Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
55034015
label
Tobacco Farmer Amendments
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
55034015
sourceUrl
contentType
document
title
Tobacco Farmer Amendments
citationUrl
collections
Records of the Domestic Policy Council (Clinton Administration)
Tom Freedman's Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
55034015
levelOfDescription
fileUnit
otherTitles
42-t-7367475-20150274S-038-003-2017
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
9fd43d5a5e3a0168
ocrText
The White House
Vol Guerda furn N
must
0000
DOMESTIC POLICY
FACSIMILE TRANSMISSION COVER SHEET
TO:
Dallas Smith
FAX NUMBER:
720 8254
TELEPHONE NUMBER:
FROM:
ton F.
TELEPHONE NUMBER:
PAGES (INCLUDING COVER):
COMMENTS:
As we disessed
Lost Page masked "last Page"
O:\END\END98.361
LNGAR 1
S.L.C.
12:20 P.M.
Drik moves Lugar
up to 1"mg" ST,
AMENDMENT NO.
Calendar No.
Purpose: To clarify the treatment of payments made to to-
bacco owners and producers and tobacco-dependent
States.
IN THE SENATE OF THE UNITED STATES-105th Cong., 2d Sess.
S.1415
T
AMENDMENT No.
2501 ch tobacco
By Sugar - Mconnell
distributed,
minors, to
Bill/Res. No
) use, and
R
4 Page(s)
C-PO: 1996 25-891 (mac)
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. LUGAR (for
himself and Mr. McCONNELL)
Viz:
1
Strike title X in the Committee amendment and in-
2 sert the following:
3
TITLE X-PAYMENTS TO
4
TOBACCO FARMERS
5 SEC. 1001. BUDGETARY TREATMENT.
6
Subtitle A of title XV constitutes budget authority
7 in advance of appropriations Acts and represents the obli-
8 gation of the Federal Government to provide payments to
June 5, 1998
O:\END\END98.361
S.L.C.
2
1 States and eligible persons in accordance with subtitle A
2 of title XV.
3 SEC. 1002. BUYOUT PAYMENTS TO OWNERS.
4
(a) IN GENERAL-Notwithstanding and in lieu of,
5 section 1514, the Secretary of Agriculture shall make
6 buyout payments for each of the 1999 through 2001 mar-
7 keting years for each kind of tobacco involved to an owner
8 that owns quota at the time of entering into a tobacco
9 transition contract.
10
(b) ALLOCATION.-Of the total amount of buyout
11 payments made under subsection (a)-
12
(1) 46 percent shall be made for the 1999 mar-
13
keting year;
14
(2) 27 percent shall be made for the 2000 mar-
15
keting year; and
16
(3) 27 percent shall be made for the 2001 mar-
17
keting year.
18
(c) COMPENSATION FOR LOST VALUE.--The pay-
19 ment shall constitute compensation for the lost value to
20 the owner of the quota.
21
(d) PAYMENT CALCULATION.-Under this section,
22 the total amount of the buyout payment made to an owner
23 shall be determined by multiplying-
24
(1) $8.00; by
June 5. 1998
O:\END\END98.361
S.L.C.
3
1
(2) the average annual quantity of quota owned
2
by the owner during the 1995 through 1997 crop
3
years.
4 SEC. 1003. TRANSITION PAYMENTS TO PRODUCERS.
5
(a) IN GENERAL.-Notwithstanding and in lieu of,
6 section 1515, the Secretary of Agriculture shall make
7 transition payments for each of the 1999 through 2001
8 marketing years for each kind of tobacco produced, to a
9 producer that-
10
(1) produced the kind of tobacco for each of the
11
1995 through 1997 crops; and
12
(2) entered into a tobacco transition contract.
13
(b) ALLOCATION.-Of the total amount of transition
14 payments made under subsection (a)-
15
(1) 46 percent shall be made for the 1999 mar-
16
keting year;
17
(2) 27 percent shall be made for the 2000 mar-
18
keting year; and
19
(3) 27 percent shall be made for the 2001 mar-
20
keting year.
21
(c) TRANSITION PAYMENTS LIMITED TO LEASED
22 QUOTA.-A producer shall be eligible for transition pay-
23 ments only for the portion of the production of the pro-
24 ducer that is subject to quota that is leased (as defined
June 5, 1998
O:\END\END98.361
S.L.C.
4
1 in section 1503(5) of this Act) during the 3 crop years
2 described in subsection (a)(1).
3
(d) COMPENSATION FOR LOST REVENUE.-The pay-
4 ments shall constitute compensation for the lost revenue
5 incurred by a tobacco producer for a kind of tobacco.
6
(e) PRODUCTION HISTORY; PRODUCTION.-
7
(1) PRODUCTION HISTORY.-The Secretary
8
shall base a transition payment made to a producer
9
on the average quantity of tobacco subject to a mar-
10
keting quota that is produced by the producer for
11
each of the 1995 through 1997 crops.
12
(2) PRODUCTION.-The producer shall have the
13
burden of demonstrating to the Secretary the pro-
14
duction of tobacco for each of the 1995 through
15
1997 crops.
16
(f) PAYMENT CALCULATION.-Under this section,
17 the total amount of the transition payment made to a pro-
18 ducer shall be determined by multiplying-
19
(1) $4.00; by
20
(2) the average quantity of the kind of tobacco
21
produced by the producer for each of the 1995
22
through 1997 crops.
23 SEC. 1004. EFFECTIVE DATE.
24
This title takes effect on the day after the date of
25 enactment of this Act.
June 5. 1998
O:\END\END98.346
S.L.C.
LUGAR 2
Dick Lugar 12:20p.m
AMENDMENT NO.
Calendar No.
Purpose: To make a perfecting amendment.
IN THE SENATE OF THE UNITED STATES-105th Cong., 2d Sess.
S. 1415
To refor:
AMENDMENT No.
2502 cco
prod
to p
By Legan- M Connell
ted,
to
redr
and
Bill/Res. No
for C
Referred
4 Page(s)
-
GPO: 1996 25-891 (mac)
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. LUGAR (for
himself and Mr. MCCONNELL)
Viz:
1
In lieu of the matter proposed to be inserted for title
2 X, insert the following:
3
TITLE X-PAYMENTS TO
4
TOBACCO FARMERS
5 SEC. 1001. BUDGETARY TREATMENT.
6
Subtitle A of title XV constitutes budget authority
7 in advance of appropriations Acts and represents the obli-
8 gation of the Federal Government to provide payments to
June 5, 1998
O:\END\END98.346
S.L.C.
2
1 States and eligible persons in accordance with subtitle A
2 of title XV.
3 SEC. 1002. BUYOUT PAYMENTS TO OWNERS.
4
(a) IN GENERAL-Notwithstanding and in lieu of,
5 section 1514, the Secretary of Agriculture shall make
6 buyout payments for each of the 1999 through 2001 mar-
7 keting years for each kind of tobacco involved to an owner
8 that owns quota at the time of entering into a tobacco
9 transition contract.
10
(b) ALLOCATION.-Of the total amount of buyout
11 payments made under subsection (a)-
12
(1) 46 percent shall be made for the 1999 mar-
13
keting year;
14
(2) 27 percent shall be made for the 2000 mar-
15
keting year; and
16
(3) 27 percent shall be made for the 2001 mar-
17
keting year.
18
(c) COMPENSATION FOR LOST VALUE.-The pay-
19 ment shall constitute compensation for the lost value to
20 the owner of the quota.
21
(d) PAYMENT CALCULATION.-Under this section,
22 the total amount of the buyout payment made to an owner
23 shall be determined by multiplying-
24
(1) $8.00; by
June 5, 1998
O:\END\END98.346
S.L.C.
3
1
(2) the average annual quantity of quota owned
2
by the owner during the 1995 through 1997 crop
3
years.
4 SEC. 1003. TRANSITION PAYMENTS TO PRODUCERS.
5
(a) IN GENERAL.-Notwithstanding and in lieu of,
6 section 1515, the Secretary of Agriculture shall make
7 transition payments for each of the 1999 through 2001
8 marketing years for each kind of tobacco produced, to a
9 producer that-
10
(1) produced the kind of tobacco for each of the
11
1995 through 1997 crops; and
12
(2) entered into a tobacco transition contract.
13
(b) ALLOCATION.-Of the total amount of transition
14 payments made under subsection (a)-
15
(1) 46 percent shall be made for the 1999 mar-
16
keting year;
17
(2) 27 percent shall be made for the 2000 mar-
18
keting year; and
19
(3) 27 percent shall be made for the 2001 mar-
20
keting year.
21
(c) TRANSITION PAYMENTS LIMITED TO LEASED
22 QUOTA.-A producer shall be eligible for transition pay-
23 ments only for the portion of the production of the pro-
24 ducer that is subject to quota that is leased (as defined
June 5, 1998
O:\END\END98.346
S.L.C.
4
1 in section 1503(5) of this Act) during the 3 crop years
2 described in subsection (a)(1).
3
(d) COMPENSATION FOR LOST REVENUE.-The pay-
4 ments shall constitute compensation for the lost revenue
5 incurred by a tobacco producer for a kind of tobacco.
6
(e) PRODUCTION HISTORY; PRODUCTION.-
7
(1) PRODUCTION HISTORY.-The Secretary
8
shall base a transition payment made to a producer
9
on the average quantity of tobacco subject to a mar-
10
keting quota that is produced by the producer for
11
each of the 1995 through 1997 crops.
12
(2) PRODUCTION.-The producer shall have the
13
burden of demonstrating to the Secretary the pro-
14
duction of tobacco for each of the 1995 through
15
1997 crops.
16
(f) PAYMENT CALCULATION.-Under this section,
17 the total amount of the transition payment made to a pro-
18 ducer shall be determined by multiplying-
19
(1) $4.00; by
20
(2) the average quantity of the kind of tobacco
21
produced by the producer for each of the 1995
22
through 1997 crops.
June 5, 1998
O:\END\END98.354
S.L.C.
KeRREY 5-11 3
12:47p.m
Calendar due No.
30%
1
Pr.gn
lost
Jale
AMENDMENT NO.
Purpose: To modify the tobacco transition provisions of title
XV.
IN THE SENATE OF THE UNITED STATES-105th Cong., 2d Sess.
S. 1415
AMENDMENT No.
2530
To ref
bacco
pr
By
Kerrey
outed,
to
rs, to
re-
Bill/Res. No
, and
for
23
Referre
Page(s)
GPO: 1996 25-891 (mac)
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. KERREY
Viz:
1
Strike title XV and insert the following:
2
TITLE XV-TOBACCO
3
TRANSITION
4 SEC. 1501. DEFINITIONS.
5
In this title:
6
(1) GOVERNOR.-The term "Governor" means
7
the chief executive officer of a State.
8
(2) LEASE.-The term "lease" means-
June 4. 1998
O:\END\END98.354
S.L.C.
2
1
(A) the rental of quota on either a cash
2
rent or crop share basis;
3
(B) the rental of farmland to produce to-
4
bacco under a farm marketing quota; or
5
(C) the lease and transfer of quota for the
6
marketing of tobacco produced on the farm of
7
a lessor.
8
(3) OWNER.-The term "owner" means a per-
9
son that, on the date of enactment of this Act, owns
10
quota provided by the Secretary.
11
(4) PRODUCER.-The term "producer" means a
12
person that for each of the 1995 through 1997 crops
13
of tobacco (as determined by the Secretary) that
14
were subject to quota-
15
(A) leased quota or farmland;
16
(B) shared in the risk of producing a crop
17
of tobacco; and
18
(C) marketed the tobacco subject to quota.
19
(5) QUOTA.-The term "quota" means the
20
right to market tobacco under a basic marketing
21
quota or acreage allotment allotted to a person
22
under the Agricultural Adjustment Act of 1938 (7
23
U.S.C. 1281 et seq.).
24
(6) SECRETARY.-The term "Secretary" means
25
the Secretary of Agriculture.
June 4, 1998
O:\END\END98.354
S.L.C.
3
1
(7) STATE.-The term "State" means each of
2
the several States of the United States, the District
3
of Columbia, the Commonwealth of Puerto Rico, and
4
any other territory or possession of the United
5
States.
6
(8) TOBACCO.-The term "tobacco" means any
7
kind of tobacco for which-
8
(A) a marketing quota is in effect;
9
(B) a marketing quota is not disapproved
10
by producers; or
11
(C) price support is available.
12
Subtitle A-Payments for Lost
13
Value of Tobacco Crops
14 SEC. 1511. PAYMENTS FOR LOST VALUE OF TOBACCO
15
CROPS.
16
(a) IN GENERAL.-For each of fiscal years 1999
17 through 2005, the Secretary shall make payments for the
18 lost value of tobacco crops to owners and producers from
19 funds made available from the National Tobacco Trust
20 Fund established by section 401.
21
(b) AMOUNT.-
22
(1) OWNERS.-The amount of the payment
23
made to an owner for a fiscal year under this section
24
shall equal 30 percent of the value of the tobacco
25
produced under a tobacco farm marketing quota or
June 4 1998
O:\END\END98.354
S.L.C.
4
1
farm acreage allotment established owned by the
2
owner under the Agricultural Adjustment Act of
3
1938 (7 U.S.C. 1281 et seq.) for the 1997 crop
4
year.
5
(2) PRODUCERS.-The amount of the payment
6
made to a producer for a fiscal year under this sec-
7
tion shall equal 15 percent of the value of the to-
8
bacco produced by the producer under a tobacco
9
farm marketing quota or farm acreage allotment es-
10
tablished under the Agricultural Adjustment Act of
11
1938 (7 U.S.C. 1281 et seq.) for the 1997 crop
12
year.
13
Subtitle B-Rural Economic
14
Assistance Block Grants
15 SEC. 1521. RURAL ECONOMIC ASSISTANCE BLOCK GRANTS.
16
(a) IN GENERAL.-From funds made available from
17 the National Tobacco Trust Fund established by section
18 401, the Secretary shall use $200,000,000 for each of fis-
19 cal years 1999 through 2003 to provide block grants to
20 tobacco-growing States to assist areas of such a State that
21 are economically dependent on the production of tobacco.
22
(b) PAYMENTS BY SECRETARY TO TOBACCO-GROW-
23 ING STATES.-
24
(1) IN GENERAL.-The Secretary shall use the
25
amount available for a fiscal year under subsection
June 4, 1998
O:\END\END98.354
S.L.C.
5
1
(a) to make block grant payments to the Governors
2
of tobacco-growing States.
3
(2) AMOUNT.-The amount of a block grant
4
paid to a tobacco-growing State shall be based on,
5
as determined by the Secretary-
6
(A) the number of counties in the State in
7
which tobacco production is a significant part of
8
the county's economy; and
9
(B) the level of economic dependence of
10
the counties on tobacco production.
11
(c) GRANTS BY STATES To ASSIST TOBACCO-GROW-
12 ING AREAS.-
13
(1) IN GENERAL.-A Governor of a tobacco-
14
growing State shall use the amount of the block
15
grant to the State under subsection (b) to make
16
grants to counties or other public or private entities
17
in the State to assist areas that are dependent on
18
the production of tobacco, as determined by the Gov-
19
ernor.
20
(2) AMOUNT.-The amount of a grant paid to
21
a county or other entity to assist an area shall be
22
based on-
23
(A) the ratio of gross tobacco sales receipts
24
in the area to the total farm income in the area;
25
and
June 4. 1998
O:\END\END98.354
S.L.C.
6
1
(B) the ratio of all tobacco related receipts
2
in the area to the total income in the area.
3
(3) USE OF GRANTS.-A county or other entity
4
that receives a grant under this subsection may use
5
the grant in a manner determined appropriate by
6
the county or entity (with the approval of the State)
7
to assist producers and other persons that are eco-
8
nomically dependent on the production of tobacco,
9
including use for-
10
(A) on-farm diversification, alternatives to
11
the production of tobacco, and risk manage-
12
ment;
13
(B) off-farm activities such as education,
14
retraining, and development of non-tobacco re-
15
lated jobs; and
16
(C) assistance to tobacco warehouse own-
17
ers or operators.
18
(d) TERMINATION OF AUTHORITY.-The authority
19 provided by this section terminates September 30, 2003.
June 4, 1998
O:\END\END98.354
S.L.C.
7
1 Subtitle C-Tobacco Price Support
2
and Production Adjustment Pro-
3
grams
4 SEC. 1531. TERMINATION OF TOBACCO PRICE SUPPORT
5
PROGRAM.
6
(a) PARITY PRICE SUPPORT.-Section 101 of the Ag-
7 ricultural Act of 1949 (7 U.S.C. 1441) is amended-
8
(1) in the first sentence of subsection (a), by
9
striking "tobacco (except as otherwise provided here-
10
in), corn," and inserting "corn";
11
(2) by striking subsections (c), (g), (h), and (i);
12
(3) in subsection (d) (3)-
13
(A) by striking ", except tobacco,"; and
14
(B) by striking "and no price support shall
15
be made available for any crop of tobacco for
16
which marketing quotas have been disapproved
17
by producers;"; and
18
(4) by redesignating subsections (d) and (e) as
19
subsections (c) and (d), respectively.
20
(b) TERMINATION OF TOBACCO PRICE SUPPORT AND
21 No NET COST PROVISIONS.-Sections 106, 106A, and
22 106B of the Agricultural Act of 1949 (7 U.S.C. 1445,
23 1445-1, 1445-2) are repealed.
June 4. 1998
O:\END\END98.354
S.L.C.
8
1
(c) DEFINITION OF BASIC AGRICULTURAL COMMOD-
2 ITY.-Section 408(c) of the Agricultural Act of 1949 (7
3 U.S.C. 1428(c)) is amended by striking "tobacco,"
4
(d) REVIEW OF BURLEY TOBACCO IMPORTS.-Sec-
5 tion 3 of Public Law 98-59 (7 U.S.C. 625) is repealed.
6
(e) POWERS OF COMMODITY CREDIT CORPORA-
7 TION.-Section 5 of the poration Charter Act (15 U.S.C.
8 714c) is amended by inserting "(other than tobacco)"
9 after "agricultural commodities" each place it appears.
10
(f) TRANSITION PROVISIONS.-
11
(1) LIABILITY.-The amendments made by this
12
section shall not affect the liability of any person
13
under any provision of law as in effect before the ef-
14
fective date of this section.
15
(2) TOBACCO STOCKS AND LOANS.-The Sec-
16
retary shall issue regulations that require-
17
(A) the orderly disposition of tobacco
18
stocks; and
19
(B) the repayment of all tobacco price sup-
20
port loans by not later than 1 year after the ef-
21
fective date of this section.
22
(g) CROPS.-This section and the amendments made
23 by this section shall apply with respect to the 1999 and
24 subsequent crops of the kind of tobacco involved.
June 4. 1998
O:\END\END98.354
S.L.C.
9
1 SEC. 1532. TERMINATION OF TOBACCO PRODUCTION AD-
2
JUSTMENT PROGRAMS.
3
(a) DECLARATION OF POLICY.-Section 2 of the Ag-
4 ricultural Adjustment Act of 1938 (7 U.S.C. 1282) is
5 amended by striking "tobacco,".
6
(b) DEFINITIONS.-Section 301(b) of the Agricul-
7 tural Adjustment Act of 1938 (7 U.S.C. 1301(b)) is
8 amended—
9
(1) in paragraph (3)-
10
(A) by striking subparagraph (C); and
11
(B) by redesignating subparagraph (D) as
12
subparagraph (C);
13
(2) in paragraph (6)(A), by striking "tobacco,";
14
(3) in paragraph (7), by striking the following:
15
"tobacco (flue-cured), July 1-June 30;
16
"tobacco (other than flue-cured), October
17
1-September 30;";
18
(4) in paragraph (10)-
19
(A) by striking subparagraph (B); and
20
(B) by redesignating subparagraph (C) as
21
subparagraph (B);
22
(5) in paragraph (11)(B), by striking "and to-
23
bacco";
24
(6) in paragraph (12), by striking "tobacco,";
25
(7) in paragraph (14)-
June 4, 1998
O:\END\END98.354
S.L.C.
10
1
(A) in subparagraph (A), by striking
2
"(A)"; and
3
(B) by striking subparagraphs (B), (C),
4
and (D);
5
(8) by striking paragraph (15);
6
(9) in paragraph (16)-
7
(A) by striking subparagraph (B); and
8
(B) by redesignating subparagraph (C) as
9
subparagraph (B); and
10
(10) by redesignating paragraphs (16) and (17)
11
as paragraphs (15) and (16), respectively.
12
(c) PAR!TY PAYMENTS.-Section 303 of the Agricul-
13 tural Adjustment Act of 1938 (7 U.S.C. 1303) is amended
14 in the first sentence by striking "rice, or tobacco," and
15 inserting "or rice,".
16
(d) MARKETING QUOTAS.-Part I of subtitle B of
17 title III of the Agricultural Adjustment Act of 1938 (7
18 U.S.C. 1311 et seq.) is repealed.
19
(e) ADMINISTRATIVE PROVISIONS.-Section 361 of
20 the Agricultural Adjustment Act of 1938 (7 U.S.C. 1361)
21 is amended by striking "tobacco,"
22
(f) ADJUSTMENT OF QUOTAS.-Section 371 of the
23 Agricultural Adjustment Act of 1938 (7 U.S.C. 1371) is
24 amended-
June 4, 1998
O:\END\END98.354
S.L.C.
11
1
(1) in the first sentence of subsection (a), by
2.
striking "peanuts, or tobacco" and inserting "or
3
peanuts"; and
4
(2) in the first sentence of subsection (b), by
5
striking "peanuts or tobacco" and inserting "or pea-
6
nuts".
7
(g) REPORTS AND RECORDS.-Section 373 of the Ag-
8 ricultural Adjustment Act of 1938 (7 U.S.C. 1373) is
9 amended—
10
(1) by striking "peanuts, or tobacco" each place
11
it appears in subsections (a) and (b) and inserting
12
"or peanuts"; and
13
(2) in subsection (a)-
14
(A) in the first sentence, by striking "all
15
persons engaged in the business of redrying,
16
prizing, or stemming tobacco for producers,";
17
and
18
(B) in the last sentence, by striking
19
"$500;" and all that follows through the period
20
at the end of the sentence and inserting
21
"$500.".
22
(h) REGULATIONS.-Section 375(a) of the Agricul-
23 tural Adjustment Act of 1938 (7 U.S.C. 1375(a)) is
24 amended by striking "peanuts, or tobacco" and inserting
25 "or peanuts
June 4. 1998
O:\END\END98.354
S.L.C.
12
1
(i) EMINENT DOMAIN.-Section 378 of the Agricul-
2 tural Adjustment Act of 1938 (7 U.S.C. 1378) is amend-
3 ed-
4
(1) in the first sentence of subsection (c), by
5
striking "cotton, tobacco, and peanuts" and insert-
6
ing "cotton and peanuts"; and
7
(2) by striking subsections (d), (e), and (f).
8
(j) BURLEY TOBACCO FARM RECONSTITUTION.-
9 Section 379 of the Agricultural Adjustment Act of 1938
10 (7 U.S.C. 1379) is amended-
11
(1) in subsection (a)-
12
(A) by striking "(a)"; and
13
(B) in paragraph (6), by striking ", but
14
this clause (6) shall not be applicable in the
15
case of burley tobacco"; and
16
(2) by striking subsections (b) and (c).
17
(k) ACREAGE-POUNDAGE QUOTAS.-Section 4 of the
18 Act entitled "An Act to amend the Agricultural Adjust-
19 ment Act of 1938, as amended, to provide for acreage-
20 poundage marketing quotas for tobacco, to amend the to-
21 bacco price support provisions of the Agricultural Act of
22 1949, as amended, and for other purposes", approved
23 April 16, 1965 (Public Law 89-12: 7 U.S.C. 1314c note),
24 is repealed.
June 4, 1998
O:\END\END98.354
S.L.C.
13
1
(1) BURLEY TOBACCO ACREAGE ALLOTMENTS.-The
2 Act entitled "An Act relating to burley tobacco farm acre-
3 age allotments under the Agricultural Adjustment Act of
4 1938, as amended", approved July 12, 1952 (7 U.S.C.
5 1315), is repealed.
6
(m) TRANSFER OF ALLOTMENTS.-Section 703 of
7 the Food and Agriculture Act of 1965 (7 U.S.C. 1316)
8 is repealed.
9
(n)
ADVANCE
RECOURSE
LOANS.-Section
10 13(a)(2)(B) of the Food Security Improvements Act of
11 1986 (7 U.S.C. 1433c-1(a)(2)(B)) is amended by striking
12 "tobacco and".
13
(o) TOBACCO FIELD MEASUREMENT.-Section 1112
14 of the Omnibus Budget Reconciliation Act of 1987 (Public
15 Law 100-203) is amended by striking subsection (c).
16
(p) LIABILITY.-The amendments made by this sec-
17 tion shall not affect the liability of any person under any
18 provision of law as in effect before the effective date under
19 subsection (q).
20
(q) CROPS.-This section and the amendments made
21 by this section shall apply with respect to the 1999 and
22 subsequent crops of the kind of tobacco involved.
June 4. 1998
O:\END\END98.354
S.L.C.
14
i
Subtitle D-Miscellaneous
2 SEC. 1541. TOBACCO PRODUCERS MARKETING CORPORA-
3
TION.
4
(a) ESTABLISHMENT.-There is established a cor-
5 poration to be known as the "Tobacco Producers Market-
6 ing Corporation", which shall be a federally chartered in-
7 strumentality of the United States.
8
(b) DUTIES.-The Corporation negotiate with buyers
9 of tobacco produced in the United States on behalf of pro-
10 ducers of the tobacco that elect to be represented by the
11 Corporation (referred to in this section as "participating
12 producers").
13
(c) BOARD OF DIRECTORS.-
14
(1) IN GENERAL.-The powers of the Corpora-
15
tion shall be vested in a Board of Directors.
16
(2) MEMBERS.-The Board of Directors shall
17
composed of members elected by participating pro-
18
ducers.
19
(3) MEMBERSHIP QUALIFICATIONS.-A member
20
of the Board shall not hold any Federal, State, or
21
local elected office or be a Federal officer or em-
22
ployee.
23
(4) CHAIRPERSONS.-The chairperson of the
24
Board shall be elected by members of the Board.
25
(5) EXECUTIVE DIRECTOR.-
June 4. 1998
O:\END\END98.354
S.L.C.
15
1
(A) APPOINTMENT.-The Board shall ap-
2
point an Executive Director.
3
(B) DUTIES.-The Executive Director
4
shall be the chief executive officer of the Cor-
5
poration, with such power and authority as may
6
be conferred by the Board.
7
(C) COMPENSATION.-The Executive Di-
8
rector shall receive basic pay at the rate pro-
9
vided for level IV of the Executive Schedule
10
under section 5315 of title 5, United States
11
Code.
12
(6) OFFICERS.-The Board shall establish the
13
offices and appoint the officers of the Corporation,
14
including a Secretary, and define the duties of the
15
officers in a manner consistent with this section.
16
(7) MEETINGS.-
17
(A) IN GENERAL.-The Board shall meet
18
at least 3 times each fiscal year at the call of
19
a Chairperson or at the request of the Execu-
20
tive Director.
21
(B) LOCATION.-The location of a meeting
22
shall be subject to approval of the Executive Di-
23
rector.
24
(C) QUORUM.-A quorum of the Board
25
shall consist of a majority of the members.
June 4, 1998
O:\END\END98.354
S.L.C.
16
1
(8) TERM; VACANCIES.-
2
(A) TERM.-The term of office of a mem-
3
ber of the Board elected under paragraph (2)
4
shall be 4 years.
5
(B) VACANCIES.-A vacancy on the Board
6
shall be filled in the same manner as the origi-
7
nal appointment was made.
8
(9) COMPENSATION.-
9
(A) IN GENERAL.-A member of the Board
10
shall receive, for each day (including travel
11
time) that the member is engaged in the per-
12
formance of the functions of the Board, com-
13
pensation at a rate not to exceed the daily
14
equivalent of the annual rate in effect for level
15
IV of the Executive Schedule under section
16
5315 of title 5, United States Code.
17
(B) EXPENSES.-A member of the Board
18
shall be reimbursed for travel, subsistence, and
19
other necessary expenses incurred by the mem-
20
ber in the performance of the duties of the
21
member.
22
(10) CONFLICT OF INTEREST; FINANCIAL DIS-
23
CLOSURE.-
24
(A) CONFLICT OF INTEREST.-Except as
25
provided in subparagraph (C), a member of the
June 4, 1998
O:\END\END98.354
S.L.C.
17
1
Board shall not vote on any matter concerning
2
any application, contract, or claim, or other
3
particular matter pending before the Corpora-
4
tion, in which, to the knowledge of the member,
5
the member, spouse, or child of the member,
6
partner of the member, or organization in
7
which the member is serving as officer, director,
8
trustee, partner, or employee, or any person or
9
organization with which the member is nego-
10
tiating or has any arrangement concerning pro-
11
spective employment, has a financial interest.
12
(B) VIOLATIONS.-Violation of subpara-
13
graph (A) by a member of the Board shall be
14
cause for removal of the member, but shall not
15
impair or otherwise affect the validity of any
16
otherwise lawful action by the Corporation in
17
which the member participated.
18
(C) EXCEPTIONS.-
19
(i) IN GENERAL.-Except as provided
20
in clause (ii), the prohibitions contained in
21
subparagraph (A) shall not apply if-
22
(I) a member of the Board ad-
23
vises the Board of the nature of the
24
particular matter in which the mem-
25
ber proposes to participate, and if the
June 4. 1998
O:\END\END98.354
S.L.C.
18
1
member makes a full disclosure of the
2
financial interest, prior to any partici-
3
pation; and
4
(II) the Board determines, by
5
majority vote, that the financial inter-
6
est is too remote or too inconsequen-
7
tial to affect the integrity of the mem-
8
ber's services to the Corporation in
9
that matter.
10
(ii) VOTE.-The member involved
11
shall not vote on the determination under
12
clause (i)(II).
13
(D) FINANCIAL DISCLOSURE.-A Board
14
member shall be subject to the financial disclo-
15.
sure requirements of subchapter B of chapter
16
XVI of title 5, Code of Federal Regulations (or
17
any corresponding or similar regulation or rul-
18
ing), applicable to a special Government em-
19
ployee (as defined in section 202(a) of title 18,
20
United States Code).
21
(11) BYLAWS.-The Board shall adopt, and
22
may from time to time amend, any bylaw that is
23
necessary for the proper management and function-
24
ing of the Corporation.
June 4. 1998
O:\END\END98.354
S.L.C.
19
1
(12) PERSONNEL.-The Corporation may select
2
and appoint officers, attorneys, employees, and
3
agents, who shall be vested with such powers and
4
duties as the Corporation may determine.
5
(d) GENERAL POWERS.-In addition to any other
6 powers granted to the Corporation under this section, the
7 Corporation-
8
(1) shall have succession in its corporate name;
9
(2) may adopt, alter, and rescind any bylaw and
10
adopt and alter a corporate seal, which shall be judi-
11
cially noticed;
12
(3) may enter into any agreement or contract
13
with a person or private or governmental agency;
14
(4) may lease, purchase, accept a gift or dona-
15
tion of, or otherwise acquire, use, own, hold, im-
16
prove, or otherwise deal in or with, and sell, convey,
17
mortgage, pledge, lease, exchange, or otherwise dis-
18
pose of, any property or interest in property, as the
19
Corporation considers necessary in the transaction
20
of the business of the Corporation;
21
(5) may sue and be sued in the corporate name
22
of the Corporation, except that-
23
(A) no attachment. injunction, garnish-
24
ment, or similar process shall be issued against
June 4. 1998
O:\END\END98.354
S.L.C.
20
1
the Corporation or property of the Corporation;
2
and
3
(B) exclusive original jurisdiction shall re-
4
side in the district courts of the United States,
5
and the Corporation may intervene in any court
6
in any suit, action, or proceeding in which the
7
Corporation has an interest;
8
(6) may independently retain legal representa-
9
tion;
10
(7) may provide for and designate such commit-
11
tees, and the functions of the committees, as the
12
Board considers necessary or desirable;
13
(8) may indemnify officers of the Corporation,
14
as the Board considers necessary and desirable, ex-
15
cept that the officers shall not be indemnified for an
16
act outside the scope of employment;
17
(9) may, with the consent of any board, com-
18
mission, independent establishment, or executive de-
19
partment of the Federal Government, including any
20
field service, use information, services, facilities, offi-
21
cials, and employees in carrying out this section, and
22
pay for the use, which payments shall be transferred
23
to the applicable appropriation account that incurred
24
the expense;
June 4. 1998
O:\END\END98.354
S.L.C.
21
1
(10) may obtain the services and fix the com-
2
pensation of any consultant and otherwise procure
3
temporary and intermittent services under section
4
3109(b) of title 5, United States Code;
5
(11) may use the United States mails on the
6
same terms and conditions as the Executive agencies
7
of the Federal Government;
8
(12) shall have the rights, privileges, and immu-
9
nities of the United States with respect to the right
10
to priority of payment with respect to debts due
11
from bankrupt, insolvent, or deceased creditors;
12
(13) may collect or compromise any obligations
13
assigned to or held by the Corporation, including
14
any legal or equitable rights accruing to the Cor-
15
poration;
16
(14) shall determine the character of, and ne-
17
cessity for, obligations and expenditures of the Cor-
18
poration and the manner in which the obligations
19
and expenditures shall be incurred, allowed, and
20
paid, subject to provisions of law specifically applica-
21
ble to Government corporations;
22
(15) may make final and conclusive settlement
23
and adjustment of any claim by or against the Cor-
24
poration or a fiscal officer of the Corporation:
June 4, 1998
O:\END\END98.354
S.L.C.
22
1
(16) may sell assets, loans, and equity interests
2
acquired in connection with the financing of projects
3
funded by the Corporation; and
4
(17) may exercise all other lawful powers nec-
5
essarily or reasonably related to the establishment of
6
the Corporation to carry out this title and the pow-
7
ers, purposes, functions, duties, and authorized ac-
8
tivities of the Corporation.
9. SEC. 1542. ASSISTANCE FOR PRODUCERS EXPERIENCING
10
LOSSES OF FARM INCOME.
11
(a) IN GENERAL-Notwithstanding any other provi-
12 sion of this title, from amounts made available to carry
13 out this title, the Secretary shall use $250,000,000 for
14 each of fiscal years 1999 through 2004 to establish a pro-
15 gram to indemnify eligible producers that have experi-
16 enced, or are experiencing, catastrophic losses in farm in-
17 come, as determined by the Secretary.
18
(b) GROSS INCOME AND PAYMENT LIMITATIONS.-
19 In carrying out this section, the Secretary shall, to the
20 maximum extent practicable, use gross income and pay-
21 ment limitations established for the Disaster Reserve As-
22 sistance Program under section 813 of the Agricultural
23 Act of 1970 (7 U.S.C. 1427a).
June 4. 1998
O:\END\END98.354
S.L.C.
23
1
SEC. 1543. SAVINGS.
2
Except as provided in section 1542, any savings de-
3 rived as a result of this title shall be used for tobacco use
4 prevention and cessation initiatives.
June 4. 1998
WARNER 1
1:04 1:04p.m. P.M.
AMENDMENT NO.
Ex.
Calendar No.
Purpose:
To provide for services to dislocated
workers negatively impacted by the implemen Tatior
of The Act
IN THE SENATE OF THE UNITED STATES
Cong,
Sess.
S.
1415
H.R.
(or Treaty
)
SHORT TITLE
(title)
( ) Referred to the Committee on
and ordered to be printed
( ) Ordered to lie on the table and to be printed
INTENDED to be proposed by
WARNER
Viz:
1
Strike Sec. 1031.
2
3
4
5
AMENDMENT No. 2564
6
By Warner
7
Bill/Res. No
\
5.1415
8
/
9
Page(
10
GPO. 1996 25-891 (mac)
11
12
13
14
Last page
Potential compromise
FARMER PAYMENTS
$16.5 bil.
$8/$4 formula of both bills unchanged
Speed of payments: as fast as bill will allow (McCain's call)
PROGRAM
Terminates after 15 years
Authority for Interstate Compacts after 15 years
PROGRAM COSTS
$ 1.5 bil. (max.)
Covered as under LEAF Act for 15 years
ECONOMIC DEVELOPMENT/EDUCATION
$ 4.46 bil.
80% of LEAF Act amounts
Limit Economic Development to 15 years
Limit Education grants to 20 years
$ 22.46 bil.
OVERALL COSTS
TOE
get
FAX COVER SHEET
U.S. DEPARTMENT OF AGRICULTURE
Office of the Under Secretary
Farm and Foreign Agricultural Services
14th Street and Independence Avenue, S.W.
Washington, D.C. 20250-0105
Fax No: (202) 720-8254
Telephone: (202) 720-3111
Date:
6/16/98 - 3:44p.m,
TO G:
For Freedman
WH
FAX NO:
456-7431
PAGES:
10
(including cover)
FROM:
AUGUST SCHUMACHER
BUTCH MAY
Jaho
DALLAS R. SMITH
KATHY BLYTHE
JIM SCHROEDER
JACKIE BURRELLO
OTERESA GRUBER
VICKIE PAIGE
OJOHN WINSKI
COMMENTS:
Attachment 1st Installs plus our Comment,
14:46 FAX 202 720 8254
USDA-PPAS
03/18/98 TUE 11:23 FAX 202 156 5581
DOMESTIC POLICY COL
001
THE WHITE HOUSE
WASHINGTON
DOMESTIC POLICY COUNCIL
FACSIMILE FOR: Dollas Smith
DATE:
TELEPHONE:
FAX:
FACSIMILE FROM: MARY SMITH
TELEPHONE: (202) 456-5571
FAX: (202) 456-7431
NUMBER OF PAGES (INCLUDING COVER):
COMMENTS: list instalment of amendment
06/16/98 TUE 14:47 FAX 202 720 8254
USDA-FFAS
06/16/98 TUE 11:23 FAI 202 456 5581
DOMESTIC POLICY COL
00
Cynthia Dallard
08/15/98 02:46:30 PM
Record Type:
Record
To:
Cynthia A. Rice/OPD/EOP, Jeanne Lambraw/OPD/EOP. Thomas L. Freedman/OPD/EOP. Mary L.
Smith/OPD/EOP
cc:
Subject: new list of McCain amendments.
amend616.wpd Here is another list of McCain amendments. This time, we will ask the agencies
whether we should oppose or support accepting the amendments by UC. I will also ask the
agencies to note which amendments we need to actively fight. I am having the amendments
pulled off the web. and I will get you copies of your emendments as soon as I can.
06/16/98
TUE
14:47
FAX
202
120
03/16/98 TUE 11:23 FAX 202 456 5581
DOMESTIC POLICY COL
003
amend616.wpd
Page
Amendment
Oppose
Negtral
Support
Amendment 2569 (Abrabam): Authorizes
anti-drug activities that may be included in the
section that deals with counter-adverusing
Amendment 2430 (Allard): Specifies that each State
legislarure appropriates amounts made available to the
States.
A mendment 2457 (Cbafee): Crastes in EPA a national
education and outreach campaign for the effects of second
hand smoke and allocates $55 million annually
Amendment 2468 (Chafes): Provider grants for minority
medical schools for endowmeres and establishes public
health programs regarding tobacco products
Amendment 2469 (Chafee): Replaces section 402(b) with
& section that requires tobacco manufacturers to annual
base payments. Section 403 delered Adjusts the
applicable base amount for changes in volume of domestic
sales.
Amendment 2463 (Coats): Deletes section 1161 -
Improving Child Care and Barty Childhood Development
Amendment 2464 (Conts): Addr Section 231(h) - No
HHS or State authority to catablish & llecering program or
conduct inspections of retailers on Federal military bases
Amendment 2465 (Costs): Prohibits the diversion of
FDA resources
Amendment 2466 (Costs): Establishes 1 Center for
Tobacco Produce Regulation at FDA
Amendment 2467 (Costs): Defines and gives guidelines
for "Nonprofi Private Entitles"
Amendment 2472 (Costs): Limits attorneys fees
Amendment 2441 (Craig): Creates . Black Lung
Allocation Account
Amendment 2571 (D'Amsto): [2nd degree to #2443
(Feinstein)] Limits local governments that are eligible for
assistment to those who supply Medicaid services of direct
Indigent care
Amendment 2461-2462 (Domanici): Delete rection
401(c) - Budgetary Treatment
Amendment 2481 (Domenicl): Allows 1 State to use
funds for and-teen smoking and anti-drug use programs
and a administer I limitation on antorneys' fees.
Amendment 2482 (Domenicl): Limits attorneys' fees to
$2000/hr spent in productive time.
Amendment 2483 (Domenici): Erablishes 8 trust fund in
1 separate account called the Veterans Account and
specifies that aroounts in Veterans Account shall be
available in the amounts provided in advance
appropriation acts.
Amendment 2484 (Domenici): Eliminares restrictions on
State allocations
Amendment 2485 (Domenici): Permits expedited judicial
review
REASONS FOR OPPOSITION
Amend, #
Reason for Opposition
2699
Oppose - Not needed under current tobacco program or the Ford Amendment
program.
2700
Oppose - Eliminates tobacco program abruptly, causing undue hardships for
tobacco producers and their communities.
2492
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2493
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2494
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2495
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2496
Oppose - Favor continuation of the tobacco program under the Ford Amendment
2497
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2498
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2499
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2500
Oppose - Favor continuation of the tobacco program under the Ford Amendment
2502
Oppose - Favor continuation of the tobacco program under the Ford Amendment.
2435
Oppose - May not adequately compensate tobacco farmers and their communities.
s:\dircctorifo_draftdallas.amd
06/16/98 TUE 14:49 FAX 202 720 8254
USDA-FFAS
009
DOMESTIC POLICY COL
008
03/16/98 TUE 11:25 FAX 202 156 5581
amend616.wpd
Page
Deletes Title X
Amendment 2494 (Lngar): Deletes Section
is the Special Ruic for Tenant of
Leased Tobacco
Amendmexx2495 (Lugar): Deleas TidoX
Amendment/2497 (Legar):Dcietes Title X and adds
section 1001-Budgency Treatment: section 1002 - Boy
out Payments to Owners: section 1003 . Transition
Payments ID Producers; Section 1004 - Effective Date
Amendment2498 (Lugar): Changes payment system of
farmers
Amendment 2499(Lugar): Makes additional changes to
payment system of numers
Amendment 2500 (Lugar): Makes additional changes w
payment system of furmers
Amendment 1502 (Logar): Makes additional changes to
payment system of farmers
Amendment 2459 (Sessions): Establish a namonal tobacco
compensation program
Amendment 2702 (Reed): Second degree to Amendment
2437; disaltowance of TEX deduction for tobacco
advertising expenses DOL is conformity with part 897 of
X
CFR title 21.
Amendment 2435 (G. Smith): Tica the annual payments
of di tobacco companies B the ustal number of units of
inbacco products that were sold in the previous year in the
U.S. II also changes the spending allocations - 10 percent
unrustricted to states: 10 percent to health and health
research: 10 percent to furners: 70 percent to Medicare
Trust Fund
Amendment 2572 (G. Smith): (2nd degree to #2435 (C.
Smith)] Eliminates the section of the previous amendment
that connects industry payments a the number of unles
sold
Amendment 2476 (Snowe): Adds "Subtide A -
Provisions Relating to the Protocol and Liability" and
"Subtitle B - Codification of Marketing and Advertising
Restrictions" and section 1421 - Finding: section 1422 -
Advertising Provisions: section 1423 - Point-of-Sate
Restrictions: and section 1424 - Stantary Advertising
Restrictions
Amendment 2477 (Snowe): Adds "Subaide A -
Provisions Relating to the Protocol and Liability" and
"Subtitle B - Codification of Markering m6 Advertising
Restrictions" and section 1421- Finding: section 1422 -
Advertising Provisions; section 1423 - Point-of-Sale
Restrictions: section 1426 - Statutory Advertising
Restrictions: gottion 1425 - Effective Dear, and section
1426 - Sunset Provision
Amendment 2690 (Toricelli and Wellstone): Provides
for Medicaid children's beaus Sets aside 15% of funding
for states not conducting outreach efforts for Medicaid
children enrollment, and for streamlined procedures for
determining aligibility and enrollment
Amendment 2573 (Wellstone): (2nd degree to #2508
(Craig) Requires that payments B STATES the have senied
with tobacco companies must be made from the State
Account until the state actually receives payment from the
companies
IUE
06/16/98 TUE 11:25 FAX 202 456 5581
DOMESTIC POLICY COL
007
amend616.wpd
Page
Amountment 2641 (Ford): A second degree amendment to
2640 (Ford) that doubles surcharges for non-attainment
and toplaces p107 line 5-p182, line 21.
Amendments 1642-2681 (Ford): Same " Amendments
2577-2615.
Amendment 2684 (Ford): A substiture.
Amendment I691 (Ford): Strikes bill after page 444 (the
Logar provisions)
Amendmen 2692 (Ford): Eliminates the Lugar
provisions.
Amendment 2693 (Ford): Substitutes Title X: Long Term
Economic Assistance a Farmers.
X
Amendment 1690 (Ford): Second degree amendment to
2501 (Lugar), Substitutes Title X; Long Term Economic
Assisunce to Farmers.
Amendment(2695 (Ford): Second degree amendment to
2498 (Lugar): Substitutes Title X: Long Term Economic
X
Assistance to Farmers
Amendment 2696 and 2697 (Ford): Second degree
amondment to 2493 (Lugar); Substitutes Title X; Long
Term Economic Assistance to Fermers;
Natives
Amendment 2490 (Gorton): Adds section 604 -State
Tobacco Tax Compliance"
X
Amendment 2491 (Gorton): Adds section 604 "State
Antik
Tobacco Tax Compliance"
X
Amendment 2473 (Hellings): Deletes section 907(3) -
The Secretary may not ban 1 class of products or atiminess
nicotine coptent without Congressional authority,
Amendment 2474 (Hollings): Deletes section 506, lines
11-18 and adds This title shall not apply to any State that,
by law. provides it shall not apply to the State."
Amendment 2675 (Hollings): Restricts importation of
tobacco products.
Amendment 2682-2683 (Hollings): Second degree B
Amendment 2492 (Lugar): Flue-cured tobacco production
permits.
X
Amendment 2462 (Kerrey). Reallocates the funding in
the state accounts based on the need for smoking cestarion
and it allows SLATES as use all of the restricted STATE grants
X
for smoking conserion
X
Amendment-2699 (Karry): Establishes Tobacco
Producers Marketing Corporation.
X
Amendment 2700 (Kerry): Provides for payments for last
value of tobacco-erops 30% of value for farmers, 15% for
producers). economic assistance block grants
($200.000,000 from the Trust Fund 1999-2003),
termination of the tobacco price supports. and termination
of tobacco production adjustment programs.
Amendment 2635 (Kohl): Limits court orders and
agreements restricting the disclosure of information arising
from discovery In tobacco litigation.
Amendment 2637 (Leaby and Dewine): Provides for
Treasury Department to Include in regularions "squenued
transactions" of illegal tobacco trafficking. perminting the
currulative consideration of small transactions. Further
Provides for U.S. Sentencing Commission to review and
X
amend its guidelines for punishment of tobacco offenses.
Amendment 2492 (Legar): Determs section 1024 which
are the flue cured tobacco production permits
06/16/98
TUE
14:48
FAX
202
720
8254
USDA-FFAS
006
08/18/98 TUE 11:24 FAX 202 458 5581
DOMESTIC POLICY COL
amend616.wpd
Page
Amendment 2607 (Ford): Changes the definition of
"pubHe facility" for purposes of smoke-free policy from R
building regularly entered by 10 or more individuals at
last 1 day I week to 10 or more invididuals = lnest 4 days
& week
X
Amendment 1608 (Ford): Requires notice to be served on
someone violating a smoke-free policy at least 180 days
before begining adverse action. rather than 60 days notice
X
Amendment 2609 (Ford): Extends the period in which 1
smoke-free policy must be brought into compliance from
X
60 days to 180 days
Amendment 2610 (Ford): Eliminetes awarding of carts
of litigation B an individual bringing suit against someone
found guilty of violaring the smoke-free policy
Amendment 2611 (Ford): Requires a 180-day period for
public comment on any regulation issued under the
authority of the section governing environmental tobacco
smoke
Amendment 2612 (Ford): Exampts any state that has its
own ETS laws from the application of the federal law
Amendment 2613 (Ford): Includes a finding in the
Namer
section dealing with the application to Indian Tribes that
there is significant potential for the creation of a black
market E lands under Indian jurisdiction
X
Native
Amendment 2614 (Ford): Requires Indian Tribes to
ANG
establish 1 program B manicor the manufacture.
distribution and use of black market tobscco products -
lands under their jurisdication
Amendment 2615 (Ford): Provides immunity from
tobacco claims to tobacco growers. cooperatives or
X
warehouses
Amendments 2616-20 (Ford): Provide slightly different
versions of a substitute bill
Amendment 2621 (Ford): [2nd dagree amendment to
#2501 (Lugar)] Substitutes Senamr Ford's title x on the
economic assistance a farmers and their communities
X
Amendment 2621/(Ford). Strikes the Lugar Tobacco
Assistance Title
Amendment 2628 (Ford): [2nd degree amendment to
#2497 (Lugar)] Substitutes the Ford Tobacco Assistance
Title
Amendment 2629 (Ford): Strikes the Lugar Tobacco
Assistance Title
Amendment (Ford); Smikes the elimination of the
tobacco in the Lager Tobacco Assistance
Title
Amendment (Ford): [2nd dogree amendment to
#2435 (Ford)] Strikes the Lugar Tobacco Assistance Title
X
Amendment 2632 (Ford): [2nd degree amondment a
#2435 (Ford)] Smikes the Lugar Tobacco Assistance Title
Amendment 1638 (Ford): Strikes all of Title 1; except
definitions.
Amendment 2639 (Ford): A second degres amendment to
2638 (Ford), miking all of Tide 1. except definitions.
Amendment 2640 (Ford): Doubles surcharges for
and replaces P107 line S-p182, line 21.
X
06/16/98 TUE 14:48 FAX 202 720 8254
USDA-FFAS
E
DOMESTIC POLICY COL
00:
06/16/98 TUE 11:24 FAX 202 138 5581
amend616.wpd
Page
Amendment 2586 (Ford): Requires Congressional review
of FDA regulation that reduces nicotine by so percent or
more (nither than only when proposing to clusines
nicocino altogether)
Amendment2587 (Ford): Eliminetes FDA's ability 9
accetorate the effective date of 1 performance suandard
Amendment 2588 (Ford): Changes the standard that FDA
would USE to notify a manufacturer of a product's
Same
immediate (rather than substantial) harm
Amendment 2588 (Ford): Changes the standard that FDA
would use to notify a manufacturer of a product's
immediate (rether than substantial) barm
Amendment 2590 (Ford): Shortens the time that FDA has
to are 00 an application for premarker approval from 180
days to 90 days
Amendment 2591 (Ford): Requires . 120-day public
comment period for the issuance of FDA's regulations
same
governing postmarker surveillance
Amendment 2591 (Ford): Requires a 120-day public
comment period for the issuance of FDA's regulations
governing postmarket surveiliance
X
Amendment 2594 (Ford): Requires a determination of
underage USC of black market tobacco products
X
Amendment 2595 (Ford): Requires & report on the extend
B which underage youth are using black market tobacco
produces
X
Amendment 2596 (Ford): Requires a state to collect date
from participants in consution programs their use of black
market tobacco products
X
Amendment 2597 (Ford): Changes the effective date for
labelling of flip top cigarette boxes from January 1. 2000
to January 1, 2002
Amendment 2598 (Ford): Requires & 180-day period for
public comments on any change in the warning labels for
cigarettes
Amendment 2599 (Ford): Requires a 130-day period for
public comments on Qty change LA the warning lables for
smokeless mbsccu products
X
Amendment 2600 (Ford): Requires a 180-day period for
public comments 8 any change in content disclosure
requirements
Amendment 2601 (Ford): Changes the maximum period
of 24 months for FDA's promulgation of regulations for
testing and contant reporting a a minimmm of 36 months
X
Amendment 2602 (Ford): Requires a 180-day period for
public comments 8 any promulgation of a regulation for
teating and content reporting
Amendment 2603 (Ford): Allows for BD adjustment of
prior year's payment is the monterner's payment WES
based on BY incorrect annual apportionment
Amendment 2604 (Ford): Changes the duc of the section
dealing with the right of an Individual 9 bring suit against
someone violating smoke-free policies from "Citizen
Actions" to "Enforcement and Penalties"
X
Amendment 2605 (Ford): Removes individuals from the
List of those with standing to sue for violations of
smoke-free policies
Amendment 2606 (Ford): Changes the definition of
"public facility" for purposes of smoke-free policy from a
building regularly entered by 10 or more individuals M
least 1 day a walk ID 50 or more invididuals a least 4 days
X
a week
06/13/98 TUE 14:47 FAX 202 720 8254
USDA-FFAS
08/16/98 TUE 11:23 FAX 202 456 5581
DOMESTIC POLICY COL
004
amend616.wpd
Page
Amendment 2486 (Domenici): Deletas the State
Affocation Accounts and adds section 451 - Allocation
Accounts and Section 451(a) Reduction of 15 and 28
Percent Rates
X
Amendment 2487 (Domenici): Increases and simplifies
the Dependent Care Tax Credit
Amendment 2488 (Domenici): Adds "Termination of
Accounts" in which aclected accounts that are established
shall terminate m10 years
Amendment 2489 (Domenici): Adds "Windfall Profir
Exclue Tax on Certain Exerssive Attorneys' Fat"
Amendment 2571 (Durbia): Requires Congress to
comply with the ETS regulations by January 1. 1999.
Amendment 2636 (Durbin): Reduces anainment goals
for underage tobacco use and reduces by half surcharges
on tobacco products for non-strainment of goals
Ameedment 2470 (Euzi): Allocates amounts contained in
?
the National Tobacco Settlement Trust Fund
0
Amendment 2471 (Enzi): (2nd degree to #2470 (Ena))
Limits expenditures on obligations involving National
Tobacco Settlement Trust Fund
Amendment 2701 (Faircloth): Establishes crieria and
jurisdiction for attorneys' fees. and establishes A limit of
$1,000 AM hour plus 200% of expenses.
Amendment 2443 (Frinatela): Provides payment ID local
governments thes had initiaded litigarion against tobacco
companies on or before June 20. 1997
X
Amendmant 2460 (Friestris): Creates a formula for the
allocation of State Litigation Soctions Account
X
endment 2576 (Ford): Defines Black Market Tobacco
Product
X
Assendment 2577 (Ford): Requires that the Secretary
notify Congress if pipe and cigar smoking is Increasing
"materially"
Amendment 2578 (Ford): Increases the minimum period
for public comment on document disclosure actions from
60 days 5 90 davs
X
Amendment 2579 (Ford): Increases the maximum period
for public comment on document disclosure actions from
90 davs to 120 days
Amendment 2530 (Ford): Protubies FDA from issuing
regulations affecting the of tobacco
products if the regulation adversaly affects agricultural
employment or manafacturing employment LB the U.S.
X
Amendment 2581 (Ford): Requires 120 days acrice to
manufacturer of hearings and alkres for the manufacturer
to participate in - oral hearing regarding the violation of
X
these regularions
Amendment 2582 (Fard): Requires FDA Advisory
Committee review of any petition for an exemption D
manufacturing practices regulation
X
mendment 2583 (Ford): Requires that FDA consult
with USTR and USDA prior B Issuing any performance
stundards regulations and that FDA, USTR and USDA
certify that the regulations do not violare any treaty or
adversely affect domestic or international competitiveness
X
of tobacco prowers to the U.S.
Amendment 2584 (Ford): Increases the period for public
comment on performance sundards regulations from 60
days to 180 days
Amendment 2585 (Ford): Increases the Congressional
review period for regulations affecting classes of products
from 2 years B s years