[Congressional Record (Bound Edition), Volume 147 (2001), Part 4]
[Senate]
[Pages 5607-5672]
[From the U.S. Government Publishing Office, www.gpo.gov]



CONGRESSIONAL BUDGET FOR THE UNITED STATES GOVERNMENT FOR FISCAL YEARS 
                               2001-2011

  The ACTING PRESIDING pro tempore. Under the previous order, the 
Senate will now resume consideration of H. Con. Res. 83, which the 
clerk will report.
  The legislative clerk read as follows:

       A concurrent resolution (H. Con. Res. 83) establishing the 
     congressional budget for the United States Government for 
     fiscal year 2002, revising the congressional budget for the 
     United States Government for fiscal year 2001, and setting 
     forth appropriate budgetary levels for each of fiscal years 
     2003 through 2011.

  Pending:

       Domenici amendment No. 170, in the nature of a substitute.
       Motion to reconsider the vote by which Harkin amendment No. 
     185 (to amendment No. 170), listed above, was agreed to.
       Collins amendment No. 190 (to amendment No. 170), to 
     establish a reserve fund to eliminate further cuts in 
     Medicare payments to home health agencies.
       Stabenow/Johnson amendment No. 191 (to amendment No. 170), 
     to eliminate further cuts in Medicare payments to home health 
     agencies.

                      Amendments Nos. 190 and 191

  The ACTING PRESIDENT pro tempore. The Senate will now resume 
concurrent debate on the Collins amendment No. 190 and the Stabenow 
amendment No. 191 with the time to be equally divided. There will now 
be 10 minutes for explanation prior to votes on or in relation to the 
Collins amendment No. 190 and the Stabenow amendment No. 191.
  Ms. COLLINS. Mr. President, I have offered an amendment that we will 
soon vote on that is intended to eliminate a further cut in Medicare 
reimbursements for home health agencies. The statistics tell the story. 
The combinations of cutbacks in Medicare payments and the onerous 
regulations imposed by the Clinton administration have cost some 
900,000 Medicare patients--often our most frail and vulnerable senior 
citizens, as well as those citizens with considerable disabilities--to 
lose access to their home health care.
  In Maine, more than 11,000 seniors and disabled citizens have lost 
their home health care services. Nationwide, 3,300 home health agencies 
have closed their doors or have stopped serving Medicare patients. And 
looming on the horizon is yet another 15-percent cutback in Medicare 
payments to home health agencies.
  It is scheduled to go into effect on October 1 of next year. If it 
does go into effect, it will have a devastating impact that will 
further jeopardize access to home health services for our senior 
citizens.
  The cutbacks have already caused tragedies. I discussed last night an 
elderly woman with advanced Alzheimer's disease in the State of Maine 
who had a number of other problems, who lost access to her home health 
care services, and as a result died from an untreated infection in her 
foot.
  Surely, one of the dedicated home health nurses would have been able 
to treat that infection before it got out of control. That is just 
typical of the problems being created by the cutbacks in home health 
care.
  My amendment establishes a $13.7 billion reserve fund that can be 
used only to restore Medicare payments to home health agencies. And it 
protects every dime of the Medicare HI trust fund.
  By contrast, my colleague from Michigan has also offered an amendment 
that would take the money set aside for tax relief and place it in the 
Medicare budget account. Once there, the funds could be used for any 
purpose under the Medicare program. Under the amendment of my 
colleague, there is absolutely no guarantee whatsoever that the funds 
would be used for home health care. Indeed, there is no mention at all 
of home health care in the text of the amendment of my friend from 
Michigan.
  In contrast, my amendment would bring us significantly closer to 
restoring Medicare home health payments. It sets aside $13.7 billion 
for home health--and home health alone. It also provides a mechanism to 
move subsequent legislation to eliminate the scheduled 15-percent 
reduction without being subject to a budget point of order.
  I want to make a point clear. Under either approach, subsequent 
legislation will be needed to repeal the 15-percent reduction. That is 
precisely the situation that the reserve fund is designed to address.
  We have used this approach before. We set aside funds in a reserve 
account just last year for the cervical and breast cancer program, and 
subsequently passed authorizing legislation that, because of the 
reserve account, was passed last year.
  Mr. President, I see that my colleague from Missouri, who has been a 
tremendous leader on this issue, is on the floor as well. I want to 
make sure I leave some time for him. Could the Presiding Officer inform 
me how much time I have remaining?
  The ACTING PRESIDENT pro tempore. The Senator has 1 minute remaining.
  Ms. COLLINS. With that, let me yield my 1 minute. But let me make one 
point.
  My amendment is endorsed by the National Association for Home Care 
and the Visiting Nurses Association of America. Those are the two 
organizations representing home health care providers.
  I yield the remainder of my time to the Senator from Missouri.
  The ACTING PRESIDENT pro tempore. The Senator from Missouri is 
recognized for 40 seconds.
  Mr. BOND. Mr. President, a very brief comment, necessarily, on the 
two amendments.
  The Democrats claim the difference is that their amendment will 
guarantee that the money will go to home health care. Unfortunately, 
that is not the way the amendment is drawn. That is not what will 
happen. Basically, the Democratic amendment simply says: You may spend 
more on Medicare, not necessarily on home health. The only thing it 
truly does is cut the money available for tax cuts. That leaves more 
money for spending in any area.
  The Collins-Bond amendment sets aside a reserve fund specifically for 
home health. It cannot be used for anything else.
  I urge my colleagues to support the Collins amendment and to oppose 
the Democratic amendment.
  The ACTING PRESIDENT pro tempore. The time of the Senator has 
expired.
  Ms. STABENOW addressed the Chair.
  The ACTING PRESIDENT pro tempore. The Senator from Michigan.
  Ms. STABENOW. Thank you, Mr. President. Good morning.
  We have in front of us two approaches to addressing home health care 
needs and stopping the 15-percent cut that is scheduled to go into 
effect in October of 2002. I applaud my colleague from Maine for her 
commitment to this issue. I share that commitment, having worked very 
closely for 4 years in the House of Representatives with the agencies 
and associations involved in home health care.
  I know we share a deep concern about the fact that there has been a 
24-percent cut in patient care in home health care settings as a result 
of the Balanced Budget Act. I consider that an unintended consequence. 
I do not believe that it was intended that we see a 30-percent 
reduction in the number of agencies that serve Medicare patients. And 
as a result of that, we have seen this 15-percent cut delayed on three 
different occasions.
  Today is the opportunity for us to send a strong message to the 
patients and families who rely on home health care, and the home health 
care agencies that do such a wonderful job, and say that, in fact, this 
cut will not take effect and they can proceed in providing quality care 
for our families.
  The difference in the approach is that my colleague provides for a 
proposal that says ``if.'' And I will read this: ``subject to the 
condition that such legislation will not, when taken together

[[Page 5608]]

with all other previously-enacted legislation, reduce the on-budget 
surplus below the level of the Medicare . . . Trust Fund:'' Then, and 
only then, would we have $13.7 billion available for home health care. 
Then, and only then, would we stop this incredibly devastating 15-
percent cut that is scheduled to take effect.
  I offer a different approach. It is very simple. We will protect home 
health care, period. We take the $13.7 billion off the top, as they 
say. We take a very minute amount of money away from what is, in 
effect, a $2.5 trillion tax cut that has been proposed by the 
President, to say that we are going to make sure the families of 
America have access to home health care; that seniors can live in 
dignity in their homes; that families who care for moms and dads and 
grandmas and grandpas can make sure that home health care services are 
available so they are not forced to choose a nursing home or another 
institution when it is not appropriate.
  It is very clear; we have two approaches and the same amount of 
dollars. One says: Maybe, if all other things happen, we will stop the 
15-percent cut in home health care.
  My amendment very simply says: We take it off the top. We guarantee 
that we place home health care as a priority.
  It certainly is a priority for our families. It needs to be a 
priority for this Congress. My amendment will simply make sure that 
that is the case.
  I urge colleagues on both sides of the aisle who care deeply about 
home health care to join with me in guaranteeing that home health care 
is a priority of this Congress and to make sure this devastating 15-
percent cut will not, in fact, take place.
  I urge support for the amendment and yield to my colleague and friend 
from North Dakota.
  The ACTING PRESIDENT pro tempore. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, the difference between these two 
amendments is very clear. The Senator from Michigan has an amendment 
that is paid for. The Senator from Maine has an amendment for which 
there will be no money if Medicare is being raided for other purposes, 
which we have seen time after time after time on the floor of the 
Senate over the last 2 days. The choice is very clear. If Senators want 
to support home health care, they had better support the Senator from 
Michigan. It is the only proposal that is paid for.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The majority leader.
  Mr. LOTT. Mr. President, I yield myself such leader time as I might 
need, although I will be brief.
  On the issue before us, the amendment by the Senator from Michigan, 
once again, this is a continuation of what I referred to yesterday: 
Fiddling while Rome is burning. Once again we are going to increase 
spending, albeit in a good cause, and we are going to take it away from 
tax relief for working Americans.
  The Senator from Maine has a better alternative. I say again to all 
who are watching, the pattern is clear--spend more and tax more. That 
is what the Congress has been committed to for so many years, and we 
are trying to change that culture.
  With that, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I will take time off the leader time.
  We always welcome the majority leader to the floor, even when he 
makes statements that don't quite fit the facts. I say to my colleague 
this morning, I think he knows, as we all know, that the choice is not 
the choice between spending and a tax cut. It is really more 
complicated than that. It is the question of what is the appropriate 
mix of tax cut, debt paydown, and reserving resources for these high-
priority domestic needs such as improving education and a prescription 
drug benefit.
  The most stark differences are that we have reserved much more of the 
projected surplus for the paydown of national debt. They have a tax cut 
that is about twice as big as ours. We have about twice as much 
reserved for the paydown of our national debt, both short-term and 
long-term. We think that is a better set of priorities. We have also 
reserved additional resources for improving education and for a 
prescription drug benefit and for strengthening our national defense. 
We think those are the priorities of the American people.
  The President has said very often this is the people's money. We 
agree with that. Absolutely, this is the people's money. Some of it 
should be returned to them in a tax cut. Some of it should be used to 
pay down our collective national debt. After all, that is the people's 
debt. We also ought to strengthen Social Security because that is the 
people's Social Security program. We ought to improve education for our 
kids because, after all, they are our kids. We also ought to do 
something about a priority that is as important as home health care. 
The Senator from Michigan has an amendment that is paid for, that would 
provide an assurance that the resources would be available to improve 
home health care. It deserves our support.
  I reserve the remainder of leader time and yield the floor.
  The PRESIDING OFFICER (Mr. Allen). The question is on agreeing to the 
Stabenow amendment No. 191.
  Ms. STABENOW. 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 legislative clerk called the roll.
  The result was announced--yeas 47, nays 53, as follows:

                      [Rollcall Vote No. 73 Leg.]

                                YEAS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--53

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner
  The amendment (No. 191) was rejected.


                       vote on amendment no. 190

  The PRESIDING OFFICER. The question is now on agreeing to the Collins 
amendment.
  Ms. COLLINS. 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 99, nays 1, as follows:

                      [Rollcall Vote No. 74 Leg.]

                                YEAS--99

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)

[[Page 5609]]


     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Byrd
       
  The amendment (No. 190) was agreed to.
  Mr. DOMENICI. I move to reconsider the vote.
  Mr. CONRAD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DOMENICI addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. I understand we have an order entered as to how we 
proceed. I want to take 5 minutes off the resolution just to talk with 
the Senate a little bit about where we are. I understand my friend 
wants to do the same. He is not limited, of course, to 5 minutes. But I 
want to start that.
  Mr. President, I want Senators to know that both of us, as managers 
of this bill, find ourselves in a position where there are some very 
big conflicting desires. One desire is that we finish by noon tomorrow. 
It seems to be a rather pervasive one going around. Whenever you say: 
Would you like to finish at 12 tomorrow, the roof goes down with shouts 
of, ``Alleluia. Let's do it.''
  We are trying to figure out how we can do that. The problem, fellow 
Senators--I speak to all Senators; and then my friend can speak to all, 
and he can include ours in his comments--it is not possible to do that. 
Some Senators have five, some have six, some requested three 
amendments. I don't know if there is anybody with any higher than six 
that we are aware of, but we have all these requests for amendments, 
and we want everybody to know we are aware of that. But we also want 
everybody to know that we are going to have to soon find a way to limit 
our time. When that happens, it is not going to be possible that all of 
these amendments are going to be considered. We have a time agreement 
now that says Senators who have amendments and want them considered 
have to get them turned in by 2 o'clock today. That is in just a few 
hours.
  I hope my recalling that to Senators does not bring another rash of 
amendments. If you have them ready, I am hoping you will get them down 
here. I hope I did not remind you to come up with more because 
essentially there is not going to be time for more.
  We are going to have to get our heads together--that is, the two 
leaders and the two managers--to talk about how we are going to attempt 
to assure Senators that we will be finished tomorrow at 12 o'clock. In 
that process, we have no way of setting a list of 40, 50 amendments 
that are all going to be considered. I think you understand that would 
not be the case. If we used all the time we have, many Senators would 
not get their amendments up other than a vote-athon. We are trying very 
hard to limit the vote-athon so it is credible, rational, and so people 
have a couple minutes and we don't just start voting.
  With that, I urge anybody on our side who has amendments that they 
absolutely feel must be considered to talk with us. If they can get by 
with one amendment, if they have three pending and will put two of them 
in the vote-athon, and then get them one after another, and very 
quickly, we will very much appreciate that.
  We are trying our best. All Senators should know we are trying to get 
a consent agreement so that we will be out of here by 12 tomorrow. That 
means people will get pushed back in terms of the number that can be 
considered and the time that can be used on amendments. We are going to 
do our very best on our side. We think we know the Senators who have 
insisted and worked very hard to make sure they get an opportunity. We 
are going to try to protect that.
  Beyond that, I don't think we can guarantee very much. If indeed 
Senators want us to lead them to the promised land, the promised land, 
we thought, was to have a unanimous consent agreement sooner rather 
than later, saying we will be finished at 12 tomorrow.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I ask for 3 minutes off the resolution.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Mr. President, I repeat the theme of the chairman of the 
Budget Committee on this question of what we have before us. We have 
had Members come to us and say: We very much want to conclude our work 
by noon tomorrow.
  We want to be faithful to that charge. It is absolutely not possible 
to do that and to consider all of the amendments that have been 
reported to us. We have over 110 amendments. If we go into a vote-athon 
with 110 amendments, that will take 40 hours to complete with 3 votes 
an hour being conducted.
  It is very important that the message go out to our colleagues: It is 
now time for us to exercise self-discipline. Every Senator has the 
right to offer their amendment and get it considered under the rules of 
the Budget Act. Unfortunately, that means if individual Members insist 
on their right to offer each and every one of the amendments that has 
been prepared, we are going to be here through Monday. That is just the 
hard reality of calculating the number of amendments, the amount of 
time, and how long it takes to vote. If people want to be here through 
Monday, voting every 20 minutes on an amendment, we can do that. Or we 
can exercise self-restraint and self-discipline and work with the 
managers and work with the leadership and winnow down the number of 
amendments and enter into time agreements so we can dispose of 
amendments as quickly and efficiently as possible.
  One other thing: It is very important that we not have to hold the 
vote open for 30 minutes so colleagues who are late have a chance to 
vote. We want every colleague to have a chance to vote. We hope they 
will consider their other colleagues. We are going to wind up being 
very late here night after night if we don't exercise that restraint.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, if I could have the attention of my 
colleagues from North Dakota as well as New Mexico, I have an amendment 
I will offer with Senators Biden, Nelson, and Daschle. I ask unanimous 
consent that our 30 minutes on this amendment be divided so that 
Senator Biden of Delaware will be first to speak for 10 minutes, 
Senator Nelson of Florida for 5 minutes, and that I will speak for the 
last 15 minutes.
  Mr. REID. Mr. President, if I may just say, the Senator from North 
Dakota has asked to use all the time on the resolution. It is my 
understanding that the Senator from North Dakota would like to save 
some time on the amendment. I am sure the Senator from North Dakota 
would yield time on the resolution as the Senator indicated and reserve 
the time on the amendment.
  Mr. DURBIN. I thank the Senator. If it is permissible at this point 
to go ahead with this arrangement.
  Mr. REID. The arrangement would be fine, but the time would be off 
the resolution, not off the amendment.
  Mr. DURBIN. I ask unanimous consent then that the next 30 minutes of 
debate on the amendment I am sending to the desk be allocated as I have 
suggested.
  Mr. DOMENICI. Mr. President, reserving the right to object--I must 
apologize to the Senator--would he please repeat the request.
  Mr. DURBIN. I am asking that 30 minutes of the debate that will 
follow on the amendment be allocated 10 minutes to my colleague from 
Delaware, Senator Biden, and 5 minutes to the Senator from Florida, Mr. 
Nelson, and that I have the last 15 minutes of that 30 minutes.
  Mr. REID. The time will be yielded off the resolution.
  Mr. DOMENICI. I understand that the time would not come off the 
amendment but off the resolution.

[[Page 5610]]


  Mr. DURBIN. That is my understanding.
  Mr. DOMENICI. I have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 202

  Mr. DURBIN. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant bill clerk read as follows:

       The Senator from Illinois [Mr. Durbin], for himself, Mr. 
     Biden, Mr. Lieberman, and Mr. Daschle, proposes an amendment 
     numbered 202.

  Mr. DURBIN. 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 call for immediate action by the United States Senate on 
  passage of an Economic Stimulus Package in FY01 and to provide for 
    further tax cuts in Fiscal Years 2002-11 as part of a fiscally 
    responsible budget that ensures maximum feasible debt reduction)

       On page 2, line 17, decrease the amount by $31,140,000,000.
       On page 2, line 18, decrease the amount by $10,606,000,000.
       On page 3, line 1, increase the amount by $12,100,000,000.
       On page 3, line 2, increase the amount by $33,077,000,000.
       On page 3, line 3, increase the amount by $57,444,000,000.
       On page 3 line 4, increase the amount by $67,821,000,000.
       On page 3, line 5, increase the amount by $73,414,000,000.
       On page 3 line 6, increase the amount by $71,119,000,000.
       On page 3, line 7, increase the amount by $80,281,000,000.
       On page 3, line 8, increase the amount by $64,625,000,000.
       On page 3, line 13, increase the amount by $31,140,000,000.
       On page 3, line 14, increase the amount by $10,606,000,000.
       On page 3, line 15, decrease the amount by $12,100,000,000.
       On page 3, line 16, decrease the amount by $33,077,000,000.
       On page 3, line 17, decrease the amount by $57,444,000,000.
       On page 3, line 18, decrease the amount by $67,821,000,000.
       On page 3, line 19, decrease the amount by $73,414,000,000.
       On page 3, line 20, decrease the amount by $71,119,000,000.
       On page 3, line 21, decrease the amount by $80,281,000,000.
       On page 3, line 22, decrease the amount by $64,625,000,000, 
     and add the following
       (a). Findings.--The Senate finds:
       (1) That the economy of the United States has consistently 
     grown since 1993, providing increasing prosperity for 
     millions of hardworking Americans;
       (2) That the pace of growth of the economy of the United 
     States was measured at only one percent in the fourth quarter 
     of 2000;
       (3) That debt reduction is effective in stimulating capital 
     investment that promotes long-term growth;
       (4) That the President and Vice President of the United 
     States have noted that the economy of the United States is in 
     need of a stimulus;
       (5) That the Democratic Leader of the United States Senate 
     and other Members of the Democratic Caucus have called for 
     immediate passage of a $60 billion Economic Stimulus Package;
       (6) That the Chairman of the Senate Committee on the Budget 
     has included in his FY02 budget substitute a $60 billion 
     Economic Stimulus Package;
       (7) That the Ranking Member of the Senate Committee on the 
     Budget has also called for a $60 billion Economic Stimulus 
     Package;
       (b). Sense of Senate.--It is the Sense of the Senate that 
     the levels in this resolution assume that the Senate should 
     discharge H.R. 3 from the Senate Committee on Finance, begin 
     floor consideration of H.R. 3 immediately after passage of H. 
     Con. Res. 83, strike all after the enacting clause and insert 
     the text of the agreed upon $60 billion Bipartisan Economic 
     Stimulus Package, including an immediate economic stimulus 
     check for all payroll and income taxpayers and a permanent 
     reduction of the fifteen percent income tax bracket to a ten 
     percent tax bracket, and proceed to a vote on final passage 
     prior to April recess.

  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. BIDEN. Mr. President, I thank the Senator from Illinois.
  This is a simple amendment. It is an amendment that everyone here, on 
both sides of the aisle, should be able to support.
  When President Bush was campaigning during the Republican primaries, 
he announced a 10-year across-the-board income tax cut plan. He said 
that increasing the budget surplus meant the Government was taking much 
too much money.
  Steve Forbes had his flat tax, and Mr. Bush had his tax cut plan. He 
offered that plan at a time--to repeat what has been said on the floor 
before--when our economy was booming, when the stock market was still 
climbing. In late 1999, when the campaign was beginning and this plan 
was offered, the economy was growing at 8.5 percent. That is a very 
different circumstance than we have today. We just found out that the 
economy was still growing in the first quarter of this year, but not at 
8.5 percent, at 1 percent.
  The President has told us the plan he came up with in the campaign 
when the economy was expanding was exactly the right size for the 
economy at that time. Now he is trying to tell us it is exactly the 
size for the economy at this time.
  President Bush has admitted that his plan fails to get enough money 
out to people at the start of his plan, right now, while the economy is 
at a low point, while consumer confidence is bumbling around down 
there, and while people are slowing up on their purchases, slowing up 
on buying durable goods, and beginning to wonder whether or not the 
economy is going to take a further tailspin or recover, although 
consumer confidence bumped up slightly.
  The vast majority of the President's tax cut actually happens many 
years from now. It can't have any effect on the economic problems we 
face today, on the sluggishness of our economy, and our concerns for 
recession. In fact, 95 percent of the President's tax cut takes effect 
after the year 2003. His plan, whatever else we may make of it, is not 
designed in any way, shape, or form, to stimulate the economy in the 
short run.
  One thing everyone seems in agreement on is what we should be doing. 
At least what we should be doing is stimulating the economy in the 
short run. The President himself acknowledges this. In fact, so does 
the Republican budget resolution before us today. My friend, the 
chairman of the Budget Committee, has included $60 billion for a 
stimulus proposal in this resolution. Senator Durbin, Senator Nelson of 
Florida, Senator Lieberman, and I suggest that we act on that. We are 
offering an amendment, with the same $60 billion cost this year as in 
the Republican plan, that will put money in the pockets of everyone who 
works for a living and pays payroll taxes.
  If this were to become law, as soon as 2 or 3 months from now, we 
will be able to send a $600 check to eligible couples, $300 to single 
taxpayers. We also permanently drop--and the President proposes as 
well--the income tax rate from 15 to 10 percent. This is a permanent 
cut that affects everyone who pays income tax at the highest and lowest 
brackets.
  The President has a similar proposal, but ours would go into effect 
immediately. That would mean an additional $300, on average, per person 
per year on top of the payroll tax rebate check for a married couple 
through lowering withholding from their paychecks, having lowered the 
lowest rate from 15 to 10, as the President proposes. That extra 900 
bucks per family this year is real money. It is real money for working 
families, and it has real consequences.
  As strange as it may sound, it means a couple that is withholding the 
purchase of a new toaster or refrigerator or microwave or a durable 
product that folks like us don't withhold buying now--we are not the 
reason the economy is slowing down. Everybody always talks about how 
the Senate is made up of millionaires. I wish I were one of them. But 
there is no millionaire in this place who is not spending their money. 
They are not the reason the economy is slowing down.
  Average folks, the folks I grew up with, they are the ones who are 
causing the economy to slow because they are not spending their money. 
They have lost confidence in the economy. So if we are going to have 
any hope of an impact beyond what I believe is needed--the monetary 
stimulus that Mr. Greenspan, hopefully, will continue to

[[Page 5611]]

provide, this is the only fiscal stimulus that is available to us.
  That extra $900 per family, as I said, is real money. It exceeds what 
they would get under the whole plan, in some cases, of the President. 
This will mean a lot of people and businesses that depend on them will 
be able to purchase and sell, keep people employed, keep the economy 
going. This money would get out this year, and to give a $60 billion 
jump start to the economy is something, if I read the budget resolution 
correctly, if I listened to the rhetoric I have heard from Democrats as 
well as Republicans, as we all acknowledge is needed--maybe the 
argument will be it is not enough of a stimulus. Some argue it is too 
much. I don't know anybody arguing that we don't need a stimulus.
  This is something I think we can all agree on: the need for a tax cut 
that actually does something to lift the sagging economy here and now. 
By the way, as our friend from Arkansas stood up, Senator Blanche 
Lincoln, a couple weeks ago, I was surprised when she listed how many 
people in her State would not benefit from any aspect of the 
President's tax cut because all they do is pay payroll taxes. Nothing. 
This will see to it that everybody--those folks, real live folks we all 
say we care about, will get a tax cut, and they will get it now. So the 
two benefits it has for that cadre of people is, one, they get it now 
and, two, they get it.
  Under the existing proposal of the President, they don't get it, 
period. I hope we get it and figure it out.
  The amendment I am speaking to today, along with my friend from 
Illinois and my friend from Florida, who will speak next, simply says 
we should put our money where our mouth is. Both parties in the Senate 
agree on a $60 billion stimulus plan, and we should act as soon as 
possible. This amendment calls on us to take the first tax bill that 
comes over from the House, substitute our $60 billion economic stimulus 
plan with this bipartisan support, pass it right away, and within weeks 
get money into people's hands.
  I say to my friends on both sides of the aisle, if you believe in 
doing something right now to pump some life into the economy, this is 
your chance. Whatever you make of this $2 trillion-plus tax cut cost by 
the President, whatever you make of its size or its distribution, this 
amendment does what tax cuts alone do not do--it puts money now, real 
money, into the hands of every taxpayer in the country in time to 
respond to the real needs of the economic stimulus. It is not based 
upon some pie-in-the-sky expectation of what is going to happen over 10 
years based upon the growth of the economy and us limiting spending.
  I thank my colleague for listening. Whatever time I have left, I 
yield to my friend from the State of Florida.
  The PRESIDING OFFICER. The Senator from Florida is recognized. The 
remaining time is 1 minute 2 seconds.
  Mr. BIDEN. I ask unanimous consent that the remaining time be yielded 
to my friend from Florida.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. NELSON of Florida. Mr. President, I had requested 5 minutes, so 
would you prefer that I go ahead and take it, or let the Senator from 
Oregon go ahead, and I will be happy to speak after him? What is the 
pleasure of the Senator from Oregon?
  Mr. SMITH of Oregon. I say to my friend, I am awaiting the arrival of 
the senior Senator from Oregon, Mr. Wyden, who will be here 
momentarily. If the Senator won't be long, why doesn't he go ahead and 
we will wait.
  The PRESIDING OFFICER. The Senator from Florida is recognized for 5 
minutes.
  Mr. NELSON of Florida. Mr. President, I thank Senator Biden for his 
comments on the introduction of this particular amendment. He has 
spoken to the stimulus of the tax package and why we need in a 
declining economy, which, of course, we hope rebounds, but because 
there is an indication that the economy is on the decline, we don't 
need a tax cut to take effect mainly in the last 5 years of the next 
decade; we need it to take effect now, to inject some financial, some 
fiscal stimulus into the economy so we can come out of the slump. That 
is what Senator Biden has addressed.
  I wish to address another part of this particular amendment, and that 
is the part of debt reduction, because this amendment takes a portion 
from the President's proposed tax cut, lowers that tax cut, changes the 
nature of that tax cut to an immediate fiscal stimulus, and has further 
a reduction of the national debt down to a level of approximately $500 
billion after the decade, after the 10-year period for which we are 
planning.
  Now, why is this important? First of all, it is very important 
because that is what the people of America want. For decades we have 
been living in an economy that has been driven by annual deficits; that 
is, when the Federal Government is paying more out than it has coming 
in in tax revenues. And the difference--since we spend more than we 
have in tax revenues--is what we have to borrow each year, called the 
annual deficit. That deficit then, is added each year, and cumulatively 
the national debt becomes greater and greater. That figure today on the 
publicly held national debt is about $3.4 trillion.
  Well, not until a year ago did we ever seriously think that we could 
confront the fact of paying down the national debt, until suddenly we 
realized that we were in this surplus condition. Now we don't know what 
the surplus is. We say, in the last estimate, that it is $5.6 trillion 
over the next 10 years. New estimates are saying it is much lower than 
that, and that it is really about $4.2 trillion. But if we keep going 
into a declining economy, the surplus could dwindle to significantly 
less than we are projecting. But we do know there is a surplus there, 
at least for the foreseeable future.
  So all of this is to say that is why the people out there in 
America--and I can tell you in my State of Florida--clearly are giving 
us the message that in this time of beneficence, as a result of the 
prosperity that we have experienced in the last decade, they want us to 
use that prosperity to start paying down the national debt, as well as 
giving a substantial tax cut. That is just good economic common sense. 
That is what we all do in our individual budgets. We want to pay down 
debt, get ourselves debt free so we have a much more stable financial 
condition. So, too, with our country.
  In our country there is a little bit of difference. In the $3.4 
trillion of publicly held debt, there is some of that debt, as Mr. 
Greenspan testified in front of our Budget Committee, which you would 
not necessarily be able to pay off right away because it is long-term 
bonds and the Federal Government would have to pay a premium to pay 
those off. That overall publicly held debt is estimated to be about 
half a trillion dollars, $500 billion, which would be difficult to pay 
off without paying a premium.
  This amendment brings down, over a 10-year projection, that publicly 
held debt to a level at which we would not have to pay a penalty or a 
premium to pay off, and that is estimated at $500 billion at the end of 
the decade.
  That is common sense. That is good fiscal discipline. That is good 
fiscal and economic policy, and it is what the people of our country 
want.
  If we have an opportunity to pay down our national debt, we ought to 
do it. That is being good stewards of our national economy.
  That is the message I wanted to bring as this amendment being offered 
by Senator Durbin is considered by the Senate.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator's time has expired. The Senator 
from North Dakota.
  Mr. CONRAD. Mr. President, I yield myself 3 minutes off the 
resolution.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. CONRAD. Mr. President, I commend the Senator from Florida, who is 
a very distinguished member of the Budget Committee, for his remarks 
and for the contribution he has made to the work of the committee in 
this his first year in the Senate. Of course, he is a veteran of 
Congress because he served with distinction in the House of 
Representatives. He has been through the

[[Page 5612]]

1980s and saw firsthand what happened when very serious fiscal mistakes 
were made.
  The Senator from Florida has been one of the strongest voices in the 
Senate Budget Committee saying: Let's not repeat those mistakes; let's 
be serious and sober; let's take a look at the fact that these 
surpluses are projected, they are forecasted; they are not in the bank; 
and let's dedicate most of that projected surplus to debt reduction.
  Yes, we can spend some money. Yes, we can have a significant tax cut. 
Yes, we can provide additional resources for improving education, as we 
did yesterday, and provide a prescription drug benefit, as we did the 
day before yesterday. Yes, we can strengthen our national defense, as 
we did last night, over what is in the President's budget. Those are 
investments. That is prudent spending.
  The primary emphasis ought to be: Keep our eye on the ball; keep 
paying down this national debt. That is what is going to be a time bomb 
for this country if we fail to keep the pressure on paying down this 
national debt. That is what this Durbin amendment is about.
  The Durbin amendment does two things. It says: Reduce the size of the 
President's tax cut and with that money pay down more of this debt. 
Second, it says we have money in this year's budget that will permit an 
immediate fiscal stimulus.
  The PRESIDING OFFICER (Mr. Allard). The Senator's time has expired.
  Mr. CONRAD. I yield myself an additional minute. We have money in 
this year's budget for an immediate fiscal stimulus of $60 billion. On 
both sides, we have agreed that is necessary, that is important. Let us 
do it, and let us do it before we leave on the April work break. Let us 
do it now. Let us inject these funds into the economy to give some lift 
so that America can regain some sense of confidence that the fiscal 
affairs of the country are being managed in a way that affects this 
economic downturn in a positive manner.
  Again, I thank the Senator from Florida who has been such a valued 
member of the Senate Budget Committee. I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan. Who yields time to 
the Senator?
  Mr. CONRAD. How much time would the Senator from Michigan like?
  Ms. STABENOW. I request 5 minutes.
  Mr. CONRAD. I yield 5 minutes off the resolution to the Senator from 
Michigan.
  Ms. STABENOW. I thank my esteemed leader from North Dakota.
  Mr. President, I rise today to congratulate my colleagues, my friends 
from Florida and Delaware and the Senator from Illinois, the author of 
the amendment, on this approach of putting dollars directly into 
people's pockets as a part of this budget process.
  We do that in three ways: First, through an immediate tax cut. The 
President has proposed a tax cut, most of which would not take effect 
for at least 6 years. We know that is not what is needed in this 
economy. We need to be putting dollars directly into people's pockets 
immediately as a stimulus. This would do that.
  Secondly, we put money into people's pockets by lower interest rates. 
We must keep the economy going. One of the reasons the economy has done 
as well as it has in the last 8 years is because we began to 
systematically pay down the debt so our mortgage payments could go 
down, our car payments could go down, college loan payments could go 
down. That is a second way we put money back in people's pockets.
  The third way is to guarantee we keep this economy going so people 
have a job. This package does all three of those things. It stimulates 
the economy so we can continue to focus on creating good-paying jobs 
for people so they can care for their families and have the resources 
they need.
  It puts tax dollars, this year, directly into people's pockets, and 
it puts dollars in their pockets by allowing them to refinance their 
mortgage, as we continue to pay down the debt so interest rates come 
down.
  It is incredibly important we act immediately. We heard over and over 
in the Budget Committee that if we were going to have any impact 
through a tax cut, it needs to be immediate. We can do that immediately 
and at the same time address debt reduction and critical investments 
that we know will help keep the economy going for the future.
  I support these efforts. It is very important we act immediately. We 
can do that right now. We can make a difference for families right now 
and stimulate this economy immediately so we can continue to make sure 
that families benefit from the economy we have had of the last 8 years.
  My distinguished colleague from Illinois, who is the chief sponsor 
and leader in this effort, is in the Chamber. I yield back my time and 
give the Senator from Illinois an opportunity to address his amendment.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, on behalf of Senator Domenici, I ask 
unanimous consent that the Durbin amendment be laid aside and that 
Senator Bennett be recognized to offer an amendment.
  I further ask consent that the debate run concurrently on both first-
degree amendments and be limited to 60 minutes equally divided, and 
following that time, the amendments be laid aside.
  I further ask consent that no amendments to these amendments be in 
order prior to the votes just described and the votes occur in a 
stacked sequence, first, in relation to the Durbin amendment, and then 
in relation to the amendment offered on behalf of Senator Domenici, 
beginning at 6 p.m., with 10 minutes for closing remarks equally 
divided prior to the 6 p.m. stacked votes.
  The PRESIDING OFFICER. Is there objection?
  Mr. DURBIN. Reserving the right to object.
  Mr. SMITH of Oregon. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Reserving the right to object, the only reservation I 
have is I hope I have an opportunity at this time to speak for about 15 
or 20 minutes on my amendments as we had agreed to under a previous 
unanimous consent agreement.
  Mr. BOND. Mr. President, so long as it comes off the time of the 
amendment, there is no objection on this side.
  Mr. CONRAD. Reserving the right to object, the previous agreement 
with respect to the Senator from Illinois was that the 20 minutes he 
had reserved would come off the resolution, not off the amendment. We 
will now be changing a previous agreement if we do that.
  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.


       UNANIMOUS CONSENT REQUEST--AUTHORITY FOR COMMITTEE TO MEET

  Mr. NICKLES. I ask unanimous consent the Committee on the Judiciary 
be authorized to meet to conduct a hearing on Thursday, April 5, at 
10:00 a.m. in Senate Dirksen 226.
  Mr. CONRAD. I object.
  The PRESIDING OFFICER. The objection is heard.
  Mr. NICKLES. 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. DOMENICI. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I thank everyone for helping on this agreement. I think 
we have reached an agreement with which everybody agrees.
  I ask consent the Durbin amendment be laid aside and Senator Bennett 
be recognized to offer an amendment.
  I further ask consent the debate run concurrently on both first-
degree

[[Page 5613]]

amendments--both of them--and be limited to 60 minutes equally divided 
in the usual form and, following that time, the amendments be laid 
aside.
  I further ask consent that no amendments to those amendments be in 
order prior to votes just described and the votes occur in a stacked 
sequence, first in relation to the Durbin amendment and then in 
relation to the Bennett amendment, beginning at a time determined by 
the two leaders. Further, I ask consent that following that debate, 
Senator Smith of Oregon be recognized to offer an amendment and there 
be 15 minutes of debate equally divided between Senator Smith and 
Senator Wyden and, following that debate, the amendment be temporarily 
set aside.
  The PRESIDING OFFICER. Is there objection?
  Mr. DURBIN. Mr. President, reserving the right to object, the only 
point I would like to add is that after Senator Bennett's second-degree 
or substitute amendment is laid down, I would like to have right of 
recognition first.
  The PRESIDING OFFICER. Is there objection?
  Mr. CONRAD. Let me be clear. What the Senator from Illinois is 
asking, as I understand it, is after Senator Bennett's amendment has 
been laid down, that he receive the first right of recognition.
  Mr. DURBIN. That is correct.
  Mr. CONRAD. Is that acceptable?
  Mr. BYRD addressed the Chair.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, reserving the right to object, I would like 
to see this written agreement. I may not have objection, but I would 
like to see what we are doing.
  Mr. DOMENICI. Fine.
  Mr. BYRD. Mr. President, I withdraw my reservation.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Utah is recognized.


                           Amendment No. 216

  Mr. BENNETT. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Utah [Mr. Bennett] proposes an amendment 
     numbered 216.

  Mr. BENNETT. 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 call for a quick stimulus for the American economy, linked 
    to a long-term stimulus to guarantee economic expansion and job 
 creation, and oppose a $439 billion tax increase that would threaten 
                            economic growth)

       On page 2, line 17, decrease the amount by $31,140,000,000.
       On page 2, line 18, decrease the amount by $10,606,000,000.
       On page 3, line 1, increase the amount by $0.
       On page 3, line 2, increase the amount by $0.
       On page 3, line 3, increase the amount by $0.
       On page 3, line 4, increase the amount by $0.
       On page 3, line 5, increase the amount by $0.
       On page 3, line 6, increase the amount by $0.
       On page 3, line 7, increase the amount by $0.
       On page 3, line 8, increase the amount by $0.
       On page 3, line 13, increase the amount by $31,140,000,000.
       On page 3, line 14, increase the amount by $0.
       On page 3, line 15, decrease the amount by $0.
       On page 3, line 16, decrease the amount by $0.
       On page 3, line 17, decrease the amount by $0.
       On page 3, line 18, decrease the amount by $0.
       On page 3, line 19, decrease the amount by $0.
       On page 3, line 20, decrease the amount by $0.
       On page 3, line 21, decrease the amount by $0.
       On page 3, line 22, decrease the amount by $0.


                           Amendment No. 202

  The PRESIDING OFFICER. Under the previous order, the Senator from 
Illinois is recognized.
  Mr. DURBIN. Mr. President, this may be one of the most important 
debates we will have about this budget resolution because at issue in 
this debate, with the Durbin amendment and the Bennett amendment, is a 
very simple proposition. It is this: America's economy needs a shot in 
the arm. It needs help immediately--not a year from now, not 5 years 
from now, not 6, 7, 8, 9, or 10 years from now, but immediately.
  What I am proposing with the Durbin amendment is to take from the 
surplus of some $97 billion, which we know we will have this year on 
the budget we are debating, $60 billion of that surplus and return it 
to the American people as quickly as we can prudently return it so we 
will give that spending power back to families in America immediately. 
That is what I am proposing.
  The amendment by the Senator from Utah proposes to stay with 
President Bush's approach. They believe in it on their side of the 
aisle. I understand that. But they will have to concede this point. If 
they prevail, there will be no immediate relief for taxpayers--none, 
zero, no help. I can tell you for families across Illinois and across 
the Nation there is an immediate need for a helping hand.
  Let me tell you about this amendment.
  Mr. NICKLES. Mr. President, will the Senator yield for a second?
  Mr. DURBIN. Yes.
  Mr. NICKLES. I inform my colleagues that the Bennett amendment takes 
the two tax accelerations that the Senator from Illinois has in his 
first 2 years. If I am correct, the Senator has an additional tax 
increase of $31 billion in 2002 and $11 billion in 2003. We put that in 
our amendment. The difference is that we reduce or eliminate the tax 
cut, and in subsequent years we drop that. But we took the first 2 
years of accelerated tax cuts that the Senator has, and that is going 
to be in the Bennett amendment.
  Mr. DURBIN. I see there has been a modification to the amendment 
since it was given to us earlier. I thank the Senator from Oklahoma for 
clarifying that point.
  If there are any additional modifications, I hope you will bring them 
to our attention as well.
  Let me tell you what we are proposing with this tax stimulus package: 
a one-time tax refund check for all people who pay income or payroll 
taxes of $600 per couple and $300 per individual. A new 10-percent tax 
bracket applies to the first $12,000 of income for every married couple 
in America, whatever their gross income may be, and $6,000 for single 
filers. The total 2001 tax cut will be $900 per couple and $450 per 
individual.
  This is the first step in the Democratic tax cut agenda. The reason 
why people believe this is an important first step is that it deals 
with reality, and not with speculation. It deals with the reality of an 
economy that has slowed down and the reality of families who need a 
helping hand.
  It provides a rebate to families, and within a matter of weeks they 
will be receiving it. This kind of timely tax assistance is going to be 
important across the Nation. Whether you are paying electric bills in 
California, or heating bills in Illinois, you have had a tough winter.
  I can tell you from my family experience and the people I have spoken 
to in my State that their heating costs have gone up. People are 
saying: We would like a helping hand, Senator. If you are going to talk 
about tax relief, don't talk about a theory in the future. Help us now. 
Show us that this is something beyond political chin music and that you 
are actually dealing with reality.
  The Durbin tax cut applies immediately. Let me tell you why it is 
important. The Democratic stimulus plan would provide immediate tax 
cuts for all taxpayers.
  President Bush's tax cut of $1.6 trillion, which was his first 
proposal, leaves behind 23 million taxpayers in America. The 
Republicans supporting this proposal say they aren't really taxpayers; 
that all they pay are payroll taxes; and they do not pay real taxes. 
Tell the 23 million Americans who pay payroll taxes but not income 
taxes

[[Page 5614]]

that they aren't facing a tax burden. They are. Quite honestly, they 
are the people who are facing a tougher burden than most because they 
are in lower income categories.
  The President right now is holding the economy hostage. He is holding 
it hostage to his $1.6 trillion proposal. What Senator Bennett and 
others have said is, if you want to talk about an immediate stimulus, 
you can only have it if you buy the whole program. You have to buy the 
whole package. You have to accept $1.6 trillion over 10 years or we are 
not going to be signing up for any kind of stimulus right now.
  I think that is very shortsighted. I don't think it is fair to 
families across America. I don't think it is responsible to the real 
serious economic problem that we face. Our plan is fiscally 
responsible.
  The Senator from Oklahoma makes an important point. We believe the 
overall tax cut, the long-term tax cut, should be a responsible, 
prudent, manageable figure, and something that won't drive us back into 
deficits.
  The Republicans think that the President's projections of what will 
happen to America 5 or 10 years from now are as reliable as they can 
be.
  We know that 6 months ago when Chairman Greenspan, our economic guru 
in America, was looking at the economy he got it all wrong. Six months 
ago he said we had to raise interest rates; that the economy was 
heating up too fast. He was wrong. This man with all the information 
and all of the wisdom didn't get it right. But the White House is 
telling us that the President can get it right--not just 6 months from 
now but 6 years from now; he can tell you what the American economy is 
going to produce. If you were a stockbroker or an adviser, you could 
get rich if you had that kind of confidence in the end results. 
Ordinary people don't. Economists are often wrong.
  Let me tell you about this tax cut and what it means.
  The American income tax system is a system built on stair steps. 
Everybody pays the bottom rate of 15 percent. Then, of course, as your 
income increases, the incremental dollars are taxed at different 
levels--28 percent, 31 percent, 36 percent, and beyond.
  We are proposing a permanent tax cut for all Americans across the 
board who pay income taxes from 15 percent to 20 percent so that the 
richest in America as well as those in the lowest income categories 
paying income taxes will benefit.
  The President's proposal, on the other hand, says, let's provide the 
lion's share of the benefits to those right here at the highest income 
categories. The President's tax cut gives 43 percent of all the tax 
benefits to people making over $319,000 a year--43 percent. That is not 
fair.
  The Democratic approach says everyone benefits across the board. The 
richest down to the lowest in income pay an income tax. The Durbin 
amendment provides that tax relief.
  Let me give you an idea why that is important. Eighty-one percent of 
all the taxpayers' benefits will go to those who pay the 15-percent 
rate on income tax. When we reduce this rate, it means that 81 percent 
of the taxpayers in America are going to benefit from this rate cut.
  If you just provide the rate cuts for the higher income categories, 
you can find that, frankly, smaller and smaller percentages of 
Americans will benefit.
  We want the benefit to go to everyone in America. I can tell you that 
the home heating bills in Illinois went to people of all income 
groups--not just to the poor or to the rich but everybody. The folks 
who got hit the hardest were those in the lower income categories.
  When you take a look at the source of individual tax collection in 
America, here is an interesting statistic: 57 percent of the individual 
tax collection comes from income taxes and 37 percent from payroll 
taxes.
  Do not forget that President Bush in his tax cut and Senator Bennett 
in his amendment leave these people behind. They do not provide the 
assistance that is needed so that people paying payroll taxes also get 
some benefit from the tax cut.
  If you look at the total Government revenues by source, you can see 
that 50 percent comes from the income tax but 32 percent comes from 
payroll taxes.
  President Bush ignores this reality. President Bush's tax cut does 
not provide that kind of tax benefit.
  Let's talk for a moment about a stimulus and whether it is needed. I 
am going to quote some sources of which I think Senator Bennett will be 
proud. This is our new President, George Bush, from the Washington Post 
of January 15 this year:

       I am open to any suggestions people have, particularly as 
     it relates to making sure that the economy gets the kick-
     start it needs.

  I think that is a pretty good endorsement of the Durbin amendment.
  Let me see. This is another one from President Bush that is better, 
on February 7, when the President said:

       The economy is slowing down, and we need to act, and act as 
     quickly as we possibly can. The goal is to get money into the 
     pockets of the working people as quickly as we can.

  Part of the Durbin amendment says the Senate will not go home until 
we vote this tax cut. That is right. We may have to put off Passover 
observance. We may have to put off a bit of our observance of our 
Easter holiday. But we ought to observe the obvious; that is, the 
American people do not need our speeches. They need our help. If they 
are going to get our help, we shouldn't leave town saying that we got 
the budget resolution passed, and in a couple of weeks we will come 
back and think of something new. This is something new. This is tax 
relief that is real, tangible, and immediate. It says in this amendment 
which I have introduced that we will immediately take the House tax 
bill that has come over here, put this tax into it, pass it in the 
Senate, and send it back to them when they come back to town in a 
couple of weeks and move on it.
  We will be able to say to the American people, almost to the tax day 
of April 15, that you are going to be assured that a tax rebate is 
going to come your way and help your family.
  There are quotes from a very learned and esteemed colleague of 
Minnesota, a spokesman for Senator Pete Domenici, chairman of the 
Budget Committee, who said:

       Senator Domenici is willing to put off consideration of the 
     marriage penalty relief, estate tax repeal, and other 
     elements of the Bush tax plan. But he said the stimulus tax 
     cut and the reductions in the personal income tax rates must 
     be in the same bill. Sixty billion dollars without the 
     marginal rate cuts doesn't tell taxpayers that help is on the 
     way. It puts them in the boat without any oars.
  That is a quote from a staff person of Senator Domenici in the 
Washington Post on March 24 of this year.
  We have good news for the Senator from New Mexico. We not only have a 
boat; we have the oars. We are providing a rebate directly to the 
families, and we are cutting the tax rate permanently, so families know 
their tax burden is going to be reduced.
  We have more comments from President Bush. And they just keep getting 
better about the Durbin amendment. Here is one from the Detroit News on 
March 27. The President said:

       I'm listening to what different members have to say. The 
     key thing is, we have to have meaningful, real tax relief . . 
     . to get money in people's pockets to serve as a stimulus for 
     the economy.

  I want to thank the President for those kind words of encouragement.
  Then on March 28, in the Orlando Sentinel, the President said, again:

       We must put more money in the hands of consumers in the 
     short term and restore confidence and optimism for the long 
     term.

  He goes on to make that point.
  My friends, the sad reality is, unless and until we pass a tax rebate 
that has teeth in it--that means that a check will be coming to 
families across America, not in a matter of a year or two or beyond but 
right now--that we are not going to see this economy turn around as 
quickly as it might. The benefits, of course, to an economy turnaround 
are pretty obvious.
  You pick up the Washington Post this morning, and you go to the 
Business section and look at the Dow Jones or go to the New York 
Times--the same story; it is an up-and-down roller

[[Page 5615]]

coaster but mainly down. People across this country who have 401(k)s 
and IRAs understand that that little nest egg they put aside for 
security and safety in their retirement has been battered pretty badly 
over the last 6 months or a year. We believe we can get this economy 
back on track.
  During the Clinton-Gore administration, we had unparalleled 
prosperity in this country. We can return to those days, but we have to 
return to them with the vision of what makes the economy move forward. 
What helps it move forward is when consumers have some confidence, 
confidence that they can pay their bills, confidence that this economy 
is going to be there, so they can turn around and buy a car, a washer 
and dryer, maybe remodel the kitchen--whatever is important to their 
family--pay off some tuition bills for their kids.
  We want to put money in their pocket to make it happen. The Durbin 
amendment really addresses that directly.
  I say to those on the other side who believe you cannot really offer 
a stimulus and this kind of tax cut to families unless you talk about 
what is going to happen in America over the next 10 years, that is an 
important debate. Let's stick with that debate. Let's have it, but 
let's not let that debate hold hostage the idea of a stimulus right 
now, a stimulus that can help the American economy turn around.
  I do not believe the support for this idea comes exclusively from 
Senator Domenici or President Bush. I think it comes from the people I 
represent in Illinois, and I will bet most of the other States that are 
represented in this Senate.
  I ask my colleagues, let's pass this budget and immediately take up 
H.R. 3 and substitute this bipartisan stimulus package and get checks 
out to every taxpaying American. Let's do this before we leave for any 
kind of a break. Then, when we come back, let's debate the marriage tax 
penalty, let's debate the estate tax, the IRA/pension bill, the 
charitable giving bill, the ESEA bill, the minimum wage, and so many 
other important issues.
  This does not have to be the end of tax cuts. This does not have to 
be the end of debating bills such as the Senate of old. Over the last 2 
weeks I have been heartened that this Senate has really reverted to 
what it was for so many decades, a gathering of men and women who 
studied an important issue and then came to the floor to offer 
amendments and debate them. We did that on campaign finance reform. We 
can do it on our tax policy.
  The vote yesterday suggested there is a bipartisan sentiment to move 
away from President Bush's $1.6 trillion figure to one that is more 
manageable. We believe we can justify a $745 billion or $750 billion 
tax cut and also dedicate resources in our surplus to important other 
priorities.
  Now the Republicans say: Oh, there they go again; if we don't give it 
all away in tax cuts, these Democrats will spend it. Well, we want to 
put money into a stimulus package, have a tax cut right now. We also 
believe we can pay down more of the national debt. If that is what they 
call tax and spend, I don't buy it, but I certainly think paying down 
our national debt is one of the best investments for our future and for 
our Nation. We collect $1 billion in taxes a day to pay interest on our 
old debt of $5.7 trillion. I think we ought to try to reduce that debt 
as much as possible. The Democrats reduce more of the national debt 
than the Republicans do with President Bush's approach.
  We also believe it is naive to ignore the reality that we will need 
to invest more money in Medicare and Social Security. In 10 years, 53 
million Americans will be drawing Social Security as a retirement. In 
10 years, 43 million Americans will rely on Medicare.
  Should we spend money on those two programs to reform them and make 
them stronger? Absolutely. We know that balloon payment is coming. The 
Democrats set money aside so we can make that investment when the baby 
boomers arrive. We do not want to face any sticker shock when it comes 
to the expenses of those two invaluable social programs in America.
  Mr. President, I am prepared to yield the floor now. I see my 
colleague, Senator Lieberman, a cosponsor of this amendment, is here to 
join me.
  I yield the floor.
  Mr. REID. 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.
  Mr. REID. 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. BENNETT. Mr. President, may I inquire as to what the time 
situation is.
  The PRESIDING OFFICER. The Senator from Utah has 28 minutes 48 
seconds.
  Mr. BENNETT. And on the other side?
  The PRESIDING OFFICER. The other side has 13 minutes 15 seconds.
  Mr. BENNETT. Mr. President, may I be notified when there are only 13 
minutes left on our side?
  The PRESIDING OFFICER. The Chair will notify the Senator from Utah.
  Mr. BENNETT. I thank the Chair.


                     Amendment No. 216, As Modified

  Mr. BENNETT. Mr. President, I ask unanimous consent that my amendment 
be modified. I send a modification to the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as modified, is as follows:

       On page 2, line 17, decrease the amount by $31,140,000,000.
       On page 2, line 18, decrease the amount by $10,606,000,000.
       On page 3, line 1, increase the amount by $0.
       On page 3, line 2, increase the amount by $0.
       On page 3, line 3, increase the amount by $0.
       On page 3, line 4, increase the amount by $0.
       On page 3, line 5, increase the amount by $0.
       On page 3, line 6, increase the amount by $0.
       On page 3, line 7, increase the amount by $0.
       On page 3, line 8, increase the amount by $0.
       On page 3, line 13, increase the amount by $31,140,000,000.
       On page 3, line 14, increase the amount by $10,606,000,000.
       On page 3, line 15, decrease the amount by $0.
       On page 3, line 16, decrease the amount by $0.
       On page 3, line 17, decrease the amount by $0.
       On page 3, line 18, decrease the amount by $0.
       On page 3, line 19, decrease the amount by $0.
       On page 3, line 20, decrease the amount by $0.
       On page 3, line 21, decrease the amount by $0.
       On page 3, line 22, decrease the amount by $0.

  Mr. BENNETT. Mr. President, I have listened with interest to the 
statements of the Senator from Illinois, who says we need to kick-start 
the economy. He went on at great length quoting Senator Domenici and 
President Bush about how we absolutely need to do this, perhaps 
ignoring the statement by the Senator from Oklahoma that my amendment 
includes the amounts he says will kick-start the economy.
  The issue is not, Do we both agree that there must be something to 
kick-start the economy? The issue is whether or not, having kick-
started it, we then try to kill it at the back end.
  Let's make no mistake about what this amendment is about. This 
amendment is not about stimulating the economy in the short run, 
because Republicans and Democrats agree, and my amendment has exactly 
the same numbers in it as the amendment on the other side. The 
disagreement is on what happens on the back end.
  In the name of stimulating the economy in the short term, they want 
to kill the tax cut in the long term. That is what this is about. It 
may be couched in other kinds of rhetoric, but basically this is a 
further attempt on the part of the Democrats in the Senate to see to it 
that President Bush will not get his tax cut, so that the

[[Page 5616]]

headline in the Washington Post will be ``Bush Suffers A Defeat.'' That 
is what they are after. This is not about the economy. This is not 
about paying heating bills for poor people in Illinois. This is about 
the political victory of the Senate Democrats to get the headline that 
says ``Bush Suffers A Defeat.''
  Look at the numbers. The total effect of the underlying amendment, to 
which my amendment is a second degree, would be to cut, over a 10-year 
period, the total size of the tax cut by $418 billion. Right now, if 
the Harkin amendment is not overturned on reconsideration, the tax cut 
has been scaled down from the $1.6 trillion President Bush asked for to 
$1.1 trillion. If this amendment passes, that will be scaled down 
further to $746 billion, which is below the number the Democratic 
leader offered in the first place as the logical size of the tax cut.
  This is a stealth attempt to make sure, in the name of stimulating 
the economy, that the tax cut gets cut, and cut, and cut.
  I suggest that there are other amendments lying in the weeds which, 
added to this one, will bring it down even lower than the 746. That is 
a prophecy; prophecies can be wrong. One thing is not wrong is the 746 
number. If the underlying amendment passes, the total size of the tax 
cut is cut to 746. That is what this is all about.
  We talk about stimulating the economy, and we need to do it now. Once 
again, my amendment has exactly the same numbers the underlying 
amendment has. Make no mistake: We are not debating stimulating the 
economy. We are debating eviscerating the Bush tax cut.
  I wish I had this better than secondhand. It was reported to a group 
of us yesterday. The source given was Alan Blinder. I am prepared to be 
corrected if it is wrong. It makes sense. It is right, and I will share 
it with the Senate with those caveats around it.
  Alan Blinder said, if you want to stimulate the economy and you pass 
a long-term rate structure reduction, the net benefit is 1, whatever 1 
is. We are on a scale now. If you do a quick fix kind of stimulus, the 
net benefit to the economy is, compared to 1, .5. If you do a complete 
rebate of sending out checks, the net effect on the economy is .3.
  We are willing to talk about something that, on the scale I have just 
described, would be a .5, but we are not willing to sacrifice the 1 in 
order to do it. We are not willing to kill the most fundamental and 
beneficial stimulus for the economy, long term as well as short term, 
in the name of a short-term stimulus that makes for good speeches but 
bad economics.
  We hear a lot of class warfare rhetoric. We heard it again from the 
Senator from Illinois: We must take care of the little people; we must 
do something, not for the rich, we must do something for the people at 
the bottom.
  Every time we have had testimony before the Banking Committee, on 
which I sit, or the Joint Economic Committee, on which I am now vice 
chairman, from Chairman Greenspan or other distinguished economists, 
the question comes up: Who benefits the most when the economy is sound 
and doing well? The answer is always: The people at the bottom.
  The best thing we can do for the people at the bottom is see to it 
that the economy is structurally sound and growing. The best stimulus 
is to see that the people who control capital have confidence in the 
future. They will start making the capital investments that create the 
jobs. They will start putting in place the structural pattern that they 
have interrupted because they have lost confidence. And that can come 
by the passage of the Bush tax cut, which may or may not have any 
immediate stimulation in terms of the people in Illinois the Senator 
refers to, but will have the kind of impact that will produce both 
short-term stimulus and long-term stability.
  That is what this debate is all about. Are we going to get excited 
about the short-term stimulus being the only thing to do and kill the 
long-term stability on the basis that we don't know what the numbers 
are going to be? Or are we going to do both in a prudent fashion?
  I hear a lot of talk about the heating bills. I suggest to the 
Senator from Illinois and other Senators that if they want to deal with 
heating bills, they ought to deal with the energy crisis and not try to 
fiddle round with taxes. But that is another debate for another time.
  Let me address one other point that keeps coming up. We must pay down 
the national debt. Both sides want to pay down the national debt. Let 
us not pretend that is an exclusively Democratic position or an 
exclusively Republican position. Let's not go through the motions of 
saying we are the ones who want to pay down the national debt. Let's 
ask the question: How much national debt can we prudently pay down?
  Once again, the numbers make it clear that the Bush tax proposal is a 
prudent and intelligent attack on the national debt that will bring us 
to the place where we want to be in an intelligent fashion.
  I spent some time with officials from the Treasury Department. I 
don't have time in this debate to go into it in detail; I will at some 
future point. These officials, quite frankly, if we want to put a 
political cast on it, are holdovers from the Clinton administration. I 
got the numbers directly from the Treasury. I didn't get them from a 
columnist. I didn't get them filtered through staff. I got them 
directly from Clinton-appointed officials at the Treasury Department. I 
am absolutely satisfied that the level of debt being paid down by the 
Bush tax cut is prudent and fits perfectly with the numbers they have 
given us.
  These numbers are reality. These numbers are not projections. These 
numbers are very clear. We don't have time now, in the restricted 
agreement we have, for me to go into these numbers in any great length.
  Fundamentally, we must understand this. If we pay down the debt too 
rapidly, we will have to go to holders of the debt that are not yet 
maturing and say: Will you give us the opportunity to pay you in 
advance? For that, we need to pay them a premium.
  Right now, 42 percent of the debt is held by foreign sources. The 
largest chunk of that is held in Japan. This has been going up 
dramatically. People say: Does that mean foreigners are buying more of 
our debt? No. It means the debt is being paid down among American 
holders, and foreign holders are hanging onto it. That is why the 
percentage of foreign holders of the debt is going up. The total debt 
is going down, but their total numbers are staying about the same.
  I don't want to be in the position of going to foreign holders of the 
debt and saying to them we want to pay them a premium to buy their debt 
back early, just to satisfy some political rhetoric and political 
points.
  I conclude as I began. This is not a debate about whether we will 
have a short-term stimulus because the numbers in my amendment are 
identical to the numbers in the Democratic amendment. This is a debate 
about whether or not we kill the Bush tax cut long term. As long as we 
understand that, as long as we understand that the effect of the 
underlying amendment would be to bring the size of the tax cut down 
below the level the Democratic leader has endorsed, we will understand 
what we are talking about. Otherwise, we will waste our time in 
rhetoric about short-term stimulus, when there is, in fact, no 
difference.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Roberts). The distinguished Senator from 
North Dakota.
  Mr. CONRAD. Mr. President, will the Chair inform us of the time 
remaining on both sides?
  The PRESIDING OFFICER. The Senator from North Dakota has 13 minutes 
15 seconds. The distinguished Senator from Oklahoma has 17 minutes 35 
seconds.
  Mr. CONRAD. Does the Senator from Oklahoma desire going now? The 
Senator from Connecticut has requested 5 minutes, 6 minutes. I would be 
prepared to yield 6 minutes to the Senator from Connecticut.
  The PRESIDING OFFICER. The distinguished Senator from Connecticut is

[[Page 5617]]

recognized for 6 minutes and 15 seconds.
  Mr. LIEBERMAN. I thank the Chair. I thank my friend and colleague 
from North Dakota.
  It seems to me as we deal with this budget resolution and we think 
about the condition of our economy and of the Federal Government books, 
we have a short-term need and a long-term opportunity. The long-term 
opportunity is to constructively use the surplus that the American 
people have built up over the 1990s, to continue our prosperity, to 
continue to act with fiscal responsibility, and to invest in the seeds 
of growth in our economy so that the private sector, which is where 
jobs and growth are created, can in fact continue the growth in this 
decade that we had in the last decade.
  We also clearly have a short-term need. It has affected our longer-
term discussions because the obvious fact is that the economy, after a 
period of unprecedented growth, has now slowed. My friend from Utah 
used the word ``prophecy.'' We all would like to achieve some degree of 
it. I think it is fair to say that none of us has clear prophecy when 
it comes to our economy.
  Now a $9 trillion economy is affected every day by the decision of 
now 280 million people. We can't predict what they are going to do next 
week, let alone 10 years from now.
  The economy is slowing. We don't know how long this slowdown will 
last or how deep it will go. That is why people on both sides of the 
aisle and folks in the administration are now talking about trying to 
use part of the surplus that we know will be there on October 1 of this 
year, when the books close for the Federal Government on September 30, 
to use that to get some money out into the economy--not with any 
confidence that it is going to make everything better in our economy 
but with the confidence that it will help.
  I spoke to a number of economists before I worked on the proposal 
that underlies the amendment that my friend and colleague from Illinois 
and the Democratic leader offered, of which I am proud to be a 
cosponsor. I said to these business leaders and economists: What is a 
reasonable amount of money for us to try to get into people's pockets 
right away, in the next couple of months, to have an effect on the 
economy? Interestingly, the consensus was $60 billion. That is a number 
that has come up on both sides of the aisle in the Senate and from the 
administration.
  One business leader said economists told him we could expect a 
multiplier effect of 1\1/2\ times so that we might--actually, by 
putting $60 billion back into the public's pockets right away--have a 
1\1/2\ times multiplier, or a $90 billion effect on the economy. That 
is 1 percent of the gross domestic product. That would be a tremendous 
result and a great lift out of the slowdown.
  Other experts told us they have done studies that, interestingly, 
have focused on what taxpayers do with a refund check. I am sure the 
Chair will not be surprised to hear that 70 percent of those checks are 
spent within 3 months. It is different than having a reduction in your 
withholding. It is a check in hand. You may buy something you have 
needed. Maybe you pay down a bill. Maybe, if you are a young worker, 
you buy a CD or a new suit.
  That is our short-term stimulus package, and the most important part 
of the amendment that is before the Senate now is the last paragraph 
sent to the Senate that ``the levels in this resolution assume that the 
Senate should discharge H.R. 3 from the Committee on Finance''--that is 
the tax bill they sent over--``strike all after the enacting clause and 
insert the text of the agreed upon $60 billion bipartisan economic 
stimulus package,'' including an immediate economic stimulus check for 
everyone in America who pays payroll taxes or income taxes.
  That means everybody. If you don't make enough to pay an income tax, 
but you are working and you have a lot of money taken out of your 
paycheck every week, every couple of weeks, you get $300. How did we 
come to $300? Take 200 million taxpayers and put that into the $60 
billion we want to get into the economy. It comes out to $300 per 
taxpayer.
  If you are older and you pay income tax, but you don't have payroll 
withdrawals or deductions, you still get the $300.
  So the point of this amendment is let's do it now and help the 
economy now. Let's not have it said a year from now that the Senate and 
the Congress and the Government of the United States fiddled while the 
American economy was slowing down. One positive step we can take is to 
adopt this amendment, substitute for the House tax bill sent over here, 
get a $300 check from the Federal Government into the hands and wallets 
and pocketbooks of the 200 million Americans who pay payroll or income 
tax, and let them go out and move this economy out of the dip it is in 
now.
  That is the vote we are casting. Don't hold short-term economic 
relief hostage to the much more complicated, long-term, controversial 
partisan debate going on about how to spend the surplus for the next 10 
years. America needs help now. Let's do it. I yield the floor.
  Mr. BENNETT. Mr. President, on my time, may I ask the Senator from 
Connecticut a quick question? I ask unanimous consent that that be 
allowed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BENNETT. I ask the Senator from Connecticut why he did not 
address at all the impact of his amendment on the President's tax cut 
long term. As I said in my remarks, the amount in my amendment and the 
amount in the Democratic amendment for a short-term stimulus is exactly 
the same. But the effect of the Democratic amendment would be to cut 
the total amount of the Bush tax cut down to $746 billion. I ask the 
Senator from Connecticut why he did not comment on that effect, and if 
he has a comment now.
  Mr. LIEBERMAN. I thank the Senator from Utah. I did not comment 
because, for me, the distinguishing factor in this amendment is the 
short-term economic stimulus and the particular method to achieve it, 
which is spelled out here, which is the substitute for the House tax 
bill. Those who framed the amendment consistently linked it with the 
long-term tax cut that, as you know, most Democrats propose because we 
think it is more fiscally responsible.
  Mr. President, if I may return the question, is the Senator from Utah 
prepared to separate the short-term fiscal stimulus? Again, I think 
across the aisle we agree that $60 billion is the number. We may 
disagree about how to distribute it--to separate that from the longer 
term, 10-year discussion about how to divide the surplus.
  Mr. NICKLES. Regular order, Mr. President.
  Mr. BENNETT. Mr. President, I would be happy to discuss that with the 
Senator, but the Senator from Oklahoma is asking for the regular order.
  The PRESIDING OFFICER. Under the regular order, the Senator from 
Oklahoma controls the time.
  Mr. NICKLES. Mr. President, I urge my colleagues, Democrats and 
Republicans, to reject the Durbin amendment. The Durbin amendment 
reduces the overall size of the tax bill. It stands at $1.6 trillion. 
An amendment they offered last night reduced it by $448 billion. This 
amendment reduces it by another $418 billion. In other words, 
eliminating over half of President Bush's tax cut. If you want to make 
news, go ahead. You got a nice headline: ``Senate Democrats Cut Bush 
Tax Bill By a Third.'' My compliments. Now they want to go further and 
reduce the tax bill even below what the leaders recommend and adopt the 
Durbin amendment. If we adopt the Durbin amendment we will have a 
stimulus--I love my friend and colleague from Connecticut who says we 
want a stimulus. There is a little stimulus in the front, but there are 
a whole lot of tax increases in the back.
  There is tax cut, in the Durbin amendment, in the first 2 years. My 
friend and colleague from Utah , wants to match those figures and give 
at least that much of a tax cut in the first 2 years. What you don't 
read in the rest of the amendment is that Democrats

[[Page 5618]]

increase taxes all the way through for every other year. The net impact 
of it is to increase taxes from the underlying resolution by $418 
billion.
  Senate Democrats, and one or two of our colleagues voted yesterday to 
cut the President's tax bill by $448 billion. This amendment cuts it by 
another $418 billion. That is a net tax reduction that is less than 
what many people on the Democrat side said they would support. But they 
want to do it under the guise of moving it up a little bit more in a 
few years without hardly any tax cuts later. Maybe that is the size of 
the tax reduction some people want.
  They act as if they are writing a tax bill, which you cannot do on 
the floor of the Senate in the budget resolution. And their argument is 
that this is going to stimulate the economy. Why don't you just fly 
over a stadium and drop money out of an airplane? That will stimulate 
the economy as well. They want to turn a tax bill into a spending 
program, without regard to who paid the taxes, or a tax cut for 
taxpayers. We want to gut the President's tax bill. That is what this 
is really all about.
  The tax bill they are proposing is fatally flawed and should not 
pass, but that will be discussed and dealt with in a bipartisan manner 
in the Finance Committee. I am absolutely certain the proposal they 
have made would never, should never, and will never pass Congress. 
Giving everybody $300--and now that has been raised to $450--is not 
going to happen.
  The real purpose of the amendment is to reduce President Bush's tax 
cut. It was already reduced yesterday to $1.15 trillion over 10 years. 
Now they want to take another $418 billion out.
  The net result would be a tax reduction over 10 years of $746 billion 
at a time when we have surpluses estimated to be $5.6 trillion. In 
other words, let us give President Bush less than half of what he asked 
for. That is what this amendment does.
  The net impact of this amendment is to have a net tax cut over the 10 
years of President Bush's proposal of $746 billion. That is basically 
45 percent of what President Bush originally requested. We cannot and 
will not let this happen.
  In the last couple of days, my friends on the Democratic side have 
offered five amendments to have higher taxes and higher spending. They 
won on one of them yesterday. I consider that a setback, and I hope to 
repair that damage before we are done by tomorrow night.
  This amendment doubly complicates it. Yesterday we adopted the Harkin 
amendment and we increased taxes from the underlying budget resolution 
of $448 billion. This increases taxes an additional $418 billion on top 
of the Harkin amendment.
  I urge my colleagues not to go down this road. This would be a 
serious mistake. The tax proposal that was outlined would be a very 
serious mistake. Let us work together and see if we cannot have a tax 
cut and do some positive things to stimulate the economy.
  My friend from Utah, Senator Bennett, has articulately stated that we 
will come up with more money in the upfront years. We want to do it. We 
have been trying to do it. Our budget resolution has $60 billion in 
2001.
  We only have a few months left in 2001. We can increase year 2002 by 
$31 billion. That is what the amendment of my colleague from Utah says. 
We will match that and also increase the level in 2003 by $11 billion. 
We will have that amount of additional tax relief in the upfront years.
  What I disagree with in the Conrad amendment is, other than the first 
two lines which cut taxes, there are dozens of lines that increase 
taxes. Two lines cut taxes up front, but all the rest of the lines 
increase taxes to a net total of $418 billion.
  They adopted an amendment yesterday to reduce the tax cut by $448 
billion. If we adopt the Durbin amendment, we will also reduce the tax 
cut by another $418 billion. That is a total reduction of President 
Bush's underlying budget of $866 billion, and total tax increases they 
have adopted in the last 2 days. That would be a serious mistake, and I 
urge my colleagues, Democrats and Republicans, to say that is not 
enough. Taxpayers are paying enormous surpluses, and President Bush 
gives one-fourth of that back to taxpayers. The taxpayers are paying in 
the entire surplus, and we are saying taxpayers: We are going to let 
you keep a fourth of it. The Democrats are saying: No, no, maybe one-
eighth; not quite an eighth; maybe the taxpayers get to keep one-
eighth. Then they want to give it to people who filed a return, whether 
they paid taxes or not. I disagree with that totally and completely and 
urge my colleagues to vote no on the Durbin amendment and vote yes on 
Senator Bennett's amendment. They will be voted on at some point later 
today.
  Mr. President, I reserve the remainder of our time.
  The PRESIDING OFFICER. The distinguished Senator from Michigan is 
recognized.
  Ms. STABENOW. Mr. President, I yield myself 3 minutes off the 
amendment.
  The PRESIDING OFFICER. The Senator is recognized.
  Ms. STABENOW. Mr. President, I will speak first about the broader 
perspective of what we have been doing on this resolution. The 
President of the United States put forth a budget and tax cut that 
basically said if you take Medicare and Social Security surpluses off 
the table, every penny of available on-budget surplus is used for a tax 
cut geared to the wealthiest Americans, hopefully trickling down.
  We argue instead of doing that, we definitely need to protect 
Medicare and Social Security. Because the President uses all non-
Medicare and Social Security money for his tax cut, he then spends 
Medicare; he moves all of the Medicare trust fund into spending.
  We say, no, protect Medicare and Social Security and then let us do a 
balanced approach. Let us use a third of what is projected--hopefully 
it will happen--for a tax cut, and that is what this amendment does. It 
reserves a third for a tax cut, putting a stimulus on the front end so 
we can help the economy with money in people's pockets right now. Let 
us use a third for debt reduction, looking at long-term debt--and 
possibly if the surpluses do not materialize, that is our hedge so we 
do not go into further debt--and let us use a third for critical 
investments in our people--education, lowering the cost of prescription 
drugs.
  My concern with the comments of my friend from Utah, as a member of 
the Budget Committee and talking about paying down the debt, is I have 
heard over and over, as the President has said, we cannot put more than 
$2 trillion into paying down the debt. We have to leave $1.2 trillion. 
It cannot be any lower than that.
  In the Budget Committee, we heard from more than one speaker that 
$2.6 trillion will naturally, between now and 2011, become available. 
We will be able to redeem $2.6 trillion just by allowing it to come to 
maturity over the next 11 years.
  That is very different than what we are hearing today. Chairman 
Greenspan came to the Budget Committee and indicated a difference of 
opinion with the President saying that we could, in fact, pay down more 
debt than what is in the President's budget. We support what Chairman 
Greenspan is talking about, with those who managed the money directly 
for the past administration. We support the position of allowing the 
$2.6 trillion to mature over the next 11 years. We can do a better job 
of paying down the debt.
  We put money in people's pockets in three ways: We give them a tax 
cut, which I strongly support--not only an immediate stimulus, but a 
long-term tax cut--we pay down the debt, which puts money in people's 
pockets by lowering their mortgage payment, car payment, and college 
loan, and other costs people have, and finally, we stimulate the 
economy so people have a job, which is the most important way we put 
money in people's pockets.
  I urge we support the Durbin amendment and oppose the amendment of my 
good friend from Utah.
  The PRESIDING OFFICER. The time of the distinguished Senator from 
Michigan has expired.
  The distinguished Senator from Utah is recognized.
  Mr. BENNETT. How much time is available on our side?

[[Page 5619]]

  The PRESIDING OFFICER. The Senator from Utah has 7 minutes 56 
seconds.
  Mr. BENNETT. I yield myself 3\1/2\ minutes and reserve the remainder 
of the time for the Senator from New Mexico.
  Mr. President, the senior Senator from Texas has a great line. He 
says: Don't argue about facts; look them up. You can argue about 
opinions, but do not argue about facts.
  The former senior Senator from New York, Mr. Moynihan, used to say: 
Everybody is entitled to his own opinions but not to his own facts. 
That is why I went to the Treasury Department to try to get the facts 
on the debt. I have heard people quote this, quote that. I went to the 
people who manage the debt. They said to me, as they began the 
conversation: We have been managing debt for over 200 years. We know 
how to do it.
  I have the numbers. I will be glad to discuss them with any Senator. 
Fundamentally, this is what it comes down to: The amount in the next 10 
years of national debt that cannot be paid off without paying a 
premium, factually, is roughly $800 billion. Alan Greenspan, before the 
Budget Committee, talked about 70-something. I round up to $800 
billion. The Treasury agrees with that number. However, they say we 
cannot go to that absolute number because we have to have some debt to 
help cash management.
  If I can put it in the context of a family, you may have paid off all 
your mortgages and paid off all your debt, but the paycheck and the 
bills don't always correspond exactly in time, so you pay the bills 
with a credit card, which is debt. You may pay the credit card 
completely off every 30 days, but you have some debt to manage your 
cash situation, and the Treasury does. I said: How much money are we 
talking about? And these Treasury officials who have no political ax to 
grind said: We have to have about another $300 billion for cash 
management purposes on top of the amount of debt Alan Greenspan was 
talking about. If you add 800 to 300 you get $1.1 trillion, which is 
the number President Bush has been talking about.
  Those are the facts. We can look them up. We can have differences of 
opinion on everything else, but let's not keep fudging those facts.
  The President's proposal with respect to debt paydown is the 
responsible, proper proposal. It should not be factually challenged.
  I yield the floor.
  The PRESIDING OFFICER. The distinguished Senator from New Mexico is 
recognized.
  Mr. DOMENICI. Mr. President, I think this has been an excellent 
discussion and debate this afternoon. I will summarize it my way.
  If this amendment is adopted, the so-called stimulus package from the 
other side, then the tax cut proposed by our President would be reduced 
to $746 billion. Understand, just doing the arithmetic, we would have 
taken $854 billion of the President's tax cut and wiped it out. 
Imagine, in the name of an economic stimulus package, we reduce that 
which stimulates the economy by $854 billion.
  I say to Senators on both sides, if you have been worrying about 
taking more and more away from the President's tax cut, you have a real 
humdinger on your platter. This, combined with others, will make the 
President's tax package $746 billion, which is $854 billion less than 
he asked for--and he thinks he is giving us a stimulus package. We are 
saying $60 billion up front and $1.6 trillion over time, with marginal 
rate deductions, marriage tax penalty, child care credits, and the 
other things. We say that is exactly what the American economy needs as 
a stimulus, short and long term. In the name of an economic stimulus 
package, the tax cuts to the American people are reduced by more than 
one-half, more than 50 percent.
  Once again, Americans, if you have been sitting around thinking maybe 
Congress will do something right, maybe they will give us back some of 
our money, over half of it disappears. Between this amendment and a 
previous Democrat amendment they have taken more than half of what you 
might have expected. It is out the window. It is gone, gone at the 
altar of an alleged stimulus package. This is just following suit of 
almost every amendment offered: Baucus Medicare, higher taxes, $156 
billion; Johnson agriculture, higher taxes, $88 billion; Harkin 
education, $448 billion, higher taxes; Landrieu, $93 billion more; 
Stabenow, $14 billion more. Adding them up, $798 billion is how much 
they tried thus far to reduce the tax cuts for the American people.
  Only one passed, Harkin, but it is still under consideration, so I 
don't count it yet. Maybe it won't pass.
  Having said that, if I have any remaining time, I yield it to Senator 
Nickles.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, I compliment my friend and leader.
  I say to the American public, Senator Domenici has done outstanding 
work on a very difficult job. This is a tough process. He was right. I 
mentioned on the floor that the amendment that passed last night is 
being reconsidered. I don't want to be so presumptive as to say the 
$448 billion tax increase passed. It made a step towards passing, but 
it has not been finally passed. I appreciate your correcting me on that 
because the Senator is right.
  The amendment Senator Durbin offered would also increase taxes from 
the existing resolution, $418 billion. If you add the two together, it 
is $866 billion, well over half of the President's proposed tax 
reduction. I thank my friend and colleague. The Harkin amendment has 
not yet been adopted, but if it is, and a lot of people are working on 
the assumption that it is because it got an affirmative vote yesterday, 
the combined impact would be $866 billion, and 55 percent of President 
Bush's tax proposal just went out the door.
  That is not the way to stimulate the economy. That is the point my 
colleague and friend from New Mexico and Utah were making. I thank them 
for that. I urge my colleagues to vote no on the Durbin amendment and 
vote in favor of Senator Bennett's amendment.
  I yield the floor.
  The PRESIDING OFFICER. The distinguished Senator from Michigan is 
recognized.
  Ms. STABENOW. On behalf of Senator Conrad, I yield myself the 
remaining time on the amendment.
  The PRESIDING OFFICER. The Senator is recognized for 3 minutes.
  Ms. STABENOW. First, no one is talking about raising taxes. No one on 
either side is talking about raising taxes. We are talking about a 
budget for next year and conceivably for 10 years. What are the values 
and the priorities of the American people? That is what we are talking 
about in this discussion.
  I suggest when we look at the President's proposal, if we lock up 
Social Security and Medicare, we have $2.5 trillion to make decisions 
about values and priorities of the American people. The President's tax 
cut, when added up, takes every penny. There is zero for education 
increases, zero for prescription drug coverage, and we all have heard 
why we need to be doing this.
  Unfortunately, in the President's budget, in order to pay for 
spending, Medicare is used because there is nothing left after his tax 
cut. He takes Medicare out of the lockbox and spends it.
  We are suggesting and addressing the need for long-term stimulus. It 
addresses the need to protect Social Security and Medicare, provide a 
tax cut, short-term stimulus. We all support a long-term tax cut. Pay 
down the debt to the maximum amount and make sure we have critical 
investments to allow the economy to proceed. That is the debate.
  Yes, we have a fundamental difference. We are not willing to touch 
Medicare and Social Security. We say hands off Medicare, hands off 
Social Security completely. Let's make sure we are paying down the 
debt. Let's make sure we give tax cuts. Let's make sure we invest in 
the priorities of the American people.
  We can do all of it if we do it the right way. As I said before, 
there is

[[Page 5620]]

more than one way to put money in people's pockets. We can put it in 
their pockets through a tax cut, and the stimulus Senator Durbin is 
talking about is exactly what is needed in order to stimulate this 
economy. Then we can focus on longer term tax cuts. It allows us to pay 
down maximum debt. That puts money in people's pockets because they can 
refinance that mortgage and that car payment. And it allows us to 
invest in critical needs without touching the Medicare trust fund.
  That is what we are arguing. I strongly encourage my colleagues on 
both sides of the aisle to support the short-term economic stimulus 
that will allow us to protect the Medicare trust fund and that will 
allow us to pay down the maximum amount of debt. Then we will work 
together, no question about it, to continue to provide tax relief that 
is focused particularly on middle-class taxpayers, small businesses, 
family farmers. We want to work together to be able to do that and make 
sure we are reflecting the true values and priorities of the American 
people.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, I ask unanimous consent to have printed 
in the Record a table that shows the tax reduction Senator Durbin 
offers in the first 2 years and the tax increases he has in the years 
2004 through 2011, which net a total tax increase, compared to the 
underlying resolution, of $418 billion for a net tax of $746, assuming 
the budget resolution was amended by Senator Harkin. I want this to be 
in the Record so everyone can see the total evisceration of the Bush 
tax cut should this amendment be agreed to. I ask unanimous consent to 
have that printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                            DURBIN AMENDMENT
------------------------------------------------------------------------
                                                 Tax cuts
                                  Conrad tax     (current       After
                                   increase       status)       Durbin
------------------------------------------------------------------------
2001...........................           --            0.2            0
2002...........................           31           29.3           60
2003...........................           11           50.5           61
2004...........................          (12)          74.2           62
2005...........................          (33)          97.5           64
2006...........................          (57)         125.7           68
2007...........................          (68)         141.5           74
2008...........................          (73)         149.2           76
2009...........................          (71)         154.8           84
2010...........................          (80)         170.3           90
2011...........................          (65)         170.5          106
                                ----------------------------------------
      Total....................         (418)       1,164            746
------------------------------------------------------------------------

  Mr. REID. Mr. President, I ask unanimous consent the document I have 
in my hand be printed in the Record immediately following the table 
Senator Nickles placed in the Record regarding the Durbin amendment now 
before this body.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                            DURBIN AMENDMENT
------------------------------------------------------------------------
                                                 Tax cuts
                                  Conrad tax     (current       After
                                   decrease       status)       Durbin
------------------------------------------------------------------------
2001...........................  ............           0.2            0
2002...........................           31           29.3           60
2003...........................           11           50.5           61
2004...........................          (12)          74.2           62
2005...........................          (33)          97.5           64
2006...........................          (57)         125.7           68
2007...........................          (68)         141.5           74
2008...........................          (73)         149.2           76
2009...........................          (71)         154.8           84
2010...........................          (80)         170.3           90
2011...........................          (65)         170.5          106
                                ----------------------------------------
      Total....................         (418)       1,164            746
------------------------------------------------------------------------

  Mr. REID. Mr. President, on behalf of Senator Conrad, I yield to 
Senator Stabenow 1 minute off the resolution.
  The PRESIDING OFFICER. The Senator is recognized.
  Ms. STABENOW. Mr. President, I reiterate, we are in the process of 
determining the priorities for the country. No one is talking about a 
tax cut. This amendment would provide an immediate stimulus this year. 
President Bush's tax cut for the most part does not take effect for 6 
years. We then want to take the next step and work together on a long-
term tax package.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I ask for 3 minutes off the resolution.
  The PRESIDING OFFICER. Without objection, the Senator is recognized.
  Mr. CONRAD. Mr. President, I understand once again today there has 
been talk that somebody here is for a tax increase. Nobody is for a tax 
increase. All the proposals on both sides of the aisle are for 
significant tax cuts. The fundamental difference here is on the 
question of how much debt reduction we do.
  On our side we think there ought to be more debt reduction than is 
being proposed on the other side. We have a total of $3.65 trillion of 
the $5.6 trillion projected surplus set aside for short-term and long-
term debt reduction. President Bush is setting aside $2 trillion. So we 
have nearly twice as much set aside for debt reduction as does the 
President. He has a tax cut that is about twice as big as ours. That is 
the fundamental difference between the two sides.
  I understand Senator Bennett said you can't do more debt reduction 
than the President proposes. That is just not so. We had detailed 
testimony before the Senate Budget Committee by the man who ran the 
debt reduction program in the U.S. Treasury Department under the 
previous administration. He says you can reduce far more of the 
national debt than the Bush administration is calling for. In fact, 
President Bush says you can only reduce the publicly held debt by $2 
trillion. Mr. Gensler, who was in charge of the debt reduction program 
in the previous administration, pointed out that $2.6 trillion of the 
debt actually comes due during this 10-year period. You can eliminate 
all of that. That is $2.6 trillion instead of the $2 trillion the 
President says is available for debt reduction. But even more than 
that, we did a detailed cashflow analysis.
  I yield myself an additional minute off the resolution.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. We did a detailed cashflow analysis of debt reduction. 
What we found is--this is the President's line, the green line. That 
saves $2 trillion--reduces the publicly held debt by $2 trillion.
  The red line is our publicly held debt reduction line. It would 
reduce publicly held debt--publicly held debt is currently $3.4 
trillion. It would reduce that debt by $2.9 trillion--$900 billion more 
than the President's plan.
  This line shows the unredeemable debt line. What this chart reveals 
is there is absolutely no problem of cash buildup, even if you use $2.9 
trillion to reduce publicly held debt.
  I yield myself an additional 2 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Somebody watching me may be very quick with figures and 
say: Gee, Senator Conrad is saying the Democrats believe you can reduce 
$2.9 trillion of the $3.4 trillion publicly held debt. But on his 
previous chart he showed the Democrats have reserved $3.65 trillion for 
debt reduction. How can both those things be true?
  Simply, they are both accurate, they are both true, because we are 
dealing with short-term debt and long-term debt. The short-term debt is 
the publicly held debt, which is $3.4 trillion. We would pay that down 
by $2.9 trillion. But, in addition to that, we reserve $750 billion 
more for long-term debt reduction. The long term-debt that is building, 
that our Federal accounting system does not take account of because of 
the long-term unfunded liability for Social Security and Medicare, we 
set aside $750 billion for that purpose. The other side does not set 
aside a single penny--not a dime--for the long-term debt that is 
building for this country.
  That is the fundamental difference between our two sides. We believe 
we ought to pay down more of the short-term and long-term debt and have 
less of a tax cut. It is still a substantial tax cut, one that would 
permit rate reductions, reform of the estate tax, and also address the 
marriage penalty.
  That is the fundamental difference. I do not want to lose sight of it 
in the bric-a-brac and the back and forth. That is the best summary I 
can provide.
  The PRESIDING OFFICER. The time of the distinguished Senator has 
expired.
  The PRESIDING OFFICER. The Senator from Oregon is recognized.
  Mr. SMITH of Oregon. Parliamentary inquiry: It is part of the 
unanimous

[[Page 5621]]

consent agreement that Senator Wyden and I have 15 minutes equally 
divided?
  The PRESIDING OFFICER. The Senator is correct.


                           Amendment No. 240

  Mr. SMITH of Oregon. Mr. President, I have an amendment I send to the 
desk. It is an amendment proposed by myself, my colleague Senator 
Wyden, Senator Baucus, Senator Kennedy, Senator Snowe, and Senator 
Santorum.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Oregon [Mr. Smith] for himself and Mr. 
     Wyden, Mr. Baucus, Mr. Kennedy, Ms. Snowe, and Mr. Santorum, 
     proposes an amendment numbered 240.

  Mr. SMITH of Oregon. 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 increase mandatory spending in the Health function by 
  $28,000,000,000 over Fiscal Year 2002, Fiscal Year 2003, and Fiscal 
Year 2004 for proposals that would expand health insurance coverage to 
the uninsured, targeting funding for those who need it most, combining 
     public and private coverage options to efficiently target the 
    uninsured, avoiding creating new bureaucracies, promoting state 
 flexibility, protecting employer-based coverage systems, providing a 
   meaningful, affordable health insurance benefit to the uninsured, 
  emphasizing enrollment and not just eligibility, and without taking 
                    funding from the HI Trust Fund)

       On page 4, line 2, increase the amount by $8,000,000,000.
       On page 4, line 3, increase the amount by $10,000,000,000.
       On page 4, line 4, increase the amount by $10,000,000,000.
       On page 4, line 16, increase the amount by $8,000,000,000.
       On page 4, line 17, increase the amount by $10,000,000,000.
       On page 4, line 18, increase the amount by $10,000,000,000.
       On page 5, line 7, decrease the amount by $8,000,000,000.
       On page 5, line 8, decrease the amount by $10,000,000,000.
       On page 5, line 9, decrease the amount by $10,000,000,000.
       On page 28, line 23, increase the amount by $8,000,000,000.
       On page 28, line 24, increase the amount by $8,000,000,000.
       On page 29, line 2, increase the amount by $10,000,000,000.
       On page 29, line 3, increase the amount by $10,000,000,000.
       On page 29, line 6, increase the amount by $10,000,000,000.
       On page 29, line 7, increase the amount by $10,000,000,000.
       On page 5, line 20, increase the amount by $8,000,000,000.
       On page 5, line 21, increase the amount by $18,000,000,000.
       On page 5, line 22, increase the amount by $28,000,000,000.
       On page 6, line 8, increase the amount by $8,000,000,000.
       On page 6, line 9, increase the amount by $18,000,000,000.
       On page 6, line 10, increase the amount by $28,000,000,000.

  Mr. SMITH of Oregon. Mr. President, when I go home to Oregon I am 
often asked what is the biggest surprise I have had as a Senator. I 
often and without any hesitation answer that my biggest surprise is 
that one of my closest friendships in the Senate, and one of the most 
constructive relationships I have in the Senate, is with my former 
opponent, the senior Senator from Oregon, Ron Wyden. After I was 
elected to replace Mark Hatfield, he and I became more than colleagues; 
we became friends, confidants, and worked every year to try to 
establish an agenda that helps and serves the interests of our State as 
well as our country.
  This year we have followed that tradition, announced a bipartisan 
agenda, toured our State with seven joint townhalls, and tried to 
listen to the people as to what they wanted. We heard many things. We 
heard, ``Tax cuts.'' I am for President Bush's tax cut. I make no 
apology for that.
  I believe our economy needs that. I believe our country needs help. I 
believe we need to be reminded that we are a democratic free enterprise 
society and not a democratic socialist society.
  But having said that, I believe, using the surpluses we are 
bountifully blessed with, there are things we can and should do.
  In Oregon, we have a proud tradition of caring for the 
underprivileged and the uninsured. I was a State senator when we set 
about funding the Oregon Health Plan. We accomplished that, but the job 
is not done in helping the uninsured.
  It seems to me appropriate that in a time when we are looking to cut 
substantial taxes from the paychecks of the American people that we 
should take time to help those who also work but who do not enjoy some 
of the basics of American living, which is health care.
  There are 170 million Americans who enjoy the best health care in the 
world. They are Americans. But of our American citizens, there are 43 
million who have no health insurance. Many of those folks are working 
Americans as well.
  But Senator Wyden and I propose, along with the bipartisan coalition, 
to provide in this budget $28 billion over 3 years to further narrow 
that gap of the uninsured.
  Our plan will build on past actions to give 15 million to 20 million 
of these uninsured Americans access to affordable quality health 
insurance without creating huge new Government programs.
  First, our plan will give businesses incentives to make quality 
health insurance more affordable to their low-income workers. Our plan 
will give businesses a tax credit if they chip in more to offer quality 
health care to their low-income employees. Many low-wage employees are 
working hard, but we are having trouble paying the full amount for 
health insurance.
  Second, our plan will extend Medicaid coverage to more low-income 
Americans. Many low-income adults who cannot afford or are not offered 
private health insurance would now be eligible under this proposal for 
Medicaid coverage.
  Finally, we will give the State the option to extend the highly 
successful CHIP program, or the SCHIP program, the State Children's 
Health Insurance Program. We will work to extend these benefits to the 
parents of these children.
  We are trying to say in this great society that we can narrow this 
uninsured gap. I believe if we can't do it now, we will never be able 
to do it.
  Senator Wyden and I are bringing together an extraordinary coalition 
between liberals and conservatives. I am referring to the Families 
U.S.A., which is a group of folks who are trying to advance the cause 
of the uninsured.
  Also, the Health Insurance Association of America, a very 
conservative group, has come together behind what Senator Wyden and I 
are trying to give voice to.
  I appreciate the chance to offer this amendment. I urge its adoption 
and, if not by unanimous consent, that it be overwhelmingly approved.
  I believe it will be a very nice component of President Bush's effort 
to extend some passion and conservatism to the American people.
  I yield the remainder of my time to my colleague, Senator Wyden.
  The PRESIDING OFFICER. The distinguished Senator from Oregon is 
recognized.
  Mr. WYDEN. Thank you, Mr. President.
  First, I commend my colleague and thank him for the opportunity to 
work with him on this bipartisan agenda. I commend him for a very fine 
statement this afternoon as well.
  Each night more than 43 million Americans go to bed without basic 
health coverage knowing that a serious illness could wipe their family 
out. These are Americans who aren't old enough for Medicare. They 
aren't poor enough for Medicaid. Very often they work as small 
businesses. And yet in a country as strong and good as ours we have not 
made sure that they have access to basic health coverage.
  In my view, for the Congress not to respond now at a time when there 
are layoffs, at a time when there is great fragility in our economy, 
for this Congress not to respond to the needs of the uninsured is, in 
my view, nothing short of government malpractice.
  This amendment ensures, with the $28 billion that would be provided 
for

[[Page 5622]]

mandatory spending, that the Senate Finance Committee could develop a 
program that would allow for public and private options. There are many 
in the business community who argue--and I think correctly so--that 
there are a variety of approaches with employer-based health care 
coverage that makes sense. This amendment would allow for that. There 
are advocates for the low income who argue--and I think correctly so--
that we ought to be spending for important programs like my colleague 
mentioned, the CHIP program. Senator Kennedy, for example, has done 
yeoman and exceptional work in trying to extend coverage for adults 
whose children are on Medicaid. And yet those adults, for example, who 
might work at a small business lack coverage. This proposal would make 
that possible. We would have a chance to cover those individuals who 
are part of what Senator Kennedy has correctly termed ``family care.''
  In my view, this proposal represents an opportunity for a major 
breakthrough on the health care issue which unfortunately to a great 
extent has been deadlocked since the downfall of the discussion over 
the Clinton health care plan.
  In my view, with this amendment it will be possible to provide 
immediate relief to millions of our citizens through public and private 
options and at the same time build a foundation for a longer term 
approach that, again, looks to both the private and the public sector 
to fill in these gaps in American health care.
  I particularly want to thank Senator Kennedy and Senator Baucus. They 
have been leaders in our party in the development of advocacy for these 
individuals.
  Senator Conrad and his staff have been exceptionally helpful as well 
in ensuring that this amendment was crafted so that it would not in any 
way allow for a raid of the health insurance trust fund.
  I will tell you, Mr. President, since my days when I was codirector 
of the Gray Panthers, I dreamed that I could one day be part of a 
bipartisan effort to really fill in the gaps in the American health 
care system.
  I thank my colleague, Senator Smith, for the opportunity to work with 
him. These important breakthroughs for the uninsured can, in fact, only 
be accomplished if they are bipartisan. I thank him for the chance to 
work with him.
  I yield the floor at this time.
  The PRESIDING OFFICER. The distinguished Senator from Michigan.
  Ms. STABENOW. Mr. President, how much time is remaining on the 
amendment?
  The PRESIDING OFFICER. The Senator from Oregon has 2 minutes 43 
seconds; the other distinguished Senator from Oregon has 3 minutes 16 
seconds.
  Ms. STABENOW. I ask for a minute.
  Mr. WYDEN. Mr. President, I am happy to yield time to my friend from 
Michigan, who has already shown that she is going to be a tremendous 
advocate for working families and seniors on health. I am happy to 
yield to her.
  The PRESIDING OFFICER. The Senator from Michigan.
  Ms. STABENOW. Mr. President, I rise to commend my colleagues for 
their hard work. There is nothing more urgent in a family's life than 
the issue of health care. I often think that if we address this issue 
in as urgent a manner as a family does when someone has a health care 
problem, we would have acted much more quickly. When there is a health 
concern in a family, it seems that the world stops until you fix it or 
try to figure out how to help your child or your parent or yourself. We 
need to have that same sense of urgency about health care in this 
Chamber.
  I commend my colleagues for their work.
  Mr. WELLSTONE. Mr. President, I join with my colleagues in support of 
Mr. Smith's amendment to increase funding in the Resolution by $28 
billion over fiscal year 2002 through 2004 for the purpose of expanding 
health insurance coverage to the uninsured. Yesterday's New York Times 
reported that the President's proposed budget, details of which we will 
not see until next week, will suggest cuts of nearly 90 percent to 
programs that increase access to health care for the uninsured. That 
obviously is moving in exactly the wrong direction.
  I oppose the administration's reported plan to ``phase out'' the 
Community Access Program. The program seeks to reduce the number of 
uninsured through integrated, comprehensive health care delivery 
systems. I also am troubled that the Administration seems to undervalue 
one of the most important components of any health care safety net--
quality care. We need to continue to train health professionals to 
ensure that every patient receives the quality care he or she deserves. 
Moreover, we need to make sure we have enough health professionals in 
every part of this country so that no one is denied access to care 
because of where they live. According to New York Times, however, the 
White House position is that there is ``an oversupply of doctors.'' The 
truth is there are great disparities in the distribution of health 
professionals in this country. The majority of the country's counties 
experience shortages in health professionals and are medically 
underserved areas.
  I support the Smith amendment. This funding will help. But we need to 
go further. We need quality care for all, which means universal health 
care coverage. I intend to introduce the Health Security for All 
Americans Act following this Easter recess. Every American should have 
quality health care coverage. Meanwhile, the Administration's proposals 
to cut the Community Access Program, flat-line funding for the care of 
people living with AIDS and HIV, and cut into funding for the training 
of our health professionals take us in the wrong direction. This 
amendment improves the Resolution.
  Ms. SNOWE. Mr. President, I rise in support of this amendment that 
has a very simple purpose: to increase mandatory health spending by $28 
billion to increase health insurance coverage.
  This is a matter of great national urgency. Today, nearly 33 million 
adults and 10 million children go without health care coverage. That's 
18 percent of all Americans. And despite record employment and a 
booming economy over the past decade, over eighty percent of the 
uninsured are in working families.
  Quite simply, we cannot afford to be complacent. Both the nation and 
individuals pay a penalty for the lack of health insurance. Indeed, one 
of the most deeply disturbing is that health care costs more for the 
uninsured!
  According to a recent New York Times article, because ``health 
insurance companies insist on hefty discounts'' for their patients, 
there can be ``extreme price disparities'' between what the uninsured 
are charged for medical care and what people with insurance are 
charged.
  For example, one internal medicine specialist reported that the cost 
of his bills for ``routine exam[s]'' can vary by 45 percent, with ``the 
uninsured pay[ing] the most'' and those with insurance ``pay[ing] much 
less than their share.'' As a result of such arrangements, ``some 
uninsured people struggle for years to pay medical bills and others put 
off seeing a doctor until minor problems become major ones.''
  How might these funds be spent to improve health insurance coverage? 
One very promising approach is legislation that will be introduced 
shortly to expand the SCHIP program to provide health insurance 
coverage of parents of children eligible for the program.
  As I am sure many Members know, in 1997, under the leadership of 
Senators Kennedy and Rockefeller, Senators Hatch and the late John 
Chafee, Congress created the State Children's Health Insurance Program, 
or ``S-CHIP.'' Since SCHIP was launched just 3 short years ago, this 
Federal-State partnership has provided health insurance coverage to 3.3 
million low-income children. My home State of Maine is justifiably 
proud of its Cub Care program, covering 9,500 low-income children.
  What could be a greater priority of our Nation than the health and 
well-being of our children? What greater responsibility do we have as 
leaders and adults? The fact of the matter is, if we are to be stewards 
of the future, we

[[Page 5623]]

must be protectors of our children. America's children cannot grow up 
strong if they do not grow up healthy.
  But just as the early results are encouraging, we can and must do 
more. Despite a team effort to enroll all eligible children, one-third 
of the remaining 18,000 uninsured children in Maine are currently 
eligible for coverage under Medicaid or Cub Care, but aren't receiving 
the benefits. Nationwide, an estimated 6.3 million additional children 
who could be served by the program remain unenrolled. Like a letter 
mailed without an address, benefits that aren't delivered are benefits 
that might as well not exist.
  We must reach our goal of covering all those who are eligible. The 
solution, or the ``key prescription'' as one Maine pediatrician said is 
health insurance coverage for their parents.
  Here is some evidence. Three of the first States that provided 
coverage to parents under Medicaid saw their coverage of eligible 
children increase by 16 percent from 1990 to 1998, compared to 3 
percent for States that didn't cover parents.
  The bottom line is that parental coverage means that children are 
more likely to be enrolled in SCHIP; and that means better access to 
medical care.
  Of course, there are many other possible avenues to improve health 
care coverage. Indeed, no one solution is the answer for all 43 million 
uninsured Americans. But none of the options is possible without 
funding.
  I urge all Senators who believe as I do that we must improve health 
insurance coverage to vote for this amendment.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. SMITH of Oregon. Mr. President, it is my understanding that this 
may be agreed to unanimously. But in the event it is not, I ask for the 
yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  Mr. REID. Will the Senator withhold?
  Mr. SMITH of Oregon. I withhold.
  Mr. DOMENICI addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Is all time expired on the amendment?
  The PRESIDING OFFICER. All time has not yet expired. The Senator from 
Oregon has 2 minutes 20 seconds; the Senator from Oregon has 2 minutes 
34 seconds.
  Mr. DOMENICI. I wonder if the Senators would be prepared to yield 
back their time.
  Mr. SMITH of Oregon. Mr. President, I would be willing to yield back 
my time. I was just asking, if necessary, for the yeas and nays.
  Mr. DOMENICI. I do not think it is necessary. I think we are prepared 
now to have a voice vote and accept the amendment.
  Mr. SMITH of Oregon. That would be fine.
  Mr. WYDEN. Mr. President, I was always under the impression you ought 
to quit while you are ahead. I yield my time.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
240.
  The amendment (No. 240) was agreed to.
  Mr. DOMENICI. I move to reconsider the vote.
  Mr. SMITH of Oregon. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. SMITH of Oregon. Mr. President, I suggest the absence of a quorum 
and ask unanimous consent it be charged equally against both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. DOMENICI. 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. DOMENICI. Mr. President, this is a unanimous consent agreement 
that has been worked on by a wide variety of Senators representing 
leadership on both sides. I will propound it now.
  I ask unanimous consent that time from 3:30 p.m. today until 6:30 
p.m. be equally divided for the consideration of Senator Domenici's 
reconciliation instructions amendment; that all the time on the budget 
resolution expire at 6:30 p.m. this evening; that when the Senate votes 
in relation to the reconciliation amendment, all remaining amendments 
be limited to 30 minutes each.
  I further ask unanimous consent that any votes ordered on remaining 
amendments to the budget resolution be stacked to occur following the 
vote on or in relation to Senator Domenici's reconciliation amendment 
at 6:30 p.m., with 2 minutes prior to each vote for explanation.
  I further ask unanimous consent that the first-degree amendments to 
be offered by the minority and majority leaders be the last two 
amendments in order prior to the vote on the substitute and the vote on 
adoption of the concurrent resolution, that they be offered in the 
order listed above and they not be subject to any second-degree 
amendments.
  I further ask that following the disposition of the amendments by the 
two leaders, the Senate proceed to vote on adoption of the substitute, 
to be followed immediately by a vote on adoption of the concurrent 
resolution, all without any intervening action, motion, or debate, if 
all amendments have been offered and disposed of.
  Finally, I ask unanimous consent that disposition of the last two 
amendments by the two leaders and the final vote on the concurrent 
budget resolution occur no earlier than 2:30 p.m. on Friday, April 6.
  The PRESIDING OFFICER. Is there objection?
  Mr. CONRAD. Reserving the right to object, I think, as it was read, 
there may be some confusion in the first few lines. It might be helpful 
to restate it, I say to my colleague; because of changes that have 
occurred as we have negotiated this, I think it would be useful to 
restate the first few lines.
  Mr. DOMENICI. I will be glad to. I think the Senator is correct.
  I ask unanimous consent that the time from 3:30 p.m. until 6:30 p.m. 
be equally divided for consideration of Senator Domenici's 
reconciliation instructions amendment; that all time on the budget 
resolution expire at 6:30 p.m.; that when the Senate votes in relation 
to the reconciliation amendment, all remaining amendments be limited to 
30 minutes each.
  I further ask unanimous consent that any votes ordered on remaining 
amendments to the budget resolution be stacked to occur following the 
vote on or in relation to Senator Domenici's reconciliation amendment 
at 6:30 p.m. with 2 minutes prior to each vote for explanation. I think 
the rest of it was clearly audible. I propose the rest of it.
  Mr. CONRAD. Mr. President, I want to be clear: All remaining 
amendments be limited to 30 minutes each is intended to apply to what 
occurs between now and 3:30 p.m.?
  Mr. DOMENICI. That is correct.
  Mr. CONRAD. And from 3:30 p.m. to 6:30 p.m. will be on 
reconciliation? That what occurs after that, the 30-minute limitation 
does not apply. The 30-minute limitation applies to what occurs between 
now and 3:30 p.m.; is that the understanding of the Senator?
  Mr. DOMENICI. That is correct. That is what it says, but if it needs 
to be further clarified, I accept that clarification.
  Mr. REID. Reserving the right to object, this does not preclude any 
points of order anyone might have during the course of the day?
  Mr. DOMENICI. No, it does not.
  The PRESIDING OFFICER. Is there objection? The Senator from West 
Virginia.
  Mr. BYRD. Reserving the right to object, two things: First, is it 
clear that the vote on the Domenici reconciliation amendment will occur 
at the expiration of the 3 hours allotted to that amendment?
  Mr. DOMENICI. The Senator is correct.
  Mr. BYRD. Second, will the distinguished Senator from New Mexico read 
the final proviso which deals with the final vote at 2:30 p.m. tomorrow 
or circa 2:30 p.m.?

[[Page 5624]]


  Mr. DOMENICI. Yes, I will. I ask unanimous consent that disposition 
of the last two amendments by the two leaders and final vote on the 
concurrent resolution occur no earlier than 2:30 p.m., Friday, April 6, 
2001--tomorrow.
  Mr. BYRD. That will mean then the vote-arama, which I do not like and 
I do not believe the distinguished Senator likes either, would occur. 
Whatever amendments there are, if Senators chose to call them up, they 
would have votes on them.
  Mr. DOMENICI. That is correct.
  Mr. BYRD. That is correct.
  Mr. DOMENICI. Yes, it is. We hope to make some impression on our 
friends that we do not have to do them all. The Senator is correct.
  Mr. BYRD. Fine. Is it clear that the majority leader will have an 
amendment and the minority leader? Is it clear, absolutely clear that 
they will have one amendment each?
  Mr. DOMENICI. Yes, both the minority and majority have an opportunity 
at the end, in the order stated, in the order of minority, majority 
leader--in that sequence--but they both have that right.
  Mr. BYRD. They both have that right.
  Mr. DOMENICI. Wraparound right.
  Mr. BYRD. They may choose not to offer such amendment.
  Mr. DOMENICI. That is correct.
  Mr. REID. Mr. President, I want the Senator from West Virginia to 
understand all amendments will be in order in the vote-arama if filed 
by 2 o'clock today, as under a previous agreement.
  Mr. DOMENICI. I thank the Senator for reminding us of that. Senators 
should know that.
  The PRESIDING OFFICER. Is there objection to the unanimous consent 
request by the distinguished Senator from New Mexico?
  Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, I understand the distinguished Senator 
from Delaware wants to speak for 5 minutes with the time coming off the 
resolution. That is all right with me.
  Can we propose the following, not as a UC, but as a planning tool? We 
have done it before.
  Senator Frist on HIV and Senator Corzine on energy; Senator Bond, 
Senator Mikulski, Senator Dodd on child care; Senator Voinovich on 
process; Senator Hollings on stimulus; Senator Allen and Senator 
Brownback on process. That is what we are trying to accomplish.
  Mr. CONRAD. Can we see the list?
  The PRESIDING OFFICER. The distinguished Senator from Delaware is 
recognized.
  Mr. CARPER. Mr. President, this is the week baseball season begins 
anew. I am in a little bit of a baseball mood this week, even this 
afternoon under bright, sunny skies in our Nation's Capital. We have 
been working on the budget resolution in the Senate Chamber for the 
better part of this week, and under the unanimous consent agreement we 
will wrap it up hopefully tomorrow afternoon.
  Using a baseball analogy, this is like the seventh inning stretch. I 
want to take the opportunity to reflect on what we have agreed to, not 
agreed to, and maybe some thoughts we can keep in mind over the next 24 
hours or so.
  As we attempt to adopt, fashion, and agree on a blueprint for 
spending for our Nation, the thought that creeps into almost every 
aspect of our discussions is the economy, the shaky nature of the 
economy, the fragile nature of the economy, and to what extent tax cuts 
should play as we adopt this budget framework.
  There are a number of ways to stimulate the economy, as we all know. 
One of the ways that is going forward right now is the aggressive 
monetary policy launched by the Federal Reserve over the last couple of 
months which will add to the gross domestic product of our country, I 
am told, somewhere close to half a percentage point this year by virtue 
of lower interest rates. The Federal Reserve is expected to come back 
and consider by May 15 whether more interest rate relief is called for. 
My hope is they will do so, and maybe even before that time.
  Those interest rate reductions are already being felt in our economy 
as people refinance their homes, lower their mortgage rates, and take 
the moneys they are saving and spend it for other purposes.
  Another obvious way to stimulate the economy is through tax policy. I 
remind my colleagues as we consider a stimulus policy, trying to put 
some kind of rebates in place now, rate reductions, child credits, or 
marriage penalty relief, the actual impact we will have through tax 
policy is de minimis.
  Take $3 trillion out of the stock market, as we have seen over the 
last several months, and pump in $40 billion, $50 billion, $60 billion 
in tax policy and in reality it is not going to amount to too much.
  I hope we will continue our efforts over the next 24 hours--frankly, 
over the weeks to come--to adopt the best stimulus of all. The best 
stimulus we could send, not just to the markets but the American 
people, would be for us to actually agree on a tax policy, not just 51 
Republicans with the Vice President casting the tie-breaking vote but 
for a number of Democrats and Republicans to agree on an incremental 
approach where we would be able to lower marginal rates, broadly but 
not as deeply as the President wants, or double the child credit and 
make it retroactive to the beginning of this year, or we might 
eliminate the marriage penalty effective the beginning of this year, 
and do it in a way to provide stimulus to our economy but also some 
assurance that the taxpayers are going to see long-term rate reduction, 
long-term relief.
  The President was in Delaware a couple days ago, and I talked with 
him about this. He said: My concern is, Tom, if we do not take a lot of 
money off the table now, we will spend the money. I reminded the 
President he plays an activist role in the appropriations process--
signing and vetoing appropriations bills, signing and vetoing 
enhancements to entitlement programs.
  In the end, while we are in the seventh inning stretch, the ball game 
is likely to go into extra innings, and the very best victory the 
American people can hope for is a bipartisan agreement for an 
incremental approach to tax cuts that includes restraint on spending 
and includes a consensus that one of the best things we can do is 
continue the good work we have begun on reducing our Nation's debt. I 
yield back my time.
  The PRESIDING OFFICER (Mr. Kyl). The Senator from New Mexico is 
recognized.
  Mr. DOMENICI. I ask the ranking member, we read off seven names, you 
added an eighth; can we say the eighth is Senator Wellstone?
  Mr. CONRAD. Senators Wellstone and Johnson, if I could add that 
additional name.
  Mr. DOMENICI. Sure. We will try to accommodate all the Senators, 
saying no more than 15 minutes on each of the amendments.
  I yield the floor.


                           Amendment No. 215

  Mr. FRIST. Mr. President, I have an amendment at the desk, No. 215, 
on behalf of myself, Senators Smith of Oregon, Leahy, Durbin, Kerry, 
and Feingold, and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Tennessee [Mr. Frist], for himself, Mr. 
     Smith of Oregon, Mr. Leahy, Mr. Durbin, Mr. Kerry and Mr. 
     Feingold, proposes amendment numbered 215.

  Mr. FRIST. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 4, line 3, increase the amount by $500,000,000.
       On page 4, line 17, increase the amount by $500,000,000.
       On page 5, line 8, decrease the amount by $500,000,000.
       On page 12, line 16, increase the amount by $200,000,000.
       On page 12, line 17, increase the amount by $200,000,000.
       On page 12, line 20, increase the amount by $500,000,000.
       On page 12, line 21, increase the amount by $500,000,000.

[[Page 5625]]

       On page 43, line 15, decrease the amount by $200,000,000.
       On page 43, line 16, decrease the amount by $200,000,000.
       On page 48, line 8, increase the amount by $200,000,000.
       On page 48, line 9, increase the amount by $200,000,000.
       Notwithstanding any other provision of this resolution, it 
     is the sense of the Senate that:
       (a) Findings.--The Senate finds the following:
       (1) HIV/AIDS, having already infected over 58 million 
     people worldwide, is devastating the health, economies, and 
     social structures in dozens of countries in Africa, and 
     increasingly in Asia, the Caribbean and Eastern Europe.
       (2) AIDS has wiped out decades of progress in improving the 
     lives of families in the developing world. As the leading 
     cause of death in Africa, AIDS has killed 17 million and will 
     claim the lives of one quarter of the population, mostly 
     productive adults, in the next decade. In addition, 13 
     million children have been orphaned by AIDS--a number that 
     will rise to 40 million by 2010.
       (3) The Agency for International Development, along with 
     the Centers for Disease Control, Department of Labor, and 
     Department of Defense have been at the forefront of the 
     international battle to control HIV/AIDS, with global 
     assistance totaling $330,000,000 from USAID and $136,000,000 
     from other agencies in fiscal year 2001, primarily focused on 
     targeted prevention programs.
       (4) While prevention is key, treatment and care for those 
     affected by HIV/AIDS is an increasingly critical component of 
     the global response. Improving health systems, providing 
     home-based care, treating AIDS-associated diseases like 
     tuberculosis, providing for family support and orphan care, 
     and making anti-retroviral drugs against HIV available will 
     reduce social and economic damage to families and 
     communities.
       (5) Pharmaceutical companies recently dramatically reduced 
     the prices of anti-retroviral drugs to the poorest countries. 
     With sufficient resources, it is now possible to improve 
     treatment options in countries where health systems are able 
     to deliver and monitor the medications.
       (6) The UN AIDS program estimates it will cost at least 
     $3,000,000,000 for basic AIDS prevention and care services in 
     Sub-Saharan Africa alone, and at least $2,000,000,000 more if 
     anti-retroviral drugs are provided widely. In Africa, only 
     $500,000,000 is currently available from all donors, lending 
     agencies and African governments themselves.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the spending levels in this budget resolution shall be 
     increased by $200,000,000 in fiscal year 2002 and by 
     $500,000,000 in 2003 and for each year thereafter for the 
     purpose of helping the neediest countries cope with the 
     burgeoning costs of prevention, care and treatment of those 
     affected by HIV/AIDS and associated infectious diseases.

  Mr. FRIST. Mr. President, the time is at hand for the United States 
to take another act of leadership in confronting one of the most 
important moral, humanitarian, and foreign policy decisions of the new 
century: How to stop the ravages of HIV/AIDS in Africa and other 
developing countries.
  History will indelibly record how the United States, along with other 
governments, other institutions, other foundations, and other civil 
societies, responds to the call. Inaction will be measured in millions 
of lives--lives lost, families destroyed, and economies ruined.
  The statistics tell the story. They are chilling. Twenty-two million 
people have died of AIDS worldwide, more than 3 million last year 
alone. That is over 8,000 per day or nearly 6 deaths every minute. That 
number is growing. Thirty-six million people are currently infected 
with HIV, a staggering number that is increasing by 15,000 new 
infections every day, mostly in the world's poorest countries. By 2010, 
80 million persons could be dead of AIDS. That is more deaths than we 
saw in military and civilian forces suffered during all of World War 
II.
  In Africa, life expectancy has been reduced by nearly half in many 
countries. In the next decade, 40 million children will be orphaned by 
AIDS. That is a number equal to all children in this country living 
east of the Mississippi. The economic impact is devastating. An entire 
generation of workforce is being lost. Trained personnel in key sectors 
needed for economic growth and stability--teachers, health care 
personnel, law enforcement--are being decimated by the epidemic. In 
South Africa alone, a once growing economy is being devastated by HIV/
AIDS. The projected GDP over the next 10 years will be reduced by 17 
percent, or the equivalent of about $22 billion, because of this single 
virus.
  Africa is not alone. The Caribbean region has the second highest rate 
of HIV infections. Russia has the largest increase of any in the world. 
The National Intelligence Council has said that Asia, especially India, 
is on the verge of a catastrophic epidemic. This is especially 
troubling for those concerned about regional security in the most 
populous part of the globe.
  All Americans, indeed, can be proud of the international leadership 
in responding by the United States to this epidemic. We have pushed the 
G-8 to embrace debt relief in exchange for health programs. We have 
tripled our global commitment to AIDS programs over the last 2 years. 
But we are not doing enough. We are not alone. In all of sub-Saharan 
Africa, the combined national, UN, and donor contributions in the fight 
against AIDS total $500 million. Yet the United Nations estimates the 
basic prevention and care in Africa alone will cost $3 billion a year, 
increasing to $5 billion a year if treatment, including access to 
specific anti-AIDS drugs, is added.
  The fundamental question we must ask today is this: If the United 
States is already doing more than anyone else, why should we do more 
right now? There are three reasons.
  No. 1, the disease is not waiting. It is not waiting for the 
international community to mount a coordinated response. Just since I 
have been talking, 18 people have died and there have been 35 new 
infections. The problem is growing by the minute.
  No. 2, a major new initiative by several pharmaceutical companies 
that has been rolled out over the last several weeks means AIDS 
treatment drugs for Africa are more affordable today than they have 
ever been.
  No. 3, access to treatment enhances prevention efforts. Access to 
treatment enhances prevention, a basic underlying premise of public 
health.
  For the first time in history, the drugs that have revolutionized 
AIDS care and treatment in the United States can become for the first 
time part of that comprehensive prevention, care, and treatment 
strategy even in the poorest countries of the world.
  But how we supply these drugs where they are needed, given the fact 
that purchasing them at cost still puts them way beyond the means of 
infected individuals in poor countries, is a question we must address.
  The answer is in the sort of public-private partnerships which we 
know have worked in the past and can increasingly work in the future. 
On the private side, U.S. companies took the lead in making drugs 
available, and now it is appropriate for the U.S. Government in this 
private partnership approach to take the lead in making these drugs 
part of a comprehensive plan, strategy, of prevention, care, and 
treatment in these poorest countries.
  Currently, the United States is contributing close to $500 million to 
fight the scourge of HIV/AIDS in poor countries. The amendment my 
colleagues and I are putting forth today increases that amount by $200 
million next year and by $500 million the following year, effectively 
doubling our current commitment over 2 years.
  These funding resources from the United States will provide the 
leadership impetus for a powerful coalition of Government, of 
foundations, of the United Nations, of the pharmaceutical companies, of 
academic institutions, of the scientific institutions to help fill the 
gap between the available resources and the need for care and 
treatment.
  Working with authorizing and appropriation committees, working with 
Secretaries Powell and Thompson, with USAID and other parties, we will 
be crafting legislation to ensure this new budget authority enhances 
and complements our bilateral aid programs and also, fundamentally 
important, creating a mechanism that both encourages participation by 
other donors and gives the program the appropriate accountability and 
oversight we all must require.
  One possible model would be the strictly monitored fund similar to 
the successful global alliance on vaccines and immunization. That 
particular

[[Page 5626]]

program has combined substantial contributions by the Gates Foundation, 
as well as that by governments, putting them together. It is managed by 
those who know how to deliver those programs, to hold them accountable 
and to make sure the services are delivered to those in greatest need.
  In addition, work by community-based organizations, both religious 
and secular, will be the linchpin of success on the ground. It has to 
be made clear to the American people and to the world at large that the 
drugs alone are not enough. Delivery systems and health infrastructures 
are absolutely mandatory if programs are to be more than just talk or 
to make us feel good--programs that actually reach the people who are 
in so much desperate need for them.
  Let's be clear about one thing: The new moneys will not be used to 
add to the coffers of those leaders who have not made AIDS a national 
priority and who have not yet committed to science-based national plans 
to address this challenge. There is no point in assisting governments 
that choose to avoid the hard realities. Let's also remember that until 
science and the tremendous resources we can provide in this country in 
terms of science and discovery produce a vaccine, prevention through 
sustained change in behavior is the first and most important means of 
AIDS control, and prevention must remain a primary focus of our 
development assistance.
  However, we cannot spend our assistance dollars only on prevention 
activities. The major new initiative we have seen by the pharmaceutical 
companies recently gives us some hope for those already suffering from 
AIDS and their families. After all, how can families and communities 
and democracies survive when over a third of young adults are becoming 
infected and are expected to die by the age of 45, leaving millions of 
children with little support and even less hope. In extending the 
productive lives of those people affected, treatment can prolong the 
time that families are together, can provide that support and pass on 
their cultural tradition and values.
  Beyond these humanitarian concerns, treatment makes prevention work. 
Without some expectation of hope or of care, people have no reason to 
be tested for AIDS, to go in and seek help. They become outcasts in 
their communities.
  Make no mistake about the fact that much more needs to be done than 
we are proposing. Other nations absolutely must step up with their 
involvement as well. We will look to the administration to use expanded 
U.S. commitments to urge our trading partners to increase their 
participation.
  By using such leverage, an increase of $200 million in U.S. aide 
should increase aide by others by several times that much. Americans 
have always been among the first to tackle the most difficult 
challenges of the times. We must do no less when confronted with 
perhaps the worst international health crisis since the bubonic plague 
ravaged Europe over 600 years ago.
  When our children and grandchildren asked what we did to help slow 
down this human tragedy, let us be proud of our answer.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Crapo). Who yields time? The Senator from 
Oregon.
  Mr. SMITH of Oregon. Mr. President, I rise today to join Senator 
Frist to increase funding for International HIV/AIDS efforts. This 
amendment will increase by $200 million in fiscal year 2002 to help the 
neediest countries cope with the burgeoning costs of prevention, care 
and treatment of those affected by HIV/AIDS and associated diseases.
  AIDS is one of the most recent and most devastating infectious 
diseases facing the world today. Since the virus was first identified 
about 20 years ago, more than 50 million people have been infected--and 
at the current rate of infection that number will top 100 million 
within 6 years.
  Of those being infected with HIV, half are between the ages of 10 and 
24. Five young people will contract HIV/AIDS as each minute passes as I 
stand here speaking to you on the Senate floor.
  These numbers are beyond belief--these youth are the future of the 
world and yet that future is being endangered as surely as those lives 
are being endangered.
  Last year many of us on the Senate Foreign Relations Committee joined 
forces to authorize a real boost in funding to fight HIV/AIDS abroad. 
Senator Boxer, Frist, Kerry and I--and many others including Chairman 
Helms--succeeded in authorizing increased funding to meet the 
challenges of HIV/AIDS infection.
  We did this without care about party politics, ideology or 
conviction, working together to somehow find solutions to a horrible 
health problem. I note that last year our focus was basically on 
Africa.
  This year our attention has unfortunately been turned to new 
continents and new countries that are being impacted by HIV/AIDS.
  In the Far East--in Thailand for instance, in the Near East--
threatening India and in some countries of Eastern Europe and in 
Russia, HIV/AIDS is spreading quickly. Asia will soon have more new HIV 
infections than any other region. In Russia more Russians are projected 
to be diagnosed with HIV/AIDS by the end of the year than all cases 
from previous years combined.
  I could go on--HIV/AIDS will be responsible for the deaths of more 
men, women and children than all the soldiers killed in the major wars 
and conflicts of the 20th Century.
  All these facts, again, cause the mind to numb and the imagination to 
stagger. Vocabulary fails to describe this. I simply ask my colleagues 
to join Senator Frist and me in helping to fight HIV/AIDS abroad. Time 
and lives are wasting, even as we speak.
  I yield the floor.
  Mr. DASCHLE. Mr. President, I strongly support the amendment offered 
by Senators Frist and Feingold. It is a timely amendment that addresses 
not only a humanitarian crisis, but a key threat to U.S. national 
security. I commend the sponsors for drafting an amendment that will 
keep the United States in a leadership role on this critical issue.
  HIV/AIDS is a public health crisis throughout Africa, Asia, and the 
Caribbean. There are more than 50 million people infected with HIV 
worldwide; more than 25 million of them are in Africa, where some 
countries experience infection rates between 10 and 20 percent of the 
population. In India, there are 3500 new cases of HIV daily, and the 
World Bank projects that India will have 35 million people with HIV by 
2005. Although prevention is key to halting the spread of HIV, because 
of the high costs of drugs and the woeful medical infrastructure, many 
of those infected are shut out of any treatment or care.
  This devastating impact on a large and growing segment of the world 
population threatens to produce an economic development crisis. It is 
striking down productive adults, impacting agricultural and economic 
output in many countries, and creating an estimated 13 million orphans, 
who face increased risk of malnutrition and reduced prospects for 
education. Some estimates suggest that the number of orphans will grow 
to 40 million in the next decade.
  This amendment provides the United States with the resources it will 
need to confront this threat. The President's budget allowed for a 10 
percent increase over last year's spending, but this challenge demands 
a more robust American response, and the Senate is responding here 
tonight.
  This amendment is the first step, a very good first step, in that 
response. I am encouraged by a study released yesterday by Harvard 
University that this problem is, in fact, surmountable. It will, 
however, demand that we follow through on the next steps in this fight 
making drugs available at affordable prices and providing the medical 
infrastructure these countries need to meet this threat. It is a threat 
we can address, and I look forward to working with my colleagues to 
address it.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
  Mr. FRIST. Mr. President, I ask for the yeas and nays.

[[Page 5627]]

  The ACTING PRESIDENT pro tempore. Is there a sufficient second? There 
appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. CONRAD. Is the Senator from New Jersey seeking time?
  Mr. CORZINE. Mr. President, I call up amendment 257 at the desk.
  The ACTING PRESIDENT pro tempore. There is still time remaining on 
the Frist amendment.
  Mr. DOMENICI. Mr. President, if we had time on this amendment, we 
yield it back.
  Mr. FRIST. Mr. President, there was 30 seconds. I yield that time 
back.
  The ACTING PRESIDENT pro tempore. Time remains on the other side.
  Mr. CONRAD. Mr. President, we yield back all time on this amendment 
and we yield 10 minutes to the Senator from New Jersey. Is the Senator 
from New Jersey seeking 7 minutes?
  Mr. CORZINE. Mr. President, 10 minutes total, and I will yield time 
to other Senators.
  Mr. CONRAD. At this time, I yield 7 minutes to the Senator from New 
Jersey.
  The ACTING PRESIDENT pro tempore. The Senator will withhold for one 
moment. The time is all yielded back on the Frist amendment. The 
Senator from New Jersey is recognized to call up an amendment.


                           Amendment No. 257

  Mr. CORZINE. Mr. President, I call up amendment No. 257, which is 
currently at the desk. I ask for its immediate consideration.
  The ACTING PRESIDENT pro tempore. The clerk will report the amendment 
by number.
  The legislative clerk read as follows:

       The Senator from New Jersey [Mr. Corzine] offers an 
     amendment numbered 257.

  Mr. CORZINE. I ask unanimous consent further reading be dispensed 
with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  The ACTING PRESIDENT pro tempore. The Senator is recognized for 7 
minutes.
  Mr. CORZINE. Mr. President, this amendment would restore $50 billion 
of cuts built into the Republican resolution to environment, natural 
resources, and energy conservation programs. This means that 
environmental programs would be increased 4 percent in 2002. But keep 
in mind, this is the total. We are merely maintaining funding at the 
increase the President has requested for overall growth in 
discretionary spending this year.
  To offset these adjustments, the amendment would reduce 
administrative costs for fiscal year 2002 and reduce the size of the 
tax cuts in subsequent years.
  Further, the amendment would set aside an additional $50 billion for 
debt reduction.
  I believe protecting our environment deserves top priority. Yet in 
the past few months, we have seen the administration wage nothing less 
than an all-out attack on our environment.
  Three weeks ago, the administration pulled a complete 180-degree turn 
on a clear campaign pledge to address global warming through the 
regulation of carbon dioxide. They pushed back regulation designed to 
protect the public from arsenic in drinking water. They proposed 
drilling in the Arctic National Wildlife Refuge. And they refused to 
defend regulations designed to protect our national forests.
  Unfortunately, the Bush budget and this budget resolution continue 
this attack on our environment. The President's ``Budget Blueprint'' 
proposed a 15-percent cut in environmental and natural resource 
programs--15 percent. These cuts are a dramatic step backwards and 
would reverse much of the progress we have made on cleaning our air and 
water and protecting our Nation's natural resources. These cuts would 
contribute to the Nation's growing concern about sprawl and would 
weaken efforts to hold polluters accountable.
  These cuts have been especially serious in my State of New Jersey. I 
know I was sent here to fight to represent New Jersey's interests. Air 
quality in New Jersey is one of the worst--in six of our counties--in 
the Nation. We have 115 Superfund sites, 80 percent of our rivers and 
lakes and streams are unfishable and unswimmable.
  Unfortunately, while the President has not revealed all the specific 
cuts that will be included in his budget, we know that they are coming. 
We know they will be severe. Just today there is a report in the Wall 
Street Journal outlining leaked information about these prospective 
cuts.
  I ask unanimous consent this article be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

        Bush's Budget Plan To Face Critics' Ire Over Environment

                 (By John D. McKinnon and Sarah Lueck)

       Washington.--President Bush is likely to ignite more 
     controversy over his environmental policies with the release 
     next week of detailed budget plans including big cuts in 
     conservation and energy-efficiency programs.
       Democratic strategists say that environmental issues are 
     fast becoming Mr. Bush's biggest political weak spot because 
     of their popularity with middle-class voters. Democrats and 
     their allies among environmental groups are planning to 
     highlight the cuts next week and again on April 22, Earth 
     Day.
       ``We expect the president's budget is going to be the next 
     big attack on the environment,'' said Alyssondra Campaigne of 
     the Natural Resources Defense Council.
       Based on Mr. Bush's previously released budget outline, 
     environmentalists now estimate that he will propose cutting 
     environmental spending by 10%, including reductions at the 
     Environmental Protection Agency, the Energy and Interior 
     departments and the Army Corps of Engineers.
       The Energy Department would endure the biggest cuts, 
     expected to total as much as $120 million, from research 
     programs that promote energy efficiency in manufacturing 
     processes, appliances and building design. The budget plan 
     also would cut as much as $150 million from the department's 
     programs for creating fossil-fuel-production technologies, 
     including some aimed at making oil wells and pipelines safer 
     for the environment.
       Much of the savings would be used to beef up other programs 
     within the department, such as weatherization, home-heating 
     aid for the poor and clean-coal research.
       Still, activities call the administration's cuts in energy 
     conservation perplexing, given that Mr. Bush has been 
     proclaiming an energy crisis. ``The programs that will 
     actually solve the problems, save consumers money and reduce 
     pollution are getting slashed by this administration,'' said 
     Anna Aurilio of U.S. PIRG, a consumer group.
       An administration spokesman declined to provide details of 
     the cuts but said the targeted programs aren't necessarily 
     saving money. A White House official said the president's 
     budget ``reflects his support for energy conservation, 
     renewable energy and encouraging entrepreneurs to develop 
     alternative sources,'' and noted that it proposes significant 
     new tax incentives for energy production.
       At the EPA, spending is being reduced by $500 million. Some 
     congressional aides also expect reductions in core funds that 
     pay for EPA enforcement activities, possibly as part of an 
     increase in grants to help states pay for enforcement.
       The environment isn't the only area in which Mr. Bush is 
     taking some political heat. In health care, he is expected to 
     propose cutting some programs favored by the Clinton 
     administration, including a $125 million program that helps 
     uninsured people get treatment and one aimed at preventing 
     child abuse. But overall, programs designed to help abused 
     children and the uninsured will receive more funding, 
     officials at the Department of Health and Human Services 
     said.

  Mr. CORZINE. This uncertainty aside, we do know this undercuts a 
commitment the Congress made last year to support the Land and Water 
Conservation Fund. This blueprint cuts conservation initiatives by $2.7 
billion. That is in the blueprint.
  Potentially most damaging, the Bush budget would undermine 
enforcement of our environmental laws. It would require deep cuts in 
the operating functions of our environmental agencies: the EPA, 
Interior and the National Oceanic and Atmospheric Administration.
  We just can't afford these cuts. If anything, we should be putting 
more resources into enforcement not less. Consider EPA's own data from 
just last month. They found that:
  Twenty-six percent of industrial facilities were in significant 
noncompliance with their clean air permits; Nearly 10 percent of 
industrial facilities were in significant noncompliance with their 
clear water permits; And 7 percent of industrial facilities were in 
significant noncompliance with their hazardous waste permits.

[[Page 5628]]

  When government lets polluters off the hook, all of us pay a price--
particularly those least able to protect themselves--our kids and 
seniors.
  The Bush administration has not been in office very long. But it has 
done a lot of damage and a lot of damage to our environmental laws. And 
it's time for them to reverse their course.
  I hope my colleagues will support the amendment I am offering today. 
It is really a very limited amendment. It simply would allow us to 
barely maintain funding for environmental programs at today's levels. 
Frankly, I think we should do substantially more. But I hope my 
colleagues can support at least this, because it is protection of where 
we are today.
  The message of this amendment is simple. It says that it's more 
important to keep our air and water clean than to give huge tax breaks 
to the very wealthiest Americans. And it's more important to address 
global warming than to give the top one percent of Americans a tax cut 
worth $55,000 a year.
  I think environmental priorities reflect the values of the American 
people. I think they're the right priorities for our nation and world. 
And I hope my colleagues will support the amendment and those values.
  I yield the floor and reserve the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, does the Senator from Nevada or the 
Senator from California seek time?
  Mrs. BOXER. I yield to my colleague, the Senator from Nevada.
  Mr. CONRAD. Mr. President, I yield 1 minute to the Senator from 
Nevada.
  Mr. REID. Mr. President, I am the ranking member of the environment 
committee, and I want to express my appreciation to the Senator from 
New Jersey and the Senator from California who will soon speak on this 
amendment.
  In our committee, every Member on the Democratic side has been 
extremely concerned about what has happened so far during the Bush 
administration and what they have done to violate what we have worked 
on for so long to take care of the environment, whether it is global 
warming, whether it is arsenic, whether it is lead, or whether it is 
drilling in ANWR. We need to understand that in our country--no matter 
if you are from New Jersey or California and all the States in 
between--people care about the environment. George Bush is a good man. 
He is simply not getting the word that he is making tremendous mistakes 
in how he is treating the environment.
  The Senator from New Jersey has done an excellent job with this 
amendment in restoring financing in the budget so we can do something 
about the environment and to maintain the progress we have made.
  Mr. CONRAD. Mr. President, I yield 2 minutes to the Senator from 
California.
  The ACTING PRESIDENT pro tempore. The Senator from California.
  Mrs. BOXER. Thank you very much. I thank my colleague from New 
Jersey, Senator Corzine, and my ranking member, Senator Reid.
  I stand in strong support of Senator Corzine's amendment. It isn't 
rocket science to know a few things about our life. If we can't breathe 
clean air, if we can't drink safe water, and if we can't count on the 
Government to protect us from events that we cannot protect ourselves 
against, then what use are we as a Senate?
  If you take a look at the Republican budget that is before us, it is 
a sad commentary on the value that they place on a clean and healthy 
environment for our people. They can say whatever they want, but they 
are at $52.5 billion, and they are going below the current level of 
services.
  Again, this President likes arsenic in the water. I don't know. He 
will have to explain that to the American people. He took a move where 
he was going to say we are not even going to check for salmonella in 
the meat that goes to school lunches. Senator Durbin caught him on that 
and now he backed off. He has also backed off on the right to know if 
there is lead in a product, or in the air we breathe. I have to say 
that is not a family value. That is not a value of a great nation.
  Whether it is arsenic in our water or contaminants in our soil or 
air, this amendment should be supported. It doesn't do us any good to 
have a thousand dollars in our pocket if we are dying of cancer.


                          FOREST FIRE FUNDING

  Mr. BINGAMAN. Mr. President, first, I commend my colleague, Senator 
Corzine, for this amendment and indicate that I am very glad to be a 
cosponsor of it. It is an important amendment. Second, I would like to 
engage Senator Corzine in a brief colloquy at this time.
  Mr. CORZINE. Of course.
  Mr. BINGAMAN. The spring and summer of 2000 will not soon be 
forgotten in my home state. A series of fires burned more than 65,000 
acres in New Mexico, including the Cerro Grande fire that destroyed 
more than 400 homes. As a result of these fires and others that raged 
throughout the country, Congress took a step in the right direction 
last year by providing substantial funding for fire prevention efforts. 
In addition, Congress appropriated additional funds to implement the 
National Fire Plan. This plan, issued by the Secretary of Agriculture 
and the Secretary of the Interior, contains recommendations to reduce 
the impacts of wildland fires on rural communities and ensure 
sufficient firefighting resources in the future. I would like to 
clarify that it is the Senator's intent that this amendment maintains, 
at a minimum, current levels of funding for the National Fire Plan and 
base fire programs.
  Mr. CORZINE. Yes, that is my intent.
  Mr. BINGAMAN. It is important to ensure sufficient levels of funding 
for all programs related to the National Fire Plan. For example, 
Congress specifically instructed the agencies to target hazardous fuel 
reduction funds near communities that are at high risk from wildfire. 
In addition, the Rural Fire Assistance program strengthens the wildland 
fire protection capabilities of rural fire departments by providing 
technical assistance, training, and supplies. Moreover, economic action 
programs assist rural communities in developing and marketing products 
created from the little trees removed as part of fuels reduction 
efforts. Other cooperative fire protection programs, that provide 
assistance for complementary hazardous fuels reduction projects on non-
Federal lands in the wildland/urban interface and educate homeowners 
about the proper way to fire proof their homes, are also essential 
elements of our cohesive efforts to diminish fire risks.
  Mr. CORZINE. I agree with the Senator that a multi-faceted approach 
is necessary.
  Mr. BINGAMAN. We need to sustain a commitment to all components of 
the National Fire Plan over a long enough period of time to make a 
difference, at least 15 years based on recommendations from the Forest 
Service and the Department of the Interior. Your amendment ensures that 
Congress is doing its part with respect to fire prevention without 
adversely affecting other important programs funded under Function 300. 
I thank the Senator for the clarification.
  The ACTING PRESIDENT pro tempore. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I know Senators Bond and Mikulski are 
ready to proceed under our previous arrangement. I say to Senator Bond 
that he is going to have 10 minutes on his amendment. I would like to 
take a couple of minutes now to explain something about the process, 
but I don't want to take away from anybody else's time.
  Mr. BOND. Mr. President, if I could, I think Senator Mikulski and I 
each wanted 5, and I think Senator Bingaman wanted 2, if we could 
expand that to 12 minutes. Are there others?
  Mr. DOMENICI. We will go 12. That is fine.
  Mr. President, I want to make sure there is no misunderstanding. Just 
because we are not offering a second-degree amendment, we are not 
precluded from offering a second-degree amendment before we vote, from 
everything I understand. If anybody on the other side has a contrary 
reading, I wish they would raise that issue now.

[[Page 5629]]

  Let me ask one simple question of the distinguished Senator from New 
Jersey. Does this amendment take $100 billion out of the tax cut and 
put $50 billion of it against the debt and $50 billion of it for 
increased spending in various environmental areas?
  Mr. CORZINE. It is $93.75 billion.
  Mr. DOMENICI. I don't want anybody to think we round out those big 
numbers. But sometimes we refer to $93.75 billion as a hundred.
  Mr. CORZINE. We will check those numbers.
  Mr. DOMENICI. We plan to have a second degree. We will have to work 
on it in due course. But we will have a second-degree amendment to 
that.
  We don't have any formal agreement, excepting that a series of 
Senators are going to be recognized--bipartisan or otherwise--to send 
an amendment to the desk and talk about it and be limited to 15 minutes 
so we can have enough time to get them all in. We are going to yield 12 
minutes for your team.
  Is that satisfactory?
  Mr. BOND. Mr. President, I thank the distinguished manager.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                           Amendment No. 211

  Mr. BOND. Mr. President, I call up my amendment.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Missouri [Mr. Bond], for himself, Ms. 
     Mikulski, Mr. Lieberman, Mr. Allen, and Mr. Frist, proposes 
     an amendment numbered 211.

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

       On page 14, line 11, increase the amount by $1,441,000,000.
       On page 14, line 12, increase the amount by $530,000,000.
       On page 43, line 15, decrease the amount by $1,441,000,000.
       On page 43, line 16, decrease the amount by $530,000,000.
       On page 48, line 8, increase the amount by $1,441,000,000.
       On page 48, line 9, increase the amount by $530,000,000.

  Mr. BOND. Mr. President, the amendment I am offering with my 
colleagues, Senators Mikulski, Allen, Lieberman, and Bingaman proposes 
to add $1.44 billion over the President's budget to the Function 250 
general science account to boost spending in fiscal year 2002 for the 
National Science Foundation, Department of Energy, and National 
Aeronautics and Space Administration. Compared to the fiscal year 2001 
enacted levels, this amendment would add $469 million to DOE's science 
accounts, $674 million to NSF, and $518 million to NASA. This amendment 
continues the Federal Government's strong commitment to the Nation's 
basic science research programs. Let us make no mistake, basic science 
means applied science, which is the foundation of this economy and will 
be the booster rocket for the future success of our economy and allow 
this Nation to lead the world in this century.
  Of particular interest to me, this amendment maintains the momentum 
to double the budget of NSF over 5 years. Under this amendment, NSF 
would receive a 15.3 percent increase over last year's enacted level. 
As chairman of the VA, HUD, and Independent Agencies Appropriations 
Subcommittee, I began the doubling effort last year with my good friend 
and colleague on the appropriations subcommittee, Senator Mikulski. We 
are not alone and we have broad support for this funding. Last year, a 
bipartisan group of 41 Senators also supported this effort and I expect 
even more direct and enthusiastic support this year. NSF plays an 
important and unique role in stimulating core disciplines of science, 
mathematics, and engineering and doubling the NSF budget will help 
ensure that the economic growth we have enjoyed over the past several 
years will continue.
  I think we can all agree that research and development is a positive 
and critical investment for the economic and intellectual growth and 
well-being of our Nation. According to many economists, over the past 
half century, advances in science and engineering have stimulated at 
least half of the Nation's economic growth. Further, investment in 
scientific research has led to innovative developments in the high-tech 
industry--most notably the Internet and lasers. The investments have 
also spawned not only new products, but also entire industries, such as 
biotechnology, Internet providers, E-commerce, and geographic 
information systems.
  Besides the economic benefits we have enjoyed from our investment in 
NSF's research programs, NSF has also played a crucial role in the 
biomedical area. Over the past half century, NSF-supported research has 
had monumental impact in the field of medical technologies and 
research. Let me make it clear that I am very supportive of the funding 
support we have provided to the National Institutes of Health. However, 
I am very concerned that the work that NIH is doing currently may be 
jeopardized if the underlying work from NSF research is not adequately 
supported. Medical technologies such as magnetic resonance imaging, 
ultrasound, digital mammography and genomic mapping could not have 
occurred, and cannot now improve to the next level of proficiency, 
without underlying knowledge from NSF-supported work in biology, 
physics, chemistry, mathematics, engineering, and computer sciences. 
Thus, the success of NIH to cure deadly diseases such as cancer depend 
upon the underpinning research supported by NSF. The connection between 
NSF and NIH has been recognized by leading medical experts such as 
former NIH Directors, Bernadine Healy and Harold Varmus. As Dr. Varmus 
wrote in a letter to me last June 26:

       Essential contributions to both genome sequencing and 
     determination of protein structures have come from work 
     supported by the NSF, and efforts to take advantage of this 
     new information will require expanded activity in disciplines 
     traditionally dependent on the NSF--including computer 
     science, chemistry, physics, and engineering. Indeed, from 
     the perspective of a medical scientist, there could be no 
     more opportune time to guarantee the vitality of American 
     science funded by the NSF.

  Let me add on more voice, Dr. Kenneth Shine of the Institute of 
Medicine. Dr. Shine wrote:

       . . . it is important to note that advances in medicine are 
     very dependent upon other fields of science that are mostly 
     supported by the National Science Foundation . . . . doubling 
     of the NSF budget will pay for itself many times over in 
     terms of saving costs, and, more importantly, improving human 
     health.

  To be blunt, supporting NSF supports NIH.
  Beyond just the biomedical field, the Senate should also be concerned 
about our Nation's supply of engineers and scientists. For the past 
several years, the number of graduates in the science and engineering 
fields has been declining. This decline has put our Nation's innovation 
capabilities at risk and at risk of falling behind other industrial 
nations. In the past decade, growth in the number of Asian and European 
students earning degrees in the natural sciences and engineering has 
gone up on average by four percent per year. During the same time, the 
rate for U.S. students declined on average by nearly one percent each 
year.
  NSF plays a key role in funding the training of the nation's young 
researchers in university laboratories. Twenty thousand graduate 
students and nearly 30,000 undergraduates are directly involved in NSF 
programs and activities every year.
  However, as many of my colleagues know, the Congress has had to raise 
the cap on H1-B visas for immigrant workers due to the shortage of 
technically-trained workers in this country. The high-tech industry has 
had to turn to foreign workers because our country is not producing 
enough scientists and engineers to meet demand. According to NSF, the 
demand for engineers and computer scientists is expected to grow by 
more than 50 percent by 2008. While NSF has been active in addressing 
this problem, it is obvious that it is not enough and we need to 
provide more support to our Nation's students. I

[[Page 5630]]

hope my colleagues understand why this amendment is so critical. If we 
do not support NSF, this problem will continue and our Nation's long-
term economic growth and research innovation will be significantly 
hampered.
  The PRESIDING OFFICER. The Senator has used 4 minutes.
  Mr. BOND. I thank the Chair.
  I hope my colleagues will support this important amendment and our 
efforts to strengthen the country's research and development base. It 
is important to recognize that if we are to sustain our economic base 
and support the important work of NIH, we must support NSF.
  Mr. President, I urge my colleagues to support this amendment.
  I am going to use the last bit of my time to tell my colleagues that 
I have another amendment at the desk, No. 210, which we will be calling 
up in the vote-arama. It is cosponsored by Senators Hollings and 
DeWine.
  Yesterday, the Senate voted overwhelmingly to add to the President's 
generous proposal for NIH research spending. I hope we get an 
overwhelming vote for this one, too. It does two things.
  First, it adds to the President's proposal on community health 
centers. Like NIH, the Senate is on record supporting double funding 
over 5 years for health centers, and like the NIH amendment yesterday, 
my amendment would put us on track to double the funding for health 
centers.
  Second, the amendment would make room in the budget to finally 
provide equitable treatment for children's hospitals when it comes to 
our support of physician training programs. They have not received 
enough money to train the pediatricians they need. This year, our goal 
is to end this inequity finally.
  The amendment we will be calling up later will provide enough room in 
the budget to make these things happen. When that amendment comes up, I 
ask my colleagues to support that one as well.
  I thank the Chair and my colleague. I yield the floor.
  Mr. DOMENICI addressed the Chair.
  The PRESIDING OFFICER (Mr. Fitzgerald). The Senator from New Mexico.
  Mr. DOMENICI. Before yielding to Senator Mikulski, may I ask the 
Senator a question?
  Mr. BOND. Mr. President, I would be happy to respond to the 
distinguished manager.
  Mr. DOMENICI. May we have order, Mr. President.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. DOMENICI. May I ask the Senator: The other part of the Government 
that has basic science research is the Department of Energy. I 
understand that you included that in the triad. We have done NSF and 
the National Institutes of Health. You have added for the National 
Science Foundation and added $469 million for DOE basic research. Is 
that correct?
  Mr. BOND. Mr. President, the total amount of funding goes into 
section 250. I say to the Senator, $1.44 billion goes into section 250. 
As I understand it, how that gets sliced up is probably beyond the 
ability of this particular budget debate to determine. It will 
ultimately come down, I believe, to a 302(b) allocation. But my 
recommendation is that the vitally important work of DOE be funded with 
an additional $469 million out of this function.
  There is another function--I believe it is 270--that also funds 
science.
  Mr. DOMENICI. I thank the Senator.
  Mr. CONRAD addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Will the Chair inform us how much time remains on both 
sides?
  The PRESIDING OFFICER. The Senator from Maryland has 5 minutes. 
Senator Bingaman has 2 minutes.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I rise as an original cosponsor of this 
amendment with my dear colleague, Senator Bond, to increase the 
function 250 for general science.
  Our amendment seeks to increase funding for science by $1.4 billion 
by doubling the funding for the National Science Foundation, increasing 
the NASA budget by $500 million, as well as the Department of Energy 
funds.
  This has strong bipartisan support. We are joined by Senators 
Lieberman and Rockefeller on my side of the aisle.
  Why is it this issue enjoys such strong bipartisan support?
  Both sides of the aisle--Senator Kit Bond and Senator Barbara 
Mikulski--want to make sure that America not only continues to win the 
Nobel Prizes but that we win the global markets. In order to do so, we 
need to invest in our Federal labs to create the new ideas that lead to 
the new products that lead to us winning those prizes and their 
markets. We are so proud of the fact we are on target to double the 
funding at NIH. But NIH is not the only place where we need to increase 
our funding for science and technology.
  Our amendment pays for this increase through a $1.4 billion reduction 
in the proposed contingency fund. This offset does not cut any existing 
program or agency. Unfortunately, the President's budget cuts NSF 
research below last year's appropriated level. The President's budget 
also proposes similar cuts in real terms to NASA and the Department of 
Energy research programs. This is unacceptable. While we are on target 
to increase biomedical research at NIH, we must also increase funding 
in the core areas of science and engineering--the same disciplines that 
fuel the very biomedical enterprise we seek to strengthen. CAT Scans 
and MRI's were created by NSF research--not NIH research.
  As the former head of NIH, Dr. Harold Varmus, said:

       Scientists can wage an effective war on disease only if we 
     as a nation and as a scientific community harness the 
     energies of many disciplines, not just biology and medicine. 
     The allies must include mathematicians, physicists, engineers 
     and computer and behavioral scientists.

  Because it is at NSF, NASA, and also DOE that we are supporting basic 
science that saves lives and generates jobs today and jobs tomorrow. 
NASA and NSF made the major innovations in the Internet, satellites, 
and microelectronics. If it were not for federally funded research, 
none of this would exist today.
  But supporting basic scientific research is not just about saving 
lives, it is also about creating the jobs of tomorrow. Federal funding 
for basic scientific research is absolutely necessary for economic 
growth and job creation. I couldn't even begin to list the technologies 
and inventions that were created through Federal research, but I will 
name just a few: the Internet, satellites, and microelectronics. If it 
weren't for federally funded research, none of this would exist today. 
The private sector will always be focused on near-term product 
development--that is what they have to do. But that allows the 
Government to focus on long-term basic research to provide industry 
with the foundation for future product development and future job 
creation for our country. Mr. President, we are on the verge of 
historic breakthroughs in science and technology that will 
revolutionize our economy. Nanotechnology is just one area that could 
transform our economy. Nanotechnology is the science of creating new 
materials and devices at the atomic and molecular levels, through the 
manipulation of individual atoms and molecules.
  What does this mean? It means inventing new materials that are 10 
times stronger than steel--at a fraction of the weight. It means 
supercomputers the size of a teardrop. It means new sensors that can 
detect cancer cells at the earliest stages of development. 
Unfortunately, we may not see the pay-off for 10 or 20 years. Industry 
on its own cannot support such high risk, long term research. That is 
why the Federal Government must support long term basic scientific 
research. For evidence, just look at recent history. The United States 
had led the world in patenting considered a critical measure of 
innovation. Entrepreneurial investment in new technologies and services 
created an estimated one-third of the 10 million new jobs between 1990 
and 1997. Since 1995, growth in gross domestic product per capita 
reached its highest levels in 40 years.

[[Page 5631]]

  We cannot afford to stop now. That is why this amendment is 
necessary. Not only do we need to increase funding for research, we 
need to rebuild our research infrastructure.
  According to NSF, there is an $11 billion backlog in modernizing 
university research labs and research facilities. How can we push the 
frontiers of new technology if our laboratories aren't ready? We are 
seeing a decrease in the numbers of graduates in key science and 
engineering fields. This puts our future innovation capabilities at 
risk. We must work to expand the pool of U.S. scientists and engineers 
by increasing support for K-12 math and science education. We must 
increase support for the education and training at our 2 year colleges, 
undergraduate institutions and research universities. Our international 
competitors won't stand still, and neither can we. With all that is 
confronting us, now is precisely the wrong time to cut funding for 
scientific research.
  I urge all my colleagues to join us by supporting this amendment as a 
necessary and critical investment in the future well being of the 
Nation.
  Mr. President, yesterday I had a great talk with Dr. Sally Ride, the 
first woman to go into space. When she went into space, she took the 
hopes and dreams of so many of us. Dr. Ride holds degrees in both 
English literature as well as astrophysics. If Dr. Ride were here today 
to consult with the Senators, she would say she could do what she did 
because of the funding of the National Science Foundation that helped 
her get the background to be able to go on to be an astronaut. And look 
at what it has meant.
  Our own National Science Foundation today is leading a breakthrough 
effort in a new field called nanotechnology. It could transform our 
economy. It is the science of creating new materials at the atomic and 
subatomic level.
  But what does that mean to those of us who are scientifically 
literate but not scientists? It means a supercomputer the size of a 
teardrop, new materials that are 10 times stronger than steel at a 
fraction of the weight. Think what it means for new materials for our 
airplanes and our automobiles.
  Unfortunately, we will not see this payoff for 10 or 20 years. 
Industry cannot be the venture capitalists in this area. Government 
needs to get into it. By getting involved in nanotechnology and 
infotech technology, we are really taking America to the future. We 
lead the world in patenting and innovation.
  Since 1995, our gross domestic product has increased more. Why? 
Because of innovation that has led to new products and new 
productivity. So we really need to focus our research on what will 
generate this type of activity.
  At the same time, while we are looking at the funding of research, 
there is an $11 billion backlog in modernizing university research labs 
and research facilities. How can we push these frontiers of new 
technology if our laboratories are not ready? This program will help 
with those laboratories.
  I think all here know of my passion for bringing often left out 
constituencies into science and technology--women, people of color.
  It is the National Science Foundation that reaches out to bring them 
into the field of science, mathematics, and engineering. The NSF has 
done a fantastic job reaching out to historically black colleges and to 
women. At the same time we see, particularly with some of the NIH money 
that doesn't necessarily come to States with large rural populations, 
EPSCoR, an excellent program at NSF that brings high-tech research 
opportunities to our smaller rural States, that enables them to come up 
with the new ideas and maybe even jump start efforts of the stodgy 
universities. This is the competition we love. It is the competition of 
ideas, the competition for new products.
  The PRESIDING OFFICER. The Senator's time has expired. The Senator 
from New Mexico has 2 minutes.
  Mr. BINGAMAN. Mr. President, I thank the sponsors of the amendment 
for the opportunity to speak on its behalf. I am a cosponsor of the 
amendment. I believe very strongly that it is the right thing to do. Of 
course, it does not actually get the money appropriated for these very 
important purposes, but it does make it possible for us to do that 
later in this session of the Congress.
  We have seen a commitment over several years now by the Congress to 
adequately fund the National Institutes of Health. I have strongly 
supported that. But we have not seen the same level of commitment, the 
same level of appreciation for the importance of maintaining high 
levels of funding for research and development in the physical sciences 
area. That is what this amendment would do. It would try to bring 
funding for research and development in the physical sciences on a par 
with the funding for the research and development that is pursued in 
the life sciences through the National Institutes of Health.
  This is an extremely important effort, particularly as it relates to 
the Department of Energy's Office of Science, their commitment to 
developing the necessary user facilities across the Nation in two 
critical areas. One is the nanosciences that have been mentioned by the 
Senator from Maryland. The second is in advanced scientific computers. 
In both of these areas, we need to be the world leader. There is no 
reason we cannot be. In both of these areas we need to commit funds in 
order to maintain that leadership position.
  I strongly support the amendment. I commend the sponsors of the 
amendment for proposing it and yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, I thank the distinguished Senator from New 
Mexico for his kind comments as well as the strong comments of the 
Senator from Maryland.
  The PRESIDING OFFICER. All time has expired.
  Mr. BOND. I ask unanimous consent that the distinguished chairman of 
the Budget Committee be identified as an original cosponsor. It was my 
mistake not to include him on that list.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I thank the Senator.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. I yield the floor.
  Mr. CONRAD. Mr. President, I suggest the absence of a quorum.
  Mr. DOMENICI. Will the Senator withhold?
  Mr. CONRAD. I am pleased to withhold for the Senator.
  Mr. DOMENICI. While we are waiting, I yield myself 1 minute off the 
conglomeration of amendments. We won't exceed our time on those.
  I take a minute to respond to the distinguished Senator from 
California who talked about our President and his environmental record. 
I want to make sure everybody out there in the hinterlands knows that 
the Senate had an opportunity to vote on whether it would ever enforce 
the so-called Kyoto accord. Not one single Senator voted that we would, 
indeed, enforce that accord. The vote was either 99-0 or 98-0, 
indicating forthrightly that the treaty would never see the light of 
day because the Senate said it wouldn't.
  I believe we ought to be square with this President and be honest 
with the people. How can he be blamed for doing damage to the 
environment when the Senate clearly said, with not a single dissenting 
vote, that we would not enforce it? If we wouldn't enforce it, it would 
never be effective. It would have no efficacy on the environment of the 
world or America.
  When our President announced that, somebody should have put a little 
scorecard up there that said: The President agrees with the Senate, 
which voted 98-0 that it would not enforce that accord.
  On arsenic, which the Senator from California addressed, there are 
Democratic mayors across this land who have written to the Senator from 
New Mexico. I don't know very many who supported the old arsenic 
regulation because it was nonscientific and was not based on any real 
science. It wasn't only this President. Democratic mayors and 
councilmen joined by Republicans across the land said: Don't make

[[Page 5632]]

us spend all this money when there is no benefit to the public health.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I yield 10 minutes to the Senator from 
Louisiana.
  Mr. BREAUX. Mr. President, I thank the distinguished ranking member, 
Senator Conrad, for his skill in managing our presentation from this 
side on the budget.
  I rise to make some comments in general terms but directing my 
comments to the amendment I introduced today on behalf of myself and 
Senators Nelson, Landrieu, Carnahan, Chafee, Lincoln, Bayh, Torricelli, 
and Jeffords. The amendment provides for a $1.25 trillion tax cut over 
the next 10 years for the enactment of marginal rate reductions and 
estate, marriage penalty, and alternative minimum tax relief, and 
reserves additional resources for other domestic priorities such as 
debt reduction, education, agriculture, defense, and prescription 
drugs. That is the essence of the amendment.
  Let me suggest to my colleagues and, indeed, to the American public, 
that during the Presidential elections of last year, the most important 
thing President Bush was able to enunciate for the American people who 
contributed to his victory was not a number but a concept. The number 
he talked about in the campaign was a $1.3 trillion tax cut for all 
Americans. But more important than the number was the concept in which 
he told the American people that if he were to come to Washington, he 
wanted to change the culture of the way Washington worked or, rather, 
the way Washington did not work.
  He said--I think correctly--that the American people were tired of 
class warfare. The American people were tired of the blame game. The 
American people were tired of seeing Democrats blame Republicans for 
failure. The American people were tired of Republicans blaming 
Democrats for failure. The American people were tired of the blame game 
and the essence in which we argued about failure and whose fault it was 
that nothing was getting done.
  He said: If I get the chance to come to Washington, I will change 
that culture.
  The election was not about a number. It was about changing 
fundamentally the way we do business in this city.
  On this budget, we have the opportunity to show the American people 
that perhaps there is a glimmer of hope, that perhaps with a new 
President in Washington, if he truly believes, as I think he does, that 
he wants to change the culture, this is the first test of whether that 
will be done.
  If you took to the American people a tax cut of over a trillion 
dollars for all Americans and you were able to put together a 
bipartisan coalition of 55, 60, 65 or more votes together in a package 
and say, we have worked together to accomplish this in a bipartisan 
fashion, we have fundamentally changed the way Washington works, that 
would be a victory for this President. It would be a victory for the 
Senate and, far more importantly, it would be a victory for the 
American public.
  Let me assure my colleagues of one thing: This body is not the Super 
Bowl. This body is not the Final Four. In both of those endeavors there 
has to be a winner and there has to be a loser. I suggest that in the 
Congress of the United States that is not true. In the Congress of the 
United States it is far more important that we keep in mind that we 
should be trying to make the American people the real winners. It is 
not as important which party wins, but that both parties can work 
together in order to make a victory available to the people of this 
country.
  I suggest we have an opportunity to do that, and unlike with the 
Super Bowl and the Final Four, everyone can be a winner and there can 
be no losers. It is time that we stop thinking that any number under 
$1.6 trillion is a loss for the President and a victory for the 
Democrats. That is simply not true. A number in between what Democrats 
have offered and what the Republicans have offered that is available to 
all Americans, that receives a substantial degree of support from both 
sides, is an incredible victory. It is an incredible victory not 
because it is a number but because we will have changed fundamentally 
the culture of this city.
  It does not behoove any of us to try to pick one Republican off to 
join this side and for them to try to pick one Democrat off to join 
them on that side. If the American people see that that is the way 
Washington works in the year 2001, they will say the last Presidential 
election meant very little because of all the talk about change in the 
culture, and we ultimately get back to the same old way of doing 
things. We pick up one, they pick up two; we pick up one, we get a 50-
50 tie; and then we bring down the Vice President to break the tie and 
one side declares victory.
  In essence, I think that is a short-term, shallow victory. In 
essence, I think it would be a serious defeat for all Americans who 
think we should change the culture of the way this institution works. 
We have offered something that I think could be a victory for everyone. 
We have offered a plan that should bring about serious negotiations, 
where we all sit together and not try to pick each other off, but we 
try to create a system that works for the benefit of all Americans.
  What is not a victory is trying to pick each other off one at a time, 
with one more promise than the last group made, to try to say: Be with 
me for a short while so I can go to the winner's circle and be declared 
the victor.
  We have an opportunity in this divided Congress--a President who won 
the electoral college but not the popular vote, a House of 
Representatives that is closer than it has been in decades, and a U.S. 
Senate that, for only the second time in our country's history, is 
absolutely deadlocked--that should not be a problem. That should be an 
opportunity. It should be the opportunity that this President talked 
about when he was running: ``If I am elected and I go to Washington, I 
will fundamentally change the culture of that city.''
  This is the first test of whether we are going to change it. This is 
the first opportunity to show the American people that things will be 
done differently.
  For all of my colleagues on both sides of the aisle who have joined 
with us in offering this, I think this is the answer to the deadlock in 
which we are involved. I thank them for their participation. I 
encourage all of my colleagues to work with us to ensure not just one 
party's victory but a victory for the American public.
  I reserve the remainder of my time.
  Mr. CONRAD. Mr. President, I yield 5 minutes to the Senator from 
Nebraska.
  Mr. NELSON of Nebraska. Mr. President, I rise today to speak in favor 
of the Breaux-Nelson-Jeffords, et al., bipartisan tax cut plan. This 
compromise is the result of careful consideration of the two 
philosophies dominating the tax cut debate today. The first was the 
belief that the $750 billion tax cut was not sufficient, considering 
the size of our projected surplus. Yet the second was that the $1.6 
trillion tax cut could negatively impact programs in agriculture and 
defense, which are so important to the people of America and the people 
of Nebraska.
  To put it another way, this legislation was written with one specific 
goal in mind: to cut taxes without cutting hope, and to do so in a 
bipartisan manner. We have worked deliberately toward that end, and I 
am pleased to stand here today and help introduce a tax cut package 
that will, in fact, achieve that goal.
  In this plan we have included a $1.25 trillion tax cut proposal, and 
we put $350 billion back into the surplus so it can be used for 
increased debt reduction and the programs that are vital to the future 
of our industry, such as agriculture, defense, education, and a 
prescription drug benefit.
  Acknowledging the discrepancy between the two plans offered today for 
consideration gives us the chance to negotiate our partisan differences 
on the tax cut. I believe quite strongly that the Breaux-Nelson-
Jeffords, et al., plan is an excellent starting point for this 
discussion.
  I have had the privilege of working with the President back in the 
days

[[Page 5633]]

when I was Governor Nelson and he was Governor Bush. So I am familiar 
with the bipartisan efforts he undertook in the State of Texas. We both 
campaigned on the premise that we would reach across party lines to 
find sensible solutions to the Nation's most pressing issues. With this 
bipartisan proposal on the table, the President and the White House 
have the opportunity to demonstrate their negotiating skills and their 
desire to work together to achieve an ideological conclusion that is 
based not on partisanship, but is based on partnership.
  Persuading one or two Democrats to vote with 48 or 49 Republicans 
doesn't, in my opinion, constitute bipartisanship. However, sitting 
down and working out our differences to establish a constructive 
alternative does, in fact, constitute bipartisanship.
  On the surface, this legislation is about the tax cut, but it is also 
about much more than a tax cut. This bill is about changing the 
partisan tenor in Washington. And when we can successfully negotiate 
with the people at both ends of Pennsylvania Avenue, as well as with 
colleagues on either side of the table, we will be taking a step in the 
right direction. I am confident that if we work together, we will in 
fact reduce our differences, and we will also in fact reduce taxes; but 
we will not reduce our hopes and our dreams or those of others.
  Mr. CONRAD. Mr. President, I compliment the Senator from Nebraska. He 
has been an exceptional addition to the Senate. He comes to us as a 
very distinguished former Governor, and he has made a great 
contribution to this debate in the Senate. I want to say that we 
welcome him, and we are so pleased that he has played this constructive 
role.
  Mr. President, I yield 5 minutes to the Senator from New Jersey.
  Mr. TORRICELLI. Mr. President, at some point, the division of this 
Senate on the issue of a tax reduction proposal must end. We must find 
some moment where there is a bipartisan approach that both protects our 
resources to deal with education and health care initiatives, but also 
has meaningful tax reduction. This can be that moment.
  I join with Senator Breaux because I believe we have found a 
reasonable compromise that is bipartisan--a $1.25 trillion tax 
reduction that lowers rates, offers real relief to middle-income 
families, but also protects enough resources to deal with our 
education, prescription drugs, and other family needs.
  We have been told in recent months that there is a false choice. We 
can either deal with these problems or we can provide tax relief, but 
most assuredly we cannot do both. With this proposal, we achieve both 
by doing each modestly.
  I have in the past indicated my belief that I could support a $1.6 
trillion tax reduction as proposed by President Bush. Indeed, if 
required to do so, at some point I might vote for it, but surely this 
is the better path--not a tax reduction of 51 votes, no Vice President 
breaking a tie to decide upon a major national initiative that will 
decide the basic fiscal parameters of this Government for the next 
decade. This, a bipartisan plan that is affordable, protects the 
surplus and allows for a variety of other initiatives.
  This is the most important part of the plan because while these are 
good times in America, they are not perfect times; and while the 
economy has been strong, it is now troubled.
  In the last few years, we began an effort to hire 100,000 teachers; 
50,000 remain to be hired to complete the program to reduce class size 
in America to 18 because we know it is the one variable that does the 
most to improve the quality of education.
  Under the plan I offer with Senator Breaux, this initiative can 
proceed. I am not certain it can with a larger tax cut program.
  The Nation is living through a virtual revolution of technology with 
prescription medications prolonging life and helping the quality of 
life. Yet 15 million Americans have no access to prescription drugs. 
They are a vital part of their quality of life.
  This plan leaves enough resources to write a realistic prescription 
drug program. Were it larger, I am not certain that would be possible.
  I hope Members of the Senate will look carefully at what Senator 
Breaux has offered today, our first chance at a bipartisan product to 
move toward meaningful tax reduction and a balanced program. I am 
sympathetic with the need to reduce taxes and reduce them substantially 
and immediately. I do not think a nation at peace, in relatively good 
economic times, should be taking 28 or 30 percent of the incomes of 
middle-income families. Indeed, 39 percent of the income of any 
American family should not be expected in peacetime and in relatively 
good times.
  That is exactly what we are asking of the American people. The 
average per capita tax in America is $6,300. In my State of New Jersey, 
it is an astounding $9,400 per person. For a middle-income family, that 
is money the Federal Government should not expect because the Federal 
Government does not need it. That is money that should be going to 
educate children, feed them, house them, to deal with family security 
and emergencies and savings. That is the better use of these resources.
  I believe that meaningful tax reduction in an economy of this size, 
with these emerging surpluses, can allow for dramatic tax reduction on 
this scale.
  Senator Breaux has offered a meaningful beginning to writing that tax 
reduction and providing that relief. I am proud to join with him.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I thank the Senator from New Jersey once 
again for a powerful and persuasive presentation.
  Mr. President, I ask the Senator from Connecticut if he seeks time.
  Mr. DODD. I do, Mr. President.
  Mr. CONRAD. I yield 10 minutes to the Senator from Connecticut.
  Mr. DODD. Mr. President, my amendment is currently being crafted, and 
I have been in discussion with the distinguished chairman of the Budget 
Committee. I will explain what the amendment is and then I will offer 
it shortly.
  I will be offering this amendment on behalf of myself and several of 
my colleagues: Senators Wellstone, Clinton, Bingaman, Corzine, Murray, 
Landrieu, Lincoln, Rockefeller, Dayton, and Durbin.
  This amendment ensures that critical children's programs will be 
protected from harmful cuts. President Bush, as we all know, campaigned 
on the promise to leave no child behind. If we heard it once, we heard 
it a thousand times during the campaign. Those of us who took this 
President at his word were dismayed, to put it mildly, by the news 2 
weeks ago that he intends to pay for the tax cut by cutting programs 
affecting children's health, children's hospitals, child care, and 
child abuse prevention treatment programs.
  His actions certainly beg the question: When he pledged to leave no 
child behind, which children did he mean? Not abused and neglected 
children apparently because he would cut funding for child abuse by 18 
percent.
  Yesterday I attended a wonderful program sponsored by Child Help USA, 
a national group supporting programs to eliminate child abuse in this 
country. I was pleased to have the opportunity to participate in the 
program. The luncheon was co-hosted by the distinguished wife of our 
majority leader and my wife. We had speakers from the House and the 
Senate, as well as many experts from across the country who are 
involved in child abuse prevention. Groups like Child Help USA, serving 
the needs of abused and neglected children throughout the nation, 
deserve our utmost support. The amendment that I offer today is a step 
in the direction of providing that support.
  What we are doing with this amendment is seeing to it that the level 
of funding for child abuse at the very least remains the same and we do 
not have an 18-percent cut in that program, as called for in President 
Bush's budget.
  More than 800,000 children are the victims of child abuse each year. 
Certainly an 18-percent cut in that program can be devastating for 
these very worthwhile efforts.

[[Page 5634]]

  Children's hospitals is a second issue addressed by this amendment. 
These hospitals train more than 25 percent of our Nation's 
pediatricians and more than 50 percent of the country's pediatric 
specialists. A $35 million cut in that program which trains 
pediatricians and pediatric specialists is surely a move in the wrong 
direction. The most critically ill children in our country are at these 
children's hospitals, and seeing to it they get the proper assistance 
and support is critically important.
  The third issue addressed by my amendment is the restoration of the 
$20 million cut in the early learning programs contained in President 
Bush's budget. These early learning programs were sponsored by our 
colleague from Alaska, Senator Stevens, and our colleague from 
Massachusetts, Senator Kennedy. I believe the early learning program is 
certainly worthwhile, and it has to be restored. My amendment will 
restore this cut.
  Lastly, as many of my colleagues know, child care is a very important 
program to our nation's children and families. Last year, this body, 
along with the other body, increased funding for child care. Under the 
President's proposal, child care would be cut by $200 million which is 
a major step in the wrong direction. Given the needs of children who 
are on waiting lists for child care and of working families who need 
help in paying for the cost of child care, child care funding is 
vitally important. Mr. President, in Texas, 41,000 children are on the 
waiting list for child care assistance, in Florida, 44,000; 
Mississippi, 15,000; 16,000 in Massachusetts; 14,000 in North Carolina. 
Yet if the proposed cuts went into place, 60,000 more families with 
young children and toddlers would be denied child care assistance under 
the child care development block grant that was authored by my 
colleague from Utah, Senator Hatch, and myself. We think the 
restoration to present levels of funding is the very least we can do as 
we enter the 21st century with the established need for well-trained 
pediatricians, good early learning programs, adequately dealing with 
child abuse, and providing at least the same level of funding for child 
care assistance in this country.
  We are told all the reasons we need to have a tax cut of this size, 
but to do that, it seems to me, the cost of cutting into programs for 
the most needy people in our society--children in children's hospitals, 
children who are abused, children who need early learning programs--is 
too high a price to pay for tax relief. To say we cannot provide some 
reduction in that tax cut, where the bulk of it is still going to those 
who can afford these programs the most, to provide some assistance to 
these children and these families is something for which this body I 
believe does not want to be on record.
  This is not an increase. I stress to my colleagues, I am not asking 
for that. I will, however, at some point. Today all I am asking for is 
the restoration of last year's funding levels. That is all--child 
abuse, child care, and pediatric care, along with early learning 
programs that Senator Stevens and Senator Kennedy have championed, do 
not deserve these cuts. All I am asking for with this amendment is that 
we--at the very minimum--provide the same level of funding we provided 
just last year. While I surely support adding to these levels, and will 
work toward boosting funding as we move into the appropriation's 
process, the amendment I offer today simply restores cuts to these 
vital programs contained in President Bush's budget. Don't make cuts in 
these programs at the same time we are offering a substantial tax break 
for those I know who like it, but many of them would agree that their 
money could be better invested in programs that serve vulnerable 
children and families.
  I ask my colleagues to support this amendment.


  I yield 1 minute to my colleague from Minnesota.
  Mr. WELLSTONE. Mr. President, I thank the Senator from Connecticut 
for his amendment. I thank him for his passion for children. I am very 
proud to be an original cosponsor of this amendment. I thank my 
colleagues on the other side of the aisle, if indeed they support this 
amendment. To cut funding for a program that would help with prevention 
of child abuse, to cut funding for child care, little children, to cut 
funding for training for doctors at some of our children's hospitals 
where you have some of the sickest children is no way to realize the 
goal of leaving no child behind.
  This amendment restores funding. There will be a number of Senators 
fighting for more funding for investment in children, especially 
prekindergarten, little children. This is a good amendment. I thank my 
colleague from Connecticut. I am proud to be a supporter.
  Mr. DODD. We are talking about a very modest amount of money. We 
Members have been talking about billions of dollars yesterday and 
today. This amendment does not even get near the $1 billion figure. 
While we regularly talk of billions and trillion of dollars around here 
as if they don't count much, they surely count if you have a child in a 
children's hospital needing help, if you are a parent trying to afford 
child care and you are working, if you have seen what happens to 
children that are abused. The millions of dollars that this amendment 
will restore, while not the billions we usually talk about, can make a 
huge difference to a family with a sick child or in need of child care. 
Sixty thousand children could be positively affected by keeping the 
funding level for child care, not to mention the thousands of kids who 
need the help in our children's hospitals for pediatric care, and not 
to mention the abused and neglected children that would benefit from 
this amendment.
  I hope that the request that I am making to my colleagues on the 
Budget Committee with this amendment will find some room in their 
hearts to at least keep the playing field level for children and 
families that need our help. If we reduce the tax cut by this tiny 
amount, it will not cause any great damage to other people. These 
programs are deserving. The American public believes that children who 
are sick and need care, abused kids, deserve to get help.
  I urge adoption of this amendment.
  Mr. DOMENICI. If the Senator will modify the amendment so the money 
is taken out of the contingency fund instead of the tax cut it will be 
passed. Otherwise, we will have to wait and see what we can do.
  I will take a minute in response to the Senators who spoke for a tax 
number considerably lower than the President's. I heard the number was 
$1.25 trillion. I heard both of the Senators on the other side, led by 
Senator Breaux, say we ought to have a bipartisan approach. The 
President came to town and they are quite sure this is what he would 
like because it is bipartisan.
  I remind everybody what I am willing to do as chairman of the Budget 
Committee, to make sure the Senate understands--each and every Senator 
and those who report for them--we are asking for the President's 
proposal. I have heard him now more than 10 times clarify this. They 
ask him: What about $1.25 trillion, Mr. President? What about $1.4 
trillion, Mr. President? Of course he is good-natured; he listens and 
he says: I think that is too low. I think that is too low. They ask for 
a higher amount because some want more than 1.6, and he says that is 
too high and 1.6 is just about right.
  Those who are suggesting they are doing what the President is seeking 
when they are asking for $1.25 trillion instead of $1.6 trillion, that 
is their proposal. That is not the President's proposal. It may be they 
will prevail and we won't get the President's proposal.
  I want everybody to know that is my brief response to the two or 
three speeches made on the other side of the aisle, led by the 
distinguished senior Senator from Louisiana, the junior Senator from 
Nebraska, and the senior Senator from New Jersey.
  I yield the floor.

[[Page 5635]]


  Mr. ROCKEFELLER. Mr. President, I rise today to join my colleagues in 
advocating passage of the Bond and Mikulski amendment on science and 
technology research funding. This amendment recognizes the critical 
importance of Federal science and technology funding in expanding the 
frontiers of science and laying the groundwork for economic success.
  The Bond-Mikulski amendment will increase the funding for the 
National Science Foundation, the Department of Energy's R&D activities, 
and NASA. Importantly, the increase to NSF would return us to a path to 
double that agency's funding over the next five years. I have worked 
for many years with Senators Frist, Lieberman and others on the Federal 
Research Investment Act, which would double federal funding government-
wide for science and technology research. That bill has passed the 
Senate twice, but has yet to become law. This year I hope that it will 
pass both Houses and become law. This amendment contributes to that 
larger overall effort by maintaining our funding trajectory for several 
agencies for the current budget. The Federal Research Investment Act is 
still necessary to reach our goal on the larger group of agencies that 
together represent our nation's overall commitment to federal science 
support, and to ensure that funding will be adequate over a longer time 
period.
  Senators Bond, Mikulski, Frist, Lieberman, and I are not alone in our 
call for more substantial funding for science and technology research. 
The House Science Committee, CEOs of our high technology companies, 
Presidents of our leading universities, our top scientists and 
economists, and representatives of labor organizations have all made it 
clear that Congress must make significantly higher long-term 
investments in science and technology research. Congressional failure 
to appropriate more funding for science and technology research will 
threaten America's competitive advantage in information technology, 
biotechnology, health science, new materials, and other critical 
technology-intensive fields. As we all know, many of our best economic 
thinkers, including Alan Greenspan, MIT economist Lester Thurow, and 
Harvard Business School professor Michael Porter, have asserted that 
our country's leadership in these areas is a critical ingredient for 
future economic success.
  This amendment gives us a chance to make an important investment in 
our country's future and to lay the groundwork for continued American 
high-tech leadership. I urge my colleagues to heed our high-tech, 
academic, and labor leaders' call to action on federal R&D support and 
work together to pass this important amendment.
  Mr. LIEBERMAN. Mr. President, I am pleased to cosponsor this 
amendment offered by Senators Bond and Mikulski to increase funding 
authorization for Function 250. Studies have shown that roughly half of 
the economic growth in the past 50 years is a direct result of 
technological innovation; science, engineering, and technology play a 
central role in the creation of new goods and services, new jobs and 
new capital. Three of the greatest generators of innovative ideas, The 
National Science Foundation, NASA, and the Department of Energy, 
receive significant budget increases in this amendment, reaffirming our 
nation's commitment to achieving advances in science and technology.
  This commitment to research and development is also imperative for 
training the next generation of scientists and engineers. Reductions in 
R&D translate to reductions in the number of students trained in 
technical disciplines. In short, strong support for federally-funded 
R&D is crucial to continued economic and technological success for our 
Nation.
  Mr. DASCHLE. Mr. President, I want to indicate my strong support for 
the amendment offered by Senator Bond and Senator Mikulski that would 
increase the amount of funding available for scientific research at the 
National Science Foundation, NASA and the Department of Energy by $1.4 
billion.
  Our nation's capacity for groundbreaking scientific research is one 
of its greatest assets. Scientific research strengthens our economy, 
improves our international competitiveness and raises the quality of 
life for all of our citizens. President Bush's 2002 budget, however, 
will retard our nation's investment into such research. For example, it 
virtually freezes funding for the National Science Foundation, NSF, 
cutting facility project funding by $13 million, and providing no 
funding for new projects. Such cuts threaten to throw our country's 
research portfolio out of balance by not providing for needed advances 
in the physical sciences and engineering.
  Science is a bipartisan issue. A recent Wall Street Journal article 
reported that to pay for his tax cut, ``President Bush is having to 
chop another Republican priority: increased government spending for 
science.'' D. Allen Bromley, a professor of nuclear physics at Yale and 
science and technology advisor to former President George H. W. Bush, 
recently wrote, ``the proposed cuts by the Bush Administration to 
scientific research are a self-defeating policy. Congress must increase 
the federal investment in science. No science, no surplus. It's that 
simple.'' Even Former House Speaker Newt Gingrich has been reported as 
calling the President's NSF budget ``a tragic mistake,'' stating it 
``should be $11 billion'' instead of $4.5 billion.
  Earlier this year, a blue-ribbon panel of physicists recommended a 
site in my state of South Dakota, the Homestake Gold Mine, as its 
preferred location for a world class underground physics lab. Last 
year, the Homestake Mining Company announced it will close its doors 
this December after more than 125 years of operation. The mine has been 
the economic mainstay of the Black Hills of South Dakota, and its 
closure would have a devastating effect on the surrounding communities. 
Converting the mine into a world-class research facility holds great 
promise for the scientific community at large and would minimize the 
disruption the mine's closure will have on the region. With an 
underground laboratory, hundreds of new jobs would be created, business 
would expand, and new opportunities for growth and learning would 
abound.
  If Homestake is selected as the site for a national underground 
science laboratory, it is imperative for the project to be funded this 
year. Unless construction begins this year, Homestake Mining Company 
will allow the mine shafts to flood when the mine closes, permanently 
foreclosing any chance of building the lab at Homestake. Moreover, the 
longer we delay, the more likely it is that the mine's workforce will 
leave, crippling our ability to construct the lab.
  The Bond/Mikulski amendment will greatly enhance the prospects that 
valuable scientific ventures like the national underground physics 
laboratory will secure the government support needed to make them 
viable. I encourage my colleagues to support it.


                           Amendment No. 322

  Mr. DODD. I call up amendment No. 322.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Connecticut [Mr. Dodd] proposes an 
     amendment numbered 322.

  Mr. DODD. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To increase discretionary funding for Early Learning, Child 
Care Development Block Grant, Child Abuse Prevention and Treatment, and 
                        Pediatric GME programs)

       On page 2, line 17, increase the amount by $1,163,000,000.
       On page 2, line 18, increase the amount by $1,498,000,000.
       On page 3, line 13, decrease the amount by $1,163,000,000.
       On page 27, line 3, increase the amount by $243,000,000.
       On page 27, line 4, increase the amount by $243,000,000.
       On page 28, line 22, increase the amount by $50,000,000.
       On page 28, line 24, increase the amount by $50,000,000.
       On page 32, line 15, increase the amount by $870,000,000.
       On page 32, line 16, increase the amount by $870,000,000.

[[Page 5636]]

       On page 43, line 15, decrease the amount by $1,163,000,000.
       On page 43, line 16, decrease the amount by $1,163,000,000.
       On page 48, line 8, increase the amount by $1,163,000,000.
       On page 48, line 9, increase the amount by $1,163,000,000.

  The PRESIDING OFFICER. The Senator from Ohio.


                           Amendment No. 288

  Mr. VOINOVICH. Mr. President, on behalf of Senators Gregg and 
Feingold, I send an amendment to the desk and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Ohio [Mr. Voinovich], for himself, Mr. 
     Feingold and Mr. Gregg, proposes an amendment numbered 288.

  Mr. VOINOVICH. I ask unanimous consent the reading be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To improve the fiscal discipline of the budget process)

       At the appropriate place, insert the following:

     SEC.  . EMERGENCY DESIGNATION POINT OF ORDER IN THE SENATE.

       (a) Designations.--
       (1) Guidance.--In making a designation of a provision of 
     legislation as an emergency requirement under section 
     251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, the committee report and any 
     statement of managers accompanying that legislation shall 
     analyze whether a proposed emergency requirement meets all 
     the criteria in paragraph (2).
       (2) Criteria.--
       (A) In general.--The criteria to be considered in 
     determining whether a proposed expenditure or tax change is 
     an emergency requirement are--
       (i) necessary, essential, or vital (not merely useful or 
     beneficial);
       (ii) sudden, quickly coming into being, and not building up 
     over time;
       (iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       (iv) subject to subparagraph (B), unforeseen, 
     unpredictable, and unanticipated; and
       (v) not permanent, temporary in nature.
       (B) Unforeseen.--An emergency that is part of an aggregate 
     level of anticipated emergencies, particularly when normally 
     estimated in advance, is not unforeseen.
       (3) Justification for failure to meet criteria.--If the 
     proposed emergency requirement does not meet all the criteria 
     set forth in paragraph (2), the committee report or the 
     statement of managers, as the case may be, shall provide a 
     written justification of why the requirement should be 
     accorded emergency status.
       (b) Point of Order.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, a point 
     of order may be made by a Senator against an emergency 
     designation in that measure and if the Presiding Officer 
     sustains that point of order, the provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (c) Waiver and Appeal.--This section may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       (d) Definition of an Emergency Requirement.--A provision 
     shall be considered an emergency designation if it designates 
     any item an emergency requirement pursuant to section 
     251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       (e) Form of the Point of Order.--A point of order under 
     this section may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (f) Conference Reports.--If a point of order is sustained 
     under this section against a conference report, the report 
     shall be disposed of as provided in section 313(d) of the 
     Congressional Budget Act of 1974.
       (g) Conforming Repeal.--Section 205 of H. Con. Res. 290 
     (106th Congress) is repealed.

     SEC.  . CLOSING BUDGET LOOPHOLES.

       (a) Changing Caps.--It shall not be in order in the Senate 
     to consider any bill or resolution (or amendment, motion, or 
     conference report on that bill or resolution) that changes 
     the discretionary spending limits this resolution.
       (b) Waiving Sequester.--It shall not be in order in the 
     Senate to consider any bill or resolution (or amendment, 
     motion, or conference report on that bill or resolution) that 
     waives or suspends the enforcement of section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (c) Directed Scoring.--It shall not be in order in the 
     Senate to consider any bill or resolution (or amendment, 
     motion, or conference report on that bill or resolution) that 
     directs the scorekeeping of any bill or resolution.
       (d) Waiver and Appeal.--This section may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.

  Mr. VOINOVICH. Mr. President, when I came to the Senate in 1999, one 
of my goals was to bring fiscal responsibility to Congress and to our 
Nation.
  In this regard, I have pursued my fiscal priorities, which are: pay 
down the debt, control spending, and, if possible, return to the 
taxpayers any of their money that is not needed to meet our most 
pressing obligations.
  Over the last 2 years we have had the proverbial ``good news/bad 
news'' with respect to putting our fiscal house in order.
  The good news is, we are not using the Social Security surplus or the 
Medicare Part A surplus to cover our spending, allowing them instead to 
be used as they were intended. In effect, we have managed to ``lock 
box'' Social Security since 1999, and Medicare since 2000. I think we 
need legislation to make sure we continue to do that.
  In addition, because we haven't dipped into Social Security or 
Medicare surpluses, we have been able to allocate a total of $363 
billion towards debt reduction in the last 2 years.
  The bad news is, we have spent far too much money over the last 2 
years. For fiscal year 2001, we increased non-defense discretionary 
spending 14.3 percent last year and we had an 8.6 percent increase the 
year before.
  In the last half of last year, the 106th Congress increased spending 
over 10 years by $598 billion. Nearly $600 billion of the taxpayers' 
money gone--used up. That is disgraceful.
  Therefore, to help avoid a repetition of this sad episode, I am 
proposing this amendment with my two colleagues, Senator Feingold and 
Senator Gregg.
  The amendment we are offering helps to refine the procedures in the 
budget process that are designed to control spending. It is clear from 
the egregious levels of spending in the past couple of years that the 
existing process needs reinforcement.
  Our amendment is designed to tighten the enforcement of existing 
spending controls. To do this, we create an explicit point of order 
against emergency spending that does not meet the definition for 
emergency spending as laid out by OMB.
  Under our amendment, Senators may raise a point of order against 
legislation designated as emergency spending that fails to meet certain 
criteria.
  This provision would apply equally to both discretionary and military 
spending and would also establish a 60-vote waiver threshold.
  I realize we will not completely stop the problem of Congress' over-
spending here today, but it is a reasonable first step.
  So what we are doing here with this amendment is closing budget 
loopholes by: Creating a point of order against actions that raise the 
discretionary spending caps; creating a point of order against efforts 
to waive sequesters, which is a budget enforcement mechanism; and 
creating a point of order against directed scoring in essence, telling 
OMB and CBO how to treat spending that others use in order to dodge 
spending limits.
  Any waiver of these measures will require 60 votes.
  I want to reassure my colleagues that our amendment will not preclude 
the use of emergency spending to meet our true defense needs.
  I have no doubt whatsoever that should this Nation face a crisis, 
there will be well over 60 Senators willing to vote to waive any 
possible use of this point of order.
  I believe that it is important that we have this tool to eliminate 
the irrelevant spending that so often gets ``tacked on'' to our defense 
emergency supplemental appropriations bills.
  For instance, in past defense supplementals, we have spent: $1 
billion on ballistic missile defense enhancements; $200 million on 
defense health programs; and $42 million on defense counter-drug and 
drug interdiction activities.

[[Page 5637]]

  I would question whether these defense ``emergencies'' could not have 
been handled in the normal appropriations process.
  Total emergency supplemental defense spending in fiscal year 2000 
amounted to $17.5 billion, and in fiscal year 1999, it totaled $16.8 
billion.
  Even for Washington, these are large sums of money.
  I am sure that the vast majority of this spending is for legitimate 
emergencies.
  However, I believe we need an added safeguard to help stop abuses of 
the emergency spending designation in an effort to circumvent our 
spending caps.
  I believe this amendment is a sensible approach to achieving our goal 
of fiscal responsibility and it represents a good step toward improving 
the transparency of our budget process.
  I urge my colleagues to support this amendment.


                     Amendment No. 322, As Modified

  Mr. DODD. Mr. President, I send a modification of my earlier 
amendment to the desk.
  The PRESIDING OFFICER. The Senator has that right.
  The amendment, as modified, is as follows:

 (Purpose: To increase discretionary funding for Early Learning, Child 
Care Development Block Grant, Child Abuse Prevention and Treatment, and 
                        Pediatric GME programs)

       On page 2, line 17, increase the amount by $270,700,000.
       On page 3, line 13, decrease the amount by $270,700,000.
       On page 27, line 3 increase the amount by $270,700,000.
       On page 27, line 4 increase the amount by $243,000,000.
       On page 28, line 22 increase the amount by $50,000,000.
       On page 28, line 24 increase the amount by $50,000,000.
       On page 32, line 15 increase the amount by $870,000,000.
       On page 32, line 16 increase the amount by $870,000,000.
       On page 4, line 2 increase the amount by $270,700,000.
       On page 4, line 16 increase the amount by $270,700,000.

  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I am pleased to join my colleagues, 
Senators Voinovich and Gregg, to offer this amendment to improve fiscal 
discipline.
  Our amendment would strengthen enforcement tools. The amendment would 
restate the procedure on emergency spending from last year's budget 
resolution, with one change. It would put emergency defense spending on 
exactly the same footing as emergency domestic spending. All emergency 
designations would thus be subject to a 60-vote point of order.
  As under current practice, if sustained, the point of order would 
strike the emergency designation, but leave the associated funding. If 
the funding, without the emergency designation attached, would push the 
total funding for the bill over its allocation, or over the total 
discretionary spending cap, another point of order could be raised.
  Our amendment would also close several budget loopholes. It would 
make out of order three separate devices used to evade budget 
discipline: changing the discretionary spending caps, waiving a 
sequester, and directing scorekeeping. Under current law, doing any of 
these three things is out of order on any bill not reported by the 
Budget Committee. Our amendment would extend that prohibition to all 
bills.
  This amendment will strengthen budget enforcement. I urge my 
colleagues to support it.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. VOINOVICH. I want to remind my colleagues of one thing. The 
direct scoring was used in the last two omnibus appropriation bills to, 
frankly, avoid busting the budget caps. That is why it is so important 
we have this point of order.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, the pending amendment is not germane. 
Therefore, I am constrained to raise a point of order. The amendment 
violates section 305(b)(2) of the Congressional Budget Act of 1974.
  Mr. VOINOVICH. Mr. President, I ask the point of order be waived and 
ask for the yeas and nays on the waiver of the point of order.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Had the Senator used all his time? How much time did he 
use?
  The PRESIDING OFFICER. They used 7 minutes.
  Mr. DOMENICI. Would the Senator like to speak a little longer on this 
amendment in case somebody is interested?
  Mr. VOINOVICH. Not necessarily, unless somebody wants to speak 
against it. Then I will answer.
  Mr. CONRAD. Does the Senator from South Carolina seek time?
  Mr. HOLLINGS. Mr. President, I ask for 10 minutes from my 
distinguished chairman?
  Mr. CONRAD. I yield to the Senator from South Carolina 10 minutes.


                           Amendment No. 225

  Mr. HOLLINGS. Mr. President, I call up amendment No. 225 on behalf of 
myself, Senator Biden, Senator Daschle, and others.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from South Carolina [Mr. Hollings], for 
     himself, Mr. Biden, and Mr. Daschle, proposes an amendment 
     numbered 225.

  Mr. HOLLINGS. 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 provide for a $85 billion tax rebate, and for other 
                               purposes)

       On page 43, strike lines 10 through 12, and insert the 
     following:
       (A) New budget authority, $85,000,000,000.
       (B) Outlays, $85,000,000,000.
       (C) The Senate finds that
       (i) given the apparent economic slowdown, the Congress 
     should stimulate the economy by passing a 1-year true tax cut 
     stimulus package that provides income tax and payroll tax 
     relief;
       (ii) for real economic stimulus the 1-year tax cut should 
     equal approximately 1 percent of the gross domestic product, 
     or $95,000,000,000;
       (iii) a meaningful economic stimulus must reach as many 
     taxpayers as possible, or at least 120 million people;
       (iv) the broadest range of taxpayers can be reached by 
     offering a direct rebate based on income tax liability or 
     payroll tax liability; and
       (v) the tax stimulus bill should be immediate and take 
     effect on or before July 1, 2001.
       (D) It is the sense of the Senate that the levels in this 
     resolution assume that the Senate should as soon as practical 
     consider and pass a stimulus tax package pursuant to this 
     budget resolution that will result in a rebate of
       (i) up to $500 per individual or $1,000 per couple for 95 
     million taxpayers who pay income tax; and
       (ii) up to $500 for the 25 million taxpayers who pay 
     payroll taxes but do not have income tax liability.

  Mr. HOLLINGS. Mr. President, my appeal now is to all Democratic 
Senators, all Republican Senators--to the Senate as a body--to heed the 
distinguished majority leader's admonition to us last evening when he 
exclaimed: We are fiddling while Rome burns. What we should be doing is 
taking up a stimulus measure to get the economy moving, not, if you 
please, worrying about what is going to happen over the 10-year 
period--not for the elections next year, or education, or housing, or 
Patients' Bill of Rights, or health care, or any of these other things.
  Distinguished members of the Concord Coalition, including the former 
Secretary of the Treasury, Secretary Rubin, and former Senators Warren 
Rudman and Sam Nunn, recently wrote an editorial to The Washington 
Post, ``On Taxes, One Step At A Time,'' saying what we really need:

       We believe an immediate fiscal stimulus can be provided 
     independently of the proposed 10-year tax cut.

  That is exactly what my amendment is cut out to do. The previous 
amendment, the Durbin amendment, involves the tax cut. This has nothing 
to do

[[Page 5638]]

with the tax cut. It responds to what Rubin and others have been 
saying, that is, to at least try to get 1 percent of a $10 trillion 
economy, around $85 billion or $95 billion, to extend to the greatest 
number of Americans--namely, the 95 million taxpayers and the 25 
million payroll workers, some 120 million Americans--a $500 rebate, 
Senator Domenici, or $1,000.
  You ask me where the money is? This is the most money we can utilize 
for stimulus without touching the Medicare and Social Security trust 
funds. I would have put in even more, if it was available. The $60 
billion the distinguished Senator from New Mexico has in his bill was 
called, by Steve Forbes, ``an hors d'oeuvre.'' I call it half a 
haircut. I do not know whether the $85 billion in this particular 
measure is going to do the trick. I hope so. But we have the best 
authorities from all walks of economic life, and from the market 
itself, in agreement.
  MIT professor Lester Thurow:

       If President Bush were really interested in using taxes to 
     stop the plunge in the economy, he would drop his 10-year tax 
     cut and first go for a large 1-year temporary tax cut, a 
     stimulus package that could be extended for another year if 
     needed.

  That is exactly what I have done. I am not involved in the budget 
arguments so as to divorce it from the politics of tax cuts; rather, 
get a true stimulus package.
  Robert Kuttner, whose column appears in the Boston Globe: First, the 
tax cut should be smaller, quicker, and directed to people who need it.
  The best idea proposed by Harvard's Richard Freeman and the Economic 
Policy Institute is a one-time dividend of $500 for every woman, man, 
and child. That would inject a lot of stimulus into the economy right 
now. The Treasury could send out the checks within a month.
  We are all complaining about Alan Greenspan, but we have to do our 
part here. If you want to accept responsibility for the recession, just 
vote against this amendment, because this is not involved in the 
politics, tax, or the budget debate. This is involved in what everyone 
says--Republicans and Democrats, economists and market experts--that we 
need right now.
  David Broder:

       If they can, this country can reap the benefits of an 
     immediate tax cut that will cushion the effects of the 
     slowdown of the economy.

  That is just last week. And this week's Business Week headline reads: 
America Needs That Tax Cut Right Now.
  We made it a rebate because I am confident that our friends on the 
other side of the aisle will not support the Durbin amendment. Of 
course, the Durbin amendment is not an amendment with respect to the 
$60 billion amount, it is an endorsement of the same amount. I think it 
is inadequate on the one hand, but otherwise it gives that 10-year 
lower bracket of 15 percent down to 10 percent, which costs them $500 
billion and goes right in the face of the Bush tax cut.
  I do not want to get involved in that political argument. I want a 
true tax cut for which everybody can vote. That is it.
  What we have been doing here has gotten all wound up with the rich, 
the poor, the high, the low; what are we going to do for medicine, what 
are we going to do for defense and everything in the next 10 years. But 
as the distinguished majority leader yesterday afternoon said: Rome is 
burning.
  If you want it to continue to burn, vote the amendment down. If you 
want to revive the economy and the market so that there will be some 
surpluses here, then please help us with this particular amendment.
  I retain the remainder of my time.
  Mr. DOMENICI. Mr. President, may I ask a question of the Senator?
  Mr. HOLLINGS. Yes, sir.
  Mr. DOMENICI. I read the amendment. Let me see if I am correct. You 
don't do anything to the rest of the budget and the proposed tax cut.
  Mr. HOLLINGS. No. I leave that alone.
  Mr. DOMENICI. You just increase the 60 that we have.
  Mr. HOLLINGS. Eighty-five, because I understand Senator Grassley has 
used some emergency agricultural funds in his amendment. That is the 
only one that is touched for 2001. The Budget Committee staff has been 
keeping score. I had to cut it back to 85.
  Mr. DOMENICI. I am certainly going to explore this with the Senator.
  Mr. HOLLINGS. Please do. My goodness, with the smile on your face and 
with some help, we can really help the economy. That is the whole 
idea--not to be partisan, or, I am for Bush, or against Bush, or I am 
for the rich and you are for the poor, and all of that kind of stuff. 
Let's really get what the economy needs now.
  Mr. DOMENICI. I am in fact smiling. My face is in such a big smile 
that I can't hardly talk. So just give me a moment. I don't want you to 
answer this. But if I consider your amendment, would you consider my 
budget?
  Mr. HOLLINGS. Oh, yes. I consider your budget. In fact, if we had all 
of those surpluses, I promise to vote for Bush's budget. As Senator 
Byrd carries around the Constitution, I carry around the economy. The 
debt to the penny by the U.S. Treasury, from the Secretary of the 
Treasury, shows that the debt has gone up this fiscal year already by 
$102 billion, with a $42 billion increase in the debt owed by the 
public and $60 billion in debt owed by the Government itself.
  We are not paying down the debt. But if you get those surpluses, you 
will have my help.
  Mr. DOMENICI. Mr. President, I close by saying I don't want to ask 
another question, obviously, because your answer was one that I didn't 
expect. But I want to remind you that you made a deal with me once. You 
said as soon as we balance the budget--you and I--wouldn't you jump off 
of some building?
  Mr. HOLLINGS. Off the dome. That is right. You had me looking for a 
parachute last fall. But now look at what we have going. We are 
spending money we don't have now on this particular measure.
  I go back to Roosevelt's ``prime the pump,'' because I remember for 
about a 2- to 3-year period back in my hometown they were paying 
everybody in script. We didn't have the money.
  That assumes we don't have the money. But if you want to get this 
economy moving again, let's vote for this particular amendment so we 
can do that and not be accused of bogging down in the political 
argument of tax cuts and budgets.
  Mr. DOMENICI. I would have modified my suggestion, and would have 
said, Will the Senator try a bungee jump? You wouldn't have to jump for 
real.
  I yield the floor.
  Mr. HOLLINGS. I thank the distinguished chairman of the Budget 
Committee and the ranking member, Senator Conrad. I yield the remainder 
of my time. I thank the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.


                           Amendment No. 201

  Mr. ALLEN. Mr. President, I call up my amendment with Senator 
Brownback and others, No. 201.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Allen], for himself and Mr. 
     Brownback, proposes an amendment numbered 201.

  Mr. ALLEN. 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 provide for a tax cut accelerator)

       At the appropriate place, insert the following:

     SEC. __. TAX CUT ACCELERATOR.

       (a) Reporting Additional Surpluses.--If any report provided 
     pursuant to section 202(e)(1) of the Congressional Budget Act 
     of 1974, estimates an on-budget surplus that exceeds the on-
     budget surplus set forth in such a report for the preceding 
     year, the chairmen of the Committee on the Budget of the 
     House of Representatives and of the Senate shall make 
     adjustments in the resolution for the next fiscal year as 
     provided in subsection (b).
       (b) Adjustments.--The chairmen of the Committee on the 
     Budget of the House of Representatives and of the Senate 
     shall make the following adjustments in an amount not to 
     exceed the difference between

[[Page 5639]]

     the on-budget surpluses in the reports referred to in 
     subsection (a):
       (1) Reduce the on-budget revenue aggregate by that amount 
     for the fiscal years included in such reports.
       (2) Adjust the instruction to the Committee on Ways and 
     Means and the Committee on Finance to increase the reduction 
     in revenues by the sum of the amounts for the period of such 
     fiscal years in such manner as to not produce an on-budget 
     deficit in the next fiscal year, over the next 5 fiscal 
     years, or over the next 10 fiscal years and to require a 
     report of reconciliation legislation by the Committee on Ways 
     and Means and the Committee on Finance not later than March 
     15.
       (3) Adjust such other levels in such resolution, as 
     appropriate, and the House of Representatives and the Senate 
     pay-as-you-go scorecards.
       (c) Legislation.--It shall not be in order in the Senate to 
     consider any bill that is reported by the Committee on 
     Finance pursuant to the adjusted instructions described in 
     subsection (b), unless the bill provides for expedited 
     procedures for the consideration of the bill by the Senate no 
     later than 60 days after the bill is reported by the 
     Committee.

  Mr. ALLEN. Mr. President, I bring forth this amendment on behalf of 
myself, Senator Brownback, Senator Craig, and Senator Hutchison of 
Texas. This measure is the tax cut accelerator amendment which will 
help provide the assurance that we live up to our obligation to 
American families and make sure they receive the tax relief they 
deserve.
  The way this works is if the Congressional Budget Office's January 
report projects higher than expected on-budget surpluses over the 
previous year, then this amendment would require the Budget Committee 
to make the appropriate budgetary adjustments by reducing the on-budget 
revenue aggregate by the same amount as previously unaccounted for--the 
unaccounted for on-budget surplus.
  It instructs the Finance Committee to increase the amount of tax 
relief by the same amount, and the bottom line is it sends money back 
to the people and not to fund increased Government spending.
  We hear many issues and ideas about triggers and brakes and circuit 
breakers designed to slow down tax relief and not enough about a tax 
cut accelerator in the case that on-budget surpluses are higher than 
expected.
  If you look at the Congressional Budget Office projections over the 
years, they are generally very pessimistic about what revenues will be 
coming in and, therefore, surpluses will not be there. But, in fact, 
they are right about the deficits. They err on the side of caution. I 
understand that. That is probably a good way of looking at things.
  However, if the economy is doing better, if the budget surpluses 
appear on a year-to-year basis, who ought to have the first claim on 
those surpluses? In my view, it ought to be the taxpayers.
  The Finance Committee and Budget Committee may not want to use the 
entire surplus for tax cuts being accelerated. They may want to say 
they want to take care of priorities--let's say expenditures in health, 
or scientific research, or national defense. They will say: Well, we 
will use half this for these priorities and half for accelerated 
reductions in taxes.
  The point is, that identified surplus is not spent--not rolled over--
but it is determined as a definite, identifiable amount of money that 
the Budget Committee will act upon, that the Senate Finance Committee 
will act upon, and then this whole body will act upon and have that 
scrutiny.
  I think it will, of course, in my view, help speed up tax relief to 
the people.
  Because any view is more optimistic than the pessimistic views of the 
Congressional Budget Office. There is plenty of evidence, and other 
projections have been too low over the years because they use static 
estimates--not dynamic estimates.
  It is understandable why in 1-year budgets you would use static 
analysis because you do not have the full impact of tax reductions or 
any measures until a few years or maybe more than a few years down the 
road. If you want to look at what the impact of static analysis has on 
underestimates in the revenue impact because of tax cuts, the Kennedy 
tax cut under President John F. Kennedy was 12.6 percent of Federal 
revenues. They reduced rates from 90 to 70 percent. The rate reduction 
resulted in a return of all expected revenue losses plus an additional 
4 percent. The Reagan tax cut, at 18.7 percent of Federal revenues, 
reduced rates, tax rates from 70 to 50 percent. The static models 
predicted a revenue impact of a negative $330 billion. The actual 
fiscal impact on the Treasury was about $78 million--less than one-
fourth of the expected impact.
  These numbers, coupled with CBO's past inaccuracies, make it 
reasonable to believe that the on-budget surpluses will come in higher 
than projected.
  I am convinced more than ever that we need a tax cut accelerator. 
Over the past few days, the Senate has chipped away on the on-budget 
surplus.
  The Senate has reduced drastically the available money for tax 
relief. Hiding behind the arguments over process about how many 
reconciliation instructions per budget resolution is really to get in 
the way of real tax relief for American families.
  Real people do not care about reconciliation. They think it is a 
domestic matter, if you ever bring up reconciliation. It means, at 
best, some sort of family squabble being resolved. They care about 
providing for their families. People in the real world care about their 
future.
  This tax relief accelerator will hold Congress accountable to the 
American people, which I think is very good. This budget represents a 
promise to the people of America. It protects Social Security and 
Medicare. Tax cut accelerator does not affect Medicare or Social 
Security; it is only the on-budget surplus.
  This budget helps pay off all available debt. It funds current 
Government obligations and programs. It provides a $26 billion 
increase, or 4 percent raise, over last year's budget for Government 
spending. It ensures for future contingencies. And this budget promises 
to provide the people of America with the tax relief they deserve.
  I generally support this budgetary framework, and I strongly believe 
we should honor all of its promises. The tax cut accelerator provides 
the assurance that Washington will fulfill its promise to return excess 
on-budget surpluses to the people, to the taxpayers, instead of 
permitting their hard-earned dollars to be spent away by Government 
bureaucracies.
  The accelerator does not--does not--touch Social Security or Medicare 
funds. It does not threaten funding for current programs. It allows for 
increases in funding for new and existing priorities, such as defense, 
education, science, and medical research. And it does not bring back 
deficit spending.
  Today we have a choice. Our choice is, Do we keep our promises? Do we 
trust the American people and adopt this amendment which provides the 
necessary mechanism to ensure the return of unexpected on-budget 
surpluses back to our families and businesses or do we allow Government 
to keep this money from them?
  I say we ought to let the people decide how to best spend their hard- 
earned dollars. Families must be better able to save and spend for 
their children's education, to make a downpayment on a new home, to 
invest in their business, or to prepare for their retirement years. It 
is my view that we ought to trust people in our free enterprise system. 
People, better than Government, know how best to allocate their own 
dollars.
  When there is excess money here in Washington, and in an on-budget 
surplus--money that has not been appropriated; it is not promised, it 
is just coming in at a greater rate than anticipated--the first claim 
on that, the first lien, so to speak, the first mortgage, ought to be 
to the taxpayers of this country with accelerated tax reduction.
  So with that, I see my friend from Kansas has risen.
  Mr. President, how much time do we have on our side?
  The PRESIDING OFFICER. Seven minutes.
  Mr. ALLEN. OK. I will yield the floor and allow the opposition to 
make any statements they so desire.
  Mr. CONRAD. We do not intend to use time on the amendment. So it 
would be appropriate for the Senator from Kansas to use the time. It 
is, unfortunately, the only way we can stay

[[Page 5640]]

on schedule with what we agreed to on both sides.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. BROWNBACK. I ask unanimous consent that I be allotted 5 minutes 
to speak on behalf of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Thank you very much, Mr. President.
  I thank my colleague from Virginia for his sponsorship in putting 
forward this amendment. I think this is a key amendment.
  We have been talking a lot about reducing the tax cut because we are 
not sure that the money may come in. What this amendment says is, if 
the money does come in, then let's require that there be a vote that we 
have a larger tax cut. That seems to me to be the symmetrical 
discussion that should be taking place.
  We hear concern about: OK, what if the resources do not come in? What 
if this does not quite work out? Should we lock ourselves into this 
size tax cut? What we are saying is, once this money comes in--I am 
confident it is going to come in; I am confident that it will happen--
if it does come in, then tax cuts of a larger scale should be voted 
upon.
  Yesterday the step was taken by the Senate to make a smaller tax cut. 
I think that was a wrong step. I think it is a bad step for our 
economy. That sends a signal to people that there is going to be less 
money in their pocket. Less consumer confidence will result and that is 
going to be a more difficult situation for our economy and for our 
people.
  What we are trying to do is send a different signal, saying that if 
this economy continues to put these sorts of receipts in the Federal 
Government--which I am confident that it will--then we are going to 
return more of that to the American taxpayers. That will create an 
economic climate that allows individuals to make informed savings and 
investment decisions. It is the best path for sound, responsible fiscal 
policy.
  If individuals are not confident that the economic decisions they 
make today will be respected in the Tax Code tomorrow, they will be 
less likely to take the kind of risks that make our economy one of the 
most productive and fastest growing in the world. That level of 
predictability and the assurance is important.
  This is why offering taxpayers a one-time rebate, in my estimation, 
as has been proposed by some of my colleagues, is bad economic policy. 
The problem is, it gives the veneer of economic growth while only 
providing really a Band-Aid to the larger underlying problems of 
sluggish growth and a slowing economy.
  The goal of our economic policy should be to encourage savings and 
investments at the margins, not promoting policies that artificially 
might prop up the economy through consumption incentives that do 
nothing to solve long-run economic problems.
  Mr. President, because I know our time is short, I want to make an 
additional point; that is, for people who are also concerned that we 
are not paying down the debt sufficiently with the policies we put 
forward, what this says is that if we have more coming in, we will vote 
on a larger scale tax cut. We are going to continue to pay the debt 
down. We will pay down all the available debt over a period of 10 
years. This has nothing to do with that. We will continue to honor that 
debt paydown provision that is in the overall budget and is a part of 
our overall proposal. I want to make sure we set that one off to the 
side so people are not concerned about that particular issue as well.
  With those caveats, and for those reasons, I urge my colleagues to 
vote for this triggering mechanism that would go into place if--if--the 
dollars are forthcoming. There really should be no reason to vote 
against this amendment. That is why I urge my colleagues to support 
this amendment and vote for it.
  With that, Mr. President, I reserve the remainder of our time and 
yield the floor.
  Mr. WARNER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I ask unanimous consent to be made a 
cosponsor of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. I believe the Senator has allocated me a few minutes.
  Mr. ALLEN. Yes.
  Mr. President, how much time do we have on our side?
  The PRESIDING OFFICER. Two minutes 39 seconds.
  Mr. WARNER. Might I inquire of the Chair as to the amount of time 
remaining for the Senator from New Mexico?
  The PRESIDING OFFICER. There is no time for the Senator from New 
Mexico.
  Mr. ALLEN. I would like to have just a final closing comment, and 
then I will yield to the senior Senator from Virginia.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. ALLEN. Let me say in a few seconds--and I want to yield the 
remainder of the time to the senior Senator from Virginia--the Senator 
from Kansas has it exactly right. We want to have an insurance policy 
for the people of this country, the taxpayers. We understand their 
budgets are strained.
  If there is a surplus--and we are optimistic there will be because we 
think reducing taxes helps create jobs, improve our economy, and has a 
dynamic, positive impact on our country. So if you want to make sure 
the taxpayers of this country get any of the excess money they have the 
first claim on, then you should support this amendment because it 
supports the people of America and will help strengthen our economy.
  I yield the remainder of my time to the senior Senator from Virginia, 
Mr. Warner.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. I thank my colleague.
  Mr. President, I would like to call up amendment No. 265, and ask 
unanimous consent that the reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Mr. President, reserving the right to object, what was the 
request?
  The PRESIDING OFFICER. There was a request to call up an amendment.
  Mr. REID. I object. There is an amendment pending.
  The PRESIDING OFFICER. Objection is heard.
  Mr. WARNER. I have it filed at the desk.
  Mr. REID. We have a UC that is now in order. There is a unanimous 
consent agreement in order, and the only amendment in order now is one 
to be offered by Senator Wellstone, after this one is completed.
  Mr. WARNER. I had consulted with the Senator from New Mexico. I was 
told I could have a minute. Obviously, I am in error. I apologize to my 
distinguished colleague, and I withdraw my comments.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. BROWNBACK. Mr. President, how much time remains on the amendment?
  The PRESIDING OFFICER. Twenty-nine seconds.
  Mr. BROWNBACK. How much?
  The PRESIDING OFFICER. Twenty-six seconds now.
  Mr. BROWNBACK. Mr. President, CBO, in January of 1999, said that the 
2-year forecast showed a total budget surplus of $2.3 trillion. The 
surplus announced this year is $5.6 trillion. In that 2-year time 
period, they more than doubled the size of it. What we are saying is, 
if that happens again, as is likely, let us vote on a bigger tax cut.
  The PRESIDING OFFICER. All time has expired.
  The Senator from North Dakota.
  Mr. CONRAD. Mr. President, the pending amendment is not germane. 
Therefore, I raise a point of order that the amendment violates section 
305(b)(2) of the Congressional Budget Act of 1974.
  I yield back the remainder of our time on the amendment.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. ALLEN. Mr. President, under section 904 of the Budget Act, I move

[[Page 5641]]

to waive section 305 of the Budget Act for the consideration of this 
amendment and 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. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I yield 5 minutes to the Senator from 
Minnesota. We only have 10 minutes remaining, I advise the Senator--
actually less than that. We have agreed to provide the other time to 
the Senator from West Virginia.
  Mr. WELLSTONE. That is fine.
  Mr. GREGG. Will the Senator from North Dakota yield for a question?
  Mr. CONRAD. No, the Senator from North Dakota can't yield at this 
point for a question because we are rapidly running out of time.
  The PRESIDING OFFICER. The Senator from Minnesota.


                           Amendment No. 269

  Mr. WELLSTONE. Mr. President, I call up amendment No. 269.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Minnesota [Mr. Wellstone], for himself, 
     Mr. Johnson, Mr. Bingaman, Mr. Dorgan, Mrs. Murray, Ms. 
     Mikulski, Mr. Kerry, Mr. Feingold, Ms. Landrieu, Mr. Durbin, 
     Mr. Daschle, and Mr. Reid, proposes an amendment numbered 
     269.

  Mr. WELLSTONE. 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 discretionary funding for veterans medical care 
   by $1.718 billion in 2002 and each year thereafter to ensure that 
             veterans have access to quality medical care)

       On page 2, line 17, increase the amount by $1,546,000,000.
       On page 2, line 18, increase the amount by $1,689,000,000.
       On page 3, line 1, increase the amount by $1,703,000,000.
       On page 3, line 2, increase the amount by $1,709,000,000.
       On page 3, line 3, increase the amount by $1,718,000,000.
       On page 3, line 4, increase the amount by $1,718,000,000.
       On page 3, line 5, increase the amount by $1,718,000,000.
       On page 3, line 6, increase the amount by $1,718,000,000.
       On page 3, line 7, increase the amount by $1,718,000,000.
       On page 3, line 8, increase the amount by $1,718,000,000.
       On page 3, line 13, decrease the amount by $1,546,000,000.
       On page 3, line 14, decrease the amount by $1,689,000,000.
       On page 3, line 15, decrease the amount by $1,703,000,000.
       On page 3, line 16, decrease the amount by $1,709,000,000.
       On page 3, line 17, decrease the amount by $1,718,000,000.
       On page 3, line 18, decrease the amount by $1,718,000,000.
       On page 3, line 19, decrease the amount by $1,718,000,000.
       On page 3, line 20, decrease the amount by $1,718,000,000.
       On page 3, line 21, decrease the amount by $1,718,000,000.
       On page 3, line 22, decrease the amount by $1,718,000,000.
       On page 36, line 6, increase the amount by $1,718,000,000.
       On page 36, line 7, increase the amount by $1,546,000,000.
       On page 36, line 10, increase the amount by $1,718,000,000.
       On page 36, line 11, increase the amount by $1,689,000,000.
       On page 36, line 14, increase the amount by $1,718,000,000.
       On page 36, line 15, increase the amount by $1,703,000,000.
       On page 36, line 18, increase the amount by $1,718,000,000.
       On page 36, line 19, increase the amount by $1,709,000,000.
       On page 36, line 22, increase the amount by $1,718,000,000.
       On page 36, line 23, increase the amount by $1,718,000,000.
       On page 37, line 2, increase the amount by $1,718,000,000.
       On page 37, line 3, increase the amount by $1,718,000,000.
       On page 37, line 6, increase the amount by $1,718,000,000.
       On page 37, line 7, increase the amount by $1,718,000,000.
       On page 37, line 10, increase the amount by $1,718,000,000.
       On page 37, line 11, increase the amount by $1,718,000,000.
       On page 37, line 14, increase the amount by $1,718,000,000.
       On page 37, line 15, increase the amount by $1,718,000,000.
       On page 37, line 18, increase the amount by $1,718,000,000.
       On page 37, line 19, increase the amount by $1,718,000,000.
       On page 43, line 15, decrease the amount by $1,718,000,000.
       On page 43, line 16, decrease the amount by $1,546,000,000.
       On page 48, line 8, increase the amount by $1,718,000,000.
       On page 48, line 9, increase the amount by $1,546,000,000.
       On page 4, line 3, increase the amount by $1,718,000,000.
       On page 4, line 4, increase the amount by $1,718,000,000.
       On page 4, line 5, increase the amount by $1,718,000,000.
       On page 4, line 6, increase the amount by $1,718,000,000.
       On page 4, line 7, increase the amount by $1,718,000,000.
       On page 4, line 8, increase the amount by $1,718,000,000.
       On page 4, line 9, increase the amount by $1,718,000,000.
       On page 4, line 10, increase the amount by $1,718,000,000.
       On page 4, line 11, increase the amount by $1,718,000,000.
       On page 4, line 17, increase the amount by $1,689,000,000.
       On page 4, line 18, increase the amount by $1,703,000,000.
       On page 4, line 19, increase the amount by $1,709,000,000.
       On page 4, line 20, increase the amount by $1,718,000,000.
       On page 4, line 21, increase the amount by $1,718,000,000.
       On page 4, line 22, increase the amount by $1,718,000,000.
       On page 4, line 23, increase the amount by $1,718,000,000.
       On page 5, line 1, increase the amount by $1,718,000,000.
       On page 5, line 2, increase the amount by $1,718,000,000.

  Mr. WELLSTONE. Mr. President, I introduce this amendment on behalf of 
myself and Senators Johnson, Bingaman, Dorgan, Murray, Mikulski, Kerry, 
Feingold, and Landrieu. I ask unanimous consent that Senators Durbin 
and Daschle be included as original cosponsors as well as Senator Harry 
Reid.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WELLSTONE. Mr. President, the problem with the President's budget 
request and this budget resolution is it provides a $1 billion increase 
over fiscal year 2001 for all of the VA discretionary programs. That is 
no way to say thank you to veterans. Secretary Principi, who is a great 
Secretary, testified before the veterans committee last month. I 
believe he will be a great advocate for veterans, but he had a tough 
time with the following question: How does a $1 billion increase over 
fiscal year 2001 do the job for America's veterans when we are going to 
see a $900 million increase this year in medical inflation alone?
  Then if we get beyond the $900 million and add to that our commitment 
to treating people with hepatitis C, our commitment to emergency 
medical services for veterans who have no coverage, our commitment to 
the millennium program for older veterans, our commitment to mental 
health services for veterans, we get way above $1 billion.
  Mr. President, there are huge gaps in the veterans health care 
system. We can do much better. This amendment would increase the 
veterans health care budget, contained in this budget resolution, by 
$1.7 billion annually. The independent budget, which was produced by 
Amvets, VFW, DAV, the Disabled American Veterans, and Paralyzed 
Veterans, talked about $2.6 billion. This amendment gets us to that 
level.
  Here is the point: $1 billion for all discretionary programs for the 
Veterans' Administration is pathetic. It doesn't come close to meeting 
the needs.
  I am joined by Senator Rockefeller, who is the ranking minority 
member on the veterans committee. He will be speaking in just 1 minute.
  The arithmetic is compelling, just on veterans health care: $900 
million in inflation, emergency room services for veterans who don't 
have any coverage, hepatitis C coverage we have committed to, the 
millennium program,

[[Page 5642]]

which is so important when we are saying to veterans who are 65 years 
of age and over, we are going to begin to address your long-term care 
needs.
  When I am in the medical center in Minneapolis and I am talking to a 
spouse of a World War II veteran, and this happens over and over and 
over again, she doesn't have a clue what she is going to do when her 
husband gets home. Where is going to be the care for her? Where will be 
the supportive services for him? Not to mention all the long waits of 
veterans for health care.
  The county veterans service officers are the best of the best of the 
best. They do the work down in the trenches. I get my education from 
them. Even though they are not within the VA system, they talk about 
the long waits and the gaps.
  This amendment is all about living up to our commitment to veterans. 
We need to provide full funding for veterans health care. This 
amendment should receive Democratic support and Republican support. The 
amendment offset by transferring $1.7 billion out of these Robin-Hood-
in-reverse tax cuts, of which over 40 percent of the benefits going to 
the top 1 percent. We surely can transfer $1.7 billion to veterans 
health care.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that I be 
added as a cosponsor of the Wellstone amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ROCKEFELLER. Let's be very clear. The Senator from Minnesota is 
correct. For the Department of Veterans Affairs, under the budget 
resolution which is proposed, there will be tremendous damage to the 
Veterans' Administration and to the veterans of our country. It is 
axiomatic that the increase that is contemplated in the budget 
resolution simply will not work. It does not come close.
  If there is anything which is an immutable fact, it is that the cost 
of health care and the cost of paying those who deliver it goes up by 
more than a billion dollars a year, just for health care alone. That is 
across America, and that is true for the veterans.
  Beyond that, we have a very difficult problem of disability claims. 
We need $132 million for staffing and technology. My veterans in West 
Virginia are being told they are going to have to wait for a full year 
even for a preliminary examination of their disability claims.
  Lastly, we cannot forget our commitment to the final resting places 
of honor for our veterans. Our Nation's veterans cemeteries are falling 
apart in many cases. Graves are sinking. Tombstones are breaking. That 
may seem incidental to some. It does not seem incidental to any 
veteran's family.
  I urge all to remember our promise to our veterans and support the 
Wellstone amendment.
  I thank the Chair and yield the floor.
  Mr. JOHNSON. Mr. President, I would like to first commend Senate 
Budget Committee Chairman Domenici for including an increase in his 
budget mark for veterans' health care. This funding level is in line 
with what the Administration proposed in its budget request and shows a 
renewed commitment to veterans' health care.
  While I am pleased that this budget includes an increase in outlays, 
I am disappointed that it falls short of the funding level proposed in 
the authoritative Independent Budget endorsed by 40 veterans groups and 
medical societies, including AMVETS, the Disabled American Veterans, 
the Paralyzed Veterans of America, and the VFW.
  That is why I join Senator Wellstone in offering an amendment today 
that would increase appropriations for veterans health care by $1.718 
billion over the Budget Committee's level. With our amendment, the 
Senate budget resolution would include an increase in appropriations of 
$2.6 billion for veterans health care over last year's funding level.
  Our amendment pays for this increase in health care for our nation's 
veterans with a modest decrease in the $1.6 trillion in tax cuts 
proposed by the President.
  For a number of years, the VA had to contend with a flat-line 
appropriation for veterans' health care as the cost of health care far 
outpaced the rate of inflation. As a result, the VA experienced deep 
cuts at a time when it should have been addressing the growing need for 
medical care for this country's veterans.
  For the past 2 years, I have offered amendments in the Budget 
Committee and on the Senate floor to increase veterans funding to allow 
the VA to continue giving quality care to veterans. With the help of 
the chairman, we were able to increase VA health care funding by $1.7 
billion for fiscal year 2000 and $1.4 billion for fiscal year 2001. 
These were good steps in restoring budget equity to veterans' health 
care.
  We must continue this process by increasing funding for veterans' 
health care to the level recommended in the Independent Budget. It is 
critical that we increase veterans health care funding over and above 
the Chairman's mark in order to compensate for previous underfunded VA 
budgets and to allow the VA to meet the growing health care needs of 
our veterans.
  Veterans from South Dakota visited my office recently with stories of 
understaffed VA hospitals, long waits for appointments, and reductions 
or cuts in vital services. These situations are not unique to my state 
and affect every VA hospital and clinic in the country.
  With adoption of our amendment, we will have a VA veterans' health 
care budget that can adequately offset the higher costs of medical care 
caused by consumer inflation, medical care inflation, wage increases, 
and legislation passed by Congress.
  Without a total increase of $2.6 billion above last year's 
appropriation in veterans health care, the VA will likely be unable to 
address the treatment of Hepatitis C, emergency medical services, 
increased costs due to medical inflation, and long-term care 
initiatives.
  The Independent Budget highlights the need to increase funding in a 
number of important health care initiatives including: an additional 
$523 million for mental health care; an additional $848 million for 
long-term care; an additional $25 million to restore the Spinal Cord 
Injury program; an additional $75 million to help homeless veterans.
  Our efforts over the past 2 years to increase VA veterans' health 
care have helped to reverse the damaging effects of years of flat-lined 
VA budgets. We have an opportunity to continue this progress by 
adopting our amendment to increase funding for VA veterans' health care 
by $1.718 billion over the Chairman's level in the budget resolution. 
With our amendment, we will fund veterans' health care at the level 
requested in the Independent Budget.
  I urge my colleagues to support the Johnson-Wellstone amendment on 
veterans' health care. At this time, I ask unanimous consent to have 
printed in the Record letters of support for our amendment from 
veterans organizations.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                           The Independent Budget,


                            A Budget for Veterans by Veterans,

                                                    April 3, 2001.
     To All Members of the Senate:
       On behalf of the co-authors of The Independent Budget, 
     AMVETS, Disabled American Veterans, Paralyzed Veterans of 
     America, and the Veterans of Foreign Wars, we are writing to 
     urge you to support the Johnson-Wellstone Amendment that 
     would increase Department of Veterans Affairs (VA) health 
     care funding to the level we recommended for FY 2002.
       The President's ``Budget Blueprint,'' and the Domenici 
     substitute to H. Con. Res. 83 provides a discretionary 
     spending increase of $1 billion. This recommended amount 
     would not even cover the costs of mandated salary increases 
     and the effects of inflation. The Independent Budget has 
     identified an increase for VA health care of $2.6 billion 
     over the amount provided in FY 2001. This recommended 
     increase would provide the resources necessary for the VA to 
     meet the needs of the men and women who have served our 
     Nation, and rely upon the VA for the health care they need.
       Again, we ask for your support of the Johnson-Wellstone 
     Amendment that would increase the amount available for VA 
     health care up to the level we have recommended in The 
     Independent Budget.
           Sincerely,
     David E. Woodbury,

[[Page 5643]]

       Executive Director, AMVETS.
     Keith W. Wingfield,
       Executive Director, Paralyzed Veterans of America.
     Robert E. Wallace,
       Executive Director, Veterans of Foreign War.
     David W. Gorman,
       Executive Director, Disabled American Veterans.
                                  ____



                Veterans of Foreign Wars of the United States,

                                    Washington, DC, April 3, 2001.
     To All Member of the United Stats Senate:
       On behalf of the 2.7 million men and women of the Veterans 
     of Foreign Wars of the United States and our Ladies 
     Auxiliary, we urge you to support the Johnson-Wellstone 
     Amendment to increase the Department of Veterans Affairs' 
     (VA) health care funding by $1.8 billion over the chairman's 
     mark for a total of $2.6 billion for fiscal year 2002.
       We and our colleagues of the Independent Budget have 
     identified the need to increase VA health care funding by 
     $2.6 billion over the amount provided in FY 2001. This 
     recommended increase would provide the resources necessary 
     for VA to meet the needs of the men and women who have served 
     our Nation and rely upon VA for health care.
       Again, we urge your support of the Johnson-Wellstone 
     Amendment to increase the amount available for VA health care 
     to the level necessary to properly and compassionately 
     provide for veterans' health care needs.
           Sincerely,
                                                Robert E. Wallace,
     Executive Director.
                                  ____

                                                              PVA,


                                        North Central Chapter,

                                   Sioux Falls, SD, April 3, 2001.
     Senator Tim Johnson,
     Hart Senate Office Bldg.,
     Washington, DC.
       Dear Tim, the North Central Chapter PVA would like to thank 
     you for the recent correspondence you and Senator Wellstone 
     presented to your fellow Senator's concerning the VA budget. 
     These letters (dated March 12, 2001 and April 2, 2001) 
     highlight the budgetary shortfalls as demonstrated in the 
     Independence Budget and bring attention to this vitally 
     important issue.
       As you indicate in your letters, the VA health care system 
     must have adequate funding in order to provide the services 
     our Veterans need and deserve. Anything less than the 
     Independent Budgets' recommended 2.6 billion dollar increase 
     will mean a cut in health care services. We must not and can 
     not return to the days of inadequate health care because of 
     the lack of funding.
       Once again, on behalf of all the members of North Central 
     Chapter PVA, we commend you for all your efforts on Veterans' 
     health care issues. If at any time we can be of assistance, 
     please do not hesitate to contact our office or myself and 
     we'll happy to help.
           Respectfully,
                                                    Joel Niemeyer,
         Government Relations Director, North Central Chapter PVA.

  Mr. ROCKEFELLER. Mr. President, as the Ranking Member of the 
Committee on Veterans' Affairs, I ask my colleagues to support an 
amendment offered by Senators Wellstone and Johnson to S. Con. Res. 20, 
the concurrent resolution on the fiscal year 2002 Budget. The budget 
resolution provides for an increase of $1 billion for all veterans 
funding from the fiscal year 2001 amount. The Wellstone-Johnson 
amendment goes further and provides for an overall increase of $2.6 
billion for veterans' health care.
  If the Department of Veterans Affairs is funded at the level that the 
Budget Resolution provides, a $1 billion increase over the fiscal year 
2001 appropriation, which might appear generous at first glance, we can 
expect VA to eliminate staff, delay providing health care and benefits, 
and slash vital programs.
  While some may describe the funding included in this resolution as a 
major increase, I must disagree. Much, if not all, of this proposed 
increase would be consumed in merely overcoming inflation in the costs 
of providing medical care. After spending vast sums for a tax cut for 
the wealthiest Americans, there simply isn't enough money to meet VA's 
needs in the next fiscal year.
  The alliance of veterans service organizations that authors the 
Independent Budget for Fiscal Year 2002--AMVETS, the Disabled American 
Veterans, the Paralyzed Veterans of America, and the Veterans of 
Foreign Wars, rightly concluded that ``more must be done to meet the 
increasing needs of an aging veteran population, adapt to the rising 
cost of health care, enhance and facilitate benefits delivery, and 
maintain the continuity of funding for VA programs as a whole.''
  The budget resolution before us would not allow us to fulfill those 
obligations. We must ensure VA a level of funding that will minimize 
the impact of inflation, fund existing initiatives, and allow the 
system to move forward in the ways we all expect.
  Urgent demands on the VA health care system make increased funding 
essential. The landmark Veterans Millennium Health Care and Benefits 
Act of 1999 significantly expanded VA noninstitutional long-term care, 
which for the first time is available to all veterans enrolled with the 
VA health care system. As we contend with the dilemma of developing 
long-term care for all Americans, VA will begin this effort with our 
Nation's veterans. The Congressional Budget Office estimates that the 
VA noninstitutional extended care program will cost more than $400 
million a year. We must supply adequate funds to fulfill this 
legislative mandate.
  The Millennium Act also ensures emergency care coverage for veterans 
with no other health insurance options. Necessity demands this costly 
provision: nearly 1 million veterans enrolled with the VA are uninsured 
and in poorer health than the general population. Although this new 
benefit has not yet been either implemented or publicized, claims are 
already mounting.
  Medical inflation and wage increases, factors beyond VA's control, 
have been estimated to devour nearly $1 billion of VA's budget 
annually. At the same time, more and more veterans are turning to the 
VA for health care. In my own state of West Virginia, the number of 
veterans seeking care from VA has increased, despite a declining total 
number of veterans statewide. As an example, the Martinsburg VAMC saw 
its new enrollees increase by 24.7 percent over the last 2 years. 
Rapidly expanding enrollment at all four West Virginia VA medical 
centers has jeopardized their ability to provide high quality care in a 
timely fashion. Unfortunately, similar examples can be found throughout 
the Nation.
  Between new initiatives--long-term care and emergency care coverage, 
and simply maintaining current services, we must secure an increase of 
$1.8 billion for health care alone.
  Unfortunately, maintaining current services will not be enough to 
ensure that VA can meet veterans' health care needs. The aging veterans 
population faces chronic illnesses and newly recognized challenges, 
such as the disproportionate burden of hepatitis C, that will further 
strain VA facilities. We must anticipate the difficulties of treating 
complex diseases and ensure that we do not neglect the needs of 
veterans with multiple, coincident medical problems.
  If we simply maintain current services, can we expect VA to restore 
the capacity for PTSD and spinal cord injury treatment to the 1996 
legislatively mandated level? In West Virginia, many veterans not only 
wait months for specialty care, they have to travel hundreds of miles 
to get it. We can depend on community outpatient clinics to increase 
veterans' access to primary health care, but we must also ensure that 
the many veterans who require more intensive, specialized services can 
turn to adequately funded inpatient programs.
  VA research not only contributes to our national battle against 
disease, but enhances the quality of care for veterans by attracting 
the best and brightest physicians. The Budget Resolution allows, at 
best, for a stagnant research budget. Not only will this slow the 
search for new and better medical treatments, but it could weaken 
efforts to protect human subjects in VA-sponsored studies. An increase 
of $47.1 million will be required merely to offset the costs of 
inflation and to monitor compliance with increasingly stringent 
research guidelines.
  The $2.6 billion increase proposed by Senators Wellstone and Johnson 
in the amendment before us will ensure that VA has the resources 
required to provide veterans with the high quality health care that 
they need.

[[Page 5644]]

  Savings may be gained through more resourceful management of VA 
hospitals and clinics, a possibility that VA is pursuing through its 
Capital Asset Realignment and Enhancement Studies, CARES. In the 
meantime, efficiencies should not come at the expense of veterans who 
turn to the VA health care system for needed treatment, nor should VA 
neglect essential repairs and maintenance of its infrastructure while 
awaiting the outcome of the CARES process. Accommodating the backlog of 
urgently needed construction projects will require an increase of $280 
million. A shortsighted focus on immediate gains, by delaying essential 
projects or neglecting existing facilities, may compromise patient 
safety and prove even more costly to VA and veterans in the long run.
  The Veterans Benefits Administration also faces challenges that 
require additional funding for staffing. One of these challenges 
results from an aging workforce. Projections suggest that 25 percent of 
current VBA decisionmakers will retire by 2004. These losses would be 
in addition to the staff that has already left service. It takes 2-3 
years to fully train a new decisionmaker. Therefore, it is critical 
that VBA hire new employees now to fully train them before the 
experienced trainers and mentors have retired.
  In addition to this looming succession crisis, extensive new 
legislation enacted in 2000 will severely affect VBA's workload. 
Sweeping enhancements to the Montgomery GI Bill are expected to double 
VA's education claims work. New legislation reestablishing the ``duty 
to assist'' veterans in developing their claims, regulations 
presumptively connecting diabetes to Agent Orange exposure in Vietnam 
veterans, and new software systems intended to improve the quality of 
decisionmaking have severely affected VBA's workload and slowed output. 
West Virginia veterans are already receiving letters from the VA 
regional office warning them to expect a 9-12 month delay for even 
initial consideration of their new claims.
  If VBA is unable to hire new staff, the increasing backlog of 
claims--which is already unacceptable--would reach abominable levels. 
Without an increase in staffing, the backlog of claims is expected to 
grow from the current 400,000 claims (up from 309,000 in September 
2000) to 600,000 by March 2002. VBA will need a minimum increase of 
$132 million to acquire the tools, staffing and technology, to avert 
this escalating disaster.
  The mission of the National Cemetery Administration, NCA, providing 
an honorable resting place for our Nation's veterans--is becoming more 
difficult as we face the solemn task of memorializing an increasing 
number of World War II and Korean War veterans. It is estimated that 
574,000 veterans died last year. The aging of the veterans population 
is placing additional demands on NCA in interments, maintenance, and 
other operations. VA has attempted to meet this demand by opening four 
cemeteries over the last 2 years and planning construction of the six 
new cemeteries authorized by Congress in 1999. It is estimated that an 
increase of $21 million will be required to develop these cemeteries.
  Increases are also required to maintain the VA's National Shrine 
Commitment. We must preserve our national cemeteries so that they do 
not dishonor those who died serving their country. Sunken graves and 
damaged headstones cannot be tolerated. We applaud VA's commitment to 
this initiative and encourage VA to continue the project. In order to 
rise to this task and operate its current facilities, NCA will require 
an increase of at least $13 million for a total appropriation of $123 
million.
  If we fail to amend the Budget Resolution before us, we tacitly place 
the needs of affluent Americans before our obligations to our veterans.
  While we consider the best way to cut taxes responsibly, we mustn't 
lose sight of our obligations. We all need to agree on how much should 
go to tax cuts and how much should be saved to strengthen Medicare, 
invest in education, and fully address the needs of the men and women 
who have served our country. I urge you all to support this amendment 
so that we can fulfill our Nation's promise to our veterans.
  Mr. CONRAD. 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. CONRAD. 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. CONRAD. Mr. President, we should observe for our colleagues that 
we set a goal of going to the debate on reconciliation at 3:30. Wonder 
of wonders, we have accomplished that goal.
  I thank all of our colleagues who have worked together to help make 
this happen. I single out, of course, the chairman of the Senate Budget 
Committee, Mr. Domenici, who, along with his staff, has worked so 
diligently to bring us to this point.
  I also want to thank on our side, Senator Reid, the whip, who has 
really worked night and day to try to expedite the consideration of 
this budget resolution. I think working together we have managed to get 
the trains to run on time, which is not always the case in the Senate.
  Again, I thank very much my colleague, the chairman of the Budget 
Committee along with his very able staff, including the director, Mr. 
Hoagland, for the very hard work they have done.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. DOMENICI. Mr. President, somehow I feel that we are not yet 
finished, that we have a long way to go. I think I am right. 
Nonetheless, we ought to stop over and pat ourselves on the back this 
afternoon because we didn't really have this afternoon all planned out 
with any unanimous consent agreements. We had 2 hours. I think we have 
made the best of it. I think from that side four different amendments 
have been considered with various Senators speaking, and we have had 
time for others to give speeches on matters of importance. We have 
taken some on our side. They are all subject to amendment, unless we 
accept them. We have looked at them to see if we can dispose of them.
  I thank Senator Conrad and his staff because we got a long way today 
toward accommodating Senators who felt very strongly that they had to 
give a speech along with their amendment. Nobody is limited in the 
future, but the vote-arama will take a very long time.
  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. DOMENICI. 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. 345

  Mr. DOMENICI. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici] proposes an 
     amendment numbered 345.

  Mr. DOMENICI. 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 reads as follows:

                  (Purpose: To provide for tax relief)

       At the end of title I, insert the following:

     SEC.   . RECONCILIATION OF REVENUE REDUCTIONS IN THE SENATE.

       The Committee on Finance of the Senate shall report to the 
     Senate a reconciliation bill--
       (1) not later than May 18, 2001: and
       (2) not later than September 14, 2001

     that consists of changes in laws within its jurisdiction 
     sufficient to reduce the total level of revenues for the 
     period of fiscal years 2001 through 2011 by not more than the 
     sum of the totals set out in Section 101(1)(B) of this 
     resolution and increase the total level of outlays by not 
     more than $60,000,000,000 for the period of fiscal years 2001 
     through 2011.

  Mr. DOMENICI. Mr. President, as I understand it, we have 3 hours to 
debate this reconciliation instruction,

[[Page 5645]]

one-half hour for the distinguished Senator Byrd, or his designee, and 
one-half hour for the Senator from New Mexico, or his designee; is that 
right?
  The PRESIDING OFFICER. That is correct.
  Mr. DOMENICI. Mr. President, since Senator Gramm wants to speak in 
the way that addresses a matter brought up with reference to tax cuts 
earlier, I will yield on our side 10 minutes to the distinguished 
Senator from Texas.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mr. GRAMM. Mr. President, I thank the distinguished chairman of the 
Budget Committee. This has been a long, hard process and we are only 
part way through it. Senator Domenici and I don't always agree at every 
single moment, but my admiration for him constantly grows as the years 
pass and I have an opportunity to work with him more.
  We are getting ready to have a serious debate, and I don't want to in 
any way infringe on it by getting into any kind of partisan bickering, 
but I did want to respond to one point that was made earlier when we 
didn't have time to respond. I can be brief about it.
  Some of our colleagues lamented the lack of bipartisanship on the 
budget. I want to respond, with all due respect, that bipartisanship is 
a two-way street. Since we started considering the budget, we have had 
amendments offered by Democrat Members of the Senate to spend another 
$697 billion over the next 10 years. This is coming on top of the last 
6 months of last year, where we added $561 billion to the underlying 
spending projections of the Federal Government over the next 10 years. 
I just want to say that never in that short a period in American 
history, to my knowledge, have we ever had a Congress or a Senate 
propose more spending in a shorter period of time. I guess I would say 
that you can't have it both ways. You can't have the bipartisanship you 
seek and, at the same time, propose that level of spending.
  Having gotten all that out of my system, let me turn to the issue 
before us. I thank Senator Byrd for his willingness to talk to Senator 
Domenici, to me, and to others, in trying to find a way out of this 
conflict. When you serve in the Senate, when you have competing visions 
for America's future, when you believe in what you are doing, it is 
easy to get into conflicts that are unavoidable. But when they are 
avoidable and you don't avoid them, it is not only poor legislative 
strategy, but I don't think you are living up to the high standards of 
this great institution.
  So when Senator Byrd raised a concern about using reconciliation on 
the tax bill, even though we feel as strong on our side, based on the 
precedents that have been used, including the tax increase when 
President Clinton was President, and the tax cut that was part of 
reconciliation in 1997, we decided that any time you can accommodate 
the concerns of another Member without undoing your ability to have a 
chance to achieve what you want to do, that you ought to do it.
  So we undertook what I call a fairly extensive negotiation. We met 
three or four times off and on. We submitted a proposal in writing. 
Just to refresh my colleagues' memory, we have about four or five 
people who work with this law every day. Senator Byrd wrote most of it. 
But to most Members, and almost everybody else in America, it is all 
gibberish.
  Basically, under reconciliation, we have a very powerful tool that 
allows you to have special privilege in implementing your budget. You 
are going to hear a lot of debate about that and what it was intended 
to do today.
  The point is, it does exist. It is part of the law. Under that 
procedure, it would mean that the tax bill we bring to the Senate would 
be subject to these special procedures: There would be 20 hours of 
debate equally divided. The majority could yield back its 10 hours. So 
we could end up with 10 hours of debate. We have a strict germaneness 
rule on amendments. When the debate is over, we have an up-or-down 
vote.
  In naming conferees, we have a time limit on debate. We have an up-
or-down vote. That is the procedure that exists in the budget process.
  What we had sought to do in trying to work out an accommodation--and 
I am sorry it did not work, as I know Senator Byrd is. I want people to 
understand there was a good-faith effort to work this out. We proposed 
that rather than having 20 hours, we have 50 hours equally divided.
  We proposed on first-degree amendments there would be no more than 2 
hours, unless the managers yielded more time, that is, if there was 
real debate, and on second-degree amendments, only 1 hour; that all 
first- and second-degree amendments be germane; that at the end of the 
process, we have an up-or-down vote; that on naming conferees, we have 
a time limit on debate and then have an up-or-down vote; and the same 
procedure would apply to the conference report.
  Some concern was raised that even with this agreement, we could come 
back and use reconciliation again. It was clear from our intent at the 
time that if we agreed to a unanimous consent agreement, there would be 
no need to use reconciliation.
  In any case, with the best of intentions, we got together. 
Differences existed at the end of the process, and no agreement was 
reached. So we are here basically in a debate and with a vote coming 
that no one wanted, but here it is.
  Mr. President, how much time do I have?
  The PRESIDING OFFICER. The Senator has 3 minutes remaining.
  Mr. GRAMM. Mr. President, I want to give a very brief synopsis of my 
argument for the use of reconciliation. We have had an extensive debate 
on the floor of the Senate. We are going to adopt a budget at some 
point. I hope it will be to my liking, but we are going to adopt one 
whether it is to my liking or not. We are going to go to conference. I 
hope to be a conferee, and I am confident the conference report will be 
more to my liking if this bill is not.
  In any case, we want to be sure we have an opportunity to have an up-
or-down vote on the President's tax cut or something very close to it. 
Obviously, there is no way we can make people vote for it, but we want 
to be sure that a new President with a new agenda gets an opportunity 
to have his program voted on.
  We obviously are at an impasse as a Senate on naming conferees. When 
we worked out this powersharing agreement--an extraordinary agreement, 
in my opinion, and a very generous agreement from the majority leader, 
in my opinion--one of the things that was not worked out is what do we 
do about conferences.
  We believe if we pass a tax bill in the Senate and it requires a 
conference, we do not want to get into a position where we simply try 
to pass the House bill. It may not be the final product we want. That 
does not make for good law to do something like that. We ought to be 
able to name conferees, and on a tax bill we adopt, obviously we 
believe we should have a majority on the conference committee.
  Unfortunately, since we could not work out a unanimous consent 
agreement, the only way we can be assured that we have this opportunity 
to make the case and have an up-or-down vote is through reconciliation.
  When reconciliation was used to raise taxes in President Clinton's 
first year in office, not one Republican voted for that tax increase, 
but no one challenged the right of our colleagues who were in the 
majority then to use reconciliation. No one challenged that right. It 
was used.
  In 1997, in the budget when reconciliation was used to adopt a 
bipartisan tax cut, that was a hammered out agreement between the 
Republican majority then in both Houses and President Clinton. No one 
challenged our right to use reconciliation for that process.
  Now we have a situation where we are trying to do for our new 
President what President Clinton did. We are trying to follow a 
procedure that we followed in 1997 when no objection was made. We 
understand strong feelings. We are sorry we could not work this out, 
but in the end, we believe the process is the right process, and given 
our inability to work out an agreement, we want to use it. That is why 
I

[[Page 5646]]

urge my colleagues to vote to allow us to use the same process that has 
been used over and over since the budget process first started.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I thank Senator Gramm for his succinct 
summary of where we are and what we are about.
  The reason this is a serious debate is because it did not take me 28 
years being a Senator to learn--in fact, probably in the early years, I 
learned from my opponent who has been in the Senate 43 years--there are 
some things very special about the Senate that everybody should know. 
It has a couple of qualities that are rather incredible for 
parliamentary bodies.
  One of those is freedom to debate. Sometimes people call that the 
right to filibuster. Filibuster does not sound so good, so of late we 
call it freedom to debate. That really means if you want to delay 
things or if you want to get your way or you want to make some changes 
your colleagues do not want to make in the Senate, you can get the 
floor and can talk as long as you can talk and nobody can stop you 
until you stop yourself. It even means more than that.
  Essentially, it is the right to debate as long as you want and as 
long as you can.
  The second quality that makes this a very different institution is 
the right to offer amendments. It takes some people a while to know 
what that really means.
  I can recall during the Vietnam war there was a Senator from the west 
coast who used to sit at one of the desks in the back. I am going to be 
as plain and honest about it as I can. Come 8 o'clock at night, it was 
5 o'clock in the Senator's State. At about that time in the afternoon, 
regardless of what we were debating, that Senator would try to get the 
floor and try to offer either an amendment or resolution regarding the 
Vietnam war because he was becoming known as an anti-Vietnam war 
Senator.
  Of course, at 8 o'clock in the Senate, it was 5 o'clock in the State 
on the west coast. If one does that every 5 or 6 days, you get to be 
known as the anti-Vietnam Senator. A Senator can also offer that to any 
kind of bill. It can be offered to an appropriations bill. It can be 
offered to an authorizing bill unless there is an agreement to the 
contrary. It is a Senator's right.
  Those are the two qualities that are most significant about the 
Senate. I learned them rather quickly. I do not think I appreciated 
them in terms of the institution for maybe about 10 years.
  I soon found, once I became a member of the Budget Committee --in 
fact, through a quirk of things, I got on very early and I did not 
choose to ever get off because I could see myself moving up, never 
thinking I would ever be chairman. I could see myself moving up and 
being ranking member. All of a sudden, the Republicans took over the 
Senate, and I got a call from Senator Baker who said: Hi, Mr. Chairman, 
you are chairing the Budget Committee. If I was not in that position, I 
was in the position of lead Republican.
  I found out very quickly those two qualities--the right to filibuster 
or debate as long as you want and the right to amend --were changed by 
a law that changed the rules of the Senate. I am holding it up.
  This is the law. It was adopted 25 years ago. It changed, for as long 
as this law is operative, the rules of the Senate because if you have a 
reconciliation instruction under this Budget Act, which changes the 
rules of the Senate, that reconciliation instruction no longer carries 
with it on the floor of the Senate those two cherished privileges.
  It has a limited debate because this law says the debate is limited. 
It says only 50 hours of debate on a resolution and only 20 hours of 
debate on a bill that comes forward from this document and a resolution 
called reconciliation.
  Guess what else it did. You do not have a right to amend a bill that 
is a creature of a reconciliation instruction which is a creature of 
this law. You don't have that right. Laws on amendments are very 
narrowly construed.
  I know my good friend, Senator Byrd, is going to attempt to draw a 
distinction between what we are doing in this budget resolution because 
we have a surplus and what we did other times--either by increasing the 
taxes, as we did for President Clinton in a reconciliation instruction, 
which meant 20 hours of debate and, for all intents and purposes, no 
amendments. We were in the minority, and every single Democrat voted to 
give the Finance Committee that authority, and then every Democrat 
voted to pass the bill that was the creature of that reconciliation--
split exactly down party lines. But taxes were increased under the 
process created by this act, in derogation of the normal rules of the 
Senate.
  I happened to have been here through almost every reconciliation, and 
my friend from West Virginia frequently calls it ``re-conciliation,'' 
and we have agreed that both pronunciations are correct.
  Mr. BYRD. Will the Senator yield?
  Mr. DOMENICI. I am happy to yield.
  Mr. BYRD. The pronunciation by the distinguished Senator from New 
Mexico is the correct one. I have just gotten into a habit for a long 
time of saying ``re-conciliation.'' I think it is reconciliation. I am 
liable to stay in the same old habit.
  Mr. DOMENICI. Mr. President, I believe the budget resolution before 
the Senate today is like other budget resolutions. And I have been a 
party to every single one. If somebody wants to write the history of 
what has happened that is most significant to the Senate in the past 25 
years, they can start off with this bill. This has caused the most 
significant changes that the Senate has had imposed upon it by virtue 
of a reconciliation instruction that has, on some occasions, reduced 
spending. On other occasions, it has increased taxes. On other 
occasions--and if we get around to the details I will list them for 
everyone--we have used it to cut taxes or reduce taxes.
  Those who will write the history of the past 25 years will probably 
say that no other document has caused more changes in the tax laws up 
and down, in the changing of entitlements up and down, without full 
debate and without the right to amend, than this document over this 25 
years.
  I was thinking I would come to the floor and tell the Senate every 
reconciliation bill of which I have been a part. But the list is too 
long. It is very long. There have been many. You can tell if you read 
statutes of the U.S. Congress and you find something that says Omnibus 
Budget Reconciliation Act of 1976 or 1981, almost without exception 
they are the creature of a reconciliation instruction done on the floor 
of both Houses ultimately to their respective committees.
  Frankly, I don't see any difference between what we have done in the 
past and what we have done here. As a matter of fact, there was an 
occasion in 1996 when the other side of the aisle challenged a proposal 
in a budget resolution to reduce taxes. They actually raised the point 
of order that it wasn't right, it wasn't permitted under this act. The 
Parliamentarian agreed that it was. We had a vote where the other side 
challenged that and sought to appeal the ruling of the Chair. The Chair 
was sustained. The Chair was sustained by a partisan vote. We had the 
majority by three then. We had 53 Senators then. The Senate decided you 
could use reconciliation to reduce taxes, as they were in 1976. I might 
suggest they were done again in 1997 and 1999 and no challenge was made 
to them.
  In two instances we did it, and the President vetoed the bills 
anyway. So you don't find an omnibus reconciliation tax bill for those 
years. But one did pass the Congress, both Houses.
  All I have sought in the budget resolution and all I seek here is to 
use the same process we have been using since this Budget Act was 
adopted. It had many experts, but in order to become what it has 
become, because it still works, it had to have some knowledgeable input 
when it was written.
  What did they need to do? They needed to make sure that nothing stood 
in the way of getting a budget resolution, No. 1, including that rules 
of the Senate could not stand in the way of the

[[Page 5647]]

budget resolution. It had a limited amount of time. And it had to get 
passed.
  Then they didn't want reconciliation to be held up. In particular, 
section 310 of the act, on page 25 of the act, states: Inclusion of 
reconciliation directives in a concurrent resolution on the budget--a 
concurrent resolution on the budget for any fiscal year to the extent 
necessary to effectuate the provisions and requirements of such a 
resolution.
  That is precisely what we are trying to do with our request that this 
procedure be made available.
  Frankly, some have asked: Senator Domenici, how can you keep on doing 
these year after year? I don't know. I think it is because the 
reconciliation process provides an opportunity to get something done. 
If there wasn't something significant happening because we stood here 
on the floor and produced a budget resolution, I say to my good friend 
Senator Byrd, I don't think I would have been staying on the Budget 
Committee, doing budget resolutions, if we just admonished committees 
and then they didn't have to do it. In fact, I stayed on because we had 
to tell committees what the parameters were and they did it. We always 
told them, if they didn't do it, something might happen. They 
misconstrued us sometimes, and they thought we would write their law. 
We didn't know what would happen. The leadership would have to find a 
way to enforce it if the committees didn't.
  The point is it has been exciting because we have done 12, 14, maybe 
15 reconciliation bills that have literally caused change that would 
not have happened. Senator Graham you didn't like some of the changes. 
Some of the changes I didn't like. To tell you the truth, I didn't like 
many of them. But I don't believe we should deny ourselves an 
opportunity for this new President to have us use a reconciliation 
instruction bound and borne by this Budget Act which changes the rules 
of the Senate for as long as this law exists.
  I didn't think we should say: We have used it, but you can't use it 
now. We thought our President's proposals for 4 percent growth in the 
expenditures of government in the ordinary and regular appropriation 
process and a $1.6 trillion tax cut over 10 years out of a surplus of 
$5.6 trillion seemed to be more than justified by the new President's 
proposals for sound fiscal policy and, indeed, for sound tax policy for 
our people.
  With that as my introductory remarks and my concern, I offer today an 
instruction, an instruction that we would ask the Senate to vote on 
soon, sometime this evening, that essentially says we can use the 
process called reconciliation to accomplish the tax consequences of 
this budget resolution in its final form, whatever that is.
  I am quite sure that I have not made this interesting for those out 
there listening; it is pretty hard to make this interesting. But 
neither do I hope that I appear anything but serious.
  A little while ago one of my good friends asked me to smile. I smiled 
in response, so big that I couldn't talk. Then I said I have to either 
quit smiling or I can't talk anymore.
  In any event, it is serious. I think we should all try very hard to 
make the average person listening to this understand it is important to 
their business. The public's business is really affected by the rules 
and the rights of Senators. But they are also affected by the rules and 
rights created by this Budget Impoundment Act of 1975. I did not help 
write it. I voted for it. I think it passed overwhelmingly. I don't 
know if there were even any negative votes for it. I remember Senators 
such as Chuck Percy from Government Operations playing a part in it, 
coming to the floor, saying it was the biggest change we will ever 
effect.
  It took me 5 or 6 years to understand it really was a big change. All 
we want to do now on our budget is make sure the changes permitted by 
this law be carried over to this President's tax proposals so we can 
get a start, as he would say, toward letting the people of this country 
get back some of their money and also to create a kind of tax policy 
that will be good for the future.
  I am going to read this. I will not go into any detail. I would say 
reconciliation has been used by the Senate--with reference, Senator 
Gramm, to tax law changes--not 1 time, not 5 times, 15 times--one-five 
times it has been used--10 times to increase taxes and all became law, 
5 times to cut taxes, 2 became law, 2 were vetoed, and 1 did not find 
its way beyond the Halls of Congress. It was what was seen to be a 
rather useless chore, to send it down to be vetoed. But the Congress 
did it. So I repeat, over 25 years no wonder the Senator from New 
Mexico wanted to stay on this. We were changing things dramatically, 15 
times--10 to increase taxes, all of which happened; 5 to cut taxes, all 
of which happened.
  With that history I very much appreciate Senator Byrd wanting this 
matter to be thoroughly discussed. I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, this is a critically important debate. 
This is not fundamentally a question of the issue of the President's 
proposal for a tax cut. This is a far bigger issue than that. This is 
the fundamental question of the role of the Senate in our Government.
  Our Founding Fathers had a genius. They created this structure of 
government to protect the rights of the American people. They built a 
House of Representatives that they wanted to respond to the immediate 
feelings of the people, a body elected every 2 years. They wanted them 
to respond to the will of the people and the immediate passions of the 
moment.
  They created the Senate with Senators having 6-year terms for a very 
different reason. They wanted the Senate to be the cooling saucer in 
our Government. They wanted the Senate to be able to debate and amend 
and to coolly reflect on what the policies should be for our country. 
That is the role of the Senate, and this debate is consequential 
because it would dramatically change the role of the Senate.
  Reconciliation means no less than Senators giving up their 
fundamental right to extended debate and amendment. Those are the 
things that distinguish this body from parliamentary bodies the world 
around. It is what has made this Chamber the greatest parliamentary 
body in the world. All of that is at stake in the next 3 hours, because 
at the end of that time we are going to vote, and how we vote will help 
determine the future role of this body.
  Reconciliation was established in 1974 to allow Congress to make 
last-minute spending or revenue changes. It was not intended to be used 
to enact major new spending proposals or major tax cuts or substantive 
policy changes. It was a device to make small changes. It was in that 
context that Senators were willing to limit their right to debate and 
offer amendments, because it was so narrowly to be applied.
  By the early 1980s, reconciliation had evolved into a mechanism for 
deficit reduction. For example, in 1981, Congress used reconciliation 
to enact the spending cuts that President Reagan called for. It was not 
used for the tax cuts that President Reagan proposed and that were 
passed precisely for the reasons I have given. It was for deficit 
reduction, not for spending, not for tax cuts.
  In 1985, Congress passed the Gramm-Rudman-Hollings Balanced Budget 
Emergency Deficit Control Act and, in separate legislation, the Byrd 
rule. Both proposals served to limit the focus of reconciliation solely 
to deficit reduction.
  What is being proposed now is precisely the opposite, a $1.6 trillion 
tax cut with limited debate, limited time for amendment, the rights of 
each Senator sharply curtailed. That was never the intention of the 
Founding Fathers of our Nation--never.
  There have been attempts in recent years to dramatically alter 
reconciliation to implement major tax cuts instead of to achieve 
deficit reduction, but not once have those changes been enacted. No 
reconciliation package that did not reduce the deficit has ever been 
enacted--not one.
  The Senator from Texas referred to 1993 and President Clinton's 
budget

[[Page 5648]]

that included reconciliation. Precisely so, because that was a deficit 
reduction package.
  In example after example that has been given by my colleagues on the 
other side, they have neglected to point out that when reconciliation 
actually was used and law was enacted, those were deficit reduction 
packages.
  Every one that involved a tax cut was never enacted--not once.
  That is why this debate is so consequential, so profound, and will 
set a very important precedent.
  In 1981, a colloquy occurred during consideration of the 
reconciliation bill. Majority leader Howard Baker, the Republican 
leader, and the Democratic leader, Senator Byrd, underscored the belief 
that the intent of reconciliation was limited to deficit reduction.
  According to Senator Howard Baker, the revered Republican leader:

       Reconciliation was never meant to be a vehicle for an 
     omnibus authorization bill. To permit it as such is to break 
     faith with the Senate's historical uniqueness as a forum for 
     the exercise of minority and individual rights. In 1985, 
     Congress passed the Gramm-Rudman-Hollings Balanced Budget 
     Emergency Deficit Control Act in order to reduce the growing 
     budget deficit. The 1985 act provided that no amendments to a 
     reconciliation bill would be in order if the amendment did 
     not have the result of reducing the deficit. That was the 
     purpose of reconciliation, to reduce deficits, to either 
     increase taxes or to cut spending but to reduce deficits. It 
     was not designed to either allow or permit an increase in 
     spending, or cuts in taxes. That is precisely the opposite of 
     what was intended.

  I call my colleagues' attention to something the chairman of the 
Senate Budget Committee said back in 1985. He said:

       Frankly, as chairman of the Budget Committee, I am aware of 
     how beneficial reconciliation can be to deficit reduction. 
     But I am also totally aware of what can happen when we choose 
     to use this kind of process to basically get around the Rules 
     of the Senate as to limiting debate. Clearly, unlimited 
     debate is the prerogative of the Senate that is greatly 
     modified under this process. I have grown to understand that 
     this institution, while it has a lot of shortcomings, has 
     some qualities that are rather exceptional. One of those is 
     the fact that it is an extremely free institution, that we 
     are free to offer amendments, that we are free to take as 
     much time as this Senate will let us to debate and have those 
     issues thoroughly understood both here and across the 
     country.

  The Senator from New Mexico, our budget chairman, was right when he 
said that in 1985.
  He said in 1989:

       There are few things about the United States Senate that 
     people understand to be very, very, significant. One is that 
     you have the right, a rather broad right, the most 
     significant right, among all parliamentary bodies in the 
     world to amend freely on the floor. The other is the right to 
     debate and to filibuster. When the Budget Act was drafted, 
     the reconciliation procedure was crafted very carefully. It 
     was intended to be used rather carefully because, in essence, 
     Mr. President, it vitiated those two significant 
     characteristics of this place that many have grown to respect 
     and admire. Some think it is a marvelous institution of 
     democracy, and if you lose those two qualities, you just 
     about turn this U.S. Senate into the United States House of 
     Representatives, our other parliamentary body.

  That is what this debate is about. Are we going to have a Senate that 
functions as our forefathers intended, as the Framers of the 
Constitution intended, or are we going to turn this body into a second 
House of Representatives?
  That would be a profound mistake--a mistake for our country, a 
mistake for this Chamber, and a mistake for the future.
  I hope very much that cooler heads will prevail, that we will vote to 
reject reconciliation for this purpose, and that we will reserve it for 
deficit reduction.
  This is a profoundly important decision. We have just a few hours 
before it will be resolved. I hope very much that we understand and 
appreciate that we can consider tax cuts in this Chamber without using 
the reconciliation process that limits the rights of Senators and that 
changes the role of the Senate.
  Massive tax cuts were considered without reconciliation in 1981. They 
can be considered without reconciliation in the year 2001.
  That is what we should do. That is what we must do.
  I thank the Chair. I yield the floor. I ask my colleague from West 
Virginia to proceed.
  The PRESIDING OFFICER (Mr. Smith of Oregon). The Senator from West 
Virginia is recognized.
  Mr. BYRD. Mr. President, Herodotus, the Father of History, instructs 
us that on his way to Salamis, Xerxes the Great, the Persian monarch, 
ascended a hill because he had a longing to behold his mighty army, 
which was probably the largest army that was ever assembled in the 
history of the world. And arriving there, he paused to look upon all of 
his mighty hosts.
  As there was a throne of white marble, which had been prepared 
beforehand at his bidding, Xerxes the Great, son of Darius and grandson 
of Cyrus the Great, took his seat upon it, and he gazed thence upon the 
shore below, beheld at one view, all of his mighty land forces and all 
of his ships, which he had assembled for this great battle, which would 
soon occur in the Sea of Aegina, and which is recalled to us as the 
battle of Salamis in 480 B.C.
  As he looked and saw the whole Hellespont covered with the vessels of 
his fleet, all the shores and every plain about him as full as possible 
of men, Xerxes congratulated himself on his great power and his great 
fortune, but after a little while, he wept.
  Then, Artabanus, the King's uncle, when he saw Xerxes in tears, said 
to Xerxes: ``How different, Sire, is what thou art now doing from what 
thou didst a little while ago? Then thou didst congratulate thyself; 
now, behold, thou weepest.''
  Replied Xerxes: ``There came upon me a sudden pity when I thought of 
the shortness of man's life, and considered that all of this mighty 
host, which has gathered from the many provinces under my control as 
King of Persia, so numerous as it is, not one --not one--will be alive 
100 years from today.''
  So, Mr. President, as I stand today and gaze upon this Chamber, I, 
like Xerxes, consider that of the 100 Senators--when I came here there 
were 96; and there were 100 Senators in the original Roman Senate--of 
the 100 Senators who will cast their votes today, not one will be alive 
when 100 years are gone by. But just as we who live today revere the 
names and the works of our illustrious forebears who framed the 
Constitution 214 years ago, so will our posterity--our children, our 
children's children, and our children's children's children--look back 
upon us and our works. And may our children, oh, God, have cause to 
bless the memory of their fathers, as we have cause to bless the memory 
of ours.
  Posterity will see fit to look back upon us, whether it be 100 years 
from today or whether it be 10 years from now, and will have reason to 
judge us, in considerable measure, by whether we, in our time, so serve 
as to perpetuate the blessings that have come down to us from our 
forbears, the greatest blessing of all being the Constitution of the 
United States--I hold it in my hand--and the perpetuation of the rights 
of men and women, the perpetuation of the constitutional principles 
laid down in that document, the perpetuation of the principles of 
freedom to debate and amend that have been handed down to us as 
Senators by our forefathers.
  Will our posterity thank us for perpetuating a Senate founded upon 
the bedrock principles of freedom of debate and amendment? Will they 
remember us as having so acted as to hand down to them unblemished, 
untarnished, and unstained the right and freedom to speak, to debate, 
and to amend? The rights of Senators to debate and amend at length are 
being denied. And such a denial is a denial of due process--due 
process. And that denial is not only a denial of our rights to amend 
and to speak freely in this Chamber at length, but a denial to our 
constituents who send us here.
  These rights go back hundreds of years. They did not originate in 
1787 in Philadelphia. They did not originate there. They were 
recognized centuries ago. And their roots are buried deep in the mists 
of antiquity.
  I will read just a few words from the Magna Carta, which was signed 
at Runnymede, in the meadow at Runnymede,

[[Page 5649]]

on June 15, 1215, when the King was compelled by his subjects to sign 
that great document. Let me read briefly therefrom. Chapter 12:

       No scutage nor aid shall be imposed on our kingdom, unless 
     by common counsel of our kingdom. . . .

  What was an aid? An aid was a revenue, a kind of revenue that vassals 
of the King were compelled to pay him.

       No scutage nor aid shall be imposed in our kingdom, unless 
     by common counsel of our kingdom. . . .

  That means everybody.
  Chapter 14:

       And for obtaining the common counsel of the kingdom anent 
     the assessing of an aid (except in the three cases aforesaid) 
     or of a scutage, we will cause to be summoned the 
     archbishops, bishops, abbots, earls, and greater barons, 
     severally by our letters [under seal]; and we will moreover 
     cause to be summoned generally, through our sheriffs and 
     bailiffs, all others who hold of us in chief, for a fixed 
     date, namely, after the expiry of at least forty days, and at 
     a fixed place; and in all letters of such summons we will 
     specify the reason of the summons. And when the summons has 
     thus been made, the business shall proceed on the day 
     appointed, according to the counsel of such as are present, 
     although not all who were summoned have come.

  Now what was King John saying? He was saying: No tax, no aid, no 
revenue will be imposed upon my vassals, my people, except by the 
common consent of the kingdom, not just by the common consent of a few. 
And he indicated in writing, by the way he defined the various groups 
of people--meaning all of his people would be represented: the 
archbishops, the bishops, the earls, and so on--that they would gather 
and that they would pass upon the revenues that he requested.
  So as we deal with the matter before us, which involves revenue, let 
us remember that our rights, our people's rights to be represented by 
us in full, the roots of those rights go back centuries and centuries 
ago.

     At Runnymede, at Runnymede,
     What say the reeds at Runnymede?
     At Runnymede, at Runnymede,
     Your rights were won at Runnymede!
     No freeman shall be fined or bound,
     Or dispossessed of freehold ground,
     Except by lawful judgment found
     And passed upon him by his peers!
     Forget not, after all these years,
     The Charter signed at Runnymede.

  Today we are finding, over the experience of the last few days, that 
those rights, the roots of which go back to Runnymede and beyond, are 
being short-circuited. They are being trampled upon.
  We are in very uncharted waters with this budget. It is a 10-year 
budget. This is the first time in my long tenure of nearly 49 years on 
Capitol Hill that the Congress has ever tried to enact a 10-year 
budget. No one is very sure of any of the assumptions and estimates 
underlying this 10-year budget plan--nobody. Even those witnesses who 
appeared before our committee, the Budget Committee, indicated they 
couldn't be sure of their estimates. Yet, some in this body are 
perfectly willing to roll the dice and let the devil take the 
consequences.
  I am amazed that this tactic is even being attempted. We have an 
equally divided Senate, 50 Republicans, 50 Democrats. The Presidential 
election was virtually a tie in the popular vote. There is no clear 
mandate for this President. Mr. Bush is President. He took the oath of 
office. There is no question regarding his being the President of the 
United States--no question--no question whatsoever as to his legitimacy 
in holding this office--none. But there is no clear mandate. We have 
not heard the voices of the people clamoring for this economic plan. 
Yet, the majority side is using this procedural straitjacket called 
reconciliation to keep free-flowing debate, for which our forefathers 
fought and died, from happening, free-flowing debate and amendment on 
the forthcoming tax cut. There is no mandate for that tax cut, with 50/
50 in the Senate and the membership in the other body being likewise 
very close insofar as the number of Republicans and number of Democrats 
are concerned.
  This President has said over and over and over again that he wants to 
change things in Washington. This President has said he wants 
bipartisanship. Yet we are very far from any attempt at bipartisanship 
when we resort to heavy-handed tactics to shut out one side of the 
aisle.
  We wanted a markup in the Budget Committee. We asked for a markup in 
the Budget Committee. We pleaded for a markup in the Budget Committee. 
We were entitled to have a markup in the Budget Committee. But didn't 
get it. The Budget Committee is split 11 to 11. In fact, instead of 
bipartisanship, then, what we have here is gamesmanship--gamesmanship 
of the worst sort.
  There are those in this town who are so polarized, so intent upon 
winning that nothing else matters but to win. They don't care what they 
win as long as they win. They don't care what the cost is to this body, 
the central balance wheel of the Constitution, this body, the master 
stroke of the Framers, the jewel of the Constitution--the Senate. They 
don't care what the cost may be to the country. Winning is everything. 
They have to win.
  We are tied here 50/50, and it doesn't matter so much how we attain 
the end, how we win; the important thing is that we win. At the time of 
the enactment of the Congressional Budget and Impoundment Control Act 
of 1974, it was thought that Congress would pass its first budget 
resolution at the beginning of each session, and this would be followed 
by the annual Appropriations Bills and any other spending measures. 
Then, Congress would issue any reconciliation instructions that might 
be necessary to bring the spending and revenues into line with the 
Budget Resolution, and that process was to involve the passage of a 
second Budget Resolution.
  Reconciliation involves a two-stage process, in which reconciliation 
instructions are included in the Concurrent Resolution on the Budget--
that is what is before the Senate--to direct appropriate Committees to 
achieve the desired budgetary results, and then to incorporate those 
results into an omnibus bill which is considered under expedited 
procedures in the House and in the Senate.
  Fast track procedures were included in the Congressional Budget Act 
to help Congress quickly to enact necessary changes in spending or 
revenues so as to insure the integrity of the Budget Resolution 
targets. The fast track procedures limit Senate debate on 
reconciliation bills to 20 hours and allow only germane amendments. 
Time on reconciliation bills may be further limited by non-debatable 
motion. The managers of a reconciliation bill may yield back their 
time, which can further cut the time for consideration.
  Unfortunately, reconciliation bills have proved to be almost 
irresistible vehicles for Senators to use to move all manner of 
legislation because of these fast-track procedures, and, in recent 
times, the misuse has been gross.
  Fast track procedures take away from Senators--the elected 
representatives of the people in this Chamber-- the opportunity to 
offer their amendments and to fully debate them. Reconciliation, 
therefore, is a non-filibusterable ``bear trap'' that should be used 
very sparingly and only for purposes of fiscal restraint.
  In other words, reconciliation should be used only--hear me now--
reconciliation should be used only for reducing deficits. I know my 
good friend from New Mexico says otherwise, but hear me. To trample 
upon the rights of men and women in this body, to take away from them 
the right to freely debate and amend measures, is a very serious thing.
  We passed that act in 1974 saying, yes, we will, for a very narrow 
purpose, under certain narrow circumstances, take away for a brief time 
and for a brief purpose those rights, the right to debate and to amend. 
The Senate is the foremost upper body in the world today. Why is it so 
unique? Why? Because in this Chamber, men and women who are elected by 
the people back home have the right, the constitutional right, to 
freely debate and amend.
  Augustus, the first great Roman Emperor, from 27 B.C. to 14 A.D., 
didn't like to hear senators argue and debate. So he was critical of 
senators who had the nerve to debate. And their answer was: ``Don't 
senators have the right to

[[Page 5650]]

debate, to speak, to criticize the commonwealth?"
  Reconciliation was established only for reducing deficits. In 1999, 
the reconciliation process was used by the Republican leadership to 
allow for a $792 billion tax cut to be brought to the Senate using 
fast-track procedures, taking away the right to debate fully and amend 
that tax cut bill. I believe this was the first time--or at least one 
of the rare times--that reconciliation instructions were issued that 
mandated a worsening of fiscal discipline for the Federal Government. 
Unlike the fiscal year 1997 budget resolution, I do not believe that 
the budget reconciliation instructions in 1999 resulted in improving 
the fiscal status of the Federal budget. Again, in the year 2000, the 
reconciliation process was used to allow for major tax cuts to be 
brought before the Senate in reconciliation bills. In short, we have, 
in my view--and I think my view is based upon facts. I am not 
interested in who wins, whether it is Democrats or Republicans, as far 
as that is concerned; I am interested in maintaining unblemished, 
untarnished, and unstained the fundamental principles on which this 
Senate rests, and they are involved here. In short, we have, in my 
view, abused and distorted beyond all recognition the original, very 
limited purpose of the reconciliation procedure.
  Now let those who wish to contest that do so. It is obvious that the 
Republican majority will, for the third straight year, attempt 
ultimately to fashion a budget resolution that will contain 
reconciliation instructions to the Senate Finance Committee and House 
Ways and Means Committee, directing them to bring forth the Bush 
administration's $1.6 trillion tax cut bill.
  Taking advantage of the reconciliation procedures in this way would 
be the latest in what has become a steady degradation of the 
congressional budget process. Reconciliation, which was created to make 
it easier to impose budget discipline, is instead being used to make it 
easier to get around the Senate's rights to debate and amend. 
Reconciliation, therefore, is being turned on its head.
  Hear me. ``O, that my tongue were in the thunder's mouth, then with a 
passion would I shake the world!'' There is no reason whatsoever to 
consider the President's tax cut proposal as a reconciliation bill. The 
Senate should take up this massive tax cut proposal as a freestanding 
bill. That is the way we have always done it. It is a tax cut bill. It 
should be fully debated and amended. That is what was done in 1981 when 
President Reagan sent to Congress his tax cut proposal. On that 
occasion, Congress used the reconciliation process to accomplish the 
spending cuts in the Omnibus Budget Reconciliation Act, but the Reagan 
tax cuts were brought before the Senate as a freestanding bill and were 
fully debated, without depending on reconciliation fast-track 
procedures. More than 100 amendments were disposed of, and the Reagan 
tax cut bill was debated for 12 days prior to its passage. The Senate 
Republican leadership in that instance chose to do the right thing by 
bringing the Reagan tax cut bill to the Senate as a freestanding 
measure rather than use fast-track reconciliation procedures. It was 
thoroughly aired.
  Taking the easy way and doing the expedient thing rarely requires 
much leadership. The former Republican leader, Howard Baker, who was 
the majority leader--I was the minority leader--did the right thing for 
the Senate, for the President, and for the country.
  In 1993, my own Democratic leadership--now, listen to this. In 1993, 
my own Democratic leadership pleaded with me. How many of my friends on 
the Republican side today would stand as firm as the Rock of Gibraltar 
as I did on that occasion? The Democratic leadership pleaded with me at 
length to agree to support the idea that the Clinton health care bill 
should be included in that year's reconciliation package. They came to 
my office on the floor below. Not only did Majority Leader George 
Mitchell and others of my colleagues attempt to persuade me to go along 
and not raise a point of order under the Byrd rule, which would require 
60 votes to waive, President Clinton got on the phone and called me 
also and pressed me to allow his massive health care bill to be 
insulated by reconciliation's protection. He called me on the 
telephone. Here is the President of the United States calling this 
lowly former coal town boy and asking me to let his huge health bill 
come before the Senate on that fast track. I could not, in good 
conscience, however, look the other way and not make that point of 
order and allow what would clearly have been an abuse of congressional 
intent to occur.
  How many others would do that today on that side of the aisle, stand 
against their President. Well, perhaps that is not too important.
  I felt that changes as dramatic as the Clinton health care package, 
which would affect every man, woman, and child in the United States, 
should be subject to scrutiny. I said: Mr. President, I cannot in good 
conscience turn my face the other way. That is why we have a Senate--to 
amend and to debate freely--and that health bill, important as it is, 
is so complex, so far reaching that the people of this country need to 
know what is in it and, moreover, Mr. President, we Senators need to 
know what is in it.
  He accepted that. He accepted that, thanked me, and we said goodbye.
  I could not, I would not, and I did not allow that package to be 
handled in such a cavalier manner. It was the threat of the use of the 
Byrd rule--and my how that Byrd rule has been maligned and excoriated 
and criticized by many Members of the other body who should be thanking 
the Senate for it. It was the threat of the use of the Byrd rule that 
bolstered my position. My view prevailed then; my view is the same 
today. It is time for the abuse of the reconciliation process to cease. 
We should not be using tight, expedited procedures to take up measures 
that worsen the fiscal situation of the Nation and that have far 
reaching, profound impacts on the people. Reconciliation was never, 
never, never intended to be a shield, to be used as a shield for 
controversial legislation by depriving Senators of their rights and 
their duty to debate and to amend.
  I want the Senate to have an opportunity to work its will and to 
apply its considered judgment to the massive tax cut that is being 
proposed by the Bush administration. I strenuously object to having 
such a far-reaching, critical matter swathed in the protective bandages 
of a reconciliation process and ramrodded through this body like a 
self-propelled missile. Nobody who has listened to the testimony of 
witnesses before the Budget Committee could possibly claim that the 
right choices are clear. There is vast uncertainty and disagreement 
about nearly every aspect of the Bush tax cut.
  The President's proposal is not an edict, and the Senate is not a 
quivering body of humble subjects who must obey.

       Come one, come all! this rock shall fly
       From its firm base as soon as I.

  This is the Senate. Reliance on reconciliation as the torpedo with 
which to deliver a knock-out punch for the President is a tactic that 
ought to be abandoned. It is not a fair course. It is not a wise 
course. It is not right to enforce this reconciliation gag rule upon 
the Senate. It is wrong. We must not shackle the intellects of 100 
Members of the Senate in this way. We should not fear the wisdom of 
open and free-ranging debate about a proposal which is, at best, risky 
business. Now is no time to circle the wagons. Now is the time to hear 
all of the voices on both sides of the aisle. Now is the time to build 
consensus among ourselves and among the people we represent.
  There will be no victory if we make the wrong choices and plunge this 
Nation back into a deficit status. There will be no victory. We will 
have plenty of time to regret and to weep.
  The President has said that he wants bipartisanship. He has said that 
he has faith in his plan. I believe, therefore, that there is no need 
to hide behind the iron wall of reconciliation. This would be a hollow 
victory, indeed, for the President, and for the majority leadership in 
this body.
  As to the tax cut itself, the Bush proposal is pretty stale bread. It 
probably

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came from last year's campaign wars that blew up in the snows of winter 
in New Hampshire. If it ever was a good idea, it probably is not now. 
The economic picture has changed since then and changed radically. The 
type and size of the tax cut proposed in the President's budget--and we 
have not seen his budget. Why haven't we seen his budget? It was 
promised to us for Monday of this week, but now we know that it will be 
Monday of next week before the budget comes here.
  I have been among those who have urged that we just wait a little bit 
and, before we cross that railroad crossing where the lights are 
flashing, have the budget before us. We can have it by Monday. It is 
within 3 blocks of the Capitol right now being printed. So it is 
around. Why can't we have it?
  The economic picture has changed, as I say, and it has changed 
radically. The type and size of the tax cut proposed in the President's 
budget obviously bears rethinking. The size of the proposed surplus has 
already been diminished by the stock market plunge.
  Even the staunchest supporters of the President's $1.6 trillion tax 
cut idea would have to admit that the ground has shifted and that the 
President's plan might need some adjustment. Only an extremely 
doctrinaire mind would continue to claim that this tax cut is still a 
perfect fit for the present economy or the projected surpluses that go 
out to the far end of 10 years. That would be like claiming that your 
size 42 pants still fit fine after you have dropped 25 pounds. The 
economy has lost some weight since the President's plan was created.
  I can understand the desire to win one for the new President. I can 
understand my good friend from Texas, of whom I am very fond and whom I 
consider a friend. I live with him here 5 days a week, 4 days a week in 
many of the weeks of the year. I live with the chairman of the Budget 
Committee who is an extremely able chairman. He is of the true Roman 
stock, and I admire him. I admire him. I am sorry that on this occasion 
we have to disagree. We will disagree, but disagreement, as far as I am 
concerned, lasts only for a day and then it is all in the past.
  On the other hand, it is always well to remember that the Senate is 
an equal branch, with Members having decades--decades--of experience 
which is their duty, their responsibility to apply. The Senate should 
not behave like some eager puppy taking slippers to its master for a 
good word and a pat on the head.
  We do this new President no favors to let him have exactly his way if 
that way is flawed. He will be blamed. President Bush will be blamed if 
this budget turns out to be a disaster for the American people. And we 
might be able to avoid some mistakes if the Senate is given a chance to 
debate and amend the tax proposal in a separate and freestanding bill.
  The President would still get the credit if the amount was cut, but 
why would it not be better if it were handed to him after a 
freestanding debate?
  What is a Republic? Madison in the Federalists No. 14 answered this 
question:

       In a democracy, the people meet and exercise the government 
     in person; in a Republic, they assemble and administer it by 
     their Representatives and agents.

  Madison answered that question. Consequently, to whatever degree that 
Senators, the elected representatives of the people, are prevented from 
debating and amending the legislation of that Congress or the Senate, 
to that same degree the people are denied their rights to be heard and 
to make decisions through their elected representatives in the Senate.
  Benjamin Franklin was asked by a lady following the Constitutional 
Convention's close on September 17, 1787: Dr. Franklin, what have you 
given us? The answer: A republic, madam, if you can keep it.
  Now, in this regard, let's listen to one of the complaints enunciated 
in the Declaration of Independence against King George III of England. 
In this little book is contained the Constitution and the Declaration 
of Independence. At the beginning of the Declaration of Independence, 
Thomas Jefferson enunciated the complaints that the people had against 
King George III and the reasons why the colonialists were going to 
sever those bonds forever. Listen to this:

       He [meaning King George III] has refused to pass any laws 
     for the accommodations of large districts of people, unless 
     those people would relinquish the Right of Representation in 
     the legislature, a Right inestimable to them, and formidable 
     to tyrants only. He has dissolved representative houses 
     repeatedly.

  One of their major complaints was that the King had refused to pass 
laws unless the people would give up something, would give up their 
right of representation in the legislature.
  That really, in essence, is what is happening here. A budget plan for 
10 years is about to be passed and, as a result of that budget, unless 
the Senate votes otherwise today and/or tomorrow, the people, through 
their elected representatives, will be relinquishing their rights to 
have full freedom of debate and amendment when it comes to the Bush tax 
cut.
  I say to Senators, the ranking member of the Budget Committee said 
only a little while ago that this is the most important legislation the 
Senate will act upon in this session. Why? Not only because it will 
involve a huge tax cut, the ramifications of which we cannot clearly 
see because we have no budget before us, but also because it goes to 
the root, the very marrow of the bone of Senators' constitutional 
rights on behalf of their constituents to fully debate and amend.
  I say to Senators, our ancestors fought a war with England because of 
the denial of representation in the legislature where taxation was 
concerned. When the reconciliation process is employed to curtail 
debate and amendments on bills making huge tax cuts, the people are 
being denied true representation in the Senate because their elected 
representatives here, who happen to be in the minority, are being 
gagged by the fast-track procedures of the reconciliation process.
  When a minority of Senators--and keep in mind, this is the largest 
minority that it is possible to have in this Chamber; there are 100 
Members in the Chamber, 100 Members have been sworn and the breakdown 
is 50/50, so the minority is as large a minority as the Senate could 
possibly have. A minority of Senators are being denied by the 
reconciliation process the right to debate at length and the right to 
freely amend. The people of the United States, who are represented by 
that minority in the Senate, are, in essence, being forced to 
relinquish the right of representation in the legislature.
  How much time remains?
  The PRESIDING OFFICER. The time remaining is 26\1/2\ minutes.
  Mr. BYRD. Let me briefly respond to the distinguished chairman of the 
Budget Committee. A chairman of any committee could be no more 
distinguished than the chairman of the Budget Committee. Anent the 
chairman's statement that what we are doing today is fully in accord 
with the intent of the Budget Act, I am saying that it absolutely is 
not.
  Mr. CONRAD. Will the Senator yield?
  Mr. BYRD. Yes.
  Mr. CONRAD. I inquire as to the time remaining on our side and the 
time remaining on the Republican side.
  The PRESIDING OFFICER. The minority has 25\1/2\ minutes and the 
majority has 61\1/2\ minutes.
  Mr. CONRAD. I ask the Senator if he could wrap up fairly quickly so 
we can turn to the other side so we will have some time remaining for 
requests of other Senators.
  Mr. BYRD. Absolutely. I will be glad to do that. I will postpone what 
I was going to say in response to the chairman's claim that this Budget 
Act can be in conformity with the act's intent and be used to cut 
taxes.
  I challenge that. I am ready to do so. I will not do so at the 
moment.
  On the other hand, I think I should. Section 310 of the Congressional 
Budget Act, as enacted in 1974, was arguably neutral in its purpose. 
The provision merely authorized reconciliation instructions to change 
laws or bills within a committee's jurisdiction. However, several 
amendments to the Congressional Budget Act have made it quite

[[Page 5652]]

clear that the purpose of reconciliation was for deficit reduction.
  Section 310 of the act was amended by the Balanced Budget and 
Emergency Deficit Control Act of 1985, Gramm-Rudman-Hollings, to 
prohibit amendments to reconciliation bills that reduced revenues, if 
the amendment caused a committee to fail to meet its reconciliation 
instruction. This prohibition would make no sense if committees could 
be instructed to reduce net revenues. It only makes sense if a 
committee could be instructed to increase revenues. Furthermore, the 
Byrd rule was added as section 313 of the Budget Act. It prohibits as 
extraneous any provision reported by a committee that reduces revenues 
if that committee failed to meet its reconciliation instructions. The 
Byrd rule also prohibits as extraneous a provision that results in net 
revenue losses in the years beyond the budget resolution, the outyears, 
unless those losses are compensated for by outlay reductions.
  Again, these provisions make no sense if committees could be given a 
reconciliation instruction to reduce net revenues. They only make sense 
if committees could only be instructed to increase revenue.
  It should also be noted that section 310 was amended in 1990 to 
specifically authorize a reconciliation instruction ``to achieve 
deficit reduction''. Thus, there is explicit and there is implicit 
language standing for the principle that the purpose of reconciliation 
is for deficit reduction. There is nothing in the Congressional Budget 
Act stating that reconciliation can be used to reduce revenues. The 
only conclusion that can be drawn is that this process is for deficit 
reduction.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Chafee). The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I inquire of the chairman of the Budget 
Committee if he would prefer to go at this point.
  Mr. DOMENICI. I understand the distinguished Senator wanted to speak 
for 4 minutes. I am delighted to have him do that, if it is all right 
with Senator Conrad.
  Mr. CONRAD. I am delighted to yield 4 minutes to the Senator from 
Florida.
  Let me say to my colleagues, we have very little time left on this 
side. It is our intention, after the Senator from Florida has spoken, 
to allow those on the other side of the aisle to take an extended 
period of time to express their view before we come back to our side.
  With that, I yield 4 minutes to the Senator from Florida.
  Mr. DOMENICI. Mr. President, I am happy to hear the Senator's 
intention, but I do not know what the intention is on our side. We are 
going to do our very best to be fair. We had to sit through a very 
lengthy discussion that I thought was very powerful. We would like a 
little bit of time to make our rebuttal.
  I am suggesting you can go another 4 minutes if that is all right 
with you all.
  Mr. CONRAD. Yes. We thought we would go to the Senator from Florida 
and yield 4 minutes to him.
  Mr. DOMENICI. I failed to mention that we have a whole series of 
votes on amendment, I might say to Senator Reid, that might occur 
tonight after the 6:30 commencement of the vote on the Domenici 
reconciliation amendment. I hope Senators do not run off after this 
next vote. I think there could be 3 hours' worth of votes tonight just 
on what we have already agreed to do.
  Mr. REID. I say to my friend, if he will yield, the staff is working 
to see if any of those eight amendments can be accepted. But whatever, 
there is going to be a lot of voting starting at 6:30.
  Mr. DOMENICI. That is correct. I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. NELSON of Florida. Mr. President, I am moved to speak because of 
the eloquence of the Senator from West Virginia and what he has taught 
us today by his statements as the author of the Byrd rule, as the 
author of the reconciliation act, and how he has woven the importance 
of this body being able to freely debate and freely amend into the 
course of history.
  He talked about Runnymede. He talked about Xerxes. As he was speaking 
so eloquently, it recalled to my mind Athens in the fifth century 
before Christ, one of the greatest golden times in the age of 
civilization of planet Earth. But Athens had a problem in a bald-
headed, bandy-legged little man by the name of Socrates who liked to 
ask all kinds of questions and who liked to challenge the established 
order of things Athenian.
  In the process of that experience with democracy and free speech, the 
special interests of the day urged the crowd so that the pack became in 
full cry to shut up the man who dared to ask the questions--Mr. 
Socrates. Ultimately they offered him the cup and said: Have a drink, 
Mr. Socrates.
  Socrates was such a part of that Athenian society that rather than 
break the rules, he drank from the cup. He showed by so doing that he 
adhered to the highest principles of Athenian society while they were 
muzzling and shackling and clamping his mouth shut.
  It is because of that, as a part of the lessons of history, added to 
the great lessons of history that the distinguished Senator from West 
Virginia has shared with us today, that ultimately led to that 
brilliant band of political thinkers who all came together to fashion 
this thing we know as the Constitution of the United States, that we do 
not want to limit debate or limit amendment, especially, as the Senator 
has so eloquently explained to us, on something as enormous and 
effective on these United States as a tax bill that will take prevail 
for 10 years.
  I thank the Senator from West Virginia for the history lesson he has 
given us. I thank him for what he represents as the true historian of 
this Senate, who can put this debate in perspective and give us another 
reason we should not have this reconciliation instruction that will 
muzzle this Senate on something so important to the discourse of the 
day, an enormous tax bill.
  I thank the Senator from West Virginia.
  The PRESIDING OFFICER. Who yields time?
  The Senator from New Mexico.
  Mr. DOMENICI. From our side of the aisle I want to say Senator 
Grassley is here ready to speak. I understood there were a couple of 
other Senators, including Senator Gregg, who wanted to speak. I cannot 
assure you as soon as you walk on the floor that you will be able to 
speak because time is back and forth and Senator Byrd was entitled to 
speak. In a few moments I will yield to my colleague. I understand he 
has some very responsive remarks. I want to hear them myself.
  Let me say to Senator Byrd, I have heard often--and perhaps I should 
say oftentimes--from you of your humble beginnings. I do not in any way 
want to suggest that I had humble beginnings. I am not sure my humble 
beginnings are relevant. I am sure yours are.
  But just so we will know, my father came all the way from Italy, when 
he was 14, to the city of Albuquerque. He never learned how to write 
English. He could not read well, but he could speak three languages. He 
did all right with a small grocery business. He took care of five 
children; it looks like all of them went to college; it looks like he 
left enough for his wife, to take care of her; and that is all he 
worried about.
  But I, too, have been challenged by a President. You were challenged 
by one. I will explain about that challenge in just a moment. I was 
challenged by Ronald Reagan. You weren't on the Budget Committee then. 
I wish you would have been. We were marking up after an Easter recess, 
having asked the President's Defense Secretary to negotiate with us for 
2 months on two different occasions. This Senator from humble 
beginnings, son of the Italian immigrants, was called by the President, 
called out from a committee meeting to an office, and he said: Adjourn 
the meeting. I need to discuss things with you.
  Let me tell you that we marked up the bill that afternoon. We 
finished because I had my job to do and he had his job to do. We gave 
him more defense

[[Page 5653]]

money. He ended up getting more when Congress was finished, which is 
interesting, too.
  Let me suggest to the President, and to those who are quite impressed 
tonight by the remarks given by the senior Senator from West Virginia--
and I remind everyone that he has had 43 years to learn about this 
Senate; I have only had 28. I feel very strongly about the Senate, just 
as he does, except I don't have any history to quote. That is just 
because I am not a history person, be it ancient, modern. Whatever the 
history, I am just not very good at it.
  But I can tell you that Senator Byrd's argument tonight is 27 years 
too late. In fact, he should have made that argument before we adopted 
the Senate Budget and Impoundment Act. He helped write it. I didn't 
help write it. I voted for it. But my recollection is that not a single 
Senator voted against it. Let me tell you that Senator Byrd should have 
made an argument then. This bill was filled with all the risks he talks 
about to change forever what the Senate stands for. If that wasn't the 
case, Senator Byrd should have objected and should have come and given 
this speech the 15 times that we have used reconciliation--10 times to 
raise taxes and 5 times to reduce taxes. He did object to one of those. 
He lost on a reduction of taxes. But that is when the argument tonight, 
ever so eloquent, should have been made.
  For those enraptured about the qualities of the Senate as discussed 
tonight, let me remind everyone that we changed them. We changed them 
under the authorship of the distinguished senior Senator from West 
Virginia who argued tonight about what a serious impact of a negative 
type this reconciliation instruction is going to impose on the Senate.
  I remind everyone. I see the tax-writing staff is here. Some of them 
have been through all of these. They can probably come over here and 
help me. They didn't like it when they were told to do a tax increase. 
That is probably what they liked the least.
  We did it. You know what happened on those instructions? The Senate 
did not have a chance to filibuster them. On not a single one of them 
did they have a chance to filibuster. Why? Because this act prevailed.
  Let me remind you that they did not have a chance to filibuster them 
or amend them significantly, whether they increased taxes or diminished 
taxes.
  On the argument that this Budget Act is not policy neutral, which the 
distinguished Senator from West Virginia challenges, let me just say I 
was part of the whole thing. I think it remains neutral. The only thing 
it permits us to do of a multiyear nature is to look forward to what 
will certain policies do in the future. That is what it permits us to 
do. It doesn't say in this Budget Act that you can do that only if you 
are reducing deficits. It just doesn't say it. The Senator interprets 
it that way. I don't interpret it that way.
  Let me also talk a minute with the Senate about the event. You know 
the event, when President Clinton almost got us to vote on a health 
care plan. I don't say any of this in a contentious manner toward any 
Senator. But I have already heard two Democratic Senators submit to the 
Senate, including my friend from West Virginia, that we were 
responsible for us not considering the plan, which is sometimes called 
the Hillary Clinton Health Care Plan. They were responsible for its 
failure--President Clinton's big health care plan.
  Let me tell you. The truth is, 3 years before we considered that, my 
good friend had prevailed in the Senate with a statute--not a ruling, a 
statute--that created the Byrd budget rule carrying his distinguished 
name. We did it around here for 3 years before that. And we finally 
said: You are right. Let's pass the Byrd rule.
  Guess what the Byrd rule would have done if they would have brought 
President Clinton's health care bill to the floor. Any Senator could 
have raised a point of order under that rule, the Byrd rule. Any 
Senator would have gotten a ruling from the Chair that it was subject 
to a point of order.
  Guess what next. It would require 60 votes to pass.
  So let's be honest and realistic. Senator Byrd has been part of 
helping fix this up for a number of years, but he has never been able 
to fix it up to deny its efficacy as changing forever the rules of the 
Senate so long as this Budget Act exists.
  Having said that, I want to comment on something else.
  Mr. SARBANES. Will the Senator yield?
  Mr. DOMENICI. I haven't had much time. Let me finish. Am I doing 
something wrong that you would like to correct me on?
  Mr. SARBANES. I think you are misstating Senator Byrd's position.
  Mr. DOMENICI. I don't believe so. I was here for the whole speech. 
You can speak on your own time.
  Mr. BYRD. Mr. President, will the Chair enforce the rule that 
Senators must address each other through the Chair and in the third 
person.
  The PRESIDING OFFICER. The Chair will enforce the rule.
  Mr. DOMENICI. I understand. I will try to do that.
  I want to talk a minute about Leader Baker's role in determining all 
of this, if you will permit me for a moment.
  First, let me put Senator Baker's comments in context. Maybe it would 
be best to do this. Senator Baker's comments were made, to the 
recollection of the Senator from New Mexico, with reference to a 
Commerce Committee bill. The Commerce Committee was then under the 
chairmanship of Robert Packwood. Senator Packwood took a little, tiny 
instruction that told that committee to change a fee--something that 
you are charging. He wrote a whole reauthorization of the telecom bill 
with a little, tiny instruction for a few hundred thousand dollars. 
Senator Baker said: You shouldn't do that.
  That was the beginning of the Byrd rule. That was the beginning of a 
rule which said amendments have to be fiscally related and germane.
  We are very pleased that the distinguished Senator from West Virginia 
did that. We are very pleased that rule governs even today. But it 
doesn't govern with reference to a tax reconciliation bill because, as 
a matter of fact, we have done that 15 times since the adoption of this 
bill.
  Let me tell you a little bit about the origins of reconciliation. I 
remember very vividly because we were in the minority. The other side 
was in the majority by quite a healthy margin. The chairman of the 
Budget Committee was Senator Ed Muskie when the first reconciliation 
was used. The other side of the aisle was getting close to election 
time. There was a concern about a deficit. So a reconciliation 
instruction was used--$8 billion for all intents and purposes, 
something we almost round off these days.
  Guess what one of the committees was that was reconciled in that 
instance to raise a few dollars. I know it sounds not right, but it is 
right. The Agriculture Committee was reconciled to change the School 
Lunch Program costs to impose an extra 5 cents on the school lunches 
across America. How do I know that? Because this man right here, the 
chief of staff on the majority side, was then at the Department of 
Agriculture. He was asked to enforce that after it was passed. I 
believe the reason he is with the Senate is because they made him the 
scapegoat over there for passing the measure that was reconciled by the 
Congress to them.
  Mr. GREGG. Mr. President, will the Senator from New Mexico yield for 
a question?
  Mr. DOMENICI. I am pleased to yield for a question.
  Mr. GREGG. In listening to the presentation of the Senator from West 
Virginia, as I understood it, the Senator from West Virginia was 
essentially saying you could use the reconciliation for the purposes of 
raising taxes in order to reduce the deficit but you cannot use it for 
the purposes of cutting taxes that do not involve addressing a deficit.
  Mr. DOMENICI. Yes.
  Mr. GREGG. At the same time, the Senator from West Virginia argued 
reconciliation was an inherently inappropriate concept because it cut 
off debate here in the Senate and therefore it was

[[Page 5654]]

inappropriate in the sense that it limited the ability of this Senate 
to exercise its due privileges on an issue.
  Aren't those two arguments inconsistent: To say that reconciliation 
could be used in one instance, no matter what the instance is, but, on 
the other side, it is inappropriate to use reconciliation at any time 
because of the nature of the Senate and its need to have debates?
  Mr. DOMENICI. Senator, let me say, I think they are. But I believe 
implicit in the Senator's argument is that he does not think so. But 
maybe he should answer that.
  Mr. GREGG. Will the Senator yield for a question?
  Mr. DOMENICI. Maybe the Senator from West Virginia would like to 
answer that. I am not asking now. I was trying to follow the admonition 
not to say ``he'' but ``the Senator from West Virginia.'' I try very 
hard. I slip sometimes.
  Mr. GREGG. Will the Senator yield for another question?
  Mr. DOMENICI. Yes.
  Mr. GREGG. In reviewing the Record of the Senate, I noted that when 
the ruling was made in 1996, the question asked by Senator Daschle to 
the Chair was:

       Is it the opinion of the Chair that this resolution would 
     continue to be a budget resolution if it directed the 
     creation of that third reconciliation bill--the one that 
     solely worsens the deficit--

  And I underline and emphasize those words, ``the one that solely 
worsens the deficit''--
  even under circumstances when the Congress had failed to enact the 
prior two reconciliation bills?
  And the Chair ruled:

       If the Senator's question is, can the budget resolution 
     direct the creation of a reconciliation bill which lowers 
     revenues, the answer is yes.

  Can this language be any clearer, I would ask the chairman of the 
Budget Committee, that the Chair has ruled that reconciliation can be 
used to reduce taxes even if it worsens a deficit and therefore is not 
a deficit issue?
  Mr. DOMENICI. No question about it, I say to the Senator. As a matter 
of fact, you might know that the Senator from New Mexico, in preparing 
the budget resolution, had that in mind. And it was so clear to me that 
I put the reconciliation in the budget bill because it seemed to me we 
already decided that--the Chair had already decided it. And unbeknownst 
to me, even though that is what you read, and that is what it says, and 
that is what I think it says, we had to go around and do what we are 
doing tonight, even with that interpretation because there was a 
parliamentary understanding that was somewhat different from that. So 
that is the case.
  I think you are right. But I think you should understand that we 
asked for that ruling, and we would have been involved in not getting a 
debate on the budget resolution. It would have been freely debatable if 
we had tried that.
  Mr. GREGG. I understand that. I guess my question is, Hasn't the 
Chair, in fact, ruled on this issue? Is it not the precedent of the 
Senate, as defined by this language at least, which is fairly clear?
  Mr. DOMENICI. I do not think there is any question. That is my 
interpretation. I thank you for it. I do not think there is any doubt 
whatsoever.
  Mr. SARBANES. Will the Senator yield for a question?
  The PRESIDING OFFICER (Mr. Hutchinson). Does the Senator from New 
Mexico yield?
  Mr. DOMENICI. I say to the Senator, I am not one who is fearful of 
questions, but I really want you to know I very much would like to 
answer a few more thoughts because I paid very close attention, and I 
don't think the Senator from Maryland, in all deference, was even here 
when I listened to most of this distinguished Senator's remarks. I 
would like to finish my remarks.
  Mr. SARBANES. If the Senator would yield on that point.
  Mr. DOMENICI. I will be happy to.
  Mr. SARBANES. I was here for a good part of it.
  Mr. DOMENICI. Yes, sir.
  Mr. SARBANES. I think the Senator from New Mexico was here for all of 
it.
  Mr. DOMENICI. That is correct.
  Mr. SARBANES. I cannot claim that. And I respect the Senator from New 
Mexico for that. But I was here for a good part of the time. Does that 
qualify me to ask the Senator a question?
  Mr. DOMENICI. It does, I say to the Senator. I am glad to answer a 
question. It qualifies. You do not have to make that statement. You are 
qualified.
  The PRESIDING OFFICER. Does the Senator from New Mexico yield?
  Mr. SARBANES. It seems to me what Senator Byrd is underscoring is 
that the Senate, when they first passed the Budget Act, made a great 
exception to the process of unlimited debate in order to try to bring 
the deficit under control. The guiding rationale for making that 
exception was limited to accomplishing deficit reduction. No one, in 
their wildest dreams, ever imagined we were going to be out here trying 
to deal with reconciliation instructions which would lower the surplus 
or potentially increase the deficit.
  Mr. DOMENICI. I say to the Senator, I believe if you are going to 
make a speech, it ought to be charged to their time.
  The PRESIDING OFFICER. The Senator from New Mexico has the floor.
  Mr. SARBANES. Does the Senator disagree with the initial purpose of 
the Budget Act?
  Mr. DOMENICI. I am very glad to answer. I totally disagree. I do not 
think that was the initial purpose. The Budget Act simply allows us to 
use reconciliation to carry out the fiscal policies outlined in the 
budget.
  Now if Congress wanted to run deficits with policies it enacted, they 
could decide to do so with the laws it passed and that were outlined in 
its budget. In other words, if Congress wants to run surpluses, it 
could do so under the act. Also under the Act, it could also reduce 
them. So that is my interpretation. And I want to finish my remarks.
  Now, Mr. President, I note the presence of Senator Grassley who I 
really want to speak on taxes. But I do want to say, underlying a very 
large quantity of the arguments here tonight is inherently an anti-
give-the-people-back-their-money attitude--to wit, tax cuts.
  The truth is, there are some who just do not want to have tax cuts. I 
understand that. I do understand that very clearly. There are Senators 
who would rather spend the money than give it back. I am not saying 
every Senator--some Senators.
  Frankly, I do not believe those feelings ought to enter this debate. 
But if a Senator wants to have those feelings, then he ought to be 
right on this debate because it does not have anything to do with those 
feelings. It has to do with the Budget Act--a Budget Act that, I 
repeat, changed the rules of the Senate for so long as we apply that 
Budget Act.
  I want to repeat, we have used that act for small and large tax 
increases. How do you think the Senators on the Republican side feel 
who want to do tax cuts? I am standing up here telling them it is 
somebody's interpretation that you can surely increase taxes with 
reconciliation, I say to Senator Grassley, chairman of the committee, 
but you cannot decrease taxes. You cannot reduce taxes. I believe you 
would have to have a strong, absolute determination in this act that 
that was the case, or the Senator from Iowa would claim it was 
discriminatory against whom? The taxpayers, the average person. You can 
surely get them for increases, but you cannot give them a decrease, 
right? At least not under this act, if you are going to interpret it as 
some choose to interpret it tonight.
  So I know this is a historic argument. And I don't know if I 
appreciated its historical significance when we started tonight, but I 
have been reminded of it.
  So if there was any lesser thought on my part, I am right there. It 
is an historic argument, except that it isn't a very new argument. It 
isn't a very new use of reconciliation that is being argued tonight; it 
is a very old use of reconciliation.
  With that, how much time does the Senator desire? I ask Senator 
Grassley.
  Mr. GRASSLEY. I would like to have 25 minutes.

[[Page 5655]]


  Mr. DOMENICI. I yield 25 minutes to Senator Grassley.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. The Federal Government is collecting too much in taxes. 
That is what is at the basis of the tax reduction package we hope to 
get through the Senate in a couple months. The Federal Government will 
accumulate over $3.1 trillion in excess tax collections over the next 
10 years. Federal tax receipts are at one of their highest levels in 
our Nation's history. The bulk of these excess collections comes from 
the individual taxpayer, mostly the individual income-tax payer. 
Individual income tax collections are currently near an all-time high, 
even higher than they were at some levels imposed during World War II.
  So I have a series of charts I would like to have my colleagues 
review with me to illustrate our present situation.
  The first chart shows total Federal tax receipts as a percentage of 
gross domestic product over the last 40 years. Tax receipts have 
fluctuated frequently since 1960, but the most shocking spike in tax 
receipts began in 1993.
  The Congressional Budget Office's January 2001 report to Congress 
shows that in 1992, total tax receipts were around 17.2 percent of GDP. 
By the year 2000, Federal receipts had exploded to an astronomical 2.6 
percent of gross domestic product. The significance of this percentage 
can only be appreciated by its historical comparison.
  In 1944, at the height of World War II, taxes as a percentage of GDP 
were 20.9 percent, only one-half percent higher than they are this very 
day. By 1945, those taxes had dropped to 20.4 percent of GDP, which is 
actually lower than collection levels today.
  It is unbelievable that in a time of unprecedented peace and 
prosperity, the Federal Government should rake in taxes at a wartime 
level. The sorriest part of this whole story is that this huge increase 
in taxes has been borne almost exclusively by the individual American 
taxpayer.
  As this next chart shows, over the past decade, tax collection levels 
for payroll taxes, corporate taxes, and all other taxes have been 
relatively stable. We can see that corporate taxes during the past 10 
years have increased very little, from 1.6 percent of GDP to 2.1 
percent, and estate taxes have remained essentially unchanged. 
Collections of individual income taxes, however, have soared.
  As this chart shows, in 1992, tax collections from individual income 
taxes were 7.7 percent of gross domestic product. That percentage has 
risen steadily each year and, as of the year 2000, was an astounding 
10.2 percent of GDP. Individual income taxes now take up the largest 
share of GDP in history. Even during World War II, collections from 
individuals were 9.4 percent of GDP, nearly a full percentage point 
below the current levels.
  As we can see, the source of the current and future surpluses is from 
the huge runups in a single tax, the individual tax collections. These 
excess collections are attributable to the tax increases forced through 
by President Clinton in 1993. Since 1992, total personal income has 
grown an average of 5.6 percent per year. Federal income tax 
collections, however, have grown an average of 9.1 percent a year, 
outstripping the rate of personal income tax growth by 64 percent.
  The Joint Committee on Taxation, at the request of their parent 
committee, estimated that just repealing the revenue-raising provisions 
of President Clinton's 1993 tax hike would yield tax relief of more 
than $1 trillion over the 10 years. Democrats and Republicans alike can 
agree that individual taxpayers deserve relief from the Federal 
Government's overtaxation.
  President Bush has offered a plan to reduce individual income taxes 
across all tax rates, all brackets, and to reduce the number of 
brackets as well. This benefits taxpayers all across America.
  Now we hear, however, a hue and cry from some on the other side of 
the aisle that not all taxpayers should receive rate reductions. They 
say the President's plan disproportionately benefits upper income-tax 
payers and does not provide enough relief at the lower end of the 
income scale. There is some good news out there for those who believe 
that: None of those allegations are true.
  We need to first understand the current distribution of the tax 
burden in America. We have a highly progressive income tax system. 
According to the Congressional Budget Office, the top 20 percent of 
income earners pay over 75 percent of all individual income taxes. By 
contrast, households in the bottom three-fifths of the income 
distribution pay 7 percent of all individual taxes. The President's 
plan not only preserves this progressive system but--surprise--actually 
makes those top income people pay more of the percentage of income 
coming into the Federal Treasury, if the President's plan is adopted.
  To all those who are trying to engage in class warfare over the 
President's tax proposals, I invite them to pay attention to the next 
two charts. As the first of these two charts demonstrates, the 
President's marginal rate reductions, when combined with his increase 
in the child credit, the additional deduction for the lower earning 
spouse, and his refundable tax credit for individual health insurance, 
provides the greatest reduction in tax burden for lower income-tax 
payers.
  Look at the levels of reduction in tax burden shown on this chart. 
The upper income-tax payers receive an 8.7-percent reduction in their 
burden. Those at the lower end of the income scale, however, receive a 
136.2 percent reduction in their taxes. This is because 4 million 
taxpayers will be taken off the income tax rolls. A four-person family 
earning $35,000 a year will no longer have any income tax burden.
  As this chart also shows, a large reduction of tax burden is targeted 
towards taxpayers making between $30,000 and $75,000 a year. These 
taxpayers will experience relief ranging from 20.8 percent to 38.3 
percent of their current tax burden.
  Now, I also said the President's plan, when passed, actually makes 
our tax system more progressive. Look at the next chart to get the 
proof of that. This is a very important chart for those who will 
demagogue the President's proposal on the basis of income differences.
  As this chart demonstrates, under the President's proposal, the 
overall tax burden goes down for all taxpayers earning below $100,000. 
For taxpayers making $100,000 or more, however, their share of Federal 
tax burden will actually increase under the President's plan.
  For example, the share of the tax burden for taxpayers earning 
between $30,000 and $40,000 a year will drop from 2.5 percent to 1.8 
percent. Similarly, for those earning between $50,000 and $75,000, the 
burden share drops from 12.2 percent to 11.3 percent.
  This is not the case, however, for taxpayers earning $200,000 or 
more. Their share of the overall burden will actually increase, and 
increase by a full 3 percent.
  As we can see, then, the President's plan not only retains the 
progressivity of our tax system, that progressivity is actually 
enhanced. The President's plan gives tax relief to all taxpayers, and 
it does so in a fair manner, one that requires more from those who are 
able to pay and provides the greatest relief for those most in need.
  There are several Members of the Senate who belong to a group called 
the Centrist Coalition. There is nothing wrong with that group; they 
are good people. They are out there to try to find compromise and to 
promote bipartisanship. In a time of a 50-50 Senate, you cannot knock 
that, and I do not. However, they have a plan on which I will comment.
  The Centrist Coalition is concerned that $1.6 trillion is not the 
right amount of tax reduction and argue that the right number is 
somewhere between the Democrat's number of $900 billion and the 
President's number, $1.6 trillion. I thank Senator Breaux, the head of 
the Centrist Coalition, for his efforts to find, as he says, a middle 
ground.

[[Page 5656]]

  Senator Breaux has a long history as one who tries to secure 
bipartisan consensus. He was one of the few Democrats to cross over and 
support the Senate tax relief plan in 1999. He is widely known for his 
efforts to find bipartisan consensus on Medicare. I will be relying on 
Senator Breaux, along with Senator Baucus, when we take up Medicare 
legislation later this year. Earlier this year, I accepted the 
centrists' invitation to join their meetings. I attended a meeting in a 
recent week on tax options and found it to be a very useful discussion.
  Senator Breaux suggests that the middle ground is splitting the 
difference between the President's number of $1.6 trillion and the 
Democratic alternative of $900 billion. If those were the only two 
numbers to consider, I would probably agree that his number of $1.25 
trillion is pretty close to middle ground. But the reality is that the 
numbers range, as Senator Conrad has said, all the way up to $2.2 
trillion down to $900 billion. Some of my colleagues on this side 
really like that $2.2 trillion number better, and I have to put water 
to dampen their desires, because we have to be realistic in this game.
  In comparing the numbers, I, like Senator Breaux, am not comfortable 
with either the Democrat number of $900 billion or the $2.2 trillion 
being thrown around by some on my side of the aisle. Unlike Senator 
Breaux, however, I am comfortable with the $1.6 trillion number, and 
this is why. I am going to run through a hypothetical calculation of a 
tax cut agenda and look at each number to see if it accommodates the 
agenda of its proponents.
  I want to look at Senator Conrad's number of $900 billion. Now 
Senators Daschle, Conrad, and the Democratic leadership have been 
talking a lot about their stimulus and rate cut package.
  Under Joint Tax scoring, that proposal loses around $506 billion over 
10 years. That leaves $394 billion out of their $900 billion for other 
tax cuts that Senator Conrad and other Democrats say they support.
  The Democrat alternative on marriage tax relief, which was offered in 
the Finance Committee last year, contained a revenue loss of $197 
billion over 10 years, without a sunset.
  The Democratic alternative on death tax relief contained a revenue 
loss of $64 billion over 10 years.
  So using Democratic proposals and last year's revenue loss estimates, 
the Democrats have less than $133 billion in surplus left.
  You have to keep in mind that these are only the Democrat proposals 
we are talking about. We have to consider that there are bipartisan tax 
cuts that passed either or both Houses of Congress during the past 
year.
  There is the retirement security bill that Senator Baucus and I will 
soon be introducing. A similar bill passed the House almost 
unanimously. That bill will run about $52 billion.
  There is a bill to repeal the Spanish-American War phone tax that 
passed the House last year by an overwhelming bipartisan margin, and 
that will run about $50 billion.
  Then there is the small business and agricultural tax cuts that 
everyone supports. That package totals over $17 billion.
  The education tax relief that unanimously passed the Finance 
Committee last month runs about $20 billion.
  Now, you have to add up all these bipartisan tax cuts and, when you 
do, we have now exceeded the $133 billion that was left in the Democrat 
budget. It is all gone. And we haven't even factored in their greatest 
objection to the President's proposal, and that is the problem with the 
alternative minimum tax.
  We have heard a lot of pointed criticism of the President's tax plan 
from Senators on the other side of the aisle on the issue of the 
alternative minimum tax. Senator Conrad has said that it takes $200 
billion to $300 billion to fix the AMT problem under the Bush plan. 
Senator Conrad is correct that the President's plan could make the 
problem worse. As I have said, I intend to address that problem.
  The Senate Democratic stimulus and rate reduction package does 
nothing about the AMT problem that they have addressed and found fault 
with in the President's program. In fact, their legislation will make 
this problem worse. According to the Joint Tax Committee, the 
Democrats' package will subject an additional 7 million taxpayers to 
the AMT.
  So if Senator Conrad and other Senators on the other side of the 
aisle want to practice what they preach, they will have to raise their 
budget's tax cut numbers to deal with the alternative minimum tax. As 
they have said, that is another $200 billion to $300 billion.
  But at this point, after including their priorities and the 
bipartisan tax cuts, they don't have any surplus left to redress the 
AMT problem. So, as you can see, the Democratic budget number of $900 
billion does not even accommodate their own tax priorities.
  Mr. CONRAD. Will the Senator yield?
  Mr. GRASSLEY. I believe many on the other side, like Senator Breaux, 
know this.
  I would like to finish, and then I'll respond; but I only have 25 
minutes allotted.
  Mr. CONRAD. Will the Senator yield on my time?
  Mr. GRASSLEY. Yes, I will yield on his time.
  Mr. CONRAD. Mr. President, I have great respect for the chairman. He 
and I have worked on many matters together. I want to take this moment 
to advise the Senator that we have $125 billion of our $750 billion tax 
cut unallocated. We have specifically not allocated it all so that some 
of it could be used to address the alternative minimum tax problem. So 
we have not done what we have criticized the other side for doing.
  Mr. GRASSLEY. Mr. President, I thank the Senator for what he thinks 
is a clarification. But he, I think, makes my point. They have reserved 
some money, but when you add all of their proposals, and when you take 
into consideration the AMT, and when you also take into consideration 
their votes on bipartisan tax proposals, there is no way that you are 
going to squeeze that into their numbers.
  Let me tell you, we have had problems on this side of the aisle. Even 
if we go at $1.6 trillion, there is going to be a difficulty squeezing 
everything in. But we have a problem of having the greatest amount of 
flexibility that we can.
  Now, as has been said, the Democratic budget number of $900 billion 
does not even accommodate their own tax priorities. I believe Senator 
Breaux knows that.
  I think those who have proposed numbers in the range of $2 trillion 
to $2.4 trillion are also pushing the wrong number.
  That tax cut number doesn't balance our priorities in paying down 
debt and targeted spending increases.
  Senator Breaux's number is better than the Democratic number because 
it allows more tax cuts to be addressed. However, it does not have 
enough room. Unlike the Democratic number, Senator Breaux's number 
might be enough to cover Democratic priorities, plus a little bit more; 
but it would ignore the President's priorities.
  So I believe the number that the President has proposed is 
appropriate but not just because he proposed it. It is appropriate 
because it will allow us to accommodate the bipartisan tax cut 
priorities before us.
  Senator Baucus and I will need the full $1.6 trillion to make the tax 
cuts for all of you, through these votes and through these proposals, 
have indicated that you are interested in, and to make it work.
  The Democrat side has said they want bipartisan legislation. So in 
order to do that, the Finance Committee will need $1.6 trillion in tax 
cut relief authority from the Senate through the budget resolution.
  I also think that many in this body are looking at the number too 
much in terms of a win or loss for President Bush. This is true of 
Republicans, who tend to look at the $1.6 trillion number, or anything 
higher, as a win for the President. Democrats are looking at anything 
less than that number as somewhat of a loss for the President.
  Democratic leaders, budgetwise and their elected leadership, have 
been explicit in this objective. They have

[[Page 5657]]

worked very hard to try to defeat the President's tax cut. All the 
amendments we have been voting on take money from the tax cut, which 
indicates that is their strategy.
  We ought to look at the numbers in terms of the tax cut agenda, 
including the President's proposal, the bipartisan and the bicameral 
proposals and, of course, the Senate's own proposals.
  Senator Breaux's amendment, while well intentioned, does not provide 
the Finance Committee with the tools necessary to do the job of 
delivering bipartisan tax relief to the American people.
  I want to bring this down State by State. All politics is local, we 
are told. The Treasury Department has released data showing the number 
of individual tax returns on a State-by-State basis that will benefit 
from the President's tax relief plan. These returns are a mix of 
married couples filing jointly, single return filers, and heads of 
household.
  The data is significant for all Senators. For example, in my home 
State of Iowa, over 1 million individual returns would benefit under 
the President's plan. If even half of those returns are married filing 
jointly, that means over 1.5 million people in my State will receive a 
tax benefit from the President's plan.
  The numbers are even greater for larger States. For example, the 
number of individual returns that would receive a tax benefit under the 
President's plan in: Arkansas, 787,000; California, 11 million; 
Florida, 5.5 million; Georgia, 2.7 million; Illinois, 4.5 million; 
Louisiana, 1.3 million; Missouri, 1.9 million; Nebraska, 631,000; New 
Jersey, 3.2 million; New York State, 6.5 million; North Carolina, 2.7 
million.
  Keep in mind that these numbers I just listed are the number of 
individual tax returns. If a substantial portion in each of these 
States were married filing jointly, the number of taxpayers benefiting 
under the President's plan could nearly double.
  The number of individual taxpayers benefiting under the President's 
proposal is simply too big to ignore; unless, of course, we focus on 
the smaller States that do not file as many individual tax returns. For 
example, North Dakota has only 230,000 individual returns filed. South 
Dakota has only 236,000 returns; Maine, 465,000; Rhode Island, 385,000; 
Vermont, 232,000.
  Perhaps the tax benefits offered by the President's plan are not 
relevant to these smaller States. Those taxpayers do not really count, 
but they certainly count in my State, and I suspect they count in many 
of the other States as well.
  An interesting study was recently released by the Tax Foundation, a 
nonpartisan tax-exempt organization.
  I yield myself 5 more minutes.
  The PRESIDING OFFICER (Mr. Bennett). The Senator has yielded 5 more 
minutes and is recognized.
  Mr. GRASSLEY. I am not going to go through this chart, but one can 
see we list the benefits of the households in the States, so one can 
see there is tremendous benefit and savings to the people living in 
these States.
  Just think what these families can do with those dollars if we let 
them keep their hard-earned money instead of taking it away to squander 
in Washington. For example, I know the cost-of-living in California is 
high, but $15,800 in the pockets of the average household in that State 
would buy quite a bit. If they decide to pay down early on their 30-
year mortgage, the interest saved would save them a tremendous number 
of house payments. It can buy kids clothes, family vacations. Let the 
family decide how to spend it.
  The tax savings offered to the residents of each State is laid out in 
these charts, and I hope our constituents in each of these States hold 
us accountable to provide tax savings.
  It is time to wrap up the debate on whether the Finance Committee 
will have an opportunity to cut taxes up to $1.6 trillion over 10 
years. I underscore the word ``opportunity'' because that is what this 
debate is all about: the opportunity for a tax cut.
  This vote is not about what the tax cut contains. That debate and 
vote will come later. That debate and vote comes when the Finance 
Committee marks up tax cut legislation. This vote is about whether we 
will consider the tax cut under reconciliation.
  Reconciliation plain and simple, as we sit here today, is the only 
way we are going to get a tax cut for the American people in a timely 
manner.
  There have been strong statements made by some on the other side 
about tax cuts and reconciliation. From the tone of the statements, one 
would think that a reconciled tax cut is a new event. We have gone 
through the history of it, and I do not want to repeat that history. It 
has been discussed between the Senator from New Hampshire and the 
Senator from New Mexico to a great extent, but I think it boils down to 
the question of cooperation and shared responsibility. A 50/50 Senate 
means shared power and, just as important, shared responsibility.
  The Senate today is operating under a historic powersharing 
arrangement reached on January 5, 2001. Republicans following our 
leader yielded a significant concession to the Democrats. What did we 
get in exchange? What we got was, as Senator Lott put it, a good-faith 
promise on the part of Democrats to cooperate.
  In the Senate Finance Committee, I have had this sort of cooperation 
from Senator Baucus, and we will continue to do it. However, the 
opponents of Senator Domenici's amendment depart from the spirit of 
that historic agreement.
  In 1993, with a new President and majorities in both Houses, 
Democrats used reconciliation to raise taxes. Democrats in 1993 used 
reconciliation within their right to further their President's program, 
a partisan-designed major tax increase.
  Eight years later, we are faced with a similar situation, though I am 
hopeful more than one Member of the other side will support us. 
Republicans, by a razor-thin edge, have control of Congress and the 
Presidency. The core of President Bush's program, much as President 
Clinton's program 8 years ago, involves taxes. The difference is that 
President Bush wants to return a portion of the record level of income 
taxes to folks who pay them. Republicans did not object to use of 
reconciliation in 1993; Democrats should not object to Republicans' use 
of reconciliation today.
  For those of us on this side of the aisle, this is a very compelling 
point, especially in the context of our concession in powersharing. I 
want to quote Senator Byrd from West Virginia on this point. He made 
this point on January 5, 2001, when this agreement was reached.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. GRASSLEY. May I do this one quote and then I will quit.
  Mr. DOMENICI. I yield whatever the Senator needs.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. GRASSLEY. Senator Byrd said:

       I know it has been difficult for Members, particularly on 
     the Republican side to come to an agreement such as has been 
     reached here, but they have been willing to give up their 
     partisanship for the moment in the interests of the Nation.
       Also, it is exceedingly important--I have already mentioned 
     it here--to George Bush. . . . It is vitally important to 
     him, if he is to expect to see his programs considered and 
     adopted. And hopefully, from his standpoint, certainly, and 
     from the standpoint of many others, if he is to see those 
     programs succeed, he--

  Meaning President Bush--

       is going to have to have help. He can't depend on all of it 
     coming just from his side--

  Meaning the Republican side of the aisle.

       He is going to have some help over here. . . .

  Meaning the Democrats side of the aisle.
  As always, Senator Byrd said it very well. At this point in history, 
the President's agenda, including the cornerstone of his proposed tax 
relief for working men and women, is tied in with his power-sharing 
agreement. With this power-sharing agreement that govern the operation 
of this Senate, this year, certainly from the perspective of those on 
this side of the Aisle, there is a connection.
  Therefore, it strikes us as particularly unfortunate that in the 
context of power sharing a new obstacle is raised to the use of the 
reconciliation

[[Page 5658]]

process. It is particularly disappointing to this side of the aisle 
that this argument on reconciliation is forthcoming now. We believe the 
Domenici amendment should not be necessary. Reconciliation affords the 
President an opportunity to consider his program. It is an appropriate 
opportunity in the context of the history of the budget Act. It is also 
appropriate, and maybe more so, in the context of the power-sharing 
agreement governing the operation of the Senate, in this Congress, 
because the Senate is 50/50.
  A vote for the Domenici amendment is not a vote for a tax cut; it is 
a vote to give the Senate the opportunity we ought to have to consider 
such tax relief for working men and women.
  The PRESIDING OFFICER. The Senate from the North Dakota.
  Mr. CONRAD. Mr. President, I remind the Senator form Iowa it was 
entirely appropriate to use reconciliation in 1993 because that was a 
deficit reduction piece of legislation. That is the difference. This is 
not deficit reduction.
  Mr. LEVIN. Mr. President, I cannot support including reconciliation 
instructions in this resolution. This is a very important issue for the 
Senate as an institution and a very important issue for the future 
economic well-being of the nation. The Senate is a great legislative 
body, a deliberative body unique in the world. The central feature of 
the unique role the Senate plays is the fullness of debate and the 
openness of the amendment process.
  The reconciliation process is a feature of the Budget Act which was 
adopted in 1974. When it was adopted, it was contemplated that the 
reconciliation process would be used as a tool of fiscal restraint. 
That is, that reconciliation would be used to reduce deficits.
  The Chairman of the Budget Committee, Senator Domenici, himself, said 
in 1985:

       Frankly, as the chairman of the Budget Committee I am aware 
     of how beneficial reconciliation can be to deficit reduction. 
     But I'm also totally aware of what can happen when we choose 
     to use this kind of process to basically get around the rules 
     of the Senate as to limiting debate. Clearly, unlimited 
     debate is the prerogative of the Senate that is greatly 
     modified under this process. I have grown to understand this 
     institution. While it has a lot of shortcomings, it has some 
     qualities that are rather exceptional. One of those is the 
     fact that it is an extremely free institution, that we are 
     free to offer amendments, that we are free to take as much 
     time as this Senate will let us, to debate and have those 
     issues thoroughly understood both here and across the 
     country.

  And, in 1989, Senator Domenici said:

       There are a few things about the U.S. Senate that people 
     understand to be very, very significant. One is that you have 
     the right, the rather broad right, the most significant right 
     among all parliamentary bodies in the world, to amend freely 
     on the floor. The other is the right to debate and to 
     filibuster. When the Budget Act was drafted, the 
     reconciliation procedure was crafted very carefully. It was 
     intended to be used rather carefully because, in essence, Mr. 
     President, it vitiated those two significant characteristics 
     of this place that many have grown to respect and admire. 
     Some think it is a marvelous institution of democracy. And if 
     you lose those two qualities you just about turn this U.S. 
     Senate into the U.S. House of Representatives or other 
     parliamentary body.

  In 1981, former Majority Leader Howard Baker stated,

       Reconciliation was never meant to be a vehicle for an 
     omnibus authorization bill. To permit it to be treated as 
     such is to break faith with the Senate's historical 
     uniqueness as a forum for the exercise of minority and 
     individual rights.

  The amendment before us today would add reconciliation instructions 
to this budget resolution for a totally different purpose. The purpose 
is to shield the massive tax cut proposed by President Bush from full 
debate and the amending process in the Senate. This is the opposite of 
fiscal restraint. This is the opposite of deficit reduction. The 
reconciliation process would restrict debate to only twenty hours and 
potentially less time and would constrain amendments. It reduces the 
likelihood of compromise. It reduces the likelihood of the enactment of 
a tax cut with broad bipartisan support because it weakens minority 
rights and tempts the majority to force their version on the minority.
  This would be a misuse of the reconciliation process and a disservice 
to the American people. The tax bill will impact the federal budget and 
the nation's economy for many years to come. It will cost more than 
$1.6 trillion over the next decade, probably much more. The American 
people, the people who send us here as their representatives have the 
right to have this tax cut considered and evaluated, debated and 
amended under the normal procedures which have made the Senate a great 
deliberative body.
  In 1981, the reconciliation process was used to enact spending 
reductions which President Reagan sought. That was appropriate. 
However, the major tax cut which was the centerpiece of his program was 
considered that same year as a free-standing tax bill in the Senate. 
That is, it was considered under the normal Senate rules. The tax bill 
was fully debated for about twelve days and more than a hundred 
amendments were considered. There were fifty roll call votes. That was 
a process in the tradition of the Senate and did it credit. I was one 
of eleven Senators that voted against that bill. But the process that 
was used to adopt that tax bill was the appropriate and normal process. 
This is what makes the Senate the world's preeminent deliberative body.
  Today, we are being asked to turn our backs on Senate history by 
adding language to this budget resolution which will make it more 
difficult for the Senate to fully debate, amend and work its will on 
tax legislation which we will consider in the weeks ahead. I support a 
tax cut, but not President Bush's version which I think is too large, 
relies on highly problematical projections. But, I cannot support this 
effort the circumvent the Senate's rules in order to pass without full 
debate and amendment any tax cut bill. Doing so is the opposite of the 
intent of reconciliation.
  Mr. CONRAD. I yield 5 minutes to the Senator from Montana.
  Mr. BAUCUS. Mr. President, I think it is useful to sit back and 
reflect, get a little perspective on this issue.
  I remind Members we have a Constitution. Under the Constitution there 
is an article I, an article II, and an article III. Article I is the 
legislative article; article II, the executive article; and article 
III, the judicial.
  Why is that important? It is important because we are separate 
branches of government: The legislative branch, the executive. Why is 
article I the legislative branch? Our Founding Fathers said because it 
is where laws are written, it is the most important. We are coequal 
branches, but article I is legislative, essentially because this is 
where the laws are made.
  We all run for office. We are elected or unelected by our people, the 
citizens of our States, the people for whom we work. It is a wonderful 
form of government. It works. We are not a parliamentary form of 
government. We are not a parliamentary form of government because we 
have a separate legislative branch. In the parliamentary form of 
government, the majority party that is elected in the elections is the 
Government.
  Under the Constitution, we are treated differently. We are separate. 
Of course, we have political parties. That complicates matters. I have 
the utmost respect for the President of the United States, whether he 
or she be Republican or Democrat. It is important to state, however, 
that we are Senators, with all that means, proudly doing what we think 
is right, representing the people of our States, which is no small 
matter. It is a tremendous burden, a tremendous responsibility, and a 
tremendous privilege. That is why we sought this office, that is why we 
like this job so much, and that is why most Members want to continue 
and seek reelection.
  The question tonight is very narrow. It is whether or not the tax 
legislation that will be contemplated this year should be within the 
narrow confines of reconciliation. It is conceded, it is agreed, that 
reconciliation and all its very narrow constraints is very proper in 
order to reduce deficits, to raise taxes, or cut spending. No one 
disputes that. Under reconciliation, the Senate is not the Senate; the 
Senate is a different institution with very narrow

[[Page 5659]]

constraints on amendments, germaneness, and debate.
  Rather, the issue before the Senate is whether those extremely tight 
constraints should also apply to cutting taxes and increasing outlays. 
That is the question.
  It has been argued on the other side, yes, it should. It has been 
argued that reconciliation is policy neutral. If we do believe that, 
then we believe that anything can be in reconciliation that in any way 
affects outlays or revenues--anything: The highway bill, the former 
health care bill that has been mentioned. That is what that argument 
means.
  I ask my good friend from Iowa, the chairman of the Finance 
Committee, who enjoys the prerogatives of the chairman of the Finance 
Committee--I plead with him--to have a process where the Finance 
Committee has more opportunity to write more legislation in the 
committee and also on the floor.
  The central point is, we have an opportunity tonight to do what is 
right. There have been a lot of red herrings. For example, the point 
has been made that Senator Byrd should have made the argument 27 years 
ago. That is irrelevant. We are the Senate. We can vote on what we want 
to vote on. Tomorrow we can vote again on a different matter. It is up 
to us to decide what is right.
  What is right is to use reconciliation where it should be used, in 
reducing deficits. It should not be used to craft anything else under 
the sun. Because the latter approach disenfranchises, literally, a 
majority of Americans. The right to offer amendments on the floor of 
the Senate and the right of unlimited debate are essential. Under 
reconciliation, we have constraints on unlimited debate--which 
disenfranchises voters.
  It is wrong for this amendment to pass. It is undermining why we came 
here. I urge Senators to vote against the pending amendment.
  Mr. CONRAD. I yield 3 minutes to the Senator from Florida.
  Mr. GRAHAM. Mr. President, the issue is not whether we are going to 
have a tax cut or what the specific details of the tax cut will be. The 
question is, Are we going to take this historic opportunity with over 
$5.5 trillion of surplus available in the next 10 years and make 
decisions on how to allocate that surplus in the most rational manner?
  One of the issues, I am afraid, that will be trampled upon if we do 
not defeat this amendment, and deny us the opportunity for full debate, 
is the question of how we will finance a prescription drug benefit 
through Medicare. Virtually every Member of the Senate, on both sides 
of the aisle, has voted in favor of a prescription drug benefit. 
Virtually every Member has also voted that that benefit should be in 
the range of $300 billion to $311 billion over the next 10 years. Where 
we disagree is how we should pay for it.
  This side of the aisle has voted to pay for it in the traditional 
manner, general revenue and premiums paid by the beneficiaries. The 
other side of the aisle has voted to pay for it by taking the excess 
funds that are in the hospital trust fund.
  For 35 years, there has been a contract between the people of the 
United States and their Federal Government. That contract has said: You 
pay me every month 1.5 percent of your salary, and when you reach 
retirement age, we will provide you a range of benefits that includes 
hospital, skilled nursing home, and home health care.
  The PRESIDING OFFICER. The Senator has 1 minute remaining.
  Mr. GRAHAM. That contract is now about to be broken. We should have a 
full debate in the Senate before we engage in that unilateral abolition 
of a 35-year commitment by the American people. Before I yield the 
remainder of my time to the Senator from Michigan, I ask unanimous 
consent that a letter from the American Hospital Association dated 
today be printed in the Record, which states:

       We believe the Part A Trust Fund should be used for the 
     purpose for which it was intended.

  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                American Hospital Association,

                                    Washington, DC, April 5, 2001.
     Hon. Bob Graham,
     U.S. Senate,
     Washington, DC.
       Dear Senator Graham: On behalf of the American Hospital 
     association (AHA), I would like to express our strong support 
     of your amendment to H. Con. Res. 83, the fiscal year (FY) 
     2002 budget resolution requiring a ``super majority'' of 60 
     votes in the Senate in order to spend Hospital Insurance (HI) 
     Trust Fund dollars for non-Part A services.
       The AHA represents nearly 5,000 hospitals, health systems, 
     networks and other health care provider members.
       The Medicare program is expected to experience very rapid 
     growth over the next decade as our nation's 78 million ``baby 
     boomers'' begin to retire. The Part A Trust Fund, which is 
     supported by a payroll tax, is projected to see its 
     obligations exceed its income by 2015, and its assets could 
     be exhausted by 2029.
       We believe that the Part A Trust Fund should be used for 
     the purpose for which it was intended: to provide 
     beneficiaries with the highest quality hospital acute care 
     services. Congress must be careful not to dilute the trust 
     fund or divert dollars currently in the trust fund for other 
     purposes. It is imperative that Congress avoids legislation 
     that accelerates the insolvency of the Medicare Part A Trust 
     Fund. We need to ensure that Medicare Part A services are 
     there when our seniors need them.
       Since its inception, the Medicare program has ensured 
     seniors access to high quality affordable health care. It is 
     incumbent upon all of us to ensure that the program is 
     preserved, protected and strengthened for future generations.
           Sicnerely,
                                                     Rick Pollack,
                                         Executive Vice President.

  Mr. GRAHAM. I yield the remainder of my time to my distinguished 
colleague from Michigan.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from North Dakota.
  Mr. CONRAD. I yield 2 minutes to the Senator from North Dakota.
  Mr. DORGAN. Mr. President, this is a debate about a reconciliation 
process by which a tax cut will occur. I think most Members of this 
Congress would, in quiet moments, agree we are unlikely to have 10 
years of relentless surpluses. This is truly a triumph of hope over 
experience, but that is the way politics is sometimes.
  I want to introduce into the Record a memorandum by Alan Blinder, 
Gene Sperling, and Jason Furman, three very distinguished economists 
who have reviewed the assessment of the 51 leading private sector 
forecasts with respect to recent economic trends on the surplus.
  I am going to ask consent to have it printed in the Record in its 
entirety, but essentially they say:

       . . . altering only the 2001 growth forecast [with the last 
     three months of information] leaving all other projections 
     unchanged, would result in a roughly $215 billion reduction 
     in the unified surplus. . . .

  They go on to say the effect of the stock market difficulties could 
well lower the unified surplus by $1 trillion or more.

       Standard & Poor's DRI, for example, project stock market 
     factors could reduce the unified surplus by more than $1 
     trillion over the next decade.

  My point is very simply if we proceed with the size of a tax cut 
proposed by the Republican Party and by the President and do not 
experience these surpluses, which is very likely--very likely we will 
not experience these surpluses--we will head back into big deficits. 
The discussion is as if these surpluses already exist. They do not. 
They are not in a silk purse; they are not in a mattress; they are not 
in a bank account. They do not exist. They are projections and they are 
projections which we may not see. Let's be cautious and conservative. 
Let's have a tax cut, yes; pay down the debt, yes; meet our 
priorities--improving schools and other things--but do it in a prudent 
and thoughtful way.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. DORGAN. I ask unanimous consent the memorandum be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 5660]]



                     Memorandum for Senator Dorgan

  From: Alan Blinder, Princeton University, Gene Sperling, Brookings 
             Institution, Jason Furman, Harvard University

 Subject: Analysis of the impact of recent economic conditions on the 
                   10-year projection of the surplus

     Summary
       Many observers have questioned whether or not the most 
     recent surplus projections would be altered by the recent 
     slowdown in economic activity and fall in the stock market. 
     Although many of the fundamentals of the economy remain 
     strong--with unemployment near 30 year lows, productivity 
     growth still high, and many indications that consumer demand 
     is holding up--other weaker indicators have led many 
     forecasters to lower their growth projections for 2001. In 
     assessing the impact of recent economic trends on the 
     surplus, we have chosen not to offer our own economic 
     projections, but simply to examine how changes in the 51 
     leading private-sector forecasters who make up the Blue Chip 
     consensus would impact surplus projections.
       The analysis is informative for at least a couple of key 
     reasons. First, this analysis highlights the degree of 
     uncertainty surrounding the projection of the surplus. 
     Indeed, it shows that altering only the 2001 growth forecast, 
     leaving all the other projections unchanged, would result in 
     a roughly $215 billion reduction in the unified surplus 
     relative to the CBO baseline projection. It should be noted 
     that this change is result of taking into account only three 
     months of new information, representing just 2\1/2\ percent 
     of the 10-year period. Second, the recent fall in the stock 
     market further highlights the uncertainty of budget 
     projections that are based not only on economic growth 
     projections but on projections of revenues from taxation of 
     capital gains, stock options, and taxable withdrawals from 
     retirement accounts--all of which are highly dependent on the 
     level of stock market. Indeed, if individual income tax 
     receipts as a share of GDP fall back slightly from the very 
     high levels achieved in 2000, the unified surplus could be 
     lowered by $1 trillion or more. Standard & Poor DRI, for 
     example, project that stock market factors could reduce the 
     unified surplus by more than $1 trillion over the next 
     decade.
       While we remain optimistic about the future of the American 
     economy, such significant swings in just three months show 
     why even optimists should exercise prudence when making ten-
     year policy commitments based on ten-year projections. Over 
     the next ten years, there are likely to be many other periods 
     in which economic activity departs substantially from the 
     current projections, resulting in substantial deviations of 
     the actual surplus from the projections that are being made 
     today. CBO estimates that, based on their track record, the 
     unified surplus in 2002 could be anywhere from $69 billion to 
     $556 billion. The uncertainty grows so that in 2006, with no 
     tax cuts or spending increases in the interim, the budget 
     balance could be anywhere from a $92 billion deficit to a 
     $1.1 trillion surplus. After setting aside the Social 
     Security and Medicare surpluses, the probability of running 
     into deficits increases substantially: the Center for Budget 
     and Policy Priorities (CBPP), relying on CBO analysis, has 
     estimated that there is a ``20 percent chance that, under 
     current law, the budget excluding Social Security and 
     Medicare will be in deficit in each year from 2002 through 
     2006.''
       These reductions in the projected surplus and uncertainty 
     come on top of the predictable factors that will reduce the 
     surplus over the next decade, including the likelihood that 
     real discretionary spending will grow with population, 
     several popular tax credits will be extended, and the 
     Alternative Minimum Tax (AMT) will be reformed so that it 
     does not affect a growing share of middle-class families. 
     These factors will likely reduce the available surplus by an 
     additional $800 billion.
     Revisions to GDP Growth and Their Impact on the Surplus
       The Congressional Budget Office (CBO) finalized the 
     economic forecast underlying their latest budget projections 
     in December 2000. Both CBO and the Administration project 2.4 
     percent GDP growth in 2001.
       When CBO made its economic forecast, 2.4 percent GDP growth 
     was consistent with the Blue Chip consensus of leading 
     forecasters. Since December, however, the Blue Chip consensus 
     has been revised down and now stands at 1.9 percent growth 
     for 2001. The Blue Chip forecasters have also revised down 
     their predictions for growth in 2002 to 3.4 percent, the same 
     rate predicted by CBO, and left their growth predictions 
     essentially unchanged thereafter.
       Estimating the budget impact of the latest Blue Chip short-
     run macroeconomic forecast provides an example of how just 
     three months of data might lead to revisions in the projected 
     surplus. It is important to note that although the Blue Chip 
     forecast is slightly more pessimistic than CBO, it is still 
     relatively optimistic compared to the recessionary 
     projections of many commentators. Nevertheless, even this 
     relatively small change in the outlook would result in a 
     substantial reduction in the projected surplus over the next 
     decade.
       To estimate the likely magnitude of this reduction we have 
     relied on Table 1-6 ``Sensitivity of the Budget to Economic 
     Assumptions'' from the Analytical Perspectives volume of the 
     Administration's FY 2001 budget. We updated these estimates 
     to reflect a GDP slowdown in 2001 and projected them forward 
     to cover the period 2002-11 (the Analytical Perspectives 
     table only covers 2000-05). Based on this, every one 
     percentage point reduction of GDP growth in 2001--with 
     unchanged growth projections in 2002-11--will reduce the 
     unified surplus by about $430 billion over 10 years:

                                  IMPACT OF A 1 PERCENTAGE POINT REDUCTION IN GDP GROWTH IN 2001 ON THE UNIFIED SURPLUS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         2001     2002     2003     2004     2005     2006     2007     2008     2009     2010     2011      2002-2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
Receipts.............................        9       19       23       24       25       26       27       28       30       31       33             265
Outlays..............................        2        6        6        6        6        6        7        7        7        8        8              67
Interest.............................        0        1        2        4        6        8       10       13       16       18       22             100
      Total..........................       11       27       31       34       37       40       44       48       52       57       62             432
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Authors' calculations based on Table 1-6 of FY 2001 Analytical Perspectives

       Based on the latest Blue Chip projections, the slowdown 
     would reduce GDP growth by 0.5 percentage point relative to 
     the current CBO forecast--reducing the unified surplus by 
     about $215 billion over 10 years.
       The actual revision to the surplus forecast based on the 
     latest outlook for aggregate economic activity could be more 
     or less than this $215 billion prediction which is based on 
     the assumption that the level of real GDP remains 0.5 percent 
     lower from 2002-11. On the one hand, the reduction to the 
     surplus would be even larger if the future growth rate of 
     real GDP were slower. CBO estimates that if the GDP growth 
     rate were 0.1 percentage point lower per year, the unified 
     surplus would be reduced by an additional $244 billion. On 
     the other hand, the reduction to the surplus would be less 
     than $215 billion if the current slowdown is followed by a 
     period of stronger growth that returns the economy to 
     potential GDP. In its recent Economic and Budget Outlook CBO 
     presents a ``recession scenario'' in which a sharp slowdown 
     in 2001 is followed by substantially stronger growth, leading 
     to only a $133 billion reduction in the unified surplus from 
     2002-11. CBO's scenario, however, would be less likely if the 
     economy in 2000 was well above potential, if the recent 
     slowdown causes economists to revise down their estimate of 
     the level of potential GDP, or if the adjustment back to 
     potential is very slow.
     Uncertainty from the short-term economic outlook
       The key point from examining the impact of recent economic 
     changes on the long-run surplus projections is the large 
     amount of uncertainty, which has only been increased by the 
     uncertainty over the short-run outlook. The bottom 10 Blue 
     Chip forecasters project growth of 1.3 percent in 2001--
     compared to the 2.6 percent GDP growth projection of the top 
     10 Blue Chip forecasters. Taking the range of Blue Chip 
     projections for GDP growth in 2001 and 2002 would lead to a 
     range in projections of the unified surplus of roughly $370 
     billion more than CBO's current forecast to roughly $730 
     billion less than CBO's current forecast.
     Additional sources of downward revisions in the surplus: The 
         impact of the stock market on Revenues
       The level of economic activity is not the only factor that 
     affects the surplus. A major factor in the recent rise in the 
     surplus is the increase in individual income tax receipts 
     from 8.1 percent of GDP in 1995 to 10.2 percent of GDP in 
     2000. Although legislation in 1997 reduced taxes, several 
     factors contributed to tax receipts growing more quickly than 
     the economy. CBO estimates that half of the recent increase 
     has been due to rising capital gains realizations and higher 
     income for high-income taxpayers. The strong stock market has 
     clearly played an important role in these strong tax 
     receipts.
       Going forward, CBO projects that individual income tax 
     receipts will stay above 10.2 percent of GDP for the next 
     decade. Part of this is driven by the projection of continued 
     strong capital gains. Although CBO builds in some declines in 
     capital gains from the extraordinarily high levels in the 
     last few years, it still projects capital gains realizations 
     of around 4\1/2\ percent of GDP going forward, which is 
     substantially higher than

[[Page 5661]]

     the 2.4 percent of GDP that prevailed from 1990-96.
       In addition to capital gains, the level of the stock market 
     has a substantial impact on individual income tax receipts as 
     a share of GDP through its impact on the flow of nonqualified 
     stock options (which are taxed as ordinary income) and 
     withdrawals from taxable savings accounts. Standard & Poors 
     DRI estimates that 15 percent of Federal revenue ``is coming 
     from the stock market.''
       With the broad Wilshire 5000 stock index down 14 percent 
     since December 31st, this factor is likely to reduce the 
     surplus even more than the conservative projection based on 
     the GDP slowdown alone. It is difficult to estimate the 
     impact of the past changes in the stock market, let alone to 
     predict future changes in the stock market. But even small 
     changes could have a big impact on the surplus. For example, 
     if individual income tax receipts stay at 9.6 percent of 
     GDP--their level in 1998-99 and well above their level from 
     1994-97--then the unified surplus over the next decade would 
     be $1.2 trillion lower than the current projections. In this 
     example, receipts as a share of GDP are still substantially 
     higher than CBO's ``pessimistic scenario,''
       Several investment banks and economic forecasters have made 
     rough estimates about the likely impact of economic 
     conditions on the surplus that are very large in magnitude. 
     These predications include:
       Merrill Lynch has projected that the surplus for FY 2001 
     will be $250 billion, $31 billion less than CBO's projection. 
     Merrill Lynch's more pessimistic projections for GDP growth 
     only accounts for about one-quarter of this difference from 
     CBO; the majority of the difference is due to other factors 
     like the fall in the stock market.
       Standard & Poors DRI estimates that CBO's underestimate of 
     the impact of the stock market on the economy could wipe out 
     $1 trillion of the projected surplus over 10 years.
       Mark Zandi, chief economist of economy.com, has been quoted 
     as saying that the 10-year surplus could be half the current 
     projections--$2.7 trillion downward revision.
     General uncertainty about the future
       If a new budget forecast were to take into account the news 
     from the last three months, it would most likely revise down 
     the projected surplus. As an example, just taking into 
     account the revised short-run economic outlook by the Blue 
     Chip forecasters would lead to a downward revision of about 
     $215 billion in the projected surplus. Taking into account 
     the stock market and other factors could reduce the surplus 
     by substantially more.
       These changes appear to be relatively small compared to the 
     projected $5.6 trillion surplus. But these revisions, which 
     are only based on three months of additional data, highlight 
     how much uncertainty surrounds projections of the forecast 
     ten years in the future. The uncertainty in the projection of 
     the unified surplus grows over time, from a margin of error 
     of plus or minus $244 billion in 2002 to plus or minus $612 
     billion in 2006. This is especially important in light of the 
     fact that 71 percent of the 10-year non-Social Security, non-
     Medicare surplus occurs after 2005.
       CBO itself captures the uncertainty in its estimates by 
     making projections for an ``optimistic scenario'' and a 
     ``pessimistic scenario.'' On this basis the projected 10-year 
     non-Social Security balance ranges from a $525 billion 
     deficit to a $6.2 trillion surplus. In assessing these 
     projections, CBO writes ``If CBO's track record is any guide, 
     both the optimistic and pessimistic scenarios lie well within 
     the range of uncertainty of the budget projections.''
     Likely expenditures not included in CBO's forecast
       In addition to the uncertainties about the future, there 
     are several ways that policies are likely to deviate from the 
     interpretation of ``current law'' that is used by CBO and the 
     Administration in putting together their budget baselines. 
     Independent groups and experts like the Concord Coalition, 
     the Center on Budget and Policy Priorities, and William Gale 
     and Alan Auerbach have all estimated that the available 
     surplus is about $900 billion to $1.4 trillion lower than the 
     projected on-budget surplus. The elements of this predictable 
     reduction in the surplus are:
       Medicare off-budget. Virtually the entire House and a 
     majority of the Senate have voted to make the Medicare HI 
     surplus unavailable for tax cuts or spending increases--
     taking $392 billion off CBO's projection of the non-Social 
     Security surplus.
       Real discretionary spending rising with population. The 
     current baseline does not incorporate the impact that 
     increasing population has on the cost of maintaining a 
     constant level of government services. This could reduce the 
     surplus by $300 billion.
       Alternative Minimum Tax. The Alternative Minimum Tax will 
     affect an increasing number of middle-class families over the 
     next decade; policymakers are likely to fix this provision so 
     that it serves its historic intent which is to ensure a 
     minimum level of taxation for upper-income taxpayers. This 
     reform would cost about $80 billion.
       Expiring tax provisions. Several popular tax provisions are 
     set to expire at the end of this year; extending them, as is 
     likely, will cost $112 billion over 10 years according to 
     CBO.
       Taking into account these realistic expenditures reduces 
     the available surplus to about $2 trillion over 10 years--
     without even taking into account the recent changes in the 
     outlook for the economy. Taking recent economic factors into 
     account, it is more than likely that less $2 trillion will be 
     available for tax cuts, spending increases, or additional 
     debt reduction.

  Mr. CONRAD. How much time is remaining on this side?
  The PRESIDING OFFICER. There is 4 minutes 44 seconds.
  Mr. CONRAD. I yield 3 minutes to the Senator from Maryland.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. SARBANES. I hope all of our colleagues were listening very 
carefully to Senator Byrd as he made that very powerful statement about 
the Senate as an institution.
  The reconciliation process, this great exception to Senate rules, was 
allowed and adopted in order to bring down the deficit. It has been 
twisted all out of shape. This amendment proposes to use it for a 
purpose that is not relevant to reducing the deficit.
  They talk about taxes going up, taxes going down--the end objective 
is supposed to be reducing the deficit. That is absent in this 
situation. Reconciliation is now being used, in effect, for any purpose 
whatsoever.
  I very much hope the Senate will reject this amendment. I thank 
Senator Byrd for a very powerful statement. I also want to commend the 
very able Senator from North Dakota for his leadership on the budget. 
As he has often said, it is a matter of balance. It is a matter of 
prudence. It is a matter of restraint. We can do a tax cut to help 
working people, we can strengthen Social Security and Medicare, we can 
pay down the national debt, and we can invest in the future of our 
country, in education, in health, in environment, in infrastructure. 
All of this can be done if we use prudence and caution. But we cannot 
do it if we go to excess.
  That was demonstrated yesterday when we adopted an important 
education amendment. But in order to do it, we had to bring down the 
amount of the tax proposal.
  What matters is how you blend these priorities together. What balance 
do you achieve? The Senator from North Dakota, in my judgment, has done 
an extraordinary job of laying out an approach which encompasses these 
multiple goals, reconciles them, and moves the Nation forward. That is 
what we ought to be doing. That would not give away our fiscal 
responsibility. Under that approach, we would not do a huge tax cut 
based on 10-year surplus projections, 70 percent of which appear only 
in the last 5 years of the 10-year period. No one in their private or 
business life would engage in that kind of reliance on tenuous 
projections. We ought not to do it on the floor of the Senate.
  I thank the Senator from North Dakota for the tremendous leadership 
he has provided and the vision he has outlined of a balanced program 
that will encompass tax reduction, protect Social Security and 
Medicare, pay down the debt, and invest in the future of our country.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from New Mexico.
  Mr. DOMENICI. I yield 3 minutes to my good friend, Senator Sessions 
from Alabama.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I thank Senators Domenici and Grassley 
for their courageous effort to make sure this body has a full chance to 
vote on the President's tax cut proposal. It has been objected to by a 
host of procedural objections in a desperate effort to throw it off 
track, but we are going to get that vote up, I believe, and have a 
chance to let the American people fully consider the issue.
  The question I want to raise is why do we have this extraordinary 
surplus? Why are we having big surpluses this year? In fact, we were 
told recently, within the last week, that even though we have had a 
slowdown in this year's economy, our projection of last year 
underestimates the surplus we will have this year--maybe by 20 or more 
billion dollars. We will see how it turns

[[Page 5662]]

out. But even with this slowdown, we have more coming in than we 
projected and we have had more coming in for the last 3 years than has 
been projected by the CBO or OMB.
  Why is it happening? It is because the Federal Government not only is 
taking in more, and not only are the American people making more, the 
Federal Government is taking a larger percentage. It is taking a larger 
percentage of America's wealth--too much.
  In 1992, the Federal Government took 17.6 percent of the total gross 
domestic product, all that we make and manufacture in the United 
States. Today it has hit 20.7 percent, a monumental increase. That is 
the highest percentage of the economy taken by the Federal Government 
since the height of World War II. The American people are entitled to 
not see that continue upwards. In fact, this tax reduction, if passed 
fully, would not really reduce that number but just flatten it out and 
keep it from going up.
  We need this tax cut now. We need to have this bill on the floor so 
we can fully debate the President's proposals. I say let it go. Let the 
Senators vote, vote to move this budget forward.
  I thank the Senator from New Mexico for his effective leadership.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I note the presence on the floor of 
Senator Clinton. I want to say if I referred to the distinguished 
Senator in the first person an hour or so ago, I apologize.
  The PRESIDING OFFICER. The Senator from New York.
  Mrs. CLINTON. Mr. President, will the distinguished Senator from New 
Mexico yield?
  Mr. DOMENICI. Yes. I yield.
  Mrs. CLINTON. Thank you very much.
  Mr. President, I say to the chairman of the Budget Committee, on 
which I am honored to serve, that I appreciate those words. I came down 
to the floor after hearing that to say just two quick things.
  One, in 1993, we made a considerable effort to reform health care. I 
learned a lot from that experience. I learned that we had to go in a 
step-by-step, progressive way to try to achieve quality, affordable 
health care. I also learned that we needed to have an open, spirited 
debate about what needed to be done for the good of our country.
  I appreciate the chance to rise and state my objections to adding 
reconciliation instructions to the budget resolution because I think 
the lesson we learned is a lesson we should apply.
  I thank the distinguished Senator for his remarks.
  Mr. DOMENICI. I am glad to do that.
  Mr. President, to all of those on the other side who have spoken 
eloquently about the Senate rules and the fact that we ought to have 
free and open debate, I want to say one more time that the time for 
those arguments was 27 years ago. When this bill, the Budget 
Impoundment Act, was adopted, it essentially permitted reconciliation 
instructions. And if they were given by majority vote of the Senate and 
the House, then a committee had to adopt laws consistent with it.


  If that was too early, we have adopted 15 tax bills under this Budget 
Act--10 were tax increases; 5 were tax decreases. If 27 years ago was 
too long ago to raise the objection, we had 15 different budget 
resolutions that came to the floor that had taxes in them. Some might 
have objected. But the truth is, the strongest arguments have been made 
on this particular reconciliation instruction. I believe it is because 
some don't want to let the President have a chance to have his taxes 
voted on--plain, pure, and simple. I think that is going to fail 
tonight. He is going to get his chance. I think eventually his tax plan 
will get taken care of in the Finance Committee and the Ways and Means 
Committee. Those members will pass the bill out of their committee and 
it will come to the floor under this Budget Act, which is now 27 years 
old.
  I yield the floor. Whatever time I have remaining, I yield to the 
majority leader. However, he doesn't need my time.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. Mr. President, I yield myself such time as I might need off 
the leader time for the opportunity to sort of go over what is going to 
be the process at this point. The chairman and ranking member might 
want to be prepared to comment or respond.
  For the information of all Senators, we are about to start a series 
of votes, which has been unfortunately referred to correctly as the 
``vote-arama.'' The first of these votes will be in relation to the 
Domenici amendment regarding reconciliation. Following that vote, we 
will have votes on the remaining pending amendments in the order in 
which they have been offered. I believe Senators have access to those 
amendments in their order and, therefore, will know when they will come 
up.
  I also announce that in order for us to be able to bring this to some 
conclusion, it is going to be necessary to move forward into the night, 
and we will shorten the voting period from 15 minutes after the first 
vote to 10 minutes on the subsequent amendments.
  There are approximately, as I understand it, 160 amendments that have 
been filed. I hope Senators will show restraint, not offer the 
amendments, and work with the chairman and the manager to identify the 
amendments we really do want to consider. If we did all of the 
amendments on the list that are available here tonight, assuming we 
could do about three votes an hour, we would be here until I guess 
until 9 or 9:30--something such as that.
  I know the chairman, the manager, and the sponsors will work with 
them. Maybe they can work through some of those amendments to reduce 
them. Of course, tomorrow morning we will continue with the so-called 
vote-arama every 15 minutes to vote on other amendments that would be 
pending or would be necessary to be voted on, with the idea that we 
would get conclusion of voting sometime and final passage tomorrow 
around 2:30.
  I know it is going to take a lot of patience to get to that point. 
But that is our goal. I believe that is the way it is presently lined 
up. Is that correct?
  Mr. REID. Mr. President, will the Senator yield for a question?
  Mr. LOTT. Yes.
  Mr. REID. Mr. President, one of the things that would help 
tremendously and which would help the staff is when we have a 10-minute 
vote, it should end at 10 minutes. These votes take forever. Members 
walk off, go back to their offices, or go have dinner, whatever it is. 
I think if you called the vote to an end at 10 minutes and set an 
example, some Members would simply miss the votes, but I think we can 
move this along.
  Mr. LOTT. I think we need to do that. We quite often have legitimate 
requests. Senators are stuck in elevators, are in the area and we can't 
find them, or whatever. After the first vote I will remind Senators 
again, if you will join me and remind them that we need them to stay in 
the Chamber, we can get through at a more reasonable hour and still be 
able to complete the list of amendments tomorrow and get to final 
passage at a reasonable time tomorrow afternoon.
  Senator Daschle I see just came on the floor. I was just going over 
the process of how we will proceed tonight and tomorrow.
  With that, I believe we are ready to proceed to the first vote.
  Mr. DOMENICI. Mr. President, will the distinguished leader yield to 
me for a couple of observations? I believe both the ranking member and 
I have agreed on sense-of-the-Senate resolutions that are nongermane, 
both of us will object to them, which I believe means that they are 
going to fall. I think that is the rule now if they are not germane. We 
will make a point of order, which means they will fall. There are a lot 
of sense-of-the-Senate proposals.
  But I would like to yield to my ranking member of the committee for 
his observations on those kinds of amendments that are pending.
  Mr. CONRAD. Mr. President, it should sober us up to understand that 
if we don't show some restraint and self-discipline, we face 50 hours 
of straight voting. That is the harsh reality of what confronts us 
tonight--50

[[Page 5663]]

straight hours of voting every 10 minutes. That is not a good process. 
It is not credible. And it can't be allowed to happen.
  We have to simply say to Members that they cannot expect to have each 
and every one of these amendments voted on. We will join in resisting 
amendments that are not practical, that are not fiscally responsible, 
and others that are just sense-of-the-Senate amendments. We hope that 
message goes out very clearly. We ask leaders, if they could, to rivet 
that point to our colleagues.
  Mr. LOTT. We will do that on an individual basis, and also publicly 
after the next vote. We don't want to eat up a lot of time. We will 
remind them of that.
  Mr. DASCHLE. Mr. President, I wanted to weigh in as well. I 
appreciate so much the leadership and partnership shown by our chairman 
and ranking member.
  Let me go to the point the majority leader has made. If we want to 
finish by 2:30 tomorrow--and the reason we need to finish by 2:30 
tomorrow, of course, is that we have a Jewish holiday coming up, and 
there are a number of personal matters that have to be tended to. I 
hope we can get everyone's cooperation tomorrow morning. If we are 
going to do that, we have to be at a point tonight with no more than 20 
amendments, and 2 minutes on each, if we come in at 9 o'clock in the 
morning. That doesn't leave us with a lot tomorrow. In other words, we 
have to virtually finish our work tonight.
  A number of us are going to go to our colleagues and ask for their 
full cooperation and partnership and effort to try to get us to the 
point that we have nothing left but no more than 20 amendments in the 
morning. I hope we can all work together to make that happen.
  I appreciate very much the leader yielding.
  Mr. LOTT. I thank Senator Daschle. We will work with you on that.
  Parliamentary inquiry: Has all time expired?
  The PRESIDING OFFICER. All time has expired.
  Mr. LOTT. Are we prepared to go to the first in a series of votes? 
Have the yeas and nays been ordered?
  Mr. CONRAD. Parliamentary inquiry: Has all time expired? We 
understood that we had 1 minute left, and that the other side had 1 
minute 30 seconds. We have been on leader time.
  The PRESIDING OFFICER. The Senator from New Mexico yielded his time 
to the leader, which was used. Then leader time was used. The Senator 
from North Dakota spoke and he was charged 1 minute 40 seconds.
  Are you pondering a request to have 1 minute 30 seconds restored?
  Mr. CONRAD. I ask unanimous consent that we have 1 minute restored on 
both sides so the managers can conclude the argument on this amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Mr. President, it may sound, to those listening, as 
though this is a debate on the President's tax cut. It is not. This is 
a debate on how the President's tax cut will be considered.
  On our side, we do not believe we should restrict the Senators' right 
of freedom to debate and freedom to amend. That is what this vote is 
about.
  Let me cite Senator Domenici in a debate in 1989 on an amendment from 
the majority and minority leaders at the time to limit the scope of the 
bill that was then being considered to deficit reduction. Senator 
Domenici said:

       We are going to use the process available under the Budget 
     Act to strip from this bill not only those matters which the 
     Parliamentarian would call extraneous but also those which 
     were never intended because they were not pure deficit 
     reduction matters.

  That is the issue. This is not a deficit reduction matter. It should 
not be considered under reconciliation.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, deficit reduction was the issue then; 
surpluses are the issue today.
  But the real issue is whether or not we are going to consider and 
give the American people a tax break. The issue is whether the 
President of the United States is going to have his proposals 
considered by a committee and then voted on by the Senate, instead of 
being whittled away by time and by the consumption of all types of 
amendments and all types of dilatory tactics.
  Last, without question, we have tried by unanimous consent--we have 
offered unanimous consent approaches--so we would not have to do 
reconciliation. We cannot get that done. When that cannot be done, we 
have to do this one, or we will not get a tax cut for the American 
people. That is the issue. The rest is talk. The issue tonight is, will 
we or will we not have a tax cut for the American people?
  I yield whatever time I have and ask for the yeas and nays on the 
Domenici amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to amendment No. 345.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  The result was announced--yeas 51, nays 49, as follows:

                      [Rollcall Vote No. 75 Leg.]

                                YEAS--51

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--49

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden
  The amendment (No. 345) was agreed to.
  Mr. GRAMM. Mr. President, I move to reconsider the vote.
  Mr. HATCH. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER (Mr. Allen). The Senator from Nevada is 
recognized.
  Mr. REID. Mr. President, is the Senate in order at this time? There 
is no quorum call; right?
  The PRESIDING OFFICER. The Senate is not in order.
  Mr. REID. 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.
  The Senator from Oklahoma is recognized.
  Mr. NICKLES. Mr. President, I thank my colleague, the Senator from 
Nevada, as well as the Senator from North Dakota for their willingness 
to work with the majority leader and me and others to try to reduce the 
amount of amendments and the time and try to get through this process 
as best we can. These vote-aramas are not pretty or very pleasant.
  Mr. President, I ask for the regular order with respect to the 
amendment so that we will vote on the remaining amendments in the order 
offered and, further, that the next votes in this series be limited to 
10 minutes in length.
  Mr. REID. Reserving the right to object--how about all votes rather 
than just the next vote?
  Mr. NICKLES. All the votes in this series.

[[Page 5664]]

  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. We have some problems we need to work out before the first 
vote. With everybody's cooperation, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mr. REID. 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. 202

  Mr. REID. Mr. President, on the Durbin amendment, 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. There are 2 minutes equally divided in favor 
and in opposition to the amendment.
  The Senator from Illinois.
  Mr. DURBIN. Mr. President, I rise in support of the amendment. This 
is the economic stimulus amendment that provides an immediate rebate to 
the taxpayers of America, both income-tax payers and payroll-tax 
payers, of at least $300 per person, $600 per family.
  It also provides a permanent rate reduction of the lowest rate from 
15 percent to 10 percent. It will cost us $60 billion. It will go into 
effect immediately. It will help families across America this year.
  This also provides that the total tax cut in addition to this will be 
$745 billion. This has been mischaracterized as a tax increase. We do 
not have a tax cut in place. We are debating the size of the tax cut.
  We think a third of the surplus should go to a tax cut, a third to 
deficit reduction, and a third to crucial priorities, such as Social 
Security, Medicare, and investments in education. I urge my colleagues 
to support the amendment.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, I want to correct the record. The pending 
amendment provides additional tax relief in the year 2002, $31 billion, 
and in 2003, $11 billion, but it also has over $400 billion in tax 
increases compared to the resolution before us.
  If we adopt this amendment, the net tax cut will boil down to not 
$1.6 trillion, not $1.1 trillion, which is where we ended up last 
night, but a total of $746 billion. That means the President gets less 
than half the tax cut he proposed.
  There is a lot of spending. My colleagues on the Democratic side have 
offered $697 billion in new spending and higher taxes, now $1.3 
trillion.
  The pending amendment raises taxes $418 billion over and above the 
tax increase we passed last night, which was $448 billion.
  If my colleagues want a tax cut that is less than half of what the 
President proposed, adopt this amendment. I urge my colleagues to vote 
no on the underlying amendment.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
202. The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 39, nays 61, as follows:

                      [Rollcall Vote No. 76 Leg.]

                                YEAS--39

     Akaka
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Kennedy
     Kerry
     Kohl
     Leahy
     Levin
     Lieberman
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wellstone
     Wyden

                                NAYS--61

     Allard
     Allen
     Baucus
     Bennett
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Campbell
     Carnahan
     Carper
     Chafee
     Cleland
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Johnson
     Kyl
     Landrieu
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
  The amendment (No. 202) was rejected.
  Mr. NICKLES. Mr. President, I move to reconsider the vote.
  Mr. DOMENICI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DOMENICI. Mr. President, I had understood from the distinguished 
Senator who offered the next amendment there was no need to have a 
rollcall vote on it.
  Mr. CONRAD. If I may say, we have not yet cleared this on this side. 
We are not prepared. I recommend we go to a quorum call.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will please call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent the order for the 
quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. May we have order.


                           Amendment No. 216

  The PRESIDING OFFICER. The Senate will please come to order.
  The question is on agreeing to the amendment.
  The amendment (No. 216) was agreed to.
  Mr. DOMENICI. 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.


                           Amendment No. 215

  The PRESIDING OFFICER. We have 2 minutes. We have 2 minutes now on 
the amendment of the Senator from Tennessee, Mr. Frist. 
  Mr. DOMENICI. Mr. President, the Senator can take his minute, but I 
wonder if we need a rollcall vote. We are willing to accept it.
  Mr. FRIST. I would like a rollcall vote.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Might I say to the Senator from Tennessee, if he can 
accept a voice vote, he will have strong support. If we have to go to a 
vote, he may lose the amendment.
  We urge the Senator to think about the circumstance and to accept the 
voice vote.
  Mr. FRIST. I request a rollcall vote.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, we have had 154 amendments. We are never 
going to end this thing unless people cooperate a little bit. If the 
other side is worried about us getting out of here tomorrow, they had 
better start cooperating a little bit. There is no need to have a vote 
on this amendment. We agree. We accept it.
  Mr. DOMENICI. Mr. President, I have done my best. I talked to 
Senators. He has requested a rollcall vote since early this afternoon. 
He told me about it. We can waste more time talking about why he should 
not get it than to go ahead and have the vote. Then we will get on to 
the next one and do everything we can to avoid it.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.
  Mr. CONRAD. 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. CONRAD. Mr. President, I ask unanimous consent the order for the 
quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Mr. President, I recommend we move to a vote.
  The PRESIDING OFFICER. There is 2 minutes equally divided on the 
amendment of the Senator from Tennessee, Mr. Frist.
  The Senator from Nevada.

[[Page 5665]]


  Mr. REID. 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. DOMENICI. 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. DOMENICI. Mr. President, we have the concurrence of the 
distinguished Senator from Tennessee and the ranking member of our 
committee that we set this amendment aside temporarily. I ask unanimous 
consent that be the status of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I thank the Chair.
  Mr. CONRAD. Mr. President, if I might just say to our colleagues, 
please understand. We are set up to have 50 straight hours of voting 
unless people show a little restraint, a little discipline, and a 
little courtesy towards our colleagues. Please, let's not get into a 
circumstance in which we spend the next 50 hours in this Chamber voting 
every 10 minutes.
  The PRESIDING OFFICER. The question is now on the Corzine amendment.


                           Amendment No. 346

  Mr. DOMENICI. Mr. President, I understand the situation is such that 
Senator Murkowski wants to offer a second degree. But I understand that 
we want to handle that as we have handled other second-degree 
amendments.
  Is that correct?
  Mr. CONRAD. That is correct.
  Mr. DOMENICI. That means they will have an amount of time to debate 
between them. It should be 2 minutes. It was going to be 1. Then we 
will be able to vote on the two amendments side by side.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will please report the amendment.
  The legislative clerk read as follows:

       The Senator from Alaska (Mr. Murkowski) proposes an 
     amendment No. 346.

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. MURKOWSKI. Mr. President, this amendment would raise the level of 
the conservation spending cap to the statutory level of $1.76 billion 
in budget authority and $1.38 billion in outlays at 2002.
  Last year, this cap was created through careful compromise in the 
Interior appropriations bill. It assures funding for certain high-
priority conservation programs. Those include the Land and Water 
Conservation Fund; National Park Service; management urban and 
community forestry; State wildlife grants; Pacific coastal salmon 
recovery; urban parks restoration; historic preservation; payment in 
lieu of taxes; and other important programs which provide funding to 
maintain our national parks, provide funding to help support 
communities with large Federal land ownership, help create urban parks, 
assure the survival of the Pacific salmon, and many other worthwhile 
projects.
  Last year, we made a commitment to these programs. We should keep our 
commitment to these programs and to our natural resources.
  I urge my colleagues to join me in support of the amendment.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. CORZINE. Thank you, Mr. President.
  Mr. President, I rise in support of the amendment. The amendment will 
restore $50 billion in cuts included in the underlying resolution. The 
amendment will fund priority environmental and natural resource energy 
conservation programs--programs such as brownfield restoration, 
wildfire prevention, sewer and water infrastructure programs, energy 
conservation and efficiency programs, and the Land and Water 
Conservation Fund. These restorations are offset by reduced tax cuts 
and administrative savings.
  The amendment also sets aside an additional $50 billion for debt 
reduction. I urge my colleagues to stand up for our legacy to future 
generations. I urge my colleagues to stand up for our environment and 
support the amendment.
  Thank you, Mr. President.
  The PRESIDING OFFICER. The question is on the Murkowski amendment.
  Mr. MURKOWSKI. Mr. President, I ask for the yeas and nays.
  Mr. CONRAD. Mr. President, let me ask colleagues, we are going to 
have to exercise discipline tonight or we are going to have chaos. This 
is just as clear as it can be. So, please, let's try to be quiet while 
Senators are speaking, and let's try to restrict debate so that we can 
finish. The manager and I believe, given the fact that none of us have 
seen the amendment of the Senator from Alaska, that it would be 
appropriate to give him another minute to explain his amendment, and 
another minute on the side of the Senator from New Jersey in response. 
We ask unanimous consent for an additional minute for the Senator from 
Alaska and an additional minute for the Senator from New Jersey.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. MURKOWSKI. Mr. President, I yield time to the Senator from Texas 
on the amendment that I have offered.
  Mr. GRAMM. Mr. President, the Corzine amendment spends another $46 
billion, adding to total spending in a budget which is now already 
grossly bloated. Our Democrat colleagues in the last 2 days have in the 
process of adding spending, added $697 billion of new spending in their 
amendments. That is more than the entire Government spent in the first 
150 years of our great Republic.
  If anybody has any doubt as to what the two parties are about, all 
they have to do is look at this spending orgy.
  I urge my colleagues to vote no on the Corzine amendment.
  The PRESIDING OFFICER. The Senator from New Jersey is recognized for 
a minute
  Mr. CORZINE. Mr. President, I yield 1 minute to the distinguished 
Senator from Nevada.
  Mr. REID. Mr. President, in the short time we have had to look at the 
amendment of the distinguished Senator from Alaska, we recognize that 
it is quite good. It has $200 million to help fund CARA. It is ``CARA-
lite,'' though.
  What the Senator from New Jersey has done is recognize that there 
have been tremendous cuts in this underlying budget in programs in 
which we all believe, not the least of which is arsenic in the water 
and all these things we talked about during the day.
  We believe the amendment of the Senator from Alaska is very weak. It 
is about $50 billion weak. It does nothing to address the real problems 
this country faces, and it does not reduce the debt.
  Mr. MURKOWSKI addressed the Chair.
  The PRESIDING OFFICER. All time has expired.
  The question is on agreeing to the amendment of the Senator from 
Alaska.
  Mr. DOMENICI. Mr. President, I ask the distinguished ranking member 
if we could let Senator Corzine have the first vote.
  The PRESIDING OFFICER. Is there objection?
  Mr. CONRAD. Mr. President, the amendment of the Senator from Alaska 
was an amendment in the second degree. Normally that would be the first 
vote.
  Mr. MURKOWSKI. That is correct.
  Mr. CONRAD. So the amendment of the Senator from Alaska would 
normally be considered as the first vote.
  Mr. DOMENICI. Senator, that isn't true. Just a while ago we agreed to 
a unanimous consent that they would be side-by-side amendments. That is 
not a second-degree amendment.
  Mr. REID. No. No.
  Mr. CONRAD. But it is in the form of a second degree.
  I think we have also in every one of these circumstances but one----
  Mr. DOMENICI. I am not going to argue. We are going to vote for 
Senator

[[Page 5666]]

Murkowski's first. I hope they vote for it because the alternative is 
going to be the Corzine amendment.
  I yield the floor.
  The PRESIDING OFFICER. The time has expired.
  Mr. DOMENICI. I ask for the yeas and nays.
  Mr. CONRAD. Might I ask that we take the Senator's vote on a voice 
vote? Would the Senator accept a voice vote?
  Mr. MURKOWSKI. 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. CONRAD. 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. CONRAD. We believe we have an agreement to go to a voice vote on 
the amendment by the Senator from Alaska.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
346.
  The amendment (No. 346) was agreed to.
  Mr. DOMENICI. I move to reconsider the vote.
  Mr. GRAMM. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 257

  The PRESIDING OFFICER. The question is on agreeing to Corzine 
amendment No. 257.
  Mr. REID. Have the yeas and nays been ordered?
  The PRESIDING OFFICER. The yeas and nays have not been ordered.
  Mr. CONRAD. 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 46, nays 54, as follows:

                      [Rollcall Vote No. 77 Leg.]

                                YEAS--46

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carnahan
     Carper
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--54

     Allard
     Allen
     Bennett
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Landrieu
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner
  The amendment (No. 257) was rejected.
  Mr. GRAMM. 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.


                           Amendment No. 211

  The PRESIDING OFFICER. There are 2 minutes now on the Bond amendment.
  Mr. DOMENICI. Mr. President, I suggest that as to the Bond amendment, 
which is going to be discussed, and the Dodd-Collins amendment which 
follows, we accept those two amendments. They are bipartisan. I am 
willing to accept them, and we won't have to have votes. That means the 
next vote will be on the Voinovich amendment, which is an appeal.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, we are willing to accept those mentioned 
amendments as well, the Bond-Mikulski amendment and the Dodd-Collins 
amendment.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, this amendment, cosponsored by Senators 
Mikulski, Lieberman, Allen, Bingaman, and Domenici, adds a very 
important $1.4 billion to function 250, the general science function.
  Basic science research in this country is suffering because we have 
not adequately funded the National Science Foundation in recent years. 
The funding in this function leverages the research done in NIH and 
other areas. We believe it is extremely important. We expect that we 
are on a path for doubling the NSF budget in 5 years. This will put us 
back on the path.
  I yield to my colleague from Maryland.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, the United States of America every year 
wins Nobel Prizes. We want to be sure that every year we win the global 
markets, as well as the Nobel Prizes. By doubling the National Science 
Foundation, by increasing funding for NASA and increasing funding for 
the Department of Energy, we are making public investments in great 
core science and engineering laboratories.
  This is where we create the new ideas that lead to new products as 
well as educate the next generation of Sally Rides, of other great 
scientists, the Dr. Varmuses who go on and lead our Nation. If we don't 
increase the funding for the National Science Foundation, we are not 
going to have the mathematicians, the physicists, and the engineers we 
need.
  We are the greatest country in the world because we are willing to 
take risks. We are the greatest country in the world because we are 
inventors and we are discoverers. Why don't we put our public money 
where our national values are? Let's pass the Bond-Mikulski amendment 
and take America right into the 21st century.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I want to proceed with the first of 
those amendments, the Bond amendment No. 211.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
211.
  The amendment (No. 211) was agreed to.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Ms. MIKULSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                     Amendment No. 322, As Modified

  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. DODD. Mr. President, on behalf of myself and the Senator from 
Maine, we offer this amendment which restores some funding that is 
being cut for children's hospitals, as well as for the child care 
development block grant and the child abuse prevention programs. These 
moneys total around $270 million, which gets us back to the level of 
funding for this year. It is not beyond that at all. It just brings 
these numbers up to the present year level.
  I thank my colleague from Maine, who has worked tirelessly over the 
years on this issue.
  I urge my colleagues' support. I thank the chairman of the Budget 
Committee for his support, as well as my own ranking Democrat on the 
Budget Committee.
  Mr. DOMENICI. Mr. President, we are prepared to vote.
  The PRESIDING OFFICER (Mr. Thomas). The question is on agreeing to 
the amendment.
  The amendment (No. 322), as modified, was agreed to.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Mr. DODD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 288

  Mr. DOMENICI. The next amendment is Senator Voinovich's appeal of the 
ruling of the Chair.

[[Page 5667]]

  I yield the floor.
  Mr. VOINOVICH. Mr. President, I am offering this amendment with my 
colleagues, Senators Feingold, Gregg, and Domenici. This amendment we 
are offering helps to refine the procedures in the budget process that 
are designed to control spending. It is clear from the egregious levels 
of spending in the past couple of years that the existing process needs 
reinforcement. That is what this amendment does.
  Our amendment is designed to tighten the enforcement of existing 
spending controls. To do this, we create an explicit point of order 
against the emergency spending that doesn't meet the definition for 
emergency spending as laid out by OMB.
  The amendment also closes budget loopholes by creating a point of 
order against actions that raise the discretionary spending caps; 
creating a point of order against efforts to waive sequesters, which is 
a budget enforcement mechanism; and last, creating a point of order 
against directed scoring--in essence, telling OMB and CBO how to treat 
spending that others use in order to dodge spending limits. Any waiver 
of these measures will require 60 votes.
  I urge my colleagues' support. It will guarantee that the budget 
process is more transparent.
  I ask unanimous consent that Senators Domenici and Gramm be added as 
cosponsors.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Mr. President, this is a nongermane amendment. As a 
result, this is subject to a 60-vote point of order. This amendment has 
some parts that are good, but, unfortunately, it also contains a fatal 
flaw. It would establish a 60-vote point of order against all emergency 
designations, both defense and nondefense. I don't think we want to set 
a precedent here that we require supermajority points of order to 
respond to a defense emergency or a natural disaster emergency.
  I urge colleagues to defeat the amendment.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I say to the Senate we thank you very 
much for the way things are going. We very much appreciate your 
attention. We haven't had much disturbance or much talking on the 
floor. For that, I thank each Senator on both sides of the aisle. We 
thank you very much for your cooperation.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
waive.
  The yeas and nays have been ordered, and the clerk will call the 
roll.
  The legislative clerk called the roll.
  The yeas and nays resulted--yeas 54, nays 46, as follows:

                      [Rollcall Vote No. 78 Leg.]

                                YEAS--54

     Allard
     Allen
     Bayh
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Carnahan
     Carper
     Chafee
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Feingold
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kohl
     Kyl
     Landrieu
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--46

     Akaka
     Baucus
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Cleland
     Clinton
     Cochran
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feinstein
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Specter
     Stabenow
     Stevens
     Torricelli
     Wellstone
     Wyden
  The PRESIDING OFFICER (Mr. Allen). On this vote, the yeas are 54, the 
nays are 46. 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. CONRAD. Mr. President, I move to reconsider the vote.
  Mr. DOMENICI. 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 New Mexico.
  Mr. DOMENICI. Mr. President, we laid aside the amendment of the 
distinguished Senator from Tennessee, Mr. Frist. He will accept a voice 
vote. If we can proceed to that now, he will not ask for a rollcall.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, I want to publicly apologize to my friend 
from Tennessee for raising my voice to him and the rest of the Senate. 
I recognize being unreasonable is not only on one side of the aisle. I 
apologize to the Senator.


                           Amendment No. 215

  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. FRIST. Mr. President, it is time for the world to wake up. We are 
confronted today with the worst international health crisis in 600 
years: the international scourge of HIV/AIDS; 8,000 people died today, 
15,000 new infections today.
  In Africa, the life expectancy in more than a handful of the 
countries has been cut in half.
  Currently, the United States spends about $500 million annually. Our 
amendment increases that by $200 million next year, ultimately doubling 
our commitment.
  The goal is simple: Reduce the devastation of the most significant 
moral, humanitarian, and developmental challenges of our time.
  Mr. KERRY. Mr. President, a year ago we joined together in the Senate 
with Senator Helms as leader, and others in the Foreign Affairs 
Committee, to make a major effort with respect to the international 
AIDS program. President Bush and his security team the other day joined 
what President Clinton and his security team had found, which is that 
this is an international security issue. It is a national security 
issue for the United States. I hope all of our colleagues will join 
together in restoring this critical funding that will deal with 
prevention, care, and treatment across the globe.
  The PRESIDING OFFICER. Without objection, the yeas and nays are 
vitiated.
  The question is on agreeing to the amendment of the Senator from 
Tennessee.
  The amendment (No. 215) was agreed to.
  Mr. SANTORUM. I move to reconsider the vote by which the amendment 
was agreed to.
  Mr. DOMENICI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 225

  Mr. DOMENICI. I understand the next amendment is amendment No. 225 
offered by the distinguished Senator Hollings. We have a second-degree 
amendment we will offer, but we would like to treat them side by side 
as we have other amendments. Senator Hutchison of Texas will offer it.
  I yield the floor.
  Mr. HOLLINGS. I didn't know about the second degree. I thought there 
would not be a second-degree amendment.
  Mr. DOMENICI. It is a simple amendment. It is an amendment about 
which the Senator feels strongly.
  Mr. HOLLINGS. I think the real point here is to send a message to the 
market, to the consumers, and to the people of this country that we 
feel their pain. As the old expression goes around this town, we know 
that we need an immediate stimulus to the economy to stop this 
downturn. This is divorced entirely from the tax cut, divorced entirely 
from budgets for 10-year considerations. It is a 1-year immediate 
repayment to the 95 million income-tax payers and another $500 to the 
25 million payroll-tax payers who do not pay income tax for a total of 
120 million, as recommended by Harvard Business School, Lester Thurow, 
the Concord Coalition, Business Week, former Secretary of the Treasury 
Bob Rubin, the Economic Policy Institute, and others.

[[Page 5668]]

  This is the need. We have been going on and on about the tax cut for 
the rich, poor, and everyone else.
  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 Senator from Texas.


                           Amendment No. 347

  Mrs. HUTCHISON. Mr. President, I send an amendment to the desk which 
adds language to the Hollings amendment that basically assures the 
marriage penalty is fully repealed.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison] proposes an 
     amendment numbered 347.

  The amendment is as follows:

       At the appropriate place add:
       Sec.   . Notwithstanding any other provision of this 
     resolution, the revenue levels and other aggregates in this 
     resolution shall be adjusted to reflect an additional $69 
     billion in revenue reductions for the period of fiscal years 
     2002 through 2011.

  Mrs. HUTCHISON. It would add $69 billion to assure that there is a 
marriage penalty elimination for this country. We have said we want to 
eliminate it. Now is the time to do it. We want to add the amount we 
believe it will cost to fully eliminate the marriage penalty in this 
country.
  Mr. CONRAD. 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. CONRAD. 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. CONRAD. Mr. President, I rise in opposition to the amendment of 
the Senator from Texas because after doing an analysis of the 
amendments previously agreed to and passed, it is very clear that this 
amendment will raid the Medicare trust fund. We can't accept an 
amendment that would do that. I am asking colleagues to oppose this 
amendment because it raids the Medicare trust fund in the years 2004, 
2005, 2006, 2007, 2008, and 2009.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CONRAD. Parliamentary inquiry: On whose time is the Senator from 
Texas proceeding?
  The PRESIDING OFFICER. There are 2 minutes allotted before each vote.
  Mr. CONRAD. The Senator from Texas already spoke.
  Mr. DOMENICI. Would the Senator like another minute?
  Mrs. HUTCHISON. I don't think we exhausted the time. I spoke, but I 
did not speak for 2 minutes.
  Mr. CONRAD. The Senator had 1 minute.
  Mr. DOMENICI. Will the Chair explain this to Senators.
  Mrs. HUTCHISON. Mr. President, I ask for 30 seconds to respond to the 
Senator from North Dakota.
  The PRESIDING OFFICER. The Senator from Texas spoke for 1 minute in 
opposition to the Hollings amendment. She is allowed 1 minute to speak 
in favor of her own amendment.
  The Senator from Texas is recognized for 1 minute.
  Mrs. HUTCHISON. Mr. President, I respectfully disagree with the 
numbers that my colleague from North Dakota has given. We did not raid 
the Medicare trust fund when we had $1.6 billion in tax cuts. Now we 
are talking about $1.1 billion or so, and we are adding $69 billion. 
This is to eliminate the marriage penalty tax. We are squeezing down 
the tax cuts and I do not want married couples in this country to think 
that it is not important for us to eliminate the marriage penalty. We 
should not penalize people for getting married. I hope you will vote 
for my amendment, and I hope you will vote for the amendment of Senator 
Hollings as well.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, the budget resolution does not determine 
any specific tax policy. All of us know that. This does not eliminate 
the marriage penalty or anything else. It simply adds $69 billion to 
the tax cut, which raids the Medicare trust funds in each of the years 
I previously referenced.
  Mrs. HUTCHISON. The $69 billion will go to the marriage penalty 
because we will say so. I hope my colleagues will support elimination 
of the marriage penalty.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. The question is on agreeing to the Hutchison 
amendment.
  Mrs. HUTCHISON. 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 result was announced--yeas 50, nays 50, as follows:

                      [Rollcall Vote No. 79 Leg.]

                                YEAS--50

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--50

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden
  The VICE PRESIDENT. On this vote, the yeas are 50, the nays are 50. 
The Senate being equally divided, the Vice President votes in the 
affirmative, and the amendment is agreed to.
  The amendment (No. 347) was agreed to.
  Mr. GRAMM. Mr. President, I move to reconsider the vote.
  Mrs. HUTCHISON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Vote on Amendment No. 225

  The VICE PRESIDENT. The question is on agreeing to the Hollings 
amendment. The yeas and nays have been ordered, and the clerk will call 
the roll.
  The assistant legislative clerk called the roll.
  The result was announced--yeas 94, nays 6, as follows:

                      [Rollcall Vote No. 80 Leg.]

                                YEAS--94

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feinstein
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--6

     Carper
     Corzine
     Dodd
     Feingold
     Graham
     Nelson (FL)
  The amendment (No. 225) was agreed to.
  Mr. REID. Mr. President, I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.

[[Page 5669]]

  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER (Mr. Ensign). The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, may I just inform Senators where we are. 
People would like to go home this evening. The next amendment is that 
of Senator Allen from Virginia. We have a minute; whoever opposes him 
has a minute. The next amendment would be Senator Wellstone with 
reference to veterans spending, and we have a second-degree amendment 
to that. They will be voted side by side. If we can get those finished, 
that is all we have lined up by way of votes.
  We have an amendment on vote-arama and streamlining the process so we 
won't get into these problems next year.
  We should proceed with the votes we have: Senator Allen, to be 
followed by Wellstone and a second degree.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I want to indicate to our colleagues and 
to the manager of the bill that there will be a second-degree amendment 
to Senator Allen's amendment as well, so everybody is on notice with 
respect to how that amendment will be treated.


                           Amendment No. 201

  The PRESIDING OFFICER. The Senator from Virginia has 1 minute.
  Mr. ALLEN. Mr. President, on behalf of Senators Brownback, Hutchison, 
Craig, Warner, and myself, the tax cut accelerator ensures that 
unexpected on-budget surpluses are used to accelerate tax cuts rather 
than accelerate more Government spending. The tax relief accelerator 
provides a tax relief insurance policy so that the Federal Government 
will fulfill its promise to return excess tax collections to the 
taxpayer. The tax cut accelerator does not touch Social Security or 
Medicare. It does not threaten funding for current programs. It allows 
us to set priorities in education, national defense, and scientific 
research.
  It does hold the Government accountable to the American people, 
setting priorities, determining the amount and type of tax relief, 
taking action, and justifying our decisions to the American people.
  I respectfully ask my colleagues to please say yes to the taxpayers 
of America and improve our economic vitality.
  The PRESIDING OFFICER. The Senator's time has expired. The Senator 
from North Dakota.
  Mr. CONRAD. Mr. President, this amendment is a nongermane amendment. 
It is subject to a 60-vote point of order. We have brought that order 
under the Budget Act. I hope my colleagues will support that point of 
order.
  This would require fully expedited procedures beyond even what 
reconciliation provides. I hope our colleagues will reject this 
amendment on a point of order.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
waive. 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 45, nays 55, as follows:

                      [Rollcall Vote No. 81 Leg.]

                                YEAS--45

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Craig
     Crapo
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--55

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     DeWine
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Specter
     Stabenow
     Stevens
     Torricelli
     Wellstone
     Wyden
  The PRESIDING OFFICER. On this vote, the yeas are 45, the nays are 
55. 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 fails.
  Mr. CONRAD. I move to reconsider the vote.
  Mr. BROWNBACK. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. CONRAD. 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. CONRAD. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CONRAD. Mr. President, I will address colleagues on my side for a 
moment to say we still have 27 amendments pending. This would be a 
wonderful opportunity, while we are waiting to work things out, for 
colleagues to come down and voluntarily give up their amendment in the 
interest of the whole body. What a good way to end the evening, to have 
a few more amendments given up so we could finish by our goal of 2:30 
tomorrow afternoon.
  I am making the offer. We will be here. We will be in business, and 
we will be eagerly awaiting our colleagues who want to give up 
amendments this evening.
  Mr. DOMENICI. Might I thank the distinguished Senator. I thank him 
for his request on his side. I say to our side, we have 10 amendments. 
We sure hope we can find some way to narrow that down to three or four. 
We will be working with Senators when we finish tonight.
  Let me tell Members what these amendments are: 289 is Crapo-Murray; 
237 is Grassley; 286, Santorum; 236, DeWine; 214, Collins; and four 
Smith amendments, 83, 46, 45, and 57.
  We very much would like to get the list down to about three.
  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. LOTT. Mr. President, I ask unanimous consent the order for the 
quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, we have been consulting on both sides of the 
aisle as to how to complete action tonight and how we will begin in the 
morning. I think everybody understands the best way to proceed at this 
point. I ask consent the Wellstone amendment be laid aside and the 
Senator from Louisiana be recognized to offer a first-degree amendment; 
that it be laid aside and the Senator from Maine, Ms. Collins, offer a 
first-degree amendment; that no amendments be in order to these 
amendments prior to the votes, and votes occur in relation to these 
amendments, also in a stacked sequence, first in relation to the Breaux 
amendment and then in relation to the Collins amendment.
  I further ask consent the first vote tomorrow morning occur in 
relation to the Wellstone amendment beginning at 9:30.
  The PRESIDING OFFICER. Is there objection?
  Mr. WELLSTONE. I object.
  Mr. LOTT. To clarify that, on the two I just outlined, the Collins 
and the Breaux amendments, those votes would occur tonight. Then 
tomorrow, of course, we would have the Wellstone amendment which would 
have the parallel second-degree amendment to it also.
  The PRESIDING OFFICER. Did the Senator from Minnesota object?
  Mr. WELLSTONE. Mr. President, I object for right now. I want to try 
to understand a little bit further how we are proceeding.
  The PRESIDING OFFICER. Objection is heard.
  Mr. DASCHLE. Mr. President, I suggest the absence of a quorum.

[[Page 5670]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WELLSTONE. Mr. President, I ask unanimous consent the order for 
the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WELLSTONE. Mr. President, I do not object.
  Mr. LOTT. I renew my request, Mr. President.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. I believe we are ready to proceed, then, with the two 
amendments. Of course, they would be 10-minute votes with a brief 
explanation of the two amendments, a minute each.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana.


                           Amendment No. 348

  Mr. BREAUX. Mr. President, I have an amendment at the desk. I ask it 
be reported.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Louisiana [Mr. Breaux], for himself and 
     Mr. Jeffords, proposes an amendment numbered 348.

  Mr. BREAUX. 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 increase funding for IDEA amendment)

       At the appropriate place add:
       Sec.  . Notwithstanding any other provision of this 
     resolution, the spending aggregates, functional totals, 
     allocations, and other levels in this resolution shall be 
     adjusted to reflect an additional $70 billion in budget 
     authority and outlays for function 500 for the period of 
     fiscal years 2002 through 2011, and a reduction of $70 
     billion in revenue reductions (and an increase of $70 billion 
     in total revenues) for the period of fiscal years 2002 
     through 2011.

  Mr. BREAUX. Mr. President, we have only a minute. For the sake of our 
colleagues, this amendment simply takes $70 billion off the tax cut 
which is now at approximately a level of $1.275 trillion, I think. It 
says that $70 billion is going to be used for education purposes, and 
the purpose is to fund the Individuals with Disabilities Education Act, 
IDEA; to put the money back where I think it is a high priority. This 
amendment is offered on behalf of myself and Senator Jeffords who has 
been a long-time champion for the funding of the IDEA program.
  This amendment does not take it out of the contingency fund. There is 
no more contingency fund. Remember the spectrum? Remember how many 
times we spent it? It is gone; agriculture and defense and everything 
else ate it up. If you want the $70 billion, there is only one place to 
get it, and my amendment provides the one place to get it by reducing 
the tax cuts. I ask my colleagues to support this effort.
  The PRESIDING OFFICER. Who yields time in opposition?
  Mr. GRAMM. I reserve the time.
  Mr. DOMENICI. Senator Collins would like to offer an amendment. I 
think that is the way we have been doing it.
  The PRESIDING OFFICER. The Senator from Maine.


                           Amendment No. 349

  Ms. COLLINS. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Maine [Ms. Collins] proposes an amendment 
     numbered 349.

  Ms. COLLINS. 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:

(Propose: To provide tax credits for small business to purchase health 
 insurance for their employees and to provide for the deductibility of 
  health insurance for the self-employed and those who don't receive 
     health insurance from their employers and for long-term care)

       At the appropriate place, insert:
       Sec.   . Notwithstanding any other provision of this 
     resolution, the revenue levels and other aggregates in this 
     resolution shall be adjusted to reflect an additional $70 
     billion in revenue reductions for the period of fiscal years 
     2002 through 2011.

  Ms. COLLINS. Mr. President, first let me make clear that the 
amendment I am offering does not change the amendment offered by the 
distinguished Senator from Louisiana. What it would do instead is add 
to the tax cut $70 billion in order to cover the following: A tax 
credit for small businesses to help them purchase health insurance.
  This is based on legislation that the Senator from Louisiana--the 
other Senator from Louisiana, Ms. Landrieu--and I recently introduced 
to address the problem of small businesses having a difficult time in 
affording health insurance for their employees. It would provide for 
full deductibility of health insurance for the self-employed, an issue 
that I know is something the Senator from Illinois, Mr. Durbin, and the 
Senator from Missouri, Mr. Bond, have worked on. And it would provide 
for long-term care insurance above the line deduction to help people 
and encourage them to purchase long-term care insurance.
  The combined total of those provisions would be approximately $70 
billion over the next 10 years. That would bring the total tax cut to 
approximately $1.3 trillion.
  I reserve the remainder of my time.
  Mr. BREAUX. Mr. President, how much time is left in opposition to the 
amendment of the Senator from Maine?
  The PRESIDING OFFICER. The opposition has 1 minute remaining.
  Mr. BREAUX. I might just take a minute in opposition to the Senator's 
amendment. I have a great deal of respect for her, but I suggest the 
budget authorization doesn't do any of those things. The respective 
committees that are going to be authorizing this will decide how it is 
going to be spent. While the list is a nice list, it has nothing to do 
with reality because the Budget Committee does not make that decision. 
The respective committees that had jurisdiction are going to make the 
decision on how to spend the money.
  Anyone can stand up and read a laudatory list of noble things, but 
there is no assurance that will happen. I respect everything she said 
about the intent, but the committee of jurisdiction has to make those 
decisions. We do not make those decisions on the floor.
  Our amendment, however, does provide $70 billion specifically for 
education which allows that decision to be made. It does not come out 
of a nonexistent fund. That is the big difference.
  Mr. GRAMM. Mr. President, we have 1 minute in opposition to the 
Breaux amendment. Exactly the same argument is true with regard to the 
Breaux amendment.
  Nothing in the Breaux amendment in any way requires that the money go 
for the purpose he specifies. All his amendment does is basically 
reduce the tax cut by $70 billion and add it to spending. What Senator 
Collins has done is given us an opportunity as a Senate to go on record 
in favor of something we all claim we are for; that is, to provide $70 
billion for the purpose of making a health insurance tax credit for 
small business, so they can cover their employees, and to give 
deductibility for health insurance.
  I yield to the Senator from Oklahoma.
  Mr. NICKLES. Mr. President, how much time has expired?
  The PRESIDING OFFICER. The Senator from Louisiana has 11 seconds.
  Mr. BREAUX. I can only say in 11 seconds that it specifies it has to 
be for education, and it comes out of the function 500. That is the 
education function. It can't be used for anything else.
  The PRESIDING OFFICER. All time has expired.
  The question is on agreeing to the amendment by the Senator from 
Louisiana.
  Mr. CONRAD. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER (Mr. Voinovich). Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays are ordered and the clerk will call the roll.
  The assistant legislative clerk called the roll.

[[Page 5671]]

  The result was announced--yeas 54, nays 46, as follows:

                      [Rollcall Vote No. 82 Leg.]

                                YEAS--54

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     McCain
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--46

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner
  The amendment (No. 348) was agreed to.
  Mr. CONRAD. I move to reconsider the vote.
  Mr. DASCHLE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 349

  The PRESIDING OFFICER. The question is on agreeing to the Collins 
amendment No. 349.
  Mr. GRAMM. 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 49, nays 51, as follows:

                      [Rollcall Vote No. 83 Leg.]

                                YEAS--49

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--51

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden
  The amendment (No. 349) was rejected.
  Mr. REID. Mr. President, I move to reconsider the vote.
  Mr. DASCHLE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. 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. DOMENICI. 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. DOMENICI. Mr. President, we are working on a UC. We are going to 
try not to delay the Senate. We have four amendments that have been 
approved on both sides. I may call them up and ask that they be adopted 
en bloc.
  Mr. CONRAD. What is the chairman's intention about how we proceed? 
Does the Senator want to do them one at a time?


                           Amendment No. 208

  Mr. DOMENICI. Mr. President, we will just do these one at a time. I 
will call up 208.
  I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. Byrd, 
     proposes an amendment numbered 208.

  The amendment reads as follows:

 (Purpose: To foster greater debate of amendments to a reconciliation 
                      bill or a budget resolution)

       At the end of title II, insert the following:

     SEC. __. LIMITATION ON CONSIDERATION OF AMENDMENTS UNDER 
                   RECONCILIATION AND A BUDGET RESOLUTION.

       (a) Reconciliation and Budget Resolutions.--For purposes of 
     consideration of any reconciliation bill reported under 
     section 310(e) of the Congressional Budget Act of 1974 or any 
     budget resolution reported under section 305(b) of the 
     Congressional Budget Act of 1974--
       (1) debate, and all amendments thereto and debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 50 hours;
       (2) time on a bill or resolution may only be yielded back 
     by consent;
       (3) time on amendments shall be limited to 60 minutes to be 
     equally divided in the usual form and on any second degree 
     amendment or motion to 30 minutes to be equally divided in 
     the usual form;
       (4) no first degree amendment may be proposed after the 
     10th hour of debate on a bill or resolution unless it has 
     been submitted to the Journal Clerk prior to the expiration 
     of the 10th hour;
       (5) no second degree amendment may be proposed after the 
     20th hour of debate on a bill or resolution unless it has 
     been submitted to the Journal Clerk prior to the expiration 
     of the 20th hour; and
       (6) after not more than 40 hours of debate on a bill or 
     resolution, the bill or resolution shall be set aside for 1 
     calendar day, so that all filed amendments are printed and 
     made available in the Congressional Record before debate on 
     the bill or resolution continues.
       (b) Waiver and Appeal.--This section may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.

  Mr. DOMENICI. Mr. President, we are willing to accept this amendment. 
It is a procedural change that makes all of the processes much better. 
We will work on it in conference. On our side we are willing to accept 
it.
  Mr. CONRAD. We are as well.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 208) was agreed to.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Mr. CONRAD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 289

  Mr. DOMENICI. I send to the desk amendment No. 289, the Crapo-Murray 
amendment.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. Crapo 
     and Mrs. Murray, proposes an amendment numbered 289.

  The amendment reads as follows:

   (Purpose: To ensure that the Department of Energy's Environmental 
 Management program is funded at a level adequate to continue progress 
   in waste treatment and management, site maintenance and closure, 
 environmental restoration, and technology development, while meeting 
 its legally binding compliance commitments to the states, the Atomic 
 Energy Defense Account is increased by $1 billion in fiscal year 2002)

       On page 10, line 21, increase the amount by $1 billion. On 
     page 10, line 22, increase the amount by $650 million. On 
     page 43, line 15, decrease the amount by $1 billion. On page 
     43, line 16, decrease the amount by $650 million. On page 48, 
     line 8, increase the amount by $1 billion. On page 48, line 
     9, increase the amount by $650 million.

  Mr. DOMENICI. Mr. President, we should note that the cosponsor is 
Senator Murray, so that we have the right sponsors. We have no 
objection to this amendment. It has to do with funding environmental 
cleanup that we are

[[Page 5672]]

committed to doing. Most of us think we are going to have to do it in 
any event. This makes it clear that we have the money to do that.
  Mr. CONRAD. Mr. President, we are willing to accept this amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 289) was agreed to.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Mr. CONRAD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 210

  Mr. CONRAD. Mr. President, we have clearance for another amendment on 
the list, No. 210, the Bond amendment.
  Mr. DOMENICI. Mr. President, we have been willing to do that. Senator 
Bond has graciously told us he would not insist on a rollcall vote. He 
said that to us an hour ago.
  I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. Bond, 
     proposes an amendment numbered 210.

  The amendment reads as follows:

   (Purpose: To provide funds for consolidated health centers under 
    section 330 of the Public Health Service Act and for children's 
  hospitals graduate medical education programs under section 340E of 
                               such Act)

       On page 28, line 23, increase the amount by $136,000,000.
       On page 28, line 24, increase the amount by $136,000,000.
       On page 43, line 15, decrease the amount by $136,000,000.
       On page 43, line 16, decrease the amount by $136,000,000.
       On page 48, line 8, increase the amount by $136,000,000.
       On page 48, line 9, increase the amount by $136,000,000.
       At the appropriate place, insert the following:
       Sec.  . Sense of the Senate on Consolidated Health 
     Centers.--It is the sense of the Senate that appropriations 
     for consolidated health centers under section 330 of the 
     Public Health Service Act (42 U.S.C. 254b) should be 
     increased by 100 percent over the next 5 fiscal years in 
     order to double the number of individuals who receive health 
     services at community, migrant, homeless, and public housing 
     health centers.

  Mr. DOMENICI. Mr. President, we accept the amendment.
  Mr. CONRAD. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 210) was agreed to.


                           Amendment No. 237

  Mr. CONRAD. Mr. President, we have good news. We have another 
amendment on which we have agreement, and that is amendment No. 237. We 
just received clearance on amendment No. 237, the Grassley-Kennedy 
amendment.
  Mr. DOMENICI. It is OK on our side.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. 
     Grassley, for himself and Mr. Kennedy, proposes an amendment 
     numbered 237.

  The amendment is as follows:

 (Purpose: To establish a reserve fund for the Family Opportunity Act)

       At the appropriate place, insert the following:

     SEC. __. RESERVE FUND FOR FAMILY OPPORTUNITY ACT.

       If the Committee on Finance of the Senate reports a bill or 
     joint resolution, or if an amendment is offered, or a 
     conference report is submitted which provides States with the 
     opportunity to expand medicaid coverage for children with 
     special needs, allowing families of disabled children with 
     the opportunity to purchase coverage under the medicaid 
     program for such children (commonly referred to as the 
     ``Family Opportunity Act of 2001''), the Chairman of the 
     Committee on the Budget of the Senate may revise committee 
     allocations for the Committee on Finance and other 
     appropriate budgetary aggregates and allocations of new 
     budget authority (and the outlays resulting therefrom) in 
     this resolution by the amount provided by that measure for 
     that purpose, but not to exceed $200,000,000 in new budget 
     authority and outlays for fiscal year 2002 and $7,900,000,000 
     in new budget authority and outlays for the period of fiscal 
     years 2002 through 2011, subject to the condition that such 
     legislation will not, when taken together with all other 
     previously-enacted legislation, reduce the on-budget surplus 
     below the level of the Medicare Federal Hospital Insurance 
     Trust Fund surplus in any fiscal year covered by this 
     resolution.

  Mr. DOMENICI. It is acceptable on our side.
  The PRESIDING OFFICER. Is there objection?
  Mr. CONRAD. No objection.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 237) was agreed to.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Mr. CONRAD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                Vitiation of Action on Amendment No. 237

  Mr. DOMENICI. I ask unanimous consent we vitiate the adoption of the 
amendment numbered 237 because it has technical problems we have to 
work out. We will work them out overnight.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 256

  Mr. CONRAD. We have now cleared on this side amendment 256, the Reid-
Hutchinson amendment.
  Mr. DOMENICI. We call up amendment No. 256, Reid-Hutchinson.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. Reid of 
     Nevada and Mr. Hutchinson, Mr. Warner, Mr. Leahy, Mr. 
     Johnson, Ms. Collins, and Mr. Levin, proposes an amendment 
     numbered 256.

  Mr. DOMENICI. I ask unanimous consent to dispense with the reading of 
the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To establish a reserve fund for the payment of retired pay 
            and compensation to disabled military retirees)

       At the end of title II, insert the following:

     SEC.  . RESERVE FUND FOR THE PAYMENT OF RETIRED PAY AND 
                   COMPENSATION TO DISABLED MILITARY RETIREES.

       If the Committee on Armed Services of the Senate or the 
     House of Representatives reports the Department of Defense 
     authorization bill and includes a provision to fund the 
     payment of retired pay and compensation to disabled military 
     retirees, the chairman of the Committee on the Budget of the 
     Senate or the House of Representatives, as applicable, may 
     increase the allocation of new budget authority and outlays 
     to that committee by the amount of new budget authority (and 
     the outlays resulting therefrom) provided by that measure for 
     that purpose not to exceed $2,900,000,000 in new budget 
     authority and outlays for fiscal year 2002, and 
     $40,000,000,000 in new budget authority and outlays for the 
     period of fiscal years 2002 through 2011, subject to the 
     condition that such legislation will not, when taken together 
     with all other previously enacted legislation, reduce the on-
     budget surplus below the level of the Medicare Hospital 
     Insurance Trust Fund surplus in any fiscal year covered by 
     this resolution.

  Mr. DOMENICI. We have no objection.
  Mr. CONRAD. No objection.
  The PRESIDING OFFICER. The question is on agreeing to the amendment, 
No. 256.
  The amendment (No. 256) was agreed to.

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