Date: 1988-06-16
Speaker: DE LA GARZA (democrat)
Chamber: H

Mr. Chairman. I move to strike the requisite number of words. Mr. Chairman. I rise. as I have in the past when the agricultural appropriations bill has been considered by this House. to reaffirm the fact that report language accompanying this bill is merely advisory In nature and does not have the force of law. This year the report accompanying I.R. 4784 has a number of suggestions as to how the Secretary of Agriculture should administer the programs within his jurisdiction. I would like to make clear that where these suggestions conflict with the statutes authorized by the Committee on Agriculture. the statutes clearly prevail. Further. where the report language accompanying H.R. 4784 would limit the Secretarys discretion to operate the programs as he sees fit. the Secretary Is not bound to abide by this report language. Because I have had only a short time to review this bill and the report. I am sure that I have not noticed every Instruction to the Secretary that may contradict the authorizing statute in this regard. However. one such instruction is found on page 119 of the report. where the Committee on Appropriations "recommends" that the Commodity Credit Corporation sell 3 billion dollars worth of Its inventory of agricultural products on the world markets. This recommendation by the Committee on Appropriations runs directly contrary to the goals and mechnmisms of our current agricultural export nrograms. Similarly. the report recommends that funding for a special grants program for financially stressed and dislocated farmers be limited to programs in only eight States. I an happy to say that we have corrected this through the generosity of the chairman of the Committee on Appropriations for which I thank him. The problem had been that this particular program was first authorized under the Food Security Act of 1985 and subsequently changed In Public Law 100219 with the intention of helping farmers in need without regard to where they live. So I appreciate very much the distinguished chairman and the Committee on Appropriations working with us in this respect because we are aiming for the same direction and in this respect I think that we have it now where the intent of the authorizing committee and the intention of the Committee on Appropriations is met. Mr. Chairman. if any of these items had been included in the bill we are considering today. they would have been subject to a point of order for legislating on an appropriations bill. Similarly. report language seeking to achieve these ends does not have the force of law. If it did. it would be subJect to the same point of order. Mr. Chairman. I am concerned. very concerned. that ad hoc mandates. not properly studied by the committees of jurisdiction. could very well achieve an opposite result than the one sought. and could very well endanger the basic law Itself. So I think that we are engaging in what could be a dangerous precedentsetting situation. because if you take these examples. "The Secretary cannot act if the expenditure Is above" this amount or "the Secretary cannot act if it is below" this amount. let me inform my colleagues what could happen if this were done with other items. The Federal Depositor Insurance Fund. if expenditures exceeded a certain level. you cannot pay the salaries of personnel. that is the Committee on Banking. The Pension Benefit Guaranty Corporation outlays. If they surpass a particular level you cannot pay the salaries of personnel that is Committee on Education and Labor and the Committee on Ways and Means. The Work Incentive Program participants in Aid to Families with Dependent Children. if it increased beyond a stated amount you cannot pay the salaries of personnel. this would affect the Committee on Education and Labor and the Committee on Ways and Means. Medicare expenditures. if you would limit that in a similar way. it would affect the Committee on Energy and Commerce. Oil and gas leases. if they fall below a certain level you would not pay the expenditures of those who manage the program. that would affect the Committee on Interior and Insular Affairs. The oil spill liability trust fund payments. if they exceed specified amounts you cannot pay the salaries of personnel. that affects the Committee on Merchant Marine and Fisheries. Veterrans Administration homes foreclosures. if they increase over certain levels you cannot pay the salaries of personnel. this would affect the Committee on Veterans Affairs. These are areas where. if you went beyond this bill. and you went beyond legislation concerning agriculture. but you used the same precedent or the same working that you have here. a similar effect could occur. That is my concern.