Madam President, this morning we intend to continue two major amendments from this side of the aisle. The amendment of Senator Conrad from North Dakota proposes a fiscally responsible substitute; the amendment of the Senator from…
Madam President, this morning we intend to continue two major amendments from this side of the aisle. The amendment of Senator Conrad from North Dakota proposes a fiscally responsible substitute; the amendment of the Senator from Washington, Ms. Cantwell, is regarding energy price gouging. These are both very important amendments and an important debate. I ask consent the pending amendments be temporarily laid aside so Senator Conrad may offer an amendment.
Madam President, I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, we are moving along on the amendment offered by the Senator from North Dakota. I got clearance from the chairman of the committee to ask unanimous consent that there be 40 minutes of debate remaining on the Conrad amendment equally divided, 20 minutes in favor of those who are speaking against the amendment and then 20 minutes to be controlled by the Senator from North Dakota.
And also that there would be no second-degree amendments and the vote would then occur immediately following the 40 minutes in relation to the Conrad amendment.
Mr. President, I ask unanimous consent that immediately after the coming vote on the Conrad amendment, the next speakers and amendments be in order as follows: First, Senator Domenici be recognized to speak for 20 minutes; Senator Feinstein will be recognized to offer two amendments on which there will be a total of 30 minutes equally divided on the two amendments; following that time, that Senator Cantwell be recognized for the purpose of offering her amendment with respect to energy price gouging, and there be 60 minutes equally divided.
Mr. President, I rise today in support of the substitute amendment.
Let me first explain that this substitute does not contain everything we had hoped to offer. Some of the items that we cannot consider today, though, are extremely important to American families.
They include the Lincoln-Snowe child tax credit fix. The Lincoln- Snowe provisions would ensure that the working poor can continue to receive this valuable credit. Regrettably, the threshold climbs each year. And the minimum wage remains stagnant.
So these families receive a smaller refundable child tax credit each passing year.
Another package we had hoped to include were a few incentives for military families. These include a provision to ensure that families with someone serving in combat can continue to receive the earned income tax credit. With the heavy strain that the Iraq war continues to put on military families, Congress can surely do more for these families.
The substitute today does not address a few items for the Gulf States I had hoped to include.
As I have said many times in the past few months, we must address the immediate needs of the hundreds of thousands of people affected by the hurricanes that ravaged the Gulf States. We cannot forget that the recovery in the gulf region is not over. It has hardly begun.
People have lost everything and need help to rebuild their lives. That help has not arrived. We have more work to do in this Congress to make sure displaced families have access to health care, unemployment benefits while they search for work, childcare so they can get to work, and foster care services for needy kids.
It is irresponsible to leave these people behind and move on to cutting taxes before we have completed our job of providing real relief to those that have been hurt by the storms.
But for procedural reasons, we are offering a different substitute. I believe that this substitute is a better approach than the bill before the Senate today.
I want to highlight some principles that we pursued in this substitute. And what we are not doing here is as important as what we are.
Other than the disaster recovery incentives, we do not add to the deficit. That is an important distinction between our substitute and the bill before the Senate.
I know that the majority leadership hopes that spending reconciliation cuts will occur at some point. But even if Congress does enact those highly controversial cuts, the bill before us today would still add to the deficit.
This is exactly what Alan Greenspan warned us against last week: deficit-financed tax cuts.
How can we face constituents who will see their food stamps or child support services cut? How can we tell them that we had to make those cuts to pay for tax cuts?
How could we tell them that Congress cut their benefits for tax cuts that will not even take effect until several years down the road?
Another thing that we do not do in this substitute is any extension of tax cuts that don't expire this year. The last 3 years have been the 3 highest deficits in the Nation's history. At some point, we need to do some belt-tightening.
In all fairness, I support many of these tax cuts. I have cosponsored and voted for many of them. But we simply need to prioritize this year. We need to do what is urgent first.
The bill before us today does not include the capital gains and dividends tax cuts. But we know that it may well appear at some point during this reconciliation process, especially now that the House tax- writers have chosen capital gains and dividends tax cuts to the exclusion of AMT relief.
Some cite the $20 billion figure for the 2-year extension of capital gains and dividends cuts.
But we are really talking about a $50 billion cost over 10 years. And that is the way that we usually score tax bills.
There are some good items in the bill before us today, but I think in order to be a great bill, we must achieve fiscal responsibility. Our substitute not only meets all the budget numbers, it does better. The 2006 loss is below $11 billion, the 5-year loss is $20 billion, and the 10-year figure actually cuts Federal deficit by $6 billion.
It comes down to timing, priorities, and fiscal responsibility. I urge my colleagues to support this substitute.
Mr. President, I ask my good friend to cut that down significantly. We are oversubscribed in time. It is a zero-sum game. Extra time you take means less time for other Senators later on. I urge you to modify your request to a much lower number, please.
Let's make it 5 and 5.
Mr. President, I believe that there is still time remaining so that Senator Cantwell has an opportunity to speak on her amendment. In the meantime, I ask unanimous consent that the next amendments in order following the Cantwell amendment be the following: an amendment by the Senator from Illinois on FEMA, 30 minutes equally divided; the Senator from Massachusetts, Mr. Kennedy, on poverty, 30 minutes equally divided; an amendment from the Senator from Rhode Island, Mr. Reed, 20 minutes equally divided; and an amendment by the Senator from Oklahoma, Mr. Coburn, on the practice of medicine--there is no time limit at the moment on that one--and that thereafter there be 30 minutes equally divided on the Dorgan amendment.
I do not see the Senator from Washington on the floor to finish with her amendment. I ask that her time be reserved so she can offer it at an appropriate time, and the same for the time in opposition. So we can now proceed with the Senator from Illinois.
Mr. President, I wonder if we can proceed with the second amendment. It was my understanding the Senator had one amendment and
had a time agreement on it. Other Senators have come up, asking for consideration of their amendments. I do not want to inconvenience other Senators.
All things considered, Mr. President, I think it proper not to agree to the request at this point because the Senator from Massachusetts already spoke to us about an amendment of his, and that is in the queue.
In fairness to other Senators, I don't want to inconvenience other Senators.
So as not to interrupt the flow, the chairman would like to speak on the Senator's amendment first, if that is all right.
No objection.
Mr. President, under a unanimous consent agreement we entered into earlier, we are now waiting for Senator Reed of Rhode Island to offer his amendment, and also Senator Coburn to offer his amendment. And under the agreement, thereafter, there is time remaining on the Dorgan amendment. But while we are waiting for Senator Reed and/ or Senator Coburn, or anyone else, to come to the floor, I will say a few words about the alternative minimum tax.
The bill before us today does extend the alternative minimum tax exemption level and provides for an increase in inflation. That is the good news. But it is not all good news because there will still be about 600,000 additional Americans paying higher taxes next year under the alternative minimum tax, sometimes called the stealth tax.
Why is that? That is because the so-called hold-harmless provision in the legislation before us today, or the patch, as some have called it, does not hold everyone harmless. For example, for the year 2005, there are 3.6 million American taxpayers paying the alternative minimum tax. Under the bill before us today, there will be 4.2 million taxpayers paying that tax in 2006. That is an increase of 600,000 taxpayers, and it is an increase I hope we can avoid.
The alternative minimum tax, to refresh recollections, was originally enacted in 1969. Why did Congress do that? Congress discovered in that year there were about 155 very wealthy taxpayers making over $200,000 a year but who paid no taxes. Congress felt: Well, gee, that is not right; people earning over $200,000 a year at least should pay some taxes. So Congress passed the alternative minimum tax. What was once a class tax, unfortunately, has now been morphed into a mass tax.
To refresh your recollection, whenever individuals calculate their income taxes, they calculate their income taxes and then they have to go through a separate, parallel calculation under what is called the alternative minimum tax. Under that separate, parallel calculation, there are certain provisions that cannot be deducted, and that includes the standard deduction or the personal exemptions, and some others. Then you look at the bottom line of the two calculations, and if one is higher than the other--it does not make any difference which one it is--you pay that higher tax.
Because these provisions were not indexed to inflation, over time more and more people are finding they have to pay this stealth tax, this alternative minimum tax. Frankly, if it is not changed by the end of this decade, that tax will ensnare about 30 million Americans, a majority of who will have adjusted gross incomes below $100,000.
The Internal Revenue Service National Taxpayer Advocate has identified this alternative minimum tax as the most serious problem facing individual taxpayers. By the end of the decade, the majority of filers with incomes between $75,000 and $100,000 will be paying this additional tax; that is, the majority of Americans with incomes between $75,000 and $100,000 will be paying this, unless it is fixed.
In addition, virtually all married couples in that income group-- $75,000 to $100,000--with two children will be paying the AMT by the end of the decade.
Now, I have filed legislation to repeal the AMT altogether. I am joined in that effort by the chairman, Senator Grassley, and 20 other Senators who have the same view as me. I think we should do it. It is clear, though, that repeal is very expensive. But it is the right thing to do, and we should do our level best to try to find a way to work toward total repeal, and try to find the revenue to pay for it.
In the meantime, though, we should do all we can to make sure this stealth tax does not hit one more family next year.
As you may know, Mr. President, the House companion bill on this same subject, tax reconciliation, which is working its way over here, does not in any way address this AMT issue. But it does contain provisions to extend the capital gains and dividends cuts for 2 more years. Under current law, which we enacted in 2003, deductions will stay in effect at least until the end of 2008. Nevertheless, the House in their bill made the decision to extend that capital gains and dividends cut for 2 more years past 2008. But they did not include the alternative minimum tax. That is wrong.
Senator Grassley and I have discussed this. We want to make a change. At the appropriate time I think we will make a change to the underlying bill so not one more American pays this stealth tax compared to current law. As I mentioned, under the bill currently before us, about 600,000 more Americans will pay it. We feel that is wrong. It is a mistake. We shouldn't do that. We will find a way, as the chairman and I have found, to make sure not one more American has to pay this additional tax.
Otherwise, I might say that under the House-passed version of tax reconciliation, 17 million families will see a tax increase next year. Under the House bill, working its way over here to conference, 17 million families will see a tax increase next year thanks to the alternative minimum tax.
In fact, CRS has found that if the House proposal prevails, next year a family with three children, making $63,000 a year, will also be hit by this additional stealth tax, the AMT. I believe, and I know the chairman believes, and many of us in the Senate believe, this family- unfriendly AMT should not be allowed to creep deeper and deeper into the middle class each year. At the appropriate time, we are going to make that change, that adjustment, because it is the right thing to do.
Mr. President, I ask unanimous consent----
I ask unanimous consent that the Senator from Rhode Island be recognized to offer his amendment and speak for 10 minutes, and the time thereafter until 3:30 be equally divided on the Dorgan amendment.
Mr. President, I amend my request to accommodate the request of the Senator from North Dakota. The Senator from Rhode Island can offer his amendment, and when he is finished, there will be a half hour on the Dorgan amendment. He gets 15, and the other side gets 15, and the vote will now occur at 3:40.
Mr. President, if my colleague will yield a second, I ask unanimous consent that after the Coburn amendment is debated or set aside, Senator Santorum be recognized to speak for 15 minutes, Mr. Byrd be recognized to speak for 30 minutes, and Senator Feingold be recognized to offer his amendment on pay-go with 30 minutes of debate equally divided.
Mr. President, I propose that we reach a time agreement on this next pending amendment, which is the Coburn amendment. I ask unanimous consent that the time on the Coburn amendment be limited to 1 hour equally divided.
Mr. President, the Senate is not in order. I have a hard time hearing the Senator.
I hear the Senator from Oklahoma, with all due respect. I wonder if we could agree to maybe 1\1/2\ hours.
With the understanding that perhaps an hour and a half may not all be used.
I renew my request for 1\1/2\ hours equally divided.
Mr. President, I believe I manage the time in opposition on this amendment.
Accordingly, I yield 20 minutes to the chairman of the Ethics Committee, Senator Voinovich.
I yield 10 minutes to the Senator from Connecticut, Mr. Dodd.
I yield whatever time the Senator would appreciate having.
Mr. President, this is very important. It helps tremendously to improve some provisions in the underlying bill so no one else has to pay AMT; and, second, R&D provisions, enhanced R&D and contractors are not excluded. I support this.
I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. President, I think we are ready to wrap up debate on the pending amendment.
Mr. President, a little bit out of order here, but under the previous order, Senator Santorum and Senator Byrd were to speak after the disposition of the pending amendment. At this point I have learned Senator Santorum and Senator Byrd wish to speak at a later point.
I ask consent that the pending amendments be laid aside so Senator Feingold may offer his amendment, that is, after the disposition of this amendment.
That is correct.
Not now.
Mr. President, it is after Senator Feingold's amendment? After that?
OK, fine.
Mr. President, I might also say that means as to the list of Senators who come to me and say they want to speak on their amendments, I have said to them they could, but there will be a short period in which to speak, and they will have to come down here and speak some time before 7:30, if they want any time to speak.
The first vote would be at 7:30.
After the first vote.
Mr. President, I ask unanimous consent that all pending amendments be set aside so that the Senator from Wisconsin can offer his amendment.
Mr. President, I ask unanimous consent that the pending amendments be set aside so that the Senator from New York may offer an amendment.
Mr. President, I see Senator Santorum. Under previous order, he has the right to speak for 15 minutes.
Mr. President, I ask unanimous consent that the pending amendment temporarily be laid aside so I can offer an amendment on behalf of the Democratic leader, Senator Reid.
I send an amendment to the desk.
Mr. President, I ask unanimous consent that the pending amendment be laid aside so that Senator Nelson of Florida may offer an amendment.
Mr. President, I ask unanimous consent that the pending amendments be set aside so that Senator Bingaman from New Mexico may offer an amendment. I ask him to limit his remarks to a couple minutes. I yield him 3 minutes.
Mr. President, I ask unanimous consent that the pending amendments be set aside so that the Senator from Illinois, Mr. Durbin, may offer an amendment. I ask him, too, to limit his remarks to 3 minutes.
Mr. President, I ask unanimous consent that the pending amendments be set aside so that the Senator from Nebraska, Mr. Nelson, may offer an amendment.
Mr. President, I ask the Senator if he can limit his remarks to 3 minutes, too.
I ask unanimous consent to modify Reid amendment No. 2653 with the text I now send to the desk.
Mr. President, I ask unanimous consent that the pending amendments be laid aside so that the Senator from Arkansas, Mrs. Lincoln, may offer an amendment at the very least. If the time has now run and we are going to begin voting, at least she is next in the queue after the amendments that we have already listed.
I ask unanimous consent to modify the previously adopted amendment No. 2647. I send the modification to the desk and I ask for its adoption.
Mr. President, was the last unanimous consent request agreed to?
Mr. President, we have a matter we have to fix. I ask unanimous consent that the modification to the Schumer amendment No. 2635 be vitiated.
Mr. President, the modification should be to the Reid of Nevada amendment.
Mr. President, there are four votes remaining. It is my understanding they will all be voiced. However, other Senators have said they have amendments they want to offer, as well. It is appropriate we begin to cut off the number of amendments we consider tonight. Four Senators contacted me: Senator Boxer, Senator Dayton, Senator Kerry, and Senator Landrieu. The time has come to limit the number of amendments we have tonight. We have done a pretty good job accommodating Senators.
I ask unanimous consent after the three remaining amendments-- Senators Bingaman, Durbin, and Nelson--are taken up, and I am told will all be voiced, that following those amendments only the amendments then be in order are amendments offered by Senator Boxer, Senator Dayton, Senator Kerry, and Senator Landrieu, and that those be the only amendments remaining to be considered to the bill tonight and to the bill at all.
I amend that by saying it is my understanding that Senator Landrieu has two, but they will be voiced and not require a recorded vote, and there will be a managers' amendment that will be in order to the bill. Senator Harkin would like to be added to the list with one amendment. So, therefore, it will be: Boxer, Dayton, Kerry, Landrieu, Landrieu--again, Landrieu's will be voiced--and Harkin. I am hopeful some of these others will also be voiced when we get to them.
Senator Dayton has two amendments.
That is our intention.
Mr. President, the Senate is not in order. We are making a lot of progress tonight, and we will make even greater progress if the Senate stays in order.
Mr. President, I ask unanimous consent that the Craig- Rockefeller amendment also be added to the list of amendments still in order. And that will be it.
Mr. President, I ask unanimous consent that the Craig- Rockefeller amendment be added to the list of amendments still in order tonight.
Mr. President, I ask unanimous consent that these be 10- minute votes, with 2 minutes between the votes, but otherwise 10-minute votes.
Mr. President, I anticipate that Senator Landrieu is ready to offer her amendment. I suggest she be recognized.
I share Chairman Grassley's views with respect to curbing abusive tax shelters, and I look forward to working with Senators Levin and Coleman to shut down these abusive transactions.
excise taxes
Mr. President, this legislation did not happen by itself; it took hard work and perseverance. There is a long list of individuals who must be thanked.
First, I want to thank the staff of the Joint Committee on Taxation and Senate Legislative Counsel for their service. They did a tremendous job with this bill.
I want to thank George Yin, the Chief of Staff of the Joint Committee on Taxation, in particular. This will probably be the last tax bill George will work on for the U.S. Congress. George is returning to the University of Virginia where he is a professor. His last day is tomorrow. George has served on the Joint Committee on Taxation for just over 2 years. During that time, he has provided tremendous insight and knowledge to me and my staff. He is called upon to know all the nuances of the Tax Code and provide recommendations on tax policy. He does this with unfailing competence. His work is of the highest caliber. I commend him for his work and thank him for his service to the U.S. Congress.
Next, I must thank the hardworking staff of the Finance Committee. They stayed up many a sleepless night, and I applaud them for their expert counsel. I want to thank some staff members in particular. I appreciate the cooperation we received from the Republican
staff, especially Kolan Davis, Mark Prater, Cathy Barre, Elizabeth Paris, Christy Mistr, Dean Zerbe, Chris Javens, John O'Neill, and Nick Wyatt.
I also thank my staff for their perseverance and dedication, including Russ Sullivan, Patrick Heck, Bill Dauster, Melissa Mueller, Matt Jones, Judy Miller, Jon Selib, Ryan Abraham, and Tom Klouda. I also thank our dedicated fellows, Mary Baker, Brian Townsend, Richard Litsey, Jorlie Cruz, and Stuart Sirkin.
Finally, I thank our hardworking interns: Jennifer Alwood, Ray Campbell, Mandy Cisneros, Will Larson, and James Reavis.
I want to thank the chairman of the Finance Committee and my good friend, Senatory Grassley. It is not easy putting together a reconciliation bill. I thank Senator Grassley for once again ensuring a result that could receive broad support. It is my hope that we can maintain the spirit and substance of the Senate bill as we move through conference. We have a good bill before us.
I yield the floor.