E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, JANUARY 24, 2002 No. 2 Senate The Senate met at 9:30 a.m. and was to the Senate from the President pro will now be a period for the transaction called to order by the Honorable tempore (Mr. BYRD). of morning business for not to extend DEBBIE STABENOW, a Senator from the The legislative clerk read the fol- beyond the hour of 10 a.m., with Sen- State of Michigan. lowing letter: ators permitted to speak therein for up U.S. SENATE, to 10 minutes each with the time to be PRAYER PRESIDENT PRO TEMPORE, equally divided between the leaders or The Chaplain, Dr. Lloyd John Washington, DC, January 24, 2002. their designees. Ogilvie, offered the following prayer: To the Senate: Mr. REID. Madam President, I sug- Under the provisions of rule I, paragraph 3, Dear God, You have promised to keep gest the absence of a quorum. of the Standing Rules of the Senate, I hereby The ACTING PRESIDENT pro tem- us in perfect peace if we would allow appoint the Honorable DEBBIE STABENOW, a You to stay our minds on You. We join Senator from the State of Michigan, to per- pore. The clerk will call the roll. with millions of Christians, Jews, Mus- form the duties of the Chair. The legislative clerk proceeded to lims, and Buddhists, in unity on this ROBERT C. BYRD, call the roll. Daylong Prayer for Peace initiated by President pro tempore. Mr. REID. Madam President, I ask the Pope. In the midst of the treachery Ms. STABENOW thereupon assumed unanimous consent the order for the of worldwide terrorism, the conflict in the chair as Acting President pro tem- quorum call be dispensed with. the Middle East, the tensions between pore. The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- nations, the turmoil of race relations f in every nation, we cry out to You for dered. peace in our time. We ask You to insti- RECOGNITION OF THE ACTING Mr. REID. Madam President, because gate in the leaders of nations the desire MAJORITY LEADER I asked for the quorum call, the time for peace, to inspire all warring peoples The ACTING PRESIDENT pro tem- would run against this side. I ask unan- with the yearning for peace, and to pore. The acting majority leader is rec- imous consent the time be equally di- imbue in all humankind the longing to ognized. vided. negotiate peace with justice. Bless The ACTING PRESIDENT pro tem- America in our peacemaking and f pore. Without objection, it is so or- peacekeeping responsibilities through- SCHEDULE dered. Mr. REID. I note the absence of a out the world. We claim the promise Mr. REID. Madam President, morn- quorum. through Isaiah that You ‘‘. . . shall ing business will continue until 10 a.m. The ACTING PRESIDENT pro tem- judge between the nations, and rebuke this morning with Senators permitted pore. The clerk will call the roll. many people; they shall beat their to speak for up to 10 minutes each, the The legislative clerk proceeded to swords into plowshares, and their time equally divided between the two call the roll. spears into pruning hooks; nation shall leaders or their designees. At 10 o’clock Mr. THOMAS. Madam President, I not lift up sword against nation, nei- the Senate will resume consideration ask unanimous consent the order for ther shall they learn war anymore.’’— of H.R. 622, with the Daschle economic the quorum call be dispensed with. (Isaiah 2:4). Lord, we pray for peace! recovery amendment the pending mat- Amen. The ACTING PRESIDENT pro tem- ter. Senator DASCHLE will be on the pore. Without objection, it is so or- f floor at that time to start the debate. dered. PLEDGE OF ALLEGIANCE Rollcall votes are possible throughout the day. f The Honorable DEBBIE STABENOW led THE SENATE AGENDA the Pledge of Allegiance, as follows: f Mr. THOMAS. Madam President, we I pledge allegiance to the Flag of the RESERVATION OF LEADER TIME United States of America, and to the Repub- are all back, hopefully after a good re- lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- cess and a good opportunity to visit indivisible, with liberty and justice for all. pore. Under the previous order, the with the folks at home and can now leadership time is reserved. f evaluate some of the things that have f been done over the last year and, APPOINTMENT OF ACTING maybe more important, talk a bit PRESIDENT PRO TEMPORE MORNING BUSINESS about those things that are yet to The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- come. There are many, and they are clerk will please read a communication pore. Under the previous order, there things that we must do.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S51

. S52 CONGRESSIONAL RECORD — SENATE January 24, 2002 Certainly the stimulus package is and has unique problems, I think there them. But I think we have an obliga- one. I am delighted we are going to needs to be a safeguard somewhere un- tion to do that. take that up and take a look at it. In derneath. It is going to be difficult to One of the difficult issues is the some ways I think it would be well if do that. We don’t want to doing some- drought issue. In the West, we are we could hold our fire until after we thing that is going to increase produc- faced with many places in the third hear the President’s notions next Tues- tion for a product so that it then year of drought. In the West, again, day. I am sure he will talk a great deal doesn’t have market demand. At the where there is relatively low rainfall, about the stimulus package as well as same time, we want to protect farmers one of the important issues is to have the other domestic and terrorism and ranchers from some of the things snow pack in the mountains so when it needs. over which they certainly have no con- thaws out in the spring it runs into res- But, as we do that—as I guess in ev- trol. ervoirs and then it is used for irriga- erything—I hope we take a real look, There has been quite a bit of discus- tion. The reservoirs have been at un- the best we can, as to what our expec- sion about AMTA payments that were usually low levels—not only because of tations are on a stimulus package. It is made to the farmers over the last 6 the drought this year but because of easy to talk about it. It sounds good. years in the farm program. I think at droughts in previous years. On the other hand, in the Finance least that is the perception. I think it Those are some of the things with Committee, where last year we held a is true the big payments have gone to which we need to grapple. I look for- number of hearings and talked to quite relatively few. Even though we always ward to the opportunity to do that. a number of professional economists— talk about family farmers, it is also Another bill that will be coming up the best in the country, as a matter of true that family farmers are getting soon is the energy bill. We have heard fact—as the Presiding Officer will re- large payments. But many are cor- a great deal about that. It is inter- call, there was no real consensus as to porate farmers who get large amounts esting that 6 months ago or so we had what is best done to have the imme- of money. We need to look at what we $2.50-a-gallon gasoline. We had prob- diate impact that we would like to can do about that issue. lems. Now gas prices are down. Cali- have on the economy. There are a number of things I think fornia has apparently managed to over- So I hope we give some thought, indi- are very important. I come from Wyo- come its difficulties to some extent. vidually and collectively, to what it is ming where livestock is our largest ag- There has been some polling that that our goals are with respect to a ricultural issue, and we have lots of shows many people understand that an stimulus package. It would be easy to public land. The country of origin la- energy policy over time is very impor- begin to use that as a means for fund- beling is in our bill. It is very impor- tant. ing other kinds of things that may tant. I think it is important for con- I hear the accusations that all the very well be justified as issues but not sumers to be able to look at a package administration wants to do is drill and justified in this economic stimulus of meat and see that it came from the produce. That is true. We worked with package. United States, or, if it didn’t, from the bill. We have seen the drafts of pol- Further, I am pleased to hear, at where it came. That is fine. Let them icy that we put together with the ad- least from some, that the prospects for have a choice. ministration. It has in it a number of the economy seem to be better even I just can’t imagine why that is not items—production being one of them, than they were when we left here back labeled. Almost everything we buy has of course, and another is alternative in November or December. I hope that the country of origin on the label. fuels. Another is research for alter- is the case. Again, no one knows ex- I hope we also deal with this question native fuels, and another is transpor- actly what that will be. of concentration of packaging. As I un- tation, such as electricity and trans- But I hope we do give this some derstand it, we have about three pack- mission lines. There have to be genera- thought and seek to move in a way ers that control 80 percent of the kill. tors to move it. that creates a better economy and cre- Under the marketing system, the I think there are some real opportu- ates jobs. There are people out there producer goes to the auction market nities for us to evaluate where we need who need help, for various reasons. and gets what the livestock is worth to be. Clearly, the upheaval in the Mid- That is going to be part of it. But the that day. We also have an amendment dle East has something to do with our real purpose is to create a better econ- on ownership of livestock. It has al- imports. We find ourselves being 60-per- omy so there are jobs for people. It is ready been on the floor. I think that is cent dependent on imports of energy, not always easy. It is hard to get a feel very important. which is more than we are comfortable for it. In this bill, there are provisions on with. I was interested, a while back, to conservation of land. I think that is ex- We have some real challenges, and hear that in 1996, which was one of the cellent. some real opportunities. I am hopeful. good times for the economy, unemploy- As we talked about this bill last Certainly the reason we are here is be- ment was 5.7 percent. year, I traveled all over our State talk- cause we have different views on some We are never going to get rid of un- ing to people about what they wanted things. We have different views on employment because obviously there is and what they believed the need was needs, depending on where we are from always some. for their counties, their cities, and and what our philosophies are. That is I hope we do that. their families. One of the things they part of being here. There is nothing Second, of course, I am hopeful we want is open space. We want to con- wrong with that. But we need to put can move on to agriculture, and to our tinue to have open space and some those differences out there and come to farm bill. The current farm bill expires planning for those lands. CPP has been some conclusions supported by the ma- this year. Of course, we will have a new one thing, but now we are talking jority. farm bill. I think all the work we have about something a little different— I think it is going to be an exciting done on it over the last several months whether it is timber or grasslands— time. Hopefully, we can look back at can now be picked up again and we can some protection for open space for fam- the end of this year and say: Yes, we go forward. ily farmers and ranchers who can’t have been able to deal with the crisis of Again, I hope we can sort of give an really afford to set aside. terrorism. We need to look back and be image as to what we want agriculture Technical assistance to farmers and very proud of what this Congress has to be over time so that we don’t just ranchers on waterfall is important, so done in that regard. deal with short-term issues. What do they are able to continue to use water, I think we need to be very proud of we want the image to be for agri- and to protect water quality is impor- the American people. I have never seen culture? Do we want it to be market tant. That is in the bill as well, and it such a reaction of commitment to do oriented so production is generally re- is increased substantially. I think that something about terrorism in my lated to the potential of selling those is a very good thing. State, and I am sure in other places. I goods? That is the economic system for There are some things in the bill am very proud of America for that most everything. At the same time, of about which we will differ on the floor. dedication. I certainly hope we can course, because agriculture is unique It will be difficult to come together on continue it because it is not going to January 24, 2002 CONGRESSIONAL RECORD — SENATE S53 be a short-term proposition. Also, be- In an effort to move the process Our Republican colleagues suggested cause of that requirement, I think we along, I will propound a unanimous accelerating rate reductions, the repeal will have to be more careful with how consent request within the hour to see of the corporate AMT—the alternative, we spend money in the domestic area if we might find an agreement on pro- and health coverage for unemployed where there is additional emergency cedure on the economic stimulus bill. I workers through individual insurance spending such as this. You can’t nec- would propose, as I suggested to Sen- markets. They also suggested extend- essarily keep spending without some ator LOTT yesterday, four amendments ing unemployment benefits. They sug- consideration for emergencies. on a side. I am not wedded to that. If gested the tax rebates. They proposed I suggest the absence of a quorum. people have a desire to offer more bonus depreciation and fiscal relief for The ACTING PRESIDENT pro tem- amendments than that, we could do States. pore. The clerk will call the roll. that. But we have to get this ball start- Several weeks ago we began consid- The legislative clerk proceeded to ed. ering, well, how can we move this bill call the roll. I am concerned, frankly, about re- forward? The suggestion was, let’s just Mr. DASCHLE. Mr. President, I ask ports I have received overnight that take the common elements in the two unanimous consent that the order for there are some on the Republican side circles, the overlap you see here on this the quorum call be rescinded. who want to slow walk this bill, who chart, and consider that as sort of the The PRESIDING OFFICER (Mr. ED- don’t want to bring it to closure, who, base proposal that might be used as a WARDS). Without objection, it is so or- for whatever reason, have decided now way to move the bill forward, while not dered. that we are on this bill that they don’t denying Senators the right, of course, f want to have a vote on final passage to offer other ideas, other suggestions, CONCLUSION OF MORNING until perhaps 2 weeks from now. Keep if the requisite 60 votes on points of BUSINESS in mind, we are not in session next order can be acquired. Wednesday. Some have suggested that So that is really what is before the The PRESIDING OFFICER. Morning we should not have a vote on this bill Senate right now. We have taken a business is closed. until after the State of the Union Mes- House vehicle, the adoption tax credit, f sage—that is Tuesday night—which and we are amending the adoption tax HOPE FOR CHILDREN ACT means we then wouldn’t be able to credit procedurally with this proposal complete our work until the following as a way in which to allow Senators to The PRESIDING OFFICER. Under week. begin the debate on economic recovery. the previous order, the hour of 10 a.m. I know of all the cries and anger and The CBO has provided a real service having arrived, the Senate will now re- the anguish expressed by some for the to us over the last couple of weeks, and sume consideration of H.R. 622, which fact that we were not able to complete I don’t know if all of our colleagues the clerk will report. our work on the economic stimulus bill had the opportunity to see it. If they The legislative clerk read as follows: last December. How ironic it would be have not, I urge them to take a look at A bill (H.R. 622) to amend the Internal Rev- that some of those who have criticized it. But the CBO made an evaluation of enue Code of 1986 to expand the adoption the stimulative impact of all of the credit, and for other purposes. the inability to come to some conclu- sion would now be responsible for de- proposals I have just listed here in Pending: laying it even further. these circles. The stimulative impact, Daschle/Baucus amendment No. 2698, in the I hope that is not the case. I hope we obviously, is a very significant factor, I nature of a substitute. can get an agreement that will allow believe, on what it is we decide we The PRESIDING OFFICER. The ma- us to reach some procedural conclusion want to offer for economic stimulus. jority leader. so we can complete the substantive The payroll tax holiday offered by Sen- AMENDMENT NO. 2698 work on this bill prior to the end of the ator DOMENICI is one of the provisions Mr. DASCHLE. Mr. President, I ap- week. that had the biggest bang for the buck, preciate the opportunity that we now Let me briefly lay out exactly what according to the CBO. Of course, we have to revisit the question of eco- it is we are suggesting. Two circles on suggested that that might be a compo- nomic stimulus. This was a conten- this chart depict virtually all of the nent, but because there isn’t agree- tious debate before we ended the First proposals that have been made by ei- ment on it, unfortunately, it certainly Session of the 107th Congress last De- ther Republican or Democratic Sen- doesn’t fit into this common ground cember. Over the course of the last sev- ators, and oftentimes Members of the proposal at this point. I would have eral weeks, of course, we have made an House, with regard to economic stim- supported it. I still do. But that has a effort to try to find what I call ‘‘com- ulus. Democrats have proposed increas- large bang for the buck. Additional tax mon ground’’ in an effort to expedite ing unemployment benefits, adding un- rebates have a medium bang for the the consideration of economic stimulus employment compensation coverage buck according to the CBO. and to move this process forward. for part-time workers and recent hires, We are proposing in this common I don’t have a calendar in the Cham- and providing affordable group health ground proposal the tax rebate for ber at this point, but I remind my col- coverage for the unemployed. The job those who didn’t get any help the first leagues that we have very little time creation tax credit for businesses was time. Temporary investment incen- between now and the Founders’ Day re- also something that we felt would go a tives, such as the bonus depreciation cess to do all of the work that Repub- long way to addressing the need to —again, that is a medium bang for the licans and Democrats have indicated is stimulate the economy from the busi- buck—better than some, not as good as important to both our agendas. Both ness side. others. That is also in the common caucuses have indicated a strong desire We also supported extending the un- ground proposal. So you have two of to deal with economic stimulus, a employment benefits for 13 weeks, tax the items in the common ground pro- strong desire to deal with election re- rebates for those who didn’t get them posal, according to the CBO, that have form, a strong desire to finish the farm the last time, the bonus depreciation a medium bang for the buck, medium bill, and, certainly, a strong desire to that would accelerate the depreciation stimulative value. deal with energy. My hope is we could on investments in business, and then Look at what the CBO said about ac- deal with all of those pieces of legisla- the fiscal relief for States. celerated rate cuts. They said it had a tion prior to the Founders’ Day recess. States are very concerned that bonus small bang for the buck, and a cor- In order to do that, we have to maxi- depreciation, in particular, is going to porate AMT repeal falls into the small mize the use of every day. cost them about $5 billion. They are category, very little stimulative value. We have 2 days this week. We have also concerned that the Medicaid costs Now, this isn’t a Democrat position, only 2 days next week because of the are going up dramatically. So the fis- this isn’t an analysis made by one of Republican retreat. Then we have 2 cal relief for States is something that my staff; this is the Congressional weeks following that to complete our has been the subject of a number of Budget Office which has provided the work on all of the bills I have just men- very urgent letters to us from Repub- analysis. So, again, if we want to do tioned. lican and Democratic Governors alike. what we say we are doing here—provide S54 CONGRESSIONAL RECORD — SENATE January 24, 2002 some common ground on stimulative came mostly as a result of September political spectrum in the Senate. That proposals that have the most effect— 11 terrorist attacks. And then what fi- is why we call them centrists. They according to the CBO, some of the pro- nally happened was just before we ad- worked out a bill with the White posals in here, such as tax rebates, journed. A White House-centrist pack- House. The White House said the Presi- bonus depreciation, go a long way. age that was put together by mostly dent would sign the bill. The bill re- Let me address the unemployment Republican and Democrat centrists, ceived a favorable vote in the House of benefits as well because that, too, is working with the White House, was a Representatives, and here we are. something I think we ought to say bill that passed the House of Rep- I would like to get back to where we something about. The CBO didn’t ad- resentatives before the bill came here left off before the holidays, so I am dress that question, but the CRS did. to the Senate. Then in the closing days going to spend my time this morning The Congressional Research Service of the Senate, prior to adjournment for before other speakers come to the said: the holidays, the bill did not come up Chamber to speak on this very impor- Extending unemployment compensation is, on the floor of the Senate. tant issue of why the bipartisan White in fact, likely to be a more successful policy So we are back here now, afterwards, House-centrist stimulus package ought for stimulating aggregate demand than to a point where we are dealing with to still be the package before the Sen- many other tax/transfer changes. Individuals something that is still very important ate, even more so than the amendment who are unemployed and who are not or will to help dislocated workers and to help about which the distinguished majority not be receiving unemployment benefits are leader just spoke and why it should much more likely to spend additional in- bring the economy back from the re- cession caused by September 11, the pass the Senate, although I sensed in comes than, say, higher income individuals the majority leader’s statements that who receive tax cuts. war on terrorism, and the attacks he is willing to look at things beyond That is in a memo provided by CRS against America. I emphasize again that where we his proposal—at least I hope I inter- to Senator BAUCUS last fall. preted that right—so that we can get Mr. President, I simply say again, if ended up before Christmas was the House of Representatives passing a bill something to the President. we are serious about moving this for- I hope somehow our debate can per- ward, let’s take those proposals that that had been worked out by, I think for the most part—and I hope I am not suade him to come back to what we analysts and economists have said have have: a bipartisan White House-cen- stimulative value. If we are serious unfair to the House of Representatives on this—by a group of centrists in the trist stimulus plan that was before the about finding compromise, what could Senate because we know that it has possibly be wrong with taking the pro- Senate, made up of both Republicans and Democrats, who came up with a passed the House, and all it has to do is posals that both sides had in their ini- pass the Senate and the President will plan that had White House support. tial proposal as a way with which to at sign it and these 800,000 unemployed The President said he would sign it. least get to conference? This is a ticket workers who do not have health insur- You never know for sure until you take to conference. Then we can have an- ance, if they have exhausted their first a vote, but it looked as if this White other debate about what ought to be in 26 weeks of unemployment, will still House-centrist package would have had the bill. That is what we are doing have unemployment compensation. here. I just hope our colleagues will in the low fifties—but a majority of the I am going to start with some discus- recognize that and will recognize how Senate—to pass the Senate, if it had sion of the tremendous commitment to limited a timeframe we have to address been able to be brought up. displaced workers that the White this issue and move this legislation for- We were not allowed to bring it up House-centrist stimulus plan has in it. ward. and discuss it. That is a decision, under The plan’s unemployment insurance So I am asking my colleagues on the our Constitution, that the majority proposal represents what I consider a other side, let’s come to some agree- leader can make. I may find fault with very unprecedented commitment to ment on amendments procedurally, the decision; I do not find fault with dislocated American workers and, in let’s come to some agreement on his right to do that. the end, probably may be something, if amendments substantively, but let’s Now on the second day we are back one looks at long-term solutions to the come together. Time is wasting. I don’t in session in the new year, this bill has problems of uninsured, to help unin- want to see this bill slow-walked, or been brought up. The sad commentary sured people as well. see this legislation languish on the is we are 1 more month into the reces- I start with the fact that it provides floor for days, when we can do this and sion, 1 more month of 800,000 people un- an additional 13 weeks of unemploy- move on to other things that need to employed because of the September 11 ment benefits to eligible workers. Re- be done sometime very soon. terrorist attacks, and a lot of people member that about 10 percent of the I thank the Chair and my colleagues. who used to have health insurance do unemployed people use up to 26 weeks. I yield the floor. not have health insurance and dis- Maybe that is even higher than 10 per- The PRESIDING OFFICER. The Sen- located workers are not being given the cent now because of the recession. ator from Iowa is recognized. help the bipartisan White House-cen- There is always a need for some more Mr. GRASSLEY. Mr. President, our trist stimulus plan would have given unemployment compensation for some status is, am I right, that we are on the them. Also, we do not have those tax people. We do not always respond to Finance Committee bill, the tax bill incentives that will stimulate the that with an additional 13 weeks. We before us? economy. are doing it because there was a calam- The PRESIDING OFFICER. The As the distinguished majority leader ity on September 11 which has speeded Daschle amendment No. 2698 is pend- just said, there are certain tax rebate up the unemployment index as a result ing. plans the CBO said would be of help in by 800,000. Mr. GRASSLEY. Mr. President, I stimulating the economy. There are We have an estimated 3 million un- think my colleague from South Da- certain accelerated depreciations that employed workers who would qualify kota, the distinguished Democrat lead- were in the bipartisan package that for benefits averaging $230 a week. er, has made it very clear where we are would help the economy. So, effec- These benefits would be 100-percent compared to where we were before tively, we have lost 30 days, and people federally funded. Christmas. Let me repeat that we had who needed help are not getting the The bipartisan White House-centrist been working on an economic stimulus help. plan would also transfer an additional package in various ways for several I am glad to be back here, though, $9 billion to State unemployment trust weeks, most of it not here on the floor and I am glad the majority leader has funds. This transfer would provide the of the Senate but in small groups, and taken the initiative of bringing this States with the flexibility to pay ad- different groups, and bipartisan groups, issue up. Hopefully we can get an ministrative costs, provide additional and partisan groups, to come together agreement to pass a bill and get it to benefits, and avoid raising unemploy- to see what we could get to get through the President. ment taxes during the current reces- the Senate—a stimulus package—and I need to reiterate that we had a bill sion. the need for it was directly related to worked out by a group of Democrats Consider the bipartisan White House- the downturn in the economy that and Republicans in the middle of the centrist commitment to providing January 24, 2002 CONGRESSIONAL RECORD — SENATE S55 health care for dislocated workers. lot in this bipartisan White House-cen- Some of their proposals have merit, This commitment goes further and trist proposal that can immediately, some of our proposals have merit, but wider than any other proposal, and it when the President signs the bill, help not enough to get 60 votes. So why do gets more help to more people more the 800,000 workers who are unem- we not do those things we agree on? quickly than any other proposal. ployed because of the September 11 ter- The answer is not blowing in the wind. It commits over $19 billion, out of the rorist attacks on America. The answer is the minority does not total package of about $100 billion, to We ought to get the show on the want a stimulus package to pass prior health insurance assistance. This is road. It should have been done before to the State of the Union Message next over six times as much money for tem- Christmas. It is not too late to do it Tuesday. It is as simple as that. porary health insurance assistance as right now. I hope people would study So no matter how much good faith provided under the original stimulus this proposal that has been developed Senator DASCHLE might show, no mat- proposals. by a group of people in the center of ter how much common sense Senator The bipartisan White House-centrist the Senate, both Democrats and Re- DASCHLE may pronounce, the fact is it plan takes a three-pronged approach to publicans, and move this bill along. We appears they are not going to let us do get health insurance to people in need. have 50 votes for it, and if people will anything until after next Tuesday, First, the plan provides a refundable, study, I think we will even get a much which is too bad. advanceable tax credit to all displaced higher percentage. I attended a meeting at the White workers eligible for unemployment in- I yield the floor. House yesterday with the President, surance, not just those eligible for The PRESIDING OFFICER. The Sen- Senator DASCHLE, and the Republican COBRA. The value of the credit is 60 ator from Nevada. leadership. Statements were made, and percent of the premium. The credit has Mr. REID. Mr. President, in politics, there was a lot of feel-good stuff about no cap and is available to individuals like everything else, common sense ‘‘we need to work together,’’ and we do. for a total of 12 months for the next 2 dictates what is sensible and reason- But winks and nods are not the way to years, including 2001 to 2003. able and really what people should do, pass legislation. The way to pass legis- The individuals can stay in their em- and common sense in this debate indi- lation is to agree on things we agree on ployer COBRA coverage, or they can cates the two sides, Democrats and Re- and move forward with that. choose policies in the individual mar- publicans, should separate what they As far as the things we do not agree ket that may better fit their family’s do not agree on and move forward on on, Senator DASCHLE has suggested needs. This only makes sense because what they agree. yesterday and on several occasions, let we should not lock people into one Senator DASCHLE has offered a very us come with the package he has sug- straitjacket of health insurance which reasonable approach to stimulating the gested and have each side offer amend- under some proposals would be just the economy. He has said the Democrats ments, two amendments, three amend- COBRA approach because sometimes have certain things they want that the ments, four amendments. We could these policies are too expensive for Republicans will not support. The Re- complete those by week’s end. Cer- people to keep. I say that even with the publicans have legislation they want to tainly we can do it by the State of the 60-percent subsidy that we would pro- initiate that we will not support. There Union date. vide. I assume we could go one step fur- The bipartisan White House-centrist are things we both agree on, Democrats ther. It was even suggested we put time proposal also includes a major new in- and Republicans. There has never been surance reform to protect people who any question about the fact there are limits on each of those amendments, have had employer-sponsored coverage certain things we agree on. an hour or 2 hours on each amendment. and go out into the private market for Senator DASCHLE outlined four But, no, we waited. The Republicans the first time after being laid off. The things we agree on. As an example, ex- held a conference yesterday evening bipartisan White House-centrist pro- tending unemployment benefits. Ev- starting at 5:30 and it went for a couple posal makes COBRA protection avail- eryone agrees we should do something of hours to determine whether they able to people who have only had 12 to help the unemployed. If we want to should proceed on the suggestion of months of employer-sponsored cov- stimulate an economy, give money to Senator DASCHLE that we go forward erage rather than 18 months under cur- people who have no money and they with what both parties agree on. rent law. By doing this, we greatly ex- will go out and spend it on things, and Now maybe there should be more pand the group of displaced workers that is stimulative. stimulus to this economy than that, who cannot be turned down for cov- Now we are in a situation where we but at least it would be something to erage or excluded because of a pre- are being told: Of course, we agree on start with. Think of the unemployed as existing condition. those things, but we do not want to go an example. Think also of the small The new 12-month standard is espe- forward with it. And I say, why? businesspeople who could really use a cially important to people with chronic With all due respect to the Repub- depreciation allowance that was bigger conditions who have difficulty getting lican leadership and the people on the and broader than the one now. That is affordable insurance. Republican side, maybe there is a game one of the things everyone agrees on, The second prong of the White House- being played called a ‘‘blame game.’’ In but yet they are waiting in the wings. centrist bipartisan proposal is $4 bil- yesterday’s Daily Monitor, which What about States who are desperate lion in enhanced national emergency comes out actually in the evening, the for Medicare help, why are we not grants for States which can be used to publication reports they had a con- doing something there? Everybody says help all workers—not just those eligi- versation with Senator LOTT. we should do it. Well, I am sorry to say ble for a tax credit—pay for health in- A paragraph out of the Daily Monitor it is because of the wink. We are going surance because they have become un- reads: to stall things until Tuesday night, and employed. Lott predicted many amendments would be then the President can come and speak The third prong of the proposal in- offered. Asked whether that would mean de- on national television and say, why can cludes $4.3 billion for a one-time tem- bate would likely last through next Tuesday, Congress not get together and give us a porary State health care assistance the day of President Bush’s State of the stimulus package? payment to States to help bolster Union Address, Lott said it might, paused, I say to the American people, I say to those States’ Medicaid Programs. We then winked. the people in my State of Nevada, we are seeing almost all 50 States in trou- Those people were saying there was a could have a stimulus package in the ble with their Medicaid Program be- lot of laughter after his wink. next day or two if we go forward on cause of the recession. As we know, the Bush is expected to propose his own stim- this proposal to agree on what is Medicaid Program is an important ulus plan in the speech. agreed upon by everyone. There is no safety net program for low-income That is what this is all about. This is dispute. No one is coming and saying workers and families of disabled work- what it has been about for a long time. we do not agree on those four things ers. We are trying to come forward with a that Senator DASCHLE wants. Every- I yield the floor now to other col- stimulus package that helps the Amer- body agrees on those. What they are leagues, but I suggest that we have a ican people. unwilling to do is to take away the fact S56 CONGRESSIONAL RECORD — SENATE January 24, 2002 that President Bush has already writ- certain things we thought would be dent wanted and stick it in there. That ten his speech and he has a paragraph very effective in stimulating the econ- means we have a bipartisan, lowest or two long paragraphs, about the omy, and the President said no. He said common denominator package. Why country being in an economic strait that while he agreed with us that cut- can’t we just pass this little bill? At and we need a stimulus package, and ting the capital gains tax and making least we both agree on it. why will Congress not work with him the tax cuts permanent and doing As the assistant majority leader said: to get a stimulus package. things of that sort would really help to Maybe there should be more stimulus I could help write that speech be- stimulate the economy and protect in the bill. Indeed, there should be cause that is what it is going to be jobs, he was not going to propose that more stimulus in the bill. There is only about. I do not think I need to help in his package because now that we are one item in the bill that provides any write the speech because it has already in a time of war, he believed that he kind of stimulus to the economy, only been written and they do not want to had to act in a bipartisan way to pro- one item, the accelerated deprecia- change any words of that speech. They mote unity among our leaders in Wash- tion—which we still don’t know the de- want to proceed and try to come up ington, and to get both Democrats and tails of—that provides investment in- with a political advantage in saying Republicans to quickly agree on a centive to protect and create new jobs. the Democrats, led by Senator package we can pass in Congress and he It is clearly not a stimulus package. DASCHLE, will not allow them to go for- could sign into law. That is what is However, by defining what we have ward on a stimulus package. I am say- needed for the American people. He agreed upon as what you have agreed ing that is untrue. It is unfair. It is un- said, I am going to propose a package upon, they have tried to hijack the realistic. that includes a few of the things that President’s proposal and recharacterize Common sense dictates we should go Republicans think are good ideas to it as something it is not. It is not forward with a program that everyone stimulate the economy and a few of the something we have agreed upon. The agrees we should go forward with, cost- things our friends on the Democratic President would never have proposed ing about $70 billion. It would be $70 side believe should be in such a pack- just the items in this bill and said, that billion worth of stimulus that would be age, and I will present that in a bipar- is good enough for me, it is a balanced reciprocated numerous times and help tisan way. package. the economy. He did that on October 4 and 5. There It is designed to provide benefits to The PRESIDING OFFICER. The Sen- were ideas that represented the main people who are unemployed. That does ator from Arizona. themes of both political parties. Re- not stimulate the economy. But the Mr. KYL. Mr. President, I will take a publicans had primarily asked for a re- President believed that was important few minutes to explain what I think is peal of the corporate alternative min- to do. At the same time, it included really going on. There is an old saying imum tax, acceleration of all marginal limits that would actually provide that if you let me define the terms of income tax reductions, and accelerated more incentive for investment—that the debate, I will win the debate every enhanced depreciation. Those were the critical element of capital that is need- time. That, I think, is what the major- kinds of things that Alan Greenspan ed to spur the economy and protect and ity leader and the assistant majority and others who came before our Fi- create jobs. leader are trying to do today. They are nance Committee said would help stim- The Democratic leader has said: suggesting, with a straight face, that ulate the economy and get over what Fine, I will take one part—the part I the proposal is agreed to by both sides, he defined as an ‘‘investment reces- like—say we have not agreed on the so why should we not proceed with it sion.’’ In other words, businesses were rest, and define that as a bill upon and who would want to amend it? not doing enough to make capital ex- which we have all agreed. It reminds Well, it is not agreed to by both penditures. These kinds of provisions sides. Let us get back to the definition. me of the old saying: What is mine is would help provide the incentive for mine, and what is yours is up for grabs. Something that is called an agreement, those capital expenditures. that both sides have agreed to the pro- Democrats had called for other They basically pocketed what the visions of, would seemingly be some- things: Payments to nontaxpayers who President was proposing as a com- thing that could pass very quickly, and were not part of the rebate program promise, a bipartisan proposal, taken that would not be amended. from the original tax cuts of 2001, an the part they liked, rejected what they So why are those of us on this side of extension of unemployment insurance, did not like, and then said: Why not the aisle saying, ‘‘Wait a minute, you and grants to States for health benefits bring that to the floor and have a vote are trying to hijack the President’s for displaced workers. on it? After all, it was part of what the stimulus package, redo it the way you The President said: I will take those President proposed. Exactly. It was want it, and still characterize it as three components that our Democratic ‘‘part’’ of what the President proposed, something that we agree with?’’ We do friends supported, I will take the three but not, importantly, the part that not agree with it. components that some Democrats and would stimulate the economy. What happened is after September 11, Republicans support, and I will put I am all for helping those who are un- whether the economy was beginning to them together in a bipartisan bill in employed. The President made a big improve by then or not, it was clear the hope we can quickly, in a unified, point of wanting to help those who are the events of September 11 were driv- bipartisan way, enact this package for unemployed and therefore to extend ing our economy down, especially in the benefit of all Americans. the unemployment benefits. However, I the travel and tourism area but all By the way, the House quickly passed think we all agree, people would rather throughout the economy. Large and a version of what the President pro- have a paycheck than an unemploy- small businesses both were beginning posed, but not exactly what he pro- ment check. This bill does virtually to suffer. People stopped traveling. posed. The majority leader in the Sen- nothing to stimulate the economy, to They did not invest as much. Busi- ate said no. protect jobs, and to create new jobs. It nesses were not investing as much. The Let me fast forward, before going would be a sham. President very quickly called for a pro- through the rest of the history, what When the minority leader yesterday posal that would stimulate the econ- the majority leader and the assistant said, you bet it will take beyond next omy and protect and create new jobs. majority leader have talked about this Tuesday to get this right, all he was That was the essence of his proposal, morning, something they call a lowest doing was stating a fact that, without to protect jobs and to create new jobs. common denominator package, some- amendments to this bill which provide In fact, he was able to put together a thing to which both sides agree. They real stimulus, of course we could not, program and propose it on October 4 have defined it that way. What they with a straight face, vote on this bill and 5, about 3 weeks after the Sep- have done is take the things from the and call it a stimulus package. Of tember 11 event, and he called upon President’s original proposal that they course, the President is right next Congress to join him in this effort. wanted and said: We agree to those, so Tuesday to urge us to do what he asked Some of us on this side of the aisle that is our package. By the way, we us to do in early October, throughout were urging the President to propose will take one of the things the Presi- the month of October, throughout the January 24, 2002 CONGRESSIONAL RECORD — SENATE S57 month of November, and then Decem- bring Democrats on board—and also, in been heaped upon those who prevented ber, until we finally went home on De- my personal view, as a means of get- us from getting a stimulus package cember 22 without having acted on a ting some of the special interests on voted on, passed, and sent to the Presi- stimulus package. board on the bill. dent. The American people are not The economy is still not doing very For example, the Commodity Pur- happy with the status quo. I think they well. People are still out of work. What chase Program, and expenditures for understand with the President that we the President is going to be asking is things such as soybeans, pumpkins, should have done something a long to please get on with the job of enact- snap beans, rum, tuna—all kinds of time ago but that it still is not too late ing a bill and to not redefine this by things—special tax credits for Amtrak, to try to help our economy. People simply taking what you like out of his almost all of which have virtually continue to be laid off around the coun- proposal and recharacterizing that as a nothing to do with getting the econ- try. We have to help them, not only by lowest common denominator agree- omy going again as a result of the Sep- temporarily extending their unemploy- ment upon which we both agreed. tember 11 events, but all of which were ment benefits but, as I said before, to I see the distinguished majority lead- designed to bring more people on to get them a paycheck and not just un- er is here. Before I conclude my re- support the bill. employment checks. That means pro- marks, let me make this statement. I Needless to say, that bill could never viding the capital for investment that think the proposal he has made here pass. It was voted out of committee on will create the jobs that will put them treats the President in a very unfair a strictly party line vote and obviously back to work and get the economy way. I know the President was trying did not pass before the end of the ses- moving again. to reach out to the other side, to in- sion. The President, in an effort to try That is what the President proposed clude things the other side wanted, and to move this thing along, kept encour- today. It is what the second House pro- that he wanted, in an effort to be bi- aging us to develop a bill that could posal did. It is what, at least to some partisan, in an effort to try to get this pass. The House passed another bill extent, the centrist coalition proposal done quickly, so we wouldn’t be into which I thought was a much better bill would do, and it is necessary that we next year, the year 2002, when we fi- than the first bill they passed and get on with that job. nally passed a stimulus package. I do much more along the lines that some What is before us today is not that know for a fact, he left things out I of our colleagues on the Democratic kind of proposal. What is before us would have liked to have seen in there. side were proposing. Still, that bill did today is not a compromise. What is be- I don’t think the distinguished major- not come before the Chamber. fore us today is not something that has ity leader probably would have liked Finally, in desperation, in mid-De- been ‘‘agreed to’’ by both sides. It has them very much. The President knew cember, a group of Democrats and Re- been characterized by our colleagues that. He didn’t want to have a highly publicans in the Senate—the so-called on the other side of the aisle as moving partisan bill. He didn’t want to have a centrist group—got together and devel- forward on what we agreed on. That is particularly controversial bill. That is oped a proposal that they thought a mischaracterization. As I said before, why he proposed a balanced package. would at least be an approach to stim- it is taking some pieces of the bipar- I think it takes unfair advantage of ulus as well as taking care of unem- tisan proposal the President suggested, the President, in his offer to be bipar- ployed workers and be representative pocketing those, and saying: Well, we tisan and to try to get this done quick- of the compromise that might bring both agreed on that. We are going to ly, to just take the part you like and about the President’s agreement, and reject the rest of what you proposed, say, that is the part we agree with, we which they could then propose to the Mr. President, but since you proposed reject almost all the rest of it, but why Senate and get it passed. this as part of your package, we will not pass that? They took it down to the White characterize that as what we agreed Let me go back a little bit in time to House and met with the President. He on, and that is what we will vote on review what happened. After the Presi- said: OK, you have a deal. It isn’t what here. dent made his proposal on October 4 I originally proposed, but it is a great That is incorrect, and, as I said be- and 5, the House passed a bill. The Fi- effort at compromise, and I will agree fore, I think it is taking advantage of nance Committee, on which I sit, began to it, and I will agree to sign it; it is the President’s good faith efforts to try to work on the bill. By the way, re- passed. to move something forward with which member, the Finance Committee en- The President urged those of us on both sides could identify and which acted a bipartisan tax cut proposal ear- the Republican side of the aisle in the would have gotten the economy mov- lier in the year, so it is a committee Senate to lay aside the other things we ing back in October of last year. that has in the past and even began wanted to try to accomplish in this bill That is why on this side we have said last year working together in a bipar- in an effort to get this finished before we are happy to now have this stimulus tisan fashion to get things done. I we went home for Christmas—to agree bill on the floor. We can finally begin thought I could do that with the stim- to the centrist coalition approach the debating what is necessary to get this ulus package, taking the President’s Senator from Iowa, Mr. GRASSLEY, de- economy moving again, take care of proposal, perhaps modifying it, but try- scribed, part of which was in his re- the people who are unemployed today, ing our best to come up with some- marks earlier. and make sure we can get them back to thing that would be passed in a bipar- I also confess that I wasn’t enamored work tomorrow. That is the key. But in tisan and quick fashion. It turned out by some of the provisions of the bill. I order to do that, we are going to have that the Finance Committee was not thought it did far too little to stimu- to put something in this bill that actu- going to write the bill. It would be late the economy. But in an effort to ally provides stimulus and will help to written in a partisan fashion by just reach bipartisan compromise and get actually put more capital investment one party, not both. When the package this done before the end of the year, as into the system so jobs can be created finally came before the committee, I far as I know, virtually all of my col- and people can go back to work. thought it was interesting, I never leagues on the Republican side of the We can’t simply accept what has could figure out who claimed parentage Senate agreed to support that centrist, been put on the floor here, which, as I of it. bipartisan approach which the Presi- said before, has essentially no stimulus Several leaders on the Democratic dent said he would sign. effect in it. That is why we are not side said actually they didn’t write it, Still, the majority leader said no. In- going to agree to a process which and with good reason: It was not some- stead of taking that proposal up, we would terminate our ability to offer thing of which to be proud. It had $54 took up the railroad retirement bill, a amendments which we see as necessary billion in new spending; only $21 billion big agricultural spending bill, and to try to get this bill back to a more could be characterized remotely as some other items before we went home balanced kind of a bill and to try to stimulative measures. Out of a total of for Christmas and the New Year’s re- provide something that will actually $117 billion in the bill, it had $5 billion cess. We didn’t do a stimulus package. stimulate the economy. in extra agricultural spending, provi- Now, we come back in January after I will have more to say about this. I sions added in the dead of night to the recess when a lot of criticism has see some of my colleagues on the other S58 CONGRESSIONAL RECORD — SENATE January 24, 2002 side. I am, frankly, curious to see what The PRESIDING OFFICER (Mr. the object is not to delay. The object is their approach to this is, given the fact REED). Without objection, it is so or- to try to make sure we have a good it should be very clear by now that dered. bill. they can no longer characterize this as The majority leader is recognized. The PRESIDING OFFICER. Objec- a bill comprised of things we agreed Mr. DASCHLE. Mr. President, about tion is heard. upon, because we don’t agree to them. an hour ago I noted that we have a lot Under the previous order, the Sen- Three of the four items were in the of work to do in a very short period of ator from Minnesota is recognized. President’s package. In one form or an- time. We have talked jointly—Repub- Mr. NICKLES. Will the Senator from other, they were in packages we were licans and Democrats—about the need Minnesota yield just for a couple of willing to support as long as they were to do not only economic stimulus but minutes? accompanied by other provisions, but the farm bill, the energy bill, and the Mr. WELLSTONE. I will be pleased not standing alone. Standing alone, election reform bill. We have 2 days to yield. I will follow the Senator. there will be virtually nothing to stim- this week. We have only 2 days next The PRESIDING OFFICER. The Sen- ulate the economy. And I don’t think week. And then we have 2 weeks before ator from Oklahoma. we can with a straight face, therefore, the Founders’ Day recess. Mr. NICKLES. I tell my good friend say this is a job creation, stimulus I do not know how we can accommo- and colleague, the majority leader, his package. With the amendments we date all of those unless we can move request was to take up the bill he in- could propose, we could get them. If this legislation forward. We had troduced and have a few amendments our colleagues on the other side will be lengthy debates about the economic on it, and objection was heard on open minded about some of those stimulus bill for weeks in the remain- that—I think for good reason. But I amendments, I think we can get there. ing period prior to the end of the last will tell my friend and colleague, if the As a matter of fact, we have a couple session. majority leader is willing to take up of amendments ready to go. We will, I I suggested to Senator LOTT yester- the House-passed tax bill, I will work think, have majority support on the day that perhaps one way we could ex- with him to come up with a limited other side of the aisle. I regret that pedite the consideration of this bill, number of amendments and see if we probably it is going to take 60 votes to without any time limits, is simply to can’t get that passed in the next couple pass any amendment because of the get a limit on amendments. I have been of days. rules of the Senate. I am not objecting told there are some on the Republican So if he will modify his request, and to the rules. I understand those rules. side who would rather not complete But because any amendment is prob- instead of using the bill he introduced, work on this bill perhaps not only not ably going to take 60 votes, it will be to make that the House-passed tax bill, this week or next week but until the very hard for any amendment to pass. I will work with him to come up with week after. I hope that is not the case. As a result, we will probably be stuck an agreement to limit the amendments There is much to be done. As I said, with the bill that has already been laid and try to get it passed in a very expe- I think there is mutual advantage to down. dited fashion. But I think it will be interesting to getting it done. So I indicated about an I yield the floor. I just wanted to let see whether a majority of our col- hour ago that I would propose a unani- my colleague know that. leagues will actually agree to certain mous consent request that would sim- The PRESIDING OFFICER. The Sen- proposals such as that offered by the ply recognize the facts I have just stat- ator from Minnesota is recognized. centrist coalition. That should suggest ed. I am not wedded to the particular Mr. WELLSTONE. If the majority there is a bipartisan way to proceed amendment limit I have suggested in leader wants to respond, I will with- here. this unanimous consent request. I am hold for the majority leader. I just hope my colleagues on the going to be proposing we limit amend- Mr. DASCHLE. I thank the Senator other side of the aisle will agree that in ments on either side to four each. That from Minnesota. that circumstance, if at least a major- would accommodate Senators on either I will be brief. Let me just say, the ity of the Senate is willing to vote on side who may wish to add to this com- whole purpose in this exercise is to find a compromise package that will have a mon ground package I have suggested. common ground. If this isn’t the com- stimulative effect, we have an obliga- They can offer a substitute. They can mon ground, I am willing to entertain tion to get this done for the sake of the do any one of a number of things. If any amendment that might be viewed American people sooner rather than four does not work, I am happy to en- as better common ground. But we later and that maybe we could work to- tertain an alternative number. But we know that whatever common ground gether and accomplish this result with- have to start with something. So that proposal we find has to attain at least out too many more days having is my intention. a 60-vote threshold. elapsed. UNANIMOUS CONSENT REQUEST We know the House-passed bill will I will have a little more to say about Mr. President, I now ask unanimous not reach a 60-vote threshold. We know this in the future. I hope very much consent that there be four first-degree the Democratic proposal will not reach that we can over the next few days get amendments in order for each leader or a 60-vote threshold. So simply to take to a point where we can pass a bill, go their designees to the pending matter; up a bill that we know will fail does to conference with the House of Rep- that if the Senate passes H.R. 622, as not get us any further along. resentatives, and quickly present the amended, then the Senate immediately The whole idea, as I said at the be- President with a bill that will get peo- turn to the consideration of H.R. 3529, ginning, is to seek some compromise ple back to work in this country and the House stimulus bill; that all after that would allow us a 60-vote thresh- get our great economic engine moving the enacting clause be stricken and the old. So we are still waiting. We are still forward full steam ahead. text of H.R. 622, as passed, be sub- searching. We are still hoping we can The PRESIDING OFFICER. The Sen- stituted in lieu thereof; the bill be read offer amendments in the effort to ac- ator from Minnesota. commodate that goal—a 60-vote Mr. WELLSTONE. Mr. President, I a third time and passed; the Senate in- ask unanimous consent that I be able sist on its amendment, request a con- threshold. So I appreciate the kind offer of the to follow the majority leader. ference with the House, and the Chair The PRESIDING OFFICER. Without be authorized to appoint conferees. Senator from Oklahoma, but I think he objection, it is so ordered. The PRESIDING OFFICER. Is there knows, as I do, that isn’t going to get Mr. REID. Mr. President, I suggest objection? us where we need to go if we are going the absence of a quorum. Mr. KYL. Mr. President, I object and to complete our work on this bill. The PRESIDING OFFICER. The just note that I do so on behalf of the Mr. DORGAN. Will the Senator from clerk will call the roll. minority leader as well as myself. I South Dakota, the majority leader, The assistant legislative clerk pro- note there is no intention to delay. If yield? ceeded to call the roll. we could pass the bipartisan Centrist The PRESIDING OFFICER. The Sen- Mr. DASCHLE. Mr. President, I ask Coalition amendment and not have a ator from Minnesota controls the time. unanimous consent the order for the point of order raised on that, we could Mr. DORGAN. I ask if I might inquire quorum call be rescinded. have this done by this afternoon. So of the majority leader. January 24, 2002 CONGRESSIONAL RECORD — SENATE S59 Mr. WELLSTONE. Please. jority leader was saying. I will be very workers and working poor are eligible Mr. DORGAN. I just listened to a honest. I was listening to him pro- for unemployment insurance and that rather lengthy discussion by the Sen- pound this unanimous consent request, they get better benefits. And col- ator from Arizona about where we are and I was thinking: We are talking leagues from the other side will have and how we got here. He characterized about four provisions. I don’t know other amendments. the position of the majority leader as how any Senator can disagree with any Let’s be very clear about this. This is having been unwilling to compromise of them: The tax rebates, the business one big, gigantic stall. The whole idea on virtually anything at any time for relief—we can go over all of them—the is, let’s just put it off. Let’s not move any period of time. That, it seems to State stimulus which is critically im- forward. It is just one big coordinated me, is at odds with what has happened portant for Medicaid, and the extension political strategy. Maybe it is a great in the last couple months in relation to of 13 weeks of unemployment benefits. political strategy. But from the point economic recovery or the stimulus Then I think the request was saying of view of people back home, it is not. package. there would be two—how many amend- I heard my colleague from Arizona— I wonder if the Senator from South ments on each side?—four amendments and this is the last thing I will say Dakota could respond to those rather all together. about the past; then I will look forward lengthy comments about his so-called Mr. DASCHLE. No. No. If the Senator from today on—about how we didn’t do failure to compromise on these provi- will yield, let me make sure everyone the work before the break and how the sion. understands the proposal. The proposal Democrats didn’t do this and didn’t do My observation, I would say, has was that either caucus have a min- that and there was no ‘‘stimulus plan.’’ been that the majority leader has been imum of four amendments to offer in If my memory serves me correctly— willing to compromise on virtually all addition. So there would be amend- again, the Senator from Arizona might of these provisions in order to try to ments to the package proposed as the not agree—indeed, we had an economic reach an agreement. But despite those common ground vehicle. recovery plan. There were 53 votes or compromises, there has not been any Mr. WELLSTONE. So what I was maybe 54 votes, and it was blocked on budging on the other side. thinking about was: Look, I can think a procedural point. Some would view it Could the Senator from South Da- of a number of amendments I would as filibuster. We didn’t get 60 votes. We kota, the majority leader, respond to want to do alone, which would extend had a plan. There were some Repub- the assertions we have just heard from unemployment benefits beyond 13 licans who supported it. It was terribly the Senator from Arizona? weeks, which would bump up the bene- important, and it was blocked. Mr. DASCHLE. Unfortunately, I was fits, which would increase the eligi- Now my colleagues are just dying to not in the Chamber when the Senator bility. What about health care assist- bring over the House measure. I can’t from Arizona made his remarks, so it ance? I am thinking that might not be remember whether it has the big Enron would be difficult for me to comment enough. bailout money in it now or not. Frank- specifically. But if that is the tenor of But then I was thinking: Look, here ly, the House of Representatives tried the comment made by the Senator, let is what we agree on; and then Senators so hard to reach back to the mid-1980s me simply refer him to my opening re- from both sides of the aisle can bring and get as many billion-dollar or half- marks today which I made about an other amendments to the floor. And I a-billion-dollar breaks to this large hour ago. am sure the distinguished Senators company or that large company or this I had a chart that showed, in a circle, from Oklahoma or Wyoming have other family with an income over $500,000 or the proposals made by the Republicans ideas. So do several other Senators. this family with an income of $1 mil- and, in a circle, the proposals made by And then we just move forward. We lion, I can’t even remember all they the Democrats. There is an overlap of have amendments. We vote on them. were trying to do. those two circles. We are all accountable for our votes. With all due respect, ‘‘Robin Hood in The list of items in that overlapped But we do the work of democracy as reverse’’ tax cuts with 50 percent plus part of the two circles is what we have opposed to one big, gigantic stall, of the benefits going to the top 1 per- before us. They are not word for word which is what we are actually experi- cent, not even scheduled to take effect identically proposed. They are dif- encing right now. That is what this is for a couple of years, much less giving ferent. The concepts are different. about. $1 billion here and $1 billion there to a I appreciate the senior Senator from I simply want to say that, to me—I different multinational corporation, Minnesota helping me with my visual keep struggling to do this. I keep Enron at one point in time included— aids, handing me this chart. On this struggling to connect all this sort of that may be too embarrassing to do chart is shown the common middle strategy and tactics with people’s lives any longer—I don’t think it has a heck area which comprises several issues back home. Sometimes it is hard to do of a lot to do with economic recovery. that are common to both Republican it. We get here and get so caught up in Economic recovery is the here and and Democratic proposals. now. Economic recovery is how you We both have proposed unemploy- how we are going to get it done. help people who are flat on their backs. ment benefits. We both have proposed The majority leader is trying to Economic recovery is how you help tax rebates. We both have proposed move this forward now. But I will tell people consume. Economic recovery is bonus depreciation. We both have pro- you, there are so many people who are Keynesian economics. Economic recov- posed fiscal relief for States. flat on their backs through no fault of Mr. NICKLES. Will the Senator their own. They are running out—if ery is how you have a stimulus that yield? they have not already—of unemploy- really jump starts the economy now. Mr. DASCHLE. As I said, they are ment insurance. They do not have any Economic recovery is strategic invest- not identical, but the components are health care coverage. ment in the economy to get the econ- found in both bills. If that isn’t the def- The States are in a world of trouble omy going, not ‘‘Robin Hood in re- inition of ‘‘compromise,’’ I honestly do right now in terms of their own budg- verse’’ tax cuts, not $1 billion here or a not know what is. ets and Medicaid costs. We could pass half a billion there for this big com- All I am suggesting is, we take that this. And maybe there will be some pany and that big multinational cor- as the base vehicle and use it as the amendments that will be introduced on poration, not even scheduled to take subject for whatever amendments Sen- both sides that will improve upon this. effect right now, having nothing to do ators wish to offer. So that is really Political truth is elusive. with getting the economy going right the issue. My guess is the definition of ‘‘im- now. The Senator from Minnesota has provement’’ of several of my colleagues But I will tell you what it does do. been very kind with his time. I appre- from the other side might not be my We will see a lot of this over the next ciate him yielding to me. definition. I will have amendments. I couple of weeks. What it does do is as- The PRESIDING OFFICER. The Sen- will want to make sure that families sure a huge, ideological victory for ator from Minnesota. can afford to purchase health insurance Senators who believe that when it Mr. WELLSTONE. Mr. President, I for themselves and their loved ones. I comes to the most pressing issues of just will build on what I think the ma- will want to make sure that part-time people’s lives, there is not much the S60 CONGRESSIONAL RECORD — SENATE January 24, 2002 Government can or should do which, by ment? Are we going to get anywhere don’t have models by which we can the way, is a great philosophy when near full funding? Are we going to get judge what happened in the past and you own your own large corporation. It anywhere near the resources from the therefore project what might happen in doesn’t work for the vast majority of Federal Government back to our school the future. This is a new global econ- families and working people in our districts, including what we promised? omy that operates and behaves in ways States. No. that are different than perhaps rep- If we go forward with what my col- And now my colleagues want to add resent our conventional understanding. leagues are talking about—and I cer- even more ‘‘Robin Hood in reverse’’ tax I know my friend from Minnesota tainly would love for us to go forward; cuts, going to the top 1 percent big mentioned that our colleague from I would like for this unanimous con- multinational companies. That means Texas, who is in the Chamber, came sent request to be accepted—we will we have no resources. That is what it is from a background of teaching eco- start with what Senator DASCHLE has all about. If you don’t think we should nomics, I believe, in college. I, too, offered. I don’t think very many Sen- be doing much by way of education and briefly taught economics in college. I ators are opposed to any of these provi- you don’t think we should live up to like to say that I have gone on, none- sions. The Senator from Oklahoma is. our promise of prescription drug bene- theless, to overcome that experience In which case, we will have debate. fits for the elderly, building on to and lead a reasonably productive life. Then we will have an up-or-down vote. Medicare, and if you don’t think we The field of economics is not much Then there will be other amendments. should do anything about the crisis in more than psychology pumped up with And all of that will work out. affordable housing, I argue to the a little helium. We have all kinds of But the other part of this is, with all Chair, who does so much work in edu- economists in this country who will due respect, I think what is happening cation, that affordable housing is be- give us their best guess of what has here right now is, it is about more than coming the second most important happened and what will happen. But economic recovery. That is part of it. educational program in the country. nobody really knows. This is a big, gigantic stall. My col- When 8-year-olds are moving two and We have heard suggestions from re- leagues from the other side of the aisle three times a year because their fami- spected economists in America, Nobel don’t want to move forward on this lies can’t afford housing, it is real hard Prize winners no less, that we have an economic recovery package. We could for them to do well in school. economy that is in a recession; that we move forward. We have a minimum of I could go on and on because, frank- have rather substantial overcapacity in four amendments on each side. We de- ly, it is going to all go on and on. You this economy, and the most effective bate them, and we vote on them. And are going to see it when it comes to the way to jumpstart this economy is to do people back home hold us accountable. commitment to transportation infra- the kinds of things that represent a In addition, what we can agree on, we structure. Veterans are going to ask, boost in consumption. This morning, agree on, which will provide at least what happened to them; how come peo- one of my colleagues talked about in- some help for people and maybe even ple are not saying this to them any creasing business investments. Perhaps some help for the economy. longer, above and beyond the Fourth of there is a need for some of that. But I am not sure actually whether or not July parades? Across the board, that is most economist will tell you that dur- we have anywhere near enough of an what we are going to see. ing a time of recession, when you have economic recovery package here, but I We are heading for a huge debate overcapacity, the quickest way to sure would like to start with what we where the differences make a dif- jumpstart an economy is to boost con- agree on. I would sure not like to see ference. That is fine with me. It doesn’t sumption. this stalled out. need to be done. The Senator from What menu of plans has been intro- The other agenda I want to speak on Oklahoma came by. We shook hands, duced that would do that? One of my for a minute or two is this gigantic had a good time. I like to mix it up concerns is that there is almost no stall today in the context of trying to with people. It is my nature to like room to be critical of a plan these days add on to the tax cuts which are going people. But we will just have the dif- because if you are critical, somehow to bleed this economy. The truth is, all ferences. you are taking on the President in an this discussion, CBO analysis about The Senator from Texas is out here. unfair way. deficits and where we are going, not He knows what that is about. That is I gave the response to the President’s only raises questions about the sur- fine. It will be an intellectually honest radio address a couple weeks ago, and I plus, but you are going to see it in the debate about the role of government, received a letter from a guy who said President’s budget plan. You will see a about pressing issues in people’s lives, he was listening and almost drove off budget plan that basically is going to about priorities, about where we make the road when he heard me. It was a say, forget the commitment to fully our investments, about how we raise shrill, partisan letter. Some of us re- funding IDEA, kids with special needs, money, about who we support, about ceive those periodically. My response and helping out schools and education how we invest in the economy, about to the radio address—about the first in our States. what we do for our children, about one-third of it was about what a out- That is all I am hearing about back whether or not we protect the environ- standing job this President has done in Minnesota. When I go to the school ment. All of these issues can be de- prosecuting the war against terrorism. board meetings, 1,000 people show up at bated and should be. I complimented him and Secretary a time. The surpluses are gone. Teach- What I am little bit skeptical about Powell and Secretary Rumsfeld and ers are being eliminated. Class sizes now is just a big stall. This isn’t like a others. I talked at great length about are going up. Afterschool programs are big debate. This is a big stall. That is that. being eliminated, huge fees for co-cur- what my colleagues on the other side Then I said, on the subject of eco- ricular activities, be it music or ath- of the aisle are about right now. nomic recovery, that we have dif- letics, on and on. And people are saying I yield the floor. ferences. I talked about those dif- to me: PAUL, thanks. The Senate did a The PRESIDING OFFICER. The Sen- ferences. I debated the differences in pretty good job on this, a real good job, ator from North Dakota is recognized. policy. Norman Vincent Peale once bipartisan, voted for full funding for Mr. DORGAN. Mr. President, I lis- said: Most people would rather be ru- kids with special needs. It would have tened with interest today to my col- ined by praise than saved by criticism. been $2 billion more for our State over league from Arizona, and now my col- There is nothing, in my judgment, the next 10 years. It would have made league from Minnesota, on this subject that injures this country by having a a difference. It would have been $45 of economic recovery. This is a criti- full-scale debate break out on some- million this year. cally important subject. This is not the thing that represents important public It was blocked by House Republican normal run-of-the-mill policy that we policy. leaders, blocked by the administration. debate here in the Senate. Our econ- Let me talk a bit about some of the I do no damage to the truth. That is omy is in some trouble, and I am not ideas that have been brought forward what happened. Do you think now we sure any of us quite understand how on the subject of economic recovery. In are going to get more of a commit- much trouble. It is a new economy. We my judgment, the goofiest idea, if I can January 24, 2002 CONGRESSIONAL RECORD — SENATE S61 use that term, came from the House Now, we asked 11 of the leading That is why this provision at the Ways and Means Committee. We just economists in this country what we very least ought to be embraced by ev- had a colleague suggest that we start could do to give this economy a boost, eryone immediately. with that bill here on the floor of the what would really promote economic Mr. President, I will make one addi- Senate. The proposition is that we go recovery. Virtually every single one of tional comment. If politics was hot air, back to 1988 and provide tax rebates to them said this: If you extend unem- there would be enough to lift this large corporations for the alternative ployment benefits to those who have building. I understand all that. But, minimum taxes they paid over the last lost their jobs during an economic frankly, on both sides of the aisle, we 14 years. Somehow that is represented downturn, that money is immediately have men and women of good faith who to be a piece of economic recovery pol- spent by those who receive it because really want to do the right thing. Let’s icy. they need it. They need a helping hand try to find a key today to unlock this That is not going to promote eco- during tough times. When they are and find a way for Democrats and Re- nomic recovery. It doesn’t have the down and out, they need a hand. They publicans, conservatives, liberals, and foggiest thing to do with economic re- will spend that money immediately. moderates to understand that we all covery. It has everything to do with That is exactly the kind of help that live in the same country. We all live on writing a very big check to some of the stimulates the economy. That is what this same spaceship Earth. We are all biggest corporations in this country. we have done in every economic down- Americans, and we want what is best They paid tax under what is called a turn in the last 25 years. for our country. ‘‘minimum tax’’ because in the 1980s we It is not disloyal to break out in open So that is a provision the majority decided we didn’t want to have compa- debate about one policy or another, but leader brings to the floor today that nies making billions of dollars in net at the end of the day, we must com- says: Look, the President says he sup- profit and paying zero in taxes. We promise. We must find a way to reach ports that; we support that. Let’s take thought there ought to be some min- common agreement in ways that will that provision and pass that provision. imum at least. That was the propo- help the American economy. I hope Three additional provisions represent sition. that is the case. But, of course, the House Ways and the same approach—common provi- Let me finish as I started. I think Means Committee, on which I used to sions agreed to by virtually everyone. this President deserves the praise of serve, wrote a bill that said, by the He says let’s move that which we can the American people and this Congress way, let’s provide rebate checks to all move, allow people to offer amend- for many things in recent months. I those companies that had to pay min- ments to it, but let’s not drag our feet think the leaders of this Congress—my imum taxes dating back to 1988, such any longer on these issues. Let’s have colleagues, Senator DASCHLE and Sen- as IBM. We will give them a $1.4 billion some movement and action to try to ator LOTT—deserve praise in many check. Ford Motor Company—give give the economy a lift, with policies ways for a lot of the things they have them a billion-dollar check. that we know and which economists done to bring us together to deal with Does anybody think that will pro- tell us will help this economy recover. the threat to our country. I want to mote economic recovery in this coun- We talked a great deal in this Cham- provide the same kind of praise to all try, when we are in a recession and ber about policies in kind of an anti- of us for coming together—the Presi- have overcapacity in the economy. No, septic way. There is not much about dent, yes, Senator LOTT and Senator that is just a giveaway. I will not real people and the effect of policies on DASCHLE—to reach agreement now on apologize to anybody for having pas- real people. Just take one of those an economic recovery package. sion about public policy and saying, 400,000 people who, in October, had to What the majority leader has pro- when somebody recommends doing tell their family they had lost their posed makes good sense to me. He said something that will increase the def- job, or one of those 400,000 people, in we have all kinds of plans out there. icit, that augurs against the interests November, who had to tell their fam- Let’s take that area where those plans of the average American citizen and ily: I have lost my job, but it wasn’t intersect and we have reasonably com- will do nothing to help the economic my fault. This economy is in a reces- mon agreement. Let us move those and recovery but will enrich those who sion. then come back and see if we can reach don’t deserve that by giving them re- It was in a recession prior to Sep- agreement on others, or take those bates for taxes they should have paid— tember 11, and then those two air- areas of common agreement, offer minimum taxes, not regular taxes. No- planes that ran into that World Trade some amendments to them, and see body deserves an apology from those of Center and murdered thousands of in- where the votes are and then move for- us who say that makes no sense; that nocent Americans. That act of terror ward. won’t help this country. and mass murder cut a hole in this What the majority leader has pro- So we have a debate about those country’s belly and created additional posed makes good sense. I hope others kinds of policies. I use that just as one victims. They are people who lost their will embrace it today. example. My colleague, the majority jobs because this economy continued to In the end, I am not interested in leader, said let’s take those areas of slow down even more following those what is good for the Republican or the intersection between what the Presi- terrorist attacks. So those people came Democratic Party or the President or Congress. There is not a Republican or dent and others have proposed, and home at night to say to their families: a Democratic way to go broke. There is where there is common ground, let’s I have lost my job, my ability to make not a Republican or Democratic way to offer that, have amendments to it, and a living. pass it. lose your job. It is not a partisan thing One area is extended unemployment It is said that the unemployment to have to tell your family that you benefits to those who have lost their rate is 5.8 percent. For someone who lost your job yesterday. jobs. Two months in a row, we have had goes home having to tell their family This is not about politics. It is about news that 400,000 American people have they have lost their ability to make a whether we are going to do the right lost their jobs. So 400,000 additional living, their unemployment statistic is thing for the American people. Yes, for Americans came home from work one 100 percent. They have lost their job. businesses, many of which are strug- night and had to tell their families That is pretty tragic for families to gling, and especially for families, many that they got a notice that they had have to explain to others that they no of whom have received the news of a lost their jobs. longer have a paycheck coming in. In job being lost in an economy that has Do you know who most of them are? most case, these are hard-working turned sour. Most of them are families who know Americans. They are at the bottom of What can we do to help this econ- about second shifts, second jobs, sec- the economic ladder, scratching and omy? A lot of the problems of this ondhand, and second mortgages. These clawing and trying very hard to move country we have talked about in recent are the families at the bottom of the up and do well for their families. days will be solved by a growing econ- economic ladder, and they know about In a recession, in an economy that omy that provides opportunity and these things. They are the first to lose turns sour, it almost always injures hope once again to families, to work- jobs in a recession. them first. ers, and to businesses. S62 CONGRESSIONAL RECORD — SENATE January 24, 2002 It is interesting, there is one story on your small business or your family not allow it to be considered, even going around about a corporation that farm that you built up; if you die 9 though clearly a majority of Members failed in this country. That is a trag- years from now, you face no death of the Senate—Democrats and Repub- edy as well. But it is always the case taxes; and if you die 10 years from now, licans—were for that bill. when we see these situations, somehow the Government takes 55 cents out of That is the way the last session those at the top end up doing real well every dollar you have earned in your ended. We are now in the new session. and those at the bottom end up losing lifetime and takes it away from your Senator DASCHLE approached our lead- their shirts. family, often forcing people to sell ership and said: I am willing to bring In many cases, that is what happens their small business or sell their fam- up a stimulus package. But he was not in a recession as well. I hope we can ily farm. willing to bring up the stimulus pack- understand that as we grapple with the What do you think people think age the President proposed. He was not questions of how do we pass legislation about the prospects that if you die in 9 willing to bring up the stimulus pack- that gives this country’s economy a years, you pay no death tax, but if you age the bipartisan coalition proposed. chance to survive and how do we give die in 10, the Government takes 55 What he wanted to do, in essence, was American families and businesses some cents out of every dollar you earn? I, to take the provisions from the Presi- hope that tomorrow will be a better quite frankly, am concerned as to what dent’s proposal that he agreed with, all day, that they understand the Amer- is going to happen in that ninth year, of them in one form or another things ican economy will offer opportunities with the kind of perverse incentives we the majority of Democrats were for, for them again in the future. have created. and he wanted to bring that up. Mr. President, I yield the floor. I proposed to the President that we Now we are perfectly supportive of The PRESIDING OFFICER. The Sen- make this tax cut permanent. Sup- bringing that bill up. The majority ator from Texas. posedly, we intended it to be perma- leader ultimately can bring up any bill Mr. GRAMM. Mr. President, I want nent and I thought the stability that he wants to bring up, but our basic po- to begin by talking about the history would come from having that certainty sition is simple and straightforward, of how we came to where we are today. would help the economy. and I think anybody who is trying to Then I want to talk about where we go The President’s response was that we be objective about this will see it from here. had to come up with a package that makes sense. If we bring up the bipar- When it became clear that the coun- was going to be bipartisan and that he tisan bill that was put together by try was in a recession—in fact, before did not believe those policies would be moderate Republicans and moderate many people in Congress recognized accepted by our Democratic colleagues Democrats, I think within that context that we faced an emergency situation— and that they would become a light- we could have an agreement limiting the President started to talk about a ning rod in the debate. Obviously, I did stimulus package. The President met the number of amendments we would not agree with that, but the President with Democrats and Republicans. debate. Senator DASCHLE and others I remember a day I went down to came up with a proposal where over would have an opportunity to offer a visit with the President as he was so- half the proposal came not from rec- substitute or other amendments. Those liciting advice as to what should be in ommendations that Republicans made of us who might want to strengthen the a stimulus package. My advice was but from recommendations that Demo- package from an economic stimulus that there are two things we could do crats made. point of view would have an oppor- that would dramatically help the econ- The President, however anybody tunity to offer a couple of amend- omy and that during the recession not wants to criticize him, basically sat ments, and that would be it. That only would not cost us money, but in- down thinking that after September 11, would have been a reasonable and ac- credibly would probably put money in something had really changed. I re- ceptable proposal. the Treasury. Those two proposals—not member a colleague of mine sitting in The proposal the majority leader surprisingly, given that I made them— my office saying: After the 11th, things made, however, was to bring up a to- were to cut the capital gains tax rate have changed forever. I suggested that tally new bill, one-quarter of which— and to make the tax cut permanent. forever is a very long time. By Janu- giving money to the States—was never From the time of John Kennedy, in ary, the things that had changed in in any of these other proposals I have each and every case where we have re- Congress about cooperation had pretty seen. The President did not propose duced the capital gains tax rate, we much changed back, unfortunately. that. The House did not adopt that. have encouraged people to more effi- But the President—and I say this as a Where that came from, I do not know. ciently manage assets, we have encour- great compliment to him—when he The point is: We have a bill before aged investment, and people have actu- wrote his initial stimulus package, the Senate, and my suggestion is we let ally paid higher taxes—at least in the tried to take Democratic ideas and Re- the Senate work its will; that we have short run and often in the long run—as publican ideas and come up with a bi- a series of amendments, a Democrat a result of those changes. partisan compromise that he thought amendment, a Republican amendment; It seemed to me then and it seems to might be adopted on a bipartisan basis. that we debate these issues. There me now that cutting the capital gains So the debate started, and the House clearly will be an amendment to ex- tax rate would be the cleanest, most ef- passed a bill. They passed it on a par- pand the accelerated depreciation part ficient, least expensive way of stimu- tisan basis. We had a debate in the Sen- of this bill. We have a bill before us lating the economy. In fact, for the re- ate, but nobody could get to the 60 that provides accelerated depreciation mainder of this recession that action votes necessary to pass a bill, and we for about 9 months. We had a proposal would almost certainly put money in had an impasse. initially for 3 years. There will almost the Treasury, not take it out. Then a series of our more moderate certainly be an amendment on that and In terms of making the tax cut per- Members—I was not a member of this it ought to be voted on. We have had a manent, what could be more desta- group—got together, Democrats and lot of debate about overturning the tax bilizing than having a Tax Code that is Republicans, and came up with a bipar- cut, not letting it go into effect. Clear- going to expire in 10 years? We tell peo- tisan proposal. That bipartisan pro- ly, I think we can provide some cer- ple about how we are cutting their tax posal basically picked and chose among tainty to investors and to consumers rates, we are eliminating the marriage various stimulus proposals that had by having the Senate go on record that penalty, we lowered the 15 percent been made. Based on the fact we clear- we are not going to overturn the tax rate, we will repeal the death tax, and ly had a majority of Members of the cut. yet everybody who has read the fine Senate who were for this bipartisan I personally believe we will benefit print knows in 10 years, because of a proposal that emanated from the Sen- the economy if we have the Senate budget technicality, the old Tax Code ate, the House of Representatives make the repeal of the death tax per- comes back and a massive increase in passed that bipartisan proposal in the manent. I would like to have a vote on taxes occurs in 1 day. waning hours of the last session. That it. I am sure there will be many amend- In fact, there is the absurdity that if proposal then came to the Senate. ments, or some amendments, on the you die today, you face one set of taxes However, Senator DASCHLE decided to Democrat side, but it seems to me that January 24, 2002 CONGRESSIONAL RECORD — SENATE S63 if one wants to make up their own pro- ductive activities. I do not understand sensus and adopt this bill. That would posal—and when they are the majority that. I know the proposal that was in be very beneficial if that were the case. leader, they have the right to do that— the bipartisan package and that was in I hope it will be the case. they have to recognize other people the Bush proposal that would accel- I yield the floor. may not support it and they will want erate the tax cut that is coming for in- The PRESIDING OFFICER. The Sen- an opportunity to present their ideas. dividuals who make more than $28,000 a ator from Louisiana. That is how the Senate rules work. year—that there was opposition to it. I Mr. BREAUX. I thank the Chair for If we had gone to something that had do not understand, if the objective is to recognizing me for a moment or two. I been agreed to by the majority of our get people to work and save and invest, will use a few minutes to talk about Members to begin with, I think we why no incentives are provided for peo- where we are on the question of eco- might have limited amendments, but ple who are working and saving and in- nomic stimulus. It is appropriate to now I think what we need to do is to vesting. say where we are is where we have simply start the process of offering So some will remember that when been. The phrase ‘‘been there, done amendments. I do not know how long this bill was presented yesterday, these that’’ comes to mind, and I think it is this is going to take. I do not think, two intersecting circles—the Repub- very appropriate. When we left for the quite frankly, it is going to take a ter- lican proposal and the Democrat pro- holidays, the recess that we enjoyed ribly long time. I think there are issues posal—were presented, and where the back home with our families, we left that need to be voted on. union of those two circles was, was the Senate in a situation where neither Finally, let me say we have a deficit. supposedly what Senator DASCHLE was side had a sufficient number of votes to We have a deficit primarily because we proposing. Well, it turns out a quarter move on something that was signifi- have a recession. The second largest of it I have never heard of before; and cantly important to the American peo- cause of the deficit has been the explo- that is, we have a bigger deficit than ple. It is clear we as a nation are in dif- sion in spending, most of which oc- all the States combined, but now we ficult economic times. I imagine people curred in the last 3 months of the Clin- are going to run a bigger deficit to give back home wonder whether Congress is ton administration. An increase of over them money. $120 billion in spending above the level I don’t understand it. What it really going to do anything about it. I wonder whether sometimes we have the capac- we set out in the bipartisan balanced looks like to me, looking at this so- ity to do anything about it because of budget agreement occurred in a 3- called stimulus package, is spending. the situation we find ourselves in. You look at the words ‘‘spending’’ and month period, with a Republican Con- It is interesting and important to ‘‘stimulus,’’ and the only similarity is gress. I am not only pointing at Bill point out that neither side has the Clinton. A Republican Congress and they both start with an ‘‘S.’’ ability to do whatever they want. We Here is my point and I will conclude: Bill Clinton had a spending orgy, the as Democrats do not control the White We can stand and talk about provisions likes of which I have not seen in al- House. We as Democrats do not control that were in old bills that nobody has most a quarter of a century in the Sen- the House of Representatives. We as debated in months. I could rant and ate. Democrats do not have the 60 votes in rave about stimulating the bison indus- The third thing is we have adopted a this body in order to accomplish things try. That was a provision dealt with tax cut of $38 billion. Altogether, we that we might like to do if the other and laughed out of the of the Demo- have had over a $300 billion decline in side insists on filibustering that effort. the surplus. Some of our colleagues say cratic version of the bill. I could taunt On the other side of the coin, it is the problem is the tax cut. But, that is my Democratic colleagues with it for- also important to note that the Repub- only about one-tenth the size of the ever, but what good would it do in this licans do not have the ability either to collapse of the surplus. debate? None. Bringing up retroactive do whatever they want in these areas. I know there are people on the Demo- provisions in the original House bill They, too, do not have 60 votes to push crat side of the aisle who would like to that have never been considered by the through what they think is an appro- raise taxes and to eliminate that tax Senate, that no Republican Senator priate remedy to the economic condi- cut. We certainly will have an oppor- has endorsed, that are not in the bipar- tions we find ourselves in. tunity to vote on that. But the bottom tisan consensus bill, I don’t think is It is, therefore, obvious, in order to line is, we need a stimulus package. We very productive, either. get anything done we will have to are in a recession, and every penny we The path we have chosen, quite reach some type of a middle ground or use to stimulate the economy we are frankly, I think is the hard path. If we an agreement that takes the best of going to have to borrow. That is a dol- had brought up the bipartisan bill, we both parties and puts them together in lar we are going to be taking away might have adopted it; it might have a package that might do something on from somebody who might have used it gone to the President and been signed. a positive note for the American people in another way. So if we are going to Instead, we brought up a bill nobody who are suffering a great deal because have a stimulus package, I think it is has ever seen. It will be amended, prob- of the downturn in the economy. very important it be a package that ably at great length. Then if it is It is true that the two parties have stimulates the economy. adopted, it will go to conference, where fundamentally different approaches on I find it incredible—some people there might be more mischief and the how to assess this. I have tried to com- might find it unbelievable, and in some potential of not getting a bill. If there pare it to the question of people who ways it is both—that if we look at the is an easy way and a hard way, we have make widgets and people who buy Daschle proposal that is now before us, decided, it seems to me, to do it the widgets. It seems appropriate to point if someone paid income taxes last year hard way. out that the other side tends to say if as an individual, they will get no ben- I think it is important to start the we are going to get this economy efit from this stimulus package. We amendment process. I urge my col- going, we will have to help the people give big tax cuts to people who do not leagues on both sides of the aisle, we who make the widgets. We will have to pay taxes. We have massive increases have a vehicle before the Senate. help the businesses that produce the in spending, but if someone paid taxes Whether Members are for or against it, products because they are not pro- last year; if they are working and sav- everybody claims—with the exception ducing at full capacity. We will have to ing and investing; if they are anybody of two or three Members of the Sen- help the companies that make the who is currently making the American ate—that they want a stimulus bill. We widgets. We have to help them with economy go and paying taxes in the have a proposal before the Senate. If bonus depreciation, and we have to process, this bill does not deem them we do not like it—and I don’t like it help them with net operating loss worthy of having a stimulus provision —we should offer amendments to it. I carrybacks. Those are some of the that would encourage them to work believe we will be ready, hopefully this ideas we have talked about. We will more or save more or invest more. afternoon, to begin that amendment help them with alternative minimum I do not know how the economy is process. It may be, as we start debating tax and remove that burden so that stimulated without providing incen- amendments, as we start voting on these companies can make more widg- tives for people who are engaged in pro- them, that we could yet form a con- ets. S64 CONGRESSIONAL RECORD — SENATE January 24, 2002 On the other hand, on my side of the who want to take care of the widget grow our businesses, that would be aisle, we tend to concentrate on those buyers are really interested in, like very important. These are the top peo- who buy the widgets and say it doesn’t health insurance for unemployed peo- ple in their industries. Telecommuni- matter how many companies make how ple—a very big issue and one to which cations and computer manufacturing many widgets. If you don’t have indi- I think there is an answer. I am willing are American companies. They said viduals able to buy the widgets, they to step aside and give that up in order that bonus depreciation would be very are not going to be able to sell the to get this process moving. But the important for them. widgets. Therefore, it is important for other side will have to also give a little I think the House said they are going economic recovery to do something for in order to get a package that can pass to do a bonus depreciation bill for 3 those actually trying to buy the prod- this body. years. The Senate said 1 year. Is there ucts who find themselves in an eco- Senator DASCHLE has said: Enough of not a number in between 1 and 3 on nomic situation of not being able to do business as usual. Let’s make the first which we could probably agree? Of so. important step toward getting some- course, I think that is an important in- We said, all right, we have a lot of thing done that can, in fact, help the gredient. people unemployed and we have to help people we intend to help. He has sug- Some of my colleagues on this side them with unemployment insurance, to gested that we have extended unem- said if you add it up—it is like the give them a longer period to try to find ployment insurance. That is impor- score for a football game. If you have a job. We will help those people who tant. We don’t know how long people three things the Democrats like and are without health insurance because are going to be unemployed. It is obvi- only one thing the Republicans like, they cannot be productive citizens if ous Congress will have to address this. that is not really fair. The bonus depre- they do not have health insurance for He does it in his proposal. And I add, ciation is part of the $69 billion. The 1- their children and families. We want to the other side has agreed on that. He year package is about $42 billion. do that. We also want to help the most says we will give some additional help One item that Republicans like—I like it, too—was the most expensive by unfortunate among us by making sure to people who did not get much help far of the four. It is $42 billion for we give them some benefits because the last time, and has proposed $14 bil- bonus depreciation with a 40-percent they did not receive those benefits dur- lion in rebate checks. ing the last tax cut. We do that by pro- The other side has said they could accelerated bonus depreciation for 6 viding $14 billion worth of rebates in support that. They said that before we months and 20 percent for the second 6 terms of direct grants to those individ- left for the recess. Some people say you months. It averages out to 30 percent. There is some flexibility. I think the uals. are trying to help people who do not majority leader indicated this is some- That is where we were when we left. pay taxes. Those people may not pay thing which is a good concept for the That was the Democratic position and income taxes, but they certainly pay that was the Republican position. Nei- widget manufacturers and for business payroll taxes. I am not sure if one tax and people who produce products in ther side had 60 votes. We come back is less painful than the other. If you this country. after the recess and we are right back are paying taxes, you are paying taxes. As has been referred to, we have a where we were: Been there, done that. Therefore, we ought to help those peo- centrist plan. I plead guilty to being a We can continue to do that and face ple who are paying taxes. The rebate part of that effort and will continue to each other off and blame the Repub- proposal is a common idea to which do so because I think it brings together licans for failure because they don’t both sides have essentially agreed. centrists in both parties to try to agree with us and listen to our Repub- We said we are going to help States. break the logjams in which we find lican colleagues blame us for failure The Senator from Texas was pointing ourselves far too often. because we don’t agree with them. out that Texas is in bad shape, as well We had a plan that addressed health They think they are right and we think as some of the other States. But States care needs. It is not in here. I wish it we are right. But outside the beltway have different problems and additional were. I think we suggested it in terms and outside Washington I imagine problems. We can, in fact, operate at a of a tax credit for unemployed people there are an awful lot of people who are manageable deficit on the Federal without health care insurance. It is an scratching their heads and saying: level, which I do not have problems incredibly positive thing that Demo- Look, these are grownups that we send with. We are in a position to help crats should embrace and run with. It to Washington and the job that we send States. The concept was to say, all is something that will eventually hap- them to do is to make government right, we are going help States with pen at some point. Some said: Your work for those who are not in govern- Medicaid by giving them a little bit plan only said the Federal Government ment. Unfortunately, what they see is more of a Federal share to help pay for was going to pay for 60 percent of the that in too many cases, we cannot sim- the health care of indigent people who cost of premiums for unemployed ply compromise to the point of agree- need the greatest amount of health workers’ health insurance. That means ing and getting something done. care of all. the poor worker would have to pay 40 Last year, Democrats filibustered the I think the proposal says we are percent of the cost of his premium, and economic stimulus bill. Republicans going to give a 1.5-percent increase in they probably can’t afford that. filibustered the farm bill. Neither side the amount of Federal money paid for Let us think of what the current sit- was able to accomplish anything in the purpose of helping Medicare. That uation is. Right now, unemployed peo- these two important areas. We can con- would allow States to do a better job in ple who lost their jobs can continue tinue to do that. We can continue to helping people who are sick and poor, their health insurance, but it is at take the position that we want to help and also perhaps give them some addi- their own expense—100 percent. You the people that buy the widgets, and tional money from the Federal share have to pay 100 percent of the cost of we are not going to move. And our Re- which they could use for other prior- the premium. For the very first time, publican colleagues can say, we will ities within the State. That is some- we were saying the Government should continue to try to help the widget thing that has been sort of a common pay 60 percent of the cost of that pre- manufacturers, and we will not com- idea that both sides have said in the mium. That is 100 percent more than promise. We can continue to make the past they could support. they pay now. arguments and continue to blame each Another thing in the Daschle pro- I think it is a movement in the right other for failure. But the end result is posal is something to help the widget direction. I think it has merit. I think the people that need the help do not manufacturers. it should apply to people who do not get the help they need. I had dinner last night with a group have a job and can’t afford health in- I commend very strongly the major- of high-tech chief executive officers, surance, whether or not they are a so- ity leader, Senator DASCHLE, who has who are some of the best and brightest called COBRA-covered person who had said, I will not continue in that vein. I in the country. Every one of them said: health insurance at their previous job. want to break this logjam. I want to If you could do something on bonus de- It is another subject, but I think we end this gridlock. What I am willing to preciation to help us buy new equip- ought to have mandatory health insur- do is to give up some things that those ment this year to help us expand or ance in this country. It is the best way January 24, 2002 CONGRESSIONAL RECORD — SENATE S65 to help solve the problem. That is It is incumbent upon us to try to tisan differences are outweighed by something about which we as centrists reach an agreement with which we can what is good for the Nation. felt very strongly. That is not in here. get to conference and let the con- I have to say, the only effort that has But am I going to say, because it is not ference work its will. I urge all of those had some traction, the only effort that in here, I will not support this pack- who say we have to have it just like I has made some sense in this regard is age? Of course, not. like it or we are not going to have it at the effort of the majority leader. I am Let me move towards concluding my all—that approach on both sides of the sort of confounded by the many at- remarks by saying what Senator aisle does not help the people we were tacks upon him. This is a man whom DASCHLE has done is create a strategy elected to help. I think they are sort of we all know well. These editorials and and a process that will allow us to get getting wise to the ways of Wash- things like that do not comport with to the next step. We can continue to ington. I want to change their think- the real TOM DASCHLE who is somebody stop everything we do and continue to ing. I want to give them the encourage- who always goes out of his way and not let anything else come up the rest ment to say Congress can at times takes that extra step for a compromise. of the year until we craft a package in work out difficult problems with posi- I do not like every piece of the pack- the Senate to which 100 percent of the tive solutions, with both parties reach- age he has put forward. I wish there were other pieces that could be in people can agree. If we take that ap- ing out to each other, recognizing that there—I will talk about one in a proach, we will not get anything done, we have to give a little in order to get minute—but I certainly think both not only on the stimulus package, but a lot. sides of the aisle should be on their feet we don’t do anything else in the year. Senator DASCHLE’s proposal in fact applauding the effort, the effort to We don’t do an agriculture bill or any- does that. It is a good proposal. It is thing else important, such as an energy break the logjam and get us moving. not the final proposal. It is not the Let anyone who starts saying that bill, or any other high-priority item. It final answer to this difficult problem of TOM DASCHLE is ‘‘Mr. Partisan’’ or is absolutely critical that leaders are economic stimulus. But at least let us able to say we are going to make some ‘‘Mr. Obstructionist’’ look at the ac- move one step down the line in order to tions that have occurred in this Cham- moves here. We want to make this Sen- try to reach an agreement that can ac- ate function as it should. ber today and look for the one Senator, tually be something everybody can be of the 100, who has stepped forward and I think what Senator DASCHLE said proud of, and, even more importantly, was, I am going to offer a streamlined said: Here is a basis for compromise. I get the job done for those who need the am not just saying it has to be my way. package. We give up a lot of things help. that we would like to see in it. The I am not just saying why I don’t like I yield the floor and suggest the ab- what the other side or another Senator other side will have to give up a lot of sence of a quorum. things they would like to have in this does, but rather here is a place where The PRESIDING OFFICER (Mrs. we can meet pretty much in the middle bill. But let us at least get this pack- CARNAHAN). The clerk will call the roll. age through the Senate, take the com- of the road. The assistant legislative clerk pro- I think I speak on behalf of many of mon ideas and pass it, and do it today, ceeded to call the roll. my fellow Senators and many millions tomorrow, but do it, and quickly, in Mr. SCHUMER. Madam President, I of Americans in thanking Majority order for us to get to a conference with ask unanimous consent the order for Leader DASCHLE for trying to bring us our colleagues in the other body. That the quorum call be rescinded. together, for trying to create com- will be a very difficult conference be- The PRESIDING OFFICER. Without promise that can move us forward, for cause their bill is far different from objection, it is so ordered. trying to give us that basic centerpiece ours. It is far different in emphasis. It Mr. SCHUMER. Madam President, I we can then use as a way to get a stim- is far different in costs. It is far dif- see my friend from Oklahoma, the mi- ulus package done and add other pieces ferent in whom it attempts to help and nority whip, is in the Chamber. I will that are necessary. how it attempts to help them. But we try to be no more than maybe 6 or 7 I mention to my colleagues one piece have to get to conference if we have minutes. Would that be OK, because a that I believe is necessary to add. I any hope of reaching a conference Democrat spoke last? know we have been apart for a little agreement. This strategy allows us to I thank my friend from Oklahoma. more than a month. Every one of us do that. Madam President, I would like to ad- went back to our State and back to our I would say to the conferees that it dress two issues. The first is this stim- family. I, for one, was glad to be home doesn’t do them any good if we get to ulus package of the majority leader, every night with my girls. I was glad to that point and bring it back to the Senator DASCHLE. be in my State seeing everybody and House or the Senate with things in it Let me just say, in a town that is touching base with them. But as you that are not going to be adopted. I will wracked by partisanship, and where may remember when we left—I believe take half an apple rather than no apple the differences often seem insurmount- it was December 20—we were very close at all. I think if you can’t get every- able, only one person has cut through to passing a bipartisan House-Senate thing you want, you get as much as that to try to come up with a com- compromise to help Lower Manhattan you can in an agreement and then save promise that is not going to make ei- with certain kinds of tax breaks that the rest for a later date. But last year ther side or any Senator 100-percent would encourage businesses to go down we got nothing. The people who were happy but is the basis for moving for- there, that would encourage businesses unemployed last year still do not have ward and getting a stimulus package. to stay there. It was worked on by Sen- health insurance. They still have not That person is Majority Leader ator BAUCUS and Senator GRASSLEY. It received any rebate help or assistance DASCHLE. was worked on by Congressman THOM- from the Federal Government. They I cannot heap enough praise on the AS and Congressman RANGEL. We were still have not received any health in- majority leader for this effort. We almost there. But at the last minute, surance or extended unemployment in- know our economy is squishy. Every because we were doing things in the surance benefits. What they got was an one of us goes back to our community final moments, people said they needed argument. As I said before, you can’t and we hear of layoffs, of consumer un- a little more time to study it. take an argument to the grocery store certainty. We hear people are afraid First, let me discuss the need. It is and buy food. They do not accept that. the next 6 months will be considerably urgent. Even though we lost close to 30 You can’t walk into a store and say: I worse than the present, and they are million square feet in downtown Man- need to buy groceries for my family looking to Washington for leadership, hattan, we have many businesses that this week, and, by the way, I will pay not only for a stimulus package in left and are unwilling to come back for it with the promise that Congress terms of the number of dollars that it yet. Businesses—large and small—were will do something to help me in the fu- will put into the hands of people and scratching their heads and saying: ture. It doesn’t work that way. We ac- businesses, but also for a sign that we Does downtown Manhattan have a fu- tually have to get something done. Ar- can work together to give them a sign ture? guments don’t buy food. Blame does of confidence, a sign the stewardship of Our Governor and our new mayor are not buy groceries. the economy is in good hands and par- rapidly putting together plans to try to S66 CONGRESSIONAL RECORD — SENATE January 24, 2002 figure out how to rebuild downtown his desire to bring up the New York from the Washington Post that said Manhattan. But the question on City package. I requested earlier that that not only did we pass the legisla- everybody’s lips is: Will the kind of we take up the House-passed tax bill tion that my colleague and friend from very necessary tax breaks to bring that has a New York package in it. We New York alluded to to provide tax re- businesses back to downtown Manhat- are having a debate right now as to lief for the victims of the New York tan—given the fear factor and given ev- what should be the underlying bill. and Virginia disaster but also the erything else that has occurred—be So people understand, I suggested Oklahoma City disaster, so they forthcoming from Washington? that we take up the House-passed bill. wouldn’t have to pay taxes in the year This is not a partisan issue. We have That would be the logical thing to do. 2001 or in the year 2000 for this recent had support from both sides of the If we are going to pass a stimulus pack- 9–11 tragedy, but also in Oklahoma it is aisle. This is not even a bicameral dis- age, the House has already passed it. I for 1994 and 1995. pute. The House has passed a bill al- told the majority leader I would work The Washington Post said we also ready. I certainly give the White House with him to come up with a finite list passed the $5 billion package of bene- credit for being amenable to a com- of amendments, a mutually agreed- fits. That wasn’t accurate. promise. upon list of amendments or number of Mr. SCHUMER. If my colleague will All I can speak to is the necessity. amendments, and work to pass it. He yield, if it were only so. The attack on the Twin Towers on Sep- wasn’t agreeable to that yet. Maybe a Mr. NICKLES. I understand. tember 11, of course, is still with us. It little later he will be. Instead, he want- Looking at the package that the ma- was not an attack on downtown Man- ed to come up with a list of amend- jority leader has introduced, there is hattan or even New York State. It was ments he thought were mutually agree- only one thing that anybody could re- an attack on all of America. able. motely say is really stimulative. There It would be an admission of defeat— I don’t think there is a consensus on are four elements to the majority lead- we have had such success overseas—if a list of amendments. I will just go er’s package, one of which deals with downtown Manhattan does not rise up, over a couple of them. accelerated depreciation. Then there rebuild itself, and be revitalized. What The underlying bill I wanted to take are three others that would fall into could be a stronger message to the ter- up had New York in it. I will tell my spending categories. rorists of the world, to the anti-Ameri- colleague from New York, this amend- Some people say it is rebates of tax cans of the world, to those who hate us ment does not have New York in it. cuts, $14 billion; people who didn’t get for our very freedom, than if downtown That doesn’t mean I agree with every- anything from the tax cuts. They Manhattan rises anew like a phoenix? I thing that is in the House bill; I don’t. didn’t get anything because they didn’t can tell my colleagues without these So if we start with that as the package, pay taxes. Anybody who paid Federal tax breaks it is going to be hard to do. I will probably try to make some income taxes got a tax cut of $300 for I have spoken to Senator CLINTON. changes and some deletions to the individuals, $600 for a couple. We have We will be working very hard to get House bill. already done that. What we didn’t do is these breaks passed, hopefully, as part I look at the package the majority give tax cuts for people who didn’t pay of the stimulus package; and if there is leader wants to bring up, and I say: taxes. That is the proposal pending. no stimulus package, then in some Wait a minute, where is the beef? Some people say everybody has other way. I hope all of my colleagues Where is the stimulation? There is no agreed with that. I don’t agree with it. will be supportive. We need the help. assistance for New York. I am looking I don’t think it is good policy for us to All of America has admired the brav- at the bill that was just introduced go out and borrow $14 billion to have to ery of the victims’ families, many of yesterday. I am almost amazed. I heard pay over $1 billion a year in interest whom the President graciously invited one of my colleagues say Republicans basically to hand out money and call it to the White House yesterday—the fire- are filibustering this bill. We are not a tax cut when they didn’t pay taxes. I fighters, police officers, and rescue filibustering this bill. We didn’t object find that objectionable. Maybe I am workers, and just average New Yorkers to bringing it up. unique in that way. Maybe the major- who rose to the occasion. We now need A bill we have never seen before is ity will pass it. That may well be. It to back up our admiration with real now pending on the floor of the Senate. did pass the House of Representatives. help. The future of downtown and We could have asked for it to be read. I don’t think it is good policy. I think Lower Manhattan depends on what we We could have asked for a vote on the it does spend $14 billion. It does add do in this body in the next month, the motion to proceed. We didn’t do any of that much to the deficit, to the House having already acted. that. We wanted to take up and pass a amount of national debt. I urge my colleagues, if they have stimulus package. But we would also We don’t have a surplus anymore. any questions about the compromise like to know what is in it. And just for Some people say it made sense last proposal that has been put together, if elementary purposes, we would like to year when we were distributing the they have any changes they seek to have it stimulate the economy. We surplus. But to me, it doesn’t make make, if they have any objections to would like to have it create jobs. sense today. I don’t think that should any of the small parts of it, please let I looked at the package the majority be in the package. So not everybody us know ahead of time. At the end of leader introduced. It fails in that re- agrees with everything in the majority December 21, when we were very close gard. leader’s package. to passage, many of my colleagues I will go through the various ele- It has the extension of unemploy- came to me and said: Look, I am very ments in this package for my col- ment compensation. That will increase sympathetic. I just want a little time leagues. spending and will not stimulate the to study it. Mr. SCHUMER. Will the Senator economy. It also gives the States $4 or Well, now we are in studying time. yield? $5 billion. I am sure they would be very But soon it will be time to act. Mr. NICKLES. I am happy to yield. appreciative of that. States are going Again, I plead and beg with my col- Mr. SCHUMER. I thank the Senator. through some difficult times; so is the leagues to make sure that we don’t I don’t want to get into any disputa- Federal Government. I don’t know if hold up this package so necessary for tion about the underlying package. The this is the right time for us to be im- downtown Manhattan’s survival, so Senator was very helpful to us in the plementing a new revenue sharing ap- necessary to send a concrete message final moments of the session last time proach. that we are not going to let the terror- about getting a New York package. I The House has done it. Now it is ists destroy any part of our country. thank him for that and hope we can being proposed by some on this side. I yield the floor. work together in whatever comes out Maybe the votes are there. We may The PRESIDING OFFICER. The Sen- to get a New York package done early find out. I am not particularly excited ator from Oklahoma. this year. about it. I am not sure it is the right Mr. NICKLES. Madam President, I Mr. NICKLES. I appreciate my col- thing to do. Some people would easily appreciate the comments of my col- league from New York. I will tell him say we are taking money out of the So- league from New York. He mentioned I read with interest today an article cial Security trust fund and giving it January 24, 2002 CONGRESSIONAL RECORD — SENATE S67 to the States. I am not sure that I suggest, why don’t we take up the thing and didn’t get it done. It is unfor- makes good sense to do that either. House-passed stimulus bill and amend tunate to try to blame the other side. If we look at those three proposals, it? We can go through the regular order I would like to see us take up a pack- extending unemployment compensa- and have amendments. I will help him age that would, hopefully, be agreed to tion, that costs money, it is a spending get a limitation on amendments. Or we by Democrats and Republicans, work program; $14 billion in checks to people don’t have to have that; we can just on it, amend it, improve it, pass it, who didn’t get checks last time, but take it up, debate it, amend it, and send it to conference, and see if we they didn’t pay taxes last time, so basi- pass it. That would be the regular can’t get a bill out of conference in the cally a spending program for $14 billion order. I don’t want anybody to say the next couple of weeks to create jobs. to low-income people for last year; and Republicans are filibustering. I am If we are not going to create jobs, then a new program to give the States ready to amend Senator DASCHLE’s pro- let’s not do it. We don’t need more ex- some money, maybe calling it Med- posal. But I think we ought to take up cuses to spend money. We are spending icaid, maybe calling it revenue shar- the House-passed bill. Then I will work a lot of money. The President is com- ing, basically contributing, I believe, with him to come up with language. ing up with a budget proposal that has under Senator DASCHLE’s proposal, But to say we have a consensus bill and more money for national security, de- about $5.5 billion. The House passed $4 call it stimulus—when three or four fense, and homeland defense. We spent billion. Those are the three spending elements of the bill are spending provi- a lot of money last year. We don’t need proposals, and then the accelerated de- sions, and the one thing that might be excuses to spend more money and use preciation. considered stimulative—accelerated the guise of a stimulus bill with the Accelerated depreciation is the only depreciation—doesn’t last long enough. title of a stimulus bill. thing that anybody could say legiti- Senator BREAUX suggested a com- This bill that Senator DASCHLE intro- mately is going to give incentive to promise of 2 years. That would be a lot duced, in my opinion, fails the test. It create jobs. Looking at this proposal, I better than the 6 months I have seen has the title: ‘‘To provide incentives have heard people say the House-passed for the accelerated depreciation. 4 or 5 for economic recovery, and for other bill had 30 percent depreciation for 3 months have already gone by since purposes.’’ The other purposes are years, 30-percent accelerated deprecia- September 11. There is not much time ‘‘let’s spend more money,’’ because it tion. That means if you have 100-per- left. There is not much stimulus to this does very little, if anything, toward cent depreciation for the life of the bill. helping stimulate an economic recov- asset, and you have to depreciate it The other side wants to act as if they ery. over X number of years, let’s say 10 tried to bring up a stimulus bill and I really hope we will work together years, you can put a greater percentage get it done, but because they could not and try to come up with a package. I of that in the first year and expense it. get a unanimous consent agreement to don’t want to stall anything. I am That will encourage investment. The pass it in 2 days, they will pull it down happy to begin considering amend- House did that with 30 percent for 3 and say: We tried; it was their fault. ments if that is Senator DASCHLE’s re- There is no stimulative impact to years. So any investment made in the quest. We can have amendments on the next 3 years could qualify. that bill whatsoever. The Democrats floor. I see Senator GRASSLEY is on the Senator DASCHLE’s proposal says it is held up the package for the last couple floor, the ranking member of the Fi- 30 percent for 1 year. I just looked at of months. President Bush asked for it nance Committee. We can start consid- the language and it says: Special allow- in early October, but we didn’t get it ering a lot of amendments today. I ance for certain property acquired done, even though we tried to get it up know Senator WELLSTONE mentioned after September 10, 2001, and before in November and December. And there September 11, 2002. was some criticism—I think right- he has some, and I have some. They January has already gone. You are fully—delivered toward the Democrats probably won’t be the same but let’s talking about, if we enacted this to- for not letting that happen. consider them. Let’s get to work on a morrow, maybe 7 months. But by the I heard Senator GRASSLEY say let’s true economic stimulus plan. time people understand it and by the take up the bipartisan bill—Democrats I yield the floor. time it passes the conference, by the and Republicans supporting the bill— The PRESIDING OFFICER. The Sen- time it gets out, you are looking at a on which the administration worked. ator from Rhode Island is recognized. provision that is probably less than 6 That bill is H.R. 3529. Let’s take that Mr. REED. Madam President, I thank months. In other words, hurry up and up, amend it, and pass it, and see if we the Senator from Iowa for his gracious- purchase your equipment or whatever can’t do some good. ness. you are going to do in the next few Tax legislation happens to be impor- This morning and this afternoon, we have engaged in a discussion with re- months. tant. Then I look at Senator DASCHLE’s That might be good for disposable accelerated depreciation, and I want to spect to the stimulus package. Senator items, but for anybody who is going to see the good in this bill, I want to see DASCHLE, the majority leader, has purchase something that needs to be something that will create jobs and fought for a sensible position which manufactured, it is not enough time to provide economic relief. I don’t think represents, really, as he says so well, do any good. this will create very many jobs. I am the common ground that exists be- The proposal Senator DASCHLE has disappointed in it. We can do better. tween both parties. Recognizing that introduced has a worthless stimulative We must do better. we need 60 votes to move to passage of impact. It will not create jobs. It fails Some people say let’s just pass some- a legislative initiative, his approach the test, and I don’t think we should thing and send it over in the House and has the most merit and the most prob- pass it. Why don’t we take the bill the maybe we will fix it in conference. I ability of passing. So I encourage my House passed and have some amend- would like to do better than that in the colleagues to support the proposal of ments to it? Senate. We should do better. We should Senator DASCHLE. I count votes around here. At one be embarrassed if we can’t do any bet- In a sense, what he has done is com- time, that bill had well over 50 votes. It ter than that. We should not call this a bine the common elements of both Re- may not have had 60, but it had over 50. stimulus package. You can call it a publican and Democrat proposals to It had a lot of provisions that some of spending package, aid for States or for find the provisions that will garner the us didn’t like in there, but it had a ma- unemployment extension; you can call necessary 60 votes to go forward so we jority of votes, I believe. Senator it expanded welfare payments for peo- can provide real relief in a timely fash- DASCHLE doesn’t want to take up that ple who didn’t pay taxes—we are going ion to millions of Americans who are bill. As a matter of fact, he wants to to give $14 billion out—or if you cram facing difficult economic times. take up a different House bill, strike through a purchase in the next 6 At the core of his proposal is extend- the language—take out House bill 622; months, we might give you a little bet- ing unemployment benefits for an addi- insert his bill in it, amend it for a little ter deal. You can’t call this a stimulus tional 13 weeks. Routinely, during pre- while, and then, when we are finished, package. vious recessions, we have done so. This take up the House-passed bill, strike It is political cover for the Demo- is a recognition that there are literally that language, and put this bill in. crats to claim they tried to do some- millions of people who have been S68 CONGRESSIONAL RECORD — SENATE January 24, 2002 thrown out of work because of eco- be both productive and also get the First, despite some encouraging sig- nomic circumstances as well as the economy moving. nals about the economy, it remains areas of New York City and around the One of the key differences between weak. Just ask anyone who reads the Pentagon, in some cases, because of the the Daschle proposal and other pro- newspapers and they can tell you that. attacks of September 11 and the reces- posals is that Senator DASCHLE recog- When Ford Motor Company lays off sion that began in March 2001. nizes that in order to be effective as a thousands of people, when a major re- The reality is that there are millions stimulus, it has to be timely, it has to tail chain, Kmart, goes into bank- of Americans who need assistance. The be limited to this year, not 2 and 3 ruptcy reorganization—interestingly unemployment rate is growing. More years from now when this recession, we enough, I was talking to someone who important than that, perhaps, for our hope—indeed, we believe—will be some- is connected to one of our larger toy consideration is that the number of thing in the past. If we want to be ef- manufacturers in the United States, people who have been unemployed for a fective, if we want to stimulate the who told me there are only four major long period of time is growing. In the economy, then we have to focus and distribution channels for toys in the robust economy of the nineties, when target this bonus depreciation for busi- United States, the four major depart- people lost jobs, they quickly found ness. ment store chains, and one of them, 25 other jobs. Today, they find them- The final element in this package is percent of the retail market, is in selves, if not permanently, then in fiscal relief for the States. We have to bankruptcy reorganization. So we have many respects for a much longer period recognize that the States are under ex- a very weak economy. of time, without access to work. They traordinary pressure because of this re- There are many conditions in place need these benefits. cession. Their tax revenues have fallen, already for a recovery, and most fore- Extending unemployment compensa- but their commitments to human serv- casters believe that within 3 to 6 tion also stimulates the economy. ices and to a host of other programs months, there will be an economic re- Typically, someone who is relying upon will not abate. They must have the re- covery. But most also believe this re- unemployment benefits will take those sources to provide for medical assist- covery will be rather anemic, rather checks and immediately pay their ance for working Americans. They weak; it will not be the kind of robust bills, go to the store, provide food for must have the resources for the child growth that we saw in the nineties. their children, pay their rent, imme- protection system, which the States Indeed, all of these forecasts are diately infusing those dollars into the run. They must have the resources for based on some significant uncertain- economy, increasing the consumer education, which the States primarily ties. Two significant uncertainties are spending, the lack of which is one of run. the condition of foreign economies the causes of the recession we face. So Those obligations will not be held in such as the economic meltdown in Ar- it is a proposal that is commendable on abeyance during this recession. We gentina. The question is: Will it be con- two major points: It helps hard-work- have the opportunity, if we support tained to Argentina? Will it spread to ing Americans and will get our econ- this initiative, to provide resources to other parts of South America? Will omy moving. the States, and if we do not provide other countries find themselves in eco- Similarly, the Daschle approach those resources, many States—most nomic distress? Generally speaking, this recession is talks about tax rebates for those peo- States—will be required constitu- not unique to the United States. It is a ple who did not enjoy the previous tax tionally to balance their budget by worldwide phenomenon. Those econo- rebates enacted last spring. raising taxes or slashing their social mies will affect whether we come out These are individuals who may not services budgets, which will only wors- of this in a robust fashion and when we pay income taxes, but they pay a great en the impact of the recession on some will come out of this recession. deal of their hard-earned wages in pay- of our most vulnerable citizens. There is something else, too, that is roll taxes. For those individuals, they One of the ironies of our debate today an uncertainty: consumer spending. deserve the kind of rebate that others is that while many of my colleagues Will it bounce back to the levels that received. are talking about accelerating tax have sustained this economy over the There has been an insinuation in cuts, if we do not provide assistance to last several years, or will people for some of the discussions on the floor States, we may very well see the many reasons, because of concern today that these people do not con- States raising taxes which will be a about their safety, because of a sense tribute to our economy, that somehow further check on our recovery. in this moment of national danger? they are not part of the great economic Senator DASCHLE’s legislation makes Will those psychological factors and enterprise in our country, I must dis- eminently good sense on economic sociological factors undermine a robust agree very strongly with that propo- grounds, and it is the only proposal response by our consumer sector? It sition. These are the men and women which has received the support of a suf- may be that the patterns of past eco- who get up each day, go to very dif- ficient number of Senators so that it nomic recoveries are not applicable ficult jobs in hotels, driving trucks, can be enacted into law, or at the very today. small businesses, running them and least passed by this body and sent to Even though forecasters are pro- sometimes working in them. These conference with the other Chamber. jecting recovery, there is much uncer- people deserve the same kind of bene- The resistance to moving forward tainty. Even when the recovery comes, fits others receive. quickly on this package, is truly some- one of the great tasks will still be un- In addition, a rebate for these indi- thing to behold even in light of Senator done, and that is to provide support viduals also achieves a second impor- DASCHLE’s offer to allow for amend- and help for those who are out of work tant goal. Typically, money received ments from both sides of the aisle. But today, who deserve the opportunity to by wage earners will go right back into frankly, this is the core of the eco- support their families while they wait the economy because in a household nomic initiatives that we agree upon for this economy to recover. living on minimum wage or near min- and which will provide real relief, first, One of the interesting facts about imum wage, struggling to raise chil- to struggling Americans and, second, economic trends is that even when the dren, struggling to get by, there is al- overall to an economy that is in reces- economy begins to respond, when gross ways the opportunity to spend a little sion. domestic product becomes positive bit more on the children, to spend a lit- Madam President, I have the respon- again and starts growing, usually un- tle bit more to defray the cost of life. sibility of serving as the vice chair- employment continues to increase for Again, Senator DASCHLE’s proposal person of the Joint Economic Com- many months after that. In the nine- has touched upon a topic that is very mittee. Our staff has been doing an ties, when the recovery took hold un- important to both sides, and that is outstanding job trying to pull together employment continued to increase for bonus depreciation for business: Give the economic analysis that should pro- about 15 months. business incentives to make sure they vide us at least a roadmap, if you will, For most Americans, the economy is go back into the capital markets, to go for any economic stimulus legislative. measured by one simple fact: Do I have ahead and buy capital equipment, to Let me summarize the consensus view a job? And, collectively, what is the make investments which we hope will of our current economic situation. unemployment rate for this country? January 24, 2002 CONGRESSIONAL RECORD — SENATE S69 We can foresee even with a modest We were looking very closely last De- been suggested by Senator DASCHLE. rebound this year or next year the sin- cember at the holiday sales. They All of them have been vetted by econo- gle factor that confronts most families, seemed to be better than expected, but mists from a range of opinions. They their economic index—do I have a I might point out still much weaker have been determined to not only help job?—is still going to be questionable. than a year earlier. individual Americans but also to have So we have to act. So we are in a position economically a positive stimulative effect and to Again, Senator DASCHLE’s proposal, where there are mixed signals, weak- help our overall economy by putting at its core, at the heart of it, has a ness but some encouraging signs. There money into the economy and by allow- very simple, time-tested provision: ex- are also some structural issues that ing States to forego income or sales tending unemployment benefits. At a will, I hope, bode well for the future. tax increases at the State level. All of minimum, we should be able to agree First, inflation has been relatively this makes a great deal of sense and it to do that this week. stable. That has been a situation that should be done. I mentioned there were some encour- has allowed the Federal Reserve to em- One other point I will conclude with, aging signals about the economy, and ploy a very aggressive monetary policy and we have all been reflecting on the it is fair and, I think, appropriate to of lowering interest rates to try to drama in Texas and other places of mention those. stimulate this economy. That is a good Enron. One of the most disturbing as- First, we have seen an increase in the thing for us and a good thing for our pects of that situation is that the re- average weekly hours worked in manu- economy. tirement security of the employees was facturing. Up until recently, those Short-term interest rates are as low ignored by the leadership of that com- hours were declining, signaling a weak- now as they have been since the 1960s. pany in many different ways. All of us, ness in our manufacturing sector, Although long-term rates have not fall- every single Member of this Senate, which because of the relatively high en as much as we would like, they are will rightly, I think, very sincerely, pay of that type of work is a pillar of lower than a year ago. Business inven- criticize what has taken place. But our economy. And we are beginning to tories are low as well, which is a sign today, we are already encroaching on see that initial claims for unemploy- that we are beginning to work through the Social Security trust fund. That is ment are not increasing with the same the buildup in inventory which was what it means when we start saying we level each and every week. hampering further production. There have a deficit because we are no longer We have seen some increases in new are no obvious supply bottlenecks, but accumulating a surplus. We are now orders for capital equipment, particu- the reality is monetary policy alone working our way through Social Secu- larly information technology. Again, a may not drive us out of this recession great deal of the boom over the last rity funds, funds that have been quickly enough or robustly enough. pledged for over 60 years to those decade was fueled by increased invest- It is interesting to note the remarks ment in information technology, com- Americans who have reached retire- of Chairman Greenspan over the last puters and routers and service and a ment age. So when I hear discussions several weeks have been cautious about host of other equipment. That appears about accelerating tax breaks, and the timing and the scale of our eco- to be coming back. when we have people coming out and Once again, it is very fragile. If we nomic recovery. His recent caution is saying simply, as a matter of faith not listen to the commentators on the in marked contrast to his and others economics, we have to lower taxes, I business channels, one week Intel will past comments. So I think we are be- wonder whether a year from now, 2 do well because they are shipping a lot ginning to recognize our action would years from now, 3 years from now, peo- of chips, and the next week their pro- be very helpful to our economy. ple will look at us as those employees jections are down and their stock goes I urge, as I have repeatedly, that we down in Houston look at the Enron up and down. So we are certainly not act and we act on those sensible pro- leadership and say: You took our re- out of the woods, but there is some en- posals offered by Senator DASCHLE. tirement. You spent it. You gave it As I said, most economists predict a couragement. away on bonuses to executives. You There also seems to be increased op- recovery will begin late in the spring. just dissipated it, not to help the econ- timism among the purchasing man- Even if that recovery begins, we still omy but to help yourself. agers in the country. Those business need to assist those Americans who are So as a cautionary point at this junc- men and women who are in charge and unemployed today and who will con- ture, as we consider a whole range of want to go ahead and order equipment, tinue to be unemployed. As I men- proposals, I would like to leave at least seem to be much more optimistic. So tioned, in the early 1990s, at the end of that thought in the minds of my col- there is encouraging news. the last recession, unemployment in- leagues. All of this is good news, but as I said creased for 15 months after the reces- I yield the floor. before, our economy is still weak and a sion was officially over. It is also typ- The PRESIDING OFFICER. The Sen- well-tailored, well-timed, and well-tar- ical that those long-term unemployed ator from Iowa. geted stimulus package would still be a are the last to find reemployment. So Mr. GRASSLEY. Madam President, I boost to our economy. they are in a very precarious position— gave some opening remarks a little The economy is weak in many dif- without benefits, without the prospect earlier on this legislation, but I will re- ferent ways. The unemployment rate of a job, usually the first to be fired iterate a few points I made from that rose to 5.8 percent in December. That is and the last to be rehired. We can help first statement. The most important 8.3 million people; not statistics, peo- them. We must help them. I hope we do thing to remember, as we are trying to ple, 8.3 million people who were told help them this week as we consider reach an agreement on a stimulus they did not have a job, who had to go quickly this legislation before us. package, is there has been a lot of work home in the evening and tell their By extending unemployment insur- put into this over the last several spouse they did not have a job, who had ance benefits, we can assist them and weeks—not since the holidays but be- to look at their children knowing they we can do it in a way which will not be fore the holidays—and we have had did not have a job. They deserve our as- detrimental to our looming deficit partisan approaches by both Repub- sistance now, not our rhetoric. problem because unemployment insur- licans and Democrats. We have had bi- As I indicated before, within those ance is a countercyclical program. As partisan approaches. We have had co- statistics one of the most alarming the economy recovers, as employment operation between some Members of trends is the increase in long-term un- grows, people do not receive unemploy- Congress and the White House, and we employment. Nearly 1 in every 7 of ment benefits. Today they need them. have a bipartisan White House-centrist those who are unemployed, 1.2 million Hopefully, with a robust economy in 6 package that has passed the House that people, had been jobless for more than months or 9 months or 1 year, those ex- the President said he would sign, and 26 weeks, exhausting their benefits or penses will no longer be borne by the one that had a majority vote, if we had on the verge of exhausting their bene- Federal Government. These individuals taken a vote in the Senate before the fits. So not only do they not have a job, will be back in the workforce. holidays, that could have been to the they do not have an unemployment I urge, once again, we move very President by now. It would have been check either, unless we act. quickly on the proposals that have to the President, signed into law, and S70 CONGRESSIONAL RECORD — SENATE January 24, 2002 helping 800,000 people unemployed since City, hurt by September 11 terrorist at- who exhaust their regular benefits be- the September 11 terrorist attacks on tacks and needing help, will receive aid tween March 15, 2001, and December 31, America. to rebuild. This could occur tomorrow 2002. We have an estimated 3 million This White House-centrist bipartisan if we get a chance to vote upon the bill unemployed workers qualifying for an package is a solid economic stimulus that passed the House of Representa- average of $230 a week. These benefits plan. Most important, it has a compas- tives before the holidays, the very would be 100-percent federally funded sionate approach to put displaced same bill the President said he would at a cost of about $10 billion. Our pro- workers first, and even more so than sign. posal transfers an additional $9 billion the amendment offered by Senator We are talking about moving ahead to State unemployed trust funds. DASCHLE because he does—as I would on a stimulus package. Now, instead of Such a transfer would provide the agree to do—put in 13 weeks of addi- talking about the bipartisan White States with flexibility to pay adminis- tional unemployment compensation. House-centrist package, we are talking trative costs, provide additional bene- However, his consensus package does about the new, scaled-back stimulus fits, and avoid raising unemployment nothing for those unemployed workers plan offered within the last 24 hours by taxes which would be a bad thing for now who had health insurance pre- our distinguished majority leader. This them to be forced to do during the cur- viously. They have to pay the health isn’t the first time there has been a rent recession. We never want to raise insurance called COBRA out of their stimulus plan offered by the other side. taxes during a recession. own pocket. The proposal I call the This is the third variation on a stim- The United States enjoyed a growing economy and declining unemployment White House-centrist bipartisan pack- ulus plan offered by the distinguished for much of the previous decade. But age has a 60-percent tax credit for that. Senator who is our majority leader. It is important to have a bipartisan As most Members know, the Demo- the economic slowdown that officially plan. This White House-centrist pack- crats initially passed the stimulus plan became a recession started in March age is a plan that can pass the Senate. out of the Finance Committee, not in 2001. We all know that was exacerbated Most important, this plan, if passed, the spirit of how the Finance Com- by the terrorist attacks on September 11. That meant more substantial lay- will be signed by the President because mittee usually works in a bipartisan offs. I said this recession started in he has said so. I was in on that bipar- fashion, but in a wholly partisan mode. March 2001. Economists officially la- tisan meeting the President had with It happens that with all the work put beled it a recession. But remember that House leaders, with Democrats from into that committee hearing, that plan a long time before that—almost a year, the Senate, and with Republican mod- was never sent to the floor for a vote. March 2000—we started a downturn in erates. He said he would sign it. The distinguished majority leader al- manufacturing. That manufacturing If we pursue the majority leader’s most immediately radically modified index, going back to the last year of plan, workers and businesses will face the Senate Finance Committee par- the Clinton administration, has still more delays because that plan will tisan stimulus proposal—again, acting been going down 19 months in a row. have to be conferenced with the House. in a partisan way. And nothing gets Even though the official recession That is going to take days probably. It done in the Senate if it is done by one started in March 2001, those in manu- could even take some weeks. The fur- party. That is why it is so important to facturing had been in recession for a ther we get along, the more there tends remind people of the White House-cen- whole year before that. to be a recovery, the less economic trist bipartisan stimulus package that We have seen the unemployment rate good that stimulus package will do. It the President said he would pass. for all segments of the economy rise will be a delayed effort to help those Surprisingly, that revised proposal from 4 percent in November 2000 to 5.7 800,000 people who are unemployed and that the Senate majority leader put on in November 2001. By historical stand- those people who do not have health in- our table immediately after the par- ards, you could say the current unem- surance. If we use the bipartisan White tisan bill came out of committee looks ployment rate is still substantially House-centrist package, we will be able a great deal like the White House-cen- below the level at which Congress to get that passed right away. trist bipartisan stimulus package I deemed it necessary to enact extended How long would it take to get it have been referring to that we ought to unemployment benefits based upon through conference? Just remember pass and send to the White House. A what Congress has done for the few how long it took to agree that we substitute back in November, put on times in the past. Over the past 50 ought to have the quasi-conference pro- the table by Senator DASCHLE, adopted years, the Federal Government pro- cedure that we operated a couple weeks measures initially promoted by many vided temporary extended unemploy- before the holidays. Remember how Republicans. Unfortunately, in Decem- ment benefits only six other times. The long it took to reach the substantive ber, the majority leader blocked a vote average unemployment rate during agreement we have, the bipartisan on the White House-centrist plan in those times was far higher than it is White House-centrist package. All this large part, I believe, out of fear it right now at 7.3 percent as an average history—and we ought to learn from would pass. And it would have. for those six times. history—ought to dictate the time to Now comes yet another variation of Based upon historical record, the act is now, not a month from now. that theme. The majority leader has President did not go as far with his We had Chairman Greenspan advising delivered yet another economic stim- suggestion for helping unemployed peo- the President, advising Congress in ulus package—basically the skeletal ple as the bipartisan centrist stimulus early October, that was a time to pass remains of previous stimulus proposals. package does. The President originally the stimulus package—not only pass it I will talk about some of the dif- suggested that extended unemploy- now as a stimulus, but we need to do it ferences between the White House-cen- ment benefits—meaning the additional for the workers. That is what we need trist bipartisan package and the par- 13 weeks—should be limited to those to do for small business, as well. tisan Democrat skeleton stimulus plan. few States that have a disaster declara- The bottom line is, if we pass the I will explain, then, why I believe the tion in effect as a result of September White House-centrist bipartisan bill, bipartisan White House-centrist pack- 11 and which have a threshold of the 30- unemployment checks can go out to age is better for America and, most im- percent increase in their unemploy- those people who have exhausted their portantly, for those dislocated work- ment rate. 26 weeks. Businesses will invest in new ers, and particularly for the dislocated A number of our colleagues on both plant equipment with a 30-percent, 2- workers who do not have health insur- sides of the aisle insisted we provide year accelerated depreciation. Unem- ance. I will look at what it does for dis- immediate assistance, not just to a few ployed workers will get help for their placed workers. States as the President suggested but health insurance so they can continue This is the White House-centrist to every State, regardless of their un- to have coverage for their families, as package. Our unemployment insurance employment rate. We have agreed to do they did before they were laid off. Tax- proposal represents an unprecedented exactly that in our bipartisan centrist payers will get a payroll tax rebate. commitment to American workers. We stimulus package. The President has Taxpayers will get a little extra in- provide up to 13 weeks of additional un- agreed to sign it even though it didn’t come tax relief to spend. New York employment benefit to eligible workers start out at that point. January 24, 2002 CONGRESSIONAL RECORD — SENATE S71 We have some, unfortunately, on the the stimulus package, I have worked ance where they first worked. Now other side of the aisle who continue to closely and seriously with both Demo- they are unemployed. Now they do not insist that what we are doing is not crats and Republicans to come up with have health insurance. Now they would enough. They insist that we should go a meaningful, bipartisan approach to have health insurance under the White further by requiring every State to helping people impacted by the events House-centrist bipartisan package, but provide specific benefits and establish of September 11. Compared to where we they would not have it under the specific eligibility criteria as a condi- started on the issue of health care for Daschle amendment before the Senate. tion of receiving their additional Fed- the dislocated workers, Republicans Our proposal goes further and wider eral assistance of 13 weeks. In other have come a very long way to a posi- than any proposal on the table to date words, what they are suggesting is that tion with which a majority of our cau- and gets more help to more people we violate the agreement we had be- cus agrees. I do the history on this just more quickly than any other proposal tween the States and Federal Govern- to prove the point. to date. What is more, it represents a ment, for the most part letting States This debate began, let us say, back in giant leap in spending on health care. decide who should and under what cir- October—too long ago, I am sorry to It includes over six times as much cumstances they qualify for unemploy- say, and embarrassed to say. We should money for temporary health insurance ment assistance. have passed this bill when the reces- assistance as our original Republican, We could not agree to the demands sion first hit its lowest point. Our pro- and admittedly partisan, proposal. on the other side to change this long- posal at that time relied on a national The House-passed stimulus bill— standing relationship between the Fed- emergency grant program to deliver what the President said he would sign, eral Government and the State govern- health benefits to workers at a cost of and the centrist group in the Senate ments on the policy of unemployment just $3 billion. We look back now, and backs—would spend approximately $19 compensation. We have always left we say that just doesn’t do it. Over billion on temporary health insurance those decisions about benefit levels and time, the number grew. I said publicly in the year 2002. And it does it the eligibility criteria to the States. that we could double or even triple right way, by using existing programs, The changes sought by those on the that number. along with new ones, designed to get other side of the aisle destroy this his- I also invited Democrats to modify people the help they need quickly. toric relationship and undermine the the grant criteria to make the program Now I take a minute to describe our flexibility needed by States to respond more responsive to the needs of work- three-pronged approach. to their unique circumstances while ig- ers without health insurance. I even of- First, the White House-centrist bi- noring a fact about America—that we fered some Democrats the opportunity partisan proposal provides a refund- are geographically vast; our population to write the criteria, if we could agree able, advanceable tax credit to all dis- is very heterogeneous. Consequently, on doing it through national emer- placed workers eligible for unemploy- you can’t pour one mold in Wash- gency grant programs. The reason for ment insurance, not just those eligible ington, DC, that fits the needs of New that is you can deliver the help to for COBRA. The value of the credit is Mexico the same as New York City, or those who do not have health insurance 60 percent of the premium, instead of Iowa the same as Sacramento, CA. within 30 days after the President the 50 percent in our original proposal. Leave us leave it to the legislatures of would sign the bill. But the Members of The credit has no cap and is available California, Iowa, New Mexico, and New the other party refused. And that did to individuals for 12 months between York to decide what the policy should not stop us from staying at the negoti- the years 2001 and 2003. be for their States as those people clos- ating table, regardless of what the dis- Individuals can stay in their em- er to the grassroots see their needs. To tinguished majority leader says about ployer COBRA coverage or they can me, that is just a commonsense ap- our refusal to negotiate. choose policies in the individual mar- proach to governing. It might not be a (Mr. JOHNSON assumed the chair.) kets that may better fit their families’ commonsense approach in England Mr. GRASSLEY. Additionally, we needs. This only makes sense because where the country is small, but it is proposed giving workers a refundable, locking people into COBRA, as the obviously the sort of thing we need to advanceable tax credit towards the Democratic leadership insisted prior to do in our federal form of government. purchase of health insurance equal to Christmas—and it is not even in their I would now like to touch on the 50 percent of the policy’s cost. So we proposal now—forces people to stay White House-centrist bipartisan plan moved away from a national emer- with policies that may be too expensive commitment to providing health care gency grant program to one that is for them to keep, even with a 60-per- for dislocated workers because the plan probably more dynamic, with more cent subsidy. that the distinguished Senator major- flexibility for the workers—a tax credit Our goal was to give dislocated work- ity leader has put on the table does not for those who are unemployed to con- ers access to all health insurance deal with this at all. tinue the insurance they had where choices available to them in the pri- If there is one thing I could point out they previously worked and were laid vate marketplace. We have done that from his remarks this morning, it is off; and even go beyond that, for people in a responsible way that uses the dy- that he tried to make the point that to have health insurance even if they namics of the marketplace rather than his package has only things in it to did not have health insurance at their the straitjacket of a Government pro- which both sides agreed. I think he is previous job before they were laid off. gram to deliver the help. misreading the Republican side of the Democrats objected, claiming that This bipartisan White House-centrist aisle. There is a great deal of commit- the credit was too small and that sick- proposal includes major new insurance ment on the part of Republicans—the er people would have trouble buying reforms to protect people who have had vast majority of our caucus—to meet policies in the individual market. So employer-sponsored coverage and go the health care needs of people who are there was one gripe after another, but out into the private market for the dislocated workers because of Sep- we tried to satisfy those gripes to first time after being laid off. It makes tember 11. Quite frankly, it would do reach a consensus agreement which the COBRA protections available to this for the first time in the history of ended up being the bipartisan centrist- people who have had only 12 months of our public policy. White House program. employer-sponsored coverage, rather They have been saying since October Our new proposal then was endorsed than 18 months as under current law. that Republicans don’t care about help- by the White House even though the By doing this, we greatly expand the ing workers with health insurance. I President had suggested another ap- group of displaced workers who cannot quote Senator DASCHLE himself last proach. It was endorsed by the White be turned down for coverage or ex- December saying that his Republican House, the House of Representatives, cluded from any insurance because of colleagues ‘‘so far have refused to come and by the bipartisan centrist group of preexisting conditions. to the table and negotiate seriously.’’ this body. That program takes a three- The new 12-month standard is espe- There is nothing further from the pronged approach to getting health in- cially important for people with chron- truth. Since October, when President surance assistance to those dislocated ic conditions who have difficulty ob- Bush first called on Congress to pass workers who used to have health insur- taining affordable coverage. It is a S72 CONGRESSIONAL RECORD — SENATE January 24, 2002 major step, and I am surprised that the for the States—a minimum grant of at attacks of September 11 that have not Democratic leadership does not want least $5 million for any State that only affected the Federal budget situa- to take us up on these sweeping new re- meets the grant criteria. tion but most of our States. forms. Finally, the third prong of the pro- This Nation is calling for a bipar- I turn now to the mechanics of the posal responds to Democratic requests tisan compromise. In that spirit, we tax credit proposal. It is much easier to by including $4.3 billion for a one-time have agreed to add this proposal on implement than the direct subsidy ap- temporary State health care assistance Medicaid to our bill. proach that the Democratic leadership payment to the States to help bolster We made tremendous steps towards has had in some of their proposals. But their Medicaid Programs. the Democratic position in order to there is nothing on health insurance in Just this Monday, I had a State sen- find bipartisan compromise on health the Democratic amendment before us. ator from Davenport, IA, speak to me care, a compromise on health care that They just forget about the needs of the at one of my town meetings about the is not even in the Democratic proposal dislocated workers who used to have needs of the States for additional Med- that is before the Senate. I said that health insurance who do not have it icaid funds. I said to her that Governor what we have included in here our Re- now because they are unemployed. Vilsack and Republican leaders and publicans would vote for, I think, While the Democrat proposal re- Democratic leaders had a conference maybe except for two Republicans. And quires employers to shoulder the bur- call with me on that very subject be- then we have enough Democrats that dens, our proposal relies on existing fore Christmas. I said we have this $4.3 make up a majority to get this bill State unemployment insurance sys- billion in this White House-centrist bi- passed. But those steps have not been tems. So under this bill, workers will partisan package that the President reciprocated by the Democratic leader- be able to access the credit and begin will sign, that has passed the House of ship. applying it to their health insurance Representatives. Displaced workers then deserve to be premiums in a timely way. Let me ex- What you need to do is get Governor treated with respect by this body, and plain the workings of it. Vilsack, I said to our State Senator, I believe those workers have earned a Newly dislocated workers will re- who I said I would help, get him to call vote on this bill. In other words, the ceive certificates from their State un- Senator DASCHLE and ask this bill to House has passed this bipartisan White employment offices, or ‘‘one stop’’ cen- come up, and you will have Iowa’s House-centrist package. The President ters, when they apply for unemploy- share of this $4.3 billion. has said he would sign it. So if we have ment insurance. You can take care of As we know, the Medicaid program is a majority vote here, we could pass both needs at one time—unemployment an important safety net for low-income this, and it would be out of the way. We insurance and continue your health in- children and families and disabled indi- would be stimulating the economy, and surance from the previous employer. Or viduals. Medicaid is a joint Federal and we would be helping dislocated work- if you did not have it there, you can State program that accounts for a ers. It is necessary for me now to discuss get a certificate to go out and get it for large part of State budgets. So in this the individual income tax reductions in the first time. time of budget constraints due to re- the White House-centrist plan and also So you take those certificates and cession, States are struggling to make compare this to the skeletal plan put submit them, along with their con- ends meet. Iowa is one of those. In fact, forth by our distinguished majority tribution to the premium, to their em- I think I read in the newspapers that there are 40 States that have very seri- leader. ployer or insurer, and move on with in- The original House stimulus bill ous budget problems, and Medicaid is surance. Afterwards, insurers then would have accelerated the reduction probably the biggest one of those budg- would submit the certificates to the of the 27 percent rate to 25 percent. et problems in almost all of those Treasury Department for reimburse- That otherwise would not be scheduled States. ment. to go into effect until the year 2007. So as a result of the unique and ex- This approach works because it relies The White House-centrist package has traordinary economic situation we now on existing systems to deliver new ben- adopted this approach. efits and, as a result, delivers those face, we need to help those States rath- Here is another thing on the charts benefits in a fast and reliable way. er than having those States scale back that the majority leader used in his I ask my colleagues, why would any- Medicaid services, including my own speech this morning. He referred to one insist on a mechanism that just State of Iowa. I think we are going to ‘‘rates reduction’’—plural, ‘‘rates.’’ We will not deliver the goods to the people be scaled back by $18 million. This pro- have one rate reduction, the 25 percent who need them? In other words, people vision provides a one-time emergency bracket, or let’s say the 27 percent who became unemployed yesterday cash injection that will help States down to 25. We don’t change other have lost their health insurance, they avoid Medicaid cutbacks. rates. We do have other tax provisions, cannot afford to keep their COBRA up, This feature was not part of our the tax rebate for low-income people. or maybe they are unemployed from a original plan. I just say that. You So we have the White House-centrist place that did not even have health in- might ask: Senator GRASSLEY, why bipartisan package helping these mid- surance and then have to institute didn’t you have it in your original dle class taxpayers. The skeletal Dem- some system where they have to wait a plan? Well, the process of legislation is ocrat plan doesn’t do this. It does not long time to get the help. I do not un- evolution of a bill. There are very few provide one red cent of tax relief for derstand the wait. bills in Congress that are introduced people who are working for a living, The second prong of this proposal is and passed as they are originally intro- not even one cent of tax relief for $4 billion in enhanced national emer- duced. I would not pretend to believe working Americans. So let’s take a gency grants for the States, which can that every bill I introduce is a perfect look at who will benefit from our be used to help all workers—not just piece of legislation. This process of ne- planned rate reduction. those eligible for the tax credit—to pay gotiation on these, listening both on I have some charts I will be referring for health insurance. States have flexi- the Republican side and the Demo- to. The reduction of the 27 percent rate bility under our approach and can use cratic side, is one of improving a piece will benefit singles with taxable in- these grants to enroll their workers in of legislation, and even after that is come of at least $27,000. I want people high-risk pools or other State-run done, with new ideas in it, you have to to think about this, a single person plans, or even enroll them in Medicaid recognize that many of our colleagues with income as little as $27,000. Some- if the State decides. have concerns about even this provi- body is going to be saying before the To address concerns raised by Demo- sion. In fact, I share their reservations, day is out that these people are not cratic colleagues, our enhanced na- and that is why I am emphasizing that overtaxed. I would like to have you ask tional emergency grant program re- this is not simply a garden variety in- people making $27,000 if they couldn’t quires all States to spend at least 30 crease in Medicaid funding; this is to use a reduction of their income tax percent of their grant money on tem- meet the temporary emergency pay- from 27 percent down to 25 percent. porary health insurance assistance. In ments that result from a downturn in They would probably laugh at us for addition, we have included protections the economy because of the terrorist suggesting that that is not enough. January 24, 2002 CONGRESSIONAL RECORD — SENATE S73 We are talking about heads of house- So what would a small business do I might not agree with everything in holds that would have income as little with these tax savings? Well, consid- the package. I might be considered as $36,250 and married couples with tax- ering that most of the recent job more conservative than those who put able income as low as $45,000. These are growth has come from small busi- it together, but it is a good package. not wealthy individuals. These are nesses, I believe they would feel safe More importantly, it meets the needs middle class working Americans. I hiring more people and making more of our country post-September 11. It have the chart I referred to that Mem- business investment. We know that 80 meets the needs of those dislocated bers can see. I want them to see what percent of the 11.1 million new jobs cre- workers, those people who don’t have the median income for a four-person ated between 1994 and 1998 were from health insurance. family for every State in the Nation. businesses with less than 20 employees. So now where are we? We are at a Median income is the amount of in- Eighty percent of American businesses point where the distinguished majority come right in the middle, with half the have fewer than 20 employees. That is leader has offered the skeletal remains incomes above and the other half why I refer to this as the 80–80 rule for of that package. But I don’t think below. Our chart shows that the aver- supporting tax reductions. there is a majority of Senators sup- age median income for a four-person In addition, lowering taxes now porting that move. When you get it all family in the United States, as we can would increase business cashflow dur- said and done, it doesn’t help those see, is $62,098. A family of four now, ing the current economic slowdown. people who don’t have health insur- that is the average. Remember, half The higher cashflow would increase de- ance. are below and half are above. A reduc- mand for investment and labor. Don’t I urge Senators to think twice before tion of the 27 percent rate to 25 will just take my word for it because we supporting something less than the full benefit married couples with taxable have the National Bureau of Economic stimulus package that was written by income over $45,000. So it will benefit Research. They produced, in October Democrats and Republicans in the cen- working people who are well below the 2000, a publication called ‘‘Personal In- ter of the Senate and that was so done national median income level. come Taxes and the Growth of Small in a way that satisfies the White House This chart also shows those States Firms.’’ As you know, the National Bu- for signature. We need to enact a plan that have family median income that reau of Economic Research is a well-re- that will stimulate the current econ- is higher than the national average. garded, nonpartisan organization. It is omy and serve as insurance against a And so we can look at where these peo- the organization that determines when ple live: Connecticut, New Jersey, second downturn in the next few years. official recessions begin and when they For those in this body, both Repub- Delaware, Michigan, Rhode Island, end. They said this one began in March lican and Democrat, there are a few California, Washington State. These 2001. If we trust them to make that de- who say we will be better off if we are the States where a family of four termination, I hope we trust the con- will benefit the most from our proposed don’t pass the stimulus package, or clusions reached in their report. that we are recovering and we might tax cuts. Their report on individual taxes and not need it. I say to them, remember The more surprising figures are small business growth reaches the un- that most recessions have a double shown in the next chart. We can see ambiguous conclusion that when a sole downturn. They have it when the origi- the States with median income below proprietor’s marginal tax rate goes up, nal recession kicks in, and then they the national average. So you recall the rate of growth of his or her busi- that I said that reducing the 27 percent ness enterprise goes down. Simply stat- have an upturn, and then they have a rate to 25 percent will benefit married ed, high personal income tax rates dis- down tick. A down tick probably is not couples with taxable incomes over courage the growth of small business a negative growth situation, but it is $45,000. Look at the median income dis- and right now, in a recession, that is still a downturn. This stimulus pack- tribution of this chart. You can see the last thing we need. age will be insurance against having a from this chart that there is not one That is why it is important to do rate steady rise in the economy over the State on the list that has a median reductions and do them the right way next few years, with no down tick, as is family income of less than $45,000. and fully accelerate the 27-percent rate traditional for some recoveries. We So you can see that our proposal will reduction. We are simply accelerating need to enact a plan that will stimu- benefit everyone, not just the elite few, a decision the Senate made last sum- late the current economy and give us not just from a few selected States. mer. We should not, as has been sug- that insurance. But the distinguished majority leader’s gested by some in the Democratic lead- The White House-centrist bipartisan Democratic skeletal plan provides no ership, repeal rate reduction or, to package does that. I hope the Senate relief for these States. The Treasury state it correctly, we should not in- hears the pleas of the American people Department has estimated that the crease taxes. Again, that is the last and will support a comprehensive stim- White House-centrist bipartisan plan’s thing you should do in a recession. ulus package—one that aids displaced acceleration of the 27 percent rate will We know tax cuts are stimulative. workers, tends to their health care yield $17.9 billion of tax relief in the When working Americans have more of needs, and gives a real turbocharge to year 2002 for over 36 million taxpayers. their own income, they are more finan- our economy, and to do that into a full That is one-third of all income tax pay- cially secure and comfortable with recovery, a recovery without a down ers. Small business owners and entre- spending. tick, so those who need a job can get it preneurs account for 10 million or 30 Let me say who really loses when and those who have a job can keep it percent of those benefiting from this this body fails to act. It is our dis- and relieve a lot of anxiety—particu- rate reduction. placed workers, it is our fellow Ameri- larly anxiety over not having health When you refuse to accelerate the cans who still have a job, it is the secu- insurance, which unemployed people rate cuts, you harm farmers and small rity of our job base, and it is the sound- have. businesspersons the most. That is be- ness of the Nation’s economy. Mr. President, I yield the floor and cause most small businessowners and The Senate Democrat leadership will suggest the absence of a quorum. farmers operate their businesses as sole not allow an up-or-down vote on our bi- The PRESIDING OFFICER. The proprietors, sub-S corporations, part- partisan White House-centrist stimulus clerk will call the roll. nerships. The income in these types of package. At least that was the way it The legislative clerk proceeded to entities is reported directly in indi- was before our holiday break. The rea- call the roll. vidual tax returns. Therefore, a rate re- son why I don’t think they allowed it Mr. CARPER. Mr. President, I ask duction for individuals reduces taxes to be done is because it would pass. We unanimous consent that the order for for farmers and small businesses. That have a majority of Senators—obvi- the quorum call be rescinded. is why the rate reduction under the bi- ously, a bipartisan majority. Obvi- The PRESIDING OFFICER. Without partisan White House-centrist plan is ously, this proposal comes from the objection, it is so ordered. so important. In 2002 alone, it injects center of the Senate, from conservative Mr. CARPER. Mr. President, I am $17.9 billion of stimulus into our ailing Democrats and moderate Republicans. not interested in casting aspersions economy, and it helps small businesses So what. That is how you get things today at the work of our Republican that create the new jobs. done in the Senate. friends with respect to the economic S74 CONGRESSIONAL RECORD — SENATE January 24, 2002 recovery package. I think, for the most which is now being felt in our econ- along with the energy price drops, part, they have entered into this in omy. along with the spending we are already good faith. Senator GRASSLEY of Iowa Second, we have seen prices drop pre- doing to make sure when we do get has worked hard, as has Senator BAU- cipitously from a year ago. It is not into this spring that the economic re- CUS of Montana, to try to craft a con- just the price of gasoline we put in our covery we are hoping for will actually sensus package that we can all agree cars, trucks, and vans, but it is the materialize. to—or at least 60 of us can—which price of the heating oil we are using to We have been joined in the Chamber would have a beneficial effect. I wanted heat our homes this winter. Even nat- by Senator BAUCUS of Montana, chair- to speak briefly and reflect back for a ural gas prices are down dramatically. man of the Finance Committee. I spoke moment on the principles that we We feel good about those things psy- of him when he was not in the Cham- adopted on a bipartisan basis last fall chologically, but also they have a ma- ber. I now thank him in person. No one as we approached the creation of an terial effect on our economic well- has put more time, energy, and effort economic recovery package. being and our pocketbooks. into trying to develop a package with There are really three principles that A third piece that is kicking in to respect to the economic recovery of our come to mind. One is that whatever we help lessen the severity of the reces- country than Senator BAUCUS. I wanted came up with should be temporary in sion is the amount of spending we are to express my thanks to him for the nature; second, there should truly be doing. We are spending a lot of money, great work he has done. stimulative of our economy; three, it and we are spending it, for the most My hope is we can move from this should not exacerbate long term the part, on the right things—the war in proposal today and actually adopt it, budget deficit of our Nation. Afghanistan, the war against terrorism but if we cannot and if we do not, I I can stand here along with any of around the world, trying to help the want him to know he has my respect our colleagues, certainly the Presiding folks of New York recover and rebuild, and certainly my thanks. I yield the Officer, and think of any number of trying to make sure the airline indus- floor. items I would like to include in a stim- try does not end up in a real depression The PRESIDING OFFICER. The Sen- ulus package that are not included in with massive layoffs and closings. ator from Montana. the four-part proposal put forth by the Those three things taken together— Mr. BAUCUS. Mr. President, what is majority leader. aggressive monetary policy by the Fed, the present parliamentary situation? He has suggested a 13-week extension much lower energy prices, and the def- The PRESIDING OFFICER. The in unemployment insurance benefits; a icit spending we are already doing— pending question is Daschle amend- tax rebate for those who did not re- combine to help, if not lift, the econ- ment No. 2698. ceive a tax rebate previously and who omy to at least reduce the depth to Mr. BAUCUS. I thank the Chair, and are very likely to spend that money which it is dropping. I thank my good friend from Delaware, sooner rather than later; bonus depre- I am personally bullish about the Mr. CARPER, who is a great addition to ciation incentive for businesses to economy. I think there is a pretty good this body, to the country, and cer- renew capital investment, which has chance come spring we will be coming tainly does great service for his State been lacking for the last year or more out of this recession. Some have said it of Delaware. The Senator is a good now; and fiscal relief for States with will be a jobless recovery and maybe man. respect to their health care costs. mirror what we had in 1990, 1991, and Mr. President, like a lot of others, I My State of Delaware and other 1992. My sense is we will probably be have read the David McCullough biog- States are having a very difficult time coming out of it sooner rather than raphy of President John Adams. I com- as the rolls of the unemployed rise, as later. mend it to anybody listening who has the numbers of people who are eligible The Federal Reserve will meet next not read it. It is a wonderful story of a for Medicaid rise, and States need help week. They will debate whether or not colossus of a man, John Adams. It is so with that. to lower interest rates again by maybe inspirational, especially reading about As I look through that list of four another quarter of a percent. I have no that era in our country where men and proposals Senator DASCHLE has put for- crystal ball. I am not sure what they women were very concerned about ward, I see in those proposals ideas are going to do. They can do that or their futures, most of them having left that are essentially temporary, that make no change at all. England, oppressed by Great Britain, are stimulative, and do not exacerbate The time will come when the con- and how they reacted to it, with the our fiscal situation long term. cerns of the recession will give way to variety of people in the colonies at If we are going to do something in inflationary concerns. If we wait too that time with different backgrounds this regard—we have been dancing this long for this stimulus package, we are and certainly not having present-day dance for a long time—we need to get going to put ourselves in the position communications. Nothing traveled on with it. I applaud our leader for of instead of being in concert with the faster than the speed of a horse. It gave bringing it up early on, but if we do not Federal Reserve’s monetary policy people time to reflect. do something soon, it is really too late. where we pass a package that supports John Adams read thousands of books. When we were in economic recovery what the Federal Reserve does, we are He read all the political philosophers of and expansion during the 1990s, a lot of going to be offering a package that will the time in original Greek, in original people thought it was going to last for- stimulate the economy which is al- Latin, as did a lot of our Founding Fa- ever. We know it did not. Similarly, ready on the rebound and the Federal thers and women, too. Abigail Adams people think that when we are in a re- Reserve’s concerns will move to not so clearly was a great force in helping our cession it will last forever, too, and we much how do we get the economy mov- country come together. know from history that recessions do ing, but how do we dampen down infla- John Adams, as a major force for not last forever either. The history of tionary expectations. what was right for America, helped recessions since World War II is that I said to our leader any number of persuade the delegates assembled at they are generally a year and a half times: No bill is better than a bad bill the Continental Congress trying to de- long; most are 12 months in duration. with respect to economic recovery. cide the future of our country to break We have been in this one for almost 12 What he has proposed is not a bad bill. away and declare independence. He is months. I believe it is quite a good proposal. As the main reason for the words in the I think one of the reasons the landing I said earlier, I can certainly offer Declaration of Independence. Thomas has been as soft as it has been—and I changes that I would like to see adopt- Jefferson wrote them, of course, but it know it has not been for everyone—one ed that might make it better. Frankly, was John Adams who was the primary of the reasons this recession is not as so could our Republican friends as well. mover in helping to persuade men and deep as it otherwise might have been is This bare-bones approach works for women in difficult times to come to- because of some of the most aggressive me, but more important, I believe it gether and do what was right and break monetary policy by the Federal Re- will work for our country. It will pro- away from Great Britain. serve I have witnessed in my lifetime, vide the insurance policy along with Then came the Revolutionary War. maybe the most aggressive policy the Federal Reserve monetary policy, We were so ill prepared. Mr. President, January 24, 2002 CONGRESSIONAL RECORD — SENATE S75 35,000 British troops landed on Staten voted unanimously. It was very dif- Not surprisingly, 3 years of economic Island. ficult. Think of the southern Colonies, hardship have taken a toll on the farm We had such a difficult time putting the northern Colonies, much different economy. ERS statistics show farm troops together, and it was John backgrounds, but they came together. debt rising in the last 3 years at such a Adams, as the head of the War Board, They knew what was right for Amer- rapid rate, more than in the 1980s. In who foresaw far ahead of anybody else ica. On a much lower plane, if they other words, farmers are borrowing to how difficult the Revolutionary War could do what is right for America continue their operations. This in- would be and began putting together back in 1776, clearly in the year 2002 we creased debt load adds further to farm- the armaments in order to make that could pass a modest economic stimulus ers’ operating costs. happen and how to prevail and how to package that makes sense for America. In my home State of Montana, it is deal with the Brits. In that vein, I urge all of my colleagues anticipated that 40 percent of pro- I only mention this because as we are to work together. ducers seeking operating loans this debating an economic stimulus bill, an AMENDMENT NO. 2701 TO AMENDMENT NO. 2698 year will be denied if we fail to provide economic recovery bill, in many re- Mr. BAUCUS. Mr. President, I rise this assistance in this amendment. spects what we are doing is so far re- today to offer an amendment to in- Thus, if government efforts to sup- moved from those great Americans who clude extension of expired agricultural port farm income are now curtailed— met in Philadelphia, later met in disaster assistance programs to the with weather problems continuing, Washington, DC, in subsequent years, economic recovery bill. My amend- costs rising, and no time to recover in helping develop and frame our coun- ment, cosponsored by Senator ENZI, from the contraction in farm operating try. This is a sterile debate compared provides $1.8 billion for the Crop Dis- income since 1998—the economic im- with the debates they had. It is a very aster Program for losses incurred in pact on rural America could be dev- important debate, but it is a sterile de- calendar year 2001. Further, it provides astating. bate. It is very important clearly be- $500 million for the Livestock Assist- In a real sense, the economic prob- cause our economy is not out of a re- ance Program, $12 million of which will lems that have afflicted the rest of the cession. be directed to the American Indian economy in recent months have been Most businesses that study these Livestock Feed Program. plaguing the farm economy for several matters for their livelihood believe we Extension of these agricultural dis- years. are not out of the woods. The manufac- aster relief programs is necessary. Why A downturn in farm income does not turing sector is in very difficult do I say so? It is because of an unprece- just impact farmers; it wreaks havoc in straits. There is some data that indi- dented streak of poor weather and eco- the rural communities that depend cates maybe we are near the end of the nomic conditions continue to hamper upon them. Farmers in economic dis- so-called recession, but it is my belief, the economic prospects for farmers and tress are not able to make their usual in talking to people around the coun- ranchers throughout our country. purchases of seed and fertilizer, not to try, business men and women, that we Farmers in parts of the South and mention food and clothing. are not. That is clearly the case with northern-tier States have been particu- This makes the agricultural sector— respect to at least a couple of million larly hard hit. Although some sectors which is directly and indirectly respon- people who, in addition, have lost their and some regions have begun to re- sible for nearly one-fifth of U.S. gross jobs compared with previous years and cover, farmers’ overall earnings from domestic product—among the most deserve an extension of unemployment their farming operations, not including vulnerable sectors of the U.S. economy. compensation benefits. government payments, are down sharp- To ensure that the stimulus plan also We do need to come together in the ly from the levels in the mid-1990s. provides benefits to agriculture-de- way our forefathers did back then. I do The current difficulties could not pendent economies in the South Mid- not want to be too dramatic or too come at a worse time. west, and northern-tier States, my While struggling to survive three dis- simplistic about it, but when we look amendment extends the disaster relief astrous years, farmers are now faced back and think of what our Founding programs that have been critical to with sharply escalating operating costs Fathers and mothers did and how they shoring up farm income over the last 3 due to higher energy and fertilizer came together in very difficult times, years. prices, and basically higher operating it is very inspiring. I urge us to tap This will allow farmers—and the costs. into that, to remember what they did According to the most recent projec- rural economies that depend upon and to utilize and act in the same vein tions provided by the U.S. Department them—to share the economic support and try to do what is right for Amer- of Agriculture, total farm expenses provided to the rest of the economy in ica. were estimated to rise another $4.2 bil- the stimulus plan and make real I think if we are all honest with our- lion in 2001. This latest rise came on progress in recovering from the selves we know what is right is to for- the heels of a nearly $10 billion in- multiyear downturn they are now get this partisan bickering back and crease in total farm expenses in the struggling through. forth. Forget the labeling. Forget the preceding year, 2000. Simply put, many rural economies criticism. Forget trying to take credit. Caught between severe and erratic did not fully participate in the growth Just kind of do something which seems weather conditions and rising oper- in the 1990s. According to data from right, and right to me is some modest ating costs, American agricultural pro- the U.S. Bureau of Economic Analysis, tax stimulus to help business and ex- ducers have experienced a severe eco- growth in many rural States, including tending the unemployment compensa- nomic squeeze. Montana, Iowa, Oklahoma, North Da- tion benefits to help people who have The data kept by USDA’s Economic kota, Wyoming, Louisiana, and Mis- lost their jobs. Research Service demonstrate that net sissippi has lagged behind—in some Different Senators are going to have farm business income was at a decade- cases, far behind—the national aver- different ideas, but in the main I think low in 1999 and 2000. Thanks to a lim- age. we can do something pretty modest but ited recovery in some sectors, USDA In the same vein, according to the on target and very quickly. I am quite projects that farm business income will Bureau of Labor Statistics, over the confident the President wants the same rise slightly in 2001. last decade, job growth in rural areas thing and is trying to achieve the same Still, unless government assistance is has lagged far behind that in urban goals. I urge all of us on both ends of continued, net farm income in 2001 is areas. Pennsylvania Avenue to in a larger actually projected to be lower than Further, rural areas appear to have sense be inspired by our Founding Fa- farm income in those bad years of 1999 entered the current recession in late thers and think of the difficulties they and 2000. Even in sectors in which eco- 2000, almost a year and a half ago. had in working together, and they nomic conditions have been improving, Rural America seems to be the first to worked together. such as livestock, poor grazing condi- suffer a recession and the last to re- The Thirteen Colonies actually voted tions have pushed many ranchers to cover. For this reason and so many unanimously for independence. One feed heifers for slaughter rather than more, this stimulus bill should include State abstained, but 12 Colonies all using them to rebuild their herds. agricultural disaster assistance. S76 CONGRESSIONAL RECORD — SENATE January 24, 2002 I note that this amendment does not bill, the farm bill, probably in the next Subtitle B—Administration include a commodity purchase section couple of weeks, and I think that would SEC. ll11. COMMODITY CREDIT CORPORATION. that was the subject of much criticism be a more appropriate vehicle. I will The Secretary shall use the funds, facili- from the other side of the aisle. read my colleague’s amendment. I have ties, and authorities of the Commodity Cred- Some may recall that this provision great respect for him. My initial reac- it Corporation to carry out this title. was attacked for extending benefits to tion is it does not belong on this bill. I SEC. ll12. ADMINISTRATIVE EXPENSES. buffalo ranchers and asparagus farm- hope it will not be added to this bill. (a) IN GENERAL.—In addition to funds oth- ers—among others. I believe those at- We will no doubt vote in the not-too- erwise available, not later than 30 days after tacks were unfair and misdirected. I the date of enactment of this Act, out of any distant future. funds in the Treasury not otherwise appro- still support provisions for specialty I know there are colleagues on this priated, the Secretary of the Treasury shall crop producers. However, in order to side, and I assume we will alternate transfer to the Secretary of Agriculture to minimize controversy and move this amendments. Senator SMITH has an pay the salaries and expenses of the Depart- amendment forward, I have dropped amendment on accelerated deprecia- ment of Agriculture in carrying out this this provision from my amendment. tion. It is my hope to bring that title $50,000,000, to remain available until ex- Finally, I have letters of support for amendment up as well. pended. this amendment from the following or- Mr. BAUCUS. I call up my amend- (b) RECEIPT AND ACCEPTANCE.—The Sec- ganizations: The National Association retary shall be entitled to receive, shall ac- ment. cept, and shall use to carry out this section of Feed Growers, Montana Stock- The PRESIDING OFFICER. The the funds transferred under subsection (a), brokers, National Farmers Union, clerk will report. without further appropriation. signed by 26 State presidents, the Na- The legislative clerk read as follows: SEC. ll13. REGULATIONS. tional Cotton Council, the National The Senator from Montana [Mr. BAUCUS] (a) IN GENERAL.—The Secretary may pro- Cattlemen’s Beef Association, and oth- proposes an amendment numbered 2701 to mulgate such regulations as are necessary to ers. I also have a joint letter from the amendment No. 2698. implement this title. Montana Grain Growers Association Mr. BAUCUS. I ask unanimous con- (b) PROCEDURE.—The promulgation of the and the Montana Farm Bureau Federa- sent the reading of the amendment be regulations and administration of this sub- tion describing the desperate need for title shall be made without regard to— dispensed with. (1) the notice and comment provisions of this agricultural disaster assistance. The PRESIDING OFFICER. Without section 553 of title 5, United States Code; All I hear when I am home is the objection, it is so ordered. (2) the Statement of Policy of the Sec- need for this legislation. We are in dire The amendment is as follows: retary of Agriculture effective July 24, 1971 straits. We have not participated in the (Purpose: To provide emergency agriculture (36 Fed. Reg. 13804), relating to notices of national growth of the 1990s. We are assistance) proposed rulemaking and public participa- hurting. It is not just my State but in At the end add the following: tion in rulemaking; and many other parts of rural America. We (3) chapter 35 of title 44, United States TITLE ll—EMERGENCY AGRICULTURE Code (commonly known as the ‘‘Paperwork need this. ASSISTANCE I urge all colleagues to support this Reduction Act’’). Subtitle A—Income Loss Assistance (c) CONGRESSIONAL REVIEW OF AGENCY amendment and ensure this economic RULEMAKING.—In carrying out this section, stimulus program truly helps all Amer- SEC. ll01. INCOME LOSS ASSISTANCE. (a) IN GENERAL.—The Secretary of Agri- the Secretary shall use the authority pro- icans. That includes farmers, ranchers, culture (referred to in this title as the ‘‘Sec- vided under section 808 of title 5, United and those living in rural communities. retary’’) shall use $1,800,000,000 of funds of States Code. The PRESIDING OFFICER. The Sen- the Commodity Credit Corporation to make SEC. 14. EMERGENCY DESIGNATION. ator from Oklahoma. emergency financial assistance available to The entire amount made available by each Mr. NICKLES. Mr. President, I producers on a farm that have incurred of Subtitle A and Subtitle B— missed part of his statement. This is an qualifying income losses in calendar year (1) shall be available only to the extent amendment to the Daschle amend- 2001. that the President submits to Congress an ment? (b) ADMINISTRATION.—The Secretary shall official budget request for the amount that includes designation of the entire amount of Mr. BAUCUS. Yes. make assistance available under this section in the same manner as provided under sec- the request as an emergency requirement for Mr. NICKLES. It costs how much? tion 815 of the Agriculture, Rural Develop- the purposes of the Balanced Budget and Mr. BAUCUS. About $2.3 billion. ment, Food and Drug Administration, and Emergency Deficit Control Act of 1985 (2 Mr. NICKLES. To be expended this Related Agencies Appropriations Act, 2001 U.S.C. 900 et seq.); and year; and it is for what? (Public Law 105–277; 114 Stat. 1549A–55), in- (2) is designated by Congress as an emer- Mr. BAUCUS. Disaster assistance. cluding using the same loss thresholds for gency requirement under section 251(b)(2)(A) Mr. NICKLES. We are not doing the the quantity and economic losses as were of the Balanced Budget and Emergency Def- farm bill. used in administering that section. icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). Mr. BAUCUS. Right. (c) USE OF FUNDS FOR CASH PAYMENTS.— The PRESIDING OFFICER. The Sen- Mr. NICKLES. The Senator does not The Secretary may use funds made available ator from Illinois. under this section to make, in a manner con- Mr. DURBIN. Mr. President, I rise in want to wait another week or two? sistent with this section, cash payments not Mr. BAUCUS. Mr. President, the for crop disasters, but for income loss to support of the Daschle-Baucus amend- farmers cannot wait. We don’t know carry out the purposes of this section. ment which is being considered now. the prospect of the farm bill either. In- SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. What we have is an opportunity—and I come is going down the tubes; farmers (a) IN GENERAL.—The Secretary shall use hope a bipartisan opportunity—to do are going down the tubes. That is why $500,000,000 of the funds of the Commodity something about the economy. we are acting now. Credit Corporation to make and administer Senator DASCHLE has taken those Mr. NICKLES. Mr. President, I payments for livestock losses to producers elements of the Republican economic missed part of my colleague’s com- for 2001 losses in a county that has received stimulus plan and the Democratic eco- ment. I heard he would have an amend- an emergency designation by the President nomic stimulus plan that we agree on ment to add an agriculture section to or the Secretary after January 1, 2001, of and brought those to the floor, saying, which $12,000,000 shall be made available for the so-called stimulus bill. I don’t the American Indian livestock program use this as a starting point, as a bipar- think that underlying bill qualifies as under section 806 of the Agriculture, Rural tisan effort. a stimulus bill. I don’t see anything in Development, Food and Drug Administra- There are other ideas. Some on the the underlying bill that creates jobs. tion, and Related Agencies Appropriations Democratic side have concepts, and I Now we are talking about an additional Act, 2001 (Public Law 105–277; 114 Stat. 1549A– am sure those on the Republican side 2-point-some billion dollars to be added 51). do as well. What Senator DASCHLE is to agriculture payments. I don’t think (b) ADMINISTRATION.—The Secretary shall trying to do is to break the logjam, cut the amendment should be on this bill. make assistance available under this section through the rhetoric, and do some- in the same manner as provided under sec- I want to read the amendment. I tion 806 of the Agriculture, Rural Develop- thing. know many sections of our country in ment, Food and Drug Administration, and I am discouraged that when Senator rural areas are hurting in agriculture. Related Agencies Appropriations Act, 2001 DASCHLE tried to do that this morning We will be debating the agriculture (Public Law 105–277; 114 Stat. 1549A–51). in the Senate Chamber, some Members January 24, 2002 CONGRESSIONAL RECORD — SENATE S77 on the other side of the aisle objected. nois is going to change dramatically if ment just for that purpose. The ques- I hope this is not an indication that we the travel time to a hospital goes from tion is now whether the Republicans in are in another logjam, at an impasse 25 minutes to an hour and a half for the the Senate will join us in a bipartisan and unable to break through. elderly person struggling to press on effort to do something. I can tell you Clearly, we have a good-faith effort and live or for the woman delivering a right off the bat there will be Repub- to find a bipartisan economic stimulus baby. This makes all the difference in lican amendments that they might package. This package contains ele- the world. offer which I can’t support. ments with which I think Democrats I ask my colleague from Montana if I just left a hearing on Enron, which and Republicans should agree. I don’t he would comment on the Medicaid as- is the topic de jour on Capitol Hill. We believe there is any debate over the pect of this economic stimulus bill be- went through what happened in that fact of 5.8-percent unemployment in fore the Senate. corporation. It had a situation basi- this country and 8 million people out of Mr. BAUCUS. I thank my good friend cally where the Enron ship started to work, and there are a lot of people fac- from Illinois. The Senator is absolutely sink. The corporate officials and offi- ing hard times. This recession has correct. Unfortunately, we are in a re- cers grabbed the lifeboats and left the made it difficult for them and their cession, and the data we have is based pensioners and investors and employ- families. I read about it at home in the upon times when the economy was in ees to drown. That is exactly what hap- newspapers and hear it from people I better shape, a couple of years ago. As pened. As a result of that, there is lit- talk to who call the office. A lot of a consequence, the formula for distrib- tle sympathy on Capitol Hill for Enron. families face a difficult circumstance uting Medicaid payments from Uncle Yet one of the Republican economic and are trying to get by. Sam to the States is based upon old stimulus plans was to give—get this— What we are trying to do with the data, and now the hospitals are hurt- $260 million in tax breaks to that bank- economic stimulus bill is extend unem- ing, more people have less income, they rupt corporation. I am not going to ployment benefits for those who have cross the Medicaid poverty index, they stand for that. I will vote against that been unemployed so they can keep get lower payments—just the opposite every day of the week. Try to explain their families together. of what they should receive. As a con- to people back home why you want to If the problem in America today is sequence, what the leader suggested is give a tax break to a bankrupt corpora- the fact we have overcapacity of goods essentially about a $5 billion reim- tion where the officers and officials ba- and services and not enough demand bursement to the States that have lost sically fleeced investors across Amer- and we want to help the economy move revenue as a consequence of the down- ica, including the President’s mother- forward so more people make pur- turn. Revenue, in some respects, they in-law. chases, we want to give the resources will get. But with the tax provision Do we want to give a tax break to to those who will spend them. The first passed and the lagging economic data, that operation or a $1 billion tax break to spend these resources are those out these States are losing significant rev- to IBM? Those are issues we can debate of work. Every dollar given to that un- enues in the provisional help. at length and get to a vote on. I think employed worker for his or her family Mr. DURBIN. I thank the chairman. I there ought to be votes taken with will be turned into a purchase, an im- can’t believe the circumstance is any time limits for debate and get to the portant purchase for that family for different in Oklahoma. I have to be- bottom of it. It depends on the bipar- clothing, food, to pay the utility bill in lieve the hospitals in rural Oklahoma tisan will of this body. The Senate is the cold winter months, shelter, maybe and Illinois are facing the same prob- constructed so one Senator can stand even medical costs. I hope there is no lems. That is why this amendment of- up and object and that is basically the argument about that. I hope we can fered by Senators DASCHLE and BAUCUS end of the story. That is what hap- concede this is something to which as an effort to try to help those hos- pened this morning. both sides should agree. pitals really shouldn’t have much de- I hope my friends on the Republican There is another element in this bill bate. I, frankly, think if we don’t face side of the aisle will take another look. of equally importance relating to the this head on, we are going to face head I hope they will understand there are Medicaid system. Medicaid, of course, on a serious medical crisis in this coun- unemployed families in every State. is health insurance for the disadvan- try. We are going to see a lot of hos- They are not just Democrats. They are taged people in America and those on pital closures. We are going to see a lot Republicans and Independents, too. disability. What we have found in my of health care providers that can’t con- They have people who want a basic State of Illinois and across the Nation tinue to make provisions for those who helping hand. is that a lot of hospitals are facing clo- are in nursing homes and hospitals. If What we are suggesting to help is no sure today. States are seeing shrinking we don’t do something with this bill’s radical idea. President Bush’s father revenue and cannot match the Federal recommendations, if we get up in the did that. When he faced a recession dollars that might come in from Med- politics of the moment, if we find our- during his Presidency, he extended un- icaid and are cutting back for Medicaid selves time and time objecting to employment benefits. This isn’t some reimbursement. That means small hos- bringing this economic stimulus to the Socialist scheme we are coming up pitals, rural hospitals, inner-city hos- floor, it is going to be at the expense of with, I say to my colleagues on the Re- pitals, hospitals with a dispropor- the basic health care of small towns in publican side. This was considered a tionate share of elderly patients, and America—in the Midwest, Far West, good, sound, economic decision by the patients with disabilities are the ones and all over the United States. President’s father’s administration. that are facing closure. The Daschle- When you take a look at these two This morning we pick up the news- Baucus bill addresses that. basic provisions for giving a helping paper and find the political climate I ask the Senator from Montana if he hand to unemployed workers who are and scenery has changed quite a bit in would like to comment. When he trying to keep their families together, America. For a long time, we labored speaks of rural areas, the hospital Med- and giving a helping hand to health under the deficits with a lot of red ink. icaid reimbursement in his State prob- care providers that are particularly It meant that the national debt kept ably is similar to my own; inadequate hard pressed because of this economy, going up and up. So we had to collect to meet the current need. This amend- this section seems to be an excellent taxes from businesses and individuals ment, the Daschle-Baucus amendment starting point in our debate about across America just to pay the interest before the Senate now, provides, if I am moving this economy forward. on the national debt. This was not tax not mistaken, additional Medicaid as- There may be other amendments of- money collected for education or for sistance to these hospitals in this dif- fered on the other side. Senator the defense of our Nation or for health ficult time. I would not be surprised if DASCHLE says we are open to that sug- care. No. It was money collected to pay in Montana, as in Illinois, you had gestion. Let us have amendments of- interest on the national debt largely rural hospitals that were on the edge of fered on both sides and bring this bill held by foreign investors. closure. With this dramatic change in to conference. We have turned that corner. In the lifestyle, the quality of life in The President told us to get moving. last 6 years of the Clinton administra- smalltown Montana or smalltown Illi- Senator DASCHLE offered this amend- tion, we started generating surpluses. S78 CONGRESSIONAL RECORD — SENATE January 24, 2002 We started funding for retirement in their 401(k)s—investors and employ- trying to pass. That is the measure America. We could say to our kids that ees—didn’t get a chance to cash in that Senator DASCHLE wants to pass they were going to see in their lifetime their stock and were left holding the and then strike the language on the the publicly held national debt come to bag. Everything disappeared. Financial House-passed bill and insert it in. an end. That would basically have security was gone. The same debate is I suggest we take up H.R. 3529 and changed in our lifetime. The money going on here now. amend it. Again, we just want to make collected was going to be spent to There are those who want to give tax sure. H.R. 3529 is the bill we are trying make America a better place rather cuts to the wealthiest people in Amer- to bring up, and Senator DASCHLE is than paying interest on old debt. That ica at the expense of the retirement of trying to bring up his four-point bill. I was the trend line. the workers of America—the Social Se- have some reservations about that bill. The fiscal discipline we are facing curity trust fund. That doesn’t make My colleague from Illinois, I know, today and the Congressional Budget Of- sense. Let us not do an Enron on Amer- said a couple things he likes about it. fice report says the party is over. The ica. Let us make sure that we have a There are a couple things I do not like surplus is gone. We are back into defi- sound policy that really is good for this about it. cits. economy, and every part of it—small I am suggesting we take up the For some reasons, it is very easy to businesses, family farmers, and work- House-passed bill, what Senator explain. I voted to fight this war. I ers alike. DASCHLE is planning on eventually voted to give the President the money That is why the Daschle-Baucus pro- striking, and amending it with what- he needed for our troops. I would do it posal before us is a good one. It is one ever we come up with. again tomorrow. Did it add to the def- that starts us toward a path of doing I suggest we take up the House- icit? Yes. I do not think there is a per- something sensible to help the econ- passed bill which does not include any son in America—certainly not the par- omy but not something that will hurt provisions that would benefit Enron, ents and families of those who are serv- us in the long term. which I think may have been implied ing our country—who would have us I urge my colleagues, particularly on earlier. shortchange the men and women in the Republican side who objected to Mr. DURBIN. Will the Senator yield uniform. That is absolutely the right this economic stimulus package this for one more brief question? thing to do. We are going to continue morning, to please reconsider. Let us Mr. NICKLES. I am happy to yield. to do it, but it means more and more bring this to the floor. If you have Mr. DURBIN. Is it not correct, then, deficit spending so we can wage this some good ideas, let us have a debate your bill would have abolished the al- war successfully and bring our troops and vote—and a limit on the time we ternative minimum tax, a tax paid by home safely. So be it. put into that debate so we know it is corporations that otherwise have no Also, the fact is it has taken a toll on going to end and hopefully end up with Federal tax liability prospectively in our surpluses as well. There were some a bipartisan bill to send to the con- the future? projections that by now we would have ference. And maybe with the work on Mr. NICKLES. That is correct. The rosy scenarios and all sorts of good the House and Senate sides we can House-passed bill, H.R. 3529 effectively times ahead of us. It hasn’t happened. have a bill for the President by the be- reformed AMT prospectively. That is We are still in a recession. The reces- ginning of next week. That is impor- correct. It has had no benefit for sion takes money out of the Govern- tant. I think Senator DASCHLE has Enron, no cash benefits for IBM. So I ment coffers and adds to the deficit. stepped forward with a positive, sen- want to make that clear. We also passed a tax bill last year— sible, and fiscally conservative ap- Also, just for the record, I just had a a tax cut bill. Many of us cautioned, proach on this which is good for Amer- chance to read the amendment offered saying: Go slow. Don’t try to guess ica and which is good for our economy. by my friend, Senator BAUCUS. It has what the economy is going to look like I yield the floor. $2.3 billion in emergency agricultural 5 or 10 years from now. I may be wrong. The PRESIDING OFFICER. The Sen- assistance, $1.8 billion for the Com- It didn’t even take a year. In 8 months, ator from Oklahoma. modity Credit Corporation, and an ad- those rosy projections about surpluses Mr. NICKLES. Mr. President, I have ditional $500 million for the Com- have evaporated with the recession and just a couple of comments. My col- modity Credit Corporation that is des- with the war. It is over. That is why, league and friend from Illinois said ignated as livestock. And $12 million is with the suggestions of greater and something about this bill before us is for the American Indian Livestock Pro- greater tax cuts in the future, a lot of promoting tax credits. The House Bill gram, which I did not even know we us fought the battle to finally end the 3529 that this Senator tried to bring up had. Anyway, there is a $500 million deficits and move toward a surplus in and that passed the House just recently program for that. I think my colleague our Federal budget. We don’t want to reformed corporate AMT, and didn’t from Wyoming wants to speak on it. return to those bad old days. have anything that was going to be of I want to have printed in the RECORD For goodness’ sake, for our children, benefit to Enron. I want to make sure the emergency spending for agriculture let us retire this national debt and get that is understood. that we have done in the last 10, 11 back to fiscal discipline and a sound Mr. DURBIN. Will the Senator yield years. approach. We cannot give all the tax for a question? It has exploded, absolutely exploded. cuts that we all would like to give. Mr. NICKLES. I am happy to yield. For the years 1990 through 1995, the av- This is an election year. Every can- Mr. DURBIN. The economic stimulus erage was less than $1 billion a year. didate wants to stand in front of a package passed by the House, the Re- For the last 2 years, agricultural emer- crowd and say: I voted to cut your publican-sponsored package, the first gency spending was right at $15 billion taxes. People just cheer and big, broad package contained many billions of and over $11 billion. I think it has been smiles cross their faces. Folks are com- dollars in tax relief for corporations done kind of haphazardly, and maybe ing to understand that there is a price such as IBM and Enron. Is that not cor- done right before the end of the year, to pay for it. The $300 or $600 rebate rect? where agriculture has been in a tough checks they got last year added to the Mr. NICKLES. To correct my col- situation, and we just threw out a lot deficit. Money is now being taken out league, the bill we are trying to bring of money. I am afraid that is what we of the Social Security trust fund and up is H.R. 3529, and it contains re- would be doing if we added another $2.3 Medicare trust fund to pay for it. It is formed corporate AMT. The bill the billion. a price that we will pay. Senator is referring to did pass the What about reforming the crop insur- My colleague from Michigan, Senator House earlier. It is not what this Sen- ance program? We did that a couple STABENOW, said yesterday that this is ator is trying to bring up? The House, years ago. I remember being in this an analogy between what happened at as I am sure my colleague also knows, Chamber and everybody saying: Wait a Enron and what is happening here in passed the subsequent measure. That is minute, let’s fix the crop insurance this debate. At Enron, the top officials the measure that has bipartisan sup- program so we do not have to come cashed in their stock before it became port. That is the measure the President up—every time there is a drought or a worthless while the little guys who had supports. That is the measure we are flood—with a new Federal emergency January 24, 2002 CONGRESSIONAL RECORD — SENATE S79 program and write big checks. We are There being no objection, the mate- aster areas by the President or the Sec- going to fix the insurance program. rial was ordered to be printed in the retary of Agriculture. It provides fi- And we spent some money to fix it. RECORD, as follows: nancial relief to livestock producers And we have subsidized that program EMERGENCY SPENDING FOR AGRICULTURE: A who are experiencing livestock produc- enormously. BRIEF HISTORY OF CONGRESSIONAL ACTION, tion loss due to drought and other dis- What are we doing now? This is add- FY 1989–2001 asters. ing more money to agricultural emer- SUMMARY Livestock producers in my State of gency assistance. I know we have farm- From FY1989 through FY2001, twenty-one Wyoming have been hard hit by ers hurting in my State, just as there appropriations, authorization, or farm dis- drought. And the drought outlook for are in Montana, and I am sure in many aster acts have added $43.8 billion in emer- this year isn’t optimistic. In fact, right gency funding for U.S. Department of Agri- other parts of the country. We are hav- now we are having the driest winter culture (USDA) programs. Nearly $32.8 bil- that any of them can remember. ing a drought that is very significant lion, or about 75 percent of the total amount, in my State, as I am sure in many of was for FY1999–FY2001 alone. I was in a store and ran into an old the plains States as well. Since FY1989, the vast majority of the friend of mine and asked him how But I am looking at the total cost of total emergency funding has been paid di- things were going; and you could see this program. I will read through these rectly to farmers, primarily through two the drought was at the top of his mind last several years. In 1995, the total ag- mechanisms: ‘‘market loss payments’’ ($21.4 because that is what he brought up im- billion, all since FY1999) to compensate for mediately. He did not say whether he ricultural emergency assistance was low farm commodity prices, and disaster $600 million; the next year it was $140 was feeling well or his family was well. payments ($15.8 billion) paid to any producer The drought was causing the problem. million; the next year it was $400 mil- who experienced a major crop loss caused by lion; the next year, 1998, it was $160 a natural disaster. The remaining $6.6 billion And it was a different problem. Usually million; and then in 1999 it jumps all has funded a wide array of other USDA pro- at this time of year there is enough the way up to $6.62 billion—not $6.62 grams, including other forms of farm dis- moisture in the ground and enough million—$6.62 billion. Then the next aster assistance, speciality crop assistance, cold air in Wyoming that the ground year it doubles again to $14.99 billion; farm loans, overseas food aid, food and nutri- freezes. It is pretty solid. tion programs, and rural development assist- When the ranchers go out to feed— and last year, 2001, to over $11 billion. ance. Yet people are saying: Let’s add some and you have to feed when the ground Total annual funding additions in the 21 is frozen solid—they usually can go to more billions on top of that. acts providing emergency assistance to the spot where the cattle are and lay Then we are going to be dealing with USDA programs since FY1989 are as follows: down the feed. This year, they have to an agriculture bill in the next couple FY1989: $3.39 billion; FY1990: $1.48 billion; go to a different place every day and weeks, and people are going to say: FY1991: $0; move the herd because of the destruc- Let’s spend an extra $75 billion on top FY1992: $1.0 billion; tion they do to the land in raising the of that. Some of us will have an amend- FY1993: $1.3 billion; dust and covering the feed that has ment saying: Let’s look at who is get- FY1994: $2.57 billion; been put down because of how dry the ting what. There is a front-page article FY1995: $0.6 billion; FY1996: $0.14 billion; ground is. It would not even freeze in the Washington Post today that FY1997: $0.4 billion; hard. So the outlook for next year is talks about one farmer getting $38 mil- FY1998: $0.16 billion; worse than last year. And the year be- lion in the last 5 years. Then it basi- FY1999: $6.62 billion; fore that was a bad year. cally says there are thousands of farm- FY2000: $14.99 billion; There are some problems with the ers who are making enormous FY2001: $11.17 billion. Grand Total (FY1989–2001): $43.82 billion. Livestock Assistance Program in get- amounts—hundreds of thousands of ting any kind of continuing help. It ac- dollars—not $50,000, not $80,000, not Mr. NICKLES. Mr. President, I know tually anticipates you are only going $100,000. There are thousands of farm- my colleague from Wyoming, who has to have a problem 1 year. We are about ers who are getting hundreds of thou- an interest in this area, is waiting to to go into our third year, and, of sands of dollars. speak, as well as others. I yield the floor. course, nobody got any payments for I think for the top thousand or more The PRESIDING OFFICER. The Sen- the second year because that never got in Arkansas, the average payment was ator from Wyoming. put in anywhere last year, even though almost $500,000. I have some of those in Mr. ENZI. Mr. President, I appreciate we were promised that somewhere this my State. I think that is outlandish. the Senator from Montana, Senator program, that has existed and needs to And they can get it from all kinds of BAUCUS, offering this amendment. I exist, would exist. It has not existed. ways, including emergency assistance, particularly appreciate it because it You may not know that in the pri- including supplemental farm bills. We gives me an opportunity to recognize mary case of drought, producers usu- used to have limitations. We need limi- that this amendment will allocate $500 ally suffer the loss of grazing sources. tations. million in emergency spending for the The Livestock Assistance Program When we get to the farm bill, again, Livestock Assistance Program. commonly provides the means to buy I hope we will put limitations on the There was a lot of mention in this supplemental feed for their livestock. payments. In the Harkin-Daschle bill, Chamber about things we have done in Although Congress has made a full if I remember, farmers would be able to an emergency way for agriculture. The commitment to this program when it receive almost $500,000. And I read in program that we have left out has been authorized it several years ago, the the paper today people are able to get livestock assistance. The ranching program was not funded in fiscal year millions through multiple entities. We folks of this country have been the 2002 in either the emergency agricul- need to tighten that up. I know Sen- ones who for years have said they real- tural supplemental or the agricultural ator GRASSLEY has an amendment. ly don’t want the Federal Government appropriations fiscal year 2002 bill. Others on the Democratic side hope- helping them out. With the exception I believe this program funding is crit- fully will support it. I have one that of the drought programs, that has been ical to the continuing viability of will limit payments to $150,000. I am true. ranches in Wyoming and the West. This sure some people will say the sky is One of the difficulties is that they amendment would provide short-term going to fall because we limit farmers are not in line all the time for this immediate economic stimulus to Wyo- and entities to $150,000. Regardless, I money. Consequently, when they need ming’s agricultural population. The think we should do it. it, we do not always insert it. The program is appropriate for the eco- I think we should be debating the Livestock Assistance Program is an ad nomic stimulus package because it di- farm bill and agricultural assistance on hoc program that is administered by rectly stimulates the agricultural sec- the farm bill, not on the stimulus the United States Department of Agri- tor. This money will be spent imme- package. culture—USDA—through the Farm diately in rural areas, and it will be Mr. President, I ask unanimous con- Service Agency. spent to pay debt and to purchase win- sent to have printed in the RECORD the It is available to livestock producers ter feed for livestock—primarily the chart from which I was reading. in counties that have been declared dis- latter. S80 CONGRESSIONAL RECORD — SENATE January 24, 2002 The U.S. Drought Monitor, presented some good points, but I think they form of the crop insurance program, it by the United States Department of should be addressed. is not good enough for farmers and Agriculture, the National Drought One is, what about livestock; what ranchers to participate in it. It just is Mitigation Center, and the Climate about crop insurance. Why don’t we not available as a practical matter. Prediction Center show that the entire have a crop insurance program that In addition to that, it is unavailable Northwestern U.S. is experiencing ex- works, that takes care of disasters, today for crop losses in 2001. If you had treme and severe drought. This is the farmers who suffer disasters? Why do a loss on your crop in 2001, you cannot second year of continuous drought for we have to come along every once in a go now to buy Federal crop insurance Wyoming’s producers. In these condi- while with a disaster assistance bill? in 2002 which will cover losses in 2001. tions, the State’s natural resources If I might suspend, I see my friend It is too late. Even if you were to buy have been unable to recover. In order from Nevada in the Chamber. He may Federal crop insurance in 2002, you to conserve those resources, State and have a request. would not want to, a lot of farmers do Federal Government have evicted The PRESIDING OFFICER. The Sen- not want to because, as I said, it is so ranchers from State and Federal leased ator from Nevada. expensive and the coverage is so poor. land. Producers have been forced to Mr. REID. Mr. President, through the The last disaster bill passed here cov- find alternative grazing arrangements Chair to the chairman of the Finance ered losses basically because prices where pasture land is limited or sell off Committee, I express my appreciation were so low. The disaster assistance their herds. for his courtesy. bill before the Senate now covers nat- Many producers grazed hay fields last We have now been here all day work- ural disaster losses—drought, floods— summer and fall that had been slotted ing on this bill. The first amendment and also quality crop losses; that is, in- to provide winter feed. Virtually every offered is the amendment offered by sect, disease, or for whatever reason indicator—precipitation, snow pack, the Senator from Montana, chairman the quality of the crop is so poor that reservoir levels—shows that the of the committee, which has wide sup- the farmer takes a large cut. This is not a new program. This drought may get worse. port. It is a bipartisan measure. Its amendment only provides dollars for In fiscal year 2001, that is the year sponsorship is bipartisan. existing disaster relief programs. For before last, the Livestock Assistance I ask if we could have a vote on this crops, it is a 35-percent loss, and for Program was funded at approximately matter at 3:30. That would be 45 min- livestock, under the livestock emer- $430 million. In Wyoming, 933 producers utes to continue the debate. The vote gency feed program, it is a 40-percent received $7,752,029. That is an average would be on or in relation to this loss in grazing over 3 months; for qual- of $8,000 per producer. You can see amendment. I ask unanimous consent ity loss, as I recall, it is about a 25-per- where that would just buy feed to get that that be the case. The PRESIDING OFFICER. Is there cent loss. It is existing programs. them by through the drought. In many States across our country, objection? Nationally, it provided assistance to we find counties that have already Mr. MCCONNELL. Mr. President, re- about 186,000 producers at 88 percent of been declared disaster counties for pur- serving the right to object, the man- their grazing loss—that depends on poses of this amendment. how many people put in for this lim- ager of this bill on our side is off the For example, I will read some of the ited number of dollars—but at 88 per- floor for a moment. Until he arrives States. In Iowa: $17 million would be cent of their grazing loss for the and is consulted, I object. available for crop disaster, $3.1 million drought. And this year, again, the need The PRESIDING OFFICER. Objec- for livestock. In Oklahoma—my good is similar. We are looking at perhaps tion is heard. friend from Oklahoma, Senator NICK- another year of it yet. Providing the Mr. REID. Mr. President, I under- LES, would be interested in this—it is program with $500 million for drought stand the Senator from Kentucky hav- about $50 million in disaster assistance experienced in 2001 would ensure that ing to object. I would hope that the to farmers in Oklahoma for crops, and producers receive assistance for 100 floor staff would alert Senator GRASS- about $40 million for livestock disaster percent of the anticipated grazing LEY to my request. If that time is not assistance; Texas, $436 million for losses due to the drought. sufficient and there are other people crops, $92 million for livestock. The list Wyoming producers would receive ap- who want to speak on it, we have abso- goes on: Wyoming—Senator ENZI, of proximately $9 million. Again that is lutely no problem with that. I do think course, is cosponsoring this amend- about $9,000 per producer. The USDA we should have a vote as quickly as ment—Tennessee, a significant has indicated that this level of funding possible. amount; Mississippi, a cotton State, would be sufficient for this year. Half I will renew that request at a subse- $70 million for cotton producers as a of Wyoming’s counties have been de- quent time after the message is related consequence of disaster to the cotton clared drought disaster areas for the to Senator GRASSLEY and also to the industry in that State; Montana, of second continuous year. The Secretary minority leader. course, and I might also add that there of Agriculture has already officially I ask unanimous consent to be listed are many others. At the appropriate declared many counties as disaster as a cosponsor of this amendment. point, I will indicate all of the States areas in the livestock producing States The PRESIDING OFFICER. Without that qualify. of Montana, Idaho, Washington, Colo- objection, it is so ordered. I might also address a point made by rado, Nebraska, Kansas, Oklahoma, The Senator from Montana. the Senator from Oklahoma that all Missouri, Iowa, Texas, Kentucky, and, Mr. BAUCUS. Mr. President, just these big farm bill payments—he read of course, Wyoming. some basic points to clear the air and in the paper a lot of farmers get very I ask my colleagues to take a long, to get the facts straight. high payments under the farm pro- hard look at the merits of this amend- It has been suggested that we have gram. That is comparing apples with ment. This amendment would provide crop insurance and why isn’t crop in- oranges or watermelons with peanuts the livestock producers with what ev- surance sufficient to compensate farm- or whatever products you want to take. erybody has been saying would be pro- ers and ranchers through disaster. The We are not talking about the farm bill, vided; that is, the opportunity to con- argument is made that we have a crop Mr. President. This debate is about tinue their operations and to stay in insurance program. Why do we need emergency agricultural disaster assist- business for 1 more year. disaster assistance? The answer is ance, which is entirely separate from I ask my colleagues to support this quite simple. the farm bill. bill and to pray for rain and snow in First of all, the crop insurance pro- It is true that some farmers, under the West. gram does not cover livestock. So that the current farm program, get high I yield the floor. point is irrelevant. Second, with re- payments. It is also true that there are The PRESIDING OFFICER. The Sen- spect to crops, program crops, there very significant limitations on which ator from Montana. are a couple of points. No. 1, very few farmers or ranchers can get disaster as- Mr. BAUCUS. Mr. President, I rise to farmers buy Federal crop insurance. sistance—very significant limitations. make some points in response to the Why? Because it is so expensive and A farmer or rancher cannot get dis- Senator from Oklahoma. He makes the coverage is so poor. Even with re- aster payments over $80,000. We hear January 24, 2002 CONGRESSIONAL RECORD — SENATE S81 about farmers who get large payments twice as much to ship a bushel of Below an area called Yankee Jim Can- under the farm program. Much of that wheat than do farmers in other parts of yon to the mouth of the Big Horn is justified because they are large the country who ship that wheat the River, you can wade across the Yellow- farms. But that is irrelevant to this same distance. Why? Because there is stone River and never get your knees point. This point is, what do farmers competition in the other States. There wet, which gives you some indication receive and what should they receive is none, for all intents and purposes, in of the impact this drought has had on under disaster assistance? Montana. There are other cases around my State—now going into its fourth There is an $80,000 limitation. A of captive shippers. It is not of suffi- year. farmer or rancher cannot receive more cient competition to get trucker or rail It is hard to imagine you would have than that in disaster payments. But rates low enough. less than a bushel an acre in combining $80,000 is not a lot of money. That is However you slice it, this is a sector and fewer prospects of any kind of in- gross payment. Think of all of the of the economy that is in deep trouble. come. For the marginal producers, costs that farmer or that rancher has For a specific, unique reason—weather- those days are gone. There is a ritual to incur. That is not $80,000 in his pock- related, cost-related—if we are going to that goes on in our State. et, that is $80,000 to cover expenses and pass an economic stimulus bill, as we Every year about this time is when losses. Mr. President, I guarantee you should, because our country still needs you and your wife gather up your it would not even come close to mak- a stimulus that is fair, direct, short books and make the annual trek to see ing a farmer whole. term, a shot in the arm, agriculture your banker and arrange for operating There is another limitation, where no should be included. loans for another year. Those banks payments can go to any farmer or Agriculture, directly and indirectly, that do a lot of business with owners of rancher whose gross income is $2.5 mil- is one-fifth of America’s gross domestic farms and ranches are telling me that lion. That may sound like a lot of product. I will bet a lot of people living even some professionals are marginal money, but not if it is gross. Anybody in cities do not know or appreciate because of no crops, none at all. who knows anything about farming or that. But agricultural production, di- I ask unanimous consent that I be ranching knows that what farmers and rectly and indirectly—that is, suppliers made a cosponsor of this amendment. I ranchers receive as their net profit, in and expenditures farmers make on not thank my friend from Montana for of- most cases, is zero. In many cases, it is only equipment but farm products and fering it. less than zero, or maybe a little bit also farm services, and they also buy The PRESIDING OFFICER. Without more than zero. The net return on clothes and pay the bills and so forth— objection, it is so ordered. farmland in America is a pittance. But it amounts to one-fifth of America’s Mr. BURNS. Mr. President, I am still farmers and ranchers endure that low gross domestic product. If we are going a little concerned about on what bill rate of return because it is a way of to pass a stimulus bill, certainly a good this amendment is being offered. I life. portion of it, a significant portion, or a want this to pass, and I would hate to Mr. REID. Will the Senator yield for small portion should include agricul- see it passed in the Senate and we get a question? tural disaster assistance. a good warm and fuzzy feeling inside Mr. BAUCUS. Yes. I will yield the floor. I see my very and then we lose it in conference or we Mr. REID. I can remember many good friend, my colleague from our lose the stimulus altogether. I do not years ago in the farm industry when State, on the floor. I am honored that know what is ahead. I do not see that the cost of pieces of equipment was al- he is here to speak on the amendment. in my crystal ball. I see a very hazy most nothing. Now one of those trucks I know a lot of farmers and ranchers in picture. This amendment needs to be can cost a million dollars. Would the the country are pleased to see Senator adopted because this is not only hap- Senator indicate how much farm equip- BURNS supporting this effort. pening in the State of Montana, it is ment costs, generally speaking? We see Mr. BURNS. I thank my colleague happening in other States as well. the little John Deere tractor you used from Montana. I thank him for pre- Keep in mind that the American peo- to be able to buy at Sears Roebuck. senting a bare-bones amendment cov- ple have agreed they still want this in- Now these pieces of equipment cost ering the emergency agricultural situ- surance policy of our ability to feed hundreds of thousands of dollars per ation we have in our State. He is ex- and clothe this Nation and not become farm; is that correct? actly right. There are a lot of folks dependent on other sources for our sub- Mr. BAUCUS. That is correct. The who do not realize how big agriculture sistence. Senator makes an excellent point. is in our overall economy. I heartily urge my colleagues to sup- Farm machinery costs have sky- You know, it is not surprising be- port this amendment. I thank the rocketed. It is obscene how much trac- cause each and every one of us in this Chair, and I thank my friend from tors cost. A combine is over $100,000. I country goes about our way feeding Montana. I yield the floor. The PRESIDING OFFICER. The Sen- know; I was raised on a ranch. I am as- and clothing ourselves. Everyone plays ator from New Hampshire. tounded at how much farm equipment a part. It may not be in the area of pro- Mr. REID. Mr. President, will my costs today. It is just ridiculous. On duction, but it could be in the area of friend yield for a unanimous consent top of that, it cannot be used, in most transportation, or processing, adver- request? cases, year round. It is not like a fac- tising, presenting, or the marketing of Mr. GREGG. Certainly. tory where you get to use the equip- food products. I don’t think there is a The PRESIDING OFFICER. The Sen- ment all the time and have 60, 70, 80, 90 country like ours in the world that has ator from Nevada. percent capacity. Most farm equipment the advantage of eating fresh fruits and Mr. REID. Mr. President, I have been is only used for a short time. You can vegetables all through the year, even told that Senator GRASSLEY has not only harvest cotton a certain time of though you may live in the north- been contacted. I will wait until he has the year or bail hay or combine grain. eastern part of the country where it is been contacted. It is a very short season. It is not year snowing and blowing. So it is a mar- The PRESIDING OFFICER. The Sen- round. So it is a very expensive piece of velous system, a system that is held ator from New Hampshire. equipment that does not get a great high as an example around the world. Mr. GREGG. Mr. President, I rise to rate of return because it cannot be When this subject was first offered speak about the stimulus bill and ad- fully utilized, to say nothing of all the last fall, it was pretty well loaded up. dress one of the issues I hope we will be other increased costs that are greater I think we tried to boil the fat out of it able to address as we move forward on for farmers or ranchers; namely, fuel, and offer some assistance to some peo- this bill. I recognize the parties are fertilizer, and other things; all of that ple who have been impacted. We are trying to reach an agreement on a has gone through the roof, including going into our fourth year of drought. package which is acceptable to both freight rates. There are many in this Chamber and sides and which is bipartisan. I am from a State which is a captive many people across the country who In that effort, the majority leader shipper State. There is virtually no rail have seen that wonderful river called has put forward a bill. Unfortunately, a competition in my State. Shippers in the Yellowstone River, which flows large section of this bill, 25 to 30 per- my State ask grain farmers to pay through the park to Williston, ND. cent, is new language which has not S82 CONGRESSIONAL RECORD — SENATE January 24, 2002 been agreed to by both sides, and there generates more money to the Federal have crop losses due to natural disas- are serious reservations on our side Government in the way of revenues ters. I thank the Senator for his leader- about it. than if we do not do anything in the ship and strongly support this amend- There are initiatives within the bill early years. In the outyears, we lose ment that will provide disaster assist- which are agreed to, however, such as money. ance to farmers who need it and will be extending the unemployment com- If we sunset a capital gains tax cut further devastated without it. pensation. In addition, there are other after 2 years, the practical effect is American agriculture has been in a ideas that were agreed to, we believe, that we get the good side. We get the recession for the last several years; or that could be added to this bill. That new revenues, added revenue activity even for some farmers, a depression. has been highlighted by many of the without the outyear activity of re- Last August, the Minnesota Farm speakers. duced revenues. As a practical matter, Service Agency calculated that Min- I note one idea that I think we a capital gains tax cut which has a 2- nesota farmers had suffered $500 mil- should consider because it is bipar- year sunset attached to it, as did my lion in crop losses in the first half of tisan—and there does seem to be some amendment when I offered it last year, 2001. Then in November of last year, general agreement for it, and it is a is basically a window of opportunity the U.S. Department of Agriculture an- win-win issue for us from the stand- for people to free up assets which are nounced the largest monthly drop in point of public policy—and that is the presently locked down, take the money commodity prices in USDA’s 91 years need to reduce the capital gains rate. from those assets, pay taxes, and, as a of recording that statistic. In a single We are talking about economic stim- result, add more money to the Treas- month, overall commodity prices ulus. We are talking about creating ury and then take that money and re- plummeted nearly 10 percent nation- wide. With prices that low, farmers jobs. We are talking about increasing invest it in something which will argu- have no ability to withstand additional productivity so our economy starts to ably be a more efficient use of those losses that a disaster creates. At that move a little more aggressively. Prob- dollars. time last November, the Senate Agri- ably nothing can be more of a positive By doing that, it creates more cap- culture Committee was completing its factor for that than to make capital ital in the marketplace which in turn markup of legislation that would pro- more readily available for people to in- creates more economic activity which vide desperately-needed assistance to vest and, as a result of investing, cre- in turn creates more jobs. farmers and producers. Amazingly, we ate jobs. The result of an expansion of The practical effect of a capital gains spent most of December sitting capital activity is the creation of jobs. tax cut which has a sunset attached to through a filibuster of the farm bill. One of the most effective ways to cre- it is that it is a win-win event for us That filibuster was harmful to all ate more capital in the marketplace from the standpoint of public policy in farmers—it was catastrophic to those and make more resources available is that, one, it generates more revenues who need disaster aid and whose farms to make the cost of capital less, and during a time when we are heading to- may not survive without it. Senator that is what a cut in the capital gains ward a deficit and those revenues will BAUCUS’ amendment will provide this tax accomplishes. assist us in alleviating that deficit and, vital assistance before is too late. I A cut in the capital gains tax was two, it generates more economic activ- urge my colleagues to support this proposed when we addressed the tax ity, more efficient use of capital and, amendment. bill last year. At that time when I as a result, it generates more jobs. I yield the floor. made that proposal, it failed on a very As we move down the road of debat- I suggest the absence of a quorum. close vote, 47 to 51, with two people not ing this issue of economic stimulus and The PRESIDING OFFICER. The voting. Interestingly enough, it was a we are looking for bipartisan concepts clerk will call the roll. bipartisan vote in favor of cutting the which makes sense, I suggest we take a The assistant legislative clerk pro- capital gains rate. hard look at the capital gains tax cut ceeded to call the roll. Why was that? Because the amend- which I proposed during the prior proc- Mr. BAUCUS. Mr. President, I ask ment I proposed at that time had a ess. unanimous consent that the order for sunset to it. It was a 2-year proposal During that process, as I said, the the quorum call be rescinded. which reduced the rate from 20 percent amendment was offered. It failed on a The PRESIDING OFFICER. Without to 15 percent, but only for 2 years so it narrow vote. I think some people voted objection, it is so ordered. would not have a negative long-term against it because they were com- The PRESIDING OFFICER. The Sen- impact on the budget. In fact, by mitted to this package or that pack- ator from Montana. sunsetting it after the 2-year period, age, not because they did not think Mr. BAUCUS. Mr. President, I have a we will actually have a positive capital gains reduction, especially letter addressed to me, signed by cashflow situation. when it was sunsetted, was a bad idea. James Echols, who is chairman of the Why is that? If we generate the cap- I note that the people who voted for National Cotton Council. I will not read the entire letter, but I will read ital gains activity from assets which it—it was a significant bipartisan vote the operable paragraph. Essentially, are locked up, which are not being in the context of tax matters. used—for example, if somebody has As a practical matter, as we move the letter urges the passage of the owned stock for 10 years, 5 years, or down this path to a stimulus package, pending amendment and it includes this statement: even 2 years but they are not going to I hope we revisit this issue of cutting sell that stock because they think the the capital gains tax rate for 2 years Cotton producers have suffered late season losses from flood damage in the Mid-south capital gains tax on it will be too high, from 20 to 15 percent and, as a result, and dry growing conditions followed by ex- if we can do something which causes generate more revenues for the Treas- cessive moisture during harvest in West that person to sell that stock, then we ury, create more economic activity, Texas. In most cases crop insurance coverage create a taxable event. create more efficient use of capital, was inadequate or nonapplicable as damage We have proved throughout history and in the end the biggest plus will be occurred to seed cotton stored in modules in our country that every time we cut that we will be creating more jobs. stored in the fields while waiting to be the capital gains rate, it generates a Mr. President, I yield the floor. ginned. Further we understand crop insur- ance policies have a provision which deny lot of economic activity. A lot of peo- The PRESIDING OFFICER (Mr. NEL- coverage for losses due to unnamed storms ple sell assets, which are capital assets, SON of Florida). The Senator from Min- such as the one that occurred in the Mid- in order to take advantage of that nesota. south last fall. Producers of other commod- lower rate, assets which they would not Mr. DAYTON. Mr. President, I rise ities have suffered similar losses and also have otherwise sold. today to speak in support of Senator need assistance. What happens as a result is that we BAUCUS’s amendment to provide dis- I ask unanimous consent that this create more taxable events. And what aster assistance to farmers. I begin by letter from the National Cotton Coun- happens as a result of that is the thanking my very distinguished col- cil be printed in the RECORD. Treasury gets more money. So in any league from Montana who has consist- There being no objection, the letter reasonable scoring of the capital gains ently championed the need to help was ordered to be printed in the issue, a capital gains tax cut actually farmers throughout the country who RECORD, as follows: January 24, 2002 CONGRESSIONAL RECORD — SENATE S83 NATIONAL COTTON COUNCIL Mr. DORGAN. I suggest the absence Second, providing a tax rebate to ev- OF AMERICA, of a quorum. eryone who did not get one last year. Washington, DC, January 24, 2002. The PRESIDING OFFICER. The The part of the President’s tax cut that Hon. Senator MAX BAUCUS, clerk will call the roll. was the most popular and the most Chairman, Committee on Finance, Senate Hart The legislative clerk proceeded to Building, Washington, DC. successful was the tax rebate. That was DEAR MR. CHAIRMAN: The National Cotton call the roll. our idea. We talked about the tax re- Council appreciates your continued support Mr. REID. Mr. President, I ask unan- bate. We talked about the tax rebate for inclusion of funding in the economic imous consent that the order for the idea, and the President took that. stimulus package to provide assistance for quorum call be rescinded. Fine, all ideas from wherever they weather related crop losses. Weather related The PRESIDING OFFICER. Without come, if they are good, should be used. losses in many parts of the Cotton Belt have objection, it is so ordered. The tax rebate idea was our idea. We made a dire economic situation much worse. Mr. REID. Mr. President, while we believe those people who did not get Cotton producers have suffered late season are waiting to hear from the minority losses from flood damage in the Mid-south one should get one this year. We have and dry growing conditions followed by ex- as to whether or not we can agree on a already taken steps to help some of our cessive moisture during harvest in West certain time for a vote on this very im- ailing businesses, such as airlines, Texas. In most cases crop insurance coverage portant amendment, I would like to in- which in the process helps other indus- was inadequate or non-applicable as damage dicate how I personally feel. tries and corporations. occurred to seed cotton stored in modules We need an economic stimulus pro- What about consumers? This tax re- stored in the fields while waiting to be gram. We need it now. With America in bate will increase consumer spending. ginned. Further we understand crop insur- the midst of a recession, there is no As consumers are more active and are ance policies have a provision which deny time for delay. Our Nation cannot af- able to purchase more, businesses will coverage for losses due to unnamed storms ford to have Congress play games for such as the one that occurred in the Mid- respond by increasing investment and south last fall. Producers of other commod- political purposes. We do not need to, production. ities have suffered similar losses and also and should not, wait until the Presi- Third, increasing the bonus deprecia- need assistance. dent addresses the Nation in the State tion deduction available to businesses We realize the daunting task facing Con- of the Union Address on Tuesday. We for certain capital costs. This will en- gress in building a consensus for an eco- should take action before then. Now is courage businesses to invest more now, nomic stimulus package. However, we urge a time to move forward and, in so and that will spur economic growth. the Senate to include assistance for weather doing, help our Nation’s economy move related crop losses. Talk about a shot in the arm. If this Thank you for your favorable consider- forward. depreciation allowance is not good for ation of our request. My concern, of course, is that we this year, when are they going to do it? Sincerely, have a situation where, as reported They are going to do it this year. JAMES E. ECHOLS, yesterday in the press, there are some Fourth, providing fiscal relief for Chairman. who do not want to move forward. I States by temporarily increasing the Mr. BAUCUS. Mr. President, I also have the greatest respect for the mi- Federal Medicaid matching rates. Most ask unanimous consent that Senator nority leader. I have worked with him States, as a result of the financial LANDRIEU of Louisiana be added as a now for many years. When asked yes- strain on the budget, have imposed sig- cosponsor of this amendment. terday, would debate likely last nificant cuts on Medicare eligibility, or The PRESIDING OFFICER. Without through next Tuesday, meaning the if they have not, they are in the proc- objection, it is so ordered. State of the Union Address, Senator ess of doing that. Why? Because they Mr. BAUCUS. Mr. President, seeing LOTT said: It might—pause—and then are running out of money. So we must no speakers at this point, I hope my co- winked to the press. Meaning, of protect Medicaid programs from budg- manager, my good friend from Iowa, course, with the wink and the nod, that et cuts to improve health care for Ne- Senator GRASSLEY, will come fairly the answer to the question was—yes, vadans, and all Americans, and ease quickly so we can get an agreement on this would be stalled until the State of the burden on States. further time remaining for debate on the Union. Our plan, then, attends to critical this amendment. When that occurs, There are a lot of important things needs and offers immediate help. then we will get closer to a vote. we can do to help the country, not the Some amendments or alternatives I yield the floor. I suggest the ab- least of which is this amendment of supported by both parties have merit, sence of a quorum. which I am a cosponsor, offered by the but not the votes needed to pass. But The PRESIDING OFFICER. The chairman of the Finance Committee we have a process here. The majority clerk will call the roll. and also the Senator from Wyoming. leader came today and said: You have The assistant legislative clerk pro- We need to move forward on this legis- four, we have four. We will even agree ceeded to call the roll. lation. to time limits on those. They simply Mr. DORGAN. Mr. President, I ask We have an economic stimulus plan refused to do that. unanimous consent that the order for that helps accomplish that. It is not We have propounded an agreement to the quorum call be rescinded. perfect, but it is one whose component say let’s have a vote at 3:30. That was The PRESIDING OFFICER. Without parts will get more than 60 votes. It is 45 minutes ago. We are willing to re- objection, it is so ordered. part of a bipartisan agreement. It is a sume that and have a vote in a half Mr. DORGAN. I ask to be added as a good plan made up of solutions Demo- hour. Vote on this amendment offered cosponsor of the amendment offered by crats and Republicans alike would sup- by the chairman of the Finance Com- the Senator from Montana, Mr. BAU- port. This plan would have immediate mittee and Senator ENZI. This is an im- CUS. I know he has offered this amend- impact and help those most in need. portant amendment dealing with a ment previously on a different vehicle. What do we propose? First, extending large segment of our society. It would This amendment is critically impor- unemployment benefits for an addi- stimulate the economy. tant to farm States, to farmers, and tional 13 weeks for all workers who But neither the plan embraced by the Main Street businesses that are trying have exhausted their unemployment House Republicans nor the plan sup- to do business in a pretty tough econ- insurance benefits after September 11. ported by Senate Democrats on the Fi- omy. This is an awfully good amend- Talk about stimulus. Try giving money nance Committee would receive 60 ment, as has been stated by a number to people who have nothing. They will votes in the Senate. It is a fact of life. of colleagues on both sides of the aisle. spend it. That will help the economy. We have had people today on the floor, I hope we get a strong bipartisan vote They will be buying groceries, they from the minority, saying: It has a ma- for it. I commend Senator BAUCUS for will be buying small appliances—tires jority. Why don’t they let it come for- this amendment. It is a great idea. It is for their car maybe. Assisting working ward? It has a majority. important. I ask unanimous consent to families in this way is not only the We are in the Senate. We did not set have my name added as a cosponsor. compassionate thing to do but also an the rules yesterday. They were in the The PRESIDING OFFICER. Without effective way to jump-start the econ- process of developing starting 200 years objection, it is so ordered. omy. ago. Some object to requiring 60 votes S84 CONGRESSIONAL RECORD — SENATE January 24, 2002 for approval of an economic stimulus So it is very unfortunate that the mi- economies in the areas affected. We hope bill or an amendment. That is the way nority is now saying the House bill has that during the upcoming debate on the Eco- it is. more than 50 votes over here, why nomic Stimulus package that you will con- If they want to use that logic, I think won’t you just let us bring it up and tinue your support of this very important it is something we should maybe program. pass it on that basis? Because we live The program funds will be used imme- strongly consider accepting. If that in the mature world of the Senate. diately to help producers offset the increased were the case, we could go back and That is how things work here. cost of feed and forage acquisition due to look at campaign finance reform, As I have said, Senator DASCHLE’s Mother Nature. NCBA continues to work which passed the Senate by 59 to 41, a plan is not perfect but it is the best he with USDA, land-grant universities, exten- majority vote. We would already have could do. It is what we agree on. That sion service personnel, local and state gov- campaign finance reform. Many of the is the consensus package. I think we ernments, and state cattle associations to questions involved in the Enron inves- should pass it quickly, and I wish we address the best use of funds that will be available. tigation would no longer be an issue could do that. I hope we can do it be- because campaign finance reform Thank you for the opportunity to share fore Tuesday. But with winks and nods, these requests with you. Please contact would have already been passed. it appears we will not be able to do NCBA staff at 202–347–0228 if you have any Or the Social Security lockbox, that. questions or concerns with these or any which passed 53 to 47. It is a majority Mr. President, there is nobody in the other issues. plus 2. If that were the case, using minority on the floor so I do not want Sincerely, their logic, all of these votes we have to offer my unanimous consent re- LYNN CORNWELL, had over the years—I will just limit it quest, but I am going to offer it in the President. to the last couple of years where we next few minutes. I ask everyone to be have gotten more than 51 votes—those THE NATIONAL ASSOCIATION alerted to that. OF WHEAT GROWERS, things would be law. I suggest the absence of a quorum. In the Senate, because of the rules we Washington, DC, November 12, 2001. The PRESIDING OFFICER. The NAWG SUPPORTS DISASTER SPENDING have, you need 60 votes. That is the clerk will call the roll. way it is. I accept that. But for people PROPOSED BY SENATE FINANCE COMMITTEE The legislative clerk proceeded to WASHINGTON, D.C.—The National Associa- to come here and say: We have the ma- call the roll. jority, why won’t they let us do it?— tion of Wheat Growers (NAWG) expressed Mr. BAUCUS. Mr. President, I ask support today for including agricultural dis- they should be very careful with that unanimous consent that the order for aster spending in the stimulus package being logic because I just picked two exam- the quorum call be rescinded. considered in the Senate. Several wheat pro- ples. There are scores of them, in addi- The PRESIDING OFFICER. Without ducing states have experienced crop disas- tion to campaign finance reform and objection, it is so ordered. ters in 2001, and NAWG views this mecha- Social Security lockbox. And the So- Mr. BAUCUS. Mr. President, while nism as an appropriate way to provide much- needed assistance. cial Security lockbox vote is becoming we are waiting for an agreement—I more important each day because we ‘‘Many of our nation’s wheat producers had hope that comes very soon—on the severe crop disasters that not even crop in- are now spending Social Security sur- time to vote on the pending amend- pluses. surance will completely mitigate,’’ said ment, I would like to introduce into NAWG President Dusty Tallman. ‘‘In this pe- The American public should under- the RECORD letters of support for the riod of poor economic conditions, these stand. The Social Security surpluses amendment. farmers are unable to bear the burden of crop are being spent this year. For the last The first is from the National Cattle- failure.’’ 4 years we have not been spending men’s Beef Association, a letter to my- Proceeds from the disaster assistance will them, but now we are. largely go to repay loans and expenses This stimulus plan now before the self signed by Lynn Cornwell, president against the drought-stricken 2001 crop. Senate offered by the majority leader of the NCBA; next, a news release from ‘‘Rural America is in as much need of eco- was created from a consensus. I would the National Association of Wheat nomic stimulus as anywhere else,’’ said like to have added more stuff to this. I Growers expressing support in favor of Tallman, ‘‘and in this way we can provide think we need something in a stimulus the pending disaster relief amendment; support to hard-hit farmers and the commu- nities where they live.’’ package to help tourism. The State of next, a letter from the National Farm- ers Union in support of this amend- NAWG is a nonprofit organization rep- the Presiding Officer, Florida, relies resenting U.S. wheat growers who, by com- heavily on tourism. Tourism has been ment signed by 26 different State farm- bining their strengths, voices, and ideas are hurt very badly in the State of Florida ers unions; letters to me from the Mon- working to ensure a better wheat industry and other places in the United States. tana Stockgrowers Association, the for today and tomorrow. I think any stimulus package should Montana Farmers Union, and the Mon- have a provision to deal with tourism. tana Grain Growers Association, all in NATIONAL FARMERS UNION I personally believe, if we want to support of the amendment. Washington, DC, November 28, 2001. really stimulate the economy, we I ask unanimous consent they be MEMBER, should do something to develop the in- printed in the RECORD. U.S. Senate, Washington, DC. There being no objection, the letters DEAR SENATOR: On behalf of the 300,000 frastructure of this country. Let’s family farmer and rancher members of the build some roads—highway construc- were ordered to be printed in the National Farmers Union (NFU), the under- tion. For every $1 billion we spend on RECORD, as follows: signed NFU Board of Directors urges your highway construction, we get 42,000 NATIONAL CATTLEMEN’S support of provisions in the Economic Recov- jobs. Not 4,200—42,000 jobs—and all of BEEF ASSOCIATION, ery and Assistance for American Workers the 42,000 people working in those con- Washington, DC, January 24, 2002. Act providing disaster assistance for family struction jobs pay taxes, buy cars, re- Hon. MAX BAUCUS, farmers and ranchers. frigerators, and all kinds of other Chairman, Senate Finance Committee, Hart Of- Farmers across the nation have suffered fice Building, Washington, DC. substantial economic losses from adverse things. But at this stage I cannot get 60 CHAIRMAN BAUCUS: The National Cattle- weather and disease during the 2001 crop votes for my tourism stimulus. I know men’s Beef Association (NCBA) appreciates year. The needs are immediate. We encour- it would stimulate the economy. So the hard work and effort that has gone into age you to support the production and qual- does the Presiding Officer. the Economic Stimulus package to date. ity loss assistance program in Finance Com- The National Conference of Mayors Livestock Assistance Programs included in mittee Chairman Baucus’ economic recovery has its winter meeting taking place in the Committee passed package will prove to package passed out of the Senate Finance Washington, DC, today. The mayors be a vital economic stimulus in many areas Committee which includes $1.8 billion in support my stimulus package as it re- of the country impacted by severe and lin- emergency assistance for crop producers and lates to infrastructure 100 percent. gering drought. NCBA supports your efforts $500 million for livestock producers. From Montana to Louisiana, Texas to the They have passed resolutions. But in to include Livestock Assistance Program funding, at the appropriate levels, in the Northeast, and California to Missouri, farm- the Senate, I can get 51 votes but I Stimulus package currently moving in the ers and ranchers have experienced adverse can’t get 60, and therefore it is not United States Senate. weather conditions, disease, insect infesta- going to happen right now. I will keep NCBA believes that Livestock Assistance tions, and sudden weather phenomena. These working on it. can prove to be a vital stimulant to the local disasters resulted in massive crop production January 24, 2002 CONGRESSIONAL RECORD — SENATE S85

and quality loss and losses impacting live- MONTANA FARMERS UNION, over four years puts too many Montana farm stock producers. These losses are negatively Great Falls, MT, November 29, 2001. operations close to the edge. Our Congres- impacting the livelihoods of family farmers, FARMERS UNION SEEKS AGRICULTURAL DIS- sional delegation has viewed firsthand the ranchers and their rural communities in all ASTER ASSISTANCE IN SENATE ECONOMIC drought situation and has responded. This regions of the country. STIMULUS PACKAGE legislation introduced by Senator Baucus As you seek ways to strengthen the U.S. GREAT FALLS (November 29, 2001).—In a moves us one step closer’’. economy through an economic stimulus letter to U.S. senators this week, the Na- Jake Cummins, Executive Vice President package, it is critical that agriculture, tional Farmers Union (NFU) Board of Direc- of the Montana Farm Bureau Federation, which represents nearly twenty percent of tors urged inclusion of production loss as- added, ‘‘there will be a battle ahead to keep all U.S. economic activity and whose founda- sistance in the economic stimulus package ag disaster assistance in place as the bill tion is this Nation’s farmers and ranchers, soon to be debated on the U.S. Senate Floor. moves to the floor of the Senate. But support receives priority consideration. We again ‘‘Farmers Union supports the efforts of for agriculture is crucial to stimulating our urge you to support production loss assist- Senate Finance Committee Chair Max Bau- economy and providing a strong base for one ance in the economic stimulus bill and we cus (D-Mont.) for including assistance for of the most fundamental industries in Amer- look forward to working with you on this farmers and ranchers suffering production ica. In this time of uncertainty, we can’t important issue. loss due to natural disasters in his economic cede our production agriculture to other Sincerely, stimulus package,’’ said NFU President Le- countries’’. Diana Adamson, Vice-President of the Leland Swenson, President, National land Swenson. ‘‘Agricultural producers na- Montana Farmers Union, echoed the com- Farmers Union; Vicki Trytten, Presi- tionwide are suffering from depressed com- ments. ‘‘This prolonged drought is starting dent, Alaska Farmers Union; Joaquin modity prices; however, the situation is par- to impact all segments of Montana’s econ- Contente, President, California Farm- ticularly grim in states that have also faced omy. It’s not just a farm problem, but all of ers Union; Larry Quandt, President, Il- floods, drought, tornadoes and other natural the businesses in rural communities, and linois Farmers Union; Gary Hoskey, disasters.’’ President, Missouri Farmers Union; ‘‘Montana producers just harvested their even the larger town, are affected. I hate to Carl McIlvain, President, Michigan smallest winter wheat crop in 60 years, the see what happens if this does not come Farmers Union; Russ Kremer, Presi- spring wheat crop was the smallest in more through’’. dent, Missouri Farmers Union; John than a decade, and lack of forage has forced Mr. BAUCUS. Mr. President, there Hansen, President, Nebraska Farmers many ranchers to sell or reduce their herds,’’ are a number of States that have a Union. said Montana Farmers Union President Del good number of counties which have Robert Clunk, President, Ohio Farmers Styren, who sits on the NFU Board. ‘‘The ag- been designated as having disasters. Union; Dan Joyce, President, Oregon ricultural assistance included in Senator In Michigan, for example, there are Farmers Union; John Stencel, Presi- Baucus’ economic stimulus package is cru- 82 counties that are eligible for these dent, Rocky Mountain Farmers Union; cial to these producers who not only need to Wes Sims, President, Texas Farmers generate the optimism—and capital—to plan emergency loans due to losses by Union; Jim Davis, President, Wash- for another year, but also need to reassure drought. ington Farmers Union; Alan Bergman, their lenders,’’ he said. In Texas, 58 counties received emer- Vice President, National Farmers Baucus’ economic stimulus package ex- gency designations. To quote a press Union; Jim Miller, President, Arkansas tends the fiscal 2001 emergency agricultural release from Secretary Veneman, Farmers Union; Gary Turner, Presi- assistance for another year to compensate ‘‘Texas has experienced a variety of dent, Idaho Farmers Union. farmers and ranchers for income losses re- weather-related disasters this year, in- Larry Coomer, President, Indiana Farm- sulting from damaging weather conditions. cluding drought, excessive rain, torna- ers Union; Donn Teske, President, Kan- It provides $1.8 billion for crop disaster as- sas Farmers Union; Dave Frederickson, sistance and $500 million for livestock dis- does, hail and flooding.’’ These coun- President, Minnesota Farmers Union; aster assistance. ties were in addition to the 23 counties Del Styren, President, Montana Farm- ‘‘From Montana to Louisiana, Texas to the designated for emergency earlier in the ers Union; Robert Carlson, President, Northeast, and California to Missouri, farm- month of December 2001. North Dakota Farmers Union; Ray ers and ranchers have experienced prolonged In Idaho, 28 counties were designated; Wulf, President, Oklahoma Farmers adverse weather conditions, disease, insect in Maine, 16 counties; in Tennessee, 16 Union; Larry Breech, President, Penn- infestation and severe weather events,’’ counties were designated; in New York, sylvania Farmers Union; Dennis Wiese, Swenson said. ‘‘These disasters are resulting 33 counties, because of drought, hail, President, South Dakota Farmers in massive production loss and sustained Union; Arthur Douglas, President, quality loss in harvested crops and livestock and excessive rain; Nebraska, 36 coun- Utah Farmers Union; Bill Brey, Presi- grazing.’’ ties due to draught and severe heat; dent, Wisconsin Farmers Union. The letter to the senators was signed Pennsylvania, 3 counties were named Wednesday, November 28, 2001, by the 26- on January 8th of this year, but 58 MONTANA STOCKGROWERS ASSOCIATION, member NFU board, which was in Wash- counties in Pennsylvania were des- Helena, MT, November 14, 2001. ington, D.C. for its quarterly meeting and to ignated December 14 because of Re: Economic Recovery and Assistance for make personal visits with senators about the drought; in Ohio, 36 counties des- American Workers Act of 2001. farm bill, which will be debated soon by the ignated for disaster qualification due Senate. Senator MAX BAUCUS, to losses caused by excessive rain and Hart Senate Office Building, flooding. That designation was on No- Washington, DC. MONTANA GRAIN GROWERS ASSOCIA- DEAR SENATOR BAUCUS: On behalf of the TION, MONTANA FARM BUREAU vember 8 of last year. In Oklahoma, in members of the Montana Stockgrowers Asso- FEDERATION, MONTANA FARMERS October of last year, the entire State ciation, I am writing this letter to express UNION, was designated due to losses caused by our support and appreciation for your efforts November 9, 2001. excessive heat and drought. Secretary to pass an economic stimulus package, the NEEDED AG DISASTER ASSISTANCE INCLUDED Veneman stated at that point: Economic Recovery and Assistance for IN ECONOMIC STIMULUS PACKAGE Oklahoma has experienced severe drought American Workers Act of 2001. The tragic Montana farm groups applauded the inclu- conditions this year. Our farmers and ranch- events of September 11th have obviously sion of agricultural disaster assistance in the ers need this assistance to recover from added to the economic woes of this country economic stimulus package approved Thurs- these natural disaster losses. and efforts such as yours are absolutely nec- day by the Senate Finance Committee. The That is Secretary Veneman com- essary to allow us to endure and recover. package, introduced by Chairman Max Bau- In particular, we are asking that you con- cus, is expected to go to the full Senate next menting on the problems in Oklahoma. tinue your steadfast support for the reestab- week. Mr. President, there are more I could lishment of the Livestock Assistance Pro- Nearly 2,000 square miles of central Mon- cite, but I think that is enough at this gram. As you are well aware, Montana live- tana hardly saw a combine this season. Ac- point. I see other Senators standing in stock producers continue to struggle with cording to state statistics, winter wheat pro- the Chamber. I assume they want to the impacts of successive years of drought duction was down 50 percent statewide, and address the Senate. I am not positive. and this assistance may prove invaluable to 75 percent in the golden triangle—the heart But I yield the floor. our producers. of wheat production in Montana. Crop insur- The PRESIDING OFFICER. The Sen- Again, thank you for your efforts in this ance loss ratios are expected to top 500 per- ator from New Jersey. important area. If you or your staff have any cent, unmatched previously in Montana. questions, please feel free to contact me. ‘‘I wish I could say the drought in Montana Mr. TORRICELLI. Mr. President, Sincerely, has eased,’’ stated Dale Schuler, president of since last January, economic growth STEVEN L. PILCHER, the Montana Grain Growers Association. has slowed in our country and nearly 2 Executive Vice President. ‘‘But it has not, and the cumulative effects million Americans have lost their jobs. S86 CONGRESSIONAL RECORD — SENATE January 24, 2002 Behind them are children whose tui- are struggling helps families make while there has been an overall drop in tion is in danger and families who are ends meet, but it also increases de- capital spending, most of it has been in in trouble with mortgage payments or mand. This is the single best way to new equipment. The largest drop in rents that are due. There is an enor- generate new economic activity. equipment has been in telecommuni- mous loss of family security. The trag- The Democratic proposal before the cations, impacting Verizon, Lucent, edy of terrorist attacks in September Senate will provide a second round of AT&T the very pillars of the economy only exacerbated the already slowing tax rebates to those Americans who did of my State. economy. not benefit fully from the tax cuts of This is the best way, through this ad- As Americans continue to suffer the last summer. There are 130 million tax- vanced depreciation, to make it afford- effects of this economic decline, Con- payers in America, yet only 82 million able for companies to buy the produc- gress simply needs to implement a plan received a full rebate last summer, and tive, efficient equipment they need to to deal with their pain and to help the 34 million Americans got no tax cut at be more competitive. And doing it now recovery. That opportunity was lost in all. assures continued employment and the closing weeks of last year. It can- This plan provides $300 per indi- helps to end the recession. not be lost again. vidual, $500 per head of household, and This is not only a balanced plan, it is The Democratic leadership has $600 per couple for taxpayers. People a fair plan. I regret it is so modest in brought to the Senate floor a modest would receive a rebate. But they are scope. The Nation actually requires proposal to stimulate economic growth also the people—lower income people— more. But our first responsibility is to and national recovery. It contains four who are more likely to spend the achieve something, not simply to stake principal provisions that both parties money. out positions of partisan advantage. included in their economic recovery I voted for last year’s tax cut. But This both has merit and should be plans last year. One would assume, even I will concede, overwhelmingly, achievable. I urge my colleagues to therefore, since they are four common the money that went out in rebates did adopt it. The American people will elements previously proposed by both not go into consumer spending. It went work their way out of this recession, parties, they should be acceptable now. to middle-income people. It went to but this Congress has an obligation to The four elements combined provide higher income people. This rebate, we make it easier, to give them the tools. effective short-term stimulus to bring know from our research, will go to peo- There is work to be done in this the most economic activity with the ple who will spend it and spend it im- country defending the Nation from en- least damage to the Nation’s fiscal mediately, thereby helping their neigh- emies from abroad—winning the war, health. They provide broad-based, rath- bors, helping businesses, helping the protecting our security here at home— er than industry-specific, stimulus, and country recover. but also there are the age-old prob- they are directed to individuals who Third, fiscal relief for the States. I lems: Educating children, giving them are most likely to need and spend the know something about this issue be- equal opportunity, modernizing our in- tax reductions rather than people gen- cause my State of New Jersey now, per frastructure, dealing with a health care erally. These more targeted, more capita, as a percentage of State spend- crisis that goes generation to genera- thoughtful approaches minimize loss in ing, has the largest deficit in the tion. In a recession, these things be- revenue, preserve the balance of the United States. It is fully 12 percent of come difficult to impossible. In a grow- Federal budget, and give more relief. the State budget. ing economy, they can be both likely The four provisions are: Approximately 30 States in the Union and achievable. First, the extension of unemploy- are now in the midst of a recession. In This may not end the recession im- ment benefits. In December, the unem- addition to their falling revenues and mediately, but it eases the pain. It ployment rate reached 5.8 percent. It budget shortfalls, 29 States face a $600 shortens the time. It is a good and fair was the fifth consecutive month with a million cut in Federal Medicaid pay- plan. I urge my colleagues to adopt it. rise in unemployment. At least 1.1 mil- ments this year. It could not come at a I yield the floor and suggest the ab- lion jobs were lost in the last 4 months worse time. As a result, many States sence of a quorum. of 2001 alone. are considering reductions in their The PRESIDING OFFICER (Mrs. In times of economic recession, peo- Medicaid Programs to deal with the CLINTON). The clerk will call the roll. ple turn to unemployment insurance budget shortfalls. This could result in The legislative clerk proceeded to first. It is not only a proper thing to substantial numbers of low-income call the roll. help families in their pain, it is itself people losing health insurance. Mr. NELSON of Florida. Madam an economic stabilizer. As people be- My State of New Jersey has been President, I ask unanimous consent come unemployed, they naturally forced to suspend further enrollments that the order for the quorum call be spend less money. If they have no un- in its expansion of Medicaid to child- rescinded. employment insurance, they spend no less adults with incomes below the pov- The PRESIDING OFFICER. Without money and the economic contagion and erty line because of budget constraints. objection, it is so ordered. unemployment spread. We are at that At the same time, the growing ranks of The Senator from Florida is recog- point. the unemployed have generated an in- nized. This legislation provides 13 addi- creased demand for Medicaid coverage. (The remarks of Mr. NELSON of Flor- tional weeks of unemployment insur- This proposal will help States meet ida pertaining to the submission of S. ance. In the last recession, in 1992, 56 the increase in Medicaid costs by tem- Res. 201 are located in today’s RECORD percent of those collecting unemploy- porarily increasing the Federal Med- under ‘‘Submission of Concurrent and ment insurance benefits had their ben- icaid matching rate. Without it, the Senate Resolutions.’’) efits expired. They were without re- health care crisis becomes worse, State The PRESIDING OFFICER. The Sen- sources. That extends and deepens a re- budget impacts worsen, they cut vital ator from Oregon. cession. services, or they raise taxes, or they do Mr. SMITH of Oregon. Madam Presi- These extra weeks are necessary for both. Either way, a difficult recession dent, I thank the Chair for the time. I the families. They are also necessary becomes deeper and more painful. am going to withhold offering an for the country. We now know from our Fourth and finally, the bill provides amendment. I understand the leaders research that every $1 invested in un- a tax depreciation deduction, for a lim- are working out an agreement between employment insurance generates $2.15 ited time, to encourage businesses to mine and Senator BAUCUS’s amend- in gross domestic product. Unemploy- invest in new plants and equipment. It ment. With respect to their efforts, I ment insurance in the last recession increases the depreciation deduction will not offer this amendment now, but mitigated 15 percent of the economic for the cost of any capital asset pur- I would like to talk about it. decline. It is the right thing to do, it is chased before the end of the year. The The Presiding Officer and I were priv- the fair thing to do for people, and it is bonus depreciation of 30 percent of the ileged to be in a hearing this morning good economics. That is the first provi- cost of the asset is in addition to the with Chairman Greenspan and heard sion. normal first-year depreciation. his very insightful views on the econ- Second, tax rebates. Putting money I know something about this provi- omy and what we can do. I noted in his directly in the pockets of people who sion in New Jersey, as well, because testimony this paragraph: January 24, 2002 CONGRESSIONAL RECORD — SENATE S87 The retrenchment in capital spending over they have only a few months left in the amendments be in order prior to that the past year was central to the sharp slow- year, literally, between now and Sep- vote; that upon the disposition of that ing we experienced in overall activity. The tember, when it would end, to take ad- amendment, Senator GORDON SMITH be steep rise in high-tech spending that oc- vantage of it? They may get a few copi- recognized to offer an amendment re- curred in the early post Y2K months was clearly not sustainable. The demand for ers and a few new rugs for the front of- garding depreciation. many of the newer technologies was growing fice, but this is not what our country The PRESIDING OFFICER. Is there rapidly, but capacity was expanding even needs if we are serious about reem- objection? Without objection, it is so faster, exerting severe pressure on prices and ploying people. ordered. profits. New orders for equipment and soft- So my proposal, conversely, will give Mr. REID. Madam President, I sug- ware hesitated in the middle of 2000 and then companies the time to do major gest the absence of a quorum. fell sharply as firms reevaluated their cap- projects which would generate thou- The PRESIDING OFFICER. The ital investment programs. Uncertainty about sands of jobs. It will allow us to build clerk will call the roll. economic prospects boosted risk premiums significantly, and this rise in turn propelled, heavy equipment, modernize a lumber The assistant legislative clerk pro- required or hurdled rates of return to mark- mill, repair a rail bed, revamp a man- ceeded to call the roll. edly elevated levels. agement information system for a fac- Mr. REID. I ask unanimous consent In most cases, businesses required that tory, or even construct an airplane. We that the order for the quorum call be new investments pay off much more rapidly say a lot about airplanes right now. I rescinded. than they had previously. know Boeing is suffering greatly, and The PRESIDING OFFICER. Without That is the sentence that I think is an accelerated depreciation program objection, it is so ordered. The Senator so significant: that will last for 9 months will not be from Oklahoma. In most cases, businesses required that very helpful to them at all. Certainly, Mr. NICKLES. Madam President, new investments pay off much more rapidly the high-tech community, whether you pursuant to section 205(b) of H. Con. than they had previously. are talking about the Silicon Forest in Res. 290, the concurrent resolution on If that is, as the chairman indicated, Oregon or the actual forest in Oregon, the budget for fiscal year 2001, I raise a central to the sharp slowing in our needs something with enough teeth in point of order against the emergency economy, then it seems to me if we are it, enough time to it that will allow designation, as defined in section 205(d) going to do a stimulus package, we them to make the plans and the invest- of that resolution, which is contained ought to do something that is mean- ments that are necessary. in the pending amendment No. 2701. ingful, something that has economic Then I think about the farm commu- The PRESIDING OFFICER. The Sen- heft to it, enough weight to actually nity. It may not be until 2002 that ator from Montana. stimulate our economy. I have said for farmers see much improvement in Mr. BAUCUS. Mr. President, I move a long time that I support the ideas on their economy, and I hope it is sooner. to waive section 205 of H. Con. Res. 290, health care, the ideas on extending un- But if it is not, I would like to have the concurrent resolution on the budg- employment benefits. In fact, I am co- this in place when their cashflows im- et for fiscal year 2001, for purposes of sponsor of one of them. I think getting prove and they can replace old, unreli- the pending amendment, and I ask for cash into the hands of consumers, as able, or dilapidated equipment and get the yeas and nays. Senator TORRICELLI just indicated, is the advantage of this bonus deprecia- The PRESIDING OFFICER. Is there a very important to the demand side of tion. sufficient second? getting our economy moving. Madam President, I appreciate this There appears to be a sufficient sec- I think it is important that we also time. I will come back later to talk ond. look at the supply side. If we want em- again about it and specifically offer The question is on agreeing to the ployers to employ people again in large this amendment when we work out an motion. The clerk will call the roll. numbers, then we ought to do some- agreement between ours and Senator The assistant legislative clerk called thing to help with the retooling of in- BAUCUS’s. the roll. dustry, getting enough of a stimulus so I truly hope this meaningful depre- Mr. REID. I announce that the Sen- that business and planners can make a ciation amendment can be adopted by ator from Hawaii (Mr. AKAKA), the Sen- difference in ordering and redoing their over 60 of our colleagues. I think it is ator from Delaware (Mr. BIDEN), the plants and reemploying their people. I critical that we do that because I think Senator from Connecticut (Mr. DODD), don’t question the sincerity of some of we need to marry the best ideas of the the Senator from California (Mrs. FEIN- the proposals, but as I evaluate them, Democratic Party and the best ideas of STEIN), and the Senator from Georgia compared to the amendment I will the Republican Party. We need to work (Mr. MILLER) are necessarily absent. offer, I think they lack the weight that on the supply side and the demand side. I further announce that, if present our economy needs at this critical There is a human side and there is a and voting, the Senator from Cali- hour. business side. There is a very nice mar- fornia (Mrs. FEINSTEIN) would vote In fact, I think it is important to riage to be had in a stimulus package ‘‘aye.’’ note that while Chairman Greenspan is that will truly leave our country better Mr. NICKLES. I announce that the not in a position to endorse anybody’s because it has the economic weight Senator from New Mexico (Mr. DOMEN- particular idea or amendment, he and that is required for this critical hour. ICI), the Senator from Oklahoma (Mr. former Secretary Rubin have both uni- So in doing that, we will sooner INHOFE), the Senator from Arizona (Mr. formly stated their support for stim- throw off the shackles of recession and MCCAIN), the Senator from Alaska (Mr. ulus ideas with respect to depreciation, leave our country the better for it. MURKOWSKI), and the Senator from Ala- accelerated depreciation, or a bonus Madam President, I yield my time bama (Mr. SHELBY) are necessarily ab- depreciation, however you want to and simply say I will return as soon as sent. term it—that these things would in- our leaders have worked out the agree- I further announce that if present crease cash flow, add to asset values, ment and specifically offer the amend- and voting the Senator from Oklahoma and would have an immediate stimu- ment, hoping it can be voted on to- (Mr. INHOFE) would vote ‘‘aye.’’ lating effect on our economy. night or tomorrow. The PRESIDING OFFICER (Mr. DUR- What I am going to be proposing is The PRESIDING OFFICER. The Sen- BIN). Are there any other Senators in that we have a 30-percent depreciation ator from Nevada. the Chamber desiring to vote? bonus that lasts for 3 years. One of the Mr. REID. Madam President, we are The yeas and nays resulted—yeas 57, competing proposals is that it be for 1 very close to being able to offer a unan- nays 33, as follows: year. This is better than the 10 percent, imous consent agreement and we will [Rollcall Vote No. 2 Leg.] 1-year proposal that was earlier of- call for a vote immediately and then go fered. However, it still falls very short thereafter to the amendment. YEAS—57 because if you figure that it only lasts I ask unanimous consent that at 4:20 Allard Bond Cantwell Baucus Boxer Carnahan for 1 year, much of this year is already p.m. today, the Senate vote on or in re- Bayh Breaux Carper gone. What can a business reasonably lation to the Baucus amendment, the Bennett Burns Cleland prepare for, plan for, employ for, if pending amendment; that no other Bingaman Campbell Clinton S88 CONGRESSIONAL RECORD — SENATE January 24, 2002 Cochran Hollings Mikulski ment, of which I am a cosponsor along tered into after September 10, 2001, and be- Conrad Hutchinson Murray with a number of others, were offered fore September 11, 2004, and Corzine Hutchison Nelson (NE) ‘‘(iv) which is placed in service by the tax- Craig Inouye Reed again, it would be agreed to. Crapo Jeffords Reid I think this is extremely important, payer before January 1, 2005, or, in the case Daschle Johnson Rockefeller and I hope the Senator from Montana of property described in subparagraph (B), before January 1, 2006. Dayton Kennedy Sarbanes will offer this amendment at the ear- Dorgan Kerry Schumer ‘‘(B) CERTAIN PROPERTY HAVING LONGER Durbin Kohl Smith (OR) liest possible date. I think it is too bad PRODUCTION PERIODS TREATED AS QUALIFIED Edwards Landrieu Stabenow that we had some people not here PROPERTY.— Enzi Leahy Thomas today because I think there is obvi- N GENERAL Graham Levin Torricelli ‘‘(i) I .—The term ‘qualified prop- Harkin Lieberman Wellstone ously overwhelming support for this erty’ includes property— Hatch Lincoln Wyden amendment. ‘‘(I) which meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A), NAYS—33 The PRESIDING OFFICER. The Sen- ator from Oregon. ‘‘(II) which has a recovery period of at Allen Gramm Roberts least 10 years or is transportation property, AMENDMENT NO. 2705 Brownback Grassley Santorum and Bunning Gregg Sessions Mr. SMITH of Oregon. Mr. President, ‘‘(III) which is subject to section 263A by Byrd Hagel Smith (NH) I have an amendment which I send to Chafee Helms Snowe reason of clause (ii) or (iii) of subsection Collins Kyl Specter the desk and ask for its immediate con- (f)(1)(B) thereof. DeWine Lott Stevens sideration. ‘‘(ii) ONLY PRE-SEPTEMBER 11, 2004, BASIS ELI- Ensign Lugar Thompson The PRESIDING OFFICER. The GIBLE FOR ADDITIONAL ALLOWANCE.—In the Feingold McConnell Thurmond clerk will report the amendment. case of property which is qualified property Fitzgerald Nelson (FL) Voinovich solely by reason of clause (i), paragraph (1) Frist Nickles Warner The bill clerk read as follows: The Senator from Oregon [Mr. SMITH], for shall apply only to the extent of the adjusted NOT VOTING—10 himself, Mr. ALLEN, Mr. CRAIG, and Mr. basis thereof attributable to manufacture, Akaka Feinstein Murkowski BURNS, proposes an amendment numbered construction, or production before Sep- Biden Inhofe Shelby 2705. tember 11, 2004. Dodd McCain ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- Domenici Miller Mr. SMITH of Oregon. Mr. President, poses of this subparagraph, the term ‘trans- I ask unanimous consent the reading of The PRESIDING OFFICER. On this portation property’ means tangible personal the amendment be dispensed with. property used in the trade or business of vote, the yeas are 57, the nays are 33. The PRESIDING OFFICER. Without Three-fifths of the Senators duly cho- transporting persons or property. objection, it is so ordered. ‘‘(C) EXCEPTIONS.— sen and sworn not having voted in the The amendment is as follows: ‘‘(i) ALTERNATIVE DEPRECIATION PROP- affirmative, the motion is rejected. (Purpose: To amend the Internal Revenue ERTY.—The term ‘qualified property’ shall The point of order is sustained. The Code of 1986 to provide for a special depre- not include any property to which the alter- emergency designation is stricken. ciation allowance for certain property ac- native depreciation system under subsection The Senator from Oklahoma. quired after September 10, 2001, and before (g) applies, determined— Mr. NICKLES. Mr. President, I make September 11, 2004) ‘‘(I) without regard to paragraph (7) of sub- a point of order under section 302 of the At the end of the bill, add the following: section (g) (relating to election to have sys- tem apply), and Budget Act against the pending amend- SEC. ll. SPECIAL DEPRECIATION ALLOWANCE ment, No. 2701, for exceeding the spend- FOR CERTAIN PROPERTY ACQUIRED ‘‘(II) after application of section 280F(b) (relating to listed property with limited ing allocation of the Senate Finance AFTER SEPTEMBER 10, 2001, AND BE- FORE SEPTEMBER 11, 2004. business use). Committee. (a) IN GENERAL.—Section 168 of the Inter- ‘‘(ii) ELECTION OUT.—If a taxpayer makes Several Senators addressed the nal Revenue Code of 1986 (relating to acceler- an election under this clause with respect to Chair. ated cost recovery system) is amended by any class of property for any taxable year, Mr. REID. Mr. President, may we adding at the end the following new sub- this subsection shall not apply to all prop- have order in the Senate. section: erty in such class placed in service during The PRESIDING OFFICER. The Sen- ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN such taxable year. ate will please be in order. Members PROPERTY ACQUIRED AFTER SEPTEMBER 10, ‘‘(iii) QUALIFIED LEASEHOLD IMPROVEMENT will please take their conversations off 2001, AND BEFORE SEPTEMBER 11, 2004.— PROPERTY.—The term ‘qualified property’ ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of shall not include any qualified leasehold im- the floor. any qualified property— provement property (as defined in section Pending before the Senate is the ‘‘(A) the depreciation deduction provided 168(e)(6)). point of order raised by the Senator by section 167(a) for the taxable year in ‘‘(D) SPECIAL RULES.— from Oklahoma. Does the Senator from which such property is placed in service shall ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the Nevada seek recognition? include an allowance equal to 30 percent of case of a taxpayer manufacturing, con- Mr. REID. Mr. President, what is the the adjusted basis of the qualified property, structing, or producing property for the tax- issue before the Senate at this time? and payer’s own use, the requirements of clause The PRESIDING OFFICER. A point ‘‘(B) the adjusted basis of the qualified (iii) of subparagraph (A) shall be treated as of order has been made by the Senator property shall be reduced by the amount of met if the taxpayer begins manufacturing, from Oklahoma that the Chair is pre- such deduction before computing the amount constructing, or producing the property after otherwise allowable as a depreciation deduc- September 10, 2001, and before September 11, pared to rule on, unless there is some tion under this chapter for such taxable year 2004. intervention. and any subsequent taxable year. ‘‘(ii) SALE-LEASEBACKS.—For purposes of The amendment of the Senator from ‘‘(2) QUALIFIED PROPERTY.—For purposes of subparagraph (A)(ii), if property— Montana would increase the amount by this subsection— ‘‘(I) is originally placed in service after which the Finance Committee exceeds ‘‘(A) IN GENERAL.—The term ‘qualified September 10, 2001, by a person, and its allocation under section 302(a) of property’ means property— ‘‘(II) sold and leased back by such person the Budget Act in violation of section ‘‘(i)(I) to which this section applies which within 3 months after the date such property 302(f) of that same act. The point of has a recovery period of 20 years or less or was originally placed in service, which is water utility property, or such property shall be treated as originally order is sustained. ‘‘(II) which is computer software (as de- placed in service not earlier than the date on The amendment falls. fined in section 167(f)(1)(B)) for which a de- which such property is used under the lease- The Senator from Nevada. duction is allowable under section 167(a) back referred to in subclause (II). Mr. REID. I know the Senator from without regard to this subsection, ‘‘(E) COORDINATION WITH SECTION 280F.—For Oregon is going to be recognized. I ‘‘(ii) the original use of which commences purposes of section 280F— would just say to my friend, the man- with the taxpayer after September 10, 2001, ‘‘(i) AUTOMOBILES.—In the case of a pas- ager of this bill and the chairman of ‘‘(iii) which is— senger automobile (as defined in section the Finance Committee, I hope he will ‘‘(I) acquired by the taxpayer after Sep- 280F(d)(5)) which is qualified property, the offer this amendment again before we tember 10, 2001, and before September 11, Secretary shall increase the limitation 2004, but only if no written binding contract under section 280F(a)(1)(A)(i) by $4,600. get off this stimulus package. This was for the acquisition was in effect before Sep- ‘‘(ii) LISTED PROPERTY.—The deduction al- an extremely good vote. There were a tember 11, 2001, or lowable under paragraph (1) shall be taken number of people missing, and I have ‘‘(II) acquired by the taxpayer pursuant to into account in computing any recapture no doubt in my mind if this amend- a written binding contract which was en- amount under section 280F(b)(2).’’ January 24, 2002 CONGRESSIONAL RECORD — SENATE S89 (b) ALLOWANCE AGAINST ALTERNATIVE MIN- care benefits, we are also going to do in Oregon, or anywhere else, this pro- IMUM TAX.— something to help on the supply side posal makes good sense. (1) IN GENERAL.—Section 56(a)(1)(A) of the and actually help to stimulate jobs and Senator Smith’s amendment takes Internal Revenue Code of 1986 (relating to de- reemployment. aim at the core problem of our slump- preciation adjustment for alternative min- imum tax) is amended by adding at the end I encourage all of my colleagues to ing economy which is seeing a huge the following new clause: vote for this amendment. drop in investment, in equipment, and ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN Mr. NICKLES. Will the Senator in machinery. Over 3 years, a 30-per- PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001, yield? cent bonus depreciation would get the AND BEFORE SEPTEMBER 11, 2004.—The deduc- Mr. SMITH of Oregon. I would be investment engine going and running tion under section 168(k) shall be allowed.’’ happy to yield. strong again. It would lower the cost of (2) CONFORMING AMENDMENT.—Clause (i) of Mr. NICKLES. The Senator’s amend- new capital spending. It would provide section 56(a)(1)(A) of the Internal Revenue ment deals with the accelerated depre- a stimulus for a broad array of indus- Code of 1986 is amended by striking ‘‘clause ciation. The essence of the Senator’s (ii)’’ both places it appears and inserting tries, including telecommunications, ‘‘clauses (ii) and (iii)’’. amendment is there would be acceler- technology and others, including trans- (c) EFFECTIVE DATE.—The amendments ated depreciation of 30 percent for 3 portation. made by this section shall apply to property years in contrast to Senator DASCHLE’s The current depreciation schedule placed in service after September 10, 2001, in amendment, which is 30 percent for a clearly has not kept up with our econ- taxable years ending after such date. timeframe between September of 2001 omy. It is especially harmful in this Mr. SMITH of Oregon. Mr. President, and 2002. Senator DASCHLE’s amend- economic slowdown. this amendment is really very simple. ment has 30 percent basically from Senator SMITH introduced this pro- It does address in a meaningful way the February—basically 8 months. posal on behalf of the Senate Repub- stimulus side of our effort. I think we Mr. SMITH of Oregon. The Senator is lican High Tech Task Force late last are all deeply concerned when we go correct. My point is simply that is not year. Indeed, looking at the concept of home and we meet the unemployed who enough time to do much more than buy the enhanced expensing as proposed by need extensions on unemployment ben- a few typewriters or rugs for the front Senator SMITH for bonus depreciation, efits and health care insurance benefits office. You can’t make a serious busi- it would be highly beneficial to the from COBRA. ness plan in that amount of time and high-tech community, the sector of our I would like to help. What they really represent to the American people that economy that has driven productivity need long term is a job. What we need we are actually helping to reemploy growth and created millions of jobs to do is remember there is a supply people. We need to rebuild some rail- during the last decade. side to this economic equation as well. road beds. We need to retool some The information technology industry We have to do something meaningful in plants. We need to allow businesses the makes up only 8.2 percent of the U.S. order to help businesses retool, rein- time necessary to do the engineering, economy. Yet it has accounted for al- vest, restart, and reemploy the citizens to do the environmental studies, and to most 30 percent of the real gross do- of this country. make the plans that can take advan- mestic growth from 1994 to 2000. Much There is a proposal—I believe well-in- tage of it. And they will do it if they of this growth resulted from the in- tentioned—that is improving on the are given time sufficient to get the job crease in investment in hardware, soft- other side. Originally, it was a 10-per- done. ware, networking, and communications cent depreciation bonus over 1 year’s Mr. NICKLES. Will the Senator in- systems. time. Now it is up to 30 percent over 1 clude me as a cosponsor of the amend- As the economic slowdown has per- year’s time with eligibility. ment? sisted, decreasing IT investments have I believe 30 percent is the right num- Mr. President, I ask unanimous con- substantially weakened our American ber for this bonus depreciation, but as sent to be made a cosponsor. economic growth. During these uncer- a person of business prior to politics I The PRESIDING OFFICER (Mr. tain economic times, as Senator SMITH can tell you it takes more than what is CLELAND). Without objection, it is so stated, businesses have decreased moti- remaining in the year of eligibility. We ordered. vation. They do not want to take those have already used up 4 months. By the Mr. SMITH of Oregon. Mr. President, risks in buying new equipment and new time the President might see this, I yield the floor. systems because they are worried there may be 5 months used up. Seven The PRESIDING OFFICER (Mr. HAR- about what the economy may do. The months to make a business plan in cap- KIN). The Senator from Virginia. result, obviously, has an adverse im- ital equipment in order to restart Mr. ALLEN. Mr. President, I rise in pact on job opportunities for those who plants is simply inadequate to be support of the amendment to increase fabricate the chips, for those who as- meaningful to have the economic test the 30-percent bonus depreciation from semble the computers, and for those that our country requires. 1 year to 3 years. who work on the programs and all the My amendment will actually help The underlying proposal, while im- innovations and adaptations that im- stimulate the economy. We have heard provement over the previous one, prove our lives—whether it is in edu- this from experts such as Alan Green- which was only 10 percent, is still too cation or communication services and span, such as Secretary Rubin of the short. It is not enough time to help re- manufacturing. Clinton administration, and others who vive the high-tech economy, and, in- This amendment has a robust expens- have said this is one meaningful thing deed, our general economy to help cre- ing provision. I think it can turn you can do that will actually help ate more jobs. around our bleak economic scenario. stimulate the economy in the short run If the underlying proposal were im- The enhanced expensing provision in and reemploy people quickly. plemented, the bonus depreciation this amendment, of which I am proud I urge my colleagues to vote for this would only last until September of to be a cosponsor with Senator SMITH, amendment. It is critical. Whether you 2002, which is merely 8 months away. has broad support. are talking about the silicon forest of The amendment of the Senator from As I noted previously, the House the high-tech industry in Oregon or the Oregon was passed by the House of passed it. This has the support of lead- timber industry of the forests in Or- Representatives and was supported by ing high-tech trade associations, in- egon, they need this bill. They need it the Bush administration. The argu- cluding AeA, CapNet, EIA, BSA, the In- desperately if we are serious about re- ment that the Senator from Oregon has formation Technology Association of starting plants and reemploying our made makes a great deal of sense. It America, the Information Technology people. will boost investment. It will boost Industry Council, and TechNet. I hope tomorrow morning when we growth in the high-tech sector in par- We need to get into some details of vote on this there will be 60 colleagues ticular. the economy because that bolsters the and more who will understand that Why does that matter? I was just argument about why we need to pass while we are going to do much on the meeting with high-tech folks from this amendment. demand side to help with unemploy- Redmond, WA, Silicon Valley in Cali- Diminishing IT investments impact ment benefits and to help with health fornia, and here in Virginia. Whether our economy. By the fourth quarter of S90 CONGRESSIONAL RECORD — SENATE January 24, 2002 2000, conditions were changing dra- all have jobs. And they are good-paying or build new plants will further impact op- matically from what they were in the jobs. And that helps out the whole portunities for job creation and squander re- previous 6 years. Gross domestic prod- economy. vival of the IT industry. A robust expensing uct growth plunged. It was precipitated So the tendency we have right now of provision can turn around this bleak sce- nario. in part by an 8.4-percent drop in invest- people delaying the decision to make Enhanced expensing has broad support. As ment for all equipment and software, new investments will certainly be we noted above, H.R. 3090, the Economic Se- and a 9.5-percent decline in invest- changed by this amendment. So I ask curity and Recovery Act, passed by the ments in computers and peripheral that all our colleagues unite for the House of Representatives, included the 30 equipment in the first half of the year one thing that really does unite us; and percent, three-year expensing provision. The 2001. that is this amendment by Senator Bush Administration also supports this pro- vision, which also was included in the Senate To put this in perspective, 2001 was SMITH of Oregon. the first time since 1974 that business There are many cosponsors, includ- Republican stimulus proposal. On behalf of the HTTF, Senator Gordon Smith filed an investments in IT declined over a 12- ing virtually everyone on the High amendment to the substitute amendment to month period. In the first quarter of Tech Task Force on the Republican H.R. 3090 offered by Senator Baucus to in- 2001, the trend acted as a drag on our side. I hope our friends on the other clude the House-passed expensing language. economy subtracting an estimated 4.41 side of the aisle, who have made Leading high tech trade association, includ- percentage points from overall growth. progress from the original proposal, ing AeA, CapNet, EIA, the Information Tech- In the second quarter of 2001, the im- will realize this is the ideal and this nology Association of America, the Informa- pact was even more dramatic with di- will not only be bonus depreciation for tion Technology Industry Council, and minishing investments in technology businesses and entrepreneurs and en- TechNet, have placed enhanced expensing among their most important legislative equipment and software subtracting terprises across America, and help cre- goals for the year. We urge you to—at a min- over 1.52 percentage points from U.S. ate jobs, but it will be a bonus for the imum—include the House-passed expensing economic growth. American economy. provision in any final stimulus bill. Some of the decline in IT invest- I commend Senator SMITH of Oregon We appreciate you consideration. ments may be attributed to the lin- and ask my colleagues to support this Sincerely, gering effects of Y2K, which caused amendment. Let’s get America work- Senator Gordon Smith, Senator George many firms to accelerate their IT ing again. I yield the floor. Allen, Senator Sam Brownback, Sen- spending to ensure they could maintain The PRESIDING OFFICER. The Sen- ator John Warner, Senator Wayne Al- lard, Senator Mike Crapo, Senator current operations during the century ator from Oregon. John Ensign, Senator Conrad Burns, date change in the year 2000. Mr. SMITH of Oregon. While we are Senator Kit Bond, Senator Day Bailey Other factors included diminishing waiting for the next speaker, I ask Hutchinson, Senator Tim Hutchinson. revenues to commit to business expan- unanimous consent to have printed in Mr. SMITH of Oregon. Mr. President, sion and upgrades, and the tendency to the RECORD a letter from the Repub- while we have this moment, I ask for conserve capital during times of eco- lican High Tech Task Force to the the yeas and nays. nomic uncertainty and concerns aris- chairman and ranking member of the The PRESIDING OFFICER. Is there a ing from the terrorist attacks of Sep- Senate Finance Committee and the sufficient second? tember 11. All of these factors con- chairman and ranking member of the At the moment there is not a suffi- tribute to the decision to hold onto House Ways and Means Committee cient second. technology assets longer than normal dated November 30, 2001. The Senator from Missouri. in part to maximize tax deductions There being no objection, the letter Mr. BOND. Mr. President, I planned under the current five-year deprecia- was ordered to be printed in the on rising to ask to set this amendment tion rules. So you might as well use it RECORD, as follows: aside so I might offer an amendment. I for the whole 5 years. That ought to be NOVEMBER 30, 2001. understand there is to be an objection changed also. That is not the purpose Hon. MAX BAUCUS, on the other side, so I want to take of this amendment, but it points out Chairman, Committee on Finance, U.S. Senate, these moments to tantalize my col- the value of this amendment. If you Washington, DC. leagues with the thought of the tre- have a long 5-year depreciation, such Hon. CHUCK GRASSLEY, mendously important amendment that as if you upgraded for Y2K, and you Ranking Member, Committee on Finance, Wash- I will, at some time, offer. Frankly, it ington, DC. have economic uncertainty, you see follows very closely along the lines of Hon. WILLIAM THOMAS, the exacerbated negative impact on our Chairman, Committee on Ways and Means, U.S. the amendment that the Senator from whole economy and jobs and spending. House of Representatives, Washington, DC. Oregon has offered and the Senator We need to have that stimulus. This Hon. CHARLES RANGEL, from Virginia has just so eloquently is what this is. Of all the things that Ranking Member, Committee on Ways and explained. are in this underlying bill, this idea Means, Washington, DC. Basically, if we are going to get the meets the concept and the definition of DEAR CHAIRMEN AND RANKING MEMBERS: As economy moving again, it is very im- economic stimulus more than anything members of the Senate Republican High portant that we get small business else that has been presented so far. Tech Task Force (HTTF), we write to rec- moving. I do not know about my col- ommend that any final economic stimulus There may be others coming up, but package include an enhanced expensing pro- leagues, but I can tell you in my State this is the best so far. vision. We view the expensing provision in there are a very significant number of An economic stimulus ought to be a the House-passed stimulus bill. H.R. 3090, small businesses that have been very change in our tax or regulatory poli- which would allow 30 percent enhanced ex- directly hurt and very heavily im- cies that induces or spurs spending or pensing over three years, as the minimum pacted by the events of September 11 economic decisionmaking that would the Congress should enact. and the follow-on necessary reaction to not otherwise occur but for that Enhanced expensing would be highly bene- shut down on terrorism. change in the tax laws. This meets that ficial to the high technology community— We need to get support for small the sector of the economy that has driven definition. This will spur businesses to productivity growth and created millions of business. I have, in the past, worked say: Hey, let’s start planning. Let’s up- jobs during the last decade. The information with the chairman of the Small Busi- grade our technology. Granted, we may technology (IT) industry makes up only 8.2 ness Committee, Senator KERRY, to have 5 years of depreciation, but with percent of the U.S. economy, yet it ac- provide assistance for loans. We hope this 30-percent depreciation, this bonus counted for almost 30 percent of real Gross that will be included in this bill. depreciation, this makes economic Domestic Growth (GDP) from 1994 to 2000. But the bill I am talking about would sense for us. Much of this growth resulted from the in- raise the expensing limits for small What will be the result of that? Our creased investment in hardware, software, business. This is extremely important businesses will be more productive. networking and communications systems. As because right now, even under the the economic slowdown has persisted, de- They will be more efficient. But those creasing IT investments have substantially Daschle amendment, if there is a 30- who produce and fabricate the chips, weakened U.S. economic growth. During percent bonus, you still have to depre- those who assemble the computers, these uncertain economic times, businesses’ ciate the rest of the equipment over 5 those who develop the programs will decreased motivation to buy new equipment years. If you are buying a computer, in January 24, 2002 CONGRESSIONAL RECORD — SENATE S91 5 years there is going to be something consent to set the underlying amend- and former Clinton Treasury Secretary totally different. You need to be able, ment aside or if he wishes me to offer Rubin, and Democrats have give us an as a small business, to purchase equip- it later. inadequate depreciation proposal. ment and write it off. The PRESIDING OFFICER. The Sen- They would allow 30 percent bonus Why do we say it is for small busi- ator from Nevada. depreciation for only 1 year. ness? Because we would raise the Mr. REID. Reserving the right to ob- Granted, this is an improvement on threshold. But the threshold would ject, the Senator from Missouri is al- their first idea. That was to allow only still be $325,000 worth of assets put into ways very courteous. I certainly do not 1 percent bonus for 1 year. place during the year. So only the want to be discourteous to him, but we The bipartisan White House-Centrist smallest businesses that are struggling believe, with this most important leg- economic stimulus package offered a to get back on their feet, that seek to islation pending, we should work on an solid proposal calling for a 30 percent grow by buying equipment, would be amendment at a time. We just com- bonus depreciation over 3 years. able to take advantage of this expens- pleted the agriculture amendment. We Senator DASCHLE’s bonus deprecia- ing. are now going to bonus depreciation. tion proposal is only for one year. Now Expensing means, in this instance, if We will have a vote on that tomorrow. what does 1-year period allow us to it is up to $40,000, you write it off. You Following that vote, I think we should stimulate? do not have to set up a depreciation have another amendment laid down. Well, it probably gives business peo- schedule. You do not have to hire ac- And using this tradition—I do not ple time to buy an office copier, desks, countants. You do not have to have all know if ‘‘tradition’’ is the right word— or some new throw rugs for front of- that folderol that you go through for usually, on these bills, where there is fice. depreciation. an open amendment process, we go But I do not think this bill includes For the smallest businesses, the ones back and forth—Democrat-Repub- any incentives to continue projects we hear from the most—at least the lican—amendment by amendment. So that are already in the pipeline. ones I hear from back home—they are having said that, I object. It does not give companies time to do really the smallest ones which have The PRESIDING OFFICER. Objec- a major project, which could generate several employees. They are busy pro- tion is heard. thousands of jobs. viding a product or a service. They do Mr. BOND. Mr. President, I under- It does not allow us to build heavy not have time to go out and hire an ac- stood they would object. Senator COL- equipment, modernize a lumber mill, countant and set up depreciation LINS and I do wish to have this amend- repair a railbed, revamp a management schedules. ment included at the appropriate time. information system for a factory, or So this amendment says—the amend- I ask the managers, as they work out construct an airplane. ment that at some point I will offer— the schedule, to put this amendment in Farmers may not see an economical that small businesses will be able to the queue at the first available oppor- turnaround until after 2002. When they expense up to $40,000 a year, which is tunity. do, they will need to update their an increase from $24,000, and it would Mr. GRASSLEY. Mr. President, if the equipment. The farm economy has been increase the phaseout threshold to Senator will yield. so bad for so long that many farmers $325,000 of assets put in play in the year The PRESIDING OFFICER. The Sen- have not been in a financial position to from the current $200,000 limitation. ator from Iowa. replace unreliable equipment. They This is similar to but $5,000 more gen- Mr. GRASSLEY. If I understand what will need more time than 1 year to do erous than the centrist proposal. the Democratic assistant leader said, this. Frankly, the centrist proposal had we will have a Democrat amendment. And aircraft is an interesting point. $35,000. This is a $40,000 limit. I think So then Senator BOND’S should be the This is one of the industries that has that is a reasonable figure. I think this first Republican amendment up after been hit the hardest by the events of would encourage the small businesses we have a Democrat amendment up. September 11. to put capital to work to buy the Mr. BOND. Mr. President, I thank the We know from our discussions with equipment they need. floor manager and the majority whip. I the few remaining U.S. aircraft manu- With the freed up capital, the busi- appreciate very much their consider- facturers, that it can take up to 18 ness can invest in equipment. The ation of it. I will offer this to the floor months to build an airplane. small enterprise will stimulate other manager to introduce at the appro- One year is not enough time to finish enterprises. The more they can reduce priate time. a project of this size. their taxes by making the purchase of I thank the Chair. Moreover, a 1-year bonus deprecia- the equipment, the more employees The PRESIDING OFFICER. The Sen- tion period does not provide insurance they will be able to keep working. ator from Iowa. against a future down tick in our re- Chairman Greenspan has indicated Mr. GRASSLEY. Mr. President, I ask covery cycle. This commonly occurs as again in his testimony today that unanimous consent to be added as a co- an economy struggles to throw off the small businesses expanding and grow- sponsor of the amendment of the Sen- shackles of recession. We need to cap- ing is a vitally important part of the ator from Oregon. ture a booming economy not just for long-term vitality of our economy. The PRESIDING OFFICER. Without today but for the next several years. Small businesses, we know, represent objection, it is so ordered. Economic growth is key to elimi- about 99 percent of all employers. They Mr. GRASSLEY. Mr. President, I rise nating the future budget deficits that employ 51 percent of the private-sector to speak in support of the amendment. have been forecast by the CBO. workforce. They provide about 75 per- Bonus depreciation was one of the So I must emphasize that the Demo- cent of the net new jobs. They con- proposals that both Chairman Green- crat’s 1-year bonus depreciation pack- tribute 51 percent of the private-sector span and former Treasury Secretary age is seriously lacking in economic output. And they represent 96 percent Robert Rubin uniformly endorsed for a weight. of all exporters of goods. stimulus package. It is a temporary proposal for what Size is the only small aspect of small They argued accelerating deprecia- should be the centerpiece of an eco- business. It really is a dynamic force in tion was the most stimulative thing nomic recovery package. our economy. As the distinguished Sen- that we could do to jump start the Bonus depreciation is probably the ator from Virginia was discussing, this economy. best idea any stimulus proposal. Sen- would allow the smallest businesses to They said it would increase cash ator DASCHLE’s proposal simply fails to buy a computer or other information flows and add to asset values. recognize its importance to our econ- technology equipment for up to $40,000 They lauded its immediate stimulus omy. and write it off immediately and not effect on the economy and emphasized The PRESIDING OFFICER. The Sen- have to go through the 5-year deprecia- that a temporary enactment would not ator from Oregon is recognized. tion system. have long-term budgetary impact. Mr. SMITH of Oregon. Mr. President, My colleague from Nevada is in the Despite all these advantages and the I have just been handed a press release Chamber. I ask if I can gain unanimous endorsement of Chairman Greenspan by the Secretary of the Treasury. I ask S92 CONGRESSIONAL RECORD — SENATE January 24, 2002 unanimous consent that it be printed Without objection, it is so ordered. want to see for myself how these de- in the RECORD. Mr. REID. Mr. President, I suggest tainees are being kept and how the There being no objection, the mate- the absence of a quorum. process goes about trying to elicit in- rial was ordered to be printed in the The PRESIDING OFFICER. The formation from them—it seems what RECORD, as follows: clerk will call the roll. we call them and the question of hu- STATEMENT BY SECRETARY PAUL O’NEILL ON The legislative clerk proceeded to mane treatment is certainly a legiti- BONUS DEPRECIATION AMENDMENT BEFORE call the roll. mate question, but I can’t imagine, al- THE SENATE Mr. REID. Mr. President, I ask unan- though I will see for myself tomorrow, The economic stimulus bill under consider- imous consent the order for the that the United States is not giving ation in the Senate includes a 30% bonus de- quorum call be dispensed with. anything but humane treatment. That preciation provision which expires in one The PRESIDING OFFICER. Without is the character, that is the nature of year. Senator Gordon Smith has introduced objection, it is so ordered. our people. And certainly with as much an amendment for consideration on the Sen- attention on Guantanamo, it is cer- ate floor that would make the same bonus f depreciation available for 3 years. Treasury tainly going to be the case of humane Secretary Paul O’Neill made the following UNANIMOUS CONSENT AGREE- treatment. comment: MENT—EXECUTIVE CALENDAR What I want to find out is, are we The short period of eligibility for new in- Mr. REID. Mr. President, as in execu- getting information? We are in a war vestment under the base proposal would re- tive session, I ask unanimous consent against terrorists. Many of these de- sult in no stimulus to the kind of job cre- that following the disposition of the tainees are suspected to be some of the ating major projects that are fundamental to most ruthless and lethal of the terror- our growing economy. Under the base pro- amendment of Senator Smith tomor- posal, a project begun tomorrow must be row morning, the Senate proceed to ex- ists. Therefore, we need to get as much completed by December 31 of this year to get ecutive session to consider Executive information from them as we can in any benefit. Senator Gordon Smith is right Calendar Nos. 644 and 645; that there be order to help prevent the kind of trage- to propose an amendment extending the 30% 10 minutes for debate equally divided dies that this Nation went through on bonus depreciation provisions to 3 years, so between the chairman and ranking September 11. that more investment takes place and more member of the Judiciary Committee, As we survey the situation—and I jobs are created. Senator Smith’s amend- and there be 10 minutes for debate have been to Guantanamo Naval Base ment greatly enhances the job creation that will be generated by the bonus depreciation under Senator HARKIN’s control, and years ago—I am quite interested to see provisions under consideration in the Sen- upon the use or yielding back of time how we are going about the process of ate. the Senate vote on each nomination; eliciting this information from them. Mr. SMITH of Oregon. Mr. President, that the motions to reconsider be laid Interestingly, there are a few other I want to do this in concert with the upon the table, the President be imme- detainees in Guantanamo, not many in majority. But I am asking for the yeas diately notified of the Senate’s action, number, but very important to us in and nays and am anxious to know at any further statements thereon be this country. There are eight Haitians what point either Senator can get a printed in the RECORD, and the Senate detained for immigration reasons. vote. return to legislative session. There are 27 Cubans detained because Mr. REID. Mr. President, we are in The PRESIDING OFFICER. Without of the policies of administrations, both the process of getting consent on the objection, it is so ordered. past and present, that in enforcing the Senator’s matter and other matters for Mr. REID. Mr. President, as in execu- immigration laws do not allow anyone tomorrow. I think we will be able to tive session, I ask unanimous consent from a foreign land just to come to the work it out soon. to order the yeas and nays on both United States; thus, intercepted on the Mr. SMITH of Oregon. I thank my nominations with one show of seconds. high seas, be they Haitians or Cubans, friend from Nevada. The PRESIDING OFFICER. Without certainly small in number but impor- The PRESIDING OFFICER. The Sen- objection, it is so ordered. tant in each of their cases. ator from Nevada is recognized. Mr. REID. I do ask for the yeas and In most of the cases of the Cuban de- Mr. REID. Mr. President, I suggest nays. tainees, 25 of the 27 have already been the absence of a quorum. The PRESIDING OFFICER. Is there a interviewed and determined that they The PRESIDING OFFICER. The sufficient second? are eligible to go to a third country. clerk will call the roll. There appears to be a sufficient sec- They do not want to return to Cuba. The legislative clerk proceeded to ond. They are not eligible to come to the call the roll. The yeas and nays were ordered. United States—the process of finding a Mr. REID. Mr. President, I ask unan- f third country that will receive them. I imous consent that the order for the want to see firsthand for myself and MORNING BUSINESS quorum call be rescinded. talk to some of these people to see that The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- each one of them, both the Haitian objection, it is so ordered. imous consent the Senate now proceed group and the Cuban group, have that Mr. REID. Mr. President, I ask unan- to a period for morning business, with personal attention. I will have a fol- imous consent that on Friday, January Senators permitted to speak therein lowup with our staff to see that that 25—tomorrow—the time until 10:30 a.m. for a period not to exceed 10 minutes process is carried on in an orderly and be equally divided and controlled for each. prompt fashion. debate with respect to the Smith of Or- The PRESIDING OFFICER. Without This trip tomorrow is a direct result egon amendment; that at 10:30 a.m. the objection, it is so ordered. of having just been with a delegation of Senate vote in relation to the amend- f a total of nine of us into central Asia, ment, with no intervening amendment including Afghanistan. What we saw in order prior to the disposition of the GUANTANAMO, CUBA there—and I gave a report to the Sen- Smith amendment; further, that on Mr. NELSON of Florida. Mr. Presi- ate yesterday and I will not repeat it; Friday the next amendment be one of- dent, tomorrow a small bipartisan dele- it was an optimistic report reflecting fered by the majority leader or his des- gation, of which I will be part, will go the enthusiasm and the determination ignee regarding unemployment insur- to Guantanamo, Cuba to see for our- expressed in the faces of our young peo- ance; that following the presentation selves directly the questioning process ple, our young men and women in uni- of that amendment, and a brief expla- in trying to elicit information from the form serving our country in that part nation, the amendment be temporarily detainees, the unlawful combatants, of the world and serving very success- laid aside and that Senator BOND or his the prisoners, whatever you want to fully. designee offer the next Republican call them. As a followup to that, at the end of amendment regarding small business. I think in a lot of the commentary that trip, it started occurring to a The PRESIDING OFFICER. Is there that has come out about this—and this number of us, bipartisan, that we want- objection? is one of the reasons I want to go; I ed to make this trip to Guantanamo. January 24, 2002 CONGRESSIONAL RECORD — SENATE S93 That is what we will do. Then I will re- administrations on numerous adoption at the Virginia Campus of the George port to the Senate next week upon our initiatives between 1990 and 2000. Using Washington University and to serve as return. proceeds from two books and many a model for replication by those wish- f speaking engagements, Dave founded ing to pursue individual variations of the Dave Thomas Foundation for Adop- this new approach to complexity man- MIAMI HURRICANES tion in 1992 to work with families wish- agement in national security. Mr. NELSON of Florida. Mr. Presi- ing to adopt children. Dave also As was pointed out in the December dent, yesterday at the time of what we worked with national adoption agen- 7 colloquy, Project Alpha is a proactive call a quorum call, what others in the cies to raise awareness about children approach to terrorist threats to U.S. street lingo might say is a recess, I who are waiting for adoption. Dave national security, a concept initiated took to the floor and with levity in my went on to create the Dave Thomas and developed long before the tragic words spoke about some of the recent Center for Adoption Law to facilitate events of 9–11. It utilize advanced tech- college bowl games, of which the State the adoption process through education nology in complexity-analysis tech- of Florida played such a prominent and research. niques designed to help us both predict part, having three of our major teams Dave was also a driving force in per- and prevent or ameliorate critical situ- in major bowls, all three of which were suading corporate America to reshape ations before they can become real- successful. their policies to help cover the adop- world disasters. Project Alpha com- I am going to take the occasion tion expenses of employees. Thanks to bines sophisticated information-gath- today of offering a resolution for the his efforts, three out of four of the For- ering and data-mining methodologies national champion, the national cham- tune 1000 companies now offer adoption with high-performance data analysis, pion, University of Miami Hurricanes, benefits to employees. professional-level subject and issue ex- in college football. It is now a univer- Yesterday was the anniversary of the pertise, decision support systems of sity that is quite accustomed to na- Supreme Court’s landmark decision in proven efficacy, and state-of-the-art tional championships, having won so the Roe v. Wade case. As everyone technology for communication and in- many of them in the past, but it is now knows, I support the rights of Amer- formation dissemination. a university that is led by a person who ica’s unborn. I recognize, however, that Project Alpha offers the opportunity is near and dear to the hearts of many in today’s society, unwanted preg- for exploration of the broadest range of in Washington, including the Presiding nancies will continue to occur. Rather threat possibilities, available options Officer. Dr. Donna Shalala is the new than taking an innocent life, I urge and their effects and ultimate con- President. Americans to embrace adoption as an sequences, especially those that would She took over the reigns in June of alternative to abortion. normally remain unforeseen and the University of Miami. She has been Dave never forgot his good fortune unpredicted. The program will allow so well accepted so quickly and is so and he willingly gave his time and fi- rapid exploration of a massive range of loved in the Miami community. And nancial resources to make us, as Amer- relationships and interactions that are then no sooner does she take the reigns icans, aware of the less fortunate. All beyond the ability of our liner-reduc- and is so immediately successful in her for a kid. We who know him are better tions minds alone to follow or foresee. leadership of the university, but that for it. Thousands of kids find them- Project Alpha provides a mechanism her team wins the national champion- selves in better circumstances because for complexity consequence-projection ship undefeated for the season. of him and the passion that lived deep of far greater scope, magnitude and im- I thank the Chair for the oppor- in his heart. What a legacy. mediacy than has ever before been tunity. Along with the sponsors of this reso- available. The crucial element that f lution, I simply want to thank Dave for makes this possible is the rapidly ex- making the world a better place for panding supercomputing technology HONORING DAVE THOMAS thousands of adopted children and also that has not yet been harnessed for Mr. BURNS. Mr. President, I rise to send my sympathy to his family. this purpose. Through its use, Project today to support the Senate resolution f Alpha can facilitate direct encounters honoring Dave Thomas, founder of the with the unexpected and the unin- PROJECT ALPHA successful Wendy’s restaurants. His tended in order that potential terrorist death is a loss to the business and en- Mr. GRASSLEY. Mr. President, dur- events may be anticipated and ren- trepreneurial world, the most powerful ing consideration of the Defense appro- dered preventable, manageable and engine in the American economy. He priations bill on Friday, December 7, unsurprising. The purpose of Project opened doors for thousands of young my distinguished colleagues, the chair- Alpha is to help use learn more what people who used Wendy’s as entry-level man of the Defense Appropriations we don’t know in ways that we might employment that launched their fu- Subcommittee, Senator INOUYE, and never imagine, so that real-life catas- ture. He was a symbol and shining ex- Senator HARKIN, a member of that sub- trophes can be avoided. Protecting the ample of leadership that one could be committee as well as the chairman of U.S. food supply is high on the list of proud to be associated with. But this the Agriculture committee, engaged in national security priorities, and the man was more than Wendy’s. The sign a colloquy regarding the George Wash- application of Project Alpha to this that carried Wendy’s logo stood for ington University’s, proposed Project critical need can be of significant pub- more than just tasty, square ham- Alpha. I support this unique effort to lic benefit in dealing with the threat of burgers. The little freckled-faced girl deal with potential terrorist threats to agroterrorism now and in the future. represented much more. the U.S. food supply. I have been work- f I knew Dave through the Shrine of ing with GWU since May on this North America. As a Shriner, he exhib- project. In July, Iowa State University THE NEED FOR GUN LEGISLATION ited his dedication to children across joined the consortium at my request. I Mr. LEVIN. Mr. President, at end of this country by supporting the 22 want to point out that support for this the First Session of this Congress, as I Shriners Hospitals for Children and the very worthwhile program and requests have before, I urged my colleagues to three Shrine Burn Centers. He was a for its expeditious implementation debate and pass sensible gun safety leg- living example of the phrase, ‘‘No man come from both sides of the aisle. I am islation. Since that statement, we have stands so tall that stoops to help a glad that Iowa State University can seen three separate incidences of gun kid.’’ He had a passion for thousands of contribute its expertise in this area as violence in our Nation’s schools. In children who are caught in the cir- a major partner in this effort and that New York City, a teenager walked into cumstance of adoption. He was an the National Animal Disease Center a high school and seriously wounded adopted child and he never forgot his will also be a key player. two other students. In Grundy, VA, a roots or the wonder of parental love. An important component of the man walked into a law school and shot As an adopted child himself, Dave Project Alpha formula is its ‘‘National and killed three people. In Raymond, served as a credible spokesman for both Decision Assessment Immersion Cen- MS, a 17-year-old student who had just Republican and Democrat White House ter,’’ to be located in existing facilities been suspended, returned to school and S94 CONGRESSIONAL RECORD — SENATE January 24, 2002 held the principal and assistant prin- believe are politically motivated Washington’s quick glance away from this cipal hostage at gunpoint for nearly charges. little-known and backward country. three hours. Freedom of religion is also an area of Washington needs to wake up to what is These are not simply isolated events. happening in NATO’s backyard: Belarus is concern. The registration scheme, re- quietly acting as a leading supplier of lethal According to the Children’s Defense quired for a group to obtain full legal military equipment to Islamic radicals— Fund Study of 2001 gun violence data, rights, is the ultimate ‘‘Catch-22.’’ Reg- with terrorists and militant organizations in 3,365 children and teens were killed by istration cannot be granted without a the Middle East, Balkans and Central Asia gunfire in the United States last year, legal address; a legal address cannot be often the recipients. which is one child every 21⁄2 hours. And, obtained without registration. Even In 1994, Lukashenko’s first year as presi- every year, four to five times as many the state controlled media is a concern dent, Belarus sold machine guns and ar- children and teens suffer from non- mored vehicles to Tajikistan. This equip- for religious freedom, due to the highly ment quickly made its way into the hands of fatal firearm injuries. The safety of our critical reports in newspapers and tele- warring factions in neighboring Afghanistan, children and communities are at stake vision about the Catholic Church and as well as Islamic freedom fighters aiming to and access to guns is a major reason Protestant churches. Very recently, overthrow the government in Tajikistan why. As we begin a new session of Con- the regular broadcast on national radio itself—ironically the same country where gress, I once again urge the Senate to of a Miensk Catholic mass was unex- Belaru’s big brother, Russia, has thousands close the gun show loophole, prevent pectedly halted. of soldiers stationed to protect Central Asia children from gaining access to guns Efforts to promote human rights and and Russia from Islamic destabilization. Many of Lukashenko’s arms deals have fol- and provide law enforcement the tools expand support and develop civil soci- lowed a similar pattern: Weapons sent from they need to investigate gun-related ety in Belarus are being thwarted. The Belarus are ‘‘diverted’’ from a listed destina- crimes. Belarusian Government has threatened tion country to an Islamic extremist group f the OSCE Mission in Miensk with what or a country under U.N. arms embargo while amounts to expulsion unless the man- Belarusian government officials cast a blind BELARUS—OPPORTUNITIES date of the Mission is changed more to eye on the transactions. SQUANDERED its liking and has shown reluctance to While it is deplorable that Belarus’s weap- ons have been responsible for prolonging Mr. CAMPBELL. Mr. President, peri- accept a new Head of Mission. It is odically, I have addressed my col- civil wars and internal strife in countries vital that the OSCE be allowed to con- such as Tajikistan, Angola and Algeria, it is leagues in the United States Senate on tinue its important work in developing particularly disturbing that Sudan, a coun- developments in the last dictatorship genuine democratic institutions and a try where Osama bin Laden used to live and in Europe Belarus. More the 5 months strong civil society in Belarus. one that is known as a haven for terrorists, have passed since the September 9, 2001 I am also deeply troubled by allega- has obtained from Belarus such proven and Belarusian Presidential elections, tions that Belarus has been acting as a capable weapon systems as T–55 tanks and which the Organization for Security supplier of lethal military equipment Mi–24 Hind Helicopter gunships. Weapons sent from Belarus to Sudan either fall into and Cooperation in Europe (OSCE), as to Islamic terrorists, a charge that the well at the Helsinki Commission, the hands of terrorists or are used in a civil Belrausian Government has denied. war that has already killed more than 2 mil- which I chair, concluded did not meet The troubling allegations contained in lion people. international democratic standards. this article are a reminder of the im- Lukashenko’s efforts to sell weapons to Since that time, the Belarusian leader- portance of remaining steadfast in sup- generate much-needed income for his belea- ship has had ample opportunity to porting democracy, human rights and guered economy appear to have no bounds. begin to live up to its freely-under- the rule of law in Belarus. The lack of For a country of only 10 million people, it is taken OSCE human rights and democ- unsettling that Belarus is ranked year after functioning democratic institutions, year among the top 10 weapons-exporting racy commitments. Thus far, these op- including an independent parliament, portunities have been squandered. As countries. To put in perspective how much together with suppression of free media military equipment left over from the Soviet Secretary of State Powell remarked in contribute to an environment void of Union Lukashenko has at his disposal, con- his speech at the December 2001 meet- accountability. Writing off Belarus as a sider the following fact: The Belarusian ing of OSCE Ministers in Bucharest: backwater in the heart of Europe army has 1,700 T–72 battle tanks. Poland, a The Government of Belarus ignored would play into the hands of the new NATO member with the most powerful the recommendations of the OSCE on Lukashenka regime with disastrous army in Central Europe and with four times what conditions would need to be es- the population of Belarus, has only 900 T–72s. consequences not only for the Despite strong denials from Lukashenko, tablished in order for free and fair elec- Belarusian people. It is more important tions to take place. It is unfortunate, Belarus has been a key partner of Saddam than ever for the OSCE to maintain a Hussein in his effort to rebuild and mod- indeed, that the government of Belarus strong presence on the ground in ernize Iraq’s air defense capability. Belarus continues to act in a manner that ex- Belarus and for the United States to has violated international law by secretly cludes Belarus from the mainstream of continue to support democratic devel- supplying Baghdad with SA–3 antiaircraft European political life. opment in that country. missile components as well as technicians. Since September, human rights vio- I ask unaminous consent that the Given that Iraq has repeatedly tried to shoot lations have continued. There has been down U.S. and British aircraft patrolling the Washington Post article ‘‘Europe’s Ar- U.N. no-fly zone—with more than 420 at- no progress with respect to resolving mory for Terrorism be printed in the the cases of opposition leaders and tempts this year alone—covert Belarusian- RECORD. Iraqi military cooperation is disturbing and journalists who ‘‘disappeared’’ in 1999— There being no objection, the material was should set off alarm bells in Western cap- 2000. Belarusian leader Aleksandr ordered to be printed in the RECORD, as fol- itals. Lukashenka has retaliated against op- lows: Former Belarusian defense minister Pavel position members, independent jour- [From the Washington Post, Jan. 3, 2002] Kozlovski, obviously someone with firsthand knowledge of Minsk’s covert arms deals, re- nalists, human rights activists and EUROPE’S ARMORY FOR TERRORISM cently summed up Belarus’s cooperation others, especially young people. Beat- (By Mark Lenzi) ings, detentions, fines and other forms with Iraq and other rogue states by saying, The country in Europe that deserves the of pressure have continued unabated. ‘‘I know that the Belarusian government most attention for its support of terrorist does not have moral principles and can sell To cite just one example, two defend- groups and rogue states continues to receive weapons to those countries [such as Iraq] ants in a criminal case against Alex- the least. That is the lawless and undemo- where embargoes exist. This is the criminal ander Chygir, son of leading cratic country of Belarus, under the rule of policy of Belarusian leadership.’’ Lukashenka opponent and former Alexander Lukashenko. In many ways, the mercurial and authori- Prime Minister, Mikhail Chygir, were Without a doubt no world leader benefitted tarian Lukashenko feels he has a free hand reportedly beaten and otherwise mal- more from the September terror attacks to sell arms to nations and groups that are treated during pre-trial detention. than Lukashenko, Europe’s last dictator, unfriendly to the West, because the Euro- whose ultimate wish is to reunite the Soviet pean Union and the United States do not rec- Criminal cases have been launched Union. Just as world scrutiny and condemna- ognize him as the legitimate Belarusian head against journalists and NGOs as well. A tion were beginning to mount after his of state anyway. Threats of U.S.-led eco- number of leading industrialists have rigged and falsified presidential election of nomic sanctions or other diplomatic been arrested on what some observers Sept. 9 the tragic events two days later took ‘‘sticks’’ against Belarus hold little weight, January 24, 2002 CONGRESSIONAL RECORD — SENATE S95 since the country is already isolated to a de- the world is in great flux, to remember challenges would be invading Haiti, or stop- gree rivaled only by a handful of other coun- and reaffirm, in all we do, the prin- ping wars in places like Bosnia and Kosovo. tries. ciples upon which America was found- The Clinton people slashed our defense budg- It is only thanks to cheap energy subsidies ed. He remarks on how well we are et in search of a ‘‘peace dividend,’’ while from Russia that the Belarusian economy re- sending our forces all over the world on a mains afloat. Since Russia is the only coun- bearing up under the worst assault plethora of missions that drained America’s try that has the necessary economic and po- we’ve sustained since Pearl Harbor. military readiness. They put off investments litical influence on Belarus, it is imperative ‘‘They thought that their attacks needed to prepare for the real energing that Washington use its new relationship would frighten and divide us,’’ writes threats to U.S. national security. Instead of with Moscow to encourage the Russians to Senator HELMS. ‘‘Instead, they have focusing on new dangers, they spent their exert their leverage on Belarus to cease cov- drawn us closer to God, and to each time and energy forging ridiculous new trea- ert arms sales to rogue states and terrorist other.’’ ties—like the Kyoto Protocol and the Inter- groups. I highly commend to my colleagues national Criminal Court—while fighting des- In the Bush administration’s worldwide ef- perately to preserve antiquated ones, like fort to combat terrorism, it should not over- this Churchillian call to unity. the ABM Treaty! look a little-known country right on NATO’s I ask unanimous consent that Sen- In light of America’s new war, it is almost border. ator HELMS’ speech be printed in the humorous to look back on some of the for- f RECORD. eign policy debates of the 1990s. Can anyone There being no objection, the mate- imagine Kofi Annan today declaring as he THREATS TO NATIONAL SECURITY rial was ordered to be printed in the did two years ago, that the United Nations Mr. KYL. Mr. President, for over 200 RECORD, as follows: Security Council is the ‘‘sole source of legit- imacy for the use of force in the world’’? Or years, our Nation has championed [From Imprimis, Jan. 2002] former Deputy Secretary of State Strobe ideas and ideals that have placed us in EMERGING THREATS TO UNITED STATES harm’s way. In certain parts of the Talbott repeating his ridiculous assertion NATIONAL SECURITY that all countries, ‘‘no matter how perma- world, our actions have at times made (By the Honorable Jesse Helms) nent or even scared [they] may seem,’’ are in us the object of ridicule. But liberty, The following is an abridged version of Sen- fact ‘‘artificial and temporary’’? toleration, and the inalienable rights ator Helms’ speech at the second annual Hills- ‘‘Within the next hundred years,’’ Talbott of the individual have been our dale College Churchill Dinner, held at the went on to say, ‘‘nationhood as we know it strength, and that strength is un- Mayflower Hotel in Washington, D.C., on De- will be obsolete; all states will recognize a dimmed by criticism of the United cember 5, 2001. single global authority.’’ Let him tell that to States. We stand legitimately for free- America is the only nation in history the policemen and firemen at the World Trade Towers. Let him tell it to all the mil- dom; for us it is not a mere word em- founded on an idea: the proposition that all men are created equal, and are endowed by lions of Americans flying flags from their ployed in presidential speeches or dip- their Creator with inalienable rights to life, homes and cars. Let him tell it to the thou- lomatic exchanges. The concept of or- liberty and the pursuit of happiness. No sands of brave Americans in uniform, who at dered liberty has been the foundation other nation can make such a claim. This is this very moment are voluntarily risking of our national resolve, consecrated what makes us unique. It is why, for more their lives to defend our country. with the blood of our sons and daugh- than two centuries, America has been a bea- In the wake of September 11, a measure of ters on many fields of battle across the con of liberty for all who aspire to live in sanity has been restored to debates over U.S. world, and now, tragically, in the freedom. It is also why America was so bru- foreign policy. Awakened to new dangers, tally attacked on September 11. our challenge is now twofold: First, we must wreckage in New York, Pennsylvania, The terrorists who struck the Pentagon win the war on terrorism that took our na- and the Pentagon. and the World Trade Towers despise what tion by surprise. And second, we must pre- I rise to call my colleagues’ attention America stands for: freedom, religious tol- pare now for the threats that could emerge to a speech that the senior Senator eration and individual liberty. They hate the to surprise us in the decades ahead. from North Carolina delivered to the success with which the American idea has BEYOND AFGHANISTAN second annual Hillsdale College spread around the world. And they want to Thanks to the outstanding leadership of Churchill Dinner on December 5, 2001, terrorize us into retreat and inaction, so President Bush, the Taliban is in retreat and which I will ask to be printed in the that we will be afraid to defend freedom Osama bin Laden is on the run. But the war abroad and live as free people at home. They RECORD. This speech is a remarkably on terrorism is far from over. Indeed, one will not succeed. good statement of our national char- could argue that the most difficult challenge acter and our national purpose, draw- A REVIVED SENSE OF VIGILANCE comes now, as the Afghan campaign moves ing as it does upon a wealth of knowl- The terrorists we fight today are not the from the taking of cities, to a cave-by-cave first aggressors of their kind to challenge us. hunt for bin Laden and his terrorist network. edge and experience second to none. We Indeed, at this moment of trial, it is alto- Ripping that network out by its roots will be need to hear from statesmen like JESSE gether fitting that we gather to honor the long, difficult and dangerous work. More- HELMS at a time like this. In his Hills- memory of Sir Winston Churchill, whose over, President Bush’s greatest challenge dale speech, he offers a powerful assess- courage, conviction and steely resolve led may come after the Afghan phase of the war ment of the state of affairs facing the Allies to victory over Fascism, and who is over. United States policy makers who must went on then to warn us about the danger of The bin Laden terrorist network operates develop a strategy to combat forces the emerging Communist threat and the Iron in dozens of countries. Nor is it the only one that would seek to destroy us and our Curtain then descending across Europe. that threatens America and her allies. Ter- Today we face a new and different enemy— rorist networks operate across the world, way of life. one who hides in caves, and who strikes in with the support of dozens of states. Presi- As Senator HELMS so ably explains, new and unexpected ways. Yet in a larger re- dent Bush has made clear that this war will this is a task that we have faced be- spect, this new enemy is no different from not end until every terrorist network with fore. Though the names and the faces the enemy Churchill faced 60 years ago. And global reach is decisively defeated. He has and even the tactics of our adversaries as shocking as September 11 was, it should also made clear that the United States will change, the threat to us is the same. have come as no surprise that our nation was no longer tolerate states that support or pro- We must confront this threat and we once again challenged by aggressors bent on vide safe haven to these terrorists. That must defeat it. At the same time, Sen- her destruction. means, I am convinced, that the war on ter- Jefferson warned that ‘‘the price of liberty rorism cannot and will not end until Saddam ator HELMS admonishes us to remain is eternal vigilance.’’ And since our found- Hussein suffers the same fate as the Taliban. vigilant of those world powers that ing, Jefferson has been proven right, time While we do not yet know that Saddam maintain historic practices of hostility and time again. New enemies have con- was directly involved with the tragic events toward us, powers that are strength- stantly emerged to threaten us. The lesson of September 11, there is a mountain of evi- ening their war-making capacities, and of history is that to secure our liberty, dence linking him to international terrorism that might well seek to lull us into a America must be constantly on guard, pre- generally, and to bin Laden’s terrorist net- false sense of security as we pursue our paring to defend our nation against tomor- work specifically. We know for a fact that campaign against the terrorist net- row’s adversaries even as we vanquish the Saddam attempted to assassinate former enemies of today. President Bush. We know with certainty works. Over the past decade, America let down her that he has chemical and biological agents, The good Senator provides us with a guard. With the collapse of the Soviet Union, and is pursuing nuclear weapons. We know thought-provoking analysis that is so- our leaders assumed that the post-Cold War for certain that, days before coming to the bering, but also hopeful. He urges us, world would be one of unlimited peace and U.S., one of the September 11 hijackers met at a time when the geopolitical map of prosperity, and that our greatest security with an Iraqi agent in Prague—and that soon S96 CONGRESSIONAL RECORD — SENATE January 24, 2002 after that meeting, this same bin Laden op- Iran, Syria, Sudan, North Korea and Cuba America was attacked by terrorists on erative was in the United States inquiring continue to provide aid, comfort and refuge September 11 because of what America how one goes about renting a crop duster. So to terrorist elements that wish to harm the stands for—our dedication to life, liberty and the obvious next step in the war on terrorism United States, and several of them are seek- justice under God. As we defend those prin- is the elimination of Saddam Hussein’s ty- ing weapons of mass destruction and the ciples abroad, let us also renew them here at rannical terrorist regime. means to deliver them. home. As we go after the terrorists who com- Just as the United States teamed up with In times of war, the enemy of our enemy is mitted those unspeakable acts against our determined Afghans who were ready, willing often our friend. During World War II, people, let us, at the same time, get about and able to overthrow the Taliban with Churchill explained his wartime alliance the task of restoring our nation’s moral and American support, there are Iraqis ready to with Stalin this way: ‘‘If Hitler invaded spiritual foundations. No matter how suc- overthrow Saddam. But taking the war to Hell,’’ Churchill said, ‘‘I would make at least cessfully we prosecute the war against ter- Saddam will be no easy task. We must accept a favorable reference to the Devil in the rorism—no matter how brilliantly we pre- the probability that many of the nations ral- House of Commons.’’ But let us not forget pare for the threats of the future—we will lying around us today will be nowhere to be what happened in the aftermath of World never be truly secure if we do not return to found. Indeed, some are likely to scream and War II, when the Soviet Union went from the principles on which America was found- yell and stomp their feet, demanding ‘‘evi- wartime ally to Cold War adversary. We ed, and which made America great. dence’’ of Iraq’s involvement in the Sep- must be careful that, in our zeal to build the This is already taking place. In the wake tember 11 attacks. It is then that President coalition against terrorism, we do not mis- of September 11, flags are flying and church Bush must patiently remind them that the takenly turn a blind eye to the true nature pews are overflowing. This great patriotic war on terrorism is a war against all terror- of certain regimes whose long-term interests and spiritual outpouring is proof that the ists who threaten America, regardless of and intentions remain contrary to ours. terrorists’ plans have backfired. They whether they bombed the World Trade Tow- Of course we must, and should, take the thought that their attacks would frighten ers, sought to murder a former President of opportunity to reach out to nations that are and divide us; instead they have drawn us the United States, or threaten our people willing to step up and take concrete steps to closer to God—and to each other. We must with nuclear, chemical and biological weap- help us in the fight against terror. Not for encourage this spiritual rebirth, and nurture ons of mass destruction. several generations has the geopolitical map it so that it becomes another Great Awak- We must proceed against Saddam with the of the world been so much in flux, as a vari- ening. We must instill in our young people same resolve with which we have proceeded ety of countries decide how to respond to the an understanding that theirs is a nation against the Taliban in Afghanistan. Once the events of September 11 and to President founded by Providence to serve as a shining world sees two terrorist regimes in rubble, I Bush’s ultimatum that ‘‘either you are with city on a hill—a light to the nations, spread- suspect that support for international ter- us or you are with the terrorists.’’ President ing the good news of God’s gift of human rorism will dry up pretty quickly. Dictators Bush is certainly to be commended for the freedom. will begin to understand that waging a war rapid transformation of our relationship Thank you, God bless you, and, as Ronald by proxy against the United States carries with Russia, whose long-term interests Reagan always said, God bless America! deadly consequences. clearly lie with the West. President Putin f While we prosecute the war on terrorism to seems to have seized September 11 as an op- its logical conclusion, we must, at the same portunity to align Russia more closely with THE RECENT ELECTIONS IN time, begin preparing for the next threats to the United States, and he should be encour- ZAMBIA America—threats which could be quite dif- aged in this regard. But we must proceed Mr. FEINGOLD. Mr. President, I rise ferent from those we face today. The next with care. For example: The idea of giving today to express concern over the out- challenge we face may come from a rogue Russia a decision-making role within come of the presidential elections last state armed with ballistic missiles capable of NATO—including a veto over certain Alli- reaching New York or Los Angeles. It may ance decisions (as NATO Secretary General month in Zambia. A number of African come from cyber-terrorists who seek to crip- Lord Robertson suggested the other day)—is states will hold important elections ple our nation and our economy by attacking absurd. Russia still has much to prove before this year, the results of which could our vital information networks. It may come being given de facto membership in the At- shape the governance and prosperity of from a country that has developed small lantic Alliance. the continent for years to come. Unfor- ‘‘killer satellites’’ capable of attacking our We must make clear—as President Bush tunately, several troubling aspects of space infrastructure, on which both our de- has made clear—that we want closer co- the Zambian elections demonstrate the fense and our economy depend. Or it may operation with Russia and a new relationship need for a more concerted inter- come from a traditional state-on-state war, that puts Cold War animosities behind us. such as a Chinese invasion of Taiwan. In any But in building that relationship, we must national effort to demand democratic event, it is essential that we begin preparing stand firmly behind our intention to build accountability and transparency in now for all of these possibilities, by devel- and deploy ballistic missile defenses. If the many African states. oping defenses against a wide range of asym- United States and Russia are to establish a The Movement for Multiparty De- metric threats. new strategic relationship based on trust, co- mocracy’s candidate for President of DISTINGUISHING FRIENDS FROM ENEMIES operation, and mutual interests, then Russia Zambia, Levy Mwanawasa, was inaugu- We must also look realistically at who our must recognize that such missile defenses, in rated on January 2 as the new Presi- potential adversaries could be in the decades protecting the United States and our allies dent, after claiming a very narrow vic- ahead. For example, Communist China—a from mutual adversaries, will enhance the tory in general elections held on De- nation with no respect for human rights, for security of both nations in today’s new and dangerous world. cember 27. As the handpicked successor religious freedom, or for the rule of law—re- of outgoing president Frederick MORAL FOUNDATIONS OF SECURITY mains both a present and an emerging threat Chiluba, Mwanawasa approached the to the United States. Its annual double-digit America is indeed the greatest nation on increases in military spending, its virulent the face of the earth, a beacon of freedom for contest from an advantaged institu- anti-American propaganda, and its aggres- the entire world. We have met tremendous tional position and ran against a di- sive arms acquisitions are all very clear indi- challenges to our freedom before September vided opposition. But polls leading up cations that China fully intends to become a 11 and defeated them. We will do so again. to the election predicted that Anderson superpower—and, when it is able, to seek re- but in the long run, the greatest emerging Mazoka, a prominent business execu- gional hegemony in Asia and threaten our threat to America may not come from with- tive, would win, or that the race would democratic friends on Taiwan. Moreover, out, but rather from within. As I have said at least be exceptionally close. China has for years exported dangerous mis- often during my years in public life, we will Unfortunately election monitoring sile technology to Pakistan—support that, not long survive as a nation unless and until reports from the Carter Center, the Eu- according to the Director of Central Intel- we restore the moral and spiritual principles ligence, continues today unabated. China has that made America great in the first place. ropean Union and national nongovern- also supplied chemical weapons-related On September 11, 4,000 innocent Americans mental organizations suggest that the equipment and technology to Iran. And ear- were killed by a foreign enemy. The Amer- balloting may have been marred by lier this year, U.S. and British war planes ican people responded with shock, sadness, fraud. There are credible reports of tab- had to destroy fiber-optic cables that had and a deep and righteous anger—and rightly ulation irregularities and voter intimi- been laid by Chinese firms in Iraq, as part of so. Yet let us not forget that every passing dation. Those reports corroborate Saddam Hussein’s ever-improving air defense day in our country almost 4,000 innocent claims made by the opposition parties infrastructure. Americans are killed at the hands of so- themselves. The Carter Center has Today, China is a thorn in our side. We called doctors, who rip those little ones from must make sure that, as China rises, it does their mothers’ wombs. These are the most issued a statement expressing serious not become a dagger at our throat. Nor is innocent Americans of all—small, helpless, concern over the reports of irregular- China by any means the only nation that defenseless babies. For unborn Americans, ities in the tabulation process, al- could one day threaten us. Countries like every day is September 11. though they have not been able to January 24, 2002 CONGRESSIONAL RECORD — SENATE S97 verify those irregularities independ- means. Unfortunately, in his first days and state, he grew more and more in- ently. At minimum, it seems clear that after assuming the presidency, Mr. strumental in Connecticut’s political the elections were characterized by Mwanawasa has demonstrated an omi- life, and my home State grew more and highly troubling inconsistencies and nous reluctance to tolerate opposition more indebted to him. exceptionally poor management. politics, and he has publicly warned I was privileged to have Mickey as a Equal consideration must also be the opposition against taking any addi- friend. Despite many attempts to draft given to alarming pre-election reports. tional steps to contest the results. him into official public service, Mickey An assessment conducted by the Carter A peaceful and credible resolution to never ran for political office—perhaps Center immediately prior to the voting election disputes is essential. Without because he understood that in America, concluded that some steps taken by the confidence of the Zambian people, there’s no greater honor or privilege Zambian authorities in the pre-elec- the President of that country will find than an active and caring private cit- tion period ‘‘handicapped the opposi- it difficult, if not impossible, to ad- izen. That is what he was: a grassroots tion, created barriers to civil society dress the country’s precipitous social leader who cared about the common participation and disenfranchised decline, which has been nudged along good and got results. I know that his many voters.’’ Reports of intimidation by a worsening economic climate, optimism and patriotism will continue and the misuse of state resources by widespread corruption and a massive to inspire all those who knew him as government officials undermined the HIV/AIDS epidemic in a country where long as we live. I ask to print the fol- credibility of the ruling party’s cam- the average income is only about one lowing tribute to his life by Tom paign. At the same time, the Carter dollar a day. Once the election dispute Condon, another good guy who also Center estimated that only 2.6 million is resolved, the United States will have happens to write for the Hartford Cou- out of an eligible 4.6 million citizens to work closely with the legitimate rant, in the RECORD. were registered to vote. In part, this government of Zambia to help address The tribute follows: low level of registration related to dif- this growing humanitarian crisis. [From the Hartford Courant, Jan. 16, 2002] ficulties in obtaining national registra- MICKEY MIANO DIES AT 95 f tion cards. But prolonged uncertainty RESTAURATEUR HELPED DEFINE AN ERA IN CITY about the election date, followed by ADDITIONAL STATEMENTS POLITICS the selection of a date in the middle of (By Tom Condon) the rainy season and during a common Michael ‘‘Mickey’’ Miano, restaurateur, TRIBUTE TO MICKEY MIANO holiday travel period also complicated businessman and an enduring figure in Hart- the administration of the elections and ∑ Mr. LIEBERMAN. Mr. President, I ford politics for much of the last century, rise today with sorrow and profound re- died last weekend, two months shy of his lowered participation in certain re- 96th birthday. gions. And the failure of President spect to honor the life of Michael Miano, street-savvy and stylishly stout, Chiluba to declare an official holiday ‘‘Mickey’’ Miano, a Connecticut insti- feisty and flamboyant, got his start in poli- on the date of the elections prevented tution and personal friend who passed tics at age 9, handing out fliers for Woodrow some workers from waiting in long away earlier this month, just 2 months Wilson in the 1916 election. He gained local lines that day to vote. shy of his 96th birthday. prominence in the rough-and-tumble world The mismanaged December elections By trade, Mickey was a restaurateur of East Side politics in the 1930s. and businessman, but that doesn’t He was part of the first generation of have led to protests in Zambia, al- Italian American politicians to gain power though it is a testament to the Zam- begin to describe the depth of his influ- in the city, a group that included such fig- bian people’s desire for a genuinely ence on Connecticut’s capital city or ures as Anthony Zazzaro, Rocco Pallotti, Jo- democratic state, governed by the rule the State that was his home. Anyone seph Fauliso and Dominick DeLucco. of law, that the protests have not ex- who wanted to understand Hartford’s Miano declined many requests to run for ploded into more destabilizing vio- social and political life in a glance office, preferring the behind-the-scenes lence. Turning to the courts, the oppo- needed only to visit Mickey in his res- neighborhood and committee work where a taurant or in the office of one of the job, a favor or a remembered birthday trans- sition is expected to lodge a full appeal lated into votes and power. He was so good at to the Supreme Court. The high court many other businesses he ran over the it that even in his 80s, when he’d lost a step in Lusaka dismissed an earlier opposi- course of his life. He was a political and his influence had waned, politicians still tion petition, declaring that Zambian leader without political office—a man stopped at his memento-filled Franklin Ave- law required that such petitions be who understood that communities are nue office to pay homage. ‘‘You don’t want filed after the winning candidate as- held together not by government but him against you,’’ then-State Rep. Anthony sumed office. But most legal profes- by the private citizens who live, work, Palermino told a reporter. own homes, and raise their families in He was a soft touch for a favor, but if a sit- sionals note that the judiciary remains uation called for a firm hand, Miano pro- weak and that it will be exceptionally them. vided it. As a precinct moderator in 1933, he difficult to overturn any election re- Mickey came to this country from twice settled disputes with his dukes. But he sults now that the results have been Italy at age 6 in 1912, left school after could also be a diplomat. certified. the fifth grade to work in the tobacco His East Side restaurant, Mickey’s In the meantime, the United States fields, later joined the merchant ma- Villanova, was the hot spot for politicians and the rest of the international com- rines, and then went into business. His and reporters in the World War II years. munity must work with the Zambian life’s trajectory exemplified the rise of Shortly after a bruising municipal election in 1943, heads of the three factions that had advocates of democracy as they seek a whole generation of Italian-American been fighting it out all appeared at Mickey’s. credible political options that might immigrants, and immigrants of every Miano tactfully seated them in different cor- resolve the current crisis. Some influ- nationality throughout American his- ners of the restaurant, and shuttled back and ential voices are calling for the cre- tory. The fact that Mickey had an up- forth until each group was buying drinks for ation of an independent commission to hill climb did not slow his ascent one the others. review the election. That is one option bit. By age 30, he was well on his way Miano was born in Sicily and came to this that the United States could support, to being a force in Connecticut poli- country at age 6 in 1912. He left school after particularly if the courts are unable or tics, earning it all through his hard the fifth grade to work in the tobacco fields. After a stint in the merchant marine he unwilling to resolve the dispute. But work and the power of his personality. came back to Hartford and went into a re- any attempt by the United States to Mickey’s place in the history of Con- markable number of businesses in the next help mediate the impasse must be necticut politics is secure. It was an at- 70-plus years. transparent and must have as its goal tempt to secure that place that led me He sold wholesale grapes, drove a fruit the inauguration of a Zambian govern- to include him in two books I wrote wagon, brought the circus to town, promoted ment that responds to the will, and the about Connecticut politics earlier in fights, ran a nightclub and finally got into needs, of the Zambian electorate. And my own life. the restaurant business. Mickey’s Villanova, on Market Street, was central to the polit- above all, the United States must And over the years that followed, as ical action in a way that Frank’s, Scoler’s stand firm in defending the right of the more people came to learn how gen- and Carbone’s would later be. During the opposition to speak out, and to contest erous he was in spirit and how com- war, Bob Steele, Willie Pep and others broad- the election results through legal mitted he was to improving his city cast to American troops from the restaurant. S98 CONGRESSIONAL RECORD — SENATE January 24, 2002 The Constitution Plaza redevelopment at the agency that maintain its Ms. Niland, one of its reading clerks, project took away the restaurant and the be- strength in providing this vital public announced that the House has passed loved East Side neighborhood, over Miano’s service. Mr. Curran’s thoughtful man- the following bill, without amendment: strenuous objection, but he persevered. He agement of the Indianapolis office has made salad dressing, started a rubbish re- S. 1762. An act to amend the Higher Edu- moval company and sold incinerators. helped ensure that this important fed- cation Act of 1965 to establish fixed interest In his last decades, he was in real estate eral responsibility is fulfilled for Indi- rates for student and parent borrowers, to and mortgages from the Franklin Avenue of- ana. extend current law with respect to special al- fice. He made no concession to age, his son The work of the NWS is essential to lowances for lenders, and for other purposes. Paul Miano said, and was as hungry to do a our economy and to public safety The message also announced that the deal at 87 as he was at 17. ‘‘The only way we throughout Indiana. Accurate, reliable House has passed the following bill, in got him to stop was by closing the office and helpful weather information is in- which it requests the concurrence of when he went in for surgery. He was 88, and tegral to our agricultural sector and to the Senate: we wanted him to take it easy.’’ our transportation and manufacturing H.R. 2234. An act to revise the boundary of But Mickey came through the surgery, lost industries in Indiana. State and local more than 100 pounds and was raring to go the Tumacacori National Historical Park in again. During his last illness, at 95, he’d say officials and units of government rely the State of Arizona. to Paul, ‘‘When I get out of here, let’s open on NWS alerts, warnings, and forecasts The message further announced that up a little office, just a couple days a week.’’ to prepare for and respond to emer- pursuant to section 955(b)(1)(B) of Pub- His daughter, Michelle Bradley, said the gency situations that occur in our cit- lic Law 105–83, the minority leader ap- family was never more proud of her father ies, towns and neighborhoods. I have points the following Member of the than when U.S. Sen. Joe Lieberman was deeply appreciated Mr. Curran’s efforts House of Representatives to the Na- nominated for vice president. Lieberman over the years to assist me and my mentioned Mickey in both of his books about tional Council on the Arts: Ms. MCCOL- staff in Indiana and Washington with LUM of Minnesota. Connecticut politics. ‘‘The Power Broker’’ the complex and technical issues in- and ‘‘The Legacy.’’ f ‘‘That a prospective vice president of the volved with weather services and the United States would write about this man of modernization process. MEASURES REFERRED Mr. Curran has distinguished himself humble origin is remarkable,’’ she said. The following bill was read the first through strong, attentive leadership And, Paul said, his dad got a lot of mileage and the second times by unanimous out of the mentions. He was vacationing in and a dedication to integrity in the consent, and referred as indicated: Florida during the campaign.∑ public trust. His commitment to excel- H.R. 2234. An act to revise the boundary of f lence in public service and careful stewardship at the NWS Office has the Tumacacori National Historical Park in RETIREMENT OF JOHN T. CURRAN the State of Arizona; to the Committee on made a positive difference for Indiana. Energy and Natural Resources. ∑ Mr. LUGAR. Mr. President, I take I congratulate Mr. Curran for his this opportunity to offer my thanks achievements during his long career, f and appreciation for the service of Mr. and I thank him for his service to Indi- EXECUTIVE AND OTHER John T. Curran of Indianapolis who is ana and the Nation. I know that he and COMMUNICATIONS his wife Christine look forward to retiring this month following a forty- The following communications were spending more time with their children year career that included twenty-four laid before the Senate, together with and grandchildren.∑ years as the Meteorologist-in-Charge accompanying papers, reports, and doc- for the National Weather Service, f uments, which were referred as indi- NWS, office in Indianapolis. CONGRATULATING ROY STOVALL cated: Throughout his illustrious career, ON HIS RETIREMENT EC–5140. A communication from the For- Mr. Curran has played an essential role ∑ eign Terrorist Tracking Task Force, Depart- in the agency’s integration of com- Mr. DOMENICI. Mr. President, I con- gratulate Roy Stovall for his long ca- ment of Justice, transmitting, pursuant to puter technology and development of reer dedicated to civil service. Roy will law, the report of a rule entitled ‘‘Provision the sophisticated equipment that has of Aviation Training to Certain Alien Train- soon retire from the Bureau of Land revolutionized the way the United ees’’ received on January 16, 2002; to the Management after 46 years of Govern- States performs the vital function of Committee on the Judiciary. ment work, 40 years of which were with monitoring and predicting our nation’s EC–5141. A communication from the Prin- the Bureau of Land Management. weather. Mr. Curran’s career began in cipal Deputy Associate Administrator of the Respected throughout New Mexico Environmental Protection Agency, transmit- 1961 where he worked as a trainee at for loyal service, Roy has proven to be ting, pursuant to law, the report of a rule en- the Weather Bureau Airport Station in a successful leader while serving in titled ‘‘Mepiquat; Pesticide Tolerance’’ Omaha, NE, and later as a severe local many different roles. He began his ca- (FRL6818–7) received on January 18, 2002; to storms analyst and computer pro- reer in Carlsbad, NM as a temporary the Committee on Agriculture, Nutrition, grammer. Mr. Curran’s knowledge of, Carrier with the United States Post Of- and Forestry. and experience with, the early com- EC–5142. A communication from the Presi- fice. Eventually after serving in sev- dent of the United States, transmitting, pur- puters and emerging technology made eral positions around the State he him an invaluable asset as the agency suant to law, a report concerning emigration found his home in Roswell serving out laws and policies of Armenia, Azerbaijan, adopted new and better ways to carry his career as a Range Management Spe- Kazakhstan, Moldova, the Russian Federa- out its mission. cialist. He is a member of the Society tion, Tajikistan, Turkmenistan, Ukraine and As the Meteorologist-in-Charge at of Range Management. Uzbekistan; to the Committee on Finance. the Indianapolis office, Mr. Curran For his quality work, Roy has re- EC–5143. A communication from the Chief oversaw operations in Indiana during a ceived numerous performance awards of the Regulations Branch, United States time of dramatic change for the NWS. and praise from co-workers for his Customs Service, Department of the Treas- ury, transmitting, pursuant to law, the re- Integration of new technologies and achievements. I also applaud the self- the dramatic changes brought forth by port of a rule entitled ‘‘Extension of Dead- less effort Roy has put forth in order to line to File a Wool Duty Refund Claim for National Implementation Plan re- make significant improvements in the Claim Year 2000’’ (RIN1515–AC85) received on quired competent and steadfast leader- quality of life for people of New Mexico January 18, 2002; to the Committee on Fi- ship to ensure that Hoosier commu- and the Nation for almost 50 years. I nance. nities benefitted from these remark- know that he has made his family and EC–5144. A communication from the Presi- able new developments. the people of New Mexico proud, and I dent of the United States, transmitting, pur- Mr. Curran understood, however, that wish him the same success with his fu- suant to law, a report concerning the preven- tion of terrorist bombings; to the Committee the people involved in this process were ture endeavors in his retirement.∑ the backbone of the Weather Service. on Banking, Housing, and Urban Affairs. f EC–5145. A communication from the Dep- While the tremendous leaps in tech- MESSAGE FROM THE HOUSE uty Secretary, Division of Market Regula- nology enable us to learn more about tion, United States Securities and Exchange weather patterns better than ever be- At 2:53 p.m., a message from the Commission, transmitting, pursuant to law, fore, it is the committed professionals House of Representatives, delivered by the report of a rule entitled ‘‘Amendments to January 24, 2002 CONGRESSIONAL RECORD — SENATE S99 Rule 31–1, Securities Transactions Exempt a rule entitled ‘‘Airworthiness Directives: EC–5166. A communication from the Chair- from Transaction Fees’’ (RIN3235–AI36) re- Reims Aviation SA Model F406 Airplanes’’ man of the Council of the District of Colum- ceived on January 18, 2002; to the Committee ((RIN2120–AA64)(2002–0011)) received on Janu- bia, transmitting, pursuant to law, a report on Banking, Housing, and Urban Affairs. ary 23, 2002; to the Committee on Commerce, on D.C. Act 14–209, ‘‘Taxicab Driver Security EC–5146. A communication from the Presi- Science, and Transportation. Revolving Fund Temporary Act of 2001’’; to dent of the United States, transmitting, pur- EC–5156. A communication from the Pro- the Committee on Governmental Affairs. suant to law, the periodic report on the na- gram Analyst of the Federal Aviation Ad- EC–5167. A communication from the Chair- tional emergency with respect to terrorist ministration, Department of Transportation, man of the Council of the District of Colum- who threaten to disrupt the Middle East transmitting, pursuant to law, the report of bia, transmitting, pursuant to law, a report peace process; to the Committee on Banking, a rule entitled ‘‘Airworthiness Directives: on D.C. Act 14–210, ‘‘Washington Convention Housing, and Urban Affairs. McDonnell Douglas Model DC 8 Series Air- Center Authority Oversight and Manage- EC–5147. A communication from the Presi- planes’’ ((RIN2120–AA64)(2002–0015)) received ment Continuity Temporary Amendment dent of the United States, transmitting, pur- on January 23, 2002; to the Committee on Act of 2001″; to the Committee on Govern- suant to law, a report relative to the con- Commerce, Science, and Transportation. mental Affairs. tinuation of the national emergency with re- EC–5157. A communication from the Pro- EC–5168. A communication from the Chair- spect to terrorist who threaten to disrupt gram Analyst of the Federal Aviation Ad- man of the Council of the District of Colum- the Middle East peace process; to the Com- ministration, Department of Transportation, bia, transmitting, pursuant to law, a report mittee on Banking, Housing, and Urban Af- transmitting, pursuant to law, the report of on D.C. Act 14–208, ‘‘Noise Control Tem- fairs. a rule entitled ‘‘Airworthiness Directives: porary Amendment Act of 2001’’; to the Com- EC–5148. A communication from the Pro- McDonnell Douglas Model DC 8 Series Air- mittee on Governmental Affairs. gram Analyst of the Federal Aviation Ad- planes’’ ((RIN2120–AA64)(2002–0014)) received EC–5169. A communication from the Chair- ministration, Department of Transportation, on January 23, 2002; to the Committee on man of the Council of the District of Colum- transmitting, pursuant to law, the report of Commerce, Science, and Transportation. bia, transmitting, pursuant to law, a report a rule entitled ‘‘Airworthiness Directives: EC–5158. A communication from the Pro- on D.C. Act 14–206, ‘‘Protections from Preda- McDonnell Douglas Model MD 90–30 Series gram Analyst of the Federal Aviation Ad- tory Lending and Mortgage Foreclosure Im- Airplanes’’ ((RIN2120–AA64)(2001–0007)) re- ministration, Department of Transportation, provements Temporary Amendment Act of ceived on January 23, 2002; to the Committee transmitting, pursuant to law, the report of 2001’’; to the Committee on Governmental on Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: Affairs. EC–5170. A communication from the Chair- EC–5149. A communication from the Pro- Boeing Model 7007–100, 100B, 300, and E3A; man of the Council of the District of Colum- gram Analyst of the Federal Aviation Ad- 727–100 and 200, 737–200, 200C, 300, 400, and 500; bia, transmitting, pursuant to law, a report ministration, Department of Transportation, 747SP and 747SR; 747–100b, 200B , 200C, 200F, on D.C. Act 14–205, ‘‘Health Care and Commu- transmitting, pursuant to law, the report of 300, 400, and 400D, 757–200 and 200 PF and 767– nity Residence Facility, Hospice and Home a rule entitled ‘‘Airworthiness Directives: 200, and 300 Series Airplanes’’ ((RIN2120– Care Licensure Penalties Temporary Amend- SOCATA-Groupe Aerospatiale Models TB 9, AA64)(2002–0005)) received on January 23, ment Act of 2001’’; to the Committee on Gov- 10, 20, 21, and TB 200 Airplanes’’ ((RIN2120– 2002; to the Committee on Commerce, ernmental Affairs. AA64)(2002–0006)) received on January 23, Science, and Transportation. EC–5171. A communication from the Chair- 2002; to the Committee on Commerce, EC–5159. A communication from the Pro- man of the Council of the District of Colum- Science, and Transportation. gram Analyst of the Federal Aviation Ad- bia, transmitting, pursuant to law, a report EC–5150. A communication from the Pro- ministration, Department of Transportation, on D.C. Act 14–203, ‘‘Procurement Practices gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Negotiated Pricing Amendment Act of 2001’’; ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: to the Committee on Governmental Affairs. transmitting, pursuant to law, the report of Boeing Model 767–200 Series Airplanes’’ EC–5172. A communication from the Chair- a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64)(2002–0016)) received on Janu- man of the Council of the District of Colum- McDonnell Douglas Model DC 8 Series Air- ary 23, 2002; to the Committee on Commerce, bia, transmitting, pursuant to law, a report planes’’ ((RIN2120–AA64)(2002–0013)) received Science, and Transportation. on D.C. Act 14–204, ‘‘Mechanic’s Lien Amend- on January 23, 2002; to the Committee on EC–5160. A communication from the Pro- ment Act of 2001’’; to the Committee on Gov- Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- ernmental Affairs. EC–5151. A communication from the Pro- ministration, Department of Transportation, EC–5173. A communication from the Chair- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of man of the Council of the District of Colum- ministration, Department of Transportation, a rule entitled ‘‘Airspace and Flight Oper- bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of ations Requirements for the 2002 Winter on D.C. Act 14–202, ‘‘Greater Southeast Com- a rule entitled ‘‘Airworthiness Directives: Olympic Games, Salt Lake City, UT’’ munity Hospital Corporation and Hadley Me- Dornier Luftfahrt GmbH Model 228–212 Air- (RIN2120–AH61) received on January 23, 2002; morial Hospital Tax Abatement Act of 2001’’; planes’’ ((RIN2120–AA64)(2002–0012)) received to the Committee on Commerce, Science, to the Committee on Governmental Affairs. on January 23, 2002; to the Committee on and Transportation. EC–5174. A communication from the Chair- Commerce, Science, and Transportation. EC–5161. A communication from the Chair- man of the Council of the District of Colum- EC–5152. A communication from the Pro- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report gram Analyst of the Federal Aviation Ad- bia, transmitting, pursuant to law, a report on D.C. Act 14–222, ‘‘Innocence Protection ministration, Department of Transportation, on D.C. Act 14–211, ‘‘Residential Permit Act of 2001’’; to the Committee on Govern- transmitting, pursuant to law, the report of Parking Area Temporary Amendment Act of mental Affairs. a rule entitled ‘‘Airworthiness Directives: 2001’’; to the Committee on Governmental EC–5175. A communication from the Chair- Bombardier Model DHC 8–100, 200, and 300 Affairs. man of the Council of the District of Colum- Airplanes’’ ((RIN2120–AA64)(2002–0008)) re- EC–5162. A communication from the Chair- bia, transmitting, pursuant to law, a report ceived on January 23, 2002; to the Committee man of the Council of the District of Colum- on D.C. Act 14–207, ‘‘Procurement Practices on Commerce, Science, and Transportation. bia, transmitting, pursuant to law, a report Small Purchase Temporary Amendment Act EC–5153. A communication from the Pro- on D.C. Act 14–224, ‘‘Special Signs Amend- of 2001’’; to the Committee on Governmental gram Analyst of the Federal Aviation Ad- ment Act of 2001’’; to the Committee on Gov- Affairs. ministration, Department of Transportation, ernmental Affairs. EC–5176. A communication from the Prin- transmitting, pursuant to law, the report of EC–5163. A communication from the Chair- cipal Deputy Associate Administrator of the a rule entitled ‘‘Airworthiness Directives: man of the Council of the District of Colum- Environmental Protection Agency, transmit- Airbus Model A319, A320, and A321 Series Air- bia, transmitting, pursuant to law, a report ting, pursuant to law, the report of a rule en- planes’’ ((RIN2120–AA64)(2002–0009)) received on D.C. Act 14–223, ‘‘Child and Family Serv- titled ‘‘Approval and Promulgation of State on January 23, 2002; to the Committee on ices Agency Licensure Exemption of Certain Plans for a Designated Facilities and Pollut- Commerce, Science, and Transportation. Court Personnel Amendment Act of 2001’’; to ants: Negative Declarations; Municipal EC–5154. A communication from the Pro- the Committee on Governmental Affairs. Waste Combustion; Arizona; California; Ha- gram Analyst of the Federal Aviation Ad- EC–5164. A communication from the Chair- waii; Nevada’’ (FRL7122–9) received on Janu- ministration, Department of Transportation, man of the Council of the District of Colum- ary 4, 2002; to the Committee on Environ- transmitting, pursuant to law, the report of bia, transmitting, pursuant to law, a report ment and Public Works. a rule entitled ‘‘Airworthiness Directives: on D.C. Act 14–212, ‘‘Homestead and Senior EC–5177. A communication from the Prin- Boeing Model 767 Series Airplanes Powered Citizen Real Property Tax Temporary Act of cipal Deputy Associate Administrator of the By Pratt and Whitney Model PW4000 Series 2001’’; to the Committee on Governmental Environmental Protection Agency, transmit- Engines’’ ((RIN2120–AA64)(2002–0010)) re- Affairs. ting, pursuant to law, the report of a rule en- ceived on January 23, 2002; to the Committee EC–5165. A communication from the Chair- titled ‘‘Regulation of Fuels and Fuel Addi- on Commerce, Science, and Transportation. man of the Council of the District of Colum- tives: Modification to Standards and Re- EC–5155. A communication from the Pro- bia, transmitting, pursuant to law, a report quirements for Reformulated and Conven- gram Analyst of the Federal Aviation Ad- on D.C. Act 14–213, ‘‘Make a Difference Tem- tional Gasoline’’ (FRL7122–5) received on ministration, Department of Transportation, porary Amendment Act of 2001’’; to the Com- January 4, 2002; to the Committee on Envi- transmitting, pursuant to law, the report of mittee on Governmental Affairs. ronment and Public Works. S100 CONGRESSIONAL RECORD — SENATE January 24, 2002 EC–5178. A communication from the Prin- EC–5188. A communication from the Prin- ADDITIONAL COSPONSORS cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the S. 145 Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- At the request of Mr. THURMOND, the titled ‘‘Correction to the California State titled ‘‘National Primary Drinking Water name of the Senator from Washington Implementation Plan’’ (FRL7122–8) received Regulations: Long Term Enhanced Surface (Ms. CANTWELL) was added as a cospon- on January 4, 2002; to the Committee on En- Water Treatment Rule’’ (FRL7124–2) received sor of S. 145, a bill to amend title 10, vironment and Public Works. on January 9, 2002; to the Committee on En- United States Code, to increase to par- EC–5179. A communication from the Prin- vironment and Public Works. ity with other surviving spouses the cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- f basic annuity that is provided under ting, a report entitled ‘‘Interim Final Deter- the uniformed services Survivor Ben- mination that State has Corrected the Defi- INTRODUCTION OF BILLS AND efit Plan for surviving spouses who are ciency’’; to the Committee on Environment JOINT RESOLUTIONS at least 62 years of age, and for other and Public Works. The following bills and joint resolu- purposes. EC–5180. A communication from the Prin- S. 822 cipal Deputy Associate Administrator of the tions were introduced, read the first Environmental Protection Agency, transmit- and second times by unanimous con- At the request of Mrs. MURRAY, the ting, a report entitled ‘‘Approval and Pro- sent, and referred as indicated: names of the Senator from Idaho (Mr. mulgation of State Implementation Plans; By Mr. HARKIN (for himself, Mr. SPEC- CRAPO) and the Senator from Oregon Inspection and Maintenance Program and TER, Mrs. BOXER, and Mr. REID): (Mr. WYDEN) were added as cosponsors Fuel Requirements: Alaska’’; to the Com- S. 1893. A bill to ban human cloning while of S. 822, a bill to amend the Internal mittee on Environment and Public Works. protecting stem sell research; to the Com- Revenue Code of 1986 to modify the EC–5181. A communication from the Prin- mittee on Health, Education, Labor, and treatment of bonds issues to acquire cipal Deputy Associate Administrator of the Pensions. Environmental Protection Agency, transmit- renewable resources on land subject to By Mr. GRAHAM (for himself and Mr. conservation easement. ting, pursuant to law, the report of a rule en- NELSON of Florida): titled ‘‘Revisions to the California State Im- S. 1894. A bill to direct the Secretary of the S. 978 plementation Plan, Mojave Desert Air Qual- Interior to conduct a special resource study At the request of Mr. CRAIG, the ity Management District’’ (FRL7118–1) re- to determine the national significance of the name of the Senator from Alaska (Mr. ceived on January 4, 2002; to the Committee Miami Circle site in the State of Florida as STEVENS) was added as a cosponsor of on Environment and Public Works. well as the suitability and feasibility of its EC–5182. A communication from the Prin- S. 978, a bill to provide for improved inclusion in the National Park System as cipal Deputy Associate Administrator of the management of, and increased account- part of Biscayne National Park, and for Environmental Protection Agency, transmit- ability for, outfitted activities by other purposes; to the Committee on Energy ting, pursuant to law, the report of a rule en- and Natural Resources. which the public gains access to and titled ‘‘Approval and Promulgation of State By Mr. FITZGERALD: occupancy and use of Federal land, and Plans; for Designated Facilities and Pollut- S. 1895. A bill to require investment advis- for other purposes. ants; State of Alabama, Georgia, Kentucky, ers to make prominent public disclosures of S. 1140 and South Carolina’’ (FRL7124–7) received on ties with companies being analyzed by them, January 4, 2002; to the Committee on Envi- At the request of Mr. HATCH, the and for other purposes; to the Committee on ronment and Public Works. name of the Senator from Rhode Island EC–5183. A communication from the Prin- Banking, Housing, and Urban Affairs. (Mr. CHAFEE) was added as a cosponsor cipal Deputy Associate Administrator of the By Mrs. BOXER: of S. 1140, a bill to amend chapter 1 of Environmental Protection Agency, transmit- S. 1896. A bill to prohibit accounting firms from providing management consulting serv- title 9, United States Code, to provide ting, pursuant to law, the report of a rule en- for greater fairness in the arbitration titled ‘‘Coal Mining Point Source Category; ices for the companies they audit and any Amendment to Effluent Limitations Guide- other non-audit related services that could process relating to motor vehicle fran- lines and New Source Performance Stand- result in a potential conflict of interest or chise contracts. ards’’ (FRL7125–4) received on January 4, otherwise impair the independence of the S. 1289 2002; to the Committee on Environment and auditor, and for other purposes; to the Com- At the request of Ms. SNOWE, the Public Works. mittee on Banking, Housing, and Urban Af- name of the Senator from Maine (Ms. fairs. EC–5184. A communication from the Prin- COLLINS) was added as a cosponsor of S. By Mrs. CARNAHAN (for herself and cipal Deputy Associate Administrator of the 1289, a bill to require the Secretary of Environmental Protection Agency, transmit- Mr. DAYTON): ting, pursuant to law, the report of a rule en- S. 1897. A bill to require disclosure of the the Navy to report changes in budget titled ‘‘Amendments to the Corrective Ac- sale of securities by an affiliate of the issuer and staffing that take place as a result tion Management Unit Rule’’ (FRL7124–3) re- of the securities to be made available to the of the regionalization program of the ceived on January 4, 2002; to the Committee Commission and to the public in electronic Navy. on Environment and Public Works. form, and for other purposes; to the Com- S. 1464 EC–5185. A communication from the Direc- mittee on Banking, Housing, and Urban Af- At the request of Mr. KERRY, the tor of the Fish and Wildlife Service, Depart- fairs. ment of the Interior, transmitting, pursuant name of the Senator from Alaska (Mr. to law, the report of a rule entitled ‘‘Endan- f MURKOWSKI) was added as a cosponsor of S. 1464, a bill to amend the Internal gered and Threatened Wildlife and Plants: SUBMISSION OF CONCURRENT AND Final Rule to Establish Two Additional Man- Revenue Code of 1986 to modify the def- SENATE RESOLUTIONS atee Protection Areas in Florida’’ (RIN1018– inition of rural airports for purposes of AH80) January 9, 2002; to the Committee on The following concurrent resolutions the air transportation tax. Environment and Public Works. and Senate resolutions were read, and EC–5186. A communication from the Acting S. 1552 Director of the Fish and Wildlife Service, referred (or acted upon), as indicated: At the request of Mr. HARKIN, the transmitting, pursuant to law, the report of By Mr. NELSON of Florida (for himself name of the Senator from Hawaii (Mr. a rule entitled ‘‘Endangered and Threatened and Mr. GRAHAM): INOUYE) was added as a cosponsor of S. Wildlife and Plants: Reclassification of S. Res. 201. A resolution commending the 1552, a bill to provide for grants Scutellaria montana (Large-Flowered Skull- University of Miami Hurricanes football through the Small business Adminis- team for winning the 2001 NCAA Division I– cap) from Endangered to Threatened’’ tration for losses suffered by general (RIN1018–AG07) received on January 9, 2002; A collegiate football national championship; to the Committee on Environment and Pub- considered and agreed to. aviation small business concerns as a lic Works. By Mr. WYDEN (for himself and Ms. result of the terrorist attacks of Sep- EC–5187. A communication from the Prin- COLLINS): tember 11, 2001. cipal Deputy Associate Administrator of the S. Con. Res. 94. A concurrent resolution ex- S. 1678 Environmental Protection Agency, transmit- pressing the sense of Congress that public At the request of Mr. MCCAIN, the ting, pursuant to law, the report of a rule en- awareness and education about the impor- name of the Senator from Mississippi titled ‘‘Approval of Section 112(1) Authority tance of health care coverage is of the ut- (Mr. COCHRAN) was added as a cospon- for Hazardous Air Pollutants; State of Vir- most priority and that a National Impor- ginia; Department of Environmental Qual- tance of Health Care Coverage Month should sor of S. 1678, a bill to amend the Inter- ity’’ (FRL7126–8) received on January 9, 2002; be established to promote that awareness nal Revenue Code of 1986 to provide to the Committee on Environment and Pub- and education; to the Committee on the Ju- that a member of the uniformed serv- lic Works. diciary. ices or the Foreign Service shall be January 24, 2002 CONGRESSIONAL RECORD — SENATE S101 treated as using a principal residence New buildings and facilities are being SEC. 3. ENHANCED DISCLOSURES BY INVEST- while away from home on qualified of- built daily adding to the cosmopolitan MENT ADVISERS. The Investment Advisers Act of 1940 (15 ficial extended duty in determining the and modern flavor of the city. How- U.S.C. 80b–1 et seq.) is amended by inserting exclusion of gain from the sale of such ever, while in the process of building after section 204A the following: residence. for the future, Miami has found a piece ‘‘PUBLIC DISCLOSURE OF TIES TO ISSUERS S. 1707 of its past, the Miami Circle. ‘‘SEC. 204B. (a) If an investment adviser At the request of Mr. JEFFORDS, the Discovered in 1998, the Miami Circle publishes any analysis or report regarding a name of the Senator from Louisiana is 38 feet in diameter and has been company or the securities of a company, the (Ms. LANDRIEU) was added as a cospon- carved into the underlying bedrock. investment adviser shall prominently dis- sor of S. 1707, a bill to amend title While its true purpose is unknown, it is close, in plain language— thought that the circle was used to ‘‘(1) the amount of any fees that the in- XVIII of the Social Security Act to vestment adviser, or person associated with specify the update for payments under support different types of structures. the investment adviser, has received from the medicare physician fee schedule for Along with the Circle, myriad other that company during the 3-year period pre- 2002 and to direct the Medicare Pay- ancient artifacts have been found at ceding the date of publication; ment Advisory Commission to conduct the site, making it a treasure trove of ‘‘(2) any merger or acquisition transaction a study on replacing the use of the sus- archaeological artifacts and a window handled by the investment adviser during tainable growth rate as a factor in de- into the history of the area. The true the 5-year period preceding the date of publi- termining such update in subsequent origin of this site has yet to be deter- cation that involves any debt or equity in- mined but it is widely believed it was struments of that company, including trans- years. actions that are concurrent with the publica- S. 1749 created by the Tequesta Indians. tion; At the request of Mr. KENNEDY, the This piece of Miami’s heritage is also ‘‘(3) any personal debt or equity holdings name of the Senator from South Da- part of Florida’s as well as the Na- that the investment adviser or person associ- kota (Mr. JOHNSON) was added as a co- tion’s. It is believed to be the only cut- ated with the investment adviser has in the sponsor of S. 1749, a bill to enhance the in-rock prehistoric structural footprint company; and border security of the United States, ever found in eastern North America. ‘‘(4) the extent to which the investment ad- It is and will be a valuable tool in un- viser or person associated with the invest- and for other purposes. ment adviser has debt or equity holdings in S. 1839 derstanding America’s indigenous peo- that company. At the request of Mr. ALLARD, the ples, their culture, and their techno- ‘‘(b) In this section, the term ‘publication’ name of the Senator from Alabama logical prowess. In fact, a recent dis- has the meaning given that term by regula- tion of the Commission, and includes— (Mr. SESSIONS) was added as a cospon- covery of a Tequesta burial grounds not far from the Miami Circle has ‘‘(1) any written description of the subject sor of S. 1839, a bill to amend the Bank company or the securities of that company Holding Company Act of 1956, and the made the Miami Circle an even more significant historical site. by the investment adviser; and Revised Statures of the United States ‘‘(2) to the extent practicable— to prohibit financial holding companies For these reasons, the site of the ‘‘(A) any public appearance by the invest- and national banks from engaging, di- Miami Circle needs to be preserved. ment adviser or person associated with the rectly or indirectly, in real estate bro- This legislation will set the preserva- investment adviser, such as participation in kerage or real estate management ac- tion process in motion by authorizing a a seminar or forum regarding the subject tivities, and for other purposes. feasibility study to be conducted to de- company or the securities of that company; ‘‘(B) participation by the investment ad- S. RES. 182 termine if Miami Circle should be pre- served as part of Biscayne National viser or person associated with the invest- At the request of Mrs. FEINSTEIN, the ment adviser in an interactive electronic dis- name of the Senator from Oregon (Mr. Park. This important piece of Amer- cussion group by the investment adviser re- WYDEN) was added as a cosponsor of S. ica’s heritage deserves the same pro- garding the subject company or the securi- Res. 182, a resolution expressing the tection that other American archae- ties of that company; and sense of the Senate that the United ological treasures enjoy. This study ‘‘(C) any radio or television interview of States should allocate significantly will help make that happen. the investment adviser or person associated with the investment adviser regarding the more resources to combat global pov- By Mr. FITZGERALD: subject company or the securities of that erty. S. 1895. A bill to require investment company.’’. S. CON. RES. 72 (b) COMMISSION REGULATIONS.—Not later advisers to make prominent public dis- At the request of Ms. LANDRIEU, the than 180 days after the date of enactment of closures of ties with companies being name of the Senator from New York this Act, the Securities and Exchange Com- analyzed by them, and for other pur- mission shall issue final regulations to carry (Mrs. CLINTON) was added as a cospon- poses; to the Committee on Banking, out section 204B of the Investment Advisers sor of S. Con. Res. 72, a concurrent res- Housing, and Urban Affairs. Act of 1940, as added by this section. olution expressing the sense of Con- (c) EFFECTIVE DATE.—Section 204B of the Mr. FITZGERALD. Mr. President, I gress that a commemorative postage Investment Advisers Act of 1940, as added by ask unanimous consent that the text of stamp should be issued honoring Mar- this Act, shall become effective on the date the bill be printed in the RECORD. tha Matilda Harper, and that the Citi- of issuance of final regulations under sub- section (b). zens’ Stamp Advisory Committee There being no objection, the bill was should recommend to the Postmaster ordered to be printed in the RECORD, as follows: By Mrs. BOXER: General that such a stamp be issued. S. 1896. A bill to prohibit accounting f S. 1895 firms from providing management con- Be it enacted by the Senate and House of Rep- sulting services for the companies they STATEMENTS ON INTRODUCED resentatives of the United States of America in audit and any other non-audit related BILLS AND JOINT RESOLUTIONS Congress assembled, services that could result in a potential By Mr. GRAHAM (for himself and SECTION 1. SHORT TITLE. conflict of interest or otherwise impair Mr. NELSON of Florida): This Act may be cited as the ‘‘Independent the independence of the auditor, and S. 1894. A bill to direct the Secretary Investment Advisers Act of 2002’’. for other purposes; to the Committee of the Interior to conduct a special re- SEC. 2. FINDINGS. on Banking, Housing, and Urban Af- source study to determine the national Congress finds that, in the decade pre- fairs. significance of the Miami Circle site in ceding the date of enactment of this Act— Mrs. BOXER. Mr. President, today, I the State of Florida as well as the suit- (1) events have raised concerns about the am introducing the Auditor Independ- ability and feasibility of its inclusion independence of the research conducted by ence Act of 2002. The Act directs the in the National Park System as part of investment advisers, particularly those who Securities and Exchange Commission, Biscayne National Park, and for other are affiliated with brokerage houses and in- vestment banking institutions; and SEC, to issue regulations prohibiting purposes; to the Committee on Energy (2) the number of class-action lawsuits al- accounting firms from providing man- and Natural Resources. leging conflicts of interest on the part of in- agement consulting services for the Mr. GRAHAM. Mr. President, the vestment advisers has increased dramati- companies they audit and barring ac- city of Miami is constantly changing. cally. counting firms from providing any S102 CONGRESSIONAL RECORD — SENATE January 24, 2002 other non-audit related services that companies they audit if they rely on tion, any company that maintains an could result in a potential conflict of those companies for lucrative con- internal company website would be re- interest. sulting fees. quired to post these disclosure forms Using the rule that former SEC I look forward to working with my on that website on the day of the trans- Chairman Arthur Levitt proposed in colleagues in the Senate to pass this action. 2000 as a model, my legislation removes bill quickly as a part of our larger leg- This single reform would dramati- the actual conflict of interest as well islative response to the Enron scandal. cally level the playing field between in- as the perception of a conflict of inter- siders and ordinary investors. Never est that results when an auditing firm By Mrs. CARNAHAN (for herself again would company executives be provides a client with consulting and and Mr. DAYTON): able to quietly dump large amounts of auditing services. S. 1897. A bill to require disclosure of company stock without facing imme- The scandal resulting from the rela- the sale of securities by an affiliate of diate scrutiny about the financial tionship between Enron and Arthur An- the issuer of the securities to be made health of their company. dersen is only one example of the over- available to the Commission and to the As I said, our capital markets are the due need for this reform. In November public in electronic form, and for other envy of the world. To continue to be 2001, Enron disclosed that it had over- purposes; to the Committee on Bank- worthy of that envy, we need to con- stated profits by more than $580 mil- ing, Housing, and Urban Affairs. stantly improve and modernize our sys- lion since 1997. That means that Enron Mrs. CARNAHAN. Mr. President, tem. The Fully Informed Investor Act lied to investors about its earnings and America has the most vibrant and dy- is an important aspect of that mod- the Arthur Andersen auditors failed to namic economy in the world. The foun- ernization. expose that lie in 1997, 1998, 1999, and dation of our economy is our capital f 2000. During each of those years, Ar- markets, which are robust and resil- STATEMENTS ON SUBMITTED thur Andersen worked as both auditor ient. But the success of these markets RESOLUTIONS and consultant to Enron. depends on the free flow of accurate, In 2000 alone, Enron paid Arthur An- reliable information. Our markets are dersen $27 million for its audit work the envy of the world, because of the SENATE RESOLUTION 201—COM- and paid the firm $28 million in man- confidence investors have in the pri- MENDING THE UNIVERSITY OF agement consulting fees. In auditing vate and public institutions that MIAMI HURRICANES FOOTBALL Enron, Arthur Andersen clearly made a produce, verify, and analyze this infor- TEAM FOR WINNING THE 2001 series of errors. It is reasonable to as- mation. NCAA DIVISION I–A COLLEGIATE sume that Arthur Andersen’s depend- The collapse of Enron, represents a FOOTBALL NATIONAL CHAM- ence on the consulting fees that it dramatic failure of these institutions. PIONSHIP charged Enron may have affected the Even sophisticated investors did not Mr. NELSON of Florida (for himself quality of their audit work. detect that Enron was in was in poor But the problem is not limited to Ar- financial condition. We need to create and Mr. GRAHAM) submitted the fol- thur Andersen. In a study analyzing greater transparency and an early lowing resolution; which was consid- the effects of accounting firms’ con- warning system so investors can better ered and agreed to: sulting business on the independence of protect themselves. S. Res. 201 their auditors, Stanford professor One warning sign that a company Whereas in 2001 the University of Miami Karen Nelson an her colleagues provide may be in trouble is when its execu- captured its fifth national title; tives are selling large amounts of com- Whereas the University of Miami is a mem- evidence showing that the provision of ber of the Big East Conference of the Na- non-audit services impairs an auditor’s pany stock, as occurred at Enron. I tional Collegiate Athletic Association Divi- independence. have learned, however, that informa- sion I–A and the Conference’s champion for The study used new data that has be- tion about insider sales of stock is not the second consecutive year; come available just since February easily accessible. Under our current Whereas the University of Miami’s 23-1 2001, when the SEC began requiring system, a company’s officers are re- record since the year 2000 is the best in Divi- corporations to disclose all audit and quired to file a disclosure form with sion I–A football; non-audit fees paid by a corporation to the Securities and Exchange Commis- Whereas in 2001 Head Coach Larry Coker its auditor. The study looked at the sion, (SEC), any time they sell securi- won the Bear Bryant Award naming him col- lege football Coach of the Year in his first ratio of non-audit versus audit reve- ties issued by their company. Tens of season; nues paid by a corporation to its audit- thousands of these forms are filed an- Whereas after leading the Hurricanes to ing firm. It found that over half of the nually. However, the vast majority of the national championship in 2001, Larry firms paid more for consulting services these forms are filed on paper, rather Coker became the first rookie coach to win a than audit services, and that over 95 than electronically. national championship since 1948; percent of firms purchase at least some The paper disclosure forms are not Whereas Edward Reed and Bryant non-audit services from their auditor. easily accessible to the public. People McKinnie were elected Consensus All-Ameri- The study also found that corpora- can see the disclosure forms at the cans; Public Reference Room of the SEC in Whereas offensive tackle Bryant McKinnie tions with the least independent audi- won the Outland Trophy, awarded to the Na- tors, those who paid the most in con- Washington, DC. Alternatively, people tion’s best collegiate interior lineman; sulting fees versus audit fees, are more can request in writing that the SEC Whereas offensive tackle Joaquin Gonzalez likely to just meet or beat earnings mail copies of the disclosure forms to was named the 2001 Vincent dePaul Draddy benchmarks, such as analysts’ expecta- them. Requests submitted in writing Award winner as the Nation’s top college tions and prior year earnings expecta- may take weeks to process. This is un- football scholar-athlete, becoming the Big tions, and to report large discretionary acceptable in the electronic age. East Conference’s first winner of the ‘‘Aca- earnings. This suggests more ‘‘earnings So today I am introducing legislation demic Heisman’’; that requires information about insider Whereas quarterback Ken Dorsey won the management’’, manipulation of debt Maxwell Award, presented each year to the and earnings data, went on among sales of publicly traded companies to College Player of the Year; companies in the sample that paid the be filed electronically on the day of the Whereas defensive back Edward Reed was highest proportion of management con- sale. The Fully Informed Investor Act named to numerous All-American teams, sulting fees to their auditors. We must mandates that disclosure forms re- leading the Nation with 9 interceptions; remove this conflict of interest from quired by the SEC be filed electroni- Whereas each player, coach, trainer, and the accounting business. cally whenever officers, directors or manager dedicated their time and effort to Public confidence in the integrity of other affiliates of the company sell ensuring the Hurricanes reached the pin- an accounting firm’s audit will depend shares of their company. The forms nacle of team achievement; Whereas the students, alumni, faculty, and now more than ever before on whether will be due at the SEC by the end of supporters of the University of Miami are to auditors are independent from the com- the day of the transaction. The SEC be congratulated for their commitment and panies that they audit. Auditors clear- would then make the forms available pride in the Hurricanes’ football program; ly cannot be independent from the to the public over the Internet. In addi- and January 24, 2002 CONGRESSIONAL RECORD — SENATE S103 Whereas their Division I–A national cham- of outreach, education, and accessible enroll- There still are far too many Americans pionships in 1983, 1987, 1989, 1991, and 2001, ment processes; without health insurance. An esti- make the University of Miami program Whereas studies have shown that many in- mated 42 million Americans do not among the most successful in college foot- dividuals and small businesses are unaware have health care coverage, including ball history: Now, therefore, be it of the various options they have for obtain- Resolved, that the Senate— ing affordable health care coverage; more than 150,000 people in Maine. (1) commends the University of Miami Hur- Whereas surveys have shown that many in- The simple fact is that people with ricanes football team for winning the 2001 dividuals who cite expense as the reason for health insurance are healthier than NCAA Division I–A collegiate football na- not purchasing insurance find insurance af- those who are uninsured. People with- tional championship; fordable once they are informed of the true out health insurance are less likely to (2) recognizes the achievements of all the cost of various options; and seek care when they need it, and to players, coaches, and support staff who were Whereas education about health care cov- forgo services such as periodic check- instrumental in helping the University of erage helps uninsured individuals and em- Miami win the 2001 NCAA Division I–A colle- ups and preventive services. As a con- ployers understand the critical value of sequence, they are more likely to be giate football national championship and in- health insurance as a preventive measure vites them to the United States Capitol and the ways to keep their health insurance hospitalized or require costly medical Building to be honored; premiums manageable once they have health attention for conditions that could be (3) requests that the President recognize care coverage: Now, therefore, be it preventable. Not only does this put the the accomplishments and achievements of Resolved by the Senate (the House of Rep- health of these individuals at greater the 2001 University of Miami football team resentatives concurring), That it is the sense risk, but it also puts additional pres- and invite them to Washington, D.C. for a of Congress that— sures on our hospitals and emergency White House ceremony for national cham- (1) a National Importance of Health Care rooms, which already are financially pionship teams; and Coverage Month be established to— (4) directs the Secretary of the Senate to (A) promote a multifaceted educational ef- challenged. Compared with people who make available enrolled copies of this resolu- fort about the importance of health care cov- have health coverage, uninsured adults tion to the University of Miami for appro- erage; are four times and uninsured children priate display and to transmit an enrolled (B) increase awareness of the many avail- five times more likely to use the emer- copy of the resolution to each coach and able health care coverage options; and gency room. The costs of care for these member of the 2001 NCAA Division I–A colle- (C) inform those eligible for public insur- individuals are often absorbed by pro- giate football national championship team. ance programs on ways to access those pro- viders and passed on to the covered f grams; and population through increased fees and (2) the President issue a proclamation call- SENATE CONCURRENT RESOLU- ing on the Federal Government, States, lo- insurance premiums. TION 94—EXPRESSING THE calities, citizens, and businesses of the This is one of the reasons that the SENSE OF CONGRESS THAT PUB- United States to conduct appropriate pro- cost of health insurance has soared in LIC AWARENESS AND EDU- grams, fairs, ceremonies, and activities to recent years. In Maine, employers, and CATION ABOUT THE IMPOR- promote this educational effort. in particular small employers, have TANCE OF HEALTH CARE COV- Mr. WYDEN. Mr. President, today I faced premium increases of 15 to 30 per- ERAGE IS OF THE UTMOST PRI- am submitting a resolution calling for cent or more. This is a remarkable con- ORITY AND THAT A NATIONAL the creation of ‘‘National Importance trast to the mid-to-late1990s, when IMPORTANCE OF HEALTH CARE of Health Care Coverage Month’’ to call health insurance premiums rose less COVERAGE MONTH SHOULD BE attention to the need for information than 3 percent, if at all. Clearly we ESTABLISHED TO PROMOTE about health care coverage options. I must do more to make health insur- THAT AWARENESS AND EDU- am joined in this effort by Senator ance more available and affordable. CATION COLLINS of Maine. Since most Americans get their health insurance through the work- Mr. WYDEN (for himself and Ms. A person’s physical and mental well- being are fundamental to his or her place, it is a common assumption that COLLINS) submitted the following con- people without health insurance are current resolution; to the Committee ability to learn, to work, and to con- unemployed. The fact is, however, that on the Judiciary. tribute to our society. For healthy communities, the health of our citizens most uninsured Americans are mem- S. CON. RES. 94 is vital. It is a fact that people who bers of families with at least one full- Whereas census estimates indicate that time worker. As many as 82 percent of some 42,000,000 people in the United States have health insurance have better are without health insurance coverage, many health; forty-four million Americans, Americans who do not have health in- of whom are among the most vulnerable and however, do not enjoy the protection of surance are in a family with a worker. can be financially devastated by serious ill- health care coverage. This resolution In Maine, small business is not just a ness, disease, or accident; calls for the promotion of a multi- segment of the economy, it is the econ- Whereas studies have shown that people faceted educational effort about the omy. I am therefore particularly con- with health insurance are healthier than importance of health care coverage; to cerned that uninsured, working Ameri- those who are uninsured and receive care increase awareness of the many health cans are most often employees of small through emergency rooms or safety net care coverage options already avail- businesses. Some 60 percent of unin- health care services, because the insured are sured workers are employed by small entitled to, and receive, more preventive able; and to inform those who are eligi- care, follow-up care, and care for chronic ble for public insurance programs on firms. Small businesses want to pro- conditions such as diabetes and high blood ways to access those programs. vide health insurance for their employ- pressure; This resolution alone will not provide ees, but the cost is often just too high. Whereas over 17,300,000 of the uninsured are insurance to the millions of Americans This is why I have introduced legisla- employed but are not offered health insur- who need it. However, it will draw tion with my colleague from Louisiana, ance through their employers; much-needed attention to an issue that Senator LANDRIEU, to help small em- Whereas such employers are small business touches every citizen in every state. ployers cope with rising costs. Our bill, owners who are often unaware of the benefits Ms. COLLINS. Mr. President, I am the Access to Affordable Health Care of offering health insurance, including that such benefits are tax deductible, reduce em- pleased to join with my colleague from Act, will provide new tax credits for ployee turnover, and reduce employee sick Oregon in submitting this concurrent small businesses to help make health days; resolution expressing the sense of Con- insurance more affordable. It will en- Whereas over 16,000,000 people in the gress that health care coverage is of courage those small businesses that do United States, more than 1⁄3 of the uninsured, the utmost importance and that a Na- not currently offer health insurance to are in families where at least 1 member of tional Importance of Health Care Cov- do and will help businesses that do the family has been offered employer based erage Month should be established to offer insurance to continue coverage health care coverage but has declined cov- promote awareness and education even in the face of rising costs. erage; While costs are clearly an problem, Whereas many individuals are eligible for about the importance of health insur- public assistance programs such as the State ance coverage. knowledge should not be an additional Children’s Health Insurance Program, known One of my top priorities in the Sen- barrier to health insurance access. as SCHIP, and the medicaid program, but are ate has been to expand access to afford- Public education and awareness initia- not currently enrolled due primarily to lack able health care for all Americans. tives are also critical to the success of S104 CONGRESSIONAL RECORD — SENATE January 24, 2002 our efforts to expand health coverage. Ms. LANDRIEU, Mr. BURNS, Mr. DURBIN, Mr. ‘‘(B) a qualified foster care placement Many small employers are not fully SESSIONS, Mr. DEWINE, Mr. THURMOND, Mr. agency.’’ aware of the laws that have already SHELBY, Mr. HAGEL, Mr. LUGAR, Mr. KEN- (c) QUALIFIED FOSTER CARE PLACEMENT AGENCY DEFINED.—Subsection (b) of section been enacted by both States and the NEDY, Mr. WARNER, Ms. COLLINS, Mr. HATCH, Mr. HELMS, Mr. ALLEN, Mr. KERRY, Mr. FITZ- 131 is amended by redesignating paragraph Federal Government to make this ben- GERALD, Mr. STEVENS, Mr. REID, Mr. MILLER, (3) as paragraph (4) and by inserting after efit more affordable. For example, in Mr. ROBERTS, Mr. BAYH, Mr. ENSIGN, Mr. paragraph (2) the following new paragraph: one recent survey, 57 percent of small BUNNING, Mr. CAMPBELL, Mr. NELSON, of Ne- ‘‘(3) QUALIFIED FOSTER CARE PLACEMENT employers did not know that they can braska, Mr. DODD, Mr. JEFFORDS, Mr. AGENCY.—The term ‘qualified foster care deduct 100 percent of their health in- BROWNBACK, Mr. BIDEN, Ms. STABENOW, and placement agency’ means any placement surance premiums as a business ex- Mr. COCHRAN) submitted an amendment in- agency which is licensed or certified by— pense. More than 60 percent did not tended to be proposed by him to the bill H.R. ‘‘(A) a State or political subdivision there- of, or know that insurers may not deny them 622, supra; which was ordered to lie on the table. ‘‘(B) an entity designated by a State or po- health coverage even when the health SA 2701. Mr. BAUCUS (for himself, Mr. litical subdivision thereof, status of their workers is poor. Small ENZI, Mr. REID, Mr. BURNS, Ms. LANDRIEU, for the foster care program of such State or businesses clearly need better informa- Mr. DORGAN, Mr. JOHNSON, and Mr. CONRAD) political subdivision to make foster care tion about health insurance, which is proposed an amendment to amendment SA payments to providers of foster care.’’ why public awareness, outreach and 2698 submitted by Mr. Daschle and intended (d) EFFECTIVE DATE.—The amendments education programs like the one this to be proposed to the bill (H.R. 622) supra. made by this section shall apply to taxable resolution is promoting are so impor- SA 2702. Mr. ALLEN submitted an amend- years beginning after December 31, 2001. ment intended to be proposed by him to the tant. bill H.R. 622, supra; which was ordered to lie SA 2700. Mr. MCCAIN (for himself, The same is true for our public pro- on the table. Mr. ALLARD, Mr. LIEBERMAN, Ms. grams. One of the first bills I cospon- SA 2703. Mr. BAUCUS submitted an amend- SNOWE, Mr. LEVIN, Mr. MURKOWSKI, Mr. sored as a Senator was legislation to ment intended to be proposed by him to the CLELAND, Mr. INHOFE, Ms. LANDRIEU, bill H.R. 622, supra; which was ordered to lie establish the State Children’s Health Mr. BURNS, Mr. DURBIN, Mr. SESSIONS, on the table. Insurance Program, which provides in- Mr. DEWINE, Mr. THURMOND, Mr. SHEL- surance for the children of low-income SA 2704. Mr. KERRY (for himself, Mr. LIEBERMAN, and Mr. KENNEDY) submitted an BY, Mr. HAGEL, Mr. LUGAR, Mr. KEN- parents who cannot afford health in- amendment intended to be proposed by him NEDY, Mr. WARNER, Ms. COLLINS, Mr. surance, yet make too much money to to the bill H.R. 622, supra; which was ordered HATCH, Mr. HELMS, Mr. ALLEN, Mr. qualify for Medicaid. This important to lie on the table. KERRY, Mr. FITZGERALD, Mr. STEVENS, program now provides affordable SA 2705. Mr. SMITH, of Oregon (for him- Mr. REID, Mr. MILLER, Mr. ROBERTS, self, Mr. ALLEN, Mr. CRAIG, Mr. BURNS, Mr. health insurance coverage to over two Mr. BAYH, Mr. ENSIGN, Mr. BUNNING, million children nationwide, including NICKLES, Mr. GRASSLEY, Mr. HUTCHINSON, and Mr. SMITH, of New Hampshire) proposed Mr. CAMPBELL, Mr. NELSON of Ne- over 10,000 in Maine’s Cub Care and ex- braska, Mr. DODD, Mr. JEFFORDS, Mr. panded Medicaid program. Even so, an amendment to amendment SA 2698 sub- mitted by Mr. Daschle and intended to be BROWNBACK, Mr. BIDEN, Ms. STABENOW, hundreds of thousands of qualified chil- proposed to the bill (H.R. 622) supra. and Mr. COCHRAN) submitted an amend- dren nationwide have yet to be enrolled SA 2706. Mr. BOND (for himself and Ms. ment intended to be proposed by him in this program, many because their COLLINS) submitted an amendment intended to the bill H.R. 622, to amend the Inter- parents simply don’t know that they to be proposed to amendment SA 2698 sub- nal Revenue Code of 1986 to expand the mitted by Mr. Daschle and intended to be are eligible for the assistance. adoption credit, and for other purposes; The resolution we are submitting proposed to the bill (H.R. 622) supra; which was ordered to lie on the table. which was ordered to lie on the table; today is simple. It expresses the sense as follows: of Congress that a National Importance SA 2707. Mr. KYL submitted an amend- ment intended to be proposed by him to the At the appropriate place insert the fol- of Health Care Coverage Month be es- bill H.R. 622, supra; which was ordered to lie lowing: tablished to promote a comprehensive on the table. SEC. ll. SPECIAL RULE FOR MEMBERS OF UNI- educational effort about the impor- SA 2708. Mr. SPECTER (for himself and FORMED SERVICES AND FOREIGN tance of health care coverage; increase Mr. SANTORUM) submitted an amendment in- SERVICE IN DETERMINING EXCLU- awareness of the available health care tended to be proposed by him to the bill H.R. SION OF GAIN ON SALE OF PRIN- coverage options; and inform those eli- 622, supra; which was ordered to lie on the CIPAL RESIDENCE. table. (a) IN GENERAL.—Section 121(d) (relating to gible for public insurance programs special rules) is amended by adding at the f about ways to access those programs. end the following: The resolution further calls on the TEXT OF AMENDMENTS ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND President to issue a proclamation call- FOREIGN SERVICE.— SA 2699. Mr. BUNNING submitted an ing on the federal government, States, ‘‘(A) IN GENERAL.—The running of the 5- amendment intended to be proposed by year period described in subsection (a) shall local governments and businesses in him to the bill H.R. 622, to amend the the United States to conduct appro- be suspended with respect to an individual Internal Revenue Code of 1986 to ex- during any time that such individual or such priate programs and activities to pro- pand the adoption credit, and for other individual’s spouse is serving on qualified of- mote this educational effort. purposes; which was ordered to lie on ficial extended duty as a member of a uni- The resolution we are submitting the table; as follows: formed service or of the Foreign Service. today will assist in our efforts to ex- At the end of title V add the following: ‘‘(B) QUALIFIED OFFICIAL EXTENDED DUTY.— pand access to affordable health care SEC. ll. EXCLUSION FOR FOSTER CARE PAY- For purposes of this paragraph— by helping small businesses, families MENTS TO APPLY TO PAYMENTS BY ‘‘(i) IN GENERAL.—The term ‘qualified offi- and uninsured individuals learn more QUALIFIED PLACEMENT AGENCIES. cial extended duty’ means any period of ex- about health insurance and the various (a) IN GENERAL.—The matter preceding tended duty during which the member of a options which may already be available subparagraph (B) of section 131(b)(1) (defin- uniformed service or the Foreign Service is under a call or order compelling such duty at to them, and I urge all of our col- ing qualified foster care payment) is amend- ed to read as follows: a duty station which is a least 50 miles from leagues to join us as cosponsors. ‘‘(1) IN GENERAL.—The term ‘qualified fos- the property described in subparagraph (A) f ter care payment’ means any payment made or compelling residence in Government fur- nished quarters while on such duty. AMENDMENTS SUBMITTED AND pursuant to a foster care program of a State or political subdivision thereof— ‘‘(ii) EXTENDED DUTY.—The term ‘extended PROPOSED ‘‘(A) which is paid by— duty’ means any period of active duty pursu- SA 2699. Mr. BUNNING submitted an ‘‘(i) a State or political subdivision there- ant to a call or order to such duty for a pe- amendment intended to be proposed by him of, or riod in excess of 90 days or for an indefinite to the bill H.R. 622, to amend the Internal ‘‘(ii) a qualified foster care placement period. Revenue Code of 1986 to expand the adoption agency, and’’. ‘‘(C) DEFINITIONS.—For purposes of this credit, and for other purposes; which was or- (b) QUALIFIED FOSTER INDIVIDUALS TO IN- paragraph— dered to lie on the table. CLUDE INDIVIDUALS PLACED BY QUALIFIED ‘‘(i) UNIFORMED SERVICE.—The term ‘uni- SA 2700. Mr. MCCAIN (for himself, Mr. AL- PLACEMENT AGENCIES.—Subparagraph (B) of formed service’ has the meaning given such LARD, Mr. LIEBERMAN, Ms. SNOWE, Mr. LEVIN, section 131(b)(2) (defining qualified foster in- term by section 101(a)(5) of title 10, United Mr. MURKOWSKI, Mr. CLELAND, Mr. INHOFE, dividual) is amended to read as follows: States Code. January 24, 2002 CONGRESSIONAL RECORD — SENATE S105

‘‘(ii) FOREIGN SERVICE OF THE UNITED pay the salaries and expenses of the Depart- purpose of maintaining public order, estab- STATES.—The term ‘member of the Foreign ment of Agriculture in carrying out this lishing and maintaining public safety, or re- Service’ has the meaning given the term title $50,000,000, to remain available until ex- sponding to medical emergencies. ‘member of the Service’ by paragraph (1), (2), pended. ‘‘(2) INITIAL RESPONSE.—The term ‘initial (3), (4), or (5) of section 103 of the Foreign (b) RECEIPT AND ACCEPTANCE.—The Sec- response’ means, with respect to any ter- Service Act of 1980.’’. retary shall be entitled to receive, shall ac- rorist attack zone, the period beginning with (b) EFFECTIVE DATE.—The amendment cept, and shall use to carry out this section the receipt of the first call for services de- made by this section shall apply to sales or the funds transferred under subsection (a), scribed in subsection (a) in such zone by an exchanges on or after the date of the enact- without further appropriation. entity described in paragraph (1) and ending ment of this Act. SEC. ll13. REGULATIONS. with the beginning of the recovery phase in (a) IN GENERAL.—The Secretary may pro- such zone as determined by the appropriate SA 2701. Mr. BAUCUS (for himself, mulgate such regulations as are necessary to official of the Federal Emergency Manage- Mr. ENZI, Mr. REID, Mr. BURNS, Ms. implement this title. ment Agency. LANDRIEU, Mr. DORGAN, Mr. JOHNSON, (b) PROCEDURE.—The promulgation of the ‘‘(2) TERRORIST ATTACK ZONE.— and Mr. CONRAD) proposed an amend- regulations and administration of this sub- ‘‘(A) IN GENERAL.—The term ‘terrorist at- ment to amendment SA 2698 submitted title shall be made without regard to— tack zone’ means any geographic area des- (1) the notice and comment provisions of ignated in an Executive order by the Presi- by Mr. DASCHLE and intended to be pro- section 553 of title 5, United States Code; dent, pursuant to a request by the chief exec- posed to the bill (H.R. 622) to amend (2) the Statement of Policy of the Sec- utive officer of the State in which such area the Internal Revenue Code of 1986 to retary of Agriculture effective July 24, 1971 is located to the appropriate official of the expand the adoption credit, and for (36 Fed. Reg. 13804), relating to notices of Federal Emergency Management Agency, to other purposes; as follows: proposed rulemaking and public participa- be an area in which— At the end add the following: tion in rulemaking; and ‘‘(i) a violent act or acts occurred which— (3) chapter 35 of title 44, United States ‘‘(I) were dangerous to human life and a TITLE ll—EMERGENCY AGRICULTURE Code (commonly known as the ‘‘Paperwork violation of the criminal laws of the United ASSISTANCE Reduction Act’’). States or of any State, and Subtitle A—Income Loss Assistance (c) CONGRESSIONAL REVIEW OF AGENCY ‘‘(II) would appear to be intended to in- SEC. ll01. INCOME LOSS ASSISTANCE. RULEMAKING.—In carrying out this section, timidate or coerce a civilian population, in- (a) IN GENERAL.—The Secretary of Agri- the Secretary shall use the authority pro- fluence the policy of a government by in- culture (referred to in this title as the ‘‘Sec- vided under section 808 of title 5, United timidation, or affect the conduct of a govern- retary’’) shall use $1,800,000,000 of funds of States Code. ment by assassination or kidnapping, and the Commodity Credit Corporation to make SEC. 14. EMERGENCY DESIGNATION. ‘‘(ii) as a direct result of such act or acts, emergency financial assistance available to The entire amount made available by each loss of life, injury, or significant damage to producers on a farm that have incurred of Subtitle A and Subtitle B— property or cost of response occurred. qualifying income losses in calendar year (1) shall be available only to the extent ‘‘(B) SIGNIFICANT DAMAGE TO PROPERTY OR 2001. that the President submits to Congress an COST OF RESPONSE.—For purposes of subpara- (b) ADMINISTRATION.—The Secretary shall official budget request for the amount that graph (A)(ii), damage to property or cost of make assistance available under this section includes designation of the entire amount of response with respect to any area is signifi- in the same manner as provided under sec- the request as an emergency requirement for cant if such damages or cost exceeds or will tion 815 of the Agriculture, Rural Develop- the purposes of the Balanced Budget and exceed $500,000. ment, Food and Drug Administration, and Emergency Deficit Control Act of 1985 (2 ‘‘(C) LIMITATION ON DESIGNATION.—An area Related Agencies Appropriations Act, 2001 U.S.C. 900 et seq.); and may not be designated as a terrorist attack (Public Law 105–277; 114 Stat. 1549A–55), in- (2) is designated by Congress as an emer- zone under subparagraph (A) if a negative cluding using the same loss thresholds for gency requirement under section 251(b)(2)(A) economic impact to such area was the sole the quantity and economic losses as were of the Balanced Budget and Emergency Def- result of the act or acts described in subpara- used in administering that section. icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). graph (A)(i). (c) USE OF FUNDS FOR CASH PAYMENTS.— ‘‘(3) COMPENSATION.—The term ‘compensa- The Secretary may use funds made available SA 2702. Mr. ALLEN submitted an tion’ does not include pensions and retire- under this section to make, in a manner con- amendment intended to be proposed by ment pay.’’. sistent with this section, cash payments not him to the bill H.R. 622, to amend the (b) CONFORMING AMENDMENTS.— for crop disasters, but for income loss to Internal Revenue Code of 1986 to ex- (1) Section 3401(a)(1) of the Internal Rev- carry out the purposes of this section. enue Code of 1986 is amended by inserting pand the adoption credit, and for other ‘‘or section 112A (relating to certain ter- SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. purposes; which was ordered to lie on rorist attack zone compensation of civilian (a) IN GENERAL.—The Secretary shall use the table; as follows: uniformed personnel)’’ after ‘‘United $500,000,000 of the funds of the Commodity At the appropriate place, insert the fol- States)’’. Credit Corporation to make and administer lowing: (2) The table of sections for part III of sub- payments for livestock losses to producers chapter B of chapter 1 of such Code is amend- for 2001 losses in a county that has received TITLE ll—TERRORIST RESPONSE TAX ed by inserting after the item relating to an emergency designation by the President EXEMPTION ACT section 112 the following new item: or the Secretary after January 1, 2001, of SECTION 1. SHORT TITLE. which $12,000,000 shall be made available for This title may be cited as the ‘‘Terrorist ‘‘Sec. 112A. Certain terrorist attack zone the American Indian livestock program Response Tax Exemption Act’’. compensation of civilian uni- under section 806 of the Agriculture, Rural SEC. 2. EXCLUSION OF CERTAIN TERRORIST AT- formed personnel.’’. Development, Food and Drug Administra- TACK ZONE COMPENSATION OF CI- (c) EFFECTIVE DATE.—The amendments tion, and Related Agencies Appropriations VILIAN UNIFORMED PERSONNEL. made by this section shall apply to taxable Act, 2001 (Public Law 105–277; 114 Stat. 1549A– (a) IN GENERAL.—Part III of subchapter B years ending on or after September 11, 2001. 51). of chapter 1 of the internal Revenue Code of (b) ADMINISTRATION.—The Secretary shall 1986 (relating to items specifically excluded SA 2703. Mr. BAUCUS submitted an make assistance available under this section from gross income) is amended by inserting amendment intended to be proposed by in the same manner as provided under sec- after section 112 the following new section: him to the bill H.R. 622, to amend the tion 806 of the Agriculture, Rural Develop- ‘‘SEC. 112A. CERTAIN TERRORIST ATTACK ZONE Internal Revenue Code of 1986 to ex- ment, Food and Drug Administration, and COMPENSATION OF CIVILIAN UNI- pand the adoption credit, and for other FORMED PERSONNEL. Related Agencies Appropriations Act, 2001 purposes; which was ordered to lie on (Public Law 105–277; 114 Stat. 1549A–51). ‘‘(a) IN GENERAL.—Gross income does not the table; as follows: Subtitle B—Administration include compensation received by a civilian uniformed employee for any month during At the appropriate place, insert the fol- SEC. ll11. COMMODITY CREDIT CORPORATION. any part of which such employee provides se- lowing: The Secretary shall use the funds, facili- curity, safety, fire management, or medical SEC. ll. FEDERAL–AID HIGHWAY PROGRAMS. ties, and authorities of the Commodity Cred- services during the initial response in a ter- (a) IN GENERAL.—Section 9503(c)(1) (relat- it Corporation to carry out this title. rorist attack zone. ing to expenditures from Highway Trust SEC. ll12. ADMINISTRATIVE EXPENSES. ‘‘(b) DEFINITIONS.—For purposes of this Fund) is amended— (a) IN GENERAL.—In addition to funds oth- section— (1) by striking ‘‘or’’ at the end of subpara- erwise available, not later than 30 days after ‘‘(1) CIVILIAN UNIFORMED EMPLOYEE.—The graph (D), the date of enactment of this Act, out of any term ‘civilian uniformed employee’ means (2) by striking the period at the end of sub- funds in the Treasury not otherwise appro- any nonmilitary individual employed by a paragraph (E) and inserting ‘‘, or’’, and priated, the Secretary of the Treasury shall Federal, State, or local government (or any (3) by inserting after subparagraph (E) the transfer to the Secretary of Agriculture to agency or instrumentality thereof) for the following new subparagraph: S106 CONGRESSIONAL RECORD — SENATE January 24, 2002 ‘‘(F) authorized under paragraph (6).’’. otherwise allowable as a depreciation deduc- September 10, 2001, and before September 11, (b) INCREASE IN OBLIGATION AUTHORITY.— tion under this chapter for such taxable year 2004. Section 9503(c) is amended by adding at the and any subsequent taxable year. ‘‘(ii) SALE-LEASEBACKS.—For purposes of end the following new paragraph.— ‘‘(2) QUALIFIED PROPERTY.—For purposes of subparagraph (A)(ii), if property— ‘‘(6) SPECIAL OBLIGATION AUTHORITY.—In ad- this subsection— ‘‘(I) is originally placed in service after dition to any obligation authority provided ‘‘(A) IN GENERAL.—The term ‘qualified September 10, 2001, by a person, and by any other law enacted before, on, or after property’ means property— ‘‘(II) sold and leased back by such person the date of the enactment of this paragraph, ‘‘(i)(I) to which this section applies which within 3 months after the date such property $5,000,000,000 in obligation authority shall be has a recovery period of 20 years or less or was originally placed in service, made available for fiscal year 2002 for obliga- which is water utility property, or such property shall be treated as originally tion of funds apportioned under section ‘‘(II) which is computer software (as de- placed in service not earlier than the date on 104(b) of title 23, United States Code (as in ef- fined in section 167(f)(1)(B)) for which a de- which such property is used under the lease- fect on the date of the enactment of this duction is allowable under section 167(a) back referred to in subclause (II). paragraph) and shall be distributed to each without regard to this subsection, ‘‘(E) COORDINATION WITH SECTION 280F.—For State in the same manner as calculated for ‘‘(ii) the original use of which commences purposes of section 280F— fiscal year 2002 under section 105(f) of such with the taxpayer after September 10, 2001, ‘‘(i) AUTOMOBILES.—In the case of a pas- title 23.’’. ‘‘(iii) which is— senger automobile (as defined in section (c) EFFECTIVE DATE.—The amendments ‘‘(I) acquired by the taxpayer after Sep- 280F(d)(5)) which is qualified property, the made by this section shall take effect on the tember 10, 2001, and before September 11, Secretary shall increase the limitation date of the enactment of this Act. 2004, but only if no written binding contract under section 280F(a)(1)(A)(i) by $4,600. for the acquisition was in effect before Sep- ‘‘(ii) LISTED PROPERTY.—The deduction al- SA 2704. Mr. KERRY (for himself, Mr. tember 11, 2001, or lowable under paragraph (1) shall be taken LIEBERMAN, and Mr. KENNEDY) sub- ‘‘(II) acquired by the taxpayer pursuant to into account in computing any recapture mitted an amendment intended to be a written binding contract which was en- amount under section 280F(b)(2).’’ proposed by him to the bill H.R. 622, to tered into after September 10, 2001, and be- (b) ALLOWANCE AGAINST ALTERNATIVE MIN- amend the Internal Revenue Code of fore September 11, 2004, and IMUM TAX.— 1986 to expand the adoption credit, and ‘‘(iv) which is placed in service by the tax- (1) IN GENERAL.—Section 56(a)(1)(A) of the for other purposes; which was ordered payer before January 1, 2005, or, in the case Internal Revenue Code of 1986 (relating to de- of property described in subparagraph (B), preciation adjustment for alternative min- to lie on the table; as follows: before January 1, 2006. imum tax) is amended by adding at the end At the appropriate place, insert the fol- ‘‘(B) CERTAIN PROPERTY HAVING LONGER the following new clause: lowing: PRODUCTION PERIODS TREATED AS QUALIFIED ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN SEC. . ALTERNATIVE MINIMUM TAX RELIEF PROPERTY.— PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001, WITH RESPECT TO INCENTIVE ‘‘(i) IN GENERAL.—The term ‘qualified prop- AND BEFORE SEPTEMBER 11, 2004.—The deduc- STOCK OPTIONS EXERCISED DUR- erty’ includes property— tion under section 168(k) shall be allowed.’’ ING 2000. ‘‘(I) which meets the requirements of (2) CONFORMING AMENDMENT.—Clause (i) of In the case of an incentive stock option (as clauses (i), (ii), and (iii) of subparagraph (A), section 56(a)(1)(A) of the Internal Revenue defined in section 422 of the Internal Rev- ‘‘(II) which has a recovery period of at Code of 1986 is amended by striking ‘‘clause enue Code of 1986) exercised during calendar least 10 years or is transportation property, (ii)’’ both places it appears and inserting year 2000, the amount taken into account and ‘‘clauses (ii) and (iii)’’. under section 56(b)(3) of such Code by reason ‘‘(III) which is subject to section 263A by (c) EFFECTIVE DATE.—The amendments of such exercise shall not exceed the amount reason of clause (ii) or (iii) of subsection made by this section shall apply to property that would have been taken into account if, (f)(1)(B) thereof. placed in service after September 10, 2001, in on the date of such exercise, the fair market ‘‘(ii) ONLY PRE-SEPTEMBER 11, 2004, BASIS ELI- taxable years ending after such date. value of the stock acquired pursuant to such GIBLE FOR ADDITIONAL ALLOWANCE.—In the option had been an amount equal to 150 per- case of property which is qualified property SA 2706. Mr. BOND (for himself and cent of its fair market value as of April 15, solely by reason of clause (i), paragraph (1) Ms. COLLINS) submitted an amendment 2001 (or, if such stock is sold or exchanged on shall apply only to the extent of the adjusted intended to be proposed to amendment or before such date, 150 percent of the basis thereof attributable to manufacture, amount realized on such sale or exchange). SA 2698 submitted by Mr. DASCHLE and construction, or production before Sep- intended to be proposed to the bill tember 11, 2004. (H.R. 622) to amend the Internal Rev- SA 2705. Mr. SMITH of Oregon (for ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- himself, Mr. ALLEN, Mr. CRAIG, Mr. poses of this subparagraph, the term ‘trans- enue Code of 1986 to expand the adop- BURNS, Mr. NICKLES, Mr. GRASSLEY, portation property’ means tangible personal tion credit, and for other purposes; Mr. HUTCHINSON, and Mr. SMITH of New property used in the trade or business of which was ordered to lie on the table; Hampshire) proposed an amendment to transporting persons or property. as follows: amendment SA 2698 submitted by Mr. ‘‘(C) EXCEPTIONS.— On page 16, after line 2 add the following ‘‘(i) ALTERNATIVE DEPRECIATION PROP- DASCHLE and intended to be proposed new section: ERTY.—The term ‘qualified property’ shall SEC. 202. TEMPORARY INCREASE IN EXPENSE to the bill (H.R. 622) to amend the In- not include any property to which the alter- ternal Revenue Code of 1986 to expand TREATMENT OF CERTAIN DEPRE- native depreciation system under subsection CIABLE BUSINESS ASSETS FOR the adoption credit, and for other pur- (g) applies, determined— SMALL BUSINESSES. poses; as follows: ‘‘(I) without regard to paragraph (7) of sub- (a) IN GENERAL.—The table contained in At the end of the bill, add the following: section (g) (relating to election to have sys- section 179(b)(1) (relating to dollar limita- SEC. ll. SPECIAL DEPRECIATION ALLOWANCE tem apply), and tion) is amended to read as follows: FOR CERTAIN PROPERTY ACQUIRED ‘‘(II) after application of section 280F(b) ‘‘If the taxable year The applicable AFTER SEPTEMBER 10, 2001, AND BE- (relating to listed property with limited begins in: amount is: FORE SEPTEMBER 11, 2004. business use). 2002 or 2003 ...... $40,000 (a) IN GENERAL.—Section 168 of the Inter- ‘‘(ii) ELECTION OUT.—If a taxpayer makes 2004 or thereafter ...... 25,000. nal Revenue Code of 1986 (relating to acceler- an election under this clause with respect to (b) TEMPORARY INCREASE IN AMOUNT OF ated cost recovery system) is amended by any class of property for any taxable year, PROPERTY TRIGGERING PHASEOUT OF MAX- adding at the end the following new sub- this subsection shall not apply to all prop- IMUM BENEFIT.—Paragraph (2) of section section: erty in such class placed in service during 179(b) is amended by inserting before the pe- ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN such taxable year. riod ‘‘($325,000 in the case of taxable years PROPERTY ACQUIRED AFTER SEPTEMBER 10, ‘‘(iii) QUALIFIED LEASEHOLD IMPROVEMENT beginning during 2002 or 2003)’’. 2001, AND BEFORE SEPTEMBER 11, 2004.— PROPERTY.—The term ‘qualified property’ (c) EFFECTIVE DATE.—The amendments ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of shall not include any qualified leasehold im- made by this section shall apply to taxable any qualified property— provement property (as defined in section years beginning after December 31, 2001. ‘‘(A) the depreciation deduction provided 168(e)(6)). by section 167(a) for the taxable year in ‘‘(D) SPECIAL RULES.— SA 2707. Mr. KYL submitted an which such property is placed in service shall ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the amendment intended to be proposed by include an allowance equal to 30 percent of case of a taxpayer manufacturing, con- him to the bill H.R. 622, to amend the the adjusted basis of the qualified property, structing, or producing property for the tax- and payer’s own use, the requirements of clause Internal Revenue Code of 1986 to ex- ‘‘(B) the adjusted basis of the qualified (iii) of subparagraph (A) shall be treated as pand the adoption credit, and for other property shall be reduced by the amount of met if the taxpayer begins manufacturing, purposes; which was ordered to lie on such deduction before computing the amount constructing, or producing the property after the table; as follows: January 24, 2002 CONGRESSIONAL RECORD — SENATE S107 At the end, add the following: (3) Section 25(e)(1)(C) of such Code, as weighting factors, rates, and wage indices by SEC. ll. PERSONAL TRAVEL CREDIT. amended by the Economic Growth and Tax April 1, 2002, in a manner that assures over- (a) IN GENERAL.—Subpart A of part IV of Relief Reconciliation Act of 2001, is amended all budget neutrality. subchapter A of chapter 1 of the Internal by inserting ‘‘25C,’’ after ‘‘25B,’’. f Revenue Code of 1986 (relating to nonrefund- (4) Section 25B of such Code, as added by able personal credits) is amended by insert- the Economic Growth and Tax Relief Rec- AUTHORITY FOR COMMITTEES TO ing after section 25B the following new sec- onciliation Act of 2001, is amended by strik- MEET ing ‘‘section 23’’ and inserting ‘‘sections 23 tion: COMMITTEE ON COMMERCE, SCIENCE, AND and 25C’’. ‘‘SEC. 25C. PERSONAL TRAVEL CREDIT. TRANSPORTATION ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (5) Section 26(a)(1) of such Code, as amend- ed by the Economic Growth and Tax Relief Mr. BREAUX. Mr. President, I ask an individual, there shall be allowed as a unanimous consent that the Com- credit against the tax imposed by this chap- Reconciliation Act of 2001, is amended by ter for the taxable year an amount equal to striking ‘‘and 25B’’ and inserting ‘‘25B, and mittee on Commerce, Science, and the qualified personal travel expenses which 25C’’. Transportation be authorized to meet are incurred and paid by the taxpayer on or (6) Section 1400C(d) of such Code is amend- on Thursday, January 24, 2002, at 9 after the date of the enactment of this sec- ed by inserting ‘‘and section 25C’’ after ‘‘this a.m., on the nomination of Dr. James tion and before the date which is 30 days section’’. Mahoney to be Assistant Secretary for after the date of such enactment. (7) Section 1400C(d) of such Code, as amend- Oceans and Atmosphere and Deputy ed by the Economic Growth and Tax Relief ‘‘(b) MAXIMUM CREDIT.—The credit allowed Administrator for the National Oceanic to a taxpayer under subsection (a) for any Reconciliation Act of 2001, is amended by taxable year shall not exceed $500 ($1,000, in striking ‘‘and 25B’’ and inserting ‘‘25B, and and Atmosphere Administration. the case of a joint return). 25C’’. The PRESIDING OFFICER. Without ‘‘(c) QUALIFIED PERSONAL TRAVEL EX- (8) The table of sections for subpart A of objection, it is so ordered. PENSES.—For purposes of this section— part IV of subchapter A of chapter 1 of such COMMITTEE ON COMMERCE, SCIENCE, AND ‘‘(1) IN GENERAL.—The term ‘qualified per- Code is amended by inserting before the item TRANSPORTATION sonal travel expenses’ means reasonable ex- relating to section 26 the following new item: Mr. BREAUX. Mr. President, I ask penses in connection with 1 qualifying per- ‘‘Sec. 25C. Personal travel credit.’’. unanimous consent that the Com- sonal trip away from the taxpayer’s resi- (c) EFFECTIVE DATE.—The amendments mittee on Commerce, Science, and dence for— made by this section shall apply to taxable ‘‘(A) travel by aircraft, rail, watercraft, or Transportation be authorized to meet years ending after the date of the enactment motor vehicle, and on Thursday, January 24, 2002, at 9:30 of this Act. ‘‘(B) lodging while away from home at any on national security, safety, tech- nology and employment implications commercial lodging facility. SA 2708. Mr. SPECTER (for himself of increasing the cafe standards. Such term does not include expenses for and Mr. SANTORUM) submitted an meals, entertainment, amusement, or recre- amendment intended to be proposed by The PRESIDING OFFICER. Without ation. him to the bill H.R. 622, to amend the objection, it is so ordered. ‘‘(2) QUALIFYING PERSONAL TRIP.— COMMITTEE ON ENVIRONMENT AND PUBLIC ‘‘(A) IN GENERAL.—The term ‘qualifying Internal Revenue Code of 1986 to ex- pand the adoption credit, and for other WORKS personal trip’ means travel within the Mr. BREAUX. Mr. President, I ask United States (including the Commonwealth purposes; which was ordered to lie on of Puerto Rico and the possessions of the the table; as follows: unanimous consent that the Com- mittee on Environment and Public United States)— At the end, add the following: Works be authorized to meet on Thurs- ‘‘(i) the farthest destination of which is at SEC. ll. TREATMENT OF CERTAIN COUNTIES least 100 miles from the taxpayer’s residence, FOR PURPOSES OF REIMBURSE- day, January 24, 2002, at 9:30 a.m., to ‘‘(ii) involves an overnight stay at a com- MENT UNDER THE MEDICARE PRO- conduct a hearing entitled, ‘‘Partner’s mercial lodging facility, and GRAM. for America’s Transportation Future.’’ ‘‘(iii) which is taken on or after the date of (a) RECLASSIFICATION OF CERTAIN PENNSYL- The hearing will focus on the lessons VANIA COUNTIES.— the enactment of this section. learned from TEA–21 and perspectives ‘‘(B) ONLY PERSONAL TRAVEL INCLUDED.— (1) IN GENERAL.—Notwithstanding any Such term shall not include travel if, with- other provision of law, subject to paragraph on reauthorization from the Federal, out regard to this section, any expenses in (3), effective for discharges occurring during State and local level. The hearing will connection with such travel are deductible in fiscal year 2002, for purposes of making pay- be held in SD–406. connection with a trade or business or activ- ments under subsections (d) and (j) of section The PRESIDING OFFICER. Without ity for the production of income. 1886 of the Social Security Act (42 U.S.C. objection, it is so ordered. ‘‘(3) COMMERCIAL LODGING FACILITY.—The 1395ww) to hospitals (including rehabilita- COMMITTEE ON ENVIRONMENT AND PUBLIC term ‘commercial lodging facility’ includes tion hospitals and rehabilitation units under WORKS such subsection (j))— any hotel, motel, resort, rooming house, or Mr. BREAUX. Mr. President, I ask campground. (A) in Columbia, Lackawanna, Luzerne, ‘‘(d) SPECIAL RULES.— Wyoming, and Lycoming Counties, Pennsyl- unanimous consent that the Com- ‘‘(1) DENIAL OF CREDIT TO DEPENDENTS.—No vania, such counties are deemed to be lo- mittee on Environment and Public credit shall be allowed under this section to cated in the Newburgh, New York-PA Metro- Works be authorized to meet on Thurs- any individual with respect to whom a de- politan Statistical Area; day, January 24, 2002, at 2:30 p.m., to duction under section 151 is allowable to an- (B) in Mercer County, Pennsylvania, such hear from the following nominees other taxpayer for a taxable year beginning county is deemed to be located in pending before the committee: Linda in the calendar year in which such individ- Youngston-Warren, Ohio Metropolitan Sta- Morrison Combs to be Chief Financial ual’s taxable year begins. tistical Area; and Officer of the Environmental Protec- ‘‘(2) EXPENSES MUST BE SUBSTANTIATED.— (C) in Northumberland County, Pennsyl- No credit shall be allowed by subsection (a) vania, such county is deemed to be located in tion Agency; J. Paul Gilman to be As- unless the taxpayer substantiates by ade- the Harrisburg-Lebanon-Carlisle, Pennsyl- sistant Administrator of the Environ- quate records or by sufficient evidence cor- vania Metropolitan Statistical Area. mental Protection Agency; and Morris roborating the taxpayer’s own statement the (2) RULES.—The reclassifications made X. Winn to be Assistant Administrator amount of the expenses described in sub- under paragraph (1) with respect to a sub- of the Environmental Protection Agen- section (c)(1). section (d) hospital shall be treated as a de- cy. The hearing will be held in SD–406. ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No de- cision of the Medicare Geographic Classifica- The PRESIDING OFFICER. Without duction shall be allowed under this chapter tion Review Board under paragraph (10) of objection, it is so ordered. for any expense for which credit is allowed section 1886(d) of the Social Security Act (42 under this section.’’. U.S.C. 1395ww(d)). COMMITTEE ON GOVERNMENTAL AFFAIRS (b) CONFORMING AMENDMENTS.— (3) LIMITATION ON APPLICATION DURING FIS- Mr. BREAUX. Mr. President, I ask (1) Section 24(b)(3)(B) of the Internal Rev- CAL YEAR 2002.—With respect to fiscal year unanimous consent that the Com- enue Code of 1986, as added and amended by 2002, this subsection shall apply only to dis- mittee on Governmental Affairs be au- the Economic Growth and Tax Relief Rec- charges occurring on and after April 1, 2002. thorized to meet on Thursday, January onciliation Act of 2001, is amended by strik- (b) IMPLEMENTATION OF PROVISIONS.—The 24, 2002, at 10 a.m., to hold a hearing ing ‘‘23 and 25B’’ and inserting ‘‘23, 25B, and Secretary of Health and Human Services 25C’’. shall implement the provisions of subsection entitled ‘‘The Fall of Enron: How Could (2) Section 25(e)(1)(C) of such Code is (a) by program memorandum. In imple- It Have Happened?’’ amended by striking ‘‘23 and 1400C’’ and by menting such provisions, the Secretary shall The PRESIDING OFFICER. Without inserting ‘‘23, 25C, and 1400C’’. recalculate new standardized amounts, objection, it is so ordered. S108 CONGRESSIONAL RECORD — SENATE January 24, 2002 COMMITTEE ON HEALTH, EDUCATION, LABOR, The Public Records office will be tional champions and becoming the AND PENSIONS open from 8 a.m. to 6 p.m. on the filing first rookie coach to do so since 1948. Mr. BREAUX. Mr. President, I ask date to accept these filings. For further For his efforts, dedication and success, unanimous consent that the Com- information, please contact the Public he was awarded the Bear Bryant Award mittee on Health, Education, Labor, Records office at (202) 224–0322. as the college football Coach of the and Pensions be authorized to meet for f Year. a hearing on Early Learning: Investing The University of Miami program is NOTICE—2001 YEAR END REPORT In Our Children, Investing In Our Fu- a meaningful example for all Ameri- ture, during the session of the Senate The mailing and filing date of the cans of determination, perseverance on Thursday, January 24, 2002, 9:45 a.m. 2001 Year End Report required by the and excellence, and I want to extend The PRESIDING OFFICER. Without Federal Election Campaign Act, as my appreciation to every member of objection, it is so ordered. amended, is Thursday, January 31, 2002. this team that contributed to the Hur- COMMITTEE ON THE JUDICIARY Principal campaign committees sup- ricanes’ victory. Mr. BREAUX. Mr. President, I ask porting Senate candidates file their re- I ask unanimous consent that the unanimous consent that the Com- ports with the Senate Office of Public full roster of this championship team, mittee on the Judiciary be authorized Records, 232 Hart Building, Wash- and their first-rate coaching staff be to meet to conduct a hearing on ‘‘Judi- ington, DC 20510–7116. printed in the RECORD. They have made cial Nominations’’ on Thursday, Janu- The Public Records office will be us very proud. ary 24, 2002, at 2 p.m., in Dirksen Room open from 8 a.m. to 6 p.m. on the filing There being no objection, the mate- 226. date to accept these filings. For further rial was ordered to be printed in the information, please contact the Public TENTATIVE WITNESS LIST RECORD, as follows: Records office at (202) 224–0322. Panel I: The Honorable Charles E. UNIVERSITY OF MIAMI HURRICANES TEAM Grassley; the Honorable Tom D. Har- f ROSTER kin; the Honorable John B. Breaux; the COMMENDING THE UNIVERSITY OF 1. Daryl Jones. Honorable Ben Nighthorse Campbell; MIAMI HURRICANES FOOTBALL 2. Willis McGahee. the Honorable Jon Kyl; the Honorable TEAM 3. Jason Geathers. Wayne Allard; the Honorable Mary L. 4. Najeh Davenport. Mr. REID. Mr. President, I ask unan- 5. Andre Johnson. Landrieu; and the Honorable Eleanor imous consent the Senate proceed to S. 6. Antrel Rolle. Holmes Norton. Res. 201 introduced earlier today by 7. Ethenic Sands. Panel II: Michael Melloy to the U.S. Senators NELSON of Florida and 8. Mike Rumph. Court of Appeals for the Eighth Cir- GRAHAM of Florida. 9. Kevin Beard. cuit. The PRESIDING OFFICER. The 11. Ken Dorsey. Panel III: Robert Blackburn to be 12. Jair Clarke. clerk will report the resolution by 12. Nate Smith. U.S. District Court Judge for the Dis- title. trict of Colorado; James Gritzner to be 13. Freddie Capshaw. The legislative clerk read as follows: 15. Buck Ortega. U.S. District Court Judge for the A resolution (S. Res. 201) commending the 15. Dan Lundy. Southern District of Iowa; Cindy Jor- University of Miami Hurricanes football 16. Todd Sievers. genson to be U.S. District Court Judge team for winning the 2001 NCAA division I–A 17. D.J. Williams. for the District of Arizona; Richard collegiate football national championship. 18. Derrick Crudup. Leon to be U.S. District Court Judge There being no objection, the Senate 19. Troy Prasek. for the District of Columbia; and Jay 20. Edward Reed. proceeded to consider the resolution. 21. Jermell Weaver. Zainey to be U.S. District Court Judge Mr. NELSON of Florida. Mr. Presi- for the Eastern District of Louisiana. 22. Kelly Jennings. dent, I rise today to note the accom- 23. James Lewis. The PRESIDING OFFICER. Without plishment of the University of Miami 24. Marcus Maxey. objection, it is so ordered. Hurricanes football team, who on Jan- 25. Alfonso Marshall. f uary 3, 2002 won the NCAA Division I– 26. Sean Taylor. A football championship, defeating the 27. Markese Fitzgerald. PRIVILEGES OF THE FLOOR University of Nebraska Cornhuskers in 28. Clinton Portis. 29. James Scott. Mr. GRASSLEY. Mr. President, I ask the 88th Rose Bowl game. unanimous consent that Chuck McFad- 30. Alex Duk. It was an exciting and memorable 30. Jeff Malley. den, a legislative fellow on the Finance game, pitting two of college football’s 31. Phillip Buchanon. Committee, be afforded floor privileges elite programs in the ‘‘Granddaddy of 32. Frank Gore. during the duration of the debate on Them All’’. Ultimately, the Hurricanes 33. Mark Gent. the economic stimulus bill. won 37–14, capping an extraordinary 34. Jarrett Payton. The PRESIDING OFFICER. Without season with their 5th national cham- 35. Quadtrine Hill. objection, it is so ordered. pionship all since 1983. 36. Maurice Sikes. Mr. GRAMM. Mr. President, I ask Along with students, alumni and fans 37. Jean Leone. unanimous consent that a member of 38. Carl Walker. from across the country, the State of 39. LaVaar Scott. the staff of the chairman of the Fi- Florida has become accustomed to 40. Kyle Cobia. nance Committee, Christy Mistr, be great teams and a rich history of colle- 41. Frank Bayless. granted the privilege of the floor. giate football success. While the future 43. Jarvis Gray. The PRESIDING OFFICER. Without of Florida football is sure to yield 44. Leon Williams. objection, it is so ordered. many more great teams and great bat- 45. Howard Clark. 46. Michael Langley. f tles, today I want to congratulate the University of Miami for their latest 47. Ken Dangerfield. 48. Chris Campbell. NOTICE—REGISTRATION OF MASS triumph, which truly was a team ef- MAILINGS 49. Darrell McClover. fort. 50. Roger McIntosh. The filing date for 2001 fourth quarter Led by Consensus All-Americans Bry- 51. Jonathan Vilma. mass mailings is January 25, 2002. If ant McKinnie and Edward Reed, as well 52. Tariq Vlaun. your office did no mass mailings during as Joaquin Gonzalez who was named 52. Steve Adzima. this period, please submit a form that the nation’s top college football schol- 53. James Sikora. states ‘‘none.’’ ar-athlete, the Hurricanes showed that 54. Alex Garcia. Mass mailing registrations, or nega- individual achievement, well-rounded 55. Jamaal Green. 56. Santonio Thomas. tive reports, should be submitted to student leadership and team spirit add 57. Javon Nanton. the Senate Office of Public Records, 232 up to success both on and off the field. 58. Jarrell Weaver. Hart Building, Washington, DC 20510– Head Coach Larry Coker has much to 59. Brad Kunz. 7116. be proud of, molding this team into na- 60. Vernon Carey. January 24, 2002 CONGRESSIONAL RECORD — SENATE S109 61. Tony Tella. Randy Shannon, Defensive Coordinator. completes its business today, it ad- 62. Chris Harvey. Rob Chudzinski, Offensive Coordinator/ journ until the hour of 10 a.m., Friday, 63. Scott Puckett. Tight Ends. January 25; that following the prayer 64. Rashad Butler. Vernon Hargreaves, Linebackers. and pledge, the Journal of proceeding 65. Martin Bibla. Curtis Johnson, Wide Receivers. 66. Brett Romberg. Art Keheo, Offense Line. be approved to date, the morning hour 67. Joe McGrath. Greg Mark, Defensive Line. be deemed expired, and the time for the 68. Joe Fantigrassi. Don Soldinger, Running Backs/Special two leaders be reserved for their use 69. Kyle Morgan. Teams. later in the day. 70. Joel Rodriguez. Mark Stoops, Defensive Backs. The PRESIDING OFFICER. Without 71. Jim Wilson. Andrew Swasey, Head Strengths & Condi- objection, it is so ordered. 72. Ed Wilkins. tioning. 73. Joaquin Gonzalez. Dan Werner, Quarterbacks. f 74. Sherko Haji-Rasouli. Jeff Merk, Director of Football Operations/ 75. Vince Wilfork. Academic Advisor. PROGRAM 76. Carlos Joseph. Frank Giufre, Graduate Assistant Coach. Mr. REID. Mr. President, under the 77. Chris Myers. Rod Holder, Graduate Assistant Coach. previous consent agreement, the next 78. Bryant McKinnie. Mr. REID. Mr. President, I ask unan- rollcall vote will be in relation to the 79. Robert Bergman. imous consent that the resolution and 80. Robert Williams. Smith of Oregon amendment at 10:30 the preamble be agreed to en bloc, and tomorrow morning. Additional rollcall 81. Kellen Winslow II. the motion to reconsider be laid on the 82. David Williams. votes are expected throughout the day. 83. Aaron Greeno. table, with no intervening action or de- We will have the two executive nomi- 85. Ennis Crafton. bate, and that any statements relating nations that have been previously 84. Roscoe Parrish. to this matter be printed in the agreed to by virtual unanimous con- 86. Brandon Sebald. RECORD. sent agreement. 88. Jeremy Shockey. The PRESIDING OFFICER. Without 90. Thomas Carroll. objection, it is so ordered. f 91. Matt Walters. The resolution (S. 201) was agreed to. 92. Orien Harris. ADJOURNMENT UNTIL 10 A.M. The preamble was agreed to. 93. John Square. TOMORROW 94. William Joseph. (The resolution, with its preamble, is 95. Jerome McDougle. printed in today’s RECORD under ‘‘Sub- Mr. REID. Mr. President, if there is 96. Miguel Robede. mitted Resolutions.’’) no further business to come before the 97. Larry Anderson. f Senate, I ask unanimous consent that 98. Cornelius Green. the Senate stand in adjournment under 99. Andrew Williams. ORDERS FOR FRIDAY, JANUARY the previous order. 2001 UNIVERSITY OF MIAMI HURRICANES 25, 2002 There being no objection, the Senate, COACHES AND STAFF Mr. REID. Mr. President, I ask unan- at 6:21 p.m., adjourned until Friday, Larry Coker, Head Coach. imous consent that when the Senate January 25, 2002 at 10 a.m.