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TEXT OF AMENDMENTS -- (Senate - February 12, 2002)

(1) The Economic Growth and Tax Relief Reconciliation Act of 2001 provided substantial relief from federal estate and gift taxes beginning this year and repealed the federal estate tax for one year beginning on January 1, 2010, and

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(2) The Economic Growth and Tax Relief Reconciliation Act of 2001 contains a ``sunset'' provision that reinstates the federal estate tax at its 2001 level beginning on January 1, 2011;

(b) SENSE OF THE SENATE.--Therefore, it is the Sense of the Senate that the repeal of the estate tax should be made permanent by eliminating the sunset provision's applicability to the estate tax.

--

SA 2851. Mr. LUGAR (for Mr. DOMENICI) proposed an amendment to amendment SA 2471 submitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) to strengthen the safety net for agricultural producers, to enhance resource conservation and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, to ensure consumers abundant food and fiber, and for other purposes; as follows:

Strike section 132 and insert the following:

SEC. 132. NATIONAL DAIRY PROGRAM.

The Federal Agriculture Improvement and Reform Act of 1996 (as amended by section 772(b) of Public Law 107-76) is amended by inserting after section 141 (7 U.S.C. 7251) the following:

``SEC. 142. NATIONAL DAIRY PROGRAM.

``(a) DEFINITIONS.--In this section:

``(1) DAIRY FARM.--

``(A) IN GENERAL.--The term `dairy farm' means a dairy farm that is--

``(i) located within the United States;

``(ii) permitted under a license issued by State or local agency or the Secretary--

``(I) to market milk for human consumption; or

``(II) to process milk into products for human consumption; and

``(iii) operated by producers that commercially market milk during the payment period.

``(B) EXCLUSION.--The term `dairy farm' does not include a farm that is operated by a successor to a producer.

``(2) ELIGIBLE PRODUCTION.--The term `eligible production' means the quantity of milk that is produced and marketed on a dairy farm.

``(3) PAYMENT PERIOD.--The term `payment period' means--

``(A) the period beginning on December 1, 2001, and ending on September 30, 2002; and

``(B) each of fiscal years 2003 through 2005.

``(4) PRODUCER.--The term `producer' means the individual or entity that is the holder of the license described in paragraph (1)(A)(ii) for the dairy farm.

``(b) PROGRAM.--The Secretary shall make payments to producers.

``(c) AMOUNT.--Subject to subsection (h), payments to producers on a dairy farm under this section shall be calculated by multiplying--

``(1) the eligible production during the payment period; by

``(2) the payment rate.

``(d) PAYMENT RATE.--

``(1) IN GENERAL.--Subject to paragraph (2), the payment rate for a payment under this subsection shall be equal to $0.315 per hundredweight.

``(2) ADJUSTMENT.--The Secretary may adjust the payment rate under paragraph (1) with respect to the last fiscal year of the payment period if the Secretary determines that there are insufficient funds made available under subsection (h) to carry out this section for that fiscal year.

``(e) APPLICATION FOR PAYMENT.--To be eligible for a payment for a payment period under this section, the producers on a dairy farm shall submit an application to the Secretary in such manner as is prescribed by the Secretary.

``(f) TIMING OF PAYMENTS.--Payments under this section shall be made on an annual basis.

``(g) ADJUSTMENTS.--The Secretary may provide for the adjustment of eligible production of a dairy farm under this section if the production of milk on the dairy farm has been adversely affected by (as determined by the Secretary)--

``(1) damaging weather or a related condition;

``(2) a criminal act of a person other than the producers on the dairy farm; or

``(3) any other act or event beyond the control of the producers on the dairy farm.

``(h) FUNDING.--The Secretary shall use not more than $2,000,000,000 of funds of the Commodity Credit Corporation to carry out this section.''.

--

SA 2852. Mr. HARKIN (for Mr. KERRY (for himself and Ms. SNOWE)) proposed an amendment to amendment SA 2471 submitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) to strengthen the safety net for agricultural producers, to enhance resource conservation and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, to ensure consumers abundant food and fiber, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. . COMMERCIAL FISHERIES FAILURE.

(a) IN GENERAL.--In addition to amounts appropriated or otherwise made available by this Act, there are appropriated to the Department of Agriculture $10,000,000 for fiscal year 2002, which shall be transferred to the Commodity Credit Corporation to provide, in consultation with the Secretary of Commerce, emergency disaster assistance for the commercial fishery failure under section 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multispecies fisheries.

(b) PROGRAM REQUIREMENTS.--Amounts made available under this section shall be used to support a voluntary fishing capacity reduction program in the Northeast multispecies fishery that--

(1) is certified by the Secretary of Commerce to be consistent with section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)); and

(2) permanently revokes multispecies limited access fishing permits so as to obtain the maximum sustained reduction in fishing capacity at the least cost and in the minimum period of time and to prevent the replacement of fishing capacity removed by the program.

(c) APPLICATION OF INTERIM FINAL RULE.--The program shall be carried out in accordance with the Interim Final Rule under part 648 of title 50, Code of Federal Regulations, or any corresponding regulation or rule promulgated thereunder.

(d) SUNSET.--The authority provided by subsection (a) shall terminate 1 year after the date of enactment of this Act and no amount may be made available under this section thereafter.

--

SA 2853. Mr. HARKIN proposed an amendment to amendment SA 2471 submitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) to strengthen the safety net for agricultural producers, to enhance resource conservation and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, to ensure consumers abundant food and fiber, and for other purposes; as follows:

At the appropriate place, add the following:

Amend Section 602 by adding after the word ``concern'' at the end of subsection 384I(c)(3)(C) the words ``and not more than 10 percent of the investments shall be made in an area containing a city of over 100,000 in the last decennial Census and the Census Bureau defined urbanized area containing or adjacent to that city''.

--

SA 2854. Mr. LUGAR (for Mr. MCCONNELL) proposed an amendment to amendment SA 2471 submitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) to strengthen the safety net for agricultural producers, to enhance resource conservation and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, to ensure consumers abundant food and fiber, and for other purposes; 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.

(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

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(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

(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 assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)).

(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).

--

SA 2855. Mr. LUGAR (for Mr. KYL) proposed an amendment to amendment SA 2471 submitted by Mr. DASCHLE and intended to be proposed to the bill (S. 1731) to strengthen the safety net for agricultural producers, to enhance resource conservation and rural development, to provide for farm credit, agricultural research, nutrition, and related programs, to ensure consumers abundant food and fiber, and for other purposes; 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--

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