) In paragraph (3), by striking all that follows
``matching funds.--'' and inserting ``The Secretary may
establish such matching requirements for grants made pursuant
to this section as the Secretary deems appropriate. Such
matching requirements established by the Secretary may be met
with unreimbursed indirect costs and in-kind contributions,
except that the Secretary may include an evaluation
preference for projects for which the applicant proposes
funds for the direct costs of the project to meet the
required match.''; and
(4) In paragraph (4), by striking all text after ``(4)''
and inserting ``eligible institutions.--For purposes of this
subsection, ``eligible institutions'' mean State agricultural
experiment stations, land-grant colleges and universities,
research foundations established by land-grant colleges and
universities, colleges and universities receiving funds under
the Act of October 10, 1962 (16 U.S.C. 582a, et seq.), and
accredited schools or colleges of veterinary medicine.''.
______
DOMENICI AMENDMENT NO. 3192
(Ordered to lie on the table.)
Mr. DOMENICI submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
On page 52, line 16, strike ``New Mexico.'' and insert the
following: ``New Mexico and that, in the case of the 1996 and
subsequent crops, Valencia peanuts not physically produced in
the State shall not be eligible to participate in the pools
of the State, except that a resident of the State who entered
a quantity of Valencia peanuts physically produced outside
the State in the pools of the State during the 1995 crop year
shall be eligible to enter not more than the same quantity of
Valencia peanuts physically produced outside the State in the
pools of the State.''
______
STEVENS (AND MURKOWSKI) AMENDMENTS NOS. 3193-3194
Mr. STEVENS (for himself and Mr. Murkowski) submitted two amendments
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra, as follows:
Amendment No. 3193
At the appropriate place in the amendment, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
[[Page
S748]]
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
____
Amendment No. 3194
At the appropriate place in the substitute, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
______
BRYAN AMENDMENTS NOS. 3195-3198
(Ordered to lie on the table.)
Mr. BRYAN submitted four amendments intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Amendment No. 3195
In Title I, strike the section 107 beginning on page 1-67,
line 1 through page 1-73, line 11.
____
Amendment No. 3196
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$2,000,000'' where appropriate.
____
Amendment No. 3197
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$70,000,000'' where
appropriate.
____
Amendment No. 3198
In Title I, strike the section 106 beginning on page 1-50,
line 6 through page 1-66, line 24.
______
BAUCUS AMENDMENT NO. 3199
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amend section 110 by adding the following at the end:
(d) Nonrecourse Marketing Assistance Loans and Loan
Deficiency Payments.--In the case of the 2003 and subsequent
crops of wheat and feed grains, the Secretary shall provide
marketing loans to producers of such crops.
(1) Availability of nonrecourse loans.--
(A) Availability.--For each of the 1996 through 2002 crops,
the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for wheat and feed
grains produced on the farm. The loans shall be made under
the terms and conditions that are prescribed by the Secretary
and at the loan rate established under subsection (2) for the
commodity.
(B) Eligible production.--The following production shall be
eligible for a marketing assistance loan under this section:
(i) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(2) Loan rates.--
(A) Wheat.--
(i) Loan rate.--The loan rate for wheat shall be--
(I) not less than 90 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
five preceding 5 crops of wheat, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period.
(B) Feed grains.--
(i) Loan rate.--The loan rate for a marketing assistance
loan for corn shall be--
(I) not less than 90 percent of the simple average price
received by producers of corn as determined by the Secretary,
during the marketing years for the immediately five preceding
5 crops of corn, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period.
(II) Other feed grains.--The loan for a marketing
assistance loan for grain sorghum, barley, and oats,
respectively, shall be established at such level as the
Secretary determines is fair and reasonable in relation to
the rate that loans are made available for corn, taking into
consideration the feeding value of commodity in relation to
corn.
(3) Term of loan.--In the case of wheat and feed grains, a
marketing assistance loan under subsection (a) shall have a
term of 9 months beginning on the first day of the first
month after the month in which the loan is made.
(4) Repayment.--
(A) Repayment rates for wheat and feed grains.--The
Secretary shall permit a producer to repay a marketing
assistance loan under subsection (a) for wheat, corn, grain
sorghum, barley, and oats at a level that the Secretary
determines will--
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of the commodities
by the Federal Government;
(iii) minimize the costs incurred by the Federal Government
in storing the commodities; and
(iv) allow the commodities produced in the United States to
be marketed freely and competitively, both domestically and
internationally.
(5) Loan deficiency payments.--
(A) Availability.--The Secretary may make loan deficiency
payments available to producers who, although ineligible to
obtain a marketing assistance loan under subsection (a) with
respect to a loan commodity, agree to forego obtaining the
loan for the commodity in return for payments under this
subsection.
(B) Computation.--A loan deficiency payment shall be
computed by multiplying--
(i) the loan payment rate under paragraph (3) for the loan
commodity; by
(ii) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forego obtaining the loan in return for payments
under this subsection.
(C) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(i) the loan rate established under subsection (2) for the
loan commodity; exceeds
(ii) the rate at which a loan for the commodity may be
repaid under subsection (d).
(6) Source of loans.--
(A) In general.--The Secretary shall provide the loans
authorized by this section and the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) through the Commodity
Credit Corporation and other means available to the
Secretary.
(B) Processors.--Whenever any loan or surplus removal for
any agricultural commodity is carried out through purchases
from or loans or payments to processors, the Secretary shall,
to the extent practicable, obtain from the processors such
assurances as the Secretary considers adequate that the
producers of the commodity have received or will receive the
maximum benefit from the loan or surplus removal operation.
(7) Adjustments of loans.--
(A) In general.--The Secretary may make appropriate
adjustments in the loan levels for differences in grade,
type, quality, location, and other factors.
(B) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section or the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.).
(8) Personal liability of producers for deficiencies.--
(A) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section or the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et. seq.), unless the
loan was obtained through a fraudulent representation by the
producer.
(B) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
the producer to assume liability for--
(i) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(ii) a failure to properly care for and preserve a
commodity; or
(iii) a failure or refusal to deliver a commodity in
accordance with a program established under this section or
the Agricultural Adjustment Act of 1938.
(C) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
or the Agricultural Adjustment Act of 1938 a provision that
permits the Commodity Credit Corporation, on and after the
maturity of the loan or any extension of the loan, to acquire
title to the unredeemed collateral without obligation to pay
for any market value that the collateral may have in excess
of the loan indebtedness.
(D) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets from
which the sugar was derived.
(9) Exception.--Notwithstanding the provisions of the
previous section, the provisions of this section shall be
applicable to 1996 through 2002 crops if the provisions of
title I of this Act are rendered inapplicable to such crops
of wheat and feed grains.
______
EXON AMENDMENT NO. 3200
(Ordered to lie on the table.)
[[Page
S749]]
Mr. EXON submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Section 110 is amended by adding at the end the following:
``(d) Permanent Law.--Title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301 et seq.) is amended by
adding after section 307 the following:
`SEC. 308. MARKETING LOANS.
`(a) In General.--Except as provided in subsection (c) in
the case of the 1996 and subsequent crops, the Secretary
shall make available to producers on a farm a nonrecourse
marketing assistance loan for crops of wheat, feed grains,
upland cotton, rice, and oilseeds (hereafter referred ``loan
crops'') produced on the farm. The loans shall be made under
terms and conditions that are prescribed by the Secretary and
at the loan rate established under subsection (b).
`(b) Loan Rate.--The loan rate shall be not less than 95
percent of the simple average price received by producers of
loan crops, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops for the
specific loan crop.
`(c) Suspension.--The provisions of this section are
suspended for the 1996 through 2002 crops of wheat, feed
grains, upland cotton, rice, and oilseeds.' ''
______
BAUCUS AMENDMENT NO. 3201
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
At the appropriate place, insert the following:
``Notwithstanding the provisions of the Federal Crop
Insurance Act, the Secretary shall ensure that crop insurance
is made available to producers so that protection at the 75
percent level of coverage shall be available at the rate for
which coverage at the 65 percent level is available on the
date prior to the date of enactment.''
______
GREGG (AND OTHERS) AMENDMENT NO. 3202
(Ordered to lie on the table.)
Mr. GREGG (for himself, Mr. Reid, Mr. Santorum, and Mrs. Feinstein)
submitted an amendment intended to be proposed by them to amendment No.
3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as follows:
Strike section 107 on page 70.
______
WELLSTONE AMENDMENTS NOS. 3203-3204
(Ordered to lie on the table.)
Mr. WELLSTONE submitted two amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra;
as follows:
Amendment No. 3203
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, and oilseeds, the Secretary
shall attribute payments specified in section 1001 of Food
Security Act of 1985 to persons who receive the payments
directly, and attribute payments received by entities to the
individuals who own such entities in proportion to their
ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Guarantee
Authority.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment wheat and feed grains provided in
section 103 for each fiscal year by $80,000,000; and
``(2) use such savings generated in paragraph (1) to carry
out a program to issue guarantee against the risk of non-
payment arising out of loans taken out by agricultural
producers to finance the purchase of stock or membership
capital in cooperative associations engaged in value added,
food, or industrial-use processing of agricultural
commodities.''
____
Amendment No. 3204
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, upland cotton, rice, and
oilseeds, the Secretary shall attribute payments specified in
section 1001 of Food Security Act of 1985 to persons who
receive the payments directly, and attribute payments
received by entities to the individuals who own such entities
in proportion to their ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Rate
Caps.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment Account provided in section 103 for each
fiscal year by $140,000,000; and
``(2) increase the loan rate caps in section 104 as
follows:
``(A) $3.25 per bushel for wheat;
``(B) $2.25 per bushel for corn;
``(C) $0.60 per pound for upland cotton;
``(D) $7.00 per hunderweight for rice;
``(E) $5.10 per bushel for soybeans; and
``(F) $.10 per pound for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed.''
______
MOYNIHAN (AND MIKULSKI) AMENDMENT NO. 3205
(Ordered to lie on the table.)
Mr. MOYNIHAN (for himself and Ms. Mikulski) submitted an amendment
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra; as follows:
On page 1-73, strike line 9 and insert the following:
(i) Emergency Relief for Sugarcane Refiners.--Section
902(a) of the Food Security Act of 1985 (Public Law 99-198; 7
U.S.C. 1446g note) is amended by adding at the end the
following: ``The Secretary of Agriculture shall permit the
importation of additional raw cane sugar, from individuals
who held quotas under part VII of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et
seq.) on the day before the date of enactment of the
Agricultural Market Transition Act, during such time as the
Secretary determines that the domestic price of raw cane
sugar exceeds 115 percent of the loan rate determined under
section 107 of the Agricultural Market Transition Act.''.
(j) Crops.--This section (other than subsections (h) and
(i)).
______
DORGAN AMENDMENTS NOS. 3206-3207
(Ordered to lie on the table.)
Mr. DORGAN submitted two amendments intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amendment No. 3206
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Agricultural Act of
1996.''.
SEC. 2. FINDINGS.
The Congress findings that failure to enact timely
legislation extending farm and related programs will:
(a) Cause economic uncertainty to family farmers across the
country who represent the backbone of American Agriculture;
(b) Create instability in commodity markets;
(c) Result in lost export markets for U.S. agricultural
commodities; and
(d) Prevent the Secretary of Agriculture from administering
such programs in an orderly and efficient manner.
SEC. 3. AUTHORITY FOR 1996 AGRICULTURAL PROGRAMS.
(a) In General.--Notwithstanding any other provisions of
law except as provided in this Act and the amendments made by
this Act, the provisions of the Agricultural Adjustment of
1938 (7 U.S.C. 1281 et seq.), the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.), the Food Security Act of 1985 (Public
Law 99-198), and the Food, Agriculture, Conservation and
Trade Act of 1990 (Public Law 101-624) and each program that
was authorized or reauthorized by any of the Acts, that were
applicable on September 30, 1995, shall be applicable for
1996.
(b) Flexibility.--Amend section 504 of the Agricultural Act
of 1949 (7 U.S.C. 1464) by--
(1) Striking subsections (c), (d), and (e) and inserting
the following:
``(c) Non-Payment Acres.--In the case of the 1996 crops,
any crop or conserving crop specified in subsection (b)(1)
may be planted on the acres of a crop acreage base that is
not eligible for payment under this Act.'';
``(d) Loan Eligibility.--In the case of the 1996 crops,
producers on a farm with crop acreage base may plant any
program crop on the crop acreage base and shall be eligible
to receive purchases, loans, and loan deficiency payments for
the program crop.''.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Payments.--Section 114(a)(2) of the Agricultural Act of
1949 (7 U.S.C. 1445(j)(a)(2)) is amended by adding at the end
the following:
``(K) 1995 disasters.--In the case of the producers who
were prevented from planting, or incurred a reduced yield of
20 percent or more of, the 1995 crop due to weather or
related condition, the Secretary may settle claims for the
repayment by producers required under subparagraph (G) or (H)
on terms determined by the Secretary to be fair and
equitable, except that no claim shall be reduced by more than
$3,500.''
(b) Conservation.--Section 1231(b)(4) of the Food Security
Act of 1985 (16 U.S.C. 3831(b)(4)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) if the Secretary determines that such lands will be
used to store water for flood control in a closed basin.''
(c) Advanced Payments.--
[[Page
S750]]
(1) In general.--In the case of 1996 crops, advanced
payments shall be made in accordance with the formula
described in paragraph (2).
(2) Formula.--Payments authorized under this subsection
shall be based on a rate equal to 50 percent of the average
deficiency payment rate for the 1990 through 1994 crops.
(
Major Actions:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - February 01, 1996)
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[Pages
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AMENDMENTS SUBMITTED
______
THE AGRICULTURAL MARKET TRANSITION ACT OF 1996
______
FEINGOLD AMENDMENTS NOS. 3186-3191
(Ordered to lie on the table.)
Mr. FEINGOLD submitted six amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill (
S. 1541) to
extend, reform, and improve agricultural commodity, trade,
conservation, and other programs, and for other purposes; as follows:
Amendment No. 3186
At the appropriate place insert the following:
Subtitle ____--Agricultural Promotion Accountability
SEC. ____1. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Promotion
Accountability Act of 1996''.
SEC. ____2. PURPOSE.
The purpose of this subtitle is to make agricultural
promotion boards and councils more responsive to producers
whose mandatory assessments support the activities of such
boards and councils, to improve the representation and
participation of such producers on such boards and councils,
to ensure the independence of such boards and councils, to
ensure the appropriate use of promotion funds, and to prevent
legislatively authorized agricultural promotion and research
boards from using mandatory assessments to directly or
indirectly influence legislation or governmental action or
policy.
SEC. ____3. DEFINITIONS.
In this subtitle:
(1) Influencing legislation or governmental action or
policy.--The term ``influencing legislation or governmental
action or policy'' includes--
(A) establishing, administering, contributing to, or paying
the expenses of a political party campaign, political action
committee, or other organization established for the purpose
of influencing the outcome of an election;
(B) attempting to influence--
(i) the outcome of any Federal, State or local election,
referendum, initiative, or similar procedure through a cash
contribution, in-kind contribution, endorsement, publicity or
public relations activity or similar activity;
(ii) the introduction, modification, or enactment of any
Federal or State legislation or signature or veto of any
enrolled Federal or State legislation, including through--
(I) communication with any member or employee of a
legislative body or agency or with any governmental official
or employee who may participate in the formulation of the
legislation, including engaging State or local officials in
similar activity (not including a communication to an
appropriate government official in response to a written
request by the official for factual, scientific, or technical
information relating to the conduct, implementation, or
results of promotion, research, consumer information and
education, industry information, or producer information
activities under a promotion program);
(II) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinion of the general
public or a segment of the public in connection with a
pending legislative matter; or
(III) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fund-raising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with a pending legislative matter;
(C) carrying out a legislative liaison activity, including
attendance at a legislative session or committee hearing to
gather information regarding legislation or to analyze the
effect of legislation, if the activity is carried on in
support of, or in knowing preparation for, an effort to
influence legislation or government action or policy;
(D) carrying out an opinion survey of the general public or
a segment of the public, general research, or information
gathering, if carried out in support of, or in knowing
preparation for, an effort to influence legislation or
government action or policy; or
(E) attempting to influence any agency action or agency
proceeding, as the terms are defined in section 551 of title
5, United States Code, through--
(i) communication with any government official or employee
who may participate in the action or proceeding (not
including a communication to an appropriate government
official in response to a written request by the official for
factual, scientific, or technical information relating to the
conduct, implementation, or results of promotion, research,
consumer information or education, or industry information of
producer information activities under a promotion program);
(ii) planning, preparing, funding, or distributing any
publicity or propaganda to affect the opinions of the general
public or any segment of the general public in connection
with the action or proceeding; or
(iii) urging members of the general public or any segment
of the general public to contribute to, or participate in,
any mass demonstration, march, rally, fundraising drive,
lobbying campaign, letter-writing campaign, or telephone
campaign in connection with the action or proceeding.
(2) Promotion program.--The term ``promotion program''
means--
(A) the cotton research and promotion program established
under the Cotton Research and Promotion Act (7 U.S.C. 2101 et
seq.);
(B) the potato research, development, advertising, and
promotion program established under the Potato Research and
Promotion Act (7 U.S.C. 2611 et seq.);
(C) the egg research, consumer and producer education, and
promotion program established under the Egg Research and
Consumer Information Act (7 U.S.C. 2701 et seq.);
(D) the beef promotion and research program established
under the Beef Research and Information Act (7 U.S.C. 2901 et
seq.);
(E) the wheat research and nutrition education program
established under the Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.);
[[Page
S745]]
(F) the dairy promotion program established under the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.);
(G) the honey research, promotion, and consumer education
program established under the Honey Research, Promotion, and
Consumer Information Act (7 U.S.C. 4601 et seq.);
(H) the pork promotion, research, and consumer information
program established under the Pork Promotion, Research, and
Consumer Information Act (7 U.S.C. 4801 et seq.);
(I) the watermelon research, development, advertising, and
promotion program established under the Watermelon Research
and Promotion Act (7 U.S.C. 4901 et seq.);
(J) the pecan promotion, research, industry information,
and consumer information program established under the Pecan
Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.);
(K) the mushroom promotion, research, and consumer and
industry information program established under the Mushroom
Promotion, Research, and Consumer Information Act of 1990 (7
U.S.C. 6101 et seq.);
(L) the lime research, promotion, and consumer information
program established under the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.);
(M) the soybean promotion, research, consumer information,
and industry information program established under the
Soybean Promotion, Research, and Consumer Information Act (7
U.S.C. 6301 et seq.);
(N) the fluid milk advertising and promotion program
established under the Fluid Milk Promotion Act of 1990 (7
U.S.C. 6401 et seq.);
(O) the flowers and greens promotion, consumer information,
and related research program established under the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6801 et seq.);
(P) the sheep promotion, research, consumer information,
education, and industry information program established under
the Sheep Promotion, Research, and Information Act of 1994 (7
U.S.C. 7101 et seq.); and
(Q) any other coordinated program of promotion, research,
industry information, and consumer information that is funded
by mandatory assessments on producers and designed to
maintain and expand markets and uses for an agricultural
commodity, as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. ____4. INFLUENCING LEGISLATION OR GOVERNMENTAL ACTION OR
POLICY.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of directly or indirectly
influencing legislation or governmental action or policy,
except for the development and recommendation of amendments
to the promotion program to the Secretary.
(b) Conforming Amendments.--
(1) Cotton.--Section 7(h) of the Cotton Research and
Promotion Act (7 U.S.C. 2106(h)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(2) Potatoes.--Section 308(f)(3) of the Potato Research and
Promotion Act (7 U.S.C. 2617(f)(3)) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(3) Eggs.--Section 8(h) of the Egg Research and Consumer
Information Act (7 U.S.C. 2707) is amended by striking
``influencing governmental policy or action'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(4) Beef.--Section 5(10) of the Beef Research and
Information Act (7 U.S.C. 2904(10)) is amended--
(A) by striking ``influencing governmental action or
policy'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''; and
(B) by inserting ``to the Secretary'' before the period at
the end.
(5) Wheat.--Section 1706(i) of the Wheat and Wheat Foods
Research and Nutrition Education Act (7 U.S.C. 3405(i)) is
amended by striking ``influencing governmental policy or
action'' and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(6) Dairy.--Section 113(j) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(j)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),''.
(7) Honey.--Section 7(h) of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4606(h)) is amended by
striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(8) Pork.--Section 1620(e) of the Pork Promotion, Research,
and Consumer Information Act (7 U.S.C. 4809(e)) is amended by
striking ``influencing legislation'' and all that follows
through the period at the end and inserting the following:
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996),
except to recommend amendments to the order to the
Secretary.''.
(9) Watermelons.--Section 1647(g)(3) of the Watermelon
Research and Promotion Act (7 U.S.C. 4906(g)(3)) is amended
by striking ``influencing governmental policy or action'' and
inserting ``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(10) Pecans.--Section 1910(g)(1) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6005(g)(1)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``to,'' and inserting ``for the purpose
of,''; and
(ii) by striking ``to--'' and inserting ``for the purpose
of--'';
(B) in paragraph (1), by striking ``influence legislation
or governmental action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)'';
(C) in paragraph (2), by striking ``engage'' and inserting
``engaging''; and
(D) in paragraph (3), by striking ``engage'' and inserting
``engaging''.
(11) Mushrooms.--Section 1925(h) of the Mushroom Promotion,
Research, and Consumer Information Act of 1990 (7 U.S.C.
6104(h)) is amended by striking ``influencing legislation or
governmental action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(12) Limes.--Section 1955(g) of the Lime Research,
Promotion, and Consumer Information Act of 1990 (7 U.S.C.
6204(g)) is amended by striking ``influencing legislation or
governmental policy or action'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
(13) Soybeans.--Section 1969(p) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6304(p) is
amended--
(A) in paragraph (1), by striking ``influencing legislation
or governmental action or policy'' and inserting ``directly
or indirectly influencing legislation or governmental action
or policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``to the Secretary''
before the semicolon; and
(ii) in subparagraph (B), by inserting ``, in response to a
request made by the officials,'' after ``officials''.
(14) Milk.--Section 1999H(j)(1) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6407(j)(1)) is amended by striking
``influencing legislation or governmental action or policy''
and inserting ``directly or indirectly influencing
legislation or governmental action or policy (as defined in
section ____3(1) of the Agricultural Promotion Accountability
Act of 1996)''.
(15) Flowers and greens.--Section 5(i) of the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of
1993 (7 U.S.C. 6804(i)) is amended by striking ``influencing
legislation or government action or policy'' and inserting
``directly or indirectly influencing legislation or
governmental action or policy (as defined in section ____3(1)
of the Agricultural Promotion Accountability Act of 1996)''.
(16) Sheep.--Section 5(l)(1) of the Sheep Promotion,
Research, and Information Act of 1994 (7 U.S.C. 7104(l)(1))
is amended by striking ``influencing legislation or
government action or policy'' and inserting ``directly or
indirectly influencing legislation or governmental action or
policy (as defined in section ____3(1) of the Agricultural
Promotion Accountability Act of 1996)''.
SEC. ____5. PROMOTING THE IMAGE OF AN INDUSTRY PROHIBITED.
(a) In General.--A board or council established by a
promotion program may not use any funds collected by the
board or council for the purpose of enhancing the image of an
industry, except that the board or council may promote the
image of a product with the express intent of stimulating
demand for and sales of an agricultural product in the
marketplace.
(b) Conforming Amendments.--
(1) Beef.--Section 3(9) of the Beef Research and
Information Act (7 U.S.C. 2902(9)) is amended by striking ``,
increased efficiency'' and all that follows through
``industry'' and inserting ``and increased efficiency''.
(2) Pecans.--Section 1907(12) of the Pecan Promotion and
Research Act of 1990 (7 U.S.C. 6002(12)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(3) Mushrooms.--Section 1923(7) of the Mushroom Promotion,
Research, and
[[Page
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Consumer Information Act of 1990 (7 U.S.C. 6103(7)) is amended by
striking ``, increased efficiency'' and all that follows
through ``industry'' and inserting ``and increased
efficiency''.
(4) Soybeans.--Section 1967(7) of the Soybean Promotion,
Research, and Consumer Information Act (7 U.S.C. 6302(7)) is
amended by striking ``, and activities'' and all that follows
through ``industry''.
SEC. ____6. LIMITATIONS ON CONTRACTING.
(a) Permitted Contracts or Agreements.--Notwithstanding any
other provision of law, a board or council established by a
promotion program shall not be limited to contracting with,
or entering into an agreement with, an established national
nonprofit industry-governed organization.
(b) Competitive Bidding.--It is the policy of Congress that
boards and councils should, to the extent practicable, use
competitive bidding in the awarding of contracts and grants
for activities authorized under a promotion program.
(c) Independence of Boards and Councils.--
(1) Applications and recommendations not binding.--
Notwithstanding any other provision of law, a board or
council established by a promotion program shall not be bound
by a proposed application for a board or council contract or
a recommendation or advice of a potential contractor or a
national nonprofit industry-governed organization on the use
of board or council receipts.
(2) Interlocking boards or membership.--Notwithstanding any
other provision of law, no person shall be eligible to be a
member of any board or council established by a promotion
program (including operating and nominating committees) if
the person serves in any decision making capacity, such as
that of a member of the board of directors, executive
committee, or other committee, for an entity that enters into
a contract or other agreement with the board or council.
(3) Requirements for contracting.--A contractor or grantee
of a board or council may not use funds collected through
mandatory assessments under a promotion program to fund any
staff (including expenses or other activities of the staff)
who, in part, engage in 1 or more activities to influence
legislation or governmental action or policy.
(d) Producer Approval of Relationships With Boards or
Councils.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the entering into
of a permanent cooperative arrangement or the establishment
of a joint committee (including an arrangement that is
advisory in nature) by a board or council established by a
promotion program with a national nonprofit industry-governed
organization shall require the prior approval of at least \2/
3\ of the eligible producers under the promotion program.
(2) Exception.--Paragraph (1) shall not apply to a
cooperative arrangement or joint committee--
(A) that was established prior to January 1, 1995; or
(B) that includes representatives or participation from all
producer-, processor-, or handler-governed national nonprofit
organizations (including general farm organizations) that
represent any but an insignificant number of producers,
processors, or handlers paying assessments under the
promotion program to the board or council, as determined by
the Secretary.
(3) Permanent cooperative arrangement.--In this subsection,
the term ``permanent cooperative arrangement'' means a formal
or informal, written or unwritten agreement or understanding
establishing a relationship, a liaison, a sole source
contract, or an operational mechanism under which a board or
council shares staff, facilities, or other resources or
carries out coordinated activities with any entity on a more
or less permanent and exclusive basis.
(e) Fungibility of Board or Council Funds.--
(1) In general.--The Inspector General of the Department of
Agriculture shall conduct an annual review of contractual
arrangements between each board or council established by a
promotion program and any entity or association that engages
in activities to influence legislation or governmental action
or policy and receives a significant amount of funding from
the board or council as determined by the Secretary.
(2) Scope of review.--A review under paragraph (1) shall
examine whether any funds collected by the board or council
are used to directly or indirectly fund or subsidize an
entity or association that engages in influencing legislation
or governmental action or policy.
(3) Report.--The Secretary shall submit a report on the
findings of any review under this subsection and make
recommendations for any actions that should be taken as a
result of the findings to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. ____7. PERIODIC REFERENDA.
(a) In General.--Notwithstanding any other provision of
law, not less than 4 nor more than 6 years after the date of
enactment of this Act or the date on which the Secretary
determines the results of the most recent referendum for a
promotion program, whichever is earlier, and not less than
once every 5 years thereafter, the Secretary shall conduct a
referendum to determine whether to approve or terminate the
order under the promotion program and whether refunds should
be made under the order.
(b) Procedure.--The referendum under subsection (a) shall
be conducted using the same eligibility and other procedures
as the referendum used to approve the original order under
the promotion program, except that, notwithstanding any other
provision of law, no greater than a simple majority of
eligible producers shall be required to approve the making of
refunds to producers.
(c) Termination.--
(1) In general.--If the percentage of persons voting to
approve the order does not equal or exceed the percentage of
persons necessary to approve the continuation of the original
order under the promotion program, the Secretary shall
terminate the order.
(2) Time of termination.--The Secretary shall terminate the
order at the end of the marketing year during which the
referendum is conducted.
(d) Refunds.--If the making of refunds is approved in a
referendum under subsection (a), the Secretary shall
establish a procedure for making the refunds not later than
180 days after the date of the referendum.
(e) Cooperative Association.--Notwithstanding subsection
(b), a cooperative association may not vote on behalf of the
members of the association in a referendum conducted under
this section.
(f) Inactive Promotion Programs.--The Secretary shall not
conduct a referendum of a promotion program under this
section if the Secretary determines that the promotion
program is not active.
____
Amendment No. 3187
At the appropriate place insert the following:
SEC. ____. DAIRY PROMOTION PROGRAM IMPROVEMENT.
(a) Funding of Dairy Promotion and Research Program.--
(1) Declaration of policy.--The first sentence of section
110(b) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4501(b)) is amended--
(A) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(B) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(2) Definitions.--Section 111 of the Act (7 U.S.C. 4502) is
amended--
(A) in subsection (k), by striking ``and'' at the end;
(B) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream and fresh
and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products;
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(2) Funding.--
(A) Representation on board.--Section 113(b) of the Act (7
U.S.C. 4504(b)) is amended--
(i) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively;
(ii) in paragraph (1) (as so designated), by striking
``thirty-six'' and inserting ``38'';
(iii) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Of the members of the Board, 36
members''; and
(iv) by inserting after paragraph (5) (as so designated)
the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The
importer representatives shall be appointed by the Secretary
from nominations submitted by importers under such procedures
as the Secretary determines to be appropriate.''.
(B) Assessment.--Section 113(g) of the Act is amended--
(i) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively; and
(ii) by adding at the end the following new paragraph:
``(6)(A) The order shall provide that each importer of
imported dairy products shall pay an assessment to the Board
in the manner prescribed by the order.
``(B) The rate of assessment on imported dairy products
shall be determined in the same manner as the rate of
assessment per hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on
imports under subparagraph (B), the value to be placed on
imported dairy products shall be established by the Secretary
in a fair and equitable manner.''.
(C) Records.--The first sentence of section 113(k) of the
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person
receiving''.
(D) Referendum.--Section 116 of the Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group
comprising 10 percent or more of the number of producers
subject to the order, the Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the
amendments made by section 2 of the Dairy Promotion Program
Improvement Act of 1995; and
[[Page
S747]]
``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the
Secretary determines that suspension of the application of
the amendments is favored by a majority of the producers
voting in the referendum who, during a representative period
(as determined by the Secretary), have been engaged in the
production of milk for commercial use.''.
(b) Periodic Referenda.--Section 115(a) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4506(a)) is
amended--
(1) in the first sentence, by striking ``Within the sixty-
day period immediately preceding September 30, 1985'' and
inserting ``Every 5 years''; and
(2) in the second sentence, by striking ``six months'' and
inserting ``3 months''.
(c) Prohibition on Bloc Voting.--Section 117 of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4508) is
amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences.
____
Amendment No. 3188
At the appropriate place insert the following:
SEC. . LOCATION ADJUSTMENTS FOR MINIMUM PRICES FOR CLASS I
MILK
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended--
(1) in paragraph (A)--
(A) in clause (3) of the second sentence, by inserting
after ``the locations'' the following: ``within a marketing
area subject to the order''; and
(B) by striking the last 2 sentences and inserting the
following: ``Notwithstanding paragraph (18) or any other
provision of law, when fixing minimum prices for milk of the
highest use classification in a marketing area subject to an
order under this subsection, the Secretary may not, directly
or indirectly, base the prices on the distance from, or all
or part of the costs incurred to transport milk to or from,
any location that is not within the marketing area subject to
the order, unless milk from the location constitutes at least
50 percent of the total supply of milk of the highest use
classification in the marketing area. The Secretary shall
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on the criteria that are used as
the basis for the minimum prices referred to in the preceding
sentence, including a certification that the minimum prices
are made in accordance with the preceding sentence.''; and
(2) in paragraph (B)(c), by inserting after ``the
locations'' the following: ``within a marketing area subject
to the order''.
____
Amendment No. 3189
At the appropriate place insert the following:
SEC. . MILK MANUFACTURING MARKETING ADJUSTMENT.
Subsections (a) and (b) of section 102 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
1446e-1) are amended to read as follows:
``(a) Definitions.--In this section:
``(1) Federal make allowance.--The term `Federal make
allowance' means the allowance for the processing of milk
that is permitted under a Federal program to establish a
Grade A price for manufacturing butter, nonfat dry milk, or
cheese.
``(2) Person.--The term `person' includes a cooperative.
``(3) State make allowance.--The term `State make
allowance' means the allowance for the processing of milk
that is permitted by a State for manufacturing butter, nonfat
dry milk, or cheese.
``(b) Milk Manufacturing Marketing Adjustment.--
Notwithstanding any other provision of law, if a person
collects a State make allowance that is higher than the
Federal make allowance and the milk or product of milk that
is subject to the allowance is purchased by the Commodity
Credit Corporation, regardless of the point of sale, the
Corporation shall reduce the support purchase price for the
milk and each product of the milk by an amount that is equal
to the difference between the State make allowance and the
Federal make allowance for the milk and product, as
determined by the Secretary of Agriculture.''.
____
Amendment No. 3190
At the appropriate place insert the following:
SEC. . SPECIAL RESEARCH GRANTS PROGRAM.
(a) In General.--Section 2(c)(2) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
450i(c)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) unless the project to receive the grant has been
subject to a competitive selection process and a scientific
peer review evaluation by qualified scientists in the Federal
Government, colleges and universities, State agricultural
experiment stations, and the private sector.''.
(b) Application.--The amendments made by subsection (a)
shall apply only in the case of a project that has not been
specifically authorized, or for which no funds have been made
available, as of the date of enactment of this Act.
____
Amendment No. 3191
At the appropriate place insert the following:
SEC. 7. COMPETITIVE MATCHING GRANT PROGRAM FOR APPLIED
RESEARCH.
(a) Purpose.--The purpose of this section is to convert the
current special grants program administered by the Secretary
under subsection (c) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(c)) into a
competitive matching grant program for applied research in
coordination with the research priorities outlined in section
1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101).
(b) Title Changes.--The Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i) is amended--
(1) In the section heading, by striking ``, SPECIAL, AND
FACILITIES'' after ``COMPETITIVE'';
(2) In subsection (a)(2), by striking ``, Special, and
Facilities'' after ``Competitive''; and
(3) In the heading of subsection (b) by striking
``Competitive'' and inserting ``National research
initiative''.
(c) Competitive Grant Program for Applied Research.--
Section 2(c) (7 U.S.C. 450i)(c)) is amended--
(1) In the heading, by striking ``Special Grants'' and
inserting ``Competitive Grants for Applied Research'';
(2) In paragraph (1) by striking ''grants,'' and all that
follows, including subparagraphs (A) and (B), and inserting
``competitive grants for applied research in the research
priority areas identified in section 1402 of National
Agricultural Research, Extension, and Teaching Policy Act of
1977.'';
(3) In paragraph (3), by striking all that follows
``matching funds.--'' and inserting ``The Secretary may
establish such matching requirements for grants made pursuant
to this section as the Secretary deems appropriate. Such
matching requirements established by the Secretary may be met
with unreimbursed indirect costs and in-kind contributions,
except that the Secretary may include an evaluation
preference for projects for which the applicant proposes
funds for the direct costs of the project to meet the
required match.''; and
(4) In paragraph (4), by striking all text after ``(4)''
and inserting ``eligible institutions.--For purposes of this
subsection, ``eligible institutions'' mean State agricultural
experiment stations, land-grant colleges and universities,
research foundations established by land-grant colleges and
universities, colleges and universities receiving funds under
the Act of October 10, 1962 (16 U.S.C. 582a, et seq.), and
accredited schools or colleges of veterinary medicine.''.
______
DOMENICI AMENDMENT NO. 3192
(Ordered to lie on the table.)
Mr. DOMENICI submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
On page 52, line 16, strike ``New Mexico.'' and insert the
following: ``New Mexico and that, in the case of the 1996 and
subsequent crops, Valencia peanuts not physically produced in
the State shall not be eligible to participate in the pools
of the State, except that a resident of the State who entered
a quantity of Valencia peanuts physically produced outside
the State in the pools of the State during the 1995 crop year
shall be eligible to enter not more than the same quantity of
Valencia peanuts physically produced outside the State in the
pools of the State.''
______
STEVENS (AND MURKOWSKI) AMENDMENTS NOS. 3193-3194
Mr. STEVENS (for himself and Mr. Murkowski) submitted two amendments
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra, as follows:
Amendment No. 3193
At the appropriate place in the amendment, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
[[Page
S748]]
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
____
Amendment No. 3194
At the appropriate place in the substitute, insert the
following:
SEC. . WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation with the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1996 through 2002.''.
______
BRYAN AMENDMENTS NOS. 3195-3198
(Ordered to lie on the table.)
Mr. BRYAN submitted four amendments intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Amendment No. 3195
In Title I, strike the section 107 beginning on page 1-67,
line 1 through page 1-73, line 11.
____
Amendment No. 3196
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$2,000,000'' where appropriate.
____
Amendment No. 3197
In Title II, Section 202, on page 2-2, line 8, strike
``$100,000,000'' and insert ``$70,000,000'' where
appropriate.
____
Amendment No. 3198
In Title I, strike the section 106 beginning on page 1-50,
line 6 through page 1-66, line 24.
______
BAUCUS AMENDMENT NO. 3199
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amend section 110 by adding the following at the end:
(d) Nonrecourse Marketing Assistance Loans and Loan
Deficiency Payments.--In the case of the 2003 and subsequent
crops of wheat and feed grains, the Secretary shall provide
marketing loans to producers of such crops.
(1) Availability of nonrecourse loans.--
(A) Availability.--For each of the 1996 through 2002 crops,
the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for wheat and feed
grains produced on the farm. The loans shall be made under
the terms and conditions that are prescribed by the Secretary
and at the loan rate established under subsection (2) for the
commodity.
(B) Eligible production.--The following production shall be
eligible for a marketing assistance loan under this section:
(i) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(2) Loan rates.--
(A) Wheat.--
(i) Loan rate.--The loan rate for wheat shall be--
(I) not less than 90 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
five preceding 5 crops of wheat, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period.
(B) Feed grains.--
(i) Loan rate.--The loan rate for a marketing assistance
loan for corn shall be--
(I) not less than 90 percent of the simple average price
received by producers of corn as determined by the Secretary,
during the marketing years for the immediately five preceding
5 crops of corn, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period.
(II) Other feed grains.--The loan for a marketing
assistance loan for grain sorghum, barley, and oats,
respectively, shall be established at such level as the
Secretary determines is fair and reasonable in relation to
the rate that loans are made available for corn, taking into
consideration the feeding value of commodity in relation to
corn.
(3) Term of loan.--In the case of wheat and feed grains, a
marketing assistance loan under subsection (a) shall have a
term of 9 months beginning on the first day of the first
month after the month in which the loan is made.
(4) Repayment.--
(A) Repayment rates for wheat and feed grains.--The
Secretary shall permit a producer to repay a marketing
assistance loan under subsection (a) for wheat, corn, grain
sorghum, barley, and oats at a level that the Secretary
determines will--
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of the commodities
by the Federal Government;
(iii) minimize the costs incurred by the Federal Government
in storing the commodities; and
(iv) allow the commodities produced in the United States to
be marketed freely and competitively, both domestically and
internationally.
(5) Loan deficiency payments.--
(A) Availability.--The Secretary may make loan deficiency
payments available to producers who, although ineligible to
obtain a marketing assistance loan under subsection (a) with
respect to a loan commodity, agree to forego obtaining the
loan for the commodity in return for payments under this
subsection.
(B) Computation.--A loan deficiency payment shall be
computed by multiplying--
(i) the loan payment rate under paragraph (3) for the loan
commodity; by
(ii) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forego obtaining the loan in return for payments
under this subsection.
(C) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(i) the loan rate established under subsection (2) for the
loan commodity; exceeds
(ii) the rate at which a loan for the commodity may be
repaid under subsection (d).
(6) Source of loans.--
(A) In general.--The Secretary shall provide the loans
authorized by this section and the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) through the Commodity
Credit Corporation and other means available to the
Secretary.
(B) Processors.--Whenever any loan or surplus removal for
any agricultural commodity is carried out through purchases
from or loans or payments to processors, the Secretary shall,
to the extent practicable, obtain from the processors such
assurances as the Secretary considers adequate that the
producers of the commodity have received or will receive the
maximum benefit from the loan or surplus removal operation.
(7) Adjustments of loans.--
(A) In general.--The Secretary may make appropriate
adjustments in the loan levels for differences in grade,
type, quality, location, and other factors.
(B) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section or the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.).
(8) Personal liability of producers for deficiencies.--
(A) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section or the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et. seq.), unless the
loan was obtained through a fraudulent representation by the
producer.
(B) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
the producer to assume liability for--
(i) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(ii) a failure to properly care for and preserve a
commodity; or
(iii) a failure or refusal to deliver a commodity in
accordance with a program established under this section or
the Agricultural Adjustment Act of 1938.
(C) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
or the Agricultural Adjustment Act of 1938 a provision that
permits the Commodity Credit Corporation, on and after the
maturity of the loan or any extension of the loan, to acquire
title to the unredeemed collateral without obligation to pay
for any market value that the collateral may have in excess
of the loan indebtedness.
(D) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets from
which the sugar was derived.
(9) Exception.--Notwithstanding the provisions of the
previous section, the provisions of this section shall be
applicable to 1996 through 2002 crops if the provisions of
title I of this Act are rendered inapplicable to such crops
of wheat and feed grains.
______
EXON AMENDMENT NO. 3200
(Ordered to lie on the table.)
[[Page
S749]]
Mr. EXON submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
Section 110 is amended by adding at the end the following:
``(d) Permanent Law.--Title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1301 et seq.) is amended by
adding after section 307 the following:
`SEC. 308. MARKETING LOANS.
`(a) In General.--Except as provided in subsection (c) in
the case of the 1996 and subsequent crops, the Secretary
shall make available to producers on a farm a nonrecourse
marketing assistance loan for crops of wheat, feed grains,
upland cotton, rice, and oilseeds (hereafter referred ``loan
crops'') produced on the farm. The loans shall be made under
terms and conditions that are prescribed by the Secretary and
at the loan rate established under subsection (b).
`(b) Loan Rate.--The loan rate shall be not less than 95
percent of the simple average price received by producers of
loan crops, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops for the
specific loan crop.
`(c) Suspension.--The provisions of this section are
suspended for the 1996 through 2002 crops of wheat, feed
grains, upland cotton, rice, and oilseeds.' ''
______
BAUCUS AMENDMENT NO. 3201
(Ordered to lie on the table.)
Mr. BAUCUS submitted an amendment intended to be proposed by him to
amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as
follows:
At the appropriate place, insert the following:
``Notwithstanding the provisions of the Federal Crop
Insurance Act, the Secretary shall ensure that crop insurance
is made available to producers so that protection at the 75
percent level of coverage shall be available at the rate for
which coverage at the 65 percent level is available on the
date prior to the date of enactment.''
______
GREGG (AND OTHERS) AMENDMENT NO. 3202
(Ordered to lie on the table.)
Mr. GREGG (for himself, Mr. Reid, Mr. Santorum, and Mrs. Feinstein)
submitted an amendment intended to be proposed by them to amendment No.
3184 proposed by Mr. Leahy to the bill
S. 1541, supra; as follows:
Strike section 107 on page 70.
______
WELLSTONE AMENDMENTS NOS. 3203-3204
(Ordered to lie on the table.)
Mr. WELLSTONE submitted two amendments intended to be proposed by him
to amendment No. 3184 proposed by Mr. Leahy to the bill
S. 1541, supra;
as follows:
Amendment No. 3203
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, and oilseeds, the Secretary
shall attribute payments specified in section 1001 of Food
Security Act of 1985 to persons who receive the payments
directly, and attribute payments received by entities to the
individuals who own such entities in proportion to their
ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Guarantee
Authority.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment wheat and feed grains provided in
section 103 for each fiscal year by $80,000,000; and
``(2) use such savings generated in paragraph (1) to carry
out a program to issue guarantee against the risk of non-
payment arising out of loans taken out by agricultural
producers to finance the purchase of stock or membership
capital in cooperative associations engaged in value added,
food, or industrial-use processing of agricultural
commodities.''
____
Amendment No. 3204
Amend Title I by adding to the end the following:
SEC. 112 ADJUSTMENT TO LOAN RATE CAPS.
``(a) Attribution.--Notwithstanding the provisions of
sections 1001 and 1001A of the Food Security Act of 1985 (7
U.S.C. 1308 and 1308-1) in the case of the 1996 through 2002
crops of wheat, feed grains, upland cotton, rice, and
oilseeds, the Secretary shall attribute payments specified in
section 1001 of Food Security Act of 1985 to persons who
receive the payments directly, and attribute payments
received by entities to the individuals who own such entities
in proportion to their ownership interest in the entity.''
``(b) Adjustments in Contract Accounts and Loan Rate
Caps.--For the crops after the Secretary has implemented
subsection (a), the Secretary shall--
``(1) notwithstanding the provisions of this Title, reduce
the Contract Payment Account provided in section 103 for each
fiscal year by $140,000,000; and
``(2) increase the loan rate caps in section 104 as
follows:
``(A) $3.25 per bushel for wheat;
``(B) $2.25 per bushel for corn;
``(C) $0.60 per pound for upland cotton;
``(D) $7.00 per hunderweight for rice;
``(E) $5.10 per bushel for soybeans; and
``(F) $.10 per pound for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed.''
______
MOYNIHAN (AND MIKULSKI) AMENDMENT NO. 3205
(Ordered to lie on the table.)
Mr. MOYNIHAN (for himself and Ms. Mikulski) submitted an amendment
intended to be proposed by them to amendment No. 3184 proposed by Mr.
Leahy to the bill
S. 1541, supra; as follows:
On page 1-73, strike line 9 and insert the following:
(i) Emergency Relief for Sugarcane Refiners.--Section
902(a) of the Food Security Act of 1985 (Public Law 99-198; 7
U.S.C. 1446g note) is amended by adding at the end the
following: ``The Secretary of Agriculture shall permit the
importation of additional raw cane sugar, from individuals
who held quotas under part VII of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et
seq.) on the day before the date of enactment of the
Agricultural Market Transition Act, during such time as the
Secretary determines that the domestic price of raw cane
sugar exceeds 115 percent of the loan rate determined under
section 107 of the Agricultural Market Transition Act.''.
(j) Crops.--This section (other than subsections (h) and
(i)).
______
DORGAN AMENDMENTS NOS. 3206-3207
(Ordered to lie on the table.)
Mr. DORGAN submitted two amendments intended to be proposed by him to
the bill
S. 1541, supra; as follows:
Amendment No. 3206
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Agricultural Act of
1996.''.
SEC. 2. FINDINGS.
The Congress findings that failure to enact timely
legislation extending farm and related programs will:
(a) Cause economic uncertainty to family farmers across the
country who represent the backbone of American Agriculture;
(b) Create instability in commodity markets;
(c) Result in lost export markets for U.S. agricultural
commodities; and
(d) Prevent the Secretary of Agriculture from administering
such programs in an orderly and efficient manner.
SEC. 3. AUTHORITY FOR 1996 AGRICULTURAL PROGRAMS.
(a) In General.--Notwithstanding any other provisions of
law except as provided in this Act and the amendments made by
this Act, the provisions of the Agricultural Adjustment of
1938 (7 U.S.C. 1281 et seq.), the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.), the Food Security Act of 1985 (Public
Law 99-198), and the Food, Agriculture, Conservation and
Trade Act of 1990 (Public Law 101-624) and each program that
was authorized or reauthorized by any of the Acts, that were
applicable on September 30, 1995, shall be applicable for
1996.
(b) Flexibility.--Amend section 504 of the Agricultural Act
of 1949 (7 U.S.C. 1464) by--
(1) Striking subsections (c), (d), and (e) and inserting
the following:
``(c) Non-Payment Acres.--In the case of the 1996 crops,
any crop or conserving crop specified in subsection (b)(1)
may be planted on the acres of a crop acreage base that is
not eligible for payment under this Act.'';
``(d) Loan Eligibility.--In the case of the 1996 crops,
producers on a farm with crop acreage base may plant any
program crop on the crop acreage base and shall be eligible
to receive purchases, loans, and loan deficiency payments for
the program crop.''.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Payments.--Section 114(a)(2) of the Agricultural Act of
1949 (7 U.S.C. 1445(j)(a)(2)) is amended by adding at the end
the following:
``(K) 1995 disasters.--In the case of the producers who
were prevented from planting, or incurred a reduced yield of
20 percent or more of, the 1995 crop due to weather or
related condition, the Secretary may settle claims for the
repayment by producers required under subparagraph (G) or (H)
on terms determined by the Secretary to be fair and
equitable, except that no claim shall be reduced by more than
$3,500.''
(b) Conservation.--Section 1231(b)(4) of the Food Security
Act of 1985 (16 U.S.C. 3831(b)(4)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) if the Secretary determines that such lands will be
used to store water for flood control in a closed basin.''
(c) Advanced Payments.--
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S750]]
(1) In general.--In the case of 1996 crops, advanced
payments shall be made in accordance with the formula
described in paragraph (2).
(2) Formula.--Payments authorized under this subsection
shall be based on a rate equal to 50 percent of the average
deficiency payment rate for the 1990 through 1994 crops
Amendments:
Cosponsors: