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

Vol. 147 WASHINGTON, WEDNESDAY, DECEMBER 19, 2001 No. 177 Senate (Legislative day of Tuesday, December 18, 2001)

The Senate met at 11:30 a.m. on the APPOINTMENT OF ACTING to provide for farm credit, agricultural re- expiration of the recess and was called PRESIDENT PRO TEMPORE search, nutrition, and related programs, to ensure consumers abundant food and fiber, to order by the Honorable JOHN ED- The PRESIDING OFFICER. The and for other purposes. WARDS, a Senator from the State of clerk will please read a communication North Carolina. to the Senate from the President pro Pending: tempore (Mr. BYRD). Daschle (for Harkin) amendment No. 2471, PRAYER The legislative clerk read the fol- in the nature of a substitute. The Chaplain, Dr. Lloyd John lowing letter: Wellstone amendment No. 2602 (to amend- ment No. 2471), to insert in the environ- U.S. SENATE, Ogilvie, offered the following prayer: mental quality incentives program provi- Dear God, bless the Senators with the PRESIDENT PRO TEMPORE, sions relating to confined livestock feeding assurance that You are closer than Washington, DC, December 19, 2001. operations and to a payment limitation. their hands and feet and as available To the Senate: Harkin modified amendment No. 2604 (to for inspiration as breathing. May this Under the provisions of rule I, paragraph 3, amendment No. 2471), to apply the Packers of the Standing Rules of the Senate, I hereby and Stockyards Act, 1921, to livestock pro- day be lived in companionship with appoint the Honorable JOHN EDWARDS, a Sen- duction contracts and to provide parties to You, so that they will enjoy the con- ator from the State of North Carolina, to the contract the right to discuss the con- fidence of the promise You gave perform the duties of the Chair. tract with certain individuals. through Isaiah: ‘‘It shall come to pass ROBERT C. BYRD, Burns amendment No. 2607 (to amendment that before they call, I will answer; and President pro tempore. No. 2471), to establish a per-farm limitation while they are still speaking, I will Mr. EDWARDS thereupon assumed on land enrolled in the conservation reserve hear.’’—Isaiah 65:24. the chair as Acting President pro tem- program. Burns amendment No. 2608 (to amendment Unite the parties in unity. When pore. No. 2471), to direct the Secretary of Agri- Your best for America is accomplished f culture to establish certain per-acre values by creative compromise and coopera- RESERVATION OF LEADER TIME for payments for different categories of land tion, everybody wins, especially the enrolled in the conservation reserve pro- The ACTING PRESIDENT pro tem- gram. American people. When this day closes, pore. Under the previous order, the our deepest joy will be that we have leadership time is reserved. The ACTING PRESIDENT pro tem- pore. The Senator from Nevada. worked together to achieve Your goals. f You are our Lord and Saviour. Amen. Mr. REID. Mr. President, for all AGRICULTURE, CONSERVATION f Members of the Senate, we are very AND RURAL ENHANCEMENT ACT close to working out an arrangement PLEDGE OF ALLEGIANCE OF 2001 this morning that should be good for The Honorable JOHN EDWARDS led the The ACTING PRESIDENT pro tem- everyone. I spoke to a number of farm Pledge of Allegiance, as follows: pore. Under the previous order, the State Senators last night and they Senate will now resume consideration thought it was very important that I pledge allegiance to the Flag of the of S. 1731, which the clerk will report. United States of America, and to the Repub- Senator HUTCHINSON of Arkansas be al- lic for which it stands, one nation under God, The legislative clerk read as follows: lowed to offer an amendment. We have indivisible, with liberty and justice for all. A bill (S. 1731) to strengthen the safety net worked throughout the night and the for agricultural producers, to enhance re- morning with Senator HUTCHINSON and source conservation and rural development, worked out a time agreement on that,

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S13647

. S13648 CONGRESSIONAL RECORD — SENATE December 19, 2001 so as soon as Senator LUGAR arrives we Again, it would be my understanding Mr. NICKLES. That wasn’t my un- will be ready to offer this unanimous that these amendments would be avail- derstanding. Regardless, I will vigor- consent agreement. able to us postcloture, with clarifica- ously oppose cloture if that is what the I suggest the absence of a quorum. tion of the Parliamentarian, and we majority leader’s intention is. I urge The ACTING PRESIDENT pro tem- will offer this at another time. him to ask consent to postpone the clo- pore. The clerk will call the roll. Mr. NICKLES. Mr. President, if I ture vote until we determine what the The legislative clerk proceeded to might inquire, at a previous time I outcome of some of these amendments call the roll. asked the majority leader if this is. Some of us are going to continue to Mr. DASCHLE. Mr. President, I ask amendment would be in order, or part oppose cloture until we have a chance unanimous consent the order for the of the unanimous consent that this to have our amendments heard, de- quorum call be dispensed with. amendment would be in order bated, and voted on in the Senate. The ACTING PRESIDENT pro tem- postcloture, and we agreed to that. If you insist—and I am sure the ma- pore. Without objection, it is so or- Does that agreement still carry? There jority leader is correct most of the dered. were four or five amendments, if I re- time—cloture will expire after so many Mr. DASCHLE. Mr. President, it is member correctly, or one or two, and a hours. But I will just tell him that our intention to go to the Hutchinson couple of others. If they were agreed some of us are going to be opposing clo- amendment. As I think our colleagues to, there were two additional ones. If ture vigorously until the Senator from are aware, the Hutchinson amendment that still applies, that is fine with this Iowa and others have a chance to have is largely the Agriculture farm bill Senator. their amendments heard and voted on. passed by the House. It may not be ex- Mr. DASCHLE. Mr. President, I in- Mr. DASCHLE. Mr. President, I am actly the same bill, but that is the in- tended this as a new unanimous con- very sympathetic to the Senator from sent request. Therefore, the other tent. Certainly Senator HUTCHINSON Oklahoma. We have been on this bill can speak for himself, and will. ones—because of the old unanimous for an awfully long time. I think we are It is my intent after that, then, to go consent request—have already expired. almost at a point where we have bro- to the cloture motion. Technically, it would not carry. ken the record now for the length of I think the best thing to do would be So I ask unanimous consent the time we have been on a farm bill. Sen- to consult with the Parliamentarian in pending amendments also be laid aside; ators had many opportunities to offer terms of germaneness and make a deci- that Senator HUTCHINSON be recognized amendments at night and during the sion at a later time. to offer his amendment, No. 2678; that day. I am not really sympathetic to I wonder if we might proceed. The those who suggest that somehow we there be 1 hour 15 minutes for debate cloture vote, by rules of the Senate, with Senator HUTCHINSON in control of have not accorded enough time to some takes place within 1 hour after we of these amendments. 60 minutes, Senator HARKIN or his des- come in. We do not need the second ignee in control of 15 minutes prior to I also say we have come to the con- portion of the unanimous consent re- clusion that we are going to have to a vote in relation to the amendment, quest in order to proceed with cloture. with no second-degree amendments in make a decision about the farm bill. If But I would like to accommodate Sen- we are unable to invoke cloture, it is order prior to the vote; further, that ator HUTCHINSON. I would make that the vote in relation to the amendment my intention to put it back on the cal- request. endar, regrettably, and then move to occur at 12:50. The ACTING PRESIDENT pro tem- other issues. We have conference re- Immediately following disposition of pore. Is there objection? the Hutchinson amendment, the Sen- Mr. NICKLES. Reserving the right to ports that have to be done before we ate will proceed to the previously or- object, I want to make sure what we leave. There are other pieces of busi- dered cloture vote on the substitute are doing. First, the leader said we ness that are required of us. This will amendment. would like to inquire whether or not be the third cloture vote. There will be no more cloture votes in this session of The ACTING PRESIDENT pro tem- Senator GRASSLEY and others want to pore. Is there objection? offer their amendments. I want to pro- Congress on the farm bill. Senators are going to have to make Mr. NICKLES. Reserving the right to tect their rights to offer their amend- up their minds: Do they want to indefi- object. ments. nitely postpone and thereby kill our The ACTING PRESIDENT pro tem- There is an amendment dealing with chances for completing work on the pore. The Senator from Oklahoma. payment limitation. Some of us are farm bill this year or not? If they want Mr. NICKLES. I want to cooperate in kind of concerned about the underlying to kill it, they will vote against clo- every way with the majority leader and Harkin bill that has payment limita- ture. If they want to support com- the managers of the bill, but I wonder tions of 250. That can be expanded to pleting our work, they will vote for if the majority leader, trying to make 500 per family. The Grassley amend- cloture this afternoon and we will com- a request to have the Hutchinson ment that Senator DORGAN and others plete our work. That still requires 30 amendment—I have no objection to have supported would reduce that. I want to make sure that amendment is hours of debate on the bill prior to the that portion. I do know that Senator time we complete our work. That GRASSLEY, Senator DORGAN, myself, going to be debated before we conclude the agriculture bill. I don’t want that means that relevant amendments will and others have a lot of interest in the be entertained, will be accepted, or payment limitation. I am not positive amendment to be ruled nongermane postcloture. That is what I am trying voted upon and considered as germane whether or not it is germane amendments. That is the prerogative of postcloture. to find out before we make an agree- ment. every Senator even after cloture. Per- I guess part of your request is that haps amendments can be designed to be we go immediately to the cloture vote. Parliamentary inquiry: Is the Grass- ley amendment germane postcloture? germane. I certainly think a payment I wonder if you are willing to delete limit amendment is germane to the that second paragraph or if you are Mr. REID. Mr. President, will the Senator from Oklahoma yield for a bill. willing to make sure that the Grassley We ought to find the language that amendment would be in order, regard- question? Mr. NICKLES. I would be happy to accommodates the Senator from Okla- less of which way the result of the clo- yield. homa, if that is his intent. ture vote would occur. Mr. REID. Is that the same as the But I will say we have been on this Mr. DASCHLE. I would want to con- original Dorgan amendment? bill for a record amount of time. It will sult with the Parliamentarian and Sen- Mr. NICKLES. That is correct. be virtually a record if we complete our ator HARKIN and others. We have at- The ACTING PRESIDENT pro tem- 30 hours. We do have other very impor- tempted, as the Senator knows, to ac- pore. The amendment has not yet been tant matters pending. commodate a number of Senators who reviewed for germaneness. I want to make sure all Senators are have asked to be exempted from clo- Mr. NICKLES. I didn’t catch that. put on notice. Three times, and we are ture limitations following the time The ACTING PRESIDENT pro tem- out in terms of cloture. And three when cloture is invoked. I am not en- pore. The amendment has not been re- times, it seems to me, ought to be ade- thusiastic about expanding. viewed for germaneness. quate time for everybody to have had December 19, 2001 CONGRESSIONAL RECORD — SENATE S13649 their amendments considered. As we sent request so that the Grassley Mr. NICKLES. I want my friend from have noted, a number of other col- amendment be considered germane Iowa, because I want to protect his in- leagues have asked for special consid- postcloture in the event cloture is in- terests on this amendment—— eration for their amendments. We are voked. Mr. GRASSLEY. I know you are. attempting to do that. We have to Mr. GRASSLEY. Reserving the right Mr. NICKLES. The majority leader is move on. to object, I think I have something bet- basically saying we have an hour and Mr. REID. Mr. President, will the ter than being part of the unanimous 15 minutes to debate the Hutchinson majority leader yield? consent agreement, or something bet- amendment, and then we will vote on Mr. DASCHLE. Yes. ter than even a veto to do this. I had cloture. And then we are going to find Mr. REID. I say to the distinguished the word of the Senate majority whip out that the Grassley amendment is majority leader that I have received that I was going to be able to bring my nongermane postcloture if cloture is two notes from the cloakroom that amendment up right after the Durbin invoked. So it would not be in order to they want to put out a list if in fact amendment this morning after 11:30. It take up the Grassley-Dorgan amend- there is a postcloture list of amend- seems to me, if I have the word of a fel- ment. ments. low Senator that I have a chance to I have been here for 3 or 4 days trying I also say that last night I had a con- bring my amendment up, I don’t even to make sure we get a vote. No one has versation with a number of farm State have to be included in a unanimous been filibustering this bill—no one. I Senators who have been voting against consent. If you want to nail it down know Senator GRASSLEY was here late cloture. They said if we would allow that way, nail it down; it is OK with last night trying to offer this amend- Hutchinson a vote, they would be will- me. But it seems to me I was told by ment. I know yesterday, three or four ing to vote for cloture. the majority leader that I was going to times, I came up and said: I am ready We worked last night and all morn- be able to bring my amendment up, and to do a payment limitation amend- ing trying to work out an arrangement that word is better than anything else ment. Every amendment we have had where there could be a vote on Hutch- that can go on in this body. has been germane to the bill. inson. We have given the Hutchinson Mr. REID. Mr. President, will my We did not offer the energy package. forces 1 hour. We have taken 15 min- friend from Oklahoma yield? We did not even offer the stimulus utes to show that we are serious about Mr. NICKLES. I am happy to yield. package; I thought about it. I might moving this bill forward. It appears Mr. REID. There is nobody for whom still do that if it is still the pending that no matter what we do, it isn’t I have more respect than the Senator bill. I want to get the stimulus done from Iowa. We serve together on select quite enough. before we get out of here. The amend- committees. He is absolutely right. We I hope my counterpart, the distin- ments have been germane on agri- thought when we came here this morn- guished assistant minority leader, will culture. allow us to go forward. This is an op- ing we were going to go to the Durbin To have an amendment such as pay- portunity, in my opinion, to pass a amendment and then a Republican ment limitation, when the underlying farm bill. We will live by whatever the amendment. He had been standing bill allows a few farmers to make hun- rules are. around waiting for a while, and we did dreds and hundreds of thousands of dol- I was informed, obviously incor- say that. But the fact is, there have lars, to be squeezed out because of clo- rectly, yesterday that the Parliamen- been intervening things. I am not going ture I think is wrong. tarian thought Dorgan would be in back on my word. We thought we were So I guess the essence is that I will order postcloture. I hope it is. I think going to do a totally different thing. not object to a time limit on Senator it is something we should debate. And I am sorry there has been some HUTCHINSON’s amendment. If the ma- But the fact of the matter is we have misunderstanding. But I would never jority leader proceeds with the cloture gone a long way this morning in work- intentionally mislead the Senator from vote, I will urge my colleagues, in the ing this out. I applaud the Senator Iowa. strongest terms, to please vote no on from Arkansas. He wanted more time The ACTING PRESIDENT pro tem- cloture so amendments that are ger- than the hour—an hour and 15 minutes. pore. The majority leader. mane—that are really germane that He believed, I guess, that was fair. Mr. DASCHLE. Mr. President, if I might fall on the strict interpretation I think we should go forward and can regain my right to the floor, let me of postcloture—that they will have a then have a fair third and final vote on simply say that we moved the cloture right to offer those amendments. cloture. vote to 1:30 to accommodate some of I urge my colleagues, Democrats and Mr. DASCHLE. Mr. President, as the our colleagues on the other side of the Republicans, who respect individual Senator from Nevada noted, our col- aisle. That has been locked in at 1:30. Senators having the right to amend a league for good reason wanted to be We also attempted to accommodate the bill that is enormously complicated able to offer the so-called Cochran- Senator from Arkansas with this unan- but important—that they have a right Roberts alternative. We have done imous consent. that. We have had very good debates on The ACTING PRESIDENT pro tem- to offer those amendments. a number of other questions over the pore. The time is 1:15, not 1:30. So I will not object to the majority last couple of weeks. In order to ac- Mr. DASCHLE. The UC was 1:15? leader’s request to have a time limit on commodate the Senator from Arkansas The ACTING PRESIDENT pro tem- the Hutchinson amendment. The ACTING PRESIDENT pro tem- and others who believe we ought to at pore. Yes. pore. Without objection, it is so or- least have a chance to vote on the Mr. DASCHLE. OK. We hoped we dered. House-passed bill, we are now going to could accommodate the Senator from Mr. DASCHLE. I thank my col- do that. Arkansas with a vote on his amend- I honestly think we have been as fair ment so that it could be taken before leagues. and responsible as we can be to the re- the cloture vote. That is all this unani- The ACTING PRESIDENT pro tem- quest made by our colleagues. I hope mous consent request is designed to do. pore. The Senator from Arkansas. now that we can get this agreement. So if we cannot get it, we will just pro- AMENDMENT NO. 2678 TO AMENDMENT NO. 2471 I renew my request. ceed, the Senator from Arkansas can (Purpose: To provide a complete substitute) The ACTING PRESIDENT pro tem- offer his amendment, and we can do it Mr. HUTCHINSON. Mr. President, I pore. Is there objection? without a UC. So if I cannot get that have an amendment at the desk, and I Mr. NICKLES. Mr. President, reserv- agreement, I will simply withdraw the ask for its consideration. ing the right to object, parliamentary request and perhaps we can proceed The ACTING PRESIDENT pro tem- inquiry: Is the Grassley amendment with the amendment. pore. Under the previous order, the germane postcloture? The ACTING PRESIDENT pro tem- pending amendments are laid aside. The ACTING PRESIDENT pro tem- pore. Is there objection? The clerk will report. pore. The amendment is being reviewed Mr. NICKLES. Reserving the right to The legislative clerk read as follows: at this time. object. The Senator from Arkansas [Mr. HUTCH- Mr. NICKLES. I ask the majority The ACTING PRESIDENT pro tem- INSON] proposes an amendment numbered leader to modify his unanimous con- pore. The Senator from Oklahoma. 2678 to amendment No. 2471. S13650 CONGRESSIONAL RECORD — SENATE December 19, 2001 Mr. HUTCHINSON. Mr. President, I sage. And, may I say, if we were some- we not, then, on a bipartisan basis, ask unanimous consent reading of the how able to move the Harkin-Daschle unite behind it? amendment be dispensed with. substitute through, get cloture, and I think it is clear that the farm pol- The ACTING PRESIDENT pro tem- get it passed this week, we would have icy in this amendment is much better pore. Without objection, it is so or- an enormous gap between this bill and than the current policy. We must also dered. the House bill, and, as Senator HARKIN consider whether our farmers are bet- (The text of the amendment is print- admitted last night, it would be weeks ter off with no farm bill at all, which ed in today’s RECORD under ‘‘Amend- before we could reach a consensus on appears to be where we are headed ments Submitted and Proposed.’’) those two bills. This is why I am offer- right now. I think my farmers have Mr. HUTCHINSON. Mr. President, I ing the bill that I offered with Senators been quite clear with me on this issue, ask unanimous consent to add, as co- LINCOLN, HELMS, MILLER, SESSIONS, as I am sure farmers in other States sponsors to the amendment, Senators LANDRIEU, and BREAUX earlier this have made it clear to their Senators. LOTT, HELMS, SESSIONS, and KAY BAI- year. This amendment, as I have said, is LEY HUTCHISON. We can debate the merits of the bills. very similar to the House-passed farm The ACTING PRESIDENT pro tem- There is no doubt that as this day and bill which ended up passing on a bipar- pore. Without objection, it is so or- this debate goes on, we will engage in tisan basis. I realize there were many dered. some substantial policy issues. How- hotly contested amendments through- Mr. HUTCHINSON. Mr. President, I ever, at the end of the day, we must out this process, but in the end this bill thank the majority leader, the major- have a bill that can get the votes nec- in the House enjoyed resounding bipar- ity whip, and Senator HARKIN for their essary to pass the Senate, be tisan support and should garner that cooperation and their willingness to conferenced, and signed by the Presi- kind of support in this Chamber as allow us to have this debate on, essen- dent this year. So far, the bill that has well. tially, the House-passed bill. been offered has not been able to gar- I am keenly aware that a number of This is the bill that was introduced ner the support necessary to get out of my colleagues from the other side of earlier this year in an effort to break the Senate and provide the support and the aisle believe they have garnered the logjam on a farm bill. It is a bipar- certainty that our farmers are asking concessions from Senator HARKIN and tisan bill, as it was introduced with for and desperately need. Senator DASCHLE and that their con- four Democrats and three Republicans. The fact that these votes appear to cerns have been addressed in the Har- To me, there is no doubt, as we come to be breaking down on party lines should kin-Daschle substitute. I am aware of this impasse, that the only way—abso- be troubling because agriculture is not that. I appreciate the willingness of lutely the only way—we will get a farm a partisan issue. Agriculture spans Senators DASCHLE and HARKIN to make bill signed into law this year is for us across all of our States and should not those concessions and to address con- to take up an easily conferenceable bill be allowed to degenerate into a par- cerns that various Senators had. But if with the House. tisan finger pointing contest. That is those concessions come at the price of I have talked with the chairman of what I have been hearing: accusations refusing to support a bipartisan ap- the House Agriculture Committee. If that one party or the other is blocking proach and the end result is that we we would pass this bill—this amend- the move on a farm bill this year. have no bill that goes forward out of ment, and then the amended bill—we That is why I am offering this this Chamber this year, we have no bill would be able to conference it within amendment. It is my sincere hope that that is passed and goes to the Presi- an hour, and we would be able to send this bipartisan proposal can help break dent for his signature, then I suggest it to the President. That is the only this logjam which is keeping us away that all those concessions and all those prospect we have of getting a much from our home States and, more impor- improvements in the Harkin-Daschle needed farm bill to the President this tantly, is denying our Nation’s farmers substitute bill are in fact meaningless year. That is why I rise to urge my col- the necessary fixes to what amounts to because they are not passed into law. leagues to move forward and support a broken farm policy. On Monday of this week, the Amer- this amendment. Is this the absolute best policy that ican Farm Bureau sent a letter, a pub- Since the beginning of this debate, I can come out of this Senate? Maybe lic letter, in which they wrote: have been urged by the farmers of my not. Will it have the type of funding The American Farm Bureau Federation en- State to try to get a farm bill com- numbers in it that everyone can go courages the Senate leadership to expedite pleted this year. Time and time again, back to their home State and expect debate and for the Senate to complete a new I have told them that I would do every- resounding praise for? Probably not. farm bill by noon next Wednesday, December thing I could to get a farm bill com- That is probably unlikely as well. 19. pleted this year. I have expressed sup- However, we must also consider That is the moment we have just port for the House farm bill. I have whether this proposal is, in fact, better passed. The Farm Bureau continued: worked with my colleagues to craft and than the policy with which our farmers It is vitally important that this legislation introduce this bipartisan proposal. It are currently dealing. What I hear from be enacted this year to provide an important was originally, when introduced, spon- the farmers in Arkansas—and I think economic stimulus to rural America before sored by a number of Members on both this is true across this Nation—is that Congress adjourns. sides. I supported, in the committee, they need certainty and predictability. I wholeheartedly agree with the sen- the Cochran-Roberts plan. I supported If they are going to have certainty and timents of the American Farm Bureau the chairman’s commodity title. In predictability, they need to have a in this letter. This is why I am offering fact, I believe I was the only Repub- farm bill. As they go to seek financing this amendment. If this amendment is lican in committee to support the arrangements for this next year, bank- adopted, I am confident we will be able chairman’s commodity title. I sup- ers are looking for some predictability, to move to invoke cloture and we will ported the passage of the chairman’s some certainty in farm policy. That pass a farm bill this year. I promised farm bill out of the Agriculture Com- can only happen if we pass a bill. the farmers of my State I would do ev- mittee. And I have supported cloture So the question is, is this amendment erything I could do to get a farm bill on the chairman’s substitute two that I am offering today—one that was completed this year. I am sure many of times. originally offered as a bipartisan pro- you have made the same promise. This I want a farm bill. I voted in support posal in this Chamber, and that was a is our opportunity to make good on of moving forward at every point dur- bipartisan vote in the House. In fact, in that promise and on that commitment. ing this debate. the House, there were 151 Republicans, To say to the farmers of America, I If this substitute is not going to 139 Democrats, and one Independent am going to march in lockstep with my move forward and go to conference, who voted for this bill. This is the only party leadership in spite of the fact perhaps it is time for a new approach. true bipartisan approach. If it is, in that the end result of that approach It is clear, after two cloture votes, that fact, better than current farm policy, will be no bill, no cloture, no Presi- the Harkin-Daschle substitute does not and is the only prospect of getting a dential signature, and no farm bill by have adequate support to move to pas- bill to the President this year, should December 31, is blind partisanship that December 19, 2001 CONGRESSIONAL RECORD — SENATE S13651 hurts the farmers of this country. This best noted the Hutchinson provision is more Mr. HUTCHINSON. I am glad to is our opportunity to pass a farm bill than 95 percent identical to the October 5th yield. this year. House-passed ‘‘Farm Security Act of 2001,’’ Mr. ROBERTS. This is a most inter- The policies included in this amend- and Senate passage of the Hutchinson provi- esting approach, it seems to me. I cred- sion is the only chance to finalize a farm bill ment have been supported by both Re- this year. it the Senator for trying to find a road publicans and Democrats in the House. ‘‘Senator Tim Hutchinson has worked for to break the logjam, to try to get out The policies included in this amend- producers in a positive, practical manner of the box canyon we seem to be in ment have been supported by both Re- each step of the way to move the Senate to with regard to concluding the farm publicans and Democrats in this Sen- completion of a farm bill, and today is hold- bill. ate. I urge my colleagues to join me in ing forth a light for Senators on the path to I must say at the outset that it is my a speedy conclusion of the farm bill,’’ said support of the amendment offered Combest. ‘‘Farmers and their lenders need understanding, basically, that your today. the certainty of a new farm bill as they pre- amendment is in the form of a sub- I urge my colleagues to support the pare now for the coming crop year. Senators stitute; is it not? completion of a farm bill this year. It can do a lot to ease farmers’ worries now and Mr. HUTCHINSON. It is a substitute. is not sufficient to say: I voted for clo- help our rural communities by passing the Mr. ROBERTS. Basically what you ture to end debate and get a farm bill Hutchinson provision today.’’ are trying to do is take the House farm Like the House-passed Farm Security Act, bill as passed. I just asked staff what it this year, if you know in your heart the bill introduced by Senators Hutchinson, that because of that stand, because of Blanche Lincoln, Jesse Helms, Zell Miller, passed by over there. It was 291 to 120. voting in lockstep and an unwilling- Mary Landrieu, and John Breaux not only That is a rather strong bipartisan dec- ness to take a bipartisan approach, an provides for a strong safety net, but it main- laration. Basically, what you are doing approach that we know can be tains planting flexibility and avoids harmful is taking the House farm bill under the conferenced with the House this year, market distortions. Also, like the House- banner that most people have been passed bill, the option offered for Senate talking about—the farm groups, the that is a self-defeating approach that vote today complies with WTO commitments will not be a sufficient answer to the and with the Budget Resolution passed by commodity groups, all the farm organi- farmers in this country. Congress while increasing investment in con- zations, and many of us on this side of This is our opportunity to get it servation programs to the highest levels the aisle and that side of the aisle have done. Let’s not waste it. ever. said for some time two key things: I ask my colleagues for their support Mr. HUTCHINSON. I will quote a por- One, move the bill, make sure we move for the amendment. Will it have every- tion of this for my colleagues. This was it, make sure we expedite it. thing in it? It most assuredly will not. placed on their Web page today, De- I would like to respond to the distin- It will in some areas. Will the funding cember 19, 2001, from House Agri- guished leader on the other side of the be as high? Will the commodity title culture Committee Chairman LARRY aisle. Senator DASCHLE indicated we not be as high as it is in the Harkin COMBEST. He commends this amend- have spent probably more time on this bill? The answer to that is, that is true. ment ‘‘for giving farmers a real pros- bill than at any time in the history of In some areas, it won’t. It won’t be a pect of getting a finalized farm bill this farm bills. The shortest amount of bill that will satisfy everybody. But it year.’’ He urges the Senate to pass this time we have ever spent in the Sen- is the only vehicle before the Senate. It amendment. Chairman COMBEST noted: ate—and I can refer to the House as is the only possible answer to the co- ‘‘The Hutchinson provision is more well—is 5 days and the longest is 31. All nundrum in which we find ourselves. It than 95 percent identical to the Octo- this time hasn’t been spent on the farm is the only possible way we can get a ber 5 House-passed Farm Security Act bill. I am not advocating more time; bill signed into law by the President of of 2001’’ and ‘‘Senate passage of the don’t misunderstand me. Chairman the United States. Hutchinson provision is the only HARKIN has worked very diligently to I repeat, the chairman of the Agri- chance to finalize a farm bill this move this process along. I credit him culture Committee in the House has year.’’ for that. But if, in fact, we are going to said this amendment, if adopted, would To my colleagues who think there get this done—and that was the key be easily and quickly conferenceable should be agreement on that point at premise of the many farm groups and with the House-passed bill, meaning this place in our deliberations, I com- commodity organizations and many of that before we leave this place for mend Chairman HARKIN for a tremen- us who said we need to expedite this in Christmas, we will be able to reward dous good faith effort to move forward an odd-numbered year, don’t put it off the farmers of this country with an the Senate Agriculture Committee- until a political year. And the other end-of-the-year commitment that their passed farm bill. He has given it a premise was, if I understand the Sen- farm policy is taken seriously by Con- wholehearted effort in the Senate ator and from most of the rhetoric in Chamber. He has provided opportuni- gress, that we have risen above blind this regard, to save the investment, the ties for amendments to be offered. I partisanship, that we are willing to put money, the $73 billion. The administra- commend him for that, though there the farmers of this country above party tion has indicated basically that they are still a number of serious amend- loyalty, and that we have done abso- don’t have any quarrel with the money. ments outstanding. We have twice lutely our level best to get a bill signed voted for cloture. We have not seen any Oh, I am sure they would like to come into law by the President. change in the breakdown. It is clear down somewhat, but I don’t think that I ask unanimous consent to have that as dedicated and as resolved as is the issue. It is the policy that is the printed in the RECORD the House Agri- Chairman HARKIN has been, the current issue. culture Committee’s Web page state- Harkin-Daschle substitute cannot gar- What the Senator is trying to do is ment today, December 19, 2001. ner the support of the Senate and can- say, OK, if we want to accomplish that There being no objection, the letter not be conferenced in time to get a bill and save the investment and expedite was ordered to be printed in the for our farmers this year. Chairman the progress, this is the way to do it, ECORD R , as follows: COMBEST is absolutely right: This is and that all this talk about stalling SENATE PRESENTED WITH PATH TO SPEEDY our last and best hope of doing it. and putting things off could be an- FARM BILL CONCLUSION I suggest many of my colleagues have swered by his amendment. Is that how ARKANSAS SENATOR TIM HUTCHINSON MOVES told their farmers face to face in their he sees it? FOR VOTE ON HOUSE-BASED BILL States that they will come here and do Mr. HUTCHINSON. Well, the Senator December 19, 2001.—House Agriculture their best to get a bill passed this year. has articulated it very well. If we are Committee Chairman Larry Combest com- I suggest we will not have done our serious about getting a farm bill done mended Arkansas Senator Tim Hutchinson best without the passage of this sub- this year—and people have said they for giving farmers a real prospect of getting want a bill this year—this is it; this is a finalized farm bill this year by urging the stitute, this amendment I have offered Senate to pass the House-based farm bill. today. the last alternative. If we want a bill The Hutchinson provision already has the bi- I reserve the remainder of my time. that is conferenceable, that can go to partisan support of Senators who cospon- Mr. ROBERTS. Will the distin- the President, this is it. sored the measure when it was introduced in guished Senator yield for a series of I think those who have said, ‘‘let’s the Senate November 9. Ag Chairman Com- questions? expedite the farm bill, get a bill passed S13652 CONGRESSIONAL RECORD — SENATE December 19, 2001 this year,’’ this is the litmus test. We set from the crop insurance reforms bill, however, that target price comes are going to find out whether this is that we did just last year. Is that not in right away. I might not agree with rhetoric or whether it is politics as correct? target prices—I don’t like that sys- usual, whether we want just an issue or Mr. HUTCHINSON. The Senator is tem—but at least there is a counter- a farm bill this year. correct. cyclical payment immediately in re- Mr. ROBERTS. If the Senator will Mr. ROBERTS. In addition, I hesitate gard to the bill. Is that not correct? yield further, I am not particularly en- to bring this up, but we got into a dis- Mr. HUTCHINSON. The Senator is amored with the House bill. If you cussion of what is amber and what isn’t correct. want to go a little bit further, I am in the progression of the World Trade Mr. DORGAN. I wonder if the Sen- really not enamored with the Senate Organization talks. I quoted a state- ator will yield for a question. bill. But we have been through that. ment from an outfit out of Missouri Mr. ROBERTS. I have one other We have had the Roberts-Cochran de- that tries to take a look at their crys- question. bate and that was fair. I credit the tal ball to evaluate the effects of farm The PRESIDING OFFICER. The Sen- chairman and everybody else for giving bills. I think they said we had a 30-per- ator from Arkansas has the floor. Mr. DORGAN. I am asking the Sen- us the time. I think we are headed cent chance under the Senate bill that we would be in violation of the WTO ator from Arkansas would he yield. down the wrong track with the Senate Mr. HUTCHINSON. Let me finish the cap, and that that would be an amber bill. I am not particularly enamored colloquy with Senator Roberts. with the House bill. light; that in 2 years it was bound to Mr. WARNER. At an appropriate Let me ask the Senator a couple of happen. I don’t know what the chances time, I would like the Senator to yield questions, if I might, to see if it is are in terms of the House farm bill, but for a minute, also. I will follow the more preferable in my mind to the Sen- it seems to me they could be less. I am Senator from North Dakota. ate bill because that is what this de- not an academic, in terms of fabric, to The PRESIDING OFFICER (Mr. NEL- bate is all about. determine that. I don’t have that crys- SON of Florida). The Senator from Ar- Now, the Senate bill frontloads the tal ball. Would the Senator say that kansas should be advised that he has 19 $73 billion to the tune of about $45 bil- would be the case? minutes left under the previous order. lion in the first 5 years. Then there is Mr. HUTCHINSON. I say to the Sen- Mr. ROBERTS. I will be very quick $28 billion on down the road. So I think ator from Kansas that it is my under- in terms of this question. The Senator we are taking away from the future standing that because some of the de- heard me state many times, having baseline—that is a fancy word for coupled payments in the Harkin- been involved in six farm bills, that money—for future farmers. It is my un- Daschle substitute are phased out, the Kiki de la Garza, chairman emeritus of derstanding that the House bill doesn’t likelihood in the course of the farm bill the House Agriculture Committee, do that; is that correct? of it becoming out of compliance is from Texas, who served longer than Mr. HUTCHINSON. The Senator is greater than that of the House-passed any other man as chairman, used to absolutely correct. That is one of the bill. talk about the best possible bill and strong reasons why this approach is Mr. ROBERTS. Then the key ques- the best bill possible. This could be the preferable. I call it the 5 fat years and tion is this, if the Senator will con- best bill possible if you believe you the 5 lean years, the 5 years of plenty tinue to yield. As he knows, in agri- want to move this process along, and and the 5 years of famine. That is the culture, we are going through some conference it with the House, and get a danger in frontloading. tough times. We are not in very good bill and save the investment of $73 bil- Mr. ROBERTS. If I may ask another shape for the shape we are in. One of lion. That has been the mantra over question, I know one of the sticking the real things I believe we have to do and over and over again. points we have here with many western is get Presidential trade authority and This is probably the best bill pos- Members is the amendment of the Sen- get our exports tracking. I am not sible. Again, I don’t particularly care ator from Nevada regarding water. If going to go into a long-winded speech for it. It seems to me that it would fit there is one thing that causes a lot of on that, but no farm bill, whether it is the description. Where are the concern out West, where we don’t have the bill being proposed by the Senator bravehearts of the farm organizations much of it, it is the situation where from Arkansas, or Cochran-Roberts, or and the commodity groups? Are they people worry about the federalization the Senate bill, the Daschle-Harkin still on the sidelines? What are they of State water rights. bill, can be successful unless we sell doing in this regard? That is all I have I am not going to get into that argu- the product. heard for the past 2 weeks. Are the ment one way or the other, but I know We have not been involved in the 133 bravehearts getting off the sidelines or that Senator CRAPO and others have a trade negotiations—except for two— at least indicating some interest? lot of concern. Some of the farm orga- ever since we lost the Presidential I talked with the House this morn- nizations have some concern also. That trade authority. We exported $61 bil- ing. They indicated that might be the is in the Senate bill. To my knowledge, lion of farm products about 3, 4 years case, and I am talking about staff in that is not in the House bill; is that ago. Now we are down to 50, maybe 51, terms of Mr. COMBEST and Mr. ROSS. correct? 52. Subtract that difference in terms of Are the bravehearts getting off the Mr. HUTCHINSON. The Senator is what we are selling and whether that is sidelines or what? correct. what you add up to with emergency Mr. HUTCHINSON. I would expect Mr. ROBERTS. Let me ask another spending. I don’t understand why we that. But this was, as the Senator question, if I might, if the Senator will don’t expedite consideration of the knows, filed last night and laid down continue to yield. One of the reasons Presidential trade authority. That is this morning, so there has been little that in the Senate bill they were able on the back burner with the leadership. time for the farm groups to weigh in to move the loan rate up to $3—and I That should not be the case. In lieu of one way or the other. am not going to rehash the old discus- that, we are going to have to have pro- But I think the strongest point in the sion on loan rates, as to whether they tection for farmers. In your State there question posed—while there is a lot of are market-clearing, or income protec- are rice, cotton, and soybean pro- debate about policy, we have spent the tion, or it should be $4, or $5, or $3, or ducers, and in my State of Kansas last 2 weeks at various times debating whatever. But we get into a lot of prob- there are corn, soybean, wheat, and the policy of these various bills. The lems in terms of market distortion and cotton producers—40,000 acres. strongest point that you made is the not really enough support, and the So the question is this: In terms of one that I have tried to base this entire money they use to increase the loan the support that would be going to amendment upon, and that is, it is the rates comes from crop insurance re- farmers, under the Senate bill that tar- only chance we have of getting im- form additions on down the road as we gets price, that countercyclical pay- proved farm policy, a bill actually get into future years of the farm bill. ment doesn’t come into effect until signed into law this year. To my knowledge, the House bill did 2004. A lot of farmers don’t understand That has been the hue and cry. That not—I am using strong words—rob, that, I don’t think, or they would not has been the demand of farm organiza- steal did not take away or find the off- be endorsing this bill. Under the House tions and farmers across this country, December 19, 2001 CONGRESSIONAL RECORD — SENATE S13653 that we finish a bill this year. This is my strongest support for his legisla- Mr. HUTCHINSON. Regular order, the only way we can do it. tion. Mr. President. Chairman COMBEST has said that. I Mr. HUTCHINSON. I thank the dis- Mr. DORGAN. The regular order is 2 think it is patently clear that, even tinguished Senator from Virginia, and minutes on our time. How much of that were the Harkin-Daschle substitute to I am grateful for that commitment of is consumed? be agreed to at this point, the dif- support. The PRESIDING OFFICER. The Sen- ferences between the House bill and the I inquire of the Senator, my col- ator’s 2 minutes have expired. Harkin-Daschle substitute are so great league from North Dakota, how much The Senator from Arkansas. that, in fact, it would take at least 3 time does he request? Mr. HUTCHINSON. I thank the weeks, as Senator HARKIN said last Mr. DORGAN. Let me ask the Sen- Chair. I thank my colleagues for the night, for that conference to be com- ator to yield. I will use 2 minutes of opportunity to visit. pleted. We would not have a bill in time that is allocated to the Senator I inquire as to exactly how much time to help our farmers or to meet from Iowa. time we have. that demand for it to be finished this The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- year. ator from Arkansas has the floor. ator has 13 minutes 42 seconds remain- Mr. ROBERTS. I thank the Senator Mr. HUTCHINSON. I yield without ing. Mr. HUTCHINSON. Mr. President, I for yielding. I have taken up too much losing my right to the floor. Mr. DORGAN. Well, parliamentary note many of the questions that arise time. There are very crucial questions, inquiry: We are using the time of the in a farm bill debate—some of those it seems to me, about what is in the Senator from Iowa but he doesn’t yield posed by both Senator WARNER and Senate bill and House bill and how fast the floor? Senator ROBERTS—deal with the com- we can move. The PRESIDING OFFICER. Yes. modity title. Obviously, those are I thank the Senator for his leader- Mr. DORGAN. I so appreciate the great concerns because all of us have ship. generosity here. Let me ask the Sen- our own constituencies. Mr. DORGAN. Will the Senator yield ator from Arkansas a question. The Harkin substitute that we are for a question? He says this is the last opportunity seeking to amend includes many ele- Mr. HUTCHINSON. I have been told for a farm bill, this amendment he is ments that farmers of Arkansas would my time has been reduced. We started offering. Is it not the case we will have support. It includes a yield update as this debate late and the vote is still a cloture vote following that and the well as a base acre update; it includes scheduled for 12:50, I believe. last opportunity for a farm bill will be a 100-percent base acreage coverage The PRESIDING OFFICER. The Sen- for us to break the filibuster that has versus the 85-percent base coverage in- ator is correct. occurred now day after day after day cluded in the House bill and my amend- Mr. HUTCHINSON. I will yield if the on the underlying amendment? Is that ment. time will come from that side of the not the last opportunity for the Senate These are, frankly, changes that aisle. to move a farm bill? would benefit many farmers in Arkan- Mr. DORGAN. Mr. President, how Mr. HUTCHINSON. As I said, I have sas, Louisiana, Alabama, and Mis- much time were the proponents offered voted for cloture and I will again vote sissippi. That is one of the reasons that on this unanimous consent request, for cloture. But even if cloture were in- I have supported the chairman’s mark. and how much time are we offered? voked and the Harkin-Daschle sub- However, this is what we must re- The PRESIDING OFFICER. Under stitute were adopted, it is not possible member. If these changes mean we will the previous order, the vote is called to conference it and get a farm bill to not be able to get a farm bill this year, for 12:50. After the reduction of the the President this year. it is time for us to seek a different ap- time, the Senator from Arkansas had Mr. DORGAN. That is a judgment I proach. While some of the funding lev- 45 minutes and the Senator from Iowa don’t share. The Senator has, in fact, els for the various commodities may had 10 minutes. voted for cloture. Almost all of his col- not be as high as we have in this sub- Mr. DORGAN. It is 45 minutes and 10 leagues on that side of the aisle have stitute, the average gross receipts are minutes. I am asking the Senator if he not. We have decided today to allow rather attractive to many farmers in will yield for a brief question. the Senator from Arkansas to offer his my State and other States as well. Mr. HUTCHINSON. Not on my time. amendment, which is essentially a I yield to the Senator from Okla- Mr. HARKIN. I will yield 2 minutes. farm bill. We say, yes, you offer yours; homa. The PRESIDING OFFICER. The Sen- let’s have a vote on that. Mr. NICKLES. Will the Senator yield ator from Arkansas has the floor. Why are the majority of the Members for a question? Mr. DORGAN. Let me ask if the Sen- on your side not willing to do the same Mr. HUTCHINSON. Yes. ator will yield and I will use a moment for our farm bill? Mr. NICKLES. I want to maybe take of time from the Senator from Iowa. Mr. HUTCHINSON. I am sorry. I am issue with the comments that were The PRESIDING OFFICER. The Sen- not sure—— made that Republicans have been con- ator from Arkansas has the floor. Mr. DORGAN. We have had a fili- ducting a filibuster on this bill. Will Mr. WARNER. Will the Senator yield buster day after day after day. We have the Senator correct me, but haven’t we for a quick question? had two unsuccessful votes to try to had germane amendments every day we I thank the Senator for his work on break it. Almost everyone on your side have been on this farm bill? peanuts. This is an industry which is of the aisle has voted to continue the Mr. HUTCHINSON. The Senator is threatened. In my State, we are talk- filibuster. You are now offering your correct. ing about small farmers, not the bil- amendment. We say go ahead and get a Mr. NICKLES. Then on the issue of lions going to the grain belt. I don’t vote on your substitute farm amend- cloture, some people are assuming if criticize that, but it is the small farm- ment; go ahead. We will agree to a vote you vote no on cloture you are filibus- er out there. on yours. Why do most of the members tering the bill. I disagree. We are dealing with people who are of the Republican caucus not agree to Isn’t it correct, if cloture were in- farming 40 acres, maybe 100 or so acres, the same thing with respect to the Har- voked, the amendment you are now of- sometimes 200. If I am correct, you are kin bill, or the Daschle bill that is the fering would be nongermane? raising the target price to $5.50? underlying bill on the floor of the Sen- Mr. HUTCHINSON. That is abso- Mr. HUTCHINSON. The Senator is ate? lutely correct. correct. Mr. HUTCHINSON. I can’t judge Mr. NICKLES. Isn’t it correct we Mr. WARNER. I thank you for that. their motives and I do not seek to. I have asked the Parliamentarian to give Then 10 cents a pound quota buyout for have urged them to vote for cloture. I us a ruling on Senator GRASSLEY’s 5 years, that is there. And allowing the think it is very important we have a amendment? Senator DORGAN was a co- producer to assign their base the first farm bill this year. But time is running sponsor. I hope he still is. I am afraid year and then reassign it the second out and I urge they support cloture. that would be nongermane. year, that is very important. I thank Mr. DORGAN. I would say the dis- Isn’t it correct that a lot of people the Senator and for that reason I give course between—— who have very legitimate interests in S13654 CONGRESSIONAL RECORD — SENATE December 19, 2001 agricultural policy want to offer Mrs. LINCOLN. I thank the Chair. had offered up his best, and the Senate amendments that, if cloture is invoked, Mr. President, today is December 19. had voted no. Now maybe we could pass they are denied that opportunity to do Twenty days ago, on November 30, our the farm bill. And then we continued to so? leaders made a motion to move to de- deliberate. We deliberated on December Mr. HUTCHINSON. The Senator is, of bate on the farm bill. That was just 13, 14, on December 17 and 18. course, correct. I respect that. The fact after Thanksgiving. Many farmers in Christmas grows near. Yesterday we is, the farm bill came very late in this Arkansas probably thought, finally, had another procedural vote in an at- session because we have been very in- the Senate is going to start voting on tempt to move the farm bill. The Sen- volved with a lot of important legisla- the merits of the farm bill. Members on ate voted on cloture. But we fell 6 tion dealing with 9–11. the other side of the aisle objected; votes short of the 60 needed to move My support for cloture, and the rea- they were not ready to move to the forward. Most Republicans voted no. son I urge my colleague to support it, farm bill. They said we did not need a They wanted more time to deliberate. is because we are running out of time. farm bill this year and we did not have It is beyond me who it may be out While there are legitimate amend- to deal with that issue right now; we there in our farmland of America, from ments and there are important amend- could put it off for another year, just whom they are hearing, who thinks we ments, I think we had too much finger as we have been putting farmers off for are not in an urgent situation of pro- pointing, too much of Democrats say- the last 4 or 5 years. They forced us to viding good agricultural policy. And I do not know, but maybe the Senator ing Republicans are filibustering. have a procedural vote. from Arkansas and I are the only ones Frankly, some of us question the mo- The White House continued issuing who hear from farmers who are ex- tives on the other side. We are running statements against considering a farm tremely anxious about whether or not out of time. bill this year, and our farmers waited. they are going to get their financing to Mr. NICKLES. If the Senator will Our farmers all across this Nation put seed in the ground next year or yield, that is the reason why I came to waited. whether or not they are going to be the floor. I heard this ‘‘filibuster’’ and On December 5, 5 days later, we had able to continue a family farm that has a vote that is hard to explain to folks I thought, wait a minute, this is a very been in their family for generations, outside the beltway. We voted on the complicated bill. We have been on it whether they are going to have to con- for a couple of days. But every single motion to invoke cloture on the mo- tinue to farm out the equity of that amendment—I believe we have had just tion to proceed to the farm bill. It farm in order to be able to continue as many amendments offered by Demo- passed 73 to 26. In other words, 73 Sen- farming. crats as Republicans or very close and ators thought we should begin debating Then the distinguished former chair- they have all been germane. the farm bill. But rather than allowing man of the Agriculture Appropriations I know there are several other the Democratic leadership to move for- Subcommittee and the former chair- amendments that are very germane but ward with the bill, Republicans forced man of the House Agriculture Com- might fall postcloture. I just wanted to us to wait several days and then vote mittee offered their alternative. Before understand from my colleague and on the motion to invoke cloture on the yesterday, there had not been any writ- maybe make an assertion that there is motion to proceed to the farm bill. ten copy of the Cochran-Roberts bill. not a filibuster. There is a desire to im- Now, with that vote behind us, many We could not review the bill on its mer- prove a bill that some of us believe is farmers in Arkansas probably thought, its. So it became known on this side of fatally flawed. finally, finally, the Senate is going to the aisle as ‘‘what will it take to get I will also ask my colleague, the bill start voting on the merits of a farm your vote?’’ we have pending, the so-called Harkin- bill now. A version of that bill had failed dur- Daschle bill that was reported out of Then, on December 5, December 6, 7, ing committee consideration. But yes- the partisan Agriculture Committee, 10, 11, and 12, we discussed the farm terday, it got its day in the Sun. And it isn’t that unusual? The facts are that bill. Hanukkah came and went. was fully debated on the Senate floor. the markup of agricultural policy for As my colleague from Oklahoma And it failed by a vote of 55 to 40. decades has been bipartisan. Unfortu- mentioned, this is a difficult bill. Farm With that vote behind us, many nately, it was not in this case in the bills always are. That is why we spent farmers in Arkansas probably thought, markup of the Agriculture Committee. the last year and a half discussing the Finally, the Senate is going to pass the Mr. HUTCHINSON. I say to my col- issues of this bill. farm bill. league from Oklahoma that my history In years past, we have tested the And that brings us to this day on the on the Agriculture Committee is pretty issues of a 5-year farm bill. And in the brink of another vote to bring the Ag- thin. This is my first time on an agri- last farm bill we found that the policy riculture Committee’s farm bill to an culture bill markup, so I can’t really we enacted in 1996 was completely in- up-or-down vote in the Senate. answer this question. But I will say adequate. We have been discussing that Now my good friend from Arkansas is this. While the bill that came out of for a year and a half. We have been prepared to offer a bill that he and I in- committee has been described as being talking about it in committee. We have troduced prior to the Senate Agri- culture Committee considering the a bipartisan bill, I was the only Repub- been talking about it among ourselves and with our colleagues on the other farm bill. lican to support that bill. So that can- We introduced that bill when we were side of the Capitol. not be considered nearly as bipartisan concerned that the Senate Agriculture The Senate is supposed to be the de- as the amendment I am now offering Committee wouldn’t pass a farm bill. which originally, when offered as a liberative body, and we have proven But the distinguished chairman of freestanding bill in the Senate, had that again with the weeks of debate on the Agriculture Committee, Senator a farm bill that took up 3 days of busi- four Democrats sponsoring it and three HARKIN, worked closely with us to craft Republicans. ness in the other body. For 3 days the a bill that fits the needs of all pro- So I would suggest if we are going to other body deliberated this issue, and ducers. talk about a bipartisan approach, this we have spent how much time here I am proud of the bill that came out is far more bipartisan than the bill over the course of the last 3 weeks? of committee. And I want to commend that came out of committee, unfortu- On December 12, the distinguished Chairman HARKIN for his hard work. nately. former chairman of the Agriculture I am prepared to vote in favor of final Mr. NICKLES. I thank my colleague. Committee, the Senator from Indiana, passage of the Harkin farm bill right Mr. HUTCHINSON. I inquire of my Mr. LUGAR, offered his alternative to now. It is a good bill. A strong bill that colleague from Arkansas as to how the commodity title of this bill. We de- has weathered 20 days of debate. much time she would request. bated its merits, and then it failed by But my friend from Arkansas wants a Mrs. LINCOLN. About 5 minutes. a vote of 70 to 30. vote on the bill we introduced earlier Mr. HUTCHINSON. I yield Senator Many farmers in Arkansas probably this fall. LINCOLN 5 minutes. thought, finally, the Senate is going to I will vote in favor of the Hutchinson The PRESIDING OFFICER. The Sen- finish up the farm bill. The leading Re- amendment because it reflects a bill ator from Arkansas. publican on the Agriculture Committee that I wrote. December 19, 2001 CONGRESSIONAL RECORD — SENATE S13655 But I warn my colleagues on the that my friend from Arkansas intro- Again I respond to my friend from other side of the aisle: Regardless of duced last night. In order to comply Kansas who said we robbed the crop in- the outcome of this vote, if you vote with the budget, they made changes, surance program to increase loan rates. against cloture at 1:15, you will reveal and what were the changes made? It is Let the record show, all we did was in- your true intentions regarding U.S. very interesting. Let’s just take a look clude a provision that extends the very farm policy for all America to judge. at two areas. same provision that Senator ROBERTS There will be no denying that you The Hutchinson amendment really put in his crop insurance bill last year. have no interest in moving a farm bill does gut conservation. In the Senate It was OK when he put it in last year. this year. bill we put $21.5 billion. The House has All we are doing is extending it. Now It will be obvious to every farmer $15.8 billion. The Hutchinson amend- somehow he says it is not OK. We did who is watching this debate. ment lowers that to an even $14 billion. not gut the crop insurance. If it was America’s farmers will know, with- But here is where most of the money good enough for Senator ROBERTS last out qualification, that you preferred to came from. I say to my friend from Ar- year, it is good enough for us to put it turn your back on them. You will have kansas, Senator LINCOLN and others, in now and extend it into the future. abandoned them in this time when we are interested in the small towns That is all we did. We did not in any they are desperate for a farm policy and communities. We want rural devel- way touch or gut the crop insurance based on the realities of American opment. program. farming in the 21th century. In the Senate bill we had $1.7 bil- I reserve the remainder of my time. That is a fine ‘‘Merry Christmas’’ lion—listen to this—over 5 years for The PRESIDING OFFICER. Who wish for rural America. rural development. The House bill has yields time? The PRESIDING OFFICER. The Sen- $1.17 billion over 5 years for rural de- Mr. HUTCHINSON. It is my hope to ator’s time has expired. velopment. So we are pretty close. The close for the amendment. Is it the in- Mrs. LINCOLN. May I ask unanimous Hutchinson amendment has—listen tent of the opponents of the amend- consent for 1 additional minute. carefully—$200 million over 10 years for ment to use the remainder of their The PRESIDING OFFICER. The time rural development. Gutted. time? is controlled by the other Senator from So if you want to have a balanced Mr. HARKIN. How much time re- Arkansas. farm bill and one that helps our small mains? Mrs. LINCOLN. I ask for 1 additional towns and communities, forget about The PRESIDING OFFICER. There minute. that amendment. He guts rural devel- are 21⁄2 minutes for the Senator from Mr. HUTCHINSON. I ask the Chair opment and puts it all into commod- Iowa. how much time is remaining on my ities. But even putting it into commod- Mr. CONRAD. I would like 1 minute side? ities, they backload it in 10 years. if I may. The PRESIDING OFFICER. Four What we have done is said there is a Mr. HARKIN. I yield 1 minute to my minutes. crisis out there right now and we need friend from North Dakota. Mr. HUTCHINSON. Judging from the to help farmers right now. For the life The PRESIDING OFFICER. The Sen- fact this is not a wholehearted endorse- of me, I do not understand, Mr. Presi- ator from Iowa yields 1 minute. ment of my amendment, perhaps dent, why the Senator from Arkansas Mr. CONRAD. I have said many times the—— would want to hurt his own rice pro- that the House-passed farm bill rep- Mrs. LINCOLN. I was just describing ducers. resents a good starting point. But it is the debate so far. Next year, under the committee bill, a starting point that can be improved. Mr. HUTCHINSON. Perhaps the re- the payment per acre for rice is $148.13 For example, the House bill falls well quest can be granted from the other under our bill. Under the amendment short of the bill out of the Agriculture side. of the Senator from Arkansas, the pay- Committee in its treatment of com- Mr. ROBERTS. I object. ment will be $96.18 per acre for his own modities such as sugar, soybeans, sun- The PRESIDING OFFICER. Who rice farmers. Why he would want to flowers, canola, barley, and the pulse yields time? offer an amendment to penalize his crops of dry beans, lentils, and chick- Mrs. LINCOLN. I ask unanimous con- own rice farmers, I have no idea, be- peas. In dairy, the Senate bill is sub- sent for 1 additional minute. cause they go back to the old bases and stantially better than the House bill. Mr. ROBERTS. I object. yields. We update the yields. Look at The House bill skimps on commodity The PRESIDING OFFICER. Objec- next year. Our payment next year is support in its first year, providing less tion is heard. $148 per acre on rice; the Hutchinson than half the support provided by the Who yields time? amendment is $96 per acre on rice. Senate bill in its first year. If the The Senator from Iowa. With corn, we pay $36.67 per acre; the House bill prevails, we may very well Mr. HARKIN. How much time do I Hutchinson, $26 per acre. Wheat is find ourselves back here late next year have, Mr. President? $18.90 under our bill, $15.54 under Mr. considering supplemental support for The PRESIDING OFFICER. The Sen- Hutchinson’s amendment. agriculture again. I believe our goal ator has 8 minutes. This amendment is not well thought should be to improve the House bill. We Mr. HUTCHINSON. May I inquire of out. It is not even the House bill. It is cannot do it if we simply accept it the Chair, do I still control the floor? not the House bill at all. today. The PRESIDING OFFICER. The One more time for the record, I say The chairman has made clear what is Chair was inquiring who yields time, to my friend from Oklahoma, nine ti- before the Senate is not even the House and the Senator from Iowa made an in- tles were approved in our committee bill. quiry and was recognized. The Senator unanimously—unanimously. Bipar- Mr. HUTCHINSON. I have 4 minutes from Iowa has the floor. tisan, not one dissenting vote. Senator remaining. Mr. HUTCHINSON. I simply was LUGAR and I worked it out. We worked The PRESIDING OFFICER. The Sen- going to reserve the remainder of my it out with Senator HUTCHINSON and all ator has 31⁄2 minutes. time for closing. the Republicans and Democrats on the Mr. HUTCHINSON. I yield 1 minute The PRESIDING OFFICER. The Sen- committee. The only title that did not to the Senator from Kansas. ator’s time is reserved. come out unanimously was the com- The PRESIDING OFFICER. The Sen- The Senator from Arkansas has 4 modity title. Even the Senator from ator from Kansas. minutes. The Senator from Iowa has Arkansas voted for that, so at least it Mr. ROBERTS. I thank the distin- 71⁄2 minutes. has some bipartisan support. guished Presiding Officer and my col- Mr. HARKIN. Mr. President, I will When the Senator says this is some league. yield myself 5 minutes, and I would ap- kind of hugely partisan bill, that is It seems to me we have a paradox of preciate the Chair announcing when nonsense on its face. All you have to do enormous irony. The majority has, for my 5 minutes is up. is please check the record. This bill had weeks, talked about and urged passage Mr. President, first of all, this is not strong bipartisan support in the com- of a farm bill to protect the investment the House bill. This is not even the bill mittee. in agriculture, the $73 billion provided S13656 CONGRESSIONAL RECORD — SENATE December 19, 2001 for in the budget, and to expedite con- who have said there are obstructionists [Rollcall Vote No. 376 Leg.] sideration with the House of Rep- trying to get a farm bill passed will be YEAS—59 resentatives, and we could pass the bill in a position of voting against the one Baucus Durbin Mikulski this year. that could be signed into law by the Bayh Feingold Miller Today, let the record show, whether end of this year. Biden Feinstein Murray Bingaman Graham Nelson (FL) it might be minor differences between I yield the floor. Boxer Gregg Nelson (NE) the bill offered by the distinguished The PRESIDING OFFICER. The Sen- Breaux Hagel Reed Byrd Harkin Reid Senator from Arkansas and the House ator from Iowa. bill, the majority is now going to vote Cantwell Hollings Rockefeller Mr. HARKIN. I yield 30 seconds to Carnahan Inouye Sarbanes against the House position before they the Senator from North Dakota. Carper Jeffords Schumer go to conference. I think that is a par- Chafee Johnson Smith (NH) adox. I think that is unique. I think Mr. DORGAN. This does not wash—to Cleland Kennedy Smith (OR) Clinton Kerry Snowe that is unprecedented. stall for 2 months, to filibuster for 2 weeks, then walk around here pre- Collins Kohl Specter I thank the Senator for the time. Conrad Landrieu Stabenow The PRESIDING OFFICER. The Sen- tending you are out of breath from run- Corzine Leahy Torricelli ator from Arkansas. ning so far. Every step of the way, we Daschle Levin Voinovich had people on that side of the aisle try- Dayton Lieberman Wellstone Mr. HUTCHINSON. Let me say very Dodd Lugar Wyden quickly in wrapping up, I appreciate ing to prevent us from writing a farm Dorgan McCain bill, and now they are coming to the working with the chairman, and I NAYS—38 think he made a good faith effort. floor saying: We are trying to move it along. Allard Edwards Lott As far as the conservation is con- Allen Ensign McConnell cerned, I will respond by saying I of- This is a sure way to try to move it Bennett Enzi Nickles fered increases: The average annual along—filibustering through two clo- Bond Fitzgerald Roberts ture votes. We will see at 1:15 if they Brownback Frist Santorum funding level from $200 million to $1.3 Bunning Gramm Sessions billion a year for the EQIP program. give us help to move it along. Burns Grassley Shelby Livestock and crop producers each re- The PRESIDING OFFICER. The Sen- Campbell Hatch Stevens ceive 50 percent of the funding. On the Cochran Hutchinson Thomas ator has 47 seconds remaining. Craig Hutchison Thompson issue of the rice, the average gross re- Mr. HARKIN. The time for games is Crapo Inhofe Thurmond ceipts over the 5 years is $11.90 per hun- over. The fact is, the White House DeWine Kyl Warner dredweight under the House bill and itself has said we should not have a Domenici Lincoln the amendment I offered. farm bill this year. The ranking mem- NOT VOTING—3 Yes, yours is higher, but they are not ber of the Agriculture Committee, Sen- Akaka Helms Murkowski being penalized. It is a bill and a posi- ator LUGAR, has said that. The Sec- The motion was agreed to. tion that the Rice Federation and rice retary of Agriculture has said that. Mr. HARKIN. I move to reconsider producers endorsed because they knew The entire Republican hierarchy down- the vote. it was good for rice when the bill was town and here have said time and time Mr. NICKLES. I move to lay that mo- introduced. again we should not have a farm bill tion on the table. However, we could argue day and this year. Since this amendment is dif- The motion to lay on the table was night about this funding and which bill ferent from that of the House, it would agreed to. is better for the various crops. The re- still require a conference. The PRESIDING OFFICER (Mr. MIL- ality is, if Members want a farm bill Again I say, Mr. President, now is the LER). The Senator from Iowa. this year, if Members want a bill this time to pass a good bill. If we get clo- Mr. HARKIN. Mr. President, par- year, this is it. You can bump it up an- ture today and we can close this bill liamentary inquiry: What is the order other few billion and maybe everybody down, we can conference our bill in the of business now before the Senate? in the world will be happy, but if you next 2 days and we can go into con- The PRESIDING OFFICER. The clo- cannot pass the bill, it doesn’t help the ference with a good bill, not with an ture vote is the next order of business. farmers. amendment that is less than what the Mr. HARKIN. Mr. President, I under- The latest figures show that the Har- House has. stand there is no time remaining. I ask kin substitute would cost $45.2 billion unanimous consent that I be given 1 I urge defeat of the Hutchinson over baseline in the first 5 years, leav- minute and that the other side be given amendment. ing only $28.3 billion for the second 5 1 minute prior to the cloture vote. years. Basically, if we do this, we will I move to table the Hutchinson The PRESIDING OFFICER. Is there eliminate the funding available in the amendment and ask for the yeas and objection? years 2007 - 2011. That is why I say nays. Without objection, it is so ordered. these will be the years of plenty and The PRESIDING OFFICER. Is there a The Senator from Iowa. those will be the years of famine. sufficient second? Mr. HARKIN. Mr. President, we will This amendment is balanced, and it There is a sufficient second. now go to a cloture vote. It will be the is reasonable, and it has broad support The hour of 12:50 having arrived, third cloture vote. The majority leader in the Agriculture Committee and the under the previous order, the question has said that will be it, because this is agricultural community. It is bipar- is on agreeing to the motion to table. Wednesday. To finish the 30 hours after tisan. It was introduced as a bipartisan The yeas and nays have been ordered, cloture, if we got cloture, would re- bill. and the clerk will call the roll. quire the rest of the week. We all want The basic, underlying, fundamental The assistant legislative clerk called to get out of here by Friday or Satur- point is this: It is the only bill that is the roll. day—I hope. So this really would be conferenceable with the House. It is the last opportunity to have closure on Mr. REID. I announce that the Sen- the only bill that has any chance at all the farm bill. of being signed into law this year. If ator from Hawaii (Mr. AKAKA) is nec- We have had good votes. We voted on you have told your farmers that you essarily absent. the Lugar substitute. We voted on are going to do everything within your Mr. NICKLES. I announce that the Cochran-Roberts. We voted on Hutch- power to get a farm bill passed this Senator from North Carolina (Mr. inson. There may be other amend- year, then you need to vote for this HELMS) and the Senator from Alaska ments. They should be germane. Some- amendment. (Mr. MURKOWSKI) are necessarily ab- body said about cloture, it cuts off This will be the highest of ironies, I sent. amendments. It does not cut off any say to my friend from Kansas, that I further announce that if present germane amendments to this agri- those who have said they don’t want to and voting the Senator from North culture bill. delay a farm bill are going to vote Carolina (Mr. HELMS) would vote ‘‘no.’’ So let’s have the cloture vote. We get against the one vehicle by which they The result was announced—yeas 59, our 30 hours. At least then we can fin- can get a farm bill this year; that those nays 38, as follows: ish the bill. Then the staff can work on December 19, 2001 CONGRESSIONAL RECORD — SENATE S13657 it in January, and when we come back course, we will still entertain 30 hours package, and see if we can get an on January 23, we can meet in a short of debate for germane amendments. As agreement on the terrorism reinsur- conference and get the bill to the I have done on several occasions, we ance and bioterrorism. Those are the President before the end of the month. will also entertain unanimous consent issues we really can do, should do, and If cloture is defeated, I can assure requests to consider amendments that I hope we will do. you, all of my fellow Senators, the are not germane. I urge my colleagues, do not rush to President will not get this bill until But time has run out. This is the judgment. Let’s not be forced to invoke sometime in March or April, if even third cloture vote. We have a lot of cloture when there are important then. So this is the last train out of the other legislation that must be ad- amendments that would be cut off, station. I hope we can get it done. dressed before the end of the week. We such as the one Senator GRASSLEY has The PRESIDING OFFICER. The Sen- have three conference reports on appro- on limitations. ator’s time has expired. priations that must be completed. We There is no need to be panicked here. The Senator from Indiana. have other legislation of import to We can do this. We can do it right. We Mr. LUGAR. Mr. President, we both sides of the aisle that must be ad- cannot cut off our colleagues who have worked with the distinguished chair- dressed and, hopefully, completed. good amendments. We can complete ac- man carefully. There are a large num- I announced earlier today that if we tion in due time and get a good farm ber of issues that must be discussed be- fail to get cloture on this vote, we will bill well before the law expires. fore this bill is perfected. have no other choice but to go on to The PRESIDING OFFICER. The ma- In good faith, I ask the Senate to other issues. That will terminate the jority leader. give us opportunities to perfect this debate and end any possibility that we Mr. DASCHLE. Let me respond brief- bill. It must be perfected, in my judg- could complete our work on the farm ly. First of all to the Grassley amend- ment, if the President is to sign it, if bill this year. ment, we are told now that it is ger- we are to have a successful conference, I put all my colleagues on notice, mane, and certainly it would be eligi- and in fact if we are to have successful after three cloture votes we need to ble for consideration. That goes to the agricultural policy. move on. It is up to both of us, Repub- point I made just a moment ago. A lot In fairness, there are a number of licans and Democrats, to make that de- of amendments that are still pending amendments that must be heard that, cision. We can finish this bill. We can will certainly be entitled to consider- in due course, will have to be heard accommodate all the other items that ation, entitled to a vote, and that is as somewhere in the land. This is the need to be addressed, but we have to it should be. proper forum and the proper time. I move on. Germane amendments for 30 I also note the Republican leader’s ask my colleagues to vote against clo- hours ought to be enough for every- comment that this has been a partisan ture to keep the process alive because body who has debated this bill now for process. I am told by the chair of the I am confident we will improve the bill over 2 weeks. I ask my colleagues to committee that we have never had as if we have that opportunity. vote for cloture. Let’s get this work many unanimous votes in a markup as I thank the Chair. done. we had with consideration of this farm CHANGES TO H. CON. RES. 83 PURSUANT TO I yield the floor. bill. Of the titles that were passed out SECTION 213 The PRESIDING OFFICER. The of the committee relating to this bill, Mr. CONRAD. Mr. President, section Chair recognizes the Republican leader. nine of them passed unanimously. Only 213 of H. Con. Res. 83, the FY 2002 Budg- Mr. LOTT. Mr. President, I yield my- one failed unanimity. That doesn’t et Resolution, permits the chairman of self leader time so I may respond. I sound partisan to me. the Senate Budget Committee to make know Senator DASCHLE might want to The commodity title was the only adjustments to the allocation of budget close the debate. title that generated votes on both authority and outlays to the Senate Let me just emphasize on this issue, sides. Every other vote, in all nine ti- Committee on Agriculture, provided first of all, I don’t believe this is a tles, was passed unanimously. certain conditions are met. record. I think if you go back and Again, as to the assertion that we Pursuant to section 213, I hereby sub- search the record, we have spent as can wait, I must say I urge you all to mit the following revisions to H. Con. long as 30 days on an agriculture bill. refer to the Budget Committee and Res. 83. We could go back and forth over what their projections that, by waiting, we The revisions follow: the length of time was. The important chance losing $25, $30, $40 billion in Current Allocation to the Senate thing, though, is to get the right thing budgetary authority. This in essence is Committee: done. a vote to cut agriculture by a substan- ($ millions) This legislation does not expire until tial amount of money, if we fail cloture FY 2002 Budget Authority ...... 21,175 next year. We are not going to get a now, if we don’t take full advantage of FY 2002 Outlays ...... 17,856 FY 2002–06 Budget Authority .... 69,640 conference agreement on this legisla- the budget window we have available FY 2002–06 Outlays ...... 52,349 tion whether we complete action now to us. FY 2002–11 Budget Authority .... 114,692 or next week or sometime before the We can’t wait. I know the adminis- FY 2002–11 Outlays ...... 80,210 end of the year. The conference will go tration has urged that we wait, the Adjustments: ...... well into the next year. I suspect this Secretary of Agriculture has urged FY 2002 Budget Authority ...... 0 will be a pretty difficult and long con- that we wait. I must say, 32 or more FY 2002 Outlays ...... 0 FY 2002–06 Budget Authority ...... 37,751 ference. There is no need to continue to farm organizations have urged us to FY 2002–06 Outlays ...... 34,465 have this vote. act now. Why? Because they are wor- FY 2002–11 Budget Authority ...... 66,150 Unfortunately, this is the most par- ried about the budgetary implications. FY 2002–11 Outlays ...... 66,150 tisan farm bill I recall seeing in my 29 Why? Because they want farmers and Revised Allocation to the Sen- years in the Congress. Farm bills are ranchers to have the opportunity to ate Agriculture Committee: .. almost always, if not always, very bi- make the transition. Why? Because the FY 2002 Budget Authority ...... 21,175 partisan in the way they are brought Department of Agriculture normally FY 2002 Outlays ...... 17,856 FY 2002–06 Budget Authority ...... 107,391 out of committee and the way they are needs 6 months to make the transition. FY 2002–06 Outlays ...... 86,814 considered on the floor. Unfortunately, There are plenty of reasons it is impor- FY 2002–11 Budget Authority ...... 180,842 that has not been the case here. tant for us to bring this debate to a FY 2002–11 Outlays ...... 146,360 Farm legislation is very important. close. Let’s do it. Let’s move on to the The PRESIDING OFFICER. The ma- We should make sure, when we come other issues we have to confront. Then jority leader is recognized. back next year, this is the first issue let’s going home for Christmas. Mr. DASCHLE. Mr. President, we pending and complete action. In the Mr. NICKLES. Will the majority have been on this bill for almost a meantime though, we should keep our leader yield? record length of time now. I am told focus on the three appropriations con- Mr. DASCHLE. I am happy to yield that tomorrow we will break the record ference reports, seeing if we can get a to the Senator from Oklahoma. for the length of time a farm bill has bill through that will help the families Mr. NICKLES. The majority leader been debated. If we get cloture, of and the unemployed on the stimulus referred to the fact that a lot of farm S13658 CONGRESSIONAL RECORD — SENATE December 19, 2001 organizations support this bill. Was the call they had yesterday. That is true, The PRESIDING OFFICER. By unan- majority leader aware that the Amer- they are opposed. He said to me—and I imous consent, the mandatory quorum ican Farm Bureau Federation wrote a asked, May I relate this? He said yes— call under the rule has been waived. letter today, December 19, which reads they are absolutely in favor of cloture, The question is, Is it the sense of the in part: of bringing this to an end. But then Senate that debate on the substitute The American Farm Bureau Federation again he said they would be opposed to amendment No. 2471 to S. 1731, the Board of Directors in a special meeting on the bill if it had that water right in it. farm bill, shall be brought to a close? Tuesday, December 18, 2001 voted to oppose But he told me on the phone this morn- The yeas and nays are required under senate passage of the farm bill if it contains ing they were absolutely in favor of the rule. the water language that your amendment is cloture and bringing it to a close. The clerk will call the roll. intended to strike. Mr. DASCHLE. Mr. President, the The legislative clerk called the roll. I ask unanimous consent to have this time has come for us to move to the Mr. REID. I announce that the Sen- letter printed in the RECORD. other important pieces of legislation ator from Hawaii (Mr. AKAKA) is nec- There being no objection, the letter that have to be addressed. Let us com- essarily absent. was ordered to be printed in the plete our work on this bill. We have Mr. NICKLES. I announce that the RECORD, as follows: been on it long enough. We have de- Senator from North Carolina (Mr. AMERICAN FARM BUREAU bated every conceivable amendment. I HELMS) and the Senator from Alaska FEDERATION, think the time has come for us now to (Mr. MURKOWSKI) are necessarily ab- Washington, DC, December 19, 2001. sent. Hon. MICHAEL CRAPO, complete our work. U.S. Senate, Russell Senate Office Building, I yield the floor. The PRESIDING OFFICER. Are there Washington, DC. Mr. SESSIONS. Will the majority any other Senators in the Chamber de- DEAR SENATOR CRAPO: I am writing to con- leader yield for a question? siring to vote? vey the strongest support possible of the The PRESIDING OFFICER. Will the The yeas and nays resulted—yeas 54, American Farm Bureau Federation for your Senator yield? nays 43, as follows: amendment to strike the Reid water rights Mr. DASCHLE. I will yield. I know [Rollcall Vote No. 377 Leg.] language from the conservation title of S. 1731. This language poses an extraordinary there is a Senator on the floor who YEAS—54 new threat to agriculture and the ability of needs to catch an airplane. This will be Baucus Dorgan Lieberman farmers and ranchers to remain economi- the last time I yield. Bayh Durbin Lincoln cally viable. Mr. SESSIONS. My request would be Biden Edwards Mikulski The water provisions in the bill set a dan- that there be one last attempt to make Bingaman Feingold Miller gerous precedent that would erode historic Boxer Feinstein Murray a bipartisan compromise here. We have Breaux Graham Nelson (FL) state water law. Additionally, it will expand people such as Senator LUGAR, Senator Byrd Harkin Nelson (NE) the scope of the Endangered Species Act to COCHRAN, Senator GRASSLEY, Senator Cantwell Hollings Reed cover a new category of species that are not Carnahan Hutchinson Reid in fact threatened or endangered. These Roberts, with deep histories in farm Carper Inouye Rockefeller changes are unacceptable to agriculture and legislation, who are troubled by this Chafee Jeffords Sarbanes will affect agricultural producers well be- bill. I believe we can work it out, as we Cleland Johnson Schumer yond those who participate in the Conserva- have in several other last-minute cir- Clinton Kennedy Snowe Collins Kerry Specter tion Reserve Program. cumstances. But to just shelve it with Conrad Kohl Stabenow The American Farm Bureau Federation no willingness to give on the majority Corzine Landrieu Torricelli board of directors in a special meeting on leader’s side is not healthy. Dayton Leahy Wellstone Tuesday, December 18, 2001 voted to oppose Dodd Levin Wyden Senate passage of the farm bill if it contains Will the majority leader try that? NAYS—43 the water language that your amendment is Mr. DASCHLE. Mr. President, let me intended to strike. say, we will have 30 hours, 30 hours of Allard Enzi Nickles Sincerely, debate, to try every conceivable new Allen Fitzgerald Roberts Bennett Frist Santorum BOB STALLMAN, avenue to reach some compromise. I Bond Gramm Sessions President. am more than willing to sit down with Brownback Grassley Shelby Mr. NICKLES. It is just one farm or- our two managers, with other Senators Bunning Gregg Smith (NH) ganization, but it happens to be the who have an interest in completing our Burns Hagel Smith (OR) Campbell Hatch Stevens largest farm organization in the coun- work. Cochran Hutchison Thomas try. The real question is whether or not Craig Inhofe Thompson Mr. DASCHLE. Mr. President, I we want to finish the farm bill this Crapo Kyl Thurmond haven’t seen the letter, but I will tell Daschle Lott Voinovich year. I hope people can say on both DeWine Lugar Warner you, the Farm Bureau has probably sides of the aisle in the affirmative, Domenici McCain been the leader of all farm organiza- yes, we will finish our bill this year. Ensign McConnell tions in urging the Senate not to delay. We will complete our work as all farm NOT VOTING—3 It is one thing to vote for or against a organizations and as our responsibility Akaka Helms Murkowski particular piece of legislation relating dictate. to amendments that may or may not I yield the floor and ask for the vote. The PRESIDING OFFICER. On this be offered. But it is another thing alto- The PRESIDING OFFICER. Under vote, the yeas are 54, and nays are 43. gether to complete our work. The the previous order, the clerk will re- Three fifths of the Senators duly cho- Farm Bureau, the Farmers Union, vir- port the motion to invoke cloture. sen and sworn not having voted in the tually every farm organization known The assistant legislative clerk read affirmative, the motion is rejected. to this country has urged the Senate to as follows: The majority leader. Mr. DASCHLE. I enter the motion to complete its work, and to do it this CLOTURE MOTION week—not next week, not in February, reconsider the cloture vote. We, the undersigned Senators, in ac- Mr. JOHNSON. Mr. President, I rise not March, but now. cordance with the provisions of rule The Farm Bureau, the Farmers to express my grave disappointment at XXII of the Standing Rules of the Sen- the failure of the Senate to achieve Union, all the other farm groups have ate, hereby move to bring to a close said that. I think those positions ought cloture on S. 1731, the Senate farm bill. the debate on the Daschle for Harkin Today, as on two other occasions in the to be made clear as well. substitute amendment No. 2471 to Cal- I yield to the Senator from Iowa. last 13 days we have debated the farm Mr. HARKIN. Mr. President, I want endar No. 237, S. 1731, the farm bill: bill in the Senate, a majority of our to respond to my friend from Okla- Paul Wellstone, Tim Johnson, Bill Nel- body has voted for cloture, a par- homa. I spoke with Mr. Bob Stallman son, Harry Reid, Blanche L. Lincoln, liamentary tool applied to end exces- Zell Miller, Barbara Boxer, Byron L. this morning on the phone. He is the Dorgan, Max Baucus, Thomas Carper, sive debate and to ensure we could fin- president of the American Farm Bu- Ben Nelson, Kent Conrad, Tom Harkin, ish the farm bill by the end of the year. reau Federation. He referred to this Patrick J. Leahy, Fritz Hollings and Unfortunately, even though a majority letter. He referred to the conference Jean Carnahan. of the Senate wants to pass a farm bill December 19, 2001 CONGRESSIONAL RECORD — SENATE S13659 this year, the Senate Republican leader Second, that we mend the farm income allowance for an update on a farmer’s has blocked an up-or-down vote on the safety net now because the experience yields and planted acreage for the pur- farm bill, forcing the Senate to revisit of the 1996 farm bill has painfully pose of making price support pay- this issue next year. It requires 60 taught us that it does not provide fam- ments. None of these provisions are votes to terminate a filibuster and to ily farmers and ranchers a meaningful contained in the House farm bill. allow the Senate to proceed with its income safety net when crop prices col- We have more work to do. In addition work. lapse. Thus the need for a new farm bill to completing action on the farm bill, Today, farmers and ranchers across is clear. we should address common-sense pay- South Dakota and the entire country Some will allege the Senate did not ment limitations in the farm bill so are busy doing their jobs. They are have time to fully debate the merits of family farmers and ranchers truly ben- maintaining their operations, feeding S. 1731, the Senate farm bill. However, efit from it. I look forward to next year livestock, deciding what to plant for that is clearly not the case. Rather, in and our endeavor to provide America’s the 2002 crop year, discussing prices, the last 13 days we have debated the family farmers and ranchers with a expenses and economic matters with farm bill, approximately 20 amend- new farm bill. their lenders, all in anticipation that ments were proposed to the underlying Mr. NELSON of Nebraska. Mr. Presi- Congress will do their jobs and com- bill. Three of these amendments were dent, I rise in support of the Daschle plete a farm bill this year. The only comprehensive alternatives to the farm substitute to the committee-passed problem is that Congress, namely a bill passed out of the Senate Agri- bill. certain number in the Senate, has culture Committee. Of these three sub- Let me begin my statement by point- failed family farmers and ranchers by stantial alternatives, one was a pro- ing out that every farmer I talk with rejecting action on the farm bill this posal by Senator LUGAR to overhaul in Nebraska wants Congress to pass a year. Despite the fact that every major the farm bill’s commodity title with a new farm bill this year. This legisla- farm and ranch organization in the severe reduction in support to South tion is awfully important to tens of country wanted to complete action on Dakota’s crop producers, essentially by thousands of farm families in Nebraska the farm bill this year, a certain num- eliminating the marketing loan pro- and they are asking me to get it done. ber in the Senate ignored these 32 gram. On December 12, the Senate For my State, with its 55,000 farm groups. In fact, Mr. Bob Stallman, the voted against the Lugar amendment on families where we have more cows than President of the American Farm Bu- a 70–30 vote. Then, yesterday, the Sen- people there may be no greater eco- reau Federation has been quoted as ate debated at great length an alter- nomic stimulus package than the farm saying that a vote against cloture is a native to the farm bill offered by Sen- bill. slap in the face to farmers. Unfortu- ators COCHRAN and ROBERTS. Their al- Many of my colleagues have thanked nately, Farm Bureau, Farmers Union, ternative would have revamped many Chairman HARKIN, ranking member and all the other farm groups were ig- titles of the farm bill, including major LUGAR, and their staffs for their hard nored today and on two prior cloture changes to the commodity and con- work in getting this bill together. Let votes. On three separate occasions the servation titles. Yesterday, the Senate me add my thanks. It was not an easy U.S. Senate was given an opportunity rejected the Cochran-Roberts alter- job. to demonstrate how important family native by a 40–55 vote. Finally, today, But then, neither is farming in an en- farmers, ranchers, and rural commu- Senator TIM HUTCHINSON offered a near vironment where commodity prices for nities are to the overall well-being of identical version of the House-passed crops remain at historic lows for the the country, because the Senate had farm bill (HR 2646) for consideration fourth straight year. cloture votes on three separate days. and debate in the Senate. Today, the Or where livestock producers—the On three occasions the Senate was Senate soundly rejected the House pro- largest sector of agriculture in my given a chance to say we’ll write a new posal by a 38–59 vote. In the final anal- state—are facing costly new environ- farm bill this year, we’ll go to con- ysis, a clear majority in the Senate has mental regulations with frightfully few ference with the House, and we’ll send gone on the record in opposition to federal resources to help share the bur- a bill to the President. On three occa- three major farm bill alternatives. I den. sions the Senate was given an oppor- am confident that if we were allowed a So I rise in support of this legislation tunity to send a message to farmers straight up-and-down vote on the Sen- and ask my colleagues to join me in its and ranchers all across the country ate farm bill, we would pass it. How- consideration. that we care about them, that we want ever, certain Senators have resorted to This bill breathes new life into our a better farm bill for rural America, stall out the farm bill, essentially kill- commodity programs, provides nutri- and that it was important to us to de- ing it for the year. tion programs for hungry children and liver a new farm bill to them. Yet, on Finally, I will do all I can to make adults, supports our international food Thursday, December 13, the Senate ob- sure the farm bill is the very first order donation and trade efforts, and pro- structed action on the farm bill by a of business that we take up in 2002. We tects millions of acres of environ- 53–45 vote. Then on Tuesday, December may still have time to pass a farm bill mentally sensitive land, among many 18 and today, Wednesday December 19, in the Senate, conference with the other important priorities. the Senate rejected cloture on a 54–43 House, and send a bill to the President. It makes a real commitment—both in vote each day. Rejecting cloture sim- In the meantime, I will continue to programs and funding—to rural devel- ply means a rejection of the farm bill fight for South Dakota’s priorities in opment. I have worked with many Ne- this year. That is very unfortunate. the farm bill. Some of these priorities braskans involved in rural development I have repeatedly said it is crucial for include; my provision to forbid in their communities, and these are the Congress to complete action on the meatpacker ownership of livestock, provisions they asked for: Access to farm bill, conference with the House, which will restore fair competition in venture capital. Adequate funding for and send a bill to the President for his the marketplace; my provision to pro- water and sewer projects. Greater ac- signature this year, if not very early vide for country-of-origin labeling of cess to broadband service. More fund- next year, in order to ensure two very beef, lamb, pork, fruits, vegetables, ing for value-added product develop- important things. peanuts, and farm-raised fish; my pro- ment. First, that we capitalize upon the vision to prohibit USDA quality grade A modest investment in these pro- $73.5 billion in additional spending au- stamps on imported meat; an energy grams will have tremendous return in thority provided by this year’s budget title that promotes value-added eth- rural communities all across America. resolution, because given the shrinking anol, biodiesel and wind production in I hope my colleagues have heard from budget surplus and unprecedented de- South Dakota; a conservation title in- their constituents about the impor- mands on the Federal budget now, creasing the Conservation Reserve Pro- tance of these provisions and that they there are no assurances this money gram to 41 million acres; and; a com- are as enthusiastic as Nebraskans are. will be available in 2002, when a new modity title containing higher loan This bill also includes, for the first budget resolution will be carved out of rates than the House farm bill and a time, a title devoted to agriculture- a very limited amount of resources. provision that rewards farmers with an based energy. It’s a terrific idea and S13660 CONGRESSIONAL RECORD — SENATE December 19, 2001 one whose time has come. I only wish The law that was supposed to rid tracting, future contracts, and other the Agriculture Committee had the ju- them of the shackles of Federal farm pricing mechanisms. risdiction to go further! programs has instead made them more This is significant information. In- Nevertheless, the provisions in the dependent on the government than deed, had I known it at the time of the energy title that provide grants, loans ever before. It has cost taxpayers tens vote, I would have voted differently. and technical assistance to farmers and of billions of dollars in emergency as- For that reason, I took the only ac- ranchers to develop and incorporate re- sistance. tion available to me to correct the sit- newable energy use will be, I predict, Farmers in Nebraska have said re- uation. I filed two alternative amend- widely oversubscribed. soundingly, ‘‘Enough!’’ and they are ments to the farm bill: one that would In five years we will be back here right. It is time for a new program that prohibit the Johnson language from trying to expand these programs, like offers some stability and a reasonable going into effect, and another that we have our conservation programs, be- chance at profitability. And it’s time would substitute a study to determine cause demand has far surpassed the for a program that no longer offers its the economic impact of such a pro- funding available. benefits based on what you may have posal. The proposed ban on packer own- Speaking of conservation, let me planted 20 years ago. ership, as offered by Senator JOHNSON, briefly comment on the conservation This legislation provides a modest in- could cause widespread economic harm title. The Chairman and Ranking Mem- crease in loan rates, and I do mean in the livestock and packing indus- ber of our committee deserve special modest. Corn goes from $1.89 to $2.08; tries, but no one has explored what the recognition for their vision in moving wheat from $2.56 to $3.00. true implications would be. My amend- farm programs toward a more con- Farmers in Nebraska have been call- ment would require the US Department servation-oriented policy. ing for an increase in loan rates for of Agriculture to complete this study Environmental and sportsmens’ years, but this is hardly what they had within nine months. groups—the hook and bullet coalition, in mind. I have always been a free market I heard them called recently have been And still, there are those who call it conservative; however, I regularly hear working toward the expansion of these excessive. Who say that these loan from ranchers expressing concerns programs for years, and their efforts rates—still well below what it costs about concentration in the meat pack- pay off in this bill. farmers to raise a crop—will ‘‘stimu- ing industry. In Idaho we have two CRP, WRP, WHIP, FPP . . . the acro- late production.’’ packers, and the only thing worse than nyms all run together, but each pro- I ask them: where? Freedom to Farm just two packers, is to have only one. I gram has a distinct and invaluable pur- sent farmers checks when prices were am concerned that the language as pose. passe4d could result in further consoli- Of particular interest to Nebraskans at record highs and they did what any dation within the packing industry. are the significant new resources for business would do—they invested in While I agree with my producers that the EQIP program, which will allow it greater productivity. And they were we have a problem, we must be sure to ramp up to $1.25 billion a year by successful. that our solution does not create an 2006 from just $200 million now. As we know too well, it took only even bigger long-term problem. It will provide assistance to thou- two years of Freedom to Farm for sands of livestock producers, in par- prices to collapse. And they have not MEAT PACKERS ticular, to comply with new regula- recovered. And still the government Mr. GRASSLEY. Mr. President, last tions. Just as importantly, it will as- signals, ‘‘Plant more.’’ ‘‘Buy more week the Senator from South Dakota sist row crop producers in protecting land.’’ ‘‘Expand your operation.’’ and I offered an amendment which water supplies, soil quality and wildlife The current program, I say to my would prohibit meat packers from own- habitat. The House also made a signifi- colleagues, stimulates production. So I ing, feeding or controlling livestock cant commitment to EQIP and I com- do not see where all this new produc- prior to slaughter. Together, we had in- mend them for that. tion is going to come from. troduced legislation in the Senate to A critical title of this legislation re- What I do see is a loan rate that of- accomplish the very goal of our amend- authorizes and expands nutrition pro- fers producers a fighting chance at ment. A majority of our colleagues in grams. Included is a provision of par- making a cash flow work with their the Senate voted in favor of our ticular importance to Nebraska and banker this spring. A safety net that amendment. However, since that time, other states with military installa- leaves them less dependent on the con- concerns have been raised by the Sec- tions. tinued largesse of Congress. And I like retary of Agriculture and some in the The privatization of housing on mili- that, and so do they. livestock industry that the language of tary bases has had the unintended con- The commodity title reauthorizes the amendment, specifically the word sequence of jeopardizing eligibility for programs for sugarbeet growers, which ‘‘control’’ would affect forward con- the free and reduced cost school lunch is also important to my state. To the tracts or marketing agreements. I do program for qualifiying children. Be- 550 families growing sugarbeets in recall that the Senator from Montana cause of the reporting requirements in western Nebraska, this bill is critical. inquired as to whether this amendment the privatization legislation, service And it meets other needs of other re- affected such contracts and that the members’ housing allowances are now gions and senators that make it truly a Senator from South Dakota responded being counted as income making chil- national program—including peanuts that the amendment did not affect dren who previously qualified for the and fruits and vegetables. them. However, I would ask the Sen- free and reduced cost school lunch pro- So I thank Chairman HARKIN for put- ator from South Dakota for further gram ineligible. ting this bill together and I urge the clarification on that issue. So, unfortunately, as a result of a Senate to invoke cloture and move to Mr. JOHNSON. I thank the Senator policy that I support—privatized hous- its immediate consideration. from Iowa for his leadership on this ing on our military bases—we are im- Mr. CRAIG. Mr. President, last week issue. Additionally, I thank him for his proving quality of life with one hand we voted on an amendment by Senator concern for livestock producers and for and taking it away with the other. JOHNSON that would prohibit meat the opportunity to clarify any mis- This bill creates a stop-gap solution packers from feeding, owning, or con- understandings. The amendment is not to this problem, until child nutrition trolling livestock. I voted for this intended to affect forward contracts or programs can be reauthorized. amendment because of concerns from marketing agreements. Such arrange- Finally, the commodity title is of my livestock producers that the pack- ments have caused or can cause prob- course the engine driving this train. I ers have too much control of the mar- lems in the market, but they are out- cannot overstate how important it is ket. side the scope of this amendment. to Nebraska. Since that time, I have received more The intent of the word ‘‘control’’ Farmers, as we all know, are deriving information on how this provision must be read in the context of owner- an ever-increasing share of their in- would be implemented. It has come to ship. In other words, control means come from farm program payments my attention that the language as substantial operational control of live- under Freedom to Farm. written would prohibit forward con- stock production, rather than the mere December 19, 2001 CONGRESSIONAL RECORD — SENATE S13661 contract right to receive future deliv- Mr. GRASSLEY. I concur and under- come on the tail end of everything else. ery of livestock produced by a farmer, stand the distinction between control We will do this, we will do that around rancher or feedlot operator. ‘‘Control’’ of livestock production in the oper- here, but when it comes to our farmers according to legal dictionaries means ational sense and a mere contract in and ranchers, you are at the tail end. to direct, manage or supervise. In this which a packer has the right to receive That is what my Republican colleagues case, the direction, management and delivery of livestock in the future. I have said. Go take a hike, they said to supervision is directed towards the pro- also understand that farmer owned co- rural America. We will deal with you duction of livestock or the operations operatives, including federated agricul- later. We will deal with you later. producing livestock, not the simple tural cooperatives, are exempt if they I come from a town of 150 people. I right to receive delivery of livestock own a packing plant. But there is yet was born and raised there. I bet I am raised by someone else. another situation in which some pack- the only Senator in this Chamber who The word control is intended to close ers enter into joint ventures with farm- lives in the house in which he was any loophole which may allow clever er-owned cooperatives that has mem- born. I wasn’t born in the hospital; I attorneys to circumvent congressional bers which would supply the jointly was born in the house. I still live in intent. Such loopholes could include owned packing plant. that house in a town of 150 people. I situations where a packer that owns It has never been our intent to pre- have a strong feeling about people who livestock engages in a transaction vent cooperatives from engaging in re- live in small towns and communities where a farmer takes nominal title to lationships with packers, and the that need rural development, that need livestock or livestock feeding oper- amendment does not do that. For ex- sewer and water, need better commu- ations, but a packer has substantial ample, in Iowa, Excel, which is owned nications, telecommunication centers operational control over the livestock by Cargill, is in negotiations with a in our country, who need job opportu- production which is similar to owner- beef cooperative to build a packing nities. Our farmers surround these ship. Another situation is where a plant to be owned by a joint venture. If small communities and this is what packer could exercise such operational they need for them and their families control through a related entity. How- that deal is completed, the actual packer would be the joint venture enti- and their livelihood. ever, where a farmer or rancher holds We tried everything humanly pos- ty formed by Cargill/Excel and the beef true operational control, this amend- sible to get this bill passed, in good cooperative. Co-op members who chose ment would not affect him. faith, working in a bipartisan manner. Mr. GRASSLEY. Mr. President, I un- to participate in that endeavor can Facts are devilish little things because derstand that the Senator from South freely commit all or a portion of their facts give lie to rhetoric. We hear all Dakota does not intended the word cattle for slaughter without violating this rhetoric from the other side that ‘‘control’’ to include forward contracts this amendment. The reason is that the this is a partisan bill. If it wasn’t so and marketing agreements. However, packer in the exercises no operational partisan, we could get it through. how are such contracts different from control over livestock production. But the facts are devilish things. And operational control? Rather, the package again has a mere the facts are that every single title of Mr. JOHNSON. There are two reasons contractual right to receive delivery of this bill we worked on, I worked close- that forward contracts and marketing cattle that meet its specifically on ly with my ranking member, a good agreements are not within the defini- graduate and quality. That contract friend, an honorable person, someone tion of control. First, these contracts may be a standards forward contract or who cares deeply about agriculture. We do not allow a packer to exercise any marketing agreement, or the contract worked on these. We worked them out control over livestock production oper- may take the form of a membership in committee. Every single title got a ation. Rather, the contracts merely agreement between each farmer mem- unanimous vote, all Republicans, all provide the packer with the right to re- ber and the beef cooperative. In either Democrats, but one title, commodities. ceive delivery of livestock in the future even, this amendment does not affect Senator HUTCHINSON from Arkansas and most include a certain amount of this joint venture arrangement. voted with us, so it was bipartisan. Ba- quality specifications. There is no Mr. JOHNSON. That is absolutely sically, the same thing happened in management, direction or supervision correct Senator GRASSLEY, and we have 1995. We had to deal with the com- over the farm operation in these con- advocated this position all along. modity title in the Chamber. I under- tracts. The farmer or rancher makes Thank you from clarifying that issue stood that. But then we had all the the decision to commit the delivery of with me. While forward contracts and amendments that gutted nutrition, livestock to a packer through the con- marketing agreements can pose prob- gutted conservation, that went after tract without ceding operational con- lems for the marketplace, they are out- rural development. And we had all de- trol. In fact, the farmer or rancher still side the purview of our amendment. cided in the committee, unanimously, could make a management decision to Mr. GRASSLEY. Thank Senator on what we reported out. delivery the livestock to another pack- JOHNSON for clarifying the scope of the The facts give lie to rhetoric. They er other than the one covered in the amendment. have the rhetoric. They have been hit contract, albeit subject to damages for f with the rhetoric, but the facts are on breach of contract. Even where such our side. This is one of the most bipar- contracts include detailed quality spec- MORNING BUSINESS tisan farm bills ever to come out of the ifications, control of the operation re- Mr. DASCHLE. I ask unanimous con- Senate Agriculture Committee. The mains with the farmer. The quality sent there now be a period for morning facts are there and cannot be denied. specifications simply related to the business, with Senators permitted to Again, they talked about reaching amount of premiums or discounts in speak for up to 10 minutes each. more of a bipartisan consensus. Again, the final payment by the packer for the The PRESIDING OFFICER. Without the facts are devilish little things. livestock delivered under the contract. objection, it is so ordered. We had three big amendments offered Second, several states prohibit pack- f on the Republican side that were sort er ownership of livestock, such as Iowa, of in the nature of substitutes for a Minnesota, and Nebraska. The Iowa FAILURE TO PASS A FARM BILL committee bill. One was the amend- law, for example, prevents packers Mr. HARKIN. What was the final ment offered by my friend from Indi- from owning, operating or controlling vote, I inquire? ana, the ranking member, Senator a livestock feeding operation in that The PRESIDING OFFICER. The yeas LUGAR. Then we had the amendment state. But packers and producers may are 54; the nays are 43. offered by Senators COCHRAN and ROB- still enter into forward contracts or Mr. HARKIN. We would have had 55. ERTS. And then this morning we had marketing agreements without vio- Senator AKAKA was missing, of course. the amendment offered by Senator lating that law because operational This is a sad day and not a very HUTCHINSON. If you listened this morn- control, in the context of ownership, is bright Christmas next week for farmers ing, you heard Senator HUTCHINSON and the issue. The term control is intended and ranchers and people who live in others saying this would be the only to be similarly interpreted and applies rural America. What we have said to bill; if only we would pass the Hutch- in this amendment. them is: You don’t count; you will inson bill, it could be the only bill that