[Congressional Record Volume 147, Number 70 (Monday, May 21, 2001)]
[Daily Digest]
[Pages D482-D485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                               Monday, May 21, 2001

[[Page D482]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S5185-S5404
Measures Introduced: Nine bills and two resolutions were introduced, as 
follows: S. 915-923, and S. Res. 91-91.                      
  Page S5269
Measures Passed:
  World War II Memorial Construction: Committee on Energy and Natural 
Resources was discharged from further consideration H.R. 1696, to 
expedite the construction of the World War II memorial in the District 
of Columbia, after agreeing to the following amendment proposed 
thereto:                                                 
  Pages S5260-62
  Warner (for Stevens) Amendment No. 745, in the nature of a 
substitute.                                              
Pages S5261-62
Tax Relief Reconciliation: Senate resumed consideration of H.R. 1836, 
to provide for reconciliation pursuant to section 104 of the concurrent 
resolution on the budget for fiscal year 2002, taking action on the 
following amendments proposed thereto:                
  Pages S5185-S5260
Adopted:
  Fitzgerald Amendment No. 670, to provide that no Federal income tax 
shall be imposed on amounts received by victims of the Nazi regime or 
their heirs or estates.                              
Pages S5185, S5249
  By a unanimous vote of 99 yeas (Vote No. 129), Smith (of N.H.) 
Amendment No. 680, to remove the limitation that certain survivor 
benefits can only be excluded with respect to individuals dying after 
December 31, 1996.                                
Pages S5227-28, S5258
Rejected:
  By 48 yeas to 50 nays (Vote No. 116), Carnahan/Daschle Amendment No. 
674, to provide a marginal tax rate reduction for all taxpayers. 
                                           Pages S5185, S5218-20, S5249
  By 35 yeas to 64 nays (Vote No. 119), Graham Amendment No. 687, of a 
perfecting nature.                                   
Pages S5185, S5252
  By 39 yeas to 60 nays (Vote No. 120), Graham Amendment No. 688, to 
provide a reduction in State estate tax revenues in proportion to the 
reduction in Federal estate tax revenues.         
Pages S5185, S5252-53
  By 39 yeas to 60 nays (Vote No. 123), Dodd Amendment No. 695, to 
limit the reduction in the 39.6% rate to 38% and to replace the estate 
tax repeal with increases in the unified credit and the family-owned 
business exclusion so that the savings may be used for Federal debt 
reduction and improvements to the Nation's nontransportation 
infrastructure.                                   
Pages S5208-14, S5254
  By 43 yeas to 56 nays (Vote No. 124), Dorgan Amendment No. 713, 
replacing the estate tax repeal with a phased-in increase in the 
exemption amount to $4,000,000, an unlimited qualified family-owned 
business exclusion beginning in 2003, and a reduction in the top rate 
to 45 percent.                          
Pages S5216-18, S5220-22, S5255
  By 49 yeas to 49 nays (Vote No. 126), McCain Amendment No. 660, to 
limit the reduction in the 39.6 rate bracket to 1 percentage point and 
to increase the maximum taxable income subject to the 15 percent rate. 
                                                  Pages S5224-25, S5256
Withdrawn:
  Baucus (for Biden) Amendment No. 676, to allow a credit to holders of 
qualified bonds issued by Amtrak.                            
Page S5246
  Landrieu Amendment No. 686, to expand the adoption credit and 
adoption assistance programs.                        
Pages S5185, S5252
  Hatch Amendment No. 697, to amend the Internal Revenue Code of 1986 
to permanently extend the research credit and to increase the rates of 
the alternative incremental credit.               
Pages S5195-98, S5253
  Hatch (for Kerry) Amendment No. 701 (to Amendment No. 697), to allow 
a credit against income tax for medical research related to developing 
vaccines against wide-spread diseases.            
Pages S5197-98, S5253
  Jeffords Amendment No. 707, to amend the Internal Revenue Code of 
1986 to expand the dependent care credit.         
Pages S5202-08, S5254
Pending:
  Collins/Warner Amendment No. 675, to provide an above-the-line 
deduction for qualified professional development expenses of elementary 
and secondary

[[Page D483]]

school teachers and to allow a credit against income tax to elementary 
and secondary school teachers who provide classroom materials. 
                                                     Pages S5185, S5249
  Feingold/Kohl Amendment No. 724, to eliminate the Medicaid death tax.
                                                             Page S5229
  Feingold Amendment No. 725, to increase the income limits applicable 
to the 10 percent rate bracket for individual income taxes. 
                                                         Pages S5229-30
  Feingold Motion to Commit the bill to the Committee on Finance with 
instructions to report back within three days.               
Page S5230
  Feingold Amendment No. 726, to preserve the estate tax for estates of 
more than $100 million in size and increase the income limits 
applicable to the 10 percent rate bracket for individual income taxes. 
                                                         Pages S5230-31
  Reid (for Harkin) Amendment No. 727, to delay the effective date of 
the reductions in the tax rate relating to the highest rate bracket 
until the enactment of legislation that ensures the long-term solvency 
of the social security and medicare trust funds.             
Page S5231
  Lincoln Amendment No. 711, to eliminate expenditures for tuition, 
fees, and room and board as qualified elementary and secondary 
education expenses for distributions made from education individual 
retirement accounts.                                     
Pages S5231-32
  Kerry Amendment No. 721, to exempt individual taxpayers with adjusted 
gross incomes below $100,000 from the alternative minimum tax and 
modify the reduction in the top marginal rate.           
Pages S5235-36
  Lieberman/Daschle Amendment No. 693, to provide immediate tax refund 
checks to help boost the economy and help families pay for higher gas 
prices and energy bills and to modify the reduction in the maximum 
marginal rate of tax.                                    
Pages S5237-38
  Gramm Amendment No. 736, to ensure debt reduction by providing for a 
mid-course review process.                               
Pages S5238-42
  Corzine Motion to Commit the bill to the Committee on Finance with 
instructions to report back within 3 days.               
Pages S5243-45
  Baucus (for Conrad) Amendment No. 743, to increase the standard 
deduction and to strike the final two reductions in the 36 and 39.6 
rate brackets.                                               
Page S5245
  Baucus (for Conrad) Amendment No. 744, to increase the standard 
deduction and to reduce the final reduction in the 39.6 percent rate 
bracket to 1 percentage point.                           
Pages S5245-46
  Reid (for Carper) Amendment No. 747, to provide responsible tax 
relief for all income taxpayers, by way of a $1,200,000,000,000 tax 
cut, and to make available an additional $150,000,000,000 for critical 
investments in education, particularly for meeting the Federal 
Government's commitments under IDEA, Head Start, and the bipartisan 
education reform and ESEA reauthorization bill.              
Page S5248
  During consideration of this measure today, Senate also took the 
following action:
  By 47 yeas to 51 nays (Vote No. 115), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Gregg Amendment No. 656, to provide a 
temporary reduction in the maximum capital gains rate from 20 percent 
to 15 percent. Subsequently, a point of order that the amendment was in 
violation of section 305(b)(2) of the Congressional Budget Act was 
sustained, and the amendment thus fell. 
                                        Pages S5185-90, S5246-48, S5248
  By 48 yeas to 51 nays (Vote No. 117), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Rockefeller Amendment No. 679, to delay the 
reduction of the top income tax rate for individuals until a real 
Medicare prescription drug benefit is enacted. Subsequently, a point of 
order that the amendment was in violation of section 305(b)(2) of the 
Congressional Budget Act was sustained, and the amendment thus fell. 
                                                  Pages S5185, S5249-50
  By 49 yeas to 50 nays (Vote No. 118), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Bayh Modified Amendment No. 685, to 
preserve and protect the surpluses by providing a trigger to delay tax 
reductions and new mandatory spending and limit discretionary spending 
if certain debt targets are not met over the next 10 years. 
Subsequently, a point of order that the amendment was in violation of 
section 305(b)(2) of the Congressional Budget Act was sustained, and 
the amendment thus fell.                
Pages S5185, S5242-43, S5250-52
  Allen Amendment No. 751 (to Amendment No. 685), to provide for a tax 
cut accelerator, fell when Bayh Modified Amendment No. 685 (listed 
above) was ruled out of order.                           
Pages S5251-52
  By 41 yeas to 58 nays (Vote No. 121), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Wellstone Motion to Commit the bill to the 
Committee on Finance with instructions to report back not later than 
that date that is 3 days after the date on which this motion is 
adopted. Subsequently, a point of order that the

[[Page D484]]

amendment was in violation of the Congressional Budget Act was 
sustained, and the motion thus fell.                         
Page S5253
  Wellstone Amendment No. 692 (to instructions on Motion to Commit), to 
establish a reserve account to provide funds for Federal education 
programs, fell when the Motion to Commit (listed above) was ruled out 
of order.                                                
Pages S5190-95
  By 39 yeas to 60 nays (Vote No. 122), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Byrd Amendment No. 703, to strike all 
marginal rate tax cuts except for the establishment of the 10 percent 
rate and strike all estate and gift tax provisions taking effect after 
2006 in order to provide funds to strengthen social security, extend 
the solvency of the Social Security Trust Funds, maintain progressivity 
in the social security benefit system, continue to lift more seniors 
out of poverty, extend the solvency of the Medicare Trust Funds, and 
provide prescription drug benefits. Subsequently, a point of order that 
the amendment was in violation of section 305(b)(2) of the 
Congressional Budget Act was sustained, and the amendment thus fell. 
                                            Pages S5198-S5202, S5253-54
  Senate sustained a point of order against Kyl Amendment No. 691, to 
amend the Internal Revenue Code of 1986 to allow a credit against 
income tax for contributions to charitable organizations which provide 
scholarships for children to attend elementary and secondary schools, 
as being in violation of section 305(b)(2) of the Congressional Budget 
Act of 1974, and the amendment thus fell.         
Pages S5214-16, S5254
  By 43 yeas to 56 nays (Vote No. 125), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Bingaman Amendment No. 717, to provide 
energy conservation and production tax incentives. Subsequently, a 
point of order that the amendment was in violation of section 305(b)(2) 
of the Congressional Budget Act was sustained, and the amendment thus 
fell.                                          
Pages S5222-24, S5255-56
  By 43 yeas to 56 nays (Vote No. 127), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of McCain Motion to Commit the bill to the 
Committee on Finance with instructions to report back forthwith. 
Subsequently, a point of order that the amendment was in violation of 
section 305(b)(2) of the Congressional Budget Act was sustained, and 
the motion thus fell.                          
Pages S5225-27, S5256-57
  By 11 yeas to 88 nays (Vote No. 128), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Smith (of N.H.) Amendment No. 723 (to 
Amendment No. 680), to make permanent the moratorium on the imposition 
of taxes on the Internet. Subsequently, a point of order that the 
amendment was in violation of section 305(b)(2) of the Congressional 
Budget Act was sustained, and the amendment thus fell. 
                                               Pages S5227-28, S5257-58
  By 48 yeas to 51 nays (Vote No. 130), three-fifths of those Senators 
duly chosen and sworn, not having voted in the affirmative, Senate 
rejected a motion to waive the Congressional Budget Act of 1974 with 
respect to consideration of Reid (for Kennedy) Amendment No. 684, to 
provide that reductions of the top marginal income tax rate will not 
take effect unless funding is provided at the levels authorized in 
amendments to S. 1, Better Education for Students and Teachers Act, 
that have been adopted by the Senate with respect to the Individuals 
With Disabilities Education Act, title I (State Grants for 
Disadvantaged Students) and part A of title II (Teacher Quality) of the 
Elementary and Secondary Education Act of 1965 (as amended by S. 1), 
and provisions of such Act concerning the education of students with 
limited English proficiency, and after school care in 21st Century 
Learning Centers. Subsequently, a point of order that the amendment was 
in violation of section 305(b)(2) of the Congressional Budget Act was 
sustained, and the amendment thus fell.        
Pages S5228-29, S5258-59
  By a unanimous vote of 99 yeas (Vote No. 131), Senate upheld a ruling 
of the Chair that a quorum call is not in order.             
Page S5260
  A unanimous-consent agreement was reached providing for further 
consideration of the bill and certain amendments on Tuesday, May 22, 
2001.                                                 
Pages S5399-S5400
Messages From the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report on U.S. Trade and Investment 
Policy toward Sub-Saharan Africa and Implementation of the African 
Growth and Opportunity Act; to the Committee on Finance. (PM-21) 
                                                             Page S5265
Nominations Received: Senate received the following nominations:

[[Page D485]]


  Sharon Prost, of the District of Columbia, to be United States 
Circuit Judge for the Federal Circuit.
  1 Marine Corps nomination in the rank of general.
  Routine lists in the Army, Navy.                       
Pages S5400-04
Executive Communications:                                
  Pages S5265-66
Petitions and Memorials:                                 
  Pages S5266-69
Executive Reports of Committees:                             
  Page S5269
Measures Referred:                                           
  Page S5265
Statements on Introduced Bills:                          
  Pages S5271-78
Additional Cosponsors:                                   
  Pages S5269-71
Amendments Submitted:                                 
  Pages S5279-S5399
Additional Statements:                                   
  Pages S5263-65
Notices of Hearings:                                         
  Page S5399
Authority for Committees:                                    
  Page S5399
Privilege of the Floor:                                      
  Page S5399
Record Votes: Seventeen record votes were taken today. (Total--131) 
                                        Pages S5248-50, S5252-58, S5260
Adjournment: Senate met at 9:31 a.m., and adjourned at 11:53 p.m., 
until 9:30 a.m., on Tuesday, May 22, 2001.