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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997


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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997
(House of Representatives - June 12, 1996)

Text of this article available as: TXT PDF [Pages H6194-H6236] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997 The Committee resumed its sitting. Mr. SKEEN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon [Mr. Cooley]. Mr. COOLEY. Mr. Chairman, the Animal Damage Control Program represents one of the most efficient and cost-effective programs within the U.S. Department of Agriculture. It benefits the general public as well as the agricultural industry. Without animal damage control, studies have indicated that agriculture's annual losses would total in excess of $1 billion. In 1994 in Oregon alone, the National Agricultural Statistics Service estimated that 4,275 sheep and 15,200 lambs were lost to predators. What kind of signal are we sending to these ranchers? When urban residents are robbed of their private property, they rely on publicly financed services to regain their property. It this a subsidy to private property owners? Is the taking of private property in the East worthy of publicly financed services, while in the West it is not? Mr. Chairman, ranchers are hard-working, tax-paying citizens who contribute mightily to their communities. And the Animal Damage Control Program is a tool they rely on to maintain a successful operation. It should be protected. Oppose the DeFazio amendment. Mr. Chairman, I oppose the DeFazio amendment, and I want to state that predator control is not only a western issue; it is an issue throughout the entire country. I think that we need to retain this program because we retained other predator control programs that pertain to our police protection. This is just another form of that, and we need it. Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Brown]. (Mr. BROWN of California asked and was given permission to revise and extend his remarks.) Mr. BROWN of California. Mr. Chairman, I rise in strong support of the DeFazio amendment that would cut $13.4 million from the fiscal year 1997 budget for animal damage control. Mr. Chairman, I ask the indulgence of my good friend, the chairman of the committee, to understand my position because I hope I understand his. I have a small spread in California. I engage in predator control. I believe in predator control. I will not describe the type of predator control that I use, but I think it is reasonably effective. What I am suggesting here in this effort to cut the budget for animal damage control is that we can do this job more effectively and in a more principled fashion than we do. I believe in strong cooperation on the part of the Government, the Department of Agriculture in this case, to help the farmers, ranchers, and other people of this country. I have demonstrated that time after time. On the other hand, I do not believe in an unnecessary and less than beneficial subsidy that is being used to support this program. As I think we all know, the Department of Agriculture is authorized to levy fees to support this program, but have never used that authority. We move in that direction in almost every other area in which we are providing services to a segment of the business community, and it is my view that we should be moving in this direction as far as the Animal Damage Control Program is concerned. In previous legislation the Congress has indicated that there are preferred ways to carry out this operation and they do not require the extensive use of the kinds of traps, snares, poisons, aerial hunting, and other things that are going on today under the name of controlling animal damage. There are more effective ways, and the Congress has directed that these be used. We have GAO reports that the ADC has been using these methods that I [[Page H6195]] have described in essentially all instances, despite the Department's written policies and procedures which call for preference to be given to nonlethal methods. Now I confess that I am an unabashed animal lover and like to protect their lives where possible, and I think in this case we can achieve the control of predator damage by the use of nonlethal technologies, and that we can do it cheaper and we can distribute the costs of doing this in a more equitable fashion by levying fees which would be levied on the people who get the benefit from the program. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming [Mrs. Cubin]. Mrs. CUBIN. Mr. Chairman, I rise in opposition to the pending amendment which would reduce funding to the Animal Damage Control Program. Mr. Chairman, I think that this amendment is at the very best uninformed, and possibly at the worst, mean-spirited. When we talk about predators, we are not talking only about coyotes, we are talking about the wolf which has been introduced into Wyoming, into my State, which is an endangered species. The grizzly bear is an endangered species. Eagles and hawks, many of them are endangered species. We do not have any right or any will to kill these predators, and we cannot legally do that to protect our livestock. I believe in predator control, but when an endangered animal, an endangered species kills some livestock, the only way that the owner of that livestock can get compensated is through the Animal Damage Control Program. {time} 1130 I would suggest that, if the gentleman who offered the amendment had a dog that was worth $10,000 and this dog was in his very own yard, and there are bulls that are worth that much, much more than $10,000, but this dog was in its very own yard and my dog went over and killed his dog, then he would say that I ought to be responsible to pay him back for the value of his dog. This is all this predator control program does. If a species or if a predator, including an endangered species, kills a cow, a bull, a sheep, whatever, all we are asking is that a portion, a very small portion of the value of that livestock be given back to the owner of the livestock. That is what we are asking. This is not a subsidy. It is merely paying someone for a small portion of what is rightfully theirs. The animal loss in the livestock industry is enormous, as the gentleman from Oregon [Mr. Cooley] stated earlier. Aside from the livestock issues, there have also been wildlife losses, not just in Wyoming but in Oregon and across the western United States, due to predation. It is the livestock producers who, by controlling predators, who keep the burgeoning numbers of coyotes, foxes, mountain lions, and brown bears down, who have provided the most protection for wildlife, which are preyed upon by these same destructive animals. The Animal Defense Control Program is the last line of defense for the wildlife that we enjoy and that everyone wants to preserve in our State. If Members have any real interest in protecting wildlife, they will vote against this amendment, because the ranchers and the livestock growers are the ones who are helping control the predators, and they need the animal control money to enable them to do that. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The issue here is a subsidy, subsidy. That side of the aisle is consistently against government programs and subsidies except when it goes to their own parochial interests. This bill does nothing, nothing to prevent predator control by individuals, by counties, by States. As I said previously, when I was a county commissioner, we canceled the predator control program, walked away from the Federal match. They engaged in private predator control, and the losses did not go up. But that is the issue here. Will we continue a $13.4 million subsidy to a selected few of the livestock producers in the Western United States? As I stated earlier, yes, the losses are largely due to predation. Almost 3 percent of the losses last year were due to predation. The other 97 percent were due to a number of causes, some of which are not preventable, like weather, but others which could be preventable with research, like respiratory problems, 27 percent; digestive problems, 25 percent. Fifty-two percent of the losses in this industry were due to respiratory and digestive problems. Maybe we should invest this money in our veterinary schools. Maybe we should invest it in a vaccination program for livestock. I do not know. But there would be a heck of a lot better return than the 3 percent that was due to predation. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 4 minutes to the gentleman from Texas [Mr. Bonilla]. Mr. BONILLA. Mr. Chairman, I thank my friend from New Mexico for yielding time to me. Mr. Chairman, I rise in strong opposition to the DeFazio amendment. It is bad news, it is bad news for agriculture. It is bad news for consumers. It is bad news for the environment. And it is bad news for America's children. Here is the bad news the DeFazio amendment has for agriculture. In 1994, 520,000 sheep and lamb were killed by predators, direct losses to agriculture from wildlife damage totaled $461 million. The DeFazio amendment says too bad, so sad, let us increase these losses. The DeFazio amendment would cut animal damage control that is essential for the continued viability for many American ranches already battered by the drought. Let us not forget about the drought. The DeFazio amendment would punish these ranchers with increased losses. My friends, that is wrong, it is just plain wrong. Here is the bad news the DeFazio amendment has for consumers. Higher grocery bills are on the way for millions of American families struggling to make ends meet. These higher costs are courtesy of the DeFazio amendment which will increase predator damage and reduce supply. At the same time, ADC plays a vital role in the safety of millions of air travelers. By 1991, 635 airports participated in the ADC program. The importance was illuminated when a bird strike at Kennedy Airport in New York caused severe damage to a plane and, more importantly, threatened the lives of 300 passengers. The DeFazio amendment says so sad, too bad, we should accept this level of risk. That is wrong. It is plain wrong. We should reject this amendment for that reason as well. Here is bad news the DeFazio amendment has for the environment. ADC activities protect threatened and endangered species from predators. The black footed ferret, the San Joaquin kit fox, the desert tortoise, the Aleutian Canadian goose might well be extinct were it not for ADC protection from predators. The DeFazio amendment says too bad, so sad, we may as well terminate these species. That is wrong, plain wrong, another reason to reject this amendment. Finally, and most troubling, the DeFazio amendment delivers bad news to America's children. Rabies is rearing its horrifying face across America. Between 1988 and 1992, rabies cases have doubled. New York reported 1,761 new cases, while 640 of my fellow Texans were treated for rabies. Predators also directly threaten our youth. In Los Angeles, a 3-year-old girl was killed in her front yard by a coyote. ADC fights these threats. The DeFazio amendment tells us not to worry about the predator threat. It is not important, too bad, so sad. This is wrong. We should reject the DeFazio amendment. If we care about either agriculture, consumers, the environment or children, we should stand strong and reject the DeFazio amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The gentleman should read the amendment before he rises with such extraordinary charges that the amendment will be responsible for the collapse of American democracy and the final victory of the totalitarian Soviet state, which I think was part of the statement there. It has exceptions for human health and safety. It has exceptions for endangered or threatened species. The endangered, threatened species are often dealt with in a better manner by fish [[Page H6196]] and wildlife, who has a line item in their budget. All this does is eliminate a subsidy for a ridiculous anachronistic program first implemented in 1931 that has no discernible impact. It has had an impact, and it is inadvertent, against nontarget species, poisoning of nontarget species, the destruction of predators which, like coyotes, in many cases prey on rodents or on groundhogs and gophers and things which cause problems with pastures and with horses breaking their legs. So the gentleman, by killing coyotes, is responsible for people whose horses have put their legs in gopher holes, broken them, fallen and then been killed. I will not make that charge, but his charges were equally irresponsible. This is an absurd subsidy to a selected few, a very small percentage of privileged western livestock producers. It is something that if they need, they can contract for themselves without a subsidy from the U.S. taxpayers to continue this ineffective and indiscriminate program. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Stenholm]. Mr. STENHOLM. Mr. Chairman, I rise in opposition to this amendment. I have listened attentively to much of the debate. I think that the proponent of this amendment is completely overlooking the reason why some of us believe that it is a good program. If you have ever talked to a rancher that has lost 200, 300, 400, or 500 kid goats, baby goats just born, if you have talked to ranchers that have lost 200 or 300 or 400 baby lambs that have just been born, then the 3-percent figure in the Nation makes no sense whatsoever to that individual. This program is designed to take care of a problem. When there is no problem, when you do not have an undue number of coyotes or other predator animals in an area, you do not have a program. But when you do have one, and it becomes a problem, then you have a need for a program, and it does not just benefit the rancher. Living in my part of the country today, as my friend and neighbor from San Antonio just pointed out, rabies, we have a serious problem that we are trying to contain and control. It is spread by coyotes and bobcats. And it is a problem that is now coming within the city limits of some of our towns in the southern part of Texas. This program, as it is designed, is designed to be a responsible way to deal with problems like this. So I would hope that my colleagues, both sides of the aisle, would not support this amendment. It does nothing other than create some tremendous economic problems for certain ranchers, and it is not just in the far west, it is in Texas, it is in Oklahoma, it is in New Mexico, in all areas in which you have for whatever reason a problem with predatory animals. I would hope that Members would not support this amendment. I think the committee has done a very responsible job. They have had a difficult time with the amount of moneys available. They have put the moneys where they believe is in the best and highest priority. I believe that it is something that almost every one of us can find a way to justify and support. The CHAIRMAN pro tempore (Mr. Linder). The gentleman from New Mexico [Mr. Skeen] has 3\1/2\ minutes remaining and has the right to close, and the gentleman from Oregon [Mr. DeFazio] has 2 minutes remaining. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have had a lot of red herrings drug across the floor here. Rabies is not affected by this amendment. Human health and safety activities are totally exempt. Whether it is rabid animals or problem animals, those things can still be taken care of by ADC. We have heard about environmental concerns from the other side. I am pleased to finally hear environmental concerns from the other side from the gentleman from Texas, maybe not a first but definitely somewhat unprecedented. We accommodate endangered and threatened species in this amendment. It does not affect control efforts that deal with the preservation or safety of endangered or threatened species. Quite simply, the amendment goes to the heart of this issue, which is, should the U.S. taxpayers subsidize a program of poisoning, baiting, killing, shooting from airplanes and others of predator species that may or may not be a particular problem, should they continue to avoid their mandate that they use other controls, should we spend $14 million doing this? Maybe we should go out and have a Federal program to acquire dogs. We could buy Great Pyrenees, kuvasz, Komondors, Bouvier des Flandres. You can get a heck of a lot of them for $14 million, and if they live 10 years, we would not have to spend any more money. The issue is, many ranchers have become dependent upon practices that are not the most prudent practices, to have calving or birthing of lambs in areas that are problem areas without any herders present, without themselves being present. As we saw earlier, actually more of the livestock die with calving problems, 17 percent, than with the predation problems, 3 percent. But in any case, they are saying we need this program. If they need the program, they should pay for it themselves. They should go to their county or State, have the county or State pay for it. It is time to put this Federal anachronism to bed. At a time when we are cutting back on every other program here in order to get to a balanced budget, we should no longer subsidize the indiscriminate killing by the animal disease control people and we should continue in the areas of health, safety, airports, and endangered species. Mr. SKEEN. Mr. Chairman, I yield myself the balance of my time. Let me say to the gentleman, who is existing in oblivious and euphoric unawareness, that is the closest I can come to being real kind about this issue, I understand his problem. He feels so good that he is cutting money. Let me say to the gentleman, by cutting funding for the program there will not be any personnel available to take care of the health and safety issues that he is espousing because that is built into the program. {time} 1145 I ask the Members to vote ``no'' on this issue. Let us go back a little bit in history. We had the perfect answer to the kind of predatory control in the United States at one time with the formula known as 1080. It did not cost near as much as it does for the program that we have today because it took care of the problem. It was benign and it was species-specific. But, no, the animal rights people decided that this was a lethal method that was objectionable to them, and we did away with it, we banned, the use of 1080 in Western ranges. So they came up with this program, and it is a participation program in which ranchers, farmers, and others put up money, that is to some degree, matching the Federal funding that is involved. Yes, we want to cut the budget, and how, but we need to take care of a problem that is so onerous and so critical to those people who are livestock raisers and grazers. The are not being subsidized. They are paying their part because they have to spend enormous amounts of time checking traps and doing whatever they do to keep their predator control situation under absolute control. So I say to the gentleman, ``Get out of the county courthouse that you were sitting in so comfortable; get out there and live with a family for a little while that has a predator problem so that you actually understand what predator control means.'' This program also assists those who have trouble going in and out of airports with huge flocks of birds that fly through jet engines and things of that kind. We are using a mental approach and a research approach to solving that problem; lethal means, are used as a last resort. I agree with the gentleman that there ought to be a better system. We had a better system at one time, but it was not looked upon with great favor. In our great wisdom we banned it by executive decree, and I think that was a horrible mistake. So I say to the gentleman and to those who are interested in this particular thing that I sure would appreciate a ``no'' vote because I think it has a devastating effect, and the gentleman, giving him all due credit, does not know what he is talking about. [[Page H6197]] Mr. Chairman, I yield back the balance of my time. Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment. Currently, the Federal Government spends $27 million on the Animal Damage Control Program. Various activities covered under this program include prevention of the spread of rabies and control of bird flocks near airports. I strongly support these programs because they protect human health and safety. However, there are other activities within the ADC program which serve as an unnecessary subsidy to livestock producers. By the Federal Government paying for predator control, livestock owners are not encouraged to deter predators and improve the protection of their herds. By leaving newborn calves and lambs in fields far from the protection of the barn, livstock producers are enticing animals such as wolves, mountain lions, and foxes to prey on this young stock. In addition, the Department of Agriculture is already authorized to levy fees for predator control services but will not do so while the Federal government continues to pay the bills. By cutting this program in half, we will focus the remaining money on the more beneficial programs that protect human health and safety. In these times of budgetary constraints, supporting this amendment will save taxpayer money and provide an incentive for livestock producers to take responsibility for protecting their herds. Mr. FAZIO of California. Mr. Chairman, I rise in opposition to the DeFazio amendment, which would reduce funds for the Animal Damage Control Program of the Animal and Plant Health Inspection Service. This is not a well-known program, but it is an important program for California and the United States. ADC's activities range from preventing bird strikes to aircraft at JFK International Airport in New York, to seeking solutions to the severe problem of canine rabies in Texas, to protecting threatened and endangered species in California. In California, ADC has worked with the U.S. Fish and Wildlife Service to protect the western snowy plover, the California clapper rail, the desert tortoise, and the California least tern. In addition, ADC works with ranchers and grazers to prevent losses due to predation. Losses of sheep and goats due to predation averages approximately $24 million a year. Cattle losses due to predation average approximately $40 million annually. In the absence of an operational ADC program, these losses will increase dramatically. The effect of the DeFazio amendment would be significant and devastating. Seven ADC States offices would be closed, including the gentleman's home State and six other Western States. Twenty ADC district offices will close from Wisconsin to my home State of California. Approximately 200 field positions would be subject to reduction-in-force. Matching cooperative would decrease by 50 percent-- amounting to a $10 million loss in cooperative funding. In short, this is an effective program throughout the United States, and this amendment would severely reduce its effectiveness. I urge my colleagues to oppose the DeFazio amendment. The CHAIRMAN pro tempore (Mr. Linder). The question is on the amendment offered by the gentleman from Oregon [Mr. DeFazio]. The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. recorded vote Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 139, noes 279, not voting 16, as follows: [Roll No. 230] AYES--139 Abercrombie Ackerman Andrews Barrett (WI) Becerra Beilenson Berman Bilbray Bilirakis Blumenauer Blute Bonior Borski Brown (CA) Brown (OH) Bryant (TX) Cardin Castle Chabot Chrysler Coburn Cox Coyne Cummings DeFazio DeLauro Dellums Deutsch Dingell Dixon Doggett Doyle Duncan Ehlers Engel English Eshoo Farr Fawell Filner Flanagan Foglietta Fox Frank (MA) Furse Gejdenson Gephardt Gilchrest Goss Gutierrez Gutknecht Hall (OH) Harman Hinchey Hoekstra Jackson (IL) Johnston Kelly Kennedy (MA) Kennedy (RI) Kennelly Kleczka Klink Klug LaFalce Lantos Levin Lewis (GA) Lipinski Lowey Luther Maloney Manzullo Markey Matsui McCarthy McDermott McHale McKinney McNulty Meehan Meek Menendez Meyers Millender-McDonald Miller (CA) Miller (FL) Mink Moakley Morella Nadler Neal Neumann Obey Olver Owens Payne (NJ) Pelosi Petri Porter Rahall Ramstad Rangel Reed Rivers Roemer Rohrabacher Roth Roukema Roybal-Allard Royce Sabo Sanders Sanford Scarborough Schroeder Schumer Sensenbrenner Serrano Shays Slaughter Smith (NJ) Stark Stearns Stockman Studds Stupak Taylor (MS) Torres Towns Upton Velazquez Vento Wamp Waters Waxman Woolsey Yates Zimmer NOES--279 Allard Archer Armey Bachus Baesler Baker (CA) Baker (LA) Baldacci Ballenger Barcia Barr Barrett (NE) Bartlett Barton Bateman Bentsen Bereuter Bevill Bishop Bliley Boehlert Boehner Bonilla Bono Boucher Brewster Browder Brown (FL) Brownback Bryant (TN) Bunn Bunning Burr Burton Buyer Callahan Camp Campbell Canady Chambliss Chenoweth Christensen Clay Clayton Clement Clinger Coble Coleman Collins (GA) Collins (IL) Collins (MI) Combest Condit Cooley Costello Cramer Crane Crapo Cremeans Cubin Cunningham Danner Davis de la Garza Deal DeLay Diaz-Balart Dickey Dicks Dooley Doolittle Dornan Dreier Dunn Durbin Edwards Ehrlich Ensign Evans Everett Ewing Fattah Fazio Fields (LA) Fields (TX) Flake Foley Forbes Ford Fowler Franks (CT) Franks (NJ) Frisa Frost Funderburk Gallegly Ganske Gekas Geren Gibbons Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Hall (TX) Hamilton Hancock Hansen Hastert Hastings (FL) Hastings (WA) Hayes Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hobson Hoke Holden Horn Hostettler Houghton Hoyer Hunter Hutchinson Hyde Istook Jackson-Lee (TX) Jacobs Jefferson Johnson (CT) Johnson (SD) Johnson, E. B. Johnson, Sam Jones Kanjorski Kaptur Kasich Kildee Kim King Kingston Knollenberg Kolbe LaHood Largent Latham LaTourette Laughlin Lazio Leach Lewis (KY) Lightfoot Linder Livingston LoBiondo Lofgren Longley Lucas Manton Martinez Mascara McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Minge Molinari Mollohan Montgomery Moorhead Murtha Myers Myrick Nethercutt Ney Norwood Nussle Oberstar Ortiz Orton Oxley Packard Pallone Parker Pastor Paxon Payne (VA) Peterson (FL) Peterson (MN) Pickett Pombo Pomeroy Portman Poshard Quillen Quinn Radanovich Regula Richardson Riggs Roberts Rogers Ros-Lehtinen Rose Rush Salmon Sawyer Saxton Schaefer Scott Seastrand Shadegg Shaw Shuster Sisisky Skaggs Skeen Skelton Smith (MI) Smith (TX) Smith (WA) Solomon Souder Spence Spratt Stenholm Stokes Stump Talent Tanner Tate Tauzin Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torricelli Traficant Visclosky Volkmer Vucanovich Walker Walsh Ward Watt (NC) Watts (OK) Weldon (FL) Weldon (PA) Weller White Whitfield Wicker Williams Wilson Wise Wolf Wynn Young (AK) Young (FL) Zeliff NOT VOTING--16 Bass Calvert Chapman Clyburn Conyers Emerson Frelinghuysen Gillmor Inglis Lewis (CA) Lincoln Martini McDade Moran Pryce Schiff {time} 1207 Messrs. KILDEE, FATTAH, and ROSE changed their vote from ``aye'' to ``no.'' Mrs. KENNELLY, Mrs. MEEK of Florida, and Messrs. COX of California, BILBRAY, SCHUMER, LEWIS of Georgia, and NEUMANN changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. personal explanation Mr. MORAN. Mr. Chairman, during rollcall vote No. 230 on H.R. 3603 I was unavoidably detained. Had I been present, I would have voted ``aye.'' personal explanation Mr. MARTINI. Mr. Chairman, this morning during rollcall votes 229 and 230 I was unavoidably detained. Had I been present, I [[Page H6198]] would have voted ``aye'' on rollcall vote No. 229, and ``nay'' on rollcall vote No. 230. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer amendment No. 1. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes, and that the time be equally divided. The CHAIRMAN pro temprore. Is there objection to the request of the gentleman from New Mexico? Mr. KENNEDY of Massachusetts. Mr. Chairman, reserving the right to object, I would ask the gentleman, did he request 10 minutes? Mr. SKEEN. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from New Mexico. Mr. SKEEN. Yes, 10 minutes. Mr. KENNEDY of Massachusetts. Five and five? Mr. SKEEN. Five and five, yes. Mr. KENNEDY of Massachusetts. Mr. Chairman, that is fine with me, and I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each be recognized for 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think many people that saw the news yesterday that Seagrams Liquor Co. is now going to begin advertising directly hard liquor on television, were shocked at that development. In a country that currently is involved in a situation in the United States of America where the No. 1 killer of people under the age of 24 in this country is alcohol and alcohol-related deaths, when we spend $15 billion a year of taxpayer funds to fight the war on drugs, and yet we have the singly most abused drug in this country, alcohol, now killing many, many more Americans than all other drugs combined, we have a tragedy on our hands. We have spent time and time again debating on this floor the need to cut back programs that provide for the education of our children, that provide for the research and development of our country, that provide for the health care of our senior citizens. But in this bill is a hidden subsidy worth millions and millions of dollars to advertise some of the most profitable alcoholic beverages abroad. It is a shame and it is a scam. It ought to come to a stop. In this Market Access Program, we will be spending millions of dollars to advertise Ernest and Julio Gallo, the richest winemakers in the world, who receive $25 million worth of United States taxpayer money to advertise its wine and brandy in Thailand, the Philippines, Canada, and England. Jim Beam got over $2.5 million to push its whiskey abroad. Other whiskey giants like Hiram Walker and Brown-Forman profited from the Market Access Program. The MAP program adds insult to injury by asking the taxpayers to foot the bill of the world's largest foreign alcohol giants. We actually spend money subsidizing Seagrams, the very company that has gone on television yesterday to advertise its hard liquor, we are now subsidizing that Canadian company with United States taxpayer dollars to advertise their products abroad. This is a scandal that ought to come to an end. Mr. Chairman, I would just suggest to the Congress of the United States that it is about time that if we are going to stand up to the senior citizens and tell them we spend too much money on their health care, if we are going to stand up to kids and tell them we spend too much money on their education, if we are going to stand up to the poor and vulnerable and tell them we spend too much money on poverty programs, then we can stand up to the biggest alcohol producers, the biggest winemakers in the world and tell them we are sick and tired of using taxpayers' money to subsidize their profits. {time} 1215 If they want to advertise their alcohol products abroad, let them do it with their own money. Let them stay out of the taxpayer's back pocket. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. I thank the gentleman for yielding time. Mr. Chairman, let me see if I can shed some light on this subject. We are talking about helping export American agricultural products under this program. I am specifically talking about small wine grape growers, most of whom market their products through several large wineries. This is an amendment to help small agriculture. Remember, the European Union spends more on the export promotion of wine than the United States spends promoting all of our agricultural products. They do a great deal to help their growers promote their foreign sales. The European Community wine industries are heavily subsidized to the tune of $1.5 billion, which includes $90 million alone for export promotion. That is the total amount provided for all of agriculture in this bill, if it is not reduced or eliminated. Other countries do even more than the European Union. The Italian Government through its trade commission is funding an additional $25 million for Italian wines alone. So when it comes to the wine industry, the MAP program that we are now debating is a program that helps small business, not visit the giant wineries, not only the names that we have heard bandied about here on the floor. In fact in 1994, for example, 101 wineries participated and 89 of them were small wineries. So there is no question that this is not a subsidy simply to big agriculture or big vintners. We are not talking about people who are purveying distilled spirits. This is wine, a product that we lead not only this hemisphere but this world in the production of a quality product. MAP promotes independent businesses. It is important that 90 percent of the small wine grape growers in this country be given an opportunity to be part of an export promotion program. This amendment would put an end to it. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. FAZIO of California. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. Chairman, I would just like to suggest to the gentleman that if he reads the fine print of this legislation, what he will find is there is a big gap. The gap says that they can put money through the association. It is through those associations that then launder the taxpayers' dollars that then go into the pockets of the biggest wineries in the United States. Ernest and Julio, et cetera. Mr. FAZIO of California. If I could reclaim my time, the people who are involved in this program are putting up half the money. This is not all Government money. Half the money comes from the private sector, both from the wine grape growers through their association and those who make wine and help market the product. This is a program that works for all elements of one of our most successful agricultural industries. If we want to be successful in getting down our trade imbalance, if we want to help small growers, we ought to continue to support this very modest program, which is all we can afford at the present time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. Nethercutt]. Mr. NETHERCUTT. I thank the chairman of the subcommittee for yielding time. [[Page H6199]] Mr. Chairman, I think we have to keep in mind in this debate with respect to the Kennedy amendment that this program helps small farmers. This helps small farmers out in Washington State who, I might say to my friend from California, make the best wine in the world. But also I want the gentleman from Massachusetts to understand that the USDA directs the Market Access Program to small businesses, small farms, small wineries. I do not think we want to cede our industry to the European winemakers. That is what we are really doing here. We are developing a program that allows our Government to contribute some money to competition, unfair competition in my judgment, from foreign governments who assist their winemakers for shelf space. That is really what we are doing. What we are doing is developing a program that allows our products in this country to have some shelf space in foreign markets. That means jobs to Americans. That means jobs to people in my district, small wineries. I urge the rejection of this amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think it is interesting to note that people are talking about how this program assists small vintners. I would anticipate after a vote on this amendment, Mr. Chairman, offering a follow-up amendment that would simply limit the subsidy program to go only to small vintners. As long as the gentlemen that talked so heartily about the need to assist those small vintners would put their vote where their mouth is, I think we might be able to work out a compromise on the underlying issue about whether or not the program should go directly to those small businesses. My true feeling, and I know that the gentleman from Utah [Mr. Hansen] has offered this amendment with me in the past, I wish he was here--I do not think he expected the amendment to come up quite so quickly--is that we do not believe that the U.S. Government ought to be involved in subsidizing alcohol products abroad. That is the fundamental question that is involved with this debate. It is fundamentally, I think, wrong for us to tell people that we do not have money in the coffers of the Federal Government to provide for the health care and the education of our people, but we do have money in the coffers to be able to subsidize alcohol advertising for some of the richest companies in America abroad. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from California [Mr. Farr]. Mr. FARR of California Mr. Chairman, I say to the last speaker, Wake up. We turn on the television set, we see Colombia's Juan Valdez selling us coffee. We see Mexico selling us Corona beer. This is a global market. If we want people to buy American, then we have to tell them what is American. This is a program that requires that the Government match by private funds to advertise and to promote these products abroad. If we are indeed going to sell our products grown in America abroad, we are going to have to maintain this program. I urge a ``no'' vote on the amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time remains on each side? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts and the gentleman from New Mexico each have 30 seconds remaining, and the gentleman from New Mexico [Mr. Skeen] has the right to close. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, I cannot believe that we are hearing Members of Congress that normally speak out so strongly against corporate subsidies and say that is how we ought to balance the budget, all of a sudden switching when it comes to a corporate subsidy that happens to go to the wine industry. Let us listen to Edward Nervo of the Famiglia Nervo Vines and Wines in Sonoma County, CA, who has written to me and said, ``With corporate welfare programs like these, no wonder the biggies get bigger and the small fry end up in the frying pan.'' Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the gentleman from California [Mr. Riggs]. Mr. RIGGS. I thank my distinguished chairman for yielding time. Mr. Chairman, let me just say, first of all, the 5 largest recipients of market access promotion funds purchase over 90 percent of their grapes from small independent grape growers. This is a program that is working. It is a public-private partnership that has been improved by the Congress over the last few years. I just want to remind my colleagues that this same amendment went down to defeat in this House last year on a vote of 268 to 130. The American wine industry and the farmers who depend on that industry need our help to again defeat the Kennedy amendment. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The amendment was rejected. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages unless it is made known to the Federal official having authority to obligate or expend such funds the the promotion activities benefit a small-business concern. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes and that the time be equally divided. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each control 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to commend the chairman of the committee along with my good friend from Illinois, Mr. Durbin, for some language that they inserted in the ag bill last year as a result of the same debate that just took place on the House floor. I shall read what those changes are: The funds shall not be used to provide direct assistance to any nonprofit corporation that is not recognized as a small business concern described in section A of the Small Business Act. Secondly, a cooperative; or, third, an association described in the first section of the Act. Essentially what that is attempting to do is to reform this act so that the big subsidies do not go to the big companies, Seagrams, Ernest and Julio Gallo and the other major vintners and major producers of alcohol that have, I think, very unfairly skimmed money from the American taxpayer while they are making millions and millions of dollars in their exports. The language of this amendment very simply suggests that while what is really occurring is through this trade association loophole, the money is now being funneled through to trade associations and then the trade associations redistribute it to the very big companies. I had a long talk last evening with the Department of Agriculture about this loophole that is contained in the law. All that this amendment would do would be to extend the small business criteria to any funds that get funneled through the trade association to make sure that the concerns of my good friend from California, who is so very worried about those small vintners, will actually make sure the money goes to those small vintners. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Dooley]. [[Page H6200]] Mr. DOOLEY. Mr. Chairman, I rise in strong opposition to this amendment. What the market Assistance Program is all about is trying to ensure that U.S. farmers get their fair share of expanding export markets. What the gentleman from Massachusetts [Mr. Kennedy] is trying to do now is define a different criteria and that we try to say that only small businesses are going to be involved in achieving those expanded markets. As a farmer and as any grape farmer or wine grape grower out there will say, what is important is to increase the sales of wine. What is important is to assure that U.S. wineries have a fair playing field when they take on the European Union and the 6-to-1 advantage that they have in export promotion over U.S. wineries. What we would be doing in this case if we limit the money on where it goes, we would be saying to that small grower who is growing grapes that is selling them to a larger winery that they are not ever going to benefit from the Market Assistance Program. We would be saying to that winery out there and that winery who might be owned by an individual that might be farming 10,000 acres but has his own winery that he is going to benefit from the Market Assistance Program. That is not fair. What we are trying to do is to ensure that that average wine grape grower in California, or other parts of the country, that grows less than 100 acres of wine that they will have a tool that will ensure that U.S. wine will be at a competitive advantage or have a fair playing field when we take on the winemakers and the wine grape growers of the European Union. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. DOOLEY. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Does the gentleman really believe that we should be providing Government tax subsidies to the richest companies in the U.S. regardless of what their profit lines are? Mr. DOOLEY. Reclaiming my time, what the issue is is that the U.S. farmer have fair access. In a perfect world if the European Union were not spending six times the amount that the U.S. Government was to provide exports, then we would not need this program. But if we want to ensure that the U.S. farmer has a level playing field, this Government needs to stand behind them, and that is what the Market Assistance Program does. Mr. KENNEDY of Massachusetts. May I inquire of the Chair how much time remains on each side? The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] has 3 minutes remaining and the gentleman from New Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would just like to suggest that I do think that we ought to have some kind of test in this program as to whether or not companies who are making tens of millions of dollars worth of profit and then coming in and reaching into the back pocket of the taxpayer and asking us to subsidize them when they are already making all these dollars. {time} 1230 The real question is whether we should be promoting alcohol products abroad to begin with, but if we are to do it and we have to do it because the Europeans are subsidizing their industry, I say fine, but let us not go out and needlessly line the pockets of companies that are already making tens of millions of dollars' worth of profits. Come on, Congress of the United States, stand up to the wine lobby. That is what this is all about. Just for once say to the wine lobby, look, we will accept that we are going to help out the little guy, but let us not go out there and line the pockets of the richest wine companies. These are people that for all the time have gone out and gotten all the farm workers picking the grapes and all the rest of it. They make plenty of profits. Let us stand up to them, for crying out loud. Have a little heart, have a little soul, and stand up to the big boys every once in a while. It is good for the soul. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. Mr. Chairman, first of all, I would say to the gentleman from Massachusetts that the Department of Agriculture and the Department of Health and Human Services say that a little wine in each individuals' daily diet is healthy for them. So exporting wine is something we should not be ashamed of. We should be proud of it, and we should be out there competing with the rest of the world. But the point the gentleman does not get is that we are talking about small growers who own 30, 40, or 50 acres. They are not the ones who make wine and send it overseas. They have to have a winery buy their product. We are trying to help, as the gentleman from California [Mr. Riggs] said, 90 percent of the small grape growers in this country to find a home for their product. They will find it in many cases domestically but we are expanding our international markets, and we are doing it with a cooperative program that is shared between those who profit and the taxpayer who profits even more by a modest investment in terms of income producing tax paying jobs. And I can tell the gentleman, in this MAP Program we get back $16 in agricultural exports for every dollar that we spend. So please understand we are talking about small farmers here and a benefit for taxpayers as well. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time do I have remaining? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts [Mr. Kennedy] has 2 minutes remaining and the gentleman from new Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I want to address my comments to my good friend from California, Mr. Fazio. The truth is that all this amendment does is limit it to small businesses. All we are saying is if the gentleman is truly concerned about small businesses and the small vendor, then he should be supportive of this amendment. This amendment simply says that the trade association funding can only go to businesses that will qualify under the Small Business Act as small business. Instead of the big boys, the little guy. Mr. FAZIO of California. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from California. Mr. FAZIO of California. Mr. Chairman, I would note, as the gentleman from California [Mr. Dooley] said, a winery may be called a small business but 90 percent of the grapes grown by farmers move through the five largest wineries. So the gentleman is not helping the grower if he makes this distinction. He is trying to do something that is a worthy cause, but he is missing by a mile. Mr. KENNEDY of Massachusetts. Mr. Chairman, reclaiming my time, the truth of the matter is, if these people are part of a trade association they still have access. What this bill does is limit the ability of the trade associations to go about providing big subsidies to the biggest wine companies. It does not, in fact, stop us from providing small businesses with the ability to gain access to the program. I think the whole program is crazy, but I think it is even crazier to suggest that what we will do is continue to skip a loophole open that provides all this money to go to the biggest companies in the country. Mr. FAZIO of California. Mr. Chairman, if the gentleman will continue to yield, the craziest thing we could do would be to eliminate 90 percent of the wine grape growers, who are small farmers. They do not make wine and do not export it. They need private sector help to do it. and this program provides the partnership to do it. Mr. KENNEDY of Massachusetts. Mr. Chairman, the truth of the matter is, this will have absolutely no impact. And if the gentleman talks to people seriously about the impact of this whole MAP program, it will not have a penny's worth of difference in terms of what the actual sales are. The gentleman and I both know we can produce wine. People want to buy the wine and will produce the wine, and it has nothing to do with the small amount of subsidies that end up going into this program. It is the principle of the fact that we are providing taxpayer [[Page H6201]] dollars, millions and millions of dollars worth of taxpayer funds, that go into the back pocket of the biggest companies. That is a scam and a scandal that ought to be dealt with. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Riggs], the remainder of my time. Mr. RIGGS. Mr. Chairman, I wish the gentleman from Massachusetts could devote so much time and energy to helping us address the competitive and trade disadvantage that our wine exports have against Chilean and European wines. But the gentleman was correct when he said last year in conference we restructured the MPP, now known as the Market Access Program, to restrict direct participation of for-profit corporations that are not small businesses while requiring a direct match from any small business that participates in this program. These reforms should silence this unwarranted criticism of the Market Access Program. The accusations that corporations are advertising products at taxpayers expense are simply not true. The primary emphasis of this program, as has been pointed out repeatedly over the last few minutes of debate, is toward the small family farmer. Historically, 60 percent of market access promotion funds have gone to generic advertising; the remaining 40 percent is allocated to brand promotion, with priority again given to small entities. I quote from the act: In addition, a sizable number of large corporations receiving market access promotion moneys are actually grower cooperatives. All benefits those organizations derive from brand assistance under this program are directly returned to their grower members, who themselves tend to be small and medium sized operations. Mr. WARD. Mr. Chairman, will the gentleman yield? Mr. RIGGS. I yield to the gentleman from Kentucky. (Mr. WARD asked and was given permission to revise and extend his remarks.) Mr. WARD. Mr. Chairman, I rise in opposition to the amendment. Mr. RIGGS. Mr. Chairman, I wanted to conclude by saying the Market Access Program is not corporate welfare; it is a valuable resource for America's small farmers to compete in highly restrictive foreign markets. In fact, this program is pro-trade, pro-growth, and pro-jobs. Ms. WOOLSEY. Mr. Chairman, although I have the utmost respect for the gentleman from Massachusetts, unfortunately, I must rise in strong opposition to this amendment. I must do so because this amendment directly and unfairly targets my constituents in Sonoma and Marin Counties, CA, who produce some of the world's finest wine. If this amendment passes, however, their world- famous wine would no longer be able to compete in the world market. This amendment would devastate the small wine producers in my district, who rely upon Federal export assistance to enter and compete in the global marketplace. Unlike Europe and South America, U.S. wine producers receive no production subsidies whatsoever. Furthermore, our competitors outspend the United States in export subsidies by more than 6 to 1! Mr. Chairman, small California wineries cannot compete in such a lopsided marketplace without some assistance. And let there be no mistake, this amendment targets small, family-owned businesses--89 out of 101 wineries that participate in the Market Access Program are small wineries. The Kennedy amendment takes this critical assistance away from small wine producers and, in doing so, It takes away jobs; it takes away trade; and, it takes away fairness. Mr. Chairman, we should be working today to help export California wine, Not California's jobs. Vote ``no'' on the Kennedy amendment. The CHAIRMAN pro tempore. All time for debate has expired. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. KENNEDY of Massachusetts. Mr. Chairman, I demand a recorded vote, and pending that, I make a point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to the rule, further proceedings on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy] will be postponed. The point of no quorum is considered withdrawn. The Chairman pro tempore. Are there further amendments? Amendment Offered by Mr. KOLBE Mr. KOLBE. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kolbe: At the appropriate place in the bill, insert the following new section: Sec. . None of the funds made available in this Act may be used to administer a peanut program that maintains a season average farmers stock price for the 1997 crop of quota peanuts in excess of $640 per ton. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 20 minutes with the time being equally divided and to roll the vote. Mrs. CLAYTON. Mr. Chairman, I object. The CHAIRMAN pro tempore. Objection is heard. The gentleman from Arizona [Mr. Kolbe] is recognized for 5 minutes. Mr. KOLBE. Mr. Chairman, I rise to offer this amendment with the gentlewoman from New York [Mrs. Lowey]. It is an amendment that simply carries out the intent of Congress on the peanut program. The farm bill, the Freedom to Farm Act, made some extremely modest changes to the peanut program. The change that was supposed to benefit consumers was a 10 percent reduction in support prices from $678 to $610. This amendment would ensure that the price of quota peanuts would actually be $610 per ton, as approved in the recently passed farm bill. Now, why is this amendment necessary, if all we are doing is seeking to implement what the farm bill said we were going to do? It is necessary because the Secretary of Agriculture, not without reason, since he represents agricultural interests, has chosen to administer this program in a way that makes sure that peanut prices will continue to stay at previous, much higher levels. The Secretary was able to do this, to keep the peanut pries high, by announcing a national peanut quota production level that is going to be at least 100,000 tons less than the projected domestic demand. In other words, the Government is creating an artificial shortage. Mr. Chairman, what we have is a Government-created artificial shortage of peanuts and, thus, a consequent higher price for peanuts. That is contrary clearly to what we intended to do in the farm bill. At a time when we have a peanut industry that is certainly in a serious state of decline, with peanut consumption dramatically declining over the last 5 years, it does not seem to me that we can afford to let bad government policy excessively inflate the prices for domestic consumers. Inflate the prices, I might add, to what is now double, double, the export price. The domestic price of peanuts is double what our producers get when they sell it into the export markets. In other words, we have this artificially created price. Even at $610 a ton, which we are not going to get to because of this reduction in the quota, U.S. peanuts are 33 percent above the world price of $350 per ton. So this amendment on

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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997
(House of Representatives - June 12, 1996)

Text of this article available as: TXT PDF [Pages H6194-H6236] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997 The Committee resumed its sitting. Mr. SKEEN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon [Mr. Cooley]. Mr. COOLEY. Mr. Chairman, the Animal Damage Control Program represents one of the most efficient and cost-effective programs within the U.S. Department of Agriculture. It benefits the general public as well as the agricultural industry. Without animal damage control, studies have indicated that agriculture's annual losses would total in excess of $1 billion. In 1994 in Oregon alone, the National Agricultural Statistics Service estimated that 4,275 sheep and 15,200 lambs were lost to predators. What kind of signal are we sending to these ranchers? When urban residents are robbed of their private property, they rely on publicly financed services to regain their property. It this a subsidy to private property owners? Is the taking of private property in the East worthy of publicly financed services, while in the West it is not? Mr. Chairman, ranchers are hard-working, tax-paying citizens who contribute mightily to their communities. And the Animal Damage Control Program is a tool they rely on to maintain a successful operation. It should be protected. Oppose the DeFazio amendment. Mr. Chairman, I oppose the DeFazio amendment, and I want to state that predator control is not only a western issue; it is an issue throughout the entire country. I think that we need to retain this program because we retained other predator control programs that pertain to our police protection. This is just another form of that, and we need it. Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Brown]. (Mr. BROWN of California asked and was given permission to revise and extend his remarks.) Mr. BROWN of California. Mr. Chairman, I rise in strong support of the DeFazio amendment that would cut $13.4 million from the fiscal year 1997 budget for animal damage control. Mr. Chairman, I ask the indulgence of my good friend, the chairman of the committee, to understand my position because I hope I understand his. I have a small spread in California. I engage in predator control. I believe in predator control. I will not describe the type of predator control that I use, but I think it is reasonably effective. What I am suggesting here in this effort to cut the budget for animal damage control is that we can do this job more effectively and in a more principled fashion than we do. I believe in strong cooperation on the part of the Government, the Department of Agriculture in this case, to help the farmers, ranchers, and other people of this country. I have demonstrated that time after time. On the other hand, I do not believe in an unnecessary and less than beneficial subsidy that is being used to support this program. As I think we all know, the Department of Agriculture is authorized to levy fees to support this program, but have never used that authority. We move in that direction in almost every other area in which we are providing services to a segment of the business community, and it is my view that we should be moving in this direction as far as the Animal Damage Control Program is concerned. In previous legislation the Congress has indicated that there are preferred ways to carry out this operation and they do not require the extensive use of the kinds of traps, snares, poisons, aerial hunting, and other things that are going on today under the name of controlling animal damage. There are more effective ways, and the Congress has directed that these be used. We have GAO reports that the ADC has been using these methods that I [[Page H6195]] have described in essentially all instances, despite the Department's written policies and procedures which call for preference to be given to nonlethal methods. Now I confess that I am an unabashed animal lover and like to protect their lives where possible, and I think in this case we can achieve the control of predator damage by the use of nonlethal technologies, and that we can do it cheaper and we can distribute the costs of doing this in a more equitable fashion by levying fees which would be levied on the people who get the benefit from the program. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming [Mrs. Cubin]. Mrs. CUBIN. Mr. Chairman, I rise in opposition to the pending amendment which would reduce funding to the Animal Damage Control Program. Mr. Chairman, I think that this amendment is at the very best uninformed, and possibly at the worst, mean-spirited. When we talk about predators, we are not talking only about coyotes, we are talking about the wolf which has been introduced into Wyoming, into my State, which is an endangered species. The grizzly bear is an endangered species. Eagles and hawks, many of them are endangered species. We do not have any right or any will to kill these predators, and we cannot legally do that to protect our livestock. I believe in predator control, but when an endangered animal, an endangered species kills some livestock, the only way that the owner of that livestock can get compensated is through the Animal Damage Control Program. {time} 1130 I would suggest that, if the gentleman who offered the amendment had a dog that was worth $10,000 and this dog was in his very own yard, and there are bulls that are worth that much, much more than $10,000, but this dog was in its very own yard and my dog went over and killed his dog, then he would say that I ought to be responsible to pay him back for the value of his dog. This is all this predator control program does. If a species or if a predator, including an endangered species, kills a cow, a bull, a sheep, whatever, all we are asking is that a portion, a very small portion of the value of that livestock be given back to the owner of the livestock. That is what we are asking. This is not a subsidy. It is merely paying someone for a small portion of what is rightfully theirs. The animal loss in the livestock industry is enormous, as the gentleman from Oregon [Mr. Cooley] stated earlier. Aside from the livestock issues, there have also been wildlife losses, not just in Wyoming but in Oregon and across the western United States, due to predation. It is the livestock producers who, by controlling predators, who keep the burgeoning numbers of coyotes, foxes, mountain lions, and brown bears down, who have provided the most protection for wildlife, which are preyed upon by these same destructive animals. The Animal Defense Control Program is the last line of defense for the wildlife that we enjoy and that everyone wants to preserve in our State. If Members have any real interest in protecting wildlife, they will vote against this amendment, because the ranchers and the livestock growers are the ones who are helping control the predators, and they need the animal control money to enable them to do that. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The issue here is a subsidy, subsidy. That side of the aisle is consistently against government programs and subsidies except when it goes to their own parochial interests. This bill does nothing, nothing to prevent predator control by individuals, by counties, by States. As I said previously, when I was a county commissioner, we canceled the predator control program, walked away from the Federal match. They engaged in private predator control, and the losses did not go up. But that is the issue here. Will we continue a $13.4 million subsidy to a selected few of the livestock producers in the Western United States? As I stated earlier, yes, the losses are largely due to predation. Almost 3 percent of the losses last year were due to predation. The other 97 percent were due to a number of causes, some of which are not preventable, like weather, but others which could be preventable with research, like respiratory problems, 27 percent; digestive problems, 25 percent. Fifty-two percent of the losses in this industry were due to respiratory and digestive problems. Maybe we should invest this money in our veterinary schools. Maybe we should invest it in a vaccination program for livestock. I do not know. But there would be a heck of a lot better return than the 3 percent that was due to predation. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 4 minutes to the gentleman from Texas [Mr. Bonilla]. Mr. BONILLA. Mr. Chairman, I thank my friend from New Mexico for yielding time to me. Mr. Chairman, I rise in strong opposition to the DeFazio amendment. It is bad news, it is bad news for agriculture. It is bad news for consumers. It is bad news for the environment. And it is bad news for America's children. Here is the bad news the DeFazio amendment has for agriculture. In 1994, 520,000 sheep and lamb were killed by predators, direct losses to agriculture from wildlife damage totaled $461 million. The DeFazio amendment says too bad, so sad, let us increase these losses. The DeFazio amendment would cut animal damage control that is essential for the continued viability for many American ranches already battered by the drought. Let us not forget about the drought. The DeFazio amendment would punish these ranchers with increased losses. My friends, that is wrong, it is just plain wrong. Here is the bad news the DeFazio amendment has for consumers. Higher grocery bills are on the way for millions of American families struggling to make ends meet. These higher costs are courtesy of the DeFazio amendment which will increase predator damage and reduce supply. At the same time, ADC plays a vital role in the safety of millions of air travelers. By 1991, 635 airports participated in the ADC program. The importance was illuminated when a bird strike at Kennedy Airport in New York caused severe damage to a plane and, more importantly, threatened the lives of 300 passengers. The DeFazio amendment says so sad, too bad, we should accept this level of risk. That is wrong. It is plain wrong. We should reject this amendment for that reason as well. Here is bad news the DeFazio amendment has for the environment. ADC activities protect threatened and endangered species from predators. The black footed ferret, the San Joaquin kit fox, the desert tortoise, the Aleutian Canadian goose might well be extinct were it not for ADC protection from predators. The DeFazio amendment says too bad, so sad, we may as well terminate these species. That is wrong, plain wrong, another reason to reject this amendment. Finally, and most troubling, the DeFazio amendment delivers bad news to America's children. Rabies is rearing its horrifying face across America. Between 1988 and 1992, rabies cases have doubled. New York reported 1,761 new cases, while 640 of my fellow Texans were treated for rabies. Predators also directly threaten our youth. In Los Angeles, a 3-year-old girl was killed in her front yard by a coyote. ADC fights these threats. The DeFazio amendment tells us not to worry about the predator threat. It is not important, too bad, so sad. This is wrong. We should reject the DeFazio amendment. If we care about either agriculture, consumers, the environment or children, we should stand strong and reject the DeFazio amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The gentleman should read the amendment before he rises with such extraordinary charges that the amendment will be responsible for the collapse of American democracy and the final victory of the totalitarian Soviet state, which I think was part of the statement there. It has exceptions for human health and safety. It has exceptions for endangered or threatened species. The endangered, threatened species are often dealt with in a better manner by fish [[Page H6196]] and wildlife, who has a line item in their budget. All this does is eliminate a subsidy for a ridiculous anachronistic program first implemented in 1931 that has no discernible impact. It has had an impact, and it is inadvertent, against nontarget species, poisoning of nontarget species, the destruction of predators which, like coyotes, in many cases prey on rodents or on groundhogs and gophers and things which cause problems with pastures and with horses breaking their legs. So the gentleman, by killing coyotes, is responsible for people whose horses have put their legs in gopher holes, broken them, fallen and then been killed. I will not make that charge, but his charges were equally irresponsible. This is an absurd subsidy to a selected few, a very small percentage of privileged western livestock producers. It is something that if they need, they can contract for themselves without a subsidy from the U.S. taxpayers to continue this ineffective and indiscriminate program. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Stenholm]. Mr. STENHOLM. Mr. Chairman, I rise in opposition to this amendment. I have listened attentively to much of the debate. I think that the proponent of this amendment is completely overlooking the reason why some of us believe that it is a good program. If you have ever talked to a rancher that has lost 200, 300, 400, or 500 kid goats, baby goats just born, if you have talked to ranchers that have lost 200 or 300 or 400 baby lambs that have just been born, then the 3-percent figure in the Nation makes no sense whatsoever to that individual. This program is designed to take care of a problem. When there is no problem, when you do not have an undue number of coyotes or other predator animals in an area, you do not have a program. But when you do have one, and it becomes a problem, then you have a need for a program, and it does not just benefit the rancher. Living in my part of the country today, as my friend and neighbor from San Antonio just pointed out, rabies, we have a serious problem that we are trying to contain and control. It is spread by coyotes and bobcats. And it is a problem that is now coming within the city limits of some of our towns in the southern part of Texas. This program, as it is designed, is designed to be a responsible way to deal with problems like this. So I would hope that my colleagues, both sides of the aisle, would not support this amendment. It does nothing other than create some tremendous economic problems for certain ranchers, and it is not just in the far west, it is in Texas, it is in Oklahoma, it is in New Mexico, in all areas in which you have for whatever reason a problem with predatory animals. I would hope that Members would not support this amendment. I think the committee has done a very responsible job. They have had a difficult time with the amount of moneys available. They have put the moneys where they believe is in the best and highest priority. I believe that it is something that almost every one of us can find a way to justify and support. The CHAIRMAN pro tempore (Mr. Linder). The gentleman from New Mexico [Mr. Skeen] has 3\1/2\ minutes remaining and has the right to close, and the gentleman from Oregon [Mr. DeFazio] has 2 minutes remaining. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have had a lot of red herrings drug across the floor here. Rabies is not affected by this amendment. Human health and safety activities are totally exempt. Whether it is rabid animals or problem animals, those things can still be taken care of by ADC. We have heard about environmental concerns from the other side. I am pleased to finally hear environmental concerns from the other side from the gentleman from Texas, maybe not a first but definitely somewhat unprecedented. We accommodate endangered and threatened species in this amendment. It does not affect control efforts that deal with the preservation or safety of endangered or threatened species. Quite simply, the amendment goes to the heart of this issue, which is, should the U.S. taxpayers subsidize a program of poisoning, baiting, killing, shooting from airplanes and others of predator species that may or may not be a particular problem, should they continue to avoid their mandate that they use other controls, should we spend $14 million doing this? Maybe we should go out and have a Federal program to acquire dogs. We could buy Great Pyrenees, kuvasz, Komondors, Bouvier des Flandres. You can get a heck of a lot of them for $14 million, and if they live 10 years, we would not have to spend any more money. The issue is, many ranchers have become dependent upon practices that are not the most prudent practices, to have calving or birthing of lambs in areas that are problem areas without any herders present, without themselves being present. As we saw earlier, actually more of the livestock die with calving problems, 17 percent, than with the predation problems, 3 percent. But in any case, they are saying we need this program. If they need the program, they should pay for it themselves. They should go to their county or State, have the county or State pay for it. It is time to put this Federal anachronism to bed. At a time when we are cutting back on every other program here in order to get to a balanced budget, we should no longer subsidize the indiscriminate killing by the animal disease control people and we should continue in the areas of health, safety, airports, and endangered species. Mr. SKEEN. Mr. Chairman, I yield myself the balance of my time. Let me say to the gentleman, who is existing in oblivious and euphoric unawareness, that is the closest I can come to being real kind about this issue, I understand his problem. He feels so good that he is cutting money. Let me say to the gentleman, by cutting funding for the program there will not be any personnel available to take care of the health and safety issues that he is espousing because that is built into the program. {time} 1145 I ask the Members to vote ``no'' on this issue. Let us go back a little bit in history. We had the perfect answer to the kind of predatory control in the United States at one time with the formula known as 1080. It did not cost near as much as it does for the program that we have today because it took care of the problem. It was benign and it was species-specific. But, no, the animal rights people decided that this was a lethal method that was objectionable to them, and we did away with it, we banned, the use of 1080 in Western ranges. So they came up with this program, and it is a participation program in which ranchers, farmers, and others put up money, that is to some degree, matching the Federal funding that is involved. Yes, we want to cut the budget, and how, but we need to take care of a problem that is so onerous and so critical to those people who are livestock raisers and grazers. The are not being subsidized. They are paying their part because they have to spend enormous amounts of time checking traps and doing whatever they do to keep their predator control situation under absolute control. So I say to the gentleman, ``Get out of the county courthouse that you were sitting in so comfortable; get out there and live with a family for a little while that has a predator problem so that you actually understand what predator control means.'' This program also assists those who have trouble going in and out of airports with huge flocks of birds that fly through jet engines and things of that kind. We are using a mental approach and a research approach to solving that problem; lethal means, are used as a last resort. I agree with the gentleman that there ought to be a better system. We had a better system at one time, but it was not looked upon with great favor. In our great wisdom we banned it by executive decree, and I think that was a horrible mistake. So I say to the gentleman and to those who are interested in this particular thing that I sure would appreciate a ``no'' vote because I think it has a devastating effect, and the gentleman, giving him all due credit, does not know what he is talking about. [[Page H6197]] Mr. Chairman, I yield back the balance of my time. Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment. Currently, the Federal Government spends $27 million on the Animal Damage Control Program. Various activities covered under this program include prevention of the spread of rabies and control of bird flocks near airports. I strongly support these programs because they protect human health and safety. However, there are other activities within the ADC program which serve as an unnecessary subsidy to livestock producers. By the Federal Government paying for predator control, livestock owners are not encouraged to deter predators and improve the protection of their herds. By leaving newborn calves and lambs in fields far from the protection of the barn, livstock producers are enticing animals such as wolves, mountain lions, and foxes to prey on this young stock. In addition, the Department of Agriculture is already authorized to levy fees for predator control services but will not do so while the Federal government continues to pay the bills. By cutting this program in half, we will focus the remaining money on the more beneficial programs that protect human health and safety. In these times of budgetary constraints, supporting this amendment will save taxpayer money and provide an incentive for livestock producers to take responsibility for protecting their herds. Mr. FAZIO of California. Mr. Chairman, I rise in opposition to the DeFazio amendment, which would reduce funds for the Animal Damage Control Program of the Animal and Plant Health Inspection Service. This is not a well-known program, but it is an important program for California and the United States. ADC's activities range from preventing bird strikes to aircraft at JFK International Airport in New York, to seeking solutions to the severe problem of canine rabies in Texas, to protecting threatened and endangered species in California. In California, ADC has worked with the U.S. Fish and Wildlife Service to protect the western snowy plover, the California clapper rail, the desert tortoise, and the California least tern. In addition, ADC works with ranchers and grazers to prevent losses due to predation. Losses of sheep and goats due to predation averages approximately $24 million a year. Cattle losses due to predation average approximately $40 million annually. In the absence of an operational ADC program, these losses will increase dramatically. The effect of the DeFazio amendment would be significant and devastating. Seven ADC States offices would be closed, including the gentleman's home State and six other Western States. Twenty ADC district offices will close from Wisconsin to my home State of California. Approximately 200 field positions would be subject to reduction-in-force. Matching cooperative would decrease by 50 percent-- amounting to a $10 million loss in cooperative funding. In short, this is an effective program throughout the United States, and this amendment would severely reduce its effectiveness. I urge my colleagues to oppose the DeFazio amendment. The CHAIRMAN pro tempore (Mr. Linder). The question is on the amendment offered by the gentleman from Oregon [Mr. DeFazio]. The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. recorded vote Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 139, noes 279, not voting 16, as follows: [Roll No. 230] AYES--139 Abercrombie Ackerman Andrews Barrett (WI) Becerra Beilenson Berman Bilbray Bilirakis Blumenauer Blute Bonior Borski Brown (CA) Brown (OH) Bryant (TX) Cardin Castle Chabot Chrysler Coburn Cox Coyne Cummings DeFazio DeLauro Dellums Deutsch Dingell Dixon Doggett Doyle Duncan Ehlers Engel English Eshoo Farr Fawell Filner Flanagan Foglietta Fox Frank (MA) Furse Gejdenson Gephardt Gilchrest Goss Gutierrez Gutknecht Hall (OH) Harman Hinchey Hoekstra Jackson (IL) Johnston Kelly Kennedy (MA) Kennedy (RI) Kennelly Kleczka Klink Klug LaFalce Lantos Levin Lewis (GA) Lipinski Lowey Luther Maloney Manzullo Markey Matsui McCarthy McDermott McHale McKinney McNulty Meehan Meek Menendez Meyers Millender-McDonald Miller (CA) Miller (FL) Mink Moakley Morella Nadler Neal Neumann Obey Olver Owens Payne (NJ) Pelosi Petri Porter Rahall Ramstad Rangel Reed Rivers Roemer Rohrabacher Roth Roukema Roybal-Allard Royce Sabo Sanders Sanford Scarborough Schroeder Schumer Sensenbrenner Serrano Shays Slaughter Smith (NJ) Stark Stearns Stockman Studds Stupak Taylor (MS) Torres Towns Upton Velazquez Vento Wamp Waters Waxman Woolsey Yates Zimmer NOES--279 Allard Archer Armey Bachus Baesler Baker (CA) Baker (LA) Baldacci Ballenger Barcia Barr Barrett (NE) Bartlett Barton Bateman Bentsen Bereuter Bevill Bishop Bliley Boehlert Boehner Bonilla Bono Boucher Brewster Browder Brown (FL) Brownback Bryant (TN) Bunn Bunning Burr Burton Buyer Callahan Camp Campbell Canady Chambliss Chenoweth Christensen Clay Clayton Clement Clinger Coble Coleman Collins (GA) Collins (IL) Collins (MI) Combest Condit Cooley Costello Cramer Crane Crapo Cremeans Cubin Cunningham Danner Davis de la Garza Deal DeLay Diaz-Balart Dickey Dicks Dooley Doolittle Dornan Dreier Dunn Durbin Edwards Ehrlich Ensign Evans Everett Ewing Fattah Fazio Fields (LA) Fields (TX) Flake Foley Forbes Ford Fowler Franks (CT) Franks (NJ) Frisa Frost Funderburk Gallegly Ganske Gekas Geren Gibbons Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Hall (TX) Hamilton Hancock Hansen Hastert Hastings (FL) Hastings (WA) Hayes Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hobson Hoke Holden Horn Hostettler Houghton Hoyer Hunter Hutchinson Hyde Istook Jackson-Lee (TX) Jacobs Jefferson Johnson (CT) Johnson (SD) Johnson, E. B. Johnson, Sam Jones Kanjorski Kaptur Kasich Kildee Kim King Kingston Knollenberg Kolbe LaHood Largent Latham LaTourette Laughlin Lazio Leach Lewis (KY) Lightfoot Linder Livingston LoBiondo Lofgren Longley Lucas Manton Martinez Mascara McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Minge Molinari Mollohan Montgomery Moorhead Murtha Myers Myrick Nethercutt Ney Norwood Nussle Oberstar Ortiz Orton Oxley Packard Pallone Parker Pastor Paxon Payne (VA) Peterson (FL) Peterson (MN) Pickett Pombo Pomeroy Portman Poshard Quillen Quinn Radanovich Regula Richardson Riggs Roberts Rogers Ros-Lehtinen Rose Rush Salmon Sawyer Saxton Schaefer Scott Seastrand Shadegg Shaw Shuster Sisisky Skaggs Skeen Skelton Smith (MI) Smith (TX) Smith (WA) Solomon Souder Spence Spratt Stenholm Stokes Stump Talent Tanner Tate Tauzin Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torricelli Traficant Visclosky Volkmer Vucanovich Walker Walsh Ward Watt (NC) Watts (OK) Weldon (FL) Weldon (PA) Weller White Whitfield Wicker Williams Wilson Wise Wolf Wynn Young (AK) Young (FL) Zeliff NOT VOTING--16 Bass Calvert Chapman Clyburn Conyers Emerson Frelinghuysen Gillmor Inglis Lewis (CA) Lincoln Martini McDade Moran Pryce Schiff {time} 1207 Messrs. KILDEE, FATTAH, and ROSE changed their vote from ``aye'' to ``no.'' Mrs. KENNELLY, Mrs. MEEK of Florida, and Messrs. COX of California, BILBRAY, SCHUMER, LEWIS of Georgia, and NEUMANN changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. personal explanation Mr. MORAN. Mr. Chairman, during rollcall vote No. 230 on H.R. 3603 I was unavoidably detained. Had I been present, I would have voted ``aye.'' personal explanation Mr. MARTINI. Mr. Chairman, this morning during rollcall votes 229 and 230 I was unavoidably detained. Had I been present, I [[Page H6198]] would have voted ``aye'' on rollcall vote No. 229, and ``nay'' on rollcall vote No. 230. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer amendment No. 1. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes, and that the time be equally divided. The CHAIRMAN pro temprore. Is there objection to the request of the gentleman from New Mexico? Mr. KENNEDY of Massachusetts. Mr. Chairman, reserving the right to object, I would ask the gentleman, did he request 10 minutes? Mr. SKEEN. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from New Mexico. Mr. SKEEN. Yes, 10 minutes. Mr. KENNEDY of Massachusetts. Five and five? Mr. SKEEN. Five and five, yes. Mr. KENNEDY of Massachusetts. Mr. Chairman, that is fine with me, and I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each be recognized for 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think many people that saw the news yesterday that Seagrams Liquor Co. is now going to begin advertising directly hard liquor on television, were shocked at that development. In a country that currently is involved in a situation in the United States of America where the No. 1 killer of people under the age of 24 in this country is alcohol and alcohol-related deaths, when we spend $15 billion a year of taxpayer funds to fight the war on drugs, and yet we have the singly most abused drug in this country, alcohol, now killing many, many more Americans than all other drugs combined, we have a tragedy on our hands. We have spent time and time again debating on this floor the need to cut back programs that provide for the education of our children, that provide for the research and development of our country, that provide for the health care of our senior citizens. But in this bill is a hidden subsidy worth millions and millions of dollars to advertise some of the most profitable alcoholic beverages abroad. It is a shame and it is a scam. It ought to come to a stop. In this Market Access Program, we will be spending millions of dollars to advertise Ernest and Julio Gallo, the richest winemakers in the world, who receive $25 million worth of United States taxpayer money to advertise its wine and brandy in Thailand, the Philippines, Canada, and England. Jim Beam got over $2.5 million to push its whiskey abroad. Other whiskey giants like Hiram Walker and Brown-Forman profited from the Market Access Program. The MAP program adds insult to injury by asking the taxpayers to foot the bill of the world's largest foreign alcohol giants. We actually spend money subsidizing Seagrams, the very company that has gone on television yesterday to advertise its hard liquor, we are now subsidizing that Canadian company with United States taxpayer dollars to advertise their products abroad. This is a scandal that ought to come to an end. Mr. Chairman, I would just suggest to the Congress of the United States that it is about time that if we are going to stand up to the senior citizens and tell them we spend too much money on their health care, if we are going to stand up to kids and tell them we spend too much money on their education, if we are going to stand up to the poor and vulnerable and tell them we spend too much money on poverty programs, then we can stand up to the biggest alcohol producers, the biggest winemakers in the world and tell them we are sick and tired of using taxpayers' money to subsidize their profits. {time} 1215 If they want to advertise their alcohol products abroad, let them do it with their own money. Let them stay out of the taxpayer's back pocket. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. I thank the gentleman for yielding time. Mr. Chairman, let me see if I can shed some light on this subject. We are talking about helping export American agricultural products under this program. I am specifically talking about small wine grape growers, most of whom market their products through several large wineries. This is an amendment to help small agriculture. Remember, the European Union spends more on the export promotion of wine than the United States spends promoting all of our agricultural products. They do a great deal to help their growers promote their foreign sales. The European Community wine industries are heavily subsidized to the tune of $1.5 billion, which includes $90 million alone for export promotion. That is the total amount provided for all of agriculture in this bill, if it is not reduced or eliminated. Other countries do even more than the European Union. The Italian Government through its trade commission is funding an additional $25 million for Italian wines alone. So when it comes to the wine industry, the MAP program that we are now debating is a program that helps small business, not visit the giant wineries, not only the names that we have heard bandied about here on the floor. In fact in 1994, for example, 101 wineries participated and 89 of them were small wineries. So there is no question that this is not a subsidy simply to big agriculture or big vintners. We are not talking about people who are purveying distilled spirits. This is wine, a product that we lead not only this hemisphere but this world in the production of a quality product. MAP promotes independent businesses. It is important that 90 percent of the small wine grape growers in this country be given an opportunity to be part of an export promotion program. This amendment would put an end to it. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. FAZIO of California. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. Chairman, I would just like to suggest to the gentleman that if he reads the fine print of this legislation, what he will find is there is a big gap. The gap says that they can put money through the association. It is through those associations that then launder the taxpayers' dollars that then go into the pockets of the biggest wineries in the United States. Ernest and Julio, et cetera. Mr. FAZIO of California. If I could reclaim my time, the people who are involved in this program are putting up half the money. This is not all Government money. Half the money comes from the private sector, both from the wine grape growers through their association and those who make wine and help market the product. This is a program that works for all elements of one of our most successful agricultural industries. If we want to be successful in getting down our trade imbalance, if we want to help small growers, we ought to continue to support this very modest program, which is all we can afford at the present time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. Nethercutt]. Mr. NETHERCUTT. I thank the chairman of the subcommittee for yielding time. [[Page H6199]] Mr. Chairman, I think we have to keep in mind in this debate with respect to the Kennedy amendment that this program helps small farmers. This helps small farmers out in Washington State who, I might say to my friend from California, make the best wine in the world. But also I want the gentleman from Massachusetts to understand that the USDA directs the Market Access Program to small businesses, small farms, small wineries. I do not think we want to cede our industry to the European winemakers. That is what we are really doing here. We are developing a program that allows our Government to contribute some money to competition, unfair competition in my judgment, from foreign governments who assist their winemakers for shelf space. That is really what we are doing. What we are doing is developing a program that allows our products in this country to have some shelf space in foreign markets. That means jobs to Americans. That means jobs to people in my district, small wineries. I urge the rejection of this amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think it is interesting to note that people are talking about how this program assists small vintners. I would anticipate after a vote on this amendment, Mr. Chairman, offering a follow-up amendment that would simply limit the subsidy program to go only to small vintners. As long as the gentlemen that talked so heartily about the need to assist those small vintners would put their vote where their mouth is, I think we might be able to work out a compromise on the underlying issue about whether or not the program should go directly to those small businesses. My true feeling, and I know that the gentleman from Utah [Mr. Hansen] has offered this amendment with me in the past, I wish he was here--I do not think he expected the amendment to come up quite so quickly--is that we do not believe that the U.S. Government ought to be involved in subsidizing alcohol products abroad. That is the fundamental question that is involved with this debate. It is fundamentally, I think, wrong for us to tell people that we do not have money in the coffers of the Federal Government to provide for the health care and the education of our people, but we do have money in the coffers to be able to subsidize alcohol advertising for some of the richest companies in America abroad. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from California [Mr. Farr]. Mr. FARR of California Mr. Chairman, I say to the last speaker, Wake up. We turn on the television set, we see Colombia's Juan Valdez selling us coffee. We see Mexico selling us Corona beer. This is a global market. If we want people to buy American, then we have to tell them what is American. This is a program that requires that the Government match by private funds to advertise and to promote these products abroad. If we are indeed going to sell our products grown in America abroad, we are going to have to maintain this program. I urge a ``no'' vote on the amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time remains on each side? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts and the gentleman from New Mexico each have 30 seconds remaining, and the gentleman from New Mexico [Mr. Skeen] has the right to close. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, I cannot believe that we are hearing Members of Congress that normally speak out so strongly against corporate subsidies and say that is how we ought to balance the budget, all of a sudden switching when it comes to a corporate subsidy that happens to go to the wine industry. Let us listen to Edward Nervo of the Famiglia Nervo Vines and Wines in Sonoma County, CA, who has written to me and said, ``With corporate welfare programs like these, no wonder the biggies get bigger and the small fry end up in the frying pan.'' Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the gentleman from California [Mr. Riggs]. Mr. RIGGS. I thank my distinguished chairman for yielding time. Mr. Chairman, let me just say, first of all, the 5 largest recipients of market access promotion funds purchase over 90 percent of their grapes from small independent grape growers. This is a program that is working. It is a public-private partnership that has been improved by the Congress over the last few years. I just want to remind my colleagues that this same amendment went down to defeat in this House last year on a vote of 268 to 130. The American wine industry and the farmers who depend on that industry need our help to again defeat the Kennedy amendment. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The amendment was rejected. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages unless it is made known to the Federal official having authority to obligate or expend such funds the the promotion activities benefit a small-business concern. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes and that the time be equally divided. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each control 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to commend the chairman of the committee along with my good friend from Illinois, Mr. Durbin, for some language that they inserted in the ag bill last year as a result of the same debate that just took place on the House floor. I shall read what those changes are: The funds shall not be used to provide direct assistance to any nonprofit corporation that is not recognized as a small business concern described in section A of the Small Business Act. Secondly, a cooperative; or, third, an association described in the first section of the Act. Essentially what that is attempting to do is to reform this act so that the big subsidies do not go to the big companies, Seagrams, Ernest and Julio Gallo and the other major vintners and major producers of alcohol that have, I think, very unfairly skimmed money from the American taxpayer while they are making millions and millions of dollars in their exports. The language of this amendment very simply suggests that while what is really occurring is through this trade association loophole, the money is now being funneled through to trade associations and then the trade associations redistribute it to the very big companies. I had a long talk last evening with the Department of Agriculture about this loophole that is contained in the law. All that this amendment would do would be to extend the small business criteria to any funds that get funneled through the trade association to make sure that the concerns of my good friend from California, who is so very worried about those small vintners, will actually make sure the money goes to those small vintners. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Dooley]. [[Page H6200]] Mr. DOOLEY. Mr. Chairman, I rise in strong opposition to this amendment. What the market Assistance Program is all about is trying to ensure that U.S. farmers get their fair share of expanding export markets. What the gentleman from Massachusetts [Mr. Kennedy] is trying to do now is define a different criteria and that we try to say that only small businesses are going to be involved in achieving those expanded markets. As a farmer and as any grape farmer or wine grape grower out there will say, what is important is to increase the sales of wine. What is important is to assure that U.S. wineries have a fair playing field when they take on the European Union and the 6-to-1 advantage that they have in export promotion over U.S. wineries. What we would be doing in this case if we limit the money on where it goes, we would be saying to that small grower who is growing grapes that is selling them to a larger winery that they are not ever going to benefit from the Market Assistance Program. We would be saying to that winery out there and that winery who might be owned by an individual that might be farming 10,000 acres but has his own winery that he is going to benefit from the Market Assistance Program. That is not fair. What we are trying to do is to ensure that that average wine grape grower in California, or other parts of the country, that grows less than 100 acres of wine that they will have a tool that will ensure that U.S. wine will be at a competitive advantage or have a fair playing field when we take on the winemakers and the wine grape growers of the European Union. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. DOOLEY. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Does the gentleman really believe that we should be providing Government tax subsidies to the richest companies in the U.S. regardless of what their profit lines are? Mr. DOOLEY. Reclaiming my time, what the issue is is that the U.S. farmer have fair access. In a perfect world if the European Union were not spending six times the amount that the U.S. Government was to provide exports, then we would not need this program. But if we want to ensure that the U.S. farmer has a level playing field, this Government needs to stand behind them, and that is what the Market Assistance Program does. Mr. KENNEDY of Massachusetts. May I inquire of the Chair how much time remains on each side? The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] has 3 minutes remaining and the gentleman from New Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would just like to suggest that I do think that we ought to have some kind of test in this program as to whether or not companies who are making tens of millions of dollars worth of profit and then coming in and reaching into the back pocket of the taxpayer and asking us to subsidize them when they are already making all these dollars. {time} 1230 The real question is whether we should be promoting alcohol products abroad to begin with, but if we are to do it and we have to do it because the Europeans are subsidizing their industry, I say fine, but let us not go out and needlessly line the pockets of companies that are already making tens of millions of dollars' worth of profits. Come on, Congress of the United States, stand up to the wine lobby. That is what this is all about. Just for once say to the wine lobby, look, we will accept that we are going to help out the little guy, but let us not go out there and line the pockets of the richest wine companies. These are people that for all the time have gone out and gotten all the farm workers picking the grapes and all the rest of it. They make plenty of profits. Let us stand up to them, for crying out loud. Have a little heart, have a little soul, and stand up to the big boys every once in a while. It is good for the soul. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. Mr. Chairman, first of all, I would say to the gentleman from Massachusetts that the Department of Agriculture and the Department of Health and Human Services say that a little wine in each individuals' daily diet is healthy for them. So exporting wine is something we should not be ashamed of. We should be proud of it, and we should be out there competing with the rest of the world. But the point the gentleman does not get is that we are talking about small growers who own 30, 40, or 50 acres. They are not the ones who make wine and send it overseas. They have to have a winery buy their product. We are trying to help, as the gentleman from California [Mr. Riggs] said, 90 percent of the small grape growers in this country to find a home for their product. They will find it in many cases domestically but we are expanding our international markets, and we are doing it with a cooperative program that is shared between those who profit and the taxpayer who profits even more by a modest investment in terms of income producing tax paying jobs. And I can tell the gentleman, in this MAP Program we get back $16 in agricultural exports for every dollar that we spend. So please understand we are talking about small farmers here and a benefit for taxpayers as well. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time do I have remaining? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts [Mr. Kennedy] has 2 minutes remaining and the gentleman from new Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I want to address my comments to my good friend from California, Mr. Fazio. The truth is that all this amendment does is limit it to small businesses. All we are saying is if the gentleman is truly concerned about small businesses and the small vendor, then he should be supportive of this amendment. This amendment simply says that the trade association funding can only go to businesses that will qualify under the Small Business Act as small business. Instead of the big boys, the little guy. Mr. FAZIO of California. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from California. Mr. FAZIO of California. Mr. Chairman, I would note, as the gentleman from California [Mr. Dooley] said, a winery may be called a small business but 90 percent of the grapes grown by farmers move through the five largest wineries. So the gentleman is not helping the grower if he makes this distinction. He is trying to do something that is a worthy cause, but he is missing by a mile. Mr. KENNEDY of Massachusetts. Mr. Chairman, reclaiming my time, the truth of the matter is, if these people are part of a trade association they still have access. What this bill does is limit the ability of the trade associations to go about providing big subsidies to the biggest wine companies. It does not, in fact, stop us from providing small businesses with the ability to gain access to the program. I think the whole program is crazy, but I think it is even crazier to suggest that what we will do is continue to skip a loophole open that provides all this money to go to the biggest companies in the country. Mr. FAZIO of California. Mr. Chairman, if the gentleman will continue to yield, the craziest thing we could do would be to eliminate 90 percent of the wine grape growers, who are small farmers. They do not make wine and do not export it. They need private sector help to do it. and this program provides the partnership to do it. Mr. KENNEDY of Massachusetts. Mr. Chairman, the truth of the matter is, this will have absolutely no impact. And if the gentleman talks to people seriously about the impact of this whole MAP program, it will not have a penny's worth of difference in terms of what the actual sales are. The gentleman and I both know we can produce wine. People want to buy the wine and will produce the wine, and it has nothing to do with the small amount of subsidies that end up going into this program. It is the principle of the fact that we are providing taxpayer [[Page H6201]] dollars, millions and millions of dollars worth of taxpayer funds, that go into the back pocket of the biggest companies. That is a scam and a scandal that ought to be dealt with. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Riggs], the remainder of my time. Mr. RIGGS. Mr. Chairman, I wish the gentleman from Massachusetts could devote so much time and energy to helping us address the competitive and trade disadvantage that our wine exports have against Chilean and European wines. But the gentleman was correct when he said last year in conference we restructured the MPP, now known as the Market Access Program, to restrict direct participation of for-profit corporations that are not small businesses while requiring a direct match from any small business that participates in this program. These reforms should silence this unwarranted criticism of the Market Access Program. The accusations that corporations are advertising products at taxpayers expense are simply not true. The primary emphasis of this program, as has been pointed out repeatedly over the last few minutes of debate, is toward the small family farmer. Historically, 60 percent of market access promotion funds have gone to generic advertising; the remaining 40 percent is allocated to brand promotion, with priority again given to small entities. I quote from the act: In addition, a sizable number of large corporations receiving market access promotion moneys are actually grower cooperatives. All benefits those organizations derive from brand assistance under this program are directly returned to their grower members, who themselves tend to be small and medium sized operations. Mr. WARD. Mr. Chairman, will the gentleman yield? Mr. RIGGS. I yield to the gentleman from Kentucky. (Mr. WARD asked and was given permission to revise and extend his remarks.) Mr. WARD. Mr. Chairman, I rise in opposition to the amendment. Mr. RIGGS. Mr. Chairman, I wanted to conclude by saying the Market Access Program is not corporate welfare; it is a valuable resource for America's small farmers to compete in highly restrictive foreign markets. In fact, this program is pro-trade, pro-growth, and pro-jobs. Ms. WOOLSEY. Mr. Chairman, although I have the utmost respect for the gentleman from Massachusetts, unfortunately, I must rise in strong opposition to this amendment. I must do so because this amendment directly and unfairly targets my constituents in Sonoma and Marin Counties, CA, who produce some of the world's finest wine. If this amendment passes, however, their world- famous wine would no longer be able to compete in the world market. This amendment would devastate the small wine producers in my district, who rely upon Federal export assistance to enter and compete in the global marketplace. Unlike Europe and South America, U.S. wine producers receive no production subsidies whatsoever. Furthermore, our competitors outspend the United States in export subsidies by more than 6 to 1! Mr. Chairman, small California wineries cannot compete in such a lopsided marketplace without some assistance. And let there be no mistake, this amendment targets small, family-owned businesses--89 out of 101 wineries that participate in the Market Access Program are small wineries. The Kennedy amendment takes this critical assistance away from small wine producers and, in doing so, It takes away jobs; it takes away trade; and, it takes away fairness. Mr. Chairman, we should be working today to help export California wine, Not California's jobs. Vote ``no'' on the Kennedy amendment. The CHAIRMAN pro tempore. All time for debate has expired. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. KENNEDY of Massachusetts. Mr. Chairman, I demand a recorded vote, and pending that, I make a point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to the rule, further proceedings on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy] will be postponed. The point of no quorum is considered withdrawn. The Chairman pro tempore. Are there further amendments? Amendment Offered by Mr. KOLBE Mr. KOLBE. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kolbe: At the appropriate place in the bill, insert the following new section: Sec. . None of the funds made available in this Act may be used to administer a peanut program that maintains a season average farmers stock price for the 1997 crop of quota peanuts in excess of $640 per ton. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 20 minutes with the time being equally divided and to roll the vote. Mrs. CLAYTON. Mr. Chairman, I object. The CHAIRMAN pro tempore. Objection is heard. The gentleman from Arizona [Mr. Kolbe] is recognized for 5 minutes. Mr. KOLBE. Mr. Chairman, I rise to offer this amendment with the gentlewoman from New York [Mrs. Lowey]. It is an amendment that simply carries out the intent of Congress on the peanut program. The farm bill, the Freedom to Farm Act, made some extremely modest changes to the peanut program. The change that was supposed to benefit consumers was a 10 percent reduction in support prices from $678 to $610. This amendment would ensure that the price of quota peanuts would actually be $610 per ton, as approved in the recently passed farm bill. Now, why is this amendment necessary, if all we are doing is seeking to implement what the farm bill said we were going to do? It is necessary because the Secretary of Agriculture, not without reason, since he represents agricultural interests, has chosen to administer this program in a way that makes sure that peanut prices will continue to stay at previous, much higher levels. The Secretary was able to do this, to keep the peanut pries high, by announcing a national peanut quota production level that is going to be at least 100,000 tons less than the projected domestic demand. In other words, the Government is creating an artificial shortage. Mr. Chairman, what we have is a Government-created artificial shortage of peanuts and, thus, a consequent higher price for peanuts. That is contrary clearly to what we intended to do in the farm bill. At a time when we have a peanut industry that is certainly in a serious state of decline, with peanut consumption dramatically declining over the last 5 years, it does not seem to me that we can afford to let bad government policy excessively inflate the prices for domestic consumers. Inflate the prices, I might add, to what is now double, double, the export price. The domestic price of peanuts is double what our producers get when they sell it into the export markets. In other words, we have this artificially created price. Even at $610 a ton, which we are not going to get to because of this reduction in the quota, U.S. peanuts are 33 percent above the world price of $350 per ton. So this am

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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997


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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997
(House of Representatives - June 12, 1996)

Text of this article available as: TXT PDF [Pages H6194-H6236] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997 The Committee resumed its sitting. Mr. SKEEN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon [Mr. Cooley]. Mr. COOLEY. Mr. Chairman, the Animal Damage Control Program represents one of the most efficient and cost-effective programs within the U.S. Department of Agriculture. It benefits the general public as well as the agricultural industry. Without animal damage control, studies have indicated that agriculture's annual losses would total in excess of $1 billion. In 1994 in Oregon alone, the National Agricultural Statistics Service estimated that 4,275 sheep and 15,200 lambs were lost to predators. What kind of signal are we sending to these ranchers? When urban residents are robbed of their private property, they rely on publicly financed services to regain their property. It this a subsidy to private property owners? Is the taking of private property in the East worthy of publicly financed services, while in the West it is not? Mr. Chairman, ranchers are hard-working, tax-paying citizens who contribute mightily to their communities. And the Animal Damage Control Program is a tool they rely on to maintain a successful operation. It should be protected. Oppose the DeFazio amendment. Mr. Chairman, I oppose the DeFazio amendment, and I want to state that predator control is not only a western issue; it is an issue throughout the entire country. I think that we need to retain this program because we retained other predator control programs that pertain to our police protection. This is just another form of that, and we need it. Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Brown]. (Mr. BROWN of California asked and was given permission to revise and extend his remarks.) Mr. BROWN of California. Mr. Chairman, I rise in strong support of the DeFazio amendment that would cut $13.4 million from the fiscal year 1997 budget for animal damage control. Mr. Chairman, I ask the indulgence of my good friend, the chairman of the committee, to understand my position because I hope I understand his. I have a small spread in California. I engage in predator control. I believe in predator control. I will not describe the type of predator control that I use, but I think it is reasonably effective. What I am suggesting here in this effort to cut the budget for animal damage control is that we can do this job more effectively and in a more principled fashion than we do. I believe in strong cooperation on the part of the Government, the Department of Agriculture in this case, to help the farmers, ranchers, and other people of this country. I have demonstrated that time after time. On the other hand, I do not believe in an unnecessary and less than beneficial subsidy that is being used to support this program. As I think we all know, the Department of Agriculture is authorized to levy fees to support this program, but have never used that authority. We move in that direction in almost every other area in which we are providing services to a segment of the business community, and it is my view that we should be moving in this direction as far as the Animal Damage Control Program is concerned. In previous legislation the Congress has indicated that there are preferred ways to carry out this operation and they do not require the extensive use of the kinds of traps, snares, poisons, aerial hunting, and other things that are going on today under the name of controlling animal damage. There are more effective ways, and the Congress has directed that these be used. We have GAO reports that the ADC has been using these methods that I [[Page H6195]] have described in essentially all instances, despite the Department's written policies and procedures which call for preference to be given to nonlethal methods. Now I confess that I am an unabashed animal lover and like to protect their lives where possible, and I think in this case we can achieve the control of predator damage by the use of nonlethal technologies, and that we can do it cheaper and we can distribute the costs of doing this in a more equitable fashion by levying fees which would be levied on the people who get the benefit from the program. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming [Mrs. Cubin]. Mrs. CUBIN. Mr. Chairman, I rise in opposition to the pending amendment which would reduce funding to the Animal Damage Control Program. Mr. Chairman, I think that this amendment is at the very best uninformed, and possibly at the worst, mean-spirited. When we talk about predators, we are not talking only about coyotes, we are talking about the wolf which has been introduced into Wyoming, into my State, which is an endangered species. The grizzly bear is an endangered species. Eagles and hawks, many of them are endangered species. We do not have any right or any will to kill these predators, and we cannot legally do that to protect our livestock. I believe in predator control, but when an endangered animal, an endangered species kills some livestock, the only way that the owner of that livestock can get compensated is through the Animal Damage Control Program. {time} 1130 I would suggest that, if the gentleman who offered the amendment had a dog that was worth $10,000 and this dog was in his very own yard, and there are bulls that are worth that much, much more than $10,000, but this dog was in its very own yard and my dog went over and killed his dog, then he would say that I ought to be responsible to pay him back for the value of his dog. This is all this predator control program does. If a species or if a predator, including an endangered species, kills a cow, a bull, a sheep, whatever, all we are asking is that a portion, a very small portion of the value of that livestock be given back to the owner of the livestock. That is what we are asking. This is not a subsidy. It is merely paying someone for a small portion of what is rightfully theirs. The animal loss in the livestock industry is enormous, as the gentleman from Oregon [Mr. Cooley] stated earlier. Aside from the livestock issues, there have also been wildlife losses, not just in Wyoming but in Oregon and across the western United States, due to predation. It is the livestock producers who, by controlling predators, who keep the burgeoning numbers of coyotes, foxes, mountain lions, and brown bears down, who have provided the most protection for wildlife, which are preyed upon by these same destructive animals. The Animal Defense Control Program is the last line of defense for the wildlife that we enjoy and that everyone wants to preserve in our State. If Members have any real interest in protecting wildlife, they will vote against this amendment, because the ranchers and the livestock growers are the ones who are helping control the predators, and they need the animal control money to enable them to do that. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The issue here is a subsidy, subsidy. That side of the aisle is consistently against government programs and subsidies except when it goes to their own parochial interests. This bill does nothing, nothing to prevent predator control by individuals, by counties, by States. As I said previously, when I was a county commissioner, we canceled the predator control program, walked away from the Federal match. They engaged in private predator control, and the losses did not go up. But that is the issue here. Will we continue a $13.4 million subsidy to a selected few of the livestock producers in the Western United States? As I stated earlier, yes, the losses are largely due to predation. Almost 3 percent of the losses last year were due to predation. The other 97 percent were due to a number of causes, some of which are not preventable, like weather, but others which could be preventable with research, like respiratory problems, 27 percent; digestive problems, 25 percent. Fifty-two percent of the losses in this industry were due to respiratory and digestive problems. Maybe we should invest this money in our veterinary schools. Maybe we should invest it in a vaccination program for livestock. I do not know. But there would be a heck of a lot better return than the 3 percent that was due to predation. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 4 minutes to the gentleman from Texas [Mr. Bonilla]. Mr. BONILLA. Mr. Chairman, I thank my friend from New Mexico for yielding time to me. Mr. Chairman, I rise in strong opposition to the DeFazio amendment. It is bad news, it is bad news for agriculture. It is bad news for consumers. It is bad news for the environment. And it is bad news for America's children. Here is the bad news the DeFazio amendment has for agriculture. In 1994, 520,000 sheep and lamb were killed by predators, direct losses to agriculture from wildlife damage totaled $461 million. The DeFazio amendment says too bad, so sad, let us increase these losses. The DeFazio amendment would cut animal damage control that is essential for the continued viability for many American ranches already battered by the drought. Let us not forget about the drought. The DeFazio amendment would punish these ranchers with increased losses. My friends, that is wrong, it is just plain wrong. Here is the bad news the DeFazio amendment has for consumers. Higher grocery bills are on the way for millions of American families struggling to make ends meet. These higher costs are courtesy of the DeFazio amendment which will increase predator damage and reduce supply. At the same time, ADC plays a vital role in the safety of millions of air travelers. By 1991, 635 airports participated in the ADC program. The importance was illuminated when a bird strike at Kennedy Airport in New York caused severe damage to a plane and, more importantly, threatened the lives of 300 passengers. The DeFazio amendment says so sad, too bad, we should accept this level of risk. That is wrong. It is plain wrong. We should reject this amendment for that reason as well. Here is bad news the DeFazio amendment has for the environment. ADC activities protect threatened and endangered species from predators. The black footed ferret, the San Joaquin kit fox, the desert tortoise, the Aleutian Canadian goose might well be extinct were it not for ADC protection from predators. The DeFazio amendment says too bad, so sad, we may as well terminate these species. That is wrong, plain wrong, another reason to reject this amendment. Finally, and most troubling, the DeFazio amendment delivers bad news to America's children. Rabies is rearing its horrifying face across America. Between 1988 and 1992, rabies cases have doubled. New York reported 1,761 new cases, while 640 of my fellow Texans were treated for rabies. Predators also directly threaten our youth. In Los Angeles, a 3-year-old girl was killed in her front yard by a coyote. ADC fights these threats. The DeFazio amendment tells us not to worry about the predator threat. It is not important, too bad, so sad. This is wrong. We should reject the DeFazio amendment. If we care about either agriculture, consumers, the environment or children, we should stand strong and reject the DeFazio amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The gentleman should read the amendment before he rises with such extraordinary charges that the amendment will be responsible for the collapse of American democracy and the final victory of the totalitarian Soviet state, which I think was part of the statement there. It has exceptions for human health and safety. It has exceptions for endangered or threatened species. The endangered, threatened species are often dealt with in a better manner by fish [[Page H6196]] and wildlife, who has a line item in their budget. All this does is eliminate a subsidy for a ridiculous anachronistic program first implemented in 1931 that has no discernible impact. It has had an impact, and it is inadvertent, against nontarget species, poisoning of nontarget species, the destruction of predators which, like coyotes, in many cases prey on rodents or on groundhogs and gophers and things which cause problems with pastures and with horses breaking their legs. So the gentleman, by killing coyotes, is responsible for people whose horses have put their legs in gopher holes, broken them, fallen and then been killed. I will not make that charge, but his charges were equally irresponsible. This is an absurd subsidy to a selected few, a very small percentage of privileged western livestock producers. It is something that if they need, they can contract for themselves without a subsidy from the U.S. taxpayers to continue this ineffective and indiscriminate program. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Stenholm]. Mr. STENHOLM. Mr. Chairman, I rise in opposition to this amendment. I have listened attentively to much of the debate. I think that the proponent of this amendment is completely overlooking the reason why some of us believe that it is a good program. If you have ever talked to a rancher that has lost 200, 300, 400, or 500 kid goats, baby goats just born, if you have talked to ranchers that have lost 200 or 300 or 400 baby lambs that have just been born, then the 3-percent figure in the Nation makes no sense whatsoever to that individual. This program is designed to take care of a problem. When there is no problem, when you do not have an undue number of coyotes or other predator animals in an area, you do not have a program. But when you do have one, and it becomes a problem, then you have a need for a program, and it does not just benefit the rancher. Living in my part of the country today, as my friend and neighbor from San Antonio just pointed out, rabies, we have a serious problem that we are trying to contain and control. It is spread by coyotes and bobcats. And it is a problem that is now coming within the city limits of some of our towns in the southern part of Texas. This program, as it is designed, is designed to be a responsible way to deal with problems like this. So I would hope that my colleagues, both sides of the aisle, would not support this amendment. It does nothing other than create some tremendous economic problems for certain ranchers, and it is not just in the far west, it is in Texas, it is in Oklahoma, it is in New Mexico, in all areas in which you have for whatever reason a problem with predatory animals. I would hope that Members would not support this amendment. I think the committee has done a very responsible job. They have had a difficult time with the amount of moneys available. They have put the moneys where they believe is in the best and highest priority. I believe that it is something that almost every one of us can find a way to justify and support. The CHAIRMAN pro tempore (Mr. Linder). The gentleman from New Mexico [Mr. Skeen] has 3\1/2\ minutes remaining and has the right to close, and the gentleman from Oregon [Mr. DeFazio] has 2 minutes remaining. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have had a lot of red herrings drug across the floor here. Rabies is not affected by this amendment. Human health and safety activities are totally exempt. Whether it is rabid animals or problem animals, those things can still be taken care of by ADC. We have heard about environmental concerns from the other side. I am pleased to finally hear environmental concerns from the other side from the gentleman from Texas, maybe not a first but definitely somewhat unprecedented. We accommodate endangered and threatened species in this amendment. It does not affect control efforts that deal with the preservation or safety of endangered or threatened species. Quite simply, the amendment goes to the heart of this issue, which is, should the U.S. taxpayers subsidize a program of poisoning, baiting, killing, shooting from airplanes and others of predator species that may or may not be a particular problem, should they continue to avoid their mandate that they use other controls, should we spend $14 million doing this? Maybe we should go out and have a Federal program to acquire dogs. We could buy Great Pyrenees, kuvasz, Komondors, Bouvier des Flandres. You can get a heck of a lot of them for $14 million, and if they live 10 years, we would not have to spend any more money. The issue is, many ranchers have become dependent upon practices that are not the most prudent practices, to have calving or birthing of lambs in areas that are problem areas without any herders present, without themselves being present. As we saw earlier, actually more of the livestock die with calving problems, 17 percent, than with the predation problems, 3 percent. But in any case, they are saying we need this program. If they need the program, they should pay for it themselves. They should go to their county or State, have the county or State pay for it. It is time to put this Federal anachronism to bed. At a time when we are cutting back on every other program here in order to get to a balanced budget, we should no longer subsidize the indiscriminate killing by the animal disease control people and we should continue in the areas of health, safety, airports, and endangered species. Mr. SKEEN. Mr. Chairman, I yield myself the balance of my time. Let me say to the gentleman, who is existing in oblivious and euphoric unawareness, that is the closest I can come to being real kind about this issue, I understand his problem. He feels so good that he is cutting money. Let me say to the gentleman, by cutting funding for the program there will not be any personnel available to take care of the health and safety issues that he is espousing because that is built into the program. {time} 1145 I ask the Members to vote ``no'' on this issue. Let us go back a little bit in history. We had the perfect answer to the kind of predatory control in the United States at one time with the formula known as 1080. It did not cost near as much as it does for the program that we have today because it took care of the problem. It was benign and it was species-specific. But, no, the animal rights people decided that this was a lethal method that was objectionable to them, and we did away with it, we banned, the use of 1080 in Western ranges. So they came up with this program, and it is a participation program in which ranchers, farmers, and others put up money, that is to some degree, matching the Federal funding that is involved. Yes, we want to cut the budget, and how, but we need to take care of a problem that is so onerous and so critical to those people who are livestock raisers and grazers. The are not being subsidized. They are paying their part because they have to spend enormous amounts of time checking traps and doing whatever they do to keep their predator control situation under absolute control. So I say to the gentleman, ``Get out of the county courthouse that you were sitting in so comfortable; get out there and live with a family for a little while that has a predator problem so that you actually understand what predator control means.'' This program also assists those who have trouble going in and out of airports with huge flocks of birds that fly through jet engines and things of that kind. We are using a mental approach and a research approach to solving that problem; lethal means, are used as a last resort. I agree with the gentleman that there ought to be a better system. We had a better system at one time, but it was not looked upon with great favor. In our great wisdom we banned it by executive decree, and I think that was a horrible mistake. So I say to the gentleman and to those who are interested in this particular thing that I sure would appreciate a ``no'' vote because I think it has a devastating effect, and the gentleman, giving him all due credit, does not know what he is talking about. [[Page H6197]] Mr. Chairman, I yield back the balance of my time. Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment. Currently, the Federal Government spends $27 million on the Animal Damage Control Program. Various activities covered under this program include prevention of the spread of rabies and control of bird flocks near airports. I strongly support these programs because they protect human health and safety. However, there are other activities within the ADC program which serve as an unnecessary subsidy to livestock producers. By the Federal Government paying for predator control, livestock owners are not encouraged to deter predators and improve the protection of their herds. By leaving newborn calves and lambs in fields far from the protection of the barn, livstock producers are enticing animals such as wolves, mountain lions, and foxes to prey on this young stock. In addition, the Department of Agriculture is already authorized to levy fees for predator control services but will not do so while the Federal government continues to pay the bills. By cutting this program in half, we will focus the remaining money on the more beneficial programs that protect human health and safety. In these times of budgetary constraints, supporting this amendment will save taxpayer money and provide an incentive for livestock producers to take responsibility for protecting their herds. Mr. FAZIO of California. Mr. Chairman, I rise in opposition to the DeFazio amendment, which would reduce funds for the Animal Damage Control Program of the Animal and Plant Health Inspection Service. This is not a well-known program, but it is an important program for California and the United States. ADC's activities range from preventing bird strikes to aircraft at JFK International Airport in New York, to seeking solutions to the severe problem of canine rabies in Texas, to protecting threatened and endangered species in California. In California, ADC has worked with the U.S. Fish and Wildlife Service to protect the western snowy plover, the California clapper rail, the desert tortoise, and the California least tern. In addition, ADC works with ranchers and grazers to prevent losses due to predation. Losses of sheep and goats due to predation averages approximately $24 million a year. Cattle losses due to predation average approximately $40 million annually. In the absence of an operational ADC program, these losses will increase dramatically. The effect of the DeFazio amendment would be significant and devastating. Seven ADC States offices would be closed, including the gentleman's home State and six other Western States. Twenty ADC district offices will close from Wisconsin to my home State of California. Approximately 200 field positions would be subject to reduction-in-force. Matching cooperative would decrease by 50 percent-- amounting to a $10 million loss in cooperative funding. In short, this is an effective program throughout the United States, and this amendment would severely reduce its effectiveness. I urge my colleagues to oppose the DeFazio amendment. The CHAIRMAN pro tempore (Mr. Linder). The question is on the amendment offered by the gentleman from Oregon [Mr. DeFazio]. The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. recorded vote Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 139, noes 279, not voting 16, as follows: [Roll No. 230] AYES--139 Abercrombie Ackerman Andrews Barrett (WI) Becerra Beilenson Berman Bilbray Bilirakis Blumenauer Blute Bonior Borski Brown (CA) Brown (OH) Bryant (TX) Cardin Castle Chabot Chrysler Coburn Cox Coyne Cummings DeFazio DeLauro Dellums Deutsch Dingell Dixon Doggett Doyle Duncan Ehlers Engel English Eshoo Farr Fawell Filner Flanagan Foglietta Fox Frank (MA) Furse Gejdenson Gephardt Gilchrest Goss Gutierrez Gutknecht Hall (OH) Harman Hinchey Hoekstra Jackson (IL) Johnston Kelly Kennedy (MA) Kennedy (RI) Kennelly Kleczka Klink Klug LaFalce Lantos Levin Lewis (GA) Lipinski Lowey Luther Maloney Manzullo Markey Matsui McCarthy McDermott McHale McKinney McNulty Meehan Meek Menendez Meyers Millender-McDonald Miller (CA) Miller (FL) Mink Moakley Morella Nadler Neal Neumann Obey Olver Owens Payne (NJ) Pelosi Petri Porter Rahall Ramstad Rangel Reed Rivers Roemer Rohrabacher Roth Roukema Roybal-Allard Royce Sabo Sanders Sanford Scarborough Schroeder Schumer Sensenbrenner Serrano Shays Slaughter Smith (NJ) Stark Stearns Stockman Studds Stupak Taylor (MS) Torres Towns Upton Velazquez Vento Wamp Waters Waxman Woolsey Yates Zimmer NOES--279 Allard Archer Armey Bachus Baesler Baker (CA) Baker (LA) Baldacci Ballenger Barcia Barr Barrett (NE) Bartlett Barton Bateman Bentsen Bereuter Bevill Bishop Bliley Boehlert Boehner Bonilla Bono Boucher Brewster Browder Brown (FL) Brownback Bryant (TN) Bunn Bunning Burr Burton Buyer Callahan Camp Campbell Canady Chambliss Chenoweth Christensen Clay Clayton Clement Clinger Coble Coleman Collins (GA) Collins (IL) Collins (MI) Combest Condit Cooley Costello Cramer Crane Crapo Cremeans Cubin Cunningham Danner Davis de la Garza Deal DeLay Diaz-Balart Dickey Dicks Dooley Doolittle Dornan Dreier Dunn Durbin Edwards Ehrlich Ensign Evans Everett Ewing Fattah Fazio Fields (LA) Fields (TX) Flake Foley Forbes Ford Fowler Franks (CT) Franks (NJ) Frisa Frost Funderburk Gallegly Ganske Gekas Geren Gibbons Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Hall (TX) Hamilton Hancock Hansen Hastert Hastings (FL) Hastings (WA) Hayes Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hobson Hoke Holden Horn Hostettler Houghton Hoyer Hunter Hutchinson Hyde Istook Jackson-Lee (TX) Jacobs Jefferson Johnson (CT) Johnson (SD) Johnson, E. B. Johnson, Sam Jones Kanjorski Kaptur Kasich Kildee Kim King Kingston Knollenberg Kolbe LaHood Largent Latham LaTourette Laughlin Lazio Leach Lewis (KY) Lightfoot Linder Livingston LoBiondo Lofgren Longley Lucas Manton Martinez Mascara McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Minge Molinari Mollohan Montgomery Moorhead Murtha Myers Myrick Nethercutt Ney Norwood Nussle Oberstar Ortiz Orton Oxley Packard Pallone Parker Pastor Paxon Payne (VA) Peterson (FL) Peterson (MN) Pickett Pombo Pomeroy Portman Poshard Quillen Quinn Radanovich Regula Richardson Riggs Roberts Rogers Ros-Lehtinen Rose Rush Salmon Sawyer Saxton Schaefer Scott Seastrand Shadegg Shaw Shuster Sisisky Skaggs Skeen Skelton Smith (MI) Smith (TX) Smith (WA) Solomon Souder Spence Spratt Stenholm Stokes Stump Talent Tanner Tate Tauzin Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torricelli Traficant Visclosky Volkmer Vucanovich Walker Walsh Ward Watt (NC) Watts (OK) Weldon (FL) Weldon (PA) Weller White Whitfield Wicker Williams Wilson Wise Wolf Wynn Young (AK) Young (FL) Zeliff NOT VOTING--16 Bass Calvert Chapman Clyburn Conyers Emerson Frelinghuysen Gillmor Inglis Lewis (CA) Lincoln Martini McDade Moran Pryce Schiff {time} 1207 Messrs. KILDEE, FATTAH, and ROSE changed their vote from ``aye'' to ``no.'' Mrs. KENNELLY, Mrs. MEEK of Florida, and Messrs. COX of California, BILBRAY, SCHUMER, LEWIS of Georgia, and NEUMANN changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. personal explanation Mr. MORAN. Mr. Chairman, during rollcall vote No. 230 on H.R. 3603 I was unavoidably detained. Had I been present, I would have voted ``aye.'' personal explanation Mr. MARTINI. Mr. Chairman, this morning during rollcall votes 229 and 230 I was unavoidably detained. Had I been present, I [[Page H6198]] would have voted ``aye'' on rollcall vote No. 229, and ``nay'' on rollcall vote No. 230. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer amendment No. 1. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes, and that the time be equally divided. The CHAIRMAN pro temprore. Is there objection to the request of the gentleman from New Mexico? Mr. KENNEDY of Massachusetts. Mr. Chairman, reserving the right to object, I would ask the gentleman, did he request 10 minutes? Mr. SKEEN. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from New Mexico. Mr. SKEEN. Yes, 10 minutes. Mr. KENNEDY of Massachusetts. Five and five? Mr. SKEEN. Five and five, yes. Mr. KENNEDY of Massachusetts. Mr. Chairman, that is fine with me, and I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each be recognized for 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think many people that saw the news yesterday that Seagrams Liquor Co. is now going to begin advertising directly hard liquor on television, were shocked at that development. In a country that currently is involved in a situation in the United States of America where the No. 1 killer of people under the age of 24 in this country is alcohol and alcohol-related deaths, when we spend $15 billion a year of taxpayer funds to fight the war on drugs, and yet we have the singly most abused drug in this country, alcohol, now killing many, many more Americans than all other drugs combined, we have a tragedy on our hands. We have spent time and time again debating on this floor the need to cut back programs that provide for the education of our children, that provide for the research and development of our country, that provide for the health care of our senior citizens. But in this bill is a hidden subsidy worth millions and millions of dollars to advertise some of the most profitable alcoholic beverages abroad. It is a shame and it is a scam. It ought to come to a stop. In this Market Access Program, we will be spending millions of dollars to advertise Ernest and Julio Gallo, the richest winemakers in the world, who receive $25 million worth of United States taxpayer money to advertise its wine and brandy in Thailand, the Philippines, Canada, and England. Jim Beam got over $2.5 million to push its whiskey abroad. Other whiskey giants like Hiram Walker and Brown-Forman profited from the Market Access Program. The MAP program adds insult to injury by asking the taxpayers to foot the bill of the world's largest foreign alcohol giants. We actually spend money subsidizing Seagrams, the very company that has gone on television yesterday to advertise its hard liquor, we are now subsidizing that Canadian company with United States taxpayer dollars to advertise their products abroad. This is a scandal that ought to come to an end. Mr. Chairman, I would just suggest to the Congress of the United States that it is about time that if we are going to stand up to the senior citizens and tell them we spend too much money on their health care, if we are going to stand up to kids and tell them we spend too much money on their education, if we are going to stand up to the poor and vulnerable and tell them we spend too much money on poverty programs, then we can stand up to the biggest alcohol producers, the biggest winemakers in the world and tell them we are sick and tired of using taxpayers' money to subsidize their profits. {time} 1215 If they want to advertise their alcohol products abroad, let them do it with their own money. Let them stay out of the taxpayer's back pocket. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. I thank the gentleman for yielding time. Mr. Chairman, let me see if I can shed some light on this subject. We are talking about helping export American agricultural products under this program. I am specifically talking about small wine grape growers, most of whom market their products through several large wineries. This is an amendment to help small agriculture. Remember, the European Union spends more on the export promotion of wine than the United States spends promoting all of our agricultural products. They do a great deal to help their growers promote their foreign sales. The European Community wine industries are heavily subsidized to the tune of $1.5 billion, which includes $90 million alone for export promotion. That is the total amount provided for all of agriculture in this bill, if it is not reduced or eliminated. Other countries do even more than the European Union. The Italian Government through its trade commission is funding an additional $25 million for Italian wines alone. So when it comes to the wine industry, the MAP program that we are now debating is a program that helps small business, not visit the giant wineries, not only the names that we have heard bandied about here on the floor. In fact in 1994, for example, 101 wineries participated and 89 of them were small wineries. So there is no question that this is not a subsidy simply to big agriculture or big vintners. We are not talking about people who are purveying distilled spirits. This is wine, a product that we lead not only this hemisphere but this world in the production of a quality product. MAP promotes independent businesses. It is important that 90 percent of the small wine grape growers in this country be given an opportunity to be part of an export promotion program. This amendment would put an end to it. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. FAZIO of California. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. Chairman, I would just like to suggest to the gentleman that if he reads the fine print of this legislation, what he will find is there is a big gap. The gap says that they can put money through the association. It is through those associations that then launder the taxpayers' dollars that then go into the pockets of the biggest wineries in the United States. Ernest and Julio, et cetera. Mr. FAZIO of California. If I could reclaim my time, the people who are involved in this program are putting up half the money. This is not all Government money. Half the money comes from the private sector, both from the wine grape growers through their association and those who make wine and help market the product. This is a program that works for all elements of one of our most successful agricultural industries. If we want to be successful in getting down our trade imbalance, if we want to help small growers, we ought to continue to support this very modest program, which is all we can afford at the present time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. Nethercutt]. Mr. NETHERCUTT. I thank the chairman of the subcommittee for yielding time. [[Page H6199]] Mr. Chairman, I think we have to keep in mind in this debate with respect to the Kennedy amendment that this program helps small farmers. This helps small farmers out in Washington State who, I might say to my friend from California, make the best wine in the world. But also I want the gentleman from Massachusetts to understand that the USDA directs the Market Access Program to small businesses, small farms, small wineries. I do not think we want to cede our industry to the European winemakers. That is what we are really doing here. We are developing a program that allows our Government to contribute some money to competition, unfair competition in my judgment, from foreign governments who assist their winemakers for shelf space. That is really what we are doing. What we are doing is developing a program that allows our products in this country to have some shelf space in foreign markets. That means jobs to Americans. That means jobs to people in my district, small wineries. I urge the rejection of this amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think it is interesting to note that people are talking about how this program assists small vintners. I would anticipate after a vote on this amendment, Mr. Chairman, offering a follow-up amendment that would simply limit the subsidy program to go only to small vintners. As long as the gentlemen that talked so heartily about the need to assist those small vintners would put their vote where their mouth is, I think we might be able to work out a compromise on the underlying issue about whether or not the program should go directly to those small businesses. My true feeling, and I know that the gentleman from Utah [Mr. Hansen] has offered this amendment with me in the past, I wish he was here--I do not think he expected the amendment to come up quite so quickly--is that we do not believe that the U.S. Government ought to be involved in subsidizing alcohol products abroad. That is the fundamental question that is involved with this debate. It is fundamentally, I think, wrong for us to tell people that we do not have money in the coffers of the Federal Government to provide for the health care and the education of our people, but we do have money in the coffers to be able to subsidize alcohol advertising for some of the richest companies in America abroad. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from California [Mr. Farr]. Mr. FARR of California Mr. Chairman, I say to the last speaker, Wake up. We turn on the television set, we see Colombia's Juan Valdez selling us coffee. We see Mexico selling us Corona beer. This is a global market. If we want people to buy American, then we have to tell them what is American. This is a program that requires that the Government match by private funds to advertise and to promote these products abroad. If we are indeed going to sell our products grown in America abroad, we are going to have to maintain this program. I urge a ``no'' vote on the amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time remains on each side? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts and the gentleman from New Mexico each have 30 seconds remaining, and the gentleman from New Mexico [Mr. Skeen] has the right to close. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, I cannot believe that we are hearing Members of Congress that normally speak out so strongly against corporate subsidies and say that is how we ought to balance the budget, all of a sudden switching when it comes to a corporate subsidy that happens to go to the wine industry. Let us listen to Edward Nervo of the Famiglia Nervo Vines and Wines in Sonoma County, CA, who has written to me and said, ``With corporate welfare programs like these, no wonder the biggies get bigger and the small fry end up in the frying pan.'' Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the gentleman from California [Mr. Riggs]. Mr. RIGGS. I thank my distinguished chairman for yielding time. Mr. Chairman, let me just say, first of all, the 5 largest recipients of market access promotion funds purchase over 90 percent of their grapes from small independent grape growers. This is a program that is working. It is a public-private partnership that has been improved by the Congress over the last few years. I just want to remind my colleagues that this same amendment went down to defeat in this House last year on a vote of 268 to 130. The American wine industry and the farmers who depend on that industry need our help to again defeat the Kennedy amendment. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The amendment was rejected. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages unless it is made known to the Federal official having authority to obligate or expend such funds the the promotion activities benefit a small-business concern. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes and that the time be equally divided. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each control 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to commend the chairman of the committee along with my good friend from Illinois, Mr. Durbin, for some language that they inserted in the ag bill last year as a result of the same debate that just took place on the House floor. I shall read what those changes are: The funds shall not be used to provide direct assistance to any nonprofit corporation that is not recognized as a small business concern described in section A of the Small Business Act. Secondly, a cooperative; or, third, an association described in the first section of the Act. Essentially what that is attempting to do is to reform this act so that the big subsidies do not go to the big companies, Seagrams, Ernest and Julio Gallo and the other major vintners and major producers of alcohol that have, I think, very unfairly skimmed money from the American taxpayer while they are making millions and millions of dollars in their exports. The language of this amendment very simply suggests that while what is really occurring is through this trade association loophole, the money is now being funneled through to trade associations and then the trade associations redistribute it to the very big companies. I had a long talk last evening with the Department of Agriculture about this loophole that is contained in the law. All that this amendment would do would be to extend the small business criteria to any funds that get funneled through the trade association to make sure that the concerns of my good friend from California, who is so very worried about those small vintners, will actually make sure the money goes to those small vintners. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Dooley]. [[Page H6200]] Mr. DOOLEY. Mr. Chairman, I rise in strong opposition to this amendment. What the market Assistance Program is all about is trying to ensure that U.S. farmers get their fair share of expanding export markets. What the gentleman from Massachusetts [Mr. Kennedy] is trying to do now is define a different criteria and that we try to say that only small businesses are going to be involved in achieving those expanded markets. As a farmer and as any grape farmer or wine grape grower out there will say, what is important is to increase the sales of wine. What is important is to assure that U.S. wineries have a fair playing field when they take on the European Union and the 6-to-1 advantage that they have in export promotion over U.S. wineries. What we would be doing in this case if we limit the money on where it goes, we would be saying to that small grower who is growing grapes that is selling them to a larger winery that they are not ever going to benefit from the Market Assistance Program. We would be saying to that winery out there and that winery who might be owned by an individual that might be farming 10,000 acres but has his own winery that he is going to benefit from the Market Assistance Program. That is not fair. What we are trying to do is to ensure that that average wine grape grower in California, or other parts of the country, that grows less than 100 acres of wine that they will have a tool that will ensure that U.S. wine will be at a competitive advantage or have a fair playing field when we take on the winemakers and the wine grape growers of the European Union. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. DOOLEY. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Does the gentleman really believe that we should be providing Government tax subsidies to the richest companies in the U.S. regardless of what their profit lines are? Mr. DOOLEY. Reclaiming my time, what the issue is is that the U.S. farmer have fair access. In a perfect world if the European Union were not spending six times the amount that the U.S. Government was to provide exports, then we would not need this program. But if we want to ensure that the U.S. farmer has a level playing field, this Government needs to stand behind them, and that is what the Market Assistance Program does. Mr. KENNEDY of Massachusetts. May I inquire of the Chair how much time remains on each side? The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] has 3 minutes remaining and the gentleman from New Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would just like to suggest that I do think that we ought to have some kind of test in this program as to whether or not companies who are making tens of millions of dollars worth of profit and then coming in and reaching into the back pocket of the taxpayer and asking us to subsidize them when they are already making all these dollars. {time} 1230 The real question is whether we should be promoting alcohol products abroad to begin with, but if we are to do it and we have to do it because the Europeans are subsidizing their industry, I say fine, but let us not go out and needlessly line the pockets of companies that are already making tens of millions of dollars' worth of profits. Come on, Congress of the United States, stand up to the wine lobby. That is what this is all about. Just for once say to the wine lobby, look, we will accept that we are going to help out the little guy, but let us not go out there and line the pockets of the richest wine companies. These are people that for all the time have gone out and gotten all the farm workers picking the grapes and all the rest of it. They make plenty of profits. Let us stand up to them, for crying out loud. Have a little heart, have a little soul, and stand up to the big boys every once in a while. It is good for the soul. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. Mr. Chairman, first of all, I would say to the gentleman from Massachusetts that the Department of Agriculture and the Department of Health and Human Services say that a little wine in each individuals' daily diet is healthy for them. So exporting wine is something we should not be ashamed of. We should be proud of it, and we should be out there competing with the rest of the world. But the point the gentleman does not get is that we are talking about small growers who own 30, 40, or 50 acres. They are not the ones who make wine and send it overseas. They have to have a winery buy their product. We are trying to help, as the gentleman from California [Mr. Riggs] said, 90 percent of the small grape growers in this country to find a home for their product. They will find it in many cases domestically but we are expanding our international markets, and we are doing it with a cooperative program that is shared between those who profit and the taxpayer who profits even more by a modest investment in terms of income producing tax paying jobs. And I can tell the gentleman, in this MAP Program we get back $16 in agricultural exports for every dollar that we spend. So please understand we are talking about small farmers here and a benefit for taxpayers as well. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time do I have remaining? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts [Mr. Kennedy] has 2 minutes remaining and the gentleman from new Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I want to address my comments to my good friend from California, Mr. Fazio. The truth is that all this amendment does is limit it to small businesses. All we are saying is if the gentleman is truly concerned about small businesses and the small vendor, then he should be supportive of this amendment. This amendment simply says that the trade association funding can only go to businesses that will qualify under the Small Business Act as small business. Instead of the big boys, the little guy. Mr. FAZIO of California. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from California. Mr. FAZIO of California. Mr. Chairman, I would note, as the gentleman from California [Mr. Dooley] said, a winery may be called a small business but 90 percent of the grapes grown by farmers move through the five largest wineries. So the gentleman is not helping the grower if he makes this distinction. He is trying to do something that is a worthy cause, but he is missing by a mile. Mr. KENNEDY of Massachusetts. Mr. Chairman, reclaiming my time, the truth of the matter is, if these people are part of a trade association they still have access. What this bill does is limit the ability of the trade associations to go about providing big subsidies to the biggest wine companies. It does not, in fact, stop us from providing small businesses with the ability to gain access to the program. I think the whole program is crazy, but I think it is even crazier to suggest that what we will do is continue to skip a loophole open that provides all this money to go to the biggest companies in the country. Mr. FAZIO of California. Mr. Chairman, if the gentleman will continue to yield, the craziest thing we could do would be to eliminate 90 percent of the wine grape growers, who are small farmers. They do not make wine and do not export it. They need private sector help to do it. and this program provides the partnership to do it. Mr. KENNEDY of Massachusetts. Mr. Chairman, the truth of the matter is, this will have absolutely no impact. And if the gentleman talks to people seriously about the impact of this whole MAP program, it will not have a penny's worth of difference in terms of what the actual sales are. The gentleman and I both know we can produce wine. People want to buy the wine and will produce the wine, and it has nothing to do with the small amount of subsidies that end up going into this program. It is the principle of the fact that we are providing taxpayer [[Page H6201]] dollars, millions and millions of dollars worth of taxpayer funds, that go into the back pocket of the biggest companies. That is a scam and a scandal that ought to be dealt with. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Riggs], the remainder of my time. Mr. RIGGS. Mr. Chairman, I wish the gentleman from Massachusetts could devote so much time and energy to helping us address the competitive and trade disadvantage that our wine exports have against Chilean and European wines. But the gentleman was correct when he said last year in conference we restructured the MPP, now known as the Market Access Program, to restrict direct participation of for-profit corporations that are not small businesses while requiring a direct match from any small business that participates in this program. These reforms should silence this unwarranted criticism of the Market Access Program. The accusations that corporations are advertising products at taxpayers expense are simply not true. The primary emphasis of this program, as has been pointed out repeatedly over the last few minutes of debate, is toward the small family farmer. Historically, 60 percent of market access promotion funds have gone to generic advertising; the remaining 40 percent is allocated to brand promotion, with priority again given to small entities. I quote from the act: In addition, a sizable number of large corporations receiving market access promotion moneys are actually grower cooperatives. All benefits those organizations derive from brand assistance under this program are directly returned to their grower members, who themselves tend to be small and medium sized operations. Mr. WARD. Mr. Chairman, will the gentleman yield? Mr. RIGGS. I yield to the gentleman from Kentucky. (Mr. WARD asked and was given permission to revise and extend his remarks.) Mr. WARD. Mr. Chairman, I rise in opposition to the amendment. Mr. RIGGS. Mr. Chairman, I wanted to conclude by saying the Market Access Program is not corporate welfare; it is a valuable resource for America's small farmers to compete in highly restrictive foreign markets. In fact, this program is pro-trade, pro-growth, and pro-jobs. Ms. WOOLSEY. Mr. Chairman, although I have the utmost respect for the gentleman from Massachusetts, unfortunately, I must rise in strong opposition to this amendment. I must do so because this amendment directly and unfairly targets my constituents in Sonoma and Marin Counties, CA, who produce some of the world's finest wine. If this amendment passes, however, their world- famous wine would no longer be able to compete in the world market. This amendment would devastate the small wine producers in my district, who rely upon Federal export assistance to enter and compete in the global marketplace. Unlike Europe and South America, U.S. wine producers receive no production subsidies whatsoever. Furthermore, our competitors outspend the United States in export subsidies by more than 6 to 1! Mr. Chairman, small California wineries cannot compete in such a lopsided marketplace without some assistance. And let there be no mistake, this amendment targets small, family-owned businesses--89 out of 101 wineries that participate in the Market Access Program are small wineries. The Kennedy amendment takes this critical assistance away from small wine producers and, in doing so, It takes away jobs; it takes away trade; and, it takes away fairness. Mr. Chairman, we should be working today to help export California wine, Not California's jobs. Vote ``no'' on the Kennedy amendment. The CHAIRMAN pro tempore. All time for debate has expired. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. KENNEDY of Massachusetts. Mr. Chairman, I demand a recorded vote, and pending that, I make a point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to the rule, further proceedings on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy] will be postponed. The point of no quorum is considered withdrawn. The Chairman pro tempore. Are there further amendments? Amendment Offered by Mr. KOLBE Mr. KOLBE. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kolbe: At the appropriate place in the bill, insert the following new section: Sec. . None of the funds made available in this Act may be used to administer a peanut program that maintains a season average farmers stock price for the 1997 crop of quota peanuts in excess of $640 per ton. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 20 minutes with the time being equally divided and to roll the vote. Mrs. CLAYTON. Mr. Chairman, I object. The CHAIRMAN pro tempore. Objection is heard. The gentleman from Arizona [Mr. Kolbe] is recognized for 5 minutes. Mr. KOLBE. Mr. Chairman, I rise to offer this amendment with the gentlewoman from New York [Mrs. Lowey]. It is an amendment that simply carries out the intent of Congress on the peanut program. The farm bill, the Freedom to Farm Act, made some extremely modest changes to the peanut program. The change that was supposed to benefit consumers was a 10 percent reduction in support prices from $678 to $610. This amendment would ensure that the price of quota peanuts would actually be $610 per ton, as approved in the recently passed farm bill. Now, why is this amendment necessary, if all we are doing is seeking to implement what the farm bill said we were going to do? It is necessary because the Secretary of Agriculture, not without reason, since he represents agricultural interests, has chosen to administer this program in a way that makes sure that peanut prices will continue to stay at previous, much higher levels. The Secretary was able to do this, to keep the peanut pries high, by announcing a national peanut quota production level that is going to be at least 100,000 tons less than the projected domestic demand. In other words, the Government is creating an artificial shortage. Mr. Chairman, what we have is a Government-created artificial shortage of peanuts and, thus, a consequent higher price for peanuts. That is contrary clearly to what we intended to do in the farm bill. At a time when we have a peanut industry that is certainly in a serious state of decline, with peanut consumption dramatically declining over the last 5 years, it does not seem to me that we can afford to let bad government policy excessively inflate the prices for domestic consumers. Inflate the prices, I might add, to what is now double, double, the export price. The domestic price of peanuts is double what our producers get when they sell it into the export markets. In other words, we have this artificially created price. Even at $610 a ton, which we are not going to get to because of this reduction in the quota, U.S. peanuts are 33 percent above the world price of $350 per ton. So this amendment on

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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997
(House of Representatives - June 12, 1996)

Text of this article available as: TXT PDF [Pages H6194-H6236] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997 The Committee resumed its sitting. Mr. SKEEN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon [Mr. Cooley]. Mr. COOLEY. Mr. Chairman, the Animal Damage Control Program represents one of the most efficient and cost-effective programs within the U.S. Department of Agriculture. It benefits the general public as well as the agricultural industry. Without animal damage control, studies have indicated that agriculture's annual losses would total in excess of $1 billion. In 1994 in Oregon alone, the National Agricultural Statistics Service estimated that 4,275 sheep and 15,200 lambs were lost to predators. What kind of signal are we sending to these ranchers? When urban residents are robbed of their private property, they rely on publicly financed services to regain their property. It this a subsidy to private property owners? Is the taking of private property in the East worthy of publicly financed services, while in the West it is not? Mr. Chairman, ranchers are hard-working, tax-paying citizens who contribute mightily to their communities. And the Animal Damage Control Program is a tool they rely on to maintain a successful operation. It should be protected. Oppose the DeFazio amendment. Mr. Chairman, I oppose the DeFazio amendment, and I want to state that predator control is not only a western issue; it is an issue throughout the entire country. I think that we need to retain this program because we retained other predator control programs that pertain to our police protection. This is just another form of that, and we need it. Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Brown]. (Mr. BROWN of California asked and was given permission to revise and extend his remarks.) Mr. BROWN of California. Mr. Chairman, I rise in strong support of the DeFazio amendment that would cut $13.4 million from the fiscal year 1997 budget for animal damage control. Mr. Chairman, I ask the indulgence of my good friend, the chairman of the committee, to understand my position because I hope I understand his. I have a small spread in California. I engage in predator control. I believe in predator control. I will not describe the type of predator control that I use, but I think it is reasonably effective. What I am suggesting here in this effort to cut the budget for animal damage control is that we can do this job more effectively and in a more principled fashion than we do. I believe in strong cooperation on the part of the Government, the Department of Agriculture in this case, to help the farmers, ranchers, and other people of this country. I have demonstrated that time after time. On the other hand, I do not believe in an unnecessary and less than beneficial subsidy that is being used to support this program. As I think we all know, the Department of Agriculture is authorized to levy fees to support this program, but have never used that authority. We move in that direction in almost every other area in which we are providing services to a segment of the business community, and it is my view that we should be moving in this direction as far as the Animal Damage Control Program is concerned. In previous legislation the Congress has indicated that there are preferred ways to carry out this operation and they do not require the extensive use of the kinds of traps, snares, poisons, aerial hunting, and other things that are going on today under the name of controlling animal damage. There are more effective ways, and the Congress has directed that these be used. We have GAO reports that the ADC has been using these methods that I [[Page H6195]] have described in essentially all instances, despite the Department's written policies and procedures which call for preference to be given to nonlethal methods. Now I confess that I am an unabashed animal lover and like to protect their lives where possible, and I think in this case we can achieve the control of predator damage by the use of nonlethal technologies, and that we can do it cheaper and we can distribute the costs of doing this in a more equitable fashion by levying fees which would be levied on the people who get the benefit from the program. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming [Mrs. Cubin]. Mrs. CUBIN. Mr. Chairman, I rise in opposition to the pending amendment which would reduce funding to the Animal Damage Control Program. Mr. Chairman, I think that this amendment is at the very best uninformed, and possibly at the worst, mean-spirited. When we talk about predators, we are not talking only about coyotes, we are talking about the wolf which has been introduced into Wyoming, into my State, which is an endangered species. The grizzly bear is an endangered species. Eagles and hawks, many of them are endangered species. We do not have any right or any will to kill these predators, and we cannot legally do that to protect our livestock. I believe in predator control, but when an endangered animal, an endangered species kills some livestock, the only way that the owner of that livestock can get compensated is through the Animal Damage Control Program. {time} 1130 I would suggest that, if the gentleman who offered the amendment had a dog that was worth $10,000 and this dog was in his very own yard, and there are bulls that are worth that much, much more than $10,000, but this dog was in its very own yard and my dog went over and killed his dog, then he would say that I ought to be responsible to pay him back for the value of his dog. This is all this predator control program does. If a species or if a predator, including an endangered species, kills a cow, a bull, a sheep, whatever, all we are asking is that a portion, a very small portion of the value of that livestock be given back to the owner of the livestock. That is what we are asking. This is not a subsidy. It is merely paying someone for a small portion of what is rightfully theirs. The animal loss in the livestock industry is enormous, as the gentleman from Oregon [Mr. Cooley] stated earlier. Aside from the livestock issues, there have also been wildlife losses, not just in Wyoming but in Oregon and across the western United States, due to predation. It is the livestock producers who, by controlling predators, who keep the burgeoning numbers of coyotes, foxes, mountain lions, and brown bears down, who have provided the most protection for wildlife, which are preyed upon by these same destructive animals. The Animal Defense Control Program is the last line of defense for the wildlife that we enjoy and that everyone wants to preserve in our State. If Members have any real interest in protecting wildlife, they will vote against this amendment, because the ranchers and the livestock growers are the ones who are helping control the predators, and they need the animal control money to enable them to do that. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The issue here is a subsidy, subsidy. That side of the aisle is consistently against government programs and subsidies except when it goes to their own parochial interests. This bill does nothing, nothing to prevent predator control by individuals, by counties, by States. As I said previously, when I was a county commissioner, we canceled the predator control program, walked away from the Federal match. They engaged in private predator control, and the losses did not go up. But that is the issue here. Will we continue a $13.4 million subsidy to a selected few of the livestock producers in the Western United States? As I stated earlier, yes, the losses are largely due to predation. Almost 3 percent of the losses last year were due to predation. The other 97 percent were due to a number of causes, some of which are not preventable, like weather, but others which could be preventable with research, like respiratory problems, 27 percent; digestive problems, 25 percent. Fifty-two percent of the losses in this industry were due to respiratory and digestive problems. Maybe we should invest this money in our veterinary schools. Maybe we should invest it in a vaccination program for livestock. I do not know. But there would be a heck of a lot better return than the 3 percent that was due to predation. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 4 minutes to the gentleman from Texas [Mr. Bonilla]. Mr. BONILLA. Mr. Chairman, I thank my friend from New Mexico for yielding time to me. Mr. Chairman, I rise in strong opposition to the DeFazio amendment. It is bad news, it is bad news for agriculture. It is bad news for consumers. It is bad news for the environment. And it is bad news for America's children. Here is the bad news the DeFazio amendment has for agriculture. In 1994, 520,000 sheep and lamb were killed by predators, direct losses to agriculture from wildlife damage totaled $461 million. The DeFazio amendment says too bad, so sad, let us increase these losses. The DeFazio amendment would cut animal damage control that is essential for the continued viability for many American ranches already battered by the drought. Let us not forget about the drought. The DeFazio amendment would punish these ranchers with increased losses. My friends, that is wrong, it is just plain wrong. Here is the bad news the DeFazio amendment has for consumers. Higher grocery bills are on the way for millions of American families struggling to make ends meet. These higher costs are courtesy of the DeFazio amendment which will increase predator damage and reduce supply. At the same time, ADC plays a vital role in the safety of millions of air travelers. By 1991, 635 airports participated in the ADC program. The importance was illuminated when a bird strike at Kennedy Airport in New York caused severe damage to a plane and, more importantly, threatened the lives of 300 passengers. The DeFazio amendment says so sad, too bad, we should accept this level of risk. That is wrong. It is plain wrong. We should reject this amendment for that reason as well. Here is bad news the DeFazio amendment has for the environment. ADC activities protect threatened and endangered species from predators. The black footed ferret, the San Joaquin kit fox, the desert tortoise, the Aleutian Canadian goose might well be extinct were it not for ADC protection from predators. The DeFazio amendment says too bad, so sad, we may as well terminate these species. That is wrong, plain wrong, another reason to reject this amendment. Finally, and most troubling, the DeFazio amendment delivers bad news to America's children. Rabies is rearing its horrifying face across America. Between 1988 and 1992, rabies cases have doubled. New York reported 1,761 new cases, while 640 of my fellow Texans were treated for rabies. Predators also directly threaten our youth. In Los Angeles, a 3-year-old girl was killed in her front yard by a coyote. ADC fights these threats. The DeFazio amendment tells us not to worry about the predator threat. It is not important, too bad, so sad. This is wrong. We should reject the DeFazio amendment. If we care about either agriculture, consumers, the environment or children, we should stand strong and reject the DeFazio amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The gentleman should read the amendment before he rises with such extraordinary charges that the amendment will be responsible for the collapse of American democracy and the final victory of the totalitarian Soviet state, which I think was part of the statement there. It has exceptions for human health and safety. It has exceptions for endangered or threatened species. The endangered, threatened species are often dealt with in a better manner by fish [[Page H6196]] and wildlife, who has a line item in their budget. All this does is eliminate a subsidy for a ridiculous anachronistic program first implemented in 1931 that has no discernible impact. It has had an impact, and it is inadvertent, against nontarget species, poisoning of nontarget species, the destruction of predators which, like coyotes, in many cases prey on rodents or on groundhogs and gophers and things which cause problems with pastures and with horses breaking their legs. So the gentleman, by killing coyotes, is responsible for people whose horses have put their legs in gopher holes, broken them, fallen and then been killed. I will not make that charge, but his charges were equally irresponsible. This is an absurd subsidy to a selected few, a very small percentage of privileged western livestock producers. It is something that if they need, they can contract for themselves without a subsidy from the U.S. taxpayers to continue this ineffective and indiscriminate program. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Stenholm]. Mr. STENHOLM. Mr. Chairman, I rise in opposition to this amendment. I have listened attentively to much of the debate. I think that the proponent of this amendment is completely overlooking the reason why some of us believe that it is a good program. If you have ever talked to a rancher that has lost 200, 300, 400, or 500 kid goats, baby goats just born, if you have talked to ranchers that have lost 200 or 300 or 400 baby lambs that have just been born, then the 3-percent figure in the Nation makes no sense whatsoever to that individual. This program is designed to take care of a problem. When there is no problem, when you do not have an undue number of coyotes or other predator animals in an area, you do not have a program. But when you do have one, and it becomes a problem, then you have a need for a program, and it does not just benefit the rancher. Living in my part of the country today, as my friend and neighbor from San Antonio just pointed out, rabies, we have a serious problem that we are trying to contain and control. It is spread by coyotes and bobcats. And it is a problem that is now coming within the city limits of some of our towns in the southern part of Texas. This program, as it is designed, is designed to be a responsible way to deal with problems like this. So I would hope that my colleagues, both sides of the aisle, would not support this amendment. It does nothing other than create some tremendous economic problems for certain ranchers, and it is not just in the far west, it is in Texas, it is in Oklahoma, it is in New Mexico, in all areas in which you have for whatever reason a problem with predatory animals. I would hope that Members would not support this amendment. I think the committee has done a very responsible job. They have had a difficult time with the amount of moneys available. They have put the moneys where they believe is in the best and highest priority. I believe that it is something that almost every one of us can find a way to justify and support. The CHAIRMAN pro tempore (Mr. Linder). The gentleman from New Mexico [Mr. Skeen] has 3\1/2\ minutes remaining and has the right to close, and the gentleman from Oregon [Mr. DeFazio] has 2 minutes remaining. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have had a lot of red herrings drug across the floor here. Rabies is not affected by this amendment. Human health and safety activities are totally exempt. Whether it is rabid animals or problem animals, those things can still be taken care of by ADC. We have heard about environmental concerns from the other side. I am pleased to finally hear environmental concerns from the other side from the gentleman from Texas, maybe not a first but definitely somewhat unprecedented. We accommodate endangered and threatened species in this amendment. It does not affect control efforts that deal with the preservation or safety of endangered or threatened species. Quite simply, the amendment goes to the heart of this issue, which is, should the U.S. taxpayers subsidize a program of poisoning, baiting, killing, shooting from airplanes and others of predator species that may or may not be a particular problem, should they continue to avoid their mandate that they use other controls, should we spend $14 million doing this? Maybe we should go out and have a Federal program to acquire dogs. We could buy Great Pyrenees, kuvasz, Komondors, Bouvier des Flandres. You can get a heck of a lot of them for $14 million, and if they live 10 years, we would not have to spend any more money. The issue is, many ranchers have become dependent upon practices that are not the most prudent practices, to have calving or birthing of lambs in areas that are problem areas without any herders present, without themselves being present. As we saw earlier, actually more of the livestock die with calving problems, 17 percent, than with the predation problems, 3 percent. But in any case, they are saying we need this program. If they need the program, they should pay for it themselves. They should go to their county or State, have the county or State pay for it. It is time to put this Federal anachronism to bed. At a time when we are cutting back on every other program here in order to get to a balanced budget, we should no longer subsidize the indiscriminate killing by the animal disease control people and we should continue in the areas of health, safety, airports, and endangered species. Mr. SKEEN. Mr. Chairman, I yield myself the balance of my time. Let me say to the gentleman, who is existing in oblivious and euphoric unawareness, that is the closest I can come to being real kind about this issue, I understand his problem. He feels so good that he is cutting money. Let me say to the gentleman, by cutting funding for the program there will not be any personnel available to take care of the health and safety issues that he is espousing because that is built into the program. {time} 1145 I ask the Members to vote ``no'' on this issue. Let us go back a little bit in history. We had the perfect answer to the kind of predatory control in the United States at one time with the formula known as 1080. It did not cost near as much as it does for the program that we have today because it took care of the problem. It was benign and it was species-specific. But, no, the animal rights people decided that this was a lethal method that was objectionable to them, and we did away with it, we banned, the use of 1080 in Western ranges. So they came up with this program, and it is a participation program in which ranchers, farmers, and others put up money, that is to some degree, matching the Federal funding that is involved. Yes, we want to cut the budget, and how, but we need to take care of a problem that is so onerous and so critical to those people who are livestock raisers and grazers. The are not being subsidized. They are paying their part because they have to spend enormous amounts of time checking traps and doing whatever they do to keep their predator control situation under absolute control. So I say to the gentleman, ``Get out of the county courthouse that you were sitting in so comfortable; get out there and live with a family for a little while that has a predator problem so that you actually understand what predator control means.'' This program also assists those who have trouble going in and out of airports with huge flocks of birds that fly through jet engines and things of that kind. We are using a mental approach and a research approach to solving that problem; lethal means, are used as a last resort. I agree with the gentleman that there ought to be a better system. We had a better system at one time, but it was not looked upon with great favor. In our great wisdom we banned it by executive decree, and I think that was a horrible mistake. So I say to the gentleman and to those who are interested in this particular thing that I sure would appreciate a ``no'' vote because I think it has a devastating effect, and the gentleman, giving him all due credit, does not know what he is talking about. [[Page H6197]] Mr. Chairman, I yield back the balance of my time. Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment. Currently, the Federal Government spends $27 million on the Animal Damage Control Program. Various activities covered under this program include prevention of the spread of rabies and control of bird flocks near airports. I strongly support these programs because they protect human health and safety. However, there are other activities within the ADC program which serve as an unnecessary subsidy to livestock producers. By the Federal Government paying for predator control, livestock owners are not encouraged to deter predators and improve the protection of their herds. By leaving newborn calves and lambs in fields far from the protection of the barn, livstock producers are enticing animals such as wolves, mountain lions, and foxes to prey on this young stock. In addition, the Department of Agriculture is already authorized to levy fees for predator control services but will not do so while the Federal government continues to pay the bills. By cutting this program in half, we will focus the remaining money on the more beneficial programs that protect human health and safety. In these times of budgetary constraints, supporting this amendment will save taxpayer money and provide an incentive for livestock producers to take responsibility for protecting their herds. Mr. FAZIO of California. Mr. Chairman, I rise in opposition to the DeFazio amendment, which would reduce funds for the Animal Damage Control Program of the Animal and Plant Health Inspection Service. This is not a well-known program, but it is an important program for California and the United States. ADC's activities range from preventing bird strikes to aircraft at JFK International Airport in New York, to seeking solutions to the severe problem of canine rabies in Texas, to protecting threatened and endangered species in California. In California, ADC has worked with the U.S. Fish and Wildlife Service to protect the western snowy plover, the California clapper rail, the desert tortoise, and the California least tern. In addition, ADC works with ranchers and grazers to prevent losses due to predation. Losses of sheep and goats due to predation averages approximately $24 million a year. Cattle losses due to predation average approximately $40 million annually. In the absence of an operational ADC program, these losses will increase dramatically. The effect of the DeFazio amendment would be significant and devastating. Seven ADC States offices would be closed, including the gentleman's home State and six other Western States. Twenty ADC district offices will close from Wisconsin to my home State of California. Approximately 200 field positions would be subject to reduction-in-force. Matching cooperative would decrease by 50 percent-- amounting to a $10 million loss in cooperative funding. In short, this is an effective program throughout the United States, and this amendment would severely reduce its effectiveness. I urge my colleagues to oppose the DeFazio amendment. The CHAIRMAN pro tempore (Mr. Linder). The question is on the amendment offered by the gentleman from Oregon [Mr. DeFazio]. The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. recorded vote Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 139, noes 279, not voting 16, as follows: [Roll No. 230] AYES--139 Abercrombie Ackerman Andrews Barrett (WI) Becerra Beilenson Berman Bilbray Bilirakis Blumenauer Blute Bonior Borski Brown (CA) Brown (OH) Bryant (TX) Cardin Castle Chabot Chrysler Coburn Cox Coyne Cummings DeFazio DeLauro Dellums Deutsch Dingell Dixon Doggett Doyle Duncan Ehlers Engel English Eshoo Farr Fawell Filner Flanagan Foglietta Fox Frank (MA) Furse Gejdenson Gephardt Gilchrest Goss Gutierrez Gutknecht Hall (OH) Harman Hinchey Hoekstra Jackson (IL) Johnston Kelly Kennedy (MA) Kennedy (RI) Kennelly Kleczka Klink Klug LaFalce Lantos Levin Lewis (GA) Lipinski Lowey Luther Maloney Manzullo Markey Matsui McCarthy McDermott McHale McKinney McNulty Meehan Meek Menendez Meyers Millender-McDonald Miller (CA) Miller (FL) Mink Moakley Morella Nadler Neal Neumann Obey Olver Owens Payne (NJ) Pelosi Petri Porter Rahall Ramstad Rangel Reed Rivers Roemer Rohrabacher Roth Roukema Roybal-Allard Royce Sabo Sanders Sanford Scarborough Schroeder Schumer Sensenbrenner Serrano Shays Slaughter Smith (NJ) Stark Stearns Stockman Studds Stupak Taylor (MS) Torres Towns Upton Velazquez Vento Wamp Waters Waxman Woolsey Yates Zimmer NOES--279 Allard Archer Armey Bachus Baesler Baker (CA) Baker (LA) Baldacci Ballenger Barcia Barr Barrett (NE) Bartlett Barton Bateman Bentsen Bereuter Bevill Bishop Bliley Boehlert Boehner Bonilla Bono Boucher Brewster Browder Brown (FL) Brownback Bryant (TN) Bunn Bunning Burr Burton Buyer Callahan Camp Campbell Canady Chambliss Chenoweth Christensen Clay Clayton Clement Clinger Coble Coleman Collins (GA) Collins (IL) Collins (MI) Combest Condit Cooley Costello Cramer Crane Crapo Cremeans Cubin Cunningham Danner Davis de la Garza Deal DeLay Diaz-Balart Dickey Dicks Dooley Doolittle Dornan Dreier Dunn Durbin Edwards Ehrlich Ensign Evans Everett Ewing Fattah Fazio Fields (LA) Fields (TX) Flake Foley Forbes Ford Fowler Franks (CT) Franks (NJ) Frisa Frost Funderburk Gallegly Ganske Gekas Geren Gibbons Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Hall (TX) Hamilton Hancock Hansen Hastert Hastings (FL) Hastings (WA) Hayes Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hobson Hoke Holden Horn Hostettler Houghton Hoyer Hunter Hutchinson Hyde Istook Jackson-Lee (TX) Jacobs Jefferson Johnson (CT) Johnson (SD) Johnson, E. B. Johnson, Sam Jones Kanjorski Kaptur Kasich Kildee Kim King Kingston Knollenberg Kolbe LaHood Largent Latham LaTourette Laughlin Lazio Leach Lewis (KY) Lightfoot Linder Livingston LoBiondo Lofgren Longley Lucas Manton Martinez Mascara McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Minge Molinari Mollohan Montgomery Moorhead Murtha Myers Myrick Nethercutt Ney Norwood Nussle Oberstar Ortiz Orton Oxley Packard Pallone Parker Pastor Paxon Payne (VA) Peterson (FL) Peterson (MN) Pickett Pombo Pomeroy Portman Poshard Quillen Quinn Radanovich Regula Richardson Riggs Roberts Rogers Ros-Lehtinen Rose Rush Salmon Sawyer Saxton Schaefer Scott Seastrand Shadegg Shaw Shuster Sisisky Skaggs Skeen Skelton Smith (MI) Smith (TX) Smith (WA) Solomon Souder Spence Spratt Stenholm Stokes Stump Talent Tanner Tate Tauzin Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torricelli Traficant Visclosky Volkmer Vucanovich Walker Walsh Ward Watt (NC) Watts (OK) Weldon (FL) Weldon (PA) Weller White Whitfield Wicker Williams Wilson Wise Wolf Wynn Young (AK) Young (FL) Zeliff NOT VOTING--16 Bass Calvert Chapman Clyburn Conyers Emerson Frelinghuysen Gillmor Inglis Lewis (CA) Lincoln Martini McDade Moran Pryce Schiff {time} 1207 Messrs. KILDEE, FATTAH, and ROSE changed their vote from ``aye'' to ``no.'' Mrs. KENNELLY, Mrs. MEEK of Florida, and Messrs. COX of California, BILBRAY, SCHUMER, LEWIS of Georgia, and NEUMANN changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. personal explanation Mr. MORAN. Mr. Chairman, during rollcall vote No. 230 on H.R. 3603 I was unavoidably detained. Had I been present, I would have voted ``aye.'' personal explanation Mr. MARTINI. Mr. Chairman, this morning during rollcall votes 229 and 230 I was unavoidably detained. Had I been present, I [[Page H6198]] would have voted ``aye'' on rollcall vote No. 229, and ``nay'' on rollcall vote No. 230. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer amendment No. 1. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes, and that the time be equally divided. The CHAIRMAN pro temprore. Is there objection to the request of the gentleman from New Mexico? Mr. KENNEDY of Massachusetts. Mr. Chairman, reserving the right to object, I would ask the gentleman, did he request 10 minutes? Mr. SKEEN. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from New Mexico. Mr. SKEEN. Yes, 10 minutes. Mr. KENNEDY of Massachusetts. Five and five? Mr. SKEEN. Five and five, yes. Mr. KENNEDY of Massachusetts. Mr. Chairman, that is fine with me, and I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each be recognized for 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think many people that saw the news yesterday that Seagrams Liquor Co. is now going to begin advertising directly hard liquor on television, were shocked at that development. In a country that currently is involved in a situation in the United States of America where the No. 1 killer of people under the age of 24 in this country is alcohol and alcohol-related deaths, when we spend $15 billion a year of taxpayer funds to fight the war on drugs, and yet we have the singly most abused drug in this country, alcohol, now killing many, many more Americans than all other drugs combined, we have a tragedy on our hands. We have spent time and time again debating on this floor the need to cut back programs that provide for the education of our children, that provide for the research and development of our country, that provide for the health care of our senior citizens. But in this bill is a hidden subsidy worth millions and millions of dollars to advertise some of the most profitable alcoholic beverages abroad. It is a shame and it is a scam. It ought to come to a stop. In this Market Access Program, we will be spending millions of dollars to advertise Ernest and Julio Gallo, the richest winemakers in the world, who receive $25 million worth of United States taxpayer money to advertise its wine and brandy in Thailand, the Philippines, Canada, and England. Jim Beam got over $2.5 million to push its whiskey abroad. Other whiskey giants like Hiram Walker and Brown-Forman profited from the Market Access Program. The MAP program adds insult to injury by asking the taxpayers to foot the bill of the world's largest foreign alcohol giants. We actually spend money subsidizing Seagrams, the very company that has gone on television yesterday to advertise its hard liquor, we are now subsidizing that Canadian company with United States taxpayer dollars to advertise their products abroad. This is a scandal that ought to come to an end. Mr. Chairman, I would just suggest to the Congress of the United States that it is about time that if we are going to stand up to the senior citizens and tell them we spend too much money on their health care, if we are going to stand up to kids and tell them we spend too much money on their education, if we are going to stand up to the poor and vulnerable and tell them we spend too much money on poverty programs, then we can stand up to the biggest alcohol producers, the biggest winemakers in the world and tell them we are sick and tired of using taxpayers' money to subsidize their profits. {time} 1215 If they want to advertise their alcohol products abroad, let them do it with their own money. Let them stay out of the taxpayer's back pocket. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. I thank the gentleman for yielding time. Mr. Chairman, let me see if I can shed some light on this subject. We are talking about helping export American agricultural products under this program. I am specifically talking about small wine grape growers, most of whom market their products through several large wineries. This is an amendment to help small agriculture. Remember, the European Union spends more on the export promotion of wine than the United States spends promoting all of our agricultural products. They do a great deal to help their growers promote their foreign sales. The European Community wine industries are heavily subsidized to the tune of $1.5 billion, which includes $90 million alone for export promotion. That is the total amount provided for all of agriculture in this bill, if it is not reduced or eliminated. Other countries do even more than the European Union. The Italian Government through its trade commission is funding an additional $25 million for Italian wines alone. So when it comes to the wine industry, the MAP program that we are now debating is a program that helps small business, not visit the giant wineries, not only the names that we have heard bandied about here on the floor. In fact in 1994, for example, 101 wineries participated and 89 of them were small wineries. So there is no question that this is not a subsidy simply to big agriculture or big vintners. We are not talking about people who are purveying distilled spirits. This is wine, a product that we lead not only this hemisphere but this world in the production of a quality product. MAP promotes independent businesses. It is important that 90 percent of the small wine grape growers in this country be given an opportunity to be part of an export promotion program. This amendment would put an end to it. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. FAZIO of California. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. Chairman, I would just like to suggest to the gentleman that if he reads the fine print of this legislation, what he will find is there is a big gap. The gap says that they can put money through the association. It is through those associations that then launder the taxpayers' dollars that then go into the pockets of the biggest wineries in the United States. Ernest and Julio, et cetera. Mr. FAZIO of California. If I could reclaim my time, the people who are involved in this program are putting up half the money. This is not all Government money. Half the money comes from the private sector, both from the wine grape growers through their association and those who make wine and help market the product. This is a program that works for all elements of one of our most successful agricultural industries. If we want to be successful in getting down our trade imbalance, if we want to help small growers, we ought to continue to support this very modest program, which is all we can afford at the present time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. Nethercutt]. Mr. NETHERCUTT. I thank the chairman of the subcommittee for yielding time. [[Page H6199]] Mr. Chairman, I think we have to keep in mind in this debate with respect to the Kennedy amendment that this program helps small farmers. This helps small farmers out in Washington State who, I might say to my friend from California, make the best wine in the world. But also I want the gentleman from Massachusetts to understand that the USDA directs the Market Access Program to small businesses, small farms, small wineries. I do not think we want to cede our industry to the European winemakers. That is what we are really doing here. We are developing a program that allows our Government to contribute some money to competition, unfair competition in my judgment, from foreign governments who assist their winemakers for shelf space. That is really what we are doing. What we are doing is developing a program that allows our products in this country to have some shelf space in foreign markets. That means jobs to Americans. That means jobs to people in my district, small wineries. I urge the rejection of this amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think it is interesting to note that people are talking about how this program assists small vintners. I would anticipate after a vote on this amendment, Mr. Chairman, offering a follow-up amendment that would simply limit the subsidy program to go only to small vintners. As long as the gentlemen that talked so heartily about the need to assist those small vintners would put their vote where their mouth is, I think we might be able to work out a compromise on the underlying issue about whether or not the program should go directly to those small businesses. My true feeling, and I know that the gentleman from Utah [Mr. Hansen] has offered this amendment with me in the past, I wish he was here--I do not think he expected the amendment to come up quite so quickly--is that we do not believe that the U.S. Government ought to be involved in subsidizing alcohol products abroad. That is the fundamental question that is involved with this debate. It is fundamentally, I think, wrong for us to tell people that we do not have money in the coffers of the Federal Government to provide for the health care and the education of our people, but we do have money in the coffers to be able to subsidize alcohol advertising for some of the richest companies in America abroad. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from California [Mr. Farr]. Mr. FARR of California Mr. Chairman, I say to the last speaker, Wake up. We turn on the television set, we see Colombia's Juan Valdez selling us coffee. We see Mexico selling us Corona beer. This is a global market. If we want people to buy American, then we have to tell them what is American. This is a program that requires that the Government match by private funds to advertise and to promote these products abroad. If we are indeed going to sell our products grown in America abroad, we are going to have to maintain this program. I urge a ``no'' vote on the amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time remains on each side? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts and the gentleman from New Mexico each have 30 seconds remaining, and the gentleman from New Mexico [Mr. Skeen] has the right to close. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, I cannot believe that we are hearing Members of Congress that normally speak out so strongly against corporate subsidies and say that is how we ought to balance the budget, all of a sudden switching when it comes to a corporate subsidy that happens to go to the wine industry. Let us listen to Edward Nervo of the Famiglia Nervo Vines and Wines in Sonoma County, CA, who has written to me and said, ``With corporate welfare programs like these, no wonder the biggies get bigger and the small fry end up in the frying pan.'' Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the gentleman from California [Mr. Riggs]. Mr. RIGGS. I thank my distinguished chairman for yielding time. Mr. Chairman, let me just say, first of all, the 5 largest recipients of market access promotion funds purchase over 90 percent of their grapes from small independent grape growers. This is a program that is working. It is a public-private partnership that has been improved by the Congress over the last few years. I just want to remind my colleagues that this same amendment went down to defeat in this House last year on a vote of 268 to 130. The American wine industry and the farmers who depend on that industry need our help to again defeat the Kennedy amendment. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The amendment was rejected. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages unless it is made known to the Federal official having authority to obligate or expend such funds the the promotion activities benefit a small-business concern. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes and that the time be equally divided. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each control 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to commend the chairman of the committee along with my good friend from Illinois, Mr. Durbin, for some language that they inserted in the ag bill last year as a result of the same debate that just took place on the House floor. I shall read what those changes are: The funds shall not be used to provide direct assistance to any nonprofit corporation that is not recognized as a small business concern described in section A of the Small Business Act. Secondly, a cooperative; or, third, an association described in the first section of the Act. Essentially what that is attempting to do is to reform this act so that the big subsidies do not go to the big companies, Seagrams, Ernest and Julio Gallo and the other major vintners and major producers of alcohol that have, I think, very unfairly skimmed money from the American taxpayer while they are making millions and millions of dollars in their exports. The language of this amendment very simply suggests that while what is really occurring is through this trade association loophole, the money is now being funneled through to trade associations and then the trade associations redistribute it to the very big companies. I had a long talk last evening with the Department of Agriculture about this loophole that is contained in the law. All that this amendment would do would be to extend the small business criteria to any funds that get funneled through the trade association to make sure that the concerns of my good friend from California, who is so very worried about those small vintners, will actually make sure the money goes to those small vintners. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Dooley]. [[Page H6200]] Mr. DOOLEY. Mr. Chairman, I rise in strong opposition to this amendment. What the market Assistance Program is all about is trying to ensure that U.S. farmers get their fair share of expanding export markets. What the gentleman from Massachusetts [Mr. Kennedy] is trying to do now is define a different criteria and that we try to say that only small businesses are going to be involved in achieving those expanded markets. As a farmer and as any grape farmer or wine grape grower out there will say, what is important is to increase the sales of wine. What is important is to assure that U.S. wineries have a fair playing field when they take on the European Union and the 6-to-1 advantage that they have in export promotion over U.S. wineries. What we would be doing in this case if we limit the money on where it goes, we would be saying to that small grower who is growing grapes that is selling them to a larger winery that they are not ever going to benefit from the Market Assistance Program. We would be saying to that winery out there and that winery who might be owned by an individual that might be farming 10,000 acres but has his own winery that he is going to benefit from the Market Assistance Program. That is not fair. What we are trying to do is to ensure that that average wine grape grower in California, or other parts of the country, that grows less than 100 acres of wine that they will have a tool that will ensure that U.S. wine will be at a competitive advantage or have a fair playing field when we take on the winemakers and the wine grape growers of the European Union. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. DOOLEY. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Does the gentleman really believe that we should be providing Government tax subsidies to the richest companies in the U.S. regardless of what their profit lines are? Mr. DOOLEY. Reclaiming my time, what the issue is is that the U.S. farmer have fair access. In a perfect world if the European Union were not spending six times the amount that the U.S. Government was to provide exports, then we would not need this program. But if we want to ensure that the U.S. farmer has a level playing field, this Government needs to stand behind them, and that is what the Market Assistance Program does. Mr. KENNEDY of Massachusetts. May I inquire of the Chair how much time remains on each side? The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] has 3 minutes remaining and the gentleman from New Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would just like to suggest that I do think that we ought to have some kind of test in this program as to whether or not companies who are making tens of millions of dollars worth of profit and then coming in and reaching into the back pocket of the taxpayer and asking us to subsidize them when they are already making all these dollars. {time} 1230 The real question is whether we should be promoting alcohol products abroad to begin with, but if we are to do it and we have to do it because the Europeans are subsidizing their industry, I say fine, but let us not go out and needlessly line the pockets of companies that are already making tens of millions of dollars' worth of profits. Come on, Congress of the United States, stand up to the wine lobby. That is what this is all about. Just for once say to the wine lobby, look, we will accept that we are going to help out the little guy, but let us not go out there and line the pockets of the richest wine companies. These are people that for all the time have gone out and gotten all the farm workers picking the grapes and all the rest of it. They make plenty of profits. Let us stand up to them, for crying out loud. Have a little heart, have a little soul, and stand up to the big boys every once in a while. It is good for the soul. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. Mr. Chairman, first of all, I would say to the gentleman from Massachusetts that the Department of Agriculture and the Department of Health and Human Services say that a little wine in each individuals' daily diet is healthy for them. So exporting wine is something we should not be ashamed of. We should be proud of it, and we should be out there competing with the rest of the world. But the point the gentleman does not get is that we are talking about small growers who own 30, 40, or 50 acres. They are not the ones who make wine and send it overseas. They have to have a winery buy their product. We are trying to help, as the gentleman from California [Mr. Riggs] said, 90 percent of the small grape growers in this country to find a home for their product. They will find it in many cases domestically but we are expanding our international markets, and we are doing it with a cooperative program that is shared between those who profit and the taxpayer who profits even more by a modest investment in terms of income producing tax paying jobs. And I can tell the gentleman, in this MAP Program we get back $16 in agricultural exports for every dollar that we spend. So please understand we are talking about small farmers here and a benefit for taxpayers as well. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time do I have remaining? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts [Mr. Kennedy] has 2 minutes remaining and the gentleman from new Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I want to address my comments to my good friend from California, Mr. Fazio. The truth is that all this amendment does is limit it to small businesses. All we are saying is if the gentleman is truly concerned about small businesses and the small vendor, then he should be supportive of this amendment. This amendment simply says that the trade association funding can only go to businesses that will qualify under the Small Business Act as small business. Instead of the big boys, the little guy. Mr. FAZIO of California. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from California. Mr. FAZIO of California. Mr. Chairman, I would note, as the gentleman from California [Mr. Dooley] said, a winery may be called a small business but 90 percent of the grapes grown by farmers move through the five largest wineries. So the gentleman is not helping the grower if he makes this distinction. He is trying to do something that is a worthy cause, but he is missing by a mile. Mr. KENNEDY of Massachusetts. Mr. Chairman, reclaiming my time, the truth of the matter is, if these people are part of a trade association they still have access. What this bill does is limit the ability of the trade associations to go about providing big subsidies to the biggest wine companies. It does not, in fact, stop us from providing small businesses with the ability to gain access to the program. I think the whole program is crazy, but I think it is even crazier to suggest that what we will do is continue to skip a loophole open that provides all this money to go to the biggest companies in the country. Mr. FAZIO of California. Mr. Chairman, if the gentleman will continue to yield, the craziest thing we could do would be to eliminate 90 percent of the wine grape growers, who are small farmers. They do not make wine and do not export it. They need private sector help to do it. and this program provides the partnership to do it. Mr. KENNEDY of Massachusetts. Mr. Chairman, the truth of the matter is, this will have absolutely no impact. And if the gentleman talks to people seriously about the impact of this whole MAP program, it will not have a penny's worth of difference in terms of what the actual sales are. The gentleman and I both know we can produce wine. People want to buy the wine and will produce the wine, and it has nothing to do with the small amount of subsidies that end up going into this program. It is the principle of the fact that we are providing taxpayer [[Page H6201]] dollars, millions and millions of dollars worth of taxpayer funds, that go into the back pocket of the biggest companies. That is a scam and a scandal that ought to be dealt with. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Riggs], the remainder of my time. Mr. RIGGS. Mr. Chairman, I wish the gentleman from Massachusetts could devote so much time and energy to helping us address the competitive and trade disadvantage that our wine exports have against Chilean and European wines. But the gentleman was correct when he said last year in conference we restructured the MPP, now known as the Market Access Program, to restrict direct participation of for-profit corporations that are not small businesses while requiring a direct match from any small business that participates in this program. These reforms should silence this unwarranted criticism of the Market Access Program. The accusations that corporations are advertising products at taxpayers expense are simply not true. The primary emphasis of this program, as has been pointed out repeatedly over the last few minutes of debate, is toward the small family farmer. Historically, 60 percent of market access promotion funds have gone to generic advertising; the remaining 40 percent is allocated to brand promotion, with priority again given to small entities. I quote from the act: In addition, a sizable number of large corporations receiving market access promotion moneys are actually grower cooperatives. All benefits those organizations derive from brand assistance under this program are directly returned to their grower members, who themselves tend to be small and medium sized operations. Mr. WARD. Mr. Chairman, will the gentleman yield? Mr. RIGGS. I yield to the gentleman from Kentucky. (Mr. WARD asked and was given permission to revise and extend his remarks.) Mr. WARD. Mr. Chairman, I rise in opposition to the amendment. Mr. RIGGS. Mr. Chairman, I wanted to conclude by saying the Market Access Program is not corporate welfare; it is a valuable resource for America's small farmers to compete in highly restrictive foreign markets. In fact, this program is pro-trade, pro-growth, and pro-jobs. Ms. WOOLSEY. Mr. Chairman, although I have the utmost respect for the gentleman from Massachusetts, unfortunately, I must rise in strong opposition to this amendment. I must do so because this amendment directly and unfairly targets my constituents in Sonoma and Marin Counties, CA, who produce some of the world's finest wine. If this amendment passes, however, their world- famous wine would no longer be able to compete in the world market. This amendment would devastate the small wine producers in my district, who rely upon Federal export assistance to enter and compete in the global marketplace. Unlike Europe and South America, U.S. wine producers receive no production subsidies whatsoever. Furthermore, our competitors outspend the United States in export subsidies by more than 6 to 1! Mr. Chairman, small California wineries cannot compete in such a lopsided marketplace without some assistance. And let there be no mistake, this amendment targets small, family-owned businesses--89 out of 101 wineries that participate in the Market Access Program are small wineries. The Kennedy amendment takes this critical assistance away from small wine producers and, in doing so, It takes away jobs; it takes away trade; and, it takes away fairness. Mr. Chairman, we should be working today to help export California wine, Not California's jobs. Vote ``no'' on the Kennedy amendment. The CHAIRMAN pro tempore. All time for debate has expired. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. KENNEDY of Massachusetts. Mr. Chairman, I demand a recorded vote, and pending that, I make a point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to the rule, further proceedings on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy] will be postponed. The point of no quorum is considered withdrawn. The Chairman pro tempore. Are there further amendments? Amendment Offered by Mr. KOLBE Mr. KOLBE. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kolbe: At the appropriate place in the bill, insert the following new section: Sec. . None of the funds made available in this Act may be used to administer a peanut program that maintains a season average farmers stock price for the 1997 crop of quota peanuts in excess of $640 per ton. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 20 minutes with the time being equally divided and to roll the vote. Mrs. CLAYTON. Mr. Chairman, I object. The CHAIRMAN pro tempore. Objection is heard. The gentleman from Arizona [Mr. Kolbe] is recognized for 5 minutes. Mr. KOLBE. Mr. Chairman, I rise to offer this amendment with the gentlewoman from New York [Mrs. Lowey]. It is an amendment that simply carries out the intent of Congress on the peanut program. The farm bill, the Freedom to Farm Act, made some extremely modest changes to the peanut program. The change that was supposed to benefit consumers was a 10 percent reduction in support prices from $678 to $610. This amendment would ensure that the price of quota peanuts would actually be $610 per ton, as approved in the recently passed farm bill. Now, why is this amendment necessary, if all we are doing is seeking to implement what the farm bill said we were going to do? It is necessary because the Secretary of Agriculture, not without reason, since he represents agricultural interests, has chosen to administer this program in a way that makes sure that peanut prices will continue to stay at previous, much higher levels. The Secretary was able to do this, to keep the peanut pries high, by announcing a national peanut quota production level that is going to be at least 100,000 tons less than the projected domestic demand. In other words, the Government is creating an artificial shortage. Mr. Chairman, what we have is a Government-created artificial shortage of peanuts and, thus, a consequent higher price for peanuts. That is contrary clearly to what we intended to do in the farm bill. At a time when we have a peanut industry that is certainly in a serious state of decline, with peanut consumption dramatically declining over the last 5 years, it does not seem to me that we can afford to let bad government policy excessively inflate the prices for domestic consumers. Inflate the prices, I might add, to what is now double, double, the export price. The domestic price of peanuts is double what our producers get when they sell it into the export markets. In other words, we have this artificially created price. Even at $610 a ton, which we are not going to get to because of this reduction in the quota, U.S. peanuts are 33 percent above the world price of $350 per ton. So this am

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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997


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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997
(House of Representatives - June 12, 1996)

Text of this article available as: TXT PDF [Pages H6194-H6236] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997 The Committee resumed its sitting. Mr. SKEEN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon [Mr. Cooley]. Mr. COOLEY. Mr. Chairman, the Animal Damage Control Program represents one of the most efficient and cost-effective programs within the U.S. Department of Agriculture. It benefits the general public as well as the agricultural industry. Without animal damage control, studies have indicated that agriculture's annual losses would total in excess of $1 billion. In 1994 in Oregon alone, the National Agricultural Statistics Service estimated that 4,275 sheep and 15,200 lambs were lost to predators. What kind of signal are we sending to these ranchers? When urban residents are robbed of their private property, they rely on publicly financed services to regain their property. It this a subsidy to private property owners? Is the taking of private property in the East worthy of publicly financed services, while in the West it is not? Mr. Chairman, ranchers are hard-working, tax-paying citizens who contribute mightily to their communities. And the Animal Damage Control Program is a tool they rely on to maintain a successful operation. It should be protected. Oppose the DeFazio amendment. Mr. Chairman, I oppose the DeFazio amendment, and I want to state that predator control is not only a western issue; it is an issue throughout the entire country. I think that we need to retain this program because we retained other predator control programs that pertain to our police protection. This is just another form of that, and we need it. Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Brown]. (Mr. BROWN of California asked and was given permission to revise and extend his remarks.) Mr. BROWN of California. Mr. Chairman, I rise in strong support of the DeFazio amendment that would cut $13.4 million from the fiscal year 1997 budget for animal damage control. Mr. Chairman, I ask the indulgence of my good friend, the chairman of the committee, to understand my position because I hope I understand his. I have a small spread in California. I engage in predator control. I believe in predator control. I will not describe the type of predator control that I use, but I think it is reasonably effective. What I am suggesting here in this effort to cut the budget for animal damage control is that we can do this job more effectively and in a more principled fashion than we do. I believe in strong cooperation on the part of the Government, the Department of Agriculture in this case, to help the farmers, ranchers, and other people of this country. I have demonstrated that time after time. On the other hand, I do not believe in an unnecessary and less than beneficial subsidy that is being used to support this program. As I think we all know, the Department of Agriculture is authorized to levy fees to support this program, but have never used that authority. We move in that direction in almost every other area in which we are providing services to a segment of the business community, and it is my view that we should be moving in this direction as far as the Animal Damage Control Program is concerned. In previous legislation the Congress has indicated that there are preferred ways to carry out this operation and they do not require the extensive use of the kinds of traps, snares, poisons, aerial hunting, and other things that are going on today under the name of controlling animal damage. There are more effective ways, and the Congress has directed that these be used. We have GAO reports that the ADC has been using these methods that I [[Page H6195]] have described in essentially all instances, despite the Department's written policies and procedures which call for preference to be given to nonlethal methods. Now I confess that I am an unabashed animal lover and like to protect their lives where possible, and I think in this case we can achieve the control of predator damage by the use of nonlethal technologies, and that we can do it cheaper and we can distribute the costs of doing this in a more equitable fashion by levying fees which would be levied on the people who get the benefit from the program. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming [Mrs. Cubin]. Mrs. CUBIN. Mr. Chairman, I rise in opposition to the pending amendment which would reduce funding to the Animal Damage Control Program. Mr. Chairman, I think that this amendment is at the very best uninformed, and possibly at the worst, mean-spirited. When we talk about predators, we are not talking only about coyotes, we are talking about the wolf which has been introduced into Wyoming, into my State, which is an endangered species. The grizzly bear is an endangered species. Eagles and hawks, many of them are endangered species. We do not have any right or any will to kill these predators, and we cannot legally do that to protect our livestock. I believe in predator control, but when an endangered animal, an endangered species kills some livestock, the only way that the owner of that livestock can get compensated is through the Animal Damage Control Program. {time} 1130 I would suggest that, if the gentleman who offered the amendment had a dog that was worth $10,000 and this dog was in his very own yard, and there are bulls that are worth that much, much more than $10,000, but this dog was in its very own yard and my dog went over and killed his dog, then he would say that I ought to be responsible to pay him back for the value of his dog. This is all this predator control program does. If a species or if a predator, including an endangered species, kills a cow, a bull, a sheep, whatever, all we are asking is that a portion, a very small portion of the value of that livestock be given back to the owner of the livestock. That is what we are asking. This is not a subsidy. It is merely paying someone for a small portion of what is rightfully theirs. The animal loss in the livestock industry is enormous, as the gentleman from Oregon [Mr. Cooley] stated earlier. Aside from the livestock issues, there have also been wildlife losses, not just in Wyoming but in Oregon and across the western United States, due to predation. It is the livestock producers who, by controlling predators, who keep the burgeoning numbers of coyotes, foxes, mountain lions, and brown bears down, who have provided the most protection for wildlife, which are preyed upon by these same destructive animals. The Animal Defense Control Program is the last line of defense for the wildlife that we enjoy and that everyone wants to preserve in our State. If Members have any real interest in protecting wildlife, they will vote against this amendment, because the ranchers and the livestock growers are the ones who are helping control the predators, and they need the animal control money to enable them to do that. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The issue here is a subsidy, subsidy. That side of the aisle is consistently against government programs and subsidies except when it goes to their own parochial interests. This bill does nothing, nothing to prevent predator control by individuals, by counties, by States. As I said previously, when I was a county commissioner, we canceled the predator control program, walked away from the Federal match. They engaged in private predator control, and the losses did not go up. But that is the issue here. Will we continue a $13.4 million subsidy to a selected few of the livestock producers in the Western United States? As I stated earlier, yes, the losses are largely due to predation. Almost 3 percent of the losses last year were due to predation. The other 97 percent were due to a number of causes, some of which are not preventable, like weather, but others which could be preventable with research, like respiratory problems, 27 percent; digestive problems, 25 percent. Fifty-two percent of the losses in this industry were due to respiratory and digestive problems. Maybe we should invest this money in our veterinary schools. Maybe we should invest it in a vaccination program for livestock. I do not know. But there would be a heck of a lot better return than the 3 percent that was due to predation. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 4 minutes to the gentleman from Texas [Mr. Bonilla]. Mr. BONILLA. Mr. Chairman, I thank my friend from New Mexico for yielding time to me. Mr. Chairman, I rise in strong opposition to the DeFazio amendment. It is bad news, it is bad news for agriculture. It is bad news for consumers. It is bad news for the environment. And it is bad news for America's children. Here is the bad news the DeFazio amendment has for agriculture. In 1994, 520,000 sheep and lamb were killed by predators, direct losses to agriculture from wildlife damage totaled $461 million. The DeFazio amendment says too bad, so sad, let us increase these losses. The DeFazio amendment would cut animal damage control that is essential for the continued viability for many American ranches already battered by the drought. Let us not forget about the drought. The DeFazio amendment would punish these ranchers with increased losses. My friends, that is wrong, it is just plain wrong. Here is the bad news the DeFazio amendment has for consumers. Higher grocery bills are on the way for millions of American families struggling to make ends meet. These higher costs are courtesy of the DeFazio amendment which will increase predator damage and reduce supply. At the same time, ADC plays a vital role in the safety of millions of air travelers. By 1991, 635 airports participated in the ADC program. The importance was illuminated when a bird strike at Kennedy Airport in New York caused severe damage to a plane and, more importantly, threatened the lives of 300 passengers. The DeFazio amendment says so sad, too bad, we should accept this level of risk. That is wrong. It is plain wrong. We should reject this amendment for that reason as well. Here is bad news the DeFazio amendment has for the environment. ADC activities protect threatened and endangered species from predators. The black footed ferret, the San Joaquin kit fox, the desert tortoise, the Aleutian Canadian goose might well be extinct were it not for ADC protection from predators. The DeFazio amendment says too bad, so sad, we may as well terminate these species. That is wrong, plain wrong, another reason to reject this amendment. Finally, and most troubling, the DeFazio amendment delivers bad news to America's children. Rabies is rearing its horrifying face across America. Between 1988 and 1992, rabies cases have doubled. New York reported 1,761 new cases, while 640 of my fellow Texans were treated for rabies. Predators also directly threaten our youth. In Los Angeles, a 3-year-old girl was killed in her front yard by a coyote. ADC fights these threats. The DeFazio amendment tells us not to worry about the predator threat. It is not important, too bad, so sad. This is wrong. We should reject the DeFazio amendment. If we care about either agriculture, consumers, the environment or children, we should stand strong and reject the DeFazio amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The gentleman should read the amendment before he rises with such extraordinary charges that the amendment will be responsible for the collapse of American democracy and the final victory of the totalitarian Soviet state, which I think was part of the statement there. It has exceptions for human health and safety. It has exceptions for endangered or threatened species. The endangered, threatened species are often dealt with in a better manner by fish [[Page H6196]] and wildlife, who has a line item in their budget. All this does is eliminate a subsidy for a ridiculous anachronistic program first implemented in 1931 that has no discernible impact. It has had an impact, and it is inadvertent, against nontarget species, poisoning of nontarget species, the destruction of predators which, like coyotes, in many cases prey on rodents or on groundhogs and gophers and things which cause problems with pastures and with horses breaking their legs. So the gentleman, by killing coyotes, is responsible for people whose horses have put their legs in gopher holes, broken them, fallen and then been killed. I will not make that charge, but his charges were equally irresponsible. This is an absurd subsidy to a selected few, a very small percentage of privileged western livestock producers. It is something that if they need, they can contract for themselves without a subsidy from the U.S. taxpayers to continue this ineffective and indiscriminate program. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Stenholm]. Mr. STENHOLM. Mr. Chairman, I rise in opposition to this amendment. I have listened attentively to much of the debate. I think that the proponent of this amendment is completely overlooking the reason why some of us believe that it is a good program. If you have ever talked to a rancher that has lost 200, 300, 400, or 500 kid goats, baby goats just born, if you have talked to ranchers that have lost 200 or 300 or 400 baby lambs that have just been born, then the 3-percent figure in the Nation makes no sense whatsoever to that individual. This program is designed to take care of a problem. When there is no problem, when you do not have an undue number of coyotes or other predator animals in an area, you do not have a program. But when you do have one, and it becomes a problem, then you have a need for a program, and it does not just benefit the rancher. Living in my part of the country today, as my friend and neighbor from San Antonio just pointed out, rabies, we have a serious problem that we are trying to contain and control. It is spread by coyotes and bobcats. And it is a problem that is now coming within the city limits of some of our towns in the southern part of Texas. This program, as it is designed, is designed to be a responsible way to deal with problems like this. So I would hope that my colleagues, both sides of the aisle, would not support this amendment. It does nothing other than create some tremendous economic problems for certain ranchers, and it is not just in the far west, it is in Texas, it is in Oklahoma, it is in New Mexico, in all areas in which you have for whatever reason a problem with predatory animals. I would hope that Members would not support this amendment. I think the committee has done a very responsible job. They have had a difficult time with the amount of moneys available. They have put the moneys where they believe is in the best and highest priority. I believe that it is something that almost every one of us can find a way to justify and support. The CHAIRMAN pro tempore (Mr. Linder). The gentleman from New Mexico [Mr. Skeen] has 3\1/2\ minutes remaining and has the right to close, and the gentleman from Oregon [Mr. DeFazio] has 2 minutes remaining. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have had a lot of red herrings drug across the floor here. Rabies is not affected by this amendment. Human health and safety activities are totally exempt. Whether it is rabid animals or problem animals, those things can still be taken care of by ADC. We have heard about environmental concerns from the other side. I am pleased to finally hear environmental concerns from the other side from the gentleman from Texas, maybe not a first but definitely somewhat unprecedented. We accommodate endangered and threatened species in this amendment. It does not affect control efforts that deal with the preservation or safety of endangered or threatened species. Quite simply, the amendment goes to the heart of this issue, which is, should the U.S. taxpayers subsidize a program of poisoning, baiting, killing, shooting from airplanes and others of predator species that may or may not be a particular problem, should they continue to avoid their mandate that they use other controls, should we spend $14 million doing this? Maybe we should go out and have a Federal program to acquire dogs. We could buy Great Pyrenees, kuvasz, Komondors, Bouvier des Flandres. You can get a heck of a lot of them for $14 million, and if they live 10 years, we would not have to spend any more money. The issue is, many ranchers have become dependent upon practices that are not the most prudent practices, to have calving or birthing of lambs in areas that are problem areas without any herders present, without themselves being present. As we saw earlier, actually more of the livestock die with calving problems, 17 percent, than with the predation problems, 3 percent. But in any case, they are saying we need this program. If they need the program, they should pay for it themselves. They should go to their county or State, have the county or State pay for it. It is time to put this Federal anachronism to bed. At a time when we are cutting back on every other program here in order to get to a balanced budget, we should no longer subsidize the indiscriminate killing by the animal disease control people and we should continue in the areas of health, safety, airports, and endangered species. Mr. SKEEN. Mr. Chairman, I yield myself the balance of my time. Let me say to the gentleman, who is existing in oblivious and euphoric unawareness, that is the closest I can come to being real kind about this issue, I understand his problem. He feels so good that he is cutting money. Let me say to the gentleman, by cutting funding for the program there will not be any personnel available to take care of the health and safety issues that he is espousing because that is built into the program. {time} 1145 I ask the Members to vote ``no'' on this issue. Let us go back a little bit in history. We had the perfect answer to the kind of predatory control in the United States at one time with the formula known as 1080. It did not cost near as much as it does for the program that we have today because it took care of the problem. It was benign and it was species-specific. But, no, the animal rights people decided that this was a lethal method that was objectionable to them, and we did away with it, we banned, the use of 1080 in Western ranges. So they came up with this program, and it is a participation program in which ranchers, farmers, and others put up money, that is to some degree, matching the Federal funding that is involved. Yes, we want to cut the budget, and how, but we need to take care of a problem that is so onerous and so critical to those people who are livestock raisers and grazers. The are not being subsidized. They are paying their part because they have to spend enormous amounts of time checking traps and doing whatever they do to keep their predator control situation under absolute control. So I say to the gentleman, ``Get out of the county courthouse that you were sitting in so comfortable; get out there and live with a family for a little while that has a predator problem so that you actually understand what predator control means.'' This program also assists those who have trouble going in and out of airports with huge flocks of birds that fly through jet engines and things of that kind. We are using a mental approach and a research approach to solving that problem; lethal means, are used as a last resort. I agree with the gentleman that there ought to be a better system. We had a better system at one time, but it was not looked upon with great favor. In our great wisdom we banned it by executive decree, and I think that was a horrible mistake. So I say to the gentleman and to those who are interested in this particular thing that I sure would appreciate a ``no'' vote because I think it has a devastating effect, and the gentleman, giving him all due credit, does not know what he is talking about. [[Page H6197]] Mr. Chairman, I yield back the balance of my time. Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment. Currently, the Federal Government spends $27 million on the Animal Damage Control Program. Various activities covered under this program include prevention of the spread of rabies and control of bird flocks near airports. I strongly support these programs because they protect human health and safety. However, there are other activities within the ADC program which serve as an unnecessary subsidy to livestock producers. By the Federal Government paying for predator control, livestock owners are not encouraged to deter predators and improve the protection of their herds. By leaving newborn calves and lambs in fields far from the protection of the barn, livstock producers are enticing animals such as wolves, mountain lions, and foxes to prey on this young stock. In addition, the Department of Agriculture is already authorized to levy fees for predator control services but will not do so while the Federal government continues to pay the bills. By cutting this program in half, we will focus the remaining money on the more beneficial programs that protect human health and safety. In these times of budgetary constraints, supporting this amendment will save taxpayer money and provide an incentive for livestock producers to take responsibility for protecting their herds. Mr. FAZIO of California. Mr. Chairman, I rise in opposition to the DeFazio amendment, which would reduce funds for the Animal Damage Control Program of the Animal and Plant Health Inspection Service. This is not a well-known program, but it is an important program for California and the United States. ADC's activities range from preventing bird strikes to aircraft at JFK International Airport in New York, to seeking solutions to the severe problem of canine rabies in Texas, to protecting threatened and endangered species in California. In California, ADC has worked with the U.S. Fish and Wildlife Service to protect the western snowy plover, the California clapper rail, the desert tortoise, and the California least tern. In addition, ADC works with ranchers and grazers to prevent losses due to predation. Losses of sheep and goats due to predation averages approximately $24 million a year. Cattle losses due to predation average approximately $40 million annually. In the absence of an operational ADC program, these losses will increase dramatically. The effect of the DeFazio amendment would be significant and devastating. Seven ADC States offices would be closed, including the gentleman's home State and six other Western States. Twenty ADC district offices will close from Wisconsin to my home State of California. Approximately 200 field positions would be subject to reduction-in-force. Matching cooperative would decrease by 50 percent-- amounting to a $10 million loss in cooperative funding. In short, this is an effective program throughout the United States, and this amendment would severely reduce its effectiveness. I urge my colleagues to oppose the DeFazio amendment. The CHAIRMAN pro tempore (Mr. Linder). The question is on the amendment offered by the gentleman from Oregon [Mr. DeFazio]. The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. recorded vote Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 139, noes 279, not voting 16, as follows: [Roll No. 230] AYES--139 Abercrombie Ackerman Andrews Barrett (WI) Becerra Beilenson Berman Bilbray Bilirakis Blumenauer Blute Bonior Borski Brown (CA) Brown (OH) Bryant (TX) Cardin Castle Chabot Chrysler Coburn Cox Coyne Cummings DeFazio DeLauro Dellums Deutsch Dingell Dixon Doggett Doyle Duncan Ehlers Engel English Eshoo Farr Fawell Filner Flanagan Foglietta Fox Frank (MA) Furse Gejdenson Gephardt Gilchrest Goss Gutierrez Gutknecht Hall (OH) Harman Hinchey Hoekstra Jackson (IL) Johnston Kelly Kennedy (MA) Kennedy (RI) Kennelly Kleczka Klink Klug LaFalce Lantos Levin Lewis (GA) Lipinski Lowey Luther Maloney Manzullo Markey Matsui McCarthy McDermott McHale McKinney McNulty Meehan Meek Menendez Meyers Millender-McDonald Miller (CA) Miller (FL) Mink Moakley Morella Nadler Neal Neumann Obey Olver Owens Payne (NJ) Pelosi Petri Porter Rahall Ramstad Rangel Reed Rivers Roemer Rohrabacher Roth Roukema Roybal-Allard Royce Sabo Sanders Sanford Scarborough Schroeder Schumer Sensenbrenner Serrano Shays Slaughter Smith (NJ) Stark Stearns Stockman Studds Stupak Taylor (MS) Torres Towns Upton Velazquez Vento Wamp Waters Waxman Woolsey Yates Zimmer NOES--279 Allard Archer Armey Bachus Baesler Baker (CA) Baker (LA) Baldacci Ballenger Barcia Barr Barrett (NE) Bartlett Barton Bateman Bentsen Bereuter Bevill Bishop Bliley Boehlert Boehner Bonilla Bono Boucher Brewster Browder Brown (FL) Brownback Bryant (TN) Bunn Bunning Burr Burton Buyer Callahan Camp Campbell Canady Chambliss Chenoweth Christensen Clay Clayton Clement Clinger Coble Coleman Collins (GA) Collins (IL) Collins (MI) Combest Condit Cooley Costello Cramer Crane Crapo Cremeans Cubin Cunningham Danner Davis de la Garza Deal DeLay Diaz-Balart Dickey Dicks Dooley Doolittle Dornan Dreier Dunn Durbin Edwards Ehrlich Ensign Evans Everett Ewing Fattah Fazio Fields (LA) Fields (TX) Flake Foley Forbes Ford Fowler Franks (CT) Franks (NJ) Frisa Frost Funderburk Gallegly Ganske Gekas Geren Gibbons Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Hall (TX) Hamilton Hancock Hansen Hastert Hastings (FL) Hastings (WA) Hayes Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hobson Hoke Holden Horn Hostettler Houghton Hoyer Hunter Hutchinson Hyde Istook Jackson-Lee (TX) Jacobs Jefferson Johnson (CT) Johnson (SD) Johnson, E. B. Johnson, Sam Jones Kanjorski Kaptur Kasich Kildee Kim King Kingston Knollenberg Kolbe LaHood Largent Latham LaTourette Laughlin Lazio Leach Lewis (KY) Lightfoot Linder Livingston LoBiondo Lofgren Longley Lucas Manton Martinez Mascara McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Minge Molinari Mollohan Montgomery Moorhead Murtha Myers Myrick Nethercutt Ney Norwood Nussle Oberstar Ortiz Orton Oxley Packard Pallone Parker Pastor Paxon Payne (VA) Peterson (FL) Peterson (MN) Pickett Pombo Pomeroy Portman Poshard Quillen Quinn Radanovich Regula Richardson Riggs Roberts Rogers Ros-Lehtinen Rose Rush Salmon Sawyer Saxton Schaefer Scott Seastrand Shadegg Shaw Shuster Sisisky Skaggs Skeen Skelton Smith (MI) Smith (TX) Smith (WA) Solomon Souder Spence Spratt Stenholm Stokes Stump Talent Tanner Tate Tauzin Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torricelli Traficant Visclosky Volkmer Vucanovich Walker Walsh Ward Watt (NC) Watts (OK) Weldon (FL) Weldon (PA) Weller White Whitfield Wicker Williams Wilson Wise Wolf Wynn Young (AK) Young (FL) Zeliff NOT VOTING--16 Bass Calvert Chapman Clyburn Conyers Emerson Frelinghuysen Gillmor Inglis Lewis (CA) Lincoln Martini McDade Moran Pryce Schiff {time} 1207 Messrs. KILDEE, FATTAH, and ROSE changed their vote from ``aye'' to ``no.'' Mrs. KENNELLY, Mrs. MEEK of Florida, and Messrs. COX of California, BILBRAY, SCHUMER, LEWIS of Georgia, and NEUMANN changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. personal explanation Mr. MORAN. Mr. Chairman, during rollcall vote No. 230 on H.R. 3603 I was unavoidably detained. Had I been present, I would have voted ``aye.'' personal explanation Mr. MARTINI. Mr. Chairman, this morning during rollcall votes 229 and 230 I was unavoidably detained. Had I been present, I [[Page H6198]] would have voted ``aye'' on rollcall vote No. 229, and ``nay'' on rollcall vote No. 230. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer amendment No. 1. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes, and that the time be equally divided. The CHAIRMAN pro temprore. Is there objection to the request of the gentleman from New Mexico? Mr. KENNEDY of Massachusetts. Mr. Chairman, reserving the right to object, I would ask the gentleman, did he request 10 minutes? Mr. SKEEN. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from New Mexico. Mr. SKEEN. Yes, 10 minutes. Mr. KENNEDY of Massachusetts. Five and five? Mr. SKEEN. Five and five, yes. Mr. KENNEDY of Massachusetts. Mr. Chairman, that is fine with me, and I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each be recognized for 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think many people that saw the news yesterday that Seagrams Liquor Co. is now going to begin advertising directly hard liquor on television, were shocked at that development. In a country that currently is involved in a situation in the United States of America where the No. 1 killer of people under the age of 24 in this country is alcohol and alcohol-related deaths, when we spend $15 billion a year of taxpayer funds to fight the war on drugs, and yet we have the singly most abused drug in this country, alcohol, now killing many, many more Americans than all other drugs combined, we have a tragedy on our hands. We have spent time and time again debating on this floor the need to cut back programs that provide for the education of our children, that provide for the research and development of our country, that provide for the health care of our senior citizens. But in this bill is a hidden subsidy worth millions and millions of dollars to advertise some of the most profitable alcoholic beverages abroad. It is a shame and it is a scam. It ought to come to a stop. In this Market Access Program, we will be spending millions of dollars to advertise Ernest and Julio Gallo, the richest winemakers in the world, who receive $25 million worth of United States taxpayer money to advertise its wine and brandy in Thailand, the Philippines, Canada, and England. Jim Beam got over $2.5 million to push its whiskey abroad. Other whiskey giants like Hiram Walker and Brown-Forman profited from the Market Access Program. The MAP program adds insult to injury by asking the taxpayers to foot the bill of the world's largest foreign alcohol giants. We actually spend money subsidizing Seagrams, the very company that has gone on television yesterday to advertise its hard liquor, we are now subsidizing that Canadian company with United States taxpayer dollars to advertise their products abroad. This is a scandal that ought to come to an end. Mr. Chairman, I would just suggest to the Congress of the United States that it is about time that if we are going to stand up to the senior citizens and tell them we spend too much money on their health care, if we are going to stand up to kids and tell them we spend too much money on their education, if we are going to stand up to the poor and vulnerable and tell them we spend too much money on poverty programs, then we can stand up to the biggest alcohol producers, the biggest winemakers in the world and tell them we are sick and tired of using taxpayers' money to subsidize their profits. {time} 1215 If they want to advertise their alcohol products abroad, let them do it with their own money. Let them stay out of the taxpayer's back pocket. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. I thank the gentleman for yielding time. Mr. Chairman, let me see if I can shed some light on this subject. We are talking about helping export American agricultural products under this program. I am specifically talking about small wine grape growers, most of whom market their products through several large wineries. This is an amendment to help small agriculture. Remember, the European Union spends more on the export promotion of wine than the United States spends promoting all of our agricultural products. They do a great deal to help their growers promote their foreign sales. The European Community wine industries are heavily subsidized to the tune of $1.5 billion, which includes $90 million alone for export promotion. That is the total amount provided for all of agriculture in this bill, if it is not reduced or eliminated. Other countries do even more than the European Union. The Italian Government through its trade commission is funding an additional $25 million for Italian wines alone. So when it comes to the wine industry, the MAP program that we are now debating is a program that helps small business, not visit the giant wineries, not only the names that we have heard bandied about here on the floor. In fact in 1994, for example, 101 wineries participated and 89 of them were small wineries. So there is no question that this is not a subsidy simply to big agriculture or big vintners. We are not talking about people who are purveying distilled spirits. This is wine, a product that we lead not only this hemisphere but this world in the production of a quality product. MAP promotes independent businesses. It is important that 90 percent of the small wine grape growers in this country be given an opportunity to be part of an export promotion program. This amendment would put an end to it. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. FAZIO of California. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. Chairman, I would just like to suggest to the gentleman that if he reads the fine print of this legislation, what he will find is there is a big gap. The gap says that they can put money through the association. It is through those associations that then launder the taxpayers' dollars that then go into the pockets of the biggest wineries in the United States. Ernest and Julio, et cetera. Mr. FAZIO of California. If I could reclaim my time, the people who are involved in this program are putting up half the money. This is not all Government money. Half the money comes from the private sector, both from the wine grape growers through their association and those who make wine and help market the product. This is a program that works for all elements of one of our most successful agricultural industries. If we want to be successful in getting down our trade imbalance, if we want to help small growers, we ought to continue to support this very modest program, which is all we can afford at the present time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. Nethercutt]. Mr. NETHERCUTT. I thank the chairman of the subcommittee for yielding time. [[Page H6199]] Mr. Chairman, I think we have to keep in mind in this debate with respect to the Kennedy amendment that this program helps small farmers. This helps small farmers out in Washington State who, I might say to my friend from California, make the best wine in the world. But also I want the gentleman from Massachusetts to understand that the USDA directs the Market Access Program to small businesses, small farms, small wineries. I do not think we want to cede our industry to the European winemakers. That is what we are really doing here. We are developing a program that allows our Government to contribute some money to competition, unfair competition in my judgment, from foreign governments who assist their winemakers for shelf space. That is really what we are doing. What we are doing is developing a program that allows our products in this country to have some shelf space in foreign markets. That means jobs to Americans. That means jobs to people in my district, small wineries. I urge the rejection of this amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think it is interesting to note that people are talking about how this program assists small vintners. I would anticipate after a vote on this amendment, Mr. Chairman, offering a follow-up amendment that would simply limit the subsidy program to go only to small vintners. As long as the gentlemen that talked so heartily about the need to assist those small vintners would put their vote where their mouth is, I think we might be able to work out a compromise on the underlying issue about whether or not the program should go directly to those small businesses. My true feeling, and I know that the gentleman from Utah [Mr. Hansen] has offered this amendment with me in the past, I wish he was here--I do not think he expected the amendment to come up quite so quickly--is that we do not believe that the U.S. Government ought to be involved in subsidizing alcohol products abroad. That is the fundamental question that is involved with this debate. It is fundamentally, I think, wrong for us to tell people that we do not have money in the coffers of the Federal Government to provide for the health care and the education of our people, but we do have money in the coffers to be able to subsidize alcohol advertising for some of the richest companies in America abroad. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from California [Mr. Farr]. Mr. FARR of California Mr. Chairman, I say to the last speaker, Wake up. We turn on the television set, we see Colombia's Juan Valdez selling us coffee. We see Mexico selling us Corona beer. This is a global market. If we want people to buy American, then we have to tell them what is American. This is a program that requires that the Government match by private funds to advertise and to promote these products abroad. If we are indeed going to sell our products grown in America abroad, we are going to have to maintain this program. I urge a ``no'' vote on the amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time remains on each side? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts and the gentleman from New Mexico each have 30 seconds remaining, and the gentleman from New Mexico [Mr. Skeen] has the right to close. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, I cannot believe that we are hearing Members of Congress that normally speak out so strongly against corporate subsidies and say that is how we ought to balance the budget, all of a sudden switching when it comes to a corporate subsidy that happens to go to the wine industry. Let us listen to Edward Nervo of the Famiglia Nervo Vines and Wines in Sonoma County, CA, who has written to me and said, ``With corporate welfare programs like these, no wonder the biggies get bigger and the small fry end up in the frying pan.'' Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the gentleman from California [Mr. Riggs]. Mr. RIGGS. I thank my distinguished chairman for yielding time. Mr. Chairman, let me just say, first of all, the 5 largest recipients of market access promotion funds purchase over 90 percent of their grapes from small independent grape growers. This is a program that is working. It is a public-private partnership that has been improved by the Congress over the last few years. I just want to remind my colleagues that this same amendment went down to defeat in this House last year on a vote of 268 to 130. The American wine industry and the farmers who depend on that industry need our help to again defeat the Kennedy amendment. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The amendment was rejected. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages unless it is made known to the Federal official having authority to obligate or expend such funds the the promotion activities benefit a small-business concern. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes and that the time be equally divided. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each control 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to commend the chairman of the committee along with my good friend from Illinois, Mr. Durbin, for some language that they inserted in the ag bill last year as a result of the same debate that just took place on the House floor. I shall read what those changes are: The funds shall not be used to provide direct assistance to any nonprofit corporation that is not recognized as a small business concern described in section A of the Small Business Act. Secondly, a cooperative; or, third, an association described in the first section of the Act. Essentially what that is attempting to do is to reform this act so that the big subsidies do not go to the big companies, Seagrams, Ernest and Julio Gallo and the other major vintners and major producers of alcohol that have, I think, very unfairly skimmed money from the American taxpayer while they are making millions and millions of dollars in their exports. The language of this amendment very simply suggests that while what is really occurring is through this trade association loophole, the money is now being funneled through to trade associations and then the trade associations redistribute it to the very big companies. I had a long talk last evening with the Department of Agriculture about this loophole that is contained in the law. All that this amendment would do would be to extend the small business criteria to any funds that get funneled through the trade association to make sure that the concerns of my good friend from California, who is so very worried about those small vintners, will actually make sure the money goes to those small vintners. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Dooley]. [[Page H6200]] Mr. DOOLEY. Mr. Chairman, I rise in strong opposition to this amendment. What the market Assistance Program is all about is trying to ensure that U.S. farmers get their fair share of expanding export markets. What the gentleman from Massachusetts [Mr. Kennedy] is trying to do now is define a different criteria and that we try to say that only small businesses are going to be involved in achieving those expanded markets. As a farmer and as any grape farmer or wine grape grower out there will say, what is important is to increase the sales of wine. What is important is to assure that U.S. wineries have a fair playing field when they take on the European Union and the 6-to-1 advantage that they have in export promotion over U.S. wineries. What we would be doing in this case if we limit the money on where it goes, we would be saying to that small grower who is growing grapes that is selling them to a larger winery that they are not ever going to benefit from the Market Assistance Program. We would be saying to that winery out there and that winery who might be owned by an individual that might be farming 10,000 acres but has his own winery that he is going to benefit from the Market Assistance Program. That is not fair. What we are trying to do is to ensure that that average wine grape grower in California, or other parts of the country, that grows less than 100 acres of wine that they will have a tool that will ensure that U.S. wine will be at a competitive advantage or have a fair playing field when we take on the winemakers and the wine grape growers of the European Union. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. DOOLEY. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Does the gentleman really believe that we should be providing Government tax subsidies to the richest companies in the U.S. regardless of what their profit lines are? Mr. DOOLEY. Reclaiming my time, what the issue is is that the U.S. farmer have fair access. In a perfect world if the European Union were not spending six times the amount that the U.S. Government was to provide exports, then we would not need this program. But if we want to ensure that the U.S. farmer has a level playing field, this Government needs to stand behind them, and that is what the Market Assistance Program does. Mr. KENNEDY of Massachusetts. May I inquire of the Chair how much time remains on each side? The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] has 3 minutes remaining and the gentleman from New Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would just like to suggest that I do think that we ought to have some kind of test in this program as to whether or not companies who are making tens of millions of dollars worth of profit and then coming in and reaching into the back pocket of the taxpayer and asking us to subsidize them when they are already making all these dollars. {time} 1230 The real question is whether we should be promoting alcohol products abroad to begin with, but if we are to do it and we have to do it because the Europeans are subsidizing their industry, I say fine, but let us not go out and needlessly line the pockets of companies that are already making tens of millions of dollars' worth of profits. Come on, Congress of the United States, stand up to the wine lobby. That is what this is all about. Just for once say to the wine lobby, look, we will accept that we are going to help out the little guy, but let us not go out there and line the pockets of the richest wine companies. These are people that for all the time have gone out and gotten all the farm workers picking the grapes and all the rest of it. They make plenty of profits. Let us stand up to them, for crying out loud. Have a little heart, have a little soul, and stand up to the big boys every once in a while. It is good for the soul. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. Mr. Chairman, first of all, I would say to the gentleman from Massachusetts that the Department of Agriculture and the Department of Health and Human Services say that a little wine in each individuals' daily diet is healthy for them. So exporting wine is something we should not be ashamed of. We should be proud of it, and we should be out there competing with the rest of the world. But the point the gentleman does not get is that we are talking about small growers who own 30, 40, or 50 acres. They are not the ones who make wine and send it overseas. They have to have a winery buy their product. We are trying to help, as the gentleman from California [Mr. Riggs] said, 90 percent of the small grape growers in this country to find a home for their product. They will find it in many cases domestically but we are expanding our international markets, and we are doing it with a cooperative program that is shared between those who profit and the taxpayer who profits even more by a modest investment in terms of income producing tax paying jobs. And I can tell the gentleman, in this MAP Program we get back $16 in agricultural exports for every dollar that we spend. So please understand we are talking about small farmers here and a benefit for taxpayers as well. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time do I have remaining? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts [Mr. Kennedy] has 2 minutes remaining and the gentleman from new Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I want to address my comments to my good friend from California, Mr. Fazio. The truth is that all this amendment does is limit it to small businesses. All we are saying is if the gentleman is truly concerned about small businesses and the small vendor, then he should be supportive of this amendment. This amendment simply says that the trade association funding can only go to businesses that will qualify under the Small Business Act as small business. Instead of the big boys, the little guy. Mr. FAZIO of California. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from California. Mr. FAZIO of California. Mr. Chairman, I would note, as the gentleman from California [Mr. Dooley] said, a winery may be called a small business but 90 percent of the grapes grown by farmers move through the five largest wineries. So the gentleman is not helping the grower if he makes this distinction. He is trying to do something that is a worthy cause, but he is missing by a mile. Mr. KENNEDY of Massachusetts. Mr. Chairman, reclaiming my time, the truth of the matter is, if these people are part of a trade association they still have access. What this bill does is limit the ability of the trade associations to go about providing big subsidies to the biggest wine companies. It does not, in fact, stop us from providing small businesses with the ability to gain access to the program. I think the whole program is crazy, but I think it is even crazier to suggest that what we will do is continue to skip a loophole open that provides all this money to go to the biggest companies in the country. Mr. FAZIO of California. Mr. Chairman, if the gentleman will continue to yield, the craziest thing we could do would be to eliminate 90 percent of the wine grape growers, who are small farmers. They do not make wine and do not export it. They need private sector help to do it. and this program provides the partnership to do it. Mr. KENNEDY of Massachusetts. Mr. Chairman, the truth of the matter is, this will have absolutely no impact. And if the gentleman talks to people seriously about the impact of this whole MAP program, it will not have a penny's worth of difference in terms of what the actual sales are. The gentleman and I both know we can produce wine. People want to buy the wine and will produce the wine, and it has nothing to do with the small amount of subsidies that end up going into this program. It is the principle of the fact that we are providing taxpayer [[Page H6201]] dollars, millions and millions of dollars worth of taxpayer funds, that go into the back pocket of the biggest companies. That is a scam and a scandal that ought to be dealt with. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Riggs], the remainder of my time. Mr. RIGGS. Mr. Chairman, I wish the gentleman from Massachusetts could devote so much time and energy to helping us address the competitive and trade disadvantage that our wine exports have against Chilean and European wines. But the gentleman was correct when he said last year in conference we restructured the MPP, now known as the Market Access Program, to restrict direct participation of for-profit corporations that are not small businesses while requiring a direct match from any small business that participates in this program. These reforms should silence this unwarranted criticism of the Market Access Program. The accusations that corporations are advertising products at taxpayers expense are simply not true. The primary emphasis of this program, as has been pointed out repeatedly over the last few minutes of debate, is toward the small family farmer. Historically, 60 percent of market access promotion funds have gone to generic advertising; the remaining 40 percent is allocated to brand promotion, with priority again given to small entities. I quote from the act: In addition, a sizable number of large corporations receiving market access promotion moneys are actually grower cooperatives. All benefits those organizations derive from brand assistance under this program are directly returned to their grower members, who themselves tend to be small and medium sized operations. Mr. WARD. Mr. Chairman, will the gentleman yield? Mr. RIGGS. I yield to the gentleman from Kentucky. (Mr. WARD asked and was given permission to revise and extend his remarks.) Mr. WARD. Mr. Chairman, I rise in opposition to the amendment. Mr. RIGGS. Mr. Chairman, I wanted to conclude by saying the Market Access Program is not corporate welfare; it is a valuable resource for America's small farmers to compete in highly restrictive foreign markets. In fact, this program is pro-trade, pro-growth, and pro-jobs. Ms. WOOLSEY. Mr. Chairman, although I have the utmost respect for the gentleman from Massachusetts, unfortunately, I must rise in strong opposition to this amendment. I must do so because this amendment directly and unfairly targets my constituents in Sonoma and Marin Counties, CA, who produce some of the world's finest wine. If this amendment passes, however, their world- famous wine would no longer be able to compete in the world market. This amendment would devastate the small wine producers in my district, who rely upon Federal export assistance to enter and compete in the global marketplace. Unlike Europe and South America, U.S. wine producers receive no production subsidies whatsoever. Furthermore, our competitors outspend the United States in export subsidies by more than 6 to 1! Mr. Chairman, small California wineries cannot compete in such a lopsided marketplace without some assistance. And let there be no mistake, this amendment targets small, family-owned businesses--89 out of 101 wineries that participate in the Market Access Program are small wineries. The Kennedy amendment takes this critical assistance away from small wine producers and, in doing so, It takes away jobs; it takes away trade; and, it takes away fairness. Mr. Chairman, we should be working today to help export California wine, Not California's jobs. Vote ``no'' on the Kennedy amendment. The CHAIRMAN pro tempore. All time for debate has expired. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. KENNEDY of Massachusetts. Mr. Chairman, I demand a recorded vote, and pending that, I make a point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to the rule, further proceedings on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy] will be postponed. The point of no quorum is considered withdrawn. The Chairman pro tempore. Are there further amendments? Amendment Offered by Mr. KOLBE Mr. KOLBE. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kolbe: At the appropriate place in the bill, insert the following new section: Sec. . None of the funds made available in this Act may be used to administer a peanut program that maintains a season average farmers stock price for the 1997 crop of quota peanuts in excess of $640 per ton. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 20 minutes with the time being equally divided and to roll the vote. Mrs. CLAYTON. Mr. Chairman, I object. The CHAIRMAN pro tempore. Objection is heard. The gentleman from Arizona [Mr. Kolbe] is recognized for 5 minutes. Mr. KOLBE. Mr. Chairman, I rise to offer this amendment with the gentlewoman from New York [Mrs. Lowey]. It is an amendment that simply carries out the intent of Congress on the peanut program. The farm bill, the Freedom to Farm Act, made some extremely modest changes to the peanut program. The change that was supposed to benefit consumers was a 10 percent reduction in support prices from $678 to $610. This amendment would ensure that the price of quota peanuts would actually be $610 per ton, as approved in the recently passed farm bill. Now, why is this amendment necessary, if all we are doing is seeking to implement what the farm bill said we were going to do? It is necessary because the Secretary of Agriculture, not without reason, since he represents agricultural interests, has chosen to administer this program in a way that makes sure that peanut prices will continue to stay at previous, much higher levels. The Secretary was able to do this, to keep the peanut pries high, by announcing a national peanut quota production level that is going to be at least 100,000 tons less than the projected domestic demand. In other words, the Government is creating an artificial shortage. Mr. Chairman, what we have is a Government-created artificial shortage of peanuts and, thus, a consequent higher price for peanuts. That is contrary clearly to what we intended to do in the farm bill. At a time when we have a peanut industry that is certainly in a serious state of decline, with peanut consumption dramatically declining over the last 5 years, it does not seem to me that we can afford to let bad government policy excessively inflate the prices for domestic consumers. Inflate the prices, I might add, to what is now double, double, the export price. The domestic price of peanuts is double what our producers get when they sell it into the export markets. In other words, we have this artificially created price. Even at $610 a ton, which we are not going to get to because of this reduction in the quota, U.S. peanuts are 33 percent above the world price of $350 per ton. So this amendment on

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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997
(House of Representatives - June 12, 1996)

Text of this article available as: TXT PDF [Pages H6194-H6236] AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997 The Committee resumed its sitting. Mr. SKEEN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon [Mr. Cooley]. Mr. COOLEY. Mr. Chairman, the Animal Damage Control Program represents one of the most efficient and cost-effective programs within the U.S. Department of Agriculture. It benefits the general public as well as the agricultural industry. Without animal damage control, studies have indicated that agriculture's annual losses would total in excess of $1 billion. In 1994 in Oregon alone, the National Agricultural Statistics Service estimated that 4,275 sheep and 15,200 lambs were lost to predators. What kind of signal are we sending to these ranchers? When urban residents are robbed of their private property, they rely on publicly financed services to regain their property. It this a subsidy to private property owners? Is the taking of private property in the East worthy of publicly financed services, while in the West it is not? Mr. Chairman, ranchers are hard-working, tax-paying citizens who contribute mightily to their communities. And the Animal Damage Control Program is a tool they rely on to maintain a successful operation. It should be protected. Oppose the DeFazio amendment. Mr. Chairman, I oppose the DeFazio amendment, and I want to state that predator control is not only a western issue; it is an issue throughout the entire country. I think that we need to retain this program because we retained other predator control programs that pertain to our police protection. This is just another form of that, and we need it. Mr. DeFAZIO. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Brown]. (Mr. BROWN of California asked and was given permission to revise and extend his remarks.) Mr. BROWN of California. Mr. Chairman, I rise in strong support of the DeFazio amendment that would cut $13.4 million from the fiscal year 1997 budget for animal damage control. Mr. Chairman, I ask the indulgence of my good friend, the chairman of the committee, to understand my position because I hope I understand his. I have a small spread in California. I engage in predator control. I believe in predator control. I will not describe the type of predator control that I use, but I think it is reasonably effective. What I am suggesting here in this effort to cut the budget for animal damage control is that we can do this job more effectively and in a more principled fashion than we do. I believe in strong cooperation on the part of the Government, the Department of Agriculture in this case, to help the farmers, ranchers, and other people of this country. I have demonstrated that time after time. On the other hand, I do not believe in an unnecessary and less than beneficial subsidy that is being used to support this program. As I think we all know, the Department of Agriculture is authorized to levy fees to support this program, but have never used that authority. We move in that direction in almost every other area in which we are providing services to a segment of the business community, and it is my view that we should be moving in this direction as far as the Animal Damage Control Program is concerned. In previous legislation the Congress has indicated that there are preferred ways to carry out this operation and they do not require the extensive use of the kinds of traps, snares, poisons, aerial hunting, and other things that are going on today under the name of controlling animal damage. There are more effective ways, and the Congress has directed that these be used. We have GAO reports that the ADC has been using these methods that I [[Page H6195]] have described in essentially all instances, despite the Department's written policies and procedures which call for preference to be given to nonlethal methods. Now I confess that I am an unabashed animal lover and like to protect their lives where possible, and I think in this case we can achieve the control of predator damage by the use of nonlethal technologies, and that we can do it cheaper and we can distribute the costs of doing this in a more equitable fashion by levying fees which would be levied on the people who get the benefit from the program. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming [Mrs. Cubin]. Mrs. CUBIN. Mr. Chairman, I rise in opposition to the pending amendment which would reduce funding to the Animal Damage Control Program. Mr. Chairman, I think that this amendment is at the very best uninformed, and possibly at the worst, mean-spirited. When we talk about predators, we are not talking only about coyotes, we are talking about the wolf which has been introduced into Wyoming, into my State, which is an endangered species. The grizzly bear is an endangered species. Eagles and hawks, many of them are endangered species. We do not have any right or any will to kill these predators, and we cannot legally do that to protect our livestock. I believe in predator control, but when an endangered animal, an endangered species kills some livestock, the only way that the owner of that livestock can get compensated is through the Animal Damage Control Program. {time} 1130 I would suggest that, if the gentleman who offered the amendment had a dog that was worth $10,000 and this dog was in his very own yard, and there are bulls that are worth that much, much more than $10,000, but this dog was in its very own yard and my dog went over and killed his dog, then he would say that I ought to be responsible to pay him back for the value of his dog. This is all this predator control program does. If a species or if a predator, including an endangered species, kills a cow, a bull, a sheep, whatever, all we are asking is that a portion, a very small portion of the value of that livestock be given back to the owner of the livestock. That is what we are asking. This is not a subsidy. It is merely paying someone for a small portion of what is rightfully theirs. The animal loss in the livestock industry is enormous, as the gentleman from Oregon [Mr. Cooley] stated earlier. Aside from the livestock issues, there have also been wildlife losses, not just in Wyoming but in Oregon and across the western United States, due to predation. It is the livestock producers who, by controlling predators, who keep the burgeoning numbers of coyotes, foxes, mountain lions, and brown bears down, who have provided the most protection for wildlife, which are preyed upon by these same destructive animals. The Animal Defense Control Program is the last line of defense for the wildlife that we enjoy and that everyone wants to preserve in our State. If Members have any real interest in protecting wildlife, they will vote against this amendment, because the ranchers and the livestock growers are the ones who are helping control the predators, and they need the animal control money to enable them to do that. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The issue here is a subsidy, subsidy. That side of the aisle is consistently against government programs and subsidies except when it goes to their own parochial interests. This bill does nothing, nothing to prevent predator control by individuals, by counties, by States. As I said previously, when I was a county commissioner, we canceled the predator control program, walked away from the Federal match. They engaged in private predator control, and the losses did not go up. But that is the issue here. Will we continue a $13.4 million subsidy to a selected few of the livestock producers in the Western United States? As I stated earlier, yes, the losses are largely due to predation. Almost 3 percent of the losses last year were due to predation. The other 97 percent were due to a number of causes, some of which are not preventable, like weather, but others which could be preventable with research, like respiratory problems, 27 percent; digestive problems, 25 percent. Fifty-two percent of the losses in this industry were due to respiratory and digestive problems. Maybe we should invest this money in our veterinary schools. Maybe we should invest it in a vaccination program for livestock. I do not know. But there would be a heck of a lot better return than the 3 percent that was due to predation. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 4 minutes to the gentleman from Texas [Mr. Bonilla]. Mr. BONILLA. Mr. Chairman, I thank my friend from New Mexico for yielding time to me. Mr. Chairman, I rise in strong opposition to the DeFazio amendment. It is bad news, it is bad news for agriculture. It is bad news for consumers. It is bad news for the environment. And it is bad news for America's children. Here is the bad news the DeFazio amendment has for agriculture. In 1994, 520,000 sheep and lamb were killed by predators, direct losses to agriculture from wildlife damage totaled $461 million. The DeFazio amendment says too bad, so sad, let us increase these losses. The DeFazio amendment would cut animal damage control that is essential for the continued viability for many American ranches already battered by the drought. Let us not forget about the drought. The DeFazio amendment would punish these ranchers with increased losses. My friends, that is wrong, it is just plain wrong. Here is the bad news the DeFazio amendment has for consumers. Higher grocery bills are on the way for millions of American families struggling to make ends meet. These higher costs are courtesy of the DeFazio amendment which will increase predator damage and reduce supply. At the same time, ADC plays a vital role in the safety of millions of air travelers. By 1991, 635 airports participated in the ADC program. The importance was illuminated when a bird strike at Kennedy Airport in New York caused severe damage to a plane and, more importantly, threatened the lives of 300 passengers. The DeFazio amendment says so sad, too bad, we should accept this level of risk. That is wrong. It is plain wrong. We should reject this amendment for that reason as well. Here is bad news the DeFazio amendment has for the environment. ADC activities protect threatened and endangered species from predators. The black footed ferret, the San Joaquin kit fox, the desert tortoise, the Aleutian Canadian goose might well be extinct were it not for ADC protection from predators. The DeFazio amendment says too bad, so sad, we may as well terminate these species. That is wrong, plain wrong, another reason to reject this amendment. Finally, and most troubling, the DeFazio amendment delivers bad news to America's children. Rabies is rearing its horrifying face across America. Between 1988 and 1992, rabies cases have doubled. New York reported 1,761 new cases, while 640 of my fellow Texans were treated for rabies. Predators also directly threaten our youth. In Los Angeles, a 3-year-old girl was killed in her front yard by a coyote. ADC fights these threats. The DeFazio amendment tells us not to worry about the predator threat. It is not important, too bad, so sad. This is wrong. We should reject the DeFazio amendment. If we care about either agriculture, consumers, the environment or children, we should stand strong and reject the DeFazio amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume. The gentleman should read the amendment before he rises with such extraordinary charges that the amendment will be responsible for the collapse of American democracy and the final victory of the totalitarian Soviet state, which I think was part of the statement there. It has exceptions for human health and safety. It has exceptions for endangered or threatened species. The endangered, threatened species are often dealt with in a better manner by fish [[Page H6196]] and wildlife, who has a line item in their budget. All this does is eliminate a subsidy for a ridiculous anachronistic program first implemented in 1931 that has no discernible impact. It has had an impact, and it is inadvertent, against nontarget species, poisoning of nontarget species, the destruction of predators which, like coyotes, in many cases prey on rodents or on groundhogs and gophers and things which cause problems with pastures and with horses breaking their legs. So the gentleman, by killing coyotes, is responsible for people whose horses have put their legs in gopher holes, broken them, fallen and then been killed. I will not make that charge, but his charges were equally irresponsible. This is an absurd subsidy to a selected few, a very small percentage of privileged western livestock producers. It is something that if they need, they can contract for themselves without a subsidy from the U.S. taxpayers to continue this ineffective and indiscriminate program. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from Texas [Mr. Stenholm]. Mr. STENHOLM. Mr. Chairman, I rise in opposition to this amendment. I have listened attentively to much of the debate. I think that the proponent of this amendment is completely overlooking the reason why some of us believe that it is a good program. If you have ever talked to a rancher that has lost 200, 300, 400, or 500 kid goats, baby goats just born, if you have talked to ranchers that have lost 200 or 300 or 400 baby lambs that have just been born, then the 3-percent figure in the Nation makes no sense whatsoever to that individual. This program is designed to take care of a problem. When there is no problem, when you do not have an undue number of coyotes or other predator animals in an area, you do not have a program. But when you do have one, and it becomes a problem, then you have a need for a program, and it does not just benefit the rancher. Living in my part of the country today, as my friend and neighbor from San Antonio just pointed out, rabies, we have a serious problem that we are trying to contain and control. It is spread by coyotes and bobcats. And it is a problem that is now coming within the city limits of some of our towns in the southern part of Texas. This program, as it is designed, is designed to be a responsible way to deal with problems like this. So I would hope that my colleagues, both sides of the aisle, would not support this amendment. It does nothing other than create some tremendous economic problems for certain ranchers, and it is not just in the far west, it is in Texas, it is in Oklahoma, it is in New Mexico, in all areas in which you have for whatever reason a problem with predatory animals. I would hope that Members would not support this amendment. I think the committee has done a very responsible job. They have had a difficult time with the amount of moneys available. They have put the moneys where they believe is in the best and highest priority. I believe that it is something that almost every one of us can find a way to justify and support. The CHAIRMAN pro tempore (Mr. Linder). The gentleman from New Mexico [Mr. Skeen] has 3\1/2\ minutes remaining and has the right to close, and the gentleman from Oregon [Mr. DeFazio] has 2 minutes remaining. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have had a lot of red herrings drug across the floor here. Rabies is not affected by this amendment. Human health and safety activities are totally exempt. Whether it is rabid animals or problem animals, those things can still be taken care of by ADC. We have heard about environmental concerns from the other side. I am pleased to finally hear environmental concerns from the other side from the gentleman from Texas, maybe not a first but definitely somewhat unprecedented. We accommodate endangered and threatened species in this amendment. It does not affect control efforts that deal with the preservation or safety of endangered or threatened species. Quite simply, the amendment goes to the heart of this issue, which is, should the U.S. taxpayers subsidize a program of poisoning, baiting, killing, shooting from airplanes and others of predator species that may or may not be a particular problem, should they continue to avoid their mandate that they use other controls, should we spend $14 million doing this? Maybe we should go out and have a Federal program to acquire dogs. We could buy Great Pyrenees, kuvasz, Komondors, Bouvier des Flandres. You can get a heck of a lot of them for $14 million, and if they live 10 years, we would not have to spend any more money. The issue is, many ranchers have become dependent upon practices that are not the most prudent practices, to have calving or birthing of lambs in areas that are problem areas without any herders present, without themselves being present. As we saw earlier, actually more of the livestock die with calving problems, 17 percent, than with the predation problems, 3 percent. But in any case, they are saying we need this program. If they need the program, they should pay for it themselves. They should go to their county or State, have the county or State pay for it. It is time to put this Federal anachronism to bed. At a time when we are cutting back on every other program here in order to get to a balanced budget, we should no longer subsidize the indiscriminate killing by the animal disease control people and we should continue in the areas of health, safety, airports, and endangered species. Mr. SKEEN. Mr. Chairman, I yield myself the balance of my time. Let me say to the gentleman, who is existing in oblivious and euphoric unawareness, that is the closest I can come to being real kind about this issue, I understand his problem. He feels so good that he is cutting money. Let me say to the gentleman, by cutting funding for the program there will not be any personnel available to take care of the health and safety issues that he is espousing because that is built into the program. {time} 1145 I ask the Members to vote ``no'' on this issue. Let us go back a little bit in history. We had the perfect answer to the kind of predatory control in the United States at one time with the formula known as 1080. It did not cost near as much as it does for the program that we have today because it took care of the problem. It was benign and it was species-specific. But, no, the animal rights people decided that this was a lethal method that was objectionable to them, and we did away with it, we banned, the use of 1080 in Western ranges. So they came up with this program, and it is a participation program in which ranchers, farmers, and others put up money, that is to some degree, matching the Federal funding that is involved. Yes, we want to cut the budget, and how, but we need to take care of a problem that is so onerous and so critical to those people who are livestock raisers and grazers. The are not being subsidized. They are paying their part because they have to spend enormous amounts of time checking traps and doing whatever they do to keep their predator control situation under absolute control. So I say to the gentleman, ``Get out of the county courthouse that you were sitting in so comfortable; get out there and live with a family for a little while that has a predator problem so that you actually understand what predator control means.'' This program also assists those who have trouble going in and out of airports with huge flocks of birds that fly through jet engines and things of that kind. We are using a mental approach and a research approach to solving that problem; lethal means, are used as a last resort. I agree with the gentleman that there ought to be a better system. We had a better system at one time, but it was not looked upon with great favor. In our great wisdom we banned it by executive decree, and I think that was a horrible mistake. So I say to the gentleman and to those who are interested in this particular thing that I sure would appreciate a ``no'' vote because I think it has a devastating effect, and the gentleman, giving him all due credit, does not know what he is talking about. [[Page H6197]] Mr. Chairman, I yield back the balance of my time. Mr. PORTER. Mr. Chairman, I rise in strong support of this amendment. Currently, the Federal Government spends $27 million on the Animal Damage Control Program. Various activities covered under this program include prevention of the spread of rabies and control of bird flocks near airports. I strongly support these programs because they protect human health and safety. However, there are other activities within the ADC program which serve as an unnecessary subsidy to livestock producers. By the Federal Government paying for predator control, livestock owners are not encouraged to deter predators and improve the protection of their herds. By leaving newborn calves and lambs in fields far from the protection of the barn, livstock producers are enticing animals such as wolves, mountain lions, and foxes to prey on this young stock. In addition, the Department of Agriculture is already authorized to levy fees for predator control services but will not do so while the Federal government continues to pay the bills. By cutting this program in half, we will focus the remaining money on the more beneficial programs that protect human health and safety. In these times of budgetary constraints, supporting this amendment will save taxpayer money and provide an incentive for livestock producers to take responsibility for protecting their herds. Mr. FAZIO of California. Mr. Chairman, I rise in opposition to the DeFazio amendment, which would reduce funds for the Animal Damage Control Program of the Animal and Plant Health Inspection Service. This is not a well-known program, but it is an important program for California and the United States. ADC's activities range from preventing bird strikes to aircraft at JFK International Airport in New York, to seeking solutions to the severe problem of canine rabies in Texas, to protecting threatened and endangered species in California. In California, ADC has worked with the U.S. Fish and Wildlife Service to protect the western snowy plover, the California clapper rail, the desert tortoise, and the California least tern. In addition, ADC works with ranchers and grazers to prevent losses due to predation. Losses of sheep and goats due to predation averages approximately $24 million a year. Cattle losses due to predation average approximately $40 million annually. In the absence of an operational ADC program, these losses will increase dramatically. The effect of the DeFazio amendment would be significant and devastating. Seven ADC States offices would be closed, including the gentleman's home State and six other Western States. Twenty ADC district offices will close from Wisconsin to my home State of California. Approximately 200 field positions would be subject to reduction-in-force. Matching cooperative would decrease by 50 percent-- amounting to a $10 million loss in cooperative funding. In short, this is an effective program throughout the United States, and this amendment would severely reduce its effectiveness. I urge my colleagues to oppose the DeFazio amendment. The CHAIRMAN pro tempore (Mr. Linder). The question is on the amendment offered by the gentleman from Oregon [Mr. DeFazio]. The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. recorded vote Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 139, noes 279, not voting 16, as follows: [Roll No. 230] AYES--139 Abercrombie Ackerman Andrews Barrett (WI) Becerra Beilenson Berman Bilbray Bilirakis Blumenauer Blute Bonior Borski Brown (CA) Brown (OH) Bryant (TX) Cardin Castle Chabot Chrysler Coburn Cox Coyne Cummings DeFazio DeLauro Dellums Deutsch Dingell Dixon Doggett Doyle Duncan Ehlers Engel English Eshoo Farr Fawell Filner Flanagan Foglietta Fox Frank (MA) Furse Gejdenson Gephardt Gilchrest Goss Gutierrez Gutknecht Hall (OH) Harman Hinchey Hoekstra Jackson (IL) Johnston Kelly Kennedy (MA) Kennedy (RI) Kennelly Kleczka Klink Klug LaFalce Lantos Levin Lewis (GA) Lipinski Lowey Luther Maloney Manzullo Markey Matsui McCarthy McDermott McHale McKinney McNulty Meehan Meek Menendez Meyers Millender-McDonald Miller (CA) Miller (FL) Mink Moakley Morella Nadler Neal Neumann Obey Olver Owens Payne (NJ) Pelosi Petri Porter Rahall Ramstad Rangel Reed Rivers Roemer Rohrabacher Roth Roukema Roybal-Allard Royce Sabo Sanders Sanford Scarborough Schroeder Schumer Sensenbrenner Serrano Shays Slaughter Smith (NJ) Stark Stearns Stockman Studds Stupak Taylor (MS) Torres Towns Upton Velazquez Vento Wamp Waters Waxman Woolsey Yates Zimmer NOES--279 Allard Archer Armey Bachus Baesler Baker (CA) Baker (LA) Baldacci Ballenger Barcia Barr Barrett (NE) Bartlett Barton Bateman Bentsen Bereuter Bevill Bishop Bliley Boehlert Boehner Bonilla Bono Boucher Brewster Browder Brown (FL) Brownback Bryant (TN) Bunn Bunning Burr Burton Buyer Callahan Camp Campbell Canady Chambliss Chenoweth Christensen Clay Clayton Clement Clinger Coble Coleman Collins (GA) Collins (IL) Collins (MI) Combest Condit Cooley Costello Cramer Crane Crapo Cremeans Cubin Cunningham Danner Davis de la Garza Deal DeLay Diaz-Balart Dickey Dicks Dooley Doolittle Dornan Dreier Dunn Durbin Edwards Ehrlich Ensign Evans Everett Ewing Fattah Fazio Fields (LA) Fields (TX) Flake Foley Forbes Ford Fowler Franks (CT) Franks (NJ) Frisa Frost Funderburk Gallegly Ganske Gekas Geren Gibbons Gilman Gonzalez Goodlatte Goodling Gordon Graham Green (TX) Greene (UT) Greenwood Gunderson Hall (TX) Hamilton Hancock Hansen Hastert Hastings (FL) Hastings (WA) Hayes Hayworth Hefley Hefner Heineman Herger Hilleary Hilliard Hobson Hoke Holden Horn Hostettler Houghton Hoyer Hunter Hutchinson Hyde Istook Jackson-Lee (TX) Jacobs Jefferson Johnson (CT) Johnson (SD) Johnson, E. B. Johnson, Sam Jones Kanjorski Kaptur Kasich Kildee Kim King Kingston Knollenberg Kolbe LaHood Largent Latham LaTourette Laughlin Lazio Leach Lewis (KY) Lightfoot Linder Livingston LoBiondo Lofgren Longley Lucas Manton Martinez Mascara McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Minge Molinari Mollohan Montgomery Moorhead Murtha Myers Myrick Nethercutt Ney Norwood Nussle Oberstar Ortiz Orton Oxley Packard Pallone Parker Pastor Paxon Payne (VA) Peterson (FL) Peterson (MN) Pickett Pombo Pomeroy Portman Poshard Quillen Quinn Radanovich Regula Richardson Riggs Roberts Rogers Ros-Lehtinen Rose Rush Salmon Sawyer Saxton Schaefer Scott Seastrand Shadegg Shaw Shuster Sisisky Skaggs Skeen Skelton Smith (MI) Smith (TX) Smith (WA) Solomon Souder Spence Spratt Stenholm Stokes Stump Talent Tanner Tate Tauzin Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torricelli Traficant Visclosky Volkmer Vucanovich Walker Walsh Ward Watt (NC) Watts (OK) Weldon (FL) Weldon (PA) Weller White Whitfield Wicker Williams Wilson Wise Wolf Wynn Young (AK) Young (FL) Zeliff NOT VOTING--16 Bass Calvert Chapman Clyburn Conyers Emerson Frelinghuysen Gillmor Inglis Lewis (CA) Lincoln Martini McDade Moran Pryce Schiff {time} 1207 Messrs. KILDEE, FATTAH, and ROSE changed their vote from ``aye'' to ``no.'' Mrs. KENNELLY, Mrs. MEEK of Florida, and Messrs. COX of California, BILBRAY, SCHUMER, LEWIS of Georgia, and NEUMANN changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. personal explanation Mr. MORAN. Mr. Chairman, during rollcall vote No. 230 on H.R. 3603 I was unavoidably detained. Had I been present, I would have voted ``aye.'' personal explanation Mr. MARTINI. Mr. Chairman, this morning during rollcall votes 229 and 230 I was unavoidably detained. Had I been present, I [[Page H6198]] would have voted ``aye'' on rollcall vote No. 229, and ``nay'' on rollcall vote No. 230. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer amendment No. 1. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes, and that the time be equally divided. The CHAIRMAN pro temprore. Is there objection to the request of the gentleman from New Mexico? Mr. KENNEDY of Massachusetts. Mr. Chairman, reserving the right to object, I would ask the gentleman, did he request 10 minutes? Mr. SKEEN. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from New Mexico. Mr. SKEEN. Yes, 10 minutes. Mr. KENNEDY of Massachusetts. Five and five? Mr. SKEEN. Five and five, yes. Mr. KENNEDY of Massachusetts. Mr. Chairman, that is fine with me, and I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each be recognized for 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think many people that saw the news yesterday that Seagrams Liquor Co. is now going to begin advertising directly hard liquor on television, were shocked at that development. In a country that currently is involved in a situation in the United States of America where the No. 1 killer of people under the age of 24 in this country is alcohol and alcohol-related deaths, when we spend $15 billion a year of taxpayer funds to fight the war on drugs, and yet we have the singly most abused drug in this country, alcohol, now killing many, many more Americans than all other drugs combined, we have a tragedy on our hands. We have spent time and time again debating on this floor the need to cut back programs that provide for the education of our children, that provide for the research and development of our country, that provide for the health care of our senior citizens. But in this bill is a hidden subsidy worth millions and millions of dollars to advertise some of the most profitable alcoholic beverages abroad. It is a shame and it is a scam. It ought to come to a stop. In this Market Access Program, we will be spending millions of dollars to advertise Ernest and Julio Gallo, the richest winemakers in the world, who receive $25 million worth of United States taxpayer money to advertise its wine and brandy in Thailand, the Philippines, Canada, and England. Jim Beam got over $2.5 million to push its whiskey abroad. Other whiskey giants like Hiram Walker and Brown-Forman profited from the Market Access Program. The MAP program adds insult to injury by asking the taxpayers to foot the bill of the world's largest foreign alcohol giants. We actually spend money subsidizing Seagrams, the very company that has gone on television yesterday to advertise its hard liquor, we are now subsidizing that Canadian company with United States taxpayer dollars to advertise their products abroad. This is a scandal that ought to come to an end. Mr. Chairman, I would just suggest to the Congress of the United States that it is about time that if we are going to stand up to the senior citizens and tell them we spend too much money on their health care, if we are going to stand up to kids and tell them we spend too much money on their education, if we are going to stand up to the poor and vulnerable and tell them we spend too much money on poverty programs, then we can stand up to the biggest alcohol producers, the biggest winemakers in the world and tell them we are sick and tired of using taxpayers' money to subsidize their profits. {time} 1215 If they want to advertise their alcohol products abroad, let them do it with their own money. Let them stay out of the taxpayer's back pocket. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 3 minutes to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. I thank the gentleman for yielding time. Mr. Chairman, let me see if I can shed some light on this subject. We are talking about helping export American agricultural products under this program. I am specifically talking about small wine grape growers, most of whom market their products through several large wineries. This is an amendment to help small agriculture. Remember, the European Union spends more on the export promotion of wine than the United States spends promoting all of our agricultural products. They do a great deal to help their growers promote their foreign sales. The European Community wine industries are heavily subsidized to the tune of $1.5 billion, which includes $90 million alone for export promotion. That is the total amount provided for all of agriculture in this bill, if it is not reduced or eliminated. Other countries do even more than the European Union. The Italian Government through its trade commission is funding an additional $25 million for Italian wines alone. So when it comes to the wine industry, the MAP program that we are now debating is a program that helps small business, not visit the giant wineries, not only the names that we have heard bandied about here on the floor. In fact in 1994, for example, 101 wineries participated and 89 of them were small wineries. So there is no question that this is not a subsidy simply to big agriculture or big vintners. We are not talking about people who are purveying distilled spirits. This is wine, a product that we lead not only this hemisphere but this world in the production of a quality product. MAP promotes independent businesses. It is important that 90 percent of the small wine grape growers in this country be given an opportunity to be part of an export promotion program. This amendment would put an end to it. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. FAZIO of California. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. Chairman, I would just like to suggest to the gentleman that if he reads the fine print of this legislation, what he will find is there is a big gap. The gap says that they can put money through the association. It is through those associations that then launder the taxpayers' dollars that then go into the pockets of the biggest wineries in the United States. Ernest and Julio, et cetera. Mr. FAZIO of California. If I could reclaim my time, the people who are involved in this program are putting up half the money. This is not all Government money. Half the money comes from the private sector, both from the wine grape growers through their association and those who make wine and help market the product. This is a program that works for all elements of one of our most successful agricultural industries. If we want to be successful in getting down our trade imbalance, if we want to help small growers, we ought to continue to support this very modest program, which is all we can afford at the present time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from Washington [Mr. Nethercutt]. Mr. NETHERCUTT. I thank the chairman of the subcommittee for yielding time. [[Page H6199]] Mr. Chairman, I think we have to keep in mind in this debate with respect to the Kennedy amendment that this program helps small farmers. This helps small farmers out in Washington State who, I might say to my friend from California, make the best wine in the world. But also I want the gentleman from Massachusetts to understand that the USDA directs the Market Access Program to small businesses, small farms, small wineries. I do not think we want to cede our industry to the European winemakers. That is what we are really doing here. We are developing a program that allows our Government to contribute some money to competition, unfair competition in my judgment, from foreign governments who assist their winemakers for shelf space. That is really what we are doing. What we are doing is developing a program that allows our products in this country to have some shelf space in foreign markets. That means jobs to Americans. That means jobs to people in my district, small wineries. I urge the rejection of this amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think it is interesting to note that people are talking about how this program assists small vintners. I would anticipate after a vote on this amendment, Mr. Chairman, offering a follow-up amendment that would simply limit the subsidy program to go only to small vintners. As long as the gentlemen that talked so heartily about the need to assist those small vintners would put their vote where their mouth is, I think we might be able to work out a compromise on the underlying issue about whether or not the program should go directly to those small businesses. My true feeling, and I know that the gentleman from Utah [Mr. Hansen] has offered this amendment with me in the past, I wish he was here--I do not think he expected the amendment to come up quite so quickly--is that we do not believe that the U.S. Government ought to be involved in subsidizing alcohol products abroad. That is the fundamental question that is involved with this debate. It is fundamentally, I think, wrong for us to tell people that we do not have money in the coffers of the Federal Government to provide for the health care and the education of our people, but we do have money in the coffers to be able to subsidize alcohol advertising for some of the richest companies in America abroad. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 30 seconds to the gentleman from California [Mr. Farr]. Mr. FARR of California Mr. Chairman, I say to the last speaker, Wake up. We turn on the television set, we see Colombia's Juan Valdez selling us coffee. We see Mexico selling us Corona beer. This is a global market. If we want people to buy American, then we have to tell them what is American. This is a program that requires that the Government match by private funds to advertise and to promote these products abroad. If we are indeed going to sell our products grown in America abroad, we are going to have to maintain this program. I urge a ``no'' vote on the amendment. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time remains on each side? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts and the gentleman from New Mexico each have 30 seconds remaining, and the gentleman from New Mexico [Mr. Skeen] has the right to close. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, I cannot believe that we are hearing Members of Congress that normally speak out so strongly against corporate subsidies and say that is how we ought to balance the budget, all of a sudden switching when it comes to a corporate subsidy that happens to go to the wine industry. Let us listen to Edward Nervo of the Famiglia Nervo Vines and Wines in Sonoma County, CA, who has written to me and said, ``With corporate welfare programs like these, no wonder the biggies get bigger and the small fry end up in the frying pan.'' Mr. SKEEN. Mr. Chairman, I yield the balance of my time to the gentleman from California [Mr. Riggs]. Mr. RIGGS. I thank my distinguished chairman for yielding time. Mr. Chairman, let me just say, first of all, the 5 largest recipients of market access promotion funds purchase over 90 percent of their grapes from small independent grape growers. This is a program that is working. It is a public-private partnership that has been improved by the Congress over the last few years. I just want to remind my colleagues that this same amendment went down to defeat in this House last year on a vote of 268 to 130. The American wine industry and the farmers who depend on that industry need our help to again defeat the Kennedy amendment. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The amendment was rejected. amendment offered by mr. kennedy of massachusetts Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kennedy of Massachusetts: At the end of the bill (page 69, after line 5), insert the following new section: Sec. . None of the funds appropriated or otherwise made available by this Act for market access activities under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), or made available for the salaries of employees of the Department of Agriculture who provide assistance under such section, may be used to provide assistance to eligible trade organizations (as defined in such section) to promote the sale or export of alcohol or alcoholic beverages unless it is made known to the Federal official having authority to obligate or expend such funds the the promotion activities benefit a small-business concern. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 10 minutes and that the time be equally divided. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from New Mexico? There was no objection. The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] and the gentleman from New Mexico [Mr. Skeen] will each control 5 minutes. The Chair recognizes the gentleman from Massachusetts [Mr. Kennedy]. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to commend the chairman of the committee along with my good friend from Illinois, Mr. Durbin, for some language that they inserted in the ag bill last year as a result of the same debate that just took place on the House floor. I shall read what those changes are: The funds shall not be used to provide direct assistance to any nonprofit corporation that is not recognized as a small business concern described in section A of the Small Business Act. Secondly, a cooperative; or, third, an association described in the first section of the Act. Essentially what that is attempting to do is to reform this act so that the big subsidies do not go to the big companies, Seagrams, Ernest and Julio Gallo and the other major vintners and major producers of alcohol that have, I think, very unfairly skimmed money from the American taxpayer while they are making millions and millions of dollars in their exports. The language of this amendment very simply suggests that while what is really occurring is through this trade association loophole, the money is now being funneled through to trade associations and then the trade associations redistribute it to the very big companies. I had a long talk last evening with the Department of Agriculture about this loophole that is contained in the law. All that this amendment would do would be to extend the small business criteria to any funds that get funneled through the trade association to make sure that the concerns of my good friend from California, who is so very worried about those small vintners, will actually make sure the money goes to those small vintners. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Dooley]. [[Page H6200]] Mr. DOOLEY. Mr. Chairman, I rise in strong opposition to this amendment. What the market Assistance Program is all about is trying to ensure that U.S. farmers get their fair share of expanding export markets. What the gentleman from Massachusetts [Mr. Kennedy] is trying to do now is define a different criteria and that we try to say that only small businesses are going to be involved in achieving those expanded markets. As a farmer and as any grape farmer or wine grape grower out there will say, what is important is to increase the sales of wine. What is important is to assure that U.S. wineries have a fair playing field when they take on the European Union and the 6-to-1 advantage that they have in export promotion over U.S. wineries. What we would be doing in this case if we limit the money on where it goes, we would be saying to that small grower who is growing grapes that is selling them to a larger winery that they are not ever going to benefit from the Market Assistance Program. We would be saying to that winery out there and that winery who might be owned by an individual that might be farming 10,000 acres but has his own winery that he is going to benefit from the Market Assistance Program. That is not fair. What we are trying to do is to ensure that that average wine grape grower in California, or other parts of the country, that grows less than 100 acres of wine that they will have a tool that will ensure that U.S. wine will be at a competitive advantage or have a fair playing field when we take on the winemakers and the wine grape growers of the European Union. Mr. KENNEDY of Massachusetts. Mr. Chairman, will the gentleman yield? Mr. DOOLEY. I yield to the gentleman from Massachusetts. Mr. KENNEDY of Massachusetts. Does the gentleman really believe that we should be providing Government tax subsidies to the richest companies in the U.S. regardless of what their profit lines are? Mr. DOOLEY. Reclaiming my time, what the issue is is that the U.S. farmer have fair access. In a perfect world if the European Union were not spending six times the amount that the U.S. Government was to provide exports, then we would not need this program. But if we want to ensure that the U.S. farmer has a level playing field, this Government needs to stand behind them, and that is what the Market Assistance Program does. Mr. KENNEDY of Massachusetts. May I inquire of the Chair how much time remains on each side? The CHAIRMAN pro tempore. The gentleman from Massachusetts [Mr. Kennedy] has 3 minutes remaining and the gentleman from New Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would just like to suggest that I do think that we ought to have some kind of test in this program as to whether or not companies who are making tens of millions of dollars worth of profit and then coming in and reaching into the back pocket of the taxpayer and asking us to subsidize them when they are already making all these dollars. {time} 1230 The real question is whether we should be promoting alcohol products abroad to begin with, but if we are to do it and we have to do it because the Europeans are subsidizing their industry, I say fine, but let us not go out and needlessly line the pockets of companies that are already making tens of millions of dollars' worth of profits. Come on, Congress of the United States, stand up to the wine lobby. That is what this is all about. Just for once say to the wine lobby, look, we will accept that we are going to help out the little guy, but let us not go out there and line the pockets of the richest wine companies. These are people that for all the time have gone out and gotten all the farm workers picking the grapes and all the rest of it. They make plenty of profits. Let us stand up to them, for crying out loud. Have a little heart, have a little soul, and stand up to the big boys every once in a while. It is good for the soul. Mr. Chairman, I reserve the balance of my time. Mr. SKEEN. Mr. Chairman, I yield 1 minute to the gentleman from California [Mr. Fazio]. Mr. FAZIO of California. Mr. Chairman, first of all, I would say to the gentleman from Massachusetts that the Department of Agriculture and the Department of Health and Human Services say that a little wine in each individuals' daily diet is healthy for them. So exporting wine is something we should not be ashamed of. We should be proud of it, and we should be out there competing with the rest of the world. But the point the gentleman does not get is that we are talking about small growers who own 30, 40, or 50 acres. They are not the ones who make wine and send it overseas. They have to have a winery buy their product. We are trying to help, as the gentleman from California [Mr. Riggs] said, 90 percent of the small grape growers in this country to find a home for their product. They will find it in many cases domestically but we are expanding our international markets, and we are doing it with a cooperative program that is shared between those who profit and the taxpayer who profits even more by a modest investment in terms of income producing tax paying jobs. And I can tell the gentleman, in this MAP Program we get back $16 in agricultural exports for every dollar that we spend. So please understand we are talking about small farmers here and a benefit for taxpayers as well. Mr. KENNEDY of Massachusetts. Mr. Chairman, how much time do I have remaining? The CHAIRMAN pro tempore (Mr. Linder). The gentleman from Massachusetts [Mr. Kennedy] has 2 minutes remaining and the gentleman from new Mexico [Mr. Skeen] has 2 minutes remaining. Mr. KENNEDY of Massachusetts. Mr. Chairman, I want to address my comments to my good friend from California, Mr. Fazio. The truth is that all this amendment does is limit it to small businesses. All we are saying is if the gentleman is truly concerned about small businesses and the small vendor, then he should be supportive of this amendment. This amendment simply says that the trade association funding can only go to businesses that will qualify under the Small Business Act as small business. Instead of the big boys, the little guy. Mr. FAZIO of California. Mr. Chairman, will the gentleman yield? Mr. KENNEDY of Massachusetts. I yield to the gentleman from California. Mr. FAZIO of California. Mr. Chairman, I would note, as the gentleman from California [Mr. Dooley] said, a winery may be called a small business but 90 percent of the grapes grown by farmers move through the five largest wineries. So the gentleman is not helping the grower if he makes this distinction. He is trying to do something that is a worthy cause, but he is missing by a mile. Mr. KENNEDY of Massachusetts. Mr. Chairman, reclaiming my time, the truth of the matter is, if these people are part of a trade association they still have access. What this bill does is limit the ability of the trade associations to go about providing big subsidies to the biggest wine companies. It does not, in fact, stop us from providing small businesses with the ability to gain access to the program. I think the whole program is crazy, but I think it is even crazier to suggest that what we will do is continue to skip a loophole open that provides all this money to go to the biggest companies in the country. Mr. FAZIO of California. Mr. Chairman, if the gentleman will continue to yield, the craziest thing we could do would be to eliminate 90 percent of the wine grape growers, who are small farmers. They do not make wine and do not export it. They need private sector help to do it. and this program provides the partnership to do it. Mr. KENNEDY of Massachusetts. Mr. Chairman, the truth of the matter is, this will have absolutely no impact. And if the gentleman talks to people seriously about the impact of this whole MAP program, it will not have a penny's worth of difference in terms of what the actual sales are. The gentleman and I both know we can produce wine. People want to buy the wine and will produce the wine, and it has nothing to do with the small amount of subsidies that end up going into this program. It is the principle of the fact that we are providing taxpayer [[Page H6201]] dollars, millions and millions of dollars worth of taxpayer funds, that go into the back pocket of the biggest companies. That is a scam and a scandal that ought to be dealt with. Mr. SKEEN. Mr. Chairman, I yield 2 minutes to the gentleman from California [Mr. Riggs], the remainder of my time. Mr. RIGGS. Mr. Chairman, I wish the gentleman from Massachusetts could devote so much time and energy to helping us address the competitive and trade disadvantage that our wine exports have against Chilean and European wines. But the gentleman was correct when he said last year in conference we restructured the MPP, now known as the Market Access Program, to restrict direct participation of for-profit corporations that are not small businesses while requiring a direct match from any small business that participates in this program. These reforms should silence this unwarranted criticism of the Market Access Program. The accusations that corporations are advertising products at taxpayers expense are simply not true. The primary emphasis of this program, as has been pointed out repeatedly over the last few minutes of debate, is toward the small family farmer. Historically, 60 percent of market access promotion funds have gone to generic advertising; the remaining 40 percent is allocated to brand promotion, with priority again given to small entities. I quote from the act: In addition, a sizable number of large corporations receiving market access promotion moneys are actually grower cooperatives. All benefits those organizations derive from brand assistance under this program are directly returned to their grower members, who themselves tend to be small and medium sized operations. Mr. WARD. Mr. Chairman, will the gentleman yield? Mr. RIGGS. I yield to the gentleman from Kentucky. (Mr. WARD asked and was given permission to revise and extend his remarks.) Mr. WARD. Mr. Chairman, I rise in opposition to the amendment. Mr. RIGGS. Mr. Chairman, I wanted to conclude by saying the Market Access Program is not corporate welfare; it is a valuable resource for America's small farmers to compete in highly restrictive foreign markets. In fact, this program is pro-trade, pro-growth, and pro-jobs. Ms. WOOLSEY. Mr. Chairman, although I have the utmost respect for the gentleman from Massachusetts, unfortunately, I must rise in strong opposition to this amendment. I must do so because this amendment directly and unfairly targets my constituents in Sonoma and Marin Counties, CA, who produce some of the world's finest wine. If this amendment passes, however, their world- famous wine would no longer be able to compete in the world market. This amendment would devastate the small wine producers in my district, who rely upon Federal export assistance to enter and compete in the global marketplace. Unlike Europe and South America, U.S. wine producers receive no production subsidies whatsoever. Furthermore, our competitors outspend the United States in export subsidies by more than 6 to 1! Mr. Chairman, small California wineries cannot compete in such a lopsided marketplace without some assistance. And let there be no mistake, this amendment targets small, family-owned businesses--89 out of 101 wineries that participate in the Market Access Program are small wineries. The Kennedy amendment takes this critical assistance away from small wine producers and, in doing so, It takes away jobs; it takes away trade; and, it takes away fairness. Mr. Chairman, we should be working today to help export California wine, Not California's jobs. Vote ``no'' on the Kennedy amendment. The CHAIRMAN pro tempore. All time for debate has expired. The question is on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy]. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. KENNEDY of Massachusetts. Mr. Chairman, I demand a recorded vote, and pending that, I make a point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to the rule, further proceedings on the amendment offered by the gentleman from Massachusetts [Mr. Kennedy] will be postponed. The point of no quorum is considered withdrawn. The Chairman pro tempore. Are there further amendments? Amendment Offered by Mr. KOLBE Mr. KOLBE. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. Kolbe: At the appropriate place in the bill, insert the following new section: Sec. . None of the funds made available in this Act may be used to administer a peanut program that maintains a season average farmers stock price for the 1997 crop of quota peanuts in excess of $640 per ton. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on this amendment and all amendments thereto close in 20 minutes with the time being equally divided and to roll the vote. Mrs. CLAYTON. Mr. Chairman, I object. The CHAIRMAN pro tempore. Objection is heard. The gentleman from Arizona [Mr. Kolbe] is recognized for 5 minutes. Mr. KOLBE. Mr. Chairman, I rise to offer this amendment with the gentlewoman from New York [Mrs. Lowey]. It is an amendment that simply carries out the intent of Congress on the peanut program. The farm bill, the Freedom to Farm Act, made some extremely modest changes to the peanut program. The change that was supposed to benefit consumers was a 10 percent reduction in support prices from $678 to $610. This amendment would ensure that the price of quota peanuts would actually be $610 per ton, as approved in the recently passed farm bill. Now, why is this amendment necessary, if all we are doing is seeking to implement what the farm bill said we were going to do? It is necessary because the Secretary of Agriculture, not without reason, since he represents agricultural interests, has chosen to administer this program in a way that makes sure that peanut prices will continue to stay at previous, much higher levels. The Secretary was able to do this, to keep the peanut pries high, by announcing a national peanut quota production level that is going to be at least 100,000 tons less than the projected domestic demand. In other words, the Government is creating an artificial shortage. Mr. Chairman, what we have is a Government-created artificial shortage of peanuts and, thus, a consequent higher price for peanuts. That is contrary clearly to what we intended to do in the farm bill. At a time when we have a peanut industry that is certainly in a serious state of decline, with peanut consumption dramatically declining over the last 5 years, it does not seem to me that we can afford to let bad government policy excessively inflate the prices for domestic consumers. Inflate the prices, I might add, to what is now double, double, the export price. The domestic price of peanuts is double what our producers get when they sell it into the export markets. In other words, we have this artificially created price. Even at $610 a ton, which we are not going to get to because of this reduction in the quota, U.S. peanuts are 33 percent above the world price of $350 per ton. So this am

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