[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Page S12087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            U.S. DISTRICT COURT CLASS I DIFFERENTIALS RULING

  Mr. GRAMS. Mr. President, on an unrelated matter, I also want to take 
a moment this afternoon to rise in support of the U.S. district court 
decision that prohibits the U.S. Department of Agriculture from 
enforcing class I differentials when it comes to dairy and the Nation's 
milk marketing order system.
  The ruling states that the class I price structure provided under 
USDA's Federal milk marketing order is unlawful. This ruling was made 
after providing the Department three opportunities to justify this 
antiquated regulation which has, again, been found to be arbitrary and 
capricious.
  I strongly urge the Secretary to forgo any further litigation on this 
matter.
  Judge Doty's decision has confirmed what we have known all along, and 
that is that the current class I price structure is unfair and that it 
makes no economic sense.
  The 1996 farm bill requires the Secretary to provide price structure 
and Federal milk market order reform. This process is currently moving 
forward, and there should be no legislative maneuvers to restore the 
rejected state of affairs. I will be guarding against legislative 
initiatives put forth by regional interests which would attempt to 
restore the inequities of the former system.
  USDA and Members of Congress must move forward and cease to be 
hamstrung by arcane economic models. Traditional economic models are 
not sufficient in constructing a dairy policy for the next century. The 
imposition of the 1937 dairy legislation on 1997 dairy economics is 
ludicrous.
  Today, we have heard from our colleagues from Vermont that without 
the current system, the rest of the country would be at the mercy of 
the Midwest for a fresh supply of milk. We are not asking for a 
monopoly, only that the heel of Government be removed from our dairy 
farmer's throats so that they be allowed to compete fairly.
  There is no room for regional politics in Federal dairy policy. We 
should not encourage inefficiency.
  The United States district court has rendered its decision, and now 
it is in Secretary Glickman's hands to institute long-term and 
significant dairy reform which will restore equity to U.S. dairy 
policy.
  Thank you very much, Mr. President. I yield the floor.
  Mr. SPECTER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I yield to my distinguished colleague 
from Iowa--how much time?
  Mr. GRASSLEY. I would like to have 4 minutes.
  Mr. SPECTER. Four minutes speaking on the bill, and then he may want 
to make an as-in-morning-business request to be sure it is subtracted 
from the time on the bill. The Parliamentarian nods in the affirmative.
  The PRESIDING OFFICER. It will be.
  Mr. GRASSLEY. I make the unanimous-consent request that the Senator 
from Pennsylvania enunciated.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. I thank the Chair.
  (The remarks of Mr. Grassley pertaining to the introduction of S. 
1459 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mr. GRASSLEY. I yield the floor.
  Mr. DURBIN addressed the Chair.
  Mr. HARKIN. Mr. President, I yield 5 minutes to the Senator from 
Illinois.
  The PRESIDING OFFICER. The Senator from Illinois.

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