[Congressional Record Volume 147, Number 176 (Tuesday, December 18, 2001)]
[Senate]
[Pages S13422-S13423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AGRICULTURE, CONSERVATION, AND RURAL ENHANCEMENT ACT OF 2001--Resumed

  The PRESIDING OFFICER. The clerk will report the pending business.
  The assistant legislative clerk read as follows:


[[Page S13423]]


       A 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.

  Pending:

       Daschle (for Harkin) amendment No. 2471, in the nature of a 
     substitute.
       Smith of New Hampshire amendment No. 2596 (to amendment No. 
     2471), to provide for Presidential certification that the 
     government of Cuba is not involved in the support for acts of 
     international terrorism as a condition precedent to 
     agricultural trade with Cuba.
       Torricelli amendment No. 2597 (to amendment No. 2596), to 
     provide for Presidential certification that all convicted 
     felons who are living as fugitives in Cuba have been returned 
     to the United States prior to the amendments relating to 
     agricultural trade with Cuba becoming effective.
       Daschle motion to reconsider the vote (Vote No. 368) by 
     which the motion to close further debate on Daschle (for 
     Harkin) amendment No. 2471 (listed above) failed.
       Wellstone amendment No. 2602 (to amendment No. 2471), to 
     insert in the environmental quality incentives program 
     provisions relating to confined livestock feeding operations 
     and to a payment limitation.
       Lugar (for McCain) amendment No. 2603 (to amendment No. 
     2471), to provide for the market name for catfish.
       Harkin modified amendment No. 2604 (to amendment No. 2471), 
     to apply the Packers and Stockyards Act, 1921, to livestock 
     production contracts and to provide parties to the contract 
     the right to discuss the contract will certain individuals.
       Burns amendment No. 2607 (to amendment No. 2471, to 
     establish a per-farm limitation on land enrolled in the 
     conservation reserve program.
       Burns amendment No. 2608 (to amendment No. 2471), to direct 
     the Secretary of Agriculture to establish certain per-acre 
     values for payments for different categories of land enrolled 
     in the conservation reserve program.

  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Madam President, I ask unanimous consent that the motion 
to proceed to the motion to reconsider the cloture vote on the 
substitute amendment to S. 1731 be agreed to and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Is there objection? The Senator from Indiana.
  Mr. LUGAR. Madam President, reserving the right to object, and I will 
not object, but I ask for the comity of the majority leader, if he 
would be prepared to amend his unanimous consent agreement of a few 
days ago to ensure my amendment with regard to nutrition be included in 
the list that he gave.
  Mr. DASCHLE. Madam President, only if it is restricted to nutrition, 
I have no objection.
  Mr. LUGAR. May I please respond to the distinguished majority leader 
that the amendment changes certain portions of the commodity programs 
and would increase nutrition spending. This is a full disclosure of 
what I have in mind.
  Mr. DASCHLE. Madam President, I have no objection, and I ask my 
request be amended. I also hope that might encourage my dear friend 
from Indiana to vote for cloture at some point perhaps as early as 
tomorrow. I have no objection and so amend the request.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The senior assistant bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close the debate on the Daschle for 
     Harkin substitute amendment No. 2471 for Calendar No. 237, S. 
     1731, the farm bill:
       Tim Johnson, Harry Reid, Barbara Boxer, Tom Carper, Zell 
     Miller, Max Baucus, Byron Dorgan, Ben Nelson, Daniel Inouye, 
     Tom Harkin, Kent Conrad, Mark Dayton, Debbie Stabenow, 
     Richard Durbin, Jim Jeffords, Tom Daschle, Blanche Lincoln.

  The PRESIDING OFFICER. The question is, Is it the sense of the Senate 
that debate on the substitute amendment No. 2471 to S. 1731, the 
Agriculture, Conservation, and Rural Enhancement Act of 2001, shall be 
brought to a close?
  The yeas and nays are required under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Hawaii (Mr. Akaka) is 
necessarily absent.
  Mr. NICKLES. I announce that the Senator from North Carolina (Mr. 
Helms) and the Senator from Alaska (Mr. Murkowski) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 54, nays 43, as follows:

                      [Rollcall Vote No. 372 Leg.]

                                YEAS--54

     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Hutchinson
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--43

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--3

     Akaka
     Helms
     Murkowski
  The PRESIDING OFFICER. On this vote, the yeas are 54, the nays are 
43. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  Mr. REID. Madam President, I ask unanimous consent that when the 
Senator from Massachusetts, Mr. Kerry, finishes his brief remarks the 
Senate recess until 2:30 today for the party conferences.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Massachusetts.

                          ____________________