S.Amdt. 179

SA 179. Mr. LEAHY submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 2, making further continuing appropriations for the fiscal year 2003, and for other purposes; which was ordered to lie on the table; as follows;

On page 29 line 11 strike the period and insert the following: : Provided,

(a) Whereas, the Commodity Credit corporation (CCC) is a Government owned and operated entity that was created to stabilize, support, and protect farm income and prices;

(b) Whereas, CCC was incorporated on October 17, 1933, under a Delaware charter. On July 1, 1939, CCC was transferred to the United States Department of Agriculture (USDA). It was reincorporated on July 1, 1948, as a Federal corporation within USDA by the Commodity Credit Corporation Charter Act (62 Stat. 1070; 15 U.S.C. 174);

(c) Whereas, the mission of the CCC has expanded over time:

(1) Pursuant to section 2701 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), the officer and directors of CCC have a responsibility to use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the conservation reserve program (CRP); the wetlands reserve program (WRP); the conservation security program (CSP); the grassland reserve program (GRP); the environmental quality incentives program (EQIP); and the wildlife habitat incentives program (WHIP), including the provision of technical assistance; and

(2) Pursuant to section 1601 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171) the officers and directors of CCC have a responsibility to use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out Title I of the Act;

(d) Whereas, CCC is managed by a Board of Directors, subject to the general supervision and direction of the Secretary of Agriculture, who is an ex-officio director and chairperson of the Board. The Board consists of seven members, in addition to the Secretary, who are appointed by the President of the United States by and with the advice and consent of the Senate. All members of the Board and Corporation officers are USDA officials;

(e) Whereas, CCC has in the past requested other agencies to assist it in the conduct of its business and reimbursed them for their administrative expenses under the authority granted to it by section 11 of the CCC Charter Act. For example:

(1) CCC's price support, storage, and reserve programs, and its domestic acquisition and disposal activities have been carried out primarily through the personnel and facilities of the Farm Service Agency (FSA).

(2) The Agricultural Marketing Service (AMS) occasionally uses CCC authority to acquire various commodities for domestic and foreign food assistance programs.

(3) Export sales and foreign assistance disposal of CCC-controlled stocks have been administered through the General Sales Manager of the Foreign Agricultural Service (FAS).

(4) The Natural Resources Conservation Service has administered several conservation programs under the auspices of CCC;

(f) Whereas, in 1996 section 11 of the CCC Charter Act was amended to limit reimbursements by CCC to other agencies in the performance of any part or all of the functions of the CCC;

(g) Whereas, section 10 of the CCC Charter Act mandates that the Secretary appoint such officers and employees of the CCC as may be necessary for the conduct of business of the Corporation. Expenditures of the Corporation under this section are not subject to the section 11 cap on reimbursements to other agencies;

(h) The Secretary is directed to exercise her authority under section 10 of the CCC Charter Act and appoint such officers and employees of the CCC as may be necessary for the conduct of business of the Corporation if the Secretary determines that the total amount of funds available under section 11 of the CCC Charter Act are not sufficient to allow other agencies to carry out the functions of the CCC.