Congressional Record, Volume 149 Issue 73 (Thursday, May 15, 2003)

[Congressional Record Volume 149, Number 73 (Thursday, May 15, 2003)]
[Senate]
[Pages S6407-S6415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of S. 1054, which the clerk will
report.
The legislative clerk read as follows:

A bill (S. 1054) to provide for reconciliation pursuant to
section 201 of the concurrent resolution on the budget for
fiscal year 2004.

Pending:

Grassley amendment No. 555, to increase the criminal
monetary penalty limitation for the underpayment or
overpayment of tax due to fraud.
Dorgan/Baucus amendment No. 556, to repeal the 1993 income
tax increase on Social Security benefits and to offset the
revenue loss.
Specter amendment No. 569, to urge the Senate Finance
Committee and the Joint Economic Committee to hold hearings
and consider legislation providing for a flat tax.
Baucus amendment No. 570, to ensure that the limit on
refundability shall not apply to the additional $400 child
credit for 2003, to make the dividend exclusion effective for
taxable years beginning in 2003, and to eliminate the
increase in the dividend exclusion from 10 percent to 20
percent of dividends over $500.
Kennedy amendment No. 544, to provide for additional weeks
of temporary extended unemployment compensation and to
provide for a program of temporary enhanced regular
unemployment compensation.
Lincoln amendment No. 578, to expand the refundability of
the child tax credit.
Cantwell amendment No. 577, to permanently extend and
modify the research and experimentation tax credit and strike
the partial exclusion of dividends provision.
Jeffords amendment No. 587, to accelerate the elimination
of the marriage penalty in the earned income credit.
Bunning/McConnell amendment No. 589, to amend the Internal
Revenue Code of 1986 to repeal the 1993 income tax increase
on Social Security benefits.
Burns amendment No. 593, to amend the Internal Revenue Code
of 1986 to allow the expensing of broadband Internet access
expenditures.
Grassley amendment No. 594, to amend title XVIII of the
Social Security Act to enhance beneficiary access to quality
health care services in rural areas under the Medicare
Program.
Harkin amendment No. 595, to help rural health care
providers and hospitals receive a fair reimbursement for
services under Medicare by reducing tax cuts regarding
dividends.
Collins amendment No. 596, to provide temporary State and
local fiscal relief.
Murray amendment No. 564, to provide temporary State fiscal
relief.
Stabenow amendment No. 614, to ensure the enactment of a
Medicare prescription drug benefit.
Warner modified amendment No. 550, to amend the Internal
Revenue Code of 1986 to

[[Page S6408]]

increase the above-the-line deduction for teacher classroom
supplies and to expand such deduction to include qualified
professional development expenses.
Voinovich amendment No. 592, to establish a blue ribbon
commission on comprehensive tax reform.
Graham of Florida amendment No. 617, in the nature of a
substitute.
Kyl amendment No. 575, to further enhance the denial of
deduction for certain fines, penalties, and other amounts.
Landrieu amendment No. 619, in the nature of a substitute.
Landrieu amendment No. 620, to provide pay protection for
members of the Reserve and the National Guard.
Landrieu amendment No. 621, to amend the Internal Revenue
Code of 1986 to allow employers in renewal communities to
qualify for the renewal community employment credit by
employing residents of certain other renewal communities.
Ensign amendment No. 622, to encourage the investment of
foreign earnings within the United States for productive
business investments and job creation.
Schumer amendment No. 557, to amend the Internal Revenue
Code of 1986 to make higher education more affordable.
Conrad amendment No. 611, to make the child tax credit
acceleration applicable to 2002.
Baucus, for McCain, amendment No. 612, to add the
provisions of the Armed Forces Tax Fairness Act of 2003.

Amendment No. 589

The ACTING PRESIDENT pro tempore. There are now 2 minutes evenly
divided before a vote on the Bunning amendment. Who yields time?
The Senator from Kentucky.
Mr. BUNNING. I will be very brief. This amendment was discussed
pretty thoroughly yesterday. This sets a date certain for a vote on the
reduction of the tax on the Social Security seniors from 85 to 50
percent; that we report a bill out no later than July 1, 2003; and that
the bill should be acted on no later than September 30, 2003,
consistent with the preservation of the Medicare trust fund.
Under the provisions of section 904 of the Congressional Budget Act
of 1974, I move to waive the point of order against the pending
amendment and I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is a sufficient second.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. BAUCUS. Mr. President, has the proponent of this amendment any
time remaining? Have we completed the time remaining to speak in favor
of the amendment?
The ACTING PRESIDENT pro tempore. There remains a minute in
opposition.
Mr. BAUCUS. Is there any time remaining to speak for the amendment?
The ACTING PRESIDENT pro tempore. No.
Mr. BAUCUS. Mr. President, I am going to vote for this amendment. I
think all Senators should realize this is really a cover amendment.
This is an amendment which allows Senators to not do the real thing.
What is the real thing? The real thing is a vote for the Dorgan
amendment which is next. The Dorgan amendment provides that Social
Security taxes on 85 percent of Social Security benefits are not
taxable. That is the real thing. The current amendment before us is a
sense of the Senate. It is a cover amendment. I am going to support it.
I think all Senators should support it. But the real test is the next
amendment. If Senators vote for this amendment, if they want to reduce
Social Security taxes, they should vote for the Dorgan amendment
because that is the real amendment. That is the one that counts.
I yield the remainder of my time.
The ACTING PRESIDENT pro tempore. The Senator from Kentucky.
Mr. BUNNING. Mr. President, I withdraw my motion to waive the point
of order since none has been made against the amendment.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The question is on agreeing to the amendment.
Mr. BUNNING. 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 senior assistant bill clerk called the roll.
The result was announced--yeas 98, nays 2, as follows:

[Rollcall Vote No. 148 Leg.]

YEAS--98

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
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
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
Warner
Wyden

NAYS--2

Hollings
Voinovich

The amendment (No. 589) was agreed to.
Mr. GRASSLEY. Mr. President, I move to reconsider the vote, and I
move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 556

The ACTING PRESIDENT pro tempore. There are now 2 minutes equally
divided prior to the next vote.
Mr. DORGAN. Mr. President, the next vote is on the amendment that
actually does what the previous amendment says the sense of Senate
should do. If you really believe with the sense of the Senate that we
should do this, the question is, Do you believe we should do it now?
The question here, it seems to me, is one of priorities. If 8 million
senior citizens are paying $1,500 more in taxes because of the change
in 1993 and you want to repeal that change, then this particular
amendment will reduce taxes for those 8 million Americans.
Is this a greater priority than the issue of dividends and other
issues in this bill? In my judgment, this is a greater priority. If you
really believe you want to cut taxes for 8 million senior citizens by
$18 billion, now is the time to do that. Now is the time to make the
change to do that. If you choose not to, it is really hard to say you
support this kind of a change.
The ACTING PRESIDENT pro tempore. Who yields time in opposition?
Mr. GRASSLEY. Mr. President, this amendment is designed to kill the
growth package. It would eliminate the acceleration of all individual
income tax rate reductions, and it would eliminate the entire dividend
exclusion.
What is also interesting about this amendment is that our colleagues
on the other side of the aisle who are solely responsible----
The ACTING PRESIDENT pro tempore. The Senate will be in order.
The Senator from Iowa.
Mr. GRASSLEY. Mr. President, the bottom line is that this tax on
Social Security income is as high as it is because, in 1993, all except
one Senator now serving on the other side of the aisle imposed a tax in
the first place. I believe we should have an opportunity to repeal this
tax. However, as my colleagues are aware, the revenue from this tax
goes into the Medicare hospital fund without other changes in Medicare.
Repealing this tax would bankrupt the Medicare trust fund. We should
consider this in light of other Medicare legislation, and it ought to
be done in the Finance Committee.
This language is not germane to the measure now before the Senate.
Therefore, I raise a point of order under section 305(b)(2) of the
Congressional Budget Act of 1974.
Mr. DORGAN. Mr. President, pursuant to section 904 of the
Congressional Budget Act of 1974, I move to waive the applicable
sections of that act for purposes of the pending amendment, and I ask
for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?

[[Page S6409]]

There is a sufficient second.
The yeas and nays were ordered.
Mr. FRIST. Mr. President, I want to make a couple of comments on the
schedule for today which I did not have the opportunity to make this
morning.
We just had our first vote in what will be a very long day with a
lengthy series of votes. Hopefully, we can do as much as possible to
shorten that list over the course of the day and certainly not add to
it too much.
I want to ask all of our Members to stay close to the Chamber. We
will be starting, with this vote, 10-minute votes, and that will be
enforced. It will be the only way we can get through this bill in this
so-called vote-arama. I know it is going to be tough in terms of
everybody's schedules today. I would go ahead and talk to your
schedulers and let them know we have these votes every 10 minutes.
Following passage of this bill later today, we will proceed directly
to the global HIV/AIDS bill. We will work that bill through tonight,
and hopefully finish that bill tonight. If we complete that bill
tonight, Members can expect no rollcall votes tomorrow. The objective
will be to complete the jobs and growth package today, start on the
HIV/AIDS bill, and hopefully finish today. If so, we will not have
votes tomorrow.
Again, I ask Members to stay close to the Chamber and the 10-minute
votes will be enforced.
The ACTING PRESIDENT pro tempore. The question is on agreeing to the
motion. The yeas and nays have been ordered. The clerk will call the
roll.
The legislative clerk called the roll.
The yeas and nays resulted--yeas 49, nays 51, as follows:

[Rollcall Vote No. 149 Leg.]

YEAS--49

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Campbell
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
Snowe
Stabenow
Wyden

NAYS--51

Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
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
Nelson (NE)
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
The ACTING PRESIDENT pro tempore. On this vote, the yeas are 49, the
nays are 51. Three-fifths of the Senators duly chosen and sworn not
having voted in the affirmative, the motion is rejected. The point of
order is sustained, and the amendment falls.
Mr. GRASSLEY. I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 555

The ACTING PRESIDENT pro tempore. There will be 2 minutes evenly
divided on the next amendment.
Who yields time?
The Senator from Iowa.
The Senator will suspend. The Senate will come to order. The Senate
will be made aware that votes will be limited to 10 minutes. There are
23 amendments that remain pending which we want to complete in an
orderly fashion.
Mr. GRASSLEY. Mr. President, I don't care if anybody listens to me,
but it would be nice if everybody would shut up so you don't have to go
through that 10 times today.
The ACTING PRESIDENT pro tempore. The Senator from Iowa is recognized
for 1 minute.
Mr. GRASSLEY. Mr. President, I am pleased to work with Senator Baucus
to strengthen criminal tax penalties. We have seen in Enron-type
corporation scandals that there is no end to the cleverness of con
artists in the corporate world. The con artists will even pay a little
tax to cover up their deception. Then after the fraud, the corporation
asks for its money back.
This amendment will ensure the corporate con artists pay full freight
for their crime of duping shareholders and workers.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Montana.
Mr. BAUCUS. Mr. President, obviously this is a good amendment. Also,
when I finish speaking, I will offer an amendment in the second degree,
which has been cleared on the other side, essentially to bring the
criminal provisions in the Tax Code up to date with the Sarbanes-Oxley
criminal provisions. The Sarbanes-Oxley bill did not address the
criminal tax provisions because that was not a tax bill. We do address
it here.
I urge adoption, by voice vote, actually, of both amendments.
I yield back the remainder of my time.

Amendment No. 624 To Amendment No. 555

Mr. President, I ask unanimous consent to call up my second-degree
amendment.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The senior assistant bill clerk read as follows:

The Senator from Montana [Mr. Baucus] proposes an amendment
numbered 624 to amendment No. 555.

Mr. BAUCUS. Mr. President, I ask unanimous consent reading of the
amendment be dispensed with.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The amendment is as follows:

(Purpose: To increase the criminal penalties for fraud and false
statements)

On page 2, strike line 13 and insert:
(b) Increase in Penalties.--
(1) Attempt to evade or defeat tax.--Section 7201 is
amended--
(A) by striking ``$100,000'' and inserting ``$250,000'',
(B) by striking ``$500,000'' and inserting ``$1,000,000'',
and
(C) by striking ``5 years'' and inserting ``10 years''.
(2) Willful failure to file return, supply information, or
pay tax.--Section 7203 is amended--
(A) in the first sentence--
(i) by striking ``misdemeanor'' and inserting ``felony'',
and
(ii) by striking ``1 year'' and inserting ``10 years'', and
(B) by striking the third sentence.
(3) Fraud and false statements.--Section 7206(a) (as
redesignated by subsection (a)) is amended--
(A) by striking ``$100,000'' and inserting ``$250,000'',
(B) by striking ``$500,000'' and inserting ``$1,000,000'',
and
(C) by striking ``3 years'' and inserting ``5 years''.
(c) Effective Date.--The amendments made by

Mr. BAUCUS. Again, this is the amendment I earlier referred to, and I
urge all Senators to vote for it.
The ACTING PRESIDENT pro tempore. Is there further debate?
If not, the question is on agreeing to the amendment.
The amendment (No. 624) was agreed to.

Vote On Amendment No. 555, As Amended

The ACTING PRESIDENT pro tempore. The question is on agreeing to the
Grassley amendment No. 555, as amended.
The amendment (No. 555), as amended, was agreed to.
Mr. GRASSLEY. I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 569

The ACTING PRESIDENT pro tempore. There are now 2 minutes evenly
divided prior to a vote on the Specter amendment.
Who yields time?
The Senator from Pennsylvania.
Mr. SPECTER. Mr. President, if I may have the attention of my
colleagues, this is a sense-of-the-Senate amendment which calls upon
the Finance Committee and the Joint Economic Committee to undertake a
study on tax simplification, with the view to presenting a report to
the Senate on a flat tax.
The complexities of the Internal Revenue Code are well known. Even
Albert Einstein said he could not understand the Internal Revenue Code.
We spend billions of hours, billions of dollars on the complexities of
filling out the tax

[[Page S6410]]

returns. This flat tax would enable us to file a return within a few
minutes on a postcard.
This amendment does not commit the Senate to a flat tax, but it only
calls upon relevant committees to conduct a study. There has never been
a study of a flat tax. This amendment, cosponsored by Senator Grassley
and Senator Bennett--and I think agreed to; we will soon hear from
Senator Baucus--will be a significant step forward.
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Who seeks time in opposition?
The Senator from Montana.
Mr. BAUCUS. Mr. President, I think it is a good idea to set up some
kind of a body or commission to see if we can simplify the code,
knowing that it is a daunting task. Nevertheless, we should try,
including looking at the flat tax proposal that has been suggested by
several Senators and other observers over the years. But at least let's
give it a try. We can certainly improve upon the code we now have.
I urge its adoption.
The ACTING PRESIDENT pro tempore. Is there further debate?
The Senator from Oklahoma.
Mr. NICKLES. Mr. President, I ask unanimous consent to be added as a
cosponsor.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The question is on agreeing to amendment No. 569.
The yeas and nays have been ordered.
The clerk will call the roll.
The senior assistant bill clerk called the roll.
The result was announced--yeas 70, nays 30, as follows:

[Rollcall Vote No. 150 Leg.]

YEAS--70

Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bond
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Carper
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Jeffords
Kohl
Kyl
Landrieu
Leahy
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nelson (FL)
Nelson (NE)
Nickles
Reid
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden

NAYS--30

Akaka
Bingaman
Boxer
Cantwell
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Graham (FL)
Inouye
Johnson
Kennedy
Kerry
Lautenberg
Levin
Lieberman
Lincoln
Mikulski
Murray
Pryor
Reed
Rockefeller
Sarbanes
Schumer
Stabenow
The amendment (No. 569) was agreed to.

Amendment No. 570

The PRESIDING OFFICER. There will now be 2 minutes of debate on the
next amendment, the Baucus amendment.
Mr. BAUCUS. Mr. President, this is essentially what I call a ``more
stimulus now'' amendment. It has two provisions. One, it accelerates
the year in which the dividend exclusion is effective. Under the
committee bill, the dividend exclusion does not come into effect until
2004, which basically means most taxpayers are not going to receive the
benefit until 2005 when they file their tax returns. All this takes
effect in 2003 in my amendment, as well as the 10 percent. We are going
to stimulate the economy.
In addition, there is acceleration of the child tax credit. The
amendment provides the full $400 be sent to those who qualify for the
additional child tax credit, and that is based on the 2002 returns. If
they qualify in 2002, they are entitled to the full $400 check in 2003.
To avoid the problem we faced in the 2001 bill, where sometimes they
got $300 and sometimes not, this will speed that up.
The PRESIDING OFFICER. The Senator from Iowa is recognized.
Mr. GRASSLEY. Mr. President, I appreciate Senator Baucus' efforts.
We, in this bill, have tried to balance investment and spending
incentives. This bill already provides $95 billion for children and the
child tax credit. The bill includes acceleration of the credit for low-
income families, whom Senator Baucus seeks to help.
In addition, I believe the market will benefit more from the proposal
contained in the bill because of how we have approached it in a
balanced effort. However, I do thank the Senator for his efforts.
I have to raise a point of order. The pending amendment offered by
the Senator from Montana increases mandatory spending and, if adopted,
would cause the underlying bill to exceed the committee's section
302(a) allocation. Therefore, I raise a point of order against the
amendment pursuant to section 302(f) of the Congressional Budget Act of
1974.
Mr. BAUCUS. Mr. President, pursuant to section 904 of the
Congressional Budget Act, I move to waive the applicable section of
that act in the budget resolution for the consideration of the pending
amendment and ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is 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 result was announced--yeas 47, nays 53, as follows:

[Rollcall Vote No. 151 Leg.]

YEAS--47

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
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
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Wyden

NAYS--53

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
Hollings
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
The motion was rejected.
The ACTING PRESIDENT pro tempore. On this vote, the ayes are 47, the
nays are 53. Three-fifths of the Senators duly chosen and sworn not
having voted in the affirmative, the motion is rejected. The point of
order is sustained, and the amendment falls.
Mr. GRASSLEY. I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 544

The ACTING PRESIDENT pro tempore. It is now in order to consider
amendment No. 544, the Kennedy amendment. There will be 2 minutes
equally divided on each side.
The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, we are involved in a debate between
Republicans and Democrats about how to get the economy going, but there
is one reality, and that is that we have stagnation at the present
time.
There is one lifeline for millions of hard-working Americans who paid
into the unemployment compensation fund, and that is to extend the
unemployment compensation benefits.
Today there are 18,000 Iraqi veterans who are on unemployment
compensation, and that number is increasing every single week. We are
talking about funds that have been paid into that fund by these
workers. They are entitled in a time of difficulty and challenge to get
that money back to help them meet their mortgage, put food on the
table, and take care of their children.
The American people understand fairness, and they understand, on the
one hand, if we are going to provide billions for the wealthiest
individuals in

[[Page S6411]]

this country, we ought to look out for hard-working men and women who
have played by the rules, worked hard all their lives, have paid into
that fund, and now need that assistance. This is what that amendment
does.
In the last 10 years, we have extended unemployment compensation
benefits seven times. It has been extended by Republican Presidents,
and we ought to do it today.
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Who yields time? The Senator from Iowa.
Mr. GRASSLEY. Mr. President, as I said yesterday, we are willing to
extend current unemployment benefits. We are willing to do it before
the end of the week. In fact, yesterday I offered a unanimous consent
request to accomplish this, and it was rejected on the other side.
We have Senator Murkowski standing by ready to offer a unanimous
consent request to extend unemployment benefits. This amendment is
overreaching. This amendment would go way beyond anything we have done
on unemployment at a level of 6 percent right now. In fact, this makes
it as high as when unemployment was at 8 percent. We are asked to deal
with an amendment that goes way too far to score political points. That
is why it should be rejected.
I raise the point on this amendment that the language is not germane
to the measure before the Senate. Therefore, I raise a point of order
under section 305(b)(2) of the Congressional Budget Act of 1974.
The ACTING PRESIDENT pro tempore. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, pursuant to section 904 of the
Congressional Budget Act of 1974, I move to waive the applicable
sections of that act for purposes of the pending amendment. I ask for
the yeas and nays.
The ACTING PRESIDENT pro tempore. 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 senior assistant bill clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Colorado (Mr. Allard)
is necesarily absent.
The PRESIDING OFFICER (Mr. Alexander). Are there any other Senators
in the Chamber desiring to vote?
The yeas and nays resulted--yeas 50, nays 49, as follows:

[Rollcall Vote No. 152 Leg.]

YEAS--50

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Campbell
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
Specter
Stabenow
Wyden

NAYS--49

Alexander
Allen
Bennett
Bond
Brownback
Bunning
Burns
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
Stevens
Sununu
Talent
Thomas
Voinovich
Warner

NOT VOTING--1

Allard

The PRESIDING OFFICER. On this vote, the yeas are 50 and the nays are
49. Three-fifths of the Senators duly chosen and sworn not having voted
in the affirmative, the motion is rejected. The point of order is
sustained, and the amendment falls.
Mr. GRASSLEY. Mr. President, I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 578

The PRESIDING OFFICER. There are now 2 minutes evenly divided prior
to a vote on the Lincoln amendment. Who yields time?
The Senator from Arkansas.
Mrs. LINCOLN. Mr. President, may I inquire how much time I have?
The PRESIDING OFFICER. One minute.
Mrs. LINCOLN. Mr. President, I hope everyone in this Chamber will
agree that raising children is probably one of the most important and
expensive undertakings in which we have all engaged. I hope we will
also agree in this Chamber that the face of our country tomorrow will
be shaped by how well we raise our children today, and that is not just
our children, it is everyone's children.
That is why I think my amendment is so important. Eight million
children from working families at the very bottom of the income scale
get no benefit from the child tax credit, but 4.4 million of those 8
million children would begin to get a benefit from the child benefit
under the Lincoln amendment.
By providing tax relief to those who need it the most, the Lincoln
amendment will have a direct and meaningful stimulative effect on the
economy. These families with children play by the rules. They go to
work each day at extremely low wage jobs. They pay significant payroll,
State, local excise taxes, maybe even property taxes. They struggle to
make ends meet, yet they get no benefit from the child tax credit in
this bill.
On behalf of the children of this Nation, I encourage my colleagues
to support this amendment.
The PRESIDING OFFICER. The time of the Senator has expired.
The Senator from Iowa.
Mr. GRASSLEY. Mr. President, the Senator from Arkansas has done well
in the last tax bill and this tax bill to help in the area of
refundability, and I compliment her for that, but this amendment goes
too far because it provides a new entitlement with regard to the child
credit.
The bill already provides $95 billion for the child credit. That is
the biggest part of this bill. It also includes acceleration of the
child credit for low-income families, an issue of great importance to
Senator Lincoln as well.
The bill has a balance between spending and investment. The amendment
cuts back significantly on the investment part, the partial dividend
exclusion. I appreciate the Senator's efforts, but this amendment would
gut our jobs bill.
The pending amendment offered by the Senator from Arkansas increases
mandatory spending and, if adopted, would cause the underlying bill to
exceed the committee's section 302(a) allocations. Therefore, I make a
point of order against the amendment pursuant to section 302(f) of the
Congressional Budget Act of 1974.
The PRESIDING OFFICER. The Senator in Arkansas.
Mrs. LINCOLN. Pursuant to section 904 of the Congressional Budget Act
of 1974, I move to waive the applicable section of that act for
purposes of the pending amendment and for the 4.4 million children who
will be covered by this amendment.
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 result was announced--yeas 49, nays 51, as follows:

[Rollcall Vote No. 153 Leg.]

YEAS--49

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Campbell
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--51

Alexander
Allard
Allen
Bennett
Bond
Brownback
Bunning
Burns
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi

[[Page S6412]]

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 PRESIDING OFFICER. On this question, the yeas are 49, the nays
are 51. Three-fifths of the Senators duly chosen and sworn not having
voted in the affirmative, the motion is rejected. The point of order is
sustained, and the amendment falls.
Mr. GRASSLEY. I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 577

The PRESIDING OFFICER. There are now 2 minutes evenly divided on the
Cantwell amendment. The Senator from Washington.
Ms. CANTWELL. Mr. President, this amendment is offered by myself, the
Senator from Florida, Senator Nelson, and Senator Baucus, to extend the
research and development tax credit. What we are saying here today is
we will implement a philosophy that has been a proven success in
generating jobs in our economy, giving business the ability to deduct
research and development costs in an information age when we know there
are so many products and services yet to be created.
Since its enactment in 1981, the research tax credit has demonstrated
it is a very powerful and effective tool for creating jobs. It should
be no surprise to my colleagues that research estimates indicate that
agreeing to this amendment could, in the next 5 years, increase our
gross domestic product by over $10 billion. There is no better
stimulus.
We should make this investment. It is a bipartisan-supported effort,
research and development tax credits. Compared to the other stimulus in
this bill, this is the tried and true way for the American public. We
know there is research and development in biotechnology, in computer
sciences, medical research, and this will help us create jobs. I ask my
colleagues for their support.
Mr. GRASSLEY. The R&D tax credit doesn't expire until June 30, 2004.
That is more than 1 year away. The President has included permanent
extension of R&D in his fiscal year 2004 budget. I want the people to
know I am committed to extending the credit in subsequent legislation.
However, we have before us the amendment by Senator Cantwell
proposing striking the dividend exclusion in order to pay for the R&D
extension. The exclusion for dividend income is a very significant
piece of any jobs and growth plan--the President has it in his,
obviously--even though in our bill it is scaled back some.
Finally, extension of this R&D credit is not germane to the jobs and
growth bill. I therefore raise a point of order under section 305(b)(2)
of the Congressional Budget Act of 1974.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Mr. President, under section 904 of the Congressional
Budget Act of 1974, I move to waive the applicable sections of the Act
for consideration of the pending amendment.
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 motion.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL, I announce that the Senator from Missouri (Mr. Talent)
is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 49, nays 50, as follows:

[Rollcall Vote No. 154 Leg.]

YEAS--49

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham (FL)
Harkin
Hatch
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--50

NOT VOTING--1

Talent

The PRESIDING OFFICER. On this vote, the yeas are 49, the nays are
50. Three-fifths of the Senators duly chosen and sworn not having voted
in the affirmative, the motion is rejected. The point of order is
sustained and the amendment falls.
Mr. GRASSLEY. Mr. President, I move to reconsider the vote.
Mr. BAUCUS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. GRASSLEY. Mr. President, the leader asked me to remind everybody
that starting right now the 10-minute rule for voting is going to be
enforced because these votes are taking so long and we have so many
more votes to go.
I have made the announcement, and I yield the floor.

Amendment No. 587

The PRESIDING OFFICER. There are now 2 minutes evenly divided on the
Jeffords amendment.
Mr. JEFFORDS. Mr. President, this amendment accelerates the marriage
penalty relief for low-income married couples who claim the earned-
income tax credit. This marriage penalty relief was included in the
2001 tax bill but does not become fully effective until 2008. Other
marriage penalty relief for the 2001 bill is accelerated as part of the
bill under consideration today, but not the EITC marriage penalty
relief.
A copy of the Washington Post editorial of today on this issue is on
your desk.
The pending Senate bill accelerates the child tax credit for some in
this group. But like the House version, it would provide no marriage
penalty relief for EITC recipients who can face a particularly deep
dip.
Considering that in this situation, and two single parents each with
one child, each earning $10,000, if they remain single, each receives
about $2,500. If they marry, their total tax benefit falls by more than
$1,000.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. JEFFORDS. I urge you to look at the editorial at your desk.
Mr. GRASSLEY. Mr. President, I compliment Senator Jeffords for doing
a lot of work in this area. I was able to work with him on the 2001 tax
bill to accomplish lots of what he wanted to accomplish in the area of
refundability. But what we have here is an example of going just a
little bit further than we should. There is $95 billion in this bill
for children.
In addition, we accelerate the refundable child credit for low-income
families, the exact group Senator Jeffords seeks to help.
I note also that there are some problems with the earned-income tax
credit. It has 30-percent improper payments, according to the Treasury.
That is $10 billion a year of improper payments. The GAO lists this
program on its high-risk list.
I think we are at a point where before we expand the earned-income
tax credit we need to make sure it is reformed.
I haven't made a point of order yet, but I would like to make a point
of order.
The pending amendment offered by the Senator from Vermont increases
mandatory spending, if agreed to, and would cause the underlying bill
to exceed the committee's section 302(a) allocations. Therefore, a
point of order is raised against the amendment pursuant to section
302(f) of the Budget Act.
Mr. JEFFORDS. Mr. President, pursuant to section 904 of the
Congressional Budget Act of 1974, I move to waive the applicable
sections of that act and the budget resolution for purposes of the
pending amendment, and I ask for the yeas and nays.

[[Page S6413]]

The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The question is on agreeing to the motion. The clerk will call the
roll.
The bill clerk called the roll.
The yeas and nays resulted--yeas 49, nays 51, as follows:

[Rollcall Vote No. 155 Leg.]

YEAS--49

Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Clinton
Collins
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
Chafee
Chambliss
Cochran
Coleman
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 PRESIDING OFFICER (Mr. Graham of South Carolina). On this vote,
the yeas are 49, the nays are 51. Three-fifths of the Senators duly
chosen and sworn not having voted in the affirmative, the motion is
rejected. The point of order is sustained, and the amendment falls.
Mr. GRASSLEY. I move to reconsider the vote.
Mr. BAUCUS. 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 Iowa.
Mr. GRASSLEY. Mr. President, I ask unanimous consent to set aside the
Burns amendment No. 593 and proceed to the next amendment, which is my
own amendment No. 594.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 594

Mr. GRASSLEY. Mr. President, I also ask unanimous consent to add the
following people as cosponsors: Ms. Collins, Mr. Thomas, Mr. Baucus,
Mr. Harkin, Mr. Bingaman, and Mr. Campbell.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Now I can speak for 1 minute on my amendment.
The PRESIDING OFFICER. The Senator is recognized for 1 minute.
Mr. GRASSLEY. Mr. President, my amendment takes urgently needed steps
to end Medicare's discrimination against rural States.
Doctors and hospitals in rural America provide some of the lowest
cost, highest quality care in the country. Academics, researchers, and
policy people know this, but Medicare does not know it.
This amendment changes that by fixing unfair payment formulas once
and for all. Doctors, hospitals, home health agencies, and ambulances
in rural communities can count on payment fairness from this day
forward by adopting this amendment.
My fairness amendment is paid for by changes in other parts of the
Medicare Program, and it is not offset by other parts of the tax
provisions of this bill.
My amendment is a dose of commonsense medicine for Medicare in rural
America.
One final word to cancer patients in Iowa and across the country
regarding the AWP offset. I am going to work in conference and directly
with the Secretary of HHS to ensure that seniors and their caregivers
have adequate payment for, and continued access to, important cancer
therapies.
The PRESIDING OFFICER. The Senator's time has expired.
The Senator from Montana.
Mr. BAUCUS. Mr. President, I rise today to speak in favor of the
Medicare amendments offered by both Senator Grassley and Senator
Harkin.
Many of the provisions included in both amendments were part of
legislation that Senator Grassley and I offered last year. And many of
the provisions were included in the Senate Rural Health Caucus bill,
which I support. Several of these Medicare provisions in these
amendments have also been recommended by the Medicare Payment Advisory
Commission, which advises Congress on Medicare payment policy. And they
have the support of the American Hospital Association. Taken together,
these changes mean a lot to rural providers and, by extension, rural
seniors. They represent a significant leveling of the Medicare
reimbursement playing field that my colleagues and I have sought to
address.
I would also like to add, however, that some of the offsets in the
Grassley amendment have generated some controversy.
For example, the proposed changes to Medicare payment for Part B
covered drugs are of great concern to many cancer patients and
oncologists, among others.
Ideally, we would be legislating on these issues in the Finance
Committee so that the committee has a chance to weigh in on these
issues. But I believe that the changes on the whole are positive for
the Medicare program, and so I intend to support both amendments.
Mr. President, I yield to the Senator from Iowa, Mr. Harkin.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. Mr. President, I am pleased to join the Senator from
Iowa, Mr. Grassley, as a cosponsor of his amendment.
As we all know, the reason this is so critical is that the health
care system in rural America is collapsing. For too long the Medicare
reimbursements to urban centers have eclipsed those to rural
communities at such a rate that cities, towns, and villages throughout
rural America are in a real health care crisis.
In our State of Iowa, low reimbursement rates mean we can't recruit
and retain health care professionals. Every time a hospital in Iowa
treats a Medicare patient, it loses money. That cost is shifted to
small businesses, private insurance companies, private payers--in other
words, Main Street, Iowa.
This amendment takes a giant step forward in fixing this problem and
getting us on the path to making sure we in rural States have the same
kind of reimbursements that people do in more urban areas. It would
give rural providers and hospitals, and the communities they serve, the
support they need and deserve.
I urge my colleagues to support its adoption.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that Senator
Stevens be added as a cosponsor to the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, 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 amendment No. 594.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from West Virginia (Mr. Byrd)
and the Senator from Hawaii (Mr. Inouye) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 86, nays 12, as follows:

[Rollcall Vote No. 156 Leg.]

YEAS--86

Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Breaux
Brownback
Bunning
Burns
Campbell
Cantwell
Carper
Chafee
Chambliss
Cochran
Coleman
Collins
Conrad
Cornyn
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Enzi
Feingold
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Jeffords
Johnson
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (NE)
Nickles
Pryor
Reid
Roberts
Rockefeller
Santorum
Sessions
Shelby
Smith
Snowe
Specter
Stabenow

[[Page S6414]]

Stevens
Sununu
Talent
Thomas
Warner
Wyden

NAYS--12

Boxer
Clinton
Corzine
Ensign
Feinstein
Kennedy
Lautenberg
Nelson (FL)
Reed
Sarbanes
Schumer
Voinovich

NOT VOTING--2

Byrd
Inouye

The amendment (No. 594) was agreed to.
Mr. GRASSLEY. Mr. President, I move to reconsider the vote, and I
move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 595 Withdrawn

Mr. GRASSLEY. Mr. President, I move to set aside the Burns amendment
so we can go to the Harkin amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Who yields time?
Mr. BAUCUS. Mr. President, I ask unanimous consent the Harkin
amendment be withdrawn.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.

Amendment No. 596

Mr. GRASSLEY. Mr. President, Senator Collins is ready to speak on her
amendment.
The PRESIDING OFFICER. Without objection, the Senate will proceed to
the Collins amendment.
The Senator from Maine is recognized.
Ms. COLLINS. Mr. President, this bipartisan amendment would provide
$20 billion in much needed fiscal aid to the States. Forty-nine States
are struggling with budget deficits. This won't relieve them of the
obligation to make painful budget choices, but it will recognize the
difficult financial strains under which they are operating.
Half of the money would go for an increase in the FMAP rate under
Medicaid. The other half would be used for a flexible grant program
that would be allocated between the States and localities.
I yield the remainder of my time in favor of the amendment to the
Senator from Nevada, if he wishes to speak.
The PRESIDING OFFICER. The Senator from Nevada is recognized.
Mr. REID. Mr. President, I compliment the Senator from Maine for her
vision in offering this amendment. The State of Nevada is one of the 49
States that is desperate for money. I think this amendment is one of
the best we have had. Again, I compliment the Senator from Maine.
The PRESIDING OFFICER. Who yields time in opposition?
Mr. REID. Mr. President, we yield back whatever time is left.
The PRESIDING OFFICER. Without objection, the opposition time is
yielded back.
The question is on agreeing to the amendment.
The yeas and nays have previously been ordered.
The clerk will call the roll.
The bill clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Idaho (Mr. Craig) and
the Senator from Alabama (Mr. Sessions) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 95, nays 3, as follows:

[Rollcall Vote No. 157 Leg.]

YEAS--95

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
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Enzi
Feingold
Feinstein
Fitzgerald
Frist
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
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden

NAYS--3

Ensign
Lott
Nickles

NOT VOTING--2

Craig
Sessions

The amendment (No. 596) was agreed to.
The PRESIDING OFFICER. The Senator from Montana.

Amendment No. 564

Mr. BAUCUS. Mr. President, I ask unanimous consent that the next
amendment we vote on be the Murray amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Who yields time? The Senator from Washington.
Mrs. MURRAY. Mr. President, the Senate has just taken a step in the
right direction to address the economic crisis that is facing many of
our States and communities by adopting the Collins-Rockefeller
amendment. But I think all of us know our States are facing a very
severe crisis; in fact, the most severe economic crisis since the
Second World War. Many of our State legislatures are facing cuts in
health care, education, and even law enforcement.
Our States are facing deficits as high as $80 billion total, and we
are very concerned because they are threatening to eliminate the health
care coverage of more than 1.7 million Americans.
Today when health care is one of the most difficult decisions our
State legislatures have to make, we need to take the next step so we do
not lose more doctors, more hospitals; that patients do not see
continuing increased costs to their health insurance; and we have
Medicaid patients who are losing coverage.
My amendment takes the next critical step by providing $40 billion
for the relief package. I urge my colleagues to support this amendment.
The PRESIDING OFFICER. The Senator's time has expired.
The Senator from Iowa.
Mr. GRASSLEY. Mr. President, I rise in opposition to the amendment
offered by the Senator from Washington. First, many priorities
identified by Senator Murray have already been addressed in Senator
Collins' amendment. Second, I consider $40 billion for this amendment
to be fiscally irresponsible. I do appreciate the needs for State
fiscal relief, and that is why I supported Senator Collins' amendment.
Therefore, I urge my colleagues to vote against this very costly
amendment.
The amendment offered by the Senator from Washington increases
mandatory spending and, if adopted, would cause the underlying bill to
exceed the committee's section 302(a) allocation. Therefore, I raise a
point of order under section 302(f) of the Budget Act.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, pursuant to section 904 of the
Congressional Budget Act, I move to waive that act for the purposes of
the pending amendment. 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 legislative clerk called the roll.
Mr. REID. I announce that the Senator from Hawaii (Mr. Inouye) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 47, nays 52, as follows:
The result was announced--yeas 47, nays 52, as follows:

[Rollcall Vote No. 158 Leg.]

YEAS--47

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
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

[[Page S6415]]

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

NOT VOTING--1

Inouye

The PRESIDING OFFICER. On this vote the yeas are 47, the nays are 52.
Three-fifths of the Senators duly chosen and sworn not having voted in
the affirmative, the motion is rejected. The point of order is
sustained, and the amendment falls.
The majority leader.
Mr. FRIST. Mr. President, we have just finished our eleventh rollcall
vote in a row, and that is substantial progress. We have been here
since 9:15 this morning, and our goal was to address each of the
amendments in a systematic way. I commend the Chair for addressing
these amendments in a timely fashion. However, we still have a large
number of amendments to dispose of. At this time, we are giving
Senators a chance to catch their breath to go back to their offices,
not for a long time but about 47 minutes, and maybe even grab a bite to
eat. We will resume voting right at 2. Although we will not be voting
over the next 45 minutes or so, it is my hope we will be able to
proceed, which we will, to some opening statements on the bill that
will follow completion of the jobs and growth package, and that is the
global HIV/AIDS bill, which we will be bringing to the floor.
In order to complete the jobs and growth bill and the global HIV/AIDS
bill, we are going to take advantage of this 45 minutes to make some
introductory comments about the global AIDS package.
When the Senate resumes the jobs bill, we will automatically begin
the voting sequence. The first vote in the series at 2 p.m. will be the
normal 15 minutes. Following the first vote, the remaining votes will
be 10 minutes. I say again that the voting limit will be strictly
enforced to allow us to finish our business as early as possible today.

____________________