During a Senate Appropriations Committee business meeting, Senators Jeff Merkley (D-OR) and John Hoeven (R-ND) debated an amendment to the Agriculture, Rural Development, FDA Appropriation Act.
00:00to speak on the bill, or I'm sorry, Senator Merkley. I do, thank you Madam
00:06Chair, and I do have an amendment if it's appropriate at this time. Yes. And thank
00:09you Senator McConnell for striving to make sure our children are not exposed
00:14to hallucinogenic or, or it's a bypass of really the cannabis laws elsewhere, so I
00:20know that's important work to be done on the hemp. The, but this one year will
00:24enable our farmers who are growing hemp currently to produce this year's crop
00:29within the existing framework, and we'll have a conversation over the coming
00:33year. I, my amendment number two, the Agricultural Research Service amendment, I
00:40have five ARS stations in my state, and they go to very specific products that
00:47are grown in Oregon. We have a wheat farming research station, we have a berry and fruit
00:52station, we have a grazing grass and, and how to recover from grazing lands from
00:57wildfires, we have a shellfish station, and I'm missing one. Oh yeah, forest, forest
01:06health research. Forests are being a very important product in our state, timber. And
01:12the, what my amendment asked to do is to take and make sure that the funds that we
01:19have in the report are in fact embedded in legislation, so they'll be spent as
01:24intended. I just want to make sure that ARS stations, so important to ag across the
01:30country, never become subject to any sort of political pressures or threats. Our
01:39farmers depend with so many invasive species, so many both plants and, and other
01:47organisms that are all continuously disrupting our best laid plans for
01:51agriculture. We need to do this continuous research, and so this just makes sure that
01:56what we're laying out in this particular bill is honored. Thank you.
02:02Senator Hoven. So essentially what Senator Merkley's amendment would do, it would say that ARS cannot make any adjustment
02:15whatsoever to any of the accounts, and that they have to spend it exactly the way they did last year, whether that makes sense or not.
02:22And so we have tried to accommodate him, by essentially including report language in there that, that provides that direction.
02:33But to say that they have to spend every single penny of 1.8 billion and they can't make any adjustment on any common sense basis,
02:42it goes beyond what we feel we can do. And remember, we funded ARS with a 2% increase.
02:51So all these accounts are funded, right? But to say they're going to have no discretion whatsoever, we don't think works.
02:57So what we have agreed to do is we say in Section 773, none of the funds made available to the Department of Ag in this or any other act may be used to close or
03:07consolidate resources or locations of any existing ag research service laboratories and facilities without prior notification and approval of the committee on appropriations of both houses of Congress.
03:19So again, we've tried to accommodate this in what I would say is a common sense way. And that's why I do oppose.
03:28Though I'm trying to accommodate and make sure that Senator Merkley's concern is addressed.
03:33I just don't feel that we can take away all discretion at the level that his amendment would. And that's why I do oppose.
03:40Would my colleague feel... Senator Merkley.
03:43Oh, thank you very much. Would my colleague consider it a solution if we were to take your report language, which does provide flexibility,
03:51and put it actually into legislative language? Because what we have learned is report language has no force of law.
03:57But you do have flexibility in your report language. And if we could cop, the intent was to essentially give that a little more like,
04:04yes, we want the executive branch to remember that what we're laying out should be seriously considered.
04:10And I appreciate the flexibility you put in there.
04:12Yeah, I think that might work. As long as they have some... If they come back to us for approval and it makes sense and we give them approval,
04:19something like that could work.
04:23Can I make a on-the-wing motion to instead take the language that's in the report language that Senator Hovind has put in
04:31and put it into the legislative text?
04:35The Senator has the right to modify his amendment. And as I understand it, there already is language to prohibit the use of funds
04:48to close or consolidate resources or locations for ARS without House and Senate notice and approval.
05:00Yeah, that's in there already.
05:03Yes, and that's in the report language, right? So we'd be moving that into the legislative language?
05:09That's what I'm suggesting. So that that language you...
05:13The provision... Well, let's make sure we're talking about the same thing.
05:16I think the provision that you actually cited is already bill language.
05:20We are not in a position to take your language and make it bill language because then, as I say,
05:25they couldn't move a single penny whether it made sense or not.
05:28I think the issue we need to clarify, since I think you agree on the outcome...
05:39Maybe.
05:40...is on not having funds be used to close an ARS office without House or Senate notice and approval.
05:52I think the issue is, is it in the report or is it in the bill?
05:59Okay, it's in the report.
06:01Well...
06:02And Mr. Chairman...
06:03His amendment isn't about...
06:05No, he's offering to modify his amendment to track your language but put it in the bill rather than the report.
06:17Two different things.
06:18Yes.
06:19So that it's more binding.
06:20What we're saying is we're going to keep that in the report, but you have that in the language.
06:27Oh.
06:28Yeah, I think we're confusing the issue.
06:32My understanding of Senator Merkle's amendment is he wants to say for the funding allocated to different ARS stations, it can't be changed.
06:39Period.
06:40The language we have in the bill says it relates to something actually Senator Durbin and I talked about earlier,
06:45and that is that you can't close any ARS facilities without prior approval of this committee and the House Approves Committee.
06:54Those are two different issues.
06:56But the Senator's offering to modify his amendment as I understand it.
07:01Yes, there is confusion about whether the language you cited is in the report or in the legislative text.
07:10I like your language.
07:12It's so good, in fact, that I'm suggesting we put that language into the legislative text.
07:17Again, you're...
07:19That's...
07:20No.
07:21Now you're talking about a different issue.
07:23One's closing offices, one's making sure they can't change how they spend.
07:28So now you're offering a different amendment.
07:30I was so persuaded by your lucid explanation of what we think is in report but would like to have in legislative text.
07:39There is still some confusion about whether that language is where it's located, apparently.
07:45But if it's already in legislative text, then I applaud you.
07:49If it's not, I suggest moving that part into legislative text.
07:53No, I think that got confused in my write-up when we started talking about...
08:01So now you want to go from the funding, now you want to shift horses, and now you want to talk about changing language regarding closure of offices.
08:08Is that right?
08:10I...
08:11Again, I'm applauding your language, recognizing that that sounded a lot like what I wanted to accomplish.
08:18And...
08:19But I wanted to have the force of law that Congress be consulted before offices be closed.
08:25So...
08:29I...
08:30I'm admiring your work.
08:31Yeah.
08:32I was gonna...
08:33And suggesting we give it a little more punch.
08:35Madam Chair.
08:37Maybe...
08:38Chair Shaheen.
08:39Maybe we could ask the staff to work on this for a little bit.
08:42That would be great.
08:43While we finish with the rest of the bill.
08:45Yes.
08:46I think, as I understand what Senator Merkley's asking, he is actually changing what he was proposing in his amendment...
08:54Correct.
08:55...to what is already in the report language.
08:57Right.
08:58Which you and I have gone back, which you and I have worked on...
09:00Right.
09:01...at length.
09:02But the issue, the language you're agreeing to, it's just a question of can we put it into bill text as opposed to...
09:10Correct.
09:11...to report language.
09:13So it's that language.
09:14This is in the bill.
09:15That's the bill.
09:16Okay.
09:17Okay.
09:18Well, that is being worked out by the staff in the hopes of achieving an agreement.
09:28Yeah.
09:29The reason I'm reluctant to do this is we've negotiated this, you know, at length.
09:35And so now, Senator Merkley's proposed one amendment, but now he's proposing a different amendment,
09:42and something that we had negotiated for quite a while.
09:44Right.
09:45And ended up with it in there as report language, and that was a compromise we had come to.
09:50And that's why I'm reticent.
09:51And so I'm perfectly willing to let the staff talk here a little bit, see where they come out.
09:57And if there's something else we can take up the interim, let's do that.
10:00And let's give it a try.
10:03Sure.
10:04And we'll see what happens.
10:05Right on.
10:06I know you have worked very hard on this, and that there was bipartisan support.
10:12May I ask if there are other amendments to this bill?
10:20Is there anyone who wishes to speak on this bill?
10:27Well, so if you could resolve this issue quickly, we could move to final passage of this bill.
10:37Bill's language.
10:54The only other thing I'd offer is that at some point, if we can get this through the Senate,
11:00we're going to have to go to the House, and I'm trying to keep something that maybe actually works and takes us the distance.
11:06Again, Senator Sheen and I have spent a lot of time on this, and that's why I'm a little reluctant to change it at this point.
11:11And you've done, and both of you have done an excellent job.
11:15Senator Merkley.
11:17Madam Chair, I do appreciate this language, Section 773, that is in statutory language, not in report language.
11:27So that's what I was hoping to accomplish.
11:29I wanted also the funding levels, but this at least gets the heart of my concern.
11:36We had our scientists at several of our research stations fired overnight and basically shut down the research.
11:46They were then rehired after the agricultural community, and Senator Wyden and I pointed out how important these scientists were.
11:54Research stations are just not something to be messed with politically.
11:58I think you've attempted to accomplish that with what is here.
12:01It doesn't go as far as my amendment did, but I'll accept that this is hopefully intent that will help carry weight,
12:08that the stations not be shut down or, if you will, have their funding taken away, given that we've laid out in a table in the bill how we hope the funds will be spent.
12:25And as you point out, at least some flexibility, but I think you're, I hear a sense, and I've talked to many colleagues who know how important these research stations are.
12:34And if we can carry that spirit in conversations with the executive branch, I'll take that.
12:38Well.
12:40That's why I said you should have great confidence in your ranking member, because she did a beautiful job of negotiating that for you, and I commend her for it.
12:47I commend you both.
12:50Well, we're all commending everything, and everyone's happy seeing no further amendments.
12:56I would suggest that the bill be reported by voice vote.
13:03Does anyone object to a voice vote?
13:07Oh, good point.
13:08We've already done it at the very beginning.
13:11So, seeing no further amendments, the bill will be reported as amended.
