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I see, having said that, the distinguished Senator from Oklahoma has arrived just in time.
[Page: S620] GPO's PDF
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CLELAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. Mr. President, will the Senator yield for a moment?
Mr. CLELAND. I am glad to yield.
Mr. INHOFE. I only have 3 minutes to get under the deadline to offer an amendment.
The PRESIDING OFFICER. The Senator from Oklahoma.
AMENDMENT NO. 2825 TO AMENDMENT NO. 2471
Mr. INHOFE. Mr. President, I call up amendment No. 2825 to S. 1731 and ask for its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. Mr. President, let me explain the amendment very briefly. I apologize to the Senator from Georgia.
All this does is take the peanut program, which is a dramatically changed program, and delay its implementation for a period of 1 year. Here is the problem we have. If we don't do that, we will have the farmers not knowing, when they go to the bank, what kind of program is going to be adopted right in the middle of their planting season. By doing this, I am sure you will be accommodating the farmers as well as saving some money in this particular year on this bill.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Oklahoma [Mr. INHOFE] proposes an amendment numbered 2825 to amendment No. 2471.
Mr. INHOFE. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 111, lines 14 and 15, strike ``2002 through 2006'' and insert ``2003 through 2007''.
The PRESIDING OFFICER. The Senator from Georgia.
Mr. CLELAND. If I may continue, I would like to recognize the hard work of my colleague, Senator Miller, for his amazing transition to an agriculture policy wizard in less than 2 years. His hard work in the Agriculture Committee on this farm bill is a testament to his dedication to Georgia.
The PRESIDING OFFICER. The Senator from Indiana.
Mr. LUGAR. Mr. President, I have need to interrupt the distinguished Senator. We are under this limit in this final 10 minutes to offer amendments. If I may have his forbearance, I would like to offer an amendment at this point.
Mr. CLELAND. Very well.
AMENDMENT NO. 2854 TO AMENDMENT NO. 2471
Mr. LUGAR. Mr. President, on behalf of Senator McConnell, I send an amendment to the desk.
The PRESIDING OFFICER. Without objection, the clerk will report.
The legislative clerk read as follows:
The Senator from Indiana [Mr. LUGAR], for Mr. MCCONNELL, proposes an amendment numbered 2854 to amendment No. 2471.
Mr. LUGAR. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 984, line 2, strike the period at the end and insert a period and the following:
SEC. 10__. BEAR PROTECTION .
(a) SHORT TITLE.--This section may be cited as the ``Bear Protection Act of 2002''.
(b) FINDINGS.--Congress finds that--
(1) all 8 extant species of bear --Asian black bear , brown bear , polar bear , American black bear , spectacled bear , giant panda, sun bear , and sloth bear --are listed on Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
(2)(A) Article XIV of CITES provides that Parties to CITES may adopt stricter domestic measures regarding the conditions for trade, taking, possession, or transport of species listed on Appendix I or II; and
(B) the Parties to CITES adopted a resolution in 1997 (Conf. 10.8) urging the Parties to take immediate action to demonstrably reduce the illegal trade in bear parts;
(3)(A) thousands of bears in Asia are cruelly confined in small cages to be milked for their bile; and
(B) the wild Asian bear population has declined significantly in recent years as a result of habitat loss and poaching due to a strong demand for bear viscera used in traditional medicines and cosmetics;
(4) Federal and State undercover operations have revealed that American bears have been poached for their viscera;
(5) while most American black bear populations are generally stable or increasing, commercial trade could stimulate poaching and threaten certain populations if the demand for bear viscera increases; and
(6) prohibitions against the importation into the United States and exportation from the United States, as well as prohibitions against the interstate trade, of bear viscera and products containing, or labeled or advertised as containing, bear viscera will assist in ensuring that the United States does not contribute to the decline of any bear population as a result of the commercial trade in bear viscera.
(c) PURPOSE.--The purpose of this section is to ensure the long-term viability of the world's 8 bear species by--
(1) prohibiting interstate and international trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera;
(2) encouraging bilateral and multilateral efforts to eliminate such trade; and
(3) ensuring that adequate Federal legislation exists with respect to domestic trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera.
(d) DEFINITIONS.--In this section:
(1) BEAR VISCERA.--The term ``bear viscera'' means the body fluids or internal organs, including the gallbladder and its contents but not including the blood or brains, of a species of bear .
(2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249).
(3) IMPORT.--The term ``import'' means to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, regardless of whether the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
(4) PERSON.--The term ``person'' means--
(A) an individual, corporation, partnership, trust, association, or other private entity;
(B) an officer, employee, agent, department, or instrumentality of--
(i) the Federal Government;
(ii) any State or political subdivision of a State; or
(iii) any foreign government; and
(C) any other entity subject to the jurisdiction of the United States.
(5) SECRETARY.--The term ``Secretary'' means the Secretary of the Interior.
(6) STATE.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States.
(7) TRANSPORT.--The term ``transport'' means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment.
(e) PROHIBITED ACTS.--
(1) IN GENERAL.--Except as provided in paragraph (2), a person shall not--
(A) import into, or export from, the United States bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera; or
(B) sell or barter, offer to sell or barter, purchase, possess, transport, deliver, or receive, in interstate or foreign commerce, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera.
(2) EXCEPTION FOR WILDLIFE LAW ENFORCEMENT PURPOSES.--A person described in subsection (d)(4)(B) may import into, or export from, the United States, or transport between States, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera if the importation, exportation, or transportation--
(A) is solely for the purpose of enforcing laws relating to the protection of wildlife; and
(B) is authorized by a valid permit issued under Appendix I or II of CITES, in any case in which such a permit is required under CITES.
(f) PENALTIES AND ENFORCEMENT.--
(1) CRIMINAL PENALTIES.--A person that knowingly violates subsection (e) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.
(2) CIVIL PENALTIES.--
(A) AMOUNT.--A person that knowingly violates subsection (e) may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation.
(B) MANNER OF ASSESSMENT AND COLLECTION.--A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be
[Page: S621] GPO's PDF
(3) SEIZURE AND FORFEITURE.--Any bear viscera or any product, item, or substance imported, exported, sold, bartered, attempted to be imported, exported, sold, or bartered, offered for sale or barter, purchased, possessed, transported, delivered, or received in violation of this subsection (including any regulation issued under this subsection) shall be seized and forfeited to the United States.
(4) REGULATIONS.--After consultation with the Secretary of the Treasury and the United States Trade Representative, the Secretary shall issue such regulations as are necessary to carry out this subsection.
(5) ENFORCEMENT.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subsection in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
(6) USE OF PENALTY AMOUNTS.--Amounts received as penalties, fines, or forfeiture of property under this subsection shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).
(g) DISCUSSIONS CONCERNING BEAR CONSERVATION AND THE BEAR PARTS TRADE.--In order to seek to establish coordinated efforts with other countries to protect bears, the Secretary shall continue discussions concerning trade in bear viscera with--
(1) the appropriate representatives of Parties to CITES; and
(2) the appropriate representatives of countries that are not parties to CITES and that are determined by the Secretary and the United States Trade Representative to be the leading importers, exporters, or consumers of bear viscera.
(h) CERTAIN RIGHTS NOT AFFECTED.--Except as provided in subsection (e), nothing in this section affects--
(1) the regulation by any State of the bear population of the State; or
(2) any hunting of bears that is lawful under applicable State law (including regulations).
Mr. LEAHY. Mr. President, I ask unanimous consent the amendment be laid aside.
The PRESIDING OFFICER. Without objection, it is ordered.
The Senator from Georgia.
AMENDMENT NO. 2832
Mr. CLELAND. Mr. President, I am fortunate to hold the seat of one of this Chamber's giants, Senator Richard B. Russell. Senator Russell understood the importance of strong agriculture policy and he once observed: ``when we strengthen American agriculture, we strengthen America.'' The failure of the Senate to complete a farm bill in 2001 was very disappointment to me. But the good news is that I believe we will pass a strong farm bill this week.
One of the hottest issues in the farm bill for Georgia is the change in the current peanut program. Because there are not enough votes to sustain the quota program in Congress and because trade agreements have weakened quotas, I reluctantly agree with my colleagues that the system will be changed.
I visited south Georgia this past weekend where the debate over the ending the quota program is big news. The proposed peanut program that originated in the House, bases the new program on acres determined by peanut producers, rather than by the landowning quota-holders. This
shift in the peanut program, from the landowner to the producer, has caused a split among neighbors in south Georgia not seen in many years. Despite this split, I think we should make note of a fact that Senator MILLER has mentioned more than once on this floor: The anti-peanut program forces have not been out in force this year. You may know that in 1996, the peanut program survived in the Senate by only three votes.
I have concerns about small quota-owners, such as widows, veterans, and minority farmers who depend on quotas for their income. They should not be forgotten in the rush for a new farm bill. For that reason, I offer this amendment with Senator MILLER to increase the quota buyout to 12 cents a pound, each year, for 5 years. This is up from the House buyout of 10 cents per pound and will help ease the transition for thousands of retired peanut farmers who invested in peanut quota as, in effect, their pension plan.
I will work to keep the Senate level of support for producers which is $400 million over the House bill for marketing loan rates and countercyclical payments. Also, the Senate farm bill contains language that I have sponsored for years to label the country-of-origin for peanuts. Because consumers should know where their peanuts are grown.
All in all I believe we will pass a strong farm bill that makes sense and substantial progress in meeting the needs of family farmers and our rural communities.
I yield the floor.
Mr. REID. Mr. President, I have spoken to both Senator LUGAR and Senator Harkin, the two managers of the bill. It has been cleared. I ask unanimous consent that at 3:05 p.m. today, the Senate resume consideration of the Feinstein amendment No. 2829; that the time until 3:35, a half hour, be equally divided and controlled by Senators FEINSTEIN and BREAUX, or their designees; that at 3:35, Senator Breaux be recognized to offer a motion to table, and that no second-degree amendment be in order prior to the vote in relation to the amendment.
The PRESIDING OFFICER (Mr. CORZINE). Without objection, it is so ordered.
AMENDMENT NO. 2855 TO AMENDMENT NO. 2842
Mr. LUGAR. Mr. President, on behalf of Senator Kyl, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Indiana [Mr. LUGAR], for Mr. Kyl, proposes an amendment numbered 2855.
The amendment is as follows:
On page 8, line 19, insert the following:
``(12) IMPLEMENTATION.--In carrying out the program, the Secretary shall--
``(A) ensure, to the maximum extent practicable, that the program does not undermine the implementation of any law in effect as of the date of enactment of this chapter that concerns the transfer or acquisition of water or water rights on a permanent basis;
``(B) implement the program in accordance with the purposes of such laws described in subparagraph (A) as are applicable; and
``(C) comply with--
``(i) all interstate compacts, court decrees, and Federal or State laws (including regulations) that may affect water or water rights; and
``(ii) all procedural and substantive State water law.
On page 8, line 19, strike ``(12)'' and insert ``(13)''.
On page 9, line 16, strike ``(13)'' and insert ``(14)''.
On page 17, line 20, insert the following:
``(1) IN GENERAL.--Nothing in this section--
On page 17, line 21, strike ``(1)'' and insert ``(A)''.
On page 17, line 22, strike ``(2)'' and insert ``(B)''.
On page 18, line 1, strike ``(3)'' and insert ``(C)''.
On page 18, line 5, strike ``(4)'' and insert ``(D)''.
On page 18, line 7, insert the following:
``(2) IMPLEMENTATION.--In carrying out the program, the Secretary shall--
``(A) ensure, to the maximum extent practicable, that the program does not undermine the implementation of any law in effect as of the date of enactment of this chapter that concerns the transfer or acquisition of water or water rights on a permanent basis;
``(B) implement the program in accordance with the purposes of such laws described in subparagraph (A) as are applicable; and
``(C) comply with--
``(i) all interstate compacts, court decrees, and Federal or State laws (including regulations) that may affect water or water rights; and
``(ii) all procedural and substantive State water law.
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