Fresh Produce Discussion Blog

Created by The Packer's National Editor Tom Karst

Thursday, December 13, 2007

Farm bill cloture passes 78 to 12

Cloture for the farm bill was voted on late Thursday (see the all the farm bill votes Thursday here) and the motion passed 78 to 12 with 10 members not voting. Here is what the Senate says about cloture:

The cloture rule–Rule 22–is the only formal procedure that Senate rules provide for breaking a filibuster. A filibuster is an attempt to block or delay Senate action on a bill or other matter. Under cloture, the Senate may limit consideration of a pending matter to 30 additional hours of debate.

TK: More work tomorrow, but the end is in sight. Still haven't seen the manager's amendment. Senate begins again at 10 a.m tomorrow.

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No to Klobuchar

I thought Klobuchar's argument for her means-testing amendment carried the day, but Blanche Lincoln of Arkansas resorted to the argument that rich program crop farmers "make a lot of money but they spend a lot too." Plus, she asked, how can you means-test subsidies and not conservation payments? In the end, the amendment gets less than 50 votes and it needed 60.

Reaction from Acting Agriculture Secretary Chuck Conner to the failure of the Klobuchar amendment:
"I am disappointed that the Senate defeated Senator Klobuchar's amendment that would have helped bring reform to the farm program. I have talked with farmers all across America, and most do not support a policy that takes tax dollars from middle income America and transfers it to the nations wealthiest few," said Acting Secretary of Agriculture Chuck Conner.
"The Administration has consistently supported lowering the Adjusted Gross Income eligibility for commodity programs, and although this amendment does not go as far as our proposal in advancing reform, it clearly was a step in the right direction. Its defeat signals yet another missed opportunity by the Senate to enact true reform," said Conner.
"The current farm bill is flawed, and continues to award the wealthiest two percent of Americans with support payments. The Klobuchar amendment would have been a good start in reforming this policy, and it is unfortunate that the Senate failed to enact this much needed reform," added Conner.

The Klobuchar amendment would create a more stringent Adjusted Gross Income (AGI) test for eligibility for commodity programs. Under this amendment, a full time farmer would have to have an AGI below $750,000, while a part-time farmer would need an AGI below $250,000 to qualify for program benefits. The AGI limitation for conservation programs would remain unchanged from the underlying bill, and savings attributed to the lower AGI threshold would be devoted to increases in spending for beginning farmers, rural broadband grants, energy, conservation and research.

An update from Harkin's office:

The Senate has proceeded to roll-call votes in relation to the following amendments:

1. Klobuchar amendment to Harkin-Chambliss substitute #3500, to improve the adjusted gross income limitation and use the savings to provide additional funding for certain programs and reduce the Federal deficit (#3810)

2. Tester-Grassley amendment to Harkin-Chambliss substitute #3500, to modify the provisions relating to unlawful practices under the Packers and Stockyards Act (#3666)

3. Brown-Sununu amendment to Harkin-Chambliss substitute #3500 to increase funding for critical Farm Bill programs and improve crop insurance (#3819)

4. Craig amendment to Harkin-Chambliss substitute #3500, to prohibit the involuntary acquisition of farmland and grazing land by Federal, State, and local governments for parks, open space, or similar purposes (#3640)

Each of these amendments is subject to a 60-vote threshold. If any of these amendments achieves 60 votes, then it will be agreed to; if any of these amendments fails to achieve 60 votes, then it will be withdrawn.

Also, the Coburn amendment to Harkin-Chambliss substitute #3500, to limit the distribution to deceased individuals, and estates of those individuals, of certain agricultural payments (#3530) was modified and agreed to by unanimous consent.

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Happening now

Facing an uphill climb considering the supermajority needed. Still no word about manager's amendment, but Feinstein won't offer the AQI amendment, I'm told:
From the office of Sen.Tom Harkin:


There will be up to four roll call votes around 3:55pm in relation to the following amendments to the Farm bill:

- Klobuchar #3810 (Payment Limitations);

- Coburn #3530 (Payments to Deceased);

- Tester #3666 (Packer Concentration); and

- Brown #3819 (Crop Insurance)

All the amendments in this sequence are subject to 60-vote thresholds.

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Falling short

The Senate is now debating the Brown amendment that would take money out of federal crop insurance to put into nutrition programs. Meanwhile, the Dorgan Grassley amendment fell a few votes short (it got 56) of the supermarjority (it needed 60). Reaction from Sen. Tom Harkin;:

Senator Tom Harkin (D-IA), Chairman of the Senate Committee on Agriculture, Nutrition and Forestry, today issued the following statement after the Senate voted on the Dorgan-Grassley amendment to the farm bill. Harkin is a cosponsor of the measure.
“Acceptance of this amendment would have meant common-sense limits on farm payments to individuals and married couples – long-overdue reform that enjoys broad popular support. Yet today’s vote is a missed opportunity. It had a majority of support, but failed to achieve a super majority that was required by opponents of the amendment. “There are several progressive elements of this farm bill – investments in renewable energy, conservation, nutrition and rural development in addition to a new income protection option for producers. The Dorgan-Grassley amendment would have complemented the farm bill. I have always supported payment limits and will continue to fight for a forward-looking, progressive bill.”

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Senate Thursday lineup

Dorgan Grassley up first but needs a 60 vote supermajority; Harkin's school nutrition standards bill also up for debate later. From the office of Sen. Tom Harkin:

Thursday, December 13, 2007

The Senate will convene at 8:30am.

· No morning business.

· The Senate immediately will resume consideration of the Farm, Nutrition, and Bioenergy Act of 2007 (H.R. 2419), for debate only, with the time until 9:15am equally divided.

· At 9:15am, the Senate will proceed to a roll-call vote in relation to the Dorgan-Grassley amendment to Harkin-Chambliss substitute #3500, to strengthen payment limitations and direct the savings to increase funding for certain programs (#3695, as modified).

§ By unanimous consent, the Dorgan-Grassley amendment #3695, as modified, is subject to a 60-vote threshold. If it achieves 60 votes, then it will be agreed to; if it fails to achieve 60 votes, then it will be withdrawn.

· Upon disposition of the Dorgan-Grassley amendment #3695, as modified, the Senate will proceed to two minutes of debate prior to a roll-call vote on the motion to invoke cloture on the motion to concur in the House amendments to the Senate amendments to the text of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 (H.R. 6), with an amendment in the nature of a substitute (#3841).

· The following amendments are pending to H.R. 2419:

· Harkin-Chambliss-Baucus-Grassley amendment in the nature of a substitute (#3500)

o Dorgan-Grassley amendment to Harkin-Chambliss substitute #3500, to strengthen payment limitations and direct the savings to increase funding for certain programs. (#3695, as modified)

o Brown-Sununu amendment to Harkin-Chambliss substitute #3500 to increase funding for critical Farm Bill programs and improve crop insurance (#3819)

o Klobuchar amendment to Harkin-Chambliss substitute #3500 to improve the adjusted gross income limitation and use the savings to provide additional funding for certain programs and reduce the Federal deficit (#3810)

o Cornyn amendment to Harkin-Chambliss substitute #3500 to prevent duplicative payments for agricultural disaster assistance already covered by the Agricultural Disaster Relief Trust Fund (#3687)

o Coburn amendment to Harkin-Chambliss #3500 to ensure the priority of the farm bill remains farmers by eliminating wasteful Department of Agriculture spending on casinos, golf courses, junkets, cheese centers, and aging barns (#3807)

o Coburn amendment to Harkin-Chambliss substitute #3500 to limit the distribution to deceased individuals, and estates of those individuals, of certain agricultural payments (#3530)

o Salazar amendment to Harkin-Chambliss substitute #3500 to amend the Internal Revenue Code of 1986 to provide incentives for the production of all cellulosic biofuels (#3616)

o McConnell amendment to Harkin-Chambliss substitute #3500 to promote the nutritional health of school children, with an offset (#3821)

o Craig amendment to Harkin-Chambliss substitute #3500, to prohibit the involuntary acquisition of farmland and grazing land by Federal, State, and local governments for parks, open space, or similar purposes (#3640)

o Roberts amendment to Harkin-Chambliss substitute #3500, to modify a provision relating to regulations (#3549)

o Domenici amendment to Harkin-Chambliss substitute #3500, to reduce our nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources (#3614)

o Gregg amendment to Harkin-Chambliss substitute #3500, to amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes (#3674)

o Gregg amendment to Harkin-Chambliss substitute #3500, to provide nearly $1,000,000,000 in critical home heating assistance to low-income families and senior citizens for the 2007-2008 winter season, and reduce the Federal deficit by eliminating wasteful farm subsidies (#3822)

§ Sanders second-degree amendment to Gregg amendment #3822, to provide for payments under subsections (a) through (e) of section 2604 of the Low-Income Home Energy Assistance Act of 1981, and restore supplemental agricultural disaster assistance from the Agriculture Disaster Relief Trust Fund (#3826)

o Grassley-Kohl amendment to Harkin-Chambliss substitute #3500, to provide for the review of agricultural mergers and acquisition by the Department of Justice, and for other purposes (#3823)

o Stevens amendment to Harkin-Chambliss substitute #3500, to make commercial fishermen eligible for certain operating loans (#3569)

o Bond amendment to Harkin-Chambliss substitute #3500, to amend title 7, United States Code, to include provisions relating to rulemaking (#3771)

o Tester-Grassley amendment to Harkin-Chambliss substitute #3500, to modify the provisions relating to unlawful practices under the Packers and Stockyards Act. (#3666)

o Schumer amendment to the Harkin-Chambliss substitute #3500, to improve crop insurance and use resulting savings to increase funding for certain conservation programs (#3720)

o Wyden amendment to Harkin-Chambliss substitute #3500, to modify a provision relating to bioenergy crop transition assistance (#3736)

o Harkin-Kennedy-Gregg amendment to Harkin-Chambliss substitute #3500, relative to public safety officers (#3830)

§ Harkin second-degree amendment to Harkin-Kennedy-Gregg amendment #3830, relative to public safety officers (#3844)

o Harkin-Murkowski amendment to Harkin-Chambliss substitute #3500, to improve nutrition standards for foods and beverages sold in schools (#3639)

· Furthermore, the following amendments will be debated for the following time limits:

o Klobuchar amendment #3810: approximately 50 minutes, with 20 minutes under the control of Senator Klobuchar and 30 minutes in opposition

o Brown-Sununu amendment #3819: 60 minutes, equally divided

o Tester-Grassley amendment #3666: 60 minutes, equally divided

· Furthermore, the Klobuchar amendment #3810 is subject to a 60-vote threshold. If this amendment achieves 60 votes, then it will be agreed to; if it fails to achieve 60 votes, then it will be withdrawn.

During Tuesday’s Session

Farm, Nutrition, and Bioenergy Act of 2007 (H.R. 2419)

Gregg amendment to Harkin-Chambliss substitute #3500, to strike the section requiring the establishment of a Farm and Ranch Stress Assistance Network (#3671) was not agreed to by a roll-call vote of 37-58.

Gregg amendment to Harkin-Chambliss substitute #3500, to strike a provision relating to market loss assistance for asparagus producers (#3672) was not agreed to by a roll-call vote of 39-56.

Alexander amendment to Harkin-Chambliss substitute #3500, to increase funding for the Initiative for Future Agriculture and Food Systems, with an offset (#3551) was not agreed to by a roll-call vote of 19-75.

Alexander amendment to Harkin-Chambliss substitute #3500, to limit the tax credit for small wind energy property expenditures to property placed in service in connection with a farm or rural small business (#3553) was not agreed to by a roll-call vote of 14-79.

Gregg amendment to Harkin-Chambliss substitute #3500, to improve women's access to heath care services in rural areas and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services (#3673) was withdrawn by unanimous consent after it failed to achieve 60 votes, as required by unanimous consent, following a roll call vote of 41-53.

· Gregg second-degree amendment to Gregg amendment #3673, to change the enactment date (#3825) was withdrawn by unanimous consent.

Sessions amendment to Harkin-Chambliss substitute #3500, to amend the Internal Revenue Code of 1986 to establish a pilot program under which agricultural producers may establish and contribute to tax-exempt farm savings accounts in lieu of obtaining federally subsidized crop insurance or noninsured crop assistance, to provide for contributions to such accounts by the Secretary of Agriculture, to specify the situations in which amounts may be paid to producers from such accounts, and to limit the total amount of such distributions to a producer during a taxable year, and for other purposes (#3596) was not agreed to by a roll-call vote of 35-58.

McConnell amendment to Harkin-Chambliss substitute #3500, to amend the Internal Revenue Code of 1986 to provide for the tax treatment of horses, and for other purposes (#3803) was agreed to by unanimous consent.

Durbin amendment to Harkin-Chambliss substitute #3500, to provide a termination date for the conduct of certain inspections and the issuance of certain regulations (#3539, as amended) was agreed to by unanimous consent.

Kennedy-Durbin second-degree amendment to Durbin amendment #3539, of a perfecting nature (#3845) was agreed to by unanimous consent.

Coburn amendment to Harkin-Chambliss substitute #3500 to modify a provision relating to the Environmental Quality Incentive Program (#3632) was withdrawn by unanimous consent.

Cloture/Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 (H.R. 6)

· Senator Reid moved to concur in the House amendment to the Senate amendment to the text of H.R. 6, with an amendment in the nature of a substitute (#3841).

· Also pending: Reid second-degree amendment to Reid amendment #3841, to change the enactment date (#3842).

· Senator Reid filed cloture on this motion to concur. By unanimous consent, this cloture petition is considered as having been filed Tuesday, December 11.

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Asparagus relief survives

This story notes the Senate's rejection of an amendment that would have stripped away relief from asparagus growers. After specialty crops are ignored all these years and program crop growers get hundreds of billions, now the Senate goes after $15 million for asparagus growers as an example of government waste? Really?

From the AP story:
Asparagus farmers held on to $15 million in farm bill subsidies Wednesday as conservatives targeted the money as an example of wasteful spending in the multibillion-dollar legislation.The Senate rejected, 56-39, an amendment by Sen. Judd Gregg that would have taken the asparagus money out of the $286 billion legislation. Asparagus growers have not received direct subsidies in the past, and Gregg and other opponents of the wide-ranging farm legislation said the money is illustrative of the bloated bill that is nonetheless politically popular in farm country. Farm-state senators from both parties held together to save the asparagus language, authored by Michigan Sen. Debbie Stabenow, a Democrat. Stabenow said producers have suffered because trade agreements have increased the amount of imported asparagus in recent years.

TK: Good for Stabenow. Like Cardoza in the House, Stabenow is a key player in the Senate for the specialty crop industry as the farm bill debate goes on. Hopes are that she will be on the House-Senate farm bill conference committee. By the way, here is the link to the Senate Web site that has record of the votes on farm bill amendments from yesterday.


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