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Senate Proceeding on Dec 13th, 2007 :: 1:29:02 to 1:36:09
Total video length: 4 hours 16 minutes Stream Tools: Stream Overview | Edit Time

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Jon Tester

1:24:06 to 1:29:02( Edit History Discussion )
Speech By: Jon Tester

Jon Tester

1:28:51 to 1:29:02( Edit History Discussion )

Jon Tester: has 19 minutes. 17 minutes for the opposition. mr. harkin: i'm sorry, we have 19 minutes? the presiding officer: the sponsor has 19 minutes. the opposition has 17. mr. harkin: i ask the senator yield me four

Tom Harkin

1:29:02 to 1:29:14( Edit History Discussion )

Tom Harkin: or five minutes. mr. tester: okay. the presiding officer: the senator from iowa is recognize ed. mr. harkin: mr. president, i want to rise in support of the amendment offered by the senator from montana.

Tom Harkin

1:29:02 to 1:36:09( Edit History Discussion )
Speech By: Tom Harkin

Tom Harkin

1:29:14 to 1:29:27( Edit History Discussion )

Tom Harkin: i am a cosponsor of the amendment of first, i would just make an observation that we have two bonafide farmers in this body. ouof 100 senators, we have two bonafide farmers, one on the republican

Tom Harkin

1:29:27 to 1:29:39( Edit History Discussion )

Tom Harkin: sierksd my colleague from iowa, senator grassley, and one on our side, the senator from montana, senator tester. i mean, these are people that actually do farm. not just own a farm, but they actually

Tom Harkin

1:29:39 to 1:29:54( Edit History Discussion )

Tom Harkin: do farm. so when i hear them talk about things in agriculture, i give a lot of weight to it, not that they're always right, obviously. they wouldn't claim that, i'm sure, but you have to give some weight

Tom Harkin

1:29:54 to 1:30:08( Edit History Discussion )

Tom Harkin: to their arguments, especially when they're making it on behalf of farmers, because they know where of they speak. i'm not saying that that's always true. i mean, but you have to give some weight

Tom Harkin

1:30:08 to 1:30:29( Edit History Discussion )

Tom Harkin: to it. so when this amendment was first proffered by the senator from montana, i began to look at it and consider it, because i, too, had thought about the issues issues raised by the senators

Tom Harkin

1:30:29 to 1:30:41( Edit History Discussion )

Tom Harkin: from kansas about whether or not it would be restrictive of a packer who wanted to have a specific cut -- i think he maybe mentioned an angus cut or a cowboy cut, black angus bone-in ribeye, all that

Tom Harkin

1:30:41 to 1:31:01( Edit History Discussion )

Tom Harkin: kind of stuff. they make these markets and they sell them and they do a great job at t so i was concerned. so i asked my staff, let's look at this and make sure we're okay on this. and i think the way

Tom Harkin

1:31:01 to 1:31:21( Edit History Discussion )

Tom Harkin: the amendment is drafted does in fact allow those kinds of contracts to be made because they are not manipulative of a marketplace. what the tester amendment really goss, i think -- and i think it's clear

Tom Harkin

1:31:21 to 1:31:35( Edit History Discussion )

Tom Harkin: in the way it's draft drafted -- it goes to packers who, let's say, might engage in collusive practices that would in fact depress a market price on a certain day or during a certain time and then

Tom Harkin

1:31:35 to 1:31:47( Edit History Discussion )

Tom Harkin: claim they have a pro-business reason for doing so. i haven't seen a business yet that in case after case where they've collude ed or where there have been some dealings where they haven't said,

Tom Harkin

1:31:47 to 1:32:00( Edit History Discussion )

Tom Harkin: well, it's better for our business. of course if they can increase their profits, it's a always best for their business. but increasing their profits at what expense? at the expense of a farmer who's

Tom Harkin

1:32:00 to 1:32:14( Edit History Discussion )

Tom Harkin: relying upon the stock market on one day or a marketing contract that they might have and all of a sudden, because they've locked up the market for a certain period of time with forward contracts

Tom Harkin

1:32:14 to 1:32:32( Edit History Discussion )

Tom Harkin: and collude to do that that, the stock market goes down down, marketing contracts contracts go down. the other packers have a business reason for doing that. they make more money but at whose expense?

Tom Harkin

1:32:32 to 1:32:46( Edit History Discussion )

Tom Harkin: and so i think that -- i think that the amendment is one that really gets to the heart of the case -- the picket case. we all know about the picket case. and the 11th circuit really i think went ride ing

Tom Harkin

1:32:46 to 1:33:01( Edit History Discussion )

Tom Harkin: off the range. i don't know where they came up with some of their out this thoughts on that. not the first time that a circuit court has ridden off the raifnlg the packers and stockyards act -- the

Tom Harkin

1:33:01 to 1:33:15( Edit History Discussion )

Tom Harkin: packers and stockyards act was enacted to protect producers from packers. that was the intent. and it has been the intent ever since, to protect producers from packers. it was never intended to be some

Tom Harkin

1:33:15 to 1:33:31( Edit History Discussion )

Tom Harkin: bill to ensure that packers are competitive or that they are competitive with other packers. that was never the intt and still is not today the intent of the packers and stockyards act. it is to protect producers

Tom Harkin

1:33:31 to 1:33:42( Edit History Discussion )

Tom Harkin: from packers. to make sure that there is as level a playing field as possible out there for the market to work, for the market to work. markets -- many buyers, many sellers, that's how a market

Tom Harkin

1:33:42 to 1:33:52( Edit History Discussion )

Tom Harkin: works. you have one seller, many buyers buyers, no market. you have to have many buyers, many sellers for the market to work. that's what the packers and stockyards act wants to do. so again this is

Tom Harkin

1:33:52 to 1:34:06( Edit History Discussion )

Tom Harkin: not in -- the amendment is not in any way intended to infringe on contract contracts or forward contracts or the kind of contracts that were mentioned in terms of giving premium prices for different

Tom Harkin

1:34:06 to 1:34:22( Edit History Discussion )

Tom Harkin: kinds of meat produced produced, that type of thing. it was not intended. and i kno the senator talked about the law of unintended consequences, but again i think the amendment is clear on this.

Tom Harkin

1:34:22 to 1:34:34( Edit History Discussion )

Tom Harkin: the intent is to ensure anti anticompetitive practices in the marketplace are not allowed, are not allowed, sumly because of an allege ed business -- simply because of an allege ed business justification.

Tom Harkin

1:34:34 to 1:34:48( Edit History Discussion )

Tom Harkin: that's what the court said in the picket case. and quite frankly how they found that in the packers and stockyards act, i don't know. so again i think right now -- right now i think that we have a case

Tom Harkin

1:34:48 to 1:35:00( Edit History Discussion )

Tom Harkin: where the packers, you'd want to say that all packers -- and i know a lot of them, and many of them are my friends. i'd like to say the ones i know are honest and above board, but that doesn't mean

Tom Harkin

1:35:00 to 1:35:14( Edit History Discussion )

Tom Harkin: they all are. and when it comes to making a profit here, maybe dealing something on the side, now they seem to have a green light. you can engage in collusive practices to manipulate the market and all

Tom Harkin

1:35:14 to 1:35:33( Edit History Discussion )

Tom Harkin: you got to do is going into court and say, business justification. and what's the business justification in i made more ? i made more money. but at whose expense? and that's why this amendment is so

Tom Harkin

1:35:33 to 1:35:50( Edit History Discussion )

Tom Harkin: important. and i think it's important that we at least clarify for our producers that the 11th circuit court's opinion in this is not the law of the land. we decide the law, not the 11 11th circuit

Tom Harkin

1:35:50 to 1:36:09( Edit History Discussion )

Tom Harkin: court of appeals. mr. president, i yield the floor.~ mr. chambliss: mr. president? the presiding officer: the senator from georgia is recognized. mr. chambliss: i rise today in opposition to this amendment,

Saxby Chambliss

1:36:09 to 1:36:24( Edit History Discussion )

Saxby Chambliss: and i too have great deference to those folks who till the soil and produce products that we all enjoy as consumers from an agriculture perspective. and i'm not a farmer, but i am a lawyer. i read laws

Saxby Chambliss

1:36:09 to 1:38:49( Edit History Discussion )
Speech By: Saxby Chambliss

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