[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[House]
[Pages 19951-19956]
[From the U.S. Government Publishing Office, www.gpo.gov]



APPOINTMENT OF CONFEREES ON H.R. 4461, AGRICULTURE, RURAL DEVELOPMENT, 
FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2001

  Mr. SKEEN. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 4461) making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 
2001, and for other purposes, with a Senate amendment thereto, disagree 
to the Senate amendment, and agree to the conference asked by the 
Senate.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). Is there objection 
to the request of the gentleman from New Mexico?
  There was no objection.


                Motion to Instruct Offered by Ms. Kaptur

  Ms. KAPTUR. Mr. Speaker, I offer a motion to instruct conferees.
  The Clerk read as follows:

       Miss Kaptur moves that the managers on the part of the 
     House at the conference on the disagreeing votes of the two 
     Houses on the Senate amendment to the bill H.R. 4461 be 
     instructed to hold a full and adequate public meeting at 
     which managers have the opportunity to debate and vote on all 
     matters in disagreement between the two Houses, and be 
     instructed to fully resolve all differences between H.R. 4461 
     and the Senate amendment as part of this conference.

                              {time}  1245

  The SPEAKER pro tempore (Mr. Quinn). Pursuant to the rule, the 
gentlewoman from Ohio (Ms. Kaptur) will be recognized for 30 minutes 
and the gentleman from New Mexico (Mr. Skeen) will be recognized for 30 
minutes.
  The Chair recognizes the gentlewoman from Ohio (Ms. Kaptur).
  Ms. KAPTUR. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is a very important motion to instruct for members 
of the Subcommittee on Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies, of which I am ranking member. But 
it goes beyond just the need of our particular subcommittee.
  We have 13 appropriations bills that we must pass in this Congress in 
order that the Government of the United States be allowed to operate. 
The Republican leadership of this institution, 3 days before the end of 
this fiscal year, has not completed work on but two of them, which 
means that we have 11 bills hanging out there that are not complete. 
Our bill is one of them.
  What we understand might be happening to us is that, in spite of the 
fact that we in the House operated under regular order and passed our 
bill over 60 days ago, now, 2 days before the end of the fiscal year, 
we are told that conferees are going to be appointed.
  Now, may I remind the membership that a year ago conferees were also 
appointed but then we never met. What I am very concerned about and the 
purpose of this motion to instruct is that we ask that full and open 
conference committee hearings be held at which managers have the 
opportunity to debate and vote on all matters in disagreement between 
the two Houses and

[[Page 19952]]

that we be instructed to fully resolve those differences and that this 
not be done behind closed doors by a couple of the top leaders of this 
institution.
  We are very, very worried that the House provisions, for example on 
prescription drugs and the ability of the American people to obtain 
safe pharmaceuticals from nations like Canada, may be jerked from the 
bill and, unless we have an opportunity to fight in an open forum for 
our amendments and to resolve our differences with the other body, that 
that issue may all of a sudden just disappear.
  And so I want to explain to the Members that, if they vote for the 
motion to instruct, they are voting to give us the opportunity to deal 
with the prescription drug issue on the table in public with all 
members of our subcommittee participating.
  The issue of sanctions, and no one has fought harder to bring that 
issue before us to allow American firms to sell their products around 
the world than the gentleman from New York (Mr. Serrano). That is 
another issue that, unless we meet together in open, public conference 
committee hearings, could be jerked from our bill and we would not know 
who would do it but all of a sudden it would disappear.
  So this motion to instruct says we want to be able to hold the House 
position on sanctions, we want an open conference committee meeting, 
and we do not want a few people in this institution to take our 
rightful responsibilities away from us, as has happened before.
  Finally, in the important area of disaster assistance, we are hearing 
all kinds of rumors. Our committee is the one charged with the 
responsibility of meeting the emergency needs of America's farmers and 
ranchers.
  I do not think that people who necessarily come from just one or two 
districts who may happen to be the leaders of this institution should 
have the right to tinker around with those provisions without the full 
participation of the members of our committee who represent the farmers 
and ranchers across the wide spectrum of industries in this country, 
whether it is dairy, whether it is grains, whether it is livestock. It 
does not matter what it is. All those concerns need to be aired 
publicly in an open conference committee meeting.
  So the purpose of this motion to instruct is to say we do not want 
any hanky-panky; we want to be able to conduct our business under 
regular order. We are very concerned based on our inability to get 
clear answers over the last several weeks and now, even worse, over the 
last few days. We do not want our bill to be stuck on some other bill 
and then we not have the opportunity to deal with the issues that are 
there and that we have worked so hard on in this Congress.
  And again just three of them: prescription drugs and the ability of 
the American people to obtain those pharmaceuticals at competitive 
prices even if those drugs come from Canada or from Mexico and they are 
safe and marked so according to our Food and Drug Administration; the 
issue of sanctions, whether it is Cuba, whether it is Libya, whatever 
country we are talking about, we want the ability to debate that in our 
subcommittee; and finally, the level of disaster and emergency 
assistance to our farmers.
  We do not want to leave anybody out. If they are out there in the 
country, they have tried to earn a living and they have been hurt by 
the present economy, we do not want a few deal makers to write our bill 
for us behind closed doors.
  So the purpose of this motion to instruct is to ensure regular order 
in this institution and not to disenfranchise our Members.
  Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr. 
Obey), our very, very distinguished ranking member of the full 
committee, for further elaboration. And I want it thank him from the 
bottom of my heart for being a voice for our subcommittee and for the 
rights of our members, every single one of them, to participate in open 
conference committee deliberations.
  Mr. OBEY. Mr. Speaker, I thank the gentlewoman for yielding me the 
time.
  Mr. Speaker, what I want to say is directed to one simple question: 
How much self-respect does each and every individual Member of this 
body possess? Does every one of the 435 Members who belongs to this 
body believe that they have a right to participate in the process by 
which major decisions are made, or do they believe that year after year 
these major decisions, especially if they are politically difficult, 
will be made by a few people in a room somewhere? That is the issue.
  Now, the way this place is supposed to do business is that the 
President's budget comes down to the floor each year, it is divided 
into 13 appropriation bills for discretionary spending, and one by one 
those subcommittees containing members who specialize in these issues 
and actually, lo and behold, know something about them, are supposed to 
deal with these issues on a bill-by-bill basis.
  The gentleman from New Mexico (Mr. Skeen) has spent years developing 
an expertise on agriculture. So has the gentlewoman from Ohio (Ms. 
Kaptur) and every other member of the Subcommittee on Agriculture, 
Rural Development, Food and Drug Administration and Related Agencies 
has spent hours and hours learning to do their craft.
  And yet, what is now happening? We have a lot of major issues in this 
bill. We have the issue of Cuba. We have the issue of what kind of 
embargo policy we are going to have and how that is supposed to impact 
on our ability to export agriculture products. We have issues involving 
agriculture conservation. We have issues involving emergency disaster 
payments and all the rest.
  Those issues ought to be decided by the people who are a member of 
the committee that knows something about them. But we have been told in 
the last day or so that there is a new game plan floating around, and 
that game plan calls for all of these issues to be solved at a staff 
level with an occasional consult with a member.
  And then the agriculture bill is supposed to be dumped into the 
transportation appropriations bill and the conferees who will actually 
bring that bill to the floor would be the members of the transportation 
subcommittee.
  Well, I do not know how many members of the transportation 
subcommittee know a Guernsey from a Holstein, but I bet the gentleman 
from New Mexico (Mr. Skeen) does.
  It seems to me, therefore, that every single Member of this House who 
respects the rights of rank and file Members to decide what ought to 
happen on these issues, and every Member of this House who has a 
reverence for what this institution is supposed to be and a reverence 
for some semblance of context, process, and order so that we know what 
we are doing as we do it, it seems to me every single one of them would 
vote for this motion to instruct regardless of party.
  The only reason, the only reason that the Subcommittee on 
Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies might not be allowed to make these decisions is 
because the majority party leadership has a problem. They lost two 
votes on this House floor on the issue of agriculture exports and the 
Cuban embargo and so they want to reverse by fiat what the House did; 
and so they are, in the process, willing to run roughshod not just over 
the Committee on Appropriations, not just over the Subcommittee on 
Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies, but over the right of every single Member in this 
House to know who they are supposed to talk to if they want to get 
their two cents' worth in about resolving these issues. That is what is 
at stake here.
  What is at stake here is whether this is still a body of 435 people 
who belong to committees who develop expertise on these issues or 
whether we are just going to have this whole House run by an anonymous 
set of staffers with a few general dictates laid out by their bosses 
with no ability of the House to really shape the choices that we will 
be asked to vote on.
  That is why, regardless of party, this motion ought to be supported.

[[Page 19953]]


  Mr. SKEEN. Mr. Speaker, I reserve the balance of my time.
  Ms. KAPTUR. Mr. Speaker, I yield 3 minutes to the gentleman from 
Florida (Mr. Boyd), a distinguished member of our subcommittee.
  Mr. BOYD. Mr. Speaker, I thank the gentlewoman from Ohio for yielding 
me the time.
  Mr. Speaker, I first want to say what a deep and abiding respect that 
I have for the appropriations team that has developed and passed 13 
appropriations bills off the House floor, our ranking member, the 
gentleman from Wisconsin (Mr. Obey); ranking member on the 
subcommittee, the gentlewoman from Ohio (Ms. Kaptur); my dear friend, 
the gentleman from Florida (Mr. Young), chairman of the full committee; 
and the gentleman from New Mexico (Mr. Skeen), ranking member of the 
Subcommittee on Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies.
  I sit on the Subcommittee on Agriculture, Rural Development, Food and 
Drug Administration and Related Agencies, as the gentlewoman from Ohio 
(Ms. Kaptur) said, and have worked hard to understand the issues in the 
bill and to have some input into them.
  Some issues I won, and some issues I lost. I understood that was the 
democratic process and the process of the rules that we govern 
ourselves by in this House.

                              {time}  1300

  I assumed that we would move forward and have a vote on the House 
floor and some we would win and some we would lose. I want to remind, 
Mr. Speaker, the rank and file Members and our constituents that the 
House and the Senate passed this appropriations bill out of their 
respective Chambers over 60 days ago, before we broke for the August 
recess. Under the rules, normally you would think after you pass a bill 
like that and you have differences that you would have a conference on 
that. Well, we were noticed this morning that the leadership of this 
body is thinking about appointing conferees over 60 days later. Now we 
are 2 days from the end of the fiscal year.
  I understand there are problems, that there are differences on the 
Cuba embargo and there are differences on the prescription drugs, but 
that is why the Members of this Chamber were elected, to resolve those 
differences. The people of this Nation understand those two issues and 
the people they sent up here to represent them understand them. Let the 
body work its will. Let us have an up and down vote. Those are two very 
important issues.
  Obviously the Cuba thing is important, more important to the State of 
Florida than it is to some other States. So what is wrong with having 
the Members of the United States House of Representatives who were 
elected and sent here to decide those issues have a vote on that? What 
is wrong with letting them have a vote on the prescription drug issue, 
the reimportation issue which is another hang-up in this bill that the 
gentleman from New York (Mr. Crowley) and the gentleman from Vermont 
(Mr. Sanders) have so ardently advanced. It is an issue which is very 
important to our constituents. I do not understand this process where 
we are going to bottle things up and we are going to have some staff in 
the back room with occasional consultation with a couple of Members 
make these decisions and then you have an up and down vote later on. I 
think the conference is designed to resolve those issues and we ought 
to follow the regular order and let the conference work.
  Ms. KAPTUR. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank our very able subcommittee member the gentleman from 
Florida (Mr. Boyd) for speaking out on behalf of the entire rights of 
the House and the Members of the House as well as the needs of 
agriculture. We could not have a harder working member of our 
subcommittee.
  I also wanted to say, Mr. Speaker, that there are many issues that we 
want to resolve in open dialogue with our colleagues in the other body. 
What is at issue? Rules that expand opportunities to import 
prescription drugs from countries where prices are lower. This is of 
interest to every single family in America. What we do not know is if 
our bill gets rolled into the transportation bill, what provisions get 
selected, if any, unless we have an open dialogue in full conference 
with our colleagues in the Senate. The House provisions? The Senate 
provisions? No provisions?
  We are very concerned about that. In addition to that, the design of 
and funding levels for emergency assistance to deal with drought, with 
floods and with disastrously low prices around this country. We know we 
have a terrible situation where even under current law many farmers and 
ranchers who have been harmed do not get any help. How are we going to 
try to deal with that in the conference committee? Who do we trust but 
a broad array of Members to represent the various segments of 
agriculture in our country in open conference hearings?
  Several of the Members have talked about the trade sanction issue 
that would affect the shipment of food and medicine from our country 
and the circumstances under which future sanctions can be imposed, 
whether it is Cuba, whether it is nations in Africa, whether it is 
nations in the Middle East. These are all issues that are highly 
charged and ones that we really believe we should be able to dialogue 
with our colleagues in the other body. We have not even had a chance to 
do that.
  Also, funding levels for meat inspection and other food safety 
inspections that are so critical at the Food and Drug Administration 
and the Department of Agriculture. Frankly, I just do not want some 
leader who may be from Mississippi in the other body picking a funding 
level. Our Members have a right to participate in those discussions. 
They have worked for over a year on this bill. They have a right to be 
heard. All of the issues dealing with concentration and anticompetitive 
practices in today's agricultural markets, all those issues are in this 
bill. These are vital to agriculture in America. What is going to 
happen to those provisions when there are disagreements between the 
House and the Senate? Who is going to decide, particularly if we are 
rolled into a transportation bill where our Members are muzzled and 
have no ability to participate in the dialogue?
  The funding for our programs for the elderly, our nutrition programs 
for the elderly, our nutrition programs for women, infants and 
children. All these are on the table. All of the funding levels for our 
conservation programs, our natural resource programs and certainly our 
rural development programs. All these programs require the involvement 
of our Members in full and open conference.
  Mr. Speaker, in carrying out the responsibilities of our subcommittee 
this afternoon, I yield 3 minutes to the gentleman from New York (Mr. 
Hinchey), an extremely able member of our subcommittee who 
singlehandedly was able to assure that the fruit and vegetable growers 
of our country got recognition in this bill.
  Mr. HINCHEY. Mr. Speaker, I want to thank the ranking member of our 
subcommittee, the gentlewoman from Ohio, for allowing me the 
opportunity to speak on this bill.
  I want to say, first of all, it gives me no pleasure whatsoever to 
find myself criticizing the appropriations process at this late stage 
of this Congress. Both the chairman of the Committee on Appropriations 
and the chairman of this subcommittee, the gentleman from Florida (Mr. 
Young) and the gentleman from New Mexico (Mr. Skeen), have been great 
gentlemen and efficient and effective leaders throughout the process. 
However, now, at the end of the session, we find ourselves in a 
position where all that has gone before us is now in the process of 
being corrupted and lost. Why? Because the normal procedure of 
conference committees meeting together and resolving important 
differences between the House bill and the Senate bill has been 
abandoned. It has been abandoned and in its place we have people who 
are in

[[Page 19954]]

some cases faceless and unknown making decisions that affect the 
constituencies of virtually every Member in this House.
  Furthermore, important amendments which were adopted on the floor of 
this House have been and are in danger of being removed from specific 
appropriations bills of specific subcommittees as a result of this 
corruption of the normal and effective process. That is something that 
I do not believe every Member is aware of, and I think they would be 
deeply concerned to the extent that they become aware of it.
  So the motion to instruct that we have before us is in every sense a 
sensible and reasonable initiative. It simply says the conference 
committees ought to meet. Decisions about specialty crops which are 
important to a number of Members here, apples and other specialty 
crops, decisions affecting those specialty crops ought to be made by 
the elected Members of the House of Representatives in conference. 
Specific decisions with regard to the importation of prescription 
drugs, which is an important part of this agricultural bill, ought to 
be made by the elected representatives of the House in conference, duly 
appointed. That is not happening under the present system and under the 
present process that we have. Those decisions and others are being made 
by people apparently who are not elected and to the extent that we have 
elected people in the room, it is only a handful of the normal 
conferees.
  Now, that is not the way we ought to be doing business. These are 
critically important issues. We were elected to come here in this House 
of Representatives and resolve these issues on behalf of the people of 
the United States from the point of view of our various constituencies. 
We are being denied that right.
  Now, I know that the chairman of the subcommittee does not condone 
this. I know that the chairman of the committee as well as the 
subcommittee, neither of those chairmen condone this process. But the 
process is occurring nevertheless. And the only way that we can change 
this process, the only way that we can alter it, the only way that we 
can get back on the right and appropriate track in this particular 
context is to pass this motion to instruct.
  Ms. KAPTUR. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York (Mr. Crowley) who has absolutely moved this prescription drug 
issue into center stage in our country. We thank him for his 
participation today and we thank the voters of New York for sending 
such an able Member to us.
  Mr. CROWLEY. I thank the gentlewoman from Ohio for her kind remarks.
  Mr. Speaker, I rise in strong support of the motion to instruct. This 
process needs to be an open process. The people of both houses have 
spoken on a myriad of issues that should not be hidden behind closed 
doors and vetted out by the leadership alone. Whether it is the issue 
of Cuba and sanctions or the issue that is very near and dear to my 
heart and to many Members of this body's heart, the issue of the 
reimportation of prescription drugs. If you are going to appoint 
conferees, then let them do the work. Let them meet. Do not pull the 
ultimate charade by appointing conferees and then go behind closed 
doors and letting the leadership itself work out or take out, more 
appropriately, take out issues that they do not want to have in final 
passage.
  It was the Crowley amendment that got the ball rolling again and 
jump-started much of the work that was started by my good colleague and 
friend from Vermont (Mr. Sanders) and others on the issue of the 
reimportation of prescription drugs. It is too important and vital an 
issue to Americans in this country, senior and nonseniors alike, but to 
most importantly senior citizens, that they have the opportunity to 
purchase prescription drugs at least at the same rate that their 
Canadian and Mexican counterparts are purchasing those drugs at. If 
this is taken out of the agricultural bill, seniors in my district and 
across this country will not see a reduction in their price of 
prescription drugs anywhere between 30 and 50 percent. If we do not do 
this, seniors will continue to struggle.
  In and of itself reimportation is not enough, but it is the first 
step. We need to do more. We need to pass a prescription drug measure 
under the Medicare system. But by passing this provision, we will be 
going a long way to reducing the overall cost of prescription drugs.
  Do not hide behind closed doors. Meet in conference. Let the 
conferees meet. Let all of us vote on this very, very important issue.
  Ms. KAPTUR. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro), a member of the subcommittee who has worked 
diligently all year and whose voice should be allowed to be heard in 
full conference and open public hearings.
  Ms. DeLAURO. Mr. Speaker, I rise in strong support of this motion to 
instruct. We were promised that in this Congress under this Republican 
leadership that the trains were going to run on time. Well, not only 
has the train not run on time, it has completely derailed. To tell 
members of any committee that they are not even able to sit as a 
conferee on their own bill in fact undermines the credibility of this 
House. It is an affront to each and every Member. This does not protect 
the decisions that were made by the members of the subcommittee. I am a 
member of this subcommittee. I take the job very, very seriously. This 
conference report was negotiated in the dead of night by a few members 
of the Republican leadership behind closed doors.
  Let me say that we worked hard with our colleagues on the other side 
of the aisle up until this point, the gentlewoman from Ohio and the 
gentlemen from New York, California, and Florida and myself, we were 
engaged. My God, we have been left out of the process. This is not a 
democracy. This is capitulation.
  Do you know what is in this bill? Vital things, incredibly important 
to people in this country. The prescription drug reimportation piece of 
it is vital to our seniors.

                              {time}  1315

  It says we are going to bring down the cost of prescription drugs to 
people in this country, to seniors in this country.
  Sanction reform for our farmers, it says let our farmers sell their 
products overseas, alternative fuel source, food stamps, nutrition 
programs for women and children, help for hard-working families and 
their families.
  Connecticut leads New England in farm income, in fruit, and milk 
production. As a Member of Congress, it is my responsibility to 
represent my constituents. This report denies my constituents a chance 
to be heard.
  Too much is at stake. Let us allow the conferees to sit down, to 
review the issues, to make their determinations. Let them do their job. 
When you lock Members of this House out of the conference, when a 
handful of people decide to cast votes, then you shut my constituents 
out of this process. That is not the message that this House needs to 
be sending.
  Ms. KAPTUR. Mr. Speaker, I yield 3 minutes to the gentleman from the 
State of Vermont (Mr. Sanders), who has moved the issue of prescription 
drugs and fair pricing to all Americans to center stage.
  Mr. SANDERS. Mr. Speaker, I thank my good friend for yielding me 
time. I appreciate and congratulate her on the work she does as the 
ranking member, and the gentleman from New Mexico (Mr. Skeen) on the 
work he does.
  Mr. Speaker, there is not much I can add to what the gentleman from 
New York (Mr. Crowley) and the gentlewoman from Connecticut (Ms. 
DeLauro) have already said. There is a lot in the agricultural 
appropriations bill which concerns me, but the issue that concerns me 
most is something that I have been working on for the last 14 months, 
and that is an effort to substantially lower the cost of prescription 
drugs in this country.
  I made a trip with folks from northern Vermont over the Canadian 
border over a year ago, and what we discovered on that trip is that 
prescription drugs could be purchased in Canada for

[[Page 19955]]

substantially lower prices than they are in the United States. The 
widely prescribed breast cancer drug Tamoxifen was selling in Canada 
for one-tenth the price that it sells in the United States.
  In fact, at a time when the pharmaceutical industry last year saw $27 
billion in profits, they are charging the American people by far the 
highest prices in the world for prescription drugs, most of which are 
made right here in the United States of America.
  Now, why is this motion that we are discussing now so important? I 
will tell you why. The issue is the reimportation bill, which passed 
the House, which passed the Senate. Is that bill going to be written by 
representatives of the American people, or is it going to be written 
behind closed doors by the pharmaceutical industry, the most profitable 
industry in this country?
  The pharmaceutical industry has 300 paid lobbyists in Washington, 
D.C. The pharmaceutical industry has spent $40 million in opposition to 
this legislation. The pharmaceutical industry has contributed millions 
and millions of dollars to both political parties, and last night, not 
last week, last night, they held a fund-raiser for the Republican Party 
where millions of dollars were raised.
  The question is, do we have an open debate in order to pass serious 
legislation without loopholes, without impediments, without the drug 
companies putting in little language which will make our legislation 
unenforceable or meaningless, or do we have serious legislation that 
representatives of the United States Congress participate in writing?
  The pharmaceutical industry should not write this bill behind closed 
doors; the elected representatives of the American people should write 
this legislation. Let us pass this.
  Mr. SKEEN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Chairman Young).
  Mr. YOUNG of Florida. Mr. Speaker, I thank the gentleman for yielding 
me time. I want to compliment the gentleman for a good job in getting 
the bill passed.
  Mr. Speaker, as my friend from Florida (Mr. Boyd) said, over 60 days 
ago we passed this bill in the House, and we have passed all 13 bills 
in the House. But as I listen to my friends on the other side, it looks 
to me like they are trying to create an issue that is not there, 
because my friend and colleague from New Mexico, the chairman, has said 
that he does not have any objection to this motion to instruct. So I do 
not understand the arguments, because they seem to try to make an issue 
that is not even there.
  As far as debating, as the last speaker said, we have spent more time 
in this Chamber and in the Committee on Appropriations this year 
debating matters that are extraneous and have nothing to do with 
appropriations bills. We have spent more time this year in genuine 
debate on those extraneous issues than we have in many, many years in 
the past.
  So I say again, I am glad they pointed out the fact that we have 
passed all of our bills, and I am glad to repeat what my friend the 
gentleman from New Mexico (Mr. Skeen) has said, we do not object to 
this motion. So what is the issue?
  Ms. KAPTUR. Mr. Speaker, will the gentleman yield?
  Mr. YOUNG of Florida. I yield to the gentlewoman from Ohio.
  Ms. KAPTUR. Mr. Speaker, I have the greatest respect for the 
gentleman from Florida, and I wonder if he would be willing to answer a 
question.
  The Chairman has a tremendous weight on him, and I have some 
understanding of that. I do want to ask the gentleman, however, seeing 
as how he says that the gentleman from New Mexico (Mr. Skeen) has no 
objection to this motion, does that mean that if the motion passes, the 
members, the full set of members of the Subcommittee on Agriculture and 
Rural Development will be able to meet in full and open conference to 
deal with our disagreements with the members in the other body? Or does 
it mean, as last year, that our members would be appointed, but then 
the conference never called and the bill written in the back rooms here 
and brought to the floor?
  Could the gentleman describe the process forward?
  Mr. YOUNG of Florida. Mr. Speaker, reclaiming my time, I would 
respond to the gentlewoman that, yes, we would intend to meet in 
conference, and to suggest that we have not done that is erroneous.
  We have a very intense conference meeting underway right now on one 
of the other conference reports. I have spent, as have many of our 
colleagues on both sides of the aisle, many, many hours in conference 
with the other body, and, in fact, with representatives of the White 
House, trying to iron out the differences between the House bills, the 
Senate bills and the position of the administration.
  So the truth is, we have spent a massive amount of time in conference 
trying to resolve these differences. I understand that the agriculture 
bill is an extremely important measure and there are some strong 
differences between the House and the Senate. They will have to be 
worked out, and I would suggest to the gentlewoman that they will be 
worked out in a regular conference.
  Ms. KAPTUR. Mr. Speaker, if the gentleman would yield further, so the 
gentleman would agree that our full membership would participate, the 
full membership of the subcommittee, in those discussions?
  Mr. YOUNG of Florida. Mr. Speaker, reclaiming my time, I would 
respond to the gentlewoman by saying that is why we do not object to 
this motion to instruct.
  Mr. SKEEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, when the other body acted on the agriculture 
appropriation bill, they added a great amount of new matter, items that 
are within our subcommittee's jurisdiction as well as many items in 
other areas. All of the new matter is in addition to the routine 
differences we have every year on the basic bill.
  We have been working hard on the differences between the House-passed 
bill and Senate-passed bill. We need to proceed one step at a time, and 
I think the step we need to take right now is to appoint the House 
conferees. So let us get on with it and do that.
  Mr. Speaker, I reserve the balance of my time.
  Ms. KAPTUR. Mr. Speaker, I yield 1 minute to the very distinguished 
gentleman from Maine (Mr. Baldacci).
  Mr. BALDACCI. Mr. Speaker, I thank the gentlewoman for yielding me 
time. The gentlewoman from Ohio (Ms. Kaptur) has been working very hard 
and done a very good job in her leadership on the Committee on 
Agriculture, and I have enjoyed working with her, as well as the 
gentleman from New Mexico (Mr. Skeen) under his leadership, and the 
gentleman from Florida (Mr. Young) and his leadership and the gentleman 
from Wisconsin (Mr. Obey).
  Mr. Speaker, recognizing that as we get down to the final days of 
this session and the need and interest to be able to discuss and debate 
and to analyze these issues, as we move these things along, we want to 
make sure that we do move these things along, I want to encourage both 
sides to get together.
  As far as the debate and the discussion of these issues, there is a 
very important measure as it pertains to the reimportation issue, which 
I have worked with the Members on the other side on very diligently, in 
trying to do it in a bipartisan fashion and have safety first. We want 
to make sure that that measure certainly has the safety, protection and 
safeguards necessary for public health, but, at the same time, that we 
do not create enough roadblocks and obstacles where it would be 
rendered meaningless.
  Mr. SKEEN. Mr. Speaker, I yield 1 minute to the gentleman from South 
Carolina (Mr. Sanford).
  Mr. SANFORD. Mr. Speaker, I would simply like to make the point that 
the issue of Cuba travel has ended up in a sort of political no-man's 
land. We were told in the Treasury-Postal bill it would be handled in 
the Agricultural bill.
  I would urge the chairman and those who are going to be in this 
conference

[[Page 19956]]

to actually take up that issue, because, if not, it is going to find 
itself off in the dust bins or at least the far corners of this 
political debate. I think it is an important political debate, having a 
lot to do with the constitutional rights that all Americans should 
enjoy.
  Mr. SKEEN. Mr. Speaker, I yield back the balance of my time.
  Ms. KAPTUR. Mr. Speaker, I yield myself the balance of my time.
  The SPEAKER pro tempore (Mr. Quinn). The gentlewoman from Ohio (Ms. 
Kaptur) is recognized for one minute.
  Ms. KAPTUR. Mr. Speaker, first I would like to say to the gentleman 
from Maine (Mr. Baldacci), because he represents the Northeastern home 
heating reserve issue so well, he represents all States. So I want to 
say to the gentleman, his reach extends beyond his own State in many 
ways. I thank him for speaking on behalf of the motion to instruct.
  Mr. Speaker, I ask our colleagues to vote for the motion to instruct.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentlewoman from Ohio (Ms. Kaptur).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. KAPTUR. Mr. Speaker, I object to the vote on the grounds that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 409, 
nays 0, not voting 24, as follows:

                             [Roll No. 502]

                               YEAS--409

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Bryant
     Burton
     Buyer
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Ford
     Fossella
     Fowler
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (IN)
     Hill (MT)
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Isakson
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (NY)
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Schaffer
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                             NOT VOTING--24

     Brown (FL)
     Burr
     Callahan
     Chenoweth-Hage
     Clay
     Cunningham
     Danner
     Eshoo
     Everett
     Forbes
     Franks (NJ)
     Jones (OH)
     Klink
     Lazio
     McCarthy (MO)
     McCollum
     McIntosh
     Paul
     Pickett
     Scarborough
     Talent
     Vento
     Wise
     Young (AK)

                              {time}  1347

  Mr. ROTHMAN changed his vote from ``nay'' to ``yea.''
  So the motion to instruct was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Ms. McCARTHY of Missouri. Mr. Speaker, during rollcall vote No. 502, 
I was unavoidably detained. Had I been present, I would have voted 
``yea.''
  The SPEAKER pro tempore (Mr. Quinn). Without objection, the Chair 
appoints the following conferees: Messrs. Skeen, Walsh, Dickey, 
Kingston, Nethercutt, Bonilla, Latham, Mrs. Emerson, Mr. Young of 
Florida, Ms. Kaptur, Ms. DeLauro, and Messrs. Hinchey, Farr of 
California, Boyd and Obey.
  There was no objection.

                          ____________________