[Congressional Record Volume 149, Number 46 (Friday, March 21, 2003)]
[Senate]
[Pages S4226-S4258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONGRESSIONAL BUDGET FOR THE U.S. GOVERNMENT FOR FISCAL YEAR 2004
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will now resume consideration of S. Con. Res. 23, which the
clerk will report.
The legislative clerk read as follows:
A concurrent resolution (S. Con. Res. 23) setting forth the
congressional budget for the U.S. Government for fiscal year
2004 and including the appropriate budgetary levels for
fiscal year 2003 and for fiscal years 2005 through 2013.
Pending:
Schumer amendment No. 299, to provide immediate assistance
to meet pressing homeland security needs by providing funding
in 2003 for first responders, port security, bioterrorism
preparedness and prevention, border security and transit
security, the FBI; to restore the elimination of funding of
the COPS program, firefighter equipment grants, Byrne Grants
and Local Law enforcement grants; to provide a sustained
commitment of resources for homeland security needs without
reducing funding to other key domestic law enforcement and
public safety priorities; and to reduce the deficit.
Brownback amendment No. 282, to express the sense of the
Senate that a commission be established to review the
efficiency of Federal agencies.
Conrad (for Feingold/Corzine) amendment No. 270, to set
aside a reserve fund for possible military action and
reconstruction in Iraq.
Breaux Amendment No. 339, to reduce tax cuts by $375
billion and to reduce projected deficits by $464 billion.
The ACTING PRESIDENT pro tempore. Under the previous order, the time
until 9:45 will be equally divided between the chairman and the ranking
member of the Budget Committee.
Who yields time?
Mr. REID. On behalf of Senator Conrad, we yield time to the Senator
from New York.
The ACTING PRESIDENT pro tempore. The Senator from New York.
Amendment No. 299
Mr. SCHUMER. Mr. President, the first vote will be on the amendment
that I offered, along with many of my colleagues: Senator Clinton,
Senator Daschle, Senator Byrd, and Senator Lieberman. It is the
homeland security amendment that we debated. I remind my colleagues how
important homeland security is, how we have to fight a good offense.
Praise God, it seems as if that is going quite well in Iraq. It is also
very important for us to fight defense and we have not been doing an
adequate job.
I believe Senator Cochran will offer an alternative version later on
today, but I would make two points about the Schumer amendment as
opposed to the Cochran amendment. One is that the Cochran amendment is
not as generous, as I understand it. I have just received it. It is
even in this fiscal year, the 2003 fiscal year, when our police
officers, our firefighters are hurting from one end of the country to
the other, when our port security is not what it should be, when our
rail security is not what it should be, the Cochran amendment is
considerably lower.
I am sure if my colleagues go back and ask their police and fire
departments which amendment they prefer, it is the Schumer amendment.
Second and more important, we have close to a $700 billion tax cut.
We also have programs on education, on health care, on transportation,
the FBI and everything else. The alternative amendment cuts every one
of those. Are my colleagues going to tell their police departments that
they are going to take away Byrne grants and COPS money to give them
this money? Are they going to take away fire money to give them this
money? Are they going to cut road building? Are they going to cut the
FBI? Are they going to cut everything that is in function 920 to do
homeland security? Just as we should not be pitting the defense and the
money needed for our soldiers overseas against domestic needs like
education, health care and transportation, we should not be pitting
homeland security against that. I ask my colleagues to think about
it. We have a huge tax cut. This amendment takes a very small amount--
in a quick calculation--less than 1 or 2 percent of that tax cut.
Where should the money come from? I don't believe we are actually
going to cut education any further, no matter what this budget
resolution does. I don't believe we will cut health care any further. I
don't think we will cut road building any further. They are stretched
to the bone because of the necessities of the budget.
This amendment offers the real chance at homeland security. This is
the amendment. To insist that every dollar of the tax cut must be
sacrosanct while we sacrifice the rest of the Government--when your
school boards come to you, when your hospitals come to you, when your
construction companies come to you, and your Governors and mayors and,
of course, your police chiefs and firefighters, are you going to say
you let them down?
I urge, I hope, I pray; this is a time when we need unity. There is
no problem, none whatever, with taking a small amount, a total over 10
years of $38 billion, a total of over $5 billion this fiscal year,
2003, and next year, 2004, getting to $8 billion, out of that tax cut
because that will fund homeland security.
I urge my colleagues to vote for this amendment and stand up for
their local police, their local firefighters, their local schools.
Mr. REID. Mr. President, the two leaders have agreed the second vote
should start at 10:30 and I ask unanimous consent that that be the
case.
Mr. NICKLES. I have no objection.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from Oklahoma.
Mr. NICKLES. Mr. President, just for the information of our
colleagues, we will have a vote to begin in a couple minutes on the
Schumer amendment, and then the second vote will begin at 10:30 on the
Cochran amendment that is also in relation to homeland security.
I urge my colleagues, with great respect, to oppose the Schumer
amendment. His amendment would add $88 billion over 10 years for a
variety of homeland security programs, law enforcement assistance. I
contacted the
[[Page S4227]]
Secretary of Homeland Security, Mr. Ridge, and asked for their position
on this amendment. I ask unanimous consent to have printed in the
Record a letter from Secretary Ridge: ``The Administration opposes the
pending Schumer amendment'' in the second paragraph.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Department of Homeland Security, Office of the Secretary,
Washington, DC, March 21, 2003.
Hon. William Frist,
Senate Majority Leader,
Washington, DC.
Dear Senator Frist: I appreciate your leadership as
Congress deliberates the FY 2004 Budget Resolution. I am
writing to urge you and your colleagues to maintain an
appropriate balance between adequate funding provided for
homeland security programs, program levels that can be spent
responsibly, and fiscal discipline.
The Administration opposes the pending Schumer amendment.
Substantial additional funding levels in the Budget
resolution could be diverted away from terrorism preparedness
and into activities that are traditionally funded by state
and local governments. Defending our homeland is not just
about spending more money. We need to ensure that funding
provided for ``homeland security'' is truly directed to
programs that help protect America against terrorism--the
President's FY 2004 Budget support these programs as does the
Senate Budget Resolution.
The FY 2004 budget represents a doubling of funding for
non-defense homeland security since the September 11th
terrorist attacks. This year, the President is requesting
$3,558 billion in First Responder funding for terrorism
preparedness grants and training and assistance. The Budget
also includes $4.8 billion for the Transportation Security
Agency--this level will fund a complete airport screener
workforce, maintain nearly 10,000 pieces of TSA screening
equipment, ensure coverage on commercial aircraft with
additional Federal Air Marshals, and assess methods for
improved screening of air cargo on commercial flights. More
than $1.6 billion is requested for biodefense research.
Through this investment and the proposed BioShield
initiative, the President is moving as quickly as possible to
research, develop and procure bioterror countermeasures. The
Budget also provides $6.7 billion for DHS's Bureau of Customs
and Border Protection--this level will support the continued
development of the comprehensive Entry/Exit system,
infrastructure and technology investments including remotely
operated infrared cameras to monitor isolated border areas,
radiation detection and x-ray machines for inspecting cargo
containers, and $62 million for the Container Security
Initiative.
As I indicated on Wednesday, the President intends to send
a supplemental appropriations request to Congress in the near
future to support the homeland security efforts of state and
local entities during this time of heightened threat.
Sincerely,
Tom Ridge.
Mr. NICKLES. We have to decide, are we going to have individual
Senators come here and say we know best, we ought to give the
Secretary--this is a new Secretary, a new Department, where the funding
for these items has more than doubled in the last 2 years--a very
significant increase.
The increase we have this year over last year is 18.4 percent. In
addition to that, when we vote on the Cochran amendment, we will be
increasing funds for this function for fiscal year 2003, the year we
are in, an additional $3.5 billion. That is more than enough to make up
for any deficiencies in first responders and also gives additional
money for other necessary items in homeland security. Senator Cochran
will explain that amendment when we vote at 10:30.
I urge our colleagues to vote no on the Schumer amendment.
This amendment will have a 15-minute vote, and possibly the next
amendment will have 15 minutes, and then we will have a series of
rollcall votes. We have 10 amendments in the queue, and today we will
possibly vote on a lot of amendments. We urge colleagues, particularly
on the second round, to stay on the floor and to be as attentive as
possible because we will try to stay to the 10-minute timeframe to
accommodate as many amendments as are necessary.
I yield the floor.
Mr. SARBANES. Mr. President, I rise in strong support of the
amendment offered by Senator Schumer that would provide $88 billion in
desperately needed funding for homeland security efforts at the
Federal, State, and local levels.
In the State of Maryland and across the Nation, State, local, and
regional authorities have been called upon to meet the mounting
challenges we face in strengthening our domestic security. Many of our
local officials have accepted this challenge with great resolve, and
there have been many improvements in protecting the American people
against the increased dangers with which we now live.
Despite these efforts, homeland security enhancements remain woefully
inadequate, and states, counties, and cities across the country are
stretched to their financial limits. The U.S. Conference of Mayors and
the National League of Cities estimate that over $3 billion has been
spent by our cities toward terrorism preparedness. An editorial in
today's Baltimore Sun highlights the serious costs incurred by the City
of Baltimore, which are estimated at $12.5 million. Despite the City's
best efforts, there remain serious concerns about its readiness for an
attack. As the Sun asserts:
[a]mong them are the inability of Baltimore County, Baltimore
City, and the Maryland State Police to communicate on a
single radio system. Also, many police departments lack
sufficient tools for coping with a disaster, such as
equipment to detect radiation.
With the commencement of engagement by United States military forces
in Iraq, we stand united as a country and will rally behind the men and
women of our armed forces to give them the support they deserve. We
must and will remain steadfast and resolute in our strong backing of
the courageous men and women who are being sent into harm's way. As we
demonstrate our support for our troops overseas, however, we must not
relent in our support for the men and women who stand ready to protect
us each and every day on our own shores.
This past Monday evening, President Bush declared that ``[j]ust as we
are preparing to ensure victory in Iraq, we are taking further actions
to protect our homeland.'' In conjunction with the President's address
to the nation, Homeland Security Secretary Tom Ridge announced the
administration's decision to raise our threat assessment again to Level
Orange. This time, however, the rise in threat level was accompanied by
a broad plan to increase security across the country, dubbed
``Operation Liberty Shield.'' This call to our nation's domestic
troops--our firefighters, policemen, and emergency medical personnel--
will not go unheeded. As the events of September 11 so horribly
demonstrated, these brave men and women place themselves in harm's way
each and every day, and will continue to face any danger to protect the
freedoms and the lives of innocent Americans. In a very real sense, our
troops abroad and our first responders at home stand together to
provide for our common defense.
Law enforcement agencies and fire departments across the nation have
been stretched even further by Reserve call-ups. A study by the
Department of Justice has estimated that 44 percent of law enforcement
agencies have lost members to the war effort, and, according to
estimates, 75 percent of the Nation's firehouses are home to
reservists.
As we continue to ask more of our first responders, the
administration has repeatedly undermined the critical efforts of these
brave men and women by consistently refusing to provide the resources
they need to do their jobs. Just as we have made a commitment to
supporting our troops abroad and providing them with the most advanced
equipment, we must make a more concrete Federal commitment to our first
responders.
The Assistance to Firefighters Grant Program has been a highly
successful effort to get much-needed Federal support directly to the
nation's firehouses. The Republican budget proposal directs only $500
million to this critical program. This represents a $250 million cut
from the amount enacted for the current fiscal year, and $400 million
less than has been authorized by the Congress.
The National Fire Protection Agency, NFPA, has found that a minimum
of four firefighters are needed to safely attack an interior structure
fire. The congressionally mandated ``Needs Assessment of the U.S. Fire
Service,'' published jointly by the Federal Emergency Management Agency
and NFPA this past December, has shown that this personnel target is
met in far too few cases. I have cosponsored legislation, introduced by
Senator Dodd, entitled the Staffing for Adequate Fire and
[[Page S4228]]
Emergency Response Act, or SAFER Act, which would create a grant
program specifically for the hiring of new firefighters to address this
need. Senator Schumer's amendment would provide $11 billion over ten
years toward the FIRE and SAFER Acts.
The Republican budget we have before us also cuts programs for state
and local law enforcement by over $1 billion. The Administration has
proposed eliminating the Byrne Grant program, zero funding the COPS
hiring program, ending the Local Law Enforcement Block Grant Program,
canceling the COPS in Schools program, and slashing the COPS technology
program. Senator Schumer's amendment would restore these unwise cuts.
This budget does little to address the inadequate safeguards to our
Nation's 361 seaports. One frightening estimate suggests that, of the 6
million shipping containers that enter the country each year, only two
percent are actually inspected. The Port of Baltimore, in my own State,
is one of the busiest seaports in the nation, handling over 30 million
tons of cargo each year.
Last November we took a significant first step in improving port
security by passing the Maritime Transportation Security Act by an
overwhelming margin. I joined 94 of my Senate colleagues in supporting
the passage of this measure, and the bill was signed into law by
President Bush soon thereafter. However, while the Administration and
my Republican colleagues supported the mandates offered in this
legislation, they have again failed in providing the funding to fulfill
these commitments. The U.S. Coast Guard has estimated that the cost to
the private sector for port security improvements called for in the
legislation would total $4.4 billion. This budget's entire allocation
for port security is a meager $200 million.
I want to turn for a moment to the security of our Nation's surface
transportation systems. Roughly one-third of terrorist attacks
worldwide target transportation systems. According to the Mineta
Transportation Institute, surface transportation systems were the
target of more than 195 terrorist attacks from 1997 to 2000. Clearly,
there is an acute need to improve the security of our transportation
infrastructure, and particularly our nation's transit systems--buses,
subways, ferries and light rail--which carry 14 million Americans every
workday. A recent GAO study identified significant security needs at
our nation's transit agencies, where, according to the study,
``insufficient funding is the most significant challenge in making
their transit systems as safe and secure as possible.'' In fact, at
only eight of the transit agencies they visited, the GAO found over
$700 million in identified security needs. And yet, the budget
resolution demonstrates no commitment to helping transit systems become
more secure. Despite the elevated risk levels we are currently
experiencing, this budget provides only a minimal increase in Federal
transit spending and dedicates no resources within the budget of the
Transportation Security Administration for transit security. We owe it
to our nation's transit riders to do more.
This week, the administration again pledged its support for increased
funding for state and local governments toward homeland security. We
have heard many of these pledges over the past year, and,
unfortunately, the administration has repeatedly fallen short on its
promises. The rhetoric of support for our nation's first responders and
upgrades to our homeland security will continue to ring hollow if not
accompanied by the resources desperately needed for these critical
efforts.
I urge my colleagues to support Senator Schumer's amendment. If the
Congress and the administration are to enact legislation signaling our
commitment to securing the homeland, we must provide the resources to
provide even the most basic levels of protection. We must demonstrate
steely resolve in our efforts to protect our citizens and critical
infrastructure, and this will not be achieved if the resources
committed to the task are inadequate.
The PRESIDING OFFICER (Mr. Voinovich). The question is on agreeing to
the Schumer amendment No. 299.
Mr. SCHUMER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 45, nays 54, as follows:
[Rollcall Vote No. 65 Leg.]
YEAS--45
Akaka
Bayh
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--54
Alexander
Allard
Allen
Baucus
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Murkowski
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--1
Miller
The amendment (No. 299) was rejected.
Mr. NICKLES. Mr. President, I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. (Mr. Chafee.) The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I thank my colleagues. That is the first
vote. We will probably have several votes. We have already entered
consent that the next vote will begin at 10:30. For the information of
my colleagues, that will be on the Cochran amendment.
We allowed this amendment timeframe to extend. We are going to be
much closer to enforcing the time limit of 10 minutes on the following
votes. The next amendment will have a 15-minute time limit, but after
that we expect to enforce the 10-minute time limit.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. CONRAD. Mr. President, so we can alert colleagues to what we are
faced with today, we have over 100 amendments that have been noticed to
the managers. At three amendments an hour, maybe a little more than
that, four amendments an hour would be 25 hours; three amendments an
hour, 35 hours. So we will ask colleagues to call us and let us know if
their amendments are that important to them or that they could wait for
another day. I urge colleagues to talk with their staffs and alert us
as to amendments that do not need to be offered today. That is No. 1.
No. 2, when we get into this, we will need to do these votes 10
minutes apiece, as the chairman has indicated. We will have to be very
disciplined to do that. That is the only way we can get through these
amendments in a way that will allow us to complete business on any
reasonable schedule. We need to put colleagues on notice that that is
the way the day will have to go if we are going to get done.
I yield the floor.
Mr. NICKLES. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. NICKLES. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Measures Placed on Calendar--H.R. 5, H.R. 975, H.R. 1047, and H.R. 1308
Mr. NICKLES. Mr. President, I understand there are four bills at the
desk which are due for a second reading.
[[Page S4229]]
The PRESIDING OFFICER. The Senator is correct.
Mr. NICKLES. Mr. President, I ask unanimous consent that it be in
order to read the titles of the bills en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will state the bills by title.
The legislative clerk read as follows:
A bill (H.R. 5) to improve patient access to health care
services and provide improved medical care by reducing the
excessive burden the liability system places on the health
care delivery system.
A bill (H.R. 975) to amend title 11 of the United States
Code, and for other purposes.
A bill (H.R. 1047) to amend the Harmonized Tariff Schedule
of the United States to modify temporarily certain rates of
duty, to make other technical amendments to the trade laws,
and for other purposes.
A bill (H.R. 1308) to amend the Internal Revenue Code of
1986 to end certain abusive tax practices, to provide tax
relief and simplification, and for other purposes.
Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate
proceed to the measures en bloc and object to further proceeding en
bloc.
The PRESIDING OFFICER. Objection having been heard, the bills will be
placed on the calendar.
Mr. NICKLES. I thank the Chair.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. NICKLES. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NICKLES. Mr. President, I believe the next amendment in order is
the Cochran amendment.
I yield to the Senator from Mississippi.
The PRESIDING OFFICER. The Senator from Mississippi is recognized.
Amendment No. 369
Mr. COCHRAN. Mr. President, I have an amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Mississippi (Mr. Cochran) proposes an
amendment numbered 369.
Mr. COCHRAN. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 23, line 15, increase the amount by $3,500,000,000.
On page 23, line 16, increase the amount by $1,575,000,000.
On page 23, line 20, increase the amount by $875,000,000.
On page 23, line 24, increase the amount by $525,000,000.
On page 24, line 3, increase the amount by $350,000,000.
On page 24, line 7, increase the amount by $175,000,000.
On page 4, line 14, increase the amount by $3,500,000,000.
On page 5, line 4, increase the amount by $1,575,000,000.
On page 5, line 5, increase the amount by $875,000,000.
On page 5, line 6, increase the amount by $525,000,000.
On page 5, line 7, increase the amount by $350,000,000.
On page 5, line 8, increase the amount by $175,000,000.
On page 5, line 17, decrease the amount by $1,575,000,000.
On page 5, line 18, decrease the amount by $875,000,000.
On page 5, line 19, decrease the amount by $525,000,000.
On page 5, line 20, decrease the amount by $350,000,000.
On page 5, line 21, decrease the amount by $175,000,000.
On page 46, line 20, increase the amount by $3,500,000,000.
On page 46, line 21, increase the amount by $1,575,000,000.
On page 47, line 6, increase the amount by $875,000,000.
On page 47, line 15, increase the amount by $525,000,000.
Mr. COCHRAN. Mr. President, this amendment will increase the fiscal
year 2003 totals in the budget resolution to provide an additional $3.5
billion in funding for homeland security.
Based on information about possible terrorist attacks against U.S.
interests, the Secretary of Homeland Security earlier this week raised
the national threat alert level to orange, indicating a higher risk of
terrorist attack. We must support the actions being taken across our
country to mobilize Federal response assets, strengthen the protection
of our transportation systems, tighten security at our borders and
ports, increase public health preparedness, and improve the
capabilities of first responders.
Secretary Ridge confirmed in a letter today that a supplemental
appropriations request will be sent to Congress by the President in the
near future to support homeland security efforts. This amendment will
accommodate additional funding to meet these immediate homeland
security needs, and I urge Senators to support it.
Mr. President, I ask unanimous consent that a copy of the letter I
described addressed to the Honorable William Frist, Senate majority
leader, from Tom Ridge be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Department of
Homeland Security,
Washington, DC, March 21, 2003.
Hon. William Frist,
Senate Majority Leader,
Washington, DC.
Dear Senator Frist: I appreciate your leadership as
Congress deliberates the FY 2004 Budget Resolution. I am
writing to urge you and your colleagues to maintain an
appropriate balance between adequate funding provided for
homeland security programs, program levels that can be spent
responsibly, and fiscal discipline.
The Administration opposes the pending Schumer amendment.
Substantial additional funding levels in the Budget
resolution could be diverted away from terrorism preparedness
and into activities that are traditionally funded by state
and local governments. Defending our homeland is not just
about spending more money. We need to ensure that funding
provided for ``homeland security'' is truly directed to
programs that help protect America against terrorism--the
President's FY 2004 Budget supports these programs as does
the Senate Budget Resolution.
The FY 2004 budget represents a doubling of funding for
non-defense homeland security since the September 11th
terrorist attacks. This year, the President is requesting
$3,558 billion in First Responder funding for terrorism
preparedness grants and training and assistance. The Budget
also includes $4.8 billion for the Transportation Security
Agency--this level will fund a complete airport screener
workforce, maintain nearly 10,000 pieces of TSA screening
equipment, ensure coverage on commercial aircraft of with
additional Federal Air Marshals, and assess methods for
improved screening of air cargo on commercial flights. More
than $1.6 billion is requested for biodefense research.
Through this investment and the proposed BioShield
initiative, the President is moving as quickly as possible to
research, develop and procure bioterror countermeasures. The
Budget also provides $6.7 billion for DHS's Bureau of Customs
and Border Protection--this level will support the continued
development of the comprehensive Entry/Exit system,
infrastructure and technology investments including remotely
operated infrared cameras to monitor isolated border areas,
radiation detection and x-ray machines for inspecting cargo
containers, and $62 million for the Container Security
Initiative.
As I indicated on Wednesday, the President intends to send
a supplemental appropriations request to Congress in the near
future to support the homeland security efforts of state and
local entities during this time of heightened threat.
Sincerely,
Tom Ridge,
Secretary.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, while the two managers are listening, we do
not yet have a unanimous consent agreement that there will be 1 minute
for each side prior to a vote. I am going to ask unanimous consent that
that be the case.
Also, the two managers want to make sure the Chair enforces the 1-
minute rule. The only way that can be enforced is that the Chair, when
the minute is up, stops the person from speaking; otherwise, it runs
into a minute and a half, 2 minutes, and we waste a great deal of time.
I ask unanimous consent that prior to each vote there be 1 minute on
each side, and that be strictly enforced.
The PRESIDING OFFICER. Is there objection?
Mr. NICKLES. Mr. President, reserving the right to object, I would
like to modify that. This consent agreement will be for this group of
votes we now have planned.
Mr. REID. Not this vote right now.
Mr. NICKLES. For the 10 votes we have ordered, not necessarily for
every vote we might have today. We will probably do that later.
The PRESIDING OFFICER. Does the Senator modify his request?
[[Page S4230]]
Mr. REID. That is fine.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NICKLES. I believe the Senator from New York wants to speak on
the amendment.
The PRESIDING OFFICER. The Senator from New York.
Mr. SCHUMER. Mr. President, I am surprised at and happy to support
the Cochran amendment. Unlike what I had been told last night, it does
not take the money out of 920. It rather adds the cap. It is $3.5
billion of homeland security money which we very much need.
I hasten to add, I do not think $3.5 billion is enough. Our amendment
had over $5 billion, and it does not go into 2004 and the outyears. We
have a long way to go on homeland security, but this is a good first
step.
I am delighted to support the amendment, and I thank the Senator from
Mississippi for helping us raise the amount of homeland security money.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, for the information of our colleagues,
this will be a 15-minute vote. We plan on strictly enforcing this vote
at 15 minutes. We plan on strictly enforcing the subsequent rollcall
votes at 10 minutes.
The PRESIDING OFFICER. The question is on agreeing to the Cochran
amendment No. 369.
Mr. NICKLES. I ask for the yeas and nays on the amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Tennessee (Mr. Frist)
is necessarily absent.
Mr. REID. I announce that the Senator from South Dakota (Mr. Daschle)
and the Senator from Georgia (Mr. Miller) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 97, nays 0, as follows:
[Rollcall Vote No. 66 Leg.]
YEAS--97
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--3
Daschle
Frist
Miller
The amendment (No. 369) was agreed to.
Mr. COCHRAN. I move to reconsider the vote.
Mr. NICKLES. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. NICKLES. Mr. President, I inquire of the Parliamentarian how long
that rollcall lasted.
The PRESIDING OFFICER. It lasted 21\1/2\ minutes.
Mr. NICKLES. For the information of colleagues, the majority leader
and minority leader were cut off; in the next vote we are going to cut
off a lot of people if they are not here and voting within 10 minutes.
I forewarn our colleagues. I will be fair and bipartisan. We will cut
off people if they are not here to vote. We will limit the votes to 10
minutes.
Amendment No. 270
The next amendment in order is the Feingold amendment.
Mr. FEINGOLD. This amendment, which I offer with Senators Corzine,
Durbin, Graham of Florida, and Hollings, would create a reserve fund to
set aside $100 billion, an amount well within the range of available
estimates, to fund military action and reconstruction in Iraq. We would
pay for this by reducing the amount we would budget for tax cuts in the
period covered by the budget resolution.
No one is certain how much the war with Iraq will actually cost, but
we can be certain such a war will not be free. The Center for Strategic
and Budgetary Assessments estimates that the total cost could range
from $129 billion to $683 billion. Today's Wall Street Journal reports
a supplemental appropriations request is expected shortly that will ask
for $80 billion and that will cover just the first 30 days of the war.
The day before yesterday the President said the war may be longer and
more difficult than some predict.
Plainly, we are talking about a major enterprise and one for which we
should budget. We are in a war. The budget must reflect it. This is no
time for business as usual. We should prepare responsibly for that
which is right before our eyes. I urge my colleagues to support the
amendment.
Mr. NICKLES. Mr. President, I urge our colleagues to vote no on this
amendment. We asked CRS to do a study on how we funded wars in the
past, and did we do it in advance. Based on the examination of previous
reviews, fronting for wars and other major military operations, it
appears that Presidents have not requested and Congress has not
provided funding for wars in advance of the start of operations;
rather, administrations have requested funding after operations have
begun and Congress has subsequently appropriated money to meet
specific, documented budget requirements.
I urge my colleagues to vote no on the amendment.
The PRESIDING OFFICER (Mr. Sununu). The question is on agreeing to
the Feingold amendment.
Mr. NICKLES. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk called the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 52, nays 47, as follows:
[Rollcall Vote No. 67 Leg.]
YEAS--52
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Chafee
Clinton
Collins
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Frist
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCain
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--47
Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McConnell
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--1
Miller
The amendment (No. 270) was agreed to.
The PRESIDING OFFICER. The majority leader.
Mr. FRIST. Mr. President, I enter a motion to reconsider the last
vote.
The PRESIDING OFFICER. The motion is entered.
Amendment No. 300
The PRESIDING OFFICER. The clerk will report the next amendment.
The assistant legislative clerk read as follows:
[[Page S4231]]
The Senator from New Jersey [Mr. Lautenberg], for himself
and Mr. Schumer, proposes an amendment numbered 300.
The amendment is as follows:
(Purpose: To restore national security funding)
At the end of Subtitle B of Title II, insert the following:
``SEC. ____. RESERVE FUND FOR NATIONAL SECURITY.
``In the Senate, the Chairman of the Committee on the
Budget may increase aggregates, functional totals,
allocations, and other appropriate levels in this resolution
by up to $103,500 billion in Budget Authority and $88,036
billion in Outlays for fiscal years 2004 through 2013 for a
bill, joint resolution, amendment, or conference report
providing additional resources for defense or homeland
security.''
On page 45, line 24, decrease the amount by
$88,036,000,000.
On page 3, line 15, increase the amount by $4,303,000,000.
On page 3, line 16, increase the amount by $11,094,000,000.
On page 3, line 17, increase the amount by $17,704,000,000.
On page 3, line 18, increase the amount by $24,209,000,000.
On page 3, line 19, increase the amount by $30,726,000,000.
On page 4, line 6, increase the amount by $4,303,000,000.
On page 4, line 7, increase the amount by $11,094,000,000.
On page 4, line 8, increase the amount by $17,704,000,000.
On page 4, line 9, increase the amount by $24,209,000,000.
On page 4, line 10, increase the amount by $30,726,000,000.
On page 4, line 20, increase the amount by $6,500,000,000.
On page 4, line 21, increase the amount by $14,500,000,000.
On page 4, line 22, increase the amount by $21,000,000,000.
On page 4, line 23, increase the amount by $27,500,000,000.
On page 4, line 24, increase the amount by $34,000,000,000.
On page 5, line 10, increase the amount by $4,303,000,000.
On page 5, line 11, increase the amount by $11,094,000,000.
On page 5, line 12, increase the amount by $17,704,000,000.
On page 5, line 13, increase the amount by $24,209,000,000.
On page 5, line 14, increase the amount by $30,726,000,000.
On page 42, line 22, increase the amount by $6,500,000,000.
On page 42, line 23, increase the amount by $4,303,000,000.
On page 43, line 2, increase the amount by $14,500,000,000.
On page 43, line 3, increase the amount by $11,094,010,000.
On page 43, line 6, increase the amount by $21,000,000,000.
On page 43, line 7, increase the amount by $17,704,000,000.
On page 43, line 10, increase the amount by
$27,500,000,000.
On page 43, line 11, increase the amount by
$24,209,000,000.
On page 43, line 14, increase the amount by
$34,000,000,000.
On page 43, line 15, increase the amount by
$30,726,000,000.
The PRESIDING OFFICER. There are now 2 minutes evenly divided.
Mr. LAUTENBERG. Mr. President, my amendment establishes a reserve
fund for national defense and homeland security. The amendment is
necessary because the budget resolution actually cuts defense spending
by $103 billion below the President's request over that 10-year window.
That is according to CBO and SBC. From 2004 through 2008, the
Republican budget assumes defense spending at the level requested by
the President. But the last 5 years of the budget window, from 2009
through 2013, the Republican budget resolution cuts $103 billion below
the level CBO estimates.
I ask that my friends on the Republican side of the aisle be very
careful when they look at the Republican message. It says the
Lautenberg amendment reduces the growth package by $103 billion in
budget authority and $88 billion in outlays. They don't say that the
budget comes from the tax cuts.
Mr. LIEBERMAN. Mr. President, today, as the hearts and minds of all
Americans are with our brave men and women in uniform who are embarking
on the most perilous of journeys, I rise to speak in support of Senator
Lautenberg's amendment and fulfill what I see as one of the most
important duties of any Senator.
The Constitution of the United States invests the President with the
authority of the Commander in Chief, but it also establishes the
Congress as the guarantor of the quality and size of the Army, the
Navy, the Air Force, and the Marines because it is the Congress that
authorizes the expenditure of moneys to fund the military. As Senators
we have a great responsibility to watch over those who man the walls of
our Nation's defenses.
Along the Iraq-Kuwait border the U.S. military is striking. Our Armed
Forces are engaged the world over in a fight against terror. Our
uniformed commanders have testified before us that not since the Second
World War has the U.S. military been so dispersed; not since that
conflict have our Armed Forces been engaged with the enemy in so many
locales and climes. My colleagues and I on the Senate Armed Services
Committee are aware of the difficulties our soldiers, sailors, airmen,
and marines and their families face as a result of these strenuous
deployments. We have applauded the Department of Defense's efforts to
address the quality of life of its troops. Following in the best
traditions of this Chamber, we have worked together in a truly
bipartisan fashion to increase military pay levels. We have addressed
spousal benefits and we will, in the upcoming months of this Congress,
debate, and I hope determine once and for all the issue of concurrent
receipt. Year after year we strive to provide funding to equip our
forces with the most advanced technology the world has ever seen.
Therefore, Mr. President, as a member of the Senate Armed Services
Committee, as a strong supporter of our Armed Forces, as one who
recognizes the strain of current operations upon our force structure
and the importance of maintaining funding levels for the Department
presently and for the foreseeable future, I cannot agree with any
proposal which will reverse the important gains that we have made.
I believe we must oppose any attempt to decrease essential funding
for our national defense in order to paper over the fiscal havoc that
the President's proposed tax cuts cause. It is irresponsible to, when
we are at war, when the challenges that our men and women in uniform
face are so omnipresent, contemplate slashing the future funds that
will make it possible for them to maintain their dominance into the
next decade.
I direct my colleagues' attention to the Senate Republican budget
resolution, which cuts defense spending after 2009 by more than a $100
billion--$100 billion.
The resolution calls for a $6.5 billion drawdown in 2009 from the
funding level that the Congressional Budget Office estimates as
required for the maintenance of the 2008 spending levels. In 2010 that
shortfall would be $15.5 billion. A year later it is a $21.0 billion
shortfall. A year later it grows to $27.5 billion. By 2013 the amount
is $34.0 billion.
And why? To try to correct the fiscal damage the tax cuts have put us
in. Now, I think we are all in agreement with Chairman Nickles that the
record-setting deficits that will be the bitter fruit of the
President's tax cuts need to be dealt with. But to deal with them by
cutting moneys that will fuel our planes, feed our marines, steam our
ships, and arm our weapons is unfortunate indeed. I challenge the
proponents of this plan to go out into the Kuwaiti desert and stand in
front of a U.S. platoon, and tell them that the future funding that is
to secure them better communications gear or more money to fund
training or better body armor is being cut. Cut because the Senate
majority refuses to take the President to task for pursuing fiscally
irresponsible tax cuts on the eve of a war, and in the midst of an
international campaign against terror.
The amendment that I rise in support of offers another way. Let's
carve out a $103.5 billion fund from the $1.4 trillion tax cut and use
it to create a designated fund for the defense of our Nation's
security. In doing so we will serve to offset the proposed reductions
in defense spending set forth in the Budget Resolution. By our actions
we will prevent the diversion of cash from accounts that fund the
defense of this country to an ill-considered, nonstimulative tax cut.
We are at war. Our military, the most powerful professional armed
force ever arrayed on the face of the earth is shouldering a heavy
burden. To discuss cutting the very funding that will keep them the
preeminent military force is more than poor politics--it is
irresponsible. I like to think that what Lincoln called ``the better
angels of our nature'' still, in these troubled times,
[[Page S4232]]
hold sway over our baser instincts. I urge you to support this
amendment.
The PRESIDING OFFICER. Who yields time?
The Senator Oklahoma.
Mr. NICKLES. I urge my colleagues to vote no on the amendment. This
is a good reason that maybe we should not have 10-year budgets. He
assumes we should increase spending in some areas instead of defense,
but there is not one line item that says 050. Nothing would increase
money in defense under this resolution. It would increase taxes. It
would increase spending, unspecified spending.
I urge my colleagues to vote no on the Lautenberg amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
300.
Mr. REID. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second. The clerk will call the
roll.
The assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 46, nays 53, as follows:
[Rollcall Vote No. 68 Leg.]
YEAS--46
Akaka
Bayh
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCain
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--53
Alexander
Allard
Allen
Baucus
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McConnell
Murkowski
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--1
Miller
The amendment (No. 300) was rejected.
Amendment No. 265
(Purpose: To eliminate tax cuts)
The PRESIDING OFFICER. The clerk will report the amendment No. 265.
The legislative clerk read as follows:
The Senator from South Carolina (Mr. Hollings) proposes an
amendment numbered 265.
Mr. HOLLINGS. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in the Record of Tuesday, March 18, 2003,
under ``Text of Amendments.'')
The PRESIDING OFFICER. The Senator from South Carolina is recognized.
There will be 2 minutes of debate evenly divided.
Mr. HOLLINGS. Mr. President, if you turn to page 6 of the budget, you
will see that for the fiscal year we are projecting going into the red
$484 billion; for 2004, $582 billion; for 2005, $556 billion. So for
the 3-year period, that is $1.5 trillion going into the red. That is
$1.5 trillion of stimulus.
If anybody wants to talk growth, you know dividends and the estate
tax are not going to stimulate anything. This is $l.5 trillion of
stimulus. The only thing that grows in this budget is the debt. So for
those who are responding to the needs of the country, trying to get us
to sober up and get back on track and get ahold of ourselves and quit
running these horrendous deficits and spending Social Security, vote
aye; for those responding to the needs of the campaign, vote no.
Mr. NICKLES. Mr. President, I urge my colleagues to vote no on this
amendment. This amendment says there will be no growth package. It
implies a tax increase in 2011, 2012, and 2013. That means a 10-percent
rate would go to 15 percent; the child credit that would be $1,000 will
fall back to $500; the marriage penalty would be increased.
I urge my colleagues to vote no.
Mr. AKAKA. Mr. President, I rise today to voice my disagreement with
the priorities set forth in the budget resolution we have been
debating, and support for the amendments offered by my colleagues from
South Carolina and New York, Senators Hollings and Schumer. With our
Nation at war, we must do all we can to support our troops, ensure that
our homeland is secure, and continue our emphasis on significant
domestic priorities, such as education and health care. This is why I
believe it would be unwise to enact further tax cuts that would pit
these priorities against each other for limited Federal dollars and
lead us further down the path to fiscal irresponsibility.
We have commenced military operations against an enemy who has defied
efforts at international diplomacy. Without a doubt, these efforts will
come at substantial cost which is not reflected in this budget.
Proponents must rely on budget tactics to show that we can allow
additional tax cuts to be passed. I would like to associate my comments
with those of my colleague from North Dakota, Senator Conrad, who
rightfully attempted to enforce patriotic pause on this very point.
This budget repudiates our commitment to fight the evil of terrorism
within our own borders. It fails to adequately fund homeland security,
which is why I am a cosponsor of the amendment offered by my friend
from New York, Senator Schumer, who has requested that $88 billion be
provided over 11 years for urgent homeland security needs, including
immediate funding for those on the home front--first responders,
firefighters, port, border and transportation security. I also applaud
the provisions for bioterrorism preparedness and threat and critical
infrastructure assessment. At a time when threats to U.S. civilians
within our borders are very real, we must not abandon, for the sake of
tax cuts, our resolve to ensure the peace of mind of families at home
and individuals in their workplaces--many who are praying for loved
ones fighting in our armed services abroad.
This resolution calls for tax cuts that will do nothing to stimulate
the economy, but would worsen the progressivity of the Tax Code. It
would also rob our most important investment of required resources, and
that is the investment in the education of America's children. We
should be sending the message to our children that we will do all we
can to give them the knowledge and tools to be able to meet future
challenges that will face this country, when we in this body are long
gone. Instead, if we pass additional tax cuts, we are saying that we
will place political gain over a solid start in life for young
Americans. This is why I voted for the amendment proposed by my
colleague from Washington State, Senator Murray, along with others,
that would have provided an $8.9 billion increase in education funding,
as well as $8.9 billion for deficit reduction out of funding designated
for tax cuts. This funding increase sought to fully fund the No Child
Left Behind Act. We only began to fulfill some of the promises we made
in passing this sweeping education reform law through the fiscal year
2003 appropriations process. We cannot let this investment waver in
fiscal year 2004.
Finally, I oppose efforts to decrease Federal revenues sorely needed
to ensure that all Medicare beneficiaries have access to the
comprehensive prescription drug program that they deserve. Far too many
seniors are currently unable to afford the costs of the prescription
drugs that their doctors prescribe. Seniors must be able to obtain
meaningful prescription drug coverage through the traditional Medicare
Program. I supported the amendment sponsored by my colleagues, Senators
Bob Graham, Dorgan, and Stabenow, which would have made sure that a
Medicare prescription drug benefit is adequately funded, by increasing
the Medicare reserve fund by approximately $220 billion. The amendment
[[Page S4233]]
would also have guaranteed that participants in traditional Medicare
receive the same prescription drug benefit as beneficiaries that enroll
in private Medicare health plans. The funding should be included in the
budget resolution to adequately protect our Nation's seniors against
the increasing costs of prescription drugs instead of to accommodate
additional tax cuts. The Graham-Dorgan-Stabenow amendment would have
reduced the size of the tax cuts in the budget resolution by
approximately $400 billion and provided a clear choice between
additional tax cuts or a meaningful prescription drug benefit.
The time has come to face our fiscal responsibilities honestly. Tax
cuts are not the answer at this point in our Nation's history. I join
with Senator Hollings and other colleagues in opposition to the passage
of additional tax cuts that would steal much needed revenues at a time
of great need. I owe it to the people of Hawaii and we owe it to the
people of America.
Mr. HOLLINGS. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 22, nays 77, as follows:
[Rollcall Vote No. 69 Leg.]
YEAS--22
Akaka
Biden
Boxer
Byrd
Carper
Chafee
Corzine
Dodd
Durbin
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Kennedy
Lautenberg
Leahy
Levin
Rockefeller
Sarbanes
NAYS--77
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Cantwell
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Daschle
Dayton
DeWine
Dole
Domenici
Dorgan
Edwards
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Johnson
Kerry
Kohl
Kyl
Landrieu
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Santorum
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
The amendment (No. 265) was rejected.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, the next two amendments that are in order
are the Sarbanes amendment and the Crapo amendment. I believe they have
been able to work something out. I thank them for that. We will save
considerable time. I yield to the Senator from Maryland for a comment.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. SARBANES. Mr. President, I will be very quick. Senator Crapo and
I have been in discussions. We have reached an accord which will enable
the managers to accept the amendment. This is directed to providing
additional funding for the State revolving fund dealing with clean
water and safe drinking water. There is an overwhelming need. The
Federal involvement is a leveraging involvement for State and local
governments to help address this important issue.
I am pleased to work with Senator Crapo. We have come to a positive
conclusion.
Mr. NICKLES. Mr. President, I ask unanimous consent to withdraw the
Sarbanes amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NICKLES. Mr. President, I yield to the Senator from Idaho for his
amendment.
Amendment No. 317
The PRESIDING OFFICER. The Senator is recognized for 1 minute.
Mr. CRAPO. Mr. President, I also appreciate Senator Sarbanes and the
other Senators in the Chamber who are so involved in working on this
critical issue. Our water infrastructure needs in this Nation are
crying out for attention. This is one of those areas we have to address
in the budget. We have the kind of need that requires us to be focused
and unified.
I am very pleased we were able to come together on an amendment today
that will help us begin the process of addressing the crying need in
our Nation's infrastructure for water systems.
I thank the Chair.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I am not sure we called up the Crapo
amendment. We withdraw the Sarbanes amendment. I do not believe we
called up the Crapo amendment.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Idaho [Mr. Crapo], for himself and Mr.
Sarbanes, proposes an amendment numbered 317.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I ask unanimous consent that the Crapo-
Sarbanes amendment be modified to include Senator Sarbanes as a
cosponsor. I thank my friend and colleague from Maryland for his
leadership and willingness to work together. I am glad we can accept
it, and I think we can have a voice vote.
Mr. BYRD. Mr. President, may we hear the reading of the amendment?
The PRESIDING OFFICER. The clerk will read the amendment.
Mr. BYRD. Or reading can be dispensed with. We have not heard the
reading of the amendment.
The PRESIDING OFFICER. The clerk will read the amendment.
The legislative clerk read as follows:
The Senator from Idaho [Mr. Crapo] proposes an amendment
numbered 317.
Mr. CRAPO. Mr. President, I ask unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To increase funding for the EPA for Clean Water State
Revolving Fund and the Safe Drinking Water State Revolving Fund)
On page 16, line 11, increase the amount by $3,009,000,000.
On page 16, line 12, increase the amount by $150,000,000.
On page 16, line 16, increase the amount by $451,000,000.
On page 16, line 20, increase the amount by $903,000,000.
On page 16, line 24, increase the amount by $903,000,000.
On page 17, line 3, increase the amount by $451,000,000.
On page 42, line 2, decrease the amount by $3,009,000,000.
On page 42, line 3, decrease the amount by $150,000,000.
On page 42, line 7, decrease the amount by $451,000,000.
On page 42, line 11, decrease the amount by $903,000,000.
On page 42, line 15, decrease the amount by $903,000,000.
On page 42, line 19, decrease the amount by $451,000,000.
Mr. JEFFORDS. Mr. President, I am pleased to be a cosponsor of the
amendment offered by the Senators from Maryland and the Senator from
Florida.
Today, we know that our Nation's waters are at risk. We have made
progress since the days of the early 1970s when textile mills in
Vermont turned river water the ``color of the day'' that was being used
in the mill. It is almost unimaginable that wastewater would move
directly from homes and businesses, untreated, into our rivers and
streams.
Our towns and cities, along with the Federal Government, have
invested billions of dollars over the last 30 years to build the
infrastructure to treat our wastewater and drinking water. However,
even with those investments, we continue to fail to fully protect our
waters from pollution.
The EPA estimates that over 40 percent of our Nation's waters are
impaired. That is close to half of our Nation's waters. Lingering
problems such as combined sewer overflows and ongoing challenges such
as nonpoint source pollution continue to require our attention.
The progress we have made over the last 30 years stands on the brink
of evaporation as the extensive water and wastewater infrastructure we
have built is nears the end of its useful life. There are a number of
estimates of the current funding gap in the areas of water and
wastewater infrastructure.
[[Page S4234]]
The EPA estimates a $535 billion gap between current spending and
projected needs for water and wastewater infrastructure over the next
20 years if additional investments are not made.
According to the Congressional Budget Office, the spending gap for
clean water needs is estimated to be between $132 billion and $388
billion over 20 years and the spending gap for drinking water needs at
between $70 billion and $362 billion over 20 years.
It is not solely the Federal Government's responsibility to fill this
gap.
However, it is the Federal Government's responsibility to provide a
reasonable investment in water infrastructure, given the size of the
anticipated needs. The budget before us today fails to meet that
responsibility. Those supporting the budget will say that it provides
level funding for the Clean Water and the Drinking Water SRF.
They will say that the President's budget had such a low request for
the Clean Water SRF in particular--one-half of traditional funding
levels--that the funding level in this budget is an accomplishment.
The fact that the President failed to recognize our water
infrastructure needs and requested such an inadequate amount of funding
does not justify the same failure by the Congress.
I know that many Members of the Senate share this view. In December
2002, Senators Sarbanes and Voinovich and 38 Members of the Senate from
both sides of the aisle sent a letter to the President asking him to
provide $3.2 billion for the Clean Water SRF and $2 billion for the
Drinking Water SRF.
I ask unanimous consent that this letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, December 10, 2002.
The President,
The White House,
Washington, DC.
Dear Mr. President: As you prepare your fiscal 2004 budget,
we urge you to make investment in clean water infrastructure
a top environmental and public health priority. Specifically,
we ask that you provide for at least a $3.1 billion increase
above the Fiscal 2003 request of $2.1 billion in the Clean
Water and Safe Drinking Water State Revolving Funds (SFR) to
help states and local communities meet water quality
standards and restore the health and safety of our nation's
waters.
This year marks the 30th Anniversary of the landmark Clean
Water Act. Despite important progress over the last three
decades, more than 40 percent of our nation's lakes, rivers
and streams are still too impaired for fishing or swimming.
Discharges from aging and failing sewerage systems, urban
storm water and other sources, continue to pose serious
threats to our nation's waters, endangering not only public
health, but fishing and recreation industries. Population
growth and development are placing additional stress on the
nation's water infrastructure and its ability to sustain
hard-won water quality gains. Today, maintaining clean, safe
water remains one of our greatest national and global
challenges.
On September 30, 2002, the Environmental Protection Agency
(EPA) released a Clean Water and Drinking Water
Infrastructure Gap Analysis which found that there will be a
$535 billion gap between current spending and projected needs
for water and wastewater infrastructure over the next 20
years if additional investments are not made. This figure
does not even account for investments necessary to meet water
quality goals in nutrient impaired waters. As Administrator
Whitman pointed out, ``(t)he magnitude of the challenge
America faces is clearly beyond the ability of any one entity
to address.''
It is vital that the Federal government maintain a strong
partnership with states and local governments in averting
this massive projected funding gap and share in the burden of
maintaining and improving the nation's water infrastructure.
An increase in funding for the Clean Water SRF to $3.2
billion and for the Drinking Water SRF to $2 billion in
fiscal 2004 is the first step necessary to meet the Federal
government's longstanding commitment in this regard.
Thank you for your consideration. The Administration's
leadership is needed to ensure that our communities' water
resources are kept clean and safe.
Sincerely,
Paul S. Sarbanes; Jack Reed; Jim Jeffords; Carl Levin;
John F. Kerry; George V. Voinovich; Susan Collins; Jeff
Bingaman; Barbara A. Mikulski; Arlen Specter.
John Breaux; Debbie Stabenow; Tom Harkin; Jon S. Corzine;
Evan Bayh; Lincoln Chafee; Gordon Smith; Blanch L.
Lincoln; Ted Kennedy; Chris Dodd; Mike DeWine; Hillary
Rodham Clinton.
Ron Wyden; John Rockefeller; Barbara Boxer; Joe Biden;
Maria Cantwell; J. Lieberman; Dick Durbin; Mark Dayton;
Dianne Feinstein; Olympia Snowe.
Patrick Leahy; George Allen; Robert C. Byrd; Tom Daschle;
Chuck Schumer; Tom Carper.
Mr. JEFFORDS. Mr. President, the President ignored this request.
On March 7, I joined Senators Sarbanes, Voinovich, and thirty-seven
Members from both sides of the aisle in sending a letter to the Budget
Committee asking for these same funding levels.
I ask unanimous consent that this letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, March 7, 2003.
Hon. Don Nickles,
Chairman, Senate Budget Committee.
Hon. Kent Conrad,
Ranking Member, Senate Budget Committee.
Dear Senators Nickles and Conrad: As you prepare the fiscal
year 2004 budget, we urge you to make clean water and
drinking water infrastructure a top environmental and health
priority. Specifically, we ask that you provide for at least
a $3.5 billion increase above the fiscal year 2004 request of
$1.7 billion for the Clean Water and Safe Drinking Water
Revolving Funds (SRF) to help states and local communities
meet water quality standards and restore the health and
safety of our nation's waters.
Despite important progress over the last three decades, the
Environmental Protection Agency reports that more than 40
percent of our nation's lakes, rivers, and streams are still
too impaired for fishing or swimming. Discharges from aging
and failing sewage systems, urban storm water and other
sources continue to pose serious threats to our nation's
waters, endangering not only public health, but also fishing
and recreation industries. Population growth and development
are placing additional stress on the nation's water
infrastructure and its ability to sustain hard-won water
quality gains. Today, maintaining clean, safe water remains
one of our greatest national and global challenges.
On September 30, 2002, the EPA released a Clean Water and
Drinking Water Infrastructure Gap Analysis which found that
there will be a $535 billion gap between current spending and
projected needs for water and wastewater infrastructure over
the next 20 years if additional investments are not made. As
Administrator Whitman pointed out,'' . . . (t)he magnitude of
the challenge America faces is clearly beyond the ability of
any one entity to address.''
In May 2002, the Congressional Budget Office released a
report that estimated the spending gap for clean water needs
between $132 billion and $388 billion over 20 years and the
spending gap for drinking water needs at between $70 billion
and $362 billion over 20 years.
We are now writing to you asking that the Senate Budget
Committee take the first steps needed to demonstrate
leadership in helping our communities' keep our water
resources clean and safe by increasing the budget allocation
for Clean Water and Drinking Water SRFs to $5.2 billion.
It is vital that the Federal government maintains a strong
partnership with states and local governments in averting
this massive projected funding gap and share in the burden of
maintaining and improving the nation's water infrastructure.
An increase in funding for the Clean Water SRF to $3.2
billion and for the Drinking Water SRF to $2 billion in
fiscal year 2004 is the first step necessary to meet the
Federal government's longstanding commitment in this regard.
Thank you for your consideration.
Sincerely,
Jim Jeffords; George Voinovich; Tom Daschle; Ted Kennedy;
John F. Kerry; George Allen; Carl Levin; Paul Sarbanes;
Bob Graham; Lincoln Chafee; Olympia Snowe; Hillary
Rodham Clinton; Patrick Leahy; Mike DeWine.
Jack Reed; Barbara A. Mikulski; John Breaux; Debbie
Stabenow; Arlen Specter; Max Baucus; Barbara Boxer; Joe
Biden; Daniel K. Akaka; Christopher Dodd; Charles
Schumer; Joseph Lieberman; John Rockefeller; Jeff
Bingaman; Blanche Lincoln; Dick Durbin; Susan Collins;
Harry Reid; John Warner; Maria Cantwell.
Mr. JEFFORDS. Mr. President, the committee responded and provided a
slight increase over the President's request. I thank the committee for
that.
However, that slight increase comes nowhere close to meeting the huge
water infrastructure funding gap. It comes nowhere close to meeting the
funding levels that were endorsed twice by over one-third of the
Senate.
Now is the time to increase funding for water infrastructure, not
decrease it. We have the opportunity today to make an investment in our
Nation's water infrastructure that will protect the gains we have made
in the last 30 years. Without this investment, we run the risk of
actually increasing the number of polluted waters in the country.
[[Page S4235]]
Before I close, I want to say a word about the economy. We must take
action to prevent our economy from faltering. Investment in water
infrastructure is estimated to create 40,000 jobs for every billion
dollars invested. We are proposing to invest $5.2 billion in the State
revolving funds. The States will provide a 20 percent match of just
over $1 billion. This could create up over 200,000 jobs.
I urge my colleagues to support the amendment proposed by the Senator
of Maryland.
By voting aye on this amendment, we can take direct action to improve
both the State of our Nation's waters and the state of our Nation's
economy.
Mr. BOND. Mr. President, I support my friend's amendment to increase
Federal funding to $5.2 billion next year to help local communities
provide our families and businesses with safe drinking water and clean
waste water.
Our water pipes are aging and falling into disrepair. New regulations
to treat stormwater are placing a huge burden on localities. Growth
across the country, especially in the South and West, requires
additional water funding.
In my own State of Missouri, we have small communities such as
Pickering of no more than 150 people that still lack sewer systems.
Mid-size cities such as Lebanon have tripled water rates and still
can't afford new EPA regulations. Even our large cities such as St.
Louis face many of the problems our aging eastern urban areas face. A
recent series of articles in the St. Louis Post Dispatch highlighted
St. Louis still using sewer pipes more than 100 years old and made of
wood.
This crisis is too great for local communities to bear alone. Experts
estimate the funding gap between what we as a Nation contribute and
what is needed to clean and provide safe water at $500 billion over 20
years.
That's $25 billion per year. The Federal Government can't close that
gap alone, but we must provide more than the current paltry $2.2
billion per year.
I urge my colleagues to support the Crapo amendment to increase vital
water funds without depriving our citizens of their much deserved tax
relief to spur economic growth, create jobs, and indirectly increase
revenue for Government at all levels.
The PRESIDING OFFICER. Is there further debate on the amendment?
The question is on agreeing to amendment No. 317.
The amendment (No. 317) was agreed to.
Mr. SARBANES. I move to reconsider the vote.
Mr. NICKLES. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. NICKLES. Mr. President, I thank both our colleagues. We just
saved at least 30 minutes. I thank them both very much for their
cooperation.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. CONRAD. Mr. President, I, too, thank our colleagues. Maybe this
serves as a good example of how we might proceed.
Amendment No. 376
Mr. CONRAD. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The senior assistant bill clerk read as follows:
The Senator from North Dakota [Mr. Conrad] proposes an
amendment numbered 376.
Mr. CONRAD. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide full funding for the Individuals with Disabilities
Education Act (IDEA) part B grants over ten years by reducing tax
breaks for the wealthiest taxpayers)
On page 3, line 10, increase the amount by $35,000,000.
On page 3, line 11, increase the amount by $1,173,000,000.
On page 3, line 12, increase the amount by $2,835,000,000.
On page 3, line 13, increase the amount by $4,585,000,000.
On page 3, line 14, increase the amount by $6,335,000,000.
On page 3, line 15, increase the amount by $8,085,000,000.
On page 3, line 16, increase the amount by $9,835,000,000.
On page 3, line 17, increase the amount by $11,585,000,000.
On page 3, line 18, increase the amount by $13,335,000,000.
On page 3, line 19, increase the amount by $15,078,000,000.
On page 4, line 1, increase the amount by $35,000,000.
On page 4, line 2, increase the amount by $1,173,000,000.
On page 4, line 3, increase the amount by $2,835,000,000.
On page 4, line 4, increase the amount by $4,585,000,000.
On page 4, line 5, increase the amount by $6,335,000,000.
On page 4, line 6, increase the amount by $8,085,000,000.
On page 4, line 7, increase the amount by $9,835,000,000.
On page 4, line 8, increase the amount by $11,585,000,000.
On page 4, line 9, increase the amount by $13,335,000,000.
On page 4, line 10, increase the amount by $15,078,000,000.
On page 4, line 15, increase the amount by $1,750,000,000.
On page 4, line 16, increase the amount by $3,500,000,000.
On page 4, line 17, increase the amount by $5,250,000,000.
On page 4, line 18, increase the amount by $7,000,000,000.
On page 4, line 19, increase the amount by $8,750,000,000.
On page 4, line 20, increase the amount by $10,500,000,000.
On page 4, line 21, increase the amount by $12,250,000,000.
On page 4, line 22, increase the amount by $14,000,000,000.
On page 4, line 23, increase the amount by $15,750,000,000.
On page 4, line 24, increase the amount by $17,131,000,000.
On page 5, line 5, increase the amount by $35,000,000.
On page 5, line 6, increase the amount by $1,173,000,000.
On page 5, line 7, increase the amount by $2,835,000,000.
On page 5, line 8, increase the amount by $4,585,000,000.
On page 5, line 9, increase the amount by $6,335,000,000.
On page 5, line 10, increase the amount by $8,085,000,000.
On page 5, line 11, increase the amount by $9,835,000,000.
On page 5, line 12, increase the amount by $11,585,000,000.
On page 5, line 13, increase the amount by $13,335,000,000.
On page 5, line 14, increase the amount by $15,078,000,000.
On page 25, line 16, increase the amount by $1,750,000,000.
On page 25, line 17, increase the amount by $35,000,000.
On page 25, line 20, increase the amount by $3,500,000,000.
On page 25, line 21, increase the amount by $1,173,000,000.
On page 25, line 24, increase the amount by $5,250,000,000.
On page 25, line 25, increase the amount by $2,835,000,000.
On page 26, line 3, increase the amount by $7,000,000,000.
On page 26, line 4, increase the amount by $4,585,000,000.
On page 26, line 7, increase the amount by $8,750,000,000.
On page 26, line 8, increase the amount by $6,335,000,000.
On page 26, line 11, increase the amount by
$10,500,000,000.
On page 26, line 12, increase the amount by $8,085,000,000.
On page 26, line 15, increase the amount by
$12,250,000,000.
On page 26, line 16, increase the amount by $9,835,000,000.
On page 26, line 19, increase the amount by
$14,000,000,000.
On page 26, line 20, increase the amount by
$11,585,000,000.
On page 26, line 23, increase the amount by
$15,750,000,000.
On page 26, line 24, increase the amount by
$13,335,000,000.
On page 27, line 2, increase the amount by $17,131,000,000.
On page 27, line 3, increase the amount by $15,078,000,000.
Strike Section 211 and insert in its place the following:
SEC. 211. RESERVE FUND FOR THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
The Chairman of the Committee on the Budget shall, in
consultation with the Members of the Committee on the Budget
and the Chairman and Ranking Member of the appropriate
committee, increase the allocations pursuant to section
302(a) of the Congressional Budget Act of 1974 to the
Committee on Health, Education, Labor, and Pensions of the
Senate by up to $1,750,000,000 in new budget authority and
$35,000,000 in outlays for fiscal year 2004, $26,250,000,000
in new budget authority and $14,963,000,000 in outlays for
the total of fiscal years 2004 through 2008, and
$95,881,000,000 in new budget authority and $72,880,000,000
in outlays for the total of fiscal years 2004 through 2013,
for a bill, amendment, or conference report that would
provide increased funding for part B grants, other than
section 619, under the Individuals with Disabilities
Education Act (IDEA), with the goal that funding for these
grants, when
[[Page S4236]]
taken together with amounts provided by the Committee on
Appropriations, provides 40 percent of the national average
per pupil expenditure for children with disabilities in the
tenth year.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. CONRAD. I thank the Chair. Mr. President, this amendment moves to
keep the promise on IDEA. When the Federal Government enacted this
program, it promised the States and the local jurisdictions that it
would fund 40 percent of the expense.
We have never done that. We are at about half that amount. As a
result, we have forced property tax increases all across America. This
amendment says let's keep the promise on IDEA. We phase it in over 10
years. It costs $73 billion in outlays. It is paid for by the
nonreconciled tax cuts. Let me emphasize to my colleagues, the
nonreconciled tax cuts.
I hope my colleagues will give serious consideration to this
amendment. Let's keep the promise on IDEA. Let's help those local
jurisdictions at a time of enormous financial stress meet the need.
Mr. BAUCUS. Mr. President, I rise to pledge my continued support for
the Individuals with Disabilities Education Act. Fully funding the
Federal Government's share of special education costs is one of the
most important investments we can make in our children and our schools.
Funding IDEA to the full 40 percent will lift the burden of rising
special education costs off the backs of our schools and enhance their
ability to deliver a quality education to all students.
I have consistently fought to make full funding of IDEA a reality,
and I will continue to build on the progress we have made.
But I am forced to vote against this amendment because of another
concern, my concern with mounting deficits.
The budget resolution brought before us includes tax cuts that total
$1.3 trillion. The budget also proposes that $725 billion of these tax
cuts be enacted immediately, under the reconciliation process.
Two years ago, we passed a $1.3 trillion tax cut. I supported that
tax cut. But those were different times. We had a surplus. We did not
foresee the significant decline in revenues, or the deficits that
followed.
This is not the time to reduce revenues by $725 billion. It would
hurt our budget and our economy.
Why is $725 billion in tax cuts inappropriate at this time?
The most crucial problem is that it is not paid for. The budget
resolution brought before us forecasts enormous deficits for almost the
next decade. Reducing revenues by $725 billion adds to the already
mounting deficits.
In order to prevent the passage of tax cuts that would drive up the
deficit and hurt our economy, I believe that we must reduce the size of
this tax cut.
I joined three of my colleagues in a letter that laid out these
concerns. We pledged that we would not agree to tax cuts above $350
billion. This is crucial. The Budget Committee approved $725 billion in
tax cuts, and brought it to the Senate floor. Along with my colleagues,
I promised to vote to bring this number down by $375 billion.
In a narrowly divided Senate, it is important that both parties work
together to come up with the appropriate spending and revenue targets
for the budget. That is why I worked with both Democrats and
Republicans. Together, we came up with a target of $350 billion for
this tax cut, and we agreed that we would all stick to that number.
As part of our commitment to try to reduce the size of the tax cut
approved by the Budget Committee, we also agreed that we would not try
to reduce the size of the tax cut below $350 billion. That means I am
forced to make difficult decisions. In order to keep my commitment to a
more responsible tax cut, I have to vote against funding priorities.
During tough times, we must make tough choices. I chose to commit to
a responsible tax cut. A tax cut that will prevent worsening deficits
that would hurt our economy.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mr. GREGG. Mr. President, over the last 4 years, especially over the
last 2 years President Bush has been in office, there has been a
dramatic increase in IDEA funding. In fact, we have increased IDEA
funding by almost 173 percent. Last year, we added $1 billion. This
year, we added $1 billion. This budget will add $1 billion on top of
that--$3 billion in 3 years. This has been a major commitment to IDEA.
I will be following the amendment the Senator from North Dakota has
proposed with another amendment which will add an additional $3.2
billion into IDEA. It is inappropriate to take the course of action
which the Senator from North Dakota has proposed. We believe we can do
it in a much more thoughtful and appropriate way with the following
amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
376.
Mr. CONRAD. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant bill clerk called the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 47, nays 52, as follows:
[Rollcall Vote No. 70 Leg.]
YEAS--47
Akaka
Bayh
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Chafee
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--52
Alexander
Allard
Allen
Baucus
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--1
Miller
The amendment (No. 376) was rejected.
Mr. GREGG. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 377
Mr. GREGG. Mr. President, I ask that my amendment be reported.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from New Hampshire [Mr. Gregg] proposes an
amendment numbered 377.
Mr. GREGG. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To increase funding for Part B of the Individuals with
Disabilities Education Act by reducing spending on other government
programs by a commensurate amount)
On page 25, line 16, increase the amount by $969,602,000.
On page 25, line 20, increase the amount by $2,319,000,000.
On page 25, line 17, increase the amount by $19,392,040.
On page 25, line 21, increase the amount by $657,229,260.
On page 25, line 25, increase the amount by $1,751,850,600.
On page 26, line 4, increase the amount by $744,180,100.
On page 26, line 8, increase the amount by $115,950,000.
[[Page S4237]]
On page 42, line 2, decrease the amount by $969,602,000.
On page 42, line 6, decrease the amount by $2,319,000,000.
On page 42, line 3, decrease the amount by $19,392,040.
On page 42, line 7, decrease the amount by $657,229,260.
On page 42, line 11, decrease the amount by $1,751,850,600.
On page 42, line 15, decrease the amount by $744,180,100.
On page 42, line 19, decrease the amount by $115,950,000.
The PRESIDING OFFICER. The amendment will receive 2 minutes of debate
evenly divided on each side.
Mr. GREGG. Mr. President, this amendment represents another
significant increase in IDEA funding. It represents a $3.2 billion
increase over the next 2 years, which will mean that the total increase
in IDEA funding over the next 2 years will be approximately $6.7
billion. That is a very dramatic increase that puts us clearly on a
path toward full funding of the IDEA accounts, on which many have
worked for a long time. I hope the membership supports the amendment.
The PRESIDING OFFICER. Who yields time in opposition?
Mr. CONRAD. I yield time to the Senator from Iowa.
Mr. HARKIN. Mr. President, this amendment is as phony as a $3 bill.
It provides for 2 years of funding for the Individuals with
Disabilities Education Act and then you drop off the face of the Earth.
And it gets the money from--where? It gets it from nowhere. It is play
money.
Later on, I will have an amendment that will really fund that. I have
been working on an amendment with the Senator from Nebraska that will
really put the money in there and get us fully funded for the
Individuals with Disabilities Education Act by 2011. It will not be
funny money, and it will not fall off the face of the Earth in 2 years
like the Gregg amendment.
I ask for defeat of this amendment.
The PRESIDING OFFICER. The question is on agreeing to the Gregg
amendment No. 377.
Mr. GREGG. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller), is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 89, nays 10, as follows:
[Rollcall Vote No. 71 Leg.]
YEAS--89
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Johnson
Kennedy
Kerry
Landrieu
Leahy
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NAYS--10
Akaka
Clinton
Dayton
Harkin
Hollings
Jeffords
Kohl
Kyl
Lautenberg
Levin
NOT VOTING--1
Miller
The amendment (no. 377) was agreed to.
Change Of Vote
Mr. DORGAN. Mr. President, on rollcall vote No. 71, I voted nay. It
was my intention to vote yea. I ask unanimous consent that I be
permitted to change my vote since it will not affect the outcome of the
vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
(The foregoing tally has been changed to reflect the above order.)
Mr. NICKLES. Mr. President, for the information of our colleagues, we
will soon be voting on the Mikulski amendment. This will complete the
first batch of amendments and Senator Conrad and I will be working to
put together a list of additional amendments. So I expect there will be
some break, just for the information of our colleagues. We hope to
begin--this vote will start in just a couple of minutes. I expect we
will have another round of votes beginning probably close to 1:15.
Mr. SARBANES. A lunch break.
Amendment No. 349
The PRESIDING OFFICER. The clerk will report the next amendment.
The legislative clerk read as follows:
The Senator from Maryland (Ms. Mikulski) proposed an
amendment numbered 349.
Ms. MIKULSKI. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To revise the resolution to accommodate in reconciliation
legislation a partially refundable tax credit of up to $5,000 for
eligible expenses for individuals with long term or chronic care needs
of their family caregivers who pay these expenses; in which ``eligible
expenses'' shall include prescription drugs, medical bills, durable
medical equipment, home health care, custodial care, respite care,
adult day care, transportation to chronic care or medical facilities,
specialized therapy (including occupational therapy, physical therapy,
or rehabilitational therapy), other specialized services for children
(including day care for children with special needs), and other long
term care related expenses as defined by the Secretary of Health and
Human Services; and in which ``individuals with long term or chronic
care needs'' shall mean individuals with multiple chronic conditions,
individuals unable to perform activities of daily living, individuals
with severe cognitive impairment, individuals with complex medical
conditions, and other individuals with similar levels of disability or
need for care)
On page 3, line 10, increase the amount by $246,000,000.
On page 3, line 11, increase the amount by $256,000,000.
On page 3, line 12, increase the amount by $267,000,000.
On page 3, line 13, increase the amount by $552,000,000.
On page 3, line 14, increase the amount by $578,000,000.
On page 3, line 15, increase the amount by $908,000,000.
On page 3, line 16, increase the amount by $941,000,000.
On page 3, line 17, increase the amount by $1,313,000,000.
On page 3, line 18, increase the amount by $1,375,000,000.
On page 3, line 19, increase the amount by $1,799,000,000.
On page 4, line 1, increase the amount by $246,000,000.
On page 4, line 2, increase the amount by $256,000,000.
On page 4, line 3, increase the amount by $267,000,000.
On page 4, line 4, increase the amount by $552,000,000.
On page 4, line 5, increase the amount by $578,000,000.
On page 4, line 6, increase the amount by $908,000,000.
On page 4, line 7, increase the amount by $941,000,000.
On page 4, line 8, increase the amount by $1,313,000,000.
On page 4, line 9, increase the amount by $1,375,000,000.
On page 4, line 10, increase the amount by $1,799,000,000.
On page 4, line 15, increase the amount by $246,000,000.
On page 4, line 16, increase the amount by $256,000,000.
On page 4, line 17, increase the amount by $267,000,000.
On page 4, line 18, increase the amount by $552,000,000.
On page 4, line 19, increase the amount by $578,000,000.
On page 4, line 20, increase the amount by $908,000,000.
On page 4, line 21, increase the amount by $941,000,000.
On page 4, line 22, increase the amount by $1,313,000,000.
On page 4, line 23, increase the amount by $1,375,000,000.
On page 4, line 24, increase the amount by $1,799,000,000.
[[Page S4238]]
On page 5, line 5, increase the amount by $246,000,000.
On page 5, line 6, increase the amount by $256,000,000.
On page 5, line 7, increase the amount by $267,000,000.
On page 5, line 8, increase the amount by $552,000,000.
On page 5, line 9, increase the amount by $578,000,000.
On page 5, line 10, increase the amount by $908,000,000.
On page 5, line 11, increase the amount by $941,000,000.
On page 5, line 12, increase the amount by $1,313,000,000.
On page 5, line 13, increase the amount by $1,375,000,000.
On page 5, line 14, increase the amount by $1,799,000,000.
On page 27, line 11, increase the amount by $246,000,000.
On page 27, line 12, increase the amount by $246,000,000.
On page 27, line 15, increase the amount by $256,000,000.
On page 27, line 16, increase the amount by $256,000,000.
On page 27, line 19, increase the amount by $267,000,000.
On page 27, line 20, increase the amount by $267,000,000.
On page 27, line 23, increase the amount by $552,000,000.
On page 27, line 24, increase the amount by $552,000,000.
On page 28, line 2, increase the amount by $578,000,000.
On page 28, line 3, increase the amount by $578,000,000.
On page 28, line 6, increase the amount by $908,000,000.
On page 28, line 7, increase the amount by $908,000,000.
On page 28, line 10, increase the amount by $941,000,000.
On page 28, line 11, increase the amount by $941,000,000.
On page 28, line 14, increase the amount by $1,313,000,000.
On page 28, line 15, increase the amount by $1,313,000,000.
On page 28, line 18, increase the amount by $1,375,000,000.
On page 28, line 19, increase the amount by $1,375,000,000.
On page 28, line 22, increase the amount by $1,799,000,000.
On page 28, line 23, increase the amount by $1,799,000,000.
The PRESIDING OFFICER. There will be 2 minutes of debate equally
divided on each side. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, my amendment would give a tax credit up
to $5,000 to family caregivers. My amendment would help a family
dealing with juvenile diabetes, a spouse taking care of someone with
Alzheimer's, a parent taking care of an adult son with Down's syndrome.
My tax credit would pay for prescription drugs, home health care,
durable medical equipment--things that give help to those families
practicing self-help. These families face a tremendous financial and
emotional burden. Families will deal with their own emotional burden,
but I believe America should step up and help them with their financial
burden as they deal with caregiving in the United States of America.
Mr. President, 125 million Americans have chronic conditions; 18
million of those are children. Family caregivers are often stretched to
the limit, often working two jobs. This amendment costs $35 billion. We
can afford it and we ought to do it.
The PRESIDING OFFICER. Who yields time? Who yields time in
opposition?
Mr. NICKLES. Go ahead.
Mr. GRASSLEY. I yield myself time.
Mr. President, I rise in opposition to the amendment. I obviously do
not rise in opposition to the goals the Senator from Maryland seeks,
because I, along with Senator Graham of Florida--the two of us are
sponsors of an amendment that would provide a $3,000 tax credit for
family caregiving. But what we are involved with here is taking money
from the tax reduction fund to put into another program. What we need
to do is keep the tax reduction fund very strong because it is a growth
package, it is a job package. We want to create jobs. We want an
economic environment so when our men and women come home from Iraq
there are jobs for our men and women. There is no job creation now. We
want to create jobs. It is going to take a tax cut to create jobs.
The PRESIDING OFFICER. The question is on agreeing to the Mikulski
amendment No. 349.
Mr. REID. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
Mr. REID. I announce that the Senator from Georgia (Mr. Miller) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 45, nays 54, as follows:
[Rollcall Vote No. 72 Leg.]
YEAS--45
Akaka
Bayh
Biden
Boxer
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--54
Alexander
Allard
Allen
Baucus
Bennett
Bingaman
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--1
Miller
The amendment (No. 349) was rejected.
Mr. REID. I move to reconsider the vote.
Mr. DORGAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, the managers of the bill asked that I
maintain the floor until they return at approximately 1:15. They ask
that there be no amendments offered or debate on amendments.
Senator Byrd is here. And he usually, each spring, gives us a speech
on springtime.
Is the Senator ready to speak?
Mr. President, I ask unanimous consent that the Senator from West
Virginia be allowed to speak as in morning business for up to 7
minutes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from West Virginia.
Mr. BYRD. Mr. President, I thank the Chair. And I thank my
distinguished colleague, the Democratic whip, for his characteristic
courtesy and attention to matters in the Senate, and his always
readiness to help other Senators in getting recognition. I thank him
very much.
Springtime
Mr. President, this is my 85th year, but it is my 86th coming of
spring. I am 85 years old--85 years young--but this is my 86th first
day of spring.
So, Mr. President, at long last spring has arrived. How sweet it is.
How sweet it is. Spring has arrived.
After a long gray winter made darker by the specter of war, and with
that conflict now upon us, it is heartening to be reminded of the great
rhythm of the seasons and the renewal of the earth and the life upon
it.
Now Nature hangs her mantle green
On every blooming tree,
And spreads her sheets o' daisies white
Out o'er the grassy lea
So wrote the poet Robert Burns.
On the world stage, war plays a leading role, demanding our attention
with the strident clangor of steel and the tramp of marching troops.
But in the wings, subtly repainting the background sets, spring softens
the scenery and gives us hope for the rebirth of peace. Bright crocuses
blanket the ground in a confetti of color and the green ink of new
growth stains the tawny fields of winter. The redbuds cover the
hillsides in a rosy blush as bare forests rush to cover themselves in
verdant blankets of new leaves. Banks of nodding daffodils cheer the
anxious hearts of families worrying over loved ones in uniform far from
home.
[[Page S4239]]
Last year, a dry and mild winter caused spring bulbs to bloom in
February. This year, as snowfall after snowfall piled up on lawns and
roads, it seemed as if no flower could survive in the icy soil. Seed
catalogs languished unread as we shoveled sidewalks and scraped
windshields. We told ourselves that we needed the moisture and that the
snow would replenish the groundwater, but these charitable thoughts
faded as we faced another foot of new-fallen snow, another miserable
commute, another slushy slog across parking lot melt. It was a long and
wearing winter, and for those in the northern latitudes of the United
States, it lingers on still. In Washington, and in West Virginia,
however, we are emerging from our dens like bears--shaggy, lean, and
hungry for spring.
Sweet is the breath of morn, her rising
Sweet
With charm of earliest birds; pleasant
The sun
When first on this delightful land he
Spreads
His orient beams on herb, tree, fruit
And flower.
The poet John Milton wrote those words.
I look forward to turning away from the incessant news coverage of
war, and I look forward to spending a few precious moments outside
listening instead to the spring peepers--those little frogs whose
singing brings back boyhood memories of long ago, bubbling springs
along Wolf Creek Hollow in Mercer County, WV. Their singing coincided
with the arrival of warmer weather and with it, a welcome respite from
those bitter early morning walks to school, cold hands wrapped around
my lunch pail handle, coat collar turned up against the wind that
transformed tender ears into red popsicles.
As I tend to the simple routines of springtime--cleaning up the
sticks and leaves strewn across the yard by the winter winds, preparing
my small garden, of four or five or six or seven tomato plants weeding
and fertilizing the lawn--I shall look upon the spring flowers in all
their finery. The forsythia, the lilac, the hyacinth, all are undaunted
by the code oranges and the code reds. They care nothing for al-Qaida
terrorists or Tomahawk missiles, for M1-A1 tanks or F-117 bombers, for
sandy battlefields or military strikes. In their benevolence, they show
the same cheerful faces to Presidents and dictators, to soldiers and to
the loved ones those soldiers leave behind. In their camps in Kuwait
and in their bivouacs in the desert, our brave troops will not see a
daffodil this spring. But God's daffodil are there for them, just as we
are, our support as eternal and dependable as the arrival of spring. I
hope that they can take comfort in knowing that the daffodils still
bloom and that spring has come at last. With my prayers for their
safety and quick success, I wish them the energy and purpose of spring.
May they soon be restored to their loved ones, to us, to enjoy a
beautiful springtime at home.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, normally when there are speeches given not
on the subject matter of the debate, we ask that they be put someplace
else in the Record. I think this speech on springtime should stay just
where it is. This has been a very difficult morning. It is going to be
a much more difficult afternoon and evening. The speech on springtime
should appear in the Record for all eternity to show that there are
other things we do that have more meaning sometimes than the
meaningless votes we take.
I ask unanimous consent that the Senator's wonderful statement about
springtime stay where it is. As busy as we are here, sometimes we don't
think about it, but because of the Senator from West Virginia, we are
forced to--speeches he has given on Mother's Day and Father's Day, and
other such speeches that I will long remember. This speech on
springtime has caused me to focus on springtime that I would not have
done otherwise.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BYRD. I thank the distinguished Senator from Nevada.
Mr. REID. Mr. President, we are going to be in a quorum call unless
someone has a speech on a subject not related to the budget that they
care to give. Senator Nickles and Senator Conrad asked that basically
we be in a shutdown on the budget until they return, which should be in
a matter of a few minutes. They wanted to come back around 1:15.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. NICKLES. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NICKLES. Mr. President, we have tentatively agreed on an outline
for amendments. I will read through these amendments. It is subject to
change. I thank my colleague from North Dakota. We are working together
and trying to accommodate Senators. Most of the amendment requests are
coming from the minority side of the aisle, and that is the way it
usually is on these resolutions. I understand that. We are going to try
to move as expeditiously as possible. We are absolutely committed to
finishing this bill. It is important we work together to try to
complete it.
Some people are outside trying to rewrite amendments or write new
amendments. I really discourage that. It is this Senator's intention to
finish the bill. We have only been on it all week, and to have people
in the drafting stage to see what they can come up with is not a good
way to finish. We will be here until we finish.
I will not ask unanimous consent. I will list the order we expect
just so Senators are notified and can be ready:
Senator Clinton dealing with homeland security; Senator Dorgan
dealing with veterans affairs; Senator Breaux and others dealing with
the $350 billion growth package; Senator Kennedy dealing with Pell
grants; Senator Gregg dealing with Pell grants; Senator Byrd dealing
with Amtrak; possibly Senator McCain on Amtrak; Senator Biden dealing
with COPS; Senator Hollings on port security; Senator Nickles on port
security; Senator Bond on highways; and Senator Nickles on highways.
That is our intention. It is not a unanimous consent request. It is
just our intention, a list, an outline for our colleagues. This will be
another 10 amendments. I suspect three or four of these amendments will
drop.
Mr. REID. Will my friend yield?
Mr. NICKLES. I will be happy to yield.
Mr. REID. Mr. President, I think the two managers of this bill have
been fair in doing their best to list these amendments and have an
orderly process to dispose of them. Not in this tranche, but maybe the
next, I hope the two managers will consider having part of a unanimous
consent agreement that--everyone has been here on time--if someone is
not here to offer their amendment, I am not sure we should hang around
and wait for them.
Mr. NICKLES. I concur.
We are ready to do business. I believe Senator Clinton has a
modification of her amendment to send to the desk.
Amendment No. 381
Mrs. CLINTON. Mr. President, I have an amendment at the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from New York [Mrs. Clinton] proposes an
amendment numbered 381.
Mrs. CLINTON. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To raise the 2003 caps by $3.5 billion for homeland security
funding through a Domestic Defense Fund at the Department of Homeland
Security's Office of Domestic Preparedness in FY 2003 and to reduce the
size of newly proposed tax cuts in the amount of $7 billion to pay for
this amendment and for the cost of previously passed homeland security
funding)
On page 3, line 9, increase the amount by $2,450,000,000.
On page 3, line 10, increase the amount by $2,450,000,000.
On page 3, line 11, increase the amount by $1,400,000,000.
On page 3, line 12, increase the amount by $700,000,000.
On page 3, line 23, increase the amount by $2,450,000,000.
On page 4, line 1, increase the amount by $2,450,000,000.
[[Page S4240]]
On page 4, line 2, increase the amount by $1,400,000,000.
On page 4, line 3, increase the amount by $700,000,000.
On page 4, line 14, increase the amount by $3,491,000,000.
On page 4, line 15, decrease the amount by $575,000,000.
On page 4, line 16, decrease the amount by $128,000,000.
On page 4, line 17, decrease the amount by $174,500,000.
On page 4, line 18, decrease the amount by $197,500,000.
On page 4, line 19, decrease the amount by $211,000,000.
On page 4, line 20, decrease the amount by $225,000,000.
On page 4, line 21, decrease the amount by $238,500,000.
On page 4, line 22, decrease the amount by $251,500,000.
On page 4, line 23, decrease the amount by $265,000,000.
On page 4, line 24, decrease the amount by $281,000,000.
On page 5, line 4, increase the amount by $1,216,000,000.
On page 5, line 5, increase the amount by $1,167,500,000.
On page 5, line 6, increase the amount by $572,000,000.
On page 5, line 7, increase the amount by $175,500,000.
On page 5, line 8, decrease the amount by $197,500,000.
On page 5, line 9, decrease the amount by $211,000,000.
On page 5, line 10, decrease the amount by $225,000,000.
On page 5, line 11, decrease the amount by $238,500,000.
On page 5, line 12, decrease the amount by $251,500,000.
On page 5, line 13, decrease the amount by $265,000,000.
On page 5, line 14, decrease the amount by $281,000,000.
On page 5, line 17, increase the amount by $1,234,000,000.
On page 5, line 18, increase the amount by $1,282,500,000.
On page 5, line 19, increase the amount by $828,000,000.
On page 5, line 20, increase the amount by $524,500,000.
On page 5, line 21, increase the amount by $197,500,000.
On page 5, line 22, increase the amount by $211,000,000.
On page 5, line 23, increase the amount by $225,000,000.
On page 5, line 24, increase the amount by $238,500,000.
On page 5, line 25, increase the amount by $251,500,000.
On page 6, line 1, increase the amount by $265,000,000.
On page 6, line 2, increase the amount by $281,000,000.
On page 23, line 15, increase the amount by $3,500,000,000.
On page 23, line 16, increase the amount by $1,225,000,000.
On page 23, line 20, increase the amount by $1,225,000,000.
On page 23, line 24, increase the amount by $700,000,000.
On page 24, line 3, increase the amount by $350,000,000.
On page 46, line 20, increase the amount by $3,500,000,000.
On page 46, line 21, increase the amount by $1,225,000,000.
On page 47, line 6, increase the amount by $1,225,000,000.
On page 47, line 15, increase the amount by $700,000,000.
Mrs. CLINTON. Earlier today, the Senate passed an amendment offered
by Senator Cochran----
The PRESIDING OFFICER. The Senator will suspend. There is no time for
debate on the amendment.
The Senator from Oklahoma.
Mr. NICKLES. Mr. President, for this list of amendments I have
outlined, I ask unanimous consent that there be 2 minutes equally
divided on each of these amendments.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from New York.
Mrs. CLINTON. Mr. President, earlier today, the Senate passed an
amendment offered by Senator Cochran to increase homeland security
funding by $3.5 million in the emergency supplemental bill we will
consider in the coming weeks. This is an important first step, but it
is not nearly enough and it should be paid for.
Our cities have already invested $2.6 billion to protect the American
homefront. This amendment adds $3.5 billion to Senator Cochran's
amendment and takes the fiscally responsible approach of paying for the
full $7 billion without reducing the reconciliation amount. I think we
need to be much more vigorous in providing the funds that our police,
our firefighters, and our cities need. This will help us move in that
direction, and it will also be paid for, which is another important
value that this budget should be trying to promote.
I ask for its approval and I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. Who yields time in opposition?
The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I do not know when we can say enough is
enough. We have doubled the funding for homeland security in 2003
compared to 2002. That is a result of 9/11, and appropriately so. The
budget we have before us increases it another 18.4 percent. We have
already increased homeland security an additional $3.5 billion as a
result of passage of the Cochran amendment.
Senator Clinton's amendment would just bump it up another $3.5
billion. That would be an enormous percentage increase. Right now, we
have funds for homeland security State by State that are not being
spent, for whatever reason. I urge my colleagues to vote no on the
amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
381.
The yeas and nays have been ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
The result was announced--yeas 48, nays 52, as follows:
[Rollcall Vote No. 73 Leg.]
YEAS--48
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--52
Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
The amendment (No. 381) was rejected.
Amendment No. 385
Mr. DORGAN. Mr. President, my understanding is that I am next on the
list.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. My understanding is I am next on the list to offer an
amendment. If that is the case, I am prepared to send an amendment to
the desk on behalf of myself, Mr. Feingold, Mr. Daschle, Mr. Leahy, Mr.
Jeffords, Mr. Harkin, Ms. Mikulski, Mr. Johnson, and Mr. Sarbanes.
The PRESIDING OFFICER. The clerk will report the amendment.
The assistant legislative clerk read as follows:
The Senator from North Dakota (Mr. Dorgan), for himself,
Mr. Feingold, Mr. Daschle, Mr. Leahy, Mr. Jeffords, Mr.
Harkin, Ms. Mikulski, Mr. Johnson, and Mr. Sarbanes, proposes
an amendment numbered 385.
Mr. DORGAN. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To increase FY 2004 funding for the discretionary programs of
the Department of Veterans Affairs by $1,019,000,000, so it matches the
level proposed by a coalition of veterans groups in the Independent
Budget; to decrease the deficit by a similar amount; and to use the
unreconciled tax cut to pay for it)
On page 3, line 10, increase the amount by $1,987,000,000.
On page 3, line 11, increase the amount by $192,000,000.
On page 3, line 12, increase the amount by $29,000,000.
On page 3, line 13, increase the amount by $9,000,000.
On page 3, line 14, increase the amount by $1,000,000.
[[Page S4241]]
On page 4, line 1, increase the amount by $1,798,000,000.
On page 4, line 2, increase the amount by $192,000,000.
On page 4, line 3, increase the amount by $29,000,000.
On page 4, line 4, increase the amount by $9,000,000.
On page 4, line 5, increase the amount by $1,000,000.
On page 4, line 15, increase the amount by $1,003,000,000.
On page 4, line 16, decrease the amount by $43,000,000.
On page 4, line 17, decrease the amount by $52,000,000.
On page 4, line 18, decrease the amount by $58,000,000.
On page 4, line 19, decrease the amount by $61,000,000.
On page 4, line 20, decrease the amount by $65,000,000.
On page 4, line 21, decrease the amount by $69,000,000.
On page 4, line 22, decrease the amount by $73,000,000.
On page 4, line 23, decrease the amount by $77,000,000.
On page 4, line 24, decrease the amount by $81,000,000.
On page 5, line 5, increase the amount by $883,000,000.
On page 5, line 6, increase the amount by $53,000,000.
On page 5, line 7, decrease the amount by $37,000,000.
On page 5, line 8, decrease the amount by $54,000,000.
On page 5, line 9, decrease the amount by $61,000,000.
On page 5, line 10, decrease the amount by $65,000,000.
On page 5, line 11, decrease the amount by $69,000,000.
On page 5, line 12, decrease the amount by $73,000,000.
On page 5, line 13, decrease the amount by $77,000,000.
On page 5, line 14, decrease the amount by $81,000,000.
On page 5, line 18, increase the amount by $915,000,000.
On page 5, line 19, increase the amount by $139,000,000.
On page 5, line 20, increase the amount by $66,000,000.
On page 5, line 21, increase the amount by $63,000,000.
On page 5, line 22, increase the amount by $62,000,000.
On page 5, line 23, increase the amount by $65,000,000.
On page 5, line 24, increase the amount by $69,000,000.
On page 5, line 25, increase the amount by $73,000,000.
On page 6, line 1, increase the amount by $77,000,000.
On page 6, line 2, increase the amount by $81,000,000.
On page 6, line 6, decrease the amount by $915,000,000.
On page 6, line 7, decrease the amount by $1,054,000,000.
On page 6, line 8, decrease the amount by $1,121,000,000.
On page 6, line 9, decrease the amount by $1,183,000,000.
On page 6, line 10, decrease the amount by $1,245,000,000.
On page 6, line 11, decrease the amount by $1,311,000,000.
On page 6, line 12, decrease the amount by $1,380,000,000.
On page 6, line 13, decrease the amount by $1,453,000,000.
On page 6, line 14, decrease the amount by $1,531,000,000.
On page 6, line 15, decrease the amount by $1,612,000,000.
On page 6, line 19, decrease the amount by $915,000,000.
On page 6, line 20, decrease the amount by $1,054,000,000.
On page 6, line 21, decrease the amount by $1,121,000,000.
On page 6, line 22, decrease the amount by $1,183,000,000.
On page 6, line 23, decrease the amount by $1,245,000,000.
On page 6, line 24, decrease the amount by $1,311,000,000.
On page 6, line 25, decrease the amount by $1,380,000,000.
On page 7, line 1, decrease the amount by $1,453,000,000.
On page 7, line 2, decrease the amount by $1,531,000,000.
On page 7, line 3, decrease the amount by $1,612,000,000.
On page 34, line 19, increase the amount by $1,019,000,000.
On page 34, line 20, increase the amount by $899,000,000.
On page 34, line 24, increase the amount by $96,000,000.
On page 35, line 3, increase the amount by $15,000,000.
On page 35, line 7, increase the amount by $4,000,000.
On page 40, line 6, decrease the amount by $16,000,000.
On page 40, line 7, decrease the amount by $16,000,000.
On page 40, line 10, decrease the amount by $43,000,000.
On page 40, line 11, decrease the amount by $43,000,000.
On page 40, line 14, decrease the amount by $52,000,000.
On page 40, line 15, decrease the amount by $52,000,000.
On page 40, line 18, decrease the amount by $58,000,000.
On page 40, line 19, decrease the amount by $58,000,000.
On page 40, line 22, decrease the amount by $61,000,000.
On page 40, line 23, decrease the amount by $61,000,000.
On page 41, line 2, decrease the amount by $65,000,000.
On page 41, line 3, decrease the amount by $65,000,000.
On page 41, line 6, decrease the amount by $69,000,000.
On page 41, line 7, decrease the amount by $69,000,000.
On page 41, line 10, decrease the amount by $73,000,000.
On page 41, line 11, decrease the amount by $73,000,000.
On page 41, line 14, decrease the amount by $77,000,000.
On page 41, line 15, decrease the amount by $77,000,000.
On page 41, line 18, decrease the amount by $81,000,000.
On page 41, line 19, decrease the amount by $81,000,000.
On page 47, line 5, increase the amount by $1,019,000,000.
On page 47, line 6, increase the amount by $899,000,000.
On page 47, line 15, increase the amount by $96,000,000.
The PRESIDING OFFICER. Two minutes will be provided for debate,
equally divided on each side.
The Senator from North Dakota.
Mr. DORGAN. This amendment adds $1.019 billion to the total amount in
the bill for veterans discretionary programs. The amendment is paid for
by a decrease in the tax cut in an equal amount, in addition to the
additional spending on veterans programs that would be available to
reduce the deficit.
With respect to veterans programs, let me say to the chairman and
ranking member, I think they did some good work with respect to
veterans medical care. They did actually add some money for veterans
health care, veterans medical care. We all commend them for that.
We are still very short with respect to veterans programs dealing
with research, with construction, with the administration that is
needed in order to process the requests by veterans. There is a rather
lengthy time lag in being able to process the request. The fact is, we
need to provide sufficient moneys for this service.
At a time when veterans are in the field prosecuting this war, we
ought to say we will keep our promise to veterans.
Mr. SPECTER. Mr. President, I am voting against Senator Dorgan's
amendment, which proposes to add an additional $1 billion to VA
discretionary accounts. I so vote because the budget resolution, as
reported by the Budget committee, already makes significant additions
in funding for veterans benefits. It is, I think, already a fair and
just allocation of funding for veterans.
It seems to be the case that no matter how much funding is made
available in a budget resolution, someone will always propose
additions. For veterans this year, the budget resolution, as reported,
contains unprecedented increases in VA discretionary funding; it
increases VA discretionary funding by $3.4 billion over fiscal year
2003 levels, a 13 percent increase. The Budget Committee-reported
resolution more than doubles the administration's proposed VA medical
care funding increase of $1.5 billion, adding an additional $1.8
billion to this most critical budget account, as urged by Senators
Johnson and Ensign in the Budget Committee's markup. In fairness, it is
accurate to conclude that funding levels approved by the Budget
committee do not shortchange veterans.
Senator Dorgan's amendment would add funds to non-medical care-
related accounts, such as construction, research, veterans cemetery
administration, and veterans benefits processing. These are important
accounts--and they have been increased significantly in recent years.
Since 1997, Congress has provided funds to support a 40 percent
increase in staffing for compensation claims processing. VA medical
research funding has increased by 47 percent Veterans cemetery
administration funding has increased by 71 percent. Funding for the VA
inspector general's office has almost doubled. And over 2.5 billion
dollars' worth of major and minor construction projects have been
funded. The present resolution will improve on this record by providing
a 13
[[Page S4242]]
percent increase above 2003 enacted levels for such accounts.
Construction funding alone will increase by 62 percent over the 2003
enacted levels.
I would like to see even greater increases; it would always be nice
to add more funding for various worthwhile purposes. But, in fairness,
veterans benefits must be considered along with proposed increases in
education, health care, environmental protection, and many other
worthwhile Federal programs. Viewed in this context, I think the
proposed budget allocation is fair and just.
Mr. SARBANES. Mr. President, I rise today to express my strong
support for the amendment offered by my colleague Senator Dorgan, to
increase the amount of discretionary funding for veterans programs. I
am proud to be an original cosponsor of this amendment--one that will
go a long way in ensuring that our Nation's veterans receive the
benefits to which they are entitled.
As you know, every year a coalition of our Nation's veterans advocacy
groups comes together to compile the Independent Budget. This
document--written by veterans for veterans--offers guidance to the
Congress on the projected needs of our Nation's veterans in the coming
fiscal year. I am pleased that during last week's markup of the Budget
Resolution, the Senate Budget Committee, with my support, adopted an
amendment to match the amount included in the Independent Budget to
adequately provide medical care for the 6.5 million veterans enrolled
in the VA health care system. This represented a nearly $2 billion
increase over the funding level requested by the President.
Senator Dorgan's amendment will build upon this success by helping to
provide additional resources to appropriately fund other key functions
of the Department of Veterans Affairs. The Dorgan amendment adds $1.019
billion to the total for veterans discretionary programs to match the
amount identified as necessary by the Independent Budget. Among other
things, these funds will be utilized to significantly boost VA medical
and prosthetics research, improve the processing of veterans benefits,
fund much needed construction, renovation and maintenance projects, and
ensure that are veterans are buried with honor.
Mr. President, our Nation's veterans, like the men and women in Iraq
today, answered the call of their nation--marching into harm's way to
preserve the ideals of liberty and democracy which we, as Americans,
hold so dear. In my view, making sure that our veterans receive
adequate and timely health care and the other benefits to which they
are entitled is a small price to pay to express our continued gratitude
for their unwavering service to our nation.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. I urge my colleagues to vote no on this amendment. I
think this is another case where I said no matter what we do in
committee, no matter how much we add, someone is going to come up and
say it is not enough. We increased the veterans budget altogether over
12 percent, $3.4 billion. We did 10 percent over the President's
request, about $3 billion. We did a 14.7 percent increase in veterans
health care.
This amendment not only has more increases but, in addition, it also
reduces the tax cut. We are taking care of our veterans in this
proposal with enormous percentage increases. I urge my colleagues to
vote no on the amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
385.
Mr. DORGAN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
The result was announced--yeas 49, nays 51, as follows:
[Rollcall Vote No. 74 Leg.]
YEAS--49
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Chafee
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--51
Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
The amendment (No. 385) was rejected.
Mr. NICKLES. Mr. President, I move to reconsider the vote on the
Dorgan amendment No. 385.
Mr. LEAHY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Oklahoma.
Amendments Nos. 328 and 282, En Bloc
Mr. NICKLES. Mr. President, I ask unanimous consent to call up and
pass amendment No. 328, sponsored by Senators Wyden and Kyl, regarding
the national fire plan; and amendment No. 282, by Senator Brownback,
regarding a commission to review the efficiency of Federal agencies.
The PRESIDING OFFICER. Is there objection?
The Senator from North Dakota.
Mr. CONRAD. Mr. President, there is no objection on this side.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:
The Senator from Oklahoma [Mr. Nickles], for Mr. Wyden, for
himself, Mr. Kyl, Mr. Bingaman, Mrs. Murray, Mr. Johnson, Mr.
Kerry, and Mrs. Feinstein, proposes an amendment numbered
328.
The amendment is as follows:
(Purpose: To increase investments in implementation of the National
Fire Plan to benefit national forests, the environment, local
communities and local economies)
On page 16, line 11, increase the amount by $500,000,000.
On page 16, line 12, increase the amount by $325,000,000.
On page 16, line 16, increase the amount by $85,000,000.
On page 16, line 20, increase the amount by $50,000,000.
On page 16, line 24, increase the amount by $25,000,000.
On page 17, line 3, increase the amount by $15,000,000.
On page 42, line 2, decrease the amount by $500,000,000.
On page 42, line 3, decrease the amount by $325,000,000.
On page 42, line 7, decrease the amount by $85,000,000.
On page 42, line 11, decrease the amount by $50,000,000.
On page 42, line 15, decrease the amount by $25,000,000.
On page 42, line 19, decrease the amount by $15,000,000.
The PRESIDING OFFICER. Is there further debate on the amendments?
The Senator from Oregon.
Mr. WYDEN. Very briefly, amendment No. 328 is a bipartisan amendment
that Senator Kyl and I have cosponsored with Senator Domenici, Senator
Bingaman, and others. It deals with the national fire plan. Suffice it
to say, Senators know that the West over the last few summers has just
been an inferno. We expect another very hot summer. This legislation is
a bipartisan initiative which would allow us to set aside additional
funds for forest restoration, hazardous fuels reduction and fire
research, and real on-the-ground collaboration with States and
localities to help them improve their environment and protect against
catastrophic fire. It is backed by the timber industry and a host of
environmental groups. I see my colleague from Arizona on the floor as
well.
It is a bipartisan amendment on which Western Senators cooperated. I
urge my colleagues to support it.
The PRESIDING OFFICER. Is there further debate?
The Senator from Arizona.
Mr. KYL. Mr. Senator, let me add to the comments of my colleague from
Oregon. I compliment him for the work he has done. This is a good
example of bipartisanship in working to solve a
[[Page S4243]]
national problem. The people from the Appropriations Committee, the
administration, and the Democratic and Republican Parties in the Senate
have come together to restore some of these funds so we could help to
create healthy forests for the benefit of all.
The PRESIDING OFFICER. Is there further debate?
If not, the question is on agreeing to amendments Nos. 328 and 282 en
bloc.
The amendments (No. 328 and No. 282) were agreed to en bloc.
Amendment No. 339, as Modified
Mr. NICKLES. Mr. President, the next amendment we will have will be
by the Senator from Louisiana, Mr. Breaux. There will be a 10-minute
time limitation. It is a very large amendment. I ask that the Senator
from Louisiana be recognized.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. BREAUX. Mr. President, I ask unanimous consent to modify the
amendment and send the modification to the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
On page 3, line 9, increase the amount by $10,433,000,000.
On page 3, line 10, increase the amount by $23,015,000,000.
On page 3, line 11, increase the amount by $17,962,000,000.
On page 3, line 12, increase the amount by $12,167,000,000.
On page 3, line 13, increase the amount by $6,893,000,000.
On page 3, line 14, increase the amount by $6,183,000,000.
On page 3, line 15, increase the amount by $5,879,000,000.
On page 3, line 16, increase the amount by $5,992,000,000.
On page 3, line 17, increase the amount by $42,874,000,000.
On page 3, line 18, increase the amount by $69,512,000,000.
On page 3, line 19, increase the amount by $74,090,000,000.
On page 3, line 23, increase the amount by $10,433,000,000.
On page 4, line 1, increase the amount by $23,015,000,000.
On page 4, line 2, increase the amount by $17,962,000,000.
On page 4, line 3, increase the amount by $12,167,000,000.
On page 4, line 4, increase the amount by $6,893,000,000.
On page 4, line 5, increase the amount by $6,183,000,000.
On page 4, line 6, increase the amount by $5,879,000,000.
On page 4, line 7, increase the amount by $5,992,000,000.
On page 4, line 8, increase the amount by $42,874,000,000.
On page 4, line 9, increase the amount by $69,512,000,000.
On page 4, line 10, increase the amount by $74,090,000,000.
On page 4, line 14, decrease the amount by $77,000,000.
On page 4, line 15, decrease the amount by $718,000,000.
On page 4, line 16, decrease the amount by $1,974,000,000.
On page 4, line 17, decrease the amount by $3,035,000,000.
On page 4, line 18, decrease the amount by $3,789,000,000.
On page 4, line 19, decrease the amount by $4,376,000,000.
On page 4, line 20, decrease the amount by $4,974,000,000.
On page 4, line 21, decrease the amount by $5,588,000,000.
On page 4, line 22, decrease the amount by $7,219,000,000.
On page 4, line 23, decrease the amount by $10,657,000,000.
On page 4, line 24, decrease the amount by $15,140,000,000.
On page 5, line 4, decrease the amount by $77,000,000.
On page 5, line 5, decrease the amount by $718,000,000.
On page 5, line 6, decrease the amount by $1,974,000,000.
On page 5, line 7, decrease the amount by $3,035,000,000.
On page 5, line 8, decrease the amount by $3,789,000,000.
On page 5, line 9, decrease the amount by $4,376,000,000.
On page 5, line 10, decrease the amount by $4,974,000,000.
On page 5, line 11, decrease the amount by $5,588,000,000.
On page 5, line 12, decrease the amount by $7,219,000,000.
On page 5, line 13, decrease the amount by $10,657,000,000.
On page 5, line 14, decrease the amount by $15,140,000,000.
On page 5, line 17, increase the amount by $10,511,000,000.
On page 5, line 18, increase the amount by $23,733,000,000.
On page 5, line 19, increase the amount by $19,935,000,000.
On page 5, line 20, increase the amount by $15,203,000,000.
On page 5, line 21, increase the amount by $10,681,000,000.
On page 5, line 22, increase the amount by $10,559,000,000.
On page 5, line 23, increase the amount by $10,853,000,000.
On page 5, line 24, increase the amount by $11,580,000,000.
On page 5, line 25, increase the amount by $50,093,000,000.
On page 6, line 1, increase the amount by $80,169,000,000.
On page 6, line 2, increase the amount by $89,231,000,000.
On page 6, line 5, decrease the amount by $10,511,000,000.
On page 6, line 6, decrease the amount by $32,244,000,000.
On page 6, line 7, decrease the amount by $54,179,000,000.
On page 6, line 8, decrease the amount by $69,382,000,000.
On page 6, line 9, decrease the amount by $80,063,000,000.
On page 6, line 10, decrease the amount by $90,622,000,000.
On page 6, line 11, decrease the amount by
$101,476,000,000.
On page 6, line 12, decrease the amount by
$113,055,000,000.
On page 6, line 13, decrease the amount by
$163,148,000,000.
On page 6, line 14, decrease the amount by
$243,317,000,000.
On page 6, line 15, decrease the amount by
$332,548,000,000.
On page 6, line 18, decrease the amount by $10,511,000,000.
On page 6, line 19, decrease the amount by $34,244,000,000.
On page 6, line 20, decrease the amount by $54,179,000,000.
On page 6, line 21, decrease the amount by $69,382,000,000.
On page 6, line 22, decrease the amount by $80,063,000,000.
On page 6, line 23, decrease the amount by $90,622,000,000.
On page 6, line 24, decrease the amount by
$101,476,000,000.
On page 6, line 25, decrease the amount by
$133,055,000,000.
On page 7, line 1, decrease the amount by $163,148,000,000.
On page 7, line 2, decrease the amount by $243,317,000,000.
On page 7, line 3, decrease the amount by $332,548,000,000.
On page 40, line 2, decrease the amount by $77,000,000.
On page 40, line 3, decrease the amount by $77,000,000.
On page 40, line 6, decrease the amount by $718,000,000.
On page 40, line 7, decrease the amount by $718,000,000.
On page 40, line 10, decrease the amount by $1,974,000,000.
On page 40, line 11, decrease the amount by $1,974,000,000.
On page 40, line 14, decrease the amount by $3,035,000,000.
On page 40, line 15, decrease the amount by $3,035,000,000.
On page 40, line 18, decrease the amount by $3,789,000,000.
On page 40, line 19, decrease the amount by $3,789,000,000.
On page 40, line 22, decrease the amount by $4,376,000,000.
On page 40, line 23, decrease the amount by $4,376,000,000.
On page 41, line 2, decrease the amount by $4,974,000,000.
On page 41, line 3, decrease the amount by $4,974,000,000.
On page 41, line 6, decrease the amount by $5,588,000,000.
On page 41, line 7, decrease the amount by $5,588,000,000.
On page 41, line 10, decrease the amount by $7,219,000,000.
On page 41, line 11, decrease the amount by $7,219,000,000.
On page 41, line 14, decrease the amount by
$10,657,000,000.
On page 41, line 15, decrease the amount by
$10,657,000,000.
On page 41, line 18, decrease the amount by
$15,140,000,000.
On page 41, line 19, decrease the amount by
$15,140,000,000.
On page 45, line 24, strike the amount and insert
``$323,284,000,000.''
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. BREAUX. Mr. President, we have worked in a bipartisan fashion.
This amendment is sponsored by myself, Senator Voinovich from Ohio,
Senator Baucus, and also Senator Snowe. We have believed there ought to
be a way of reaching an agreement on the size of the tax cut that is
reasonable and more balanced than the $626 billion tax cut currently
pending before the Senate.
There are some who have suggested that we would like to have no tax
cut whatsoever. That would probably be the better course of action, if
we could find the votes to do that, because conditions are dramatically
different from what they were the last time we considered a major tax
cut.
The last time we did a tax cut, we had a $5.6 trillion surplus. We do
not have that surplus. In fact, we have a $300 billion deficit facing
us. There is no pot of money to which we can go to have a large tax cut
of that magnitude.
[[Page S4244]]
In addition to that, we are at war. We are not at peace.
The PRESIDING OFFICER. The Senator's time has expired.
Who yields time in opposition?
The Senator from Oklahoma.
Mr. NICKLES. Mr. President, it is my belief that if this amendment
passed, we would take the growth out of the growth package. I call upon
my colleague, the chairman of the Finance Committee.
The PRESIDING OFFICER. The Senator from Oklahoma has claimed the 1
minute in opposition. The Senator from Oklahoma has 1 minute remaining.
Mr. BREAUX. Mr. President, I make a point of order. I understood that
the Budget chairman asked that we have 10 minutes on this because of
the importance of the amendment.
The PRESIDING OFFICER. The request was for 10 minutes on the vote.
Amendments have been given 2 minutes on each side, equally divided.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I ask unanimous consent that there be 5
minutes on each side for this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Louisiana.
Mr. BREAUX. I thank the distinguished chairman. I apologize for the
misunderstanding. I will ask the cosponsors if they would like to make
a comment.
The point is that we are at war. Turn on the television. Our men and
women are fighting in the deserts of Iraq right now. We are being asked
to cut tax revenues by $626 billion to pay for those functions. It
would be one thing if we had a surplus out of which to take it. We do
not. We are taking it out of a deficit. We are cutting taxes at a time
of uncertainty while we are in the middle of a war. If we do need a tax
cut of that magnitude, I would suggest we do it after the conflict is
over, after we know how much it has cost, after we know how much we
need to spend on programs such as Medicare and prescription drugs which
are not included in this budget whatsoever.
The better course of action would be to adopt our amendment. It
presents a $350 billion tax cut, which is half of what is pending right
now, and it uses the remainder of those savings, which would be $275
billion, for deficit reduction.
Some may say, ``That is not what I would like to do,'' but I think
this is something that is politically possible to accomplish. We can
always come back and increase the tax cut. That will be easy to do, if
we know how much money we have to deal with. We simply do not know that
now.
The wiser course of action would be to do what this amendment would
do. I ask for a favorable vote for the bipartisan amendment.
I reserve any time I may have.
The PRESIDING OFFICER. The Senator reserves the remainder of his
time.
Ms. SNOWE. Mr. President, our amendment is straightforward,
responsible and practical. It reflects the reality of the confluence of
circumstances we face--a war on terrorism and in Iraq, a struggling
economy, increased homeland security needs, and increased Federal
deficits, with this year's projected deficit already having increased
by more than 54 percent.
The amendment is a carefully calibrated, balanced approach to respond
to two compelling needs--first, to provide immediate, short-term
stimulus to an economy that has lost 2.3 million jobs and, second, to
avoid driving up deficits over the long term which, in turn, lead to
increased long-term interest rates that would stagnate our economy.
Our approach is simple--we differentiate between those aspects of the
growth package that truly provide quick, short-term economic stimulus
and those that do not. For those that don't, let's debate them later,
and if they have merit, let's pay for them as we go, not with deficit
spending that threatens our economy in the future as well as our
ability to address pressing national priorities such as strengthening
Social Security and Medicare as baby boomers begin to retire in 2008.
Mr. President, our measure provides a ``right-sized'' stimulus of
$350 billion while committing $376 billion to deficit reduction. It
deserves strong bipartisan support, and I hope my colleagues will vote
for this amendment.
I yield the floor.
Mr. KOHL. Mr. President, I rise today in support of the Breaux
amendment to S. Con. Res. 23, the budget resolution. This amendment
directs the Finance Committee to limit the amount of tax cuts that
could be passed through the fast track reconciliation procedure to $350
billion over 11 years. The budget before us includes over twice that
much in its so-called must pass economic stimulus package.
It is astounding to me that, on the eve of war, we are seriously
contemplating $725 billion in tax cuts in the same budget that does not
include a dime for the war or its associated costs. Our budget is a
statement of priorities. Do we really mean to say that giving a tax
break primarily to upper income taxpayers is 725 billion times more
important than adequately fighting the war, rebuilding Iraq, and
protecting our communities for relatiatory terrorist attacks?
Of course not. No one thinks that. But I do believe that some are
using the diversion of war to rush through a tax cut that is fiscally
irresponsible. No one wants to return to the days of deficit as far as
the eye can see and debt capable of dragging our country down for
decades. but that is what we'll get when we add a $725 billion tax cut
to the necessary and massive costs of the war.
The Breaux amendment brings the fast-tract tax cut down to $350
billion. I would prefer it to go much lower than that. In fact, I would
prefer delaying all tax cuts and spending increases until we can put
together an honest budget that looks at what we can afford to do in
light of what we must do. But if the choice is between $725 billion for
an ill-timed, ill-conceived idea and $350 billion for an ill-timed,
ill-conceived idea, I will pick the latter and urge my colleagues to do
the same.
Mr. HATCH. Mr. President, I rise today to urge my colleagues to
reject the Breaux amendment to the budget resolution that would reduce
the size of the President's growth and jobs plan to $350 billion. I
think my colleagues all recognize that such a drastic reduction in the
size of the growth package would make it most difficult for the Finance
Committee to include the Bush proposal to eliminate the taxation on
corporate dividends.
I know that a number of my colleagues have their doubts about the
President's proposal to eliminate the double tax on dividends, and I
would like to take a few moments to try to persuade them to support the
President's proposal. Today, I will address two aspects of this
important issue--how ending this double tax will help today's seniors,
and how ending the double tax will impact our Nation's economic future.
First, let us talk about how the double taxation of dividends affects
older Americans.
Our Nation's seniors have spent decades working long, hard hours,
scrimping and saving for a well-deserved retirement, only to find that
no matter how old they get, the tax man still has them in his sights.
Age brings wisdom, but not tax relief.
Fifteen or 20 years ago, it was common tax-planning wisdom to defer
one's income until the retirement years. Why? Because the tax rate
faced by seniors was almost always lower then the tax rate paid during
one's working years. Unfortunately, this is generally no longer the
case. Millions of senior citizens are now paying taxes at as high or
higher a rate in retirement than they did during their working years.
This year, I want to help President Bush change all that. The
President has a plan for cutting taxes for seniors, and I intend to
work with him to put his plan into law. We want to dramatically reduce
the marriage penalty for seniors, we want to expand the 10-percent
income tax bracket, and we want to speed up all of the rate cuts that
are scheduled to be phased in over the next few years.
And on top of all that we want to eliminate the double tax on the
dividends that seniors receive. This is the right plan for America's
seniors.
All of the items in the President's plan are good ideas, but as I
mentioned, today I would like to put particular focus on ending the
double tax on dividends.
[[Page S4245]]
Over half of all income tax filers over 65 years of age pay tax on
dividends, and over one-third of all filers between 55 and 64 have
taxable dividends. People saving for retirement, and people close to
retirement or working for an early retirement are paying a double tax.
Why do we call this tax on dividends a double tax? This is because
under current law, a corporation hands over more than a third of its
profits to the Federal Government in taxes, and then when investors get
their share of those profits in the form of dividends, we demand that
investors have to pay regular income tax on those very same dividends.
As President Bush keeps reminding us, taking income once is fair, but
taxing it twice is not.
By the time State taxes are factored in, the combined Federal and
State tax rate can exceed 71 percent. This is wrong, and it distorts
the economy and correcting it will give many benefits to taxpayers and
to the Nation as a whole.
We need to remember that this is not a question of rich versus poor.
Older Americans with modest incomes receive substantial stock
dividends. In fact, more than half of tax filers over the age of 65
earning between $30,000 and $40,000 per year receive taxable dividend
income: 50.9 percent, to be exact. And because our Nation's senior
citizens have been so thrifty during their lives, these dividend
payments are very often sizable.
Elderly Americans who receive dividends and earn between $30,000 and
$40,000 per year in total income receive an average of $2,008 every
year of that income as taxable dividends. Even retirees who earn
$15,000 to $30,000 per year receive substantial dividends. Forth-four
percent of the elderly in this category receive dividends, and these
Americans have to pay a double tax on over $1,400 a year in dividends.
Older Americans across the income spectrum pay a double tax on their
dividends, and it is time to end it. This will be a great boon to our
Nation's elderly who have worked and saved throughout their lives for
their retirement.
Now, I would like to turn to our Nation's economic future. A few
weeks ago, Chairman Greespan came up to Capitol Hill and told us that
ending the double tax dividends was good tax policy, but he wanted us
to do it in a fiscally responsible manner. Now, think it is fiscally
responsible to end the double tax on dividends. I have no doubt that
the static revenue estimate for the President's proposal is far too
high.
Over my 27 years in the Senate, I have seen time and time again that
tax cuts turned out to cost a lot less than the official estimates. We
saw it on the capital gains tax cut and we have seen it in other tax
cuts too. And with a policy that is as good for the economy's long-run
health as ending the double tax, I am confident that the official
revenue estimates are going to be far worse than usual. This tax cut is
going to change the way America does business, and it will increase
savings and capital formation.
This is not just my opinion. The Heritage Foundation has used a
mainstream economic model to look at how ending the double tax is
likely to help the economy. They conclude that ending the double tax
will be revenue-neutral by year 9. So even if Congress lets spending
grow at the projected rate, this proposal is an 8-year investment in
our economy's longrun health, and then it starts to pay for itself.
Now I would like to see spending grow slower than the projected rate,
so that we can balance the budget faster and so we can increase the
size of the private sector, but even if Congress fails to slow down
spending, this is still good longrun tax policy. If people think that
ending the double tax on dividends will blow a permanent hole in the
budget, they are living in a world of pure static-model fantasy.
In addition, I should point out that the Heritage economic model
completely ignored the long-term structural reforms that this tax cut
will bring about, reforms that will reduce the risk of future corporate
bankruptcies. I am going to discuss those reforms in just a moment. So
I believe that those 9-year-break-even estimates should be treated as a
worst case scenario.
That is why I believe that ending the double tax on dividends is
fiscally responsible. I have already addressed how this will help
middle-income retirees. Now I would like to delve into why I am
convinced this is good for our economy's future. On this issue, I would
like to quote Chairman Greenspan. This is what the Federal Reserve
Chairman said a few weeks ago:
I have always supported the elimination of the double
taxation of dividends because I think it is a major factor
restraining flexibility in our economy . . . and moving in
the direction of improving flexibility has very large long-
term payoffs.
Flexibility is an issue that Mr. Greenspan has emphasized a lot
lately. He has reminded us, again and again, that our Government should
do everything it can to make our economy as flexible as possible. Why
does he want a flexible economy?
This is what he said, and I quote: ``The more flexible an economy,
the greater its ability to self-correct in response to inevitable . . .
disturbances, thus reducing the size'' of recessions. In plain English,
he believes that if our economy is more flexible, then we will have
smaller recessions, and less unemployment.
Further, Chairman Greenspan believes that Congress can do something
about this. Congress can make the economy more flexible if we enact
good policies, and we can make the economy less flexible if we enact
bad policies. He said, and I quote, ``We should be placing special
emphasis on searching for policies that will engineer still greater
economic flexibility and [we should be] dismantling policies that
contribute to unnecessary rigidity.''
And as the Chairman said, the double tax on dividends is a source of
rigidity.
You might ask: How is cutting taxes supposed to make our economy more
flexible?
Ending the double tax on dividends helps in two major ways: It cuts
the risk of bankruptcy and it helps to make sure that investment funds
flow to the right companies. Let me address these in order.
Why is it America's corporations load up on debt financing, despite
the fact that high debt levels increase the risk of bankruptcy? Because
our Nation's tax laws have always given them massive financial
incentives to do just that.
The reason is simple. When a corporation pays interest to
bondholders, that payment is taxed once--at the shareholder level. But
when it pays dividends to stockholders, that payment is taxed twice--to
both the corporation and the shareholder.
As leading finance scholars Richard Brealey and Stewart Myers write:
``[T]he . . . United States tax system clearly favors debt over equity
financing.'' If you tax stock payments twice but you only tax debt
payments once, it is clear what companies are going to do--they will
finance most of their business by borrowing.
By loading up on tax deductible bonds and bank loans rather than
issuing new shares of stock, corporations, increase their chance of
going bankrupt. We have seen this play out with WorldCom, with US Air,
and most recently United Airlines. The media's refrain is always the
same: ``Today, a Fortune 500 company, burdened with debt, filed for
protection from its creditors.''
Our Tax Code should not encourage this behavior.
When corporations load up on debt, they commit too much of their cash
flow to making interest payments, and the threat of bankruptcy becomes
all too real. Once we change this policy, businesses will find that
they have people lined up out the door to buy stocks that pay
dividends. When companies see the clamor for dividend-paying stocks,
they will have a much stronger incentive to pay for new projects and
new factories by issuing new shares of stock rather than running to the
bank for a loan.
And then if times get tough, businesses will not be as likely to
declare bankruptcy and head to Federal court for a painful
reorganization. Instead, many companies will be able to cut their
dividend to shareholders, and continue business more or less as usual.
Lower dividends are bad news for shareholders, to be sure; but it will
spare society the pain of bankruptcy.
Ending the double tax on dividends will not end the business cycle,
but it will make it easier to recover from a recession. Bankruptcies
spread the
[[Page S4246]]
pain of recession over months and years, and it can destroy sound
companies that made the mistake of overpromising to banks and
bondholders. This will not end bankruptcy, but it will prevent a few
big ones now and then.
And this is not some untested pie-in-the-sky theory. All but two of
our major trading partners give some kind of relief from the double tax
on dividends. And the two countries that do not give relief--Ireland
and Switzerland--already have much lower corporate tax rates than we
do, so their double tax problem is not as bad as ours.
The mere fact that other countries are doing something does not prove
that it is the right thing for the United States. What we want to know
is, will our Nation get real, widespread benefits when we get rid of
the double tax? Here we have to look at history.
New Zealand used to have a double tax on dividends, but they got rid
of it in 1988. And what happened when they did that? When New Zealand
completely eliminated the double tax on dividends, corporate debt
levels fell, just as you would expect. Ending the double tax on
dividends cut corporate debt levels in New Zealand, and ending the
double tax on dividends will cut debt levels here, too. And our economy
will be safer for it.
The Bush proposal to eliminate the double taxation of dividends will
have a very positive effect on the economy, on seniors, on the tax
system, and on taxpayers in general. I urge my colleagues to reject the
Breaux amendment on the budget resolution, so that the Finance
Committee can accommodate the dividends proposal in the tax bill we
will be putting together in a few weeks.
Mr. KERRY. Mr. President, I rise to discuss an amendment offered by
my good friend from Louisiana, Senator Breaux. The amendment, which was
No. 339 and has been described as the moderates tax amendment, would
have reduced the size of the tax cut in the budget resolution from more
than $700 billion to $350 billion. I would like the record to reflect
exactly why it is that I voted for this amendment.
I voted for the amendment offered by Senator Breaux because it
presented our best chance to cut the size of the irresponsible tax cut
in this budget. Let me be clear, Mr. President, I do not support a $350
billion tax cut as part of this budget. Had the Breaux amendment
passed, I would have sought further reductions in the tax cut.
Today, America is at war in Iraq. We have troops in Afghanistan and
the Philippines. We are fighting to keep our homeland safe from
terrorism. We have pressing needs in health care, education, and other
areas. The Nation is running deficits. State and local governments are
in fiscal crisis. The economy is slumping. For these reasons, a $350
billion tax cut, just like a $700 billion tax cut, is wrong. Both
proposals will dump debt on our children. And the President's plan is
not only too big, but it unfairly favors the wealthiest among us over
working families.
I have filed at the desk an amendment to this budget that I believe
charts the right course. Consumer confidence is at its lowest level in
10 years. Some 300,000 Americans lost their jobs in February. State and
local governments are in trouble. Families and businesses are hurting.
We are running huge deficits, and we are at war.
Our economy needs help. Working families need help. But we shouldn't
be burdening future generations with more debt. My amendment provides
for a $150 billion tax cut for all Americans this year and next and it
is paid for in the outyears. It will stimulate our economy without
sticking our kids with the bill.
Without taking a dime out of Social Security or Medicare, we can give
every American worker a one-time payroll tax holiday of more than $750
that is far more than President Bush's tax plan. We could pass a
temporary job creation tax credit and help small businesses, all
without adding to the ``debt tax'' on future generations.
It we pass the budget now before us--if we pass the President's
plan--we will be spending our kids' money--and that is wrong. We need a
tax cut that goes to working people who will spend the money--and we
need a tax cut that is paid for. Let's do what is right and pass a real
stimulus package, and let us do what average Americans do: Let's pay
for it.
Mr. NICKLES. I yield 2\1/2\ minutes to the chairman of the Finance
Committee.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, obviously we need to be very bold in our
response to the flagging economy. It is our obligation to the folks who
sent us here. We need to respond. Both sides agree on that need, as do
the centrists led by Senators Breaux and Snowe. The question is a
difference of the size of the tax cut. I say be bold. We want American
businesses, small and large, to grow. We want every American who wants
a job to be able to get a job. We don't want to take any chances.
I understand the concerns of my friends from the centrist coalition.
They are worried about long-term deficits. I am as well. I am more
worried, though, about the spending side of the ledger. Senators Breaux
and Snowe have a long history of trying to secure bipartisan consensus.
We need more than $350 billion in tax relief to do the job the right
way.
Don't get me wrong. If $350 billion is the number, that is the number
that, as chairman of the Senate Finance Committee, I will work with.
The Finance Committee will develop the best package we can. My point
is, the Finance Committee can do more growth incentives with a number
above $350 billion.
There is a war going on. When those men and women come home from the
battlefield, we want a growing economy so that those folks will have
jobs.
Mr. BREAUX. Mr. President, I yield the remainder of my time to the
Senator from Ohio.
Mr. VOINOVICH. Mr. President, I want to share with my colleagues the
fact that the budget deficit for 2003 and 2004, including Social
Security and the cost of the war, is going to be over $500 billion.
Again, in 2003 and 2004, including Social Security, it will be a half
trillion dollars.
This amendment basically says the tax package will be at $350
billion. It also says if this Congress decides to go over $350 billion,
we ought to offset it either by cutting expenses or, in the
alternative, increasing other taxes that are less stimulative to the
economy, and paying for a tax reduction that is more stimulative to the
economy. It makes sense.
We are on the edge of a fiscal crisis in this country if we keep
going the way we are, particularly with the war that is hanging over us
today.
Mr. NICKLES. Mr. President, how much time remains?
The PRESIDING OFFICER. The Senator has 3 minutes 18 seconds.
Mr. NICKLES. Mr. President, I urge my colleagues to vote no on this
amendment. I have great respect for my colleagues from Louisiana and
Ohio, and the others who have sponsored the amendment. But it would
basically gut the President's growth package, cut it in half. The
actual tax cut would be $323 billion. We have an economy that is over
$10 trillion or $11 trillion per year. Estimated revenues over this
period of time are going to be $27 billion. If you want to make some
changes that really stimulate and grow the economy and create jobs, I
think the President has the proposal to do so. I am afraid that the
proposal that would have $323 billion just would not do it. When we
reduced the capital gains tax in 1997 from 28 to 20 percent, we created
a lot of growth. That was a positive thing to do.
The President has a good proposal to grow the economy as well. I urge
my colleagues to support the President and a real growth package that
would really create jobs.
Then, on the concern for deficit reduction, I heard some people say
it, but I don't see the votes showing the same conviction on deficit
reduction with all the add-ons that we have been looking at in the last
couple of days.
So I urge my colleagues to vote no on this amendment.
The PRESIDING OFFICER. Who yields time? There are 2 minutes 20
seconds remaining.
Mr. BREAUX. Mr. President, I will conclude my comments on this
amendment by saying I think those who are concerned about fiscal
discipline should be concerned about the state of the economy of this
country. We are at war. We are not at peace.
[[Page S4247]]
We do not have a surplus of $5.6 trillion as we had the last time we
did a major tax cut. We have no surplus at all. We are in deficit and
we are increasing the deficit by a huge amount of money at a time of
war and uncertainty in this country.
I think the conservative thing to do is be more careful with tax
cuts. They are great things politically, but they are not free; we have
to pay for them. We would be paying for it out of the deficit, and I
think that is a serious mistake. We need to be responsible, and this
amendment brings about a degree of responsibility that we all should be
able to support.
The PRESIDING OFFICER. Who yields time? The Senator from Oklahoma has
2 minutes and the Senator from Louisiana has--
Mr. BREAUX. I will not yield my time back. I have 2 other cosponsors
who would like to be heard.
I yield to the Senator from Maine.
Ms. SNOWE. I want to make a couple of points. This amendment is
straightforward, practical, prudent, proportional; it is a carefully
calibrated approach in terms of whether we can afford a certain size
growth plan. That is why we made the decision.
It wasn't a question of splitting the difference; it was a question
of making a distinction in terms of what constitutes a stimulus, what
we can afford to pay for, and what we cannot afford to pay for. That is
how I approached this amendment.
I think it is important that we think carefully if we want to provide
deficit financing for nonstimulative proposals. Finally, I should make
the point that we see deficits way into the future, until the year
2013, at a time in which we have to address Social Security and
Medicare. We cannot diminish our ability to address those critical
programs and the challenges they face.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Mr. President, I have two additional points: One, we have
never reduced taxes in a time of war. That is not the American way. We
do not reduce taxes in a time of war. I ask you to just look at the TV
screens. We are going to be over there for quite a while, in one way or
another.
Two, there are many ways to stimulate the economy, not only through
tax reductions. It is also by spending. We are spending dollars on
homeland security. I urge my colleagues to vote for this amendment.
Mr. NICKLES. Mr. President, most individuals in this body support
some size of growth package. A few were at zero, a few at $140 billion,
some $350 billion, and some are with the President's package, which is
$696 billion--$725 billion if you add refundables.
I yield time to Senator Allard.
The PRESIDING OFFICER. The Senator from Colorado is recognized.
Mr. ALLARD. Mr. President, I compliment the chairman of the Budget
Committee. He put together a very responsible budget that includes a
sizable tax cut--much more than the $350 billion that this amendment
talks about. He eliminates the deficit within the 10-year period. It
was a hard decision to make, but we need to cut taxes in order to
stimulate the economy, if we really want to have the revenues as we
move out in order to help pay for the war. We know that it is static
scoring.
The President has come up with a plan that will truly stimulate the
economy. I think the chairman of the Finance Committee has come up with
an equally effective plan. We need to support the tax cut.
Mr. NICKLES. I yield the remainder of my time to the Senator from New
Mexico.
Mr. DOMENICI. How much time is that, Mr. President?
The PRESIDING OFFICER. It is 40 seconds.
Mr. DOMENICI. I thank the Senator. First, I believe we have an
excellent budget. Frankly, we are charged with a lot of things that we
are going to try to do. Most important, we have to find something that
will stimulate this economy. I, frankly, believe the President has come
up with something very innovative, exciting, and it is apt to work;
that is, to change the longstanding double taxation of dividends.
Frankly, I am not sure we know how to stimulate this economy with
reference to tax cuts, but I do believe we know how to make this
economy work far better if we change that part of our Tax Code. I think
we should leave the tax numbers as they are and vote the amendment
down.
The PRESIDING OFFICER. The Senator's time has expired.
Amendment No. 386 to Amendment No. 339, As Modified
Mr. HARKIN. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Iowa [Mr. Harkin] proposes an amendment
numbered 386 to amendment number 339, as modified.
Mr. HARKIN. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To reduce the reconciliation instruction by $375 billion,
reduce the size of tax cuts allowed by $980 billion, and to reduce
deficits by $1.1 Trillion)
Strike all of the words after the words ``On Page 3,'' on
page 1, line 1 of the amendment and insert the following:
On Page 3, line 9, increase the number by $10,433,000,000.
On Page 3, line 10, increase the number by $23,015,000,000.
On Page 3, line 11, increase the number by $17,962,000,000.
On Page 3, line 12, increase the number by $19,206,000,000.
On Page 3, line 13, increase the number by $20,586,000,000.
On Page 3, line 14, increase the number by $23,299,000,000.
On Page 3, line 15, increase the number by $27,640,000,000.
On Page 3, line 16, increase the number by $34,036,000,000.
On Page 3, line 17, increase the number by
$169,271,000,000.
On Page 3, line 18, increase the number by
$264,611,000,000.
On Page 3, line 19, increase the number by
$290,654,000,000.
On Page 3, line 23, increase the number by $10,433,000,000.
On Page 4, line 1, increase the number by $23,015,000,000.
On Page 4, line 2, increase the number by $17,962,000,000.
On Page 4, line 3, increase the number by $19,206,000,000.
On Page 4, line 4, increase the number by $20,586,000,000.
On Page 4, line 5, increase the number by $23,299,000,000.
On Page 4, line 6, increase the number by $27,640,000,000.
On Page 4, line 7, increase the number by $34,036,000,000.
On Page 4, line 8, increase the number by $169,271,000,000.
On Page 4, line 9, increase the number by $264,611,000,000.
On Page 4, line 10, increase the number by
$280,654,000,000.
On Page 4, line 14, decrease the number by $77,000,000.
On Page 4, line 15, decrease the number by $718,000,000.
On Page 4, line 16, decrease the number by $1,974,000,000.
On Page 4, line 17, decrease the number by $3,226,000,000.
On Page 4, line 18, decrease the number by $4,552,000,000.
On Page 4, line 19, decrease the number by $6,016,000,000.
On Page 4, line 20, decrease the number by $8,757,000,000.
On Page 4, line 21, decrease the number by $9,871,000,000.
On Page 4, line 22, decrease the number by $15,921,000,000.
On Page 4, line 23, decrease the number by $29,249,000,000.
On Page 4, line 24, decrease the number by $44,298,000,000.
On Page 5, line 4, decrease the number by $77,000,000.
On Page 5, line 5, decrease the number by $718,000,000.
On Page 5, line 6, decrease the number by $1,974,000,000.
On Page 5, line 7, decrease the number by $3,226,000,000.
On Page 5, line 8, decrease the number by $4,552,000,000.
On Page 5, line 9, decrease the number by $6,016,000,000.
On Page 5, line 10, decrease the number by $8,757,000,000.
On Page 5, line 11, decrease the number by $9,871,000,000.
On Page 5, line 12, decrease the number by $15,921,000,000.
On Page 5, line 13, decrease the number by $29,249,000,000.
On Page 5, line 14, decrease the number by $44,298,000,000.
On Page 5, line 17, increase the number by $10,511,000,000.
On Page 5, line 18, increase the number by $23,733,000,000.
On Page 5, line 19, increase the number by $19,935,000,000.
On Page 5, line 20, increase the number by $22,432,000,000.
On Page 5, line 21, increase the number by $25,138,000,000.
On Page 5, line 22, increase the number by $29,675,000,000.
[[Page S4248]]
On Page 5, line 23, increase the number by $35,397,000,000.
On Page 5, line 24, increase the number by $43,907,000,000.
On Page 5, line 25, increase the number by
$185,184,000,000.
On Page 6, line 1, increase the number by $283,057,000,000.
On Page 6, line 2, increase the number by $335,542,000,000.
On Page 6, line 5, decrease the number by $10,511,000,000.
On Page 6, line 6, decrease the number by $34,344,000,000.
On Page 6, line 7, decrease the number by $55,179,000,000.
On Page 6, line 8, decrease the number by $76,661,000,000.
On page 6, line 8, decrease the amount by $101,849,000,000.
On page 6, line 9, decrease the amount by $131,064,000,000.
On page 6, line 10, decrease the amount by
$131,069,000,000.
On page 6, line 11, decrease the amount by
$166,641,000,000.
On page 6, line 12, decrease the amount by
$210,368,000,000.
On page 6, line 13, decrease the amount by
$395,559,000,000.
On page 6, line 14, decrease the amount by
$788,716,000,000.
On page 6, line 15, decrease the amount by
$1,014,358,000,000.
On page 6, line 18, decrease the amount by $10,511,000,000.
On page 6, line 19, decrease the amount by $34,244,000,000.
On page 6, line 20, decrease the amount by $54,179,000,000.
On page 6, line 21, decrease the amount by $76,611,000,000.
On page 6, line 22, decrease the amount by
$101,749,000,000.
On page 6, line 23, decrease the amount by
$131,064,000,000.
On page 6, line 24, decrease the amount by
$176,461,000,000.
On page 6, line 25, decrease the amount by
$210,368,000,000.
On page 7, line 1, decrease the amount by $395,589,000,000.
On page 7, line 2, decrease the amount by $739,316,000,000.
On page 7, line 3, decrease the amount by
$1,014,258,000,000.
On page 40, line 2, decrease the amount by $77,000,000.
On page 40, line 3, decrease the amount by $77,000,000.
On page 40, line 6, decrease the amount by $718,000,000.
On page 40, line 7, decrease the amount by $718,000,000.
On page 40, line 10, decrease the amount by $1,974,000,000.
On page 40, line 11, decrease the amount by $1,974,000,000.
On page 40, line 14, decrease the amount by $3,226,000,000.
On page 40, line 15, decrease the amount by $3,226,000,000.
On page 40, line 18, decrease the amount by $4,552,000,000.
On page 40, line 19, decrease the amount by $4,552,000,000.
On page 40, line 22, decrease the amount by $6,016,000,000.
On page 40, line 23, decrease the amount by $6,016,000,000.
On page 41, line 2, decrease the amount by $7,757,000,000.
On page 41, line 3, decrease the amount by $7,757,000,000.
On page 41, line 6, decrease the amount by $9,871,000,000.
On page 41, line 7, decrease the amount by $9,871,000,000.
On page 41, line 10, decrease the amount by
$15,921,000,000.
On page 41, line 11, decrease the amount by
$15,921,000,000.
On page 41, line 14, decrease the amount by
$28,546,000,000.
On page 41, line 15, decrease the amount by
$28,546,000,000.
On page 41, line 18, decrease the amount by
$44,888,000,000.
On page 41, line 19, decrease the amount by
$44,888,000,000.
On page 45, line 24, strike the amount and insert
$373,284,000,000.
Mr. HARKIN. I ask for 1 minute.
The PRESIDING OFFICER. Is there objection?
The Senator is recognized for 1 minute.
Mr. HARKIN. Mr. President, my amendment simply holds the size of the
tax cut to $350 billion. Any tax cuts beyond $350 billion would have to
be offset under my amendment or they would face a budget point of order
requiring 60 votes. Many colleagues may say, wait a minute, I thought
that was what the underlying amendment does. The underlying amendment
still allows for $940 billion in tax cuts in the future. It does reduce
down to $350 billion the amount of tax cut under reconciliation, but it
still allows for $600 billion more in tax cuts.
My amendment says $350 billion, and cap it at that. No more. Any tax
breaks beyond that would either have to be offset or it would require
60 votes to overcome a point of order. It is very simple. It is a cap
of $350 billion on tax cuts.
Mr. NICKLES. Mr. President, I ask unanimous consent to speak for 1
minute in opposition to the Harkin amendment.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. NICKLES. Mr. President, for the information of our colleagues, we
have had great cooperation on this bill. We have not had second-degree
amendments. We have tried to avoid them and be expeditious.
We have not seen this amendment. I do know the effect of this
amendment would be in the outyears we would be taking a 10-percent rate
and making it 15 percent. I do know in the outyears we would eliminate
the marriage penalty relief. I do know the effect of it would be reduce
the child tax credit from $1,000 to $500.
I urge my colleagues to vote in favor of a motion to table the Harkin
amendment. I make that motion.
Mr. HARKIN. I ask for the yeas and nays.
Mr. NICKLES. I make the motion to table the Harkin amendment.
The PRESIDING OFFICER. A motion has been made to table.
Mr. NICKLES. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion. The clerk will call the
roll.
The assistant legislative clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 58, nays 42, as follows:
[Rollcall Vote No. 75 Leg.]
YEAS--58
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hollings
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nelson (FL)
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NAYS--42
Akaka
Biden
Bingaman
Boxer
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
The motion was agreed to.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
339, as modified.
Mr. NICKLES. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 38, nays 62, as follows:
[Rollcall Vote No. 76 Leg.]
YEAS--38
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Cantwell
Carper
Conrad
Corzine
Daschle
Dayton
Dorgan
Edwards
Feingold
Graham (FL)
Inouye
Johnson
Kerry
Kohl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reid
Rockefeller
Sarbanes
Schumer
Snowe
Stabenow
Voinovich
Wyden
NAYS--62
Akaka
Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Byrd
Campbell
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dodd
Dole
Domenici
Durbin
Ensign
Enzi
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Jeffords
Kennedy
Kyl
[[Page S4249]]
Lautenberg
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Reed
Roberts
Santorum
Sessions
Shelby
Smith
Specter
Stevens
Sununu
Talent
Thomas
Warner
The amendment (No. 339), as modified, was rejected.
Mr. LOTT. Mr. President, I move to reconsider the vote.
Mr. CRAIG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, in our list of amendments that we are
working on, Senator Kennedy is next. I believe we will be able to work
that amendment out so we will not have to have a Gregg amendment as
well. We will pass on both of those and probably accept Senator
Kennedy's amendment as modified in just a moment.
The next amendment on our list will be an amendment by the Senator
from West Virginia, Senator Byrd.
Mr. President, can we have Senator Byrd's Amtrak amendment.
The PRESIDING OFFICER. It has not yet been sent to the desk.
Mr. NICKLES. Does the Senator from West Virginia have the amendment?
If not, we will find a copy of it.
Mr. BYRD. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. BYRD. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 387
Mr. BYRD. Mr. President, I have an amendment. I send the amendment to
the desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from West Virginia (Mr. Byrd) proposes an
amendment numbered 387.
(Purpose: To provide adequate funds for the National Railroad Passenger
Corporation (Amtrak))
On page 3, line 10, increase the amount by $912,000,000.
On page 4, line 1, increase the amount by $912,000,000.
On page 4, line 15, increase the amount by $912,000,000.
On page 5, line 5, increase the amount by $912,000,000.
On page 21, line 23, increase the amount by $912,000,000.
On page 21, line 24, increase the amount by $912,000,000.
On page 47, line 5, increase the amount by $912,000,000.
On page 47, line 6, increase the amount by $912,000,000.
Mr. BYRD. Mr. President, may we have order in the Senate?
The PRESIDING OFFICER. The Senate will come to order.
The Senator from West Virginia is recognized for 1 minute on his
amendment.
Mr. BYRD. Mr. President, the budget resolution currently before the
Senate cuts funding for Amtrak by almost 22 percent. There is no
question that this funding level will put Amtrak into bankruptcy during
the next fiscal year. We must not let that happen. The bipartisan
Amtrak board of directors has stated that Amtrak needs $1.8 billion
next year to operate all its trains and make a minimum level of capital
investment. That board includes several Republicans.
This amendment that I offer with Senator Lautenberg would fund Amtrak
at that $1.8 billion level. It is paid for by reducing the tax cut by
just $900 million for 1 year. We need to stop having our national
passenger railroad service just survive from one financial crisis to
the next. We need to allow the next president of Amtrak to continue to
reform Amtrak, rather than oversee its liquidation.
I encourage all Senators to save rail service in this country and
support this amendment.
Mr. SPECTER. Mr. President, I will vote in favor of the Byrd
amendment to the fiscal year 2004 budget resolution to increase
Amtrak's budget in fiscal year 2004 from $900 million to $1.8 billion
because this level of funding is critical for Amtrak's continued
operations next year. Without this additional funding, Amtrak would be
forced to entirely shut down its operations.
This amendment does not take funding from the President's $726
billion growth package. This additional $900 million is offset from the
$600 billion in tax cuts over the 10 years just as the $1.8 billion,
accepted by Senator Nickles, on the Kennedy amendment to add to the
Pell Grants.
I am committed to the specified tax cuts over the next 10 years and
there will be ample time to reallocate the $900 million for Amtrak as
well as the $1.8 billion for the Pell Grants.
The PRESIDING OFFICER. Who yields time in opposition? The Senator
from Oklahoma.
Mr. NICKLES. Mr. President, I urge our colleagues to vote no on this
amendment. I have the greatest respect for Senator Byrd and his support
of Amtrak. I happen to be a supporter of Amtrak. But the net essence of
this amendment would be to double the amount of money we have for
Amtrak. We proposed $900 million. That happens to be what the
Department of Transportation has requested. I remind our colleagues, a
few years ago we were going to say that Amtrak would not need subsidies
by this year.
If you look, this would more than double the amount of money. The
largest subsidy it has ever received was last year and that was because
of the supplemental, so to go from $490 million to 1.8 is more than
doubling the Federal subsidies to Amtrak. Right now the cost in some
cases from city to city exceeds that of air passenger service. I urge
my colleagues to vote no on the amendment.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
387.
Mr. BYRD. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second. The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 51, nays 49, as follows:
[Rollcall Vote No. 77 Leg.]
YEAS--51
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Chafee
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Snowe
Specter
Stabenow
Wyden
NAYS--49
Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
The amendment (No. 387) was agreed to.
Mr. BYRD. Mr. President, I move to reconsider the vote.
Mr. LAUTENBERG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Massachusetts.
Amendment No. 311, As Modified
Mr. KENNEDY. Mr. President, I call up amendment No. 311. I send a
modification to the desk and ask unanimous consent for its
consideration.
The PRESIDING OFFICER. Is there objection to modifying the amendment?
Without objection, it is so ordered.
The legislative clerk read as follows:
The Senator from Massachusetts [Mr. Kennedy], for himself
and Mr. Dodd, Mr. Daschle, Mr. Feingold, Mr. Bingaman, Mrs.
Murray, Mr. Reed, Ms. Cantwell, and Ms. Collins, proposes an
amendment numbered 311, as modified.
Mr. KENNEDY. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
[[Page S4250]]
(Purpose: To increase the maximum Pell Grant from $4,050 to $4,500 at a
cost of $1.8 billion and reduce the public debt by an additional $1.8
billion, both paid for by a reduction in the non-reconciliation tax
cut)
On page 3, line 10, increase the amount by $360,000,000.
On page 3, line 11, increase the amount by $1,404,000,000.
On page 3, line 2, increase the amount by $36,000,000.
On page 4, line 1, increase the amount by $360,000,000.
On page 4, line 2, increase the amount by $1,404,000,000.
On page 4, line 3, increase the amount by $36,000,000.
On page 4, line 15, increase the amount by $1,800,000,000.
On page 5, line 5, increase the amount by $360,000,000.
On page 5, line 6, increase the amount by $1,404,000,000.
On page 5, line 7, increase the amount by $36,000,000.
On page 25, line 16, increase the amount by $1,800,000,000.
On page 25, line 17, increase the amount by $360,000,000.
On page 25, line 21, increase the amount by $1,404,000,000.
On page 25, line 25, increase the amount by $36,000,000.
On page 47, line 5, increase the amount by $1,800,000,000.
On page 47, line 6, increase the amount by $360,000,000.
On page 47, line 15, increase the amount by $1,404,000,000.
Mr. KENNEDY. Mr. President, I have offered this amendment on behalf
of myself, Senators Dodd, Daschle, Feingold, Bingaman, Murray, Reed,
Cantwell, and Collins. This amendment increases the maximum Pell grant
by $500 at a total cost of $1.8 billion. It pays for those changes by
reducing the nonreconciliation tax cut by $1.8 billion. If we do not
accept this amendment, there will be 110,000 young people who are
attending colleges who will lose their Pell grants. With the acceptance
of this amendment, there will be more than 200,000 new Pell grant
recipients, and it will help immeasurably the 4.9 million Pell grant
recipients who come from families who average $15,000 in income.
Among the education community and students, there is broad-
based support for increasing the maximum Pell grant. The
following groups have stated their support:
American Council on Education.
National Association of Independent Colleges and
Universities.
American Association of State Colleges and Universities.
American Association of Community Colleges.
United Negro College Fund.
Coalition of Higher Education Organizations.
Unites States Public Interest Research Group.
United States Students' Association.
The National Association of State Universities and Land
Grant Colleges.
National Association of Community College Trustees.
Student Aid Alliance--an umbrella group of over 60 higher
education organizations which includes the groups I just
mentioned, as well as: American Association of Colleges of
Nursing, American Association of Colleges of Pharmacy,
American Association of Colleges for Teacher Education,
American Association of College Registrars and Admissions
Officers, American Association for Higher Education, American
Association of University Professors, American College
Personnel Association, American College Testing, American
Dental Education Association, American Indian Higher
Education Consortium, American Jewish Congress, American
Psychological Association, American Society for Engineering
Education, American Student Association of Community
Colleges, APPA: The Association of Higher Education
Facilities Officers, Association of Academic Health Centers,
Association of Advanced Rabbinical and Talmudic Schools,
Association of American Law Schools, Association of American
Medical Colleges, Association of Governing Boards of
Universities and Colleges, Association of Jesuit Colleges and
Universities, Career College Association, Citizen's
Scholarship Foundation of America, Coalition of Higher
Education Assistance Organizations, College and University
Personnel Association for Human Resources, College Board,
College Parents of America, Council for Advancement and
Support of Education, Council for Christian Colleges and
Universities, Council on Government Relations, Council of
Graduate Schools, Council for Higher Education Accreditation,
Council of Independent Colleges, Council for Opportunity in
Education, Educational Testing Service, Hispanic Association
of Colleges and Universities, Lutheran Educational Conference
of North America, NAFSA: Association of International
Educators, National Association for College Admission
Counseling, National Association of College and University
Business Officers, National Association for Equal Opportunity
in Higher Education, National Association of Graduate and
Professional Students, National Association of State Student
Grant and Aid Programs, National Association of Student
Financial Aid Administrators, National Association of Student
Personnel Administrators, National College Access Network,
National Collegiate Athletic Association, National Council of
University Research Administrators, National Education
Association, NAWE: Advancing Women in Higher Education,
University Continuing Education Association, and the Women's
College Coalition.
Mr. President, I ask unanimous consent that some of the letters from
these organizations in support of this amendment and in support of
increasing the maximum Pell grant be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Committee for
Education Funding,
Washington, DC, March 19, 2003.
Member,
House of Representatives,
Washington, DC.
Dear Representative: The Committee for Education Funding, a
nonpartisan coalition of 110 organizations reflecting the
broad spectrum of the education community, strongly urges you
to vote against passage of the House FY04 Budget Resolution,
H. Con. Res. 95, reported out by the Budget Committee on
March 12, 2003 and support amendments that restore cuts and
increase education investment substantially. The Budget
Resolution assumes a cut of 3 percent below the President's
already low request for discretionary spending for education
and related programs in Function 500, which includes vital
funding for No Child Left Behind, students with disabilities,
higher education, research, Head Start, and adult, vocational
and technical education, and libraries. It also assumes
terminating 46 important education programs totaling $1.6
billion. Moreover, it calls for a draconian cut of $9.7
billion over ten years for mandatory education spending on
critical programs such as school lunch and student loans.
The budget resolution is especially objectionable in light
of the urgent fiscal crisis in education resources at the
state level; the escalating costs of federal standards and
accountability requirements on elementary and secondary
schools; and the explosion of enrollments of low-income
postsecondary students. The federal commitment to education
is now more crucial than ever to carry out school reform and
ensure access to higher education for millions of students.
Again, we urge you to vote against the House Budget
Resolution and support amendments that restore education cuts
and make substantial increased education investments to move
education from the current 2.8 cents on the federal budget
dollar toward at least five cents and strengthen our economic
and national security and the quality of education for all of
America's students. Finally, we ask you to oppose amendments
that increase funding for one education program by cutting
another education program. Thank you for your support of
education.
Sincerely,
Dan Fuller,
President.
Edward R. Kealy,
Executive Director.
____
Student Aid Alliance,
Washington, DC, March 19, 2003.
Re: support Kennedy-Dodd amendment on Pell grants.
Dear Senator: On behalf of the Student Aid Alliance--a
coalition of over 60 higher education organizations
representing students, parents, college presidents, financial
aid administrators and others--we write to urge you to
support an amendment to the FY 2004 Budget Resolution that
will increase the Federal Pell Grant maximum grant by $450 to
$4,500.
Should the funding of the Pell Grants increase by $1.8
billion, as proposed in the amendment, more low-income and
first-generation students can pursue their higher education
dreams. Many of these students are consumed with worry that
the poor performance of the economy has seriously jeopardized
their hope of college attendance. They are right to worry.
Their concerns have a documented basis in fact: data from the
Department of Education show that qualified low-income
students are still only half as likely to enroll in a four-
year institution.
The federal government's investment in student financial
aid is less than one percent of federal spending, but as
states continue to pull away from providing resources to the
needy students, and as more students choose to pursue a
college education, federal funding becomes even more
essential.
Finally, the consequences of the Pell Grant amendment on
the federal budget are negligible, but its consequences for
the students in your state are significant. For them, it may
mean the difference between going to college or not, or
staying in college or not.
We strongly urge you to vote in favor of this important
amendment.
Sincerely,
David Ward,
Co-Chair.
David Warren,
Co-Chair.
[[Page S4251]]
____
Association of Jesuit
Colleges & Universities,
Washington, DC, March 19, 2003.
Hon. Edward Kennedy,
U.S. Senate,
Washington, DC
Dear Senator Kennedy: On behalf of the Association of
Jesuit Colleges and Universities (AJCU) and the twenty-eight
institutions of higher education that we represent, I write
in support of the Kennedy-Dodd Budget Amendment to increase
the Pell grant maximum from $4,050 to $4,500 in FY04.
All of our Jesuit colleges and universities have been hard-
pressed to meet the critical increase of over 25% in Pell
eligible students over the past two years. Within one year,
our 28 institutions had to increase the amount of
institutional aid given to needy students by 10% to
accommodate declining federal dollars. Institutional aid
ranks as the highest funding category for our students at 47%
on average, and federal aid dollars including Pell grants and
campus-based aid programs totals 44%, while only 9% of aid
originates from the states. Some of our institutions have
been quite dependent upon state aid, but, because of the
burgeoning state budget crisis, students have lost aid. For
example, $1 million was cut in grant aid from the Illinois
Grant Aid program for Loyola Chicago University students.
Given the combination of state budget crisis and limited
federal dollars, students are increasing loan debts, while
institutions are increasing institutional aid. For many small
and medium-sized institutions these institutional increases
are straining the very financial fiber and well being of
these colleges.
The economy has played another factor not only in
diminishing college and university endowments, but, also in
trying to raise endowment funding. Parents are really hard
pressed because their savings have declined and their
contributions have diminished substantially. Thus, the
recession not only has impacted federal and state budgets,
but also college and university budgets and in particular,
parent's and student's budgets.
The Pell grant program remains the foundation program for
providing more access for more students of need to secure a
postsecondary education. Pell grants serve the neediest
students across the country and open doors for many first
generation students to pursue their dreams. Given the complex
times that we live in, our primary purpose should always be
to educate the best-educated populace in the world. An
America that offers equal opportunity to those who are less
affluent than others and who desperately want to contribute
back to society. Thank you for your leadership in introducing
this critical amendment. Our students are counting on your
continued advocacy.
Charles L. Currie, SJ,
President.
Mr. KENNEDY. I have talked to the floor manager of the bill, and I
hope he will be willing to accept it.
The PRESIDING OFFICER. Who yields time?
Mr. NICKLES. Mr. President, I appreciate the modification that my
friend and colleague, Senator Kennedy, made to this amendment. We have
no objection to it.
The PRESIDING OFFICER. Is there further debate on the amendment?
The question is on agreeing to amendment No. 311, as modified.
The amendment (No. 311), as modified, was agreed to.
Mr. KENNEDY. Mr. President, I move to reconsider the vote.
Mr. NICKLES. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. NICKLES. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. NICKLES. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NICKLES. I believe under the order that was established, Senator
Biden is next up to offer an amendment.
The PRESIDING OFFICER. The Senator from Delaware is recognized.
Mr. BIDEN. I have a modified version of amendment No. 278 that I will
send to the desk with a list of cosponsors.
Mr. NICKLES. If the Senator will yield, I don't know that I have seen
that modification. We are trying to clear these first.
Mr. BIDEN. I believe the modification has been cleared by staff. I
may be mistaken.
Mr. NICKLES. Mr. President, I inquire of the Senator, is it No. 278
or No. 273?
Mr. BIDEN. Amendment No. 278.
Mr. NICKLES. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. NICKLES. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NICKLES. Mr. President, I believe the Senator from Delaware has
an amendment.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. BIDEN. Parliamentary inquiry: Is my modification at the desk?
The PRESIDING OFFICER. It is not.
Amendment No. 278, As Modified
Mr. BIDEN. Mr. President, I send a modification to the desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Delaware [Mr. Biden], for himself, Mr.
Schumer, Mrs. Clinton, Mr. Kerry, Mr. Rockefeller, Mr.
Sarbanes, Mr. Johnson, Mr. Lautenberg, Mr. Dayton, Mr.
Lieberman, Mr. Leahy, Mrs. Murray, Mr. Bayh, Mr. Corzine, Mr.
Bingaman, Mr. Pryor, Ms. Cantwell, Mr. Kohl, Mr. Durbin, Mr.
Jeffords, Ms. Mikulski, Mr. Reid, Ms. Stabenow, Mr. Nelson of
Nebraska, Mrs. Feinstein, and Mr. Graham of Florida, proposes
an amendment numbered 278, as modified.
The PRESIDING OFFICER. Is there objection to the modification?
Without objection, the amendment is modified.
The amendment, as modified, is as follows:
On page 3, line 10, increase the amount by $240,000,000.
On page 3, line 11, increase the amount by $560,000,000.
On page 3, line 12, increase the amount by $500,000,000.
On page 3, line 13, increase the amount by $700,000,000.
On page 4, line 1, increase the amount by $240,000,000.
On page 4, line 2, increase the amount by $560,000,000.
On page 4, line 3, increase the amount by $500,000,000.
On page 4, line 4, increase the amount by $700,000,000.
On page 4, line 15, increase the amount by $998,000,000.
On page 4, line 16, decrease the amount by $13,000,000.
On page 4, line 17, decrease the amount by $28,000,000.
On page 4, line 18, decrease the amount by $46,000,000.
On page 4, line 19, decrease the amount by $58,000,000.
On page 4, line 20, decrease the amount by $62,000,000.
On page 4, line 21, decrease the amount by $65,000,000.
On page 4, line 22, decrease the amount by $69,000,000.
On page 4, line 23, decrease the amount by $73,000,000.
On page 4, line 24, decrease the amount by $76,000,000.
On page 5, line 5, increase the amount by $118,000,000.
On page 5, line 6, increase the amount by $267,000,000.
On page 5, line 7, increase the amount by $222,000,000.
On page 5, line 8, increase the amount by $304,000,000.
On page 5, line 9, decrease the amount by $58,000,000.
On page 5, line 10, decrease the amount by $62,000,000.
On page 5, line 11, decrease the amount by $65,000,000.
On page 5, line 12, decrease the amount by $69,000,000.
On page 54, line 13, decrease the amount by $73,000,000.
On page 5, line 14, decrease the amount by $76,000,000.
On page 5, line 18, increase the amount by $122,000,000.
On page 5, line 19, increase the amount by $293,000,000.
On page 5, line 20, increase the amount by $278,000,000.
On page 5, line 21, increase the amount by $396,000,000.
On page 5, line 22, increase the amount by $58,000,000.
On page 5, line 23, increase the amount by $62,000,000.
On page 5, line 24, increase the amount by $65,000,000.
On page 5, line 25, increase the amount by $69,000,000.
On page 6, line 1, increase the amount by $73,000,000.
On page 6, line 2, increase the amount by $76,000,000.
On page 6, line 6, decrease the amount by $122,000,000.
On page 6, line 7, decrease the amount by $415,000,000.
On page 6, line 8, decrease the amount by $693,000,000.
On page 6, line 8, decrease the amount by $1,089,000,000.
On page 6, line 10, decrease the amount by $1,148,000,000.
On page 6, line 11, decrease the amount by $1,210,000,000.
On page 6, line 12, decrease the amount by $1,275,000,000.
[[Page S4252]]
On page 6, line 13, decrease the amount by $1,344,000,000.
On page 6, line 14, decrease the amount by $1,416,000,000.
On page 6, line 15, decrease the amount by $1,493,000,000.
On page 6, line 19, decrease the amount by $122,000,000.
On page 6, line 20, decrease the amount by $415,000,000.
On page 6, line 21, decrease the amount by $693,000,000.
On page 6, line 22, decrease the amount by $1,089,000,000.
On page 6, line 23, decrease the amount by $1,148,000,000.
On page 6, line 24, decrease the amount by $1,210,000,000.
On page 6, line 25, decrease the amount by $1,275,000,000.
On page 7, line 1, decrease the amount by $1,344,000,000.
On page 7, line 2, decrease the amount by $1,416,000,000.
On page 7, line 3, decrease the amount by $1,493,000,000.
On page 36, line 15, increase the amount by $1,000,000,000.
On page 36, line 16, increase the amount by $120,000,000.
On page 36, line 20, increase the amount by $280,000,000.
On page 36, line 24, increase the amount by $250,000,000.
On page 37, line 3, increase the amount by $350,000,000.
On page 40, line 6, decrease the amount by $2,000,000.
On page 40, line 7, decrease the amount by $2,000,000.
On page 40, line 10, decrease the amount by $13,000,000.
On page 40, line 11, decrease the amount by $13,000,000.
On page 40, line 14, decrease the amount by $28,000,000.
On page 40, line 15, decrease the amount by $28,000,000.
On page 40, line 18, decrease the amount by $46,000,000.
On page 40, line 19, decrease the amount by $46,000,000.
On page 40, line 22, decrease the amount by $58,000,000.
On page 40, line 23, decrease the amount by $58,000,000.
On page 41, line 2, decrease the amount by $62,000,000.
On page 41, line 3, decrease the amount by $62,000,000.
On page 41, line 6, decrease the amount by $65,000,000.
On page 41, line 7, decrease the amount by $65,000,000.
On page 41, line 10, decrease the amount by $69,000,000.
On page 41, line 11, decrease the amount by $69,000,000.
On page 41, line 14, decrease the amount by $73,000,000.
On page 41, line 15, decrease the amount by $73,000,000.
On page 41, line 18, decrease the amount by $76,000,000.
On page 41, line 19, decrease the amount by $76,000,000.
On page 47, line 5, increase the amount by $1,000,000,000.
On page 47, line 6, increase the amount by $120,000,000.
On page 47, line 15, increase the amount by $280,000,000.
On page 79, after line 22, add the following:
SEC. 308. FUNDING FOR DEPARTMENT OF JUSTICE COMMUNITY
ORIENTED POLICING SERVICES PROGRAMS.
(a) Findings.--The Senate finds that--
(1) State and local law enforcement officers provide
essential services that preserve and protect our freedom and
safety;
(2) with the support of the Community Oriented Policing
Services program (referred to in this section as the ``COPS
program''), State and local law enforcement officers have
succeeded in dramatically reducing violent crime;
(3) the COPS program is the only program in the Federal
government that provides homeland security resources directly
to law enforcement first responders;
(4) on July 15, 2002, the Attorney General stated, ``Since
law enforcement agencies began partnering with citizens
through community policing, we've seen significant drops in
crime rates. COPS provides resources that reflect our
national priority of terrorism prevention.'';
(5) On February 26, 2002, the Attorney General stated,
``The COPS program has been a miraculous sort of success.
It's one of those things that Congress hopes will happen when
it sets up a program.'';
(6) the Federal Bureau of Investigation's Assistant
Director for the Office of Law Enforcement Coordination has
stated, ``The FBI fully understands that our success in the
fight against terrorism is directly related to the strength
of our relationship with our State and local partners.'';
(7) as a result of the COPS program, State and local law
enforcement agencies have received funds for more than
117,000 officers, 87,300 of whom are on the beat, fighting
crime, and improving the quality of life in our neighborhoods
and schools;
(8) the COPS program has assisted in advancing community
policing nationwide;
(9) 86 percent of the Nation is served by a law enforcement
agency that has full-time officers engaged in community
policing activities;
(10) the continuation and full funding of the COPS program
through fiscal year 2009 is supported by several major law
enforcement organizations, including--
(A) the International Association of Chiefs of Police;
(B) the International Brotherhood of Police Officers;
(C) the Fraternal Order of Police;
(D) the National Sheriffs' Association;
(E) the National Troopers Coalition;
(F) the Federal Law Enforcement Officers Association;
(G) the National Association of Police Organizations;
(H) the National Organization of Black Law Enforcement
Executives;
(I) the Police Executive Research Forum; and
(J) the Major Cities Chiefs;
(11) several studies have concluded that the implementation
of community policing as a law enforcement strategy is an
important factor in the reduction of crime in our
communities;
(12) Congress appropriated $1,050,000,000 for the COPS
program for fiscal year 2002 and $928,900,000 for fiscal
2003; and
(13) the President requested $164,000,000 for the COPS
program for fiscal year 2004, $886,000,000 less than the
amount appropriated for fiscal year 2002.
(b) Sense of the Senate.--It is the sense of the Senate
that the levels in this resolution assume that an increase of
$1,000,000,000 for fiscal year 2004 for the Department of
Justice's community oriented policing program will be
provided without reduction and consistent with previous
appropriated and authorized levels.
The PRESIDING OFFICER. There will be 2 minutes equally divided on
each side. The Senator from Delaware.
Mr. BIDEN. Mr. President, the COPS Program: $163 million. This
amendment will take it up to what it has historically been for the last
8 or 9 years, about $1.16 billion. At the time we are cutting back FBI
agents, we have cut the violent crime task forces, FBI agents no longer
do interstate bank robbery, car thefts, et cetera. All local
municipalities are in a hole. Everyone is in trouble. Deficits are
high. We are worried about terrorism. The first guy who is going to run
across a Bin Laden-type figure is not one wearing night vision goggles
with the Special Forces. It could be a cop.
We are cutting back on homeland defense, local law enforcement. There
has been an 83-percent cut from the COPS level we just approved in the
omnibus bill just weeks ago. This will provide for 4,400 more cops at
the very time--think about this--the entire FBI is 11,000 FBI agents.
We are talking about adding 4,400 cops.
The COPS Program has worked. No one has a cogent argument as to why
it has not worked. I urge adoption of the amendment.
The PRESIDING OFFICER. The Senator's time has expired. Who yields
time in opposition? The Senator from Oklahoma.
Mr. NICKLES. Mr. President, in function 750, which includes a lot of
programs for local law enforcement, we have a 29-percent increase. The
Senator's amendment would add an additional $1 billion on top of that.
I urge my colleagues to vote no. I yield to the Senator from New
Hampshire the remainder of our time.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mr. GREGG. Mr. President, the COPS Program was designed to put
100,000 new police officers on the street. We have, in fact, put
110,000 new police officers on the street.
In addition, the program has been replaced in large part by the huge
amount of increases that are going into the First Responder Program,
into the Byrne grant, into the LEA grant, and into the local law
enforcement effort overall. We are dramatically increasing money in
these accounts.
To continue a program that was supposed to fade out is totally
inappropriate when we are already expanding the spending in these
accounts by significant amounts.
Mr. DOMENICI. Does the Senator have time to answer a question?
Mr. GREGG. I have no idea.
The PRESIDING OFFICER. Time has expired.
Mr. DOMENICI. I ask unanimous consent that the Senator from New
Hampshire be permitted to answer one question.
The PRESIDING OFFICER. Is there objection?
Mr. BIDEN. Reserving the right to object, if I can have equal time.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from New Hampshire.
[[Page S4253]]
Mr. DOMENICI. Have the budget rules changed? Is there some way that
the Senator from New Hampshire can offer an amendment that will, in
fact, increase the budget so the COPS Program will be paid for?
Mr. GREGG. The Senator knows the budget rules much better than I do.
I think his answer is rhetorical, and the answer is no.
Mr. DOMENICI. That is correct. This amendment would not add to COPS.
It will add to the budget.
Mr. GREGG. That is correct.
The PRESIDING OFFICER. The Senator from Delaware is recognized for 20
seconds.
Mr. BIDEN. Mr. President, this takes $2 billion out of the tax cut.
It provides $1 billion for COPS, and $1 billion for reduction of the
deficit.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
278, as modified.
Mr. CONRAD. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 48, nays 52, as follows:
[Rollcall Vote No. 78 Leg.]
YEAS--48
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden
NAYS--52
Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
The amendment (No. 278), as modified, was rejected.
Mr. NICKLES. Mr. President, we are making progress. I inform our
colleagues, Senator Conrad and I have had members inquiring how much
longer are we going to stay. We are staying until we complete the bill.
I urge Members not to generate amendments. We are trying to deal with
them and we are trying to accommodate Members as much as we can.
Sometimes we have had three or four amendments on one subject matter. I
hope that does not continue.
The next amendment to be considered is the amendment from the Senator
from South Carolina, the Hollings amendment.
The PRESIDING OFFICER. The Senator from South Carolina.
Amendment No. 343, as Modified
Mr. HOLLINGS. Mr. President, the amendment is at the desk as
modified.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from South Carolina [Mr. Hollings], for
himself, and Mrs. Boxer, Mr. Sarbanes, Mrs. Feinstein, Mr.
Graham of Florida, Mr. Byrd, Mr. Lieberman, and Mr. Corzine,
proposes an amendment numbered 343, as modified.
Mr. HOLLINGS. I ask unanimous consent reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 343), as modified, as is follows:
On page 4, line 15, increase the amount by $1,000,000,000.
On page 4, line 16, increase the amount by $1,000,000,000.
On page 5, line 5, increase the amount by $314,000,000.
On page 5, line 6, increase the amount by $634,000,000.
On page 5, line 7, increase the amount by $535,000,000.
On page 5, line 8, increase the amount by $336,000,000.
On page 5, line 9, increase the amount by $153,000,000.
On page 5, line 10, increase the amount by $31,000,000.
On page 21, line 23, increase the amount by $850,000,000.
On page 21, line 24, increase the amount by $201,000,000.
On page 22, line 2, increase the amount by $850,000,000.
On page 22, line 3, increase the amount by $484,000,000.
On page 22, line 7, increase the amount by $497,000,000.
On page 22, line 11, increase the amount by $336,000,000.
On page 22, line 15, increase the amount by $153,000,000.
On page 22, line 19, increase the amount by $31,000,000.
On page 36, line 15, increase the amount by $150,000,000.
On page 36, line 16, increase the amount by $113,000,000.
On page 36, line 19, increase the amount by $150,000,000.
On page 36, line 20, increase the amount by $150,000,000.
On page 36, line 24, increase the amount by $30,000,000.
On page 42, line 2, decrease the amount by $1,000,000,000.
On page 42, line 3, decrease the amount by $.314,000,000
On page 42, line 6, decrease the amount by $1,000,000,000.
On page 42, line 7, decrease the amount by $684,000,000.
On page 42, line 11, decrease the amount by $535,000,000.
On page 42, line 15, decrease the amount by $336,000,000.
On page 42, line 19, decrease the amount by $133,000,000.
On page 42, line 23, decrease the amount by $31,000,000.
Mr. HOLLINGS. On behalf of Senators Graham of Florida and South
Carolina, Senators Byrd, Lieberman, Corzine, Schumer, Murray, Biden,
and others, this amendment is to fund the port security provisions that
we passed unanimously through the Senate. We had funding at that time.
The House would not agree and the law is there. The responsibility and
the unfunded mandate is there upon the States. Now they have no
emergency dollars and it is an emergency situation.
We have to have $1 billion this year and $1 billion next year. I
wanted to first take the money from the tax cuts. That was not going to
work, and then I was going to remove the caps and I retreated to the
920 offset. We are in a desperate situation. We have to have the money.
Last Congress, we passed the Maritime Transportation Security Act of
2002. This landmark bill reflects the first time that the federal
government has imposed security requirements on U.S. ports since World
War II.
People do not ordinarily think about what happens at our ports. They
take for granted that goods from all over the world are transported
through our ports at minimal cost. However, this system is in jeopardy
because security has never been part of the equation, and for the first
time, we are requiring shipments to not only be efficient, but
efficient and secure. The current situation leaves us in jeopardy,
because Al Qaeda could use one of the millions of marine containers
that are shipped into the U.S. to carry a dirty bomb, they could also
take over an oil tanker and use it as a weapon to attack our coastal
cities.
The bill we passed last year, the Maritime Transportation Security
Act, sets the stage for protecting our nation, and for protecting our
homeland. Last year, when we were considering this measure, Senate
conferees insisted that we needed a commitment to fund the important
requirements and mandates of this act. But until now we have not agreed
on how to fund this measure. We implored the administration to come up
with their own plan to help us address the vital need to secure our
ports and points inland from maritime attack, but they sat on the
sidelines.
Faced with that inaction, we pushed our colleagues in the House to
require user fees on cargo shippers, and on ships, in order to provide
funds for security equipment and programs, and to help our first
responders plan how they might counteract any attacks. But our friends
in the House, primarily those at the Ways and Means Committee, said
that it was not a user fee. When we convinced them that it was, they
then said that revenues had to originate in the House. After that we
said okay, you pass the bill on the House side, and then we will pass
your bill in the Senate. Yet the goal post moved further away once
again, when the house said that they couldn't agree on any user
[[Page S4254]]
fee at all, and that the federal government should pay for port
security in the budget. In the end, it was more important to pass the
maritime security bill, and to impose the security mandates, so we
required the Administration to submit their plans for funding port
security to Congress within 6 months. Well, this years' budget proposes
not one penny for port security!
As required by the MTSA, the Coast Guard has begun to survey security
at U.S. ports, and preliminary estimates are that we will need 4.8
billion dollars to comply with the mandates. According to a ``Maritime
Security Notice'' in the Federal Register of December 30, 2002, the
total costs of implementing security in our seaports will reach $6
billion over the next ten years. The first year cost will be $1.4
billion. The costs are broken down by USCG as follows:
Vessel security: $1.1 billion over ten years,
Facility security: $4.4 billion over ten years,
Port Security Plans and Committees: $477 million over ten years.
This funding is crucial to the security of our homeland. A recent
port security terrorism simulation was conducted by federal, state, and
private sector experts to examine the consequences of a seaport attack.
Their conclusions were stunning. The simulation indicated that within
twenty days of an attack through U.S. seaports, the New York Stock
Exchange would halt trading on the Exchange because of restated
earnings estimates and shareholder panic. Retailers and manufacturers
would be crippled by our inability to reopen U.S. ports so that their
inventories could be replenished.
Last year, U.S. ports on the west coast were temporarily closed
because of labor strikes, economists estimate that this closure cost
our economy over two billion dollars a day. And, while we are spending
billions of dollars each year to figure out how to shoot missiles out
of the sky, we are spending practically nothing to protect against a
weapon simply being put into a marine container, and shipped to the
United States at a cost of less than three thousand dollars.
The economic impact of the closure of just the west coast ports pales
in comparison to the economic devastation that would be the reaction to
a dirty bomb imported in a container through the Port of Charleston or
Philadelphia, or an intentional ship collision with an oil facility
along the Houston ship channel, or the scuttling of a vessel blocking
the Mississippi River maritime highway. Many Members are from States
that would be directly impacted by a maritime terrorist event, and all
will be effected by the economic fallout. As demonstrated by the port
security simulation, a terrorist event will force the closure of every
port in the country, potentially causing the destruction of our
economic system before the ports could be cleared and reopened.
Currently, we are only inspecting two percent of containers entering
the U.S. We need to do better. The consequences are just to great to
not provide the badly needed funds to upgrade port security.
For example, Tuesday, with the existing military situation and
homeland security threat level at ``high,'' the State of South Carolina
has been forced to supplement the existing security at the Port of
Charleston, and at nuclear power plants, by deputizing and reassigning
400 probation and parole officers. This extra security should be
available from security professionals trained in transportation
security, but these professionals are not available because we are not
doing what is needed to secure our ports.
A failure in securing our ports from attack, will result in a
catastrophic attack on our economy, and ultimately on the strength of
our nation. We currently do not have an adequate security system at our
ports, and there has not been any sign from the Administration that
they will secure our seaports in the future. The Coast Guard, Customs
and Transportation Security Administration are doing their best, but
unless they are given the tools and the funding to help our ports and
cities employ the security that we need, we will be defenseless from a
catastrophic attack. In order to provide this critical funding I am
proposing an amendment to the Senate budget resolution.
The amendment would add $1 billion annually, for seaport security
needs, over the next two years. In order to pay for the amendment, the
tax cut would be reduced by $2 billion. The one billion, per year,
could be spent consistent with the Maritime Transportation Security Act
of 2002, as follows: Maritime Administration, $610 million; $450
million, for grants to ports and waterfront facilities to help ensure
compliance with federally approved security plans; $150 million; for
grants to states, local municipalities and other entities to help
comply with federal area security plans and to provide grants to
responders for port security contingency response; $10 million, to be
used in conjunction with the Federal Law Enforcement Training Center to
help develop a seaport security training curriculum to provide training
to federal and state law enforcement personnel, and to certify private
security personnel working at seaports.
Coast Guard, $160 million; $50 million, for port security
assessments; $50 million, for the establishment and operation of multi-
agency task force to coordinate and evaluate maritime information in
order to identify and respond to security threats; $40 million, to help
implement the Automated Identification System, AIS, and other tracking
systems designed to actively track and monitor vessels operating in
U.S. waters; $20 million, for additional Coast Guard port security
vessels.
The Border and Transportation Security Directorate, $230 million,
$100 million, to Customs for the installation of screening equipment,
and to be used to help develop new technologies to help develop and
prototype screening and detection equipment at U.S. ports; $100
million, to TSA and Customs; $50 million each, to evaluate and
implement cargo security programs; $30 million, for the Transportation
Security Administration, TSA, to develop and implement the
Transportation Worker ID Card, and to conduct criminal background
checks of transportation workers who work in secure areas or who work
with sensitive cargo or information.
I thank the distinguished chairman for his agreement. We could voice-
vote to save time.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. I thank my friends and colleagues, Senator Hollings and
Senator Graham of South Carolina, for their willingness to work with us
to modify the amendment. We are happy to accept the amendment. That
will eliminate two rollcall votes.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
343, as modified.
The amendment (No. 343), as modified, was agreed to.
Mr. HOLLINGS. I move to reconsider the vote.
Mr. NICKLES. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 358
Mr. NICKLES. I believe the next amendment will be offered by the
Senator from Missouri, Senator Bond.
Mr. BOND. Mr. President, I call up amendment numbered 358.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Missouri [Mr. Bond], for himself, and Mr.
Reid, Mr. Inhofe, Mr. Jeffords, Mr. Shelby, Mr. Sarbanes, Mr.
Byrd, Mrs. Murray, Mr. Chafee, Mr. Warner, Mr. Specter, Ms.
Murkowski, Mr. Lott, Ms. Collins, Mr. Reed, Mrs. Feinstein,
Mr. Levin, and Mr. Brownback, proposed an amendment numbered
358.
Mr. BOND. I ask unanimous consent reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. BOND. Mr. President, there are stark needs for highways and
transportation systems. The red column the President recommended, the
green column across the chart shows what this budget proposes, and the
budget before us proposes essentially flat funding for the next 6
years. The administration itself said the needs just to maintain
highways are at this yellow line, which is way above.
Our amendment simply raises spending for highways over the 6 years to
$255 billion and mass transit to $56.5,
[[Page S4255]]
using dollars previously paid into the highway trust fund by highway
users, and other items that have been identified by the President and
the Budget Committee, such as transferring 2.5 cents for ethanol into
the highway user funds.
Investing in highways and transportation is the best immediate
stimulus we can have to the economy, creating jobs, and lowering
highway deaths. I urge the support of my colleagues.
Mr. KENNEDY. Mr. President, I commend my colleagues for their
leadership on this bipartisan amendment to increase the level of
Federal investment in transportation by over 40 percent in the next 6
years.
This amendment will enable the Environment and Public Works Committee
and the Banking Committee to write their Transportation Equity Act for
the 21st century, TEA-21, reauthorization proposals with adequate
funding, and I urge my colleagues to support it.
Maintaining an integrated, efficient, and safe transportation system
is one of the most important things we can do to get this faltering
economy moving again. It is essential for maintaining the strength of
our cities, and for promoting the growth of commerce and trade.
Of all the economic growth proposals that we will consider this year,
few will produce a greater bang for the buck than increased Federal
investment in the Nation's transit and highway system. According to the
Department of Transportation, every $1 billion in surface
transportation investment creates 47,500 jobs. With an economy losing
300,000 jobs each month, we cannot afford to ignore the job-creating
power of transportation investments and the other benefits that they
bring.
According to a report by the American Public Transportation
Association, Americans took 9.5 billion trips on mass transit in 2001--
the highest number in over 40 years, and a figure 22 percent increase
since 1996. Of those trips, 54 percent were work related. I cannot
imagine what would happen in cities like Washington, Chicago, New York,
and Boston if these commuters rushing to and from their jobs were to
lose public transportation as a viable option.
Perhaps such a scenario is too grim to consider, but we do have some
idea just what those commuters would confront if they got off the
trains and buses and back into their cars. In 2000, the average highway
traveler spent 62 hours mired in rush hour traffic--a 38-percent
increase over 1994. In fact, it is estimated that traffic congestion
now costs Americans $67 billion each year--the cost of 3.67 billion
hours in lost productivity and 5.7 billion gallons of wasted gasoline--
wasted gasoline.
Unless we continue to build on the impressive investments made under
ISTEA and TEA-21, I expect those congestion costs will rapidly
multiply. How much they will increase is not known, but the Federal
Transit Administration estimates that public transportation now saves
the Nation $19.4 billion in congestion costs each year.
Unfortunately, this budget resolution does not provide room for
building upon those two landmark transportation bills, and assumes a
relatively flat level of funding for the next several years. These
figures fall far short of what is needed simply to keep pace with the
demands or exerted on our National Transportation System.
According to the American Association of State Highway and
Transportation Officials, just to maintain the current conditions of
our roads and bridges the Nation will need to invest approximately $92
billion each year for the next 6 years, and $19 billion for our transit
systems. To actually improve these systems, the requirements are $125
billion for highways and $44 billion for transit respectively. Yet this
budget provides only $32 billion for highways and $7.2 billion for
transit this year.
By the end of the next 6-year reauthorization cycle, over 65 percent
of the Nation's public transportation bus fleet and 54 percent of the
country's subway cars, commuter rail cars, and light rail cars will be
passed their useful lives, according to FTA.
If we don't replace the oldest vehicles in the fleet now, and repair
those that can remain in revenue service for the foreseeable future, we
will only be kicking our problems down the road. Ignoring these needs
will only increase their expense, add additional financial burdens to
State and local governments, and undermine the safety, security, and
efficiency of our current transportation system.
It is also imperative that we boost funding for transportation
investment now because of the new, post-September 11 security costs
that States are facing to protect their bridges, tunnels, and subway
stations.
A report by the Transportation Research Board, suggests that of the
Nation's 600,000 bridges and tunnels, over 500 have been identified as
critical links based on their size, traffic capacity, and strategic
importance. If ever one of these bridges or tunnels should be
compromised, the effect on commerce and trade in whole States and
regions would be profound.
That same study, which was conducted with the input of the FTA and
Federal Highway Administration, suggests that the cost of protecting
these highway structures is approximately $6.8 billion over the next 6
years, with an additional $578 million required for ongoing security
operations.
On the transit side, the security upgrades are expected to cost about
$6.2 billion over 6 years, with an additional $500 million required for
operating expenses.
Who is going to pay for these security requirements? The existing
budget, which calls for essentially flat funding, does not anticipate a
strong Federal role. At the same time, the States are in the midst of
the worst fiscal crisis in nearly 50 years, and cannot afford these
additional responsibilities.
Ultimately, the States will not be able to avoid this burden for the
simple reason that they must protect their citizens. But with no
additional revenues to pay for these costs, they will be forced to raid
their long-term transportation budgets to pay for these new security
responsibilities.
They are the ones who will have to finance additional State police
details, construct physical barriers around the bases of bridges,
install ventilation systems in tunnels, and create coordinated traffic
monitoring and management computer systems. They will have no choice
but to rob fund their immediate security needs at the expense of their
long-term transportation improvement needs. And the cost of this may
well be the long-term deterioration of their roads, bridges, tunnels,
and public transportation services.
One final point I would like to make is that the terrorists of 9/11
closed our airports, and very nearly crippled the aviation industry
permanently. However, because we had made critical investments in all
modes of transportation during the past decade, intercity trains, the
interstate system, and public transportation were able to fill the gap
during those initial days following the tragedy. America did not stop
moving.
We hope and pray that there will never be another major terrorist
attack on our country, but cannot pretend that our bridges, tunnels,
and train stations are not inviting targets.
Its essential, therefore, to provide the resources in this budget
resolution to maintain a strong multimodal National Transportation
System. With this amendment, which provides $255 billion for highways
and $56.5 for transit over 6 years, we are taking a large step in the
right direction.
I look forward to working with my colleagues to get a substantial
reauthorization bill passed this year, as well as fully funding Amtrak
and providing for increased aviation funding. We must meet all of these
challenges, and meet them now.
Today's bipartisan highways and transit funding amendment is a
critical step in that process. I urge all my colleagues to support it.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I have great respect for my colleagues
from Missouri and Oklahoma and others who sponsor this amendment, but
it is irresponsible to basically say 30 percent of highway funds will
be funded out of general revenues. Highways have been built and paid
for by and large by user fees, primarily gasoline taxes. This amendment
says we have an increase in the deficit of about $63 billion over the
next 6 years, meaning funded by general revenue financing. That is a
mistake.
[[Page S4256]]
The Federal Government pays 80 percent of the cost of these highways.
If you have general fund financing of them, there is no limit on the
demands where people are saying we want you to pay for our roads.
This is over a 30 percent increase in the highway program, and
basically it is unfunded. I urge my colleagues to vote no.
Mr. BOND. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the amendment No. 358.
The clerk will call the roll.
The assistant bill clerk called the roll.
The result was announced--yeas 79, nays 21, as follows:
[Rollcall Vote No. 79 Leg.]
YEAS--79
Akaka
Alexander
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Clinton
Cochran
Coleman
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Feinstein
Fitzgerald
Graham (FL)
Graham (SC)
Hagel
Harkin
Hatch
Hollings
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Sarbanes
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Talent
Warner
Wyden
NAYS--21
Allard
Chambliss
Cornyn
Ensign
Enzi
Feingold
Frist
Grassley
Gregg
Hutchison
Kyl
Lugar
McCain
McConnell
Miller
Nickles
Santorum
Sessions
Sununu
Thomas
Voinovich
The amendment (No. 358) was agreed to.
Mr. BOND. I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, for the information of all of our
colleagues, we will now vote on the sense of the Senate offered by
Senator Stevens and myself, and then Senator Conrad and I will work on
an additional list of amendments. It is very much our intention to
finish this bill tonight.
I urge our colleagues to be a little more disciplined as far as
sending amendments to Senator Conrad. I appreciate the cooperation of
our colleagues.
Amendment No. 391
Mr. President, on behalf of Senator Stevens and myself, I send--is
the amendment at the desk?
The PRESIDING OFFICER. The clerk will report the amendment.
Mr. STEVENS. Mr. President, I ask that the sense-of-the-Senate
amendment be read.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Alaska [Mr. Stevens], for himself and Mr.
Nickles, proposes an amendment numbered 391:
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE REGARDING HIGHWAY SPENDING.
(a) Findings.--The Senate makes the following findings:
(1) Highway construction funding should increase over
current levels.
(2) The Senate Budget Committee-passed Resolution increases
Highway funding above the President's request.
(3) All vehicles, whether they are operated by gasoline,
gasohol, or electricity, do damage to our highways.
(4) As set out in TEA-21, the direct relationship between
excise taxes and highway spending makes sense and should be
maintained.
(5) Highways should be funded through user fees such as
excise taxes and not through the General Fund of the
Treasury.
(b) Sense of the Senate.--It is the sense of the Senate
that the Senate should only consider legislation that
increases highway spending if such legislation changes
highway user fees to pay for such increased spending.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, embedded in this amendment is a provision
that really intends to lift the cap so that the outlays under this
concept of increased highway spending will not be charged back against
the discretionary spending.
It is the intent of this sense-of-the-Senate to state that it is the
Senate's position, that we support this increase only on the basis that
it will not be charged against outlays to the discretionary spending
and therefore reduce the amount of money available to the
Appropriations Committee under this resolution.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, I am assured by the staff, who are experts
in this area, that will not reduce the money available for
appropriations. I agree with most of the whereases in this amendment
because it says that highways should be paid for by highway users. And,
frankly, this returns to the highway trust fund almost $50 billion that
has been paid in by highway users over the last decade. It also lays
out other areas where there should be additional funds that the Finance
Committee has already agreed we should pay.
The PRESIDING OFFICER. All debate time has expired.
The question is on agreeing to the amendment.
The Senator from Nevada.
Mr. REID. Mr. President, as a cosponsor of the Bond amendment, I
recommend that we accept it.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 391) was agreed to.
Mr. NICKLES. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Nevada.
Mr. REID. Mr. President, the two managers are going to work to come
up with another list of amendments that we will work on. The chairman
and ranking member said it will take about another 15 minutes for them
to come up with another list. During the time they are gone, if
somebody has some issue they want to talk about, Senator Nickles and
Senator Conrad said they would have no objection to that--they can talk
about anything they want.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. CONRAD. Mr. President, let me say to Members on our side who have
amendments pending, we had over 105 amendments noticed. Not all of
those have been filed at the desk. We are asking Senators, if you have
provided notice of an amendment but it could be put off to another day,
please come to us now and advise us of that. We need to reduce the
number of amendments.
We know that typically amendments Members have indicated an interest
in sometimes fall away. Many times many of the amendments fall away.
That would be helpful. With that said, I also want to advise Members, I
do not see any way that this bill gets completed tonight. There are
simply too many amendments Members have indicated they are serious
about taking to a vote.
That does not mean we should not bend every effort to reduce the
number of amendments outstanding so we could complete this as nearly as
possible today, and finish up at a reasonable time tomorrow.
So this is going to be a challenge to all of us. If we do not do
this, let me just say, there are still 85 amendments pending here. We
have been doing about three an hour. If we continue on this pace, we
are going to be here for another several days.
So I implore my colleagues, if you have given notice of an amendment,
but you really do not need a vote on it, please advise the staff of
that so we can whittle down this list.
Mr. REID. Will the Senator yield?
Mr. CONRAD. I am happy to yield.
Mr. REID. Mr. President, the two managers of this bill have worked
very hard. Recognizing how hard they have
[[Page S4257]]
worked, the staff has worked even harder. I have relayed to the
majority leader that in addition to the fact that it is Friday, and we
have all had a hard week, we have to keep in proper perspective,
whether people want to acknowledge it or not, that we have had a number
of Senators who have recently had surgery and have been ill. Not a
single one of those Senators has come to me asking that we cut them
some slack. But we know that we should do that. Some of them came back
to work earlier than they should have. They have violated doctors'
instructions to be here.
Senator Byrd has talked to us. We recognize that his wife is very
ill. Senator Byrd is doing everything he can to keep a watchful eye on
his wife.
I hope we have proven during this week--we, the minority--that we are
not trying to do anything to slow up this important piece of
legislation. I have trouble understanding what is the magic of
finishing this bill today. If there is magic there, it would take magic
to complete it because we cannot complete the bill today. It would be
my recommendation that we work for a reasonable time this evening. If
the leader wants to come back tomorrow, come back sometime at a
reasonable time tomorrow, do that. But I have to say we would be better
served by completing our work early this evening and coming back next
week and finishing this bill. It would give us all time to work to
winnow down this list of amendments. I will bet if we had the weekend
to do it, we could work it out so there would not be a lot of
amendments. Our being pushed into saying you have to finish this bill
today or tomorrow is not logical.
I know there is pressure from a lot of places to finish the bill, but
it is not the Democrats preventing the legislation from passing. We are
doing everything we can to cooperate. I know there are people here who
have had far more experience than I. This, to me, would be logical and
sensible.
Senator Byrd asked me today how long we are going. I would like him
to express to the Senate how he feels about this.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. Mr. President, there may be men and women dying right now
in the Arabian desert. Here we are talking about a budget resolution
which is required by law to be passed by April 15. The administration
has not added one penny in this budget for the war. They have not added
anything in this budget for the war.
If we were debating a war budget today, it might be different. But we
are not debating a war budget. There is no money in this budget by the
administration for the war. Yet we are fighting a war. Why the hurry,
when the deadline is April 15? Why the hurry?
We have asked the administration, I have asked the administration and
representatives of the administration what is the cost of the war. How
much is it going to cost. What is the cost of this war. The Secretary
of Defense has answered it is not knowable. Here we are, the elected
representatives of the people who want to know something about the cost
of the war. The administration has said: It is not knowable. The
administration has said, in essence, wait until you see the
supplemental. We will send you the supplemental.
The answer to our questions have been rather contemptuous, in saying:
Well, we don't know the cost. We will let you know when we send up the
bill.
Why don't we wait and see what the supplemental is going to ask for?
Why don't we wait and see what the administration asks for in the
supplemental before we proceed with the budget? I cannot understand the
hurry. We have at least two Members who have had serious operations. I
don't mind staying a little while longer, but I have a responsibility
also at home. If it were absolutely necessary that we complete this
budget tonight, I would stay as long as I could, and if I had to go
home, I would go home and let the Senate finish it. But this resolution
doesn't have to be done tonight. This is not a war budget. The
administration has nothing in this budget for the war. The
administration has stiff-armed, as far as I am concerned, the Congress,
those of us who have wanted to know something about what are the costs
of this war. The administration has given us the back of their hand.
Here we are; we are being asked to rush through a budget that is not
a war budget, no money in this budget for the war, and yet there is a
war going on right now. Go look at your television sets and see the
destruction that is being rained upon a capital city of a state that
has not attacked the United States. Why can't we wait until we find out
what the administration is going to request in a supplemental and then
deal with the budget?
There is absolutely no necessity for dealing with this budget
tonight. Suppose you lose a man here in the Senate because we continue
to press for action on this budget tonight? You could lose a man. You
could lose two. We have had plenty of time. We have had plenty of time.
The administration should have told us how much they need in the
supplemental. I have a feeling we are going to be asked for $65 to $80
billion, maybe $100 billion for the war in that supplemental. Why not
wait and see what the administration is asking for in the supplemental
before we proceed with this budget?
We have a huge tax cut in this budget, $1.3 trillion in tax cuts. So
we want to pass the tax cuts before we find out how much the
administration is going to request in a supplemental for fighting the
war.
Men and women are dying. We ought not be on this budget today. We
ought to at least show some respect for our own men and women. We are
sending our own men and women across the sea to a foreign land where
they may die and their families here today are worrying and crying and
praying about their loved ones. That is saying nothing about the Iraqi
men and women, old women, young women, old men, young men, sick people,
children, babies.
Mr. SANTORUM. Mr. President, what is the regular order?
The PRESIDING OFFICER. There is no debate in order at this time.
The Senator from West Virginia.
Mr. BYRD. Mr. President, I have been around here long enough to know
what the regular order is. I also have been around here long enough to
know that we are being asked to stay here and spend the rest of the
evening. We may send some old men to their deaths by doing this. I have
a sick wife. Sixty-nine days from now, if the Lord lets both of us
live, we will celebrate our 66th wedding anniversary. My first duty is
to her. There will be enough Senators left here to pass this bill if we
want to stay that long. But I think it is unreasonable.
If there were a reason to stay here, I would say, let's stay here and
do our duty. But there is no reason for that, except to get this
resolution passed before we know what the administration is going to
request in a supplemental to fight this war.
Now, call for the regular order if you want to. Mr. President, I say
it is time that we agree on a few more amendments, act on a few more,
and go over to next week. The administration, I understand, is going to
fight me down at the White House to tell me about the supplemental next
Tuesday as a ranking member of the Appropriations Committee. Let them
tell us that first, and then let's complete action on this massive tax
cut.
Mr. President, I hope reason will prevail today. There is time to
pass this bill later. It doesn't have to be done today. Let's go home,
at least out of respect for the men and the women who are being sent.
They didn't ask to go to foreign lands, possibly to fight and die.
Mr. SANTORUM. Mr. President, I call for the regular order.
Mr. BYRD. Out of respect for those, Mr. President----
Mr. SANTORUM. I call for the regular order.
The PRESIDING OFFICER. Further debate would require unanimous
consent.
Mr. BYRD. I ask unanimous consent to proceed for 1 more minute.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. BYRD. Can we not at least respect the people who are being sent
overseas to fight and die, possibly? Can't we, out of respect, at least
shut down the Senate for today and go home? Why do we have to debate
this while they are giving of their all? Remember, we are raining
destruction
[[Page S4258]]
upon a city of a state that has not attacked this country. There are
men and women, old people and young people, sick and dying people
there. At least we should have enough respect to quit now. We have done
a good day's work. We passed 15, 16, 17 amendments by rollcall votes.
Why do we have to continue? We don't have to--not for the political
reason of getting action completed on this resolution before we find
out what the administration is going to ask for in the supplemental.
I hope Senators will insist on our going over to next week. Our
staffs haven't had a chance to read the amendments. Senators don't know
what is in these amendments. I don't.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. BYRD. Let's take the weekend and have our clerks read them so
they can better advise us next week. I ask Senators to think about
that.
The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
Mr. NICKLES. Mr. President, I appreciate the concerns raised by my
friend and colleague from West Virginia, who just doubled the subsidy
for Amtrak over my opposition. The majority leader has asked me to
finish this bill, and we are going to finish the bill. I regret it. I
will tell you, I have been here 23 years. We usually spend 1 week on a
budget. Undoubtedly, on that last day of the budget, we have a lot of
votes. We didn't do a budget last year and we should have. Maybe I
should have worked more with the chairman at that time to make that
happen. The Congress didn't function because it didn't get the budget
done. We are going to finish this budget this week--tonight or
tomorrow.
I know there are a lot of amendments, but most of them are
repetitive. We have dealt with almost every subject area in the budget.
The budget is not an appropriations bill. The budget is not a tax bill.
We have had people offer amendments as though this is going to
micromanage section 750. We don't do that in the budget. We don't write
tax bills in the budget. We have had umpteen amendments. Oh, this will
finance this, or it will be that portion of a tax bill. That is not
what a budget does. A budget says basically how much we are going to
spend and how much we are going to take in.
We have a budget and we need to finish our work. I know it is
unpleasant and painful, and I know people would rather be home with
their families, but we have to finish. Two years ago, we had 34 votes--
tons of votes. We eventually passed a budget. I congratulated Senator
Domenici because it wasn't easy or pretty. That is the way we are right
now.
I tell my colleague from North Dakota, we knew this was coming a
couple of days ago. I know it will not be pleasant, and we are going to
ask people, and some people have to catch planes, and that is
unfortunate, but we are going to finish the budget.
All these amendments that are pending, for the most part, don't need
to be offered. They can be offered if you want--we are going to set an
amount for appropriations. Most of those amendments can be dealt with
on an appropriations bill or on a tax bill. We are going to have both
this year. So I urge my colleagues to show some restraint. I will work
with my colleagues, and I think I have considered every amendment
fairly. We have not postponed anybody's amendments. I think we have
been as fair as possible to everybody. I might mention that 90 percent
of the amendments offered on the other side--well, I will be happy to
work with my colleagues, but I think it is important to finish our
work, whether it is midnight tonight or tomorrow night. It is very much
my intention to finish. I urge our colleagues to work together to
complete our work.
Mr. BYRD. Will the Senator yield?
The PRESIDING OFFICER. The Senator from North Dakota is recognized.
Mr. CONRAD. Mr. President, let me just say the chairman and I have
worked together closely to try to move this agenda, to have amendments
and do it in an efficient way. But I must say I don't see any earthly
reason this bill has to be done today. The requirement is April 15. I
think we are getting over the edge into unreasonableness. When one side
gets unreasonable, that creates a reaction on the other side. I have
tried to be reasonable, but I say to my colleagues, at some point it is
going to be hard to feel that there is some rational reason for this
press.
We can get this bill done, and get it done in a timely way, without
going endlessly into the night. We went until midnight last night, the
same the night before. I will tell you, I think we should press ahead,
do additional amendments for a time, but I think we need to fold our
tent and recognize that we need to come back tomorrow or Tuesday
morning and finish.
I just ask my colleagues to think about that and, in the meantime, we
can try to get an agreement on another traunche of amendments to work
on.
The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
Mr. NICKLES. Mr. President, I tell my colleague from North Dakota
that I will let him know of this request.
I ask unanimous consent that the only amendments that be allowed to
be considered be those filed and presently at the desk.
Mr. REID. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. NICKLES. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
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