Mr. President, a couple of comments on the McCain proposal that several people are putting together. I have looked at it. I still need to study it a little more. But on the surface, it is a responsible, balanced proposal. That group needs…
Mr. President, a couple of comments on the McCain proposal that several people are putting together. I have looked at it. I still need to study it a little more. But on the surface, it is a responsible, balanced proposal. That group needs to be congratulated for putting such a proposal together.
I rise because the most deliberative body in the world is facing a moment of great challenge but also great possibility. We should all feel the grave responsibility weighing on each of us as we debate this bill. If we pass legislation that truly stimulates the economy, it could carry this Nation to new levels of growth and prosperity. Unfortunately, if we pass a bloated spending bill with little chance of jump-starting the economy, we could delay this country's financial recovery for many years to come.
While there isn't a crystal ball to show us what path will bring us to the ultimate goal, we are not without some guidance. Winston Churchill once said: Those who fail to learn from history are doomed to repeat it. We have several examples from which to learn. We will heed those lessons if we absolutely want to raise this Nation from the economic quicksand that is swallowing it up more and more each day.
The Great Depression is a chapter of history that fewer and fewer Americans can recall firsthand. Maybe that is why the circumstances are so widely misunderstood today. It has been said that today's economic crisis is the result of a perfect storm. Well, the Great Depression was many perfect storms.
Herbert Hoover, a Republican, did not sit on the side lines, as many people believe, when Black Thursday and Black Tuesday struck in 1929. He was actually a big government interventionist. Working with Congress, he raised taxes. He enacted protectionist laws by raising U.S. tariffs. Senator McCain referred to these as the Smoot-Hawley Tariff Act. He pushed all levels of government to invest in infrastructure and expand public works projects.
When Franklin Roosevelt took office in 1932, he created great momentum by earning the confidence of the American people. But his New Deal sent this Nation into an even deeper economic depression. In the late 1930s, there was a ``Depression within the Depression.'' The stock market did not return to 1929 levels for 25 years.
While World War II pulled us out of the Great Depression, there were still tremendous sacrifices being made by all Americans. Some have argued that the spending of the New Deal was not aggressive enough. I couldn't disagree more. On some levels, we are still paying for the projects that began with the New Deal.
The single biggest failure of the response to the Great Depression is that the private sector was not encouraged to grow this country out of its financial crisis. In fact, by injecting so much money into the Government programs, FDR created a competitor to the private sector. This was a match between David, the private sector, and Goliath, the Government monster. This time, unfortunately, Goliath won. We know that the policies of the New Deal
actually prolonged the Nation's financial hardships. After all, the depression lasted 10 years. Do we want to be in this kind of an economic recession for 10 years?
More recently, we have learned from Japan's failed efforts to spend its way out of a recession. Japan passed stimulus bills for 10 straight years during the 1990s. They wasted money on unnecessary projects while letting insolvent banks be supported with Government money. Does that sound familiar? What did that get them? Unmanageable, debilitating debt, and a decade of rising unemployment.
We cannot afford to ignore the lessons of history. The responsibility facing us during this crisis cannot be overstated. We are bound by the Constitution that empowers us to collect taxes, borrow money, regulate commerce, and provide for the general welfare. We, however, are also bound by the responsibility to future generations of Americans. To burden our children and grandchildren with the kind of debt we are talking about today should give each of us reason to pause and consider the ramifications.
There is no doubt that the crisis facing the financial markets, the housing sector, and families will require extraordinary measures. There is perhaps no better illustration of the grave challenges facing the Nation than that of the State of Nevada. At one time, people thought we were recession proof. When Americans buckle down on spending, a vacation to Las Vegas is no longer in the cards. Jobs are lost, homes are foreclosed, and it becomes harder to ignore the half-finished construction projects across southern Nevada.
Here in the Senate, we are among the few Americans with at least some level of job security--that is, of course, until the next election. Most Americans are living day to day, waiting to hear what new massive layoff will be announced and if it will hit them or someone in their family. It is a terrible feeling to have that much uncertainty in your life.
The calls and e-mails I have received from constituents are heartbreaking. These are good citizens who have worked hard, saved well, and contributed to their communities. They now find themselves in a place of desperation.
Mrs. Louise Cutler has lived in Clark County, NV, for more than 17 years. Her husband and two grown children who have degrees are unemployed. Louise lost her job with a mortgage company more than a year ago. She is back at work now making about $20,000 less than before. She has student loans to pay, has lost $120,000 dollars in the value of her home, and she wants to know how we are going to help her.
My constituents--all of our constituents--are looking to us for leadership and solutions.
I believe we need to stimulate our economy immediately. Government has a role to play here. The question is, How do we leverage our resources-paid for on the backs of struggling taxpayers--as efficiently as possible in order to stabilize our economy and grow it in the future?
I believe we need to start with the root of the problem. My training in veterinary medicine taught me that you don't use a Band-Aid to treat a massive puncture wound. Ignoring that problem to treat superficial injuries does not help the patient survive. The economy is very much our collective patient. It would ensure greater catastrophe to put a Band-Aid on an initial wound that started this downward spiral--and that is the housing crisis. Unfortunately, the housing market is barely addressed in this so-called stimulus bill. Most Americans would say it is the first thing we need to heal. If we make mortgages more manageable, people can stay in their homes and our economy can begin to rebuild.
One proposal I have--a guaranteed 4-percent, 30-year fixed rate mortgage for Americans would go a long way to ease pressure on family budgets. On average, more than 40 million creditworthy homeowners would save more than $400 per month. That makes a huge difference to most families, and it would target the problem of oversupply in the housing market, something we cannot ignore. This is like a permanent tax cut which economists believe is the best stimulus for our economy, not just a 1-year tax rebate.
Another proposal that goes a long way to fixing the housing situation is one from Senator Isakson. It expands the current homeowner tax credit to $15,000 and covers all property and all home buyers, not just first-time home buyers. This would give a big boost to housing markets across the country.
So what else works? Limited spending that makes our economy more efficient as well as tax relief that provides businesses and companies the additional capital to retain and hire more employees. This will help to increase their output and compete into the future. That spending and tax relief needs to happen soon--not next year or two years down the road. American families cannot wait that long.
I think we all must be prepared to make a sizable investment in order to ensure a swift and successful recovery. Unfortunately, the bill before us does not do that. Instead, it spends money on programs that cannot and will not aid that recovery. While Pell grants, Head Start, and the National Endowment for the Arts may be worthwhile projects in their own right, putting billions of dollars into them will not stimulate the economy. I have fought for Head Start for years, but I do not think it should be considered immediate stimulus.
The bill before us simply does not qualify as an economic stimulus bill, and there is nothing immediate about it either. It is a laundry list of spending priorities with a token of tax relief. We need a true economic stimulus bill that efficiently spends money on projects that will make our highways and infrastructure better equipped as a conduit for business. We need meaningful tax relief that will spawn a new generation of growth and success in the private sector.
Instead, half of the so-called tax portion of this bill is just creative spending dressed up as tax relief. It gives tax relief to people who do not even pay income taxes. How are we relieving their tax burden if they do not have one?
In actuality, only $21 billion of this trillion-plus dollar spending bill goes to small businesses, the engine of our economy. That equals less than three percent of this monstrous bill. This is supposed to be an economic stimulus bill to create jobs and drive growth, but less than three percent is dedicated to tax relief for small businesses which is where 80 percent of the jobs in the United States are created. How do we expect to stimulate the economy that way? That goes to show you how little input Republicans actually had in this process. I hope that will change.
President Obama came to the Hill last week with a message of bipartisan cooperation. I have reached out to my Democratic colleagues on several tax relief measures that they agree would give a much needed boost to our economy. I hope these proposals have the opportunity to be voted on by all of my Senate colleagues so together we can witness an economic revival.
The first is a plan that I am very familiar with. I worked with Senator Barbara Boxer to get it enacted into law several years ago. We called it the Invest in the USA Act, and it lived up to its name. It brought $360 billion back into the United States in 2005 and helped to retain or create more than 2 million jobs. It also produced more than $34 billion in various tax revenues. History has proven that reducing the tax rate U.S. businesses pay to return money they made overseas provides a tremendous return. One great example comes from California- based Oracle. They used repatriated earnings to defeat a German company in acquiring a U.S.-based retail software firm. This purchase allowed Oracle to keep those jobs and intellectual property in the United States. Oracle has since grown its facilities in Georgia and Minnesota by several hundred jobs.
Right now I am working with Senator Barbara Boxer to add an updated version of this legislation to the stimulus package. Right now, the foreign subsidiaries of many U.S. companies are faring well overseas. Competitive tax structures make it beneficial for those companies to keep their money overseas. If they wanted to return the money to the United States, the companies would have to pay up to a 35-percent tax rate. That is not much of an incentive to bring income earned overseas back to the United States.
The proposal Senator Boxer and I have put forward gives businesses the
temporary relief they need. Instead of paying a 35-percent tax, they will only pay a 5.25 percent tax if they bring the money back in the next 12 months. These funds must be used for capital investment, job creation and training, research and development, or U.S. debt reduction. Some economists predict that this time around, the legislation would inject as much as $565 billion back into the United States economy.
This legislation is critical in order to get this country going again. It puts capital back into U.S. banks which can then loan that money to people and get the economy going again. Another proposal that I introduced--and I thank the chairman of the Finance Committee for working with us on a compromise--deals with the cancellation of indebtedness. My proposal would allow businesses to buy back their debt in 2009 or 2010 without high tax consequences. It would help firms deleverage and also give financial firms that hold debt more liquidity. Here is how my bill works. Under current law, if a company purchases its own debt at a discount, it is required to pay income tax on the amount of the discount. If a business owes $1 million but negotiates a discounted amount to its lender--say $750,000 so that it does not default--it would have to pay taxes on the $250,000 difference.
Well, a lot of companies are strapped for cash and have a large amount of debt. They cannot afford to pay taxes on the difference. Instead of paying that tax, we are going to delay that for 5 years. They would then have an additional 5 years to be able to pay the taxes. This is going to help small and large businesses across the United States. I believe this proposal is going to help improve the debt situation of many companies in the United States. I thank the chairman of the Finance Committee and Senator Conrad for working on this proposal.
So let me conclude. If we pass this $1.3 trillion spending bill, which is what it started at, we are going to have trillion-dollar debts over the next several years. This does not include another $500 billion in TARP funds that Secretary Geithner may be asking for.
We still have an omnibus spending bill to come before us. We still have military supplemental bills. Unfortunately, they are not just military bills. Everything else gets Christmas-treed on top of it. We are talking trillions and trillions of dollars.
I am looking at our Senate pages; the next generation to lead our country. Don't we care about them? Don't we have a moral responsibility not to pass huge tax burdens on to them? Current calculations are, with the debt we are running up, plus Medicare, Medicaid, and Social Security, they are going to have to pay close to a 90-percent tax rate if things are not changed. I do not think that is fair to them. Here we just pass debts on. I believe as a generation we are morally corrupt because we take whatever we want.
President Roosevelt talked about ``the forgotten man.'' What he was talking about was this person who was forgotten during the depression. Unfortunately, we may be now dealing with a forgotten generation; a generation who does not have a voice in the Senate. We need to stand up and say, ``We cannot pass this kind of debt burden on to them.'' ``We cannot pass the kind of high taxes on to those who are going to be required to pay this debt.''
So, Mr. President, we need to act responsibly. We cannot put, as this bill does, $200 billion into new entitlement programs. We cannot raise the baseline as this bill will end up doing. We know programs do not stop around here, so we need to act in a much more responsibly manner than this bill does.
Yes, we want to act quickly, but there is a false deadline that has been put on this bill. There is still time. As we saw with TARP funds, when we do things too quickly around here, we make major mistakes. The false deadlines we put on this bill, I believe, are going to lead us down the wrong road. So let's slow down. We do not get any trial runs on this one. This bill is too big. Let's make sure we do this right. Let's join, not as Republicans and Democrats, but as Americans to get this right.
Mr. President, I yield the floor.
The PRESIDING OFFICER: The Senator from Montana.
Mr. President, first of all, I wish to congratulate and thank my colleague from California, Senator Boxer. A few years ago, we worked on an amendment together. Not a lot of people knew about it. The first time it was voted on in the Finance Committee, most of the Republicans in the Finance Committee voted against it. I remember talking to Senator Nickles at the time. He was leading the charge with the Republicans against the amendment, frankly, because a lot of people did not understand it.
It does not sound right that someone who invested overseas can bring the money back for less than what they pay in the United States. But the problem is that companies, if they have to pay a 35-percent tax on the money to bring it back, as Senator Boxer and I recognized it is common sense, they are not going to bring the money back.
The chart Senator Boxer had clearly showed that. Very small amounts each year of the profits that companies made overseas actually came back into the United States, until we passed what we called, at the time, the Invest in the USA Act.
The outside economists got it. They understood it. They projected-- Allen Sinai, who was the economist at the time, did the studies. He predicted between $300 and $400 billion would come back to the United States and it would actually produce tax revenues, it would produce jobs.
Guess what happened, $360 billion came back to the United States. The Congressional Budget Office, Joint Tax, they said only about $135 billion would come back, and it would lose revenue to the Federal Government.
Well, a minimum of $16 to $20 billion was paid in taxes on the money that was repatriated, so it only increases revenues to the Federal Government. It did not hurt the deficit; it actually helped the deficit. The economists have studied the indirect and the direct revenue effects of the jobs that were saved and the jobs that were created. The estimates are closer to $34 billion of additional revenue, tax revenue to the Federal Government from the last repatriation.
So the Invest in the USA Act, which Senator Boxer and I worked on in a bipartisan fashion, passed 75 to 25 in the Senate. It turned out to be a great success. So we are trying to put a new version of this on this bill. To our amazement, the outside economists again are predicting that $565 billion this time is going to come back to the United States.
There is about $800 billion sitting overseas. The companies are not bringing it back. It creates jobs overseas. That helps the banks that are overseas with their capital. They are not bringing it back because they have to pay up to a 35-percent corporate tax rate.
We want to bring foreign earnings back one time. If they bring the money back in the next 12 months, we charge them a 5.25-percent tax. Well, is not 5.25 percent on $565 billion better than 35 percent of zero?
This is common sense. That is going to help the deficit. We have to get real about this and put some commonsense thinking into this.
I commend to my colleagues two studies: One is by Allen Sinai and the other by Robert Shapiro and Aparna Mathur. By the way, Robert Shapiro, former Clinton adviser, liberal economist; Allen Sinai, by any stretch of the imagination, at best a moderate economist. These are not rightwing radical economists. These are not neoclassical economists who are talking about this.
I ask unanimous consent to have their conclusions printed in the Record.
What their studies are showing today, as they showed before we acted in 2004, is that money is going to come back. The Treasury actually
will be helped. Jobs will be created in the United States. And a side benefit is $565 billion comes into the banks in the United States to help capitalize the banks. What are we all talking about here? That our banks don't have enough capital. This, without a cost to the taxpayer, brings capital back.
But in the wisdom of Joint Tax, they actually say that this bill is going to cost money, that it is going to decrease revenues to the Federal Government, where all the evidence by outside economists as well as all the evidence by history shows otherwise. Look at this. Every year money being repatriated to the United States, pretty consistent down here, below $50 billion was brought back in each year. Guess what. We passed the Invest in USA Act in 2004. Repatriation shot up to $360 billion. Look what happened the next year. It went right back down, and it has been down since.
I will.
I was aware of the new numbers coming out of Joint Tax. But the outside economists say this will probably mean $45 billion in direct revenues, not including revenues produced when you actually have people in jobs and people paying taxes who are earning the money in those jobs. We have some great examples of what businesses did with that.
But let me quote Dr. Tyson, who was the chairman of President Clinton's Council of Economic Advisers. She recently wrote a report that said $565 billion would be repatriated. The money would be brought back to the United States. She believes it could raise $28 billion in investment in renewable energy projects alone, health care initiatives, and broadband deployment.
We have bipartisan economists saying this is going to work. The only people who don't seem to think this is going to work are the people somehow inside the walls here in Washington, DC who don't seem to get that if you have to pay a 35-percent tax, it is better to keep the money overseas.
One of the great American companies is Microsoft. Do you know that Microsoft has no exports from the United States. They have a lot of them from Ireland. Guess why. Ireland has a 12.5-percent corporate tax rate. If they pay that and they want to bring the profit back to the United States, they have to pay a lot of money, up to a 35-percent tax rate. So guess what they do. They keep the money in Ireland. They produce products in Ireland, and they export those products from Ireland instead of bringing the money back to the United States and creating jobs where they can have exports from the United States. From a commonsense perspective, it makes no sense to me to oppose this piece of legislation that will help capitalize our banks. It will help improve the capital structure of our businesses, because the money, as Senator Boxer so eloquently discussed, can only be used to hire and train workers. It can only be used for research and development, for capital improvements, for acquisition of businesses that may be distressed. That is certainly what Oracle did. Oracle bought two companies. They outbid a German company that was going to take 2,000 jobs outside the United States. Oracle buys them, keeps them in the United States, and then over the next few years increases employment at both places. Dell built a plant where they hired 1,800 workers. Those are good things to do with the money and more companies will do exactly this.
We look forward to the debate. I think it makes common sense. I thank my colleague from California, Senator Boxer, who has done great work this time as she did last time. I appreciate working with her.
Mr. President, first of all, there is not fungibility this time. Senator Boxer and I worked very closely to make sure there were very tight uses of the money, and there is going to be IRS audits afterward to make sure they use the money exactly how the bill specifies.
The other thing is the distinguished chairman of the Finance Committee was trying to point out the companies repatriated money and then laid off workers, and he was trying to point out that was somehow a causative effect. It had nothing to do with it. Ford repatriated $1 billion almost and laid off 30,000 to 40,000 employees. OK. Ford had a lot of other problems. These companies had a lot of other problems.
Hewlett-Packard had huge problems going on, and the repatriation made it a lot better, so they ended up in a short period of time laying off some people, but in the long run they ended up increasing American employment over the next several years because they were in a better financial position. That is the way our companies are today. You could take a lot of other companies during that same period of time that did not repatriate a dollar and laid off people. So what did repatriation have to do with anything?
Now, the chairman of the Finance Committee brought up that it is a question of fairness, that U.S. companies doing business overseas would only have to pay at a 5.25-percent tax rate on the money they made overseas, while companies in the United States pay a 35-percent corporate tax rate. Well, I will join you right now in lowering the corporate tax rate in the United States. I will join you hand in hand to lower it. By the way, if you lower it, you do not have to do the repatriation amendment. As a matter of fact, they tell us that at somewhere between a 20-percent and 25-percent corporate tax rate, you do not have to do repatriation because then money can flow where money would be used most efficiently, and a lot of this money would come back on its own to the United States. The problem is, the way the tax structure is set up today, it encourages companies in the United States that have invested overseas to keep the money there because it is too prohibitive to bring the money back to the United States.
So I ask the rhetorical question, once again: Is 5.25 percent of $560 billion better than 35 percent of zero or 35 percent of a small number? That is really what we are dealing with here. So whether it is CRS, whether it is Joint Tax, they just do not seem to get it. The outside economists get it. They understand it. That is why their studies show 2 million jobs will be created this time, maybe more than that. Actually, Shapiro actually says it will be about 2.6 million jobs created or saved with this amendment. So I think the facts are clearly on our side on this issue. Whether it is a fairness issue or whatever, the bottom line is we want to help the United States of America.
The last point I will make is, if you did nothing with this money-- absolutely zero--if we required nothing except for the money to come back to the United States and come in to our banks, wouldn't that be a good thing right now? Common sense: Our banks need capital. We need liquidity in the United States. Let's try to follow this simple formula: In order to have employees, you must first have employers. OK. Are you with me so far? In order to have employers, you have to have capital.
Mr. President, $560 billion in capital leads to a lot of employees. That is capitalism, folks. You need capital to have employees. It is a simple formula. Let's get this right.
I yield the floor.
Will my friend yield for a question?
The opponents of this measure are saying the Joint Tax seems to be the experts we should trust. Is my friend from California aware, I wonder, that in 2004 when we were doing this debate, the Joint Tax Committee estimated this measure would decrease revenue by $3 billion? But is my friend from California aware this actually produced to the Federal Government a net of $16 billion in tax revenue? We were not hurting the Government revenue but helping it? I further ask, through the Chair, is my friend from California aware that the Joint Tax Committee, last year, scored this same measure at $18 billion? This year, they scored it $29 billion. Was last year's estimate right, or was this year's right? They were so wrong in 2004 when, by the way, the outside economists were right. The inside economists were wrong. Was my friend from California aware of those facts?
Mr. President, I ask my friend from California this question. It was brought up earlier that the money is going to come back anyway. The Senator from California has a chart in front of her. I ask her if she could explain the chart and that the money wasn't coming back until we lowered the tax rate. And then it went right back up after we lowered the tax rate.
Will my friend yield for a question?
A big deal has been made of which economists we can trust. I ask my friend from California, when Joint Tax scored this last time, not only were they wrong on revenue estimates, but they estimated that about $100 billion or so would come back to the United States. The outside economists estimated between $300 billion and $400 billion would come back to the United States. According to CRS this time, according to the study the chairman of the Finance Committee quoted, $360 billion came back and $312 billion was used according to the measures we put in the bill. Was she aware that the Joint Tax Committee was that far off on their estimates, not only on revenues produced but on how much money could come back?
Mr. President, I wish to make a couple points. Once again, I wish to get back to some common sense. Is it better for the money to be overseas, or is it better for the money to be in the United States? If it is overseas, it creates jobs. If it is in the United States, it can create jobs in the United States. That is the bottom line.
On the chart my friend from California showed earlier, the money was not coming back to the United States in any significant amounts until we passed the 2004 ``Invest in the USA Act.'' And then the next year, $360 billion came back to the United States. After that, it went back down as far as the money coming back into the United States.
By common sense, we have to know that the money is not going to come back to the United States. By doing this, we are not encouraging companies to go overseas. Quite frankly--and I said to my friend, the chairman of the Finance Committee--if he wants to lower the corporate tax rate, I would join him right now. As a matter of fact, I may be offering an amendment to do that because I believe that our corporate tax rate, being the second highest in the industrialized world, is too high, and it encourages other companies to go overseas. But we cannot do that. We do not have enough bipartisan support to do that.
Here we have a bipartisan measure. Very few things happen on this bill in a bipartisan way. This is truly bipartisan. The four sponsors of this amendment--two Democrats, two Republicans--are working together. The last time this bill passed the Senate was a 75-to-25 bipartisan vote. That should show us right now a lot of people looked at this and said it was a good idea, and a lot of people are looking at this again. It is a good idea because it makes common sense to bring money back into the United States to create jobs in the United States.
I will just say, if Joint Tax was wrong a few years ago, they are probably wrong again. As a matter of fact, I cannot even believe the last year they scored a repatriation bill with a larger scope at around $15.9 billion. This year they are scoring a more narrowly tailored version at almost $29 billion. In one year, they are that far off, and they were totally wrong back in 2004.
The outside economists are saying this is going to save or create over 2 million jobs. Isn't that what we are about, trying to create and save jobs in this bill? This particular amendment, even if it did cost the money Joint Tax is saying, creates more jobs for the dollar than anything else in this entire stimulus package.
We ought to adopt this amendment. It is common sense, and we ought to put common sense to work when we are trying to save the U.S economy.
I reserve the remainder of our time.
Mr. President, how much time is on the opposition side?
Mr. President, first of all, to set the record straight, Senators Bingaman and Kerry both voted no the last time.
Several other things. The Senator from North Dakota said he would like all Americans to pay a 5-percent income tax, such as in this bill. Well, that means that he would raise taxes on 40 million Americans who pay no income tax today. Let's get the facts clear. Last time, $360 billion came back into the country and created about 2 million jobs. This time, more money is going to come back. Almost double, about $565 billion the estimates are, is going to come back this time. We have to ask ourselves this commonsense question.
The opponents would argue the money came back last time and no jobs were created. From a commonsense perspective, if the companies did not do anything that they said they were going to do last time, if money is in the United States--you need capital to create jobs. Right now we have a banking system that does not have capital. Capital markets are shut down. Guess what? Jobs are not being created because there is no capital to invest to create jobs.
If $360 billion came back last time and $565 billion is going to come back this time, doesn't anybody with any kind of common sense know jobs are going to be created with that? We have to get real. Put your thinking caps on. I don't care what Joint Tax says. I don't care what the CRS says. Put your commonsense thinking cap on, and we are going to have a good piece of legislation if we adopt this amendment.
I encourage all of us to vote in a bipartisan fashion for this bipartisan amendment. I yield the floor and ask for the yeas and nays.
Mr. President, what is the regular order?
Amendment No. 178
Is it subject to a point of order? I believe it is, and I make a budget point of order.
I raise a point of order on this amendment.
I suggest the absence of a quorum.
I suggest the absence of a quorum.