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# Legislative Bulletin...............................................October 5, 2004

**Contents:**

**Suspensions:**

> *(numbers indicate order of bills are listed on today's schedule)*
>
> **13) H.R. 4620** --- A bill to confirm the authority of the Secretary
> of Agriculture to collect approved State commodity assessments on
> behalf of the State from the proceeds of marketing assistance loans
>
> **14) H.R. 4569** --- To provide for the development of a national
> plan for the control and management of Sudden Oak Death, a tree
> disease caused by the fungus-like pathogen Phytophthora ramorum, and
> for other purposes
>
> **15) H.R. 3514** --- To authorize the Secretary of Agriculture to
> convey certain lands and improvements associated with the National
> Forest System in the State of Pennsylvania, and for other purposes
>
> **16) H. R. 2984** --- To amend the Agricultural Adjustment Act to
> remove the requirement that processors be members of an agency
> administering a marketing order applicable to pears
>
> **17) H.Res. 481**---Recognizing the establishment of Hunters for the
> Hungry programs across the United States and the contributions of
> those programs to efforts to decrease hunger and help feed those in
> need
>
> **18) H.Res. 261**---Expressing the support of the House of
> Representatives for the efforts of organizations such as Second
> Harvest to provide emergency food assistance to hungry people in the
> United States, and encouraging all Americans to provide volunteer
> services and other support for local anti-hunger advocacy efforts and
> hunger relief charities, including food banks, food rescue
> organizations, food pantries, soup kitchens, and emergency shelters
>
> **19) H.R. 5042---**To amend the Department of Agriculture Organic Act
> of 1944 to ensure that the dependents of employees of the Forest
> Service stationed in Puerto Rico receive a high-quality elementary and
> secondary education
>
> **20) S. 33**---To authorize the Secretary of Agriculture to sell or
> exchange all or part of certain administrative sites and other land in
> the Ozark-St. Francis and Ouachita National Forests and to use funds
> derived from the sale or exchange to acquire, construct, or improve
> administrative sites
>
> **21) H.R. 2119**---A bill to provide for the conveyance of Federal
> lands, improvements, equipment, and resource materials at the Oxford
> Research Station in Granville County, North Carolina, to the State of
> North Carolina
>
> **23) H.R. 163---**To provide for the common defense by requiring that
> all young persons in the United States, including women, perform a
> period of military service or a period of civilian service in
> furtherance of the national defense and homeland security

H.R. 4620 --- A bill to confirm the authority of the Secretary of
Agriculture to collect approved State commodity assessments on behalf of
the State from the proceeds of marketing assistance loans (Nethercutt)

**[Order of Business]{.underline}:** The bill is scheduled to be
considered on Tuesday, October 5, 2004, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 4620, as amended, states that the
Secretary of Agriculture may collect commodity assessments from the
proceeds of a marketing assistance loan for the producer, if a state law
requires such a payment. The collection shall be made as specified in an
agreement between the Secretary of Agriculture and the state requesting
the collection. The bill notes this collection authority does not extend
to a state tax or other state revenue collections.

**[Additional Information:]{.underline}** According to the bill sponsor,
"recently USDA determined that it would no longer honor a Memorandum of
Understanding between a commodity commission and USDA, if the state
commission changes the assessment rate. USDA claims that it lacks
statutory authority to recognize new or modified Memorandums of
Understanding. Recently, wheat growers in California and Washington
voted to increase their support of commodity activities by approving an
assessment increase. This decision by USDA not to honor amended
Memorandums of Understanding could cause serious financial harm to the
work of the commissions. The use of these funds is very important during
times of low prices and oversupply, when the need for expanding markets
and increased research is critical."

**[Committee Action]{.underline}**: The bill was introduced on June 18,
2003, and referred to the Committee on Agriculture. The Committee marked
up the bill and passed it out as amended on September 22.

**[Cost to Taxpayers]{.underline}**: A CBO cost estimate is unavailable.
The sponsor reports that, "According to USDA, the cost of implementing
this legislation would be minimal, since the collection procedure is
already in place and will only require a change in the factor of the
assessment."

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: An Agriculture Committee
report citing authority is unavailable.

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov, (202) 226-9719

**H.R. 4569 --- To provide for the development of a national plan for
the control and management of Sudden Oak Death, a tree disease caused by
the fungus-like pathogen Phytophthora ramorum, and for other purposes
(Burns)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, October 5, 2004, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4569, requires the Secretary of
Agriculture, subject to availability of funds, to "develop a national
plan for the control and management of Sudden Oak Death, a forest
disease caused by the fungus-like pathogen Phytophthora ramorum." The
bill requires the Secretary to complete the plan and commence
implementation as soon as practicable after the date on which funds are
first appropriated..

**[Committee Action]{.underline}**: The bill was introduced on June 15,
2004, and referred to the Committee on Agriculture., which did not
consider it.

**[Cost to Taxpayers]{.underline}**: The bill authorizes such sums as
may be necessary. A CBO cost estimate is unavailable.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill requires a report and
implementation of a report at the Department of Agriculture.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: An Agriculture Committee
report citing authority is unavailable.

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov, (202) 226-9719

**H.R. 3514 --- To authorize the Secretary of Agriculture to convey
certain lands and improvements associated with the National Forest
System in the State of Pennsylvania, and for other purposes (Peterson of
Pennsylvania)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, October 5, 2004, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3514, authorizes Secretary of
Agriculture to convey four federally owned properties.

1)  The Secretary is authorized by sale or exchange, any and all right,
    title, and interest of the United States in and to at least 17.4
    acres in the Allegheny National Forest in Pennsylvania. The bill
    authorizes the Secretary to accept a cash equalization payment in
    excess of 25 percent of the value of any land exchanged, and "may
    give a preference to public entities that agree to use the land for
    public purposes."

2)  The Secretary may convey to the Warren County Development
    Association of Warren County, Pennsylvania, for \$100,000, the
    Sheffield Ranger District Headquarters, consisting of 5.50 acres.

3)  The Secretary may convey to Ridgeway Township, Pennsylvania, all
    right, title, and interest to Ridgway Ranger District Headquarters,
    which consists of approximately 9.7 acres. The Township shall pay to
    the Secretary an amount equal to the fair market value of the
    conveyed lands, as determined by an appraisal acceptable to the
    Secretary and Ridgeway Township.

4)  The Secretary may convey without consideration, the Marienville
    ranger residence to the Marienville Volunteer Fire Department of
    Forest County, Pennsylvania.

Funds collected under H.R. 3514 shall be deposited in the fund commonly
known as the Sisk Act Fund, and under H.R. 3514 shall be available to
the Secretary, without further appropriation, for "the acquisition,
construction, or improvement of administrative facilities and sites for
the Allegheny National Forest; or the acquisition of land and interests
in land in the Allegheny National Forest."

**[Committee Action]{.underline}**: The bill was introduced on November
18, 2003, and referred to the Committee on Agriculture. Although no
official action was taken on the bill, the Agriculture committee did
provide an amended text that will be considered on the House floor
today.

**[Cost to Taxpayers]{.underline}**: A CBO cost estimate is unavailable.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill conveys certain parcels of federal
land to state or private ownership, though it does allow proceeds gained
to possibly acquire more federal lands.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: An Agriculture Committee
report citing authority is unavailable.

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov, (202) 226-9719

**H.R. 2984-To amend the Agricultural Adjustment Act to remove the
requirement that processors be members of an agency administering a
marketing order applicable to pears (Walden)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, October 5, 2004, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 2984 amends the Agricultural Adjustment
Act (7 U.S.C. 608c(7)(C)) to strike provisions relating to pears. This
essentially removes the requirement that an agency administering a
marketing order for pears have a representative of processors. The
affect of H.R. 2984 on current law is as follows:

There shall be included in the membership of any agency selected to
administer a marketing order applicable to grapefruit **~~or pears~~**
for canning or freezing one or more representatives of processors of the
commodity specified in such order: ~~**Provided, That in a marketing
order applicable to pears for canning or freezing the representation of
processors and producers on such agency shall be equal.**~~

**[Committee Action]{.underline}**: The bill was introduced on July 25,
2003, and referred to the Committee on Agriculture., which did not
consider it.

**[Cost to Taxpayers]{.underline}**: A CBO cost estimate is unavailable.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**:

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**:

**[Constitutional Authority]{.underline}**: An Agriculture Committee
report citing authority is unavailable.

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov, (202) 226-9719

H.Res. 481---Recognizing the establishment of Hunters for the Hungry
programs across the United States and the contributions of those
programs to efforts to decrease hunger and help feed those in need
(Gingrey)

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Tuesday, October 5^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.Res. 481 would resolve that the House:

-   "recognizes the cooperative efforts of hunters, sportsmen's
    associations, meat processors, State meat inspectors, and hunger
    relief organizations to establish Hunters for the Hungry programs
    across the United States; and

-   "recognizes the contributions of Hunters for the Hungry programs to
    efforts to decrease hunger and help feed those in need."

**[Additional Background]{.underline}**: For more information on Hunters
for the Hungry programs in your state, visit this website:
<http://www.nrahq.org/hunting/hungry_nat_list.asp>

**[Committee Action]{.underline}**: On December 8, 2003, the resolution
was referred to the Agriculture Committee. A few days later, it was
referred to the Subcommittee on Department Operations, Oversight,
Nutrition and Forestry. Neither entity took official action on the
legislation.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
expenditure.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

H.Res. 261---Expressing the support of the House of Representatives for
the efforts of organizations such as Second Harvest to provide emergency
food assistance to hungry people in the United States, and encouraging
all Americans to provide volunteer services and other support for local
anti-hunger advocacy efforts and hunger relief charities, including food
banks, food rescue organizations, food pantries, soup kitchens, and
emergency shelters (Wolf)

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Tuesday, October 5^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.Res. 261 would resolve that the House
"supports the efforts of organizations such as Second Harvest to provide
emergency food assistance to hungry people in the United States, and
encourages all Americans to provide volunteer services and other support
for local anti-hunger advocacy efforts and hunger relief charities,
including food banks, food rescue organizations, food pantries, soup
kitchens, and emergency shelters."

**[Committee Action]{.underline}**: On June 5, 2003, the resolution was
referred to the Agriculture Committee. A few days later, it was referred
to the Subcommittee on Department Operations, Oversight, Nutrition and
Forestry. Neither entity took official action on the legislation.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
expenditure.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

H.R. 5042---To amend the Department of Agriculture Organic Act of 1944
to ensure that the dependents of employees of the Forest Service
stationed in Puerto Rico receive a high-quality elementary and secondary
education (*Del. Acevedo-Vila*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, October 5^th^, under a motion to suspend the
rules and pass the bill.

**[Summary (as introduced)]{.underline}**: H.R. 5042 would allow
appropriations for the Forest Service to be available to the Secretary
of Agriculture to cover the cost of primary and secondary schooling
(including related transportation) of dependents of Forest Service
personnel stationed in Puerto Rico yet subject to transfer and
reassignment to other locations in the United States.

**[Committee Action]{.underline}**: On September 9, 2004, the bill was
referred to the Agriculture Committee, which took no official action on
it.

**[Cost to Taxpayers]{.underline}**: The bill would not authorize any
new appropriations.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

S. 33---To authorize the Secretary of Agriculture to sell or exchange
all or part of certain administrative sites and other land in the
Ozark-St. Francis and Ouachita National Forests and to use funds derived
from the sale or exchange to acquire, construct, or improve
administrative sites (*Senator Lincoln*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, October 5^th^, under a motion to suspend the
rules and pass the bill.

Note: This bill passed the Senate by unanimous consent on November 24,
2003.

**[Summary]{.underline}**: S. 33 would authorize the Secretary of
Agriculture to sell or exchange various lands (listed in the bill) in
the Ouachita National Forest (in Arkansas and Oklahoma) and in the
Ozark-St. Francis National Forest (in Arkansas). The proceeds would be
available for expenditure, without further Act of appropriation, for the
acquisition, construction, or improvement of administrative facilities,
land, or interests in land for the national forests in the States of
Arkansas and Oklahoma.

**[Additional Background]{.underline}**: For more information on the
forests, visit this website: <http://www.fs.fed.us/oonf/ouachita.htm>

**[Committee Action]{.underline}**: On December 8, 2003, the
Senate-passed bill was referred to the Committees on Resources and
Agriculture. The Resources' Committee's Subcommittee on Forests and
Forest Health held hearings on the bill on April 28, 2004, and on
September 23, 2004, the Agriculture Committee ordered the bill reported
to the full House.

**[Cost to Taxpayers]{.underline}**: CBO reports that the bill reported
from the Agriculture Committee would have no significant impact on the
federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

**H.R. 2119---A bill to provide for the conveyance of Federal lands,
improvements, equipment, and resource materials at the Oxford Research
Station in Granville County, North Carolina, to the State of North
Carolina**

(*Ballance* \[managed by *Butterfield*\])

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, October 5^th^, under a motion to suspend the
rules and pass the bill.

[Note]{.underline}: This bill was introduced by Rep. Frank Ballance
(D-NC), who resigned earlier this year citing health concerns. Rep.
Butterfield (D-NC) will manage this bill in place of former Rep.
Ballance.

**[Summary (as amended)]{.underline}**: H.R. 2119 would direct the
Secretary of Agriculture to convey (without payment) to the State of
North Carolina a parcel of federal land consisting of approximately 4.28
acres and administered as part of the Oxford Research Station in
Granville County, North Carolina. The conveyance would include the
improvements, equipment, and resource materials at the research station.
A legal survey of the property to be conveyed would be paid for by the
State of North Carolina.

**[Committee Action]{.underline}**: On May 15, 2003, the bill was
referred to the Agriculture and Government Reform Committees. Although
no official action was taken on the bill, the Agriculture Committee did
provide an amended text for floor consideration today. The original text
provided for the property to be leased; the amended text provides for a
conveyance.

**[Cost to Taxpayers]{.underline}**: Although no formal cost estimate is
available, nothing in this bill should yield a cost to taxpayers.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: Although no committee report
is available, Article IV, Section 3, Clause 2 grants Congress the power
to "dispose of and make all needful Rules and Regulations respecting the
Territory or other Property belonging to the United States."

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

H.R. 163---To provide for the common defense by requiring that all young
persons in the United States, including women, perform a period of
military service or a period of civilian service in furtherance of the
national defense and homeland security (*Rangel*)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, October 5^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 163 would reinstate the military draft
by requiring every citizen and resident of the United States between the
ages of 18 and 26 to perform two years of national service, either as a
member of the armed forces (active or reserve) or in a civilian capacity
that promotes the national defense and homeland security. This would
include both males and females.

The President would have to develop regulations to carry out the bill,
but could use the procedures provided in the Military Selective Service
Act (50 U.S.C. App. 451 et seq.), including procedures for registration,
selection, and induction. Postponements would be allowed for full-time
high school students and deferments would be allowed for individuals
facing extreme hardship or with a physical or mental disability.
Individuals with a conscientious objection to military service would not
be required to participate in any combatant training and may be
transferred to a national service program.

**[Additional Background]{.underline}**: Legal authority for the
involuntary induction of men into the Armed Forces expired on July 1,
1973. Currently the Selective Service System operates on standby status.
Young men are required to register with the system within 30 days before
or after their 18^th^ birthday.

Recently, Internet rumors and other individuals have alleged that the
Administration is taking steps to reinstate the draft.

**[Committee Action]{.underline}**: H.R. 163 was introduced on January
7, 2003, and referred to the Committee on Armed Services. The committee
did not consider the bill.

**[Administration Position]{.underline}**: President Bush recently
stated, "We don't need a draft. We will not have a draft as long as I'm
president of the United States."
<http://www.whitehouse.gov/news/releases/2004/10/20041004-12.html>

**[Cost to Taxpayers]{.underline}**: A cost estimate is not available.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill would reinstate the military draft.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is not available.

**[Staff Contact]{.underline}**: Lisa Bos, <lisa.bos@mail.house.gov>,
(202) 226-1630