[Congressional Record Volume 147, Number 71 (Tuesday, May 22, 2001)]
[Daily Digest]
[Pages D489-D493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                              Tuesday, May 22, 2001

[[Page D489]]

                              Daily Digest


HIGHLIGHTS

      The House agreed to the Senate amendment to H.R. 1696, to 
      expedite the construction of the World War II Memorial--clearing 
      the measure for the President
      The House passed H.R. 1831, Small Business Liability Protection 
      Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S5405-S5488
Measures Introduced: Eleven bills and four resolutions were introduced, 
as follows: S. 924-934, S.J. Res. 14-15, S. Res. 93, and S. Con. Res. 
41.                                                      
  Pages S5438-39
Measures Passed:
   Congratulating University of Minnesota: Senate agreed to S. Res. 93, 
congratulating the University of Minnesota, its faculty, staff, 
students, alumni, and friends, for 150 years of outstanding service to 
the State of Minnesota, the Nation, and the world.           
  Page S5483
  National Emergency Medical Services Week: Committee on the Judiciary 
was discharged from further consideration of S. Con. Res. 40, 
expressing the sense of Congress regarding the designation of the week 
of May 20, 2001, as ``National Emergency Medical Services Week'', and 
the resolution was then agreed to.                           
  Page S5483
  Use of Capitol Grounds/JFK Center: Senate agreed to H. Con. Res. 76, 
authorizing the use of the East Front of the Capitol Grounds for 
performances sponsored by the John F. Kennedy Center for the Performing 
Arts.                                                        
  Page S5483
  Use of Capitol Grounds/Soap Box Derby: Senate agreed to H. Con. Res. 
79, authorizing the use of the Capitol Grounds for the Greater 
Washington Soap Box Derby.                                   
  Page S5483
  Use of Capitol Grounds/Special Olympics: Senate agreed to H. Con. 
Res. 87, authorizing the 2001 District of Columbia Special Olympics Law 
Enforcement Torch Run to be run through the Capitol Grounds. 
                                                             Page S5483
  Use of Capitol Grounds/National Book Festival: Senate agreed to S. 
Con. Res. 41, authorizing the use of the Capitol Grounds for the 
National Book Festival.                                  
  Pages S5483-84
  Fallen Hero Survivor Benefit Fairness Act: Senate passed H.R. 1727, 
to amend the Taxpayer Relief Act of 1997 to provide for consistent 
treatment of survivor benefits for public safety officers killed in the 
line of duty, clearing the measure for the President.        
  Page S5484
Tax Relief Reconciliation: Senate continued 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 S5405-28
Rejected:
  By 46 yeas to 53 nays (Vote No. 133), Feingold Amendment No. 725, to 
increase the income limits applicable to the 10 percent rate bracket 
for individual income taxes.                      
Pages S5405, S5406-07
  By 30 yeas to 69 nays (Vote No. 134), Feingold Motion to Commit the 
bill to the Committee on Finance with instructions to report back 
within three days.                                   
Pages S5405, S5407
  By 48 yeas to 51 nays (Vote No. 135), 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 S5405, S5407-08
  By 41 yeas to 58 nays (Vote No. 136), 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 S5405, S5408

[[Page D490]]


  By 46 yeas to 53 nays (Vote No. 138), 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 S5405, S5409
  By 43 yeas to 56 nays (Vote No. 139), 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 S5405-06, S5410
  By 46 yeas to 53 nays (Vote No. 141), 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.      
                                                  Pages S5406, S5411-12
  By 47 yeas to 52 nays (Vote No. 142), 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 S5406, S5412
  By 50 yeas to 50 nays (Vote No. 149), Daschle/McCain Amendment No. 
768, 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 S5419-20
  By 42 yeas to 57 nays (Vote No. 151), Levin Amendment No. 770, to 
accelerate the increase in exemption amount for estates and reduce the 
reduction in the 39.6 percent marginal tax rate.         
                                                         Pages S5421-22
  By 44 yeas to 55 nays (Vote No. 152), Levin Amendment No. 771, to 
make the maximum amount of the deduction for higher education expenses 
fully effective immediately, to repeal the termination of such 
deduction, and to provide an offset for revenue loss.    
                                                         Pages S5422-23
  By 43 yeas to 56 nays (Vote No. 155), Durbin (for Kennedy) Amendment 
No. 698, to allow the Hope Scholarship Credit for all costs of 
attendance and to decrease the reduction in the 39.6 rate. 
                                                         Pages S5424-25
  By 42 yeas to 57 nays (Vote No. 158), Conrad Amendment No. 781, to 
reduce debt by eliminating the repeal of the estate tax. 
                                                         Pages S5427-28
                                                             Withdrawn:
  Gramm Amendment No. 736, to ensure debt reduction by providing for a 
mid-course review process.                           
                                                     Pages S5406, S5410
                                                               Pending:
  Collins/Warner Amendment No. 675, to provide an above-the-line 
deduction for qualified professional development expenses of elementary 
and secondary school teachers and to allow a credit against income tax 
to elementary and secondary school teachers who provide classroom 
materials.                                                   
                                                             Page S5405
  During consideration of this measure today, Senate also took the 
following actions:
  By 41 yeas to 58 nays (Vote No. 132), 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 Feingold/Kohl Amendment No. 724, to 
eliminate the Medicaid death tax. 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 S5405, S5406
  By 45 yeas to 54 nays (Vote No. 137), 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 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. 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 S5405, S5408-09
  By 43 yeas to 56 nays (Vote No. 140), 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 Corzine Motion to Commit the bill to the 
Committee on Finance with instructions to report back within 3 days. 
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 S5406, S5410-11
  By 43 yeas to 55 nays (Vote No. 143), 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 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. 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 S5406, S5412-13

[[Page D491]]


  By 41 yeas to 58 nays (Vote No. 144), 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 Daschle Amendment No. 722, of a perfecting 
nature. 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 S5413-15
  By 41 yeas to 57 nays (Vote No. 145), 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 Conrad Motion to Commit the bill to the 
Committee on Finance with instructions to report back within 3 days. 
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 S5415-16
  By 55 yeas to 33 nays (Vote No. 146), 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/Dorgan Amendment No. 765, to amend 
title II of the Social Security Act to allow workers who attain age 65 
after 1981 and before 1992 to choose either lump sum payments over four 
years totaling $5,000 or an improved benefit computation formula under 
a new 10-year rule governing the transition to the changes in benefit 
computation rules enacted in the Social Security Amendments of 1977. 
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 S5416-18
  By 41 yeas to 58 nays (Vote No. 147), 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 Levin Amendment No. 756, to require the 
Secretary of the Treasury to adjust the reduction in the highest 
marginal income rate if the discretionary spending level is exceeded in 
fiscal year 2002. 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.                      
                                                             Page S5418
  By 49 yeas to 50 nays (Vote No. 148), 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 Boxer Amendment No. 767, to aid public 
health and improve water safety by providing tax-exempt bond authority 
to water systems to comply with the 10 parts per billion arsenic 
standard recommended by the National Academy of Sciences and adopted by 
the World Health Organization and European Union. 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 S5418-19
  By 42 yeas to 57 nays (Vote No. 150), 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 Nelson (of FL) Amendment No. 748, to 
provide a proportionate reduction in the credit for State death taxes 
before repeal, thereby allowing for responsible full estate tax repeal. 
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 S5420-21
  By 45 yeas to 54 nays (Vote No. 153), 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 Kennedy Amendment No. 699, to condition the 
reductions in the 39.6 percent rate in 2002, 2005, and 2007 on the 
Federal Government funding certain increases in the maximum Federal 
Pell Grant amounts. 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.                  
                                                             Page S5423
  By 45 yeas to 54 nays (Vote No. 154), 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 Kennedy Amendment No. 700, to condition the 
reductions in the 39.6 percent rate in 2005 and 2007 on the Federal 
Government sufficiently funding Head Start to enable every eligible 
child access to such program. 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 S5423-24
  By 39 yeas to 60 nays (Vote No. 156), 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 within 3 days. 
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.                                        
                                                             Page S5425

[[Page D492]]


  By 43 yeas to 56 nays (Vote No. 157), 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 Harkin Amendment No. 730, to amend the 
Internal Revenue Code of 1986 to adjust the income tax rates and to 
provide a credit to teachers and nurses for higher education loans. 
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 S5425-26
  A unanimous-consent agreement was reached providing for further 
consideration of the bill and certain amendments on Wednesday, May 23, 
2001.                                                        
                                                             Page S5484
Appointments:
  U.S. Commission on International Religious Freedom: The Chair, on 
behalf of the President pro tempore, upon the recommendation of the 
Majority Leader, pursuant to Public Law 105-292, as amended by Public 
Law 106-55, reappointed Michael K. Young, of Washington, D.C., to the 
United States Commission on International Religious Freedom. 
                                                             Page S5482
  Vietnam Education Foundation: The Chair, on behalf of the President 
pro tempore and upon the recommendation of the Democratic Leader, 
pursuant to Public Law 106-554, appointed Senator Kerry to the Board of 
Directors of the Vietnam Education Foundation.               
  Page S5482
Nominations Confirmed: Senate confirmed the following nominations:
  Lincoln P. Bloomfield, Jr., of Virginia, to be an Assistant Secretary 
of State (Political-Military Affairs).
  William D. Hansen, of Virginia, to be Deputy Secretary of Education. 
(Prior to this action, Senate discharged the Committee on Health, 
Education, Labor and Pensions from further consideration.)
  Lou Gallegos, of New Mexico, to be an Assistant Secretary of 
Agriculture.
  Mary Kirtley Waters, of Virginia, to be an Assistant Secretary of 
Agriculture.
  Eric M. Bost, of Texas, to be Under Secretary of Agriculture for 
Food, Nutrition, and Consumer Services.
  William T. Hawks, of Mississippi, to be Under Secretary of 
Agriculture for Marketing and Regulatory Programs.
  J. B. Penn, of Arkansas, to be Under Secretary of Agriculture for 
Farm and Foreign Agricultural Services.
  Alfred Rascon, of California, to be Director of Selective Service.
  Gordon England, of Texas, to be Secretary of the Navy.
  1 Air Force nomination in the rank of general. 
                                                  Pages S5482-83, S5488
Nominations Received: Senate received the following nominations:
  Eduardo Aguirre, Jr., of Texas, to be First Vice President of the 
Export-Import Bank of the United States for a term expiring January 20, 
2005.
  Donald E. Powell, of Texas, to be Chairperson of the Board of 
Directors of the Federal Deposit Insurance Corporation for a term of 
five years.
  Donald E. Powell, of Texas, to be a Member of the Board of Directors 
of the Federal Deposit Insurance Corporation for a term of six years.
  Janet Hale, of Virginia, to be an Assistant Secretary of Health and 
Human Services.
  Wendy Jean Chamberlin, of Virginia, to be Ambassador to the Islamic 
Republic of Pakistan.
  William S. Farish, of Texas, to be Ambassador to the United Kingdom 
of Great Britain and Northern Ireland.
  Francis Xavier Taylor, of Maryland, to be Coordinator for 
Counterterrorism, with the rank and status of Ambassador at Large.
  Neal A. McCaleb, of Oklahoma, to be an Assistant Secretary of the 
Interior.
  Thomas L. Sansonetti, of Wyoming, to be an Assistant Attorney 
General.
  Lavenski R. Smith, of Arkansas, to be United States Circuit Judge for 
the Eighth Circuit.
  41 Army nominations in the rank of general.
  1 Navy nomination in the rank of admiral.              
                                                         Pages S5487-88
Executive Reports of Committees:                             
  Page S5438
Messages From the House:                                     
  Page S5438
Measures Referred:                                           
  Page S5438
Statements on Introduced Bills:                          
  Pages S5441-69
Additional Cosponsors:                                   
  Pages S5439-41
Amendments Submitted:                                    
  Pages S5469-82
Additional Statements:                                   
  Pages S5434-37
Authority for Committees:                                    
  Page S5482
Record Votes: Twenty-seven record votes were taken today. (Total--158) 
                              Pages S5406-13, S5415-16, S5418-26, S5428
Adjournment: Senate met at 9:33 a.m., and adjourned at 10:13 p.m., 
until 9:30 a.m., on Wednesday, May 23, 2001. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S5484.)

[[Page D493]]