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Congressional Record publishes “THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997” on July 23, 1996

Volume 142, No. 109 covering the 2nd Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997” mentioning the Environmental Protection Agency was published in the Senate section on pages S8577-S8580 on July 23, 1996.

The publication is reproduced in full below:

THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND

RELATED AGENCIES APPROPRIATIONS ACT, 1997

______

LEAHY (AND OTHERS) AMENDMENT NO. 4987

Mr. LEAHY (for himself, Ms. Snowe, Mr. Gregg, Mr. Jeffords, Mr. Smith, Mr. Cohen, Mr. Moynihan, Mr. Kennedy, and Mr. Kerry) proposed an amendment to the bill (H.R. 3603) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and related agencies programs for the fiscal year ending September 30, 1997, and for other purposes; as follows:

At the end of the bill, add the following:

SEC. ____. NORTHERN FOREST STEWARDSHIP.

(a) Findings.--With respect to the Northern Forest in the States of Maine, New Hampshire, New York, and Vermont, Congress finds that--

(1) the current land ownership and management patterns have served the people and forests of the region well; public policies relating to the Northern Forest should seek to reinforce rather than replace the patterns of ownership and use that have characterized lands in the Northern Forest for decades;

(2) people have a right to participate in decisions that affect them;

(3) the rights of private property owners must be respected;

(4) natural systems must be sustained over the long term, including air, soil, water, and the diversity of plant and animal species;

(5) the history and culture of the Northern Forest and the connections between people and the land must be respected;

(6) States should work in partnership with local governments and the Federal Government;

(7) differences among the 4 Northern Forest States must be recognized;

(8) people must appreciate that the Northern Forest has values that are important beyond the boundaries of the Northern Forest;

(9) because public funds are scarce, the greatest public benefit must be secured for any additional investment;

(10) proposals must be judged by their long-term benefits, looking at least 50 years into the future;

(11) programs and regulations in existence on the date of enactment of this Act should be continually evaluated, built upon, and improved before new ones are created;

(12) the actions described in this section are most appropriately directed by the States, with assistance from the Federal Government, as requested by the States;

(13) certain Federal tax policies work against the long-term ownership, management, and conservation of forest land in the Northern Forest region, and Congress and the President should enact additional legislation to address those tax policies as soon as possible; and

(14) this section effectuates certain recommendations of the Northern Forest Lands Council that were developed with broad public input and the involvement of Federal, State, and local governments.

(b) Principles of Sustainability.--

(1) In general.--The Secretary of Agriculture, acting through the Chief of the Forest Service, is authorized, at the request of the State of Maine, New Hampshire, New York, or Vermont, to provide technical assistance for a State-based initiative directed by the State, to define the appropriate benchmarks of sustainable forest management that address the principles of sustainability, as recommended by the Northern Forest Lands Council.

(2) Principles of sustainability.--It is the sense of Congress that for the purposes of paragraph (1), principles of sustainability should include--

(A) maintenance of soil productivity;

(B) conservation of water quality, wetlands, and riparian zones;

(C) maintenance or creation of a healthy balance of forest age classes;

(D) continuous flow of timber, pulpwood, and other forest products;

(E) improvement of the overall quality of the timber resource as a foundation for more value-added opportunities;

(F) addressing scenic quality by limiting adverse aesthetic impacts of forest harvesting, particularly in high-elevation areas and vistas;

(G) conservation and enhancement of habitats that support a full range of native flora and fauna;

(H) protection of unique or fragile natural areas; and

(I) continuation of opportunities for traditional recreation.

(c) Northern Forest Research Cooperative.--The Secretary of Agriculture, acting through the Northeastern Forest Experiment Station and the Chief of the Forest Service, is authorized, at the request of the State of Maine, New Hampshire, New York, or Vermont, to cooperate with the State, the land grant universities of the State, natural resource and forestry schools, other Federal agencies, and other interested parties in coordinating ecological and economic research, including--

(1) research at those universities on ecosystem health, forest management, product development, economics, and related fields;

(2) development of specific forest management guidelines to achieve principles of sustainability described in subsection

(b) as recommended by the Northern Forest Lands Council;

(3) technology transfer to the wood products industry on efficient processing, pollution prevention, and energy conservation;

(4) dissemination of existing and new information to landowners, public and private resource managers, State forest citizen advisory committees, and the general public through professional associations, publications, and other information clearinghouse activities; and

(5) analysis of strategies for the protection of areas of outstanding ecological significance, high biodiversity, and the provision of important recreational opportunities, including strategies for areas identified through State land acquisition planning processes.

(d) Interstate Coordination Strategy.--At the request of the States of Maine, New Hampshire, New York, and Vermont, the Chief of the Forest Service is authorized to make a representative of the State and Private Forest Program available to meet with representatives of the States to coordinate the implementation of Federal and State policy recommendations issued by the Northern Forest Lands Council and other policies agreed to by the States.

(e) Land Conservation.--.

(1) Federal assistance.--The Secretary of Agriculture

(acting through the Chief of the Forest Service) and the Secretary of the Interior (acting through the Director of the National Park Service and Director of the United States Fish and Wildlife Service) at the request of the State of Maine, New Hampshire, Vermont, or New York, is authorized to provide technical and financial assistance for a State-managed public land acquisition planning process and land acquisition initiatives directed by the State.

(2) Program development.--A goal-oriented planning process for a State described in paragraph (1) to establish a land conservation program shall include--

(A) identification of, and setting of priorities for the acquisition of, fee or less-than-fee interests in exceptional and important lands, in accordance with criteria that include--

(i) places offering outstanding recreational opportunities, including locations for hunting, fishing, trapping, hiking, camping, and other forms of back-country recreation;

(ii) recreational access to river and lake shorelines;

(iii) land supporting vital ecological functions and values;

(iv) habitats for rare, threatened, or endangered natural communities, plants, and wildlife;

(v) areas of outstanding scenic value and significant geological features; and

(vi) working private forest lands that are of such significance or so threatened by conversion that conservation easements should be purchased;

(B) acquisition of land and interests in land only from willing sellers;

(C) involvement of local governments and landowners in the planning process in a meaningful way that acknowledges their concerns about public land acquisition;

(D) recognition that zoning, while an important land use mechanism, is not an appropriate substitution for acquisition;

(E) assurances that unilateral eminent domain will only be used with the consent of the landowner to clear title and establish purchase prices;

(F) efficient use of public funds by purchasing only the rights necessary to best identify and protect exceptional values;

(G) consideration of the potential impacts and benefits of land and easement acquisition on local and regional economies;

(H) consideration of the necessity of including costs of future public land management in the assessment of overall costs of acquisition;

(I) minimization of adverse tax consequences to municipalities by making funds available to continue to pay property taxes based at least on current use valuation of parcels acquired, payments in lieu of taxes, user fee revenues, or other benefits, where appropriate;

(J) identification of the potential for exchanging public land for privately held land of greater public value; and

(K) assurances that any land or interests inland that are acquired are used and managed for their intended purposes.

(3) Willing seller.--No Federal funds made available to carry out this section may be expended for acquisition of private or public property unless the owner of the property willingly offers the property for sale.

(4) Land acquisition.--

(A) Funding.--After completion of the planning process under paragraph (2), a Federal and State cooperative land acquisition project under this section may be carried out with funding provided exclusively by the Federal Government or with funding provided by both the Federal Government and a State government.

(B) Objectives.--A cooperative land acquisition project funded under this section shall promote State land conservation objectives that correspond with Federal goals and the recommendations of the Northern Forest Lands Council.

(5) Complementary program.--The Secretary of the Interior shall conduct activities under this subsection--

(A) as a complement to the State Comprehensive Outdoor Recreation Plan for each Northern Forest State in existence on the date of enactment of this section; and

(B) with a landscape perspective.

(6) Authorization of appropriations.--

(A) In general.--There are authorized to be appropriated, out of any funds made available for State purposes under section 6 of the Land and Water Conservation Fund Act of 1965

(16 U.S.C. 460l-8), such sums as are necessary to carry out this subsection.

(B) Effect on apportionment.--Apportionment among the States under section 6(b) of the Act (16 U.S.C. 460l-8(b)) shall be from funds not appropriated under subparagraph (A).

(f) Landowner Liability Exemption.--

(1) Findings.--Congress finds that--

(A) many landowners keep their land open and available for responsible recreation; and

(B) private lands help provide important forest-based recreation opportunities for the public in the Northern Forest region.

(2) Sense of congress.--It is the sense of Congress that States and other interested persons should pursue initiatives that--

(A) strengthen relief-from-liability laws to protect landowners that allow responsible public recreational use of their lands;

(B) update relief-from-liability laws to establish hold-harmless mechanisms for landowners that open their land to public use, including provision for payment by the State of the costs of a landowner's defense against personal injury suits and of the costs of repairing property damage and removing litter;

(C) private additional reductions in property taxes for landowners that allow responsible public recreational use of their lands;

(D) provide for purchases by the State of land in fee and of temporary and permanent recreation easements and leases, including rights of access;

(E) foster State and private cooperative recreation agreements;

(F) create recreation coordinator and landowner liaison and remote ranger positions in State government to assist in the management of public use of private lands and provide recreation opportunities and other similar services;

(G) strengthen enforcement of trespass, antilittering, and antidumping laws;

(H) improve recreation user education programs; and

(I) improve capacity in State park and recreation agencies to measure recreational use (including types, amounts, locations, and concentrations of use) and identify and address trends in use before the trends create problems.

(g) Nongame Conservation.--

(1) Findings.--Congress finds that--

(A) private landowners often manage their lands in ways that produce a variety of public benefits, including wildlife habitat; and

(B) there should be more incentives for private landowners to exceed current forest management standards and responsibilities under Federal laws.

(2) Sense of congress.--It is the sense of Congress that Congress should make it a priority to consider legislation that creates a funding mechanism to support the conservation of nongame fish and wildlife and associated recreation activities on public and private lands and does not replace, substitute, or duplicate existing laws that support game fish and wildlife.

(h) Water Quality.--The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Agriculture and the Secretary of the Interior, is authorized, at the request of the State of Maine, New Hampshire, New York, or Vermont, to provide technical and financial assistance to assess water quality trends within the Northern Forest region.

(i) Rural Community Assistance.--

(1) In general.--The Secretary of Agriculture is authorized, at the request of the State of Maine, New Hampshire, New York, or Vermont, to provide technical and financial assistance to the State, working in partnership with the forest products industry, local communities, and other interests to develop technical and marketing capacity within rural communities for realizing value-added opportunities in the forest products sector.

(2) Rural community assistance program.--Sufficient funds from the rural community assistance program under paragraph

(1) shall be directed to support State-based public and private initiatives to--

(A) strengthen partnerships between the public and private sectors and enhance the viability of rural communities;

(B) develop technical capacity in the utilization and marketing of value-added forest products; and

(C) develop extension capacity in delivering utilization and marketing information to forest-based businesses.

(j) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out subsections (b), (c), (d), (e), (h), and (i) of this section and section 2371 of the Rural Economic Development Act of 1990 (7 U.S.C. 6601) in the States of Maine, New Hampshire, New York, and Vermont.

(h) Applicability.--This section shall be in effect during fiscal year 1997 and each fiscal year thereafter.

______

THURMOND (AND HOLLINGS) AMENDMENT NO. 4988

Mr. COCHRAN (for Mr. Thurmond, for himself and Mr. Hollings) proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 12, line 25, strike ``$46,330,000'' and insert in lieu thereof ``$46,830,000''.

On page 14, line 10, strike ``$418,620,000'' and insert in lieu thereof ``$419,120,000''.

On page 21, line 4, strike ``$47,517,000'' and insert

``$47,017,000''.

______

FRAHM AMENDMENT NO. 4989

Mr. COCHRAN (for Mrs. Frahm) proposed an amendment to the bill, H.R. 3603, supra; as follows:

At the appropriate place in title VII of the bill, add the following new section:

SEC. 7. RURAL HOUSING PROGRAM EXTENSIONS.

(a) Extension of Multifamily Rural Housing Loan Program.--

(1) Authority to make loans.--Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking ``September 30, 1996'' and inserting ``September 30, 1997''.

(2) Set-aside for nonprofit entities.--The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking ``fiscal year 1996'' and inserting ``fiscal year 1997''.

(b) Extension of Housing in Underserved Areas Program.--The first sentence of section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended by striking

``fiscal year 1996'' and inserting ``fiscal year 1997''.

(c) Reforms for Multifamily Rural Housing Loan Program.--

(1) Limitation on project transfers.--Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting after subsection (g) the following new subsection:

``(h) Project Transfers.--After the date of the enactment of the Act entitled `An Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1997, and for other purposes', the ownership or control of a project for which a loan is made or insured under this section may be transferred only if the Secretary determines that such transfer would further the provision of housing and related facilities for low-income families or persons and would be in the best interests of residents and the Federal Government.''.

(2) Equity loans.--Section 515(t) of the Housing Act of 1949 (42 U.S.C. 1485(t)) is amended--

(A) by striking paragraphs (4) and (5); and

(B) by redesignating paragraphs (6) through (8) as paragraphs (4) through (6), respectively.

(3) Equity takeout loans to extend low-income use.--

(A) Authority and limitation.--Section 502(c)(4)(B)(iv) of the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(B)(iv)) is amended by inserting before the period at the end the following: ``or under paragraphs (1) and (2) of section 514(j), except that an equity loan referred to in this clause may not be made available after the date of the enactment of the Act entitled `An Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1997, and for other purposes', unless the Secretary determines that the other incentives available under this subparagraph are not adequate to provide a fair return on the investment of the borrower, to prevent prepayment of the loan insured under section 514 or 515, or to prevent the displacement of tenants of the housing for which the loan was made''.

(B) Approval of assistance.--Section 502(c)(4)(C) of the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(C)) is amended by striking ``(C)'' and all that follows through ``provided--'' and inserting the following:

``(C) Approval of assistance.--The Secretary may approve assistance under subparagraph (B) for assisted housing only if the restrictive period has expired for any loan for the housing made or insured under section 514 or 515 pursuant to a contract entered into after December 21, 1979, but before the date of the enactment of the Department of Housing and Urban Development Reform Act of 1989, and the Secretary determines that the combination of assistance provided--''.

(C) Technical correction.--Section 515(c)(1) of the Housing Act of 1949 (42 U.S.C. 1485(c)(1)) is amended by striking

``December 21, 1979'' and inserting ``December 15, 1989''.

(d) Equity Skimming Penalties.--

(1) Insurance of loans for the provision of housing and related facilities for domestic farm labor.--Section 514 of the Housing Act of 1949 (42 U.S.C. 1484) is amended by adding at the end the following new subsection:

``(j) Equity Skimming Penalty.--Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for a loan made or insured under this section willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other funds derived from such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not authorized by this title or the regulations adopted pursuant to this title, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both.''.

(2) Direct and insured loans to provide housing and related facilities for elderly persons and families in rural areas.--Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection:

``(aa) Equity Skimming Penalty.--Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for loan made or insured under this section willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other funds derived from such property, for any purpose than other than to meet actual or necessary expenses of the property, or for any other purpose not authorized by this title or the regulations adopted pursuant to this title, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both.''.

______

LEAHY AMENDMENT NO. 4990

Mr. BUMPERS (for Mr. Leahy) proposed an amendment to the bill, H.R. 3603, supra; as follows:

At the end of the bill, add the following:

SEC. . REAUTHORIZATION OF NATIONAL AQUACULTURE ACT OF 1980.

Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809) is amended by striking ``1991, 1992, and 1993'' each place it appears and inserting ``1`991 through 1997''.

______

KERREY AMENDMENTS NOS. 4991-4992

Mr. BUMPERS (for Mr. Kerrey) proposed two amendments to the bill, H.R. 3603, supra; as follows:

Amendment No. 4991

In lieu of the pending amendment insert the following:

SEC. . DEPARTMENT OF AGRICULTURE VOLUNTARY SEPARATION

INCENTIVE PAYMENTS.

(a) Definitions.--For the purposes of this section--

(1) the term ``agency'' means the Department of Agriculture;

(2) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the agency (or an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5))), is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 3 years, but does not include--

(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency;

(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);

(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;

(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act;

(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;

(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or

(G) any employee who, during the twenty four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the twelve month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code.

(b) Agency Strategic Plan.--

(1) In general.--The head of the agency, prior to obligating any resources for voluntary separation incentive payments, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed.

(2) Contents.--The agency's plan shall include--

(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;

(B) the number and amounts of voluntary separation incentive payments to be offered; and

(C) a description of how the agency will operate without the eliminated positions and functions.

(c) Authority To Provide Voluntary Separation Incentive Payments.--

(1) In general.--A voluntary separation incentive payment under this section may be paid by an agency to any employee only to the extent necessary to eliminate the positions and functions identified by the strategic plan.

(2) Amount and treatment of payments.--A voluntary separation incentive payment--

(A) shall be paid in a lump sum after the employee's separation;

(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;

(C) shall be equal to the lesser of--

(i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or

(ii) an amount determined by the agency head not to exceed

$25,000 in fiscal year 1997, $20,000 in fiscal year 1998,

$15,000 in fiscal year 1999, or $10,000 in fiscal year 2000;

(D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

(E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation.

(3) Limitation.--No amount shall be payable under this section based on any separation occurring before the date of the enactment of this Act, or after September 30, 2000.

(d) Additional Agency Contributions to the Retirement Fund.--

(1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, the agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section.

(2) Definition.--For the purpose of paragraph (1), the term

``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other a full-time basis, with appropriate adjustment therefor.

(e) Effect of Subsequent Employment With the Government.--An individual who has received a voluntary separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment.

(f) Reduction of Agency Employment Levels.--

(1) In general.--The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis.

(2) Enforcement.--The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met.

(g) Effective Date.--This section shall take effect October 1, 1996.

____

Amendment No. 4992

On page 25, line 16, strike ``$795,000,000'' and insert

``$725,000,000''.

On page 29, between lines 7 and 8, insert the following:

Risk Management

For administrative and operating expenses, as authorized by section 226A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933), $70,000,000, of which not to exceed $700 shall be available for official reception and representation expenses, as authorized by section 506(i) of the Federal Crop Insurance Act (7 U.S.C. 1506(i)): Provided, That this appropriation shall be available only to the extent that an official budget request for a specific dollar amount is submitted by the President to Congress.

______

BUMPERS AMENDMENT NO. 4993

Mr. BUMPERS proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 12, line 25, strike ``$46,830,000: and insert in lieu thereof ``$47,080,000''.

On page 14, line 10, strike ``$419,120,000'' and insert in lieu thereof ``$419,370,000''.

On page 21, line 4, strike ``47,017,000'' and insert in lieu thereof ``$46,767,000''.

______

HEFLIN AMENDMENT NO.4994

Mr. COCHRAN (for Mr. Heflin) proposed an amendment to the bill, H.R. 3603, supra; as follows:

At the appropriate place, insert:

``Section 101(b) of the Agriculture and Food Act of 1981

(Public Law 97-98; 7 U.S.C. 608c note) is amended by striking

``1996'' and inserting ``2002''.

______

SANTORUM AMENDMENT NO. 4995

Mr. SANTORUM proposed an amendment to the bill, H.R. 3603, supra; as follows:

At the end of the bill, add the following:

SEC. . LIMITATION ON AMOUNT OF NONRECOURSE LOANS FOR

PEANUTS.

None of the funds appropriated or otherwise made available by this Act may be used to provide to a producer of a crop of quota peanuts a total amount of nonrecourse loans under section 155 of the Agricultural Market Transition Act (7 U.S.C. 7271) in excess of $125,000.

______

BUMPERS AMENDMENT NO. 4996

Mr. BUMPERS proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 42, line 22, after ``development'' add the following, ``as provided under section 747 (e) of public Law 104-127''.

SARBANES (AND MIKULSKI) AMENDMENT NO. 4997

Mr. BUMPERS (for Mr. Sarbanes, for himself and Ms. Mikulski) proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 5, line 8, strike ``$25,587,000'' and insert

``$23,505,400''.

On page 5, line 10, strike ``$146,135,000'' and insert

``$144,053,400''.

On page 10, line 18, strike ``$721,758,000'' and insert

``$722,839,600''.

______

HATCH (AND HARKIN) AMENDMENT NO. 4998

Mr. COCHRAN (for Mr. Hatch, for himself and Mr. Harkin) proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 55, line 7, after the colon, insert the following:

``Provided further, That a sufficient amount of these funds shall be used to ensure compliance with the statutory deadlines set forth in section 505(j)(4)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3555(j)(4)(A)):''.

______

SMITH AMENDMENT NO. 4999

Mr. COCHRAN (for Mr. Smith) proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 47, line 17, before the period, insert the following: ``: Provided further, That notwithstanding section 306(a)(7) of the Consolidated Farm and Rural Development Act

(7 U.S.C. 1926(a)(7)), the town of Berlin, New Hampshire, shall be eligible during fiscal year 1997 for a grant under the rural utilities assistance program''.

______

SMITH AMENDMENT NO. 5000

Mr. COCHRAN (for Mr. Smith) proposed an amendment to the bill, H.R. 3603, supra; as follows:

On page 47, line 17, before the period, insert the following: ``: Provided further, That, notwithstanding section 306(a)(7) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(7)), the town of Berlin, New Hampshire, shall be eligible during fiscal year 1997 for a grant under the rural utilities assistance program''.

______

CRAIG (AND OTHERS) AMENDMENT NO. 5001

Mr. COCHRAN (for Mr. Craig for himself, Mr. Helms, Mr. Leahy, and Mr. Wyden) proposed an amendment to the bill, H.R. 3603, supra; as follows:

At the end of the matter proposed to be inserted by the amendment, insert the following:

SEC. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.

(a) Sense of the Congress.--It is the sense of the Congress that the enactment of this Act may impact the future availability of an adequate work force for the producers of our Nation's labor intensive agricultural commodities and livestock.

(b) Review.--The Comptroller General shall review the effectiveness of the H-2A nonimmigrant worker program to ensure that the program provides a workable safety valve in the event of future shortages of domestic workers after the enactment of this Act. Among other things, the Comptroller General shall review the program to determine--

(1) that the program ensures that an adequate supply of qualified United States workers is available at the time and place needed for employers seeking such workers after the date of enactment of this Act;

(2) that the program ensures that there is timely approval of applications for temporary foreign workers under the H-2A nonimmigrant worker program in the event of shortages of United States workers after the date of enactment of this Act;

(3) that the program ensures that implementation of the H-2A nonimmigrant worker program is not displacing United States agricultural workers or diminishing the terms and conditions of employment of United States agricultural workers; and

(4) if and to what extent the H-2A nonimmigrant worker program is contributing to the problem of illegal immigration.

(c) Report.--Not later than December 31, 1996, or three months after the date of enactment of this Act, whichever is sooner, the Comptroller General shall submit a report to Congress setting forth the findings of the review conducted under subsection (b);

(d) Definitions.--As used in this section--

(1) the term ``Comptroller General'' means the Comptroller General of the United States; and

(2) the term ``H-2A nonimmigrant worker program'' means the program for the admission of nonimmigrant aliens described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.

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SOURCE: Congressional Record Vol. 142, No. 109