[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Pages H5681-H5684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AGRICULTURAL DISASTER ASSISTANCE ACT OF 2012
General Leave
Mr. WOODALL. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 6233.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 6233) to make supplemental agricultural
disaster assistance available for fiscal year 2012 with the costs of
such assistance offset by changes to certain conservation programs, and
for other purposes, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. COSTA. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore (Mr. Denham). Is the gentleman opposed to the
bill?
Mr. COSTA. I am opposed to this legislation in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Costa moves to recommit the bill H.R. 6233 to the
Committee on Agriculture with instructions to report the same
back to the House forthwith with the following amendments:
Page 1, beginning line 3, strike section 1 and insert the
following new section:
SECTION 1. SHORT TITLE; FINDINGS, AND SENSE OF THE HOUSE OF
REPRESENTATIVES.
(a) Short Title.--This Act may be cited as the
``Agricultural Disaster Assistance Act of 2012''.
(b) Findings.--The House of Representatives makes the
following findings:
(1) Family farms and livestock producers are suffering from
the worst drought facing the United States since the 1950s,
and this drought affects almost every State.
(2) This Act does not help pork or poultry producers and
provides only limited assistance for dairy producers.
(3) Many producers of fruits and vegetables may not have
crop insurance available to
[[Page H5682]]
them as a risk management tool, and they too need some type
of help, which this Act does not provide.
(4) Most of the disaster-related provisions of the widely
popular Food, Conservation, and Energy Act of 2008 (the
current farm bill, Public Law 110-246) have expired.
(c) Sense of the House.--In light of the findings expressed
in subsection (b), it is the sense of the House of
Representatives that a five-year farm-safety net will provide
greater certainty and stability for America's farm families
than legislation extending farm policy for only one year or
authorizing short-term disaster assistance.
Page 20, after line 12, insert the following new paragraph:
(5) Foreign corporations.--Section 1001C of the Food
Security Act of 1985 (7 U.S.C. 1308-3) or any successor
provisions shall apply with respect to assistance provided
under this section.
Page 21, after line 19, insert the following new
subsection:
(j) No Duplicative Payments.--In implementing any other
program which makes disaster assistance payments (except for
indemnities made under subtitle A of the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) and section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333)), the Secretary shall prevent duplicative
payments with respect to the same loss for which a person
receives a payment under subsections (b), (c), (d), or (e).
Mr. COSTA (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
Mr. LUCAS. Mr. Speaker, I object at the present time.
The SPEAKER pro tempore. Objection is heard.
The Clerk will read.
The Clerk continued to read.
Mr. LUCAS. Mr. Speaker, I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
Pursuant to the rule, the gentleman from California (Mr. Costa) is
recognized for 5 minutes in support of his motion.
Mr. COSTA. This is the final amendment to the bill. It will not kill
the bill or send it back to committee. I repeat--it will not kill the
bill nor will it send it back to committee. If adopted, however, the
bill will immediately be amended and proceed under final passage.
In the Republicans' rush to legislate, they have missed some
important pieces that the motion to recommit would address.
First, the bill, H.R. 6233, the Agricultural Disaster Assistance Act
of 2012, allows disaster payments to go to corporations incorporated
under State law, but there is nothing in the bill to prevent these
corporations from being wholly-owned subsidiaries of foreign
corporations.
Under current law, for much of the farm safety net, foreign
corporations--defined under current law as to where more than 10
percent of the beneficial ownership is held by a non-U.S. citizen--
cannot receive farm payments. This bill fails to do that.
The farm bill we passed in committee addressed the current law. It
passed by a bipartisan vote of 35-11. It includes the same provisions
that are in this disaster package. It also ensures that payments do not
go to foreign corporations.
This motion to recommit fixes that.
Additionally, under current law, there is a provision to prevent
duplicative payments from being made to producers under disaster
programs, in other words, double-dipping. This provision was included
to prevent producers from collecting payments from multiple programs
for the same disaster. We want to treat those people fairly under this
disaster, but we don't want people receiving double-dipping payments.
Again, in the Republicans' rush to legislate, the provision that
ensures against duplicative payments and double-dipping somehow missed
the boat.
This motion to recommit fixes that oversight as well.
Finally and more importantly, the motion to recommit also gives every
Member here an opportunity to take a position on what ironically, I
think, could be called the elephant in the room, and that is whether or
not the House is going to consider a 5-year farm bill to provide
certainty and security to rural America and its agriculture economy.
The motion to recommit expresses the sense of the House that a 5-year
farm safety net is far better for certainty and security for farmers
and farm families than this bill or even a short-term extension is.
After all, the farm bill is traditionally one of the most bipartisan
things we do around here.
In a statement regarding the underlying bill, a broad-based coalition
of farm organizations said that they would:
support finding a path forward to reaching an agreement on a
new 5-year farm bill before current program authorities
expire on September 30.
They go on to say:
We are disappointed that the House Republican leadership
has decided to not move forward with the House Agriculture
Committee's bill before adjourning for the August recess. The
bill would provide the disaster relief for our farm and ranch
families needed at this time.
Those organizations among them are the American Farm Bureau
Federation, the National Corn Growers Association, the National Farmers
Union, the National Milk Producers Federation, the United Fresh Produce
Association, and Western Growers, to mention but a few.
{time} 1630
Members, we have a chance to take a stand. Are you for regular order,
or for political messaging? Are you for doing our work, or kicking the
can down the road? Should we take up a comprehensive farm bill before
September 30, or add this to the growing list of unfinished business to
be considered in a lame duck session? I hope not.
All in all, the motion to recommit makes important fixes in the
underlying bill, making it consistent with current law regarding the
treatment of foreign corporations and protections against duplicative
payments, otherwise known as double-dipping. It puts the House on
record that we need to consider a 5-year farm bill before the current
one expires on September 30. I urge my colleagues to support the motion
to recommit.
Traditionally, the farm bill is one of the most bipartisan pieces of
legislation that we act on. The bipartisan support was in the Senate
and the bipartisan support was in the House Agriculture Committee by a
vote of 35-11. We have a crisis, and we ought to properly respond.
With that, I yield back the balance of my time.
Mr. LUCAS. Mr. Speaker, I withdraw my reservation, and rise in
opposition.
The SPEAKER pro tempore (Mr. Denham). The reservation is withdrawn.
The gentleman from Oklahoma is recognized for 5 minutes.
Mr. LUCAS. Mr. Speaker, I think everyone in this room knows that I
and my colleague, the ranking member, Mr. Peterson, and all members of
the Agriculture Committee, have worked very aggressively to try to move
the process forward to craft a comprehensive 5-year farm bill, a farm
bill that addresses all commodity groups, addresses all regions, meets
the needs of all of our producers so we can, as farmers and ranchers,
meet the needs of the great American consumer.
One of the key points in the motion to recommit before us addresses
the question of doing a 5-year farm bill. That's a sense of Congress. I
happen to think that that already is the sense of Congress. I would
suggest to all of you that if you want, as badly as I want, a
comprehensive 5-year farm bill, then the process here is to take these
points--they may be valid--but to take these points and bear them in
mind. Go home and see your constituents for the next 5 weeks. Go home
and discuss the drought in that 65 percent of the United States that's
suffering. Go home and explain to them why, from the livestock
producers' perspective, there's no assistance in a bill that was
promised when it was put together in '08, or they thought they would
have access to.
Go home and explain that, and build the momentum to come back here
and do the farm bill. Then in regular order, on the floor--I know it's
kind of a strange concept--we'll debate these and many more amendments,
and we'll make refinements to what the committee has done. But right
now, let's reject this motion, and let's go home and prepare for a farm
bill debate when we come back. Most importantly, let's just go home.
With that, I yield back the balance of my time.
[[Page H5683]]
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. COSTA. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of the bill, if ordered, and the motion to
suspend the rules with regard to House Concurrent Resolution 127.
The vote was taken by electronic device, and there were--ayes 189,
noes 232, not voting 9, as follows:
[Roll No. 553]
AYES--189
Ackerman
Altmire
Andrews
Baca
Baldwin
Barber
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Israel
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Ross (AR)
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOES--232
Adams
Aderholt
Alexander
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Calvert
Camp
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--9
Akin
Black
Burton (IN)
Campbell
Cardoza
Cohen
Fleischmann
Jackson (IL)
Jackson Lee (TX)
{time} 1649
Mr. PENCE changed his vote from ``aye'' to ``no.''
Mr. GARAMENDI changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Ms. PINGREE of Maine. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 223,
noes 197, not voting 10, as follows:
[Roll No. 554]
AYES--223
Adams
Aderholt
Alexander
Altmire
Amodei
Austria
Bachus
Barletta
Barrow
Barton (TX)
Berg
Berkley
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (TX)
Braley (IA)
Brown (FL)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Canseco
Cantor
Capito
Carson (IN)
Carter
Cassidy
Chaffetz
Chandler
Clarke (NY)
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cole
Conaway
Costello
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (IL)
Denham
Dent
DesJarlais
Diaz-Balart
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flores
Forbes
Fortenberry
Fudge
Gallegly
Gardner
Gerlach
Gibbs
Gingrey (GA)
Goodlatte
Gowdy
Granger
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Hirono
Holden
Huelskamp
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Kelly
Kildee
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
Loebsack
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Mica
Miller (MI)
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Platts
Poe (TX)
Pompeo
Price (GA)
Rahall
Reed
Rehberg
Reichert
Renacci
Ribble
Richmond
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Ryan (WI)
Schilling
Schock
Scott (SC)
Scott, Austin
Scott, David
Sessions
Sewell
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Southerland
Stivers
Stutzman
Sullivan
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Womack
Woodall
Young (AK)
Young (FL)
Young (IN)
[[Page H5684]]
NOES--197
Ackerman
Amash
Andrews
Baca
Bachmann
Baldwin
Barber
Bartlett
Bass (CA)
Bass (NH)
Becerra
Benishek
Berman
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Brooks
Broun (GA)
Butterfield
Capps
Capuano
Carnahan
Carney
Castor (FL)
Chabot
Chu
Cicilline
Clarke (MI)
Connolly (VA)
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Dold
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Flake
Fleming
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Garamendi
Garrett
Gibson
Gohmert
Gonzalez
Gosar
Graves (GA)
Green, Al
Green, Gene
Grijalva
Guinta
Gutierrez
Hahn
Hanabusa
Harris
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hochul
Holt
Honda
Hoyer
Huizenga (MI)
Israel
Johnson, E. B.
Jones
Jordan
Kaptur
Keating
Kind
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy (NY)
McClintock
McCollum
McDermott
McGovern
Meeks
Michaud
Miller (FL)
Miller (NC)
Miller, Gary
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Paul
Pelosi
Perlmutter
Peters
Pingree (ME)
Pitts
Polis
Posey
Price (NC)
Quayle
Quigley
Rangel
Reyes
Richardson
Rigell
Rothman (NJ)
Roybal-Allard
Royce
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schmidt
Schrader
Schwartz
Schweikert
Scott (VA)
Sensenbrenner
Serrano
Sherman
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Stark
Stearns
Sutton
Thompson (CA)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walberg
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Wittman
Wolf
Woolsey
Yarmuth
Yoder
NOT VOTING--10
Akin
Black
Campbell
Cardoza
Cohen
Fleischmann
Graves (MO)
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
{time} 1657
Mr. FRANK of Massachusetts changed his vote from ``aye'' to ``no.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. GRAVES of Missouri. Mr. Speaker, today, August 2, I missed a
rollcall vote. Had I been present, I would have voted ``aye'' on No.
554.
General Leave
Mr. LUCAS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
the bill H.R. 6233.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.
____________________