E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, FEBRUARY 12, 2002 No. 12 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING The Senate will recess from 12:30 to called to order by the Honorable PRESIDENT PRO TEMPORE 2:15 today, which is traditional, for the DEBBIE STABENOW, a Senator from the The PRESIDING OFFICER. The weekly party conferences. State of Michigan. clerk will please read a communication f to the Senate from the President pro PRAYER RESERVATION OF LEADER TIME tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- The Chaplain, Dr. Lloyd John The legislative clerk read the fol- Ogilvie, offered the following prayer: pore. Under the previous order, the lowing letter: leadership time is reserved. Today on Abraham Lincoln’s birth- U.S. SENATE, f day, we pray remembering some of the PRESIDENT PRO TEMPORE, most significant things he said about Washington, DC, February 12, 2002. AGRICULTURE, CONSERVATION, prayer. ‘‘I have been driven many To the Senate: AND RURAL ENHANCEMENT ACT times upon my knees,’’ he said, ‘‘by the Under the provisions of rule I, paragraph 3, OF 2001 of the Standing Rules of the Senate, I hereby overwhelming conviction that I had no- The ACTING PRESIDENT pro tem- where else to go. My own wisdom, and appoint the Honorable DEBBIE STABENOW, a Senator from the State of Michigan, to per- pore. Under the previous order, the that of all about me, seemed insuffi- form the duties of the Chair. Senate will now resume consideration cient for that day.’’ When asked wheth- ROBERT C. BYRD, of S. 1731, which the clerk will report. er the Lord was on his side, he re- President pro tempore. The legislative clerk read as follows: sponded, ‘‘I am not at all concerned Ms. STABENOW thereupon assumed A bill (S. 1731) to strengthen the safety net about that, for I know that the Lord is the chair as Acting President pro tem- for agricultural producers, to enhance re- always on the side of the right. But it pore. source conservation and rural development, is my constant anxiety and prayer that to provide for farm credit, agricultural re- I—and this Nation—should be on the f search, nutrition, and related programs, to Lord’s side.’’ ensure consumers abundant food and fiber, RECOGNITION OF THE ACTING and for other purposes. Let us pray. MAJORITY LEADER Holy, righteous God, so often we Pending: sense that same longing to be in pro- The ACTING PRESIDENT pro tem- Daschle (for Harkin) amendment No. 2471, found communion with You because we pore. The distinguished Senator from in the nature of a substitute. Nevada. Daschle motion to reconsider the vote need vision, wisdom, and courage no (Vote No. 377—107th Congress, 1st session) by one else can give. We long for our pray- f which the second motion to invoke cloture ers to be affirmations that we want to SCHEDULE on Daschle (for Harkin) amendment No. 2471 be on Your side rather than appeals for (listed above) was not agreed to. You to join our causes. Forgive us Mr. REID. Madam President, we are Crapo/Craig amendment No. 2533 (to when we act like we have a corner on awaiting the arrival of Senator GRASS- amendment No. 2471), to strike the water LEY. conservation program. the truth, and our prayers reach no fur- Craig amendment No. 2835 (to amendment ther than the ceiling. In humility, we The Senate, today, will resume con- No. 2471), to provide for a study of a proposal spread our concerns before You and ask sideration of the farm bill, with 40 min- to prohibit certain packers from owning, for Your marching orders and the cour- utes of debate on the Grassley second- feeding, or controlling livestock. age to follow the cadence of Your degree amendment to the Craig amend- Santorum modified amendment No. 2542 drumbeat. Through Jesus who taught ment. Following this debate, there will (to amendment No. 2471), to improve the be 15 minutes of debate in relation to standards for the care and treatment of cer- us to pray, ‘‘Your will be done on earth tain animals. as it is in heaven.’’ Amen. the Crapo amendment and then 15 min- Feinstein amendment No. 2829 (to amend- utes of debate in relation to the Baucus ment No. 2471), to make up for any shortfall f amendment. Following these state- in the amount sugar supplying countries are ments on these measures, the Senate allowed to export to the United States each PLEDGE OF ALLEGIANCE will conduct a series of rollcall votes in year. Harkin (for Grassley) amendment No. 2837 The Honorable DEBBIE STABENOW led relation to the Grassley second-degree (to amendment No. 2835), to make it unlaw- the Pledge of Allegiance, as follows: amendment, the Crapo amendment, and the Baucus amendment. All ful for a packer to own, feed, or control live- I pledge allegiance to the Flag of the stock intended for slaughter. United States of America, and to the Repub- amendments, with the exception of the Baucus amendment No. 2839 (to amend- lic for which it stands, one nation under God, managers’ amendment, must be pro- ment No. 2471), to provide emergency agri- indivisible, with liberty and justice for all. posed before 3 p.m. today. culture assistance.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S597

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VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.000 pfrm02 PsN: S12PT1 S598 CONGRESSIONAL RECORD — SENATE February 12, 2002 Reid amendment No. 2842 (to the language does this by stating that it does not af- ship. I was concerned at that time, but proposed to be stricken by Crapo/Craig fect relationships where the producer I was also concerned about the myriad amendment No. 2533), to promote water con- ‘‘materially participates in the man- new tools being used in the market- servation on agricultural land. Enzi amendment No. 2843 (to amendment agement of the operation with respect place of sales and processing and dis- No. 2471), to require the Secretary of Agri- to the production of livestock.’’ We use tribution and horizontal and vertical culture to provide livestock feed assistance these words because they are familiar integration and regional differences to producers affected by disasters. terms to farmers and agricultural law- and operational capacities. All of these AMENDMENT NO. 2837 yers. This phrase draws a clear legal things have really not been talked The ACTING PRESIDENT pro tem- line. about by the chairman or by Senator pore. Under the previous order, there Now about the study. Farmers do not GRASSLEY or by Senator JOHNSON. And will now be 40 minutes of debate, equal- want another study that concludes all of a sudden a variety of very skilled ly divided, on the Grassley amendment there is a strong correlation between attorneys began to arise and say: Wait No. 2837. captive supplies and lower prices. The a moment. We think there is a very Mr. REID. Senator GRASSLEY has ar- USDA has told us this a number of real problem, a very real definitional rived now, so debate can begin. times before. A report, released on Jan- problem as it relates to the kinds of The ACTING PRESIDENT pro tem- uary 18 of this year, included a 15-page concerns that are very real in the mar- pore. The Senator from Iowa. appendix of all the previous studies ketplace today. Mr. HARKIN. Madam President, I dealing with packer ownership and cap- The chairman talked about a wish to make a very short statement tive supply. In summary, all these re- firestorm of concern erupting. You bet today. I would refer my colleagues to a ports basically said: As the packer’s there was. All of a sudden, what about lengthier statement I made when—— use of captive supplies increases, the brand name relationships? What about The ACTING PRESIDENT pro tem- farmer’s price for livestock decreases. what we call operational capacity in pore. Who yields time? So we know the facts. We have had livestock deficit areas, where con- If the Senator will suspend, we are on study after study. We know what is tracting and relationship keeps what the amendment. The Senator from good for our farmers. The National we call the throughput of a slaughter Iowa, Mr. GRASSLEY, has time. The Farmers Union, the American Farm operation so that we can sustain it and Senator controls 20 minutes. Bureau, and over 100 other farm, com- its employees? Had that been dealt a Mr. GRASSLEY. Madam President, I modity, and rural groups are sup- fatal blow? Were we really dealing with yield the Senator from Iowa, my col- porting the Grassley amendment. They something that maybe we hadn’t effec- league, 3 minutes. do not want another study to tell us tively thought through? Mr. HARKIN. I thank the Senator for what the other studies have already The firestorm produced a real con- yielding. I did not think we were on the told us. They want to limit the pack- cern. I worked with Senator GRASSLEY amendment yet. er’s ability to manipulate the market; in good faith. He has worked in good Madam President, I will make a they want a ban on packer ownership; faith. Out of that, he has produced a statement. I made a lengthier state- and that is what the Grassley amend- second-degree amendment to mine. ment on Friday when I offered the sec- ment does. That is why I strongly sup- My amendment says, let’s spend a ond-degree amendment for my col- port it and urge our colleagues to sup- couple of hundred days, put the experts league from Iowa, Senator GRASSLEY. port the Grassley amendment. together. Don’t tread on ice so thin Farmers and ranchers have long I thank the Senator for yielding me that we could collapse the way the sought a ban on a packer’s ability to this time. livestock marketing operations work own livestock. The reasons are simple: The ACTING PRESIDENT pro tem- today, the way the new relationships When packers own livestock, it gives pore. The Senator from Indiana. that are building dynamics in the mar- them a greater ability to manipulate Mr. LUGAR. Madam President, in a ketplace are working. They went the market because they control the moment the distinguished Senator ahead. Over the weekend a second-de- supply, and packer ownership shuts out from Idaho, Mr. CRAIG, will seek rec- gree amendment was produced in an ef- farmers from the market because the ognition on behalf of the opposition to fort to try to define what control is, packer fills its plant with company- the amendment. I ask Senator CRAIG to because that really is part of the fun- owned animals. control the time on our side. damental issue. I could read it. I think This past December, the Senate re- The ACTING PRESIDENT pro tem- it has already been read. It will be dis- sponded to these problems by adopting pore. The Senator from Idaho. cussed. the Johnson-Grassley amendment by a Mr. CRAIG. Madam President, I un- I believe this, in part, is a rush to 51-to-46 margin. That amendment pro- derstand the time on the Grassley sec- judgment to correct a problem that is hibited packers from owning, feeding, ond degree was 40 minutes, 20 to each yet not effectively studied and/or de- or controlling livestock for more than side equally divided. fined. I am not talking about a study 14 days before processing. The ACTING PRESIDENT pro tem- that goes on for year after year. I am After that amendment was adopted, pore. The Senator is correct. talking about us coming back next the packers created a firestorm with a Mr. CRAIG. I thank the Chair. year, having directed USDA in 200-plus lot of smoke and mirrors about the I will be brief in the beginning be- days to look at the full ramifications word ‘‘control.’’ They somehow argued cause we have now heard from the of the livestock industry and the that the amendment would affect for- chairman of the authorizing com- slaughter operations, the packers, the ward contracting and marketing agree- mittee. I share with the chairman the marketers, the wholesalers, the retail- ments, even though the amendment did kind of frustration to which he has just ers, the brand names, the carcass qual- not affect these types of arrangements. spoken as it relates to livestock prices ity, all of those kinds of things that Nevertheless, the packers gained some and transparency and reportability and are an integrated relationship in a new traction by the pure repetition of this ownership. There is no question that market today that producers are devel- argument. there is concern in the livestock indus- oping with packers that we are now de- So Senator GRASSLEY, Senator JOHN- try. ciding—or at least some are—is a SON, myself, and others worked with in- I come from a large beef-producing wrong relationship, and somehow we terested groups, such as the American State. I was once a rancher. I am very ought to legislatively step in and, by Farm Bureau, to further define ‘‘con- close to the livestock industry of my law, fix it. trol’’ so the packers could not even State. They have spoken to me about I am not opposed to fixing something pretend to make the argument that the this. We have talked about the issue. that is broken, but I am not at all con- amendment affects marketing con- Let me take the Senate back before vinced that it is yet broken. It may be tracts. today to December, when I voted for influenced. It might be tampered with. This is what the Grassley second-de- the Johnson-Harkin-Grassley amend- I don’t know that yet. I think an effec- gree amendment does. It makes it clear ment. I voted for it because I was told tive study could do that. that farmers may still contract for the these were the words that would deal I will agree that a study a few years sale of their livestock. The amendment with concentration or packer owner- ago indicated there was manipulation

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.003 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S599 in the market place, there was a mi- this additional language is now being Additionally, USDA has failed to hire nority record that said that captive offered, and we will have this debate attorneys to lead investigations on herd and packer concentration in that this morning and vote on this issue. competition cases despite the fact that regard was a problem. At the same With this additional clarification, we GAO made a recommendation and Con- time, I don’t think we rush to judg- have the support of most major farm gress appropriated increased money for ment here and collapse a marketing groups: the American Farm Bureau this purpose. system that is now growing and cre- Federation, National Farmers Union, USDA has done a lot of studies in the ating stability—maybe not the price plus many more. However, our col- past. They have found a strong correla- wanted but clearly stability and brand league from Idaho, who I greatly re- tion between increased captive supplies name and quality to the consumers of spect, proposes to strike my amend- and price. our country that is in reality strength- ment in exchange for a study on these However, the studies conducted by ening the market. issues. It seems to me that we have had USDA have not made a conclusion. That is with what we have to deal. I studies enough. The Senate Agri- Rather, they have been indecisive as to don’t believe the second degree gets us culture Committee has held three hear- action, this is why policy and legisla- there. It has not been effectively stud- ings on concentration of livestock mar- tion must clarify and strengthen exist- ied. It is in the eye of the legal mind kets, packer ownership, and other ing law. that created it last weekend—not issues—in June of 1998, May of 1999, and I encourage my colleagues to support months ago, not with hearings, just April of 2000. The problems are clear, the Grassley-Harkin second-degree this last weekend. and I believe they have been dem- amendment. Why don’t we take a breather, time- onstrated. Should we vote on Senator CRAIG’s out, 200 days? Examine this amend- This amendment applies to hogs, cat- amendment, I urge my colleagues to ment against the reality of control and tle, and sheep. A lot of the most recent oppose it and put a stop to concentra- market relationships and contract re- controversy has been relative to hogs. tion in the livestock industry. lationships, and see if this is where this The percentage of hogs owned by pack- Have no doubt about it, this is our country wants to direct its livestock ers rose from a modest 6.4 percent only opportunity to address the issue. Talk industry. I would hope not. I hope my in 1994 to a whopping 27 percent only 7 is fine. We can do this in 200 days or a colleagues will join with me in oppos- years later in 2001, according to the year or so down the road. The fact is, ing this second degree and, as a result, University of Missouri. This increase in this is the farm bill. The likelihood of passing the study dealing with this packer-owned hogs means that packers passing this legislation as a free- issue. prefer to buy their own hogs instead of standing bill, with all the controversies I reserve the remainder of my time. paying farmers a fair price. When pack- and lobbying that come into play, is The ACTING PRESIDENT pro tem- ers own their own farms and their own very slight. This is the opportunity. We pore. Who yields time? The Senator livestock, they don’t make purchases either act in the context of this farm from Idaho. from farmers who otherwise provide bill or I fear that years will go by be- Mr. GRASSLEY. I yield 5 minutes to economic contributions to our rural fore we have another opportunity to the Senator from South Dakota, Mr. communities—to main street busi- address the integration crisis we have JOHNSON. nesses, school districts’ tax base, in American agriculture—livestock in The ACTING PRESIDENT pro tem- banks, car dealerships, feed stores, and particular. We will find that the horse pore. The Senator from South Dakota. so on. is long out of the barn before we have Mr. JOHNSON. Madam President, I Frankly, those opposed to my amend- another opportunity to address this thank my friend, Senator GRASSLEY, ment prohibiting packer ownership of issue. my colleague from Iowa. livestock simply have a profoundly dif- I ask my fellow colleagues to support I come to the Chamber to make one ferent vision of what rural America the underlying amendment prohibiting final stand for my bipartisan amend- ought to be about. I believe we ought packer ownership of livestock, to sup- ment that restores fair competition to have independent livestock pro- port the clarification as it applies to and access in the livestock markets. ducers in a position where there is forward contracting, and to support Fifty-one Senators already voted for competition, and they can leverage a Senator GRASSLEY’s amendment. this provision which prevents decent price for their animals. I don’t Mr. ROBERTS. Madam President, it meatpacker ownership of livestock. believe the future of livestock produc- is with deep regret that I must rise I greatly respect the right of my col- tion in our Nation ought to be a series today in opposition to the second-de- leagues to demand a second vote on of low-paid employees of the packers gree amendment offered by my good this issue. That is what we will wind up on their own land bearing all the risk friend from Iowa. having today. To clear up any question and little of the profit for the produc- His intentions are good, but I sin- about the intent of our provision, Sen- tion of their animals. That is not the cerely believe his amendment will have ators GRASSLEY and HARKIN have of- direction I wanted livestock produc- unintended effects that will hurt pro- fered a second-degree amendment to tion in America to go. ducers in the long run and that could the Craig language making it clear We had strong bipartisan support for have an unfortunate effect on the live- that forward contracts can be used as a this amendment last December when it stock industry in the United States— marketing tool for both packers and was brought up. I am hopeful we can particularly the beef industry in Kan- producers under the underlying amend- retain that support so that those of us sas. ment that was passed with 51 votes ear- who have a more optimistic vision of a Kansans are proud of the beef indus- lier. competitive free enterprise and free try and the history it has played in our I don’t think there has ever been a market economy for livestock pro- state. From the days of the cattle serious issue about whether forward ducers can in fact envision them hav- drives that stretched from Texas to Ab- contracting is permitted under the ing more choices and options about ilene and Ellsworth it has been one of amendment which we passed last De- how to sell their animals and where to our top industries. cember. The leading agricultural ex- sell them. I have always argued that we need to perts in the world have examined that History demonstrates that USDA give our producers every tool necessary legislation and have all concluded that, studies simply won’t do the work. A to compete and that we should carry a in fact, there is no prohibition on for- case in point: USDA failed to take ac- big stick to ensure the packing indus- ward contracting on the underlying tion on a petition with regard to pack- try treats producers fairly. amendment. er ownership and captive supply. This Coming from Dodge City, I fully un- However, this issue has come up. petition was submitted in October of derstand the concerns of those who are There have been people who have 1996, initially published in the Federal worried about the largest packers hav- raised issues. I think it is a red herring Register for comment in January 1997, ing control over the market. Prior to a for those who simply do not want to hearings were held on September 21, devastating fire in late 2000 at the roll back the right of packers to own 2001, and USDA still has done nothing ConAgra beef division plant in Garden livestock outright, but, nonetheless, on this petition. City, KS we had all four of the major

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.006 pfrm02 PsN: S12PT1 S600 CONGRESSIONAL RECORD — SENATE February 12, 2002 meat packers doing business within a Last year 13,300 head were marketed tionships that have added value to a 100 mile radius of Dodge City. through USPB each week. product. No, it isn’t just a simple mat- While some argue that the packers In fiscal year 2001, USPB cattle ter of concentration so defined by con- have a crippling effect on the cattle earned an average of $18.95 per head in trol. We are talking about a new world market, I can tell you that the econ- premiums over the cash market. The in the livestock industry and industry omy of western Kansas would not sur- top 25 percent earned a $46 per head av- planning and adjustments to it. vive without the beef industry—indi- erage over the cash market, the top 50 Do I like it as a traditional cattle- vidual producers, feeders, and packers. percent $35 per head, and the top 75 man? Probably not. Do some pro- How important is this industry to percent $27 per head more than selling ducers? No. Other producers do because Kansas? on the cash market. they decided to make some adjust- Cattle represented 62.6 percent of the U.S. Premium Beef has informed me ments and changes. All of that needs to 2000 Kansas agricultural cash receipts. that despite the best intentions of the be studied. There has not been one Cattle generated $4.95 billion in cash authors of this amendment to exempt hearing on this issue. There has been receipts in 2000. More than double that them from this amendment, USPB some study but a limited amount of generated by our second largest com- would also be put out of business. study. modity—wheat. I understand the concerns of the sup- I think that is really the issue. It is Kansas processed 8.21 million head in porters of this amendment and many not about USDA not acting. It is about 2000; grazes 1.5 million stockers annu- producers who argue for its passage. the Senate acting when it is properly ally; and, had 1.52 milliion beef cattle But I also have many producers in Kan- informed and when we have not rushed in the State on January 1, 2002. sas who argue against its passage, and to judgment over the weekend by try- Kansas ranked first in commercial I cannot in good conscious vote for an ing to define something that only one cattle processed in 2000. amendment that I believe ties the attorney, to my knowledge, has had Kansas ranks second in the value of hands of producers to compete against the ability to craft with limited review live animals and meat exported to the large meat packers and that I be- from anyone else. other countries at $969.7 million in lieve could devastate the beef industry 2000. in Kansas. I retain the remainder of my time. Kansas ranked second in fed cattle I urge my colleagues to vote against Mr. GRASSLEY. Madam President, marketed with 5.37 million in 2000, rep- the second-degree amendment offered how much time do I have remaining? resenting 22.3 percent of all cattle fed by Mr. GRASSLEY and to vote for the The ACTING PRESIDENT pro tem- in the United States. amendment offered by Mr. CRAIG. pore. Ten minutes, forty-four seconds. Kansas ranks second, with 6.34 billion Mr. GRASSLEY. Madam President, I Mr. GRASSLEY. Madam President, I pounds of meat produced in 2000. withhold instead of my yielding time yield myself 5 minutes. These numbers extend simply beyond back and forth. Rather than using all First of all, if you read the history of the number of cattle we have and the of my time, the other side will have the the Packers and Stockyards Act passed producers who raise and feed them. last 10 minutes of debate. roughly around 1920, I believe you will These numbers also represent jobs that Mr. CRAIG. Madam President, how find a lot of the same arguments being are the linchpin of many of our western much time do I have remaining? used against the passage of the original Kansas communities. The ACTING PRESIDENT pro tem- act at that particular time as you are As a couple of examples: pore. Thirteen minutes, forty-five sec- now finding used against our efforts to Farmland Industries employees 5260 onds. modify the act to a small extent. people in Kansas in its beef packing Mr. CRAIG. Let me take just a cou- We have had a good Packers and sector and 850 in pork packing. Most of ple of minutes and then return it to Stockyards Act for 80 years. We are those jobs are in Dodge City and Lib- Senator GRASSLEY. trying to bring it up to date. It didn’t eral, Kansas. The Senator from South Dakota said anticipate the control that a few pack- Cargill employees approximately 4500 studies have languished. Action has ers would have over the livestock in- people. 3600 of these people work in its languished. Action needs to be taken if dustry. We are adjusting it to take into meat and livestock businesses in Leoti, the studies yield what he says they consideration new ways of marketing. Dodge City, and Wichita. might yield. This is a directive from If those promoting this amendment the Congress to USDA to operate in 270 Also, I would ask just my Republican are wrong, and it indeed does cause a days. It would then not be incumbent colleagues, not my Democrat col- restructuring in the industry or forces upon USDA to act. It would be incum- leagues—I am not sure exactly which packers to move from the country, the bent upon the Congress to act. ones I am talking about, but there was economic impact and ripple effects it What does my amendment do? It di- a group of us who met with the new could cause would be devastating to rects that there should be an examina- Secretary of Agriculture about a year the Kansas economy. tion of the relationship of livestock as ago—there were probably 8 to 10 Re- Farmland has informed me that it is it relates to 14 days prior to slaughter, publican Senators present—to give our the legal opinion of their lawyers that livestock producers that market under views on certain issues for her, an in- this amendment would put them out of contract grid, base contracts, forward coming new Secretary of Agriculture. I the beef and pork packing businesses. contracts, rural communities, employ- don’t take notes on these meetings, but We cannot allow that to happen. ees of commercial feedlots, livestock I remember, to my astonishment, the I am also deeply concerned that this producers, and market feeder live- number of my colleagues who told the amendment appears to severely curtail stock, and feedlot owners controlled by Secretary of Agriculture as they re- the ability of producers to enter into packers, market price for livestock— flected on the grassroots opinions producer alliances and marketing both cash and futures—and the ability which they received from their con- agreements that allow them to gain ad- of the livestock producers to obtain stituents that one of the greatest con- ditional dollars for the livestock they credit from commercial sources. cerns was about concentration in agri- produce. What is occurring today under these culture. I will bet the distinguished Several of these alliances already new relationships with contracts is Senator from Michigan, the Presiding exist, or are being formed, in Kansas. that the producer can take the con- Officer, hears that from family farmers And I have been told that no fewer tract to the bank and get financing. in Michigan. than 80 are in some stage of develop- That has become an important and val- This was not in reference to what I ment throughout the United States. uable tool as it relates to a lot of these am trying to do today. I don’t imply One of the most successful of these new relationships. Studies that have that at all. My amendment is not a re- alliances has been U.S. Premium Beef. been done talk about cooperatives and sult of that meeting. But my amend- This producer owned cooperative has the relationship they now have with ment has something to do with the become one of the most successful pro- marketers. They talk about how we opinion that my Republican Senators ducer initiated businesses I have ever deal with brand name products and expressed to the Secretary of Agri- seen. quality control. Those are new rela- culture—that we have to do something

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.047 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S601 to make sure we have more competi- many others, have expressed that. My Mr. THOMAS. Madam President, I tion in agriculture because of this con- effort today is not to stop what is worked on this proposition, of course, cern about less competition, and par- going on here but to better inform us if last week. Our purpose, and our goal, is ticularly because a few packers have we are in fact making the right deci- to try to make the marketplace more the vast majority of the slaughter of sion. I want the family farmer to pros- responsive. Our cattlemen take their livestock. That is one thing. But it is per, and for any packer to suggest that cattle into a marketplace, into an auc- compounded by their ownership of live- family farmers today are less than so- tion market, hopefully, to sell at the stock which they can dump on the phisticated, they don’t know the fam- best price available. Yet we believe market on a day they choose to dump ily farmer of Idaho, or Iowa for that sometimes because packers can have it on the market. That depresses the matter. They are highly skilled, profes- their own cattle and their own feedlots market, and the marketplace just does sional business men and women—some prior to the time of the market, it af- not work. small, some quite large. But they are fects that market, and they can adjust I want my Republican colleagues—I family farmers who produce the food it. We only now have about three pack- do not know who they were, but they and fiber of our country. ers that have 80 percent of the control were from the Midwest and the West— Here is what I think all of us fail to over this market. This is one of the to think of that meeting we had with address, and that is not competition in areas that we believe ought to be rem- Ann Veneman and the opinions they this country as much as competition edied. We have it in the package now, expressed. I hope they will find my from foreign countries, where we see and I certainly support Senator GRASS- amendment in tune with their points of livestock production and packing in- LEY’s amendment. I urge our Members view. creasing very rapidly and entering the to support it. The other thing I want to make a market both here and around the The PRESIDING OFFICER. Who comment on is the insinuation in the world. The pork industries both in Can- yields time? Midwest newspapers and by Smith- ada and Brazil, for example, had an an- Mr. GRASSLEY. Madam President, I field’s CEO that if this amendment nual growth rate of 6.5 percent from yield myself such time as I might con- went through, they were not going to 1995 to 2000, according to the USDA. sume. It is my understanding I have 4 build any new plants in certain States Both countries already are cost com- minutes. in the Midwest. petitive pork suppliers. Canada has ex- The PRESIDING OFFICER. The Sen- I had an opportunity to have a long cess packing capacity and both coun- ator is correct. Mr. GRASSLEY. Madam President, I conversation maybe about 18 months tries have space for expansion. also want to take this opportunity to, ago with Mr. Luter about competition Canada, Argentina, and Australia hopefully, get some people who rep- in agriculture. I had never met him be- stand to benefit from a less competi- resent big population States to look at fore. He is obviously a very good entre- tive United States beef industry. What our amendment. I think it is very preneur and has developed Smithfield we are talking about are efficiencies and competitiveness, and that is really much oriented toward helping con- Foods. Out of that meeting I remember sumers. We have more competition in two very distinct things he said. He a part of what we have to look at and what my study directs. Are we simply the processing of livestock, as well as said, first of all, he wanted me to know helping the family farmer. that his view was that family farmers handicapping the family farmers? Or should we be working with them to as- I am offering this second-degree for the most part are not good amendment to the Craig amendment to businesspeople and are not very sophis- sure that they have greater tools of in- tegration, so they can share in the clear up any concerns raised by the op- ticated. Second, he told me something position regarding the word ‘‘control’’. to the effect he—again, I didn’t take profit line instead of simply standing for the highest or the lowest bidder, if The new language reads that a packer notes at those meetings; this is a recol- may not own or feed hogs or cattle, lection. I hope I am not doing him an you will, to take their product? Those are fundamental issues that ‘‘through a subsidiary, or through an injustice. I am sure Mr. Luter would the Grassley amendment does not ad- arrangement that gives the packer say that I am. But the second point he dress. He would like to think it does. operational, managerial, or supervisory made was he thinks there should be a But to simply arbitrarily suggest there control over the livestock, or over the lot of pork producers across the United is only one problem in the livestock in- farming operation that produces the States. It is just that they should all dustry today—and that is captive livestock, so such an extent that the work for him by feeding his pigs. He herds—is to suggest almost that we ig- producer is no longer materially par- has such an arrangement with a lot of nore all of the rest of the tools of inte- ticipating in the management of the pork producers. gration that are beginning to develop operation with respect to the produc- That is how he controls the market. out there. I want my cattle men and tion of livestock.’’ He would argue that is how he controls women and my pork men and women— The new test established to clear up the quality. That is how he satisfies I have little to no poultry in my the question of what control means is the consumer. I am not insinuating bad State—to be as competitive and as found in the phrase ‘‘materially par- motives that he has as a quality pro- profitable as possible. But I do know ticipating.’’ A farmer who materially ducer of pork. I am just saying his atti- one thing: If you deny these effi- participates in the farming operation tude is very different from that of the ciencies and the vertical integration to must pay self-employment taxes. Those family farmer in the United States. the beef and pork industries—there is who do not materially participate, do Consequently, I hope that is why we one industry out there that is not have to pay self employment taxes. can get this amendment adopted, be- vertically integrated, and that is the The phrase has appeared in the IRS cause we want to help the family farm- poultry industry—those two industries Code, section 1402(a) since 1956 and ers. become less competitive while the there is a full hopper of case law clari- The PRESIDING OFFICER (Mrs. poultry industry becomes more com- fying the definition. CLINTON). The Senator has used his petitive. That is the reality of what we I came to the floor yesterday and ex- time. are facing. plained that all the talk about this Mr. GRASSLEY. I yield the floor. Shouldn’t we know about that in de- generating excess litigation, or bu- The PRESIDING OFFICER. The Sen- tail and shouldn’t a study be done be- reaucracy, or limiting farmers risk ator from Idaho is recognized. fore we act instead of collapsing the in- management options is just talk. It’s Mr. CRAIG. Will the Chair please tell dustry after we have acted? all blue smoke. me when 5 minutes remains on our I retain the remainder of my time. Some of the packers’ allies are al- side? The PRESIDING OFFICER. Who ready trying to complain that this only The PRESIDING OFFICER. Yes. yields time? adds another layer of confusion. That’s Mr. CRAIG. Madam President, let me Mr. GRASSLEY. Madam President, I an absolute lie. What this amendment speak to what Senator GRASSLEY has yield 1 minute to the Senator from Wy- does is crystalize the issue, and this talked to in general because I share his oming. issue is whether packers should be concern. I attended one of those meet- The PRESIDING OFFICER. The Sen- packers, or packers should be pro- ings with him some time ago and I, as ator from Wyoming is recognized. ducers.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.010 pfrm02 PsN: S12PT1 S602 CONGRESSIONAL RECORD — SENATE February 12, 2002 Let me make this clear. The vote ter. Let’s build a strong farrowing stall about legal business structures and likely in- this morning is a vote on whether for the packers and facilitate the creased litigation. These factors will in- packers should own livestock, nothing health and well being of our inde- crease transactions costs in livestock indus- more and nothing less. If you oppose pendent producers. tries making them less competitive against other protein sources in both domestic and my amendment you support packer Support the Grassley second-degree, export markets. If the natural economic ownership. If you oppose my amend- your independent producers would. tendency is toward tighter alignment of the ment you must believe that inde- The PRESIDING OFFICER. The Sen- livestock value/supply chain, as will be ar- pendent livestock producers should ator from Idaho. gued later in this paper, then packers will compete on an even playing field with Mr. CRAIG. Madam President, Sen- move toward tighter vertical linkages with- corporations that can generate hun- ator GRASSLEY and I have worked on a out actual ownership if the amendment is dreds of millions of dollars to compete lot of agricultural issues together and enacted. This tendency to push for tighter with farmers. If you oppose my amend- a lot of farm issues together, and we alignment may be interpreted as control without a more explicit definition and will ment you are supporting packer greed are in agreement about 99.9 percent of most assuredly lead to litigation. Thus, the versus the independent producer’s the time. Today, we differ slightly, word ‘‘control’’ should be defined more ex- need. only in that I want to make sure the plicitly in the legislation or eliminated to Ask any independent producer in the step Senator GRASSLEY, Senator HAR- avoid the uncertainty and the increased liti- United States. If we were able to ask KIN, and Senator Johnson are asking gation that would follow if it is not defined. them if they think packers should be the Senate to take, which has a direct Having addressed the issue of defining con- able to compete with them dollar for impact on the livestock marketing in- trol, there are three other factors that dollar, who benefits? I realize that AMI dustries of our country, is the right should be explored regarding the impacts of has been arguing that ‘‘the sky is fall- step. this amendment and whether it can be ex- ing’’ is this passes, but what would pected to achieve its intended goals. First, They took a step in December only to the motivation of packer ownership of live- your independent producers really have a lot of different legal minds say: stock should be explored to determine want you to do? Wait a minute. We think you are wrong whether it is a demand driven issue or a mar- The revised Grassley amendment will or we think it could be misinterpreted ket power issue. Second, whether this inject greater competition, access, or we think it could be very destruc- amendment would result in producers main- transparency and fairness into the live- tive to a lot of positive relationships taining their independence or if some other, stock marketplace. Small and medium that are now building in the marketing more tightly aligned interdependent, govern- sized livestock operations will gain between the producer and the proc- ance structure would result needs to be ex- amined. Finally, the impacts of this bill on greater access to markets that will essor. have greater volume and be subject to producers and packers that are located in I have read his amendment. It was isolated or ‘‘fringe’’ regions should be consid- less manipulation. read yesterday. I am not quite sure it ered. The revised bill clarifies that ar- achieves what he wants it to achieve as Is packer ownership of livestock (vertical inte- rangements that do not impose control it relates to control. It talks about a over the producer can still provide all gration) driven by packers trying to respond variety of controls, managerial super- to market demand and economic forces, or is the benefits of coordination and prod- vision, control of livestock, to such an it driven by packers exercising market uct specification that many ‘‘grid’’ extent the producer is no longer mate- power? marketing arrangements desire. We are rially participating in the management The U.S. livestock industry is a mature in- not limiting independent producers at of the operation ‘‘with respect to, and dustry that delivers products to a set of cus- all, only packers. the following.’’ tomers with rising incomes who demand a I’ve got letters and endorsements I received a report in the last few more differentiated, higher-value set of from possibly every group interested in days from the Purdue University De- choices in their proteins. In addition, the this issue that doesn’t allow packers to partment of Agricultural Economics. I marketplace is increasingly concerned about be included in their membership. These ask unanimous consent to have that food safety and the ability to trace any con- endorsements come from state pork tamination to the root source. This argu- report printed in the RECORD. ment suggests that the market pressures producer and cattlemen groups, to the There being no objection, the report American Farm Bureau. I have well placed on the industry to deliver more dif- was ordered to be printed in the ferentiated, higher-value, traceable protein over 135 organizations that signed a RECORD, as follows: products is a key driver in the development letter in support of my second degree IMPLICATIONS OF BANNING PACKER OWNERSHIP of tighter vertical linkages in the livestock amendment. Just a few of those groups OF LIVESTOCK industry. are the: Livestock Marketing Associa- (By Allan Gray, Ken Foster, and Michael A more tightly aligned livestock supply tion (who stated they would like to Boehlje) chain allows the industry to be more respon- voice their strongest possible support), sive to consumer needs, providing growth for The goal of this paper is to address some of its products in mature markets and increas- National Farmers Union, R–CALF the issues surrounding Senator Johnson’s ing efficiency. By increasing vertical coordi- USA, Ranchers-Cattlemen Action (D–SD) amendment to the Senate Farm Bill nation (whether through vertical ownership Legal Fund, United Stockgrowers of (S. 1731, The Agricultural, Conservation, and or contracting), the industry increases the America, National Catholic Rural Life Rural Enhancement Act of 2001) that would ability of information to flow quickly and make it illegal for meat packers to own, Conference, and the Organization for unambiguously along the supply chain (in es- feed, or control livestock more than 14 days Competitive Markets. sence through quantity and quality purchase before slaughter. There has been much de- The packers are an important piece orders), allowing for quick responses to bate of this amendment in the press, and in the rural economy, but only a piece, changes in consumer preferences through much of the debate centers on the word new requirements and specifications rather not the whole pie. They think they are ‘‘control’’ and its likely interpretation in a than trying to attract change through price the whole pie. The question we need to court of law. These comments address the incentives alone. In addition, the packing in- ask ourselves is whether packers underlying issues for the motivation and the dustry has large investments in fixed assets should be packers or packers should likely impacts of this proposed amendment that are most economical when operated at for the structure of the livestock industries. also be producers. Is it our intent to let full capacity. The best way to assure full ca- packers compete with producers on an Is defining control important? pacity and better flow scheduling, and better even playing field? Once again, is there The word ‘‘control’’ regardless of its inter- match consumer or retailer quantity and any question who will lose this com- pretation in a court of law, generates serious quality requirements, is to develop tighter petition? concerns. While Fuez, et. al. make argu- vertical coordination. Thus, the industry can The reason we keep sows in farrowing ments that this word could eliminate mar- improve its competitive position through stalls is to protect the piglets. Sows keting contracts, Harl, et. al. argue that, in better inventory management that arises are extremely important for the health a court of law, control would be interpreted from vertical control. Finally, the shared in- and well-being of the piglets, but if we as ownership and would not ban marketing formation, learning capacity, and financial contracts. The issue at hand seems to be that gains from vertical coordination may lead to let the sow out of the crate we stand the concept of ‘‘control’’ is, in fact, subject more rapid technological adoption and en- the chance of getting the piglets to interpretation. The degree of uncertainty hanced efficiencies for the industry, which crushed by the sheer weight of the sow, surrounding the interpretation of the word leads to more affordable and/or desirable or worse, and watch the sow grow fat- ‘‘control’’ will lead to increased uncertainty products for consumers over time.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.002 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S603 Risk in the livestock industry is another Would this amendment have an open access where livestock production is limited, pack- important driver of increased vertical co- market with production through inde- ers may need to own a portion of the live- ordination. When markets are less coordi- pendent producers, or would it lead to some stock production to maintain an economi- nated, the market signals and production ac- other form of supply/value chain govern- cally feasible throughput in their plants. By eliminating ownership, these plants may tivities may be less aligned. This misalign- ance structure? The argument above is that tighter have no alternative but to shut down or be ment can lead to wide savings in inventories sold at a loss. Because of the limited produc- and prices creating a higher degree of varia- vertical alignment through ownership and/or contractual arrangements is primarily driv- tion and packing capacity in these regions, bility in income for farmers and packers. In- en by the need to meet consumer demands farmers would likely have to cease oper- creasing vertical coordination can reduce and lower cost. If this is the case, it is un- ations as well. Thus, it would appear that misalignments that lead to higher varia- likely that this (assuming control is not de- this bill might favor the regions where pro- bility. In addition, the sharing of risks and fined as amendment eliminating detailed duction is most concentrated, at the expense rewards in coordinated systems may be dif- quality and quantity specified procurement/ of less concentrated areas of production. ferent than in an ‘‘open’’ market. Research marketing contracts) would curtail the in- Mr. CRAIG. They say the definition has shown that producers producing under dustry’s move towards tighter vertical align- of control is in the eye of the beholder production contracts (a form of packer own- ment. That is, this amendment is unlikely to and ultimately in the eye of the court, ership) receive lower returns on average than preserve the ‘‘independence’’ of the livestock and that is where I believe this rela- their ‘‘open’’ market counterparts. However, producers. tionship will go if it is a mandate of The benefits of tighter vertical alignment this same research indicates that the varia- can be obtained through two forms of supply/ Federal law. We must know where we bility of returns for producers in production value chain governance. The first form would are going. Is it only an updating of the contracts is substantially lower than the be through vertical integration or owner- Packers and Stockyards Act? I think variability of their counterpart’s returns. ship. This has been the primary choice of the not. I think it is an entirely different This reduction in risk could be a substantial poultry industry, which is widely credited relationship of which we need to be benefit to some producers—these risk reduc- with being more responsive to customer’s clearly aware. When we are talking tion benefits would be reduced by the pro- needs that has led to increases in the de- competitiveness, I want ranchers of posed amendment if it prohibits production mand for poultry products at the expense of Idaho to be as competitive as possible. (not marketing) contracts, which is likely. beef and pork. Packer vertical integration in What I am frustrated about, and the the pork and beef industries is relatively Purdue University study says it, what An alternative argument for the increase small when compared to the broiler industry. in vertical coordination is that packers are The latest statistics show packer ownership about the fringe area where there is exercising their ability to control the price in beef to be between 5 and 7 percent while only one packinghouse? If this goes of live animals. This argument contends that pork is closer to 20 to 25 percent. However, through, are we assuming packers are packers have market power in the industry more than 74 percent of hogs were marketed going to go out and build new plants and thus can squeeze producer’s margins through some form of vertical coordination around the West? The West is a fringe when they are more vertically aligned. Most in 2000. Thus, while this amendment would area. studies have found little evidence that pack- eliminate vertical integration in its purest We have heard from my colleagues ers are exercising pure market power in the form (i.e., ownership of livestock raw mate- from Idaho. Idaho and Wyoming fit live animal markets. However, there is some rials), it is unlikely to reverse the trend to- that definition. Our livestock must research suggesting that packers might stra- ward tighter alignment in the livestock sup- tegically use captured supplies (company ply chain and re-establish the dominance of move elsewhere, or at least to the edge owned or contract produced animals) to re- independent producers of livestock and open of our borders, to be processed and ulti- duce the number of animals that they pur- access market coordination between pro- mately to be marketed. That is why ca- chase from the open market without risking ducers and packers. pacity, throughput, all of those kinds capacity utilization shortfalls; the result of Since this amendment would eliminate the of things, through contract relation- this behavior is lower live animal prices, possibility of vertical integration (at least, ships and owner relationships, has than would have otherwise prevailed, on the backward integration by packers), the other built stability within that market— open market. However, if packers have this choice of governance structure to obtain and competition, and I hope pricing. If so-called monopsony power, it is unlikely to some of the benefits of vertical alignment is disappear under the terms of the proposed through contracts. However, the economic I am wrong, the study will prove it. amendment. If there exists substantial mar- pressure will likely be to create very tightly This is the first time we have di- ket power, then packers will likely find ways controlled contracts with a limited set of rected USDA to look straight at this to exercise it via exploitative marketing ‘‘preferred suppliers.’’ This limited set of issue, not around the issue, not about contracts that fit within the bounds of the preferred suppliers would consist of pro- market manipulation but the reality of proposed amendment. If the problem in the ducers with the ability to deliver the quality the current market and changing those livestock industry is one of market power, and quantity of livestock needed by the relationships, and the impact those and it can be documented, then it is an issue packer to take advantage of the economic changes would have on the profit- of anti-trust and not one of industry struc- forces in the market place. This set of ‘‘pre- ability of the livestock industry, pri- ture. Furthermore, the market power of ferred’’ suppliers would have an extremely marily the beef and the pork industry. packers is unlikely to be significantly im- close relationship with the packer and pacted by banning packer ownership of cat- would, in effect, act as an agent or The poultry industry is already fully tle. franchisee for the packer, more or less imi- integrated, and we compete, if one is a beef producer or a pork producer, di- In summary, there is a sound argument tating the vertical integration structure. This change in the structure of the live- rectly with that industry. Therefore, that vertical coordination in the livestock stock industry is at best a marginal change efficiencies must be such to create the industries is driven by changes in consumer from the currently emerging structure. demand to deliver high-quality, differen- profitabilities for a kind of effective While it is likely that this amendment would competition. That is the reality of the tiated products to the market place, and to shift some of the margins in the industry to- improve the risk/reward sharing between issue we face. wards producers, it is likely that these mar- I hope my colleagues vote down the producers and packers in the industry. This gins would be collected by relatively few se- amendment would simply eliminate one lect producers ‘‘hand chosen’’ by packers. Grassley amendment and recognize form of vertical coordination for delivering This leaves most other producers in an un- that my amendment is not ad infi- products to consumers and would be unlikely changed situation with limited access to nitum. It is 270 days directed specifi- to impact the market power of packers. In markets and the necessity to sign contracts cally at USDA, with specifics for that fact, the amendment could, at the margin, (albeit with production companies rather study, and then we come back to Con- than packers) that more or less specify their increase the packers market power since it gress and the next year the Senators production practices and who may own the would likely lead to an increase in con- from Idaho, Wyoming, and South Da- livestock. tracting, placing more of the ownership of kota can stand in this Chamber and Would packers and producers in areas with lim- specific assets in the hands of producers say here are the facts; here is what we ited livestock production and only one or know we are doing; here is a designer where they are more likely to be exploited two packing facilities suffer? by packers. The new market would be one for amendment to fit the reality of the It seems likely that livestock production contracts rather than for live animals, and in fringe areas could suffer under this marketplace, instead of what we be- with more producers seeking those contracts amendment. As stated previously, the fixed lieve might be true based on what we the potential for packers to extract price dis- cost nature of the packing industry requires think exists today. criminating rents from the producers is not a high degree of capacity utilization to I do not want to collapse the live- likely to decrease. achieve profitability. In ‘‘fringe’’ areas stock industry built on maybes and

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.004 pfrm02 PsN: S12PT1 S604 CONGRESSIONAL RECORD — SENATE February 12, 2002 mights and possibilities. That is the the conservation reserve, without ad- the other side to defend why they want value of the study. dressing reforms to ESA, the Endan- this piece of legislation. Why do they I move to table the second-degree gered Species Act. Interestingly want this section? I don’t want Mem- amendment, and I ask for the yeas and enough, the concept was never dis- bers to go back to the cloakroom or of- nays. cussed in our committee, and I think it fices and turn off the TV and not listen The PRESIDING OFFICER. Is there a makes it more difficult and less prac- to this. I have not heard one reason sufficient second? There appears to be tical to bring it up for debate that way. why it is important to anything that a sufficient second. I am a member of the Agriculture has to do with the production of food The yeas and nays were ordered. Committee and can attest to the fact it and fiber. AMENDMENT NO. 2533 was never debated there. I am quite It is in there to leave us to fight it. The PRESIDING OFFICER. Under sure had it been, there are several What are we fighting? We don’t know. the previous order, there will now be 15 members of the committee who rep- I have not heard anybody come down minutes of debate equally divided on resent States that experience real here and do that. I was gone yesterday the Crapo amendment No. 2533. problems with how this would impact and they probably did discuss it and I The Senator from Idaho. our lands, and we would have vigor- probably missed it, but nonetheless Mr. CRAPO. Madam President, I will ously fought to keep it out. these ears and these eyes have not take a moment and then yield the re- The allocation of water in the West is heard or seen the reason for this legis- mainder of my time to Senator THOMAS done by the States. This is a real tradi- lation or this section to be in this piece from Wyoming. tion and an important States rights of legislation and what it has to do This amendment is simple. It strikes issue to us. This is a precious com- with food and fiber production and the section 215 from the farm bill. Section modity a producer has, and the States security of the American people to 215 contains provisions that would re- vigorously defend any effort that would have their grocery stores full. quire a landowner who seeks to partici- reduce their rights to make the water That does not make a lot of sense to pate in a portion of the acreage of the allocation. This new water conserva- me. We are going to vote on it. The PRESIDING OFFICER. Time CRP to give up his or her water rights tion idea is another example of the controlled by the Senator has expired. either temporarily or permanently. Federal Government treading on State The Senator from Nevada. Those kinds of efforts to increase Fed- water rights. For my constituents, the AMENDMENT NO. 2842, AS MODIFIED eral intrusion and Federal control over compromise reached allowing the Gov- water management are simply unneces- (Purpose: To promote water conservation on ernors to opt in is certainly not agricultural land) sary and inappropriate. Under the law enough. as we now have it, this very successful One of the real difficulties is the pos- Mr. REID. Under the agreement from conservation program would be hooked sibility that it could result in perma- last night, I send a modification to the not only to the Endangered Species nent acquisition of water rights. Pro- desk. The PRESIDING OFFICER. Without Act, which is something that has never gram enrollment language does not objection, it is so ordered. been done before under the farm bill, mention what happens to water upon The amendment will be so modified. but also to a requirement that land- termination. That is very important. (The amendment is printed in today’s owners must yield their water rights to A provision claims it is not intended RECORD under ‘‘Amendments Sub- the Federal Government in return for to preempt State water. However, if mitted.’’) the right to participate in this very that is the intention, safeguards need Mr. REID. Madam President, I have popular and successful conservation to be made. They are not there. spent a great deal of time in the last program. The involvement with the Endan- several days speaking to my friend This is an unnecessary intrusion of gered Species Act, without addressing from the State of Idaho, Senator Federal law into the arena of inserting reform of ESA is very important to CRAPO, who is a water expert. He was a the Endangered Species Act into the those in the West. The jurisdiction water attorney before he came here. farm bill and is an unnecessary intru- over endangered species is under the We have had some fruitful discussions. sion of Federal law into management Department of the Interior. Changing I have spoken to many other people in of State water rights. For that reason, this, then, places a new provision under an effort to try to alleviate some of the I encourage the support for this amend- the Secretary of Agriculture. Obvi- fears people have. They are fears. ment. ously that is a conflict. I have come to this Chamber on sev- I yield the remainder of our time to Certainly those in the West—and I eral occasions to explain to people we Senator THOMAS from Wyoming. just returned from home over the have a new West. Nevada is an exam- The PRESIDING OFFICER. The Sen- weekend—have strong points of view ple. Seventy percent of the people live ator from Wyoming is recognized. about it. Many say if this Reid amend- in Las Vegas, 20 percent live in the Mr. THOMAS. Madam President, I ment is included, they do not want a metropolitan Reno area, with only 10 thank the Senator from Idaho for the farm bill. That would be a shame. percent of the people living outside work he has done in this area. His I yield to my friend from Montana. those two metropolitan areas. The land background—as a matter of fact his Mr. BURNS. I thank my friend. is no longer controlled by the miners legal background—much of it is in the Madam President, how much time re- and ranchers. I have great respect for water rights area. So he certainly mains? them. My father was a miner. I know brings to this Chamber a good deal of The PRESIDING OFFICER. Two how much the ranchers have contrib- not only interest but also knowledge minutes. uted to the welfare reform of the State and insight, and I thank him for that. Mr. BURNS. How much on the other of Nevada. I am doing everything I can I rise to support the Crapo amend- side? to help them, but there is a new reality ment in this instance. I think it has a The PRESIDING OFFICER. Seven out there. great deal to do with the West, a great and a half minutes. When we start talking about chang- deal to do with our traditional use of Mr. BURNS. Madam President, I ing grazing—I have been here before water. There are, I believe, major con- raise two points. Members on this side and talked about doing that—as I dis- cerns behind this idea of the water con- of the issue spend a lot of time talking cussed on Friday, people have serious servation program. It could result in about ‘‘shadows.’’ fears. But they are hearing and talking permanent acquisition of water rights. Senators have to ask themselves, about things that do not exist. This is It preempts State water rights. It ex- why is this in this bill, No. 1; and, No. an effort to alleviate some of the fears tends authority over endangered spe- 2, why is it important? What is the rea- people have. That is what the modifica- cies to USDA which, of course, is a dif- son for it? Have we been given a reason tion is about. It applies to the States of ferent operation than we have had. why this was in this legislation when it California, New Mexico, Oregon, Wash- Endangered species is a very inter- was offered as a stand-alone bill? It did ington, Nevada, Maine, and New Hamp- esting and important aspect to land not even gain enough recognition to shire. It is too bad it does not apply to and water management in the West. It have a hearing in committee and now everybody else, but there are fears peo- proposes a radical change to the CRP, we are going to put it into law. I want ple have. By the time it comes around

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.014 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S605 next time, they will see that the other measures, willing farmers could con- substitute language the Senator from States will be fighting to get in it. vert from water-intensive crops to less Nevada has just offered? With all due respect to the Farm Bu- water-intensive crops—I repeat, will- The PRESIDING OFFICER. That is reau, they are the ones in opposition. ingly; no one forces them to do any- correct. Every environmental group in America thing—and to lease/sell options or sell Mr. CRAIG. I thank the Chair. supports this legislation. It is legisla- water. Mr. REID. I say to my friend from tion that explicitly prohibits the Fed- Most Western States already have Idaho, it is my understanding—I am eral Government from holding or buy- programs similar to this but this Fed- going to move to table Senator CRAPO’s ing or leasing water rights. A farmer eral money will bolster these pro- striking amendment—how that is de- doesn’t have to sell water in order to grams. We have included language to cided will determine what language re- participate. This amendment is not make certain Eastern States are eligi- mains. only supported by the environmental ble for these programs as well. I think all time has expired. I move community but the International Asso- There was concern by my friend from to table the Crapo motion to strike. I ciation of Fish and Wildlife Agencies. Wyoming that the Endangered Species ask for the yeas and nays. For those Members who are in favor of Act would raise its ugly head. The Fed- The PRESIDING OFFICER. Is there a shooting, hunting, and fishing, this as- eral Government has never confiscated sufficient second? sociation represents all State fish and CRP land from endangered species. There is a sufficient second. game departments across the country. There is no reason to think they would The yeas and nays were ordered. They support this effort. do so now. Mr. HATCH. Mr. President, I rise The League of Conservation Voters But, if a farmer is concerned about today to express my full support for will score this amendment. Everyone it, he has two choices: A farmer could the amendment by Senator CRAPO, should understand they score very few say I am not going to participate or he which I have cosponsored. The purpose amendments, very few votes during the can get a safe harbor agreement from of this amendment is to strike section year. They are scoring this one. Every- the State and the Interior Department. 215 of the farm bill, which we are con- one be aware of that. They support this It has been done before. These assur- sidering today in the Senate. This sec- amendment because it helps States and ances tell landowners who enter into tion would create a program allowing farmers ease water conflicts by getting agreements if they help us restore the Federal Government to purchase farmers income support in drought habitat, whether by dedicating land for the water rights of farmers and others years and water to endangered fish in a time period or transferring water, at for the purpose of protecting the habi- other years. the end of that period they get the land tat of certain endangered or threatened A colleague last week said my water or the water back. It is an established species. program reminded him of Mark Twain. program that has existed for almost 3 While protecting the habitat of Mark Twain once said of the West: years. It gives the good-guy partici- threatened species is a worthy goal, Whiskey is for drinking and water is pants in programs such as these the as- one which I have supported, this for fighting. If they succeed in striking surance that they will not be penalized amendment has the unacceptable con- my language, they will be responsible under the Endangered Species Act for sequence of putting in jeopardy our for making sure that is the way things helping fish and wildlife for a time. system of State water rights. Let me Remember, my amendment prohibits remain. It should not be. A vote to sup- elaborate. Under this program, private the Federal Government in any way port my motion to table Crapo is a landowners, tribal groups, farmers and from holding, buying, or leasing water vote to relieve conflict, not create it. other organizations who participate The modified amendment replaces rights. How many times do I need to would be required to sell or lease their the existing program with pilots. The say that? People keep coming in and water rights to the Federal Govern- saying the Federal Government is pilot programs use conservation money ment. I strongly oppose using federal going to steal water thus. I repeat, my and it puts this money into the hands dollars to establish an incentive for amendment says the Federal Govern- of States and gives them discretion in private entities to give up their water ment will not hold, buy, or lease water how to spend it to solve their water rights. The Federal Government has rights; No. 2, farmers who want to par- conservation problems. It takes noth- tremendous financial resources and, ticipate in these program do not have ing away from the States as far as given free reign, could buy up unlim- to sell their water to do so; No. 3, water. The first pilot expands a suc- ited acre-feet of precious water in the States are given the lead role in decid- cessful partnership with the Depart- West. As some of my colleagues al- ing what water conservation options ment of Agriculture’s Conservation Re- ready know, Utah is the second driest they want help funding, and this farm- serve Program and the State of Oregon State in the Union. Water is the life- er participation is voluntary. blood of Utah, and it is in short supply. to restore habitat and to lease water to Finally, these programs provide a It was only a matter of hours after help the fish. Under the Conservation substantial amount of funding to help the first pioneers entered the Salt Reserve Enhancement Program, States support farmer income in drought Lake Valley that they began to break can submit plans to the Department of years and get water to the fish in those up the dry desert, plant seeds, and dig Agriculture to target resources for res- years. toration. Has my time expired? irrigation canals, bringing the precious The Department of Agriculture The PRESIDING OFFICER. The Sen- water from Utah’s snowy mountains to brings CRP funds to the table and ator has 17 seconds. their thirsty lands. It was these farm- States or nonprofits bring additional Mr. REID. It has expired. When all ers—my ancestors—who made Utah funds to get the work done. Today, 17 time has expired, I want to move to blossom like a rose. The families of States have the programs to better tar- table. those original pioneers and their lim- get Department of Agriculture funds to Mr. CRAIG. Parliamentary inquiry: ited water resources have continued to resources of State concern. This The author of the amendment has just keep Utah’s agricultural industry amendment codifies a plan in existence modified his amendment. Is it my un- strong. But it has not been easy. This in the State of Oregon. Under that derstanding the Crapo amendment to program will create an incentive to plan, USDA can pay farmers irrigated strike still pertains to the modified strip Utah’s farmers of the very thing rental rates if they transfer water to amendment or is it to the original? that makes their livelihood possible. the State under the plan. But farmers What will be the circumstance of this Although the program is said to be can enroll in the plan even if they do vote? voluntary, even farmers who choose not want to transfer water. This provi- The PRESIDING OFFICER. The not to participate in it could experi- sion reserves 500,000 acres of land for Crapo motion to strike still applies to ence a number of adverse effects be- this purpose. the underlying section of the sub- cause of the participation of a neigh- The second provision creates a new stitute, which is now subject, as well, bor. Erosion or additional weeds and water benefits program under this pro- to the modification. dust resulting from the disuse of ad- gram. The State could help farmers Mr. CRAIG. So the amendment to joining land—because of this program— and ranchers fund irrigation efficiency strike covers all action including the or the introduction of species listed

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.017 pfrm02 PsN: S12PT1 S606 CONGRESSIONAL RECORD — SENATE February 12, 2002 under the Endangered Species Act to Agricultural producers desperately This would devastate my State’s these program lands could have a nega- need these disaster programs. Adverse economy and that of the West. Rural tive impact on the livelihood of neigh- weather conditions have pushed farm- America needs a boost. And I believe boring farmers. ers, ranchers, and rural communities our amendment does just that. I am also concerned that section 215 to the brink of economic disaster. This measure will provide stimulus makes considerable changes to existing These adverse weather conditions our rural communities need to survive programs without a proper discussion came on the heels of sharply escalating by extending the disaster relief pro- of those changes in the relevant com- operating costs due to higher energy grams that have been critical to shor- mittees. For example, it creates an un- and fertilizer prices. ing up farm income over the last 3 precedented link between the Endan- With weather problems continuing, years. This relief will allow farmers— gered Species Act and farm programs. costs rising, and no time to recover and the rural communities that depend From what I have seen, when the goals from the drop in farm operating in- upon them—to get back on their feet. of the Endangered Species Act and the come, it is incumbent on us to take ac- In conclusion, I would like to note needs of farmers come into conflict, tion today. that the letters of support for this the species wins and the farmer loses. I President Bush understands the cru- amendment continue to pour in. These am also concerned with the language of cial role that agriculture plays in include: The National Association of this provision that appears to create a America’s economy. In a speech deliv- Wheat Growers; the National Cattle- new ‘‘sensitive species’’ category for ered to the National Cattlemen’s Beef men’s Beef Association; the National protecting wildlife. Finally, I am con- Association’s Annual Convention and Farmers Union; the National Cotton cerned that this language gives powers Trade Show in Denver, He said: Council; the American Farm Bureau; to the Secretary of Agriculture that Our farm economy, our ranchers and farm- the United Stockgrowers of America; have previously only been held by the ers provide an incredible part of the nation’s the National Barley Growers Associa- Secretary of the Interior. This is yet economic vitality. If the agricultural econ- tion; the U.S. Canola Association; the another major policy shift. Changes of omy is not vital, the nation’s economy will American Soybean Association; the this magnitude should not be acted on suffer.’’ National Sunflower Association; and by the full Senate without the benefit We must give rural America the the Northwest Farm Credit Services. of committee hearings. I urge my col- chance to have a vital economy. Our Nation depends on agricultural leagues to support Senator CRAPO’s Closer to home, farmers in my State producers for an abundant, affordable, amendment to strike this section 215 of Montana have compared current safe food supply. from the Farm Bill until such time drought conditions to the dust bowl Today our Nation’s producers depend that further light can be shed on its years of the 1930s. Many have not taken on us to provide them with much need- implication for farmers. And I remind out their combine in over a year. When ed and overdue assistance. Let’s get my colleagues that the Farm Bill is there is no harvest, there is no income. the job done. meant to help our farmers, not hurt And the strain on these rural commu- I reserve the remainder of my time. The PRESIDING OFFICER. Who them. nities is beginning to mount. According to Dale Schuler, past yields time in opposition? The Senator AMENDMENT NO. 2839 from Nevada. The PRESIDING OFFICER. Under president of Montana Grain Growers and a farmer in Choteau County, Mon- Mr. REID. Madam President, I ask the previous order, there will now be 15 unanimous consent that the order that minutes of debate equally divided on tana, nearly 2,000 square miles of crop in his area of central Montana have is now in effect be modified to allow 2 the Baucus amendment No. 2839. Who minutes equally divided between each yields time? gone unharvested. That is an area the size of Delaware. And the impact has vote and that the latter two votes of Mr. LUGAR. Madam President, I sug- the three votes that will take place be gest the absence of a quorum with time been horrendous. To quote Mr. Schuler: 10-minute votes. to be charged equally to both sides. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Farmers and our families haven’t had the objection, it is so ordered. objection, the clerk will call the roll. means to repay our operating loans, let Mr. REID. Madam President, I sug- The assistant legislative clerk pro- alone buy inputs to plant the crop for the coming year. I believe that we’re set to see gest the absence of a quorum. ceeded to call the roll. The PRESIDING OFFICER. Without Mr. BAUCUS. Madam President, I a mass exodus from Montana not seen since the Great Depression of the 1930s. objection, the clerk will call the roll. ask unanimous consent the order for The assistant legislative clerk pro- Chouteau County, the largest farm- the quorum call be dispensed with. ceeded to call the roll. The PRESIDING OFFICER. Without ing county in Montana, the last farm Mr. LUGAR. Madam President, I ask objection, it is so ordered. equipment dealer had no choice but to unanimous consent that the order for Mr. BAUCUS. Madam President, I close his doors, the local co-op closed the quorum call be rescinded. rise today to again discuss an amend- its tire shop, one farm fuel supplier The PRESIDING OFFICER. Without ment that would provide desperately quit, and the fertilizer dealers and objection, it is so ordered. needed disaster assistance for Amer- grain elevators are laying off workers. Mr. LUGAR. Madam President, I ica’s farmers and ranchers. Another farmer from the area, Darin yield myself 2 minutes in opposition. I would like to begin by thanking my Arganbright, told me that enrollment I bring to the attention of Senators colleagues, Senators ENZI, REID, in local schools has decreased by 50 that, whatever the merits of this emer- BURNS, LANDRIEU, DORGAN, JOHNSON, percent in the past few years. So we gency legislation, the cost of these pro- CONRAD, CARNAHAN, DAYTON, are not only losing our current farmers visions is approximately $2.4 billion. STABENOW, LINCOLN, LEVIN, MURRAY, but our future farmers. That $2.4 billion would be in addition and CANTWELL, for cosponsoring this A final point. We need to act now—on to the $73.5 billion over a 10-year period measure. the farm bill. Producers are making of time, which is already the approxi- This amendment extends to the 2001 their planting decisions for next year mate cost of the bill to say nothing crop the same agricultural disaster right now. But, without these disaster about the so-called baseline expendi- programs that have proven crucial to payments, many banks will refuse to tures—namely, the farm programs American farmers in recent years. provide operating loans to producers which continue, to which in the event The amendment provides $1.8 billion for this upcoming crop year. this legislation passes $73.5 billion for the Crop Disaster Program and is In Montana, it is anticipated that 40 would be added. intended to cover quality loss due to percent of producers seeking operating I think Senators must weigh the fact army worms, $500 million to the Live- loans this year will be denied if we fail that the Senate and the House voted stock Assistance Program, with $12 to provide this assistance. Without approximately $5.5 billion last year for million directed to the Native Amer- these loans, many farmers will simply emergencies. This is in addition to ican Livestock Feed Program and $100 be unable to plant, giving up any hope that. million toward the apple market loss of economic recovery in the near fu- Members must at some point weigh assistance program. ture. the consequences of the spending of

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.046 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S607 which we are involved. This Senator spending for the Livestock Assistance assistance. I urge my colleagues to has suggested ways in which this bill Program. pass this amendment. ought to come in for less than $73.5 bil- The Livestock Assistance Program, The PRESIDING OFFICER. Who lion. LAP, is an ad hoc program adminis- yields time? I simply note that if the passage of tered by the U.S. Department of Agri- The Senator from Montana. the amendment occurs, we will be add- culture, USDA, through the Farm Mr. BAUCUS. Madam President, I ing approximately $2.4 billion to the Service Agency. It is available to live- would like to say a couple of words tab. stock producers in counties that have with respect to my friend from Arizona I thank the Chair. I yield the floor. been declared disaster areas by the saying that he is not going to vote for I suggest the absence of a quorum President or Secretary of Agriculture. $2.4 billion because $5 billion was al- and ask unanimous consent the time be It provides financial relief to livestock ready spent for emergencies. charged to both sides. producers that are experiencing live- A couple of points: Implied in his re- The PRESIDING OFFICER. Without stock production loss due to drought marks was that we should support objection, it is so ordered. and other disasters. Livestock pro- emergencies. He mentioned terrorism. The clerk will call the roll. ducers in my State of Wyoming have He didn’t mention al-Qaida, but he im- The assistant legislative clerk pro- been hard hit by drought and the plied it. That is correct. We have an ceeded to call the roll. drought outlook for this year isn’t op- emergency. We need additional na- Mr. KYL. Madam President, I ask timistic. tional security dollars to confront that unanimous consent that the order for Recently, Wyoming’s State cli- emergency. the quorum call be rescinded. matologist reported that a third year I say to my good friend that we have The PRESIDING OFFICER. Without of drought is possible. After Wyoming’s another emergency. The emergency is objection, it is so ordered. warmest summer in 107 years, a normal the drought. It is crop losses due to Who yields time? year would be a relief, but it wouldn’t weather conditions. It is an emergency. Mr. LUGAR. Madam President, I be enough. Unless rains of 125 to 175 You can’t predict it. It happens. The $5 yield time to the distinguished Senator percent of normal fall on my State, my billion my good friend referred to is in for whatever he may require. ranchers will be facing a third year of every category. That was added on be- The PRESIDING OFFICER. The Sen- drought. cause farmers are losing their shirts ator is recognized. You may not know that in drought, under ‘‘freedom to fail.’’ That had Mr. KYL. I thank the Senator. producers usually suffer the loss of nothing to do with disaster or weather Madam President, I wish to ask when grazing sources. The Livestock Assist- conditions. It had nothing to do with this body is going to exercise some re- ance Program commonly provides the an emergency, a national security straint and some discipline. I hear a lot means to buy supplemental feed for emergency, or a weather-related agri- about the deficit and how we have to be their livestock. Livestock usually re- cultural emergency. careful to not spend so much that we quire supplemental feeding in the win- We need to take care of and support go into deficit this year. Every time I ter. people who are adversely affected by come to the Chamber, we are voting on The program was not funded in fiscal emergencies. yet another amendment to spend more year 2002 in either the emergency agri- Madam President, I reserve the re- money. This amendment would author- culture supplemental fiscal year 2002 or mainder of my time. ize $2.4 billion in addition to the $73 the Agricultural appropriations fiscal The PRESIDING OFFICER. The Sen- billion that already is in the farm bill. year 2002 bill. This program should be ator from Indiana. That is in addition to the $23 billion in funded every year that disaster occurs. Mr. LUGAR. Madam President, I emergency ad hoc spending that we For 2001, the funding is long overdue. yield myself time in opposition. have spent during the last 4 years. Last This is a situation where there is no Let me respond to the Senator from year alone we authorized $5.5 billion in light, just an endless tunnel. Montana. To equate the national emer- emergency spending. I believe this program funding is crit- gency this country faces in its war It doesn’t seem to me that we have ical to the continuing viability of against terrorism and al-Qaida and an any restraint or any discipline, or that ranches in Wyoming. This amendment agricultural emergency is to stretch we are willing to set any kind of prior- would provide short-term, immediate things quite a bit. I understand the de- ities. We seem to be out of control with economic stimulus to Wyoming’s agri- sire of colleagues to send money to respect to spending. I just ask when we cultural population. The program is ap- farmers and ranchers around the coun- are going to say no. propriate for this bill because it up- try. I would simply point out that in I want to give my colleagues notice. holds the basic purpose of the Farm this particular calendar year agricul- I am going to tally up all the spending bill: to support American agriculture. tural income is a positive $59 billion in that they propose, and when they come This money will be spent immediately this country. It was, in fact, higher to the floor and talk about the deficit, to support purchases of winter feed for than it has been for several years. The I am going to confront them with the livestock. net worth of farms in this country in- spending that they proposed. In my own State, 2002 is shaping up creased this year as it has at least for Obviously, some things have to be to be the third year of continuous the last 3 or 4 years as land values in- voted on. We, obviously, have to sup- drought. In these conditions, the creased substantially. port the war on terrorism, and there State’s natural resources have been un- Let me point out that there may be are a lot of other issues, but when we able to recover. In order to conserve reasons for specific tailoring of various keep adding emergency upon emer- these resources, the State and Federal projects in various areas, but agri- gency upon emergency spending to a Government have evicted ranchers culture in America does not face an farm bill that is already $73 billion, from State and Federal leased lands. emergency. Agriculture in America clearly we are not exercising restraint. Producers have been forced to find al- faces at least a point in which our leg- I want my colleagues to know what I ternative grazing arrangements where islation might create problems. I have am going to be doing. If they talk pastureland is limited. Many producers suggested the problems that will be about deficit, I am going to talk about grazed hay fields last summer and fall created are incentives for overproduc- the spending they proposed above and that had been slotted to provide winter tion, almost a guarantee of lower beyond what is already in this appro- feed. Virtually every indicator, precipi- prices, and almost a guarantee that priations bill and the authorizing legis- tation, snow pack, and reservoir levels, Members of the Senate will come here lation. show the drought may get worse. reflecting on the lower prices and won- I hope my colleagues will vote not to The Secretary of Agriculture des- der why that happened but suggest support this amendment for $2.4 billion ignated counties in my State as that we spend more money in order to in additional spending. drought disaster areas months ago, but counteract our own policies. Mr. ENZI. Mr. President, I rise in my producers still haven’t seen the as- I appreciate that Senators vote gen- support of an amendment that would sistance that should accompany that erally on the merits of all the elements allocate $500 million in emergency designation. This amendment provides of the bill, but the particular area in

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.021 pfrm02 PsN: S12PT1 S608 CONGRESSIONAL RECORD — SENATE February 12, 2002 which we are dealing—that of agricul- they will want to support me in the re- AMENDMENT NO. 2842, AS FURTHER MODIFIED tural payments—leaves us very vulner- peal of the death tax far more than to The PRESIDING OFFICER. The Sen- able, I believe, to fiscal mismanage- vote for yet one more annual subsidy ator from Nevada. ment, to lower prices, and to a trust for emergency relief. Mr. REID. Mr. President, I have spo- that has been betrayed with regard to The PRESIDING OFFICER. Time has ken to the manager of this legislation, good judgment in farm policy. expired. Senator LUGAR. I have spoken to Sen- I yield the floor. VOTE ON AMENDMENT NO. 2837 ator CRAPO. I want to add the word The PRESIDING OFFICER. Who Under the previous order, the ques- ‘‘only,’’ to make clear eligible States yields time? tion is on agreeing to the motion to under this program shall include only— Mr. BAUCUS. Madam President, we table the Grassley amendment. and then it lists the States. The word have a little time, so we can have a lit- The yeas and nays have been ordered. ‘‘only’’ is added. tle more debate. The clerk will call the roll. The PRESIDING OFFICER. Is there Farmers across America strongly The assistant legislative clerk called objection? support additional aid to our military the roll. Mr. HELMS. Mr. President, I ask the to protect our national security. That Mr. REID. I announce that the Sen- Senator from Nevada to restate his re- is a given. It is absolute, automatic. ator from West Virginia (Mr. BYRD) is quest. I could not hear him. But there are also farmers who have necessarily absent. Mr. DOMENICI. Reserving the right suffered tremendous losses. The PRESIDING OFFICER (Mr. CAR- to object, I note I was not here yester- I ask my good friend from Indiana to PER). Are there any other Senators in day, nor was I in the Senate this morn- visit, at least Montana and he will see the Chamber desiring to vote? ing. So I did not get to work on the thousands of square miles of dust. That The result was announced—yeas 46, amendment that my good friend from is a disaster. There are no combines, nays 53, as follows: Nevada is offering in which he wants to nothing. I have walked through those [Rollcall Vote No. 23 Leg.] change one word. I note all States fields. It happens in other parts of the YEAS—46 similar to New Mexico have been ex- country, too, whether it is from storms Akaka Fitzgerald Miller empt. I do not understand why Senator or floods or pest diseases. Allard Frist Murkowski BINGAMAN went along with the amend- The Senator’s problem is with the Allen Gramm Nickles ment. States in similar water situa- Bayh Gregg Roberts farm bill; it is not with disaster assist- Bennett Hatch Santorum tions—New Mexico, Idaho, California, ance payments. We are now focused Bond Helms Schumer Oregon, and Washington—are all ex- and voting on a disaster assistance Boxer Hutchinson Smith (OR) cluded. Senator Bingaman has con- payment. That is entirely separate Brownback Hutchison Snowe Bunning Inhofe Specter curred that we be in it and that is why from the farm bill. Cleland Inouye Stevens he is going to be for the amendment. I So I urge my colleagues to step up Craig Kyl Thompson think that is a mistake for New Mex- and do what is right and support the Crapo Lincoln Thurmond ico. I wish I had more time to try to DeWine Lott Voinovich farmers who are facing these emer- Edwards Lugar Warner convince him and the Senate, but we gencies. I tell you, they are in dire cir- Ensign McCain are now going to vote to include New cumstances. We are losing people in Feinstein McConnell Mexico while the other Rocky Moun- our State of Montana. We are a special NAYS—53 tain States made a deal to be excluded, State, granted. We do not have a lot of Baucus Domenici Lieberman and our Senator is going along with other industries. But other farmers in Biden Dorgan Mikulski them, without my understanding be- other States are also facing the same Bingaman Durbin Murray cause I just arrived this morning. problems, but sometimes from dif- Breaux Enzi Nelson (FL) Burns Feingold Nelson (NE) I have no further reservation. ferent kinds of disasters, not nec- Campbell Graham Reed The PRESIDING OFFICER. Is there essarily always from a drought. Cantwell Grassley Reid objection? I must say to my good friend, 50, 75, Carnahan Hagel Rockefeller The Senator from Nevada. Carper Harkin Sarbanes 80 percent of the States in this country Chafee Hollings Sessions Mr. REID. So that Senator HELMS are suffering from a drought, let alone Clinton Jeffords Shelby could understand, I am adding the word other disasters. Cochran Johnson Smith (NH) ‘‘only’’ so it is very specific. Senator I urge my colleagues to just give Collins Kennedy Stabenow Conrad Kerry Thomas KYL and others wanted me to add that farmers a chance. If they have a prob- Corzine Kohl Torricelli language, and I have done that. lem with the farm bill, then they Daschle Landrieu Wellstone The PRESIDING OFFICER. Is there should offer amendments to the farm Dayton Leahy Wyden objection to the modification? Without Dodd Levin bill, not the disaster assistance pro- objection, it is so ordered. gram. NOT VOTING—1 The modification is as follows: The PRESIDING OFFICER. The Sen- Byrd Eligible States under this program shall ator from Arizona. The motion was rejected. include only Nevada, California, New Mex- Mr. KYL. Will the Senator from Indi- Mr. HARKIN. I move to reconsider ico, Washington, Oregon, Maine, and New Hampshire. ana yield me another 2 minutes? the vote. The PRESIDING OFFICER. The Sen- Mr. GRASSLEY. I move to lay that AMENDMENT NO. 2533 ator has 50 seconds remaining. motion on the table. The PRESIDING OFFICER. Under Mr. LUGAR. Madam President, I The motion to lay on the table was the previous order, there are 2 minutes yield the Senator the 50 seconds. agreed to. equally divided for debate prior to the Mr. KYL. I thank the Senator. The PRESIDING OFFICER. The Sen- vote on the motion to table the Crapo Later on I am going to offer an ator from Nevada. amendment. Who yields time? amendment—a sense-of-the-Senate Mr. REID. Mr. President, I ask that The Senator from Idaho. amendment—to express ourselves on the Senate adopt the Grassley amend- Mr. CRAPO. Mr. President, this the question of the permanent repeal of ment. It is my understanding that amendment seeks to strike section 215 the death tax. I daresay most farmers would be the next thing in order. from the bill. I encourage all Senators and ranchers in this country would The PRESIDING OFFICER. If there not to support the motion to table. The rather see the absolute permanent end is no further debate, the question is on issue is very simple. We have very im- of the death tax than they would an- agreeing to amendment No. 2837. portant and strong conservation pro- other handout from the U.S. Govern- The amendment (No. 2837) was agreed grams that have been historic parts of ment. to. the farm bill. They are critical to our So I ask my colleagues to stop and The PRESIDING OFFICER. The environment and to the conservation think for a minute about whom they question is on agreeing to amendment in our country. This amendment seeks are really helping. If they are willing No. 2835, as amended. to attach to that an effort to manage to support their constituents, their The amendment (No. 2835), as amend- water under the Endangered Species ranchers and farmers, then I think ed, was agreed to. Act in a way which would give further

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.023 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S609 Federal control over what has tradi- Hagel Lugar Sessions ments because Freedom to Farm was Hatch McCain Shelby tionally been a State prerogative: The Helms McConnell Smith (OR) failing. management, allocation, and use of Hutchinson Murkowski Stevens This is the first time it applies only water. It is critical we not start mixing Hutchison Nelson (NE) Thomas to 2001. It would be disaster assistance our domestic farm policy with issues of Inhofe Nickles Thompson to farmers who suffered disasters in Kyl Roberts Thurmond Endangered Species Act management Lott Santorum Voinovich 2001. It is only fair. It is only appro- and with issues of States water rights priate. The motion was agreed to. management, allocation and use. I might add, there is an $80,000 pay- Mrs. BOXER. I move to reconsider I encourage all Senators to oppose ment limitation—you can’t get dis- the vote. the motion to table. aster payments of more than $80,000— Mr. REID. I move to lay that motion The PRESIDING OFFICER. The Sen- which is very low, I might add, com- on the table. ator from Nevada. pared to a lot of disasters that oc- The motion to lay on the table was Mr. REID. The motion to table is curred across our country. It is only agreed to. something that is wanted by the con- disasters, and very small in comparison The PRESIDING OFFICER. The servation communities throughout to the problems we have been facing. question is on agreeing to the amend- America. Every environmental group I urge Senators to support the ment, as modified. supports this effort. The organization amendment. The amendment (No. 2533), as further that represents all of the State fish and The PRESIDING OFFICER. The time modified, was agreed to. of the Senator has expired. game departments across the country, Mr. SARBANES. I move to recon- Mr. LUGAR. Mr. President, has all the International Association of Fish sider the vote, and I move to lay that time expired? and Wildlife Agencies, supports this ef- motion on the table. The PRESIDING OFFICER (Mr. ED- fort. It is good legislation. It takes The motion to lay on the table was WARDS). All time has expired. nothing, I repeat nothing, away from agreed to. the States. Mr. LUGAR. Mr. President, the Bau- My State is supportive of my effort AMENDMENT NO. 2839 cus amendment contains an emergency here. Nevada’s former water engineer The PRESIDING OFFICER. On the designation. Under section 2035 of H. and now the head of our conservation next question—— Con. Res. 290, the fiscal year 2000 budg- agency helped me write this language; Mr. BYRD. Mr. President, I urge the et resolution, I raise a point of order he is one of the most conservative peo- Chair to insist on order in the Senate. against the amendment. ple in the State of Nevada. This is The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, pursu- something that is good for the States. ate will be order. ant to section 904 of the Congressional It is good for the farm communities. It Senators will clear the well. Budget Act of 1974, I move to waive the will allow them to do things they have Mr. BYRD. Mr. President, I hope this applicable sections of that act for the never been able to do before, and the is not being charged against the 2 min- purposes of the pending amendment, States have programs they could af- utes. and I ask for the yeas and nays. ford. This will allow them to do that. The PRESIDING OFFICER. The time The PRESIDING OFFICER. Is there a This is good legislation. The motion to is not charged. sufficient second? There are 2 minutes equally divided table the Crapo amendment would be There is a sufficient second. prior to the vote in relation to the for a better farm program, and I be- The question is on agreeing to the Baucus amendment. lieve it will lead to passage of this leg- motion. The clerk will call the roll. Who yields time? islation. The assistant legislative clerk called The Senator from Indiana. The PRESIDING OFFICER. The the roll. Mr. LUGAR. Mr. President, I would question is on agreeing to the motion Mr. NICKLES. I announce that the mention that emergency programs are to table the Crapo amendment. This is Senator from New Mexico (Mr. DOMEN- not new to agriculture. From 1989, that a 10-minute vote. The yeas and nays ICI) is necessarily absent. fiscal year, to the present time, over have been ordered. The clerk will call The PRESIDING OFFICER. Are there $40 billion has been expended in this the roll. any other Senators in the Chamber de- way. The legislative clerk called the roll. siring to vote? During the last 3 years, we have had The PRESIDING OFFICER. Are there The yeas and nays resulted—yeas 69, expenditures of $26.62 billion, $14.99 bil- any other Senators in the Chamber de- nays 30, as follows: lion, and $11.17 billion. There appears siring to vote? to be a very strong trend to try to get [Rollcall Vote No. 25 Leg.] The result was announced—yeas 55, outside the so-called baseline, plus YEAS—69 nays 45, as follows: whatever else occurs in the farm bill Akaka Daschle Leahy [Rollcall Vote No. 24 Leg.] Allard Dayton Levin for additional expenditures. Baucus Dodd Lieberman YEAS—55 The Baucus amendment calls for $2.4 Bayh Dorgan Lincoln Akaka Edwards Mikulski billion outside the $73.5 billion for the Bennett Durbin Mikulski Bayh Feingold Miller 10 years of additional spending in the Biden Edwards Miller Biden Feinstein Murray Bingaman Enzi Murray Bingaman Fitzgerald Nelson (FL) farm bill or the baseline. For that rea- Bond Feinstein Nelson (FL) Boxer Graham Reed son, I oppose it. At the proper time I Boxer Graham Nelson (NE) Breaux Gregg Reid will raise a point of order under section Breaux Grassley Reed Byrd Harkin Rockefeller Burns Hagel Reid Cantwell Hollings Sarbanes 205, but I will wait until we have had Byrd Harkin Rockefeller Carnahan Inouye Schumer the 2 minutes expire. Campbell Hatch Sarbanes Carper Jeffords Smith (NH) The PRESIDING OFFICER. The Sen- Cantwell Hollings Schumer Chafee Johnson Snowe ator’s time has expired. Carnahan Hutchinson Smith (OR) Cleland Kennedy Specter Cleland Inhofe Snowe Clinton Kerry Stabenow Who yields time? Clinton Inouye Stabenow Collins Kohl Torricelli The Senator from Montana. Cochran Jeffords Thomas Corzine Landrieu Warner Mr. BAUCUS. Mr. President, people Collins Johnson Torricelli Daschle Leahy Wellstone Conrad Kennedy Voinovich Dayton Levin Wyden can always use figures. It is true that Corzine Kerry Warner Dodd Lieberman over the entire period of the farm bill Craig Kohl Wellstone Durbin Lincoln that number of dollars has been spent. Crapo Landrieu Wyden NAYS—45 It is also true that some disaster as- NAYS—30 Allard Burns Domenici sistance has been provided to farmers Allen Feingold Kyl Allen Campbell Dorgan in the past. But it is not true that we Brownback Fitzgerald Lott Baucus Cochran Ensign spent $11 billion this prior year on dis- Bunning Frist Lugar Bennett Conrad Enzi asters. Frankly, the last payment was Carper Gramm McCain Bond Craig Frist Chafee Gregg McConnell Brownback Crapo Gramm only $5 billion, and it was not disaster DeWine Helms Murkowski Bunning DeWine Grassley payments; it was supplemental pay- Ensign Hutchison Nickles

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.026 pfrm02 PsN: S12PT1 S610 CONGRESSIONAL RECORD — SENATE February 12, 2002

Roberts Shelby Stevens section 111) is amended by striking para- ‘‘(B) GUAM.—The Secretary shall allow a Santorum Smith (NH) Thompson graph (2) and inserting the following: standard deduction for each household in Sessions Specter Thurmond ‘‘(2) INCOME PROTECTION PRICES.—The in- Guam that is— NOT VOTING—1 come protection prices for contract commod- ‘‘(i) equal to the applicable percentage Domenici ities under paragraph (1)(A) are as follows: specified in subparagraph (D) of twice the in- ‘‘(A) Wheat, $3.4460 per bushel. come standard of eligibility established The PRESIDING OFFICER. On this ‘‘(B) Corn, $2.3472 per bushel. under subsection (c)(1) for the 48 contiguous vote, the yeas are 69, the nays are 30. ‘‘(C) Grain sorghum, $2.3472 per bushel. States and the District of Columbia; but Three-fifths of the Senators duly cho- ‘‘(D) Barley, $2.1973 per bushel. ‘‘(ii) not less than the minimum deduction sen and sworn having voted in the af- ‘‘(E) Oats, $1.5480 per bushel. for Guam specified in subparagraph (E). firmative, the motion is agreed to. The ‘‘(F) Upland cotton, $0.6793 per pound. ‘‘(C) HOUSEHOLDS OF 6 OR MORE MEMBERS.— point of order falls. ‘‘(G) Rice, $9.2914 per hundredweight. The income standard of eligibility estab- ‘‘(H) Soybeans, $5.7431 per bushel. lished under subsection (c)(1) for a household Mr. LUGAR. Mr. President, I move to ‘‘(I) Oilseeds (other than soybeans), $0.1049 of 6 members shall be used to calculate the reconsider. per pound.’’. standard deduction for each household of 6 or Mr. REID. I move to lay that motion (b) LOAN RATES FOR MARKETING ASSIST- more members. on the table. ANCE LOANS.— ‘‘(D) APPLICABLE PERCENTAGE.—For the The motion to lay on the table was (1) IN GENERAL.—Section 132 of the Federal purpose of subparagraph (A), the applicable agreed to. Agriculture Improvement and Reform Act of percentage shall be— The PRESIDING OFFICER. The 1996 (as amended by section 123(a)) is amend- ‘‘(i) 8 percent for each of fiscal years 2002 question is on agreeing to amendment ed to read as follows: through 2004; ‘‘(ii) 8.5 percent for each of fiscal years 2005 No. 2839. ‘‘SEC. 132. LOAN RATES. ‘‘The loan rate for a marketing assistance through 2007; The amendment (No. 2839) was agreed ‘‘(iii) 9 percent for each of fiscal years 2008 to. loan under section 131 for a loan commodity shall be— through 2010; and Mr. REID. Mr. President, I move to ‘‘(1) in the case of wheat, $2.9960 per bushel; ‘‘(iv) 10 percent for each fiscal year there- reconsider the vote and move to lay ‘‘(2) in the case of corn, $2.0772 per bushel; after. that motion on the table. ‘‘(3) in the case of grain sorghum, $2.0772 ‘‘(E) MINIMUM DEDUCTION.—The minimum The motion to lay on the table was per bushel; deduction shall be $134, $229, $189, $269, and agreed to. ‘‘(4) in the case of barley, $1.9973 per bush- $118 for the 48 contiguous States and the Dis- The PRESIDING OFFICER. The Sen- el; trict of Columbia, Alaska, Hawaii, Guam, ‘‘(5) in the case of oats, $1.4980 per bushel; and the Virgin Islands of the United States, ator from Nevada. respectively.’’. Mr. REID. Mr. President, we are on ‘‘(6) in the case of upland cotton, $0.5493 per pound; (3) EFFECTIVENESS OF CERTAIN PROVI- the farm bill now. Having completed ‘‘(7) in the case of extra long staple cotton, SIONS.—Sections 413 and 165(c)(1) shall have our votes on all these amendments, the $0.7965 per pound; no effect. Senator from Kentucky, Mr. MCCON- ‘‘(8) in the case of rice, $6.4914 per hundred- Mr. MCCONNELL. Mr. President, this NELL, is here to offer an amendment. weight; amendment is being looked at on the He said he would take 5 or 10 minutes. ‘‘(9) in the case of soybeans, $5.1931 per other side, and I am optimistic it will There is work being done by the man- bushel; be agreed to and thereby hopefully not agers to see whether or not that ‘‘(10) in the case of oilseeds (other than require a rollcall vote. amendment would be acceptable. They soybeans), $0.0949 per pound; ‘‘(11) in the case of graded wool, $1.00 per Mr. President, we have made progress will work on that during the party re- pound; in the Food Stamp Program during cesses. When Senator MCCONNELL fin- ‘‘(12) in the case of nongraded wool, $.40 per this debate and I rise today to propose ishes his remarks, I ask unanimous pound; two further improvements to that consent that the Senator from New ‘‘(13) in the case of mohair, $2.00 per pound; worthwhile program. Mexico, Mr. BINGAMAN, be recognized ‘‘(14) in the case of honey, $.60 per pound; President Bush has called for the for up to 10 minutes to speak as in ‘‘(15) in the case of dry peas, $6.78 per hun- standard deduction in the Food Stamp morning business, and then following dredweight; Program to reach 10 percent of the pov- that we would stand in recess for the ‘‘(16) in the case of lentils, $12.79 per hun- erty level in his new budget proposal. dredweight; party conferences. ‘‘(17) in the case of large chickpeas, $17.44 In other words, if the 10-percent deduc- The PRESIDING OFFICER. Without per hundredweight; and tion were in effect for 2002 a family of objection, it is so ordered. ‘‘(18) in the case of small chickpeas, $8.10 four would receive an additional $16 a The Senator from Kentucky. per hundredweight.’’. month. AMENDMENT NO. 2845 TO AMENDMENT NO. 2471 (2) ADJUSTMENT OF LOANS.— The present language in the Senate (A) IN GENERAL.—The amendment made by Mr. MCCONNELL. Mr. President, I bill does not meet the goal set forth in section 123(b) is repealed. have an amendment at the desk, No. President Bush’s 2003 budget. (B) APPLICABILITY.—Section 162 of the Fed- I am not asking for increased overall 2845. I call it up and ask for its imme- eral Agriculture Improvement and Reform diate consideration. spending levels in the farm bill. The Act of 1996 (7 U.S.C. 7282) shall be applied and offset to my proposed increase in the The PRESIDING OFFICER. The administered as if the amendment made by clerk will report. section 123(b) had not been enacted. Food Stamp Program would come out The legislative clerk read as follows. (c) FOOD STAMP PROGRAM.— of a small cut in price supports and (1) SIMPLIFIED RESOURCE ELIGIBILITY loan rates. The Senator from Kentucky [Mr. MCCON- LIMIT.—Section 5(g)(1) of the Food Stamp I am asking that we consider reduc- NELL] proposes an amendment numbered 2845 Act of 1977 (7 U.S.C. 2014(g)(1)) is amended by to amendment No. 2471. tions of less than one cent—less than striking ‘‘a member who is 60 years of age or one cent per bushel—to the price sup- Mr. MCCONNELL. Mr. President, I older’’ and inserting ‘‘an elderly or disabled port payments and marketing loan ask unanimous consent that reading of member’’. rates in this bill, so that we can con- (2) INCREASE IN BENEFITS TO HOUSEHOLDS the amendment be dispensed with. tinue to address the needs of our Na- The PRESIDING OFFICER. Without WITH CHILDREN.—Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amend- tion’s poor and disabled. objection, it is so ordered. We need to complete the task of over- The amendment is as follows: ed by striking paragraph (1) and inserting the following: hauling the Food Stamp Program’s (Purpose: To reduce certain commodity ben- ‘‘(1) STANDARD DEDUCTION.— standard income deduction. efits and use the resulting savings to im- ‘‘(A) IN GENERAL.—Subject to the other The standard income deduction pol- prove nutrition assistance) provisions of this paragraph, the Secretary icy affects the eligibility and benefit On page 128, after line 8, add the following: shall allow a standard deduction for each determination of every food stamp ap- SEC. 1ll. REDUCTION OF COMMODITY BENE- household that is— plicant. For the last several years, the FITS TO IMPROVE NUTRITION AS- ‘‘(i) equal to the applicable percentage standard deduction has been fixed at SISTANCE. specified in subparagraph (D) of the income (a) INCOME PROTECTION PRICES FOR standard of eligibility established under sub- $134 for every family, regardless of size COUNTER-CYCLICAL PAYMENTS.—Section section (c)(1); but and regardless of inflation and the fluc- 114(c) of the Federal Agriculture Improve- ‘‘(ii) not less than the minimum deduction tuating levels of the national poverty ment and Reform Act of 1996 (as amended by specified in subparagraph (E). level.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.012 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S611 As I mentioned at the outset, we’ve The PRESIDING OFFICER. Under amendment is a water benefits pro- made some progress on this issue dur- the previous order, the Senator from gram under which participating States ing the farm bill debate. The nutrition New Mexico is recognized. can develop a plan where willing water title as it now stands adopts the basic AMENDMENT NO. 2842 users are offered assistance or com- policy model recommended by Presi- Mr. BINGAMAN. Mr. President, I pensation for several different water dent Bush in his budget and introduced thank the assistant majority leader for savings options, such as irrigation effi- in committee by my colleague Senator his help in providing me time to ex- ciency improvements, converting from LUGAR—that is, it links the income de- plain a vote we cast fairly recently. water-intensive to less water-intensive duction for basic family living ex- Senator REID proposed a second-de- crops, leasing or selling water rights— penses to annual poverty levels. By gree amendment to the farm bill which again, not to the Federal Government, doing so, the amount is indexed by I supported. The amendment would be but to the State. Quite simply, the family size and reflects annual eco- a substitute to the water conservation original concept has been converted nomic changes. provision contained in section 215 of into two programs that are State based As the provision is implemented, food the underlying bill. I have reviewed the and State controlled. stamp benefits increase modestly. The amendment that Senator REID offered Under the new amendment, there is Dorgan-Grassley amendment took the and that the Senate adopted. I believe no possibility of the Federal Govern- important step of phasing in the pro- it is good law, it is good policy, and it ment buying or leasing water rights. posal more quickly, and I applaud them is a substantial improvement over the That is prohibited. The remaining Fed- for that. original proposal. So I did support it. I eral role is to review the State pro- I ask, however, that we finish the job think it is a constructive proposal. posal to ensure that they fulfill certain and achieve the goal set forth by Presi- Section 215, as originally conceived, general purposes and to prioritize fund- dent Bush to raise the standard deduc- sought to provide direct Federal assist- ing between competing proposals in tion to 10 percent of the poverty level ance to farmers by allowing the Fed- order to get a State plan implemented. in this farm bill. That is precisely what eral Government to lease or acquire I think it is appropriate that the my amendment will do. water rights on a willing seller basis to Federal Government try to provide Under my amendment, over the next use as part of a plan to protect and re- some assistance to States and to the 10 years, there will be an additional cover certain species and certain habi- agricultural community to address $500 million in the hands of needy fami- tat. That is a worthy goal, but as in all these difficult needs that arise when lies with children. That’s $50 million water-related issues—and we know this the water needs of farmers compete more per year. with the needs of fish and wildlife. This Let us remember that half the gains in New Mexico perhaps better than in is particularly true where the conflict from this change would go to low-wage most parts of the country—the devil is is exacerbated by Federal laws, such as working families. In addition, over 99 in the details. On close review, valid concerns were the Endangered Species Act. There are percent of the gains would go to fami- raised. No. 1 was whether the program situations all over the West—in the Rio lies with children. The second Food Stamp Program would be conducted pursuant to all ap- Grande Valley in my State, in the Col- change in my amendment would rem- plicable State law; No. 2, what would orado River, all the way to the Colum- edy an inconsistency in the rules that be the implications of Federal owner- bia River—where States, local water apply to the elderly and disabled. It ship of Federal water rights; No. 3, users, Indian tribes, and other inter- would apply the same assert rule to what was the correct linkage between ested parties are sitting down together both populations. the Conservation Reserve Program and and jointly working out water alloca- Given the special needs of our elderly the Endangered Species Act. tion issues for the benefit of all in- and disabled citizens, Program eligi- So to address these problems, we volved. bility rules are somewhat more gen- agreed—this was before Christmas, be- There is no easy solution. In all of erous in this area. For example, these fore the end of the session last year—to those cases where solutions are devel- families are allowed to deduct excess prohibit the application of the section oped, they cost money. Let me mention medical expenses in the calculation of 215 water conservation program in any a specific situation we have in New net income. State in which the Governor had not Mexico. The Pecos River flows south- With respect to food stamp asset formally agreed to the program being east through New Mexico to the Texas rules, however, the elderly and disabled used. border. That major river basin is, un- are subject to different policies. Food This change, however, although it fortunately, close to a number of issues stamp eligibility for households with was a substantial step forward—I that include endangered species needs, an elderly member allows assets equal thought, again, it was a constructive drought, and the interstate compact to $3,000, but asseets for the disabled way to proceed—it was considered in- with Texas that is the subject of exist- can’t exceed $2,000. sufficient to address the needs of some ing U.S. Supreme Court orders. There seems no good reason for such States, such as my State—States that For all these reasons, our State has an inconsistency. Both kinds of fami- wanted to make use of the program but had in place a limited program to con- lies face special needs. Further, the were still concerned about the issues I serve and protect river flows, similar distinction for only this policy creates have mentioned—these concerns about to that contemplated in the amend- confusion for low-income families and Federal ownership of water, in par- ment Senator REID offered. The situa- increases the risk of errors for States. ticular. Fortunately, Senator REID was tion now, however, is so severe that I ask our colleagues to support these agreeable to making changes in that local water users, with the help of the improvements to the Food Stamp Pro- language and we were able to adopt a State, with the State facilitation, have gram. The total cost of both provisions much-improved version of the amend- agreed to new measures, including re- is $500 million over 10 years. This is a ment just in the last few minutes. tiring water rights to ensure compli- small price to pay to help the neediest The amendment that has now been ance with existing legal obligations, families in our Nation. adopted addresses many of the same and to avoid having water cut off that My amendment is supported by lead- conservation goals by utilizing two is being used for municipal and agricul- ing nutrition groups such as the Ken- State-based water conservation pro- tural needs. tucky Task Force on Hunger, the Cen- grams. The first program, which is a Let me emphasize that this is a lo- ter on Budget and Policy Priorities, water conservation reserve program, cally driven process. The Federal Gov- the Food Reseaerch and Action Center, would fund States that submit pro- ernment has not even participated in and Second Harvest. posals seeking to enroll land in a con- the discussions. But the reality of the The farm bill is an important safety servation reserve or to acquire water new plan, which has been developed lo- net for our farmers. Likewise, the Food rights to advance the goals of Federal, cally, is that it is going to cost an esti- Stamp Program is an important safety State, tribal, or local plans to conserve mated $68 million. It is unclear and un- net for our country. and protect fish and wildlife. likely that our State can put together I hope the amendment will be subse- The second of the two programs that that level of funding. It is quite pos- quently cleared on both sides. are provided for in Senator REID’s new sible that, through the programs we

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.014 pfrm02 PsN: S12PT1 S612 CONGRESSIONAL RECORD — SENATE February 12, 2002 have included in this amendment, we Mr. LUGAR. Mr. President, I rise in RECESS could provide a very useful tool to New support of the McConnell amendment. The PRESIDING OFFICER. Under Mexico and to the Pecos River Basin. For a very small reduction in the the previous order, the Senate will now Stakeholders in the basin have shown planned increases to price support and stand in recess until the hour of 2:15 they are willing to make tough deci- loan guarantee rates, two meaningful p.m. today. sions to avoid even tougher times in improvements to the Food Stamp Pro- There being no objection, the Senate, the future. The least we can do is try gram become possible. A savings, of at 12:33 p.m., recessed until 2:15 p.m. to provide creative ways to bring real about $500 million over 10 years, is cre- and reassembled when called to order resources to the table in support of ated by reducing rates less than a cent by the Presiding Officer (Mr. CLELAND). those efforts. That is a reason I sup- per bushel or pound across all crops. The PRESIDING OFFICER. The Sen- ported Senator REID’s amendment. The application of this savings to the ator from Nevada. I know my colleague expressed his Food Stamp Program fulfills a bipar- Mr. REID. Mr. President, at 2:50 we dismay that I would agree to provide tisan goal to further expand the stand- will provide an opportunity for Mem- the option for New Mexico to partici- ard deduction provision in the current bers to offer amendments. Members pate in these programs. In my view, it Senate farm bill. In determining the have until 3 p.m. to offer their amend- would be foolhardy for our State not to amount of family income available for ments or there will be no more amend- have that option to participate. There food purchases, all applicant house- ments than those offered. I ask unani- is no mandate that we participate. holds get the same standard deduction mous consent, regardless of what we There is no mandate in any of this leg- for basic living expenses. As my col- are involved in, there be a period from islation that any farmer or water user league, Senator MCCONNELL points out, 2:50 until 3 p.m. that Members have the participate. But having the option to the amount, $134 per month, doesn’t opportunity to offer amendments if access these resources, in my view, vary by family size and hasn’t changed they so choose and we would lay makes a great deal of sense. in value for a number of years. Since amendments aside to allow Senators to In sum, the amendment Senator REID the size of the standard deduction af- proposed, and the Senate adopted, may offer their amendments. fects eligibility and benefit decisions, The PRESIDING OFFICER. Without prove to be a very effective tool in current policy has resulted in an ero- helping our constituents to deal with objection, it is so ordered. sion of benefits. The Senator from Wyoming. the serious water issues they now face. Moreover, the amendment addresses There is both widespread and bipar- AMENDMENT NO. 2846 TO AMENDMENT NO. 2471 the problems identified by the Farm tisan support for making improve- Mr. ENZI. I ask unanimous consent Bureau and other entities regarding ments in this policy area. The adminis- to lay aside the current amendment the existing section 215. tration’s new budget, the Senate Agri- and I send an amendment to the desk. First and foremost, there will be no culture Committee bill, the House nu- The PRESIDING OFFICER. Without Federal ownership of State-based water trition title, my own farm bill pro- objection, it is so ordered. rights as part of the program. Second, posal, as well as legislation introduced The clerk will report. the amendment is absolutely clear that last year by Senators KENNEDY, SPEC- The assistant legislative clerk read the program will be implemented as a TER, LEAHY, JEFFORDS, GRAHAM, CLIN- as follows: State program, and only implemented TON, DASCHLE, CHAFEE, and CORZINE all The Senator from Wyoming [Mr. ENZI] pro- if the State chooses for it to be imple- propose to tie the standard deduction poses an amendment numbered 2846 to mented. There will have to be complete to a percentage of the Federal poverty amendment numbered 2471. compliance with the substantive and line. Mr. ENZI. I ask unanimous consent procedural requirements of State water Under the Senate farm bill, the reading of the amendment be dispensed law. Finally, although the State may standard deduction only reaches 9 per- with. choose to use its program to help al- cent of the poverty line, even when The PRESIDING OFFICER. Without leviate endangered species conflicts, fully phased in. The Bush, Lugar and objection, it is so ordered. this is not the sole basis or the applica- Kennedy-Specter proposals, in con- The amendment is as follows: tion of the program. trast, take the standard deduction to (Purpose: To authorize the President to es- Other wildlife and habitat improve- 10 percent of the poverty line over 10 tablish a pilot emergency relief program ment programs are also allowable, and years. The result is a small benefit in- under the Agricultural Trade Development because any water acquisition will be and Assistance Act of 1954 to provide live crease. A food stamp family of four lamb to Afghanistan) done by the State, Federal actions are would get an additional $6 per month limited—something that should allevi- On page 337, strike line 11 and insert the compared to the current Senate bill. following: ate a significant number of the con- The second food stamp improvement SEC. 309. PILOT EMERGENCY RELIEF PROGRAM cerns I mentioned before. the McConnell amendment makes is to TO PROVIDE LIVE LAMB TO AFGHAN- I believe the statutory language pro- modestly expand benefit access among ISTAN. tects the State’s laws and prerogatives. low-income disabled persons. Specifi- Title II of the Agricultural Trade Develop- I believe it protects the prerogatives cally, the amendment would raise the ment and Assistance Act of 1954 (7 U.S.C. 1721 and rights of individual water users. I et seq.) is amended by adding at the end the asset ceiling for low-income families following: believe it can be a very useful tool for with a disabled member from $2,000 to ‘‘SEC. 209. PILOT EMERGENCY RELIEF PROGRAM my State of New Mexico. And if there $3,000. are still problems with specific aspects TO PROVIDE LIVE LAMB TO AFGHAN- Three thousand dollars is the asset ISTAN. of the language, I am certainly willing limit for families with an elderly mem- ‘‘(a) IN GENERAL.—The President may es- to consider working on modifications. ber. Since both the elderly and disabled tablish a pilot emergency relief program But it is my strong impression that face limited opportunities to replace under this title to provide live lamb to Af- this is a program that could be of great ghanistan on behalf of the people of the assets, it is reasonable to have the benefit to many States in the West, United States. same ceiling apply. This provision re- and we should have the option to par- ‘‘(b) REPORT.—Not later than January 1, duces the need for low-income disabled ticipate if the State so chooses. 2004, the Secretary shall submit to Congress Mr. President, I yield the floor. persons to spend down savings before a report that— Mr. REID. Mr. President, I ask unan- becoming eligible for food stamp bene- ‘‘(1)(A) evaluates the success of the pro- gram under subsection (a); or imous consent that the prior order be fits. Voting for this amendment is a small ‘‘(B) if the program has not succeeded or amended to allow Senator LUGAR to has not been implemented, explains in detail speak on the McConnell amendment, gesture that makes a positive dif- why the program has not succeeded or has and when he finishes, we would go into ference for many and takes a modest not been implemented; and recess for the party conferences. step toward repairing the impact of ‘‘(2) discusses the feasibility and desir- The PRESIDING OFFICER. Without substantial budget cuts sustained by ability of providing assistance in the form of objection, it is so ordered. the Food Stamp Program in the mid- live animals.’’. The PRESIDING OFFICER. The Sen- 1990s. Mr. ENZI. Mr. President, I will re- ator from Indiana. I yield the floor. frain from most of my debate until

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.034 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S613 later. I will give a brief explanation of we couldn’t move the food, why quire the program to be carried out, what the bill does. couldn’t the food move itself? Live nor does it put additional burdens on It is a pilot project to provide lamb lamb was the natural answer. the budget, it simply calls for a study. to Afghanistan. Wyoming has the Air Lamb has been a traditional part of The study of a program that could have National Guard that has the capability the diet for the people of the region for an impact on so many people should be of moving livestock from the United many years and has no religious prohi- supported. States to Afghanistan, and there are bitions. Once the lamb arrives at the I know my colleagues are aware of several other units in the United edge or in the region, it can easily be the amounts of aid we are already States. It provides the USDA, from distributed to the needy area on foot or sending to Afghanistan. I am aware among current funds, to purchase a by truck. Sheep are well known for that there remain some concerns about pilot project in lamb and ship it by way their agility and ability to adapt to how we can send live lamb half-way of military transport to Afghanistan. mountainous regions. Once the lambs around the world. I hope my colleagues We have heard the story, give a per- are distributed, the families, them- will support this amendment in order son a fish, it will feed them for a day; selves, can decide how and when to to explore new strategies of providing a teach a person to fish, it will feed them slaughter the lambs or even use the long-term aid to the people of Afghani- for a lifetime. This is in that category. lambs to build up their family stock. stan. This is the opportunity to build up Now here in America, most parents I yield the floor. their herds. They do not have much re- wouldn’t be comfortable slaughtering a The PRESIDING OFFICER. The Sen- frigeration. They can use the herd, lamb in the back yard. Most families in ator from Minnesota. grow the herd, and the production from Afghanistan don’t receive their meat AMENDMENT NO. 2847 TO AMENDMENT NO. 2471 the herd can be used for food, and it on a styrofoam platter in Saran wrap Mr. WELLSTONE. Mr. President, I can be butchered at the time they need from the grocery store. They are very send an amendment to the desk and it, so there is no refrigeration problem. comfortable slaughtering their own ask for its immediate consideration. We think it will solve a lot of prob- livestock for sustenance in very tradi- The PRESIDING OFFICER. Without lems. The amendment is wide open for tional ways. objection, the pending amendment is how extensive the pilot project could In an effort to ensure this program laid aside. The clerk will report the be. It does call for a report in January would be handled correctly, I did give amendment. of 2004 to explain whether it worked or USAID, United States Agency for The assistant legislative clerk read did not work, whether it was imple- International Development, an oppor- as follows: mented or not, and if it was not imple- tunity to view an earlier version of the The Senator from Minnesota [Mr. mented, to explain why it was not im- amendment that mandated the pro- WELLSTONE] proposes an amendment num- plemented. gram. USAID raised a few concerns to bered 2847 to amendment No. 2471. The idea is very simple. We should the amendment. One concern is that Mr. WELLSTONE. I ask unanimous ship live lamb to Afghanistan not only lamb would not provide the same ca- consent the reading of the amendment to assist the numerous tribes in re- loric value per dollar as grain. In re- be dispensed with. building their flocks of sheep, but to sponse to this and other concerns, I The PRESIDING OFFICER. Without provide immediate protein to their scaled the amendment back to a study. objection, it is so ordered. diets. I realize the importance of getting as The amendment is as follows: My amendment would authorize the many calories as possible across the (Purpose. To insert in the environmental President to study the feasibility of ocean and to the Afghan people today, quality incentives program provisions re- sending live lamb to Afghanistan. My but my amendment looks ahead to the lating to confined livestock feeding oper- amendment requires the President to future. While we address the imme- ations and insert a payment limitation) report to Congress on the feasibility of diate needs of the Afghan people, we Beginning on page 217, strike line 12 and a pilot live lamb program. The report all that follows through page 235, line 6 and cannot ignore the fact that the people insert the following: would include information on the cost need long-term assistance. (iii) REQUIREMENT.—A comprehensive nu- and the logistics of the program. A fa- Mr. President, this is a simple idea trient management plan shall meet all Fed- vorable report could begin a series of with a great possibility of benefits for eral, State, and local water quality and pub- shipments to Afghanistan, while an un- the Afghan people. Congress, and all lic health goals and regulations, and in the favorable report would lead us to re- Americans, are working to assist the case of a large confined livestock operation evaluate how the program could suc- Afghan people in the development of a (as defined by the Secretary), shall include ceed. Because this program only man- stronger and long-lasting stable gov- all necessary and essential land treatment dates a report, it is budget neutral. practices and determined by the Secretary. ernment. (3) ELIGIBLE LAND.—The term ‘‘eligible The continued need for food in Af- As we are all too aware, the people of land’’ means agriculture land (including ghanistan is great. We are all well-ac- Afghanistan have suffered over two cropland, grassland, rangeland, pasture, pri- quainted with the unique problems fac- decades of turmoil, nearly 4 years of vate nonindustrial forest land and other land ing food aid to Afghanistan. The coun- drought, and the oppressive rule of the on which crops or livestock are produced), try’s northern terrain is mountainous. Taliban regime. Even before 2001, Af- including agricultural land that the Sec- Few roads traverse the area. The num- ghanistan had the worst nutrition situ- retary determines poses a serious threat to ber of roads is even smaller when you ation in the world and the highest ma- soil, water, or related resources by reason of consider that food, typically grain, is the soil types, terrain, climatic, soil, topo- ternal mortality rate. Nearly one-fifth graphic, flood, or saline characteristics, or hauled in large trucks. These trucks of Afghans depend on humanitarian aid other factors or natural hazards. require passable roads. Lastly, we have for survival. In the last year, the situa- (4) INNOVATIVE TECHNOLOGY.—The term to consider the high altitude of Af- tion has gotten even worse. ‘‘innovative technology’’ means a new con- ghanistan. Much like my own State, I am pleased that the United States servation technology that, as determined by winter in Afghanistan shuts down pas- has been a staunch supporter of the Af- the Secretary— sage on all mountain roads. The only ghan people and a large contributor of (A) maximizes environmental benefits; (B) complements agricultural production; option is to consider moving food aid humanitarian aid. In fact, since 1979 and through the gentler southern land- the United States has contributed (C) may be adopted in a practical manner. scape. After a brief glance at the coun- more than $1 billion in humanitarian (5) LAND MANAGEMENT PRACTICE.—The term tries on Afghanistan’s southern border, assistance to the Afghan people. The ‘‘land management practice’’ means a site- we know that we couldn’t depend on United States has represented about specific nutrient or manure management, in- them as ports of entry to ship food aid two-thirds of the total contribution of tegrated pest management, irrigation man- to Afghanistan. the international community. I believe agement, tillage or residue management, The idea to ship live lamb to Afghan- grazing management, air quality manage- this amendment continues our history ment, or other land management practice istan originated when I was consid- of providing aid where it is needed. carried out on eligible land that the Sec- ering the great obstacles that pre- The uniqueness of sending live lamb retary determines is needed to protect from vented trucks from delivering food aid could open the doors for other areas of degradation, in the most cost-effective man- to the interior of Afghanistan. But, if aid as well. My amendment does not re- ner, water, soil, or related resource.

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(6) LIVESTOCK.—The term ‘‘livestock’’ prehensive nutrient management plan shall amount provided to a producer under para- means dairy cattle, beef cattle, laying hens, be eligible for any combination of technical graph (1) to not more than 90 percent if the broilers, turkeys, swine, sheep, and other assistance, incentive payments, and edu- producer is a limited resource or beginning such animals as are determined by the Sec- cation. farmer or rancher, as determined by the Sec- retary. (3) EDUCATION.—The Secretary may provide retary. (7) MANAGED GRAZING.—The term ‘‘man- conservation education at national, State, (B) COST-SHARE ASSISTANCE FROM OTHER aged grazing’’ means the application of 1 or and local levels consistent with the purposes SOURCES.—Except as provided in paragraph more practices that involve the frequent ro- of the program to— (3), any cost-share payments received by a tation of animals on grazing land to— (A) any producer that is eligible for assist- producer from a State or private organiza- (A) enhance plant health; ance under the program; or tion or person for the implementation of 1 or (B) limit soil erosion; (B) any producer that is engaged in the more practices on eligible land of the pro- (C) protect ground and surface water qual- production of an agricultural commodity. ducer shall be in addition to the payments ity; or (b) APPLICATION AND TERM.—With respect provided to the producer under paragraph (1). (D) benefit wildlife. to practices implemented under this (3) OTHER PAYMENTS.—A producer shall not (8) MAXIMIZE ENVIRONMENTAL BENEFITS PER program— be eligible for cost-share payments for prac- DOLLAR EXPENDED.— (1) a contract between a producer and the tices on eligible land under the program if (A) IN GENERAL.—The term ‘‘maximize en- Secretary may— the producer receives cost-share payments or (A) apply to 1 or more structural practices, vironmental benefits per dollar expended’’ other benefits for the same practice on the land management practices, and comprehen- means to maximize environmental benefits same land under chapter 1 and the program. to the extent the Secretary determines is sive nutrient management planning prac- (e) INCENTIVE PAYMENTS.—The Secretary practicable and appropriate, taking into ac- tices; and shall make incentive payments in an amount (B) have a term of not less than 3, or more count the amount of funding made available and at a rate determined by the Secretary to than 10 years, as determined appropriate by to carry out this chapter. be necessary to encourage a producer to per- (B) LIMITATION.—The term ‘‘maximize en- the Secretary, depending on the practice or form 1 or more practices. vironmental benefits per dollar expended’’ practices that are the basis of the contract; (f) TECHNICAL ASSISTANCE.— does not require the Secretary— (2) a producer may not enter into more (1) IN GENERAL.—The Secretary shall allo- than 1 contract for structural practices in- (i) to require the adoption of the least cost cate funding under the program for the pro- volving livestock nutrient management dur- practice or technical assistance; or vision of technical assistance according to (ii) to require the development of a plan ing the period of fiscal years 2002 through the purpose and projected cost for which the under section 1240E as part of an application 2006; and technical assistance is provided for a fiscal for payments or technical assistance. (3) a producer that has an interest in more year. (9) PRACTICE.—The term ‘‘practice’’ means than 1 large confined livestock operation, as (2) AMOUNT.—The allocated amount may 1 or more structural practices, land manage- defined by the Secretary, may not enter into vary according to— ment practices, and comprehensive nutrient more than 1 contract for cost-share pay- (A) the type of expertise required; management planning practices. ments for a storage or treatment facility, or (B) the quantity of time involved; and (10) PRODUCER.— associated waste transport or transfer de- (C) other factors as determined appropriate (A) IN GENERAL.—The term ‘‘producer’’ vice, to manage manure, process wastewater, by the Secretary. means an owner, operator, landlord, tenant, or other animal waste generated by the large (3) LIMITATION.—Funding for technical as- or sharecropper that— confined livestock feeding operation. sistance under the program shall not exceed (i) shares in the risk of producing any crop (c) APPLICATION AND EVALUATION.— the projected cost to the Secretary of the or livestock; and (1) IN GENERAL.—The Secretary shall estab- technical assistance provided for a fiscal (ii) is entitled to share in the crop or live- lish an application and evaluation process year. stock available for marketing from a farm for awarding technical assistance, cost share (4) OTHER AUTHORITIES.—The receipt of (or would have shared had the crop or live- payments and incentive payments to a pro- technical assistance under the program shall stock been produced). ducer in exchange for the performance of 1 or not affect the eligibility of the producer to (B) HYBRID SEED GROWERS.—In determining more practices that maximize environmental receive technical assistance under other au- whether a grower of hybrid seed is producer, benefits per dollar expended. thorities of law available to the Secretary. the Secretary shall not take into consider- (2) COMPARABLE ENVIRONMENTAL VALUE.— (5) INCENTIVE PAYMENTS FOR TECHNICAL AS- ation the existence of hybrid seed contract. (A) IN GENERAL.—The Secretary shall es- (11) PROGRAM.—The term ‘‘program’’ tablish a process for selecting applications SISTANCE.— means the environmental quality incentives for technical assistance, cost share pay- (A) IN GENERAL.—A producer that is eligi- program comprised of sections 1240 through ments, and incentive payments in any case ble to receive technical assistance for a prac- 1240J. in which there are numerous applications for tice involving the development of a com- (12) STRUCTURAL PRACTICE.—The term assistance for practices that would provide prehensive nutrient management plan may ‘‘structural practice’’ means— substantially the same level of environ- obtain an incentive payment that can be (A) the establishment on eligible land of a mental benefits. used to obtain technical assistance associ- site-specific animal waste management facil- (B) CRITERIA.—The process under subpara- ated with the development of any component ity, terrace, grassed waterway, contour grass graph (A) shall be based on— of the comprehensive nutrient management strip, filterstrip, tailwater pit, permanent (i) a reasonable estimate of the projected plan. wildlife habitat, constructed wetland, or cost of the proposals described in the appli- (B) PURPOSE.—The purpose of the payment other structural practice that the Secretary cations; and shall be to provide a producer the option of determines is needed to protect, in the most (ii) the priorities established under the obtaining technical assistance for developing cost effective manner, water, soil, or related program, and other factors, that maximize any component of a comprehensive nutrient resources from degradation; and environmental benefits per dollar expended. management plan from a certified provider. (B) the capping of abandoned wells on eli- (3) CONSENT OF OWNER.—If the producer (C) PAYMENT.—The incentive payment gible land. making an offer to implement a structural shall be— SEC. 1240B. ESTABLISHMENT AND ADMINISTRA- practice is a tenant of the land involved in (i) in addition to cost-share or incentive TION OF ENVIRONMENTAL QUALITY agricultural production, for the offer to be payments that a producer would otherwise INCENTIVES PROGRAM. acceptable, the producer shall obtain the receive for structural practices and land (a) ESTABLISHMENT.— consent of the owner of the land with respect management practices; (1) IN GENERAL.—During each of the 2002 to the offer. (ii) used only to procure technical assist- through 2006 fiscal years, the Secretary shall (4) BIDDING DOWN.—If the Secretary deter- ance from a certified provider that is nec- provide technical assistance, cost-share pay- mines that the environmental values of 2 or essary to develop any component of a com- ments, and incentive payments to producers more applications for technical assistance, prehensive nutrient management plan; and that enter into contracts with the Secretary cost-share payments, or incentive payments (iii) in an amount determined appropriate under the program. are comparable, the Secretary shall not as- by the Secretary, taking into account— (2) ELIGIBLE PRACTICES.— sign a higher priority to the application only (I) the extent and complexity of the tech- (A) STRUCTURAL PRACTICES.—A producer because it would present the least cost to the nical assistance provided; that implements a structural practice shall program established under the program. (II) the costs that the Secretary would be eligible for any combination of technical (d) COST-SHARE PAYMENTS.— have incurred in providing the technical as- assistance, cost-share payments, and edu- (1) IN GENERAL.—Except as provided in sistance; and cation. paragraph (2), the cost-share payments pro- (III) the costs incurred by the private pro- (B) LANDS MANAGEMENT PRACTICES.—A pro- vided to a producer proposing to implement vider in providing the technical assistance. ducer that performs a land management 1 or more practices under the program shall (D) ELIGIBLE PRACTICES.—The Secretary practice shall be eligible for any combina- be not more than 75 percent of the cost of the may determine, on a case by case basis, tion of technical assistance, incentive pay- practice, as determined by the Secretary. whether the development of a comprehensive ments, and education. (2) EXCEPTIONS.— nutrient management plan is eligible for an (C) COMPREHENSIVE NUTRIENT MANAGEMENT (A) LIMITED RESOURCE AND BEGINNING FARM- incentive payment under this paragraph. PLANNING.—A producer that develops a com- ERS.—The Secretary may increase the (E) CERTIFICATION BY SECRETARY.—

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(i) IN GENERAL.—Only persons that have servation and environmental purposes to be SEC. 1240G. LIMITATION ON PAYMENTS. been certified by the Secretary under section achieved through 1 or more practices that (a) IN GENERAL.—Subject to subsection (b), 1244(f)(3) shall be eligible to provide tech- are approved by the Secretary; the total amount of cost-share and incentive nical assistance under this subsection. (2) not to conduct any practices on the payments paid to a producer under this chap- (ii) QUALITY ASSURANCE.—The Secretary farm or ranch that would tend to defeat the ter shall not exceed— shall ensure that certified providers are ca- purposes of the program; (1) $30,000 for any fiscal year, regardless of pable of providing technical assistance re- (3) on the violation of a term or condition whether the producer has more than 1 con- garding comprehensive nutrient manage- of the contract at any time the producer has tract under this chapter for the fiscal year; ment in a manner that meets the specifica- control of the land— (2) $90,000 for a contract with a term of 3 tions and guidelines of the Secretary and (A) if the Secretary determines that the years; (3) $120,000 for a contract with a term of 4 that meets the needs of producers under the violation warrants termination of the years; or contract— program. (4) $150,000 for a contract with a term of (i) to forfeit all rights to receive payments (F) ADVANCE PAYMENT.—On the determina- more than 4 years. tion of the Secretary that the proposed com- under the contract; and (b) ATTRIBUTION.—An individual or entity prehensive nutrient management of a pro- (ii) to refund to the Secretary all or a por- shall not receive, directly or indirectly, total ducer is eligible for an incentive payment, tion of the payments received by the owner payments from a single or multiple con- the producer may receive a partial advance or operator under the contract, including tracts this chapter that exceed $30,000 for of the incentive payment in order to procure any interest on the payments, as determined any fiscal year. the services of a certified provider. by the Secretary; or (c) EXCEPTION TO ANNUAL LIMIT.—The Sec- (G) FINAL PAYMENT.—The final installment (B) if the Secretary determines that the retary may exceed the limitation on the an- of the incentive payment shall be payable to violation does not warrant termination of nual amount of a payment to a producer a producer on presentation to the Secretary the contract, to refund to the Secretary, or under subsection (a)(1) if the Secretary de- of documentation that is satisfactory to the accept adjustments to, the payments pro- termines that a larger payment is— Secretary and that demonstrates— vided to the owner or operator, as the Sec- (1) essential to accomplish the land man- (i) completion of the technical assistance; retary determines to be appropriate; agement practice or structural practice for and (4) on the transfer of the right and interest which the payment is made to the producer; (ii) the actual cost of the technical assist- of the producer in land subject to the con- and ance. tract, unless the transferee of the right and (2) consistent with the maximization of en- (g) MODIFICATION OR TERMINATION OF CON- interest agrees with the Secretary to assume vironmental benefits per dollar expended and TRACTS.— all obligations of the contract, to refund all the purposes of this chapter. (1) VOLUNTARY MODIFICATION OR TERMI- cost-share payments and incentive payments (d) VERIFICATION.—The Secretary shall NATION.—The Secretary may modify or ter- received under the program, as determined identify individuals and entities that are eli- minate a contract entered into with a pro- by the Secretary; gible for a payment under the program using ducer under this chapter if— (5) to supply information as required by social security numbers and taxpayer identi- (A) the producer agrees to the modification the Secretary to determine compliance with fication numbers, respectively. or termination; and the program plan and requirements of the Mr. WELLSTONE. This amendment (B) the Secretary determines that the program; is a modified version of the amendment modification or termination is in the public (6) to comply with such additional provi- I offered last week to reform the EQIP interest. sions as the Secretary determines are nec- program. The central argument against (2) INVOLUNTARY TERMINATION.—The Sec- essary to carry out the program plan; and retary may terminate a contract under this (7) to submit a list of all confined livestock my amendment last week had to do chapter if the Secretary determines that the feeding operations wholly or partially owned with a size limitation. What this producer violated the contract. or operated by the applicant. amendment does is speak to some of SEC. 1240C. EVALUATION OF OFFERS AND PAY- SEC. 1240E. ENVIRONMENTAL QUALITY INCEN- the concerns of my colleagues, but it MENTS. TIVES PROGRAM PLAN. still is very much a reform amend- (a) IN GENERAL.—In evaluating applica- (a) IN GENERAL.—To be eligible to receive ment. tions for technical assistance, cost-share technical assistance, cost-share payments, or No. 1, it would lower the payment payments, and incentive payments, the Sec- incentive payments under the program, a limits from $50,000 per year to $30,000 retary shall accord a higher priority to as- producer of a livestock or agricultural oper- per year with the EQIP program. Right sistance and payments that— ation shall submit to the Secretary for ap- now, it is only $10,000 a year. This is (1) maximize environmental benefits per proval a plan of operations that specifies dollar expended; and practices covered under the program, and is very consistent with the vote last week (2)(A) address national conservation prior- based on such terms and conditions, as the on payment limitations. ities, including— Secretary considers necessary to carry out No. 2, it would prevent producers (i) meeting Federal, State, and local envi- the program, including a description of the with an interest in more than one large ronmental purposes focused on protecting air practices to be implemented and the pur- CAFO from receiving more than one and water quality, including assistance to poses to be met by the implementation of EQIP contract. This is the whole idea production systems and practices that avoid the plan, and in the case of confined live- of conglomerates owning many of these subjecting an operation to Federal, State, or stock feeding operations, development and CAFOs and receiving multiple sub- local environmental regulatory systems; implementation of a comprehensive nutrient (ii) applications from livestock producers management plan, and in the case of con- sidies. Again, we want to try to get using managed grazing systems and other fined livestock feeding operations, develop- support to our midsize producers, our pasture and forage based systems; ment and implementation of a comprehen- family farmers. (iii) comprehensive nutrient management; sive nutrient management plan. No. 3, it would require producers re- (iv) water quality, particularly in impaired (b) AVOIDANCE OF DUPLICATION.—The Sec- ceiving the EQIP funds to have a com- watersheds; retary shall, to the maximum extent prac- prehensive nutrient management plan, (v) soil erosion; ticable, eliminate duplication of planning ac- environmental plan. (vi) air quality; or tivities under the program and comparable These are simple measures that I (vii) pesticide and herbicide management conservation programs. think make the EQIP program have or reduction; SEC. 1240F. DUTIES OF THE SECRETARY. more, if you will, policy integrity. I (B) are provided in conservation priority (a) To the extent appropriate, the Sec- areas established under section 1230(c); think it is very consistent with what retary shall assist a producer in achieving we have been doing with the farm bill. (C) are provided in special projects under the conservation and environmental goals of section 1243(f)(4) with respect to which State a program plan by— The last amendment I introduced was a or local governments have provided, or will (1) providing technical assistance in devel- close vote. I think there are now Sen- provide, financial or technical assistance to oping and implementing the plan; ators who will support this amend- producers for the same conservation or envi- (2) providing technical assistance, cost- ment. ronmental purposes; or share payments, or incentive payments for We have the support of, among dif- (D) an innovative technology in connection developing and implementing 1 or more prac- ferent organizations, the National with a structural practice or land manage- tices, as appropriate; Farmers Union, the Environmental ment practice. (3) providing the producer with informa- Working Group, the Land Stewardship SEC. 1240D. DUTIES OF PRODUCERS. tion, education, and training to aid in imple- Project, Center for Rural Affairs, the (a) To receive technical assistance, cost- mentation of the plan; and share payments, or incentive payments (4) encouraging the producer to obtain Natural Resources Defense Council, under the program, a producer shall agree— technical assistance, cost-share payments, or Sustainable Agriculture Coalition, U.S. (1) to implement an environmental quality grants from other Federal, State, local, or PIRG, and Campaign for Family Farms incentives program plan that describes con- private sources. and the Environment.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.025 pfrm02 PsN: S12PT1 S616 CONGRESSIONAL RECORD — SENATE February 12, 2002 I think this is a good reform amend- ume of imports of Hass avocados in the beginning this year and repealed the federal ment, and I will wait for further debate United States over the previous three estate tax for one year beginning on January on the amendment, but I wanted to lay years.’’; 1, 2010, and (2) The Economic Growth and Tax Relief it down now. I ask unanimous consent (2) in paragraph (b)(2)(B) by striking ‘‘under subparagraph (A)(iii) on the basis of Reconciliation Act of 2001 contains a ‘‘sun- the amendment be temporarily laid the amount of assessments collected from set’’ provision that reinstates the federal es- aside. producers and importers over the imme- tate tax at its 2001 level beginning on Janu- The PRESIDING OFFICER. Without diately preceding three-year period’’ and in- ary 1, 2011. objection, it is so ordered. serting ‘‘under subparagraph (A)’’; (3) SENSE OF THE SENATE.—Therefore, it is the Sense of the Senate that the repeal of AMENDMENT NO. 2848 TO AMENDMENT NO. 2471 (3) in paragraph (h)(1)(C)(iii) by striking everything in the first sentence following the estate tax should be made permanent by Mr. LUGAR. Mr. President, I send an eliminating the sunset provision’s applica- amendment to the desk on behalf of ‘‘by the importer’’ and inserting in lieu thereof ‘‘to the respective importers associa- bility to the estate tax. Senator PHIL GRAMM of Texas. I ask tion, or if there is no such association to the Mr. LUGAR. Mr. President, I ask the unanimous consent the reading of the Board, within such time period after the re- amendment be laid aside, and I suggest amendment be dispensed with. tail sale of such avocados in the United the absence of a quorum. The PRESIDING OFFICER. Without States (not to exceed 60 days after the end of The PRESIDING OFFICER. Without objection, it is so ordered. The clerk the month in which the sale took place) as is objection, the clerk will call the roll. will report the amendment by number. specified for domestically produced avoca- The assistant legislative clerk pro- dos.’’; and The assistant legislative clerk read ceeded to call the roll. as follows: (4) in paragraph (9) by inserting at the end the following: Mr. HELMS. Mr. President, I ask The Senator from Indiana [Mr. LUGAR], for ‘‘(D) All importers of avocados from a unanimous consent that the order for Mr. GRAMM, proposes an amendment num- country associated with an importers asso- the quorum call be rescinded. bered 2848 to amendment No. 2471. ciation based on country-of-origin activities The PRESIDING OFFICER. Without The amendment is as follows: shall be required to be members of such im- objection, it is so ordered. (Purpose: To repeal the Hass Avocado Pro- porters association, and membership in such Mr. HELMS. Mr. President, I further motion, Research, and Information Act of importers association shall be open to any ask unanimous consent that it be in 2000) foreign avocado exporter or grower who order for me to make my remarks seat- At the appropriate place insert the fol- elects to voluntarily join.’’ ed at my desk. lowing: Mr. LUGAR. Mr. President, the pur- The PRESIDING OFFICER. Without (1) Title XII of H.R. 5426 of the 106th Con- pose of this amendment is to provide objection, it is so ordered. gress, as introduced on October 6, 2000 and as equity and fairness for the promotion Mr. HELMS. I thank the Chair. enacted by Public Law 106–387 is hereby re- of imported Hass avocados. AMENDMENT NO. 2822 TO AMENDMENT NO. 2471 pealed. I am introducing the amendments at Mr. HELMS. Mr. President, I send an Mr. LUGAR. The purpose of this this time in recognition of the fact amendment to the desk. amendment is to repeal the Hass Avo- that we have a deadline of 3 p.m. for in- The PRESIDING OFFICER. The cado Promotion Research and Informa- troduction of all amendments. At some clerk will report. tion Act of 2000. point, it is certainly possible that Sen- The assistant legislative clerk read I ask unanimous consent that this ator GRAMM will come to the floor and as follows: amendment be set aside so I may offer argue in behalf of his amendments, and The Senator from North Carolina [Mr. another amendment on behalf of Sen- others may do so also. HELMS] proposes an amendment numbered ator PHIL GRAMM of Texas. For the moment, I ask the amend- 2822 to amendment No. 2471. The PRESIDING OFFICER. Without ment be laid aside, and I suggest the Mr. HELMS. Mr. President, I ask objection, it is so ordered. absence of a quorum. unanimous consent that reading of the AMENDMENT NO. 2849 TO AMENDMENT NO. 2471 The PRESIDING OFFICER. Without amendment be dispensed with. Mr. LUGAR. I send the amendment objection, it is so ordered. The PRESIDING OFFICER. Without to the desk. The clerk will call the roll. objection, it is so ordered. The PRESIDING OFFICER. The The assistant legislative clerk pro- The amendment is as follows: clerk will report. ceeded to call the roll. (Purpose: To exclude birds, rats of the genus The assistant legislative clerk read Mr. LUGAR. Mr. President, I ask Rattus, and mice of the genus Mus from as follows: unanimous consent the order for the the definition of animal under the Animal Welfare Act) The Senator from Indiana [Mr. LUGAR], for quorum call be dispensed with. On page 945, strike lines 6 and 7 and insert Mr. GRAMM, proposes amendment numbered The PRESIDING OFFICER. Without 2849 to amendment No. 2471. the following: objection, it is so ordered. SEC. 1024. DEFINITION OF ANIMAL UNDER THE Mr. LUGAR. I ask unanimous con- AMENDMENT NO. 2850 TO AMENDMENT NO. 2471 ANIMAL WELFARE ACT. sent the reading of the amendment be Mr. LUGAR. Mr. President, on behalf Section 2(g) of the Animal Welfare Act (7 dispensed with. of Senator KYL and Senator NICKLES, I U.S.C. 2132(g)) is amended by striking ‘‘ex- The PRESIDING OFFICER. Without send an amendment to the desk. cludes horses not used for research purposes and’’ and inserting the following: ‘‘excludes objection, it is so ordered. The PRESIDING OFFICER. The The amendment is as follows: birds, rats of the genus Rattus, and mice of clerk will report. the genus Mus bred for use in research, (Purpose: To provide equity and fairness for The assistant legislative clerk read horses not used for research purposes, and’’. the promotion of imported Hass avocados) as follows. SEC. 1025. PENALTIES AND FOREIGN COMMERCE At the appropriate place insert the fol- The Senator from Indiana [Mr. LUGAR], for PROVISIONS OF THE ANIMAL WEL- lowing: FARE ACT. Mr. KYL, for himself and Mr. NICKLES, pro- Section 1205 of the Hass Avocado Pro- Mr. HELMS. Mr. President, my motion, Research, and Information Act (con- poses an amendment numbered 2850 to amendment No. 2471. amendment will clarify once and for all tained in H.R. 5426 of the 106th Congress, as any question about rats, mice and birds Mr. LUGAR. I ask unanimous con- introduced on October 6, 2000 and as enacted used for medical research under the by Public Law 106–387) is amended— sent the reading of the amendment be Animal Welfare Act. Approval of this (1) in paragraph (b)(2) by striking subpara- dispensed with. amendment will make sure that none graph (A) and inserting in lieu thereof— The PRESIDING OFFICER. Without N GENERAL of the important work taking place in ‘‘(A) I .—The order shall provide objection, it is so ordered. that the Secretary shall appoint the mem- the medical research community will The amendment is as follows: bers of the Board, and any alternates, from be delayed, made more expensive, or be among domestic producers and importers of At the appropriate place insert the fol- otherwise compromised by regulatory lowing: Hass avocados subject to assessments under shenanigans on the part of the U.S. De- the order to reflect the proportion of domes- SEC. . SENSE OF THE SENATE ON PERMANENT tic production and imports supplying the REPEAL OF ESTATE TAXES. partment of Agriculture. United States market, which shall be based (a) FINDINGS.— Specifically, this amendment will on the Secretary’s determination of the av- (1) The Economic Growth and Tax Relief follow Congressional intent by exclud- erage volume of domestic production of Hass Reconciliation Act of 2001 provided substan- ing rats, mice and birds from the defi- avocados proportionate to the average vol- tial relief from federal estate and gift taxes nition of ‘‘animal’’ under the Animal

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.041 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S617 Welfare Act. This has been the estab- Breast cancer researchers learned re- 772(b) of Public Law 107–76) is amended by in- lished practice of USDA during the cently that laboratory rats that are fed serting after section 141 (7 U.S.C. 7251) the more than 30 years that the Animal high-fiber diets develop significantly following: Welfare Act has been the law of the fewer breast tumors than rats receiv- ‘‘SEC. 142. NATIONAL DAIRY PROGRAM. land during which time scientists and ing little or no fiber. ‘‘(a) DEFINITIONS.—In this section: researchers have developed extensive Asthma researchers recently used ‘‘(1) DAIRY FARM.— protocols based on current regulatory ‘‘(A) IN GENERAL.—The term ‘dairy farm’ transgenic mice to isolate a specific means a dairy farm that is— procedures based on that Act. gene that plays a key role in causing ‘‘(i) located within the United States; So, the medical research community human asthma, and have now devel- ‘‘(ii) permitted under a license issued by was astonished the U.S. Department of oped an animal model to test new asth- State or local agency or the Secretary— Agriculture, weary and browbeat into ma treatments. ‘‘(I) to market milk for human consump- submission by numerous lawsuits and Scientists are aggressively studying tion; or petitions by the so-called ‘‘animal rats to learn more about recovery of ‘‘(II) to process milk into products for rights’’ crowd, gave notice of its intent motor skills after spinal cord injuries, human consumption; and to add rats, mice, and birds under the and are already reporting advances in ‘‘(iii) operated by producers that commer- regulatory umbrella. I hasten to add cially market milk during the payment pe- knowledge about the relationship be- riod. that 90 percent of the mice, rats, and tween motor functions and the nerve birds used in animal research are al- ‘‘(B) EXCLUSION.—The term ‘dairy farm’ cells that send signals to motor neu- does not include a farm that is operated by ready being regulated by the NIH Of- rons. a successor to a producer. fice of Laboratory Animal Welfare and There are dozens of other such exam- ‘‘(2) ELIGIBLE PRODUCTION.—The term ‘eli- the Food and Drug Administration. ples of the medical advances made as a gible production’ means the quantity of milk But that is not enough for the profes- result of animal research, and I feel a that is produced and marketed on a dairy sional activists who delight in creating sense of outrage, personally, that a farm. mischievous controversies like this. ‘‘(3) PAYMENT PERIOD.—The term ‘payment Federal agency would now try to make period’ means— The problem, however, is that their it more difficult to accomplish this im- mischief-making in this case has seri- ‘‘(A) the period beginning on December 1, portant work that will benefit human- ous real-life complications for the life- 2001, and ending on September 30, 2002; and ity. ‘‘(B) each of fiscal years 2003 through 2005. saving research in laboratories all over So, Mr. President, I hope the Senate ‘‘(4) PRODUCER.—The term ‘producer’ America. The paperwork burden alone will resist the extremism of activists means the individual or entity that is the is extraordinary: If USDA is allowed to and deliver a richly deserved rebuke to holder of the license described in paragraph move forward with their new rules, it the methods of these people who are (1)(A)(ii) for the dairy farm. is estimated that the additional report- ‘‘(b) PROGRAM.—The Secretary shall make protesting so mightily. It is time to de- ing requirements and paperwork will payments to producers. finitively settle this matter, to end the cost the researchers up to $280 million ‘‘(c) AMOUNT.—Subject to subsection (h), debate, and to approve the pending annually. payments to producers on a dairy farm under So instead of searching for cures for amendment, thereby allowing sci- this section shall be calculated by breast cancer, cystic fibrosis, heart dis- entists to return to the laboratory multiplying— ‘‘(1) the eligible production during the pay- ease, and diabetes, USDA will force re- without the specter of burdensome new Federal regulations to hamstring their ment period; by searchers out of the laboratory to ‘‘(2) the payment rate. spend their time filling out countless research. Mr. President, I ask for the yeas and ‘‘(d) PAYMENT RATE.— forms for yet another federal regulator. ‘‘(1) IN GENERAL.—Subject to paragraph (2), This unnecessary paperwork will sim- nays on the amendment. the payment rate for a payment under this ply demonstrate what the federal gov- The PRESIDING OFFICER. Is there a subsection shall be equal to $0.315 per hun- ernment already knows: that animal sufficient second? dredweight. researchers already treat research ani- At this time there is not a sufficient ‘‘(2) ADJUSTMENT.—The Secretary may ad- mals in a professional and humane second. just the payment rate under paragraph (1) with respect to the last fiscal year of the manner. Mr. HELMS. Mr. President, thank you very much. I understand that the payment period if the Secretary determines A rodent could do a lot worse than that there are insufficient funds made avail- live out its life span in research facili- request for the yeas and nays will be made in my absence by the managers able under subsection (h) to carry out this ties. I was surprised to learn from the section for that fiscal year. Wall Street Journal that more than 10 of the bill and others. I have been as- ‘‘(e) APPLICATION FOR PAYMENT.—To be eli- times as many rodents are raised and sured, I assume, we will have a rollcall gible for a payment for a payment period sold as food for reptiles than are used vote. under this section, the producers on a dairy by the medical research community. Mr. President, I yield the floor. farm shall submit an application to the Sec- But nobody raises a point about that. I The PRESIDING OFFICER. The Sen- retary in such manner as is prescribed by the Secretary. wonder if anyone in the Chamber has ator from Indiana. ‘‘(f) TIMING OF PAYMENTS.—Payments AMENDMENT NO. 2851 TO AMENDMENT NO. 2471 ever seen a hungry python eat a mouse. under this section shall be made on an an- If you have, then you know it is not a Mr. LUGAR. Mr. President, on behalf nual basis. pretty picture for the mouse. Isn’t it of Senator DOMENICI, I send an amend- ‘‘(g) ADJUSTMENTS.—The Secretary may far better for the mouse to be fed and ment to the desk. provide for the adjustment of eligible pro- watered in a clean laboratory than to The PRESIDING OFFICER. The duction of a dairy farm under this section if end up as a tiny bulge being digested clerk will report the amendment. the production of milk on the dairy farm has inside an enormous snake? The assistant legislative clerk read been adversely affected by (as determined by I suspect Mrs. Helms would have a as follows: the Secretary)— ‘‘(1) damaging weather or a related condi- word or two for me if I forgot to phone The Senator from Indiana [Mr. LUGAR], for tion; Mr. DOMENICI, proposes an amendment num- the exterminator upon finding evidence ‘‘(2) a criminal act of a person other than bered 2851 to amendment No. 2471. that a mouse has taken up residence in the producers on the dairy farm; or our basement. Alas, extermination re- Mr. LUGAR. Mr. President, I ask ‘‘(3) any other act or event beyond the con- mains the fate every year of hundreds unanimous consent reading of the trol of the producers on the dairy farm. of thousands of rodents that have not amendment be dispensed with. ‘‘(h) FUNDING.—The Secretary shall use not found the relative safety of a research The PRESIDING OFFICER. Without more than $2,000,000,000 of funds of the Com- laboratory. objection, it is so ordered. modity Credit Corporation to carry out this It is anything but a joking matter The amendment is as follows: section.’’. when regulatory heavy-handedness pre- (Purpose: To require the Secretary of Mr. LUGAR. Mr. President, Senator vents researchers who are working dili- Agriculture to make payments to producers) DOMENICI proposes a different formula gently to find cures for deadly diseases. Strike section 132 and insert the following: for dairy payments. I will discuss the Consider the following recent medical SEC. 132. NATIONAL DAIRY PROGRAM. issue for a few minutes before laying discoveries in which humane animal The Federal Agriculture Improvement and the amendment aside for further de- research has played a role: Reform Act of 1996 (as amended by section bate.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.038 pfrm02 PsN: S12PT1 S618 CONGRESSIONAL RECORD — SENATE February 12, 2002 Some in the Senate have decided to On behalf of Senator DOMENICI, I urge referendum conducted by the Secretary, all provide $2 billion in payments to dairy my colleagues to carefully consider the peanuts stored commingled with peanuts farmers over the next 5 years. However, ramifications for dairy farmers in their covered by a marketing assistance loan in there is considerable disparity in the States and to vote in favor of the the State shall be graded and exchanged on a dollar value basis, unless the Secretary de- way these payments will be distributed Domenici amendment. termines that the beneficial interest in the under the Daschle substitute. Mr. President, I yield the floor and peanuts covered by the marketing assistance The Daschle substitute establishes suggest the absence of a quorum. loan have been transferred to other parties different payment rates, different tar- The PRESIDING OFFICER. The prior to demand for delivery. get prices, and different payments for a clerk will call the roll. Mr. MILLER. Mr. President, I ask handful of States. The assistant legislative clerk pro- unanimous consent that Senator The Daschle substitute would provide ceeded to call the roll. HELMS be added as a cosponsor of this 25 percent of the producer payments to Mr. MILLER. Mr. President, I ask amendment. producers in States that account for unanimous consent the order for the The PRESIDING OFFICER. Without only 18 percent of our Nation’s milk. quorum call be rescinded. objection, the cosponsor will be added. There is no sound policy reason for The PRESIDING OFFICER. Without Mr. MILLER. Thank you, Mr. Presi- this disparity. objection, it is so ordered. dent. Senator DOMENICI has asked that we AMENDMENT NO. 2832, AS MODIFIED, TO Mr. President, this is an amendment look specifically at New Mexico. Under AMENDMENT NO. 2471 that we believe will help ease the tran- the current proposal, New Mexico Mr. MILLER. Mr. President, I lay an sition from the peanut quota system to would average about 6 cents per hun- amendment on the desk with modifica- the new market-oriented program. dredweight on milk, while producers in tion. This amendment would increase the Maine would average almost 90 cents. The PRESIDING OFFICER. The compensation for quota holders from 10 A 1,000-cow herd in New Mexico clerk will report the amendment. cents per pound to 11 cents per pound. would receive from zero, in a low mar- The assistant legislative clerk read This amendment that we offer ket scenario, to $22,000. If this same as follows: today—the Cleland-Miller-Helms farm were located in New York, for ex- The Senator from Georgia [Mr. MILLER], amendment—will go a long way to help ample, these numbers could be far for himself and Mr. CLELAND, proposes an citizens in more than 15 States make higher. amendment numbered 2832, as modified, to the transition to the new peanut pro- Dairy farmers work in a national amendment No. 2471. gram. market. Dairy farmers not only sell The amendment, as modified, is as I may be back later, Mr. President, if products nationally, but they buy sup- follows: further debate is needed on this amend- plies and services nationally. (Purpose: To modify the sections providing ment. Dairy farmers from all over the coun- marketing assistance loans and quality im- I thank the Chair. The PRESIDING OFFICER. The Sen- try go to an auction in Indiana to buy provement for peanuts) On page 112, after line 25, insert the fol- ator from North Dakota. heifers for their herds. Under the pend- Mr. CONRAD. Mr. President, I ap- ing bill, a farmer from Pennsylvania lowing: ‘‘(6) LOAN SERVICING AGENT.—If approved by plaud the Senators from Georgia for will be able to pay more for heifers their advocacy on behalf of some of the than a farmer from Indiana because of a majority of historical peanut producers in a State voting in a referendum conducted by people who sent them here: those who the Federal Government has given the the Secretary, as a condition of the Sec- are growers of peanuts. I tell you, the Pennsylvania farmer a financial advan- retary’s approval of an entity to serve as a two Senators from Georgia—Senator tage in this transaction. loan servicing agent or to handle or store CLELAND and Senator MILLER—have Senator DOMENICI proposes that we peanuts for producers that receive any mar- been very determined advocates on be- distribute this $2 billion in an equi- keting loan benefits in the State, the entity half of the farmers they represent. table manner under a program that is shall agree to provide adequate storage (if available) and handling of peanuts at the I just hope the people back home re- national in scope. Under his amend- alize how much energy and effort the ment, every dairy producer, regardless commercial rate to other approved loan serv- icing agents and marketing associations. two Senators have expended to secure of where they milk, is treated the what is needed to help their people. same. On page 116, strike lines 6 through 15 and insert the following: Senator MILLER, who is a very re- Under his proposal, producers in 36 ‘‘(h) AREA MARKETING ASSOCIATION spected member of the Senate Agri- States will receive more than what COSTS.—If approved by a majority of histor- culture Committee, and Senator they would receive under the Daschle ical peanut producers in a State voting in a CLELAND, who had a distinguished substitute. referendum conducted by the Secretary, the record of service in Washington before The amendment is relatively simple. Secretary shall include in a marketing as- he ever came to the Senate and is re- It would provide producers with one sistance loan made to an area marketing as- sociation in a marketing area in the State, spected on both sides of the aisle, have annual payment over the next 5 years. made very clear how important this is Defining a target price and payment at the option of the marketing association, such costs as the area marketing association to their constituents. rate would also be difficult under the may reasonably incur in carrying out the re- I salute them for their vigorous ef- Daschle procedures. Prices are an- sponsibilities, operations, and activities of forts. nounced for different classes for dif- the association and Commodity Credit Cor- Mr. President, I rose to speak on an- ferent regions using different tests. poration under this section. other matter, and that is the funda- To simplify payments, the Domenici ‘‘(i) DEFINITION OF COMMINGLE.—In this sec- mental challenge we face with this amendment proposes to level out the tion and section 158H, the term ‘commingle’, farm bill. payment with one rate, paid annually with respect to peanuts, means— I see in the press repeated indications on all of a producer’s milk. Estimates ‘‘(1) the mixing of peanuts produced on dif- ferent farms by the same or different pro- that farm assistance is no longer need- show 31.5 cents would cover all of the ducers; or ed. Nothing could be further from the milk nationwide. The $2 billion cap ‘‘(2) the mixing of peanuts pledged for mar- truth. would force the Secretary to adjust in keting assistance loans with peanuts that What these media critics seem to fail the final year to make sure the amount are not pledged for marketing assistance to realize is that our people are faced is not exceeded. loans, to facilitate storage. with major competition in the world. A fixed payment is not only more ‘‘SEC. 158H. QUALITY IMPROVEMENT. Our major competitors are the Euro- cost effective to administer, but it will ‘‘(a) OFFICIAL INSPECTION.— peans. They are providing over $300 an provide predictability in a volatile ‘‘(1) IN GENERAL.—All peanuts placed under acre of support per year to their pro- price market. Producers will be able to a marketing assistance loan under section ducers. We provide $38. We are being plan. If it is already a ‘‘good year,’’ 158G or otherwise sold or marketed shall be outgunned nearly 10 to 1. On export officially inspected and graded by a Federal producers can set the payment aside or State inspector. support, the Europeans account for 84 for future years that may not be so ‘‘(2) ACCOUNTING FOR COMMINGLED PEA- percent of all the world’s export sub- good or pay down debt to better weath- NUTS.—If approved by a majority of histor- sidy; we account for 3 percent. They er future economic storms. ical peanut producers in a State voting in a are outgunning us nearly 30 to 1.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.033 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S619 The fundamental question before this ments under the order would be vol- the Magnuson-Stevens Fishery Conservation country is whether or not we are going untary, not mandatory—individual and Management Act (16 U.S.C. 1861a(b)); and to fight for our people, whether or not farmers will have the flexibility to opt- (2) permanently revokes multispecies lim- ited access fishing permits so as to obtain we are going to give them a fair, fight- in or opt-out of this research and pro- the maximum sustained reduction in fishing ing chance. motion program. capability at the least cost and in the min- I thank the Chair. To avoid double taxation, producers imum period of time and to prevent the re- The PRESIDING OFFICER. The hour who choose to contribute to the or- placement of fishing capacity removed by of 2:50 having arrived, debate on the ganic order would be entitled to a cred- the program. current amendment is suspended to it against assessments under another (c) APPLICATION OF INTERIM FINAL RULE.— allow other amendments to be called order—which is similar to the credit The program shall be carried out in accord- up. producers are entitled to under exist- ance with the Interim Final Rule under part The Senator from Vermont. ing checkoff programs if they con- 648 of title 50, Code of Federal Regulations, or any corresponding regulation or rule pro- AMENDMENT NO. 2834 TO AMENDMENT NO. 2471 tribute to a state or regional order cov- mulgated thereunder. Mr. LEAHY. Mr. President, I ask ering the same commodity. (d) SUNSET.—The authority provided by that it be in order to offer amendment Additional provisions in the amend- subsection (a) shall terminate 1 year after No. 2834 which I believe is at the desk. ment address concerns raised about ex- the date of enactment of this Act and no The PRESIDING OFFICER (Mr. MIL- isting checkoff programs—representa- amount may be made available under this LER). The clerk will report. tives on the board must reflect both section thereafter. The assistant legislative clerk read the regional distribution and differing AMENDMENT NO. 2853 TO AMENDMENT NO. 2471 as follows: scales of organic production and, at Mr. HARKIN. Mr. President, I send to The Senator from Vermont [Mr. LEAHY] least once every four years, a ref- the desk an amendment to S. 1731 on proposes an amendment numbered 2834 to erendum on the continuance of the my own behalf. amendment No. 2471. order must be held. The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I ask I urge my colleagues to vote in favor objection, the pending amendment is unanimous consent that reading of the of this amendment, which simply gives laid aside, and the clerk will report. amendment be dispensed with. organic farmers the opportunity to The assistant legislative clerk read The PRESIDING OFFICER. Without choose how their research and pro- as follows: objection, it is so ordered. motion dollars are spent. The Senator from Iowa [Mr. HARKIN] pro- (The text of the amendment is print- The PRESIDING OFFICER. The Sen- poses an amendment numbered 2853 to ed in today’s RECORD under ‘‘Amend- ator from Iowa. amendment No. 2471. ments Submitted.’’) Mr. HARKIN. Mr. President, what is Mr. HARKIN. Mr. President, I ask Mr. LEAHY. Mr. President, I rise the pending amendment? unanimous consent that reading of the today to offer an amendment to au- The PRESIDING OFFICER. The amendment be dispensed with. thorize the establishment of a new vol- Leahy amendment. The PRESIDING OFFICER. Without untary organic research and promotion AMENDMENT NO. 2852 TO AMENDMENT NO. 2471 objection, it is so ordered. program. Just over a year ago we final- Mr. HARKIN. Mr. President, I ask The amendment is as follows: ized the National Organic Program unanimous consent that that amend- (Purpose: To modify the limits on the types Rule. As this rule is implemented, it ment be set aside so I may offer two of communities in which Rural Business will provide assurance to the American other amendments. The first amend- Investment Companies may invest) public that the organic food they buy ment I send to the desk on behalf of At the appropriate place, add the fol- is subject to strict and consistent regu- Senator KERRY and Senator SNOWE. lowing: The PRESIDING OFFICER. Without Amend Section 602 by adding after the lation. In addition, this rule will assist word ‘‘concern’’ at the end of subsection organic producers who want to export objection, the clerk will report. The assistant legislative clerk read 384I(c)(3)(C) the words ‘‘and not more than 10 their products and will ensure that im- percent of the investments shall be made in ported organic agricultural commod- as follows: an area containing a city of over 100,000 in ities meet standards on par with those The Senator from Iowa [Mr. HARKIN], for the last decennial Census and the Census Bu- of the United States. Mr. KERRY, for himself and Ms. SNOWE, pro- reau defined urbanized area containing or ad- In the decade that this rule was poses an amendment numbered 2852 to jacent to that city’’. amendment No. 2471. under development, the organic indus- Mr. HARKIN. As I understand the try has experienced tremendous growth Mr. HARKIN. Mr. President, I ask floor situation—I will consult with my rates of more than 20 percent annu- unanimous consent that reading of the ranking member—with the hour of 3 ally—it was estimated that in 2001 amendment be dispensed with. rapidly approaching, under the unani- sales topped $9 billion. The PRESIDING OFFICER. Without mous consent agreement previously en- As this industry continues to de- objection, it is so ordered. tered into, all amendments to the The amendment is as follows: velop, it is important to adapt existing pending S. 1731 have to be offered prior programs to support and enhance or- (Purpose: To provide emergency disaster as- to 3 o’clock this afternoon. sistance for the commercial fishery failure ganic agriculture, as well as provide with respect to Northeast multispecies Mr. LEAHY. I respond to my col- equitable benefits to organic pro- fisheries) league that that is our understanding. ducers. Currently, organic farmers are At the appropriate place, insert the fol- Hopefully, this colloquy will serve as required to pay into existing manda- lowing: an announcement to all of our col- tory research and promotion programs SEC. . COMMERCIAL FISHERIES FAILURE. leagues who may be listening to the de- for various commodities. Many organic (a) IN GENERAL.—In addition to amounts bate, wherever they may be, that they farmers object to this because they be- appropriated or otherwise made available by should proceed rapidly to the floor. lieve insufficient checkoff program this Act, there are appropriated to the De- Three o’clock is the cutoff time for the funds are devoted to promoting or as- partment of Agriculture $10,000,000 for fiscal introduction of amendments. On our sisting in the development of organic year 2002, which shall be transferred to the side of the aisle, we have attempted to Commodity Credit Corporation to provide, in make that known in many ways. I am agriculture. While they would prefer to consultation with the Secretary of Com- be exempt from those assessments en- merce, emergency disaster assistance for the hopeful that at least no one will be tirely, my amendment offers a viable commercial fishery failure under section under any other illusion. At 3, we will and fair alternative. 308(b)(1) of the Interjurisdictional Fisheries have an opportunity to survey the My amendment authorizes a new vol- Act of 1986 (16 U.S.C. 4107(b)(1) with respect amendments that have in fact been untary organic research and promotion to Northeast multispecies fisheries. placed before us to try to determine, as checkoff program, which will only be (b) PROGRAM REQUIREMENTS.—Amounts I understand, either time agreements established if it is proposed and ap- made available under this section shall be or the ability to accept on both sides of used to support a voluntary fishing capacity proved by a majority of certified or- reduction program in the Northeast multi- the aisle some of these amendments. ganic producers and handlers. species fishery that— I see, having said that, the distin- What distinguishes this from existing (1) is certified by the Secretary of Com- guished Senator from Oklahoma has checkoff programs is that any assess- merce to be consistent with section 312(b) of arrived just in time.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.048 pfrm02 PsN: S12PT1 S620 CONGRESSIONAL RECORD — SENATE February 12, 2002 I yield the floor and suggest the ab- Mr. CLELAND. Very well. beled or advertised as containing, bear viscera. sence of a quorum. AMENDMENT NO. 2854 TO AMENDMENT NO. 2471 The PRESIDING OFFICER. The (d) DEFINITIONS.—In this section: Mr. LUGAR. Mr. President, on behalf (1) BEAR VISCERA.—The term ‘‘bear clerk will call the roll. of Senator MCCONNELL, I send an viscera’’ means the body fluids or internal The legislative clerk proceeded to amendment to the desk. organs, including the gallbladder and its con- call the roll. The PRESIDING OFFICER. Without tents but not including the blood or brains, Mr. CLELAND. Mr. President, I ask objection, the clerk will report. of a species of bear. unanimous consent that the order for The legislative clerk read as follows: (2) CITES.—The term ‘‘CITES’’ means the the quorum call be rescinded. Convention on International Trade in Endan- The PRESIDING OFFICER. Without The Senator from Indiana [Mr. LUGAR], for gered Species of Wild Fauna and Flora (27 Mr. MCCONNELL, proposes an amendment UST 1087; TIAS 8249). objection, it is so ordered. numbered 2854 to amendment No. 2471. Mr. INHOFE. Mr. President, will the (3) IMPORT.—The term ‘‘import’’ means to Senator yield for a moment? Mr. LUGAR. Mr. President, I ask land on, bring into, or introduce into any place subject to the jurisdiction of the Mr. CLELAND. I am glad to yield. unanimous consent that reading of the amendment be dispensed with. United States, regardless of whether the Mr. INHOFE. I only have 3 minutes landing, bringing, or introduction con- to get under the deadline to offer an The PRESIDING OFFICER. Without stitutes an importation within the meaning amendment. objection, it is so ordered. of the customs laws of the United States. The PRESIDING OFFICER. The Sen- The amendment is as follows: (4) PERSON.—The term ‘‘person’’ means— ator from Oklahoma. (Purpose: To conserve global bear popu- (A) an individual, corporation, partnership, AMENDMENT NO. 2825 TO AMENDMENT NO. 2471 lations by prohibiting the importation, ex- trust, association, or other private entity; Mr. INHOFE. Mr. President, I call up portation, and interstate trade of bear (B) an officer, employee, agent, depart- ment, or instrumentality of— amendment No. 2825 to S. 1731 and ask viscera and items, products, or substances containing, or labeled or advertised as con- (i) the Federal Government; for its immediate consideration. taining, bear viscera, and for other pur- (ii) any State or political subdivision of a The PRESIDING OFFICER. Without poses) State; or objection, it is so ordered. On page 984, line 2, strike the period at the (iii) any foreign government; and (C) any other entity subject to the jurisdic- Mr. INHOFE. Mr. President, let me end and insert a period and the following: explain the amendment very briefly. I tion of the United States. SEC. 10ll. BEAR PROTECTION. apologize to the Senator from Georgia. (5) SECRETARY.—The term ‘‘Secretary’’ (a) SHORT TITLE.—This section may be means the Secretary of the Interior. All this does is take the peanut pro- cited as the ‘‘Bear Protection Act of 2002’’. gram, which is a dramatically changed (6) STATE.—The term ‘‘State’’ means a (b) FINDINGS.—Congress finds that— State, the District of Columbia, the Com- program, and delay its implementation (1) all 8 extant species of bear—Asian black monwealth of Puerto Rico, the Virgin Is- for a period of 1 year. Here is the prob- bear, brown bear, polar bear, American black lands, Guam, the Commonwealth of the lem we have. If we don’t do that, we bear, spectacled bear, giant panda, sun bear, Northern Mariana Islands, American Samoa, will have the farmers not knowing, and sloth bear—are listed on Appendix I or II and any other territory, commonwealth, or when they go to the bank, what kind of of the Convention on International Trade in possession of the United States. program is going to be adopted right in Endangered Species of Wild Fauna and Flora (7) TRANSPORT.—The term ‘‘transport’’ (27 UST 1087; TIAS 8249); the middle of their planting season. By means to move, convey, carry, or ship by any (2)(A) Article XIV of CITES provides that means, or to deliver or receive for the pur- doing this, I am sure you will be ac- Parties to CITES may adopt stricter domes- pose of movement, conveyance, carriage, or commodating the farmers as well as tic measures regarding the conditions for shipment. saving some money in this particular trade, taking, possession, or transport of spe- (e) PROHIBITED ACTS.— year on this bill. cies listed on Appendix I or II; and (1) IN GENERAL.—Except as provided in The PRESIDING OFFICER. The (B) the Parties to CITES adopted a resolu- paragraph (2), a person shall not— clerk will report. tion in 1997 (Conf. 10.8) urging the Parties to (A) import into, or export from, the United The legislative clerk read as follows: take immediate action to demonstrably re- States bear viscera or any product, item, or duce the illegal trade in bear parts; substance containing, or labeled or adver- The Senator from Oklahoma [Mr. INHOFE] (3)(A) thousands of bears in Asia are cru- tised as containing, bear viscera; or proposes an amendment numbered 2825 to elly confined in small cages to be milked for (B) sell or barter, offer to sell or barter, amendment No. 2471. their bile; and purchase, possess, transport, deliver, or re- Mr. INHOFE. Mr. President, I ask (B) the wild Asian bear population has de- ceive, in interstate or foreign commerce, unanimous consent that reading of the clined significantly in recent years as a re- bear viscera or any product, item, or sub- amendment be dispensed with. sult of habitat loss and poaching due to a stance containing, or labeled or advertised as The PRESIDING OFFICER. Without strong demand for bear viscera used in tradi- containing, bear viscera. objection, it is so ordered. tional medicines and cosmetics; (2) EXCEPTION FOR WILDLIFE LAW ENFORCE- The amendment is as follows: (4) Federal and State undercover oper- MENT PURPOSES.—A person described in sub- ations have revealed that American bears (Purpose: To require the Secretary of Agri- section (d)(4)(B) may import into, or export have been poached for their viscera; culture to provide marketing assistance from, the United States, or transport be- (5) while most American black bear popu- loans and loan deficiency payments for tween States, bear viscera or any product, lations are generally stable or increasing, each of the 2003 through 2007 crop of pea- item, or substance containing, or labeled or commercial trade could stimulate poaching nuts) advertised as containing, bear viscera if the and threaten certain populations if the de- importation, exportation, or On page 111, lines 14 and 15, strike ‘‘2002 mand for bear viscera increases; and transportation— through 2006’’ and insert ‘‘2003 through 2007’’. (6) prohibitions against the importation (A) is solely for the purpose of enforcing The PRESIDING OFFICER. The Sen- into the United States and exportation from laws relating to the protection of wildlife; ator from Georgia. the United States, as well as prohibitions and Mr. CLELAND. If I may continue, I against the interstate trade, of bear viscera (B) is authorized by a valid permit issued would like to recognize the hard work and products containing, or labeled or adver- under Appendix I or II of CITES, in any case of my colleague, Senator MILLER, for tised as containing, bear viscera will assist in which such a permit is required under his amazing transition to an agri- in ensuring that the United States does not CITES. contribute to the decline of any bear popu- (f) PENALTIES AND ENFORCEMENT.— culture policy wizard in less than 2 lation as a result of the commercial trade in (1) CRIMINAL PENALTIES.—A person that years. His hard work in the Agriculture bear viscera. knowingly violates subsection (e) shall be Committee on this farm bill is a testa- (c) PURPOSE.—The purpose of this section fined under title 18, United States Code, im- ment to his dedication to Georgia. is to ensure the long-term viability of the prisoned not more than 1 year, or both. The PRESIDING OFFICER. The Sen- world’s 8 bear species by— (2) CIVIL PENALTIES.— ator from Indiana. (1) prohibiting interstate and international (A) AMOUNT.—A person that knowingly vio- Mr. LUGAR. Mr. President, I have trade in bear viscera and products con- lates subsection (e) may be assessed a civil need to interrupt the distinguished taining, or labeled or advertised as con- penalty by the Secretary of not more than Senator. We are under this limit in this taining, bear viscera; $25,000 for each violation. (2) encouraging bilateral and multilateral (B) MANNER OF ASSESSMENT AND COLLEC- final 10 minutes to offer amendments. efforts to eliminate such trade; and TION.—A civil penalty under this paragraph If I may have his forbearance, I would (3) ensuring that adequate Federal legisla- shall be assessed, and may be collected, in like to offer an amendment at this tion exists with respect to domestic trade in the manner in which a civil penalty under point. bear viscera and products containing, or la- the Endangered Species Act of 1973 may be

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.051 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S621 assessed and collected under section 11(a) of The proposed peanut program that (Purpose: To ensure that the water conserva- that Act (16 U.S.C. 1540(a)). originated in the House, bases the new tion program is implemented in accord- (3) SEIZURE AND FORFEITURE.—Any bear program on acres determined by pea- ance with all applicable laws) viscera or any product, item, or substance nut producers, rather than by the On page 8, line 19, insert the following: imported, exported, sold, bartered, at- landowning quota-holders. This shift in ‘‘(12) IMPLEMENTATION.—In carrying out tempted to be imported, exported, sold, or the program, the Secretary shall— bartered, offered for sale or barter, pur- the peanut program, from the land- ‘‘(A) ensure, to the maximum extent prac- chased, possessed, transported, delivered, or owner to the producer, has caused a ticable, that the program does not under- received in violation of this subsection (in- split among neighbors in south Georgia mine the implementation of any law in ef- cluding any regulation issued under this sub- not seen in many years. Despite this fect as of the date of enactment of this chap- section) shall be seized and forfeited to the split, I think we should make note of a ter that concerns the transfer or acquisition United States. fact that Senator MILLER has men- of water or water rights on a permanent (4) REGULATIONS.—After consultation with tioned more than once on this floor: basis; the Secretary of the Treasury and the United ‘‘(B) implement the program in accordance States Trade Representative, the Secretary The anti-peanut program forces have with the purposes of such laws described in shall issue such regulations as are necessary not been out in force this year. You subparagraph (A) as are applicable; and to carry out this subsection. may know that in 1996, the peanut pro- ‘‘(C) comply with— (5) ENFORCEMENT.—The Secretary, the Sec- gram survived in the Senate by only ‘‘(i) all interstate compacts, court decrees, retary of the Treasury, and the Secretary of three votes. and Federal or State laws (including regula- the department in which the Coast Guard is I have concerns about small quota- tions) that may affect water or water rights; and operating shall enforce this subsection in the owners, such as widows, veterans, and manner in which the Secretaries carry out ‘‘(ii) all procedural and substantive State enforcement activities under section 11(e) of minority farmers who depend on water law. the Endangered Species Act of 1973 (16 U.S.C. quotas for their income. They should On page 8, line 19, strike ‘‘(12)’’ and insert 1540(e)). not be forgotten in the rush for a new ‘‘(13)’’. (6) USE OF PENALTY AMOUNTS.—Amounts re- farm bill. For that reason, I offer this On page 9, line 16, strike ‘‘(13)’’ and insert ‘‘(14)’’. ceived as penalties, fines, or forfeiture of amendment with Senator MILLER to in- property under this subsection shall be used On page 17, line 20, insert the following: crease the quota buyout to 12 cents a ‘‘(1) IN GENERAL.—Nothing in this section— in accordance with section 6(d) of the Lacey pound, each year, for 5 years. This is up On page 17, line 21, strike ‘‘(1)’’ and insert Act Amendments of 1981 (16 U.S.C. 3375(d)). from the House buyout of 10 cents per ‘‘(A)’’. (g) DISCUSSIONS CONCERNING BEAR CON- On page 17, line 22, strike ‘‘(2)’’ and insert SERVATION AND THE BEAR PARTS TRADE.—In pound and will help ease the transition ‘‘(B)’’. order to seek to establish coordinated efforts for thousands of retired peanut farmers who invested in peanut quota as, in ef- On page 18, line 1, strike ‘‘(3)’’ and insert with other countries to protect bears, the ‘‘(C)’’. Secretary shall continue discussions con- fect, their pension plan. On page 18, line 5, strike ‘‘(4)’’ and insert cerning trade in bear viscera with— I will work to keep the Senate level ‘‘(D)’’. (1) the appropriate representatives of Par- of support for producers which is $400 On page 18, line 7, insert the following: ties to CITES; and million over the House bill for mar- ‘‘(2) IMPLEMENTATION.—In carrying out the (2) the appropriate representatives of coun- keting loan rates and countercyclical program, the Secretary shall— tries that are not parties to CITES and that ‘‘(A) ensure, to the maximum extent prac- are determined by the Secretary and the payments. Also, the Senate farm bill ticable, that the program does not under- United States Trade Representative to be contains language that I have spon- mine the implementation of any law in ef- the leading importers, exporters, or con- sored for years to label the country-of- fect as of the date of enactment of this chap- sumers of bear viscera. origin for peanuts. Because consumers ter that concerns the transfer or acquisition (h) CERTAIN RIGHTS NOT AFFECTED.—Ex- should know where their peanuts are of water or water rights on a permanent cept as provided in subsection (e), nothing in grown. basis; this section affects— All in all I believe we will pass a ‘‘(B) implement the program in accordance (1) the regulation by any State of the bear with the purposes of such laws described in population of the State; or strong farm bill that makes sense and subparagraph (A) as are applicable; and (2) any hunting of bears that is lawful substantial progress in meeting the ‘‘(C) comply with— under applicable State law (including regula- needs of family farmers and our rural ‘‘(i) all interstate compacts, court decrees, tions). communities. and Federal or State laws (including regula- Mr. LEAHY. Mr. President, I ask I yield the floor. tions) that may affect water or water rights; unanimous consent the amendment be and Mr. REID. Mr. President, I have spo- ‘‘(ii) all procedural and substantive State laid aside. ken to both Senator LUGAR and Sen- water law. The PRESIDING OFFICER. Without ator HARKIN, the two managers of the Mr. HARKIN. Reserving the right to objection, it is ordered. bill. It has been cleared. I ask unani- object, Mr. President, I will not object, The Senator from Georgia. mous consent that at 3:05 p.m. today, but there comes a point where we say 3 AMENDMENT NO. 2832 the Senate resume consideration of the p.m.—well, is it 3 p.m. or 3:02 or 3:05? I Mr. CLELAND. Mr. President, I am Feinstein amendment No. 2829; that hope we don’t have a rush of amend- fortunate to hold the seat of one of this the time until 3:35, a half hour, be ments on either side coming in. Chamber’s giants, Senator Richard B. equally divided and controlled by Sen- Mr. LUGAR. Mr. President, I appre- Russell. Senator Russell understood ators FEINSTEIN and BREAUX, or their ciate the comment of my colleague. He the importance of strong agriculture designees; that at 3:35, Senator BREAUX is correct, obviously. I hope there may policy and he once observed: ‘‘when we be recognized to offer a motion to be some dispensation in that this re- strengthen American agriculture, we table, and that no second-degree quest arrived a few seconds after the 3 strengthen America.’’ The failure of amendment be in order prior to the p.m. time. We have been attempting to the Senate to complete a farm bill in vote in relation to the amendment. accommodate Senators. 2001 was very disappointment to me. The PRESIDING OFFICER (Mr. I ask unanimous consent that the But the good news is that I believe we CORZINE). Without objection, it is so or- Kyl amendment be laid aside. will pass a strong farm bill this week. dered. The PRESIDING OFFICER. Without One of the hottest issues in the farm AMENDMENT NO. 2855 TO AMENDMENT NO. 2842 objection, it is so ordered. bill for Georgia is the change in the Mr. LUGAR. Mr. President, on behalf Mr. LUGAR. Mr. President, I suggest current peanut program. Because there of Senator KYL, I send an amendment the absence of a quorum. are not enough votes to sustain the to the desk. The PRESIDING OFFICER. The quota program in Congress and because clerk will call the roll. The PRESIDING OFFICER. The trade agreements have weakened The legislative clerk proceeded to clerk will report. quotas, I reluctantly agree with my call the roll. colleagues that the system will be The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- changed. The Senator from Indiana [Mr. LUGAR], for imous consent that the order for the I visited south Georgia this past Mr. KYL, proposes an amendment numbered quorum call be rescinded. weekend where the debate over the 2855. The PRESIDING OFFICER. Without ending the quota program is big news. The amendment is as follows: objection, it is so ordered.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.040 pfrm02 PsN: S12PT1 S622 CONGRESSIONAL RECORD — SENATE February 12, 2002 Mr. REID. Mr. President, because of amendment that Sen. Dianne Feinstein will Awhile ago, we asked GAO to take a some confusion, I ask unanimous con- offer to ensure that when the United States look at the sugar program. The GAO sent that Senator FEINSTEIN’s time announces an import quota for sugar, we ac- came up with exactly what we are pro- start at 3:10 instead of 3:05. tually import all that quota. posing today. Let me read a couple of The PRESIDING OFFICER. Without Each year, a few countries fail to fully uti- lize, or fill, their quotas to sell sugar to the things. Some of the 40 designated coun- objection, it is so ordered. United States. Generally, these amounts go tries have been provided an export allo- Mr. REID. It will go until 3:40. She unused: Because of the highly restrictive im- cation when they no longer export gets 15 minutes and Senator BREAUX port policy that the United States maintains sugar. According to the GAO, on aver- gets 15 minutes. for sugar, other sugar-producing countries age, from 1993 to 1998, 10 out of the 40 AMENDMENT NO. 2829 have no opportunity to satisfy the unmet countries were net importers of sugar. Mrs. FEINSTEIN. I thank Senator market need represented by the unfilled These countries are not exporting REID, and I thank Senators HARKIN and quota. The Feinstein amendment will re- sugar because clearly they are import- quire that by June 1 each year, any unused LUGAR as well. ing sugar. On Friday, I offered an amendment quota be reallocated among qualified sup- plying countries on a first-come, first-served Some countries have similar alloca- to the sugar program, which really is a basis. tions under the quota despite dramati- minor amendment, with one exception. This amendment does not increase import cally different levels of sugar exports. It seems anything that has anything to quotas. It merely says that when we an- For example, Brazil and the Phil- do with the sugar program is frozen nounce an import quota, we will allow the ippines are both allowed to export and can’t be changed. As I noted 6 full amount of that quota to be imported. around 14 percent of the total quota, This amendment honors our multilateral years ago when I came here, the sugar but Brazil exports 21 times more sugar program works to the great detriment trade commitments by allowing the full im- port quota to enter the United States. By than the Philippines worldwide. of America’s domestic sugar refineries. In my view, it is unacceptable that The largest of those domestic sugar setting an example of more efficient and transparent TRQ administration, the amend- sugar quota allocations have not been refineries happens to be in California. ment advances explicit trade policy goals of revised for two decades, despite dra- It is C&H Sugar. C&H got most of its the United States. Please support and vote matic changes in the ability of many sugar from Hawaii, and they used to for the Feinstein amendment. countries to produce and export sugar. have ads as I grew up: C&H pure cane Sincerely, Is there a way to update the sugar ex- sugar from Hawaii. It is a plant that LAWRENCE T. GRAHAM, port amounts allowed into the United Steering Committee Coordinator. can employ about 1,300 people. It can States without adversely impacting do- refine about 800,000 pounds of sugar. It COUNCIL FOR CITIZENS mestic growers? I believe there is, and is a union plant. It is the only source of the amendment I have offered would employment, the major source of em- AGAINST GOVERNMENT WASTE, Washington, DC, February 11, 2002. provide this change. ployment, in a small town in the East Hon. DIANNE FEINSTEIN, Incidentally, I would like the RECORD Bay known as Crockett. You drive over U.S. Senate, to reflect that Senator GREGG is a co- the Carquinez Bridge and you see this Washington, DC sponsor of this amendment, if I may. big old plant, and that is from where DEAR SENATOR FEINSTEIN: On behalf of the The United States has imported on this wonderful sugar comes. more than one million members and sup- average, as I said, about 3 percent less The problem has been, year after porters of the Council for Citizens Against sugar than the quota allowed from 1996 year, C&H cannot buy enough sugar to Government Waste (CCAGW), I am writing through 1998 because some countries refine. Why? Because the allotments in to inform you of our support for your amend- ment to S. 1731, the Farm Bill, which would did not fill their allocations. the sugar program were more than two Now the question was asked in the decades ago. They do not adequately ensure that when the United States an- nounces an import quota for sugar, all of caucus today by the distinguished Sen- reflect who is buying and who is selling that quota will actually be imported. ator from Louisiana, What would hap- sugar at the time. When countries fail to fully utilize their pen to price if this amendment were The amendment I have offered would quotas to sell sugar to the United States, passed? simply reallocate the unfilled portion those quotas usually end up being unused. Let me again quote the GAO: of a country’s quota when that country Other sugar-producing countries have no op- does not fulfill its quota. That is all it portunity to satisfy the unmet market need USTR’s current process for allocating the represented by the unfilled quota, as a result sugar tariff-rate quota does not ensure that does. This is less than 3 percent of the all of the sugar allowed under the quota sugar. About 3 percent of the sugar on of the highly restricted import policy that the United States maintains for sugar. reaches the U.S. market. the world market that is provided for It is our understanding that your amend- The current allocation has resulted in in the allocation quota does not get al- ment will require that by June 1 of each fewer sugar imports than allowed under the located. So on a first-come-first-served year, any unused quota be reallocated among tariff-rate quota. From 1996 through 1998, US basis, a company that wanted to buy qualified supplying countries on a first-come raw sugar imports averaged about 75,000 tons sugar would be able to because the un- first-served basis. While we also understand less annually than the amount USDA al- that your amendment does not increase im- lowed USTR to allocate under the tariff-rate used allocation of one country would quota. go to another country that is exporting port quotas, it will at least ensure that the sugar, and on a first-come-first-served full amount of the quota be imported. The final quote from the GAO is this: Athough CCAGW would still prefer the basis the refineries of our country Because the shortfalls in the tariff-rate complete elimination of the archaic sugar quota reduced US sugar supplies by less than would have an opportunity to buy their program, we believe your amendment will at 1 percent, they had a minimal effect on the sugar. least provide for modest improvement of one domestic price of sugar. This amendment is supported by C&H of its glaring deficiencies. Thus, CCAGW will So what I am saying is you can have Sugar; Colonial Sugar Gramercy, LA; consider a vote on your amendment in the Savannah Foods in Port Wentworth, 2002 Congressional Ratings. a system that allows domestic refin- GA; and Imperial Sugar in Sugar Land, Sincerely, eries to buy sugar that they need from TX. TOM SCHATZ, countries that are not using their allo- I ask unanimous consent that two President. cated quota, and this will have a very Mrs. FEINSTEIN. The fact of the letters be printed in the RECORD in sup- slight, if any, mark on the domestic port of the amendment, one from the matter is, this has been done. The Sec- price of sugar. What is dreadfully un- Coalition for Sugar Reform and the retary can do this. As a matter of fact, fair is to have a situation where domes- other from Citizens Against Govern- in 1995 I implored Secretary Glickman tic refineries, hiring men and women ment Waste. to do just this, and he did it. The prob- who live in this country, that want to There being no objection, the letters lem, I say to those opposed to this refine sugar are prevented from doing were ordered to be printed in the amendment, is that every year you so by a bill where the allocations and RECORD, as follows: have to go and lobby; every year you the quotas have not been revised in two have to try to see that this company decades. COALITION FOR SUGAR REFORM, Washington, DC, February 6, 2002. and others similar to it are able to get So I am asking the Senate to please DEAR SENATOR: On behalf of the Coalition enough sugar. That is not right. Sugar permit this small change in the sugar for Sugar Reform, I urge you to vote for an programs should not operate this way. program.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.055 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S623 I reserve the remainder of my time. I don’t think I have any problem giv- program. But only 40 countries now The PRESIDING OFFICER. Who ing the Secretary the right to reallo- covered by the program are eligible to yields time? cate sugar, which they now have when participate. If there is an inadvertent The Senator from Louisiana. there is a shortfall, but not to do it error, we will be happy to correct it. Mr. BREAUX. Mr. President, I yield outside of the program. Not to say to The intent is that it be within the myself 5 minutes. all of the countries that participate, program. Then, from a country that is The PRESIDING OFFICER. The you have to do it one way, but other in the program but is not using its al- Chair recognizes the Senator from Lou- countries, when we reallocate, you can location, and sold on a first-come-first- isiana for 5 minutes. do it without having to meet the terms served basis, so if the price is going to Mr. BREAUX. Mr. President, let me of the loan itself. The Department does be changed, there will not be a buyer assure my colleagues who might be lis- not have to reallocate; they do it if for the sugar. tening to this rather arcane and com- there is a need for the sugar. Mr. BREAUX. Let me respond to the plicated debate, I have the utmost re- The amendment of the Senator from Senator. When she uses the term spect for the Senator from California California mandates they reallocate, ‘‘comes in on a first-come-first-served to the point of disagreeing with her on although it is not required in order to basis,’’ that is a legal term, a term of the fact that this is a minor amend- meet our domestic needs. In addition, art that clearly indicates that it can ment. I think that nothing my col- she would mandate they allow it come come in out of the program at a price league from California does is minor. It in outside the program. below the market loan level of 18 cents is always a major effort, and she is to We cannot design a national program a pound. be commended for what she is attempt- for one refinery. I point out the refin- That is the No. 2 problem with the ing to do for one refinery in California. I point out that over the last 10 eries that make sugar are very divided amendment. It would come in outside years, in my own State of Louisiana, on this issue. For those who do support the terms of the program. It can come we have lost 24 sugar mills. We did not our amendment, there is an equal num- in at a price much lower than the 18- try to change the sugar program to ac- ber or more who do not. The Domino cent loan level, which runs the risk of commodate each one of those mills Sugar refinery in New York opposes it; reducing the price of sugar throughout but, rather, tried to work in a coopera- the Domino refinery in Brooklyn, NY, the United States. That is the No. 1 tive fashion to have a national pro- opposes it; the Domino refinery in Bal- problem. gram. timore, MD, opposes it, as well as the The second problem is that it man- The Senator is absolutely correct refinery in Chalmette, LA. dates it be done. In the past it has al- that about 40 countries around the The problem is there is a national ways been at the discretion of the Sec- world have allocations to be able to ex- program. The reason one refinery in retary. As the Senator has said, the port approximately 1.25 million tons of one State does not have enough sugar Secretaries in the past, when they saw sugar into the United States to make is because their principal market has a need, have, in fact, allowed it to be sure we have enough sugar for domes- been Hawaii. As the Senator has cor- reallocated. They can still continue to tic consumption. If a country does not rectly said, Hawaii is moving out of the do that, but it can only be done within use all of their allocation, it can be re- sugar program. They have reduced the terms of the program. allocated by the Secretary. It does not their production of sugar, and that re- I reserve the remainder of my time. have to be. The Secretary makes a de- finery does not find itself with a suffi- The PRESIDING OFFICER. The Sen- termination on what amount of sugar cient amount of sugar. But you cannot ator from California. we need to fulfill the mandates of the redesign the entire national program Mrs. FEINSTEIN. I ask the distin- program. If we do need more sugar, and for one particular refinery and say we guished Senator a question. Would the countries have not used their alloca- are going to let sugar come in to this Senator support the amendment if we tion, the Secretary can give to a coun- one refinery outside of the program, amended it to make it clear, in simple try an additional allocation. with no price protection whatever, and English, that the proposal is within the The difference at this point between put the entire program in jeopardy, confines of the existing sugar program? what the Senator from California with potential costs to the U.S. tax- Mr. BREAUX. I respond to the Sen- wants to do and the existing program payers. If it has the effect of driving ator’s question by saying that the two is that they have to reallocate it and the price below the loan level, sugar things I have a problem with, and I bring it into the United States under will be forfeited. think most of the people who support the terms of the program. It cannot be It is very important to note that the the program have a problem with, are, said to one country that they are going program is operated at no cost to the No. 1, it is mandatory. The second to be the only country in the world taxpayer. We have no forfeited sugar. point is that it would allow on a first- that is going to be able to bring sugar We do not want to be in a position of come-first-served basis the sugar to in to the United States with an alloca- forfeiting sugar. If this amendment come to the country outside of the pro- tion that does not comply with the were to pass and we mandated that the gram at a price below the loan level. terms of the sugar program. All of the Secretary reallocate sugar imported If that part were corrected, I am fine, 40 countries that send sugar to the into this country outside the program, but I cannot support it being manda- United States have to come in under which is what it does, on a first-come- tory. We ought to have the flexibility the terms of the program, and that is first-served basis, would not have to to allow it, and it has to be brought in at a price that equals about 18 cents a meet the terms of the program. So a under the terms of the program. pound. If there is 50 pounds of company could bid and bring in sugar Mrs. FEINSTEIN. Provided we could unallocated sugar and it is said to any at 5 cents a pound if they wanted to produce those amendments, would the country in the world, come in and bid dump in this market. That is what the Senator then support that? for the right to send that sugar to the amendment allows. Mr. BREAUX. I think more work cer- United States, they can bid the price I don’t mind having it come in under tainly needs to be done. I think cer- down to a point that would have a sub- the terms of the program, but to allow tainly an appropriate and proper dis- stantial effect on the market. sugar to come in and be reallocated cussion—and I have had this discussion This amendment, if it went into ef- outside the terms of the program with with the distinguished chairman— fect, and large amounts of sugar were regard to price potentially destroys the could be during the conference. brought in outside of the program, program and would be at a cost to the I make very clear the two problems I could ultimately result in a large cost American taxpayer. have: No. 1, it is mandatory on the re- to the taxpayer. If it drives down the At the appropriate time, I will offer a allocation; and No. 2, that allocation average price of sugar below the mar- motion to table the amendment. I am could allow the sugar to come in out- ket loan rate, sugar will be forfeited to happy to yield to the Senator. side the program, the sugar program at the Federal Government and taxpayers Mrs. FEINSTEIN. I thank the Sen- below the marketing loan level which I will be picking up sugar—because the ator. Our intent in drafting the amend- think would destroy the program. price has gone below the marketing ment was that the sugar that comes in Those are the two concerns that I loan—at about 18 cents a pound. is within the program, not outside the think most Members have.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.057 pfrm02 PsN: S12PT1 S624 CONGRESSIONAL RECORD — SENATE February 12, 2002 Mrs. FEINSTEIN. Mr. President, is it amendment, with the time equally di- addition, restrictions on multiple pay- appropriate to set aside this amend- vided and controlled in the usual form; ments and compliance with environ- ment to see if we cannot work out that any second-degree amendments be mental laws. This amendment would some language with Senator BREAUX? accorded the same time limitations as have a reasonable payment limit on The PRESIDING OFFICER. It will the first-degree amendment—Mr. EQIP funds. It would restrict producers take unanimous consent to vitiate the President, first of all, I ask unanimous from receiving multiple EQIP pay- current agreement. consent that the unanimous consent ments. In other words, right now these Mrs. FEINSTEIN. Senator BREAUX proposal I just made be withdrawn. I conglomerates own multiple CAFOs mentioned two things which were our will offer another one. and then get government money for intent, in any event, that would cause The PRESIDING OFFICER. Without each one of them. It becomes a subsidy him to withdraw his disapproval of the objection, it is so ordered. in inverse relation to need. And this language. I ask it be set aside for a few Mr. REID. Mr. President, I ask unan- amendment would require that pro- moments or we suggest the absence of imous consent that the Senate consider ducers who receive EQIP funds have an a quorum to work out the differences the amendments proposed to S. 1731 in environmental plan. and add the necessary words. the order in which they were offered, At the moment, the direction in Mr. BREAUX. I cannot control this, beginning with the Santorum amend- which this amendment goes is as fol- but I am certainly willing to work with ment No. 2542, as modified, and ending lows: It would lower the payment lim- the Senator from California. I have with the Wellstone amendment No. its from $50,000 per year to $30,000 per stated the two problems. 2847; that there be a time limitation of year. Right now, the limit is $10,000. I am always willing to talk to see if 20 minutes for debate with respect to Some farmers don’t do multiple-year we can work something out. each amendment, with the time equal- contracts. Mr. REID. The vote is not scheduled ly divided and controlled in the usual My point is, just as we had payment for 12 minutes. How about 12 minutes? form; that if there is a second-degree limits on an earlier vote with the Dor- Mrs. FEINSTEIN. I take it. amendment offered, the first-degree gan amendment, it seems to me we Mr. REID. I suggest the absence of a amendment be laid aside. ought to also have payment limits with quorum. The PRESIDING OFFICER. Without the EQIP program, if this environ- The PRESIDING OFFICER. The objection, it is so ordered. mental program is to have the policy clerk will call the roll. Mr. REID. Mr. President, I further integrity, and if we are not to be giving The legislative clerk proceeded to ask unanimous consent that it be in these payments to some of the largest call the roll. order for the managers to have a operations that don’t need them. Mr. REID. Mr. President, I ask unan- stacked sequence of votes beginning at Secondly, it prevents producers with imous consent the order for the a time agreed upon by the managers an interest in more than one large quorum call be rescinded. and the leaders or their designees. CAFO from receiving more than one The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without EQIP contract, which makes all the objection, it is so ordered. objection, it is so ordered. sense in the world from the point of Mr. REID. Mr. President, for the in- Mr. REID. I state, Mr. President, as I view of reform. And, again, we are formation of Senators, Senators FEIN- did earlier, we are trying to work out talking about an amendment that has STEIN and BREAUX are in the process of an agreement to work through the rest some payment limitation. Finally, it requires the producers re- working on their amendment. It will of these amendments so that there will ceiving the EQIP funds to have a com- not, at a later time, require a vote. It be definite times on them. We are in prehensive nutrient management plan will be worked out in some other man- the process of doing that now. which is an environmental plan. ner. So Members should be notified Mr. President, I ask unanimous con- It is a reform amendment. I think we there will not be a vote on this amend- sent—Senator ENZI is not in the Cham- have done a lot of good work on this ment. It was scheduled, as you know, ber—that Senator WELLSTONE, who is bill. The vote earlier today on the for 3:40 this afternoon. We have been in in the Chamber, be allowed to begin his packer ownership amendment was ex- a quorum call since then, anticipating 20 minutes at this time. tremely important. We passed the crop there would be a vote. There will not The PRESIDING OFFICER. Without payment limitation by a 66-to-31 vote, be a vote on the Breaux motion to objection, it is so ordered. which was an historic vote. table the Feinstein amendment. The Senator from Minnesota. If my colleagues are in support of I also announce that I have spoken to AMENDMENT NO. 2847 payment limitations, they should sup- the two managers, Senator LUGAR and Mr. WELLSTONE. Mr. President, I port this amendment. This amendment Senator HARKIN. am going to start speaking on the puts some reasonable payment limita- The PRESIDING OFFICER. Is the amendment. We may or may not make tions back into the Environmental Senator asking for unanimous consent one change. Quality Incentive Program. Current to vitiate that agreement? This amendment is a modified law caps it at $10,000 per year. The un- Mr. REID. You took the words right version of an amendment I offered last derlying legislation increases the cap out of my mouth. week. It is a reform amendment to the to $50,000 a year. That is a fivefold in- The PRESIDING OFFICER. Without EQIP program. crease. objection, it is so ordered. The argument against the amend- This amendment recognizes the prob- Mr. REID. Mr. President, I also indi- ment I offered last week—which I lem we have with the environmental cate that Senators HARKIN and LUGAR think was an important amendment for pollution that comes from these large are in the process, with their staffs, of our independent producers and an im- livestock operations, but it places a working through these amendments. portant amendment for the environ- reasonable payment limit on the pro- We have, I think, 18 amendments. ment—was that the size limitation gram: $30,000 per year up to $150,000 There are a number of them, I have meant that midsized farmers could not over 5 years. been told, that will be accepted. We ex- expand. I actually thought that an op- If we don’t put some reasonable pay- pect to have a unanimous consent eration with over 5,000 hogs was a pret- ment limits on the program, the flow agreement in the immediate future to ty large operation in the first place. of benefits is going to be just as we handle about six of these amendments. But what I am going to do this time have seen with the commodities: huge Mr. President, I ask unanimous con- is make some changes, which will, payments to huge producers; in this sent that the Senate consider the hopefully, give us the vote to go over case large livestock conglomerates amendments proposed to S. 1731 in the the top. that over the years have been squeez- order in which they were offered, be- What this amendment does is com- ing independent producers out of exist- ginning with the Santorum amendment parable to what we have done with crop ence. No. 2542, as modified, and ending with assistance in the commodity program. That is what this amendment is all the Wellstone amendment No. 2847; Now we have a reasonable payment about. Again, let me be crystal clear. that there be a time limitation of 20 limit. What we have is a payment limit This amendment now deals with the ar- minutes for debate with respect to each with the commodity program and, in gument that some colleagues made

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.060 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S625 that it is not going to let the midsize Certainly in this area on the EQIP little feed so they can keep their base operations expand. This amendment is program, I believe the Senator’s stock alive until they can produce consistent with what we have done on amendment improves what we have again and have a crop. I know that Wy- payment limits. It is a reform amend- done in the underlying bill, and cer- oming’s portion of that turns out to be ment. This amendment plugs a big tainly I will do everything I can to about $15 million. That comes to about loophole with multiple CAFOs which is make sure we keep those provisions. $8,000 per rancher, and $8,000 doesn’t a huge problem when these conglom- Mr. WELLSTONE. I thank the Chair. even buy much feed. But it will get erates buy up a lot of these confine- The PRESIDING OFFICER. Who some people through the winter. So I ment operations and then get a subsidy yields time? appreciate the concern of everybody for each one of them. Mr. LUGAR. Mr. President, I suggest and their willingness to accept it. Finally, this amendment calls for a the absence of a quorum with the time AMENDMENT NO. 2846 sound environmental plan, which to be charged equally to both sides. Mr. President, the other amendment, makes all the sense in world, a com- The PRESIDING OFFICER. Without of course, is a pet pilot project which prehensive nutrient management plan. objection, the clerk will call the roll. will put lamb in Afghanistan and will It is a modest amendment. It is a good The assistant legislative clerk pro- solve a problem there. It is so small a reform amendment. It is a good envi- ceeded to call the roll. project that it can be nonexistent. I Mr. WELLSTONE. Mr. President, I ronmental amendment. Frankly, it is a know the Department of Agriculture ask unanimous consent that the order good amendment for our independent will look at it, and I think it will be for the quorum call be dispensed with. producers. one of the things that will solve some The PRESIDING OFFICER. Without I reserve the remainder of my time. problems for people who grow lambs in objection, it is so ordered. The PRESIDING OFFICER (Mr. the West and will build up a herd in Af- JOHNSON). Who yields time? Mr. WELLSTONE. Mr. President, I will stay here and wait patiently for ghanistan so they can be self-suffi- The Senator from Iowa. cient. It is the old story—and I have Mr. HARKIN. Mr. President, I don’t our 3-minute limit, and my colleagues can let me know. heard a variation—give a man a fish know who controls any time on the op- and feed him for a day; teach a man to posite side. We have examined the Mr. HARKIN. Mr. President, how much time remains on the Wellstone fish and he will buy an ugly hat. amendment on this side and, quite I yield the floor. frankly, I think the Senator from Min- amendment? The PRESIDING OFFICER. There Mr. HARKIN. Mr. President, we have nesota has made constructive changes examined both amendments on this to the EQIP program, which I think are 21⁄2 minutes that remain to the pro- ponents; 8 minutes remain in opposi- side. They are valuable additions to the will inure to the benefit of our live- farm bill. I think they both have tre- stock producers all over America. On tion. Mr. HARKIN. Mr. President, I ask mendous merit to them. We are pleased this side, we are prepared to accept the to accept them on this side. amendment. unanimous consent to reserve the re- The PRESIDING OFFICER. The Sen- mainder of the time, the 2 minutes and AMENDMENT NO. 2847 ator from Indiana. the 8 minutes, and now proceed to rec- Mr. LUGAR. Mr. President, let me, Mr. LUGAR. Mr. President, let me ognize Senator ENZI who had two first of all, make an announcement be- respond to the distinguished Senator. I amendments offered which are going to fore I comment on the amendments of personally favor the amendment. I will be accepted on this side. I don’t know the Senator. There has been an objec- ask for 3 more minutes for the hotline if the Senator wanted any time at all, tion on our side to having a voice vote on our side to ascertain whether all of but to move the process along, I see the on the Wellstone amendment. There- us are in agreement. I am hopeful that Senator from Wyoming is on the floor. fore, we will need to have a rollcall is the case. If I may have the indul- I ask unanimous consent that the re- vote. Because of the thoughtfulness of gence of Senators, I will ask for a mainder of the time be reserved and the Senator from Iowa, there will be quorum call for about 3 minutes of that we now go to the two Enzi amend- some further time to debate the time. It would be my hope we could ac- ments. I ask unanimous consent if we amendment. I believe there are 8 min- cept the amendment at that point. could just take 5 minutes on the Enzi utes for the opposition. For all those The PRESIDING OFFICER. Is there amendment and then return to the listening to the debate, if there is oppo- objection? Wellstone amendment. sition to the Wellstone amendment, Mr. WELLSTONE. I wonder if I could The PRESIDING OFFICER. Without that time remains. At the end of that say a couple of words while we are objection, it is so ordered. The Senator time, the Wellstone amendment will be waiting. That moves us right along. from Wyoming. in the stack for votes and disposition Before the Senator from Iowa leaves, AMENDMENT NO. 2843 after the unanimous consent on the let me say this for the record: I hope Mr. ENZI. Mr. President, I thank ev- other amendments has been run there will be support. I certainly would erybody who has been working with me through, which is to simply say we are be pleased to not have a recorded vote. on these two very important issues. going to have a vote, a rollcall, and it I know we are trying to move things One of them is an accounting issue. will come at the end of the stack that along. I ask the Senator from Iowa in That is to do with an authorization to the Senator from Nevada offered a a bit of a colloquy here for his support have some drought assistance for live- while back. in conference committee to keep this stock. We have had a livestock assist- Mr. WELLSTONE. Will the Senator in because my experience has been all ance program. It has been kind of a yield for a question? I missed the first too often, when there is not a recorded last-minute, put-it-on-the-budget ef- part. There is now a call for a rollcall vote and there is a voice vote, then the fort every year. But the amount of vote? amendments get tossed aside. I know money that gets spent on it every year Mr. LUGAR. That is correct. my colleague supports this amend- is a very consistent amount, a good Mr. WELLSTONE. I ask for the yeas ment. I certainly ask for his support as amount. It calls for us to recognize and nays. the chair in the conference committee. that upfront, provide for it upfront, The PRESIDING OFFICER. Is there a I assume when he nods his head, it and give our ranchers some assurance sufficient second? means yes. that they are going to have some help. There is a sufficient second. Mr. HARKIN. I say to my friend from This morning we passed a very im- The yeas and nays were ordered. Minnesota, my neighbor to the north, portant measure, and that actually AMENDMENT NOS. 2846 AND 2843 he is a very valuable member of our provides for last year’s drought assist- Mr. LUGAR. Mr. President, I will re- committee. When this bill is done and ance for livestock payments. People turn now to the amendments of the I go on to conference, it is my inten- have been through last year’s drought. Senator from Wyoming. I had an oppor- tion as chair to fight for all of the They know they were already heard. tunity to visit with the Senator and to amendments that we in the Senate One of the fascinating things about appreciate the depth of his under- have adopted on this bill because it this is, it doesn’t pay them for their standing and research with regard to will be the Senate’s position. losses. It pays them so they can buy a both of these amendments. On our side,

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.063 pfrm02 PsN: S12PT1 S626 CONGRESSIONAL RECORD — SENATE February 12, 2002 we are pleased to accept them and, per year over 5 years. This is con- corded vote or not? I will do it either hopefully, we will have a unanimous sistent with the vote we have made on way, but it sounds as if we could move vote. payment limitations. There is no rea- forward. The PRESIDING OFFICER. Without son for Government subsidies going to The PRESIDING OFFICER. The Sen- objection, amendment No. 2843 is pend- the largest of the largest. Second is to ator from Indiana. ing. prevent producers with an interest in Mr. LUGAR. My understanding is Is there further debate on the amend- more than one large CAFO to receive that a recorded vote would occur at the ment? multiple EQIP contracts. This is con- expiration of the time of this amend- If not, the question is on agreeing to sistent as a reform amendment. Why ment and the expiration of the time of the amendment. should conglomerates get payments for whatever amendments that were in the The amendment (No. 2843) was agreed multiple CAFOs? original unanimous consent request. In to. Finally, making sure there is a com- other words, a list of, I think, four Mr. HARKIN. I move to reconsider prehensive management plan which amendments needed to be disposed of. that vote. goes to the producers, which is good, So after we have completed work on all Mr. GRAMM. I move to lay that mo- sound environmental practice. As I of those, there would then be rollcall tion on the table. said, this has the support of a lot of votes therefore required, and this The motion to lay on the table was farm organizations and many environ- would be one of those instances. agreed to. mental organizations. It is a good re- Mr. THOMAS. Mr. President, is it AMENDMENT NO. 2846 form vote. I hope we will get a major- possible to ask unanimous consent that The PRESIDING OFFICER. Without ity vote. the rollcall vote on this issue be viti- objection, amendment No. 2846 is now I yield the floor. ated? pending. The PRESIDING OFFICER. Who The PRESIDING OFFICER. Without The question is on agreeing to the yields time? objection, it is so ordered. amendment. The Senator from Wyoming is recog- Is there further debate on the amend- The amendment (No. 2846) was agreed nized. ment? If not, the question is on agree- to. Mr. THOMAS. Mr. President, let me ing to amendment No. 2847. Mr. HARKIN. I move to reconsider make a couple of comments. I have The amendment (No. 2847) was agreed the vote. been very involved in this program to. Mr. REID. I move to lay that motion over time. The Senator brought it up Mr. WELLSTONE. Mr. President, I on the table. before. It seems to me there are some move to reconsider the vote and lay The motion to lay on the table was issues here about which we ought to that motion on the table. agreed to. talk. We didn’t talk about it at all in The motion to lay on the table was Mr. REID. Mr. President, I ask unan- committee. EQIP, in my view, and I agreed to. imous consent that following the state- think pretty much under the law, is de- AMENDMENT NO. 2845 ment of the Senator from Indiana, signed to give technical assistance to The PRESIDING OFFICER. Under there be no amendments in order prior do good for the environment. They are the previous order, the McConnell to the vote on the Wellstone amend- not tied to nutrients particularly or to amendment No. 2845 is now pending. ment No. 2847. any particular kind of action. They Mr. LUGAR. I suggest the absence of The PRESIDING OFFICER. Is there ought to be available to people who a quorum, with the time being charged objection? want take some action, whether it is to both sides. Without objection, it is so ordered. changing a ditch to make it more The PRESIDING OFFICER. The Who yields time? workable for the environment, or what- clerk will call the roll. Mr. LUGAR. Mr. President, I suggest ever. The assistant legislative clerk pro- the absence of a quorum, with the time Constantly we keep trying to limit it ceeded to call the roll. being charged to both sides. to certain sizes and you have to report Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The the number of animals that you own. imous consent the order for the clerk will call the roll. That is not part of the proposition. quorum call be dispensed with. Mr. WELLSTONE. I ask unanimous This idea of nuance was an idea that The PRESIDING OFFICER. Without consent that the order for the quorum came up in the Clinton administration. objection, it is so ordered. call be rescinded. It was never put in as a rule, and now Mr. REID. Mr. President, it is my un- The PRESIDING OFFICER. Without we are going to put it into law. It derstanding that we are now on the objection, it is so ordered. seems to me that it is an unnecessary McConnell amendment, No. 2845. Is Mr. WELLSTONE. Mr. President, if amount of detail and is singly trying to that right? other Senators are coming down with target certain areas when really the The PRESIDING OFFICER. The Sen- amendments, I will stop speaking. Oth- opportunity is broad. ator is correct. erwise, I will take about 5 minutes now I was out in my home this weekend Mr. REID. Mr. President, I ask unan- if we have the time. and was talking about this—in fact, I imous consent that Senator HARKIN be Mr. REID. We are on the Senator’s guess it was in Denver at the Cattle- allowed to offer a second-degree time anyway. men’s—and people said: We need more amendment to amendment No. 2845; Mr. WELLSTONE. I ask unanimous money for EQIP, but we do not want to that the time between now and 5 consent for 5 minutes as in morning have more and more rules where every o’clock be equally divided between business. time we try to do something we invite Senator HARKIN and Senator MCCON- Mr. LUGAR. Reserving the right to EPA to be here on top of us, and all NELL or their designees, and that at object, the Senator from Wyoming has these other things. 5:45 we vote on the Harkin second-de- arrived and may wish to speak on the I feel fairly strongly about it. How- gree amendment and that at 5 o’clock Wellstone amendment. How much time ever, I do recognize we need to move this matter be set aside. remains? forward, and I withdraw my objection. I would say for the information of all The PRESIDING OFFICER. Six min- The PRESIDING OFFICER. The Sen- Senators, there is a leadership meeting utes in opposition. ator from Minnesota. at 5 o’clock. I think it is bicameral. I The Senator from Minnesota. Mr. WELLSTONE. I thank the Sen- don’t know what it is; I am not attend- Mr. WELLSTONE. Mr. President, let ator for his cooperation. I am saying ing. We will stay here on the floor and me be very clear that we made a modi- that when you put up a facility there try to work out some other things dur- fication from the original amendment has to be a plan of what you are going ing that 45-minute period. to deal with some of the problems my to do with the waste. That is all I am The PRESIDING OFFICER. Is there colleagues had about expansion. We are really saying. objection? Without objection, it is so doing two things: Lowering the pay- If I heard the Senator from Wyoming ordered. ment limits from $50,000 per year to correctly, he is not objecting. Are we Mr. HARKIN. To make it clear, we $30,000 per year, though it can be $30,000 still going to go forward with a re- are going to debate now for about 20

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.066 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S627 minutes on my substitute and the un- reducing the loan rate, which is impor- farm savings account. Let’s see how it derlying McConnell amendment. That tant as an income support for farmers works. Maybe I will be proven wrong. I will be set aside. The vote will then in my part of the country and, in fact, don’t know that it will work, but it is occur on my second-degree amendment all over America. probably worth a try. And I know the at 5:45. What my amendment does is it says: President wants it. The PRESIDING OFFICER. The Sen- OK, if you are going to nick the loan The President keeps saying he wants ator is correct. rates by a quarter of a percent, let’s bipartisanship. This is bipartisanship. I Mr. HARKIN. There may be inter- then leave it as an income support for reach out a hand to those on the other vening business between now and then, farmers—one way or the other. side of the aisle and say fine, let’s try but there will be no votes until 5:45; is Last Saturday in Denver, CO, Presi- the farm savings accounts. that correct? dent Bush said one of the things he Let me point out one other thing. I The PRESIDING OFFICER. That is wanted to see in a farm bill was farm mentioned the House had $3.6 billion in correct. savings accounts. He said that. I think nutrition. We are at $8.4 billion. Presi- AMENDMENT NO. 2856 TO AMENDMENT NO. 2845 the distinguished ranking member has dent Bush, in the budget he sent down, Mr. HARKIN. Mr. President, I have a proposed this in the past. Senator has $4.2 billion increases for nutrition second-degree amendment. I send it to GRASSLEY, my colleague from Iowa, programs over the next 10 years. So, as the desk and ask for its immediate con- has supported this proposal in the past. I said, I think we can be proud of what sideration. Others have supported farm savings ac- we have done for nutrition in the Sen- The senior assistant bill clerk read as counts. We plan to propose a pilot pro- ate bill. follows: gram in the underlying manager’s I yield the floor and reserve the re- The Senator from Iowa [Mr. HARKIN] pro- amendment. It provides $36 million for mainder of my time. poses an amendment numbered 2856 to a pilot program. It is not very much, The PRESIDING OFFICER. The Sen- amendment No. 2845. but at least it was there to try to test ator from Kentucky. Mr. HARKIN. I ask unanimous con- the idea to see if it was acceptable and Mr. MCCONNELL. The underlying sent the reading of the amendment be see if it would work. Some said that is McConnell amendment which would be dispensed with. not enough money. wiped out by the second-degree Harkin The PRESIDING OFFICER. Without My second-degree amendment basi- amendment is for the benefit of dis- objection, it is so ordered. cally says we will take the less than abled people and working families with [The text of the amendment is print- quarter percent cut out of loan rates, children. It would simply allocate $50 ed in today’s RECORD under ‘‘Amend- but we will take that money, which is million over the next 10 years, per ments Submitted.’’] about $510 million, and we will put that year, and pay for it with a thirteen- Mr. HARKIN. Mr. President, please into the farm savings account as a hundredths-of-1-percent lowering of clarify, how much time do I have? pilot program in 10 States. With that loan rates, a thirteen-hundredths-of-1- The PRESIDING OFFICER. The Sen- much money, perhaps we could really percent reduction in loan rates over 10 ator has 10 minutes. find out whether or not this program years, which is a minuscule reduction Mr. HARKIN. Mr. President, what we would work. in loan rates, to benefit the disabled have in front of us is the McConnell The President said he has wanted it. and working families with children. amendment, which reduces loan rates Other people have been supporting it. I That is what the underlying amend- by less than a quarter of a percent. He have some reservations about the idea, ment is about. I had hoped the Senator takes that money and basically puts it but there are plenty of people on the from Iowa, the chairman of the com- into nutrition programs. other side of the aisle, and the Presi- mittee, would accept this amendment. Frankly, my history in both the dent, who have supported this idea. So It seems to me it is pretty simple. House and Senate in the Agriculture in the spirit of bipartisanship I would There is not a farmer in America who Committee for 27 years is one of very like to include this pilot program so we is going to notice a thirteen-hun- strong support for nutrition programs. can all find out exactly how it works dredths-of-1-percent reduction in loan Let’s look at the record. The House and give the USDA some time to work rates over 10 years. No farmer is going of Representatives, in their farm bill, out the details. to recognize that. But a lot of disabled has $3.6 billion over baseline for nutri- Again, the President has requested people and working families will recog- tion programs for 10 years—$3.6 billion. this program. The pilot program will nize the $16-a-month difference that it The Senate bill, as we reported it from include 10 States. It will run from 2003 will make for them. committee, had $6.2 billion, almost to 2006. To make the program viable, On this amendment, I speak not only twice as much for nutrition programs we will ramp up funding to $200 million for myself but I speak for the following over the same period of time. by 2006. groups: The Children’s Defense Fund, Due to certain amendments that The pilot program allows the farmer the Kentucky Task Force on Hunger, have been offered and agreed to already to set up a savings account. The Sec- the Center on Budget and Policy on the Senate floor, the amount of retary of Agriculture will then match Priorities, the National Council of La money for nutrition now in the pending the producer’s contribution. A pro- Raza, the Food Research and Action farm bill is $8.4 billion. That is well ducer’s contribution is limited to $5,000 Center, America’s Second Harvest, over twice what the House has. Could a year. The farmer can then withdraw Bread for the World, and the Western it be more? Yes. We could always do from the account when his farm in- Regional Antihunger Coalition, which more, of course. But we have tried to come from that year is less than 90 per- includes the Food Bank of Alaska, the keep a well-balanced bill. I submit we cent of his farm income averaged over Association of Arizona Food Banks, the have done a lot to address the under- the last 5 years. California Food Policy Advocates, the lying concerns of accessibility, of as- Again, we have a strong nutrition California Association of Food Banks, sets—of a lot of things—for people who title here. We have gone from $3.6 bil- the Idaho Community Action Network, need food stamps and other nutrition lion in the House to $8.4 billion here. the Montana Food Network, Montana programs. But if we want to have the farm sav- Hunger Coalition, the Oregon Hunger The McConnell amendment, if you di- ings accounts, then Senators will have Relief Tax Force, the Oregon Food vide it all up, would put about $49 mil- a choice. We have already done a lot Bank, the Utahns Against Hunger, the lion a year additional into a program for nutrition. I take a back seat to no Children’s Alliance of Washington, the that already is spending $20 billion a one in my support for strong nutrition Washington Association of Churches, year. Now, $49 million is a lot of programs. But if the will is to nick the and the Washington Food Coalition. money, but compared to $20 billion? I loan rates a little bit—and I guess this All of these groups are interested in submit this will have almost no effect is what this is all about—at least let’s helping provide sustenance for the dis- on the underlying nutrition programs. leave it with some income support for abled and working families with chil- Really, the way I see this amendment, farmers. I am willing to give the ben- dren. And the only sacrifice that the it is an attempt to take some more efit of the doubt to my friends on the McConnell amendment envisions farm- money out of commodity programs by other side of the aisle. Let’s try this ers making is a thirteen-hundredths-of-

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.069 pfrm02 PsN: S12PT1 S628 CONGRESSIONAL RECORD — SENATE February 12, 2002 1-percent reduction in loan rates over spending $20 billion a year and say we Again, this is about $16 a month for 10 years. are going to put in another $49 million, working families with children and the I don’t think there is a need to fur- you could look at it and say that disabled, paid for by a thirteen-hun- ther explain the underlying amend- doesn’t do much. The Senator from dredths of 1 percent reduction in loan ment. I had hoped Senator HARKIN Kentucky says we are not taking much rates. would accept it. Since he has not cho- out of farmers. You are not taking I think this is a tradeoff that every sen to do that, I hope the Harkin sec- much out of farmers but you are not farmer in America would understand. I ond-degree amendment will be defeated doing much to help poor people, either. consider myself a friend of farmers as and that the underlying amendment If you are going to do that—if you well. I will bet there is not a farmer in supported by all of these groups inter- are going to nick the farmers a little Kentucky who wouldn’t think this is ested in feeding hungry people and dis- bit—rather than holding out false an appropriate step to take. abled people will be agreed to. hopes to poor people that somehow you Is the Senator from Iowa out of time? I reserve the remainder of my time. are really going to boost nutrition pro- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who grams, which you really aren’t with ator from Iowa has 18 seconds remain- yields time? this amendment, then at least try to ing. The Senator from Indiana. do something that might be meaning- Mr. MCCONNELL. Mr. President, I Mr. LUGAR. Mr. President, I yield ful to help farm income in the future. am happy to yield back my time if the myself 2 minutes in support of the Quite frankly, $50 million used in the Senator from Iowa wants to yield back McConnell amendment. farm savings accounts could be the his 18 seconds. The distinguished Senator from Ken- underpinnings to help farm income in Mr. HARKIN. I yield the remainder tucky has stated the case well. In ear- the future. That could be meaningful. of my time. lier debates, both of us pointed out But $49 million, or $50 million, on $20 Mr. MCCONNELL. I yield the remain- that the McConnell amendment is es- billion for food stamps is, as I said, der of my time. sential to bringing justice to all Ameri- holding out false hopes to poor people The PRESIDING OFFICER. The Sen- cans who are recipients of food that somehow you have done some- ator from Indiana. stamps—in this case, among those who thing. AMENDMENT NO. 2822 are most vulnerable in our society. It I suggest to my friend from Ken- Mr. LUGAR. Mr. President, let me does so at a minimal change with re- tucky that perhaps he might want to ask the distinguished chairman of our gard to payments to farmers. I suspect tell the President not to send the budg- committee for his attention to the most farmers recognize that and would et down here that has $4.2 billion in in- Helms amendment No. 2822 dealing commend the intent. creases in nutrition programs when we with animal welfare. I wanted to in- In fairness, my distinguished col- are already at $8.4 billion. I had hoped quire of the Senator with regard to the league, the chairman of our com- the President would have sent down a Helms amendment No. 2822 on animal mittee, does not argue about the in- budget that said, no, we need to put welfare. It is my understanding that on tent. Indeed, the Senate bill is much more money in nutrition, and we need both sides of the aisle we are prepared more generous than the House bill in $8 billion or $10 billion, as the ranking to accept that amendment. regard to nutrition programs and food member was trying to do in committee Mr. HARKIN. It is a good amend- stamps in particular and is much more with $10 billion more for nutrition. ment. generous than administration pro- On the other hand, that amount of Mr. LUGAR. Will the Chair turn our posals. At the same time, we have money going into farm savings ac- attention to the Helms amendment No. spent the time in committee attempt- counts could be quite significant to a 2822 and proceed with the regular order ing to explore equity. This seems to me number of farmers. with that amendment? to be an amendment that rounds this I yield the floor. I reserve the re- The PRESIDING OFFICER. The out, and that brings completion to our mainder of my time. amendment is now pending. The ques- argument in a very satisfying way. The PRESIDING OFFICER. The Sen- tion is on agreeing to the amendment. The savings account idea is a good ator from Kentucky. The amendment (No. 2822) was agreed one, but to introduce it at this point Mr. MCCONNELL. How much time to. seems to me to be inappropriate. I am remains? Mr. LUGAR. Mr. President, I move to The PRESIDING OFFICER. The Sen- most hopeful that Senators who sup- reconsider the vote. ator has 5 minutes. port the McConnell amendment will Mr. HARKIN. I move to lay that mo- Mr. MCCONNELL. Mr. President, I think through, once again, an oppor- tion on the table. will not need to use the whole 5 min- tunity that we have in a humane way The motion to lay on the table was utes. Let me restate what this is about. to help those who are vulnerable in our agreed to. society through satisfying nutrition This is about working families with The PRESIDING OFFICER (Mr. DAY- programs. children and disabled people who are TON). The Senator from Nevada. I thank the Chair. I yield the floor. eligible for food stamps. It has been Mr. HARKIN. Mr. President, how suggested by my friend and colleague AMENDMENT NO. 2829 much time do I have remaining? from Iowa that the amount involved Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Three for those people would not be noticed. imous consent the Senate now turn to minutes twenty-two seconds. I would respectfully suggest that $16 a amendment No. 2829. Mr. HARKIN. Mr. President, frankly, month for a family of four will be no- The PRESIDING OFFICER. Without I think it is quite appropriate. We plan ticed and that the loss of thirteen-hun- objection, the amendment is now the to propose a pilot program in the man- dredths of 1 percent on the loan rate pending question. ager’s amendment. This just expands will not be noticed by the farmers. Mr. REID. Mr. President, Senators it. This is an amendment that ought to BREAUX and FEINSTEIN have worked on I am trying to do something that be approved. As I said earlier, it is sup- this amendment now for the past hour reaches across the aisle in a bipartisan ported by a vast array of groups led by or thereabouts. atmosphere, something that friends on the Children’s Defense Fund that be- AMENDMENT NO. 2829, AS MODIFIED the other side of the aisle and the lieves it is necessary to bring this pro- On their behalf, I send a modification President have called for in doing gram up to the level that it ought to to the desk and ask unanimous consent something about these farm savings ac- achieve when looking into the future. the amendment be so modified. counts. I don’t really know whether I hope that the Harkin second-degree The PRESIDING OFFICER. Without they will work or not, but I am willing amendment will be defeated and that objection, the amendment is so modi- to let them try to put some money in the underlying McConnell amendment, fied. the pilot program. supported by the Children’s Defense The amendment, as modified, is as On the other hand, on nutrition pro- Fund and an array of different organi- follows: grams, there is $49 million a year. zations, which I listed a few moments Strike the period at the end of section 143 Every dollar helps. When you are ago, will be approved. and insert a period and the following:

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.071 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S629 SEC. 144. REALLOCATION OF SUGAR QUOTA. The PRESIDING OFFICER. The Sen- On page 21, line 9, strike ‘‘(m)’’ and insert Subtitle B of title III of the Agricultural ator from Indiana. ‘‘(n)’’. Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) On page 21, line 12, strike ‘‘(n)’’ and insert AMENDMENT NO. 2854 is amended by adding at the end the fol- ‘‘(o)’’. Mr. LUGAR. Mr. President, I ask lowing: The PRESIDING OFFICER. If there unanimous consent the Senate now ‘‘PART VIII—REALLOCATING SUGAR is no further debate, the question is on turn to the McConnell amendment No. QUOTA IMPORT SHORTFALLS agreeing to amendment No. 2855, as 2854. ‘‘SEC. 360. REALLOCATING CERTAIN SUGAR The PRESIDING OFFICER. Without modified. QUOTAS. The amendment (No. 2855), as modi- objection, the amendment is now the ‘‘(a) IN GENERAL.—Notwithstanding any fied, was agreed to. pending question. other provision of law, on or after June 1 of Mr. REID. I move to reconsider the each year, the United States Trade Rep- Is there further debate on the amend- vote, and I move to lay that motion on resentative, in consultation with the Sec- ment? retary, shall determine the amount of the If not, the question is on agreeing to the table. The motion to lay on the table was quota of cane sugar used by each qualified amendment No. 2854. agreed to. supplying country for that fiscal year, and The amendment (No. 2854) was agreed may reallocate the unused quota for that fis- to. AMENDMENT NO. 2542, AS FURTHER MODIFIED cal year among qualified supplying coun- Mr. LUGAR. I move to reconsider the Mr. LUGAR. Mr. President, I ask the tries. vote, and I move to lay that motion on that Chair consider an amendment by ‘‘(b) DEFINITIONS.—In this section: the Senator from Pennsylvania, Mr. ‘‘(1) QUALIFIED SUPPLYING COUNTRY.—The the table. term ‘qualified supplying country’ means The motion to lay on the table was SANTORUM, No. 2542. one of the following 40 foreign countries that agreed to. The PRESIDING OFFICER. The is allowed to export cane sugar to the United The PRESIDING OFFICER. The Sen- amendment is now pending. Is there States under an agreement or any other ator from Nevada. further debate? country with which the United States has an Mr. REID. Mr. President, the Senate Mr. LUGAR. I ask clarification from agreement relating to the importation of is not in a quorum call; is that right? the Chair. On the copy of the amend- cane sugar: The PRESIDING OFFICER. The Sen- ment I am looking at, it identifies it as Argentina ator is correct. amendment No. 2639. Can the Chair Australia help illuminate? Barbados AMENDMENT NO. 2855 Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. As soon Belize as the Chair has been illuminated, the Bolivia imous consent the Senate now turn to Chair will illuminate. Brazil amendment No. 2855, Senator KYL’s Mr. LUGAR. I thank the Chair. Colombia amendment. The PRESIDING OFFICER. The Congo The PRESIDING OFFICER. Without pending amendment No. 2542 was modi- Costa Rica objection, the amendment is now the Dominican Republic fied with the text of the amendment pending question. Ecuador the Senator has just referenced. El Salvador AMENDMENT NO. 2855, AS MODIFIED Mr. HARKIN. It has been modified. Fiji Mr. REID. Mr. President, I send a The PRESIDING OFFICER. The Sen- Gabon modification to the desk, which has ator is correct. It has been modified. Guatemala been signed off on by Senator KYL, Mr. LUGAR. I thank the Chair for Guyana Senator LUGAR, and Senator HARKIN. I that information. I ask that the Chair Haiti ask unanimous consent the amendment Honduras proceed to consideration of the amend- India be so modified. ment. Ivory Coast The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Jamaica objection, the amendment is so modi- Chair is momentarily in doubt. Madagascar fied. The pending question is amendment Malawi The amendment, as modified, is as No. 2542 as previously modified and Mauritius follows: with the proposed modification that is Mexico On page 9, between lines 11 and 12, insert Mozambique now at the desk. the following: Nicaragua Is there objection to the second ‘‘(12) IMPLEMENTATION.—In carrying out Panama modification? this subsection, the Secretary shall comply Papua New Guinea Without objection, the amendment is with— Paraguay further modified. ‘‘(A) all interstate compacts, court decrees, Peru and Federal and State laws (including regu- The amendment, as further modified, Philippines lations) that may affect water or water is as follows: St. Kitts and Nevis rights; and Beginning on page 2, strike line 11 and all South Africa ‘‘(B) all procedural and substantive State that follows through page 4, line 21, and in- Swaziland sert the following: Taiwan water law. On page 10, line 1, strike ‘‘(13)’’ and insert ‘‘(C) for the socialization of dogs intended Thailand ‘‘(14)’’. for sale as pets with other dogs and people, Trinidad-Tobago On page 11, line 9, strike ‘‘(14)’’ and insert through compliance with a performance Uruguay ‘‘(15)’’. standard developed by the Secretary based Zimbabwe. On page 10, line 14, strike ‘‘(15)’’ and insert on the recommendations of veterinarians ‘‘(2) CANE SUGAR.—The term ‘cane sugar’ ‘‘(16)’’. and animal welfare and behavior experts has the same meaning as the term has under On page 10, line 22, strike ‘‘(16)’’ and insert that— part VII.’’. ‘‘(17)’’. ‘‘(i) identifies actions that dealers and in- The PRESIDING OFFICER. Is there On page 20, between lines 10 and 11, insert spectors shall take to ensure adequate so- further debate on the amendment, as the following: cialization; and ‘‘(ii) identifies a set of behavioral measures modified? ‘‘(j) IMPLEMENTATION.—In carrying out this section, the Secretary shall comply with— that inspectors shall use to evaluate ade- If not, the time is yielded back. The ‘‘(1) all interstate compacts, court decrees, quate socialization; and question is on agreeing to amendment and Federal and State laws (including regu- ‘‘(D) for addressing the initiation and fre- No. 2829, as modified. lations) that may affect water or water quency of breeding of female dogs so that a The amendment (No. 2829), as modi- rights; and female dog is not— fied, was agreed to. ‘‘(2) all procedural and substantive State ‘‘(i) bred before the female dog has reached Mr. REID. I move to reconsider the water law. at least 1 year of age; and vote. On page 20, line 11, strike ‘‘(j)’’ and insert ‘‘(ii) whelped more frequently than 3 times ‘‘(k)’’. in any 24-month period.’’. Mr. HARKIN. I move to lay that mo- On page 20, line 22, strike ‘‘(k)’’ and insert (b) SUSPENSION OR REVOCATION OF LICENSE, tion on the table. ‘‘(l)’’. CIVIL PENALTIES, JUDICIAL REVIEW, AND The motion to lay on the table was On page 21, line 4, strike ‘‘(l)’’ and insert CRIMINAL PENALTIES.—Section 19 of the Ani- agreed to. ‘‘(m)’’. mal Welfare Act (7 U.S.C. 2149) is amended—

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.049 pfrm02 PsN: S12PT1 S630 CONGRESSIONAL RECORD — SENATE February 12, 2002 (1) by striking ‘‘SEC. 19. (a) If the Sec- Mr. SANTORUM. There are at least dog’s life. The Animal Welfare Act does retary’’ and inserting the following: 3,000 commercial dog breeding facilities currently recognize this need. ‘‘SEC. 19. SUSPENSION OR REVOCATION OF LI- licensed to operate by the United Our amendment also addresses the CENSE, CIVIL PENALTIES, JUDICIAL REVIEW, AND CRIMINAL PENALTIES. States Department of Agriculture. issue of breeding and its correlation to ‘‘(a) SUSPENSION OR REVOCATION OF LI- These facilities are required to comply an animals’s welfare. Sometimes a life CENSE.— with the rules and regulations of the of intensive breeding can begin at 6 ‘‘(1) IN GENERAL.—If the Secretary’’; Animal Welfare Act, AWA, that sets months of age, well before a dog is ma- (2) in subsection (a)— forth minimal standards for humane ture enough to mother a litter of pup- (A) in paragraph (1) (as designated by para- handling and treatment. Inspections, pies and still remain healthy. graph (1)), by striking ‘‘if such violation’’ to oversee compliance with AWA Relentless overbreeding can cause se- and all that follows and inserting ‘‘if the vere nutritional deficiencies and im- Secretary determines that 1 or more viola- standards, are performed by the USDA. tions have occurred.’’; and There are serious inadequacies with pairs a dog’s immune system, leading (B) by adding at the end the following: the current system that demand our to increased risk of infections, illness ‘‘(2) LICENSE REVOCATION.—If the Secretary attention and our action. One problem and organ failure. finds that any person licensed as a dealer, has been insufficient resources for the These concerns go to the heart of hu- exhibitor, or operator of an auction sale sub- USDA to perform timely and routine mane treatment, and are as appro- ject to section 12, has committed a serious inspections. Second, inspectors have priate for Congress to address as other violation (as determined by the Secretary) of too few tools to make the assessment areas already covered by the AWA, any rule, regulation, or standard governing of proper care that they must. I have such as adequate veterinary care, food, the humane handling, transportation, veteri- nary care, housing, breeding, socialization, worked for several years on strategies water, sanitation, ventilation, and feeding, watering, or other humane treat- to solve these problems through con- shelter from harsh weather. ment of dogs under section 12 or 13 on 3 or gressional and agency action. Finally, our amendment addresses more separate inspections within any 8-year I was very pleased to be joined last the problem of commercial dog breed- period, the Secretary shall— year by one-third of my Senate col- ers who repeatedly violate the require- ‘‘(A) suspend the license of the person for leagues in seeking an increased appro- ments of the Animal Welfare Act, but 21 days; and priation for USDA to enforce the Ani- continue to operate. ‘‘(B) after providing notice and a hearing mal Welfare Act. USDA has approxi- This carefully-crafted provision will not more than 30 days after the third viola- tion is noted on an inspection report, revoke mately 80 inspectors to inspect nearly help USDA take action against the the license of the person unless the Sec- 10,000 USDA federally-licensed facili- genuinely bad actors while allowing for retary makes a written finding that revoca- ties involving millions of animals. In- the rights of all individuals in the tion is unwarranted because of extraordinary creases in USDA’s enforcement budget breeding business. I am deeply con- extenuating circumstances.’’ will certainly help the agency fulfill its cerned about small business and the Mr. SANTORUM. Mr. President this responsibility to ensure compliance protection of private property rights, amendment is a continuation of my in- with the AWA. so I have worked with many interested terest in the protection and humane Counting Fiscal Year 2002, Congress parties to ensure this provision strikes treatment of animals, specifically, has appropriated an additional $13 mil- the right balance. dogs and puppies. This amendment will lion since 1999 to enable USDA to track When families decide to buy or adopt crack down on breeders who do not down more unlicensed facilities, con- a dog, they are taking in a new family abide by existing requirements for the duct more inspections, and improve member. When they find, after weeks humane treatment and care of dogs follow-up enforcement efforts. or months of sharing their home with bred for the pet trade. It will also fill And while Congress is making this dog, that their pet has behavioral some gaps in the law that involve im- progress addressing the AWA budget problems or some latent disease, they portant humane concerns. shortfall, it is also important to ad- often do everything in their power to There has been extensive coverage of dress gaps in the law to better protect help their dog with veterinarian care the improper care, abuse, and mistreat- dogs and consumers. or behavioral training. ment common at ‘‘puppy mills’’ across That is why I introduced the Puppy Unfortunately, dogs that are mal- America. Unsuspecting consumers who Protection Act, along with my col- treated early in life and that have been purchase these puppies find out that league Senator DURBIN, to address denied the early contacts that allow they have latent physical and behav- these additional areas requiring our at- them to form solid bonds with people ioral problems because of the poor care tention. and other animals, may bite or lash they received in the important early Today’s amendment is based on that out. Families that face these problems stage of their lives. This can lead to bill, S. 1478, which we introduced on will often go to great lengths, and safety concerns, tremendous expense October 1, 2001. The Puppy Protection spare no expense, to find a cure for a and heartbreak for families. And for Act, and our amendment today, will problem that could easily have been the dogs, it often means they end up make three very important and needed prevented. taken to shelters where they must be changes to the Animal Welfare Act’s Our legislation should not be con- euthanized because they’re too aggres- oversight of commercial dog breeding troversial. It is about protecting ani- sive or sickly to be adopted. operations. mals from mistreatment. It is about My amendment enjoys the support of First, legislation addresses the need preventing heartbreak and loss to fam- national animal protection organiza- for breeding females to be given time ilies. And it is about doing what is re- tions, such as the Humane society of to recover between litters and to be sponsible. the United States and the American protected from breeding in their first Please support the Santorum-Durbin Society for the Prevention of Cruelty year of life. amendment for puppy protection. to Animals, ASPCA, as well as 861 hu- Second, it requires that dogs receive EXHIBIT 1 mane organizations, shelters, and ani- adequate interaction with other dogs ENDORSEMENT LIST FOR PUPPY PROTECTION mals control associations. I ask unani- and with people to help prevent behav- ACT mous consent that a listing of these or- ioral problems in the future. (861 Endorsements—Updated 11/27/01) Third, it encourages swift and strong ganizations, by State, be printed to the ARKANSAS RECORD. Also let the RECORD reflect enforcement against repeat offenders by creating a ‘‘three strikes and you’re Anchorage Animal Control that my own State of Pennsylvania has Gastineau Humane Society (Juneau) 14 organizations on this list ranging out’’ system for chronic violators. Sitka Animal Shelter (Sitka) The science is clear that dogs who from the Western Pennsylvania Westie ALABAMA Rescue Committee, the Humane Soci- are raised without adequate contact with other dogs and with people are The Animal Shelter (Anniston) ety of Lackawanna County and the Barbour County Humane Society Inc. York County SPCA. likely to have behavioral problems (Eufaula) The PRESIDING OFFICER. Without throughout their lives. BJC Animal Control Services, Inc. (Bir- objection, it is so ordered. This amendment recognizes the crit- mingham) (See Exhibit 1.) ical importance of the early weeks of a Central Alabama Animal Shelter (Selma)

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.051 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S631 Circle of Friends (Montrose) Humane Education Network (Menlo Park) Enfield Police Department-Animal Control City of Irondale Animal Control (Irondale) Humane Society of Imperial County (El (Enfield) Dekalb County SPCA (Fort Payne) Centre) Forgotten Felines, Inc. (Clinton) Greater Birmingham Humane Society Humane Society of Tuolumne County The Greater New Haven Cat Project, Inc. Humane Society of Elmore County (Jamestown) (New Haven) (Wetumpka) Kings SPCA (Hanford) Hamilton Sundstrand (West Locks) Humane Society of Etowah County (Gads- Lake Tahoe Humane Society/SPCA (South Kitty Angels of Connecticut (Coventry) den) Lake Tahoe) Meriden Humane Society (Meriden) Humane Society of Chilton County Lawndale Municipal Services, Animal Con- Milford Animal Control (Milford) (Clanton) trol Division (Lawndale) Per Animal Welfare Society (PAWS) (Nor- Humane Society of Pike County (Troy) The Marin Humane Society (Novato) walk) Mobile SPCA (Mobile) Orange County People for Animals (Irvine) Quinebaug Valley Animal Welfare Service Monroe County Humane Society (Monroe- Orange County SPCA (Huntington Beach) (Dayville) ville) Pasadena Humane Society and SPCA Valley Shore Animal Welfare League Montgomery Humane Society (Mont- (Pasadena) (Westbrook) gomery) Pet Adoption League (Grass Valley) DELAWARE St. Clair Animal Shelter (Pell City) Petaluma Animal Services (Petaluma) Delaware SPCA (Georgetown) Tuscaloosa Metro Animal Shelter (Tusca- Placer County Animal Services (Auburn) Delaware SPCA (Stanton) loosa) Placer County Animal Services (Kings Walker County Humane Society (Jasper) Beach/Tahoe Vista) FLORIDA ARIZONA Pleasanton Police Department—Animal Alachua County Humane Society (Gaines- Services (Pleasanton) ville) Berryville Animal Care and Control Rancho Coastal Humane Society Animal Rights Foundation of Florida (Berryville) (Leucadia) (Pompano Beach) Hot Springs Village Animal Welfare Reedley Police Department (Reedley) Animal Welfare League of Charlotte Coun- League (HPV) Retired Greyhound Rescue (Yuba City) ty (Port Charlotte) Paragould Animal Welfare Society Sacramento County Animal Care and Reg- Arni Foundation (Daytona Beach) (Paragould) ulation (Sacramento) Baker County Animal Control (Macclenny) Sherwood Animal Services (Sherwood) Sacramento SPCA (Sacramento) Central Brevard Humane Society-Central ARIZONA Santa Cruz SPCA (Santa Cruz) (Cocoa) Animal Defense League of Arizona (Tuc- Seal Beach Animal Care Center (Seal Central Brevard Humane Society-South son) Beach) (Melbourne) Arizona Animal Welfare League (Phoenix) Siskiyou County Animal Control (Yreka) Citizens for Humane Animal Treatment Coconino Humane Association (Flagstaff) Solano County Animal Control (Fairfield) (Crawfordville) Hacienda De Los Milagros, Inc. (Chino Val- Southeast Area Animal Control Authority Clay County Animal Control (Green Cove ley) (Downey) Springs) Holbrook Police Department (Holbrook) Spay Neuter Associates (Ben Lomond) Coral Springs Humane Unit (Coral Springs) Humane Society of Sedona (Sedona) The SPCA of Monterey County (Monterey) First Coast Humane Society/Nassau Coun- Humane Society of Southern Arizona (Tuc- Stanislaus County Animal Services (Mo- ty Animal Control (Yulee) son) desto) Flayler County Humane Society (Palm Long Lake Animal Shelter/Fort Mojave State Humane Association of California Coast) Ranger Department (Mohave Valley) (Sacramento) Halifax Humane Society (Daytona Beach) Payson Humane Society, Inc. (Payson) Town and Country Humane Society Humane Society of Broward County (Fort Lauderdale) CALIFORNIA (Orland) Town of Truckee Animal Control (Truck- Humane Society of Collier County, Inc. Actors and Others for Animal (North Hol- ee) (Naples) lywood) Tracy Animal Shelter (Tracy) Humane Society of Lake County (Eustis) All for Animals (Santa Barbara) Tri-City Animal Shelter (Fremont) Humane Society of Lee County, Inc. (Fort Animal Friends of the Valley/LEAF (Lake Tulare County Animal Control Shelter Myers) Elsinore) (Visalia) Humane Society of Manatee County (Bra- Animal Protection Institute (Sacramento) United Animal Nations/Emergency Rescue denton) Animal Care Services Division, City of Service (Santa Barbara) Humane Society of North Pinellas (Clear- Sacramento (Sacramento) Valley Humane Society (Pleasanton) water) Animal Place (Vacaville) Woods Humane Society (San Luis Obispo) Humane Society of St. Lucie County (Fort Antioch Animal Services (Antioch) Yuba Sutter SPCA (Yuba City) Pierce) Association of Veterinarians for Animal Yucaipa Animal Placement Society Humane Society of Tampa Bay (Tampa) Rights (Davis) (Yucaipa) Humane Society of the Treasure Coast, Benicia/Vallejo Humane Society (Vallejo) COLORADO Inc. (Palm City) Berkeley Animal Care Services (Berkeley) Jacksonville Humane Society Adams County Animal Control (Commerce California Animal Care (Pam Desert) Jefferson County Humane Society (Monti- City) California Animal Defense and Anti-Vivi- cello) Barnwater Cats Rescue Organization (Den- section League, Inc. (Carson) Lake City Animal Shelter (Lake City) ver) City of Perris Animal Control (Perris) Leon County Humane Society (Tallahas- Cat Care Society (Lakewood) City of Sacramento Animal Care Services see) Cherry Hills Village Animal Control (Cher- Division (Sacramento) Marion County Animal Center (Ocala) ry Hills Village) City of Santa Barbara Police Department— Okaloosa County Animal Services (Fort Delta County Humane Society (Delta) Animal Control (Santa Barbara) Walton Beach) Denver Animal Control and Shelter (Den- Contra Costa Humane Society (Pleasant Panhandle Animal Welfare Society (Fort ver) Hill) Walton Beach) The Dreampower Foundation/P.A.A.L.S. Costa Mesa Animal Control (Costa Mesa) Play Acres, Inc. (Wildwood) (Castle Rock) Desert Hot Springs Animal Control (Desert Prayer Alliance for Animals (Jupiter) Dumb Friends League (Denver) Hot Springs) Putnam County Humane Society (Hol- Good Samaritan Pet Center (Denver) Divsiion (Santa Barbara) lister) Humane Society of Boulder Valley (Boul- Dog Obedience Club of Torrance, CA (Tor- Safe Animal Shelter of Orange Park (Or- der) rance) ange Park) Intermountain Humane Society (Conifer) Earth Island Institute (San Francisco) Safe Harbor Animal Rescue and Clinic (Ju- Larimer Humane Society (Fort Collins) Eileen Hawthorne Fund Inc. (Fort Bragg) niper) Lone Rock Veterinary Clinic (Bailey) Escondido Humane Society (Escondido) South Lake Animal League, Inc. Longmont Humane Society (Longmont) Friends for Pets Foundation (Sun Valley) (Clermont) Montrose Animal Protection Agency Friends of the Fairmont Animal Shelter Southeast Volusia Humane Society (New (Montrose) (San Leandro) Smyrna Beach) Rangely Animal Shelter (Rangely) Friends of Solano County (Fairfield) SPCA of Hernando County, Inc. Rocky Mountain Animal Defense (Boulder) Haven Humane Society, Inc. (Redding) (Brooksville) Table Mountain Animal Center (Golden) The Healdsburg Animal Shelter SPCA of Pinellas County (Largo) Thornton Animal Control (Thornton) (Healdsburg) SPCA of West Pasco (New Port Richey) Helen Woodward Animal Center (Rancho CONNECTICUT Suncoast Basset Rescue, Inc. (Gainesville) Santa Fe) Animal Welfare Associates, Inc. (Stamford) Suwannee County Humane Society (Live Hollister Animal Shelter (Hollister) Connecticut Humane Society (Newington) Oak)

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Volusia County Animal Services (Daytona) Animal Rescue League of Iowa (Des INDIANA Wings of Mercy Animal Rescue (Panama Moines) Allen County SPCA (Fort Wayne) County Beach) Appanoose County Animal Lifeline, Inc. Cass County Humane Society (Logansport) GEORGIA (Centerville) Dubois County Humane Society (Jasper) Boone Area Humane Society (Boone) Animal Rescue Foundation, Inc. Elkhart City Police Department-Animal Cedar Bend Humane Society (Waterloo) (Milledgeville) Control Division (Elkhart) Cedar Rapids Animal Control (Ely) Atlanta Humane Society and SPCA, Inc. Fort Wayne Animal Care and Control (Ft. Cedar Valley Humane Society (Cedar Rap- (Atlanta) Wayne) ids) Basset Hound Rescue of Georgia, Inc. (Ken- Greene County Humane Society (Linton) City of Atlantic Animal Shelter (Atlantic) Greenfields, Hancock County Animal Con- nesaw) Creston Animal Rescue Effort (Creston) trol (Greenfield) Big Canoe Animal Rescue (Big Canoe) Friends of the Animals of jasper County Hammond Animal Control (Hammond) Catoosa County Animal Control (Ringgold) (Newton) Hendricks County Humane Society Charles Smithgall Humane Society, Inc. Humane Society of Northwest Iowa (Mil- (Brownsburg) (Cleveland) ford) Home for Friendless Animals Inc. (Indian- Cherokee County Humane Society (Wood- Humane Society of Scott County (Dav- apolis) stock) enport) Humane Society Calumet Area, Inc. (Mun- Clayton County Humane Society Iowa City Animal Car and Control (Iowa ster) (Jonesboro) City) Humane Society of Elkhart County (Elk- Collie Rescue of Metro Atlanta, Inc. (At- Iowa Federation of Humane Societies (Des hart) lanta) Moines) Humane Society for Hamilton County Coweta County Animal Control Depart- Jasper County Animal Rescue league and (Noblesville) ment (Newman) Humane Society (Newton) Humane Society of Hobart (Hobart) Crawfordville Shelter (Crawfordville) Keokuk Humane Society (Keokuk) Humane Society of Indianapolis (Indianap- Douglas County Humane Society Montgomery County Animal Rescue (Red olis) (Douglasville) Oak) Humane Society of Perry County (Tell Dublin-Laurens Humane Association (Dub- Muscatine Humane Society (Muscatine) City) lin) Northeast Iowa People for Animal Welfare Johnson County Animal Shelter (Franklin) Fayette County Animal Shelter (Fayette- (Decorah) La Porte County Animal Control (La ville) Raccoon Valley Humane Society (Adel) Porte) Fitzgerald-Ben Hill Humane Society (Fitz- Siouxland Humane Society (Sioux City) Madison County SPCA and Humane Soci- gerald) Solution to Over-Population of Pets (Bur- ety, Inc. (Anderson) Forsyth County Humane Society lington) Martin County Humane Society (Cumming) Spay Neuter Assistance for Pets (SNAP) (Loogootee) Georgia Labrador Rescue (Canton) (Muscatine) Michiana Humane Society (Michigan City) Glynn County Animal Services (Bruns- Vinton Animal Shelter (Vinton) Monroe County Humane Association wick) IDAHO (Bloomington) Golden Retriever Rescue of Atlanta Morgan County Humane Society (Peachtree City) Animal Ark (Grangeville) (Martinsville) The Good Shepard Humane Society Animal Shelter of Wood River Valley New Albany/Floyd County Animal Shelter/ (Sharpsburg) (Hailey) Control (New Albany) Homeward Bound Pet Rescue, Inc. (Ellijay) Bannock Humane Society (Pocatello) Owen County Humane Society (Spencer) Humane Services of Middle Georgia Ferret haven Shelter/Rescue of Boise, Inc. Salem Department of Animal Control (Macon) (Boise) (Salem) Humane Society of Camden County Humane Society of the Palouse (Moscow) Scott County Animal Control and Humane (Kingsland) Idaho Humane Society (Boise) Investigations (Scottsburg) Humane Society of Griffin-Spalding Coun- Kootenai Humane Society (Hayden) Sellersburg Animal Control (Sellersburg) ty (Experiment) Pocatello Animal Control (Pocatello) Shelbyville/Shelby County Animal Shelter Humane Society’s Mountain Shelter Second Chance Animal Shelter (Payette) (Shelbyville) (Blairsville) Twin Falls Humane Society (Twin Falls) South Bend Animal Care and Control Humane Society of Moultrie-Colquitt ILLINOIS (South Bend) County (Moultrie) Alton Area Animal Aid Associaton (God- St. Joseph County Humane Society Humane Society of Northwest Georgia frey) (Mishawaka) (Dalton) Anderson Animla Shelter (South Elgin) Starke County Humane Society (North Lookout Mountain Animal Resources, Inc. The Anti-Cruelty Society (Chicago) Judson) (Menlo Chicago Animal Care and Controll (Chi- Steuben County Humane Society, Inc. (An- Lowndes County Animal Welfare (Val- cago) gola) dosta) Community Animal Rescue Effort (Evans- Tippecanoe County Humane Society (La- Okefenokee Humane Society (Waycross) ton) fayette) Pet Partners of Habersham, Inc. (Cornelia) Cook County Department of Animal and Vanderburgh Humane Society, Inc. (Evans- Pound Puppies N Kittens (Oxford) Rabies Control (Bridgeview) ville) Rescuing Animals in Need, Inc. (Buford) Friends Forever Humane Society (Free- Wells County Humane Society, Inc. Rockdale County Animal Care and Control port) (Bluffton) (Conyers) Hindsdale Humane Society (Hinsdale) KANSAS Small Dog Rescue/Adoption (Cumming) Homes for Endangered and Lost Pets (St. Animal Heaven (Merriam) Society of Human Friends of Georgia, Inc. Charles) Arma Animal Shelter (Arma) (Lawrenceville) Humane Society of Winnebago County Caring Hands Humane Society (Newton) Toccoa-Stephens County Animal Shelter (Rockford) Chanute Animal Control Department (Tocco) Illinois Federation of Humane Society (Ur- (Chanute) Town of Chester (Chester) bana) City of Kinsley Animal Shelter (Kinsley) Vidalia Animal Control (Vidalia) Illinois Humane Political Action Com- Finney County Humane Society (Garden Washington-Wilkes Animal Shelter (Wash- mittee (Mahomet) City) ington) Kankakee County Humane Society Ford County Humane Society (Dodge City) HAWAII (Kankalee) Heart of America Humane Society (Over- Hawaii Island Humane Society (Kailua- Metro East Humane Society (Edwardsville) land Park) Kona) Naperville Animal Control (Naperville) Hutchinson Humane Society (Hutchinson) Hawaii Island Humane Society (Keaau) Peoria Animal Welfare Shelter (Peoria) Kansas Humane Society of Wichita (Wich- Hawaiian Humane Society (Honolulu) Peoria Humane Society (Poeria) ita) Hauai Humane Society (Lihue) PetEd Humane Education (Hinsdale) Lawrence Humane Society (Lawrence) Quincy Humane Society (Quincy) The Maui Humane Society (Puunene) Leavenworth Animal Society (Leaven- South Suburban Humane Society (Chicago West Hawaii Humane Society (Kailua- worth) Heights) Kona) Medicine Lodge Animal Shelter (Medicine Tazewell Animal Protective Society Lodge) IOWA (Pekin) Neosho County Sheriff’s Office (Erie) Animal Control (Creston) West Suburban Humane Society (Downers Salina Animal Shelter (Salina) Animal Lifeline of Iowa, Inc. (Carlisle) Grove) S.E.K. Humane Society (Pittsburg) Animal Protection Society of Iowa (Des Winnebago County Animal Services (Rock- Southeast Kansas Humane Society (Pitts- Moines) ford) burg)

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KENTUCKY Labrador Retriever Rescue, Inc. (Clinton) Isanti County Humane Society (Cam- Boone County Animal Control (Burlington) Prince George’s County Animal Welfare bridge) Friends of the Shelter/SPCA Kentucky League (Forestville) Minnesota Valley Humane Society (Burns- (Florence) Shady Spring Kennels and Camp for Dogs ville) Humane Society of Nelson County (Woodbine) Second Chance Animal Rescue (White Bear (Bardstown) St. Mary’s Animal Welfare League, Inc. Lake) Jefferson County Animal Control and Pro- (Hollywood) Waseca County Humane Society (Waseca) tection (Louisville) MAINE MISSOURI Kentucky Coalition for Animal Protection, The Ark Animal Shelter (Cherryfield) Afton Veterinary Clinic (St. Louis) Inc. (Lexington) Boothbay Region Humane Society The Alliance for the Welfare of Animals Lexington Humane Society (Lexington) (Boothbay Harbor) (Springfield) Marion County Humane Society Inc. (Leb- Bucksport Animal Shelter (Bucksport) Animal House Veterinary Hospital (Ar- anon) Greater Androscoggiin Humane Society nold) McCracken County Humane Society, Inc. (Auburn) Animal Protective Association of Missouri (Paducah) Houlton Humane Society (Houlton) (St. Louis) Muhlenberg County Humane Society Humane Society-Waterville Area Audrain Humane Society (Mexico) (Greenville) (Waterville) Boonville Animal Control Shelter Woodford Humane Society (Versailles) Kennebec Valley Humane Society (Au- (Boonville) LOUISIANA gusta) Callaway Hills Animal Shelter (New Calcasieu Parish Animal Control and Pro- Maine Friends of Animals (Falmouth) Bloomfield) tection Department (Lake Charles) Penobscot Valley Humane Society (Lin- Caruthersville Humane Society Cat Haven, Inc. (Baton Rouge) coln) (Caruthersville) Columbia Lowndes Humane Society (Co- City of Bossier Animal Control (Bossier MICHIGAN City) lumbus) Adopt-A-Pet (Allegan) Coalition of Louisiana Advocates (Pine- Dent County Animal Welfare Society Animal Placement Bureau (Lansing) ville) (Salem) Capital Area Humane Society (Lansing) Don’t Be Cruel Sanctuary (Albany) Dogwood Animal Shelter (Camdenton) East Baton Rouge Parish Animal Control The Cat Connection (Berkley) Humane Society of Missouri (St. Louis) Concern for Criters (Battle Creek) Center (Baton Rouge) Humane Society of the Ozarks (Farm- Humane Society Adoption Center (Monroe) Friends for Felines Inc. (Lansing) ington) Iberia Humane Society (New Iberia) Grosse Point Animal Adoption Society Humane Society of Southeast Missouri Jefferson Parish Animal Shelters (Jeffer- (Grosse Pointe Farms) (Cape Girardeau) son) Humane Society of Bay County, Inc. (Bay Jefferson County Animal Control Jefferson SPCA (Jefferson) City) (Barnhart) League in Support of Animals (New Orle- Humane Society of Huron Valley (Ann Lebanon Humane Society (Lebanon) ans) Arbor) Lee’s Summit Municipal Animal Shelter Louisiana SPCA (New Orleans) Humane Society of Kent County (Walker) (Lee’s Summit) Natchitoches Humane Animal Shelter Humane Society of Southwest Michigan Marshall Animal Shelter (Marshall) (Natchitoches) (Benton Harbor) Northeast Missouri Humane Society (Han- Spay Mart, Inc. (New Orleans) Inkster Animal Control (Inkster) nibal) St. Bernard Parish Animal Control Iosco County Animal Control (Taws City) Olde Towne Fenton Veterinary Hospital (Chalmette) Kalamazoo Humane Society (Fenton) St. Charles Humane Society (Destrehan) Lenawee Humane Society (Adrian) Open Door Animal Sanctuary (House St. Tammany Humane Society (Covington) Menominee Animal Shelter (Menominee) Springs) Michigan Animal Adoption Network Pound Pals (St. Louis) MASSACHUSETTS (Livonia) Saline Animal League (Marshall) Alliance for Animals (Boston) Michigan Animal Rescue League (Pontiac) Sikeston Bootheel Humane Society Animal Shelter Inc. (Sterling) Michigan Humane Society (Westland) (Sikeston) Baypath Humane Society of Hopkinton, Michigan Humane Society (Rochester St. Charles Humane Society (St. Charles) Inc. (Hopkinton) Hills) St. Joseph Animal Control and rescue (St. The Buddy Dog Humane Society, Inc. (Sud- Midland County Animal Control (Midland) Joseph) bury) Mid-Michigan Animal Welfare League St. Louis Animal Rights Team (St. Louis) CEASE (Somerville) St. Peters Animal Control (St. Peters) (Standish) Faces Inc. Dog Rescue and Adoption (West Wayside Waifs (Kansas City) Ottawa Shores Humane Society (West Springfield) Olive) MISSISSIPPI Faxon Animal Rescue League (Fall River) Pet Connection Humane Society (Reed Cedarhill Animal Sanctuary, Inc. (Cal- Lowell Humane Society (Lowell) edonia) MSPCA (Boston) City) Forest County Humane Society (Hatties- New England Animal Action, Inc. (Am- Roscommon County Animal Shelter burg) herst) (Roscommon) Humane Society of South Mississippi North Attleboro Animal Control/Shelter The Safe Harbor Haven Inc./Rottweiler (Gulfport) (N. Attleboro) Hope (Grand Ledge) Mississippi Animal Rescue League (Jack- North Shore Feline Rescue (Middleton) St. Clair Shores Emergency Dispatchers son) South Shore Humane Society, Inc. (Brain- (St. Clair Shores) tree) St. Joseph County Animal Control (Centre- MONTANA ville) MARYLAND Anaconda Police Department-Animal Con- WAG Animal Rescue (Wyandotte) trol Animal Advocates of Howard County Wonderful Humane Society (Cadillac) Animal Welfare League of Montana (Bil- (Ellicott City) MINNESOTA lings) Bethany Centennial Animal Hospital Bitter Root Humane Association (Ham- (Ellicott City) Almost Home Shelter (Mora) ilton) Caroline County Humane Society (Ridgely) Animal Allies Humane Society (Duluth) Bright Eyes Care and Rehab Center, Inc. Charles County Animal Control Services Beltrami Humane Society (Bemidji) (Choteau) (La Plata) Bernese Mountain Dog Club of the Greater Humane Society of Cascade County (Great Harford County Animal Control (Bel Air) Twin Cities (St. Paul) Humane Society of Baltimore County Brown County Humane Society (New Ulm) Falls) Humane Society of Park County (Living- (Reistertown) Carver-Scott Humane Society (Chaska) Humane Society of Carroll County, Inc. Clearwater County Humane Society ston) Mission Valley Animal Shelter (Polson) (Westminister) (Bagley) Montana Spay/Neuter Taskforce (Victor) The Humane Society of Charles County Doberman Rescue Minnesota (Prior Lake) Missoula Humane Society (Missoula) (Waldorf) Friends of Animal Humane Society of PAWHS (Deerlodge) The Humane Society of Dorchester Coun- Carlton County, Inc. (Cloquet) ty, Inc. (Cambridge) Hibbing Animal Shelter (Hibbing) NORTH CAROLINA The Humane Society of Harford County Humane Society of Otter Tail County (Fer- Animal Protection Society of Orange (Fallston) gus Falls) County (Chapel Hill) Humane Society of Southern Maryland Humane Society of Polk County, Inc. Carolina Animal Protection Society of (Temple Hills) (Crookston) Onslow county, Inc. (Jacksonville) Humane Society of Washington County The Humane Society of Wright County Carteret County Humane Society, Inc. (Maugansville) (Buffalo) (Morehead City)

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.108 pfrm02 PsN: S12PT1 S634 CONGRESSIONAL RECORD — SENATE February 12, 2002 Charlotte/Mecklenburg Animal Control Peoples’ Anti-Cruelty Association (Albu- Lake County Dog Shelter (Painesville) Bureau (Charlotte) querque) Lake County Humane Society, Inc. (Men- Forsyth County Animal Control (Winston- Rio Grand Animal Humane Association, tor) Salem) Inc. (Los Lunas) Marion County Humane Society (Marion) Henderson County Humane Society (Hen- Roswell Humane Society (Roswell) Maumee Valley Save-A-Pet (Waterville) dersonville) San Juan Animal League (Farmington) Medina County Animal Shelter (Medina) Humane Society of Rowan County (Salis- Santa Fe Animal Shelter and Humane So- Miami County Animal Shelter (Troy) bury) ciety Monroe County Humane Society Justice For Animals, Inc. (Raleigh) NEVADA (Woodsfield) Moore Humane Society (Southern Pines) Carson/Eagle Valley Humane Society (Car- Montgomery County Animal Shelter (Day- North Carolina Animal/Rabies Control As- son City) ton) sociation (Raleigh) Nevada Humane Society (Sparks) Morrow County Humane Society (Mt. SPCA of Wake County (Garner) Gilead) Wake County Animal Control (Raleigh) NEW YORK North Central Ohio Nature Preservation Watauga Humane Society (Blowing Rock) Animal Rights Advocates of Western New League (Mansfield) NORTH DAKOTA York (Amherst) North Coast Humane Society (Cleveland) The Caring Corps, Inc. (New York) Ohio County Dog Wardens’ Association Central Dakota Humane Society (Mandan) Chautauqua County Humane Society (Delaware) James River Humane Society (Jamestown) (Jamestown) Ohioans for Animal Rights (Eastlake) Souris Valley Humane Society (Minot) Chenango County SPCA (Norwich) PAWS (Middletown) NEBRASKA Columbia-Greene Humane Society (Hud- Paws and Prayers Per Rescue (Akron) Animal Rescue Society, Inc. (Lincoln) son) Pet Birth Control Clinics (Cleveland) Capital Humane Society (Lincoln) Elmore SPCA (Peru) Pet-Guards Shelter (Cuyahoga Falls) Care Seekers (Omaha) Finger Lakes SPCA of Central New York Portage County Animal Protective League Central Nebraska Humane Society (Grand (Auburn) (Ravenna) Island) The Fund for Animals (New York) Portage County Dog Warden (Ravenna) Coalition for Animal Protection, Inc. Humane Society of Rome (Rome) Rescue, Rehabilitation and Release Wild- (Omaha) New York State Animal Control Associa- life Center (New Philadelphia) Dodge County Humane Society (Fremont) tion (Oswego) Sandusky County Dog Warden (Fremont) Hearts United for Animals (Auburn) New York State Humane Association The Scratching Post (Cincinnati) McCook Humane Society (McCook) (Kingston) Society for the Improvement of Conditions Nebraska Border Collie Rescue (Bellevue) People for Animal Rights, Inc. (Syracuse) for Stray Animals (Kettering) Nebraska Humane Society (Omaha) SPCA of Catt County (Olean) SPCA Cincinnati (Cincinnati) Panhandle Humane Society (Scottsbluff) St. Francis Animal Shelter, Inc. (Buffalo) Stark County Humane Society (Louisville) White Rose Sanctuary (Gordon) OHIO Their Caretakers (DeGraff) NEW HAMPSHIRE Angles for Animals (Greenford) Toledo Area Humane Society (Maumee) Tuscarawas County Dog Pound (New Phila- Animal Rescue League of New Hampshire Animal Adoption Foundation (Hamilton) delphia) (Bedford) Animal Charity (Youngstown) Wayne County Humane Society (Wooster) Cocheco Valley Humane Society (Dover) Animal Control of Brook Park (Brook Wester Reserve Humane Society (Euclid) Collage (Nashua) Park) Animal Control-City of Middleburg Wood County Humane Society (Bowling Concord-Merrimack County SPCA (Con- Heights (Middleburg Heights) Green) cord)] Animal Protection Guild (Canton) Wyandot County Humane Society, Inc. Conway Area Humane Society (Center Animal Protective League (Cleveland) (Sandusky) Conway) The Animal Shelter Society, Inc. (Zanes- Greater Derry Humane Society, Inc. (East OKLAHOMA ville) Derry) Animal Aid of Tulsa, Inc. (Tulsa) Alter Pet Inc. (Sharon Center) Humane Society of Greater Nashua (Nash- Ashtabula County Humane Society (Jeffer- Enid SPCA (Enid) ua) son) Home at Last Organization (Tulsa) Manchester Animal Shelter (Manchester) Athens County Humane Society (Athens) Humane Society of Cherokee County (Tah- Monadnock Humane Society (W. Swanzey) Belmont County Animal Shelter (St. lequah) New Hampshire Animal Rights League, Clairsville) Oklahoma Humane Federation (Oklahoma Inc. (Concord) Brown County Animal Shelter (George- City) The New Hampshire Doberman Rescue town) Partners for Animal Welfare Society League, Inc. (Rochester) Canine Therapy Companions (Wooster) (McAlester) New Hampshire Humane Society (Laconia) Capital Area Humane Society (Hilliard) PAWS (Muskogee) New Hampshire SPCA (Stratham) Carroll County Humane Society Petfinders Animal Welfare Society, Inc. Salem Animal Rescue League (North (Carrollton) (Moore) Salem) City of Cleveland Dog Kennels (Cleveland) Promoting Animal Welfare Society, Inc. Solutions to Overpopulation of Pets, Inc. Crawford County Humane Society (Muskogee) (Concord) (Bucyrus) Stephens County Humane Society (Dun- Sullivan County Humane Society (Clare- Darke County Animal Shelter (Greenville) can) mont) Erie County Dog Pound (Sandusky) Volunteers for Animal Welfare, Inc. (Okla- White Mountain Animal League (Fran- Euclid Animal Shelter (Euclid) homa City) conia) Gallia County Animal Welfare League OREGON NEW JERSEY (Gallipolis) Hood River County Sheriff’s Department Animal Welfare Federation of New Jersey Harrison County Dog Warden (Codiz) (Hood River) (Montclair) Hearts and Paws (Canal Fulton) Humane Society of Allen County (Lima) Associated Humane Societies (Newark) Henry County Humane Society (Napoleon) Humane Society of Central Oregon (Bend) Cumberland County SPCA (Vineland) Humane Association of Butler County Humane Society of Williamette Valley Humane Society of Atlantic County (At- (Trenton) (Salem) lantic County) Humane Association of Warren County Jackson County Animal Shelter (Phoenix) Hunterdon County SPCA (Milford) (Lebanon) Lakeview Police Department (Lakeview) Monmouth County SPCA (Eatontown) Humane Society of Delaware County (Dela- Multnomah County Animal Control Parsippany Animal Shelter (Parsippany) ware) (Troutdale) Paws for a Cause (Brick) Humane Society of Erie County (San- Oregon Humane Society (Portland) dusky) NEW MEXICO South Coast Humane Society (Brookings) Humane Society of Greater Dayton (Day- Wallowa County Humane Society (Enter- Animal Aid Association of Cibola County ton) prise) (Milan) Humane Society of Guernsey County (Cam- Cimarron Police Animal Control (Cim- bridge) PENNSYLVANIA arron) Humane Society of the Ohio Valley (Mari- Antietam Humane Society, Inc. (Waynes- Deminig/Luna County Humane Society etta) boro) (Derming) The Humane Society of Ottawa County Beaver County Humane Society (Monaca) Dona Ana County Humane Society (Las (Port Clinton) Bradford County Humane Society (Ulster) Cruces) Humane Society of Preble County (Eaton) Chester County SPCA (West Chester) Homeless Animal Rescue Team, Inc. (Los Humane Society of Sandusky County (Fre- Cumberland Valley Animal Shelter (Cham- Lunas) mont) bersburg)

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.110 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S635 Humane Society at Lackawanna County Animal Shelter and Adoption Center of Tazewell County Animal Shelter (Taze- (Clarks Summit) Galveston Island, Inc. (Galveston) well) Lehigh Valley Animal Rights Coalition Affordable Companion Animal Neutering Vinton Police Department—Animal Con- (Allentown) (Austin) trol (Vinton) The Pennsylvania SPCA (Philadelphia) Canyon Lake Animal Shelter Society (Can- Virginia Beach SPCA (Virginia Beach) The Pennsylvania SPCA (Stroudsburg) yon Lake) Wildlife Center of Virginia (Waynesboro) Ruth Stein Memorial SPCA (Pottsville) Central Texas SPCA (Cedar Park) Williamsburg-James City County Animal SPCA of Luzerne County (Wilkes Barre) Citizens for Animal Protection (Houston) Control (Williamsburg) Western Pennsylvania Westie Rescue Com- City of Brownsville-Animal Control VERMONT mittee (New Castle) (Brownsville) Addison County Humane Society Women’s Humane Society (Bensalem) City of Hurst Animal Services (Hurst) (Middlebury) York County SPCA (Thomasville) City Nacogdoches Animal Shelter (Hous- Caledonia Animal Rescue (St. Johnsbury) ton) RHODE ISLAND Central Vermont Humane Society (Mont- City of West University Place (Houston) Animal Rescue League of SRI (Wakefield) pelier) Doggiemom Rescue (Dallas) Potter League for Animals (Newport) Collie Rescue League of New England Find-A-Pet (Dallas) Providence Animal Control Center (Provi- (Bradford) Guadalupe County Humane Society (Se- dence) Elizabeth H. Brown Humane Society, Inc. quin) Warren Animal Shelter (Warren) (St. Johnsbury), Harker Heights Animal Control (Harker Endtrap (White River Junction) SOUTH CAROLINA Heights) Green Mountain Animal Defenders (Bur- The Animal Mission (Columbia) Homeless Pet Placement League (Houston) lington) Animal Protection League of South Caro- H.O.R.S.E.S. in Texas (Chico) Humane Society of Chittenden County lina (Hopkins) Houston Dachshund Rescue (Spring) (South Burlington) Beaufort County Animal Shelter and Con- Houston Humane Society (Houston) The Nature Network (North Pomfret) trol (Beaufort) Houston SPCA (Houston) Rutland County Humane Society Blue Ridge Animal Fund (Travelers Rest) Humane Society of El Paso (El Paso) (Pittsford) City of Aiken Animal Control (Aiken) Humane Society of Greater Dallas (Dallas) Rutland Police Department-Animal Con- Columbia Animal Shelter (Columbia) Humane Society of Harlingen (Harlingen) trol (Rutland) Concerned Citizens for Animals Humane Society of Montgomery County Second Chance Animal Center (Shaffsbury) (Simpsonville) (Conroe) Vermont Volunteer Services for Animals Grand Strand Humane Society (Myrtle Humane Society of Navarro County (Cor- (Woodstock) Beach) sicana) Windham County Humane Society The Greenville Humane Society (Green- Humane Society of North Texas (Fort (Brattleboro) ville) Worth) Hanahan Animal Control Office/Animal Humane Society of Tom Green County WASHINGTON Shelter (Hanahan) (San Angelo) Animal Protection Society (Friday Harbor) Hilton Head Humane Association (Hilton Jasper Animal Rescue (Jasper) City of Hoquiam’s Animal Control Head Island) Lubbock Animal Services (Lubbock) Ellensburg Animal Shelter (Ellensburg) Humane Society of Marion County (Mar- Metroport Humane Society (Roanoke) Humane Society of Central Washington ion) North Central Texas Animal Shelter Coali- (Yakima) Humane Society of the Midlands (Colum- tion (Fort Worth) The Humane Society of Seattle/King Coun- bia) Operation Kindness Animal Shelter ty (Bellevue) The Humane Society of North Myrtle (Carrollton) Humane Society of Skagit Valley (Bur- Beach (North Myrtle Beach) Paws Shelter for Animals (Kyle) lington) Kershaw County Humane Society (Cam- SPCA of Texas (Dallas) Kindred Spirits Animal Sanctuary den) Texas Federation of Humane Society (Aus- (Suquamish) Lancaster County Animal Control tin) NOAH (Stanwood) (Kershaw) Waco Humane Society and Animal Shelter Progressive Animal Welfare Society Lexington Animal Services (Lexington) (Waco) (Lynnwood) Nutritional Medicine Center (North VIRGINIA SpokAnimal C.A.R.E. (Spokane) Charleston) Wenatchee Valley Humane Society Animal Assistance League (Chesapeake) South Carolina Animal Care and Control (Wenatchee) Animal Welfare League of Alexandria (Al- Association (Columbia) Whatcom Humane Society (Bellingham) exandria) The Spay/Neuter Association, Inc. (Colum- Caring for Creatures (Palmyra) WISCONSIN bia) Charlottesville-Albemarle SPCA (Char- Alliance for Animals (Madison) St. Francis Humane Society (Georgetown) lottesville) Bay Area Humane Society and Animal Walter Crowe Animal Shelter (Camden) Danville Area Humane Society (Danville) Shelter, Inc. (Green Bay) SOUTH DAKOTA For the Love of Animals in Goochland Cats International (Cedarburg) Aberdeen Area Humane Society (Aberdeen) (Manakin-Sabot) Chippewa County Humane Association Beadle County Humane Society (Huron) Henrico Humane Society (Richmond) (Chippewa Falls) Humane Society of the Black Hills (Rapid Heritage Humane Society (Williamsburg) Clark County Humane Society (Neillsville) City) Humane Society Montgomery County Coulee Region Humane Society, Inc. (La- TENNESSEE (Blacksburg) Crosse) Humane Society/SPCA of Nelson County Dane County Humane Society (Madison) Animal Protection Association (Memphis) (Arrington) Eastshore Humane Association (Chilton) Companion Animal Support Services Isle of Wight County Humane Society Eau Claire County Humane Association (Nashville) (Smithfield) (Eau Claire) Fayette County Animal Rescue (Rossville) Lynchburg Humane Society Inc. (Lynch- Elm Brook Humane Society (Brookfield) Greenville-Greene County Humane Society burg) Fox Valley Humane Association Ltd (Ap- (Greenville) Madison County Humane Society (Madi- pleton) Hardin County Humane Society (Savan- son) Humane Society of Marathon County nah) The National Humane Education Society (Wausan) Hickman Humane Society (Centerville) (Leesburg) Lincoln County Humane Society Inc. (Mer- Humane Society of Cumberland County New Kent Sherrif’s Department (New Kent) rill) (Crossville) Page County Animal Shelter (Stanley) Northwoods Humane Society (Hayward) Humane Society of Dickson County Peninsula SPCA (Newport News) Ozaukee Humane Society (Grafton) (Dickson) Portsmouth Police Animal Control (Ports- The Pepin County Humane Society Humane Society of Dover-Stewart County mouth) (Durand) (Dover) Potomac Animal Allies, Inc. (Woodbridge) Rock County Humane Society (Janesville) Nashville Humane Association (Nashville) Prevent a Litter Coalition, Inc. (Reston) Rusk County Animal Shelter (Ladysmith) North Central Tennessee Spay and Neuter Smyth County Humane Society (Marion) Shawano County Humane Society (West Lafayette) SPCA of Northern Virginia (Arlington) (Shawano) Tennessee Humane Association (Knoxville) SPCA of Martinsville-Henry County Washburn County Area Humane Society TEXAS (Martinsville) (Spooner) Animal Adoption Center (Garland) SPCA of Winchester, Frederick and Clarke Washington County Humane Society Animal Connection of Texas (Dallas) Counties (Winchester) (Slinger) Animal Defense League (San Antonio) Suffolk Animal Control Shelter (Suffolk) Wisconsin Humane Society (Milwaukee)

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.112 pfrm02 PsN: S12PT1 S636 CONGRESSIONAL RECORD — SENATE February 12, 2002 WEST VIRGINIA The PRESIDING OFFICER. Without [Rollcall Vote No. 26 Leg.] Brooke County Animal Welfare League objection, the amendment will be so YEAS—17 (Wellsburg) modified. Akaka Harkin Nelson (FL) Federation of Humane Organizations of The amendment, as modified, is as Brownback Hollings Reid West Virginia (Mineral Wells) follows: Carnahan Hutchison Roberts Hampshire County Pet Adoption Program Graham Inouye Voinovich (Paw Paw) (Purpose: To provide equity and fairness for Grassley Kohl Wyden Hancock County Animal Shelter New Cum- the promotion of imported Hass avocados) Hagel Mikulski berland) At the appropriate place insert the fol- NAYS—80 Humane Society of Harrison County lowing: Allard Dodd Lugar (Shinnston) Section 1205 of the Hass Avocado Pro- Allen Dorgan McCain Humane Society of Morgan County (Berke- motion, Research, and Information Act (con- Baucus Durbin McConnell ley Springs) tained in H.R. 5426 of the 106th Congress, as Bayh Edwards Miller Humane Society of Parkersburg (Parkers- introduced on October 6, 2000 and as enacted Biden Ensign Murkowski burg) Bingaman Enzi Murray by Public Law 106–387) is amended— the Humane Society of Pocahontas County Bond Feingold Nelson (NE) (Hillsboro) (1) in paragraph (b)(2) strike subparagraph Boxer Feinstein Nickles Humane Society of Raleigh County (Beck- (C) and insert in lieu thereof: Breaux Fitzgerald Reed Bunning Frist Rockefeller ley) (C)FUTURE ALLOCATION.—After five years, the USDA has discretion to revisit the issue Burns Gramm Santorum Jackson County Humane Society/Jackson Byrd Gregg Sarbanes County Animal Shelter (Cottageville) of seat allocation on the board. Campbell Hatch Schumer Jefferson County Animal Control (2) in paragraph (h)(1)(C)(iii) by striking Cantwell Helms Shelby (Keaneysville) everything in the first sentence following Carper Hutchinson Smith (NH) Kanawha/Charleston Humane Association ‘‘shall’’ and inserting in lieu thereof ‘‘be paid Chafee Inhofe Smith (OR) (Charleston) not less than 30 days after the avocado clears Cleland Jeffords Snowe Marshall County Animal Rescue League customs, unless deemed not feasible as deter- Clinton Johnson Specter mined by the Commissioner of Customs in Cochran Kennedy Stabenow (Glen Dale) Collins Kerry Stevens Monroe County Animal League, Inc. consultation with the Secretary of Agri- Conrad Kyl Thomas (Union) culture.’’ Corzine Landrieu Thompson Morgantown Animal Control (Morgantown) Mr. GRAMM. This is a very simple Craig Leahy Thurmond Ohio County animal Shelter (Triadelphia) Crapo Levin Torricelli Ohio County SPCA (Triadelphia) amendment that tries to bring equity Daschle Lieberman Warner Ohio County SPCA (Wheeling) to Mexican producers of avocados by Dayton Lincoln Wellstone Putnam County Humane Society, Inc. collecting the fee in the same way on DeWine Lott (Scott Depot) imported avocados as we do on domes- NOT VOTING—3 TLC Animal Sanctuary (Clendenin) tically grown avocados. It also gives Bennett Domenici Sessions Upshur County Humane Society the Department of Agriculture an op- The amendment (No. 2856) was re- (Buckhannon) portunity in 5 years to look at the rep- Wetzel County Humane Society (New jected. resentation on the board that spends Martinsville) Mr. LUGAR. I move to reconsider the the money to promote avocados. WYOMING vote, and I move to lay that motion on I thank the Senator from California, Animal Care Center (Laramie) the table. Caring for Powell Animals (Powell) Mrs. FEINSTEIN, for working with me. I The motion to lay on the table was Cheyenne Animal Shelter commend it to my colleagues. agreed to. Dare to Care Animal League (Riverton) The PRESIDING OFFICER. The AMENDMENT NO. 2845 Humane Society of Park County (Cody) question is on agreeing to the amend- The PRESIDING OFFICER. The Lander Pet Connection, Inc. (Lander) ment. Laramie Animal Shelter (Laramie) question is on agreeing to the under- PAWS of Jackson Hole (Jackson) The amendment (No. 2849), as modi- lying amendment No. 2845. Wyoming Advocates for Animals fied, was agreed to. The amendment (No. 2845) was agreed (Cheyenne) Mr. GRAMM. I move to reconsider to. The PRESIDING OFFICER. If there the vote. Mr. LUGAR. I move to reconsider the is no further debate, the question is on Mr. LUGAR. I move to lay that mo- vote. agreeing to the amendment as further tion on the table. Mr. HARKIN. I move to lay that mo- modified. The motion to lay on the table was tion on the table. The amendment (No. 2542), as further agreed to. The motion to lay on the table was modified, was agreed to. AMENDMENT NO. 2856 agreed to. Mr. HARKIN. Mr. President, I move Mr. HARKIN. Parliamentary inquiry: Mr. REID. Mr. President, I suggest to reconsider the vote. What now is before the Senate? the absence of a quorum. Mr. LUGAR. I move to lay that mo- The PRESIDING OFFICER. Amend- The PRESIDING OFFICER. The tion on the table. ment No. 2856, offered by the Senator clerk will call the roll. The motion to lay on the table was from Iowa. The legislative clerk proceeded to agreed to. Mr. REID. I ask for the yeas and call the roll. Mr. REID. Mr. President, I suggest nays. Mr. REID. Mr. President, I ask unan- the absence of a quorum. imous consent the order for the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The quorum call be rescinded. sufficient second? clerk will call the roll. The PRESIDING OFFICER. Without There is a sufficient second. The assistant legislative clerk pro- objection, it is so ordered. ceeded to call the roll. The question is on agreeing to the The Senator from Georgia. amendment. Mr. REID. Mr. President, I ask unan- AMENDMENT NO. 2832, AS FURTHER MODIFIED The clerk will call the roll. imous consent that the order for the Mr. MILLER. Mr. President, I ask The legislative clerk called the roll. quorum call be rescinded. unanimous consent to further modify The PRESIDING OFFICER. Without Mr. NICKLES. I announce that the amendment No. 2832, offered by Sen- objection, it is so ordered. Senator from New Mexico (Mr. DOMEN- ator CLELAND and myself. Mr. LUGAR. Mr. President, I ask the ICI) the Senator from Alabama (Mr. The PRESIDING OFFICER. Is there Chair to bring us to consideration of SESSIONS), and the Senator from Utah objection? the Gramm amendment No. 2849. (Mr. BENNETT) are necessarily absent. Without objection, it is so ordered. The PRESIDING OFFICER. That The PRESIDING OFFICER (Mr. NEL- The amendment, as further modified, amendment is now pending. SON of Nebraska). Are there any other is as follows: The Senator from Texas. Senators in the Chamber desiring to On page 120, line 3, strike ‘‘$0.10’’ and in- AMENDMENT NO. 2849, AS MODIFIED vote? sert ‘‘$0.11’’. Mr. GRAMM. I send a modification to The result was announced—yeas 17, On page 112, strike lines 20 through 25 and the desk. nays 80, as follows: insert the following:

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.113 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S637 ‘‘(A) a designated marketing association of Mr. LUGAR. I move to reconsider the amendment No. 2834 dealing with peanut producers that is approved by the vote. organics. We have a Kerry-Snowe Secretary, which may own or construct nec- Mr. REID. I move to lay that motion amendment No. 2852 dealing with com- essary storage facilities. In the Southeast on the table. mercial fisheries, and we have an and Southwest areas, such designated mar- keting association shall be operated pri- The motion to lay on the table was Inhofe amendment No. 2825 dealing marily on behalf of peanut producers. The agreed to. with peanuts. That is all I have on my designated area marketing association shall The PRESIDING OFFICER. The Sen- list. I ask Senator LUGAR if he has any- be allowed to form marketing pools for pea- ator from Indiana. thing else. nuts by type and quality, including the cre- AMENDMENT NO. 2848 WITHDRAWN Mr. LUGAR. That is my under- ation of a separate pool for Valencia peanuts Mr. LUGAR. Mr. President, I ask standing. I believe, in addition, another in New Mexico; amendment will be offered in relation (B) the Farm Service Agency; or unanimous consent that amendment (C) a loan servicing agent approved by the No. 2848, offered by Senator GRAMM of to the Kyl-Nickles amendment on es- Secretary. Texas, be withdrawn. tate taxes. On page 112, after line 25, insert the fol- The PRESIDING OFFICER. Is there Mr. HARKIN. A second degree? lowing: objection? Mr. LUGAR. A second-degree amend- ‘‘(6) LOAN SERVICING AGENT.—If approved by Without objection, it is so ordered. ment. But there will be votes on both a majority of historical peanut producers in of those; that is, they will be side by a State voting in a referendum conducted by Mr. LUGAR. I thank the Chair. The PRESIDING OFFICER. The Sen- side in the debate. the Secretary, as a condition of the Sec- Mr. HARKIN. Mr. President, we are retary’s approval of an entity to serve as a ator from Nevada. loan servicing agent or to handle or store Mr. REID. Mr. President, what is the now on the Kyl amendment No. 2850. I peanuts for producers that receive any mar- matter now before the Senate? ask the assistant majority leader if we keting loan benefits in the State, the entity The PRESIDING OFFICER. Amend- could enter into a time agreement to shall agree to provide adequate storage (if ment 2825, offered by the Senator from bring this to a close. available) and handling of peanuts at the Oklahoma. The Senator from Iowa. Mr. REID. If I could respond to the commercial rate to other approved loan serv- manager of the bill for the majority, AMENDMENT NO. 2853 icing agents and marketing associations. we attempted to get a time agreement. Mr. HARKIN. Mr. President, I ask On page 116, strike lines 6 through 15 and We could not do that. We agreed to unanimous consent that the pending insert the following: having 30 minutes equally divided. This ‘‘(h) AREA MARKETING ASSOCIATION amendment be laid aside and that the matter has been debated endlessly for COSTS.—If approved by a majority of histor- Harkin amendment No. 2853 be called the past several weeks. I think we have ical peanut producers in a State voting in a up. heard about all there is to hear. I referendum conducted by the Secretary, the The PRESIDING OFFICER. Without Secretary shall deduct in a marketing assist- would hope that those people who are objection, it is so ordered. ance loan made to an area marketing asso- in favor of this legislation would speak, Mr. HARKIN. Mr. President, this ciation in a marketing area in the State and those opposed to it. Senator such costs as the area marketing association amendment deals with a change, and CONRAD is going to speak. He has an al- may reasonably incur in carrying out the re- that has to do with the equity portion ternative. The proposal is, we would sponsibilities, operations, and activities of of a part of the farm bill that just vote on his and, following that vote, on the association and Commodity Credit Cor- changes the mix a little bit to cover the underlying Kyl amendment. poration under this section. cities up to 100,000. ‘‘(i) DEFINITION OF COMMINGLE.—In this sec- Mr. HARKIN. I ask the leader, could The PRESIDING OFFICER. Is there tion and section 158H, the term ‘commingle’, we move to that and debate that? further debate? with respect to peanuts, means— Mr. REID. Senator CONRAD has been ‘‘(1) the mixing of peanuts produced on dif- The question is on agreeing to on the floor for more than an hour. He ferent farms by the same or different pro- amendment No. 2853. is here someplace. He will be here mo- ducers; or The amendment (No. 2853) was agreed mentarily. But what he did say is he ‘‘(2) the mixing of peanuts pledged for mar- to. keting assistance loans with peanuts that would appreciate it if those who are Mr. HARKIN. Mr. President, I move proposing this legislation would move are not pledged for marketing assistance to reconsider the vote. loans, to facilitate storage. forward and then, when they have com- Mr. LUGAR. I move to lay that mo- ‘‘SEC. 158H. QUALITY IMPROVEMENT. pleted their statement, he would offer tion on the table. ‘‘(a) OFFICIAL INSPECTION.— the second degree, and we would go ‘‘(1) IN GENERAL.—All peanuts placed under The motion to lay on the table was from there. agreed to. a marketing assistance loan under section Senator KYL is here. 158G or otherwise sold or marketed shall be AMENDMENT NO. 2850 Mr. HARKIN. Senator KYL is here. officially inspected and graded by a Federal Mr. HARKIN. Mr. President, I call for or State inspector. Wonderful. Now we can move ahead. the regular order. Might I inquire ex- ‘‘(2) ACCOUNTING FOR COMMINGLED PEA- Get the Senator a podium. NUTS.—If approved by a majority of histor- actly what the regular order now is be- Mr. REID. I inquire through the ical peanut producers in a State voting in a fore the Senate? Chair to my friend, the Senator from referendum conducted by the Secretary, all The PRESIDING OFFICER. The reg- Arizona—he is going to speak—are peanuts stored commingled with peanuts ular order is amendment No. 2850 of- there others who wish to speak? covered by a marketing assistance loan in fered on behalf of Senators KYL and The PRESIDING OFFICER. The Sen- the State shall be graded and exchanged on NICKLES. ator from Arizona. a dollar value basis, unless the Secretary de- Mr. HARKIN. Mr. President, I under- Mr. KYL. Mr. President, in response termines that the beneficial interest in the peanuts covered by the marketing assistance stand that the pending amendment be- to the assistant majority leader, the loan have been transferred to other parties fore the Senate is the Kyl amendment answer is, yes. Senator GRAMM is pre- prior to demand for delivery. No. 2850 that deals with a sense of the pared to speak. I think Senator Mr. MILLER. Mr. President, I ask Senate on estate taxes; is that correct? HUTCHISON was here a moment ago. unanimous consent that Senators ED- The PRESIDING OFFICER. The Sen- Senator NICKLES will be back in about WARDS, WARNER, ALLEN, and SESSIONS ator is correct. a half hour. So until we know exactly be added as cosponsors and that the Mr. HARKIN. Mr. President, again, how many people want to speak, I am amendment, as further modified, be we are getting close to the end here. reluctant to enter into a time agree- agreed to. We only have a few amendments left ment. I don’t want to take all night, The PRESIDING OFFICER. Is there that I have on my list. Most of them but I don’t want to limit it at this objection? have been worked out. I thank all Sen- point. Without objection, it is so ordered. ators for helping to work out the If I could further propound an in- The question is on agreeing to amendments. I think we have basically quiry, it is my understanding we will amendment No. 2832, as further modi- the pending amendment, as I under- have separate votes on both the sec- fied. stand it. We have an amendment No. ond-degree amendment and on the Kyl- The amendment (No. 2832), as further 2851 offered by Senator DOMENICI deal- Nickles amendment. What I am un- modified, was agreed to. ing with dairy. We have the Leahy clear of is the effect of the Conrad

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.055 pfrm02 PsN: S12PT1 S638 CONGRESSIONAL RECORD — SENATE February 12, 2002 amendment and whether it would obvi- worked out where the Senator from Ar- The legislative clerk proceeded to ate the Kyl amendment. It is a little izona, Mr. KYL, would have a sense-of- call the roll. unclear by virtue of the language. I the-Senate resolution on making the Mr. LUGAR. Mr. President, I ask have only seen a handwritten copy of repeal of the death tax permanent and unanimous consent that the order for it. It would be helpful if we knew what that the Senator from North Dakota, the quorum call be rescinded. the effect of that is before we proceed. Mr. CONRAD, would have a parallel The PRESIDING OFFICER. Without Mr. REID. If I may respond to my measure with a sense of the Senate objection, it is so ordered. friend from Arizona, if the Conrad sec- about the Social Security trust fund, AMENDMENT NO. 2825, WITHDRAWN ond-degree amendment passes, then his and that we would have an opportunity Mr. LUGAR. Mr. President, I move amendment is gone. If it doesn’t pass, to vote on each so it would be tech- that the Inhofe amendment No. 2825 be then we would come back and vote on nically possible that both could go into withdrawn. his amendment. the bill. The PRESIDING OFFICER. Without Mr. KYL. Mr. President, if I had un- If, on the other hand, the Conrad objection, it is so ordered. derstood earlier, the idea would be to amendment is a substitute for the Kyl Mr. LUGAR. I thank the Chair. I sug- have a separate up-or-down vote on amendment and would, in the process gest the absence of a quorum. both. I thought that is what the agree- of being adopted, kill it, then what we The PRESIDING OFFICER. The clerk will call the roll. ment was. Am I incorrect? want is an up-or-down vote on the Kyl The legislative clerk proceeded to Mr. REID. I think the Senator from amendment. We certainly don’t object Arizona is correct. The Senator from call the roll. to an up-or-down vote on the Conrad Mr. KYL. Mr. President, I ask unani- North Dakota has decided he wanted to amendment. We don’t think it is rel- file a second-degree amendment. I mous consent that the order for the evant because 9 years from now, when quorum call be rescinded. would only say to my friend from Ari- this would go into effect, we will have zona, if you and those who have spoken The PRESIDING OFFICER. Without a surplus far larger than the repeal of objection, it is so ordered. on behalf of this legislative measure the death tax. But if we could do it for several weeks now have confidence AMENDMENT NO. 2850 where they are parallel, as I under- it has been elaborated upon several Mr. KYL. Mr. President, I anticipate stood we were going to do it, I think we times, you should be OK and have a a unanimous-consent request to be de- can get a time limit and finish our vote on yours. livered momentarily which will set the Mr. KYL. I am sorry. If the sugges- business. stage for the debate on the Kyl-Nickles If the Conrad amendment is a sub- tion was that we should have a vote, I amendment which I believe is the pend- stitute so that we are not going to get think there are folks who would like to ing business. But we do not need to to vote on a sense of the Senate to re- talk about this. waste time prior to that. We can actu- Mr. REID. I am sorry to interrupt. If peal the death tax, I don’t think we ally begin this discussion and lock that we could have some time agreement will get an agreement. in and proceed. With that under- from the proponents of this legislation, Mr. REID. Mr. President, we had an standing—and I have spoken to Sen- we would work out a side-by-side. agreement earlier today that was not ator CONRAD about this—I propose we Mr. KYL. Mr. President, I think at 7 effectuated with the consent of the begin the discussion on this amend- o’clock we should revisit this question Chair. We thought we had an agree- ment, and when the agreement is of a time agreement. We perhaps could ment on 30 minutes equally divided on ready, we can propound it to the body. enter into it. I want to wait until Sen- the first- and second-degree amend- Let me say by way of introduction, ator NICKLES returns. ments and there would be side-by-side and then I will yield to the Senator Mr. DORGAN. Will the Senator yield votes. The time agreements have bro- from Texas for some remarks, that the for an inquiry on that issue? ken down. Kyl-Nickles amendment is a sense of Mr. REID. I am happy to yield. We acknowledge that this issue has the Senate. We should finish the job we Mr. DORGAN. I would inquire, for been debated considerably. We are will- started last year and make the repeal purposes of scheduling this evening, I ing to give you an up-or-down vote. of the death tax permanent. understand the Senator’s point that But even though it is not relevant to As my colleagues will recall, because someone is now gone for a half an hour the farm bill, we believe there should the tax bill was considered under the and you might want to talk at 7 be a vote, it should transpire. But we reconciliation procedure, it could only o’clock about scheduling. Is there any want a time agreement. Otherwise, we last 10 years. That means that even way we might get some notion of are faced with an all-night session though we repealed the death tax in whether we will have votes, whether here, and it is not necessary. The Sen- that 10th year, after that, the bill sun- you are intending to accept the time ator from Arizona has told me in 25 sets and we go right back to the posi- agreement, so that if we are going to minutes he would agree to a time tion of the death tax as it existed last have votes later this evening we could agreement. So I think we should all year, with a 60-percent higher rate and get a sense of when that might be? cool our jets for a few minutes and see a $675,000 exemption. That is very un- Mr. REID. If I could respond to my if we can work our way through this. fair, it is very poor tax policy, and if friend, the majority leader wants to Mr. LUGAR. If I may respond to my we really meant to repeal the death finish this bill tonight. We have indi- colleague, shortly, I will offer a motion tax, as we voted to do, then we should cated that the estate tax debate is that the Inhofe amendment be with- finish the job we started. going to take a little bit of time. Ear- drawn. That means there will be only This amendment simply puts us on lier today, we agreed on half an hour three amendments other than the de- record as committing to that propo- evenly divided. bate on the estate tax. I inquire if we sition so that when the appropriate bill But I say about the amendments might get a time agreement of 20 min- comes along, we can accomplish the re- pending, Domenici 2851, Leahy, Kerry- utes on each of those three amend- sult. Clearly, this farm bill is an appro- Snowe, and Inhofe, if that is still avail- ments. priate vehicle for us to discuss this able, if they are not here, I am going to Mr. REID. To interrupt my friend— issue as a sense-of-the-Senate issue be- move to table those amendments. We and I hope he accepts this—that would cause there are an awful lot of owners are not going to wait around for people be Domenici, Leahy, and Kerry-Snowe. of family farms who would like to see to come by at their convenience and Mr. LUGAR. Yes. And then perhaps the death tax repealed so they do not offer their amendments. That is a very work out time agreements so that have to worry about the burden of it. good question. We have been on this there are up-and-down votes on the two To further discuss this proposition, I bill for weeks. We have made tremen- estate tax amendments. yield now to the Senator from Texas. dous progress today with the help of Mr. REID. In fact, we could get one The PRESIDING OFFICER. The Sen- the managers of this bill. I see no rea- of the amendments out of the way be- ator from Texas. son we can’t finish it tonight. I think fore 7 p.m. I think that is appropriate. Mrs. HUTCHISON. Mr. President, I we should finish it tonight. I suggest the absence of a quorum. appreciate very much what Senator Mr. GRAMM. If the Senator will The PRESIDING OFFICER. The KYL and Senator NICKLES are doing be- yield, I thought we had something clerk will call the roll. cause most people think we are on a

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.084 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S639 glidepath to eliminating the death tax. known. It was pretty and nice but not they can plan and so these small busi- We have taken that vote. that big a deal. Today it is called the nesses can continue to create jobs and The worst situation we could pos- hill country, and it is the most expen- be a part of our economy. sibly have is not knowing. Can you sive land in rural Texas. The PRESIDING OFFICER. The Sen- imagine how debilitating it would be to When the parents died, the children ator from North Dakota. plan for a family business or a family inherited that farm, but they had to Mr. CONRAD. Mr. President, at the farm to think that you would have 9 sell their own homes to pay the taxes appropriate time, I will offer a second- years at lower inheritance taxes and on that farm because it had escalated degree amendment that says this: then in the 10th year, unless you hap- to such a great value. They sold their Since both political parties have pened to die in the one year we have re- homes and moved into an apartment to pledged not to use Social Security sur- pealed, you would end up going back to keep the family farm. plus funds by spending them for other 3 years ago? That just does not make The bottom line is, going into the purposes, and since under the adminis- sense. third generation, the man said: My tration’s 2003 budget the Federal Gov- The best tax policy is one that is sta- children could not possibly get enough ernment is projected to spend the So- ble, that people can count on; that cash to pay the taxes for us to pass this cial Security surplus for other purposes when it is passed, people can plan ac- farm to them in the third generation. in each of the next 10 years, and since cording to that tax law or policy. The land is going for $6,000, $7,000 an permanent extension of the inheritance What we have now is the absolute op- acre, and the farm will eventually have tax repeal would cost, according to the posite. We have a situation where peo- to be sold. administration’s own estimate, ap- ple cannot plan. They do not know Mr. President, who gains? Who gains proximately $104 billion over the next when they are going to die, so they do from selling that farm? Who gains from 10 years and $800 billion in the next 10 not know what the inheritance tax is a small business having to be sold to years, all of which would further re- going to be, and they do not know if it pay taxes? The employees who work for duce the Social Security surplus, really will be repealed because Con- that business lose. They lose their jobs therefore it is the sense of the Senate gress keeps talking back and forth and their livelihoods in the community that no Social Security surplus funds about not repealing something we have in which they want to live. Certainly should be used to make currently already repealed. That is not con- not the family, not the patriarch and scheduled tax cuts permanent or for sistent, and it is not good tax policy. the matriarch who worked hard to put wasteful spending. Family-owned farms and small busi- that business together. Certainly not The situation we face as a nation is nesses are the hardest hit because they the children who may have worked or last year when we were addressing the have assets that are valued greater wanted to be in the family business, budget, the President and the Congres- than the income they can produce. who wanted to continue the tradition. sional Budget Office told us we were When someone who is the head of a They lose. going to have $5.6 trillion of surpluses small business or a family farm dies, One might say Uncle Sam gains. But over the next decade. Under the Presi- many times the value of that farm or is it really a gain when you tear some- dent’s budget, that is down to $600 bil- small business is very high and the thing out of our economy that is a lion. The truth is there are no sur- family does not have the cashflow to thriving small business? It is a minus- pluses left. Let me repeat that. There pay the taxes. So what do they do? cule amount. It is an amount that has are no surpluses left, not a dime. Every They sell the family business or family already had taxes paid on it. In fact, penny of money that is still available farm to pay the taxes. the only reason one would ever want to is Social Security money, every dime. This is not money that has never tax an inheritance is to level society, There are no surpluses left. been taxed. No, it is money that was and America was not built on society This chart shows it very clearly. This taxed when it was earned, and taxed leveling. America was built on the con- chart shows from 1992 until 2012 the fis- every year that it has been invested. cept that one could come to this coun- cal condition of the country. We were The money has already had its fair try, work hard, and make as good a liv- in deep deficit in 1992. Then we started share of taxes taken out. ing as they could make by the sweat of to pull out of it with the 1993 plan that We have to make a decision in this their brow, and pass on what they have we passed, I might add, without a sin- Congress if we want small businesses to to their children, if that is what they gle vote on the other side of the aisle, survive. I do. Small family-owned busi- decide to do. not a single vote, and we started mov- nesses are the basis of our country. We are not a country that is entre- ing out of deficit. Sometimes they grow and prosper and preneurial, that has a spirit that is In 1997, we passed an additional plan. become big businesses. Sometimes they looking at society leveling. What good That one was on a bipartisan basis, and are passed to their children and create does it do for us to tax at death and it finished the job. We moved into livelihoods for children. disrupt family businesses, family budget surpluses. We stopped using So- Lost in a lot of this debate are the farms, family ranches, families? It does cial Security trust funds. This chart employees of these small businesses not make sense. shows in specific detail what has hap- and family-owned farms, the people I hope we will pass the amendment pened since 1996. In 1996, we were using who own nothing but work for these offered by Senator KYL and Senator 100 percent of the Social Security trust small businesses. What happens when a NICKLES that puts the Senate on record funds for other purposes. The same was business has to be sold to pay taxes? we are going to make permanent this true in 1997. In 1998, we reduced it so we All the people relying on that business tax cut. We have done it once. The Con- were only using 30 percent of Social Se- lose their job. We have heard story gress has voted for it and the President curity money for other purposes. after story of a small family business has signed the bill, but because of a In 1999 and 2000, we stopped using So- that was the most important business process, it goes out of existence in 10 cial Security money entirely. These in town and had to be sold. The people years and that is not stabilizing, it is were the good days. These were the re- working there were out of jobs, in a destabilizing, and we need to correct it sponsible days. In 2001, we started very small community where one does and do the right thing. backsliding. Under the President’s not just walk across the street and get So I applaud Senator KYL and Sen- budget, President Bush’s budget, every another job. We have heard that time ator NICKLES. I support them fully, and year we are going to be using 100 per- and again. I hope Congress will speak once again. cent of the Social Security money for I will never forget the letter I saw We passed it once; we can do it again. other purposes. written by a man who happened to This time let us do it right, and let us Let us go back to what we confront. have a farm that his parents had do it within a process that says we are We are headed for deficits this year, worked very hard to buy, about 100 doing this and we really mean it; not fiscal year 2002, 2003, every year acres in a beautiful part of Texas, but we are doing this but because of a proc- through the rest of this decade. Making it was a part of Texas in the old days ess that nobody cares about it is going tax cuts that were previously sched- that was just a farming area. It was out of existence in 10 years. Let us do uled permanent means every dime of it not very expensive, not very well it right so people can count on it, so is coming out of Social Security.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.087 pfrm02 PsN: S12PT1 S640 CONGRESSIONAL RECORD — SENATE February 12, 2002 Where did the money go? The Con- The cost in this decade of the Sen- that goes to a fraction of 1 percent of gressional Budget Office came before ator’s proposal is $104 billion. The cost the American people. the Budget Committee and told us that in the next decade is $800 billion. At The Senator from Arizona and the in the near term the biggest reason was the time the baby boomers start to re- Senator from Texas earlier argued this the recession, but over the 10 years of tire, they will take it all out of Social is a question of fairness. I agree. It is a the President’s plan, the biggest reason Security funds. That is from where it is question of fairness. Where should the of the tax cuts the President proposed coming from. money come from to restore the integ- and pushed through Congress last year, Here is what we confront at the very rity of the trust funds? Where should it 42 percent of the reduction in the sur- time they are talking about adding $800 come from? One of the first places we plus and the return to deficits is from billion of additional tax cuts: Social would look is the wealthiest among us, the tax cut. Twenty-three percent is Security and Medicare trust funds go for us to say, if you die and have an es- from the recession. Eighteen percent of cash negative at the very time they are tate of over $7 million, maybe you the additional expense is caused by the talking about another $800 billion of ought to be part of solving this ex- attack on the United States. Seventeen tax cuts, all of it out of Social Secu- traordinary problem we now face. I percent is caused by certain technical rity. don’t think that is unreasonable. changes, largely the underestimation The Director of the Office of Manage- We have had some of the wealthiest of the cost of Medicare and Social Se- ment and Budget came before the Sen- people in America before the Finance curity. ate Budget Committee and said: Committee saying they did not think it Last year, we were told there was in was unreasonable for them to make the non-trust-fund side of the Federal Put more starkly, Mr. Chairman, the ex- tremes of what will be required to address some contribution to restoring the in- accounts a $2.7 trillion surplus. That is our retirement are these: We’ll have to in- tegrity of the trust funds of Social Se- from where the tax cuts came. But you crease borrowing by very large, likely, curity and Medicare. know what. There is no $2.7 trillion of unsustainable amounts; raise taxes to 30 per- For those who say this money has al- non-trust-fund money anymore. The cent of GDP, obviously unprecedented in our ready been taxed over and over and Congressional Budget Office tells us, history; [we are at 19 percent of GDP now in over, it is not true. Much of this money instead of surpluses, there are massive taxes. Anybody think we will go to 30 per- has never been taxed because it has deficits, $2.2 trillion of deficits. What cent of GDP? If we do not, they will have to been locked up in long-term capital the good Senator from Arizona is say- be massive cuts in benefits] or eliminate gains and people never paid taxes at ing is do not worry about it. Let us just most of the rest of government as we know it. That’s the dilemma that faces us in the all. pile on some more. Let us have some long run, Mr. Chairman, and these next 10 This is a fundamental question before more tax cuts. Let us dig the hole deep- years will only be the beginning. the Senate, the most basic of questions er. about priorities, about fiscal responsi- What he is saying is, let us not only I cannot think of an amendment that have the estate tax reductions that are is more fiscally irresponsible than the bility, about paying our bills, about already scheduled, which are signifi- one before this body now. The Presi- keeping the promise that this Presi- cant—and I would correct those who dent last year in his State of the Union dent and Members of this Chamber say there is a death tax. There is no promised not to use Social Security made on the question of not looting or death tax in America. Ninety-eight trust funds for any other purpose. That raiding the Social Security trust fund percent of the estates in America pay is the pledge he made. I quote: to pay for other things. Now before the nothing, zero. They pay no estate tax. To make sure the retirement savings of Senate is an amendment that says we That is what we have in America, not America’s seniors are not diverted to any will take Social Security money and a death tax; it is an estate tax. If one other program, my budget protects all $2.6 use it to give a tax reduction to the trillion of the Social Security surplus for So- very wealthiest. What a perversion of has an estate over a certain value, they cial Security and for Social Security alone. start to pay something. Why? Because fairness. Those are not the values of That is what he said last year. we have determined that is a fair way the people I represent. I don’t believe Now, in reading his budget, we see he to distribute tax burden. those are the values of the American The Senator from Texas says this is will take $2.2 trillion of Social Secu- people. I hope when the vote is called not part of American history. I beg to rity and Medicare trust fund money tomorrow we will have a chance to disagree. It is a fundamental part of and use it for tax cuts and other ex- vote for the substitute amendment and American history. Go back and read penses of Government. to defeat the amendment of the Sen- what the Founding Fathers had to say The Senator from Arizona says that ator from Arizona. on this question. They did not want is not enough, let’s take even more I yield the floor. America to be a land of inherited aris- money from Social Security—let’s take The PRESIDING OFFICER (Mr. tocracy. No, no, no. They wanted this it all and not protect any of Social Se- SCHUMER). The Senator from Texas. to be a land where people rose and fell curity. Mr. GRAMM. Mr. President, I agree on the basis of their own hard work and I don’t think so. Those who vote to with every word Senator CONRAD said. their own skills and their own talent, take it are going to be mighty sur- Senator CONRAD laments that we are not because they inherited from prised by the reaction of the American not keeping our promises of not raiding grandpa, not because they inherited people when they find out we are al- the Social Security trust fund. In fact, from great grandpa. That was not the ready on course to eliminate taxes for in his resolution he talks about not point of America, and that is why fun- a couple that would not pay any using it for tax cuts or spending. damentally we have had an estate tax taxes—not a dime—on $7 million. Now I remind my colleagues, only a few because our Founding Fathers came the Senator proposes no limits for- hours ago on rollcall vote No. 25, we from Europe and they saw what inher- ever—and take every dime out of the waived the Budget Act to steal $2.4 bil- ited aristocracy led to, the concentra- Social Security trust fund. lion out of the Social Security trust tion of wealth in the hands of a few, This reversal in our financial fortune fund. If people look at that vote—I and ultimately instability and political has meant that over the next decade, voted against it, the Senator from Ari- chaos. They did not want that for us. instead of being virtually debt free by zona voted against it—the Senator So the reality is, 2 percent of estates 2008, which is what they told us last from North Dakota voted for the budg- in this country pay any estate tax. We year, we now find by 2008 there will be et waiver that did exactly what he la- are scheduled to raise the exemption to $3 trillion of debt. The result of that is ments today. In the same day we talk $3.5 million per person. Only three- we will be paying as a country $1 tril- about not spending the Social Security tenths of 1 percent of estates are at lion more in interest over the next dec- trust fund on making the death tax re- that level. This would mean that one ade. Instead of $600 billion in interest, peal permanent, we waive the Budget could transfer $7 million and not pay a we will pay $1.6 trillion in interest pay- Act to take $2.4 billion of it to pay sub- dime of tax. The Senator from Arizona ments. We ought to quit digging the sidies while we continue to talk about is not satisfied with that. He wants hole deeper. the poor versus the rich. Where did the anybody to be able to pass any amount This amendment takes more money subsidies go? A select group of people, to their heirs. out of the trust funds to have a tax cut generally very high income people.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.089 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S641 It is very instructive to note that someone’s conception of social unrest lion out of the Social Security trust while the assault on making the repeal beyond the breaking point. I am op- fund. of the death tax permanent is an as- posed to the death tax. None of my peo- I do not understand. If you are con- sault that is claimed to be protecting ple have ever paid a death tax. The cerned about the trust fund for repeal- Social Security, this very day those only thing I have ever been bequeathed ing the death tax, how come you are who have launched the assault voted to in my life is a cardboard suitcase that not concerned about it when you are raid the Social Security trust fund my great uncle Bill, my grandmother’s spending money on a bloated agri- when we have a deficit where we are brother, left me, full of yellow sports culture bill? I do not think you can spending Social Security trust fund clippings, but I am opposed to the have it both ways. money and borrowing money. That did death tax because it is wrong. It is rot- I think, in the end, people who vote not prevent the Senate from spending ten. It is absolutely outrageous that for this resolution, when we vote on another $2.4 billion this very single people work a lifetime, they save, another budget waiver to spend more day. That shows how this whole skimp, sacrifice, they build up a busi- money, I hope they will say: Look, I amendment rings hollow. ness, they build up a farm, they build voted for the Conrad resolution which It does not end there. Let me read up assets, and then when they die their said I wouldn’t spend Social Security this language of the Conrad amend- children have to sell their life’s work trust funds. So while I would love to ment: to give the Government another 55 spend this money, I cannot vote for the Therefore it is the Sense of the Senate that cents on the dollar tax. waiver. no Social Security surplus funds should be I remind my colleagues that the Kyl I bet that many people will vote for used to pay for making currently scheduled provision requires people to pay capital this sense-of-the-Senate resolution, tax cuts permanent or for wasteful spending. gains tax. If you have untaxed income, then vote not to make the repeal of the Who gets to define ‘‘wasteful’’? Does you are going to have to pay it. But death tax permanent, and then the that mean every effort to make the what it does not have is double tax- first time we have a vote on busting death tax repeal permanent is equiva- ation. the budget and spending more Social lent to wasteful spending? In fact, was I believe the American people under- Security trust fund, they will vote for adding $2.4 billion to an already bloat- stand this issue, and I can honestly it. ed farm bill less or more wasteful than say, in speaking in my State and Maybe that sells where you are from. making the death tax repeal perma- around the country, in white-collar That doesn’t sell where I am from. I am nent so that farmers and ranchers will crowds or blue-collar crowds, when I for repealing the death tax. I am for not lose their farms and ranches when talk about killing the death tax, when making it permanent. The good news is they die? I talk about not making people sell that everyone should know that by A final point before I turn to the their business or sell their farm, people doing that we are not raiding the So- amendment I am for. Senator CONRAD always applaud—whether they expect cial Security trust fund. We raided it acts as if the passage of the Kyl amend- to pay the tax or not. today when we waived the budget point ment—and we are just doing a sense of I think if we view things politically of order on $2.4 billion. We stole that the Senate—would spend Social Secu- as to who gains and who loses, we often money right out of the Social Security rity trust fund money. Not so. In fact, lose in terms of not understanding our trust fund, and everybody who voted the Kyl amendment goes into effect 9 own country. This is a question of right for that waiver voted to steal that years from now. Nine years from now, and wrong. The death tax is wrong. money out of the Social Security trust in the year 2011—in fact, CONRAD refers And the final absurdity is that on the fund. to the administration’s estimate. Let floor of the Senate we claim to be re- I am proud I did not. me tell you what that estimate is. pealing the death tax, Democrats and But when we make the death tax re- Nine years from now, when the Kyl Republicans voted to repeal it, and yet peal permanent, it costs $4 billion in amendment would go into effect, by because of a quirk in the Budget Act the year 2011, which is when the perma- making the tax cut that would be fully we are phasing down the death tax to nency would kick in. At that point we implemented permanent, we will have zero, 9 years from now. So if you die 9 will have a $60 billion non-Social Secu- a surplus, according to OMB, of $350 years from now, your children can keep rity surplus, according to the adminis- billion. The Social Security surplus what you have earned, but if you die 10 tration’s numbers, if we quit spending will be $290 billion, which is $60 billion years from now they have to pay 55 money. less than the surplus we are projected cents out of every dollar of your life’s I urge my colleagues, however you to have. work to the Government. vote on the Conrad amendment, just be The repeal of the death tax costs $4 I think that is wrong. I urge my col- sure you read it before you vote and billion. So, in fact, if the death tax re- leagues to vote for this sense-of-the- you are ready to live up to it. I am peal were made permanent, if we were Senate resolution. We should be mak- ready to live up to the sense of the voting on, not a sense-of-the-Senate ing the repeal of the death tax perma- Senate to repeal the death tax. I am resolution but law today—and we are nent. ready to live up to the sense of the going to get an opportunity to do that, I don’t have any concern about com- Senate on the Conrad amendment. probably on the so-called energy bill— mitting ourselves to not spend the So- I would strike out ‘‘wasteful’’ be- but if we were voting on it today, this cial Security surplus in repealing the cause, as we all know, every program permanency goes into effect in 9 years, death tax. The repeal doesn’t go into you are for is not wasteful. So I thank in 2011, the projected surplus from the effect until 2011, at which point we sim- our dear colleague from Arizona for his administration—contrary to what the ply make what the tax is on that day leadership. I urge my colleagues to sense-of-the-Senate resolution that permanent. By 2011 we are going to vote for this amendment. Senator CONRAD is offering says—is have a surplus that far exceeds the So- The PRESIDING OFFICER. The Sen- $350 billion, the Social Security surplus cial Security surplus, unless we do ator from Arizona. is $290 billion, giving us an on-budget what we did today, which is waive the Mr. KYL. Mr. President, I appreciate surplus of $60 billion. Repealing the Budget Act to spend it. those remarks of the Senator from death tax costs $4.249 billion. So even if I am hopeful that those who vote for Texas. The Senator from Alabama, I we were repealing the death tax and the Conrad amendment, tomorrow know, and the Senator from Oklahoma, making that repeal permanent, we will when we vote on another budget waiv- as well, want to speak. I just wanted to not spend a penny of Social Security er, will vote not to waive the Budget make a couple of points. surplus in the year 2011. Act. But I hope people will not say to No. 1, President Bush wants us to do Let me also say something about the us, ‘‘We are really worried, we are wor- this. His budget for this next fiscal idea that we are going to have social ried we are going to use the Social Se- year has in it the permanent repeal of unrest because we don’t make people curity surplus to make tax cuts perma- the death tax. So he wants us to go for- pay 55 cents out of every dollar they nent and to make the repeal of the ward with it. As the Senator from earned in their life to the Government death tax permanent,’’ and at the same Texas said, we will have a Social Secu- when they die; I think it is stretching time in the same day to take $2.4 bil- rity surplus at the time when we make

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.091 pfrm02 PsN: S12PT1 S642 CONGRESSIONAL RECORD — SENATE February 12, 2002 this death tax repeal permanent. So we would never make otherwise except to I thank the Chair. I yield the floor are not raiding the Social Security attempt to avoid being decimated or The PRESIDING OFFICER. The Sen- trust fund, as the Conrad amendment having their heirs decimated by the ator from Oklahoma is recognized. would suggest. In fact, because we are death tax. Mr. NICKLES. Mr. President, I wish injecting more money into our econ- Let me tell you what I am really con- to compliment my friend from Ala- omy, one could expect there will be ad- cerned about. This is an issue that I bama, Senator SESSIONS, for his speech, ditional Federal revenues, not less Fed- feel has not been talked about enough. as well as the Senator from Arizona, eral revenues. There are a lot of different ideas that Mr. KYL, and the Senator from Texas, One of the experts on this subject, people have about why this tax is bad. Mr. GRAMM, because they have laid it Dr. William Steger, has estimated that I would like to talk about a purely eco- out very plainly and very clearly to the immediate repeal of the death tax nomic argument that strikes me as a American people. would provide a $40 billion automatic great unfairness about the death tax. When we repealed this tax, it was stimulus to the economy. He is presi- Let us say International Paper Com- temporary. Some people asked, Why? dent of Consad Research Corporation pany, or the Weyerhaeuser Company, We did it under a reconciliation in- and an adjunct professor of policy owns 1,000 acres of land, and an indi- struction. Most Americans don’t have a sciences at Carnegie Mellon Univer- vidual owns 1,000 acres of land and clue what that means. Basically, that sity. So it is a $40 billion automatic saves some money and manages it well. instruction was given to Congress, say- stimulus to the economy—not taking Then the individual dies. They have to ing you can pass a bill for 10 years. In the Social Security trust fund. pay an estate tax. But Weyerhaeuser or other words, it had a sunset. We passed I will have a lot more to say about International Paper, which may own the bill that increased the exemption this after we enter into our unanimous 600,000 acres of land, or maybe multi- basically from about $750,000 up to consent agreement, but I think both million acres of land, never pays a about $4 million. It took 9 years to do the Senator from Alabama and the death tax. Big corporations, large that. On the 10 years, we said we will Senator from Oklahoma would like to stock-held corporations, never have just eliminate the tax which is unfair. speak, and I will yield the floor to their corporate work—Mr. President, I It is unfair to have a tax on death. It is them at this point. believe there is a little noise here. unfair for the Federal Government to The PRESIDING OFFICER. The Sen- Even I can’t think very well when it is say: When somebody dies, we want half ator from Alabama is recognized. going on. of their estate. We don’t care if they Mr. SESSIONS. Mr. President, I The PRESIDING OFFICER. The Sen- built up a big business. Maybe they thank the Senator from Arizona for his ate will be in order. built up Microsoft, or maybe they built hard work and leadership on this. I ap- Mr. SESSIONS. I thank the Chair. up a series of restaurants, or maybe preciate the remarks of the Senator So these large corporations are never they built up a manufacturing facility, from Texas. He is eloquent, as always, impacted by estate taxes, but they are or maybe they have a large ranch or a and is effective in the points he makes. competing with smaller farmers, small- large farm which they have had in First of all, I would like to say why er timber producers, and smaller land- their family for two or three genera- I think it is appropriate that we have owners. Whenever a family member in tions. We said even if you are fairly large, this sense-of-the-Senate amendment on one of those privately held companies we don’t think the Federal Govern- the farm bill. It is because it is one of dies, they get whacked by the Federal ment should come in and take half of it the most significant issues for farmers Government with a tax. It makes them because you happen to pass away. So in America. I speak to farmers fre- less competitive. we changed it. We said the taxable quently. When I first began to cam- In my State of Alabama, we have event will not be death; it will be when paign for the Senate, they told me seen an extraordinary number of banks the property is sold. That is what we right upfront that one of their top pri- go out of business by selling out to passed. orities was the elimination of the larger banks. Small, closely held banks So the taxable rate, when and if that death tax. It threatens everything they no longer exist today. One of the main property is sold, will be at the capital do. reasons is that the family sits around gains rate. It will be at 20 percent, I was shocked and really surprised to the table and wrestles with what they which is plenty of tax, and the taxable hear the Senator from North Dakota are going to do about the future. They event will be figured when the property say he is not worried about people get an offer from a big holding com- is sold, when there is money available passing on their farms to their chil- pany to buy them out. They consider to pay that tax. That made good, emi- dren. I thought that was what the farm how much in taxes they are going to nent sense. bill was all about. I thought it was all have to pay and how they are going to The bad news is it will be sunset. about trying to preserve a family farm. keep the bank going while paying 55 Presently, we take the exemption of What good does it do to preserve the percent tax on it. They end up selling last year. This year, because of the tax farm, have a living wage for farmers, out, and then we get bigger and larger changes we made last year, the exemp- and then make them pay 50 or 55 per- corporations with more and more con- tion is $1 million. There is no death tax cent of the value of the farm to the centrations of wealth and less competi- by the Federal Government if you pass Government every generation? tiveness in the American economy. away this year and the taxable estate Eliminating the death tax is about We need and desire more smaller is less than $1 million. That is an im- preservation of the farm. I think it is motel companies. We need more small provement. appropriate that we are considering it. entrepreneurs. We need more stores We gradually increased that over a It is certainly one of the highest prior- selling material, like Home Depot or period of time. For 2009, we go up to a ities of every agricultural organization Wal-Mart. But those stores, if they are $3.5 million exemption. We gradually of which I know. closely held, end up getting whacked in reduce the rate, which is presently 50 Second, let me say why I think this each generation by an estate tax. percent—last year it was 55—to 45 per- thing is bad economics for America, I talked to a young man and his fa- cent by the year 2009, and there is a $3.5 why it is hurting our economy, and ther. They had four motels. He told me million exemption. For the year 2010, why we need to eliminate it. they were paying $5,000 a month for in- we said we are going to eliminate it. First of all, the death tax is extraor- surance on the father’s life, trying to There will be no taxable event on dinarily difficult to compute and col- make sure that if he were to die, they death. The taxable event will be when lect by the Federal Government. It pro- wouldn’t lose their investment. the property is sold. The tax rate will duces a lower return based on how That is the reality of America. This be at the capital gains rate, which is 20 much money the taxpayer has to pay tax is favoring large corporations in percent, instead of the rate of 45 per- than almost any other tax we pay. It is their competitiveness against small cent. It makes good sense. It is good an extraordinarily complex thing. It corporations and companies and close- sense. causes individuals to go through the ly held companies. It is not fair. It is Unfortunately, because of the sunset most intricate gyrations and causes not healthy for the economy. We can in the year 2011, bingo, nothing hap- them to make financial decisions they do better. pens. So we revert back to last year’s

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.093 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S643 law. Instead of having a $3.5 million ex- Since permanent extension of the inherit- the best thing we can do for agri- emption, we have an exemption of ance tax repeal would cost, according to the culture in this entire bill is to make re- about $1 million. Instead of having the Administration’s estimate, approximately peal of the death tax permanent. rate at 45 percent, we are going to go $104 billion over the next 10 years, all of which would further reduce the Social Secu- Mr. President, I yield the floor. back to the rate of 55 or 60 percent. But rity surplus. . .. The PRESIDING OFFICER. The Sen- there was a little 5-percent kicker rate That is factually incorrect. I am a ator from Rhode Island is recognized. for estates that were between $10 mil- Mr. REED. Mr. President, the pro- lion and $17 million. We go back to a stickler for facts. I think people are en- titled to their own opinion. They are posal before us today to repeal the es- maximum rate in the year 2011 of 60 tate tax rests on profound misunder- percent. That is absurd. not entitled to their own facts. If you use the administration’s esti- standings of this tax, and particularly A lot of us said we should make the on who pays this tax. death tax repeal permanent. That is mate, they estimate that the surplus will exceed Social Security by about We have been hearing our colleagues what the sense of the Senate is. Some- talk about the death tax and that it is body asked, Why isn’t this real? We $51 billion in the year 2010, $99 billion stalking every American. It turns out tried to do it on the tax bill we had in the year 2011—the first year this that in 1999, 2.5 million adults died; pending before the Senate—the so- would have real impact—$199 billion in 49,870 estates incurred a tax liability. A called stimulus package. Senator the year 2012, and $395 billion—these very small fraction of Americans face DASCHLE pulled that bill down. He are surpluses over and above Social Se- the estate tax, but I point out, they are didn’t want a vote on the amendment curity. In other words, they are enor- the wealthiest Americans. They are of my colleague from Arizona and me. mous surpluses in the outyears. not the Social Security recipients. Maybe it is because we are going to You may say this does not really They are not individuals who have win. Maybe it is because we are going have an impact until the years 2011, worked all their lives and are now with to change the tax law and do some real 2012, and 2013 because that is when the good so people can count on it. We death tax is repealed, and those are a small pension facing their last days. didn’t get a vote on it. years we have enormous surpluses, in- These are the wealthiest Americans. That is the reason we are here today. cluding Social Security. It turns out that with the unified We are on the farm bill. We voted on a So the amendment is trying to con- credits, with the ability to gift funds to lot of amendments dealing with agri- fuse people and bring in Social Secu- individuals, there is an opportunity—in culture, none of which is as strongly rity, and so on. Maybe it is confusing, fact, one that is taken by most Ameri- supported as this amendment we are but it is not accurate. It is factually cans—to avoid the estate tax. So this is going to vote on tomorrow. inaccurate. I want people to know that. not a death tax; this is a tax on the I have spoken to my fair share of ag- I do not care how you vote on it. It very wealthiest Americans. And this is ricultural groups—ones that want very doesn’t mean anything. The sense of a tax that was really, in many re- little Government involvement and Senate says we are not going to use So- spects, copied from the example of our ones that want a lot more than I want. cial Security to pay for permanent tax British brethren across the sea, who But they are unanimous. When you ask cuts. saw the corrosive power of wealth that them if they want to repeal the tax, This amendment that Senator KYL is passed on from generation to genera- they are in support because they real- and I and Senator GRAMM and Senator tion to generation. ize that the so-called death tax is one SESSIONS have offered does not do that. I have heard some of my colleagues of the most punitive things you can do Are we for wasteful spending? No. on the Republican side talk about how to American agriculture. It is interesting to note that people the death tax is an insidious weapon of That is telling somebody, who in start drawing out Social Security large corporations to beat down the many cases is asset rich and cash poor: every time we have a tax cut that is small workers and farmers in this We want half your assets. So they may real or a tax cut that is proposed as country. Nothing is further from the be trying to pass their farm or ranch real. But they couldn’t care less about truth. on to their kids or to their grandkids, spending. Evidently, it is OK to spend This whole estate tax not only is de- but Uncle Sam says: No, you can’t do money—Social Security money—on signed to raise revenue, it is also de- that because the value of your estate is anything and everything, and, oh, we signed to ensure that great fortunes over $1 million. And you don’t have to will waive the Budget Act to do so, but, are not passed down, becoming great have a very big farm or ranch for that oh, in the outyears, when we have and powerful without any check what- to happen where the Federal Govern- enormous surpluses far exceeding So- soever. ment wants half. cial Security, don’t you dare do it. We There is another issue with respect The Federal Government is entitled are going to waive the Social Security to estate taxes. People talk about it as to take half? That is going to be the flag. It is a false flag. It is false cover. so unfair because it is a double tax: law unless we make repeal permanent. You get taxed when you earn the So that is why this is important to ag- Maybe it makes people feel good. I can money and you get taxed again when riculture. That is why it is important care less how people vote on that you pass away. It turns out that a sig- that the amendment be adopted. amendment. nificant amount of estates consist of What about the underlying amend- I hope people will vote in favor of the unrealized capital gains. ment or the ‘‘let’s confuse the Amer- sense of the Senate that says we should ican public’’ amendment that was of- make the repeal of the death tax per- Economists have estimated that 36 fered by our friends on the Democratic manent. We should do it. We can afford percent of the wealth in all taxable es- side. It is a sense-of-the-Senate amend- it. We must do it. tates is in the form of unrealized cap- ment. I don’t have a problem with the It makes no sense, whatsoever, to ital gains: someone purchases a home, conclusion. It says: have a death tax where the Federal someone purchases stock, they hold that stock for years, and at the time of Therefore it is the Sense of the Senate that Government is coming in and taking a no Social Security surplus funds should be significant portion of somebody’s farm their death, the estate tax is imposed. used to pay to make currently scheduled tax or ranch or business, saying: Oh, we But also at the time of death, these as- cuts permanent or for wasteful spending. want to take it and use it to pay for sets are passed on to their heirs on a I do not want them to be used for other programs, and so on. That does stepped-up basis. So without an estate wasteful spending. not make sense. tax, much of this gain would never be And ‘‘permanent tax cuts,’’ let’s see, So I compliment my colleagues from taxed. do we do that in our amendment? The Arizona and Texas and Alabama for There is also another myth that we answer is no. So I guess I could support their work on this amendment. I am have heard time and time again; that the ‘‘therefore,’’ which is the only happy to cosponsor this amendment. is, really what happens is that this on- thing people really read in these reso- I urge my colleagues, tomorrow erous tax takes away from the family lutions. morning, to vote in favor of this sense- farms and the small businesses of If you read the sentence above that, of-the-Senate amendment to perma- America; that they have to liquidate it is just factually incorrect. It says: nently repeal the death tax. Probably their assets; that they cannot pass

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.095 pfrm02 PsN: S12PT1 S644 CONGRESSIONAL RECORD — SENATE February 12, 2002 them on; that they have to pay every- pelling, particularly when we consider This is a time when making some ad- thing they have earned just to satisfy it relative to the permanent extension justments to our estate taxes are per- this tax. of the inheritance tax. fectly reasonable. We have accom- First of all, recognize this tax applies This amendment stands for a very plished that. We continue to do that as to very few Americans at all. And sec- simple proposition, a principle that no we go forward. But why we want to ond, recognize that, despite all the dis- Social Security surplus funds should be make this permanent, undermine our cussions about the family farms being used for any other purpose. Under this fiscal integrity, undermine Social Se- forced into sale because of this tax, no second-degree amendment, the Senate curity, and do it with an eye that for- one can produce any real evidence. would go on record opposing the use of gets about the fairness of who is get- The New York Times did a report, Social Security funds for making cur- ting the benefit relative to what is talking about an Iowa State University rently scheduled tax cuts permanent or going to be charged to the American economist who searched out and tried for wasteful spending. people as we go forward makes no to find farms that were forced into sale Social Security is a sacred compact sense. because of the estate tax. He could not between the American people and their I hope my colleagues in the Senate find any. Indeed, they cited officials Government. We have promised all will stand with the distinguished Sen- from the American Farm Bureau. They Americans if they work hard and play ator from North Dakota and make sure could not find any concrete examples by the rules, when they retire they will that we have a true expression of the of a farm that was forced to be sold to not have to live in the fear of poverty. sense of the Senate that stands with pay for estate taxes. So the myth of We have promised them a safety net the American people. the family farm being eliminated—the that will provide baseline payments for When the American people are asked sons and daughters standing there their retirement years. That is what a question, do we want to make perma- being denied their inheritance because Social Security is all about, that safe- nent these tax cuts or do we want to of the estate tax—is a myth. ty net. have a raid on Social Security and an There is also the suggestion that if The Kyl amendment and those who undermining of our retirement bene- we repeal the estate tax there will be would make permanent the estate tax fits, 84 percent of the American people no effect on charitable contributions. are truly undermining that promise of say: Let’s stand with Social Security, That, too, is a misnomer. There have Social Security. In this decade alone, and let’s forgo these tax cuts. been studies on this question. One we will spend $104 billion, if this is I hope we take that into consider- study was by David Joulfaian, a Treas- made permanent, of Social Security ation when we are thinking about what ury Department economist, who esti- revenues and reserves to fund this new are our priorities in this debate about mated that eliminating the estate tax accelerated tax cut. And probably as an estate tax cut acceleration relative to our priorities on fiscal responsibility would reduce charitable bequests by serious with regard to fiscal issues, we and protecting our seniors through So- about 12 percent, or about $1.3 billion will spend over $800 billion in the fol- lowing decade just at the time our cial Security. in 1998 dollars. This would have a dele- I thank the Chair and yield the floor. terious effect on something that we all baby boom generation, those in the de- The PRESIDING OFFICER. The Sen- want to encourage; that is, contribu- mographic bubble, come into play, and ator from Nevada. tions to charities. when the stresses on Social Security Mr. REID. Mr. President, if the Sen- So for these reasons, and many more, and Medicare and all other Federal ator from Minnesota will withhold I do not think repeal of the estate tax Government expenditures will be under briefly, we are at a point now where we is something that should become per- most pressure. can see a finality to this bill. At the manent. This is a bad idea. It is a mistake. present time, it is my understanding It will also have an impact on State The Senator from Rhode Island was on this estate tax debate, Senator KYL budgets because there is a portion of speaking in the context of fairness. I and Senator DAYTON are the only two the estate tax which is credited to wonder why we think 2,800 farm estates people still left to speak on this. That 1 local States for their purposes. This out of over 2 ⁄2 million in 1999 leads us is my understanding. would have adverse effects on the fi- to believe that we need to change this I ask unanimous consent that Sen- nances of States and the finances of tax policy, particularly when we put it ator KYL be allowed to speak for up to the Federal Government. Ultimately, in conjunction with undermining our 15 minutes and Senator DAYTON for up we would be trading off estate taxes for Social Security payments, and only to 15 minutes regarding amendment the rich, relief for those individual es- 48,000 estates were paid in 1998. Then No. 2850 and that there be no second- tates, and we would be paying for it you add in the fact that taxes have not degree amendments in order to either with Social Security funds. I believe been paid on unrealized capital gains. I amendment; that is, the Conrad this is not the right way to proceed. don’t understand why we want to make amendment or the Kyl amendment; Much of what is talked about today the tradeoff of undermining our fiscal that upon the use or yielding back of as the inequity of the estate tax is position as a nation, undermining our the time of the two Senators I have more myth than reality. The reality is ability to continue to fund Social Se- just mentioned, the amendments be set that if we make this permanent, it will curity appropriately for such a narrow aside to recur Wednesday, tomorrow, be a huge windfall, most of it the result slice. February 13, at 9:40 a.m.; that there be of unrealized capital gains for the very We are all asked to sacrifice in a a total of 5 minutes for debate on both wealthiest Americans, and we will be world where we are under constraints amendments with the time equally di- taking away the resources we need to because of national defense, homeland vided and controlled; that at 9:45 a.m., provide support for seniors, for chil- security, expenditures we need to the first vote occur on the Conrad dren, for the educational system, for make, but we also need to protect our amendment, to be followed imme- those things that will make us strong seniors, our Social Security. It seems diately by a vote on the Kyl amend- as a nation. to me this is a priority that does not ment without further intervening ac- I hope we will reject the proposal of- match the time nor the place nor the tion or debate. fered by the Senator from Arizona. needs of our Nation. Has Senator CONRAD offered his I yield the floor. It is not like Social Security is an ex- amendment? The PRESIDING OFFICER. The Sen- traordinarily generous benefit for our The PRESIDING OFFICER. He has ator from New Jersey is recognized. seniors. It provides a little more than not. Mr. CORZINE. Mr. President, I, too, $10,000 per person per year on average. Mr. REID. Mr. President, I will offer rise in strong support of the second-de- In New Jersey, that doesn’t go a long his amendment. These will be the two gree amendment offered by our distin- way toward paying for retirement. amendments that have been talked guished chairman of the Budget Com- I don’t know why we should be put- about here this evening. mittee. His arguments about pro- ting it at more risk today than we The PRESIDING OFFICER. Is there tecting Social Security and the pro- would at other times, particularly objection? The Senator from Arizona. motion of fiscal responsibility and since we are talking about such a nar- Mr. KYL. Reserving the right to ob- basic fairness in our economy are com- row slice of the American landscape. ject, I would like to suggest one change

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.098 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S645 in the proposal. I know Senator amendment still be in order on ‘‘(c) AMOUNT.—Subject to subsection (h), DOMENICI would like to speak tomor- Wednesday and that Senator MCCAIN payments to producers on a dairy farm under row. He is not here this evening. Since be recognized to speak for up to 15 min- this section shall be calculated by there are no other Senators in the utes prior to final disposition of this multiplying— ‘‘(1) the eligible production; by Chamber to listen to this debate except bill. ‘‘(2) the payment rate. for the four who are here, might I in- The PRESIDING OFFICER. Is there ‘‘(d) PAYMENT RATE.— quire of the assistant majority leader objection? Without objection, it is so ‘‘(1) IN GENERAL.—Subject to paragraph (2), whether he would be agreeable to a ordered. the payment rate for a payment under this total of 10 minutes, with 5 minutes per AMENDMENT NO. 2834, AS MODIFIED subsection shall be equal to $0.315 per hun- side, and then adjusting it, the 9:40 or Mr. REID. Mr. President, I send a dredweight. ‘‘(2) ADJUSTMENT.—The Secretary may ad- 9:45 time; in other words, to add 21⁄2 modification to the desk and state that just the payment rate under paragraph (1) minutes per side? Senators LEAHY and STEVENS and the with respect to the last fiscal year of the Mr. REID. We accept that suggestion. two managers have agreed to this payment period if the Secretary determines The vote will be at 9:50. amendment. This is in relation to the that there are insufficient funds made avail- Mr. KYL. Mr. President, I have no Leahy amendment No. 2834. able under subsection (h) to carry out this objection to that point. Since there The PRESIDING OFFICER. Is there section for that fiscal year. were two previous Democratic speak- objection to the modification? ‘‘(e) APPLICATION FOR PAYMENT.—To be eli- ers, I wonder if the Senator from Min- Without objection, the amendment is gible for a payment for a payment period under this section, the producers on a dairy nesota would allow me to proceed. so modified. [The amendment will be printed in farm shall submit an application to the Sec- The PRESIDING OFFICER. Is there retary in such manner as is prescribed by the objection to the unanimous consent re- the RECORD of February 13, 2002.] Secretary. quest, as modified? Without objection, The PRESIDING OFFICER. Is there ‘‘(f) TIMING OF PAYMENTS.—Payments it is so ordered. further debate on the Leahy amend- under this section shall be made on an an- ment as modified? nual basis. AMENDMENT NO. 2857 The question is on agreeing to the ‘‘(g) ADJUSTMENTS.—The Secretary may The PRESIDING OFFICER. The amendment. provide for the adjustment of eligible pro- clerk will report. The amendment (No. 2834), as modi- duction of a dairy farm under this section if The legislative clerk read as follows: fied, was agreed to. the production of milk on the dairy farm has The Senator from Nevada [Mr. REID], for Mr. LUGAR. I move to reconsider the been adversely affected by (as determined by the Secretary)— Mr. CONRAD, proposes an amendment num- vote. bered 2857. ‘‘(1) damaging weather or a related condi- Mr. REID. I move to lay that motion tion; Mr. REID. Mr. President, I ask unan- on the table. ‘‘(2) a criminal act of a person other than imous consent that reading of the AMENDMENT NO. 2851, AS MODIFIED the producers on the dairy farm; or amendment be dispensed with. Mr. LUGAR. I call up amendment No. ‘‘(3) any other act or event beyond the con- The PRESIDING OFFICER. Without 2851, which I offered on behalf of Sen- trol of the producers on the dairy farm. ‘‘(h) FUNDING.—The Secretary shall use not objection, it is so ordered. ator DOMENICI earlier today, and I send The amendment is as follows: more than $2,000,000,000 of funds of the Com- a modification of the amendment to modity Credit Corporation to carry out this At the appropriate place, insert the fol- the desk. section.’’. lowing: The PRESIDING OFFICER. Is there AMENDMENT NO. 2850 Since both political parties have pledged objection to the modification? The PRESIDING OFFICER. The Sen- not to misuse Social Security surplus funds Without objection, the amendment is by spending them for other purposes; and ator from Arizona is recognized for 15 Since under the Administration’s fiscal so modified. minutes. year 2003 budget, the federal government is The amendment, as modified, is as Mr. KYL. Mr. President, let me ex- projected to spend the Social Security sur- follows: plain where we are. We have two com- plus for other purposes in each of the next 10 Strike section 132 and insert the following: peting sense-of-the-Senate amend- years; SEC. 132. NATIONAL DAIRY PROGRAM. ments. The first is the Kyl-Nickles Since permanent extension of the inherit- The Federal Agriculture Improvement and amendment. Incidentally, I ask unani- ance tax repeal would cost, according to the Reform Act of 1996 (as amended by section Administration’s estimate, approximately 772(b) of Public Law 107–76) is amended by in- mous consent that Senator HUTCHINSON $104 billion over the next 10 years, all of serting after section 141 (7 U.S.C. 7251) the of Arkansas be added as a cosponsor. which would further reduce the Social Secu- following: The PRESIDING OFFICER. Without rity surplus; ‘‘SEC. 142. NATIONAL DAIRY PROGRAM. objection, it is so ordered. Therefore it is the Sense of the Senate that ‘‘(a) DEFINITIONS.—In this section: Mr. KYL. This sense-of-the-Senate no Social Security surplus funds should be ‘‘(1) DAIRY FARM.— amendment says we should make per- used to pay to make currently scheduled tax ‘‘(A) IN GENERAL.—The term ‘dairy farm’ manent the repeal of the death tax cuts permanent or for wasteful spending. means a dairy farm that is— that the majority of us voted for last Mr. REID. Mr. President, I ask unan- ‘‘(i) located within the United States; year and the President signed into law. imous consent that there be 20 minutes ‘‘(ii) permitted under a license issued by It is kind of a cruel hoax to repeal the each for debate prior to a vote in rela- State or local agency or the Secretary— death tax after a 10-year period, only ‘‘(I) to market milk for human consump- tion to the following remaining amend- tion; or to have that sunset the very next year. ments: Domenici 2851, as modified; ‘‘(II) to process milk into products for So if you are lucky enough to die in Kerry-Snowe 2852, with the time equal- human consumption; and the year 2010, your heirs don’t have to ly divided and controlled in the usual ‘‘(iii) operated by producers that commer- pay the tax. But if you are unlucky form; that the amendments must be de- cially market milk during the payment pe- enough to live to the year 2011, you go bated tonight; that no second-degree riod. right back to the death tax as it ex- amendments be in order to the amend- ‘‘(B) EXCLUSION.—The term ‘dairy farm’ isted last year, with a 60-percent rate, ments prior to a vote in relation to the does not include a farm that is operated by with only a $675,000 exemption. That a successor to a producer. amendments; that if the amendment is ‘‘(2) ELIGIBLE PRODUCTION.—The term ‘eli- will be a huge tax increase in that year not disposed of, then it remains debat- gible production’ means the average quan- unless we are able to make the death able and amendable; that the vote in tity of milk marketed for commercial use in tax repeal permanent. relation to these amendments occur on which the producer has had a direct or indi- I submit that all of us who voted for Wednesday in a stacked sequence in rect interest during each of the 1999 through that—the vast majority of the Mem- the order in which they were offered; 2001 fiscal years. bers of this body—certainly intended that there be 2 minutes for explanation ‘‘(B) each of fiscal years 2003 through 2005. that we weren’t playing a trick on the between each vote; that upon disposi- ‘‘(4) PRODUCER.—The term ‘producer’ American people. We intended the re- means the individual or entity that is the tion of all amendments, the remaining holder of the license described in paragraph peal of the death tax to be permanent provisions of the previous unanimous (1)(A)(ii) for the dairy farm. rather than just for 1 year. The com- consent agreement remain in effect; ‘‘(b) PROGRAM.—The Secretary shall make peting amendment is Senator provided further that a managers’ payments to producers. CONRAD’s. The bottom line is that we

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.101 pfrm02 PsN: S12PT1 S646 CONGRESSIONAL RECORD — SENATE February 12, 2002 not spend Social Security money either started a small printing company: He gradually phase down the amount of for tax cuts or wasteful spending. That eventually hired 200 people. He was one death tax until the ninth year, when it is a proposition with which I suspect of the most generous people in our finally goes out of existence, and 1 year we can all agree. community of Phoenix, AZ. He just later it is all back again in its worst The only problem with his proposal is could not say no. He had Boys and form—the form that existed last year. in the text of it, an assertion that the Girls Clubs named after him. He was a How do you plan against that? Unless proposal to make permanent the repeal very generous person. When he died, you are absolutely certain you are of the death tax actually would spend his family had to sell the business to going to die in the year 2010, you are Social Security money. That is incor- pay the estate taxes. They sold it to a going to have to pay the same lawyers, rect, as has been pointed out by Sen- big corporation. So much for pre- accountants, buy the same insurance, ators GRAMM and NICKLES. venting the accumulation of wealth. and do the same estate planning that Let me talk about the reasons we Has that big corporation ever contrib- you do today that you will have to do need to make the death tax repeal per- uted to charities in my community? tomorrow. You will have to do all of manent and why the arguments of Not that I am awere. those things, and the net result is a those who oppose that are simply in- The bottom line is these private, very inefficient and wasteful situa- correct. One of the arguments the Sen- family-owned businesses are pillars of tion—money that is unproductively ator from Rhode Island had was that their community. When they have to going to these people who could be put there is the myth that lots of people be sold off to some big corporation, productively back into the economy to pay the death tax. Actually, I didn’t don’t tell me you are going to have en- create jobs, stimulate the economy assert that. I don’t think most people hanced contributions to charity as a and, to be fair, frankly, to our families. would say lots of people pay it. Too result. That money is wasted unless you many estates pay it. I guess his point The Senator from New Jersey had a consider money going to lawyers as not was that people don’t pay it, estates couple of arguments—I wish he were being wasted. As a recovering lawyer, I pay it. Who owns estates? People do— still here. He is absolutely wrong in would argue differently. The fact is, the heirs, the children, usually, of the both of the arguments he made. I don’t that is unproductive capital. Wilbur person who has died. It is not a very think he has actually read the bill that Steger says if you can repeal it tomor- happy circumstance that the death of repealed the tax last year or he would row, you can inject $40 billion of cap- their father or mother causes them to not have made the statement that ital into our economy. have to pay a tax. All of the other taxes are not paid on unrealized capital The bottom line is repealing the taxes, with two minor exceptions that gains under the law that exists today, death tax is good economically. It is also good for the people who have to we have in our Tax Code, are a result of under the bill we passed last year. That plan against the eventuality of paying some action that we take, voluntary is not correct. We substitute the cap- the tax, and it is good for the families action. If you want to earn money, you ital gains tax for the estate tax. So for who otherwise would have to bear the have to pay income tax. The death tax the first time there will be a tax on un- burden of it. is the only one where you don’t choose realized capital gains. The only It is not fair because it is a tax on the event that triggers the tax. You amount we carve out from that is es- death rather than voluntary activity. die; you pay a tax. That is not some- sentially equal to the exemption we It is bad economic policy and bad tax thing you voluntarily do. have in the law today. So nobody who policy because nobody can figure out That is why everyone who has voted is exempt from paying the tax today under the law we passed last year what for it has agreed it is an unfair tax and would have to pay the tax 10 years they are going to have to do, again, un- it should not be paid. The fact that not from now. But except for that carve- less they know for sure they are going that many people pay it is beside the out, there is going to be a capital gains to die in the year 2010. point. It affects millions and millions tax substituted for the estate tax. So Let’s go back to the basics. Last of people. Whom does it affect? First of that argument of the Senator from year, because of a quirk in the law, we all, all the people in the families of the New Jersey is simply incorrect. could only pass a 10-year tax bill. We estates that are being taxed. Secondly, The second argument is also incor- did the best we could. We repealed the it affects all of the people who tried to rect, that no Social Security surplus estate tax within that 10-year frame. plan against the eventuality of paying funds should ever be used and that that Right after the 10 years expire, the a death tax. There are literally mil- is what would happen if we made per- whole provision sunsets, and we go lions of those people. manent the repeal of the estate tax. right back to the Tax Code as it existed In 1999, the estimate is that we col- But that is not correct either. As the last year. lected $23 billion in estate tax and, in Senator from Texas and the Senator Is that what we intended when the addition to that, Americans paid an ad- from Oklahoma pointed out, at the vast majority of us voted to repeal the ditional $23 billion in estate planning, point in time that the repeal of the estate tax we call the death tax? No. in insurance, to accountants and law- death tax is made permanent, we are Were we playing a cruel hoax on our yers and estate planners. So, in effect, running huge Social Security sur- constituents, claiming with great fan- it is a double tax. pluses. In 2010, for example, according fare that we repealed the death tax, Another point the Senator from to OMB, we would have a Social Secu- but knowing all along we really only Rhode Island made was that there is rity surplus that year of $290 billion—a repealed it for 1 year? Did we really in- really a demonstrable effect on chari- non-Social-Security surplus of $60 bil- tend for it to be repealed for 1 year? I table contributions. He cited a study lion. Subtract the $4 billion in costs daresay everyone who voted for repeal that said there might be fewer con- from the repeal of the death tax and of the death tax is going to support the tributions to charity if we repeal the you still have $56 billion in non-Social- amendment, the sense-of-the-Senate death tax. First, it should not be Fed- Security surplus, and you still have the resolution that says we should make it eral Government policy to force people original $290 billion Social Security permanent. Otherwise, they intended to give money to charity. That should surplus. something different certainly than I be from the heart, not because you So the OMB numbers—the very num- did and, I think, the vast majority of have a gun at your head. We can have bers referred to in Senator CONRAD’s the Americans who support this. incentives and we can have a tax credit amendment—belie the claim that we The President in his budget calls for if you contribute to charity. But we would be taking Social Security money the ‘‘permanentizing’’ of the repeal of should not say unless you contribute in order to pay for the repeal of the the death tax. That is calculated in his that money to charity, the Govern- death tax. It just isn’t true. budget, and OMB makes crystal clear ment is going to confiscate it from Mr. President, what are the reasons that budget is not taking one dime your heirs. That is unfair and not for making the repeal of the death tax from the Social Security surplus to do something Federal tax policy should permanent? The primary reason is fair- it. That is why we should reject the do. ness. But the secondary reason is the proposal of the Senator from North Da- Secondly, to summarize a story of a confusion that exists in the code if we kota which has in it a statement that friend of mine, Jerry Witsosky, who don’t do that. Think about it. We that is what we are doing.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.104 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S647 If he is willing to drop that one consent this list be printed in the Builders Association; American Society of clause of his sense-of-the-Senate reso- RECORD. Interior Designers; American Society of lution, then I will be the first to vote There being no objection, the mate- Travel Agents, Inc.; American Subcontrac- for his sense-of-the-Senate resolution rial was ordered to be printed in the tors Association; Associated Landscape Con- tractors of America; Association of Small and urge my colleagues to do so be- RECORD, as follows: Business Development Centers; Association cause I agree we should not take Social THE FAMILY BUSINESS ESTATE TAX COALITION of Sales and Marketing Companies; Auto- Security surplus money. But that is Air Conditioning Contractors of America; motive Recyclers Association; Bowling Pro- not what will happen if we are able to American Business Press; American Con- prietors Association of America; Building effect a permanent repeal of the death sulting Engineers Council; American Council Service Contractors Association Inter- tax. for Capital Formation; American Family national; Business Advertising Council; CBA; At the end of the day, this is all Business Institute; American Farm Bureau Council of Fleet Specialists; Council of about fairness. Is it fair to tax people Federation; American Forest and Paper As- Growing Companies; and the Cremation As- sociation; American Forest Resources Coun- who are members of a family and who sociation of North America. cil; American Hotel & Lodging Association; Direct Selling Association; Electronics did not choose that the breadwinner in American International Automobile Dealers Representatives Association; Health Indus- the family die? Is it fair to tax them up Association; American Supply Association; try Representatives Association; Helicopter to 60 percent of the value of that es- American Wholesale Marketers Association; Association International; Independent Com- tate, especially since many of the as- American Vintners Association; Americans munity Bankers of America; Independent sets of small businesses and farms are for Fair Taxation; Associated Builders & Electrical Contractors, Inc.; Independent tied up not in cash or liquid assets but Contractors; Associated Equipment Distribu- Medical Distributors Association; Inter- in the business itself, so that the net tors; Associated General Contractors; Asso- national Association of Refrigerated Ware- ciation for Manufacturing Technology. result is they cannot just write a check houses; International Association of Used Citizens Against Government Waste; Citi- Equipment Dealers; International Business for that obligation, they literally have zens for a Sound Economy; Communicating Brokers Association; International Fran- to sell the business, as my friend Jerry For Agriculture; Construction Industry Man- chise Association; Machinery Dealers Na- Witsosky’s family had to do? Is that ufacturers Association; Farm Credit Council; tional Association; Mail Advertising Service fair? Fierce and Isakowitz; Food Distributors Association; Manufacturers Agents for the Is that the policy the U.S. Govern- International; Food Marketing Institute; Food Service Industry; Manufacturers ment should be setting? I submit the Guest & Associates; Independent Community Agents National Association; Manufacturers answer is no. That is what the vast ma- Bankers of America; Independent Insurance Representatives of America, Inc.; National jority of Senators said last year. The Agents of America; International Council of Association for the Self-Employed; National Shopping Centers, Kessler & Associates; Na- House of Representatives concurred, Association of Plumbing-Heating-Cooling tional Association of Beverage Retailers; Na- Contractors; and the National Association of and the President signed the repeal of tional Association of Convenience Stores; Realtors. the death tax into law. National Association of Home Builders; Na- National Association of RV Parks and The only problem with that is, as I tional Association of Manufacturers; Na- Campgrounds; National Association of Small have said, it sunsets after the 10th tional Association of Plumbing-Heating- Business Investment, Companies; National year. That is what we need to correct. Cooling Contractors; National Association of Community Pharmacists Association; Na- We need to find the right vehicle to do Realtors; National Association of Whole- tional Electrical Contractors Association; that. It has been said the farm bill is saler-Distributors; National Automobile National Electrical Manufacturers Rep- Dealers Association; National Beer Whole- not the right bill to do that, even resentatives Association; National Lumber & salers Association; National Cattlemen’s Building Material Dealers Association; Na- though the tax has a very perverse ef- Beef Association; National Corn Growers As- fect on family farms. That is why we tional Ornamental & Miscellaneous Metals sociation; National Cotton Council; National Association; National Paperbox Association; bring this sense-of-the-Senate resolu- Electrical Contractors Association. National Private Truck Council; National tion to our colleagues—if you agree National Federation of Independent Busi- Retail Hardware Association; National Tool- with us that we make the repeal of the ness; National Grocers Association; National ing and Machining Association; National death tax permanent, that we intended Licensed Beverage Association; National Wood Flooring Association; Painting and to do that, and we intend to do as soon Lumber and Building Material Dealers Asso- Decorating Contractors of America; Petro- ciation; National Marine Manufacturers As- as we have the right opportunity and leum Marketers Association of America; sociation; National Newspaper Association; Printing Industries of America, Inc.; Profes- reject the competing sense-of-the-Sen- National Restaurant Association; National ate resolution that claims that doing sional Lawn Care Association of America; Roofing Contractors Association; National Promotional Products Association Inter- this would take money from the Social Small Business United; National Telephone national; The Retailer’s Bakery Association; Security surplus, something which now Cooperative Association; National Tooling & Saturation Mailers Coalition; Small Busi- three of us have pointed out is abso- Machining Association; National Utility ness Council of America, Inc.; Small Busi- lutely totally false. Contractors Association; Newspaper Associa- ness Exporters Association; SMC Business If the author of the competing sense- tion of America; Ocean Spray Cranberries, Councils; Society of American Florists; Spe- of-the-Senate resolution will drop that Inc; Organization for the Promotion & Ad- cialty Equipment Market Association; Tire vancement of Small Telecommunications Association of North America; Turfgrass claim and will simply say it is the Companies (OPASTCO); Painting & Deco- sense of the Senate we not spend the Producers International; United Motorcoach rating Contractors of America; Petroleum Association; Washington Area New Auto- Social Security surplus to Marketers Association of America; Printing mobile Dealers Association. ‘‘permanentize’’ tax cuts or on wasteful Industries of America; Rock Hill Telephone spending, then we will be happy to sup- Company; Safeguard America’s Family En- Mr. KYL. Mr. President, I hope my port that. We can support both of terprises; Society of American Florists; colleagues are joined in making perma- them. Otherwise, we are going to have Southeastern Lumber Manufacturers; Texas nent the repeal of the death tax, and to vote against the sense-of-the-Senate and Southwestern Cattle Raisers Associa- we can express that is our intention tion; Textile Rental Services Association; resolution of the Senator from North when we vote on this tomorrow morn- Tire Association of North America; United ing. Dakota, and I urge my colleagues to States Telecom Association; U.S. Business & support the sense-of-the-Senate resolu- Industry Council; U.S. Chamber of Com- The PRESIDING OFFICER (Mr. JEF- tion that Senator NICKLES, Senator merce; Wine and Spirits Wholesalers of FORDS). The Senator from Minnesota is HUTCHISON, I, and others have spon- America; and the Wine Institute. recognized for 15 minutes. sored. It is the right thing, it is the fair MEMBERS OF THE SMALL BUSINESS Mr. DAYTON. I thank the Chair. thing, and it is the honest thing to do LEGISLATIVE COUNCIL Mr. President, I want to take a dif- for the American people so they are Air Conditioning Contractors of America; ferent tack from some of my Demo- not misled that our action last year in Alliance of Independent Store Owners and cratic colleagues and say to the Sen- repealing the death tax is for all time. Professionals; Alliance of Affordable Serv- ator from Arizona and others who have It is not. It is only for 1 year. ices; American Bus Association; American expressed his point of view that I un- I conclude by submitting for the Consulting Engineers Council; American derstand and respect his sentiment as Council of Independent Laboratories; Amer- RECORD a list of organizations that ican Machine Tool Distributors Association; one which reflects also accurately what support the permanent repeal of the es- American Moving and Storage Association; I have heard from a lot of Minnesota tate tax, what I have been referring to American Nursery and Landscape Associa- farmers, a lot of Minnesota business as the death tax, and I ask unanimous tion; American Road & Transportation owners throughout the State.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.106 pfrm02 PsN: S12PT1 S648 CONGRESSIONAL RECORD — SENATE February 12, 2002 I am convinced, regardless of what their income taxes. And certainly for ade, which the Congressional Budget my particular view might be and re- employers, for businesses, it is per- Office predicts would cost $4 trillion. If gardless of what the facts of the situa- ceived as a cost and as an impediment we look at the numbers, we will see we tion might be, that any farmer or busi- to hiring additional people. cannot afford to sacrifice another $4 ness person or probably anybody who Another inequity we will face over trillion in tax revenues during that has accumulated some estate who even this next decade as it stands today is time. believes it is possible that he or she some 39 million Americans will be The Social Security payments are will ultimately be affected by this tax bumped up against the alternative going to increase. The national debt considers it onerous. I can see for those minimum tax by the year 2011 under has not been eliminated. Frankly, I am it does impact, they consider it oner- current law. not even as concerned about that dec- ous. We should remedy all of those inequi- ade, at least not tonight, as I am about I agree with the Senator from Ari- ties. The bottom line is, and what Sen- the decisions we will be making over zona that the decision made a year ago ator CONRAD was asking his colleagues the next few weeks and months that by the Congress, signed into law, to fi- to recognize tonight, and what the will affect what precedes that decade. nally repeal the estate tax entirely in American people need to understand I assume Senator KYL’s amendment the year 2010 and then reverse that re- about the course that we are about to will pass tomorrow. It is a sense-of-the- peal and go back to the pre-2001 tax head down, is we cannot afford to make Senate resolution. It has no force of level is nonsensical, absurd, and should all of these tax cuts and all of the law. It does not start to take effect have been recognized last year for what spending increases which the Presi- until the year 2011. That is about as it was, which was an attempt—in fact, dent’s budget proposes without seri- easy a tax cut vote as anybody can a successful effort—to compress 10 ously weakening the financial strength ever hope for. years of tax cuts permitted by the of this country so that in a decade, at I implore my Republican colleagues, budget resolution into the first 9 years the end of this 10-year budget period, I implore all of my Senate colleagues, of the budget so we would face exactly we are likely to be unable to meet the to review the President’s budget pro- this predicament and there would be, increased demands of Social Security posals and to review Senator CONRAD’s as the Senator said, and properly so, no and medical benefits of an aging popu- predictions because they essentially logical explanation to the American lation. agree. They say if that budget is adopt- people for why these tax cuts which oc- If we take the President’s budget, as- ed, we are heading into another decade- curred over those 9 years are suddenly sume that the Congress does not long spree of cutting taxes. We did last all going to disappear in the 10th year. change one thing about it, and then year. Now some want to accelerate In fact, I think that argument can apply the Office of Management and those tax cuts. We want to make some equally apply to the reduction in the Budget, the administration’s own fiscal of those tax cuts permanent in fol- rates which would also go back to their expert, consequences of that budget, as lowing decades—popular decisions, pre-2001 levels if no change is made. Senator CONRAD said, and it bears re- every one of them not in context. The child tax credit, which will go up peating, for those next 10 years every We are proposing to embark on a to $1,000 per child, reverts back down dollar in the Federal Government’s op- major military spending spree, $451 bil- to its pre-2001 $500 level. erating budget, the surpluses, will be lion of additional defense spending in I agree with the Senator what was eliminated. All of the surpluses in the the next 5 years compounded through done last year was nonsensical, and Medicare trust fund for every 1 of those the next 5 years, spending that we are any rational person trying to look into 10 years will be eliminated. Sixty per- not paying for with the tax cuts; that that situation, any tax planning expert cent of the Social Security trust fund we are paying for with the Medicare advising someone about his or her tax surpluses, totaling $1.5 trillion during and Social Security trust funds. Those plan decisions, especially as that year that time, will have to be spent to pay are the unavoidable realities, the un- 2011 approaches, is going to say what it for the operating deficits which will re- pleasant realities that we would prefer is, and with which I agree: It is nonsen- sult, leaving at the end of those 10 to avoid. If we do that, we will jeop- sical and ridiculous to conduct tax pol- years in the fiscal year 2012, $1 trillion ardize the long-term financial security icy in that way. of surpluses in the Social Security of this Nation. I invite the Senator from Arizona to trust fund, and $1.9 trillion of debt that If we repeat what occurred in the work with me—and I look forward to has not been paid because of this addi- 1980s and send this country down the doing so—to change this practice which tional spending—national debt that, I path of ongoing budget deficits, we will I encountered last year which, for the might add, was projected originally a bequeath to our children and those who first time, my first year—I understand year ago to have been eliminated by follow a fiscal nightmare of unprece- the tactic, but I think it is fundamen- the end of these 10 years. dented proportions. Regardless of what tally wrong no matter who perpetrates So I repeat, if we, today, were to we do tomorrow with the sense-of-the- it, to be having tax changes phasing in, adopt the budget which the President Senate resolution, the real decisions phasing out, and the like. These are has sent to the Congress, without a we are going to face in the months the kinds of games and manipulations change, if the economy of this country ahead will not be those kinds of cos- we all realize occur. No wonder the over the next decade performs accord- metics. They will be real commitments American people do not think we have ing to OMB’s assumptions, which are to tax cuts and to spending increases a Tax Code they can depend upon, that we will come out of the recession that will be sweet and appealing at the trust, that makes sense. They are quickly, we will boost up above average time, but the reality is they will jeop- right. GDP, and then we will continue at a ardize this country’s financial strength In my experience, just about any tax rate for the rest of the decade that will and stability. that is imposed upon people is consid- result in a decade average of 3.1 per- I yield the floor. ered onerous. As a policymaker, I guess cent real growth in GDP; in other The PRESIDING OFFICER. The Sen- I am left wondering which of those words a reasonably optimistic eco- ator from Indiana. taxes, from the standpoint of perceived nomic assumption sustained over 10 AMENDMENT NO. 2851 burden and actual burden, would be the years—low inflation, 2.1 percent, unem- Mr. LUGAR. Mr. President, under the prime candidates to be reduced if we ployment staying at 4.9 percent, good unanimous consent agreement that has had the resources to do so. economic conditions—we will still face been adopted on amendment No. 2851, I certainly note that competing with $849 billion in deficits in our operating the Domenici amendment on dairy, the estate tax elimination, in terms of budgets which have to be made up by that debate must occur this evening. what taxes impact most Americans, Social Security and Medicare trust The provision provides for 2 minutes of the payroll tax would certainly be my fund dollars. debate tomorrow prior to the vote, first candidate, especially as it affects At that point, we end up facing the equally divided. Senator DOMENICI is the employee. Seventy-five percent of proposal of Senator KYL and others not able to be present. Earlier today, working Americans pay more out of that we should eliminate the estate tax on his behalf, I offered the amendment their payroll taxes than they do out of permanently during that following dec- with a short argument.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.107 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S649 I ask that the Chair call up amend- those producers in the 12 New England states manner. The program that I propose is na- ment No. 2851. currently producing 18% of our nation’s tional in scope. The PRESIDING OFFICER. The milk, will receive a disproportionate 25% in Dairy prices can change rapidly from amendment is now pending. producer payments. This is inconsistent with month to month. Rather than burden the the vast majority of other programs where Mr. LUGAR. Mr. President, I yield Secretary with the costs of computing pay- the loan rate, or payment rate for a par- ment rates and making monthly payments, I myself as much time as I may require ticular commodity is the same for producers propose to streamline this process and make from the 10 minutes provided to the all across the country. There is no market an annual flat payment to producers over proponents of the amendment. justification for this type of division. the next five years which will approximate The PRESIDING OFFICER. The Sen- FAPRI analysis of S. 1731 shows that the the counter-cyclical payments they would ator may proceed. response to these payments would result in receive if computed and paid like other com- Mr. LUGAR. Mr. President I will read depressed market prices. By the last year of modities. Estimates show that rate to be ap- the program, estimates predict that income from a letter which Senator DOMENICI proximately 31.5 cents per hundredweight on has written to his colleagues in the to dairy farmers in every state would be re- all milk produced. Under this approach, ad- duced. This is a reduction on all milk—not ministrative costs will be reduced and pay- Senate in support of amendment No. just milk of a certain level of production. ment uncertainties will be eliminated. A 2851: Thus, producers whose milk is not eligible payment on all milk will provide, in gross I ask you to join me in making the dairy for the payments will be receiving less dollars, as much or more money to virtually title of the farm bill equitable to all pro- money for their milk than if the payments all states. A table illustrating this is at- ducers across the country. There is currently were not made at all. To be fair, those pro- tached. $2 billion available in S. 1731 over the next ducers should not have to pay for this policy. I ask unanimous consent to have five years for the dairy program. However, All producers should be allowed to fully par- the dairy title of the farm bill currently ticipate. that printed in the RECORD. under consideration on the Senate floor I ask that you support an amendment that There being no objection, the table gives special treatment to 12 states at the will be offered on my behalf that will dis- was ordered to be printed in the expense of the remaining 38. Specifically, tribute this $2 billion in a more equitable RECORD, as follows: COMPARISON OF PRODUCER PAYMENTS DASCHLE SUBSTITUTE—DOMENICI AMENDMENT

Eligible Daschle substitute Domenici State 2001 produc- pounds (mil- amendment tion (million) lion) Min ($thous) Mid ($thous) Max ($thous) (thous)

Alabama ...... 300 278 486 1,652 3402 3623 Alaska ...... 14.36 13 23 79 163 173 Arizona ...... 2884 854 1494 5079 10457 34824 Arkansas ...... 459 425 743 2528 5204 5542 California ...... 33194 15435 27012 91839 189081 400818 Colorado ...... 1961 1181 2066 7024 14461 23679 Connecticut ...... 459 425 5785 7646 7646 5542 Delaware ...... 140.9 130 1776 2347 2347 1701 Florida ...... 2389 1206 2111 7178 14779 28847 Georgia ...... 1431 1241 2171 7382 15198 17279 Hawaii ...... 106.4 98 172 586 1206 1285 Idaho ...... 7754 3644 6378 21684 44644 93630 Illinois ...... 2020 2006 3510 11935 24572 24392 Indiana ...... 2576 2476 4332 14729 30325 31105 Iowa ...... 3785 3702 6478 22025 45346 45704 Kansas ...... 1560 1444 2527 8591 17688 18837 Kentucky ...... 1657 1654 2894 9839 20258 20008 Louisana ...... 629 582 1019 3464 7132 7595 Maine ...... 656 607 8268 10928 10928 7921 Maryland ...... 1285 1207 16430 21716 21716 15516 Massachusetts ...... 366 339 4613 6097 6097 4419 Michigan ...... 5721 5166 9041 30738 63284 69081 Minnesota ...... 8895 8610 15068 51232 105477 107407 Mississippi ...... 505 467 818 2781 5726 6098 Missouri ...... 1972 1942 3399 11557 23795 23812 Montana ...... 346 320 560 1906 3923 4178 Nebraska ...... 1146 1061 1856 6311 12994 13838 Nevada ...... 485 449 786 2671 5499 5856 New Hampshire ...... 322 298 4058 5364 5364 3888 New Jersey ...... 242 224 3050 4031 4031 2922 New Mexico ...... 5561 1268 2219 7544 15532 67149 New York ...... 11750 11045 150396 198781 198781 141881 North Carolina ...... 1164 1083 1894 6441 13261 14055 North Dakota ...... 655 606 1061 3607 7427 7909 Ohio ...... 4388 4318 7556 25691 52893 52985 Oklahoma ...... 1293 1050 1837 6247 12861 15613 Oregon ...... 1746 1437 2515 8550 17603 21083 Pennsylvania ...... 10849 10697 145669 192520 192520 131002 Rhode Island ...... 23.6 22 297 393 393 285 South Carolina ...... 363 336 588 1999 4116 4383 South Dakota ...... 1631 1432 2506 8521 17542 19694 Tennessee ...... 1335 1324 2318 7880 16223 16120 Texas ...... 5099 4166 7290 24787 51032 61570 Utah ...... 1634 1428 2499 8497 17494 19731 Vermont ...... 2678 2557 34824 46028 46028 32337 Virginia ...... 1878 1850 3237 11006 22660 22677 Washington ...... 5512 3467 6067 20629 42471 66557 West Virginia ...... 249 230 3138 4148 4148 3007 Wisconsin ...... 22225 21558 37727 128272 264089 268367 Wyoming ...... 63 58 102 347 714 761 Total ...... 165,357 ...... 552,657 1,092,831 1,720,534 1,996,689 Source: USDA Dairy Products 4/17/01, 7/17/01, 10/16/01, 1/17/02. Eligible pounds are pounds per operation at or below 8,000,000 per year and approximate the percentages used by FAPRI in its analysis. Payment rates under Daschle Substitute are from Ken Bailey. Penn State Staff paper #344, December 20, 2001. Analysis of the Dairy Provisions in the Senate Version of the Farm Bill. Payments in the NE Program had to be reduced to keep within the 500 million budgetary cap.

Mr. LUGAR. I continue reading: A well known dairy economist with Penn ferent under S. 1731. These producers are State University, using recent historical members of the same cooperatives, use the I also propose the elimination of caps on prices, estimated that payments for the same trucking companies and otherwise par- payments to producers based upon produc- Northeast farmers would be from 24 cents to ticipate in a single market. Yet, some in the tion. This is a fairness issue. Since 1983, 91 cents per hundredweight with an average market order stand to make 3 to 4 times as dairy producers have paid assessments for of 57 cents. At the same time producers else- much as their neighbors, while market prices their programs. These assessments have al- where would receive from nothing to 35 cents in the rest of the country are significantly ways been without limitation. Now that with a mid point of 14 cents. reduced as a result of the disparity. there are payments, these producers should Producers in the same marketing orders benefit from the same policy—payments who share the same blend prices and the Again, I urge you to join me in making the without limitations. same markets, could be treated vastly dif- dairy title equitable to all producers. If you

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.110 pfrm02 PsN: S12PT1 S650 CONGRESSIONAL RECORD — SENATE February 12, 2002 are interested in co-sponsoring this legisla- tion of an Electronic Benefits System Program so that there is some nar- tion or need additional information, please for the nutrition program. The Com- rowing of the gap between the Federal contact Shelly Randel at 224–1964. monwealth thus joins the 50 States as Food Stamp Program and the Nutri- I wish Senator DOMENICI were here to they modernize their food stamp dis- tion Assistance Program. make the statement himself and to fur- tribution services to ensure authorized Again, I thank the chairman for his ther amplify the equity of his program, purchases by the individuals for whom excellent work on this issue, and I look but common sense would dictate that the benefits were intended. They have forward to working with him to ad- there should be equity among the worked effectively with the USDA’s vance this cause. States. Clearly, there is not. Clearly, Food and Nutrition Service to Mr. LUGAR. Mr. President, I would dairy farmers with almost identical strengthen the administration of the like to associate myself with the re- conditions and identical cooperatives program to ensure that limited dollars marks of my friend, the distinguished should have equitable treatment. S. are stretched to the maximum. Senator from Vermont. As I have indi- 1731 clearly does not accomplish that. However, as of 2000, the annual pur- cated in remarks throughout the Sen- Therefore, I commend the Domenici chasing power of NAP was $147 million ate’s deliberations on this bill, nutri- amendment to Senators. I am hopeful less than when it was enacted 22 years tion assistance is of paramount impor- when the debate concludes tomorrow ago, compared to the cost of household tance for enhancing our nation’s secu- after the 2 minutes, 1 minute a side to food on the mainland. If you use the rity. I am familiar with the Nutrition summarize, that Senators will vote in index measuring the increased cost of Assistance Program in Puerto Rico and favor of the Domenici amendment. food in Puerto Rico, you find that the recognize the importance of adjusting I yield the floor and suggest the ab- purchasing power of the program has benefit levels and income requirements sence of a quorum. fallen by almost $1 billion. for inflation. This is why Senator The PRESIDING OFFICER. The The loss of purchasing power has real COCHRAN and I worked together on leg- clerk will call the roll. effects on real children. If you look at islation, 2 years ago, that now provides The assistant legislative clerk pro- the NAP and compare it to the Federal such an adjustment. I look forward to ceeded to call the roll. Food Stamp Program, you find that working with Senator LEAHY, Chair- Mr. LUGAR. Mr. President, I ask the program, 1, does not provide simi- man HARKIN and the other conferees in unanimous consent that the order for lar benefits; and 2, the budget limita- the conference on this bill to explore the quorum call be rescinded. tions have excluded many low-income this issue by assessing the needs of The PRESIDING OFFICER. Without children in Puerto Rico from participa- low-income Puerto Ricans and possible means of addressing those needs. objection, it is so ordered. tion in the program. Mr. LUGAR. Mr. President, I will ask For example, the Food Stamp Pro- PEANUT PROGRAM again that a quorum call be instituted gram’s monthly income limitation is Mr. SANTORUM. Mr. President, I with the time evenly divided between $1,531 for a family of three on the main- rise to engage in a colloquy with my the two sides. land and in the Virgin Islands, but the distinguished colleague from Georgia, The PRESIDING OFFICER. Without NAP program must limit participation Mr. MILLER, regarding the peanut title objection, it is so ordered. in the program to families of three of the proposed farm bill. My colleague represents the largest Mr. LUGAR. I suggest the absence of whose income is $558. This amount peanut growing State and I represent a quorum. equals about 47% of the Federal pov- one of the largest peanut product man- The PRESIDING OFFICER. The erty level, while participation in the ufacturing States. I compliment him clerk will call the roll. Federal Food Stamp Program is ex- for his leadership and I am pleased by The assistant legislative clerk pro- tended to those whose incomes are less the efforts of the Agriculture Com- ceeded to call the roll. than 150% of the Federal poverty level. mittee in moving to a market-oriented Mr. REID. Mr. President, I ask unan- The NAP maximum benefit level for peanut program. My foremost concern imous consent the order for the the family of three is $268 as compared is for elimination of the peanut quota quorum call be dispensed with. to $341 for food stamps on the mainland system, which has restricted peanut The PRESIDING OFFICER. Without and $431 on the Virgin Islands. this production in the United States. Do objection, it is so ordered. problem becomes even more egregious the provisions of this farm bill termi- Mr. LEAHY. Mr. President, I would when the cost of purchasing essential like to bring to the Senate’s attention nate the peanut quota program? food items is compared between Puerto Mr. MILLER. Yes, the legislative an issue that I hope we might continue Rico and the mainland. For example, a language of this farm bill explicitly to work on during the conference on gallon of milk in San Juan costs $3.89 terminates the peanut quota system ef- the farm bill. Last year President Bush compared to $2.87 in Washington, D.C. fective with the 2002 crop. The bill also set a theme that we ‘‘should not leave When Congress established the Nutri- provides that the Secretary of Agri- any child behind.’’ While the world has tional Assistance Program it was our culture is to enter into contracts that certainly changed in the past year, I intent to reduce cost and permit the will compensate quota owners for the believe that one of the reasons we will Commonwealth flexibility in providing lost of their quota. succeed in the war against terrorism is nutrition support. We certainly did not Mr. SANTORUM. I believe such pro- that we understand the importance of intend to create a gap such as the one visions are useful, but I would like to leaving no child behind. It is my hope that now exists between these two pro- have the compensation to quota owners that as we work through this con- grams. terminated 1 year before the end of this ference we will keep our children’s Puerto Rico’s children are U.S. citi- 5-year farm bill. I have no problem health as a top priority. zens who deserve a greater opportunity with the House bill, which buys out The Food Stamp Act provides assist- for nutritional support. These young quota owners over a 5-year period in ance to millions of children living in men and women will serve in the U.S. the context of a 10-year farm bill. the United States. In 1980, Congress re- military, they will pay Social Secu- Mr. MILLER. If we end up with a 5- moved Puerto Rico from the food rity, Medicare and unemployment year farm bill as a result of the House- stamp program as a budget-cutting ini- taxes, and they are expected to com- Senate conference, my quota owners tiative and established in its place the pete in the U.S. labor market. I believe would have no problem in having their Nutrition Assistance Program, a block that we need to ensure that children quota bought our over 4 years. There- grant for Puerto Rico to provide a who are U.S. citizens and live in Puerto fore, I commit to the Senator to work modified Food Stamp Program. The Rico are not left behind when it comes with the House-Senate conferees to en- Nutrition Assistance Program in Puer- to nutrition. sure that we end the quota owner buy- to Rico known as NAP, provides sup- I look forward to working with the out contract 1 year shy of any farm bill port to over 400,000 children. distinguished chairman; the distin- reauthorization. Over the past year, Puerto Rico’s guished ranking member Senator Mr. SANTORUM. I thank my col- Governor Sila Calderon and her admin- LUGAR; and the other conferees to ex- league for this unquestioned commit- istration have moved aggressively and amine alternatives for providing re- ment to finding an agreeable resolu- voluntarily to complete implementa- sources to the Nutrition Assistance tion. I understand that these reforms

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.061 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S651 may be difficult for some of his peanut the distinguished senior Senators from grants and their families. Immigrants quota growers. However, if we fail to Massachusetts, Pennsylvania, Florida, come to this country today for the provide real reform of the peanut pro- and Minnesota. Each of us worked same reasons that have brought them gram we will have done a great dis- closely with the distinguished Chair- here throughout our history: to live in service to the entire U.S. peanut sec- man and Ranking Member of the Com- freedom and the opportunity to earn a tor. mittee on Agriculture to ensure that better life for themselves and their Mr. MILLER. Ever-expanding peanut the nutrition title of the pending legis- families through hard work. Unfortu- imports are threatening the current lation represents an important step nately, many immigrants, like other and future viability of the peanut in- forward to improve the program’s abil- workers in this country, will at times dustry in Georgia and other peanut- ity to help low-income children, work- find it difficult to obtain work. Others producing and manufacturing states. ing poor, and the elderly. As a former may be unable to work for a period of Peanut growers, shellers, and manufac- chairman of the Agriculture Com- time because of workplace injuries or turers will come under increasing pres- mittee, I know the importance of family illnesses. To prevent these hard- sure as peanut production and peanut achieving balance in a farm bill. To en- working, tax-paying families from suf- processing infrastructure moves off- sure broad, bipartisan and bicameral fering serious hardship, it is vital that shore. I am pleased to say that this support, a farm bill must have a strong we extend our country’s nutritional new peanut program offers a positive nutrition title that benefits urban and safety net, the food stamp program, to resolution for the entire peanut indus- suburban areas that feel less of a direct more legal immigrants, particularly try, and the new program ensures that stake in the agricultural provisions of immigrant children. Unlike its coun- the U.S. peanut sector is competitive the bill. I think the pending legislation terpart in the other chamber, the nu- in the world marketplace. has that. Unfortunately, the bill passed trition title of this legislation does just Mr. SANTORUM. I applaud the lead- by the other body earlier this fall does that. I am proud to support that effort. ership and foresight of the Senator not. A mere $3.6 billion out of a $73.5 Mr. WELLSTONE. While falling from Georgia in developing a peanut billion farm bill does not come close to somewhat short of what I had hoped for program that truly brings needed re- representing balance and leaves unmet in terms of nutrition funding, this leg- form to the program while presenting too many of the urgent nutritional islation nonetheless makes important new opportunities for young peanut needs of low-income families in urban, strides to help ensure that the most farmers. suburban, and rural areas alike. vulnerable among us are not left with- Mrs. CARNAHAN. Mr. President, I Mr. KENNEDY. This farm bill makes out adequate nutrition in this land of wish to enter a short colloquy with the important progress in ensuring the nu- plenty. Refugees and asylees, who Senator from Iowa, Chairman of the tritional well-being of low-income chil- enter this country to escape foreign op- Agriculture Committee and the floor dren. The food stamp program is by far pression, could receive food stamps for manager of this bill. As you know, the our nation’s largest and most impor- as long as they need them without hav- manager’s amendment contains a pro- tant child nutrition program. Over half ing to worry about an arbitrary time vision designed to remedy problems of all food stamp recipients are chil- limit such as the one in current law. that transpired last year in the pro- dren. Four-fifths of all food stamp ben- Childless unemployed adults could re- grams governed by Public Law 107–25. efits go to families with children. De- ceive six months of food stamps within My question is whether this remedy ap- spite its important mission, however, a twenty-four month period designated plies to farmers eligible for payments this program has been in trouble. Fully by the state. This is still a harsh provi- and assistance under Public Law 107–25, half of the savings in the 1996 welfare sion, tougher than the provision that but who were denied payments and as- law came from budget-driven cuts in twice passed the Senate in the mid- sistance because their cases were under food stamp benefits. Since then, sharp 1990s with bipartisan support. Nonethe- appeal when the September 30, 2001 reductions in the participation rate less, it would give more people enough deadline passed. among eligible households have pro- time to find new employment before As the distinguished Senator might duced huge additional problems. As a their food stamp eligibility runs out. know, several Missouri farmers did not result, significant unmet need exists The legislation also preserves a $25 receive payments and assistance they among low-income children in our million fund to help these states pro- were entitled to under Public Law 107– country. This legislation takes impor- vide work slots to persons reaching 25. It was impossible for these Missouri tant steps to address these problems. It this time limit. The legislation also farmers to meet their September 30 recognizes that one of the clear con- helps the very poorest of the poor by deadline because their cases were under sequences of welfare reform is that increasing the standard deduction and appeal. They received no payments children have been hurt. It was never by providing transitional food stamps even though it was eventually deter- the intention of the 1996 law to cut off to persons leaving welfare because they mined that they were eligible for as- these children. This legislation re- obtained low-paying jobs or because sistance. So, by no fault of their own, stores benefits to all children to elimi- they reached a time limit. several Missouri family farmers face nate confusion, and to encourage par- Mr. LEAHY. I fully concur with and ominous financial situations without ents to apply for benefits on behalf of support the comments of all four of my the clarifications provided in this their children. In addition, this legisla- distinguished colleagues that have just amendment. tion recognizes that families with chil- spoken on the nutrition title of the Mr. HARKIN. I commend the Sen- dren have greater living expenses than farm bill. In addition to the many im- ator’s work on behalf of Missouri fam- single individuals, and it adjusts the portant features of the bill highlighted ily farmers and thank her for her con- food stamp standard deduction accord- in their remarks, I would like to add sideration of this amendment. This ingly. It relies on the fundamental con- that this legislation also takes major amendment will indeed apply to farm- cept, similar to the concept in legisla- steps to simplify the program. House- ers who were under appeal status when tion I introduced last year with Sen- holds would be permitted to report on the deadline passed but later were ator SPECTER, that food stamp benefits changes in their circumstances by fill- found to be in compliance and eligible should not start to phase down until a ing out a simple form every six months for payments and assistance under family’s income is nine percent above rather than having to take time off Public Law 107–25. The amendment pro- the poverty line. By providing more from work to visit the food stamp of- vides that they will receive payments adequate food assistance benefits to fice, as often happens today. The cum- for which they were eligible and have children, we can help ensure that they bersome recertification process would not received. I am pleased that this go to school ready to learn and grow up be replaced by the same kind of rede- amendment will help Missouri farmers to be strong, healthy, productive mem- termination process long used in the facing difficult situations. bers of our society. SSI and Medicaid programs. The cru- NUTRITION Mr. GRAHAM. Accordingly, one of cial excess shelter deduction would be Mr. LEAHY. Mr. President, I ask to the most important aspects of the nu- retained. This is essential to protect be recognized for the purpose of engag- trition title of this legislation is its families in cold weather states like ing in a colloquy with my good friends, sensitivity to the needs of legal immi- Vermont from facing the cruel choice

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.064 pfrm02 PsN: S12PT1 S652 CONGRESSIONAL RECORD — SENATE February 12, 2002 between heating and eating. Nonethe- in more than 20 countries throughout not be able to break into these foreign less, legislation would greatly simplify the world. Since 1987, when the apple markets on their own. the calculation of households’ utility industry first used MAP funds, apple The Market Access Program helps costs. States would be given the option exports have increased by 88 percent. create and protect U.S. jobs, combat to conform their definitions of income Nearly one-quarter of fresh U.S. apple inequitable trade practices, improve and resources in the food stamp pro- production is exported each year, with the U.S. balance of trade, and improve gram to those they use in other pro- an estimated value of nearly $400 mil- farm income. grams. This should allow states to lion. I thank the Senator from Washington eliminate unnecessary questions from If we are not aggressive, we will not for her leadership on this issue. I look their application forms. In simplifying gain market share. forward to continuing our work to- the program, this legislation strives to My amendment would have modified gether on increasing funding for this protect families in need from experi- the Senate Farm Bill to fund MAP at valuable program. To the distinguished encing hardship. Simplification should $200 million by 2004, and brought the Chairman of the Agriculture Com- be a means of helping the program Senate bill more in line with the mittee, thank you for your continued serve families better, not an end unto House-passed Farm Bill, which funds help and support. itself. I believe the simplification pro- MAP at $200 million beginning in fiscal Mrs. MURRAY. I thank the Senator visions in this legislation meet that year 2002. While it may not be possible from California for her remarks. I test. As a result, this legislation makes to fully fund MAP at $200 million in fis- would ask the Senator from Iowa if he important progress toward simplifying cal year 2002, I strongly support fund- supports raising MAP funding to $200 the program in ways that the benefit of ing MAP at this level beginning in fis- million as soon as possible in the final State administrators and needy fami- cal year 2003. Farm Bill that is sent to President lies alike. Mrs. MURRAY. I want to begin by Bush. MARKET ACCESS PROGRAM FUNDING thanking Senator FEINSTEIN for her Mr. HARKIN. I want to thank the Mrs. MURRAY. Mr. President, I rise strong advocacy for additional Market Senators from Washington and Cali- today to speak on an amendment I Access Program funding. I also want to fornia for their strong advocacy for the filed to the farm bill that would en- commend the Chairman of the Senate Market Access Program. I believe this hance funding for the U.S. Department Agriculture Committee, Senator HAR- is an indispensable program, particu- of Agriculture’s Market Access Pro- KIN, for writing a strong trade title in larly for specialty crop producers gram. I appreciate the support and co- this Farm Bill. It is clear to me that around the country. sponsorship of Senators FEINSTEIN, Senator HARKIN understands how crit- To answer the question raised by the CRAIG, CANTWELL, BOXER, and WYDEN ical USDA trade programs are to our Senators from Washington and Cali- on this amendment. farmers and ranchers, and to hungry fornia, I agree we need to fund MAP at Last year, the House of Representa- nations around the world. $200 million. The conference committee tives passed Trade Promotion author- I am concerned, however, about the will have to address many difficult ity by one vote, and the World Trade level of funding for the Market Access issues, however I believe it is a reason- Organization meetings in Doha Program in the early years of this able goal to try to fund MAP at $200 wrapped up with an agreement to begin Farm Bill. I was prepared to offer an million as soon as possible, recognizing a new round of trade negotiations. In amendment to the Farm Bill to add that it may take some time for USDA Washington, D.C., and in the capitals $145 million to the Market Access Pro- to ramp up the program effectively. of nation’s around the world, it appears gram, so that we would fund MAP at Mrs. MURRAY. I thank the Senator that momentum is building to expand $200 million sooner than in the under- from Iowa for his strong support for trade. lying bill. Unfortunately, some con- the Market Access Program and the But in rural areas in my home State, troversy arose over the offset for my specialty crop growers in my state. the support for new trade agreements amendment. MILK PROTEIN CONCENTRATE is declining. Apple growers in Omak, I would ask Senator FEINSTEIN if she Mr. DAYTON. Mr. President, today I WA and asparagus growers in the believes we need to fund the Market planned to offer an amendment to the Yakima Valley are asking tough ques- Access Program at $200 million as soon Senate farm bill that would close the tions about our trade agreements. Washington State is the most trade- as possible in the final Farm Bill. milk protein concentrate loophole. During the Uruguay Round multilat- dependent State in the nation. I have Mrs. FEINSTEIN. I agree very eral trade negotiations, the United supported opening new markets for our strongly with the Senator from Wash- products, whether it’s airplanes or ap- ington that we need to fund the Market States agreed to allow a substantial in- ples. I have also been a strong sup- Access Program at $200 million. crease in dairy product imports into porter of giving our farmers and busi- If American agriculture is to remain this country. Tariff-rate quotas were nesses and tools they need to compete. competitive, we must ensure that our established to allow imports of most The global marketplace is tough, ex- farmers are given the same support dairy products to rise from an average tremely competitive, and not always that their foreign competitors receive. of 2 percent of domestic consumption based on free market principles. For- Heavily subsidized foreign citrus en- to as much as 5 percent. eign governments have taken an ag- tering the U.S. has quadrupled over the Until recently, these controls have gressive posture in promoting their last five years, significantly lowering been effective, but foreign exporters products. We need to be aggressive too. prices domestically for California now have found ways to circumvent One way we can be aggressive is to growers. In the European Union alone, these quotas. Importers are adjusting fully fund the Market Access Program. government subsidization of the fresh the protein content of nonfat dry milk MAP helps nonprofit industry groups produce sector reaches upwards of $15 so that it is classified by the U.S. Cus- and other qualifying entities to con- billion each year. toms Service as milk protein con- duct market promotion in foreign mar- The Market Access Program provides centrate, or MPC, a product that is not kets. MAP funds can be used for adver- new jobs—jobs for longshoremen, jobs limited by a tariff-rate quota tising and other consumer promotions, in processing, jobs in transportation, There is no tariff-rate quota on MPC market research, and technical assist- and of course, jobs for growers. because it was a relatively new product ance. The Market Access Program is an when the Uruguay Round WTO agree- In my home State of Washington, I important tool in expanding markets ment was negotiated. have seen how MAP can help farmers, for U.S. agricultural products. In March 2001, a General Accounting cooperatives, and small businesses. For The U.S. Department of Agriculture Office study requested by Congress de- example, each year, the apple industry estimates that each dollar spent on the termined that MPC imports have receives roughly $3 million in export Market Access Program results in an surged by more than 600 percent in just development funds from the USDA increase in agricultural exports of be- 6 years. MPC imports doubled between Market Access Program. tween $2 and $7. 1998 and 1999 alone. According to the These funds, matched by grower Small farmers especially benefit GAO study, it appears that some for- funds, are used to promote U.S. apples from this program because they would eign exporters are blending previously

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.111 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S653 processed dairy proteins, such as casein lays to $670.206 billion. The legislation TABLE 2.—REVISED BUDGET AGGREGATES, 2002 and whey, into nonfat dry milk to also increased the cap on outlays for [In millions of dollars] boost its protein content. This is being conservation programs to $1.473 billion. Budget done solely for the purpose of avoiding Accordingly, I am adjusting the Appro- authority Outlays the U.S. tariff-rate quota for nonfat priations Committee’s allocation and Current allocation: Budget resolution ...... 1,520,019 1,498,600 dry milk. This practice, specifically the budget aggregates to reflect the re- Adjustsments: Emergency and cap increases .. 154,496 141,579 cited in the GAO report, circumvents vised statutory caps. Revised allocation: Budget resolution ...... 1,674,515 1,640,179 statutory regulations designed to re- In addition, Mr. President, section strict imports of nonfat dry milk pow- 314 of the Congressional Budget Act, as f der. amended, requires the chairman of the LOCAL LAW ENFORCEMENT ACT I have introduced legislation, S. 847, Senate Budget Committee to adjust OF 2001 that would close this loophole by regu- the budgetary aggregates and the allo- Mr. SMITH of Oregon. Mr. President, lating MPC imports in the same man- cation for the Appropriations Com- I rise today to speak about hate crimes ner all other dairy product imports are mittee by the amount of appropria- legislation I introduced with Senator regulated, by establishing new tariff- tions designated as emergency spend- KENNEDY in March of last year. The rate quotas on MPC. It also would close ing pursuant to section 251(b)(2)(A) of Local Law Enforcement Act of 2001 a similar loophole that exists for ca- the Balanced Budget and Emergency would add new categories to current sein used in the production of food or Deficit Control Act of 1985, as amended. hate crimes legislation sending a sig- feed, while continuing to allow unre- Public Law 107–38, the 2001 Emergency nal that violence of any kind is unac- stricted access for imports of casein Supplemental Appropriations Act for ceptable in our society. used in the manufacture of glues and Recovery from and Response to Ter- I would like to describe a terrible for other industrial purposes. rorist Attacks on the United States, crime that occurred January 31, 1994 in The Minnesota Farmers Union, the authorized $40 billion in emergency Pensacola, FL. A gay man was struck Minnesota Milk Producers, the Na- funding. Public Law 107–38 made the by a car driven by a man who shouted tional Milk Producers Federation, and first $20 billion immediately available anti-gay slurs. The driver, James Grif- the National Farmers Union strongly in fiscal year 2001 and the second $20 fin, 18, was charged with aggravated support this bill. I have worked closely billion contingent on the enactment of battery in connection with the inci- with these organizations over the past a subsequent appropriation. dent. year to find an appropriate legislative Mr. President, I previously adjusted I believe that government’s first duty vehicle for my bill, and that is why I the committee’s allocation and the is to defend its citizens, to defend them am now offering this legislation to the budget aggregates for the 2002 impact against the harms that come out of Senate Farm Bill. on outlays from the first $20 billion hate. The Local Law Enforcement En- Mr. BAUCUS. Mr. President, I com- provided in 2001. Public Law 107–117, hancement Act of 2001 is now a symbol mend the Senator from Minnesota for which was signed into law on January that can become substance. I believe his hard work on behalf of U.S. dairy 10, 2002, made available the second $20 that by passing this legislation, we can farmers. This bill, however, properly billion in emergency spending. That change hearts and minds as well. falls under the jurisdiction of the Sen- budget authority will result in new f ate Finance Committee. As chair of the outlays in 2002 of $8.223 billion. Con- finance Committee, I will work with sequently, I am making further adjust- ASIAN NEW YEAR the Senator from Minnesota to bring ments to the committee’s allocation Mr. CORZINE. Mr. President, today, the issue to the attention of the Fi- and to the budget aggregates. nance Committee members and to find February 12, 2002, is the first day of the Pursuant to section 302 of the Con- new lunar year. Americans of Asian an appropriate legislative vehicle for gressional Budget Act, I hereby revise his proposal this session. heritage are celebrating the beginning the 2002 allocation provided to the Sen- of the Year of the Horse. This is an oc- Mr. DAYTON. Mr. President, I thank ate Appropriations Committee in the the Senator from Montana for his casion for Asian Americans to gather concurrent budget resolution in the with their families, think of those who strong support for U.S. dairy farmers. I following amounts: respectfully withdraw my plans to offer have passed away, enjoy symbolic this amendment. foods, and usher in good luck and TABLE 1.—REVISED ALLOCATION FOR APPROPRIATIONS health for the year to come. f COMMITTEE, 2002 As a Nation of immigrants, we all MORNING BUSINESS [In millions of dollars] share in this time of celebration and salute the rich customs and energy Mr. REID. Mr. President, I ask unan- Budget Outlays imous consent the Senate now proceed authority that people of Asian descent have con- to a period of morning business, with Current allocation: tributed to America. I am proud that General purpose discretionary ...... 549,744 551,379 the State of New Jersey is home to Senators permitted to speak therein Highways ...... 0 28,489 for a period not to exceed 5 minutes Mass transit ...... 0 5,275 over 480,000 Asians and Asian Ameri- Conservation ...... 1,760 1,232 cans, representing the fifth largest each. Mandatory ...... 358,567 350,837 The PRESIDING OFFICER. Without community in the United States. Asian objection, it is so ordered. Total ...... 901,071 937,212 American New Jerseyans are an impor- tant and valued part of our diverse and f Adjustments: General purpose discretionary ...... 154,496 141,338 vital community. In these troubled CHANGES TO THE 2002 APPROPRIA- Highways ...... 0 0 times, I hope you will join me in shar- Mass transit ...... 0 0 TIONS COMMITTEE ALLOCATIONS Conservation ...... 0 241 ing in celebration and remembrance AND THE BUDGETARY AGGRE- Mandatory ...... 0 0 and help to reaffirm the importance of GATES Total ...... 154,496 141,579 mutual respect and diversity in our Mr. CONRAD. Mr. President, Divi- Nation. Revised allocation: sion C of Public Law 107–117, the De- General purpose discretionary ...... 704,240 692,717 f partment of Defense and Emergency Highways ...... 0 28,489 Mass transit ...... 0 5,275 ECO–TERRORISM—DOMESTIC Supplemental Appropriations for Re- Conservation ...... 1,760 1,473 covery from and Response to Terrorist Mandatory ...... 358,567 350,837 TERRORISM HURTS OUR NATION Attacks on the United States Act of Total ...... 1,064,567 1,078,791 Mr. CRAIG. Mr. President, I rise 2002, increased the statutory limits on today to address the subject of eco-ter- discretionary spending for fiscal year Pursuant to section 311 of the Con- rorism and the assault on our public 2002. Specifically, it raised the cap on gressional Budget At, I hereby revise lands. Eco-terrorism is described as general purpose discretionary budget the 2002 budget aggregates included in any crime committed in the name of authority to $681.441 billion and the cap the concurrent budget resolution in the saving nature. And these ‘‘crimes’’ on general purpose discretionary out- following amounts: range from civil disobedience to crimes

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.059 pfrm02 PsN: S12PT1 S654 CONGRESSIONAL RECORD — SENATE February 12, 2002 officially designated as a terrorist act several buildings at four major land behavior. Grants to these organizations by the FBI. In January a band of crimi- grant universities and to have at- that result in the destruction of public nals who call themselves the Earth tempted to burn down additional build- and private property make the funding Liberation Front (ELF) and the North ings at several other universities. organizations accessories to these American Animal Liberation Front Administrators faced with the cost of crimes. (ALF), released a report on their com- rebuilding facilities as well as recre- When we turn a blind eye to these bined crime spree during 2001. They ating important research surely now types of activities, and we tell our- also chose to announce a day of na- question ELF’s definition of ‘‘non- selves that these are just young people tional action for February 12th appar- violent.’’ The list of ELF and ALF ac- searching for meaning in their lives, or ently to protest Congressional hearings tions against our educational system is that these folks are only participating on their activities. sobering. It includes the University of in the political process, we do ourselves While I agree that our public lands Washington—Center for Urban Horti- and our neighbors a disservice. needs to be saved for the use of future culture, $5.6 million; the Oregon State generations, I believe this should be ac- University—destroyed poplar trees and When we stand idly by and tell our- complished through active lands man- cottonwood trees, $200,000; the Univer- selves that these are just timber com- agement that promotes the mission sity of Arizona—Mt. Graham Inter- panies or giant corporations that can statements of our public lands agen- national Observatory power line, equip- afford these events, we diminish our- cies. I denounce those who believe that ment and vehicles monkey wrenched, selves, our society, and the freedom saving nature means driving metal $200,000; the University of Idaho— that we enjoy in this great country. spikes through trees or burning build- Biotech building spray painted and sur- The simple fact is: burning down build- ings, actions that threaten human vey stakes pulled, $20,000; the Ohio ings and destroying research facilities lives. State University—locks on doors and the research housed in those facili- While these folks characterize burn- super-glued and spray painted, no cost ties, is a crime, and there is no reason, ing down research centers, homes, and estimate; the Michigan Tech Univer- political or other, that this type of be- businesses as a form of self-expression sity—Noblet Forestry Building and havior should be accepted by anyone. protected by the First Amendment, Forest Engineering Lab attempted most Americans would question these arson, no cost estimate; and the Cor- f wrongheaded beliefs. Neither our gov- nell University—Duck Laboratory ernment nor the American public will ducks stolen, no cost estimate. ‘‘THE OTHER HALF OF THE JOB’’ support the activities of ELF and ALF. The ELF continued its reign of terror These groups of eco-terrorist hide as recently as February 3 when it set Mr. BIDEN. Mr. President, last week from the law, there organizations have fire to heavy equipment and a trailer the Washington Post ran an opinion no rosters, no board of directors; they at the University of Minnesota’s new piece authored by Michael McFaul, a work in ‘‘cells’’; and they use guerrilla plant genetics laboratory. professor of political science at Stan- warfare tactics so as not to inform on We’re not just talking about the de- ford University, entitled ‘‘The Other others. They carry out their acts and struction of inanimate public property Half of the Job.’’ then anonymously take credit on be- here. What of the thousands of hours of Professor McFaul’s thesis is that half of the Earth Liberation Front. research that were destroyed in these while the budget presented by the They feel it is their duty to commit senseless not-so-random acts of vio- President last week contained a sig- life-threatening crimes against society lence? Is it fair to the scientists whose nificant, and needed, increase in re- to protect nature. Yet they post guide- work was destroyed in these facilities, sources for the Department of Defense, lines on underground websites and give to tell them the American public it failed to provide a significant, and directions as to how to spike trees and thinks so little of their work that we needed, increase for ‘‘the other means build bombs. will accept these acts as legitimate po- for winning the war on terrorism.’’ The Insurance companies are also start- litical statements? Some of these sci- budget, Professor McFaul writes, ing to recognize the risk of eco-ter- entists have spent a career working on ‘‘builds[] greater American capacity to rorism by broadening their definitions this research, working to discover ways destroy bad states, but it adds hardly of ‘‘terrorist activities/organizations’’ to make our world and our lives better. any new capacity to construct good and increasing premiums. As a result, Some advocates demand we protect states.’’ the timber industry is bearing a great- bio-diversity by setting aside vast I share Professor McFaul’s concerns er financial burden. If a group that areas of forests because they believe a about the inadequacy of the inter- meets the insurance industry defini- potential cure for cancer or some other national affairs budget, that is, the tion burns or destroys any equipment, disease may be found in these forests. funds for the State Department and it is NOT covered by insurance. Insur- Shouldn’t we also be concerned about foreign assistance. The President’s ance companies intend to include the potential cures for cancer and budget request for foreign affairs for Earth First!, ELF, and ALF in these other diseases, or other technological Fiscal Year 2003 is actually less than new definitions. advances, that might have been under the amount provided in Fiscal Year Let me give my colleagues, an exam- development at these research centers? 2002, if the funds provided in the emer- ple of this change. The coverage pre- The destruction of these buildings and gency supplemental after September 11 mium for a helicopter was $10,200 for the research housed within these insti- are included in the calculation. Amer- $5,000,000 liability coverage. The pre- tutions is no less important than the ica’s armed forces are doing a brilliant mium increased to $24,000 for $1,000,000 bio-diversity harbored in our forests. job in the military campaign in Af- worth of coverage. This is a 140 percent The American people, the press, the ghanistan. But it will take American increase in premium for an 80 percent Congress cannot stand by and ignore diplomats, and our assistance agencies, decrease in coverage. This is out- these events. working with other partners, to win Given the number of training ses- rageous! Even the insurance companies the peace. We cannot win the peace sions carried out each summer by these recognize the dangers involved in eco- there, or prevent other failed states organizations, as well as the more terrorism. from becoming havens for terrorism, The destruction by ELF and ALF has mainline environmental groups that without giving our people the tools not been directed at just timber com- teach impressionable young people how they need. panies, though. Land grant universities to destroy property, I expect our fed- are also a target because of the re- eral government to put more effort I commend Professor McFaul’s arti- search they provide. To those strug- into ending this domestic terrorism. cle to my colleagues. I ask unanimous gling to pay for the education of their I’m also concerned about the financial consent that it be printed in the college-age children, the recent ELF support groups such as ELF, ALF, the RECORD. and ALF 2001 action report makes for Ruckus Society, and others receive There being no objection, the mate- interesting reading. The ELF and ALF from the large environmental trusts, rial was ordered to be printed in the claim to have destroyed parts, or all, of and others, who support this unlawful RECORD, as follows:

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.099 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S655 [From the Washington Post, Feb. 5, 2002] tion in parallel to increasing resources for health care and adequate housing for THE OTHER HALF OF THE JOB state destruction? Bush’s pledge of $297 mil- all Americans. It means a good job (By Michael McFaul) lion for Afghanistan for next year is com- with living wages, so that everyone can mendable, but this one-time earmark does The United States is at war. President earn the American dream. And it Bush therefore has correctly asked for Con- not constitute a serious, comprehensive means that our tax and budget policies gress to approve additional resources to fight strategy for state construction in Afghani- stan or the rest of the despotic world that must spread their benefits across all this war. The new sums requested—$48 bil- social and economic lines. lion for next year alone—are appropriately currently threatens the United States. On the contrary, in the same year that the We must intensify our push toward a large. Bush and his administration have as- justice system that is color blind in en- tutely defined this new campaign as a battle Department of Defense is receiving an extra for civilization itself, and have wisely cau- $48 billion, many U.S. aid agencies will suffer acting and enforcing our laws. Hate tioned that the battle lines will be multi- budget cuts. Moreover, the experience of the crimes, prejudice, racial profiling, and faceted and untraditional. past decade of assistance in the post-Com- discrimination must be eliminated now So why are the new supplemental funds munist world shows that aid works best in and forever. earmarked to fight this new war largely con- democratic regimes. Yet budgets for democ- We must continue to honor the peo- ventional and single-faceted—i.e., money for racy assistance in South Asia and the Middle ple who have shaped our society and the armed forces? Without question, the De- East are still minuscle. Strikingly, the theme of democracy promotion was absent in also recognize the work of today’s lead- partment of Defense needs and deserves new ers who endeavor to continue that cru- resources to conduct the next phase of the President Bush’s otherwise brilliant State of war on terrorism. The Department of De- the Union speech. sade for equality. Minnesota takes fense may even need $48 billion for next year. It is absolutely vital that the new regime great pride in the African-Americans What is disburbing about President Bush’s in Afghanistan succeed. Afghanistan is our who have made our State and our coun- new budget, though, is how little creative at- new West Germany. The new regime there try a better place. Their achievements tention or new resources have been devoted must stand as a positive example to the rest abound throughout public service, the to the other means for winning the war on of the region of how rejection of tyranny and arts, sports, and academia. terrorism. The Bush budget is building alliance with the West can translate into Sharon Sayles-Belton has just com- greater American capacity to destroy bad democratic governance and economic pleted two terms as the Mayor of Min- states, but it adds hardly any new capacity growth. And the United States must dem- to construct new good states. onstrate to the rest of the Muslim world that neapolis. Throughout her eight years, We should have learned the importance of we take state construction—democratic con- she provided extraordinary leadership. following state destruction with state con- struction—as seriously as we do state de- Her many accomplishments have left struction, since the 20th century offers up struction. Beyond Afghanistan, the Bush ad- Minneapolis a better City than when both positive and negative lessons. Many ministration must develop additional, non- she took office, and they will be her have commented that our current war is new military tools for fighting the new war. To lasting legacies for many years to and unprecedented, but it is not. Throughout succeed, the United States will need its full come. the 20th century, the central purpose of arsenal of political, diplomatic, economic Sharon exemplifies the highest cal- American power was to defend against and, and military weapons. Bush’s statements iber of dedicated public service, which when possible, destroy tyranny. suggest that he understands this imperative. American presidents have been at their Bush’s budget, however, suggests a divide be- has been a great Minnesota tradition. best when they have embraced the mission of tween rhetoric and policy. As a very successful and visible Afri- defending liberty at home and spreading lib- can-American woman, she served as a erty abroad. This was the task during World f role model for many girls and young War II. This was the objective (or should MINNESOTA CELEBRATES BLACK women in the City. And her compas- have been the mission) during the Cold War. HISTORY MONTH sion for others, her steadfast resolve, It must be our mission again. The process of defeating the enemies of lib- Mr. DAYTON. Mr. President, Feb- and her effective leadership are models erty is twofold: Crush their regimes that ruary is a very special month for peo- for all of us. harbor them and then build new democratic, ple in Minnesota and throughout our Mahmoud El Kati, professor of Afri- can-American Studies at Macalester pro-Western regimes in the vacuum. country. It is ‘‘Black History Month,’’ In the first half of the last century, impe- College in St. Paul, teaches courses when all of us recognize the many out- rial Japan and fascist Germany constituted such as ‘‘The Black Experience Since standing achievements of African- the greatest threats to American national World War II’’ and ‘‘Sports and the Af- Americans and their important con- security. The destruction of these dictator- rican-American Community.’’ He is a tributions to our nation. We also honor ships, followed by the imposition of demo- frequent contributor to the opinion cratic regimes in Germany and Japan, helped the African-American men and women pages of both Twin Cities newspapers make these two countries American allies. who achieved these successes despite as well as the local Black press, and he In the second half of the last century, So- obstacles which would have defeated viet communism and its supporters rep- speaks candidly about African-Amer- lesser people. resented the greatest threat to American na- ican society today. Most recently, El tional security. The collapse of Communist In 1926, Carter Woodson, considered Kati has campaigned to name a street autocracies in Europe and then the Soviet by many to be the ‘‘Father of Black in St. Paul after Dr. Martin Luther Union greatly improved American national History,’’ created Negro History Week. King, Jr. security. The emergency of democracies in It evolved into Black History Week in Evelyn Fairbanks, a St. Paul native east Central Europe a decade ago and the fall the early 1970s. In 1976, February was who died last year, was a Renaissance of dictators in southeast Europe more re- chosen to be Black History Month, be- woman. She became the first Black cently have radically improved the European cause it included the birthdays of Fred- security climate, and therefore U.S. national employee at St. Paul’s Hamline Uni- security interests. Democratic consolidation erick Douglass and Abraham Lincoln, versity, as a cashier. She wrote a mem- in Russia, still an unfinished project, is the both of whom made heroic contribu- oir, ‘‘The Days of Rondo’’, which por- best antidote to a return of U.S.-Russian ri- tions to the lives of African-Americans trays her experiences growing up in the valry. in this country. Rondo community, the largest Black The Cold War, however, also offers sad les- So throughout this month, let us cel- neighborhood in St. Paul, in the 1930s sons of what can happen when the United ebrate the accomplishments of so many and ’40s. While still employed in var- States carries out state destruction of anti- African-American heroes. They dared ious jobs such as factory worker, maid, Western, autocratic regimes without fol- to take risks to ensure a better way of lowing through with state construction of and director of a neighborhood arts pro-Western, democratic regimes. President life for all people, and the results of center, Fairbanks earned her under- Reagan rightly understood that the United their courageous acts have been felt graduate degree from the University of States had an interest in overthrowing Com- around the world. Minnesota at the age of 40. Later, her munist regimes around the world. The Though we have come a long way in memoir was adapted for the stage, as Reagan doctrine channeled major resources our battle for equal rights for all the play Everlasting Arms. In 1995, to this aim and achieved some successes, in- Americans, there is still much to be Hamline University awarded this ac- cluding most notably in Afghanistan. State done. We must be bolder in our efforts complished woman an honorary doc- construction there, however, did not follow to ensure that Americans of every race state destruction. The consequences were torate degree. tragic for American national security. have every opportunity to share in and The mission of Minnesota’s Penum- So why is the Bush administration not de- contribute to our economic prosperity. bra Theatre is ‘‘to bring forth profes- voting greater capacity for state construc- That means quality education and sional productions that are artistically

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.076 pfrm02 PsN: S12PT1 S656 CONGRESSIONAL RECORD — SENATE February 12, 2002 excellent, thought provoking, relevant, near the beautiful resort of Mount regularly teaches Sunday School and entertaining and presented from an Af- Snow. It was on our Green Mountains serves as the church clerk. rican-American perspective.’’ That is that Kelly exerted herself beyond be- I ask my fellow Members of the Sen- how Lou Bellamy, Penumbra’s founder lief, pushing the limit, jumping higher ate to furthermore join me in con- and artistic director, runs this nation- and attempting new moves. She suc- gratulating Mr. Lewis for being named ally recognized theatre. Under Bel- ceeded because she refused to let dan- Deacon Emeritus and Trustee Emeritus lamy’s leadership, the Penumbra has ger, fear, and exhaustion keep her last year, and for his 53 years of dili- received numerous honors, including down. gent and undaunted service to the the Jujamcyn Theaters Award for the Kelly is no stranger to winning. Only church and the community. development of artistic talent. two short months ago she won the gold Instead of enjoying his retirement As the Dean of the University of Min- medal at the Winter X-Games in Aspen, from Ashland Oil by playing golf or nesota General College, David Taylor CO. On Sunday, not only did she win traveling, Roy Lewis has chosen to does what he loves, assisting educa- the gold medal, but she managed to do give back to the community and people tionally disadvantaged students. He is it under great pressure. As the last he has so dearly loved for 91 years. I also a scholar of African-American competitor of the event, she only had praise Mr. Lewis for his willingness to Studies whose greatest influences have one last chance to show the world what put other’s needs ahead of his own and been his mother and Dr. Martin Luther she could do, and she rose to the chal- thank him for having such a strong King, Jr. Taylor, who grew up in the lenge. character and heart.∑ Summit-University neighborhood of The day after Kelly introduced her- self to the world, Ross Powers won his St. Paul, is often called upon to pro- f vide an historical perspective on Min- second Olympic medal adding to a col- lection of medals he began during the nesota’s African-American community. IN RECOGNITION OF THE 90TH These are just a few of the Minneso- 1998 Nagano Games when snowboarding ANNIVERSARY OF HADASSAH tans, past and present, who exemplify made its Olympic debut. All the more the struggle for attainment of human remarkable is the fact that Ross led ∑ Mr. LEVIN. Mr. President, I ask that dignity, justice, and self-determina- America in a medal sweep of a winter the Senate join me today in congratu- tion. As we celebrate Black History event for the first time in nearly half a lating Hadassah upon its 90th anniver- Month, we can look to them as models century. He impressed the judges and sary. Originally founded in 1912 by Hen- of leadership, making Minnesota and spectators by shooting off the snow 15 rietta Szold as a woman’s study circle, this country all that it should be for feet into the air, landing flawlessly and Hadassah has grown into an organiza- all our citizens. performing trick after trick. tion with over 300,000 members in- f His family and friends back at volved with 1,500 chapters across the Vermont’s Bromley Mountain and country. Today, Hadassah is not only VERMONTERS TAKE FIRST GOLD Stratton Mountain resorts watched the largest woman’s group in the coun- AT 2002 WINTER OLYMPICS Ross, as a child snowboard prodigy, try, but also the largest Jewish mem- Mr. LEAHY. Mr. President, my col- work hard and push himself from the bership organization in the United leagues sometimes may wonder wheth- time he first strapped a snowboard to States. er we Vermonters will ever run out of his feet at age five. Three years later Since its inception, Hadassah has examples to illustrate the pride we he began competing. been an advocate on behalf of women, take in our beautiful State and its peo- Recognizing the hard work, deter- Israel and the Jewish diaspora. How- ple. Not today, we won’t. mination and financial backing it ever, Hadassah has done more than ad- Today I rise to describe two of takes to become a world-class athlete, vocate on behalf of these issues, it has Vermont’s finest athletes representing Ross formed the Ross Powers Founda- taken concrete steps to help people all Americans at the 2002 Winter Olym- tion. This non-profit program gives tal- throughout the world. In particular, pics in Salt Lake City. ented and hard-working children the fi- Hadassah is to be lauded for its provi- Vermont’s cold winters and plentiful nancial support they need to follow sion of world class health care to the snow breed true winter athletes. We their winter sports dreams. people of the Middle East, irrespective need not look any further than this I am sure many more of my fellow of race, religion or nationality. Every year’s Olympic roster to see this. At Vermonters will find their way onto year, more than 600,000 patients are least 21 of America’s competitors can our sports pages before the Olympics treated at the centers operated by the claim ties to Vermont. Some of them leave Salt Lake City. I know that the Hadassah Medical Organization, HMO, have lived in the Green Mountain State country shares our pride in the accom- which includes two hospitals, 90 out- for their entire lives, while others have plishments of these courageous Olym- patient clinics, and numerous commu- come to our mountains to attend one pic athletes. We Vermonters join all nity health centers. Under the auspices of our schools or universities. Americans in thanking Kelly and Ross, During the last two days, two of and all Olympic athletes, for their hard of the HMO, Haddassah also provides these Vermonters swept the Olympic work and devotion to competition and medical training during international snowboarding halfpipe competitions, to their country. health crises, including the recent events in Bosnia-Herzegovina and winning America’s first two gold med- f Rawanda. als of the 2002 Winter Olympics. ADDITIONAL STATEMENTS Vermont is famous for its firsts. Many Though Hadassah’s medical efforts of snowboarding’s newly formed roots are primarily in the Middle East, the reach deep into the Green Mountains of RECOGNIZING ROY LEWIS organization also has other important our State. It is fitting that two ∑ Mr. BUNNING. Mr. President, I rise initiatives. One of the most notable is Vermont snowboarders have shown the today in order to respectfully recognize a nationwide breast cancer detection world how it is done. the selfless actions of Roy Lewis, a and awareness campaign conducted by On Sunday, February 10th, 18-year- long-time resident of Ashland, KY. the Women’s Health Department. This old Kelly Clark of West Dover, VT, be- For the last 10 years, Mr. Lewis, 91 campaign includes the Check it Out came the first American to win a gold years-young, has been the man who high school program which strives to medal in the 2002 Winter Olympics, every Monday evening hands out tick- educate teens about the dangers of can- scoring a 47.9 out of 50 points in the ets at the Community Kitchen in Ash- cer and how to screen oneself for early women’s halfpipe competition. Then on land, KY. Mr. Lewis has been a dedi- signs. In addition, Hadassah produces Monday, Ross Powers, 23, of South cated and loyal member of the First quality educational programs that help Londonderry, Vermont, took gold in Baptist Church in Ashland since 1936 Jewish families learn about and cele- the men’s halfpipe competition, win- and fulfills his ticket duties at the brate their Jewish culture and herit- ning America’s second gold medal of Kitchen only after honoring his com- age. this year’s Winter Games. mitment as a member of the church Hadassah is also affiliated with nu- Since the fourth grade, Kelly Clark teller committee, which counts and merous other programs which provide has been riding the slopes of Vermont. prepares the church’s Sunday offering such services as technical and voca- Her parents own a small restaurant to be deposited in the bank. He also tional training and environmental

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.116 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S657 preservation. Of particular note is sideration of a historic National En- At this time, over 925 Moorhead Pub- Youth Aliya, which assists disadvan- ergy Policy, which will guarantee our lic Service customers have become taged and at risk youth. Through a sys- citizens access to affordable, reliable, Capture the Wind members, accounting tem of residential villages and day cen- and renewable sources of energy far for 7.3 percent of all Moorhead utility ters these teens have the opportunity into the future. As we begin this his- customers. The National Renewable to take part in health education pro- toric debate, we can learn much from Energy Laboratory has recognized grams, vocational training and are of- the efforts of many organizations that Moorhead Public Service as the utility fered exposure to and encouragement have led the way in promoting a great- with the highest percentage of its cus- in art, dance, music and athletics. er reliance on renewable sources of en- tomers participating in a renewable en- The long and storied history of Ha- ergy. ergy program in the nation. Moor- dassah and the record of public service Moorhead, MN is an exceptional ex- head’s Capture the Wind program has by its members is truly commendable. ample of a city that has demonstrated also earned it the 2001 Energy Inno- I know that my Senate colleagues will a clear commitment to renewable vator Award from the American Public join me in congratulating Hadassah on sources of energy. Moorhead city offi- Power Association. this significant occasion.∑ cials, and the citizens themselves, are Moorhead City officials are to be ∑ Mr. WELLSTONE. Mr. President, I to be applauded for their vision of a commended for the phenomenal suc- rise today to pay homage to Hadassah, city that will continue to reduce its de- cess of the city’s Capture the Wind pro- the Women’s Zionist Organization of pendence on fossil fuels for their future gram. While many officials staked America, on the occasion of its 90th an- electricity needs. their reputations on the program’s out- niversary. The city of Moorhead initiated its come, I would be remiss if I did not As you may know, Hadassah is the ‘‘Capture the Wind’’ program in 1998— mention several leaders who especially largest women’s and the largest Jewish offering its municipal electric cus- contributed to its success. First and membership organization in the United tomers the opportunity to purchase foremost, Moorhead’s former mayor, States. Hadassah’s 300,000 volunteers wind energy from a turbine that would Morrie Lanning—a man who served his are active throughout the world, in- be owned and operated by the city. The city as mayor for over 22 years before cluding 800 U.S. communities in 48 dif- success of the program has been noth- retiring last December—is to be ap- ferent States, as well as the District of ing short of phenomenal. plauded for his solid support and advo- Columbia and Puerto Rico. Three weeks after the announcement cacy for the Capture the Wind pro- Since 1912, Hadassah volunteers have of the Capture the Wind program, over gram. Moreover, the program would played a lead role in advancing the 400 Moorhead Public Service customers not have been possible without the cause of social justice, particularly in signed up to purchase electricity from thousands of hours of work invested by the areas of education and health. One the proposed wind turbine. Because Bill Schwandt, General Manager of such endeavor, the breast cancer detec- these 400 customers would consume the Moorhead Public Service, and Chris- tion and awareness campaign, ‘‘Check entire capacity of the proposed turbine, topher Reed, Manager of Energy Serv- It Out,’’ has had powerful, positive ef- the city began placing additional resi- ices and Marketing. fects on women nationwide. The suc- dents on a Capture the Wind program But most important, the 925 members cess of Hadassah’s youth programs, waiting list. of the Capture the Wind program de- particularly Young Judaea and Youth While all other Moorhead Public serve special recognition for their com- Aliya, proves that volunteerism can af- Service customers would receive two- mitment to renewable energy. The rest fect change. thirds of their electricity from hydro- of the Nation can learn much from The organization’s commitment to a power and one-third from a coal-fired Moorhead’s example. We can learn that peaceful future in Israel and Palestine electric generation plant, the 400 Cap- when citizens are informed about the also deserves praise. Hadassah has ture the Wind charter members would importance of reducing our reliance on earned accolades for its work in Israel, fossil fuels for our energy needs, many where they operate a world-renowned replace their coal-generated electricity with electricity generated by the 750 are willing to pay a little bit more to medical complex in Jerusalem, made help secure our energy future. The citi- kilowatt wind turbine to be con- up of two advanced hospitals, with a zens of Moorhead can lead the way to a structed on the edge of town. The Cap- clientele of more than 600,000 patients brighter future for all of us.∑ ture the Wind customers agreed to pay of all races, religions and creeds. In ad- f dition, the Hadassah Medical Organiza- the additional cost of wind-generated tion is actively involved in global out- electricity, amounting to one-half cent HONORING THE WASHINGTON reach programs in scores of other coun- more for each kilowatt-hour of elec- STATE LABOR COUNCIL tries, particularly those in Africa. tricity consumed. The additional cost ∑ Mrs. MURRAY. Mr. President, on be- These international campaigns focus amounts to approximately $5 more per half of all the citizens of Washington on public health awareness, particu- month for the average residential cus- State, I am delighted to congratulate larly AIDS education, as well as on tomer. This additional cost is among the Washington State Labor Council on treatment of eye diseases. the lowest in the Nation for wind-gen- the 100th anniversary of its original As the Chairman of the Sub- erated electricity. formation. Washington State has a rich committee on Near Eastern and South Due to the overwhelming success of labor tradition. Asian Affairs, I have learned a great the Capture the Wind Program, the On January 17, 1902, 120 delegates rep- deal about the important work of Ha- city of Moorhead appealed to its utility resenting 114 local unions and five cen- dassah. I respect their contributions customers to help Moorhead ‘‘catch its tral labor councils from around Wash- and appreciate all they have done to second wind’’ in the fall of 2000. Once ington State gathered in Tacoma and advance the legislative agenda of again, over 400 new customers signed voted to affiliate with the American women and Israel. up for the program—enabling the city Federation of Labor. This local organi- The spirit of founder Henrietta Szold to build a second wind turbine along- zation eventually merged with the lives on today, through the dedication side its first. Washington State Congress of Indus- and commitment of Hadassah’s volun- As of last fall, the twin turbines have trial Organizations in 1957, the same teers. I am proud to offer my com- generated over 3.5 million kilowatt- time the national AFL and CIO mendation on 90 years of quality serv- hours of electricity. Thanks to the cus- merged, to form the Washington State ice.∑ tomers who have embraced the Capture Labor Council, AFL–CIO. f the Wind program, these turbines have There have been many challenges already prevented the emission of over faced during their first one hundred HONORING THE CITY OF MOOR- 7.7 million pounds of greenhouse gases years, yet each challenge was faced HEAD FOR ITS COMMITMENT TO into our atmosphere. That has the with dignity and courage, knowing RENEWABLE SOURCES OF EN- same positive effect on the environ- that the struggles faced would build a ERGY ment that would be achieved if we were better life for working men and women. ∑ Mr. DAYTON. Mr. President, this to remove 770 cars from the road for Union members throughout Wash- week, the U.S. Senate will begin con- one year. ington State have risked their own

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.118 pfrm02 PsN: S12PT1 S658 CONGRESSIONAL RECORD — SENATE February 12, 2002 livelihoods to stand up for decent gency, and geriatric care providers. MESSAGE FROM THE HOUSE

wages, safe working conditions, and job The entire team has made the hospital ENROLLED BILLS AND JOINT RESOLUTION security. a true model for quality health care de- SIGNED I have enormous respect for the past livery, not just within the VA health At 3:59 p.m., a message from the and present leadership of the Wash- care system, but for the entire Nation. House of Representatives, delivered by ington State Labor Council. We stand I, along with the veterans who receive Ms. Niland, one of its reading clerks, together in the ongoing battle to give care at Huntington, thank them for all announced that the Speaker has signed working families the strongest possible they do, and encourage them to con- the following enrolled bills and joint ∑ voice. tinue their good work. resolution: For the past 100 years, Washington State’s labor community has been a S. 737. An act to designate the facility of f the United States Postal Service located at powerful force for progress. Their tire- 811 South Main Street in Yerington, Nevada, less efforts are indispensable in the PRESIDENTIAL MESSAGES as the ‘‘Joseph E. Dini, Jr. Post Office.’’ daily battles for worker’s rights. S. 970. An act to designate the facility of Countless families across Washington The following presidential messages the United States Postal Service located at State are better off today because of were laid before the Senate, together 39 Tremont Street, Paris Hill, Maine, as the their commitment. with accompanying papers, reports, Horatio King Post Office Building. The Washington State Labor Council and documents, which were referred as S. 1026. An act to designate the United has also been at the forefront of the ef- indicated: States Post Office located at 60 Third Ave- nue in Long Branch, New Jersey, as the ‘‘Pat fort to pass fair increases in the state PM–70. A message from the President of King Post Office Building.’’ minimum wage, setting standards for the United States, transmitting, pursuant to H.J. Res. 82. A joint resolution recognizing the rest of the country to follow. Sim- law, the National Drug Control Strategy for the 91st birthday of Ronald Reagan. ply put, the Washington State Labor 2002; to the Committee on the Judiciary. The bills and joint resolution were Council has been there in the trenches, To the Congress of the United States: signed subsequently by the President making progress happen. pro tempore (Mr. BYRD). I look forward to working closely I am pleased to transmit the 2002 Na- with the Washington State Labor tional Drug Control Strategy, con- f sistent with the Office of National Council on all the great causes we ENROLLED BILLS PRESENTED share. Washington State has made real Drug Control Policy Reauthorization The Secretary of the Senate reported progress because of their work, and Act of 1998 (21 U.S.C. 1705). that on today, February 12, 2002, she will continue to do so with their help Illegal drug use threatens everything had presented to the President of the now and in all the years ahead.∑ that is good about our country. It can United States the following enrolled f break the bonds between parents and children. It can turn productive citi- bills: WEST VIRGINIA VA MEDICAL zens into addicts, and it can transform S. 737. An act to designate the facility of FACILITIES HONORED schools into places of violence and the United States Postal Service located at ∑ Mr. ROCKEFELLER. Mr. President, chaos. Internationally, it finances the 811 South Main Street in Yerington, Nevada, as the ‘‘Joseph E. Dini, Jr. Post Office.’’ today I am enormously proud to high- work of terrorists who use drug profits S. 970. An act to designate the facility of light the recognition of the Depart- to fund their murderous work. Our the United States Postal Service located at ment of Veterans Affairs Medical Cen- fight against illegal drug use is a fight 39 Tremont Street, Paris Hill, Maine, as the ter in Huntington, in my home State of for our children’s future, for struggling Horatio King Post Office Building. West Virginia, for excellence in health democracies, and against terrorism. S. 1026. An act to designate the United care delivery. We have made progress in the past. States Post Office located at 60 Third Ave- The Huntington VA Medical Center nue in Long Branch, New Jersey, as the ‘‘Pat From 1985 to 1992, drug use among high King Post Office Building.’’ has received accreditation from the school seniors dropped each year. Joint Commission on Accreditation of Progress was steady and, over time, f Healthcare Organizations, JCAHO, as a dramatic. However, in recent years we EXECUTIVE AND OTHER result of meeting national health care have lost ground. This Strategy rep- COMMUNICATIONS standards. I am very pleased to see this resents the first step in the return of The following communications were VA health care provider in my home the fight against drugs to the center of State receiving the accolades it so laid before the Senate, together with our national agenda. We must do this accompanying papers, reports, and doc- richly deserves for delivering a high for one great moral reason: over time, standard of care to veterans. uments, which were referred as indi- drugs rob men, women, and children of cated: The Joint Commission, an inde- their dignity and of their character. pendent, non-profit organization, is an EC–5346. A communication from the Direc- accreditation body focused on ensuring We acknowledge that drug use among tor of the Office of Management and Budget, quality and safety standards for health our young people is at unacceptably Executive Office of the President, transmit- care on a national level. An on-site sur- high levels. As a Nation, we know how ting, pursuant to law, the Final Sequestra- to teach character, and how to dis- tion Report to the President and Congress vey of the Huntington VA Medical Cen- for Fiscal Year 2002; to the Committees on ter, as well as its affiliated facilities, suade children from ever using illegal drugs. We need to act on that knowl- Appropriations; the Budget; Agriculture, Nu- was conducted by the Joint Commis- trition, and Forestry; Armed Services; Bank- sion last November, giving Huntington edge. ing, Housing, and Urban Affairs; Commerce, an overall score of 98. Only about 4 per- This Strategy also seeks to expand Science, and Transportation; Energy and cent of all of the facilities that the the drug treatment system, while rec- Natural Resources; Environment and Public Joint Commission surveys receive ognizing that even the best treatment Works; Finance; Foreign Relations; Govern- scores of 98 or above a true testament program cannot help a drug user who mental Affairs; Health, Education, Labor, does not seek its assistance. The Strat- and Pensions; the Judiciary; Rules and Ad- to the quality of health care at the ministration; Small Business and Entrepre- Huntington VA Medical Center. egy also recognizes the vital role of law neurship; and Veterans’ Affairs. It is the administration and staff at enforcement and interdiction pro- EC–5347. A communication from the Acting the Huntington VA Medical Center grams, while focusing on the impor- Director of the Office of Surface Mining, De- that make it the superb facility it is. I tance of attacking the drug trade’s key partment of the Interior, transmitting, pur- recognize the hard work and tireless ef- vulnerabilities. suant to law, the report of a rule entitled forts of all the staff there: from the Di- Previous Strategies have enjoyed bi- ‘‘Montana Regulatory Program’’ (MT–003– rector’s office, maintenance workers, FOR) received on February 8, 2002; to the partisan political and funding support Committee on Energy and Natural Re- the food preparers, doctors, nurses, in the Congress. I ask for your contin- sources. physician assistants and physical ued support in this critical endeavor. EC–5348. A communication from the Direc- therapists, to the mental health treat- GEORGE W. BUSH. tor of the Foreign Terrorist Tracking Task ment staff, specialized medicine, emer- THE WHITE HOUSE, February 12, 2002. Force, Department of Justice, transmitting,

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.121 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S659 pursuant to law, the report of a rule entitled EC–5359. A communication from the Prin- ministration, Department of Transportation, ‘‘Provision of Aviation Training to Certain cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of Alien Trainees’’ received on February 8, 2002; Environmental Protection Agency, transmit- a rule entitled ‘‘Airworthiness Directives: to the Committee on the Judiciary. ting, pursuant to law, the report of a rule en- McDonnell Douglas DC–9 81, 82, 83, and 87 Se- EC–5349. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- ries Airplanes, and Model MD 88 Airplanes’’ tor of Legislative Affairs, Railroad Retire- mentation Plans; State of Kansas’’ ((RIN2120–AA64)(2002–0086)) received on Feb- ment Board, transmitting, pursuant to Sec- (FRL7141–7) received on February 8, 2002; to ruary 8, 2002; to the Committee on Com- tion 22 of the Railroad Retirement Act of the Committee on Environment and Public merce, Science, and Transportation. 1974 and Section 502 of the Railroad Retire- Works. EC–5369. A communication from the Pro- ment Solvency Act of 1983, a report on the EC–5360. A communication from the Prin- gram Analyst of the Federal Aviation Ad- actuarial status of the railroad retirement cipal Deputy Associate Administrator of the ministration, Department of Transportation, system, including any recommendations for Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of financing changes; to the Committee on ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives: Health, Education, Labor, and Pensions. titled ‘‘Approval and Promulgation of Plans; Rolls-Royce Corporation AE3007 Series Tur- EC–5350. A communication from the Prin- State of Missouri’’ (FRL7141–6) received on bofan Engines’’ ((RIN2120–AA64)(2002–0085)) cipal Deputy Associate Administrator of the February 8, 2002; to the Committee on Envi- received on February 8, 2002; to the Com- Environmental Protection Agency, transmit- ronment and Public Works. mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- EC–5361. A communication from the Prin- tation. titled ‘‘Tetraethoxysilane Polymer with cipal Deputy Associate Administrator of the EC–5370. A communication from the Pro- Hexamethyldisiloxane; Tolerance Exemp- Environmental Protection Agency, transmit- gram Analyst of the Federal Aviation Ad- tion’’ (FRL6822–4) received on February 8, ting, pursuant to law, the report of a rule en- ministration, Department of Transportation, 2002; to the Committee on Agriculture, Nu- titled ‘‘Approval and Promulgation of Imple- transmitting, pursuant to law, the report of trition, and Forestry. mentation Plans; Reinstatement of Redesig- a rule entitled ‘‘Airworthiness Directives: Si- EC–5351. A communication from the Prin- nation of Area for Air Quality Planning Pur- korsky Aircraft Corp Model S–76B and S–76C cipal Deputy Associate Administrator of the poses; Kentucky Portion of the Cincinnati- Helicopters’’ ((RIN2120–AA64)(2002–0084)) re- Environmental Protection Agency, transmit- Hamilton Area’’ (FRL7141–9) received on ceived on February 8, 2002; to the Committee ting, pursuant to law, the report of a rule en- February 8, 2002; to the Committee on Envi- on Commerce, Science, and Transportation. titled ‘‘1,2-Ethanediamine, Polymer with ronment and Public Works. EC–5371. A communication from the Pro- Methyl Oxirane and Oxirane; Tolerance Ex- EC–5362. A communication from the Prin- gram Analyst of the Federal Aviation Ad- emption’’ (FRL6821–9) received on February cipal Deputy Associate Administrator of the ministration, Department of Transportation, 8, 2002; to the Committee on Agriculture, Nu- Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of trition, and Forestry. ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives: EC–5352. A communication from the Assist- titled ‘‘Approval and Promulgation of Air McDonnell Douglas Model DC–8 70 Series ant Secretary of Legislative Affairs, Depart- Quality Implementation Plans; West Vir- Airplanes’’ ((RIN2120–AA64)(2002–0083)) re- ment of State, transmitting, pursuant to the ginia; Revisions to the Ozone Maintenance ceived on February 8, 2002; to the Committee Arms Export Control Act, the report of a Plan for the Huntington-Ashland Area’’ on Commerce, Science, and Transportation. certification of a proposed license for the ex- (FRL7141–1) received on February 8, 2002; to EC–5372. A communication from the Pro- port of defense articles to India; to the Com- gram Analyst of the Federal Aviation Ad- mittee on Foreign Relations. the Committee on Environment and Public EC–5353. A communication from the Assist- Works. ministration, Department of Transportation, ant Secretary of Legislative Affairs, Depart- EC–5363. A communication from the Prin- transmitting, pursuant to law, the report of ment of State, transmitting, pursuant to the cipal Deputy Associate Administrator of the a rule entitled ‘‘Airworthiness Directives: Arms Export Control Act, the report of a Environmental Protection Agency, transmit- Boeing Model 737–100, 200, and 200C Series certification of a proposed license for the ex- ting, pursuant to law, the report of a rule en- Airplanes’’ ((RIN2120–AA64)(2002–0082)) re- port of defense articles to India; to the Com- titled ‘‘Revisions to the California State Im- ceived on February 8, 2002; to the Committee mittee on Foreign Relations. plementation Plan, South Coast Air Quality on Commerce, Science, and Transportation. EC–5354. A communication from the Assist- Management District’’ (FRL7137–6) received EC–5373. A communication from the Pro- ant Secretary of Legislative Affairs, Depart- on February 8, 2002; to the Committee on En- gram Analyst of the Federal Aviation Ad- ment of State, transmitting, pursuant to the vironment and Public Works. ministration, Department of Transportation, Arms Export Control Act, the report of a EC–5364. A communication from the Pro- transmitting, pursuant to law, the report of certification of a proposed license for the ex- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: port of defense articles to India; to the Com- ministration, Department of Transportation, Boeing Model 747–100, 200B, 200C, 200F, 747SP, mittee on Foreign Relations. transmitting, pursuant to law, the report of and 747SR Series Airplanes’’ ((RIN2120– EC–5355. A communication from the Assist- a rule entitled ‘‘Type Certification Proce- AA64)(2002–0081)) received on February 8, ant Secretary of Legislative Affairs, Depart- dures for Changed Products; delay of compli- 2002; to the Committee on Commerce, ment of State, transmitting, pursuant to the ance dates’’ ((RIN2120–AF68)(2002–0001)) re- Science, and Transportation. Arms Export Control Act, the report of a ceived on February 8, 2002; to the Committee EC–5374. A communication from the Pro- certification of a proposed license for the ex- on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- port of defense articles to India; to the Com- EC–5365. A communication from the Pro- ministration, Department of Transportation, mittee on Foreign Relations. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–5356. A communication from the Prin- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of Boeing Model 747 Series Airplanes’’ Environmental Protection Agency, transmit- a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64)(2002–0080)) received on Feb- ting, pursuant to law, the report of a rule en- McDonnell Douglas Model DC–10 10, 10F, 15, ruary 8, 2002; to the Committee on Com- titled ‘‘Revision to the California State Im- 30, 30F, 40, and 40F Series Airplanes’’ merce, Science, and Transportation. plementation Plan, San Joaquin Valley Uni- ((RIN2120–AA64)(2002–0088)) received on Feb- EC–5375. A communication from the Pro- fied Air Pollution Control District’’ ruary 8, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- (FRL7134–2) received on February 8, 2002; to merce, Science, and Transportation. ministration, Department of Transportation, the Committee on Environment and Public EC–5366. A communication from the Pro- transmitting, pursuant to law, the report of Works. gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: EC–5357. A communication from the Prin- ministration, Department of Transportation, Boeing Model 747 200C and 200F Series Air- cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of planes’’ ((RIN2120–AA64)(2002–0079)) received Environmental Protection Agency, transmit- a rule entitled ‘‘Revision of Class E Airspace; on February 8, 2002; to the Committee on ting, pursuant to law, the report of a rule en- Springhill, LA; confirmation of effective Commerce, Science, and Transportation. titled ‘‘NESHAP: Interim Standards for Haz- date’’ ((RIN2120–AA66)(2002–0009)) received on EC–5376. A communication from the Pro- ardous Air Pollutants for Hazardous Waste February 8, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- Combustors (Interim Standards Rule)’’ merce, Science, and Transportation. ministration, Department of Transportation, (FRL7143–3) received on February 8, 2002; to EC–5367. A communication from the Pro- transmitting, pursuant to law, the report of the Committee on Environment and Public gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: Works. ministration, Department of Transportation, Boeing Model 747 Series Airplanes’’ EC–5358. A communication from the Prin- transmitting, pursuant to law, the report of ((RIN2120–AA64)(2002–0078)) received on Feb- cipal Deputy Associate Administrator of the a rule entitled ‘‘Airworthiness Directives: ruary 8, 2002; to the Committee on Com- Environmental Protection Agency, transmit- McDonnell Douglas Model DC–9 81, 82, 83, and merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- 87 Series Airplanes, and Model MD 88 Air- EC–5377. A communication from the Chair- titled ‘‘NESHAPS: Standards for Hazardous planes’’ ((RIN2120–AA64)(2002–0087)) received man of the Council of the District of Colum- Air Pollutants for Hazardous Waste Combus- on February 8, 2002; to the Committee on bia, transmitting, pursuant to law, a report tors (Final Amendments Rule)’’ (FRL7143–4) Commerce, Science, and Transportation. on D.C. Act 14–237, ‘‘Closing of a Public Alley received on February 8, 2002; to the Com- EC–5368. A communication from the Pro- in Square 5851, S.O. 00–94 Act of 2002’’; to the mittee on Environment and Public Works. gram Analyst of the Federal Aviation Ad- Committee on Governmental Affairs.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.077 pfrm02 PsN: S12PT1 S660 CONGRESSIONAL RECORD — SENATE February 12, 2002 EC–5378. A communication from the Chair- EC–5391. A communication from the Chair- By Mr. SHELBY: man of the Council of the District of Colum- man of the Council of the District of Colum- S. 1933. A bill to amend the Securities Ex- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report change Act of 1934 and the Securities Act of on D.C. Act 14–236, ‘‘Closing of a Portion of on D.C. Act 14–233, ‘‘Colorectal Cancer 1933, to address liability standards in connec- South Avenue, N.E., and Designation of Screening Insurance Coverage Requirement tion with violations of the Federal securities Washington Place, N.E., S.O. 01–312, Act of Act of 2002’’; to the Committee on Govern- laws, and for other purposes; to the Com- 2002’’; to the Committee on Governmental mental Affairs. mittee on Banking, Housing, and Urban Af- Affairs. EC–5392. A communication from the Chair- fairs. EC–5379. A communication from the Chair- man of the Council of the District of Colum- By Ms. MIKULSKI (for herself and Mrs. man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report CLINTON): bia, transmitting, pursuant to law, a report on D.C. Act 14–234, ‘‘Closing of a Public Alley S. 1934. A bill to amend the Law Enforce- on D.C. Act 14–235, ‘‘Closing of a Public Alley in Square 2837, S.O. 92–195, Act of 2002’’; to ment Pay Equity Act of 2000 to permit cer- in Square 220, S.O. 01–2388 Act of 2002’’; to the the Committee on Governmental Affairs. tain annuitants of the retirement programs Committee on Governmental Affairs. EC–5393. A communication from the Chair- of the United States Park Police and United EC–5380. A communication from the Chair- man of the Council of District of Columbia, States Secret Service Uniformed Division to receive the adjustments in pension benefits man of the Council of the District of Colum- transmitting, pursuant to law, a report on to which such annuitants would otherwise be bia, transmitting, pursuant to law, a report D.C. Act 14–229, ‘‘Health Insurers and entitled as a result of the conversion of on D.C. Act 14–238, ‘‘Chief Financial Officer Credentialing Intermediaries Uniform members of the United Stats Park Police Establishment Reprogramming During Non- Credentialing Form Act of 2002’’; to the Com- and United States Secret Service Uniformed Control Years Technical Amendment Act of mittee on Governmental Affairs. Division to a new salary schedule under the 2002’’; to the Committee on Governmental EC–5394. A communication from the Chair- amendments made by such Act; to the Com- Affairs. man of the Council of the District of Colum- mittee on Governmental Affairs. EC–5381. A communication from the Chair- bia, transmitting, pursuant to law, a report By Ms. MIKULSKI (for herself, Mr. man of the Council of the District of Colum- on D.C. Act 14–230, ‘‘Uniform Consultation LEAHY, Mr. BINGAMAN, and Mrs. CLIN- bia, transmitting, pursuant to law, a report Referral Forms Act of 2002’’; to the Com- TON): on D.C. Act 14–241, ‘‘Closing, Dedication and mittee on Governmental Affairs. S. 1935. A bill to amend chapters 83 and 84 Designation of Certain Public Streets and EC–5395. A communication from the Comp- of title 5, United States Code, to include in- Alleys in Squares 5880, 5881, 5882, 5883, 5885, troller General of the United States, General spectors of the Immigration and Naturaliza- 5890, and S.O. and 01–2384 Act of 2002’’; to the Accounting Office, transmitting, pursuant to tion Service, inspectors and canine enforce- Committee on Governmental Affairs. House Report 101–648, a report relative to ment officers of the United States Customs EC–5382. A communication from the Chair- General Accounting Office employees de- Service, and revenue officers of the Internal man of the Council of the District of Colum- tailed to congressional committees as of Revenue Service as law enforcement officers; bia, transmitting, pursuant to law, a report January 25, 2002; to the Committee on Gov- to the Committee on Governmental Affairs. on D.C. Act 14–251, ‘‘Continuation of Health ernmental Affairs. By Mr. DURBIN: Coverage Temporary Act of 2002’’; to the f S. 1936. A bill to address the international Committee on Governmental Affairs. HIV/AIDS pandemic; to the Committee on EC–5383. A communication from the Chair- EXECUTIVE REPORTS OF Health, Education, Labor, and Pensions. man of the Council of the District of Colum- COMMITTEES bia, transmitting, pursuant to law, a report f on D.C. Act 14–252, ‘‘Unemployment Com- The following executive reports of SUBMISSION OF CONCURRENT AND pensation Services Temporary Amendment committees were submitted: SENATE RESOLUTIONS Act of 2002’’; to the Committee on Govern- By Mr. LIEBERMAN for the Committee on The following concurrent resolutions mental Affairs. Governmental Affairs. EC–5384. A communication from the Chair- *John L. Howard, of Illinois, to be Chair- and Senate resolutions were read, and man of the Council of the District of Colum- man of the Special Panel on Appeals for a referred (or acted upon), as indicated: bia, transmitting, pursuant to law, a report term of six years. By Mr. BINGAMAN (for himself, Mr. on D.C. Act 14–253, ‘‘Ward Redistricting Resi- *Nancy Dorn, of Texas, to be Deputy Direc- LUGAR, Mrs. CARNAHAN, Mr. BOND, dential Permit Parking Temporary Amend- tor of the Office of Management and Budget. Mr. TORRICELLI, and Mr. DEWINE): ment Act of 2002’’; to the Committee on Gov- *Dan Gregory Blair, of the District of Co- S. Res. 207. A resolution designating March ernmental Affairs. lumbia, to be Deputy Director of the Office 31, 2002, and March 31, 2003, as ‘‘National Ci- EC–5385. A communication from the Chair- of Personnel Management. vilian Conservation Corps Day’’; to the Com- man of the Council of the District of Colum- mittee on the Judiciary. bia, transmitting, pursuant to law, a report *Nomination was reported with rec- By Mr. BROWNBACK (for himself and on D.C. Act 14–254, ‘‘Educational Stepladder ommendation that it be confirmed sub- Mr. WELLSTONE): Temporary Act of 2002’’; to the Committee ject to the nominee’s commitment to S. Con. Res. 96. A concurrent resolution on Governmental Affairs. respond to requests to appear and tes- commending President Pervez Musharraf of EC–5386. A communication from the Chair- tify before any duly constituted com- Pakistan for his leadership and friendship man of the Council of the District of Colum- mittee of the Senate. and welcoming him to the United States; bia, transmitting, pursuant to law, a report considered and agreed to. f on D.C. Act 14–257, ‘‘Operation Enduring f Freedom Active Duty Pay Differential Tem- NOMINATION DISCHARGED porary Amendment Act of 2002’’; to the Com- ADDITIONAL COSPONSORS The following nomination was dis- mittee on Governmental Affairs. S. 129 charged from the Committee on EC–5387. A communication from the Chair- At the request of Mrs. CLINTON, her man of the Council of the District of Colum- Health, Education, Labor, and Pen- name was added as a cosponsor of S. bia, transmitting, pursuant to law, a report sions pursuant to the unanimous con- 129, a bill to amend title 38, United on D.C. Act 14–255, ‘‘Safety Net Temporary sent agreement of February 12, 2002: Act of 2002’’; to the Committee on Govern- States Code, to provide for the pay- DEPARTMENT OF EDUCATION mental Affairs. ment of a monthly stipend to the sur- EC–5388. A communication from the Chair- William Leidinger, to be Assistant Sec- viving parents (known as ‘‘Gold Star man of the Council of the District of Colum- retary for Management, Department of Edu- Parents’’) of members of the Armed bia, transmitting, pursuant to law, a report cation, Department of Education. Forces who die during a period of war. on D.C. Act 14–250, ‘‘Uniform Athlete Agents f S. 145 Act of 2002’’; to the Committee on Govern- At the request of Mr. THURMOND, the mental Affairs. INTRODUCTION OF BILLS AND EC–5389. A communication from the Chair- JOINT RESOLUTIONS name of the Senator from Illinois (Mr. DURBIN) was added as a cosponsor of S. man of the Council of the District of Colum- The following bills and joint resolu- 145, a bill to amend title 10, United bia, transmitting, pursuant to law, a report tions were introduced, read the first on D.C. Act 14–231, ‘‘Health-Care Facility Un- States Code, to increase to parity with and second times by unanimous con- licensed Personnel Criminal Background other surviving spouses the basic annu- sent, and referred as indicated: Check Amendment Act of 2002’’; to the Com- ity that is provided under the uni- mittee on Governmental Affairs. By Mr. TORRICELLI: formed services Survivor Benefit Plan EC–5390. A communication from the Chair- S. 1932. A bill to require a United States for surviving spouses who are at least man of the Council of the District of Colum- plan to endorse and obtain observer status bia, transmitting, pursuant to law, a report for Taiwan at the annual summit of the 62 years of age, and for other purposes. on D.C. Act 14–232, ‘‘Lease-Purchase Agree- World Health Assembly in May 2002 in Gene- S. 170 ment Act of 2002’’; to the Committee on Gov- va, Switzerland, and for other purposes; to At the request of Mr. BUNNING, his ernmental Affairs. the Committee on Foreign Relations. name was added as a cosponsor of S.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.079 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S661 170, a bill to amend title 10, United methyl tertiary butyl ether, and for 1765, a bill to improve the ability of the States Code, to permit retired mem- other purposes. United States to prepare for and re- bers of the Armed Forces who have a S. 999 spond to a biological threat or attack. service-connected disability to receive At the request of Mr. BUNNING, his S. 1909 both military retired pay by reason of name was added as a cosponsor of S. At the request of Mr. BOND, the name their years of military service and dis- 999, a bill to amend title 10, United of the Senator from Louisiana (Ms. ability compensation from the Depart- States Code, to provide for a Korea De- LANDRIEU) was added as a cosponsor of ment of Veterans Affairs for their dis- fense Service Medal to be issued to S. 1909, a bill to amend title 10, United ability. members of the Armed Forces who par- States Code, to require the establish- S. 207 ticipated in operations in Korea after ment of a unified combatant command At the request of Mr. SMITH of New the end of the Korean War. for homeland security of the United Hampshire, the name of the Senator S. 1009 States, and for other purposes. from New Jersey (Mr. TORRICELLI) was At the request of Mrs. HUTCHISON, the S. 1917 added as a cosponsor of S. 207, a bill to name of the Senator from Virginia (Mr. At the request of Mr. SMITH of New amend the Internal Revenue Code of WARNER) was added as a cosponsor of S. Hampshire, the names of the Senator 1986 to provide incentives to introduce 1009, a bill to require the provision of from Arkansas (Mr. HUTCHINSON) and new technologies to reduce energy con- information to parents and adults con- the Senator from Wyoming (Mr. ENZI) sumption in buildings. cerning bacterial meningitis and the were added as cosponsors of S. 1917, a S. 304 availability of a vaccination with re- bill to provide for highway infrastruc- At the request of Mr. HATCH, the spect to such diseases. ture investment at the guaranteed names of the Senator from Iowa (Mr. S. 1125 funding level contained in the Trans- GRASSLEY) and the Senator from Ar- At the request of Mr. MCCONNELL, portation Equity Act for the 21st Cen- kansas (Mr. HUTCHINSON) were added as the name of the Senator from Arkansas tury. cosponsors of S. 304, a bill to reduce il- (Mrs. LINCOLN) was added as a cospon- S. CON. RES. 56 legal drug use and trafficking and to sor of S. 1125, a bill to conserve global At the request of Mrs. CLINTON, her help provide appropriate drug edu- bear populations by prohibiting the im- name was added as a cosponsor of cation, prevention, and treatment pro- portation, exportation, and interstate S.Con.Res. 56, a concurrent resolution grams. trade of bear viscera and items, prod- expressing the sense of Congress that a S. 683 ucts, or substances containing, or la- commemorative postage stamp should At the request of Mr. SANTORUM, the beled or advertised as containing, bear be issued by the United States Postal name of the Senator from Colorado viscera, and for other purposes. Service honoring the members of the (Mr. ALLARD) was added as a cosponsor S. 1209 Armed Forces who have been awarded of S. 683, a bill to amend the Internal At the request of Mr. BINGAMAN, the the Purple Heart. Revenue Code of 1986 to allow individ- name of the Senator from Maryland AMENDMENT NO. 2829 uals a refundable credit against income (Ms. MIKULSKI) was added as a cospon- At the request of Mrs. FEINSTEIN, the tax for the purchase of private health sor of S. 1209, a bill to amend the Trade name of the Senator from New Hamp- insurance, and to establish State Act of 1974 to consolidate and improve shire (Mr. GREGG) was added as a co- health insurance safety-net programs. the trade adjustment assistance pro- sponsor of amendment No. 2829. S. 806 grams, to provide community-based AMENDMENT NO. 2832 At the request of Mr. HUTCHINSON, economic development assistance for At the request of Mr. BINGAMAN, his the name of the Senator from Ohio trade-affected communities, and for name was added as a cosponsor of (Mr. VOINOVICH) was added as a cospon- other purposes. amendment No. 2832. sor of S. 806, a bill to guarantee the S. 1409 At the request of Mr. MILLER, the right of individuals to receive full so- At the request of Mr. MCCONNELL, names of the Senator from North Caro- cial security benefits under title II of the names of the Senator from Penn- lina (Mr. HELMS), the Senator from the Social Security Act with an accu- sylvania (Mr. SPECTER) and the Sen- North Carolina (Mr. EDWARDS) , the rate annual cost-of-living adjustment. ator from Arkansas (Mr. HUTCHINSON) Senator from Virginia (Mr. WARNER) , S. 830 were added as cosponsors of S. 1409, a the Senator from Virginia (Mr. ALLEN); At the request of Mr. CHAFEE, the bill to impose sanctions against the and the Senator from Alabama (Mr. name of the Senator from Ohio (Mr. PLO or the Palestinian Authority if SESSIONS) were added as cosponsors of DEWINE) was added as a cosponsor of S. the President determines that those amendment No. 2832 supra. 830, a bill to amend the Public Health entities have failed to substantially f comply with commitments made to the Service Act to authorize the Director STATEMENTS ON INTRODUCED State of Israel. of the National Institute of Environ- BILLS AND JOINT RESOLUTIONS mental Health Sciences to make grants S. 1749 By Mr. SHELBY: for the development and operation of At the request of Mr. KENNEDY, the research centers regarding environ- name of the Senator from Alaska (Mr. S. 1933. A bill to amend the Securi- ties Exchange Act of 1934 and the Secu- mental factors that may be related to STEVENS) was added as a cosponsor of the etiology of breast cancer. S. 1749, a bill to enhance the border se- rities Act of 1933, to address liability standards in connection with viola- S. 839 curity of the United States, and for other purposes. tions of the Federal securities laws, At the request of Mrs. HUTCHISON, the and for other purposes; to the Com- name of the Senator from Missouri S. 1760 mittee on Banking, Housing, and (Mr. BOND) was added as a cosponsor of At the request of Mrs. LINCOLN, the Urban Affairs. S. 839, a bill to amend title XVIII of the names of the Senator from New Jersey Mr. SHELBY Mr. President, I ask Social Security Act to increase the (Mr. TORRICELLI) and the Senator from unanimous consent that the text of the amount of payment for inpatient hos- ODD Connecticut (Mr. D ) were added as bill be printed in the RECORD. pital services under the medicare pro- cosponsors of S. 1760, a bill to amend There being no objection, the bill was gram and to freeze the reduction in title XVIII of the Social Security Act ordered to be printed in the RECORD, as payments to hospitals for indirect to provide for the coverage of marriage follows: costs of medical education. and family therapist services and men- S. 1933 S. 950 tal health counselor services under part B of the medicare program, and Be it enacted by the Senate and House of Rep- At the request of Mr. JEFFORDS, the resentatives of the United States of America in name of the Senator from Rhode Island for other purposes. Congress assembled, (Mr. REED) was added as a cosponsor of S. 1765 SECTION 1. SHORT TITLE. S. 950, a bill to amend the Clean Air At the request of Mr. BUNNING, his This Act may be cited as the ‘‘Investor Act to address problems concerning name was added as a cosponsor of S. Protection Act of 2002’’.

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.070 pfrm02 PsN: S12PT1 S662 CONGRESSIONAL RECORD — SENATE February 12, 2002 SEC. 2. LIABILITY STANDARDS IN PRIVATE SECU- ties laws commenced before and pending on Park Police to receive the same Cost of RITIES LITIGATION. the date of enactment of this Act. Living Adjustment, COLA, as active of- (a) IN GENERAL.—Section 21D(f) of the Se- SEC. 3. PERSONS WHO AID AND ABET VIOLA- ficers. curities Exchange Act of 1934 (15 U.S.C. 78u– TIONS. For almost 80 years, Secret Service 4(f)) is amended to read as follows: (a) COMMISSION AUTHORITY.—Section 20(e) and Park Police retirees were assured of the Securities Exchange Act of 1934 (15 ‘‘(f) CIVIL LIABILITY.— an increase in their pensions whenever ‘‘(1) JOINT AND SEVERAL LIABILITY FOR DAM- U.S.C. 78t(e)) is amended by striking ‘‘know- AGES.—Any covered person against whom a ingly’’ and inserting ‘‘recklessly’’. their active counterparts received an final judgment is entered in a private action (b) PRIVATE LITIGATION.—Section 21D of increase by the ‘‘equalization clause’’ arising under this title shall be liable for the Securities Exchange Act of 1934 (15 in the District of Columbia Police and damages jointly and severally. U.S.C. 78u–4) is amended by adding at the Firearms Salary Act, DCRA, of 1958. ‘‘(2) SETTLEMENT DISCHARGE.— end the following: When the Law Enforcement Pay Eq- ‘‘(A) IN GENERAL.—A covered person who ‘‘(g) PERSONS THAT AID OR ABET VIOLA- uity Act passed in 2000, the automatic settles any private action arising under this TIONS.—Any person that recklessly provides link that ensured retirees of getting title at any time before final verdict or judg- substantial assistance to another person in violation of a provision of this title, or of the same COLA as active officers was ment shall be discharged from all claims for severed. This bill would restore that contribution brought by other persons. any rule or regulation issued under this ‘‘(B) BAR ORDER.—Upon entry of a settle- title, shall be deemed to be in violation of link, guaranteeing that the pension for ment described in subparagraph (A) by the such provision to the same extent as the per- these retired federal police officers court, the court shall enter a bar order con- son to whom such assistance is provided.’’. keeps up with the cost of living. stituting the final discharge of all obliga- SEC. 4. STATUTE OF LIMITATIONS. The Law Enforcement Pay Equity tions to the plaintiff of the settling covered Title I of the Securities Exchange Act of Act of 2000 created a sharp inequality person arising out of the action, which order 1934 (15 U.S.C. 78a et seq.) is amended by add- in retirement benefits for a small num- shall bar all future claims for contribution ing at the end the following new section: ber of retirees, 630 Secret Service retir- arising out of the action— ‘‘SEC. 37. STATUTE OF LIMITATIONS. ees and 465 Park Police retirees, rough- ‘‘(i) by any person against the settling cov- ‘‘(a) IN GENERAL.—Except as otherwise spe- ly eleven hundred in total. They gave ered person; and cifically provided in this title, and notwith- years of loyal service, often in difficult ‘‘(ii) by the settling covered person against standing section 9(e), an implied private any person, other than a person whose liabil- right of action arising under this title may and life-threatening situations. They ity has been extinguished by the settlement be brought not later than the earlier of— are the only federal retirees who had of the settling covered person. ‘‘(1) 5 years after the date on which the al- existing retirement benefits scaled ‘‘(C) REDUCTION.—If a covered person en- leged violation occurred; or back. ters into a settlement with the plaintiff ‘‘(2) 3 years after the date on which the al- Providing for government retirees prior to final verdict or judgment, the ver- leged violation was discovered. and their families has always been an dict or judgment shall be reduced by the ‘‘(b) EFFECTIVE DATE.—The limitations pe- important function of the Federal Gov- greater of— riod provided by this section shall apply to ernment. There is no reason why the ‘‘(i) an amount that corresponds to the per- all proceedings commenced after the date of government should go back on its word centage of responsibility of that covered per- enactment of the Investor Protection Act of son; or 2002.’’. to provide this small group of valuable ‘‘(ii) the amount paid to the plaintiff by SEC. 5. REPEAL OF CERTAIN CLASS ACTION LIMI- employees with secure retirement ben- that covered person. TATIONS. efits. Restoring the Cost of Living Ad- ‘‘(3) CONTRIBUTION.— (a) SECURITIES EXCHANGE ACT OF 1934.—Sec- justment to the pensions of 1100 Fed- ‘‘(A) IN GENERAL.—A covered person who is tion 28 of the Securities Exchange Act of 1934 eral retirees will have a minimal im- jointly and severally liable for damages in (15 U.S.C. 78bb) is amended— pact on the Federal budget, but a any private action arising under this title (1) in subsection (a), by striking ‘‘Except as major impact on the quality of life of may recover contribution from any other provided in subsection (f), the’’ and inserting the people involved. person who, if joined in the original action, ‘‘The’’; and When it comes to Federal employees, (2) by striking subsection (f). would have been liable for the same dam- I believe that promises made should be ages. A claim for contribution shall be deter- (b) SECURITIES ACT OF 1933.—Section 16 of mined based on the percentage of responsi- the Securities Act of 1933 (15 U.S.C. 77p) is promises kept. These former Secret bility of the claimant and of each person amended to read as follows: Service and Park Police officers against whom a claim for contribution is ‘‘SEC. 16. REMEDIES ADDITIONAL. planned for their retirement with the made, as determined by the court. ‘‘The rights and remedies provided by this understanding that their pension would ‘‘(B) STATUTE OF LIMITATIONS FOR CON- title shall be in addition to any and all other be enough to live on, even as the cost TRIBUTION.—In any private action arising out rights and remedies that may exist at law or of living increased. They deserve the of this title determining liability, an action in equity.’’. retirement benefits they were promised for contribution shall be brought not later when they signed up for service. than 6 months after the date of entry of a By Ms. MIKULSKI (for herself I urge my colleagues to join me in ex- final, nonappealable judgment in the action. and Mrs. CLINTON): pressing support for this bill to restore ‘‘(4) APPLICABILITY.—Nothing in this sub- S. 1934. A bill to amend the Law En- section shall be construed to create, affect, promised retirement benefits to retired forcement Pay Equity Act of 2000 to officers of the United States Secret or in any manner modify, the standard for li- permit certain annuitants of the retire- ability associated with any action arising Service Uniformed Division and the under the securities laws. ment programs of the United States United States Park Police. ‘‘(5) DEFINITIONS.—For purposes of this Park Police and United States Secret subsection— Service Uniformed Division to receive By Ms. MIKULSKI (for herself, ‘‘(A) the term ‘covered person’ means— the adjustments in pension benefits to Mr. LEAHY, Mr. BINGAMAN, and ‘‘(i) a defendant in any private action aris- which such annuitants would otherwise Mrs. CLINTON): ing under this title; or be entitled as a result of the conversion S. 1935. A bill to amend chapters 83 ‘‘(ii) a defendant in any private action aris- of members of the United States Park and 84 of title 5, United States Code, to ing under section 11 of the Securities Act of Police and United States Secret Serv- include inspectors of the Immigration 1933, who is an outside director of the issuer of the securities that are the subject of the ice Uniformed Division to a new salary and Naturalization Service, inspectors action; and schedule under the amendments made and canine enforcement officers of the ‘‘(B) the term ‘outside director’ shall have by such Act; to the Committee on Gov- United States Customs Service, and the meaning given such term by rule or regu- ernmental Affairs. revenue officers of the Internal Rev- lation of the Commission.’’. Ms. MIKULSKI. Mr. President, I rise enue Service as law enforcement offi- (b) CONFORMING AMENDMENT TO THE SECURI- today to introduce the Federal Law cers; to the Committee on Govern- TIES ACT OF 1933.—Section 11(f)(2)(A) of the Enforcement Pay Adjustment Equity mental Affairs. Securities Act of 1933 (15 U.S.C. 77k(f)(2)(A)) Act. I am proud to be joined on this bill Ms. MIKULSKI. Mr. President, I rise is amended by striking ‘‘in accordance’’ and by my colleague, Senator CLINTON. today to introduce the Law Enforce- all that follows through the period and in- serting ‘‘in accordance with section 21D(f) of This legislation amends the Law En- ment Officers Retirement Equity Act the Securities Exchange Act of 1934.’’. forcement Pay Equity Act of 2000 to of 2002. I am proud to be joined on this (c) APPLICABILITY.—The amendments made allow retired police officers of the bill by my colleagues, Senators LEAHY, by this section shall not affect or apply to United States Secret Service Uni- CLINTON, and BINGAMAN. This legisla- any private action arising under the securi- formed Division and the United States tion will ensure that revenue officers of

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.075 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S663 the Internal Revenue Service, customs 300 ports of entry. In the normal course Customs inspectors and IRS Revenue inspectors of the U.S. Customs Service, of their duties, they enforce criminal agents by including them as ‘‘law en- and immigration inspectors of the Im- law, make arrests, carry firearms, in- forcement officers,’’ LEOs, under the migration and Naturalization Service terrogate applicants for entry, search Federal Employees’ Retirement Sys- have the same retirement options as persons and effects, and seize evidence. tem and the Civil Service Retirement most Federal law enforcement officers Inspector’s responsibilities have be- System. The relevant provisions of the and conforms with the Federal law en- come increasing complex as political, United States Code dealing with retire- forcement retirement system. economic and social unrest has in- ment benefits define an LEO as an em- Under current law, most Federal law creased globally. The threat of ter- ployee whose duties are ‘‘primarily the enforcement officers and firefighters rorism only increases these responsibil- investigation, apprehension, or deten- are eligible to retire at age 50 with 20 ities. tion’’ of individuals suspected or con- years of Federal service. Most people INS Inspectors help secure our bor- victed of violating Federal law. See 5 would be surprised to learn that cur- ders. In FY 2001, over 510 million in- U.S.C. §§ 8331(20) & 8401(17). Under that rent law does not treat revenue offi- spections were performed by these in- definition, it is inconceivable that Cus- cers, customs inspectors and immigra- spectors with 700,000 individuals were toms and INS Inspectors and IRS Rev- tions inspectors as Federal law enforce- denied entry, and approximately 15,000 enue Agents would not be included, yet ment personnel. I feel very strongly criminal aliens being intercepted. they are not. Customs and INS Inspec- that in the light of the increased duties Revenue officers struggle with heavy tors spend their entire days searching, that these men and women are doing to workloads and a high rate of job stress. questioning, and investigating poten- help combat terrorism, keep our home- Some IRS employees must even em- tial violations of Federal law by those land secure, and help with the war on ploy pseudonyms to hide their identity who either cross our borders or those drugs we need to do what we can to because of the great threat to their who send goods and freight into and give them the benefits that they de- personal safety. The Internal Revenue out of the United States. In many serve. Service currently provides it’s employ- cases, they are our first and last de- This legislation will amend the cur- ees with a manual entitled: Assaults fense against smugglers and those who rent law and finally grant the same 20- and Threats: A Guide to Your Personal seek to enter the United States unlaw- year retirement to these members of Safety to help employees respond to fully. IRS Revenue Agents have a long history of tax enforcement, sometime the Internal Revenue Service, Customs hostile situations. The document ad- in dangerous circumstances involving Service, and Immigration and Natu- vises IRS employees how to handle on- contraband materials. ralization Service. The employees the-job assaults, abuse, threatening This bill would make these agents under this bill have very hazardous, telephone calls, and other menacing and inspectors eligible for immediate, physically challenging occupations, situations. unreduced retirement benefits at age 50 and it is in the public’s interest to This legislation is cost effective. Any with 20 years of service. For example, make sure that these homeland secu- cost that is created by this act is more those who are covered by the Civil rity officials receive the benefits they than offset by savings in training costs Service Retirement System would re- earn on our frontlines everyday. and increased revenue collection. A 20- ceive 50 percent of the average of their The need for a 20-year retirement year retirement bill for these critical three highest years’ salary. That is the benefit for inspectors of the Customs employees will reduce turnover, in- retirement package that is currently Service is very clear. These employees crease productivity, decrease employee afforded to nearly every other Federal are the country’s first line of defense recruitment and development costs, law enforcement employee. Just like against terrorism and the smuggling of and enhance the retention of a well- the Federal prosecutors covered by S. illegal drugs at our borders. They are trained and experienced work force. 1828, there is no good justification for required to have the same law enforce- These vital Federal employees bear the not including these Customs, INS and ment training as all other law enforce- same risks and work under similar con- IRS law enforcement employees with ment personnel. These employees face ditions to other law enforcement offi- their peers in terms of their retirement so many challenges. They may poten- cials and deserve to receive the same benefits, and plenty of good reasons tially confront criminals in the drug level of benefits. supporting their inclusion. war, organized crime figures, and in- I urge my colleagues to join me again First and foremost, the danger faced creasingly sophisticated white-collar in this Congress in expressing support by these men and women supports criminals. for this bill and finally getting it en- their inclusion as LEOs. The primary U.S. Customs inspectors have the au- acted. This bill will improve the effec- reason for granting enhanced retire- thority to arrest those engaged in tiveness of our inspector and revenue ment benefits to LEOs is the often dan- these crimes if the crimes are com- officer work force to ensure the integ- gerous work of law enforcement, and at mitted in their presence. These officers rity of our borders and proper collec- no time in our Nation’s history has carry a firearm on the job. They are re- tion of the taxes and duties owed to the both the danger and importance of pro- sponsible for the most arrests per- Federal Government. tecting our Nation’s borders been more formed by Customs Service employees. Mr. LEAHY. Mr. President, I rise to clear. As the September 11 attacks on Along with U.S. Customs agents, uni- join my good friend Senator MIKULSKI our nation amply demonstrated, the formed U.S. Customs inspectors are in introducing the Law Enforcement tools of terrorism and the terrorists helping provide additional security at Officers Retirement Equity Act of 2002. themselves are often imported to the the Nation’s airports and could assist This bill would correct an inequity United States from abroad—and often U.S. Customs agents with the arrest of that exists under current law, whereby times illegally. The people who are in- anyone violating U.S. Customs laws. U.S. Customs Service and INS Inspec- cluded in this bill are the men and They were among the first to respond tors as well as revenue agents from the women who literally stand their posts to the tragedy at the World Trade Cen- IRS are denied the same retirement to make sure that, among other things, ter. benefits provided to other law enforce- illegal weapons and terrorists are not The Customs Service interdicts more ment officers. I have introduced a simi- allowed into the United States. What narcotics than all other law enforce- lar bill, S. 1828, with the support of could possibly be more dangerous? ment agencies combined, over a mil- Senator HATCH and Senator MIKULSKI, I know first hand, from my experi- lion pounds a year. In 1996, they seized which would provide similar benefits to ence as a former prosecutor in nearly 400 tons of marijuana, over 90 the Nation’s Federal prosecutors, who Vermont that the men and women who pounds of cocaine, and nearly 1.45 tons are now more than ever facing the im- stand watch at our Northern border put of heroin. mense dangers and challenges of the themselves in harm’s way each and Like U.S. Customs Service Inspec- war on terrorism. Both measures are every day that they put on their uni- tors, INS inspectors are part of the long overdue and important correc- forms and go to work. In Vermont, I first line of defense for homeland secu- tions in the Federal law. know that these men and women have rity. INS inspectors enforce the na- This bill would increase the retire- a proud history of confronting and ap- tion’s immigration laws at more than ment benefits given to federal INS and prehending those who seek to enter the

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.092 pfrm02 PsN: S12PT1 S664 CONGRESSIONAL RECORD — SENATE February 12, 2002 county illegally and smuggle contra- maintain economic prosperity and lege died of the disease. The Student, band into the United States. Already, safety in our own Nation, we must face from Nairobi, Kenya, is thought to as part of the USA PATRIOT Act, I was the fact that globalization is upon us. have contracted TB before coming to able to work to include important pro- This has never been more true than in the U.S. Also last month, health offi- visions which enhanced the protection the case of disease. The HIV/AIDS pan- cials in Mecklenburg County, North of our Northern border. This bill is yet demic, tuberculosis and other life Carolina, announced they were treat- another overdue measure which recog- threatening infectious diseases know ing five people for drug-resistant TB. nizes the importance of such border no borders. They cannot be prevented All were immigrants from countries protection. by a missile defense system. We cannot where TB flourishes. Just last week, Another reason for correcting this in- halt the spread of AIDS with bombing the Centers for Disease Control and consistency in the law is the retention raids. Prevention indicated that the number of good officers at the agencies which Whether deliberately spread as a man of new cases of TB in this country de- guard the border. Faced with new secu- made bioterrorist threats or a natu- clined in 2000 but the number of cases rity challenges, it is crucial that the rally occurring, infectious diseases are occurring in the foreign-born U.S. pop- Customs Service and the INS possess a pressing national security issue. A ulation increased. The point is clear: the tools to maintain an experienced CIA report last year noted the link be- we cannot maintain our own safety if and professional cadre of agents at our tween disease and political chaos, say- we neglect the health needs of the de- Nation’s land borders, airports, and ing that rampant AIDS, tuberculosis veloping world. seaports. When one type of Federal law and other infectious illnesses were For all these reasons—national secu- enforcement officer is provided worse ‘‘likely to aggravate, and in some rity, economic stability, public health, and our moral obligation, I have intro- benefits than all others for no good cases, may even provoke, economic duced the Global CARE Act. It is criti- reason, there is a risk that the most decay, social fragmentation and polit- cally important that we demonstrate qualified and successful agents will ical destabilization in the hardest hit the political will to act on this issue. I move to other comparable jobs with countries.’’ think it would be productive for Con- better benefits. Since LEO retirement The epidemic is not confined to Afri- gress to establish clear policy goals benefits are currently afforded to near- ca. HIV has reached epidemic propor- and funding targets that represent the ly every other group of people that en- tions in India. The World Bank esti- real need. It is also our job to ensure force our laws, there is currently a risk mates that if effective prevention ef- that there is accountability for the that the best and most dedicated Cus- forts are not implemented immediately money that we appropriate, and that toms and INS Inspectors will be lured and sustained, India could have more than 37 million people infected with we are able to articulate the results of away from their jobs protecting the our U.S. investment. It is my hope that border for ‘‘greener’’ pastures. This bill HIV by the year 2005. This is roughly equal to the total number of HIV infec- by doing this we will secure a serious, would eliminate this risk by providing effective financial commitment that to proper incentives for the best people to tions in the world today. The AIDS epi- demic is sweeping across Eastern Eu- date has been woefully inadequate. stay right where we want them, pro- The Global Coordination of HIV/AIDS rope, where HIV infection rates are ris- tecting our borders. Response Act is grounded in the prin- ing faster in the former Soviet Union To conclude, I commend Senator ciples of leadership and accountability. MIKULSI’s leadership in this area, and I than anywhere else in the world ac- The policy goals I have set forth in join her in introducing the Law En- cording to a U.N. Report on AIDS. The this bill are the following: better co- forcement Officers Retirement Equity Baltic nation of Estonia reported 10 ordination among the myriad of U.S. Act of 2002. For all of these reasons, I times as many new infections last year agencies active in the global AIDS urge its swift enactment into law. as it did in 1999. In China, the number fight; a more focused strategic plan- of people living with AIDS now tops ning initiative that makes the best use By Mr. DURBIN: one million. This is a moral issue that of U.S bilateral assistance; increased S. 1936. A bill to address the inter- cannot be ignored. accountability for the health and pol- national HIV/AIDS pandemic; to the The rising rates of infection and the icy objectives we seek to achieve with Committee on Health, Education, rising death toll are draining national our financial and human investment in Labor, and Pensions. budgets and depriving local economies AIDS-ravaged countries; the ability to Mr. DURBIN. Mr. President, I rise to of their workforce. Last November mobilize the most effective human and introduce the Global Coordination of United Nations officials predicted that capacity-building tools to provide some HIV/AIDS Response Act, known as the some of the most affected African na- of the building blocks that are needed; Global CARE Act. HIV/AIDS is a na- tions could lose more than 20 percent and a clear articulation of the broader tional security issue, an economic of their Gross Domestic Product, GDP, issues that need to be addressed to issue, a health and safety issue, and by 2020 because of AIDS. Recent studies have a real impact on HIV/AIDS, in- most importantly a moral issue. It is by the World Health Organization’s cluding not just prevention but treat- for these reasons I am proposing com- Commission on Macroeconomics and ment and care, and not just health ini- prehensive legislation to address the Health show that infections and dis- tiatives but also economic invest- global HIV/AIDS pandemic. This bill ease are not only the product of pov- ments. will not solve all these problems. But it erty; they also create poverty. By in- The Global CARE Act provides spe- does set the bar where the need is, and vesting in health in developing coun- cific funding authorizations for the key it does offer innovative ideas to address tries we can save lives and produce agencies working on global AIDS, as the global AIDS crisis in a strategic, clear and measurable financial returns. well as for the Global Fund. Both bilat- coordinated, accountable manner. For example, the Commission reported eral and multilateral assistance is Since the tragedy of September 11, that well-targeted spending of shared needed to address this problem. Before we have all been focused on combating among nations in the amount of $66 bil- the Leadership and Investment in the war on terrorism, and rightfully so. lion a year by 2015 could save as many Fighting and Epidemic, LIFE, initia- But as we all know, perhaps even more as 8 million lives a year and generate tive authorized USAID to conduct ac- clearly since September, fighting and six-fold economic benefits, more than tivities specifically focused on global preventing terrorism, preparing for and $360 billion a year by 2020. AIDS in FY2000, there was little direc- preventing bioterrorist attacks, main- AIDS is also the single largest con- tion from Congress on this issue. And taining international stability, and tributor to a worldwide resurgence in up until the United Nations and Presi- promoting global economic coopera- Tuberculosis, TB. The spread of TB in dent Bush specifically requested money tion and growth require not only a the developing world has a direct effect for the Global Fund, there was little military and political response but also on the health and safety of Americans. agreement about what was needed. It is a social and humanitarian effort. Last month, forty-eight people in Mo- now time for Congress to step up to the Today’s reality is a world in which bile, Alabama, tested positive for expo- plate and provide some direction. geographical borders seem to hold less sure to tuberculosis, three weeks after The authorized funding levels in the and less significance. As we work to a graduate student at Spring Hill Col- Global CARE Act represent a need that

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.093 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S665 has been well documented. The World sources and Services Administration, chronic infections are responsible for Health Organization’s Marcoeconomics and the National Institutes of Health; an estimated 10 million new infections, and Health Commission has determined the Department of Defense, Labor, more than 1.8 million deaths, 26 million that by 2007, the international commu- Commerce and Agriculture, and the years of life lost, and more than $535 nity—donor and affected countries— Peace Corps. million in direct medical costs. should be spending $14 billion in re- This is policy working group with It includes a new pilot program to sponse to the AIDS pandemic. Last representatives from the agency pro- provide a limited procurement of year, the United Nations called for grams doing the real work. It is my in- antirectoriviral drugs and technical as- roughly $10 billion annually. tention that the working group help to sistance to programs in host countries. America has by far the greatest giv- ensure that the various agencies we And it includes a very important or- ing capacity, yet we devote the small- fund to provide bi-lateral assistance phan relief and microcredit component est percentage of our overall wealth to are making the most of the money we that acknowledges that addressing the efforts aimed at alleviating global pov- appropriate; that they are not dupli- AIDS problem requires both an eco- erty and disease. Last year the United cating efforts; that they are learning nomic and social investment in women States gave one-tenth of 1 percent of from each others’ programmatic expe- and families. its GNP to foreign aid—or $1 for every rience and research in order to imple- I hope my colleagues will consider thousand dollars of its wealth, the low- ment the best practices; and that they the framework and policy I have devel- est giving rate of any rich nation. By are accountable to Congress and the oped as we work to introduce a unified comparison, Canada, Japan, Austria, American people for achieving measur- proposal to address the HIV/AIDS prob- Australia and Germany each gave able goals and objectives. In fact, the lem. Tackling this pandemic will take about one-quarter of 1 percent, of $2.50 function of this group is very similar more than one good bill—it will take a for every thousand dollars of wealth. to the interagency working group es- concerted effort to combine the best Many other countries give even more, tablished in H.R. 2069—legislation that ideas and realistic initaitives to get at rates 8 to 10 times higher than the passed the House of Representatives the job done. United States. Based on its share of last year. f global GNP, the United States should The Global CARE Act very specifi- contribute at least 25 percent of the cally directs the working group to re- STATEMENTS ON SUBMITTED total AIDS response cost in 2003. Twen- port back to the Senate Committee on RESOLUTIONS ty-five percent of the estimated $10 bil- Foreign Relations, the Senate Com- lion needed next year would be $2.5 bil- mittee on Health, Education, Labor SENATE RESOLUTION 207—DESIG- lion. Hundreds of civic groups and reli- and Pensions, and the Senate Appro- NATING MARCH 31, 2002, AND gious leaders have joined together, priations Committee, and the cor- MARCH 31, 2003, AS ‘‘NATIONAL calling on Congress to provide at least responding Committees in the House of CIVILIAN CONSERVATION CORPS $2.5 billion to combat the pandemic. Representatives, with the following in- The Global CARE Act establishes formation: 1. The actions being taken DAY’’ broad policy goals and activities that to coordinate multiple roles and poli- Mr. BINGAMAN (for himself, Mr. are embodied in an international HIV/ cies, and foster collaboration among LUGAR, Mrs. CARNAHAN, Mr. BOND, Mr. AIDS Prevention and Capacity Build- Federal agencies contributing to the TORRICELLI, and Mr. DEWINE) sub- ing Initiative and an International global HIV/AIDS activities; 2. A de- mitted the following resolution; which Care and Treatment Access Initiative. scription of the respective roles and ac- was referred to the Committee on the These goals and activities, which range tivities of each of the working group Judiciary. from education, voluntary testing and member agencies; 3. A description of S. RES. 207 counseling, to helping preserve fami- actions taken to carry out the goals Whereas the Civilian Conservation Corps, lies and ameliorate the orphan crisis, and activities authorized in the Inter- commonly known as the CCC, was an inde- are not parceled out to the various national AIDS Prevention and Capac- pendent Federal agency that deserves rec- agencies we know are actively engaged ity Building Imitative and the Inter- ognition for its lasting contribution to nat- in this issue such as the U.S. Agency national AIDS Care and Treatment Ac- ural resources conservation and infrastruc- for International Development cess Initiative set out in the legisla- ture improvements on public lands in the United States and for its outstanding success (USAID) and the Centers for Disease tion; 4. Recommendation to specific in providing employment and training to Control and Prevention (CDC). Rather Congressional committees regarding thousands of Americans; this legislation generally relies on the legislative and funding actions that are Whereas March 31, 2002, is the 69th anniver- existing authorities of the agencies to needed carry out the activities articu- sary, and March 31, 2003, is the 70th anniver- carry out these broad activities with lated in the bill; and 5. The results of sary, of the signing by President Franklin D. the requirement that they coordinate the HIV/AIDS goals and outcomes as Roosevelt of the Emergency Conservation their activities with each other and established by the working group. In Work Act, a precursor to the Civilian Con- with host country needs and host coun- my view, only by requiring very spe- servation Corps Act that established the CCC; try plans. cific reporting requirements will the Whereas, between 1933 and 1942, the CCC The development of a coordinated, ef- working group actually work. provided employment and vocational train- fective, and sustained plan for U.S. bi- The Global CARE Act includes a ing for more than 3,000,000 men, including lateral aid in relation to multilateral number of other provisions. Some have unemployed youths, more than 250,000 vet- aid and other nation’s bilateral aid is been discussed on the Hill, others have erans of the Spanish American War and paramount. The U.S. has the oppor- not. It authorizes a Global Physician World War I, and more than 80,000 Native tunity to provide the requisite leader- Corps to utilize the human capital we Americans in conservation and natural re- ship in this global effort though oper- have in our working and retired physi- sources development work, defense work on ating strategically, and in an account- cians by providing a mechanism for military reservations, and forest protection; Whereas the CCC coordinated a mobiliza- able and transparent manner. them to serve overseas where their ex- tion of men, material, and transportation on To provide an incentive for such co- pertise is so needed. a scale never previously known in time of ordination, the bill establishes an The bill authorizes a small amount peace; interagency working group charged for USAID to work on development and Whereas the CCC managed more than 4,500 with ensuring that global HIV/AIDS ac- implementing initiatives to improve camps in every State and the then-terri- tivities are conducted in a coordinated, injection safety. According to the tories of Hawaii, Alaska, Puerto Rico, and strategic fashion. Members of this World Health Organization (WHO), the Virgin Islands; working group include agencies within each year the overuse of injections and Whereas the CCC left a legacy of natural the Department of State, specifically unsafe injections combine to cause an resources and infrastructure improvements that included planting more than USAID; agencies within the Depart- estimated 8 to 16 million hepatitis B 3,000,000,000 trees, building 46,854 bridges, re- ment of Health and Human Services, virus infections, 2.3 million to 4.7 mil- storing 3,980 historical structures, devel- including the Centers for Disease Con- lion hepatitis C infections and 80,000 to oping more than 800 state parks, improving trol and Prevention, the Health Re- 160,000 HIV infections. Together, these 3,462 beaches, creating 405,037 signs, markers,

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.094 pfrm02 PsN: S12PT1 S666 CONGRESSIONAL RECORD — SENATE February 12, 2002 and monuments, and building 63,256 struc- 50 States whose lives were often dra- SA 2849. Mr. LUGAR (for Mr. GRAMM) pro- tures and 8,045 wells and pump houses; matically changed for the better by posed an amendment to amendment SA 2471 Whereas the benefits of many CCC projects their enrollment years ago. Many trav- submitted by Mr. DASCHLE and intended to are still enjoyed by Americans today in na- eled for the first time, learned new be proposed to the bill (S. 1731) supra. tional and state parks, forests, and other SA 2850. Mr. LUGAR (for Mr. KYL (for him- lands, including the National Arboretum in trades and developed self-confidence, self, Mr. NICKLES, and Mr. HUTCHINSON)) pro- Washington, DC, Bandelier National Monu- while sending much-needed money posed an amendment to amendment SA 2471 ment in New Mexico, Great Smoky Moun- home to their families during the De- submitted by Mr. DASCHLE and intended to tains National Park in North Carolina and pression. be proposed to the bill (S. 1731) supra. Tennessee, Yosemite National Park in Cali- This resolution would pay tribute to SA 2851. Mr. LUGAR (for Mr. DOMENICI) fornia, Acadia National Park in Maine, the lasting contribution of the CCC to proposed an amendment to amendment SA Rocky Mountain National Park in Colorado, natural resources conservation and in- 2471 submitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) supra. and Vicksburg National Military Park in frastructure improvements and to its Mississippi; SA 2852. Mr. HARKIN (for Mr. KERRY (for outstanding success in providing em- himself and Ms. SNOWE)) proposed an amend- Whereas the CCC provided a foundation of ployment and training to millions of ment to amendment SA 2471 submitted by self-confidence, responsibility, discipline, co- Mr. DASCHLE and intended to be proposed to operation, communication, and leadership Americans. f the bill (S. 1731) supra. for its participants through education, train- SA 2853. Mr. HARKIN proposed an amend- ing, and hard work, and participants made SENATE CONCURRENT RESOLU- ment to amendment SA 2471 submitted by many lasting friendships in the CCC; Mr. DASCHLE and intended to be proposed to Whereas the CCC demonstrated the com- TION 96—COMMENDING PRESI- DENT PERVEZ MUSHARRAF OF the bill (S. 1731) supra. mitment of the United States to the con- SA 2854. Mr. LUGAR (for Mr. MCCONNELL) servation of land, water, and natural re- PAKISTAN FOR HIS LEADERSHIP proposed an amendment to amendment SA sources on a national level and to leadership AND FRIENDSHIP AND WEL- 2471 submitted by Mr. DASCHLE and intended in the world on public conservation efforts; COMING HIM TO THE UNITED to be proposed to the bill (S. 1731) supra. and STATES SA 2855. Mr. LUGAR (for Mr. KYL) pro- Whereas the conservation of the Nation’s Mr. BROWNBACK (for himself and posed an amendment to amendment SA 2471 land, water, and natural resources is still an submitted by Mr. DASCHLE and intended to important goal of the American people: Now, Mr. WELLSTONE) submitted the fol- be proposed to the bill (S. 1731) supra. therefore, be it lowing concurrent resolution; which SA 2856. Mr. HARKIN proposed an amend- Resolved, That the Senate— was considered and agreed to. ment to amendment SA 2845 submitted by (1) designates both March 31, 2002, and S. CON. RES. 96 Mr. MCCONNELL and intended to be proposed March 31, 2003, as ‘‘National Civilian Con- Whereas President Pervez Musharraf of to the amendment SA 2471 proposed by Mr. servation Corps Day’’; and Pakistan has shown courageous leadership in DASCHLE to the bill (S. 1731) supra. (2) requests that the President issue a SA 2857. Mr. REID (for Mr. CONRAD) pro- cooperating with the United States in the proclamation calling on the people of the posed an amendment to amendment SA 2471 campaign in Afghanistan; United States to observe the day with appro- submitted by Mr. DASCHLE and intended to Whereas President Musharraf has shown priate ceremonies and activities. be proposed to the bill (S. 1731) supra. great fortitude in confronting domestic ex- Mr. BINGAMAN. Mr. President, I am tremists; f pleased to submit a resolution today Whereas the efforts of President Musharraf TEXT OF AMENDMENTS with Senators LUGAR, CARNAHAN, BOND, in promoting moderation are both in the na- Mr. MCCONNELL proposed TORRICELLI and DEWINE, designating tional interest of Pakistan and of great im- SA 2845. March 31, 2002 and March 31, 2003 as portance to Pakistani-American relations; an amendment to amendment SA 2471 submitted by Mr. DASCHLE ‘‘National Civilian Conservation Corps Whereas the war against terrorism under- and in- scores the importance of strengthening the tended to be proposed to the bill (S. Day.’’ March 31, 2002 is the 69th anni- historic bilateral relationship between the 1731) to strengthen the safety net for versary and March 31, 2003 is the 70th United States and Pakistan; agricultural producers, to enhance re- anniversary of the signing by President Whereas President Musharraf has worked source conservation and rural develop- Roosevelt of the Emergency Conserva- to improve the political representation of ment, to provide for farm credit, agri- tion Work Act, the precursor to the Ci- minorities in Pakistan; and cultural research, nutrition, and re- vilian Conservation Corps Act. Whereas the Pakistani-American commu- The Civilian Conservation Corps, nity in the United States makes important lated programs, to ensure consumers commonly known as the CCC, was a contributions to the United States and plays abundant food and fiber, and for other Depression-era public works program a vital role in developing a closer relation- purposes; as follows: ship between the peoples of the United started by President Franklin D. Roo- On page 128, after line 8, add the following: States and Pakistan: Now, therefore, be it SEC. 1ll. REDUCTION OF COMMODITY BENE- sevelt. The CCC put over 3 million Resolved by the Senate (the House of Rep- FITS TO IMPROVE NUTRITION AS- young men to work on natural re- resentatives concurring), That Congress com- SISTANCE. sources conservation and public lands mends President Pervez Musharraf of Paki- (a) INCOME PROTECTION PRICES FOR infrastructure improvements. Many of stan for his leadership and friendship and COUNTER-CYCLICAL PAYMENTS.—Section the physical accomplishments of the welcomes him to the United States. 114(c) of the Federal Agriculture Improve- CCC are still visible, but even more im- f ment and Reform Act of 1996 (as amended by portantly, the CCC also provided its section 111) is amended by striking para- AMENDMENTS SUBMITTED AND graph (2) and inserting the following: participants with education, lasting PROPOSED ‘‘(2) INCOME PROTECTION PRICES.—The in- friendships, a cooperative spirit, and a SA 2845. Mr. MCCONNELL proposed an come protection prices for contract commod- foundation of self-confidence and dis- amendment to amendment SA 2471 sub- ities under paragraph (1)(A) are as follows: cipline. mitted by Mr. DASCHLE and intended to be ‘‘(A) Wheat, $3.4460 per bushel. Americans still enjoy the benefits of proposed to the bill (S. 1731) to strengthen ‘‘(B) Corn, $2.3472 per bushel. the work done by the CCC in the 1930s the safety net for agricultural producers, to ‘‘(C) Grain sorghum, $2.3472 per bushel. and 1940s at national and state parks enhance resource conservation and rural de- ‘‘(D) Barley, $2.1973 per bushel. across the U.S. CCC participants plant- velopment, to provide for farm credit, agri- ‘‘(E) Oats, $1.5480 per bushel. cultural research, nutrition, and related pro- ‘‘(F) Upland cotton, $0.6793 per pound. ed more than 3 billion trees, developed ‘‘(G) Rice, $9.2914 per hundredweight. more than 800 state parks, improved grams, to ensure consumers abundant food and fiber, and for other purposes. ‘‘(H) Soybeans, $5.7431 per bushel. more than 3,000 beaches and are respon- SA 2846. Mr. ENZI proposed an amendment ‘‘(I) Oilseeds (other than soybeans), $0.1049 sible for countless monuments, signs, to amendment SA 2471 submitted by Mr. per pound.’’. wells, and other improvements. CCC DASCHLE and intended to be proposed to the (b) LOAN RATES FOR MARKETING ASSIST- camps were located in every State, in- bill (S. 1731) supra. ANCE LOANS.— cluding the then-territories of Hawaii SA 2847. Mr. WELLSTONE proposed an (1) IN GENERAL.—Section 132 of the Federal and Alaska. amendment to amendment SA 2471 sub- Agriculture Improvement and Reform Act of 1996 (as amended by section 123(a)) is amend- CCC alumni across the country still mitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) supra. ed to read as follows: share the bonds of friendship and hard SA 2848. Mr. LUGAR (for Mr. GRAMM) pro- ‘‘SEC. 132. LOAN RATES. work. The National Association of Ci- posed an amendment to amendment SA 2471 ‘‘The loan rate for a marketing assistance vilian Conservation Corps Alumni has submitted by Mr. DASCHLE and intended to loan under section 131 for a loan commodity thousands of active members from all be proposed to the bill (S. 1731) supra. shall be—

VerDate 11-MAY-2000 05:55 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.081 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S667 ‘‘(1) in the case of wheat, $2.9960 per bushel; ‘‘(iv) 10 percent for each fiscal year there- soil, water, or related resources by reason of ‘‘(2) in the case of corn, $2.0772 per bushel; after. the soil types, terrain, climatic, soil, topo- ‘‘(3) in the case of grain sorghum, $2.0772 ‘‘(E) MINIMUM DEDUCTION.—The minimum graphic, flood, or saline characteristics, or per bushel; deduction shall be $134, $229, $189, $269, and other factors or natural hazards. ‘‘(4) in the case of barley, $1.9973 per bush- $118 for the 48 contiguous States and the Dis- (4) INNOVATIVE TECHNOLOGY.—The term el; trict of Columbia, Alaska, Hawaii, Guam, ‘‘innovative technology’’ means a new con- ‘‘(5) in the case of oats, $1.4980 per bushel; and the Virgin Islands of the United States, servation technology that, as determined by ‘‘(6) in the case of upland cotton, $0.5493 per respectively.’’. the Secretary— pound; (3) EFFECTIVENESS OF CERTAIN PROVI- (A) maximizes environmental benefits; ‘‘(7) in the case of extra long staple cotton, SIONS.—Sections 413 and 165(c)(1) shall have (B) complements agricultural production; $0.7965 per pound; no effect. and ‘‘(8) in the case of rice, $6.4914 per hundred- (C) may be adopted in a practical manner. weight; SA 2846. Mr. ENZI proposed an ‘‘(9) in the case of soybeans, $5.1931 per amendment to amendment SA 2471 sub- (5) LAND MANAGEMENT PRACTICE.—The term ‘‘land management practice’’ means a site- bushel; mitted by Mr. DASCHLE and intended to ‘‘(10) in the case of oilseeds (other than specific nutrient or manure management, in- be proposed to the bill (S. 1731) to tegrated pest management, irrigation man- soybeans), $0.0949 per pound; strengthen the safety net for agricul- ‘‘(11) in the case of graded wool, $1.00 per agement, tillage or residue management, pound; tural producers, to enhance resource grazing management, air quality manage- ‘‘(12) in the case of nongraded wool, $.40 per conservation and rural development, to ment, or other land management practice pound; provide for farm credit, agricultural re- carried out on eligible land that the Sec- ‘‘(13) in the case of mohair, $2.00 per pound; search, nutrition, and related pro- retary determines is needed to protect from ‘‘(14) in the case of honey, $.60 per pound; grams, to ensure consumers abundant degradation, in the most cost-effective man- ner, water, soil, or related resource. ‘‘(15) in the case of dry peas, $6.78 per hun- food and fiber, and for other purposes; (6) LIVESTOCK.—The term ‘‘livestock’’ dredweight; as follows: ‘‘(16) in the case of lentils, $12.79 per hun- means dairy cattle, beef cattle, laying hens, dredweight; On page 337, strike line 11 and insert the broilers, turkeys, swine, sheep, and other ‘‘(17) in the case of large chickpeas, $17.44 following: such animals as are determined by the Sec- per hundredweight; and SEC. 309. PILOT EMERGENCY RELIEF PROGRAM retary. ‘‘(18) in the case of small chickpeas, $8.10 TO PROVIDE LIVE LAMB TO AFGHAN- (7) MANAGED GRAZING.—The term ‘‘man- per hundredweight.’’. ISTAN. aged grazing’’ means the application of 1 or Title II of the Agricultural Trade Develop- (2) ADJUSTMENT OF LOANS.— more practices that involve the frequent ro- ment and Assistance Act of 1954 (7 U.S.C. 1721 (A) IN GENERAL.—The amendment made by tation of animals on grazing land to— et seq.) is amended by adding at the end the section 123(b) is repealed. (A) enhance plant health; following: (B) APPLICABILITY.—Section 162 of the Fed- (B) limit soil erosion; ‘‘SEC. 209. PILOT EMERGENCY RELIEF PROGRAM eral Agriculture Improvement and Reform (C) protect ground and surface water qual- Act of 1996 (7 U.S.C. 7282) shall be applied and TO PROVIDE LIVE LAMB TO AFGHAN- ISTAN. ity; or administered as if the amendment made by (D) benefit wildlife. section 123(b) had not been enacted. ‘‘(a) IN GENERAL.—The President may es- tablish a pilot emergency relief program (8) MAXIMIZE ENVIRONMENTAL BENEFITS PER (c) FOOD STAMP PROGRAM.— under this title to provide live lamb to Af- DOLLAR EXPENDED.— (1) SIMPLIFIED RESOURCE ELIGIBILITY ghanistan on behalf of the people of the (A) IN GENERAL.—The term ‘‘maximize en- LIMIT.—Section 5(g)(1) of the Food Stamp United States. vironmental benefits per dollar expended’’ Act of 1977 (7 U.S.C. 2014(g)(1)) is amended by ‘‘(b) REPORT.—Not later than January 1, means to maximize environmental benefits striking ‘‘a member who is 60 years of age or 2004, the Secretary shall submit to Congress to the extent the Secretary determines is older’’ and inserting ‘‘an elderly or disabled a report that— practicable and appropriate, taking into ac- member’’. ‘‘(1)(A) evaluates the success of the pro- count the amount of funding made available (2) INCREASE IN BENEFITS TO HOUSEHOLDS gram under subsection (a); or to carry out this chapter. WITH CHILDREN.—Section 5(e) of the Food ‘‘(B) if the program has not succeeded or (B) LIMITATION.—The term ’’maximize en- Stamp Act of 1977 (7 U.S.C. 2014(e)) is amend- has not been implemented, explains in detail ed by striking paragraph (1) and inserting vironmental benefits per dollar expended’’ why the program has not succeeded or has does not require the Secretary— the following: not been implemented; and ‘‘(1) STANDARD DEDUCTION.— (i) to require the adoption of the least cost ‘‘(2) discusses the feasibility and desir- practice or technical assistance; or ‘‘(A) IN GENERAL.—Subject to the other ability of providing assistance in the form of (ii) to require the development of a plan provisions of this paragraph, the Secretary live animals.’’. shall allow a standard deduction for each under section 1240E as part of an application for payments or technical assistance. household that is— SA 2847. Mr. WELLSTONE proposed ‘‘(i) equal to the applicable percentage an amendment to amendment SA 2471 (9) PRACTICE.—The term ‘‘practice’’ means specified in subparagraph (D) of the income 1 or more structural practices, land manage- standard of eligibility established under sub- submitted by Mr. DASCHLE and in- ment practices, and comprehensive nutrient section (c)(1); but tended to be proposed to the bill (S. management planning practices. ‘‘(ii) not less than the minimum deduction 1731) to strengthen the safety net for (10) PRODUCER.— specified in subparagraph (E). agricultural producers, to enhance re- (A) IN GENERAL.—The term ‘‘producer’’ ‘‘(B) GUAM.—The Secretary shall allow a source conservation and rural develop- means an owner, operator, landlord, tenant, standard deduction for each household in ment, to provide for farm credit, agri- or sharecropper that— Guam that is— cultural research, nutrition, and re- (i) shares in the risk of producing any crop ‘‘(i) equal to the applicable percentage lated programs, to ensure consumers or livestock; and specified in subparagraph (D) of twice the in- (ii) is entitled to share in the crop or live- come standard of eligibility established abundant food and fiber, and for other stock available for marketing from a farm under subsection (c)(1) for the 48 contiguous purposes; as follows: (or would have shared had the crop or live- States and the District of Columbia; but Beginning on page 217, strike line 12 and stock been produced). ‘‘(ii) not less than the minimum deduction all that follows through page 235, line 6 and for Guam specified in subparagraph (E). insert the following: (B) HYBRID SEED GROWERS.—In determining whether a grower of hybrid seed is producer, ‘‘(C) HOUSEHOLDS OF 6 OR MORE MEMBERS.— (iii) REQUIREMENT.—A comprehensive nu- The income standard of eligibility estab- trient management plan shall meet all Fed- the Secretary shall not take into consider- lished under subsection (c)(1) for a household eral, State, and local water quality and pub- ation the existence of hybrid seed contract. of 6 members shall be used to calculate the lic health goals and regulations, and in the (11) PROGRAM.—The term ‘‘program’’ standard deduction for each household of 6 or case of a large confined livestock operation means the environmental quality incentives more members. (as defined by the Secretary), shall include program comprised of sections 1240 through ‘‘(D) APPLICABLE PERCENTAGE.—For the all necessary and essential land treatment 1240J. purpose of subparagraph (A), the applicable practices and determined by the Secretary. (12) STRUCTURAL PRACTICE.—The term percentage shall be— (3) ELIGIBLE LAND.—The term ‘‘eligible ‘‘structural practice’’ means— ‘‘(i) 8 percent for each of fiscal years 2002 land’’ means agriculture land (including (A) the establishment on eligible land of a through 2004; cropland, grassland, rangeland, pasture, pri- site-specific animal waste management facil- ‘‘(ii) 8.5 percent for each of fiscal years 2005 vate nonindustrial forest land and other land ity, terrace, grassed waterway, contour grass through 2007; on which crops or livestock are produced), strip, filterstrip, tailwater pit, permanent ‘‘(iii) 9 percent for each of fiscal years 2008 including agricultural land that the Sec- wildlife habitat, constructed wetland, or through 2010; and retary determines poses a serious threat to other structural practice that the Secretary

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.087 pfrm02 PsN: S12PT1 S668 CONGRESSIONAL RECORD — SENATE February 12, 2002 determines is needed to protect, in the most (ii) the priorities established under the obtaining technical assistance for developing cost effective manner, water, soil, or related program, and other factors, that maximize any component of a comprehensive nutrient resources from degradation; and environmental benefits per dollar expended. management plan from a certified provider. (B) the capping of abandoned wells on eli- (3) CONSENT OF OWNER.—If the producer (C) PAYMENT.—The incentive payment gible land. making an offer to implement a structural shall be— SEC. 1240B. ESTABLISHMENT AND ADMINISTRA- practice is a tenant of the land involved in (i) in addition to cost-share or incentive TION OF ENVIRONMENTAL QUALITY agricultural production, for the offer to be payments that a producer would otherwise INCENTIVES PROGRAM. acceptable, the producer shall obtain the receive for structural practices and land (a) ESTABLISHMENT.— consent of the owner of the land with respect management practices; (1) IN GENERAL.—During each of the 2002 to the offer. (ii) used only to procure technical assist- through 2006 fiscal years, the Secretary shall (4) BIDDING DOWN.—If the Secretary deter- ance from a certified provider that is nec- provide technical assistance, cost-share pay- mines that the environmental values of 2 or essary to develop any component of a com- ments, and incentive payments to producers more applications for technical assistance, prehensive nutrient management plan; and that enter into contracts with the Secretary cost-share payments, or incentive payments (iii) in an amount determined appropriate under the program. are comparable, the Secretary shall not as- by the Secretary, taking into account— (2) ELIGIBLE PRACTICES.— sign a higher priority to the application only (I) the extent and complexity of the tech- (A) STRUCTURAL PRACTICES.—A producer because it would present the least cost to the nical assistance provided; that implements a structural practice shall program established under the program. (II) the costs that the Secretary would be eligible for any combination of technical (d) COST-SHARE PAYMENTS.— have incurred in providing the technical as- assistance, cost-share payments, and edu- (1) IN GENERAL.—Except as provided in sistance; and cation. paragraph (2), the cost-share payments pro- (III) the costs incurred by the private pro- (B) LANDS MANAGEMENT PRACTICES.—A pro- vided to a producer proposing to implement vider in providing the technical assistance. ducer that performs a land management 1 or more practices under the program shall (D) ELIGIBLE PRACTICES.—The Secretary practice shall be eligible for any combina- be not more than 75 percent of the cost of the may determine, on a case by case basis, tion of technical assistance, incentive pay- practice, as determined by the Secretary. whether the development of a comprehensive ments, and education. (2) EXCEPTIONS.— nutrient management plan is eligible for an (C) COMPREHENSIVE NUTRIENT MANAGEMENT (A) LIMITED RESOURCE AND BEGINNING FARM- incentive payment under this paragraph. PLANNING.—A producer that develops a com- ERS.—The Secretary may increase the (E) CERTIFICATION BY SECRETARY.— prehensive nutrient management plan shall amount provided to a producer under para- (i) IN GENERAL.—Only persons that have be eligible for any combination of technical graph (1) to not more than 90 percent if the been certified by the Secretary under section assistance, incentive payments, and edu- producer is a limited resource or beginning 1244(f)(3) shall be eligible to provide tech- cation. farmer or rancher, as determined by the Sec- nical assistance under this subsection. (3) EDUCATION.—The Secretary may provide retary. (ii) QUALITY ASSURANCE.—The Secretary conservation education at national, State, (B) COST-SHARE ASSISTANCE FROM OTHER shall ensure that certified providers are ca- and local levels consistent with the purposes SOURCES.—Except as provided in paragraph pable of providing technical assistance re- of the program to— (3), any cost-share payments received by a garding comprehensive nutrient manage- (A) any producer that is eligible for assist- producer from a State or private organiza- ment in a manner that meets the specifica- ance under the program; or tions and guidelines of the Secretary and (B) any producer that is engaged in the tion or person for the implementation of 1 or that meets the needs of producers under the production of an agricultural commodity. more practices on eligible land of the pro- program. (b) APPLICATION AND TERM.—With respect ducer shall be in addition to the payments (F) ADVANCE PAYMENT.—On the determina- to practices implemented under this provided to the producer under paragraph (1). tion of the Secretary that the proposed com- program— (3) OTHER PAYMENTS.—A producer shall not prehensive nutrient management of a pro- (1) a contract between a producer and the be eligible for cost-share payments for prac- ducer is eligible for an incentive payment, Secretary may— tices on eligible land under the program if (A) apply to 1 or more structural practices, the producer receives cost-share payments or the producer may receive a partial advance land management practices, and comprehen- other benefits for the same practice on the of the incentive payment in order to procure sive nutrient management planning prac- same land under chapter 1 and the program. the services of a certified provider. tices; and (e) INCENTIVE PAYMENTS.—The Secretary (G) FINAL PAYMENT.—The final installment (B) have a term of not less than 3, or more shall make incentive payments in an amount of the incentive payment shall be payable to than 10 years, as determined appropriate by and at a rate determined by the Secretary to a producer on presentation to the Secretary the Secretary, depending on the practice or be necessary to encourage a producer to per- of documentation that is satisfactory to the practices that are the basis of the contract; form 1 or more practices. Secretary and that demonstrates— (2) a producer may not enter into more (f) TECHNICAL ASSISTANCE.— (i) completion of the technical assistance; than 1 contract for structural practices in- (1) IN GENERAL.—The Secretary shall allo- and volving livestock nutrient management dur- cate funding under the program for the pro- (ii) the actual cost of the technical assist- ing the period of fiscal years 2002 through vision of technical assistance according to ance. 2006; and the purpose and projected cost for which the (g) MODIFICATION OR TERMINATION OF CON- (3) a producer that has an interest in more technical assistance is provided for a fiscal TRACTS.— than 1 large confined livestock operation, as year. (1) VOLUNTARY MODIFICATION OR TERMI- defined by the Secretary, may not enter into (2) AMOUNT.—The allocated amount may NATION.—The Secretary may modify or ter- more than 1 contract for cost-share pay- vary according to— minate a contract entered into with a pro- ments for a storage or treatment facility, or (A) the type of expertise required; ducer under this chapter if— associated waste transport or transfer de- (B) the quantity of time involved; and (A) the producer agrees to the modification vice, to manage manure, process wastewater, (C) other factors as determined appropriate or termination; and or other animal waste generated by the large by the Secretary. (B) the Secretary determines that the confined livestock feeding operation. (3) LIMITATION.—Funding for technical as- modification or termination is in the public (c) APPLICATION AND EVALUATION.— sistance under the program shall not exceed interest. (1) IN GENERAL.—The Secretary shall estab- the projected cost to the Secretary of the (2) INVOLUNTARY TERMINATION.—The Sec- lish an application and evaluation process technical assistance provided for a fiscal retary may terminate a contract under this for awarding technical assistance, cost share year. chapter if the Secretary determines that the payments and incentive payments to a pro- (4) OTHER AUTHORITIES.—The receipt of producer violated the contract. ducer in exchange for the performance of 1 or technical assistance under the program shall SEC. 1240C. EVALUATION OF OFFERS AND PAY- more practices that maximize environmental not affect the eligibility of the producer to MENTS. benefits per dollar expended. receive technical assistance under other au- (a) IN GENERAL.—In evaluating applica- (2) COMPARABLE ENVIRONMENTAL VALUE.— thorities of law available to the Secretary. tions for technical assistance, cost-share (A) IN GENERAL.—The Secretary shall es- (5) INCENTIVE PAYMENTS FOR TECHNICAL AS- payments, and incentive payments, the Sec- tablish a process for selecting applications SISTANCE.— retary shall accord a higher priority to as- for technical assistance, cost share pay- (A) IN GENERAL.—A producer that is eligi- sistance and payments that— ments, and incentive payments in any case ble to receive technical assistance for a prac- (1) maximize environmental benefits per in which there are numerous applications for tice involving the development of a com- dollar expended; and assistance for practices that would provide prehensive nutrient management plan may (2)(A) address national conservation prior- substantially the same level of environ- obtain an incentive payment that can be ities, including— mental benefits. used to obtain technical assistance associ- (i) meeting Federal, State, and local envi- (B) CRITERIA.—The process under subpara- ated with the development of any component ronmental purposes focused on protecting air graph (A) shall be based on— of the comprehensive nutrient management and water quality, including assistance to (i) a reasonable estimate of the projected plan. production systems and practices that avoid cost of the proposals described in the appli- (B) PURPOSE.—The purpose of the payment subjecting an operation to Federal, State, or cations; and shall be to provide a producer the option of local environmental regulatory systems;

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.085 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S669 (ii) applications from livestock producers management plan, and in the case of con- SA 2471 submitted by Mr. DASCHLE and using managed grazing systems and other fined livestock feeding operations, develop- intended to be proposed to the bill (S. pasture and forage based systems; ment and implementation of a comprehen- 1731) to strengthen the safety net for (iii) comprehensive nutrient management; sive nutrient management plan. agricultural producers, to enhance re- (iv) water quality, particularly in impaired (b) AVOIDANCE OF DUPLICATION.—The Sec- watersheds; retary shall, to the maximum extent prac- source conservation and rural develop- (v) soil erosion; ticable, eliminate duplication of planning ac- ment, to provide for farm credit, agri- (vi) air quality; or tivities under the program and comparable cultural research, nutrition, and re- (vii) pesticide and herbicide management conservation programs. lated programs, to ensure consumers or reduction; SEC. 1240F. DUTIES OF THE SECRETARY. abundant food and fiber, and for other (B) are provided in conservation priority (a) To the extent appropriate, the Sec- purposes; as follows; areas established under section 1230(c); retary shall assist a producer in achieving At the appropriate place insert the fol- (C) are provided in special projects under the conservation and environmental goals of lowing: section 1243(f)(4) with respect to which State a program plan by— Section 1205 of the Hass Avocado Pro- or local governments have provided, or will (1) providing technical assistance in devel- motion, Research, and Information Act (con- provide, financial or technical assistance to oping and implementing the plan; tained in H.R. 5426 of the 106th Congress, as producers for the same conservation or envi- (2) providing technical assistance, cost- introduced on October 6, 2000 and as enacted ronmental purposes; or share payments, or incentive payments for by Public Law 106–387) is amended— (D) an innovative technology in connection developing and implementing 1 or more prac- (1) in paragraph (b)(2) by striking subpara- with a structural practice or land manage- tices, as appropriate; graph (A) and inserting in lieu thereof: ment practice. (3) providing the producer with informa- ‘‘(A) IN GENERAL.—The order shall provide SEC. 1240D. DUTIES OF PRODUCERS. tion, education, and training to aid in imple- that the Secretary shall appoint the mem- (a) To receive technical assistance, cost- mentation of the plan; and bers of the Board, and any alternates, from share payments, or incentive payments (4) encouraging the producer to obtain among domestic producers and importers of under the program, a producer shall agree— technical assistance, cost-share payments, or Hass avocados subject to assessments under (1) to implement an environmental quality grants from other Federal, State, local, or the order to reflect the proportion of domes- incentives program plan that describes con- private sources. tic production and imports supplying the servation and environmental purposes to be SEC. 1240G. LIMITATION ON PAYMENTS. United States market, which shall be based achieved through 1 or more practices that (a) IN GENERAL.—Subject to subsection (b), on the Secretary’s determination of the av- are approved by the Secretary; the total amount of cost-share and incentive erage volume of domestic production of Hass (2) not to conduct any practices on the payments paid to a producer under this chap- avocados proportionate to the average vol- farm or ranch that would tend to defeat the ter shall not exceed— ume of imports of Hass avocados in the purposes of the program; (1) $30,000 for any fiscal year, regardless of United States over the previous three years. (3) on the violation of a term or condition whether the producer has more than 1 con- (2) in paragraph (b)(2)(B) by striking of the contract at any time the producer has tract under this chapter for the fiscal year; ‘‘under subparagraph (A)(iii) on the basis of control of the land— (2) $90,000 for a contract with a term of 3 the amount of assessments collected from (A) if the Secretary determines that the years; producers and importers over the imme- violation warrants termination of the (3) $120,000 for a contract with a term of 4 diately preceding three-year period’’ and in- contract— years; or serting ‘‘under subparagraph (A)’’. (i) to forfeit all rights to receive payments (4) $150,000 for a contract with a term of (3) in paragraph (h)(1)(C)(iii) by striking under the contract; and more than 4 years. everything in the first sentence following ‘‘by the importer’’ and inserting in lieu (ii) to refund to the Secretary all or a por- (b) ATTRIBUTION.—An individual or entity tion of the payments received by the owner shall not receive, directly or indirectly, total thereof ‘‘to the respective importers associa- or operator under the contract, including payments from a single or multiple con- tion, or if there is no such association to the any interest on the payments, as determined tracts this chapter that exceed $30,000 for Board, within such time period after the re- by the Secretary; or any fiscal year. tail sale of such avocados in the United (B) if the Secretary determines that the (c) EXCEPTION TO ANNUAL LIMIT.—The Sec- States (not to exceed 60 days after the end of violation does not warrant termination of retary may exceed the limitation on the an- the month in which the sale took place) as is the contract, to refund to the Secretary, or nual amount of a payment to a producer specified for domestically produced avoca- accept adjustments to, the payments pro- under subsection (a)(1) if the Secretary de- dos.’’; and (4) in paragraph (9) by inserting at the end vided to the owner or operator, as the Sec- termines that a larger payment is— retary determines to be appropriate; (1) essential to accomplish the land man- the following: ‘‘(D) All importers of avocados from a (4) on the transfer of the right and interest agement practice or structural practice for country associated with an importers asso- of the producer in land subject to the con- which the payment is made to the producer; ciation based on country-of-origin activities tract, unless the transferee of the right and and shall be required to be members of such im- interest agrees with the Secretary to assume (2) consistent with the maximization of en- porters association, and membership in such all obligations of the contract, to refund all vironmental benefits per dollar expended and importers association shall be open to any cost-share payments and incentive payments the purposes of this chapter. foreign avocado exporter or grower who received under the program, as determined (d) VERIFICATION.—The Secretary shall elects to voluntarily join.’’ by the Secretary; identify individuals and entities that are eli- (5) to supply information as required by gible for a payment under the program using SA 2850. Mr. LUGAR (for Mr. KYL the Secretary to determine compliance with social security numbers and taxpayer identi- (for himself, Mr. NICKLES, AND MR. the program plan and requirements of the fication numbers, respectively. program; HUTCHINSON)) proposed an amendment to amendment SA 2471 submitted by (6) to comply with such additional provi- SA 2848. Mr. LUGAR (for Mr. GRAMM) Mr. DASCHLE and intended to be pro- sions as the Secretary determines are nec- proposed an amendment to amendment essary to carry out the program plan; and posed to the bill (S. 1731) to strengthen SA 2471 submitted by Mr. DASCHLE and (7) to submit a list of all confined livestock the safety net for agricultural pro- intended to be proposed to the bill (S. feeding operations wholly or partially owned ducers, to enhance resource conserva- 1731) to strengthen the safety net for or operated by the applicant. tion and rural development, to provide agricultural producers, to enhance re- SEC. 1240E. ENVIRONMENTAL QUALITY INCEN- for farm credit, agricultural research, TIVES PROGRAM PLAN. source conservation and rural develop- nutrition, and related programs, to en- (A) IN GENERAL.—To be eligible to receive ment, to provide for farm credit, agri- sure consumers abundant food and technical assistance, cost-share payments, or cultural research, nutrition, and re- fiber, and for other purposes; as fol- incentive payments under the program, a lated programs, to ensure consumers lows; producer of a livestock or agricultural oper- abundant food and fiber, and for other ation shall submit to the Secretary for ap- purposes; as follows: At the appropriate place insert the fol- proval a plan of operations that specifies lowing: practices covered under the program, and is At the appropriate place insert the fol- SEC. . SENSE OF THE SENATE ON PERMANENT based on such terms and conditions, as the lowing: REPEAL OF ESTATE TAXES. Secretary considers necessary to carry out (1) Title XII of H.R. 5426 of the 106th Con- (a) FINDINGS.— the program, including a description of the gress, as introduced on October 6, 2000 and as (1) The Economic Growth and Tax Relief practices to be implemented and the pur- enacted by Public Law 106–387 is hereby re- Reconciliation Act of 2001 provided substan- poses to be met by the implementation of pealed. tial relief from federal estate and gift taxes the plan, and in the case of confined live- beginning this year and repealed the federal stock feeding operations, development and SA 2849. Mr. LUGAR (for Mr. GRAMM) estate tax for one year beginning on January implementation of a comprehensive nutrient proposed an amendment to amendment 1, 2010, and

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.085 pfrm02 PsN: S12PT1 S670 CONGRESSIONAL RECORD — SENATE February 12, 2002 (2) The Economic Growth and Tax Relief retary in such manner as is prescribed by the provide for farm credit, agricultural re- Reconciliation Act of 2001 contains a ‘‘sun- Secretary. search, nutrition, and related pro- set’’ provision that reinstates the federal es- ‘‘(f) TIMING OF PAYMENTS.—Payments grams, to ensure consumers abundant under this section shall be made on an an- tate tax at its 2001 level beginning on Janu- food and fiber, and for other purposes; ary 1, 2011; nual basis. (b) SENSE OF THE SENATE.—Therefore, it is ‘‘(g) ADJUSTMENTS.—The Secretary may as follows: the Sense of the Senate that the repeal of provide for the adjustment of eligible pro- At the appropriate place, add the fol- the estate tax should be made permanent by duction of a dairy farm under this section if lowing: eliminating the sunset provision’s applica- the production of milk on the dairy farm has Amend Section 602 by adding after the bility to the estate tax. been adversely affected by (as determined by word ‘‘concern’’ at the end of subsection the Secretary)— 384I(c)(3)(C) the words ‘‘and not more than 10 SA 2851. Mr. LUGAR (for Mr. DOMEN- ‘‘(1) damaging weather or a related condi- percent of the investments shall be made in ICI) proposed an amendment to amend- tion; an area containing a city of over 100,000 in ment SA 2471 submitted by Mr. ‘‘(2) a criminal act of a person other than the last decennial Census and the Census Bu- reau defined urbanized area containing or ad- DASCHLE and intended to be proposed the producers on the dairy farm; or jacent to that city’’. to the bill (S. 1731) to strengthen the ‘‘(3) any other act or event beyond the con- safety net for agricultural producers, trol of the producers on the dairy farm. ‘‘(h) FUNDING.—The Secretary shall use not SA 2854. Mr. LUGAR (for Mr. MCCON- to enhance resource conservation and more than $2,000,000,000 of funds of the Com- NELL) proposed an amendment to rural development, to provide for farm modity Credit Corporation to carry out this amendment SA 2471 submitted by Mr. credit, agricultural research, nutrition, section.’’. DASCHLE and intended to be proposed and related programs, to ensure con- to the bill (S. 1731) to strengthen the sumers abundant food and fiber, and SA 2852. Mr. HARKIN (for Mr. KERRY safety net for agricultural producers, for other purposes; as follows: (for himself and Ms. SNOWE)) proposed to enhance resource conservation and Strike section 132 and insert the following: an amendment to amendment SA 2471 rural development, to provide for farm SEC. 132. NATIONAL DAIRY PROGRAM. submitted by Mr. DASCHLE and in- credit, agricultural research, nutrition, The Federal Agriculture Improvement and tended to be proposed to the bill (S. and related programs, to ensure con- Reform Act of 1996 (as amended by section 1731) to strengthen the safety net for sumers abundant food and fiber, and 772(b) of Public Law 107–76) is amended by in- agricultural producers, to enhance re- for other purposes; as follows: serting after section 141 (7 U.S.C. 7251) the source conservation and rural develop- On page 984, line 2, strike the period at the following: ment, to provide for farm credit, agri- ‘‘SEC. 142. NATIONAL DAIRY PROGRAM. end and insert a period and the following: cultural research, nutrition, and re- SEC. 10ll. BEAR PROTECTION. ‘‘(a) DEFINITIONS.—In this section: lated programs, to ensure consumers ‘‘(1) DAIRY FARM.— (a) SHORT TITLE.—This section may be ‘‘(A) IN GENERAL.—The term ‘dairy farm’ abundant food and fiber, and for other cited as the ‘‘Bear Protection Act of 2002’’. means a dairy farm that is— purposes; as follows: (b) FINDINGS.—Congress finds that— ‘‘(i) located within the United States; At the appropriate place, insert the fol- (1) all 8 extant species of bear—Asian black ‘‘(ii) permitted under a license issued by lowing: bear, brown bear, polar bear, American black State or local agency or the Secretary— SEC. . COMMERCIAL FISHERIES FAILURE. bear, spectacled bear, giant panda, sun bear, and sloth bear—are listed on Appendix I or II ‘‘(I) to market milk for human consump- (a) IN GENERAL.—In addition to amounts tion; or appropriated or otherwise made available by of the Convention on International Trade in ‘‘(II) to process milk into products for this Act, there are appropriated to the De- Endangered Species of Wild Fauna and Flora human consumption; and partment of Agriculture $10,000,000 for fiscal (27 UST 1087; TIAS 8249); ‘‘(iii) operated by producers that commer- year 2002, which shall be transferred to the (2)(A) Article XIV of CITES provides that cially market milk during the payment pe- Commodity Credit Corporation to provide, in Parties to CITES may adopt stricter domes- riod. consultation with the Secretary of Com- tic measures regarding the conditions for ‘‘(B) EXCLUSION.—The term ‘dairy farm’ merce, emergency disaster assistance for the trade, taking, possession, or transport of spe- does not include a farm that is operated by commercial fishery failure under section cies listed on Appendix I or II; and a successor to a producer. 308(b)(1) of the Interjurisdictional Fisheries (B) the Parties to CITES adopted a resolu- ‘‘(2) ELIGIBLE PRODUCTION.—The term ‘eli- Act of 1986 (16 U.S.C. 4107(b)(1)) with respect tion in 1997 (Conf. 10.8) urging the Parties to gible production’ means the quantity of milk to Northeast multispecies fisheries. take immediate action to demonstrably re- duce the illegal trade in bear parts; that is produced and marketed on a dairy (b) PROGRAM REQUIREMENTS.—Amounts farm. made available under this section shall be (3)(A) thousands of bears in Asia are cru- ‘‘(3) PAYMENT PERIOD.—The term ‘payment used to support a voluntary fishing capacity elly confined in small cages to be milked for period’ means— reduction program in the Northeast multi- their bile; and ‘‘(A) the period beginning on December 1, species fishery that— (B) the wild Asian bear population has de- 2001, and ending on September 30, 2002; and (1) is certified by the Secretary of Com- clined significantly in recent years as a re- ‘‘(B) each of fiscal years 2003 through 2005. merce to be consistent with section 312(b) of sult of habitat loss and poaching due to a ‘‘(4) PRODUCER.—The term ‘producer’ the Magnuson-Stevens Fishery Conservation strong demand for bear viscera used in tradi- means the individual or entity that is the and Management Act (16 U.S.C. 1861a(b)); and tional medicines and cosmetics; holder of the license described in paragraph (2) permanently revokes multispecies lim- (4) Federal and State undercover oper- (1)(A)(ii) for the dairy farm. ited access fishing permits so as to obtain ations have revealed that American bears ‘‘(b) PROGRAM.—The Secretary shall make the maximum sustained reduction in fishing have been poached for their viscera; payments to producers. capacity at the least cost and in the min- (5) while most American black bear popu- ‘‘(c) AMOUNT.—Subject to subsection (h), imum period of time and to prevent the re- lations are generally stable or increasing, payments to producers on a dairy farm under placement of fishing capacity removed by commercial trade could stimulate poaching this section shall be calculated by the program. and threaten certain populations if the de- multiplying— (c) APPLICATION OF INTERIM FINAL RULE.— mand for bear viscera increases; and ‘‘(1) the eligible production during the pay- The program shall be carried out in accord- (6) prohibitions against the importation ment period; by ance with the Interim Final Rule under part into the United States and exportation from ‘‘(2) the payment rate. 648 of title 50, Code of Federal Regulations, the United States, as well as prohibitions ‘‘(d) PAYMENT RATE.— or any corresponding regulation or rule pro- against the interstate trade, of bear viscera ‘‘(1) IN GENERAL.—Subject to paragraph (2), mulgated thereunder. and products containing, or labeled or adver- the payment rate for a payment under this (d) SUNSET.—The authority provided by tised as containing, bear viscera will assist subsection shall be equal to $0.315 per hun- subsection (a) shall terminate 1 year after in ensuring that the United States does not dredweight. the date of enactment of this Act and no contribute to the decline of any bear popu- ‘‘(2) ADJUSTMENT.—The Secretary may ad- amount may be made available under this lation as a result of the commercial trade in just the payment rate under paragraph (1) section thereafter. bear viscera. with respect to the last fiscal year of the (c) PURPOSE.—The purpose of this section payment period if the Secretary determines SA 2853. Mr. HARKIN proposed an is to ensure the long-term viability of the that there are insufficient funds made avail- amendment to amendment SA 2471 sub- world’s 8 bear species by— able under subsection (h) to carry out this (1) prohibiting interstate and international mitted by Mr. DASCHLE and intended to section for that fiscal year. trade in bear viscera and products con- ‘‘(e) APPLICATION FOR PAYMENT.—To be eli- be proposed to the bill (S. 1731) to taining, or labeled or advertised as con- gible for a payment for a payment period strengthen the safety net for agricul- taining, bear viscera; under this section, the producers on a dairy tural producers, to enhance resource (2) encouraging bilateral and multilateral farm shall submit an application to the Sec- conservation and rural development, to efforts to eliminate such trade; and

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.088 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S671 (3) ensuring that adequate Federal legisla- shall be assessed, and may be collected, in ‘‘(ii) all procedural and substantive State tion exists with respect to domestic trade in the manner in which a civil penalty under water law.’’ bear viscera and products containing, or la- the Endangered Species Act of 1973 may be On page 8, line 19, strike ‘‘(12)’’ and insert beled or advertised as containing, bear assessed and collected under section 11(a) of ‘‘(13)’’. viscera. that Act (16 U.S.C. 1540(a)). On page 9, line 16, strike ‘‘(13) and insert (d) DEFINITIONS.—In this section: (3) SEIZURE AND FORFEITURE.—Any bear ‘‘(14)’’. (1) BEAR VISCERA.—The term ‘‘bear viscera or any product, item, or substance On page 17, line 20, insert the following: viscera’’ means the body fluids or internal imported, exported, sold, bartered, at- ‘‘(1) IN GENERAL.—Nothing in this section— organs, including the gallbladder and its con- tempted to be imported, exported, sold, or On page 17, line 21, strike ‘‘(1)’’ and insert tents but not including the blood or brains, bartered, offered for sale or barter, pur- ‘‘(A)’’. of a species of bear. chased, possessed, transported, delivered, or On page 17, line 22, strike ‘‘(2)’’ and insert (2) CITES.—The term ‘‘CITES’’ means the received in violation of this subsection (in- ‘‘(B)’’. Convention on International Trade in Endan- cluding any regulation issued under this sub- On page 18, line 1, strike ‘‘(3)’’ and insert gered Species of Wild Fauna and Flora (27 section) shall be seized and forfeited to the ‘‘(C)’’. UST 1087; TIAS 8249). United States. On page 18, line 5, strike ‘‘(4)’’ and insert (3) IMPORT.—The term ‘‘import’’ means to (4) REGULATIONS.—After consultation with ‘‘(D)’’. land on, bring into, or introduce into any the Secretary of the Treasury and the United On page 18, line 7, insert the following: place subject to the jurisdiction of the States Trade Representative, the Secretary ‘‘(2) IMPLEMENTATION.—In carrying out the United States, regardless of whether the shall issue such regulations as are necessary program, the Secretary shall— landing, bringing, or introduction con- to carry out this subsection. ‘‘(A) ensure, to the maximum extent prac- ticable, that the program does not under- stitutes an importation within the meaning (5) ENFORCEMENT.—The Secretary, the Sec- of the customs laws of the United States. retary of the Treasury, and the Secretary of mine the implementation of any law in ef- (4) PERSON.—The term ‘‘person’’ means— the department in which the Coast Guard is fect as of the date of enactment of this chap- (A) an individual, corporation, partnership, operating shall enforce this subsection in the ter that concerns the transfer or acquisition trust, association, or other private entity; manner in which the Secretaries carry out of water or water rights on a permanent (B) an officer, employee, agent, depart- enforcement activities under section 11(e) of basis; ment, or instrumentality of— the Endangered Species Act of 1973 (16 U.S.C. ‘‘(B) implement the program in accordance (i) the Federal Government; 1540(e)). with the purposes of such laws described in (ii) any State or political subdivision of a subparagraph (A) as are applicable; and (6) USE OF PENALTY AMOUNTS.—Amounts re- State; or ceived as penalties, fines, or forfeiture of ‘‘(C) comply with— (iii) any foreign government; and ‘‘(i) all interstate compacts, court decrees, property under this subsection shall be used (C) any other entity subject to the jurisdic- and Federal or State laws (including regula- in accordance with section 6(d) of the Lacey tion of the United States. tions) that may affect water or water rights; Act Amendments of 1981 (16 U.S.C. 3375(d)). (5) SECRETARY.—The term ‘‘Secretary’’ and (g) DISCUSSIONS CONCERNING BEAR CON- means the Secretary of the Interior. ‘‘(ii) all procedural and substantive State SERVATION AND THE BEAR PARTS TRADE.—In (6) STATE.—The term ‘‘State’’ means a order to seek to establish coordinated efforts water law.’’ State, the District of Columbia, the Com- with other countries to protect bears, the monwealth of Puerto Rico, the Virgin Is- Secretary shall continue discussions con- SA 2856. Mr. HARKIN proposed an lands, Guam, the Commonwealth of the cerning trade in bear viscera with— amendment to amendment SA 2845 sub- Northern Mariana Islands, American Samoa, (1) the appropriate representatives of Par- mitted by Mr. MCCONNELL and intended and any other territory, commonwealth, or ties to CITES; and to be proposed to the amendment SA possession of the United States. (2) the appropriate representatives of coun- 2471 proposed by Mr. DASCHLE to the (7) TRANSPORT.—The term ‘‘transport’’ tries that are not parties to CITES and that means to move, convey, carry, or ship by any bill (S. 1731) to strengthen the safety are determined by the Secretary and the means, or to deliver or receive for the pur- net for agricultural producers, to en- United States Trade Representative to be pose of movement, conveyance, carriage, or hance resource conservation and rural the leading importers, exporters, or con- shipment. sumers of bear viscera. development, to provide for farm cred- (e) PROHIBITED ACTS.— (h) CERTAIN RIGHTS NOT AFFECTED.—Ex- it, agricultural research, nutrition, and (1) IN GENERAL.—Except as provided in cept as provided in subsection (e), nothing in related programs, to ensure consumers paragraph (2), a person shall not— this section affects— (A) import into, or export from, the United abundant food and fiber, and for other (1) the regulation by any State of the bear States bear viscera or any product, item, or purposes; as follows: population of the State; or substance containing, or labeled or adver- Strike all after the first word and insert (2) any hunting of bears that is lawful tised as containing, bear viscera; or the following: under applicable State law (including regula- (B) sell or barter, offer to sell or barter, SEC. 1ll. REDUCTION OF COMMODITY BENE- tions). purchase, possess, transport, deliver, or re- FITS TO ESTABLISH A PILOT PRO- ceive, in interstate or foreign commerce, GRAM FOR FARM COUNTERCYLICAL Mr. LUGAR (for Mr. KYL) bear viscera or any product, item, or sub- SA 2855. SAVINGS ACCOUNTS. stance containing, or labeled or advertised as proposed an amendment to amendment (a) INCOME PROTECTION PRICES FOR containing, bear viscera. SA 2471 submitted by Mr. DASCHLE and COUNTER-CYCLICAL PAYMENTS.—Section (2) EXCEPTION FOR WILDLIFE LAW ENFORCE- intended to be proposed to the bill (S. 114(c) of the Federal Agriculture Improve- MENT PURPOSES.—A person described in sub- 1731) to strengthen the safety net for ment and Reform Act of 1996 (as amended by section (d)(4)(B) may import into, or export agricultural producers, to enhance re- section 111) is amended by striking para- from, the United States, or transport be- source conservation and rural develop- graph (2) and inserting the following: tween States, bear viscera or any product, ‘‘(2) INCOME PROTECTION PRICES.—The in- ment, to provide for farm credit, agri- come protection prices for contract commod- item, or substance containing, or labeled or cultural research, nutrition, and re- advertised as containing, bear viscera if the ities under paragraph (1)(A) are as follows: importation, exportation, or lated programs, to ensure consumers ‘‘(A) Wheat, $3.4460 per bushel. transportation— abundant food and fiber, and for other ‘‘(B) Corn, $2.3472 per bushel. (A) is solely for the purpose of enforcing purposes; as follows: ‘‘(C) Grain sorghum, $2.3472 per bushel. laws relating to the protection of wildlife; On page 8, line 19, insert the following: ‘‘(D) Barley, $2.1973 per bushel. and ‘‘(12) IMPLEMENTATION.—In carrying out ‘‘(E) Oats, $1.5480 per bushel. (B) is authorized by a valid permit issued the program, the Secretary shall— ‘‘(F) Upland cotton, $0.6793 per pound. under Appendix I or II of CITES, in any case ‘‘(A) ensure, to the maximum extent prac- ‘‘(G) Rice, $9.2914 per hundredweight. in which such a permit is required under ticable, that the program does not under- ‘‘(H) Soybeans, $5.7431 per bushel. CITES. mine the implementation of any law in ef- ‘‘(I) Oilseeds (other than soybeans), $0.1049 (f) PENALTIES AND ENFORCEMENT.— fect as of the date of enactment of this chap- per pound.’’. (1) CRIMINAL PENALTIES.—A person that ter that concerns the transfer or acquisition (b) LOAN RATES FOR MARKETING ASSIST- knowingly violates subsection (e) shall be of water or water rights on a permanent ANCE LOANS.— fined under title 18, United States Code, im- basis; (1) IN GENERAL.—Section 132 of the Federal prisoned not more than 1 year, or both. ‘‘(B) implement the program in accordance Agriculture Improvement and Reform Act of (2) CIVIL PENALTIES.— with the purposes of such laws described in 1996 (as amended by section 123(a)) is amend- (A) AMOUNT.—A person that knowingly vio- subparagraph (A) as are applicable; and ed to read as follows: lates subsection (e) may be assessed a civil ‘‘(C) comply with— ‘‘SEC. 132. LOAN RATES. penalty by the Secretary of not more than ‘‘(i) all interstate compacts, court decrees, ‘‘The loan rate for a marketing assistance $25,000 for each violation. and Federal or State laws (including regula- loan under section 131 for a loan commodity (B) MANNER OF ASSESSMENT AND COLLEC- tions) that may affect water or water rights; shall be— TION.—A civil penalty under this paragraph and ‘‘(1) in the case of wheat, $2.9960 per bushel;

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.090 pfrm02 PsN: S12PT1 S672 CONGRESSIONAL RECORD — SENATE February 12, 2002 ‘‘(2) in the case of corn, $2.0772 per bushel; adjusted gross revenue for each of the pre- of the covered commodities grown by the ‘‘(3) in the case of grain sorghum, $2.0772 ceding 5 taxable years, the estimated income producer are harvested. per bushel; of the producer that will be earned from all ‘‘(f) INTEREST.—Funds deposited into the ‘‘(4) in the case of barley, $1.9973 per bush- agricultural enterprises for the applicable account may earn interest at the commer- el; year, as determined by the Secretary. cial rates provided by the bank or financial ‘‘(5) in the case of oats, $1.4980 per bushel; ‘‘(4) PRODUCER.—The term ‘producer’ institution in which the Account is estab- ‘‘(6) in the case of upland cotton, $0.5493 per means an individual or entity, as determined lished. pound; by the Secretary for an applicable year, ‘‘(g) USE.—Funds credited to the account— ‘‘(7) in the case of extra long staple cotton, that— ‘‘(1) shall be available for withdrawal by a $0.7965 per pound; ‘‘(A) shares in the risk of producing, or producer, in accordance with subsection (h); ‘‘(8) in the case of rice, $6.4914 per hundred- provides a material contribution in pro- and weight; ducing, an agricultural commodity for the ‘‘(2) may be used for purposes determined ‘‘(9) in the case of soybeans, $5.1931 per applicable year; by the producer. bushel; ‘‘(B) has a substantial beneficial interest in ‘‘(h) WITHDRAWAL.— ‘‘(10) in the case of oilseeds (other than the agricultural enterprise in which the agri- ‘‘(1) IN GENERAL.—Subject to paragraph (2), soybeans), $0.0949 per pound; cultural commodity is produced; in any year, a producer may withdraw funds ‘‘(11) in the case of graded wool, $1.00 per ‘‘(C)(i) during each of the preceding 5 tax- from the account in an amount that is equal pound; able years, has filed— to— ‘‘(12) in the case of nongraded wool, $.40 per ‘‘(I) a schedule F of the Federal income tax ‘‘(A) 90 percent of average adjusted gross pound; returns; or revenue of the producer for the previous 5 ‘‘(13) in the case of mohair, $2.00 per pound; ‘‘(II) a comparable tax form related to the years; minus ‘‘(14) in the case of honey, $.60 per pound; agricultural enterprises of the individual or ‘‘(B) the adjusted gross revenue of the pro- ‘‘(15) in the case of dry peas, $6.78 per hun- entity, as approved by the Secretary; or ducer in that year. dredweight; ‘‘(ii) is a beginning farmer or rancher or ‘‘(2) RETIREMENT.—A producer that ceases ‘‘(16) in the case of lentils, $12.79 per hun- other producer that does not have adjusted to be actively engaged in farming, as deter- dredweight; gross revenue for each of the preceding 5 tax- mined by the Secretary— ‘‘(17) in the case of large chickpeas, $17.44 able years, as determined by the Secretary; ‘‘(A) may withdraw the full balance from, per hundredweight; and and and close, the account; and ‘‘(18) in the case of small chickpeas, $8.10 ‘‘(D)(i) has earned at least $50,000 in aver- ‘‘(B) may not establish another account. per hundredweight.’’. age adjusted gross revenue over the pre- ‘‘(i) ADMINISTRATION.—The Secretary shall (2) ADJUSTMENT OF LOANS.— ceding 5 taxable years; administer this section through the Farm (A) IN GENERAL.—The amendment made by ‘‘(ii) is a limited resource farmer or ranch- Service Agency and local, county, and area section 123(b) is repealed. er, as determined by the Secretary; or offices of the Department of Agriculture.’’. (B) APPLICABILITY.—Section 162 of the Fed- ‘‘(iii) in the case of a beginning farmer or eral Agriculture Improvement and Reform rancher or other producer that does not have SA 2857. Mr. REID (for Mr. CONRAD) Act of 1996 (7 U.S.C. 7282) shall be applied and average adjusted gross revenue for the pre- proposed an amendment to amendment administered as if the amendment made by ceding 5 taxable years, has at least $50,000 in section 123(b) had not been enacted. SA 2471 submitted by Mr. DASCHLE and estimated income from all agricultural en- intended to be proposed to the bill (S. SEC. 1ll. PILOT PROGRAM FOR FARM terprises for the applicable year, as deter- COUNTER-CYCLICAL SAVINGS AC- mined by the Secretary. 1731) to strengthen the safety net for COUNTS. ‘‘(b) ESTABLISHMENT.—For each of fiscal agricultural producers, to enhance re- Subtitle B of title I of the Federal Agri- source conservation and rural develop- culture Improvement and Reform Act of 1996 years 2003 through 2006, the Secretary shall (7 U.S.C. 7211 et seq.) is amended by adding establish a pilot program in 10 States (as de- ment, to provide for farm credit, agri- at the end the following: termined by the Secretary) under which a cultural research, nutrition, and re- ‘‘SEC. 119. PILOT PROGRAM FOR FARM COUNTER- producer may establish a farm counter-cycli- lated programs, to ensure consumers CYCLICAL SAVINGS ACCOUNTS. cal savings account in the name of the pro- abundant food and fiber, and for other ‘‘(a) DEFINITIONS.—In this section: ducer in a bank or financial institution se- purposes; as follows: ‘‘(1) ADJUSTED GROSS REVENUE.—The term lected by the producer and approved by the Secretary. At the appropriate place insert the fol- ‘adjusted gross revenue’ means the adjusted lowing: ‘‘(c) CONTENT OF ACCOUNT.—A farm gross income for all agricultural enterprises Since both political parties have pledged counter-cyclical savings account shall con- of a producer in a year, excluding revenue not to misuse Social Security surplus funds sist of— earned from nonagricultural sources, as de- by spending them for other purposes; and ‘‘(1) contributions of the producer; and termined by the Secretary— Since under the Administration’s fiscal ‘‘(2) matching contributions of the Sec- ‘‘(A) by taking into account gross receipts year 2003 budget, the federal government is retary. from the sale of crops and livestock on all projected to spend the Social Security sur- ‘‘(d) PRODUCER CONTRIBUTIONS.—A producer agricultural enterprises of the producer, in- plus for other purposes in each of the next 10 may deposit such amounts in the account of cluding insurance indemnities resulting from years; the producer as the producer considers ap- losses in the agricultural enterprises; Since permanent extension of the inherit- propriate. ‘‘(B) by including all farm payments paid ance tax repeal would cost, according to the by the Secretary for all agricultural enter- ‘‘(e) MATCHING CONTRIBUTIONS.— Administration’s estimate, approximately prises of the producer, including any mar- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) $104 billion over the next 10 years, all of keting loan gains described in section through (5), the Secretary shall provide a which would further reduce the Social Secu- 1001(3)(A) of the Food Security Act of 1985 (7 matching contribution on the amount depos- rity surplus; U.S.C. 1308(3)(A)); ited by the producer into the account. Therefore it is the Sense of the Senate that ‘‘(C) by deducting the cost or basis of live- ‘‘(2) AMOUNT.—Subject to paragraph (3), no Social Security surplus funds should be stock or other items purchased for resale, the amount of a matching contribution that used to pay to make currently scheduled tax such as feeder livestock, on all agricultural the Secretary shall provide under paragraph cuts permanent or for wasteful spending. enterprises of the producer; and (1) shall be equal to 2 percent of the average ‘‘(D) as represented on— adjusted gross revenue of the producer. f ‘‘(i) a schedule F of the Federal income tax ‘‘(3) MAXIMUM CONTRIBUTIONS FOR INDI- returns of the producer; or VIDUAL PRODUCER.—The amount of matching ‘‘(ii) a comparable tax form related to the contributions that may be provided by the AUTHORITY FOR COMMITTEES TO agricultural enterprises of the producer, as Secretary for an individual producer under MEET approved by the Secretary. this subsection shall not exceed $5,000 for COMMITTEE ON ARMED SERVICES ‘‘(2) AGRICULTURAL ENTERPRISE.—The term any applicable fiscal year. ‘agricultural enterprise’ means the produc- ‘‘(4) MAXIMUM CONTRIBUTIONS FOR ALL PRO- Mr. REID. Mr. President, I ask unan- tion and marketing of all agricultural com- DUCERS IN A STATE.—The total amount of imous consent that the Committee on modities (including livestock but excluding matching contributions that may be pro- Armed Services be authorized to meet tobacco) on a farm or ranch. vided by the Secretary for all producers during the session of the Senate on ‘‘(3) AVERAGE ADJUSTED GROSS REVENUE.— under this program shall not exceed Tuesday, February 12, 2002, at 9:30 a.m., The term ‘average adjusted gross revenue’ $70,000,000 for fiscal year 2003, $100,000,000 for in open session to receive testimony on means— fiscal year 2004, $140,000,000 for fiscal year the Defense authorization request for ‘‘(A) the average of the adjusted gross rev- 2005, and $200,000,000 for fiscal year 2006. enue of a producer for each of the preceding ‘‘(5) DATE FOR MATCHING CONTRIBUTIONS.— fiscal year 2003 and the Future Years 5 taxable years; or The Secretary shall provide the matching Defense Program. ‘‘(B) in the case of a beginning farmer or contributions required for a producer under The PRESIDING OFFICER. Without rancher or other producer that does not have paragraph (1) as of the date that a majority objection, it is so ordered.

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.114 pfrm02 PsN: S12PT1 February 12, 2002 CONGRESSIONAL RECORD — SENATE S673 COMMITTEE ON BANKING, HOUSING, AND URBAN meet on Tuesday, February 12, 2002 at PRIVILEGES OF THE FLOOR AFFAIRS 10:15 a.m. (immediately following the Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- first vote of the day) for a business imous consent that Jeannie Rhee, a fel- imous consent that the Committee on meeting to consider the nominations low on the staff of Senator DASCHLE, be Banking, Housing, and Urban Affairs of: 1) Nancy Dorn to be Deputy Direc- granted the privilege of the floor dur- be authorized to meet on February 12, tor of the Office of Management and ing debate on S. 1731. 2002, at 10:00 a.m., to conduct a hearing Budget; 2) Dan G. Blair to be Deputy The PRESIDING OFFICER. Without on ‘‘Accounting and Investor Protec- Director of the Office of Personnel objection, it is so ordered. tion Issues Raised by Enron and Other Management; and 3) John L. Howard to Mr. WELLSTONE. Mr. President, I Public Companies.’’ be Chairman, Special Panel on Ap- ask unanimous consent that Justin The PRESIDING OFFICER. Without peals. Buoen, who is an intern in my office, objection, it is so ordered. The PRESIDING OFFICER. Without be granted the privilege of the floor for COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. the duration of the debate today. TRANSPORTATION COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without Mr. REID. Mr. President: I ask unan- AND PENSIONS objection, it is so ordered. imous consent that the Committee on Mr. REID. Mr. President, I ask unan- Commerce, Science, and Transpor- imous consent that the Committee on f tation be authorized to meet on Tues- Health, Education, Labor, and Pen- EXECUTIVE SESSION day, February 12, 2002, at 9:30 a.m., on sions be authorized to meet for a hear- the collapse of Enron in SR–253. ing on Early Education: From Science The PRESIDING OFFICER. Without To Practice during the session of the NOMINATION DISCHARGED objection, it is so ordered. Senate on Tuesday, February 12, 2002. Mr. REID. Mr. President, I ask unan- COMMITTEE ON ENERGY AND NATURAL At 9:30 a.m. imous consent the Senate proceed to RESOURCES The PRESIDING OFFICER. Without executive session and that the HELP objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Committee be discharged from further imous consent that the Committee on COMMITTEE ON HEALTH, EDUCATION, LABOR, consideration of the nomination of Wil- AND PENSIONS Energy and Natural Resources be au- liam Leidinger, to be Assistant Sec- Mr. REID. Mr. President, I ask unan- thorized to meet during the session of retary for Management at the Depart- imous consent that the Committee on the Senate on Tuesday, February 12 at ment of Education; that the nomina- Health, Education, Labor, and Pen- 10:00 a.m., to conduct a hearing. The tion be confirmed, the motion to recon- sions be authorized to meet for a hear- purpose of this hearing is to receive sider be laid on the table, any state- ing on OxyContin: Balancing Risks and testimony on the FY 2003 budget re- ments thereon be printed in the Benefits during the session of the Sen- quests for the Department of the Inte- RECORD, and the President be imme- ate on Tuesday, February 12, 2002. At rior, the U.S. Forest Service, and the diately notified of the Senate’s action. 2:30 p.m. Department of Energy. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. objection, it is so ordered. The nomination considered and con- COMMITTEE ON FOREIGN RELATIONS SUBCOMMITTEE ON IMMIGRATION firmed is as follows: Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- DEPARTMENT OF EDUCATION imous consent that the Committee on imous consent that the Committee on William Leidinger, of Virginia, to be As- Foreign Relations be authorized to the Judiciary Subcommittee on Immi- gration be authorized to meet to con- sistant Secretary for Management, Depart- meet during the sessions of the Senate ment of Education. on Tuesday, February 12, 2002 at 2:30 duct a hearing on Tuesday, February f p.m. to hold a hearing entitled, ‘‘Theft 12, 2002 at 3:00 p.m. in Dirksen 226. of American Intellectual Property: Witness List LEGISLATIVE SESSION Fighting Crime Abroad and at Home’’. Panel I: Arthur ‘‘Gene’’ Dewey, As- The PRESIDING OFFICER. The Sen- Agenda sistant Secretary of State for the Bu- ate will resume legislative session. reau of Population, Refugees, and Mi- Witnesses f gration, Department of State, Wash- Panel 1: The Honorable Alan P. ington, DC; and James Ziglar, Commis- COMMENDING PRESIDENT PERVEZ Larson, Under Secretary for Economic, sioner, U.S. Immigration and Natu- MUSHARRAF OF PAKISTAN Business, and Agricultural Affairs, De- ralization Service, Washington, DC. Mr. REID. Mr. President, I ask unan- partment of State, Washington, DC; Panel II: Lenny Glickman, chairman, imous consent that the Senate proceed the Honorable Peter F. Allgeier, Dep- Refugee Council USA, New York, NY; to S. Con. Res. 96 submitted earlier uty U.S. Trade Representative, Office Anastasia Brown, assistant director for today by Senators BROWNBACK and of U.S. Trade Representative, Wash- processing operations, Migration and WELLSTONE. ington, DC; and Mr. John S. Gordon, Refugee Services, U.S. Conference of The PRESIDING OFFICER. The U.S. attorney, Central District of Cali- Catholic Bishops, Washington, DC; and clerk will report the concurrent resolu- fornia, Los Angeles, CA. Bill Frelick, Director of Policy, U.S. tion by title. Panel 2: Mr. Jeff Raikes, Group Vice Committee for Refugees, Washington, The assistant legislative clerk read President, Productivity and Business DC. as follows: Services, Microsoft Corporation, The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 96) Redmond, Washington; Mr. Jack Va- objection, it is so ordered. commending President Pervez Musharraf of lenti, President and CEO, Motion Pic- SUBCOMMITTEE ON INTERNATIONAL SECURITY Pakistan for his leadership and friendship ture Association of America, Wash- Mr. REID. Mr. President, I ask unan- and welcoming him to the United States. ington, DC; Ms. Hilary Rosen, Presi- imous consent that the Committee on There being no objection, the Senate dent and CEO, Recording Industry As- Governmental Affairs’ Subcommittee proceeded to consider the concurrent sociation of America, Washington, DC; on International Security, Prolifera- resolution. and Mr. Douglas Lowenstein, president, tion and Federal Services be authorized Mr. REID. Mr. President, I ask unan- Interactive Digital Software Associa- to meet on Tuesday, February 12, 2002, imous consent that the concurrent res- tion, Washington, DC. at 9:30 a.m. for a hearing regarding olution and preamble be agreed to en The PRESIDING OFFICER. Without ‘‘Multilateral Non-proliferation Re- bloc, the motion to reconsider be laid objection, it is so ordered. gimes, Weapons of Mass Destruction on the table, and that any statements COMMITTEE ON GOVERNMENTAL AFFAIRS Technologies, and the War on Ter- thereon be printed in the RECORD with Mr. REID. Mr. President, I ask unan- rorism.’’ no intervening action or debate. imous consent that the Committee on The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Governmental Affairs be authorized to objection, it is so ordered. objection, it is so ordered.

VerDate 11-MAY-2000 06:26 Feb 13, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.117 pfrm02 PsN: S12PT1 S674 CONGRESSIONAL RECORD — SENATE February 12, 2002 The concurrent resolution (S. Con. time for the two leaders be reserved for ADJOURNMENT UNTIL 9:30 A.M. Res. 96) was agreed to. their use later in the day, and the Sen- TOMORROW The preamble was agreed to. ate resume consideration of the farm Mr. REID. Mr. President, if there is (The concurrent resolution with its bill. no further business to come before the preamble, is printed in today’s RECORD Senate, I ask unanimous consent that under ‘‘Statements on Submitted Reso- The PRESIDING OFFICER. Without objection, it is so ordered. the Senate stand in adjournment under lutions’’.) the previous order. f There being no objection, the Senate, f at 8:40 p.m., adjourned until Wednes- ORDERS FOR TOMORROW, day, February 13, 2002, at 9:30 a.m. FEBRUARY 13, 2002 PROGRAM Mr. REID. Mr. President, I ask unan- f Mr. REID. Mr. President, there is imous consent when the Senate com- CONFIRMATION pletes its business today, it adjourn going to be a series of rollcall votes in the morning in relation to the farm Executive nomination confirmed by until the hour 9:30 a.m. tomorrow, the Senate February 12, 2002: Wednesday, February 13; that following bill. They will begin at about 9:50 a.m., the prayer and pledge the Journal of give or take a minute or two. DEPARTMENT OF EDUCATION proceedings be approved to date, the WILLIAM LEIDINGER, OF VIRGINIA, TO BE ASSISTANT SECRETARY FOR MANAGEMENT, DEPARTMENT OF EDU- morning hour be deemed expired, the CATION.

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