[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[Senate]
[Pages 11753-11761]
[From the U.S. Government Publishing Office, www.gpo.gov]




         JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003

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

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

  Pending:

       Grassley amendment No. 555, to increase the criminal 
     monetary penalty limitation for the underpayment or 
     overpayment of tax due to fraud.
       Dorgan/Baucus amendment No. 556, to repeal the 1993 income 
     tax increase on Social Security benefits and to offset the 
     revenue loss.
       Specter amendment No. 569, to urge the Senate Finance 
     Committee and the Joint Economic Committee to hold hearings 
     and consider legislation providing for a flat tax.
       Baucus amendment No. 570, to ensure that the limit on 
     refundability shall not apply to the additional $400 child 
     credit for 2003, to make the dividend exclusion effective for 
     taxable years beginning in 2003, and to eliminate the 
     increase in the dividend exclusion from 10 percent to 20 
     percent of dividends over $500.
       Kennedy amendment No. 544, to provide for additional weeks 
     of temporary extended unemployment compensation and to 
     provide for a program of temporary enhanced regular 
     unemployment compensation.
       Lincoln amendment No. 578, to expand the refundability of 
     the child tax credit.
       Cantwell amendment No. 577, to permanently extend and 
     modify the research and experimentation tax credit and strike 
     the partial exclusion of dividends provision.
       Jeffords amendment No. 587, to accelerate the elimination 
     of the marriage penalty in the earned income credit.
       Bunning/McConnell amendment No. 589, to amend the Internal 
     Revenue Code of 1986 to repeal the 1993 income tax increase 
     on Social Security benefits.
       Burns amendment No. 593, to amend the Internal Revenue Code 
     of 1986 to allow the expensing of broadband Internet access 
     expenditures.
       Grassley amendment No. 594, to amend title XVIII of the 
     Social Security Act to enhance beneficiary access to quality 
     health care services in rural areas under the Medicare 
     Program.
       Harkin amendment No. 595, to help rural health care 
     providers and hospitals receive a fair reimbursement for 
     services under Medicare by reducing tax cuts regarding 
     dividends.
       Collins amendment No. 596, to provide temporary State and 
     local fiscal relief.
       Murray amendment No. 564, to provide temporary State fiscal 
     relief.
       Stabenow amendment No. 614, to ensure the enactment of a 
     Medicare prescription drug benefit.
       Warner modified amendment No. 550, to amend the Internal 
     Revenue Code of 1986 to increase the above-the-line deduction 
     for teacher classroom supplies and to expand such deduction 
     to include qualified professional development expenses.
       Voinovich amendment No. 592, to establish a blue ribbon 
     commission on comprehensive tax reform.
       Graham of Florida amendment No. 617, in the nature of a 
     substitute.
       Kyl amendment No. 575, to further enhance the denial of 
     deduction for certain fines, penalties, and other amounts.
       Landrieu amendment No. 619, in the nature of a substitute.
       Landrieu amendment No. 620, to provide pay protection for 
     members of the Reserve and the National Guard.
       Landrieu amendment No. 621, to amend the Internal Revenue 
     Code of 1986 to allow employers in renewal communities to 
     qualify for the renewal community employment credit by 
     employing residents of certain other renewal communities.
       Ensign amendment No. 622, to encourage the investment of 
     foreign earnings within the United States for productive 
     business investments and job creation.
       Schumer amendment No. 557, to amend the Internal Revenue 
     Code of 1986 to make higher education more affordable.
       Conrad amendment No. 611, to make the child tax credit 
     acceleration applicable to 2002.
       Baucus, for McCain, amendment No. 612, to add the 
     provisions of the Armed Forces Tax Fairness Act of 2003.


                           Amendment No. 589

  The ACTING PRESIDENT pro tempore. There are now 2 minutes evenly 
divided before a vote on the Bunning amendment. Who yields time?
  The Senator from Kentucky.
  Mr. BUNNING. I will be very brief. This amendment was discussed 
pretty thoroughly yesterday. This sets a date certain for a vote on the 
reduction of the tax on the Social Security seniors from 85 to 50 
percent; that we report a bill out no later than July 1, 2003; and that 
the bill should be acted on no later than September 30, 2003, 
consistent with the preservation of the Medicare trust fund.

[[Page 11754]]

  Under the provisions of section 904 of the Congressional Budget Act 
of 1974, I move to waive the point of order against the pending 
amendment and I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BAUCUS. Mr. President, has the proponent of this amendment any 
time remaining? Have we completed the time remaining to speak in favor 
of the amendment?
  The ACTING PRESIDENT pro tempore. There remains a minute in 
opposition.
  Mr. BAUCUS. Is there any time remaining to speak for the amendment?
  The ACTING PRESIDENT pro tempore. No.
  Mr. BAUCUS. Mr. President, I am going to vote for this amendment. I 
think all Senators should realize this is really a cover amendment. 
This is an amendment which allows Senators to not do the real thing. 
What is the real thing? The real thing is a vote for the Dorgan 
amendment which is next. The Dorgan amendment provides that Social 
Security taxes on 85 percent of Social Security benefits are not 
taxable. That is the real thing. The current amendment before us is a 
sense of the Senate. It is a cover amendment. I am going to support it. 
I think all Senators should support it. But the real test is the next 
amendment. If Senators vote for this amendment, if they want to reduce 
Social Security taxes, they should vote for the Dorgan amendment 
because that is the real amendment. That is the one that counts.
  I yield the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Kentucky.
  Mr. BUNNING. Mr. President, I withdraw my motion to waive the point 
of order since none has been made against the amendment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The question is on agreeing to the amendment.
  Mr. BUNNING. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second. The clerk will call the roll.
  The senior assistant bill clerk called the roll.
  The result was announced--yeas 98, nays 2, as follows:

                      [Rollcall Vote No. 148 Leg.]

                                YEAS--98

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

                                NAYS--2

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


                           Amendment No. 556

  The ACTING PRESIDENT pro tempore. There are now 2 minutes equally 
divided prior to the next vote.
  Mr. DORGAN. Mr. President, the next vote is on the amendment that 
actually does what the previous amendment says the sense of Senate 
should do. If you really believe with the sense of the Senate that we 
should do this, the question is, Do you believe we should do it now? 
The question here, it seems to me, is one of priorities. If 8 million 
senior citizens are paying $1,500 more in taxes because of the change 
in 1993 and you want to repeal that change, then this particular 
amendment will reduce taxes for those 8 million Americans.
  Is this a greater priority than the issue of dividends and other 
issues in this bill? In my judgment, this is a greater priority. If you 
really believe you want to cut taxes for 8 million senior citizens by 
$18 billion, now is the time to do that. Now is the time to make the 
change to do that. If you choose not to, it is really hard to say you 
support this kind of a change.
  The ACTING PRESIDENT pro tempore. Who yields time in opposition?
  Mr. GRASSLEY. Mr. President, this amendment is designed to kill the 
growth package. It would eliminate the acceleration of all individual 
income tax rate reductions, and it would eliminate the entire dividend 
exclusion.
  What is also interesting about this amendment is that our colleagues 
on the other side of the aisle who are solely responsible----
  The ACTING PRESIDENT pro tempore. The Senate will be in order.
  The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, the bottom line is that this tax on 
Social Security income is as high as it is because, in 1993, all except 
one Senator now serving on the other side of the aisle imposed a tax in 
the first place. I believe we should have an opportunity to repeal this 
tax. However, as my colleagues are aware, the revenue from this tax 
goes into the Medicare hospital fund without other changes in Medicare. 
Repealing this tax would bankrupt the Medicare trust fund. We should 
consider this in light of other Medicare legislation, and it ought to 
be done in the Finance Committee.
  This language is not germane to the measure now before the Senate. 
Therefore, I raise a point of order under section 305(b)(2) of the 
Congressional Budget Act of 1974.
  Mr. DORGAN. Mr. President, pursuant to section 904 of the 
Congressional Budget Act of 1974, I move to waive the applicable 
sections of that act for purposes of the pending amendment, and I ask 
for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. FRIST. Mr. President, I want to make a couple of comments on the 
schedule for today which I did not have the opportunity to make this 
morning.
  We just had our first vote in what will be a very long day with a 
lengthy series of votes. Hopefully, we can do as much as possible to 
shorten that list over the course of the day and certainly not add to 
it too much.
  I want to ask all of our Members to stay close to the Chamber. We 
will be starting, with this vote, 10-minute votes, and that will be 
enforced. It will be the only way we can get through this bill in this 
so-called vote-arama. I know it is going to be tough in terms of 
everybody's schedules today. I would go ahead and talk to your 
schedulers and let them know we have these votes every 10 minutes.
  Following passage of this bill later today, we will proceed directly 
to the global HIV/AIDS bill. We will work that bill through tonight, 
and hopefully finish that bill tonight. If we complete that bill 
tonight, Members can expect no rollcall votes tomorrow. The objective 
will be to complete the jobs and growth package today, start on the 
HIV/AIDS bill, and hopefully finish today. If so, we will not have 
votes tomorrow.
  Again, I ask Members to stay close to the Chamber and the 10-minute 
votes will be enforced.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to

[[Page 11755]]

the motion. The yeas and nays have been ordered. The clerk will call 
the roll.
  The legislative clerk called the roll.
  The yeas and nays resulted--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 149 Leg.]

                                YEAS--49

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

                                NAYS--51

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
  The ACTING PRESIDENT pro tempore. On this vote, the yeas are 49, the 
nays are 51. Three-fifths of the Senators duly chosen and sworn not 
having voted in the affirmative, the motion is rejected. The point of 
order is sustained, and the amendment falls.
  Mr. GRASSLEY. I move to reconsider the vote.
  Mr. BAUCUS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 555

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


                 Amendment No. 624 To Amendment No. 555

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

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

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

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

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

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


                 Vote On Amendment No. 555, As Amended

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


                           Amendment No. 569

  The ACTING PRESIDENT pro tempore. There are now 2 minutes evenly 
divided prior to a vote on the Specter amendment.
  Who yields time?
  The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, if I may have the attention of my 
colleagues, this is a sense-of-the-Senate amendment which calls upon 
the Finance Committee and the Joint Economic Committee to undertake a 
study on tax simplification, with the view to presenting a report to 
the Senate on a flat tax.
  The complexities of the Internal Revenue Code are well known. Even 
Albert Einstein said he could not understand the Internal Revenue Code. 
We spend billions of hours, billions of dollars on the complexities of 
filling out the tax returns. This flat tax would enable us to file a 
return within a few minutes on a postcard.
  This amendment does not commit the Senate to a flat tax, but it only 
calls upon relevant committees to conduct a study. There has never been 
a study of a flat tax. This amendment, cosponsored by Senator Grassley 
and Senator Bennett--and I think agreed to; we will soon hear from 
Senator Baucus--will be a significant step forward.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Who seeks time in opposition?
  The Senator from Montana.
  Mr. BAUCUS. Mr. President, I think it is a good idea to set up some 
kind of a body or commission to see if we can simplify the code, 
knowing that it is a daunting task. Nevertheless, we should try, 
including looking at the flat tax proposal that has been suggested by 
several Senators and other observers over the years. But at least let's 
give it a try. We can certainly improve upon the code we now have.
  I urge its adoption.

[[Page 11756]]

  The ACTING PRESIDENT pro tempore. Is there further debate?
  The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, I ask unanimous consent to be added as a 
cosponsor.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The question is on agreeing to amendment No. 569.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The senior assistant bill clerk called the roll.
  The result was announced--yeas 70, nays 30, as follows:

                      [Rollcall Vote No. 150 Leg.]

                                YEAS--70

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

                                NAYS--30

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


                           Amendment No. 570

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

                      [Rollcall Vote No. 151 Leg.]

                                YEAS--47

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

                                NAYS--53

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hollings
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
  The motion was rejected.
  The ACTING PRESIDENT pro tempore. On this vote, the ayes are 47, the 
nays are 53. Three-fifths of the Senators duly chosen and sworn not 
having voted in the affirmative, the motion is rejected. The point of 
order is sustained, and the amendment falls.
  Mr. GRASSLEY. I move to reconsider the vote.
  Mr. BAUCUS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 544

  The ACTING PRESIDENT pro tempore. It is now in order to consider 
amendment No. 544, the Kennedy amendment. There will be 2 minutes 
equally divided on each side.
  The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, we are involved in a debate between 
Republicans and Democrats about how to get the economy going, but there 
is one reality, and that is that we have stagnation at the present 
time.
  There is one lifeline for millions of hard-working Americans who paid 
into the unemployment compensation fund, and that is to extend the 
unemployment compensation benefits.
  Today there are 18,000 Iraqi veterans who are on unemployment 
compensation, and that number is increasing every single week. We are 
talking about funds that have been paid into that fund by these 
workers. They are entitled in a time of difficulty and challenge to get 
that money back to help them meet their mortgage, put food on the 
table, and take care of their children.
  The American people understand fairness, and they understand, on the 
one hand, if we are going to provide billions for the wealthiest 
individuals in this country, we ought to look out for hard-working men 
and women who have played by the rules, worked hard all their lives, 
have paid into that fund, and now need that assistance. This is what 
that amendment does.
  In the last 10 years, we have extended unemployment compensation 
benefits seven times. It has been extended by Republican Presidents, 
and we ought to do it today.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Who yields time? The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, as I said yesterday, we are willing to 
extend current unemployment benefits. We are willing to do it before 
the end of the week. In fact, yesterday I offered a unanimous consent 
request to accomplish this, and it was rejected on the other side.

[[Page 11757]]

  We have Senator Murkowski standing by ready to offer a unanimous 
consent request to extend unemployment benefits. This amendment is 
overreaching. This amendment would go way beyond anything we have done 
on unemployment at a level of 6 percent right now. In fact, this makes 
it as high as when unemployment was at 8 percent. We are asked to deal 
with an amendment that goes way too far to score political points. That 
is why it should be rejected.
  I raise the point on this amendment that the language is not germane 
to the measure before the Senate. Therefore, I raise a point of order 
under section 305(b)(2) of the Congressional Budget Act of 1974.
  The ACTING PRESIDENT pro tempore. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, pursuant to section 904 of the 
Congressional Budget Act of 1974, I move to waive the applicable 
sections of that act for purposes of the pending amendment. I ask for 
the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The senior assistant bill clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Colorado (Mr. Allard) 
is necesarily absent.
  The PRESIDING OFFICER (Mr. Alexander). Are there any other Senators 
in the Chamber desiring to vote?
  The yeas and nays resulted--yeas 50, nays 49, as follows:

                      [Rollcall Vote No. 152 Leg.]

                                YEAS--50

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

                                NAYS--49

     Alexander
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--1

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


                           Amendment No. 578

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

                      [Rollcall Vote No. 153 Leg.]

                                YEAS--49

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

                                NAYS--51

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
  The PRESIDING OFFICER. On this question, the yeas are 49, the nays 
are 51. Three-fifths of the Senators duly chosen and sworn not having 
voted in the affirmative, the motion is rejected. The point of order is 
sustained, and the amendment falls.

[[Page 11758]]


  Mr. GRASSLEY. I move to reconsider the vote.
  Mr. BAUCUS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 577

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

                      [Rollcall Vote No. 154 Leg.]

                                YEAS--49

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

                                NAYS--50

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Thomas
     Voinovich
     Warner

                             NOT VOTING--1

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


                           Amendment No. 587

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

[[Page 11759]]

  The bill clerk called the roll.
  The yeas and nays resulted--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 155 Leg.]

                                YEAS--49

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

                                NAYS--51

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
  The PRESIDING OFFICER (Mr. Graham of South Carolina). On this vote, 
the yeas are 49, the nays are 51. Three-fifths of the Senators duly 
chosen and sworn not having voted in the affirmative, the motion is 
rejected. The point of order is sustained, and the amendment falls.
  Mr. GRASSLEY. I move to reconsider the vote.
  Mr. BAUCUS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent to set aside the 
Burns amendment No. 593 and proceed to the next amendment, which is my 
own amendment No. 594.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 594

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

                      [Rollcall Vote No. 156 Leg.]

                                YEAS--86

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

[[Page 11760]]


     Pryor
     Reid
     Roberts
     Rockefeller
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Warner
     Wyden

                                NAYS--12

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

                             NOT VOTING--2

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


                      Amendment No. 595 Withdrawn

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


                           Amendment No. 596

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

                      [Rollcall Vote No. 157 Leg.]

                                YEAS--95

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                                NAYS--3

     Ensign
     Lott
     Nickles

                             NOT VOTING--2

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


                           Amendment No. 564

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

                      [Rollcall Vote No. 158 Leg.]

                                YEAS--47

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton

[[Page 11761]]


     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--52

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--1

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

                          ____________________