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TAXPAYER REFUND ACT OF 1999--Resumed


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TAXPAYER REFUND ACT OF 1999--Resumed
(Senate - July 29, 1999)

Text of this article available as: TXT PDF [Pages S9651-S9737] TAXPAYER REFUND ACT OF 1999--Resumed The PRESIDING OFFICER. The clerk will report the bill. The legislative assistant read as follows: A bill (S. 1429) to provide for reconciliation pursuant to section 104 of the concurrent resolution on the budget for fiscal year 2000. Pending: Abraham amendment No. 1398, to preserve and protect the surpluses of the social security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Baucus motion to recommit the bill to the Committee on Finance, with instructions to report back with an amendment to reduce the tax breaks in the bill by an amount sufficient to allow one hundred percent of the Social Security surplus in each year to be locked away for Social Security, and one- third of the non-Social Security surplus in each year to be locked away for Medicare; and an amendment to protect the Social Security and Medicare surplus reserves. Robb amendment No. 1401, to delay the effective dates of the provisions of, and amendments made by, the Act until the long-term solvency of Social Security and Medicare programs is ensured. Motion to Waive the Budget Act Amendment No. 1398 The PRESIDING OFFICER. The Senator from Nevada. Mr. REID. Mr. President, the pending amendment is not germane. I raise a point of order that the Abraham amendment violates section 305(b)(2) of the Congressional Budget Act of 1974. The PRESIDING OFFICER. The Senator from Michigan. Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment. Mr. GRAMM. I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? [[Page S9652]] There appears to be a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. There is 2 minutes of debate. Who yields time? Mr. REID. Mr. President, in a letter dated April 21, 1999, on a similar provision, then-Secretary of the Treasury Robert Rubin wrote to Senator Moynihan that this ``provision could preclude the United States from meeting its financial obligations to repay maturing debt and to make benefit payments--including Social Security checks--also worsen a future economic downturn.'' The lockbox in this proposal is potentially destabilizing in a manner reminiscent of the constitutional amendment to require a balanced budget. I remind those who propose rigid 10-year schedules for reducing the publicly held debt that economics does not follow the agricultural cycle. There will be periods when surpluses, both on and off budget, will fall far short of projections. We should not impose a debt reduction schedule, enforced by a declining debt cycle ceiling, even if it can be overridden with 60 votes. To do so will risk default every time the debt ceiling is lowered. Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act. The PRESIDING OFFICER. All time has expired. The question is on agreeing to the motion to waive the Budget Act. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 54, nays 46, as follows: [Rollcall Vote No. 227 Leg.] YEAS--54 Abraham Allard Ashcroft Bennett Bond Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner NAYS--46 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Roth Sarbanes Schumer Torricelli Wellstone Wyden The PRESIDING OFFICER (Mr. Frist). On this vote the yeas are 54, and the nays are 46. Three-fifths of the Senators present and voting, not having voted in the affirmative, the motion to waive the Budget Act is rejected. The point of order is sustained, and the amendment falls. Mr. ROTH. Mr. President, I ask unanimous consent that the remaining votes in this series be limited to 10 minutes in length, and I ask that all the Members of the Senate stay on the floor. We have a full and busy day. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BAUCUS. Mr. President, I move to reconsider the vote. Mr. REID. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege Of The Floor Mr. LEAHY. Mr. President, I ask unanimous consent that Peter McDougall of my staff be given floor privileges throughout the day. The PRESIDING OFFICER. Without objection, it is so ordered. Motion To Recommit The PRESIDING OFFICER. The question is on the Baucus motion. Mr. BAUCUS. Mr. President, I understand each side has 1 minute of explanation. The PRESIDING OFFICER. The Senator is correct. Mr. BAUCUS. Mr. President, this is a very simple matter before the Senate. It is a choice: Do we want to protect Medicare or not. It is that simple. That is the choice that we are presented with today. The amendment I am offering is the House lockbox which passed the House by an overwhelming margin--it only had three or four votes against it--along with the Medicare lockbox. The Medicare lockbox we provide sets aside one-third of the on-budget surplus for Medicare. It can be used in whatever way we want to use it for Medicare, including to provide an affordable prescription drug benefit or for shoring up Medicare solvency. That is the choice before the Senate. Do we preserve Medicare or not. Our choice here today, however, is nothing compared to another choice. That is the choice that about 16 million seniors must make every day: Do I choose to buy my medicine, choose to pay the rent, or choose to buy food? We are saying set aside and preserve for Medicare one-third of the on-budget surplus so that the choices facing seniors are not quite as abhorrent. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. Mr. President, this is another opportunity on the part of the other side to propose to the American people that they want anything but tax relief. This is a motion to recommit. It would do nothing to protect Medicare. It is the President's proposal, which is a phony transfer of IOUs to the Medicare trust fund. It does nothing to help senior citizens. It is just an effort to lock up $300 billion so you can't give the American people a tax cut, plain and simple. They don't want to confront the issue of a lockbox for Social Security so they muddle it up and instead of trying to solve something, they would like to create an issue instead of a solution. Frankly, there are hardly any experts in America who look at this lockbox concept for Medicare and say it helps the seniors or it helps Medicare. If this is the plan the President is alluding to across this land, then he has none. I believe, since the other side did not let us have a vote, we ought to do ours procedurally also, and I am compelled to do that. Therefore: The language in this amendment is not germane to the bill before us, so I raise a point of order under section 305(b)(2) of the Congressional Budget Act. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, pursuant to section 904 of the Budget Act, I move to waive the applicable sections of that act for the consideration of the pending amendment. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Budget Act in relation to the Baucus motion to recommit S. 1429. The yeas and nays have been ordered. The clerk will call the roll. The legislative assistant called the roll. The yeas and nays resulted--yeas 42, nays 58, as follows: [[Page S9653]] [Rollcall Vote No. 228 Leg.] YEAS--42 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Inouye Johnson Kennedy Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Torricelli Wellstone Wyden NAYS--58 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hollings Hutchinson Hutchison Inhofe Jeffords Kerrey Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 58. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the motion falls. The PRESIDING OFFICER. The Senator from Delaware. Mr. ROTH. Mr. President, I move to reconsider the vote. Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH. Mr. President, I ask unanimous consent that all amendments and motions to recommit to S. 1429 must be filed by 2 p.m. today at the desk and with the bill managers. Mr. STEVENS. Reserving the right to object, what time was that? Mr. ROTH. Two p.m. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Amendment No. 1401 Mr. ROTH. Mr. President, I think we are ready for the vote on the next amendment. The PRESIDING OFFICER. There are 2 minutes equally divided. Who yields time? Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. ROBB. Mr. President, this amendment simply delays the effective date of the tax cut that is proposed. There are many who believe that a tax cut of this magnitude at this time would be ludicrous. But that is not the issue. The issue is whether or not we ought to go ahead with a tax cut notwithstanding the fact that we have not protected Social Security and Medicare. Most of the people who have spoken so far have talked about their concern for doing just that. The lockbox provisions were proposing to do just that. If you want to save Social Security and Medicare, this is an incentive. It will delay the implementation of the act, but it will not negate the effectiveness of the act. I ask that our colleagues vote to support this particular amendment, save the one-half of 1 percent of the total which would be expended this year, and not lock in cuts that would cost $792 billion, which would be almost impossible to reverse should that prove to be the case. The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON addressed the Chair. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, no one in this chamber thinks other than that we want a real, sound, solid, and solvent Social Security system and Medicare system. Most of us, however, realize we will only have that if we have fundamental reforms in those systems, such as that proposed by the Medicare commission at which the President scoffed. This amendment will serve to actually make Social Security and Medicare less sound. It will actually delay the process of real reform. The solvency dates that are used in this legislation are taken from the President's proposal and will invariably result in pouring more and more general revenues into these entitlement programs, delaying the day when we have to face up to the fact that we have to have fundamental reform. Our bill sets aside 75 percent of the surplus for Medicare, Social Security, debt retirement, and other spending priorities. With regard to the 25 percent remaining, there is no reason to delay tax cuts. If we saved every penny of the surplus, put it into Medicare and Social Security, it would not do one thing toward solving the fundamental problem. This language is not germane to the bill now before us; therefore, I raise a point of order, under section 305(b)(2) of the Congressional Budget Act of 1974. Mr. ROBB. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Congressional Budget Act in relation to the Robb amendment No. 1401. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 46, nays 54, as follows: [Rollcall Vote No. 229 Leg.] YEAS--46 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Snowe Torricelli Voinovich Wellstone Wyden NAYS--54 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Specter Stevens Thomas Thompson Thurmond Warner The PRESIDING OFFICER. On this vote the yeas are 46, the nays are 54. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the amendment falls. Mr. MOYNIHAN. Mr. President, I move to reconsider the vote. Mr. ROTH. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1405 (Purpose: To return to the taxpayers a portion of the budget surplus that they created with their tax payments) The PRESIDING OFFICER. Under the previous order, the Senator from Texas is recognized to offer an amendment. Mr. GRAMM. Mr. President, I send an amendment to the desk in the nature of a substitute for myself, for Senator Lott, Senator Nickles, Senator Mack, Senator Coverdell, Senator Craig, Senator McConnell, Senator Inhofe, Senator Hutchison, Senator Bunning, Senator Kyl, Senator Bob Smith of New Hampshire, Senator Allard, and Senator Hagel, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Texas [Mr. Gramm], for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. Coverdell, Mr. Craig, Mr. McConnell, Mr. Inhofe, Mrs. Hutchison, Mr. Bunning, Mr. Kyl, Mr. Smith of New Hampshire, Mr. Allard, and Mr. Hagel, proposes an amendment numbered 1405. Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S9654]] (The text of the amendment is printed in today's Record under ``Amendments Submitted.'') Mr. GRAMM. Mr. President, I have the highest admiration for the chairman of the Finance Committee. I am supportive of the tax cut he has crafted in committee. I intend to vote for it on final passage if this amendment fails. But I believe we need a clearer vision. I believe we need to define very precisely what we would like to use this tax cut to do, rather than running around trying to stick a nickel in everybody's pocket with a targeted program. I would prefer to have a tax cut that has clear themes and this is a very simple substitute because it consists of simply five things. So this is a tax cut that you can explain to every American, and it contains basic principles that I believe every American can understand and support. The first principle is we ought to have an across-the-board tax cut of 10 percent. Now, I know our Democrat colleagues are going to jump up and down and say, first of all, that 32 percent of American families pay no income taxes, and so if you have an across-the-board tax cut, they will not get a tax cut. And that is right. Tax cuts are for taxpayers. If you don't pay taxes and we have a tax cut, you don't get a tax cut. Most Americans don't get food stamps; most Americans don't get TANF; most Americans don't get Medicaid because they don't qualify for those programs. If you don't pay taxes, you don't qualify for a tax cut. Our Democrat colleagues are obviously going to jump up and down and say that Senator Rockefeller, who pays 10 times as much taxes as I do, with a 10-percent across-the-board tax cut, will get 10 times as big a tax cut. That is right, but he pays 10 times as much taxes. If you ask people in your church to take up money to build a new parsonage and it turned out you had taken up too much money, and you decided to give it back, isn't the logical way to give it back to simply take how much an individual gave and take the amount that you didn't need and give it back to them proportionately? So the point is, the first principle we believe in is there ought to be an across-the-board tax cut, so every American who pays income taxes will get a tax cut. Now, our Democratic colleagues have said they believe if you are rich, which means you are in the upper half of the income distribution--and they design that as roughly making somewhere around $50,000--you don't deserve a tax cut. In their proposal, you basically don't get one. I want to remind my colleagues that by excluding people who pay 99 percent of the income taxes in America, they are excluding from a tax cut 62 percent of all homeowners, 66 percent of all Americans between the ages of 45 and 64, 67 percent of all families who have children in their homes, 67 percent of all full- time workers, 68 percent of all Americans who have some college education, 69 percent of all married couples, and 80 percent of all two-wage earner families in America. Our Democrat colleagues love investment, but they hate investors. They love the benefits of capitalism, but they hate capitalists. An across-the-board tax cut gives everybody a tax cut, and if people pay a lot of taxes, they get a bigger tax cut--not proportionately, but they get the same tax cut. If that offends you, if you believe that somehow people who make over $50,000 a year are the enemies of the people and they ought to continue to be punished, you would want to be against this provision. The next thing this provision does is it eliminates the marriage penalty. Most Americans are not aware of that because our Tax Code is so perverted, if two young people, both of whom work, fall in love and get married, they, on average, pay the Federal Government $1,400 a year in taxes for the right to be married. My wife is worth $1,400, but the point is, she ought to get the money, not the Government. We eliminate the marriage penalty. Secondly, we have income splitting. Now, I know some of our Democrat colleagues are going to get up and say, well, look, if the husband earns all the money and the wife stays at home and raises the children, they ought not to get the correction for the marriage penalty. Well, we do income splitting. We have decided we don't want to inject the Tax Code in the decision about whether people work outside the home or not. My mama worked every day that I was a child, and she did it because she had to do it. My wife has worked every day that our children have been alive because she wanted to do it. I am not trying to distort the decision one way or another, or make a judgment. All I am saying is that people who stay at home and raise their children contribute to America. They make a big contribution. By allowing a couple, where only one of them works outside the home, to split their income and attribute half to each one of them--that is what the partnership of marriage is about--we are able to give them a substantial reduction in the penalty they pay for being married. The next provision is, we repeal the death tax, which is a certain kind of death penalty. I like the death penalty where we put murderers to death. I don't like the death penalty when working people die and we end up forcing their children to sell their business or their farm. All over America, people work a lifetime to build up a business or a farm, and then when they die, their children have to sell that business or sell that farm to give Government 55 cents out of every dollar they earned in a death tax. This provision repeals the death tax. Now, I know that our Democrat colleagues are going to get up and say, well, these are rich people. But I want to give you an example. When I first met a printer from Mexia named Dicky Flatt, I met him about 25 years ago. He was in business with his daddy, who worked on these old calculator machines that businesses use. His mama kept all the books, his wife basically was working in their stationery shop, and Dicky Flatt did the printing business. They had an old building in Mexia, and it was cracking right down the middle. They kept putting sand in the bottom and kept tar-papering over the top. They had one bathroom, and it didn't have a door on it; it had a curtain on it. So when you went in to use the bathroom, you pulled the curtain. Now, they worked hard in that business. So now Dicky Flatt has torn down that building. He has built a Morton building, a metal building, and he has a good size print shop and stationery shop. He sent his two sons to Texas A They have come back and have gone into business with him. He works every day. He gets in at 6 and leaves about 8. He is there on Saturday until 6 o'clock. Whether you see him at the PTA, Boy Scouts, or the Presbyterian Church, try as he may, he never gets that blue ink off the ends of his fingers. Now, Dicky Flatt may be rich, for all I know. He doesn't live like a rich guy. When his brother died of cancer, he took over his school supply business with his wife. My basic point is that Dicky Flatt and Linda, his wife, have worked 6 days a week their whole lives. They built up this business. Every penny they put into it has been in after- tax dollars. How can it be right to force their two boys, who now work in that business, to sell that business when Dicky and his wife Linda die in order to give the Government 55 percent of it, in order to take the money from Dicky Flatt and give it to people who have been sitting on their fannies in Mexia, not working on Saturday, and in some cases, not working at all? I am sure we are going to hear that this is for rich people. I want to put a human face on it. When we revolted against King George, he wasn't doing things such as the death tax. This is an outrage. This is an assault on every value this country stands for, and I want to repeal it and repeal it outright. I want to index the capital gains tax. That is the fourth provision of this bill. I want to say that from this day forward, if you buy a house as an investment and the price doubles and you sell the house for twice as much as you paid for it, you haven't made any money, you simply kept up with inflation. But under current tax law, you have to pay the Federal Government a capital gains tax on the doubling of your house's price even though that new price will buy only the amount of goods you could have bought with the money for which you bought the house. So the next thing we do is index the capital gains tax for inflation. Finally, we eliminate not the last outrage in the Tax Code but it is a big [[Page S9655]] outrage. If General Motors buys you health insurance, it is tax deductible for them, but if you buy it for yourself, it is not tax deductible. We eliminate that by saying that no matter who buys health insurance in America, the employer or the employee, a retiree or a worker, a homemaker or someone who is employed in the economy, that health insurance is tax deductible. It is a simple tax cut that you can put on one piece of paper. If you pay taxes, you are going to get a 10-percent reduction in income taxes out of this bill. It is easy to figure. If you pay $1,000 in income taxes, you are going to get $100. If you pay $10,000, you are going to get $1,000. If that breaks your heart, so be it. I think most people will like it. Second, we eliminate the marriage penalty and we allow income splitting. If you have one parent who stays at home, you are able to divide the income in half and have each of them claim half that income that belongs to them. This is endorsed by every family group in America because it is the right thing to do. We repeal the death tax outright over a 10-year period--no ifs, ands, or buts. If you live 10 more years, under this bill, and you build something with after-tax dollars, it belongs to your family forever. That is simple arithmetic. I think we can all understand it. We index the capital gains tax so that you never pay capital gains tax again on inflation. This is a big issue for every homeowner and for every investor in America. Finally, we provide full deductibility of health insurance. This is an equity issue. It is something that ought to be done. This is a tax cut you can understand. It represents what I believe is the vision of the party of which I am proud to be a member. I hope my colleagues will vote for this substitute. I believe it represents a dramatic improvement and simplification in the Tax Code. I reserve the remainder of my time. The PRESIDING OFFICER (Mr. Allard). Who yields time? The Senator from Montana. Mr. BAUCUS. Mr. President, I yield 1 minute to the Senator from California and then 10 minutes to the Senator from Wisconsin, off the bill. The PRESIDING OFFICER. The Senator from Delaware controls the time in opposition. Mr. BAUCUS. The Senator from Delaware delegated that to the Senator from Montana. The PRESIDING OFFICER. The Chair thanks the Senator for that clarification. The Senator from California is recognized. Mrs. BOXER. Thank you, Mr. President. I thank Senator Baucus. My colleague from Texas says the Democrats hate investors and the Democrats hate capitalism. As a former stockbroker, I deeply resent his remarks. Maybe when the Senator from Texas was a Democrat he hated capitalism and he hated investors, but the Democrats around here don't. One of the reasons we are not supporting his amendment is that we think it is bad for capitalism and we think it is bad for investors. I have to say that this amendment, which reflects what the House did, is a risky and radical amendment. It hurts the middle class. He says he loves the middle class. He talks about his momma and Dicky Flatt. And I love to hear him do it. But the bottom line is, the result of his amendment will hurt the very people he says he wants to help because it is such an unfair tax cut that would go to the very wealthiest and hurt the middle class and the working poor. I say to my friends who may be listening to this debate, the Senator from Texas is a great debater but he was wrong when he said the Clinton plan would lead to economic disaster and he is wrong today. I hope we will vote down his amendment. I yield my time. The PRESIDING OFFICER. The Senator from Wisconsin. Mr. FEINGOLD. Mr. President, I thank the Senator from Montana. Mr. President, I rise to offer some comments on the reconciliation tax measure we are considering. First, let me note that we have come a long way in the last seven years. When I first came to the Senate, we were facing an actual budget deficit of $340 million. That was the real figure--the figure that did not use the Social Security Trust Fund balances to mask the deficit. Thanks in large part to the President's deficit reduction package in 1993, and to a lesser extent the bipartisan budget cuts of 1997, we are approaching a truly balanced budget. I emphasize `'approaching,'' Mr. President, for we are not there yet. The budget projections of the Office of Management and Budget, and of the Congressional Budget Office, are just that--projections. We do not currently have a budget surplus, not without including the Social Security Trust Fund balances. Mr. President, I do not mean to minimize the wonderful budget turnabout that has been achieved. But we should not be building massive new commitments on a shaky foundation of questionable budget assumptions. And that is just what we have. The assumptions underlying the tax measure we will debate depend on Congress making cuts of $775 billion in real spending over the next ten years compared to current levels. Let me note that this level of cuts does not include any additional cuts that might have to be made in order to offset the cost of unanticipated emergencies. Let me repeat that, Mr. President. The $775 billion in real spending cuts over the next ten years does not include the spending we do to help the victims of hurricanes, earthquakes, tornadoes, floods, or any kind of international emergency. But, for the moment, let us suppose that there will be no hurricanes, or earthquakes, or tornadoes, or floods in the next ten years. Let us suppose that there will be no international emergencies that require our assistance. Will Congress find the political will to cut spending by three- quarters of a trillion dollars over the next ten years? Mr. President, Congress has yet to demonstrate it can stay even within the current spending caps, let alone find an additional three- quarters of a trillion dollars in cuts. Last fall, Congress passed an omnibus appropriations bill that busted the current spending caps by more than $20 billion. This past winter, even before we passed a budget resolution, the Senate passed another budget buster, S. 4, the military pay and retirement measure, which over the next ten years would add another $62 billion in spending. And just a few weeks ago, Congress busted the spending caps yet again with $15 billion in additional spending. Mr. President, this is not a record of fiscal discipline. Nor is it the kind of record that should give anyone confidence that the budget assumptions underlying this tax bill are sound ones. Mr. President, the assumptions underlying this tax bill are grounded not in fiscal reality but in political expediency. But, let us assume that somehow, Congress was able to enact the three-quarters of a trillion dollars in spending cuts. And let us further assume, as we did earlier, that there will be no hurricanes, or floods, or earthquakes, or drought, or any other kind of natural disaster for the next ten years. And that there will be no more Bosnias or Kosovos or Iraqs--no international emergencies of any kind for the next ten years. Even under all of these assumptions, would this tax proposal be a sound one? The answer is no, because even if each and every one of those rosy scenarios comes true, this bill would use over $75 billion in Social Security balances to pay for the tax breaks. Mr. President, I strongly oppose using Social Security to fund tax cuts; that is why I voted against the 1997 tax cut package. We simply should not be using Social Security balances--balances needed to pay future benefits--to fund other government programs, or to pay for tax cuts. Of course, some may argue that even more spending cuts will be found in order to avoid the use of Social Security balances--on the top of the three-quarters of a trillion dollars in cuts assumed in this measure. [[Page S9656]] Mr. President, granting even this still rosier scenario, would this tax measure be fiscally responsible? I regret that it would not, because not only does this tax bill risk our current budget, it puts future generations at risk as well. Mr. President, while the revenue impact of any tax cut measure can be expected to grow over time, the policies outlined in this measure explode. Consider that while in the next ten years, the cost of this proposal is an already whopping $800 billion--if those tax policies are continued, the cost in the second ten years will be a nearly unbelievable $2 trillion. If you add the additional interest payments that will arise from debt service, the total cost of the tax policies in this bill rise to over $3 trillion. For those who may have forgotten, let me remind my colleagues that it is in that second ten years when the baby boomer generation begins to retire and put increased pressure on Social Security, Medicare, and the long-term care services provided under Medicaid. If ever there were a time to be prudent, now is the time. As improved as the short-term budget picture is, the longer-term budget picture is little changed. We still face serious problems in Medicare, and as I noted, the baby boomer generation will put enormous pressure on that program, as well as on the long-term care services, many of which are provided through Medicaid. There is also a consensus that we should address the long-term fiscal health of Social Security, and the sooner the better. And finally, Mr. President, we still face a mountain of debt that was run up during the 1980s and early 1990s because of the deficits that were run up during that time. In each of these areas, there is a stark choice: we can act now to address each of these areas; or, we can ignore them, watch the problems get much worse, and leave the work and cost of reform to our children and grandchildren. Mr. President, for me, that's an easy choice. I do not want my children footing the bill for the failure of past generations to act responsible. I want to support a tax cut, but not one that jeopardizes the work we have done to straighten out the current budget and squanders the opportunity to reduce our debt and put Social Security, Medicare, and our long-term care system on sound footing. Mr. President, let me take a moment to look at the make-up of the tax measure itself. One might expect that a tax cut of $800 billion would provide the sort of broad-based tax benefits that would be politically attractive. But given the amount of revenue dedicated to this tax cut, the benefits to the average taxpayer are surprisingly small, and the overall package is heavily skewed to some of the wealthiest individuals and corporations in the world. As was noted by the tax watchdog group Citizens for Tax Justice, the tax bill gives three-quarters of its benefits to the best-off fifth of all taxpayers. By contrast, only 11 percent of the tax bill's benefits go to the bottom 60 percent of all taxpayers. While the average tax reduction for the wealthiest 1 percent of taxpayers--those with incomes over $300,000--is over $23,000 a year under this bill, those with more average income do not do quite as well. The average tax cut for those who are among the middle fifth of taxpayers will be $279, or about $5 per week. For those in the bottom three-fifths of all taxpayers, the average tax cut is even smaller--about $140 per year, or less than $3 per week. Mr. President, under this $800 billion tax bill, the majority of taxpayers will have an average tax cut of $3 per week. Maybe the proponents of this bill are hoping most of America will use this windfall to buy one of those overpriced cups of coffee. Well, Mr. President, thanks to this tax bill, once a week, three- fifths of America will now be able to go to one of those fancy coffee shops and get a frothy decaf cappuccino latte with skim milk. This tax bill is a bad tax policy any way you brew it. Mr. President, I recognize that some may genuinely believe we should dedicate about $800 billion to tax cuts over the next ten years. The tragedy is that even in that context, the $800 billion was spent unwisely, because in addition to Social Security, Medicare, long-term care, and reducing our national debt, one of our highest priorities should be significant reform of our tax code. It was just a few months ago that we heard how critical fundamental tax reform was to our future. Flat tax, consumption tax, a national value-added tax--there were a number of significant proposals that sought to address the inefficiency of our current Tax Code. Simplification was the order of the day, and let me add, Mr. President, that while I did not support many of those proposals, I think many of the proponents of reform got it exactly right. Our Tax Code should be simplified. We should reduce the number of special interest tax breaks and use that savings to lower the tax rates for everyone. I participated in just that kind of exercise at the State level as chair of the Taxation Committee in the Wisconsin State Senate. As we all know, there will be winners and losers in a reform of our tax code, and I can tell you from direct experience that the best time to enact tax reforms is when you have additional resources to help increase the number of winners and decrease the number of losers. Mr. President, this tax bill and the House version both squandered that opportunity as well. We might have had a significant start on real tax reform. Instead, we got a grab bag of goodies for special interests added to a tax code already thick with complexity. A recent article in the Washington Post listed a number of the special interest tax breaks in this bill and the House version. They include tax breaks for: multinational corporations, utility companies, railroad, oil and gas operators, timber companies, the steel industry, seaplane owners in Alaska, sawmills in Maine, barge lines in Mississippi, Eskimo whaling captains, and Carolina woodlot owners. This bill is a dream come true for business lobbyists. The Post reported one lobbyist as saying, ``If you're a business lobbyist and couldn't get into this legislation, you better turn in your six-shooter.'' Mr. President, in the name of complete disclosure, let me note that I understand the Democratic alternative, which I may support, suffers from the same problem, though to a much lesser extent. And it will come as no surprise to my colleagues that I firmly believe this kind of pandering to special interests is a direct result of our campaign finance system. There's ample evidence to that effect right here in this bill. The campaign finance system gives wealthy interest an open invitation to influence legislation in this body, and in this bill it's clear that special interests accepted that invitation in droves, Mr. President. For the benefit of my colleagues and the public, I'd like to share just a few examples of what these interests gave in PAC and soft money, and what they got in either this bill, the House tax measure, or both. I do this from time to time; it is known as ``The Calling of the Bankroll.'' According to the Washington Post, an umbrella organization called the Coalition of Service Industries, a coalition of banks and securities firms, won a provision to extend for five years a temporary tax deferral on income those industries earn abroad. The value of this tax deferral: $5 billion over ten years. So we know what Congress has given the Coalition of Service Industries, but what has the Coalition of Service Industries given to candidates and the political parties? During the 1997-1998 election cycle, coalition members gave the following: Ernst & Young--more than half a million dollars in soft money, and nearly $900,000 in PAC money. CIGNA Corporation--more than $335,000 in soft money, and more than $210,000 in PAC money. [[Page S9657]] American Express--more than $275,000 in soft money and nearly $175,000 in PAC money. Deloitte and Touche--more than $225,000 in soft money and more than $710,000 in PAC money. Of course, as I said Mr. President, this is just a sampling of what Coalition of Service Industries members have given. I'd be up here a lot longer if I had a document all the millions of dollars these groups have given. But it doesn't stop there. These two tax bills mean Christmas in July for special interests, Mr. President, with gifts for jut about every industry in Santa's bag. The post reports the utility industry got a provision affecting utility mergers in the House measure, which, if it survives, is worth more than $1 billion to the utility industry. The provision would excuse the payment of taxes on the fund that utilities set up to cover the costs of shutting down nuclear power plants. Utilities companies that operate nuclear power plans would be particularly grateful to see this provision passed, Mr. President. Their depth of their gratitude would be matched only by the size of their campaign contributions during the last election cycle, including: Entergy Corporation, which gave $228,000 in soft money and nearly $250,000 in PAC money; Commonwealth Edison, which gave $110,000 in soft money and more than $106,000 in PAC money; And Florida Power and Light, which gave nearly $300,000 in soft money and more than $182,000 in PAC money. As it does so many other issues, our campaign finance system is preventing real reform to our tax code, and those who doubt that only need to look at this bill. Mr. President, the best thing we can say about this tax bill is that it will not be enacted into law. The President will almost surely veto it, and he will be right in doing so. This bill is fiscally irresponsible. It depends on budget suppositions that are at best fanciful. It uses Social Security balances to pay for tax cuts. It proposes a tax policy that no only jeopardizes our current budget but our future fiscal health. It sticks our children and grandchildren with the cost of paying-off the debt run up over the past two decades, and leaves them the task of extending the solvency of Social Security, strengthening Medicare, and reforming our long-term care system. And it hands our special interest tax breaks galore while providing little tax relief to the vast majority of taxpayers. Mr. President, I will vote against this bill, and urge my colleagues to do so as well. Mr. President, I yield the floor. Mr. BAUCUS. Mr. President, I yield 5 minutes to my good friend from Delaware, Senator Roth. Mr. ROTH. Mr. President, Senator Gramm has provided Members with a straightforward alternative to the bipartisan Finance Committee bill. I compliment him on the clarity of his approach, much of which I favor. Although provisions of Senator Gramm's substitute have appeal for me, frankly, I could not have used it as a basis for the Finance Committee. His proposal contains elements that would not garner a majority of committee members. In addition, Senator Gramm's substitute, though popular with many in the Senate Republican caucus, would not pick up support on the other side of the aisle. For that reason, his proposal would not be a blueprint for tax cuts, in the form of a signable bill, that we can deliver to the American people now. Finally, although Senator Gramm's amendment is simpler, it leaves out many bipartisan tax measures that address important tax issues. For instance, education savings incentives are deleted. This means parents who want to save for a child's college education would be left out of the picture. We're talking about millions of parents and students in every state. Yet another example is the student loan interest deduction. Under the Finance Committee bill, at least three million graduates, bearing the burden of college debt, would be allowed to deduct student loan interest on their tax returns. In my legislation I try to focus on matters of need to the American family. I provide incentives to promote savings, pensions, IRAs. Many in retirement depend not only on Social Security, which we will address, but also on personal savings and pensions. My bill addresses that. There is nothing to correct the problems of AMT, the alternative minimum tax. Unfortunately, thousands upon thousands of American families will be hit by AMT and not enjoy the full benefit of many programs such as the child tax credit. Finally, nothing is done with respect to charitable giving. We have proposals that will promote and create incentives. For these and other reasons, I must oppose Senator Gramm's well- intentioned amendment. I reserve the remainder of my time. Mr. BAUCUS. Mr. President, I yield myself such time as I might consume. The Finance Committee has already rejected this provision. The Finance Committee deliberated this amendment in committee, and, by a large margin turned it down because it is excessive. It is irresponsible, in my judgment. It is not the right thing to do. It says we are going to take the entire on-budget surplus. And because of the tax cut plus the lost interest on the debt, there is nothing left for Medicare, discretionary spending or any other programs which will be cut anyway by a very large margin. It is excessive, too, compared to the bill passed by the committee because it is so backloaded. It is so top heavy. By that, I mean the bulk of the cost of the provisions are at the very end--6, 7, or 8 years from now. No one can predict the future of this country and what position we will be in 6 to 8 years from now. I was speaking to the CEO of a major American company a few days ago, a man we all know, a company we all know very well. He told me they can't begin to plan for the future. They do have 5-year plans but they know the 5-year plans are not going to be accurate. So they have to just do the best they can on virtually a quarterly basis. They have to go ahead in the areas they think are the areas of the future, but it is almost impossible to plan in this modern era. So I say, if we today were to lock in provisions in the law which will hemorrhage this country's budget surplus based upon ephemeral, distant projections which are never accurate, that is not responsible. That is not the right thing to do. And that is what this amendment does. That is why basically, fundamentally, without going into all the details of it, why this does not make sense. It has often been stated during this debate that the time when the baby boomers begin to retire is when these things really start to kick in and the costs explode. I think prudence is the watchword here today. History sometimes is a guide. Look at the 1980s. What happened in the 1980s? There was a huge tax cut. Congress succumbed to the siren song of supply side economics. What was supply side economics supposed to do? It was supposed to make deep tax cuts, spend more on defense, and guess what, folks, that is going to cause the budget to be balanced. That was what supply side economics was supposed to do--advocated, by the proponents of this amendment. It was going to balance the budget. The theory is the trickle down theory: Cut the taxes of the most wealthy, they invest a lot more, it trickles down and the economy starts humming and it balances the budget. That was the Laffer curve. Guess what, it did not work. We kind of knew it was not going to work, but it was such a temptation, such a siren song to vote these huge tax cuts, hoping, hoping, hoping that what the proponents said would come true. Guess what, it did not. It did not come true at all. The tax cut was passed in 1981. Then what happened in 1982? This Congress, a Republican Congress, and President Reagan, had to change course. They had to raise taxes. The Republican Congress and Republican President raised taxes in 1982. Then guess what. This tax increase was not enough because the deficits were just so large. The Republican Congress and Republican President had to raise taxes again in 1984. They had to raise taxes more because the deficit was so large. The national debt in 1980 was roughly about [[Page S9658]] $1 trillion; 8 years later it was roughly $3 trillion, maybe close to $4 trillion. It tripled and quadrupled during that time of the huge tax cuts. Then we had to add more taxes back again in 1982 and 1984. So, in many ways this is history repeating itself. Democrats in the Senate support a tax cut. We support using a third of the on-budget surplus to pay for a tax cut. But we are just saying don't use all of the on-budget surplus for tax cuts with virtually all going to the most wealthy Americans. Do you know what else is going on here? I do believe the proponents of this bill are so--not distrustful, but so opposed to Government that they want these huge tax cuts partly to force down deeper cuts, way below the baseline in spending. I think they want to cut veterans' benefits 30 percent; they want to cut health education 20, 30 percent; want to cut these programs. I think there are really many on that side who want to make these cuts. They want to. As strange as that might sound, they want to. That is another reason for this huge tax cut because it will force cuts in spending later on. We have already cut spending. Discretionary spending has been cut so much by this body over the last 10 years it is unbelievable. And the size of government has gone down, with many fewer federal employees than there were years ago. To sum it all up, we have seen this provision in the Finance Committee. The Finance Committee soundly rejected this amendment. I urge the Senate to also soundly reject this amendment. It is not good policy. I reserve the remainder of our time. The PRESIDING OFFICER. The Senator from Texas. Mr. GRAMM. Mr. President, I yield 10 minutes to the distinguished Senator from Tennessee. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, I think Senator Gramm is bringing a very important principle to the table, one that we need to address: If we are going to have a tax cut, what kind of tax cut should we have? What is best for the economy, and what is fair? There was a consensus in this country, 10, 15 years ago, that we needed to have a tax policy based upon a broader base and lower rates. That is essentially the tax bill that came out in 1986. We came down to two tax rates. We had a 15-percent and a 28-percent tax rate. There was a broader base, where more people were paying taxes, but lower rates. In the 1990s, we have gotten away from that. We have gotten away from that principle and gone, instead, toward what has been referred to as targeted tax cuts. That its basically the Government--we, the President--that decide, on an individual basis, who deserves the tax break or tax cut in any particular year. Usually it is based upon how much clout they have, or some notions of fairness of a particular congressional makeup at some particular time. So now we have wound up with higher rates and a narrower base. We now have five income tax rates instead of the two we had back in 1986 in addition to phaseouts. The Tax Code, not only do we have additional rates, it has become more progressive, even in addition to those rates. I do not think a lot of people are aware of this. I think most Americans think initially, basically, they can look at tax rates and see what their tax burden is. But then you look at all the phaseouts that we have. Congress has decided in its wisdom that people of a certain income level do not deserve some of the deductions, exemptions, and benefits that others deserve. So we have a personal exemption phaseout. We have an itemized deduction phaseout at basically the $124,000 level for individuals. I am talking about individuals and not couples, in terms of the dollar amounts I am using. The personal exemption phaseout; itemized deduction phaseout, limitation of only being able to deduct that amount over 2 percent of itemized deductions; a 7.5 percent floor on medical deductions; a 10 percent adjusted gross income floor on casualty deductions; a $500 child credit that phases out at an income level of $75,000; a dependent child credit that begins to be phased out at an income level of $10,000--if you make that much it begins to be phased out; a deductible IRA, $30,000; an education IRA, $95,000; the HOPE credit, college credit, begins to be phased out at $40,000 for an individual. So we want to help you go to college, we want to help your kids go to college--as long as you do not have a job, basically is what that amounts to. We have a life-time learning credit of $40,000; student loan interest deductions, at $40,000 it begins to be phased out; education savings bond interest--if you make $52,000 you begin to lose that; elderly/ disabled credit, $7,500; adoption credit/exclusion, $75,000; DC first time homebuyer--if you make $75,000, you begin to have that phased out as a taxpaying individual; rental real estate losses; rehabilitation tax credit--on and on and on. In addition to continuing to raise the tax rate--the highest one in 1986 was 28 percent and now it is up to 39.6 percent plus the maximum-- plus the limited itemized deductions and phaseout of personal exemptions, you wind up with an effective rate of over 40 percent. When you remove the cap on Medicare tax, plus these phaseouts, you are looking at, in some cases, close to an effective 45-percent tax rate, something like that. My only point is that, as we decide how to go forward, we need to understand that we have a progressive system as far as our income Tax Code is concerned, and that is the way it ought to be. A lot of people believe it is that way. But every time we have a tax cut, we cannot say let's give everybody the same dollar amount back in taxes regardless of how much they paid in because we have a very progressive system. We have progressive tax rates up to 39.6 percent, with phaseouts so that if you are making any money, if people are working hard and making a pretty good living, they begin to lose the deductions and credits. That makes it even more progressive. We come along and say we are going to give a tax cut now, and we say if the other guy is paying twice as much in taxes as I am, give him a tax cut. He lost all these exemptions because he is making good money. He is paying twice as much in taxes. But we come along with a tax cut and we say they are going to both get the same amount back? I do not think that makes much sense. Let's say the economy was good and we were able to have successive tax cuts over a period of time and we gave the same dollar amount back to everybody regardless of how much they were paying in taxes. We would have a narrower and narrower base all the time and fewer and fewer people paying any taxes at all. We would continually be taking people off the tax rolls. We already have 43 million people who do not pay taxes. As progressive as our Tax Code is, as does the Senator from Texas, I make no apologies for the proposition that when it comes time for a tax cut, let's base the tax cut on how much people are paying in. We have to ask ourselves a fundamental question: Are we interested in punishing folks who make a good living or are we interested in collecting money for the Federal Government to pay legitimate Government expenses? History shows every time we have had a reduction in tax rates, we have more money. Every time the Government reduces rates in any appreciable amount, the Government winds up getting more money. In the 1920s, it was true. In the 1960s, under President Kennedy, who said a rising tide lifts all boats, it was true. In the much maligned 1980s, which laid the groundwork for the greatest economic prosperity this world has ever known, it was true. Increased revenues in the twenties was 61 percent over a 7-year period. In the sixties, a revenue increase after inflation was about 33 percent. In the eighties, after cutting the tax rates, revenues increased 28 percent because it reduced the incentive to hide income, to shelter income, and to underreport income. Similarly, the share of the tax burden paid by the rich rose dramatically as the rates fell. By cutting rates, we get more money out of the rich. Do we want to be concerned about how much somebody is making and try to hold that down or do we want the money for the Federal Government? I thought the idea was to have a fair Tax [[Page S9659]] Code but to raise the money for the legitimate expenses of the Federal Government. In the 1920s, they called rich $50,000. I guess things have not changed that much. But in 1921, the rich paid 44 percent of the income tax. In 1928, after the rate cut, they paid 78 percent of all taxes. The gap was not quite as pronounced later on, but in 1963 under President Kennedy, at the time of the cut, the rich were paying 11.6 percent of all the taxes being paid. In 1966, they were paying 15.1 percent. In the 1980s, we were talking about the top 10 percent---- The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON. I ask for another 3 minutes. Mr. GRAMM. I yield the Senator another 3 minutes. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. In the 1980s--1981--the rich were paying 48 percent of the taxes. In 1988, they wound up paying 57 percent of the taxes. We do not get a lot of credit taking up for the rich, but our responsibility as public servants is to look out for the country and have policies that are going to get the most money and not try to be too concerned about who is going to get this share of the economic pie: I am going to get yours; you are not going to get mine. Our concern should be with making that economic pie better. As far as an across-the-board cut is concerned, every serious observer nowadays thinks it is sound economic policy. Lawrence Lindsey, former Federal Reserve Board member, George Shultz, former Secretary of State, and even the oft quoted Chairman Greenspan--there may be some discussion as to when he thinks a tax cut should come about, but he says when it comes about, it ought to be an across-the-board rate reduction. This is sound economic policy. I know the prospects for this particular amendment, but all of this business about soak the rich and unfairness, we need to keep a little balance and keep things in mind. If we want more money, if we want to be fair--first of all, we have to recognize we have a very progressive system in this country, so when it comes time for a tax cut, let's pay some attention to the idea of across the board and not have politic

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TAXPAYER REFUND ACT OF 1999--Resumed
(Senate - July 29, 1999)

Text of this article available as: TXT PDF [Pages S9651-S9737] TAXPAYER REFUND ACT OF 1999--Resumed The PRESIDING OFFICER. The clerk will report the bill. The legislative assistant read as follows: A bill (S. 1429) to provide for reconciliation pursuant to section 104 of the concurrent resolution on the budget for fiscal year 2000. Pending: Abraham amendment No. 1398, to preserve and protect the surpluses of the social security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Baucus motion to recommit the bill to the Committee on Finance, with instructions to report back with an amendment to reduce the tax breaks in the bill by an amount sufficient to allow one hundred percent of the Social Security surplus in each year to be locked away for Social Security, and one- third of the non-Social Security surplus in each year to be locked away for Medicare; and an amendment to protect the Social Security and Medicare surplus reserves. Robb amendment No. 1401, to delay the effective dates of the provisions of, and amendments made by, the Act until the long-term solvency of Social Security and Medicare programs is ensured. Motion to Waive the Budget Act Amendment No. 1398 The PRESIDING OFFICER. The Senator from Nevada. Mr. REID. Mr. President, the pending amendment is not germane. I raise a point of order that the Abraham amendment violates section 305(b)(2) of the Congressional Budget Act of 1974. The PRESIDING OFFICER. The Senator from Michigan. Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment. Mr. GRAMM. I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? [[Page S9652]] There appears to be a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. There is 2 minutes of debate. Who yields time? Mr. REID. Mr. President, in a letter dated April 21, 1999, on a similar provision, then-Secretary of the Treasury Robert Rubin wrote to Senator Moynihan that this ``provision could preclude the United States from meeting its financial obligations to repay maturing debt and to make benefit payments--including Social Security checks--also worsen a future economic downturn.'' The lockbox in this proposal is potentially destabilizing in a manner reminiscent of the constitutional amendment to require a balanced budget. I remind those who propose rigid 10-year schedules for reducing the publicly held debt that economics does not follow the agricultural cycle. There will be periods when surpluses, both on and off budget, will fall far short of projections. We should not impose a debt reduction schedule, enforced by a declining debt cycle ceiling, even if it can be overridden with 60 votes. To do so will risk default every time the debt ceiling is lowered. Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act. The PRESIDING OFFICER. All time has expired. The question is on agreeing to the motion to waive the Budget Act. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 54, nays 46, as follows: [Rollcall Vote No. 227 Leg.] YEAS--54 Abraham Allard Ashcroft Bennett Bond Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner NAYS--46 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Roth Sarbanes Schumer Torricelli Wellstone Wyden The PRESIDING OFFICER (Mr. Frist). On this vote the yeas are 54, and the nays are 46. Three-fifths of the Senators present and voting, not having voted in the affirmative, the motion to waive the Budget Act is rejected. The point of order is sustained, and the amendment falls. Mr. ROTH. Mr. President, I ask unanimous consent that the remaining votes in this series be limited to 10 minutes in length, and I ask that all the Members of the Senate stay on the floor. We have a full and busy day. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BAUCUS. Mr. President, I move to reconsider the vote. Mr. REID. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege Of The Floor Mr. LEAHY. Mr. President, I ask unanimous consent that Peter McDougall of my staff be given floor privileges throughout the day. The PRESIDING OFFICER. Without objection, it is so ordered. Motion To Recommit The PRESIDING OFFICER. The question is on the Baucus motion. Mr. BAUCUS. Mr. President, I understand each side has 1 minute of explanation. The PRESIDING OFFICER. The Senator is correct. Mr. BAUCUS. Mr. President, this is a very simple matter before the Senate. It is a choice: Do we want to protect Medicare or not. It is that simple. That is the choice that we are presented with today. The amendment I am offering is the House lockbox which passed the House by an overwhelming margin--it only had three or four votes against it--along with the Medicare lockbox. The Medicare lockbox we provide sets aside one-third of the on-budget surplus for Medicare. It can be used in whatever way we want to use it for Medicare, including to provide an affordable prescription drug benefit or for shoring up Medicare solvency. That is the choice before the Senate. Do we preserve Medicare or not. Our choice here today, however, is nothing compared to another choice. That is the choice that about 16 million seniors must make every day: Do I choose to buy my medicine, choose to pay the rent, or choose to buy food? We are saying set aside and preserve for Medicare one-third of the on-budget surplus so that the choices facing seniors are not quite as abhorrent. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. Mr. President, this is another opportunity on the part of the other side to propose to the American people that they want anything but tax relief. This is a motion to recommit. It would do nothing to protect Medicare. It is the President's proposal, which is a phony transfer of IOUs to the Medicare trust fund. It does nothing to help senior citizens. It is just an effort to lock up $300 billion so you can't give the American people a tax cut, plain and simple. They don't want to confront the issue of a lockbox for Social Security so they muddle it up and instead of trying to solve something, they would like to create an issue instead of a solution. Frankly, there are hardly any experts in America who look at this lockbox concept for Medicare and say it helps the seniors or it helps Medicare. If this is the plan the President is alluding to across this land, then he has none. I believe, since the other side did not let us have a vote, we ought to do ours procedurally also, and I am compelled to do that. Therefore: The language in this amendment is not germane to the bill before us, so I raise a point of order under section 305(b)(2) of the Congressional Budget Act. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, pursuant to section 904 of the Budget Act, I move to waive the applicable sections of that act for the consideration of the pending amendment. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Budget Act in relation to the Baucus motion to recommit S. 1429. The yeas and nays have been ordered. The clerk will call the roll. The legislative assistant called the roll. The yeas and nays resulted--yeas 42, nays 58, as follows: [[Page S9653]] [Rollcall Vote No. 228 Leg.] YEAS--42 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Inouye Johnson Kennedy Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Torricelli Wellstone Wyden NAYS--58 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hollings Hutchinson Hutchison Inhofe Jeffords Kerrey Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 58. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the motion falls. The PRESIDING OFFICER. The Senator from Delaware. Mr. ROTH. Mr. President, I move to reconsider the vote. Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH. Mr. President, I ask unanimous consent that all amendments and motions to recommit to S. 1429 must be filed by 2 p.m. today at the desk and with the bill managers. Mr. STEVENS. Reserving the right to object, what time was that? Mr. ROTH. Two p.m. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Amendment No. 1401 Mr. ROTH. Mr. President, I think we are ready for the vote on the next amendment. The PRESIDING OFFICER. There are 2 minutes equally divided. Who yields time? Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. ROBB. Mr. President, this amendment simply delays the effective date of the tax cut that is proposed. There are many who believe that a tax cut of this magnitude at this time would be ludicrous. But that is not the issue. The issue is whether or not we ought to go ahead with a tax cut notwithstanding the fact that we have not protected Social Security and Medicare. Most of the people who have spoken so far have talked about their concern for doing just that. The lockbox provisions were proposing to do just that. If you want to save Social Security and Medicare, this is an incentive. It will delay the implementation of the act, but it will not negate the effectiveness of the act. I ask that our colleagues vote to support this particular amendment, save the one-half of 1 percent of the total which would be expended this year, and not lock in cuts that would cost $792 billion, which would be almost impossible to reverse should that prove to be the case. The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON addressed the Chair. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, no one in this chamber thinks other than that we want a real, sound, solid, and solvent Social Security system and Medicare system. Most of us, however, realize we will only have that if we have fundamental reforms in those systems, such as that proposed by the Medicare commission at which the President scoffed. This amendment will serve to actually make Social Security and Medicare less sound. It will actually delay the process of real reform. The solvency dates that are used in this legislation are taken from the President's proposal and will invariably result in pouring more and more general revenues into these entitlement programs, delaying the day when we have to face up to the fact that we have to have fundamental reform. Our bill sets aside 75 percent of the surplus for Medicare, Social Security, debt retirement, and other spending priorities. With regard to the 25 percent remaining, there is no reason to delay tax cuts. If we saved every penny of the surplus, put it into Medicare and Social Security, it would not do one thing toward solving the fundamental problem. This language is not germane to the bill now before us; therefore, I raise a point of order, under section 305(b)(2) of the Congressional Budget Act of 1974. Mr. ROBB. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Congressional Budget Act in relation to the Robb amendment No. 1401. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 46, nays 54, as follows: [Rollcall Vote No. 229 Leg.] YEAS--46 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Snowe Torricelli Voinovich Wellstone Wyden NAYS--54 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Specter Stevens Thomas Thompson Thurmond Warner The PRESIDING OFFICER. On this vote the yeas are 46, the nays are 54. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the amendment falls. Mr. MOYNIHAN. Mr. President, I move to reconsider the vote. Mr. ROTH. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1405 (Purpose: To return to the taxpayers a portion of the budget surplus that they created with their tax payments) The PRESIDING OFFICER. Under the previous order, the Senator from Texas is recognized to offer an amendment. Mr. GRAMM. Mr. President, I send an amendment to the desk in the nature of a substitute for myself, for Senator Lott, Senator Nickles, Senator Mack, Senator Coverdell, Senator Craig, Senator McConnell, Senator Inhofe, Senator Hutchison, Senator Bunning, Senator Kyl, Senator Bob Smith of New Hampshire, Senator Allard, and Senator Hagel, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Texas [Mr. Gramm], for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. Coverdell, Mr. Craig, Mr. McConnell, Mr. Inhofe, Mrs. Hutchison, Mr. Bunning, Mr. Kyl, Mr. Smith of New Hampshire, Mr. Allard, and Mr. Hagel, proposes an amendment numbered 1405. Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S9654]] (The text of the amendment is printed in today's Record under ``Amendments Submitted.'') Mr. GRAMM. Mr. President, I have the highest admiration for the chairman of the Finance Committee. I am supportive of the tax cut he has crafted in committee. I intend to vote for it on final passage if this amendment fails. But I believe we need a clearer vision. I believe we need to define very precisely what we would like to use this tax cut to do, rather than running around trying to stick a nickel in everybody's pocket with a targeted program. I would prefer to have a tax cut that has clear themes and this is a very simple substitute because it consists of simply five things. So this is a tax cut that you can explain to every American, and it contains basic principles that I believe every American can understand and support. The first principle is we ought to have an across-the-board tax cut of 10 percent. Now, I know our Democrat colleagues are going to jump up and down and say, first of all, that 32 percent of American families pay no income taxes, and so if you have an across-the-board tax cut, they will not get a tax cut. And that is right. Tax cuts are for taxpayers. If you don't pay taxes and we have a tax cut, you don't get a tax cut. Most Americans don't get food stamps; most Americans don't get TANF; most Americans don't get Medicaid because they don't qualify for those programs. If you don't pay taxes, you don't qualify for a tax cut. Our Democrat colleagues are obviously going to jump up and down and say that Senator Rockefeller, who pays 10 times as much taxes as I do, with a 10-percent across-the-board tax cut, will get 10 times as big a tax cut. That is right, but he pays 10 times as much taxes. If you ask people in your church to take up money to build a new parsonage and it turned out you had taken up too much money, and you decided to give it back, isn't the logical way to give it back to simply take how much an individual gave and take the amount that you didn't need and give it back to them proportionately? So the point is, the first principle we believe in is there ought to be an across-the-board tax cut, so every American who pays income taxes will get a tax cut. Now, our Democratic colleagues have said they believe if you are rich, which means you are in the upper half of the income distribution--and they design that as roughly making somewhere around $50,000--you don't deserve a tax cut. In their proposal, you basically don't get one. I want to remind my colleagues that by excluding people who pay 99 percent of the income taxes in America, they are excluding from a tax cut 62 percent of all homeowners, 66 percent of all Americans between the ages of 45 and 64, 67 percent of all families who have children in their homes, 67 percent of all full- time workers, 68 percent of all Americans who have some college education, 69 percent of all married couples, and 80 percent of all two-wage earner families in America. Our Democrat colleagues love investment, but they hate investors. They love the benefits of capitalism, but they hate capitalists. An across-the-board tax cut gives everybody a tax cut, and if people pay a lot of taxes, they get a bigger tax cut--not proportionately, but they get the same tax cut. If that offends you, if you believe that somehow people who make over $50,000 a year are the enemies of the people and they ought to continue to be punished, you would want to be against this provision. The next thing this provision does is it eliminates the marriage penalty. Most Americans are not aware of that because our Tax Code is so perverted, if two young people, both of whom work, fall in love and get married, they, on average, pay the Federal Government $1,400 a year in taxes for the right to be married. My wife is worth $1,400, but the point is, she ought to get the money, not the Government. We eliminate the marriage penalty. Secondly, we have income splitting. Now, I know some of our Democrat colleagues are going to get up and say, well, look, if the husband earns all the money and the wife stays at home and raises the children, they ought not to get the correction for the marriage penalty. Well, we do income splitting. We have decided we don't want to inject the Tax Code in the decision about whether people work outside the home or not. My mama worked every day that I was a child, and she did it because she had to do it. My wife has worked every day that our children have been alive because she wanted to do it. I am not trying to distort the decision one way or another, or make a judgment. All I am saying is that people who stay at home and raise their children contribute to America. They make a big contribution. By allowing a couple, where only one of them works outside the home, to split their income and attribute half to each one of them--that is what the partnership of marriage is about--we are able to give them a substantial reduction in the penalty they pay for being married. The next provision is, we repeal the death tax, which is a certain kind of death penalty. I like the death penalty where we put murderers to death. I don't like the death penalty when working people die and we end up forcing their children to sell their business or their farm. All over America, people work a lifetime to build up a business or a farm, and then when they die, their children have to sell that business or sell that farm to give Government 55 cents out of every dollar they earned in a death tax. This provision repeals the death tax. Now, I know that our Democrat colleagues are going to get up and say, well, these are rich people. But I want to give you an example. When I first met a printer from Mexia named Dicky Flatt, I met him about 25 years ago. He was in business with his daddy, who worked on these old calculator machines that businesses use. His mama kept all the books, his wife basically was working in their stationery shop, and Dicky Flatt did the printing business. They had an old building in Mexia, and it was cracking right down the middle. They kept putting sand in the bottom and kept tar-papering over the top. They had one bathroom, and it didn't have a door on it; it had a curtain on it. So when you went in to use the bathroom, you pulled the curtain. Now, they worked hard in that business. So now Dicky Flatt has torn down that building. He has built a Morton building, a metal building, and he has a good size print shop and stationery shop. He sent his two sons to Texas A They have come back and have gone into business with him. He works every day. He gets in at 6 and leaves about 8. He is there on Saturday until 6 o'clock. Whether you see him at the PTA, Boy Scouts, or the Presbyterian Church, try as he may, he never gets that blue ink off the ends of his fingers. Now, Dicky Flatt may be rich, for all I know. He doesn't live like a rich guy. When his brother died of cancer, he took over his school supply business with his wife. My basic point is that Dicky Flatt and Linda, his wife, have worked 6 days a week their whole lives. They built up this business. Every penny they put into it has been in after- tax dollars. How can it be right to force their two boys, who now work in that business, to sell that business when Dicky and his wife Linda die in order to give the Government 55 percent of it, in order to take the money from Dicky Flatt and give it to people who have been sitting on their fannies in Mexia, not working on Saturday, and in some cases, not working at all? I am sure we are going to hear that this is for rich people. I want to put a human face on it. When we revolted against King George, he wasn't doing things such as the death tax. This is an outrage. This is an assault on every value this country stands for, and I want to repeal it and repeal it outright. I want to index the capital gains tax. That is the fourth provision of this bill. I want to say that from this day forward, if you buy a house as an investment and the price doubles and you sell the house for twice as much as you paid for it, you haven't made any money, you simply kept up with inflation. But under current tax law, you have to pay the Federal Government a capital gains tax on the doubling of your house's price even though that new price will buy only the amount of goods you could have bought with the money for which you bought the house. So the next thing we do is index the capital gains tax for inflation. Finally, we eliminate not the last outrage in the Tax Code but it is a big [[Page S9655]] outrage. If General Motors buys you health insurance, it is tax deductible for them, but if you buy it for yourself, it is not tax deductible. We eliminate that by saying that no matter who buys health insurance in America, the employer or the employee, a retiree or a worker, a homemaker or someone who is employed in the economy, that health insurance is tax deductible. It is a simple tax cut that you can put on one piece of paper. If you pay taxes, you are going to get a 10-percent reduction in income taxes out of this bill. It is easy to figure. If you pay $1,000 in income taxes, you are going to get $100. If you pay $10,000, you are going to get $1,000. If that breaks your heart, so be it. I think most people will like it. Second, we eliminate the marriage penalty and we allow income splitting. If you have one parent who stays at home, you are able to divide the income in half and have each of them claim half that income that belongs to them. This is endorsed by every family group in America because it is the right thing to do. We repeal the death tax outright over a 10-year period--no ifs, ands, or buts. If you live 10 more years, under this bill, and you build something with after-tax dollars, it belongs to your family forever. That is simple arithmetic. I think we can all understand it. We index the capital gains tax so that you never pay capital gains tax again on inflation. This is a big issue for every homeowner and for every investor in America. Finally, we provide full deductibility of health insurance. This is an equity issue. It is something that ought to be done. This is a tax cut you can understand. It represents what I believe is the vision of the party of which I am proud to be a member. I hope my colleagues will vote for this substitute. I believe it represents a dramatic improvement and simplification in the Tax Code. I reserve the remainder of my time. The PRESIDING OFFICER (Mr. Allard). Who yields time? The Senator from Montana. Mr. BAUCUS. Mr. President, I yield 1 minute to the Senator from California and then 10 minutes to the Senator from Wisconsin, off the bill. The PRESIDING OFFICER. The Senator from Delaware controls the time in opposition. Mr. BAUCUS. The Senator from Delaware delegated that to the Senator from Montana. The PRESIDING OFFICER. The Chair thanks the Senator for that clarification. The Senator from California is recognized. Mrs. BOXER. Thank you, Mr. President. I thank Senator Baucus. My colleague from Texas says the Democrats hate investors and the Democrats hate capitalism. As a former stockbroker, I deeply resent his remarks. Maybe when the Senator from Texas was a Democrat he hated capitalism and he hated investors, but the Democrats around here don't. One of the reasons we are not supporting his amendment is that we think it is bad for capitalism and we think it is bad for investors. I have to say that this amendment, which reflects what the House did, is a risky and radical amendment. It hurts the middle class. He says he loves the middle class. He talks about his momma and Dicky Flatt. And I love to hear him do it. But the bottom line is, the result of his amendment will hurt the very people he says he wants to help because it is such an unfair tax cut that would go to the very wealthiest and hurt the middle class and the working poor. I say to my friends who may be listening to this debate, the Senator from Texas is a great debater but he was wrong when he said the Clinton plan would lead to economic disaster and he is wrong today. I hope we will vote down his amendment. I yield my time. The PRESIDING OFFICER. The Senator from Wisconsin. Mr. FEINGOLD. Mr. President, I thank the Senator from Montana. Mr. President, I rise to offer some comments on the reconciliation tax measure we are considering. First, let me note that we have come a long way in the last seven years. When I first came to the Senate, we were facing an actual budget deficit of $340 million. That was the real figure--the figure that did not use the Social Security Trust Fund balances to mask the deficit. Thanks in large part to the President's deficit reduction package in 1993, and to a lesser extent the bipartisan budget cuts of 1997, we are approaching a truly balanced budget. I emphasize `'approaching,'' Mr. President, for we are not there yet. The budget projections of the Office of Management and Budget, and of the Congressional Budget Office, are just that--projections. We do not currently have a budget surplus, not without including the Social Security Trust Fund balances. Mr. President, I do not mean to minimize the wonderful budget turnabout that has been achieved. But we should not be building massive new commitments on a shaky foundation of questionable budget assumptions. And that is just what we have. The assumptions underlying the tax measure we will debate depend on Congress making cuts of $775 billion in real spending over the next ten years compared to current levels. Let me note that this level of cuts does not include any additional cuts that might have to be made in order to offset the cost of unanticipated emergencies. Let me repeat that, Mr. President. The $775 billion in real spending cuts over the next ten years does not include the spending we do to help the victims of hurricanes, earthquakes, tornadoes, floods, or any kind of international emergency. But, for the moment, let us suppose that there will be no hurricanes, or earthquakes, or tornadoes, or floods in the next ten years. Let us suppose that there will be no international emergencies that require our assistance. Will Congress find the political will to cut spending by three- quarters of a trillion dollars over the next ten years? Mr. President, Congress has yet to demonstrate it can stay even within the current spending caps, let alone find an additional three- quarters of a trillion dollars in cuts. Last fall, Congress passed an omnibus appropriations bill that busted the current spending caps by more than $20 billion. This past winter, even before we passed a budget resolution, the Senate passed another budget buster, S. 4, the military pay and retirement measure, which over the next ten years would add another $62 billion in spending. And just a few weeks ago, Congress busted the spending caps yet again with $15 billion in additional spending. Mr. President, this is not a record of fiscal discipline. Nor is it the kind of record that should give anyone confidence that the budget assumptions underlying this tax bill are sound ones. Mr. President, the assumptions underlying this tax bill are grounded not in fiscal reality but in political expediency. But, let us assume that somehow, Congress was able to enact the three-quarters of a trillion dollars in spending cuts. And let us further assume, as we did earlier, that there will be no hurricanes, or floods, or earthquakes, or drought, or any other kind of natural disaster for the next ten years. And that there will be no more Bosnias or Kosovos or Iraqs--no international emergencies of any kind for the next ten years. Even under all of these assumptions, would this tax proposal be a sound one? The answer is no, because even if each and every one of those rosy scenarios comes true, this bill would use over $75 billion in Social Security balances to pay for the tax breaks. Mr. President, I strongly oppose using Social Security to fund tax cuts; that is why I voted against the 1997 tax cut package. We simply should not be using Social Security balances--balances needed to pay future benefits--to fund other government programs, or to pay for tax cuts. Of course, some may argue that even more spending cuts will be found in order to avoid the use of Social Security balances--on the top of the three-quarters of a trillion dollars in cuts assumed in this measure. [[Page S9656]] Mr. President, granting even this still rosier scenario, would this tax measure be fiscally responsible? I regret that it would not, because not only does this tax bill risk our current budget, it puts future generations at risk as well. Mr. President, while the revenue impact of any tax cut measure can be expected to grow over time, the policies outlined in this measure explode. Consider that while in the next ten years, the cost of this proposal is an already whopping $800 billion--if those tax policies are continued, the cost in the second ten years will be a nearly unbelievable $2 trillion. If you add the additional interest payments that will arise from debt service, the total cost of the tax policies in this bill rise to over $3 trillion. For those who may have forgotten, let me remind my colleagues that it is in that second ten years when the baby boomer generation begins to retire and put increased pressure on Social Security, Medicare, and the long-term care services provided under Medicaid. If ever there were a time to be prudent, now is the time. As improved as the short-term budget picture is, the longer-term budget picture is little changed. We still face serious problems in Medicare, and as I noted, the baby boomer generation will put enormous pressure on that program, as well as on the long-term care services, many of which are provided through Medicaid. There is also a consensus that we should address the long-term fiscal health of Social Security, and the sooner the better. And finally, Mr. President, we still face a mountain of debt that was run up during the 1980s and early 1990s because of the deficits that were run up during that time. In each of these areas, there is a stark choice: we can act now to address each of these areas; or, we can ignore them, watch the problems get much worse, and leave the work and cost of reform to our children and grandchildren. Mr. President, for me, that's an easy choice. I do not want my children footing the bill for the failure of past generations to act responsible. I want to support a tax cut, but not one that jeopardizes the work we have done to straighten out the current budget and squanders the opportunity to reduce our debt and put Social Security, Medicare, and our long-term care system on sound footing. Mr. President, let me take a moment to look at the make-up of the tax measure itself. One might expect that a tax cut of $800 billion would provide the sort of broad-based tax benefits that would be politically attractive. But given the amount of revenue dedicated to this tax cut, the benefits to the average taxpayer are surprisingly small, and the overall package is heavily skewed to some of the wealthiest individuals and corporations in the world. As was noted by the tax watchdog group Citizens for Tax Justice, the tax bill gives three-quarters of its benefits to the best-off fifth of all taxpayers. By contrast, only 11 percent of the tax bill's benefits go to the bottom 60 percent of all taxpayers. While the average tax reduction for the wealthiest 1 percent of taxpayers--those with incomes over $300,000--is over $23,000 a year under this bill, those with more average income do not do quite as well. The average tax cut for those who are among the middle fifth of taxpayers will be $279, or about $5 per week. For those in the bottom three-fifths of all taxpayers, the average tax cut is even smaller--about $140 per year, or less than $3 per week. Mr. President, under this $800 billion tax bill, the majority of taxpayers will have an average tax cut of $3 per week. Maybe the proponents of this bill are hoping most of America will use this windfall to buy one of those overpriced cups of coffee. Well, Mr. President, thanks to this tax bill, once a week, three- fifths of America will now be able to go to one of those fancy coffee shops and get a frothy decaf cappuccino latte with skim milk. This tax bill is a bad tax policy any way you brew it. Mr. President, I recognize that some may genuinely believe we should dedicate about $800 billion to tax cuts over the next ten years. The tragedy is that even in that context, the $800 billion was spent unwisely, because in addition to Social Security, Medicare, long-term care, and reducing our national debt, one of our highest priorities should be significant reform of our tax code. It was just a few months ago that we heard how critical fundamental tax reform was to our future. Flat tax, consumption tax, a national value-added tax--there were a number of significant proposals that sought to address the inefficiency of our current Tax Code. Simplification was the order of the day, and let me add, Mr. President, that while I did not support many of those proposals, I think many of the proponents of reform got it exactly right. Our Tax Code should be simplified. We should reduce the number of special interest tax breaks and use that savings to lower the tax rates for everyone. I participated in just that kind of exercise at the State level as chair of the Taxation Committee in the Wisconsin State Senate. As we all know, there will be winners and losers in a reform of our tax code, and I can tell you from direct experience that the best time to enact tax reforms is when you have additional resources to help increase the number of winners and decrease the number of losers. Mr. President, this tax bill and the House version both squandered that opportunity as well. We might have had a significant start on real tax reform. Instead, we got a grab bag of goodies for special interests added to a tax code already thick with complexity. A recent article in the Washington Post listed a number of the special interest tax breaks in this bill and the House version. They include tax breaks for: multinational corporations, utility companies, railroad, oil and gas operators, timber companies, the steel industry, seaplane owners in Alaska, sawmills in Maine, barge lines in Mississippi, Eskimo whaling captains, and Carolina woodlot owners. This bill is a dream come true for business lobbyists. The Post reported one lobbyist as saying, ``If you're a business lobbyist and couldn't get into this legislation, you better turn in your six-shooter.'' Mr. President, in the name of complete disclosure, let me note that I understand the Democratic alternative, which I may support, suffers from the same problem, though to a much lesser extent. And it will come as no surprise to my colleagues that I firmly believe this kind of pandering to special interests is a direct result of our campaign finance system. There's ample evidence to that effect right here in this bill. The campaign finance system gives wealthy interest an open invitation to influence legislation in this body, and in this bill it's clear that special interests accepted that invitation in droves, Mr. President. For the benefit of my colleagues and the public, I'd like to share just a few examples of what these interests gave in PAC and soft money, and what they got in either this bill, the House tax measure, or both. I do this from time to time; it is known as ``The Calling of the Bankroll.'' According to the Washington Post, an umbrella organization called the Coalition of Service Industries, a coalition of banks and securities firms, won a provision to extend for five years a temporary tax deferral on income those industries earn abroad. The value of this tax deferral: $5 billion over ten years. So we know what Congress has given the Coalition of Service Industries, but what has the Coalition of Service Industries given to candidates and the political parties? During the 1997-1998 election cycle, coalition members gave the following: Ernst & Young--more than half a million dollars in soft money, and nearly $900,000 in PAC money. CIGNA Corporation--more than $335,000 in soft money, and more than $210,000 in PAC money. [[Page S9657]] American Express--more than $275,000 in soft money and nearly $175,000 in PAC money. Deloitte and Touche--more than $225,000 in soft money and more than $710,000 in PAC money. Of course, as I said Mr. President, this is just a sampling of what Coalition of Service Industries members have given. I'd be up here a lot longer if I had a document all the millions of dollars these groups have given. But it doesn't stop there. These two tax bills mean Christmas in July for special interests, Mr. President, with gifts for jut about every industry in Santa's bag. The post reports the utility industry got a provision affecting utility mergers in the House measure, which, if it survives, is worth more than $1 billion to the utility industry. The provision would excuse the payment of taxes on the fund that utilities set up to cover the costs of shutting down nuclear power plants. Utilities companies that operate nuclear power plans would be particularly grateful to see this provision passed, Mr. President. Their depth of their gratitude would be matched only by the size of their campaign contributions during the last election cycle, including: Entergy Corporation, which gave $228,000 in soft money and nearly $250,000 in PAC money; Commonwealth Edison, which gave $110,000 in soft money and more than $106,000 in PAC money; And Florida Power and Light, which gave nearly $300,000 in soft money and more than $182,000 in PAC money. As it does so many other issues, our campaign finance system is preventing real reform to our tax code, and those who doubt that only need to look at this bill. Mr. President, the best thing we can say about this tax bill is that it will not be enacted into law. The President will almost surely veto it, and he will be right in doing so. This bill is fiscally irresponsible. It depends on budget suppositions that are at best fanciful. It uses Social Security balances to pay for tax cuts. It proposes a tax policy that no only jeopardizes our current budget but our future fiscal health. It sticks our children and grandchildren with the cost of paying-off the debt run up over the past two decades, and leaves them the task of extending the solvency of Social Security, strengthening Medicare, and reforming our long-term care system. And it hands our special interest tax breaks galore while providing little tax relief to the vast majority of taxpayers. Mr. President, I will vote against this bill, and urge my colleagues to do so as well. Mr. President, I yield the floor. Mr. BAUCUS. Mr. President, I yield 5 minutes to my good friend from Delaware, Senator Roth. Mr. ROTH. Mr. President, Senator Gramm has provided Members with a straightforward alternative to the bipartisan Finance Committee bill. I compliment him on the clarity of his approach, much of which I favor. Although provisions of Senator Gramm's substitute have appeal for me, frankly, I could not have used it as a basis for the Finance Committee. His proposal contains elements that would not garner a majority of committee members. In addition, Senator Gramm's substitute, though popular with many in the Senate Republican caucus, would not pick up support on the other side of the aisle. For that reason, his proposal would not be a blueprint for tax cuts, in the form of a signable bill, that we can deliver to the American people now. Finally, although Senator Gramm's amendment is simpler, it leaves out many bipartisan tax measures that address important tax issues. For instance, education savings incentives are deleted. This means parents who want to save for a child's college education would be left out of the picture. We're talking about millions of parents and students in every state. Yet another example is the student loan interest deduction. Under the Finance Committee bill, at least three million graduates, bearing the burden of college debt, would be allowed to deduct student loan interest on their tax returns. In my legislation I try to focus on matters of need to the American family. I provide incentives to promote savings, pensions, IRAs. Many in retirement depend not only on Social Security, which we will address, but also on personal savings and pensions. My bill addresses that. There is nothing to correct the problems of AMT, the alternative minimum tax. Unfortunately, thousands upon thousands of American families will be hit by AMT and not enjoy the full benefit of many programs such as the child tax credit. Finally, nothing is done with respect to charitable giving. We have proposals that will promote and create incentives. For these and other reasons, I must oppose Senator Gramm's well- intentioned amendment. I reserve the remainder of my time. Mr. BAUCUS. Mr. President, I yield myself such time as I might consume. The Finance Committee has already rejected this provision. The Finance Committee deliberated this amendment in committee, and, by a large margin turned it down because it is excessive. It is irresponsible, in my judgment. It is not the right thing to do. It says we are going to take the entire on-budget surplus. And because of the tax cut plus the lost interest on the debt, there is nothing left for Medicare, discretionary spending or any other programs which will be cut anyway by a very large margin. It is excessive, too, compared to the bill passed by the committee because it is so backloaded. It is so top heavy. By that, I mean the bulk of the cost of the provisions are at the very end--6, 7, or 8 years from now. No one can predict the future of this country and what position we will be in 6 to 8 years from now. I was speaking to the CEO of a major American company a few days ago, a man we all know, a company we all know very well. He told me they can't begin to plan for the future. They do have 5-year plans but they know the 5-year plans are not going to be accurate. So they have to just do the best they can on virtually a quarterly basis. They have to go ahead in the areas they think are the areas of the future, but it is almost impossible to plan in this modern era. So I say, if we today were to lock in provisions in the law which will hemorrhage this country's budget surplus based upon ephemeral, distant projections which are never accurate, that is not responsible. That is not the right thing to do. And that is what this amendment does. That is why basically, fundamentally, without going into all the details of it, why this does not make sense. It has often been stated during this debate that the time when the baby boomers begin to retire is when these things really start to kick in and the costs explode. I think prudence is the watchword here today. History sometimes is a guide. Look at the 1980s. What happened in the 1980s? There was a huge tax cut. Congress succumbed to the siren song of supply side economics. What was supply side economics supposed to do? It was supposed to make deep tax cuts, spend more on defense, and guess what, folks, that is going to cause the budget to be balanced. That was what supply side economics was supposed to do--advocated, by the proponents of this amendment. It was going to balance the budget. The theory is the trickle down theory: Cut the taxes of the most wealthy, they invest a lot more, it trickles down and the economy starts humming and it balances the budget. That was the Laffer curve. Guess what, it did not work. We kind of knew it was not going to work, but it was such a temptation, such a siren song to vote these huge tax cuts, hoping, hoping, hoping that what the proponents said would come true. Guess what, it did not. It did not come true at all. The tax cut was passed in 1981. Then what happened in 1982? This Congress, a Republican Congress, and President Reagan, had to change course. They had to raise taxes. The Republican Congress and Republican President raised taxes in 1982. Then guess what. This tax increase was not enough because the deficits were just so large. The Republican Congress and Republican President had to raise taxes again in 1984. They had to raise taxes more because the deficit was so large. The national debt in 1980 was roughly about [[Page S9658]] $1 trillion; 8 years later it was roughly $3 trillion, maybe close to $4 trillion. It tripled and quadrupled during that time of the huge tax cuts. Then we had to add more taxes back again in 1982 and 1984. So, in many ways this is history repeating itself. Democrats in the Senate support a tax cut. We support using a third of the on-budget surplus to pay for a tax cut. But we are just saying don't use all of the on-budget surplus for tax cuts with virtually all going to the most wealthy Americans. Do you know what else is going on here? I do believe the proponents of this bill are so--not distrustful, but so opposed to Government that they want these huge tax cuts partly to force down deeper cuts, way below the baseline in spending. I think they want to cut veterans' benefits 30 percent; they want to cut health education 20, 30 percent; want to cut these programs. I think there are really many on that side who want to make these cuts. They want to. As strange as that might sound, they want to. That is another reason for this huge tax cut because it will force cuts in spending later on. We have already cut spending. Discretionary spending has been cut so much by this body over the last 10 years it is unbelievable. And the size of government has gone down, with many fewer federal employees than there were years ago. To sum it all up, we have seen this provision in the Finance Committee. The Finance Committee soundly rejected this amendment. I urge the Senate to also soundly reject this amendment. It is not good policy. I reserve the remainder of our time. The PRESIDING OFFICER. The Senator from Texas. Mr. GRAMM. Mr. President, I yield 10 minutes to the distinguished Senator from Tennessee. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, I think Senator Gramm is bringing a very important principle to the table, one that we need to address: If we are going to have a tax cut, what kind of tax cut should we have? What is best for the economy, and what is fair? There was a consensus in this country, 10, 15 years ago, that we needed to have a tax policy based upon a broader base and lower rates. That is essentially the tax bill that came out in 1986. We came down to two tax rates. We had a 15-percent and a 28-percent tax rate. There was a broader base, where more people were paying taxes, but lower rates. In the 1990s, we have gotten away from that. We have gotten away from that principle and gone, instead, toward what has been referred to as targeted tax cuts. That its basically the Government--we, the President--that decide, on an individual basis, who deserves the tax break or tax cut in any particular year. Usually it is based upon how much clout they have, or some notions of fairness of a particular congressional makeup at some particular time. So now we have wound up with higher rates and a narrower base. We now have five income tax rates instead of the two we had back in 1986 in addition to phaseouts. The Tax Code, not only do we have additional rates, it has become more progressive, even in addition to those rates. I do not think a lot of people are aware of this. I think most Americans think initially, basically, they can look at tax rates and see what their tax burden is. But then you look at all the phaseouts that we have. Congress has decided in its wisdom that people of a certain income level do not deserve some of the deductions, exemptions, and benefits that others deserve. So we have a personal exemption phaseout. We have an itemized deduction phaseout at basically the $124,000 level for individuals. I am talking about individuals and not couples, in terms of the dollar amounts I am using. The personal exemption phaseout; itemized deduction phaseout, limitation of only being able to deduct that amount over 2 percent of itemized deductions; a 7.5 percent floor on medical deductions; a 10 percent adjusted gross income floor on casualty deductions; a $500 child credit that phases out at an income level of $75,000; a dependent child credit that begins to be phased out at an income level of $10,000--if you make that much it begins to be phased out; a deductible IRA, $30,000; an education IRA, $95,000; the HOPE credit, college credit, begins to be phased out at $40,000 for an individual. So we want to help you go to college, we want to help your kids go to college--as long as you do not have a job, basically is what that amounts to. We have a life-time learning credit of $40,000; student loan interest deductions, at $40,000 it begins to be phased out; education savings bond interest--if you make $52,000 you begin to lose that; elderly/ disabled credit, $7,500; adoption credit/exclusion, $75,000; DC first time homebuyer--if you make $75,000, you begin to have that phased out as a taxpaying individual; rental real estate losses; rehabilitation tax credit--on and on and on. In addition to continuing to raise the tax rate--the highest one in 1986 was 28 percent and now it is up to 39.6 percent plus the maximum-- plus the limited itemized deductions and phaseout of personal exemptions, you wind up with an effective rate of over 40 percent. When you remove the cap on Medicare tax, plus these phaseouts, you are looking at, in some cases, close to an effective 45-percent tax rate, something like that. My only point is that, as we decide how to go forward, we need to understand that we have a progressive system as far as our income Tax Code is concerned, and that is the way it ought to be. A lot of people believe it is that way. But every time we have a tax cut, we cannot say let's give everybody the same dollar amount back in taxes regardless of how much they paid in because we have a very progressive system. We have progressive tax rates up to 39.6 percent, with phaseouts so that if you are making any money, if people are working hard and making a pretty good living, they begin to lose the deductions and credits. That makes it even more progressive. We come along and say we are going to give a tax cut now, and we say if the other guy is paying twice as much in taxes as I am, give him a tax cut. He lost all these exemptions because he is making good money. He is paying twice as much in taxes. But we come along with a tax cut and we say they are going to both get the same amount back? I do not think that makes much sense. Let's say the economy was good and we were able to have successive tax cuts over a period of time and we gave the same dollar amount back to everybody regardless of how much they were paying in taxes. We would have a narrower and narrower base all the time and fewer and fewer people paying any taxes at all. We would continually be taking people off the tax rolls. We already have 43 million people who do not pay taxes. As progressive as our Tax Code is, as does the Senator from Texas, I make no apologies for the proposition that when it comes time for a tax cut, let's base the tax cut on how much people are paying in. We have to ask ourselves a fundamental question: Are we interested in punishing folks who make a good living or are we interested in collecting money for the Federal Government to pay legitimate Government expenses? History shows every time we have had a reduction in tax rates, we have more money. Every time the Government reduces rates in any appreciable amount, the Government winds up getting more money. In the 1920s, it was true. In the 1960s, under President Kennedy, who said a rising tide lifts all boats, it was true. In the much maligned 1980s, which laid the groundwork for the greatest economic prosperity this world has ever known, it was true. Increased revenues in the twenties was 61 percent over a 7-year period. In the sixties, a revenue increase after inflation was about 33 percent. In the eighties, after cutting the tax rates, revenues increased 28 percent because it reduced the incentive to hide income, to shelter income, and to underreport income. Similarly, the share of the tax burden paid by the rich rose dramatically as the rates fell. By cutting rates, we get more money out of the rich. Do we want to be concerned about how much somebody is making and try to hold that down or do we want the money for the Federal Government? I thought the idea was to have a fair Tax [[Page S9659]] Code but to raise the money for the legitimate expenses of the Federal Government. In the 1920s, they called rich $50,000. I guess things have not changed that much. But in 1921, the rich paid 44 percent of the income tax. In 1928, after the rate cut, they paid 78 percent of all taxes. The gap was not quite as pronounced later on, but in 1963 under President Kennedy, at the time of the cut, the rich were paying 11.6 percent of all the taxes being paid. In 1966, they were paying 15.1 percent. In the 1980s, we were talking about the top 10 percent---- The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON. I ask for another 3 minutes. Mr. GRAMM. I yield the Senator another 3 minutes. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. In the 1980s--1981--the rich were paying 48 percent of the taxes. In 1988, they wound up paying 57 percent of the taxes. We do not get a lot of credit taking up for the rich, but our responsibility as public servants is to look out for the country and have policies that are going to get the most money and not try to be too concerned about who is going to get this share of the economic pie: I am going to get yours; you are not going to get mine. Our concern should be with making that economic pie better. As far as an across-the-board cut is concerned, every serious observer nowadays thinks it is sound economic policy. Lawrence Lindsey, former Federal Reserve Board member, George Shultz, former Secretary of State, and even the oft quoted Chairman Greenspan--there may be some discussion as to when he thinks a tax cut should come about, but he says when it comes about, it ought to be an across-the-board rate reduction. This is sound economic policy. I know the prospects for this particular amendment, but all of this business about soak the rich and unfairness, we need to keep a little balance and keep things in mind. If we want more money, if we want to be fair--first of all, we have to recognize we have a very progressive system in this country, so when it comes time for a tax cut, let's pay some attention to the idea of across the board and not ha

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TAXPAYER REFUND ACT OF 1999--Resumed


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TAXPAYER REFUND ACT OF 1999--Resumed
(Senate - July 29, 1999)

Text of this article available as: TXT PDF [Pages S9651-S9737] TAXPAYER REFUND ACT OF 1999--Resumed The PRESIDING OFFICER. The clerk will report the bill. The legislative assistant read as follows: A bill (S. 1429) to provide for reconciliation pursuant to section 104 of the concurrent resolution on the budget for fiscal year 2000. Pending: Abraham amendment No. 1398, to preserve and protect the surpluses of the social security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Baucus motion to recommit the bill to the Committee on Finance, with instructions to report back with an amendment to reduce the tax breaks in the bill by an amount sufficient to allow one hundred percent of the Social Security surplus in each year to be locked away for Social Security, and one- third of the non-Social Security surplus in each year to be locked away for Medicare; and an amendment to protect the Social Security and Medicare surplus reserves. Robb amendment No. 1401, to delay the effective dates of the provisions of, and amendments made by, the Act until the long-term solvency of Social Security and Medicare programs is ensured. Motion to Waive the Budget Act Amendment No. 1398 The PRESIDING OFFICER. The Senator from Nevada. Mr. REID. Mr. President, the pending amendment is not germane. I raise a point of order that the Abraham amendment violates section 305(b)(2) of the Congressional Budget Act of 1974. The PRESIDING OFFICER. The Senator from Michigan. Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment. Mr. GRAMM. I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? [[Page S9652]] There appears to be a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. There is 2 minutes of debate. Who yields time? Mr. REID. Mr. President, in a letter dated April 21, 1999, on a similar provision, then-Secretary of the Treasury Robert Rubin wrote to Senator Moynihan that this ``provision could preclude the United States from meeting its financial obligations to repay maturing debt and to make benefit payments--including Social Security checks--also worsen a future economic downturn.'' The lockbox in this proposal is potentially destabilizing in a manner reminiscent of the constitutional amendment to require a balanced budget. I remind those who propose rigid 10-year schedules for reducing the publicly held debt that economics does not follow the agricultural cycle. There will be periods when surpluses, both on and off budget, will fall far short of projections. We should not impose a debt reduction schedule, enforced by a declining debt cycle ceiling, even if it can be overridden with 60 votes. To do so will risk default every time the debt ceiling is lowered. Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act. The PRESIDING OFFICER. All time has expired. The question is on agreeing to the motion to waive the Budget Act. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 54, nays 46, as follows: [Rollcall Vote No. 227 Leg.] YEAS--54 Abraham Allard Ashcroft Bennett Bond Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner NAYS--46 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Roth Sarbanes Schumer Torricelli Wellstone Wyden The PRESIDING OFFICER (Mr. Frist). On this vote the yeas are 54, and the nays are 46. Three-fifths of the Senators present and voting, not having voted in the affirmative, the motion to waive the Budget Act is rejected. The point of order is sustained, and the amendment falls. Mr. ROTH. Mr. President, I ask unanimous consent that the remaining votes in this series be limited to 10 minutes in length, and I ask that all the Members of the Senate stay on the floor. We have a full and busy day. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BAUCUS. Mr. President, I move to reconsider the vote. Mr. REID. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege Of The Floor Mr. LEAHY. Mr. President, I ask unanimous consent that Peter McDougall of my staff be given floor privileges throughout the day. The PRESIDING OFFICER. Without objection, it is so ordered. Motion To Recommit The PRESIDING OFFICER. The question is on the Baucus motion. Mr. BAUCUS. Mr. President, I understand each side has 1 minute of explanation. The PRESIDING OFFICER. The Senator is correct. Mr. BAUCUS. Mr. President, this is a very simple matter before the Senate. It is a choice: Do we want to protect Medicare or not. It is that simple. That is the choice that we are presented with today. The amendment I am offering is the House lockbox which passed the House by an overwhelming margin--it only had three or four votes against it--along with the Medicare lockbox. The Medicare lockbox we provide sets aside one-third of the on-budget surplus for Medicare. It can be used in whatever way we want to use it for Medicare, including to provide an affordable prescription drug benefit or for shoring up Medicare solvency. That is the choice before the Senate. Do we preserve Medicare or not. Our choice here today, however, is nothing compared to another choice. That is the choice that about 16 million seniors must make every day: Do I choose to buy my medicine, choose to pay the rent, or choose to buy food? We are saying set aside and preserve for Medicare one-third of the on-budget surplus so that the choices facing seniors are not quite as abhorrent. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. Mr. President, this is another opportunity on the part of the other side to propose to the American people that they want anything but tax relief. This is a motion to recommit. It would do nothing to protect Medicare. It is the President's proposal, which is a phony transfer of IOUs to the Medicare trust fund. It does nothing to help senior citizens. It is just an effort to lock up $300 billion so you can't give the American people a tax cut, plain and simple. They don't want to confront the issue of a lockbox for Social Security so they muddle it up and instead of trying to solve something, they would like to create an issue instead of a solution. Frankly, there are hardly any experts in America who look at this lockbox concept for Medicare and say it helps the seniors or it helps Medicare. If this is the plan the President is alluding to across this land, then he has none. I believe, since the other side did not let us have a vote, we ought to do ours procedurally also, and I am compelled to do that. Therefore: The language in this amendment is not germane to the bill before us, so I raise a point of order under section 305(b)(2) of the Congressional Budget Act. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, pursuant to section 904 of the Budget Act, I move to waive the applicable sections of that act for the consideration of the pending amendment. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Budget Act in relation to the Baucus motion to recommit S. 1429. The yeas and nays have been ordered. The clerk will call the roll. The legislative assistant called the roll. The yeas and nays resulted--yeas 42, nays 58, as follows: [[Page S9653]] [Rollcall Vote No. 228 Leg.] YEAS--42 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Inouye Johnson Kennedy Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Torricelli Wellstone Wyden NAYS--58 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hollings Hutchinson Hutchison Inhofe Jeffords Kerrey Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 58. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the motion falls. The PRESIDING OFFICER. The Senator from Delaware. Mr. ROTH. Mr. President, I move to reconsider the vote. Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH. Mr. President, I ask unanimous consent that all amendments and motions to recommit to S. 1429 must be filed by 2 p.m. today at the desk and with the bill managers. Mr. STEVENS. Reserving the right to object, what time was that? Mr. ROTH. Two p.m. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Amendment No. 1401 Mr. ROTH. Mr. President, I think we are ready for the vote on the next amendment. The PRESIDING OFFICER. There are 2 minutes equally divided. Who yields time? Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. ROBB. Mr. President, this amendment simply delays the effective date of the tax cut that is proposed. There are many who believe that a tax cut of this magnitude at this time would be ludicrous. But that is not the issue. The issue is whether or not we ought to go ahead with a tax cut notwithstanding the fact that we have not protected Social Security and Medicare. Most of the people who have spoken so far have talked about their concern for doing just that. The lockbox provisions were proposing to do just that. If you want to save Social Security and Medicare, this is an incentive. It will delay the implementation of the act, but it will not negate the effectiveness of the act. I ask that our colleagues vote to support this particular amendment, save the one-half of 1 percent of the total which would be expended this year, and not lock in cuts that would cost $792 billion, which would be almost impossible to reverse should that prove to be the case. The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON addressed the Chair. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, no one in this chamber thinks other than that we want a real, sound, solid, and solvent Social Security system and Medicare system. Most of us, however, realize we will only have that if we have fundamental reforms in those systems, such as that proposed by the Medicare commission at which the President scoffed. This amendment will serve to actually make Social Security and Medicare less sound. It will actually delay the process of real reform. The solvency dates that are used in this legislation are taken from the President's proposal and will invariably result in pouring more and more general revenues into these entitlement programs, delaying the day when we have to face up to the fact that we have to have fundamental reform. Our bill sets aside 75 percent of the surplus for Medicare, Social Security, debt retirement, and other spending priorities. With regard to the 25 percent remaining, there is no reason to delay tax cuts. If we saved every penny of the surplus, put it into Medicare and Social Security, it would not do one thing toward solving the fundamental problem. This language is not germane to the bill now before us; therefore, I raise a point of order, under section 305(b)(2) of the Congressional Budget Act of 1974. Mr. ROBB. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Congressional Budget Act in relation to the Robb amendment No. 1401. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 46, nays 54, as follows: [Rollcall Vote No. 229 Leg.] YEAS--46 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Snowe Torricelli Voinovich Wellstone Wyden NAYS--54 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Specter Stevens Thomas Thompson Thurmond Warner The PRESIDING OFFICER. On this vote the yeas are 46, the nays are 54. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the amendment falls. Mr. MOYNIHAN. Mr. President, I move to reconsider the vote. Mr. ROTH. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1405 (Purpose: To return to the taxpayers a portion of the budget surplus that they created with their tax payments) The PRESIDING OFFICER. Under the previous order, the Senator from Texas is recognized to offer an amendment. Mr. GRAMM. Mr. President, I send an amendment to the desk in the nature of a substitute for myself, for Senator Lott, Senator Nickles, Senator Mack, Senator Coverdell, Senator Craig, Senator McConnell, Senator Inhofe, Senator Hutchison, Senator Bunning, Senator Kyl, Senator Bob Smith of New Hampshire, Senator Allard, and Senator Hagel, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Texas [Mr. Gramm], for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. Coverdell, Mr. Craig, Mr. McConnell, Mr. Inhofe, Mrs. Hutchison, Mr. Bunning, Mr. Kyl, Mr. Smith of New Hampshire, Mr. Allard, and Mr. Hagel, proposes an amendment numbered 1405. Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S9654]] (The text of the amendment is printed in today's Record under ``Amendments Submitted.'') Mr. GRAMM. Mr. President, I have the highest admiration for the chairman of the Finance Committee. I am supportive of the tax cut he has crafted in committee. I intend to vote for it on final passage if this amendment fails. But I believe we need a clearer vision. I believe we need to define very precisely what we would like to use this tax cut to do, rather than running around trying to stick a nickel in everybody's pocket with a targeted program. I would prefer to have a tax cut that has clear themes and this is a very simple substitute because it consists of simply five things. So this is a tax cut that you can explain to every American, and it contains basic principles that I believe every American can understand and support. The first principle is we ought to have an across-the-board tax cut of 10 percent. Now, I know our Democrat colleagues are going to jump up and down and say, first of all, that 32 percent of American families pay no income taxes, and so if you have an across-the-board tax cut, they will not get a tax cut. And that is right. Tax cuts are for taxpayers. If you don't pay taxes and we have a tax cut, you don't get a tax cut. Most Americans don't get food stamps; most Americans don't get TANF; most Americans don't get Medicaid because they don't qualify for those programs. If you don't pay taxes, you don't qualify for a tax cut. Our Democrat colleagues are obviously going to jump up and down and say that Senator Rockefeller, who pays 10 times as much taxes as I do, with a 10-percent across-the-board tax cut, will get 10 times as big a tax cut. That is right, but he pays 10 times as much taxes. If you ask people in your church to take up money to build a new parsonage and it turned out you had taken up too much money, and you decided to give it back, isn't the logical way to give it back to simply take how much an individual gave and take the amount that you didn't need and give it back to them proportionately? So the point is, the first principle we believe in is there ought to be an across-the-board tax cut, so every American who pays income taxes will get a tax cut. Now, our Democratic colleagues have said they believe if you are rich, which means you are in the upper half of the income distribution--and they design that as roughly making somewhere around $50,000--you don't deserve a tax cut. In their proposal, you basically don't get one. I want to remind my colleagues that by excluding people who pay 99 percent of the income taxes in America, they are excluding from a tax cut 62 percent of all homeowners, 66 percent of all Americans between the ages of 45 and 64, 67 percent of all families who have children in their homes, 67 percent of all full- time workers, 68 percent of all Americans who have some college education, 69 percent of all married couples, and 80 percent of all two-wage earner families in America. Our Democrat colleagues love investment, but they hate investors. They love the benefits of capitalism, but they hate capitalists. An across-the-board tax cut gives everybody a tax cut, and if people pay a lot of taxes, they get a bigger tax cut--not proportionately, but they get the same tax cut. If that offends you, if you believe that somehow people who make over $50,000 a year are the enemies of the people and they ought to continue to be punished, you would want to be against this provision. The next thing this provision does is it eliminates the marriage penalty. Most Americans are not aware of that because our Tax Code is so perverted, if two young people, both of whom work, fall in love and get married, they, on average, pay the Federal Government $1,400 a year in taxes for the right to be married. My wife is worth $1,400, but the point is, she ought to get the money, not the Government. We eliminate the marriage penalty. Secondly, we have income splitting. Now, I know some of our Democrat colleagues are going to get up and say, well, look, if the husband earns all the money and the wife stays at home and raises the children, they ought not to get the correction for the marriage penalty. Well, we do income splitting. We have decided we don't want to inject the Tax Code in the decision about whether people work outside the home or not. My mama worked every day that I was a child, and she did it because she had to do it. My wife has worked every day that our children have been alive because she wanted to do it. I am not trying to distort the decision one way or another, or make a judgment. All I am saying is that people who stay at home and raise their children contribute to America. They make a big contribution. By allowing a couple, where only one of them works outside the home, to split their income and attribute half to each one of them--that is what the partnership of marriage is about--we are able to give them a substantial reduction in the penalty they pay for being married. The next provision is, we repeal the death tax, which is a certain kind of death penalty. I like the death penalty where we put murderers to death. I don't like the death penalty when working people die and we end up forcing their children to sell their business or their farm. All over America, people work a lifetime to build up a business or a farm, and then when they die, their children have to sell that business or sell that farm to give Government 55 cents out of every dollar they earned in a death tax. This provision repeals the death tax. Now, I know that our Democrat colleagues are going to get up and say, well, these are rich people. But I want to give you an example. When I first met a printer from Mexia named Dicky Flatt, I met him about 25 years ago. He was in business with his daddy, who worked on these old calculator machines that businesses use. His mama kept all the books, his wife basically was working in their stationery shop, and Dicky Flatt did the printing business. They had an old building in Mexia, and it was cracking right down the middle. They kept putting sand in the bottom and kept tar-papering over the top. They had one bathroom, and it didn't have a door on it; it had a curtain on it. So when you went in to use the bathroom, you pulled the curtain. Now, they worked hard in that business. So now Dicky Flatt has torn down that building. He has built a Morton building, a metal building, and he has a good size print shop and stationery shop. He sent his two sons to Texas A They have come back and have gone into business with him. He works every day. He gets in at 6 and leaves about 8. He is there on Saturday until 6 o'clock. Whether you see him at the PTA, Boy Scouts, or the Presbyterian Church, try as he may, he never gets that blue ink off the ends of his fingers. Now, Dicky Flatt may be rich, for all I know. He doesn't live like a rich guy. When his brother died of cancer, he took over his school supply business with his wife. My basic point is that Dicky Flatt and Linda, his wife, have worked 6 days a week their whole lives. They built up this business. Every penny they put into it has been in after- tax dollars. How can it be right to force their two boys, who now work in that business, to sell that business when Dicky and his wife Linda die in order to give the Government 55 percent of it, in order to take the money from Dicky Flatt and give it to people who have been sitting on their fannies in Mexia, not working on Saturday, and in some cases, not working at all? I am sure we are going to hear that this is for rich people. I want to put a human face on it. When we revolted against King George, he wasn't doing things such as the death tax. This is an outrage. This is an assault on every value this country stands for, and I want to repeal it and repeal it outright. I want to index the capital gains tax. That is the fourth provision of this bill. I want to say that from this day forward, if you buy a house as an investment and the price doubles and you sell the house for twice as much as you paid for it, you haven't made any money, you simply kept up with inflation. But under current tax law, you have to pay the Federal Government a capital gains tax on the doubling of your house's price even though that new price will buy only the amount of goods you could have bought with the money for which you bought the house. So the next thing we do is index the capital gains tax for inflation. Finally, we eliminate not the last outrage in the Tax Code but it is a big [[Page S9655]] outrage. If General Motors buys you health insurance, it is tax deductible for them, but if you buy it for yourself, it is not tax deductible. We eliminate that by saying that no matter who buys health insurance in America, the employer or the employee, a retiree or a worker, a homemaker or someone who is employed in the economy, that health insurance is tax deductible. It is a simple tax cut that you can put on one piece of paper. If you pay taxes, you are going to get a 10-percent reduction in income taxes out of this bill. It is easy to figure. If you pay $1,000 in income taxes, you are going to get $100. If you pay $10,000, you are going to get $1,000. If that breaks your heart, so be it. I think most people will like it. Second, we eliminate the marriage penalty and we allow income splitting. If you have one parent who stays at home, you are able to divide the income in half and have each of them claim half that income that belongs to them. This is endorsed by every family group in America because it is the right thing to do. We repeal the death tax outright over a 10-year period--no ifs, ands, or buts. If you live 10 more years, under this bill, and you build something with after-tax dollars, it belongs to your family forever. That is simple arithmetic. I think we can all understand it. We index the capital gains tax so that you never pay capital gains tax again on inflation. This is a big issue for every homeowner and for every investor in America. Finally, we provide full deductibility of health insurance. This is an equity issue. It is something that ought to be done. This is a tax cut you can understand. It represents what I believe is the vision of the party of which I am proud to be a member. I hope my colleagues will vote for this substitute. I believe it represents a dramatic improvement and simplification in the Tax Code. I reserve the remainder of my time. The PRESIDING OFFICER (Mr. Allard). Who yields time? The Senator from Montana. Mr. BAUCUS. Mr. President, I yield 1 minute to the Senator from California and then 10 minutes to the Senator from Wisconsin, off the bill. The PRESIDING OFFICER. The Senator from Delaware controls the time in opposition. Mr. BAUCUS. The Senator from Delaware delegated that to the Senator from Montana. The PRESIDING OFFICER. The Chair thanks the Senator for that clarification. The Senator from California is recognized. Mrs. BOXER. Thank you, Mr. President. I thank Senator Baucus. My colleague from Texas says the Democrats hate investors and the Democrats hate capitalism. As a former stockbroker, I deeply resent his remarks. Maybe when the Senator from Texas was a Democrat he hated capitalism and he hated investors, but the Democrats around here don't. One of the reasons we are not supporting his amendment is that we think it is bad for capitalism and we think it is bad for investors. I have to say that this amendment, which reflects what the House did, is a risky and radical amendment. It hurts the middle class. He says he loves the middle class. He talks about his momma and Dicky Flatt. And I love to hear him do it. But the bottom line is, the result of his amendment will hurt the very people he says he wants to help because it is such an unfair tax cut that would go to the very wealthiest and hurt the middle class and the working poor. I say to my friends who may be listening to this debate, the Senator from Texas is a great debater but he was wrong when he said the Clinton plan would lead to economic disaster and he is wrong today. I hope we will vote down his amendment. I yield my time. The PRESIDING OFFICER. The Senator from Wisconsin. Mr. FEINGOLD. Mr. President, I thank the Senator from Montana. Mr. President, I rise to offer some comments on the reconciliation tax measure we are considering. First, let me note that we have come a long way in the last seven years. When I first came to the Senate, we were facing an actual budget deficit of $340 million. That was the real figure--the figure that did not use the Social Security Trust Fund balances to mask the deficit. Thanks in large part to the President's deficit reduction package in 1993, and to a lesser extent the bipartisan budget cuts of 1997, we are approaching a truly balanced budget. I emphasize `'approaching,'' Mr. President, for we are not there yet. The budget projections of the Office of Management and Budget, and of the Congressional Budget Office, are just that--projections. We do not currently have a budget surplus, not without including the Social Security Trust Fund balances. Mr. President, I do not mean to minimize the wonderful budget turnabout that has been achieved. But we should not be building massive new commitments on a shaky foundation of questionable budget assumptions. And that is just what we have. The assumptions underlying the tax measure we will debate depend on Congress making cuts of $775 billion in real spending over the next ten years compared to current levels. Let me note that this level of cuts does not include any additional cuts that might have to be made in order to offset the cost of unanticipated emergencies. Let me repeat that, Mr. President. The $775 billion in real spending cuts over the next ten years does not include the spending we do to help the victims of hurricanes, earthquakes, tornadoes, floods, or any kind of international emergency. But, for the moment, let us suppose that there will be no hurricanes, or earthquakes, or tornadoes, or floods in the next ten years. Let us suppose that there will be no international emergencies that require our assistance. Will Congress find the political will to cut spending by three- quarters of a trillion dollars over the next ten years? Mr. President, Congress has yet to demonstrate it can stay even within the current spending caps, let alone find an additional three- quarters of a trillion dollars in cuts. Last fall, Congress passed an omnibus appropriations bill that busted the current spending caps by more than $20 billion. This past winter, even before we passed a budget resolution, the Senate passed another budget buster, S. 4, the military pay and retirement measure, which over the next ten years would add another $62 billion in spending. And just a few weeks ago, Congress busted the spending caps yet again with $15 billion in additional spending. Mr. President, this is not a record of fiscal discipline. Nor is it the kind of record that should give anyone confidence that the budget assumptions underlying this tax bill are sound ones. Mr. President, the assumptions underlying this tax bill are grounded not in fiscal reality but in political expediency. But, let us assume that somehow, Congress was able to enact the three-quarters of a trillion dollars in spending cuts. And let us further assume, as we did earlier, that there will be no hurricanes, or floods, or earthquakes, or drought, or any other kind of natural disaster for the next ten years. And that there will be no more Bosnias or Kosovos or Iraqs--no international emergencies of any kind for the next ten years. Even under all of these assumptions, would this tax proposal be a sound one? The answer is no, because even if each and every one of those rosy scenarios comes true, this bill would use over $75 billion in Social Security balances to pay for the tax breaks. Mr. President, I strongly oppose using Social Security to fund tax cuts; that is why I voted against the 1997 tax cut package. We simply should not be using Social Security balances--balances needed to pay future benefits--to fund other government programs, or to pay for tax cuts. Of course, some may argue that even more spending cuts will be found in order to avoid the use of Social Security balances--on the top of the three-quarters of a trillion dollars in cuts assumed in this measure. [[Page S9656]] Mr. President, granting even this still rosier scenario, would this tax measure be fiscally responsible? I regret that it would not, because not only does this tax bill risk our current budget, it puts future generations at risk as well. Mr. President, while the revenue impact of any tax cut measure can be expected to grow over time, the policies outlined in this measure explode. Consider that while in the next ten years, the cost of this proposal is an already whopping $800 billion--if those tax policies are continued, the cost in the second ten years will be a nearly unbelievable $2 trillion. If you add the additional interest payments that will arise from debt service, the total cost of the tax policies in this bill rise to over $3 trillion. For those who may have forgotten, let me remind my colleagues that it is in that second ten years when the baby boomer generation begins to retire and put increased pressure on Social Security, Medicare, and the long-term care services provided under Medicaid. If ever there were a time to be prudent, now is the time. As improved as the short-term budget picture is, the longer-term budget picture is little changed. We still face serious problems in Medicare, and as I noted, the baby boomer generation will put enormous pressure on that program, as well as on the long-term care services, many of which are provided through Medicaid. There is also a consensus that we should address the long-term fiscal health of Social Security, and the sooner the better. And finally, Mr. President, we still face a mountain of debt that was run up during the 1980s and early 1990s because of the deficits that were run up during that time. In each of these areas, there is a stark choice: we can act now to address each of these areas; or, we can ignore them, watch the problems get much worse, and leave the work and cost of reform to our children and grandchildren. Mr. President, for me, that's an easy choice. I do not want my children footing the bill for the failure of past generations to act responsible. I want to support a tax cut, but not one that jeopardizes the work we have done to straighten out the current budget and squanders the opportunity to reduce our debt and put Social Security, Medicare, and our long-term care system on sound footing. Mr. President, let me take a moment to look at the make-up of the tax measure itself. One might expect that a tax cut of $800 billion would provide the sort of broad-based tax benefits that would be politically attractive. But given the amount of revenue dedicated to this tax cut, the benefits to the average taxpayer are surprisingly small, and the overall package is heavily skewed to some of the wealthiest individuals and corporations in the world. As was noted by the tax watchdog group Citizens for Tax Justice, the tax bill gives three-quarters of its benefits to the best-off fifth of all taxpayers. By contrast, only 11 percent of the tax bill's benefits go to the bottom 60 percent of all taxpayers. While the average tax reduction for the wealthiest 1 percent of taxpayers--those with incomes over $300,000--is over $23,000 a year under this bill, those with more average income do not do quite as well. The average tax cut for those who are among the middle fifth of taxpayers will be $279, or about $5 per week. For those in the bottom three-fifths of all taxpayers, the average tax cut is even smaller--about $140 per year, or less than $3 per week. Mr. President, under this $800 billion tax bill, the majority of taxpayers will have an average tax cut of $3 per week. Maybe the proponents of this bill are hoping most of America will use this windfall to buy one of those overpriced cups of coffee. Well, Mr. President, thanks to this tax bill, once a week, three- fifths of America will now be able to go to one of those fancy coffee shops and get a frothy decaf cappuccino latte with skim milk. This tax bill is a bad tax policy any way you brew it. Mr. President, I recognize that some may genuinely believe we should dedicate about $800 billion to tax cuts over the next ten years. The tragedy is that even in that context, the $800 billion was spent unwisely, because in addition to Social Security, Medicare, long-term care, and reducing our national debt, one of our highest priorities should be significant reform of our tax code. It was just a few months ago that we heard how critical fundamental tax reform was to our future. Flat tax, consumption tax, a national value-added tax--there were a number of significant proposals that sought to address the inefficiency of our current Tax Code. Simplification was the order of the day, and let me add, Mr. President, that while I did not support many of those proposals, I think many of the proponents of reform got it exactly right. Our Tax Code should be simplified. We should reduce the number of special interest tax breaks and use that savings to lower the tax rates for everyone. I participated in just that kind of exercise at the State level as chair of the Taxation Committee in the Wisconsin State Senate. As we all know, there will be winners and losers in a reform of our tax code, and I can tell you from direct experience that the best time to enact tax reforms is when you have additional resources to help increase the number of winners and decrease the number of losers. Mr. President, this tax bill and the House version both squandered that opportunity as well. We might have had a significant start on real tax reform. Instead, we got a grab bag of goodies for special interests added to a tax code already thick with complexity. A recent article in the Washington Post listed a number of the special interest tax breaks in this bill and the House version. They include tax breaks for: multinational corporations, utility companies, railroad, oil and gas operators, timber companies, the steel industry, seaplane owners in Alaska, sawmills in Maine, barge lines in Mississippi, Eskimo whaling captains, and Carolina woodlot owners. This bill is a dream come true for business lobbyists. The Post reported one lobbyist as saying, ``If you're a business lobbyist and couldn't get into this legislation, you better turn in your six-shooter.'' Mr. President, in the name of complete disclosure, let me note that I understand the Democratic alternative, which I may support, suffers from the same problem, though to a much lesser extent. And it will come as no surprise to my colleagues that I firmly believe this kind of pandering to special interests is a direct result of our campaign finance system. There's ample evidence to that effect right here in this bill. The campaign finance system gives wealthy interest an open invitation to influence legislation in this body, and in this bill it's clear that special interests accepted that invitation in droves, Mr. President. For the benefit of my colleagues and the public, I'd like to share just a few examples of what these interests gave in PAC and soft money, and what they got in either this bill, the House tax measure, or both. I do this from time to time; it is known as ``The Calling of the Bankroll.'' According to the Washington Post, an umbrella organization called the Coalition of Service Industries, a coalition of banks and securities firms, won a provision to extend for five years a temporary tax deferral on income those industries earn abroad. The value of this tax deferral: $5 billion over ten years. So we know what Congress has given the Coalition of Service Industries, but what has the Coalition of Service Industries given to candidates and the political parties? During the 1997-1998 election cycle, coalition members gave the following: Ernst & Young--more than half a million dollars in soft money, and nearly $900,000 in PAC money. CIGNA Corporation--more than $335,000 in soft money, and more than $210,000 in PAC money. [[Page S9657]] American Express--more than $275,000 in soft money and nearly $175,000 in PAC money. Deloitte and Touche--more than $225,000 in soft money and more than $710,000 in PAC money. Of course, as I said Mr. President, this is just a sampling of what Coalition of Service Industries members have given. I'd be up here a lot longer if I had a document all the millions of dollars these groups have given. But it doesn't stop there. These two tax bills mean Christmas in July for special interests, Mr. President, with gifts for jut about every industry in Santa's bag. The post reports the utility industry got a provision affecting utility mergers in the House measure, which, if it survives, is worth more than $1 billion to the utility industry. The provision would excuse the payment of taxes on the fund that utilities set up to cover the costs of shutting down nuclear power plants. Utilities companies that operate nuclear power plans would be particularly grateful to see this provision passed, Mr. President. Their depth of their gratitude would be matched only by the size of their campaign contributions during the last election cycle, including: Entergy Corporation, which gave $228,000 in soft money and nearly $250,000 in PAC money; Commonwealth Edison, which gave $110,000 in soft money and more than $106,000 in PAC money; And Florida Power and Light, which gave nearly $300,000 in soft money and more than $182,000 in PAC money. As it does so many other issues, our campaign finance system is preventing real reform to our tax code, and those who doubt that only need to look at this bill. Mr. President, the best thing we can say about this tax bill is that it will not be enacted into law. The President will almost surely veto it, and he will be right in doing so. This bill is fiscally irresponsible. It depends on budget suppositions that are at best fanciful. It uses Social Security balances to pay for tax cuts. It proposes a tax policy that no only jeopardizes our current budget but our future fiscal health. It sticks our children and grandchildren with the cost of paying-off the debt run up over the past two decades, and leaves them the task of extending the solvency of Social Security, strengthening Medicare, and reforming our long-term care system. And it hands our special interest tax breaks galore while providing little tax relief to the vast majority of taxpayers. Mr. President, I will vote against this bill, and urge my colleagues to do so as well. Mr. President, I yield the floor. Mr. BAUCUS. Mr. President, I yield 5 minutes to my good friend from Delaware, Senator Roth. Mr. ROTH. Mr. President, Senator Gramm has provided Members with a straightforward alternative to the bipartisan Finance Committee bill. I compliment him on the clarity of his approach, much of which I favor. Although provisions of Senator Gramm's substitute have appeal for me, frankly, I could not have used it as a basis for the Finance Committee. His proposal contains elements that would not garner a majority of committee members. In addition, Senator Gramm's substitute, though popular with many in the Senate Republican caucus, would not pick up support on the other side of the aisle. For that reason, his proposal would not be a blueprint for tax cuts, in the form of a signable bill, that we can deliver to the American people now. Finally, although Senator Gramm's amendment is simpler, it leaves out many bipartisan tax measures that address important tax issues. For instance, education savings incentives are deleted. This means parents who want to save for a child's college education would be left out of the picture. We're talking about millions of parents and students in every state. Yet another example is the student loan interest deduction. Under the Finance Committee bill, at least three million graduates, bearing the burden of college debt, would be allowed to deduct student loan interest on their tax returns. In my legislation I try to focus on matters of need to the American family. I provide incentives to promote savings, pensions, IRAs. Many in retirement depend not only on Social Security, which we will address, but also on personal savings and pensions. My bill addresses that. There is nothing to correct the problems of AMT, the alternative minimum tax. Unfortunately, thousands upon thousands of American families will be hit by AMT and not enjoy the full benefit of many programs such as the child tax credit. Finally, nothing is done with respect to charitable giving. We have proposals that will promote and create incentives. For these and other reasons, I must oppose Senator Gramm's well- intentioned amendment. I reserve the remainder of my time. Mr. BAUCUS. Mr. President, I yield myself such time as I might consume. The Finance Committee has already rejected this provision. The Finance Committee deliberated this amendment in committee, and, by a large margin turned it down because it is excessive. It is irresponsible, in my judgment. It is not the right thing to do. It says we are going to take the entire on-budget surplus. And because of the tax cut plus the lost interest on the debt, there is nothing left for Medicare, discretionary spending or any other programs which will be cut anyway by a very large margin. It is excessive, too, compared to the bill passed by the committee because it is so backloaded. It is so top heavy. By that, I mean the bulk of the cost of the provisions are at the very end--6, 7, or 8 years from now. No one can predict the future of this country and what position we will be in 6 to 8 years from now. I was speaking to the CEO of a major American company a few days ago, a man we all know, a company we all know very well. He told me they can't begin to plan for the future. They do have 5-year plans but they know the 5-year plans are not going to be accurate. So they have to just do the best they can on virtually a quarterly basis. They have to go ahead in the areas they think are the areas of the future, but it is almost impossible to plan in this modern era. So I say, if we today were to lock in provisions in the law which will hemorrhage this country's budget surplus based upon ephemeral, distant projections which are never accurate, that is not responsible. That is not the right thing to do. And that is what this amendment does. That is why basically, fundamentally, without going into all the details of it, why this does not make sense. It has often been stated during this debate that the time when the baby boomers begin to retire is when these things really start to kick in and the costs explode. I think prudence is the watchword here today. History sometimes is a guide. Look at the 1980s. What happened in the 1980s? There was a huge tax cut. Congress succumbed to the siren song of supply side economics. What was supply side economics supposed to do? It was supposed to make deep tax cuts, spend more on defense, and guess what, folks, that is going to cause the budget to be balanced. That was what supply side economics was supposed to do--advocated, by the proponents of this amendment. It was going to balance the budget. The theory is the trickle down theory: Cut the taxes of the most wealthy, they invest a lot more, it trickles down and the economy starts humming and it balances the budget. That was the Laffer curve. Guess what, it did not work. We kind of knew it was not going to work, but it was such a temptation, such a siren song to vote these huge tax cuts, hoping, hoping, hoping that what the proponents said would come true. Guess what, it did not. It did not come true at all. The tax cut was passed in 1981. Then what happened in 1982? This Congress, a Republican Congress, and President Reagan, had to change course. They had to raise taxes. The Republican Congress and Republican President raised taxes in 1982. Then guess what. This tax increase was not enough because the deficits were just so large. The Republican Congress and Republican President had to raise taxes again in 1984. They had to raise taxes more because the deficit was so large. The national debt in 1980 was roughly about [[Page S9658]] $1 trillion; 8 years later it was roughly $3 trillion, maybe close to $4 trillion. It tripled and quadrupled during that time of the huge tax cuts. Then we had to add more taxes back again in 1982 and 1984. So, in many ways this is history repeating itself. Democrats in the Senate support a tax cut. We support using a third of the on-budget surplus to pay for a tax cut. But we are just saying don't use all of the on-budget surplus for tax cuts with virtually all going to the most wealthy Americans. Do you know what else is going on here? I do believe the proponents of this bill are so--not distrustful, but so opposed to Government that they want these huge tax cuts partly to force down deeper cuts, way below the baseline in spending. I think they want to cut veterans' benefits 30 percent; they want to cut health education 20, 30 percent; want to cut these programs. I think there are really many on that side who want to make these cuts. They want to. As strange as that might sound, they want to. That is another reason for this huge tax cut because it will force cuts in spending later on. We have already cut spending. Discretionary spending has been cut so much by this body over the last 10 years it is unbelievable. And the size of government has gone down, with many fewer federal employees than there were years ago. To sum it all up, we have seen this provision in the Finance Committee. The Finance Committee soundly rejected this amendment. I urge the Senate to also soundly reject this amendment. It is not good policy. I reserve the remainder of our time. The PRESIDING OFFICER. The Senator from Texas. Mr. GRAMM. Mr. President, I yield 10 minutes to the distinguished Senator from Tennessee. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, I think Senator Gramm is bringing a very important principle to the table, one that we need to address: If we are going to have a tax cut, what kind of tax cut should we have? What is best for the economy, and what is fair? There was a consensus in this country, 10, 15 years ago, that we needed to have a tax policy based upon a broader base and lower rates. That is essentially the tax bill that came out in 1986. We came down to two tax rates. We had a 15-percent and a 28-percent tax rate. There was a broader base, where more people were paying taxes, but lower rates. In the 1990s, we have gotten away from that. We have gotten away from that principle and gone, instead, toward what has been referred to as targeted tax cuts. That its basically the Government--we, the President--that decide, on an individual basis, who deserves the tax break or tax cut in any particular year. Usually it is based upon how much clout they have, or some notions of fairness of a particular congressional makeup at some particular time. So now we have wound up with higher rates and a narrower base. We now have five income tax rates instead of the two we had back in 1986 in addition to phaseouts. The Tax Code, not only do we have additional rates, it has become more progressive, even in addition to those rates. I do not think a lot of people are aware of this. I think most Americans think initially, basically, they can look at tax rates and see what their tax burden is. But then you look at all the phaseouts that we have. Congress has decided in its wisdom that people of a certain income level do not deserve some of the deductions, exemptions, and benefits that others deserve. So we have a personal exemption phaseout. We have an itemized deduction phaseout at basically the $124,000 level for individuals. I am talking about individuals and not couples, in terms of the dollar amounts I am using. The personal exemption phaseout; itemized deduction phaseout, limitation of only being able to deduct that amount over 2 percent of itemized deductions; a 7.5 percent floor on medical deductions; a 10 percent adjusted gross income floor on casualty deductions; a $500 child credit that phases out at an income level of $75,000; a dependent child credit that begins to be phased out at an income level of $10,000--if you make that much it begins to be phased out; a deductible IRA, $30,000; an education IRA, $95,000; the HOPE credit, college credit, begins to be phased out at $40,000 for an individual. So we want to help you go to college, we want to help your kids go to college--as long as you do not have a job, basically is what that amounts to. We have a life-time learning credit of $40,000; student loan interest deductions, at $40,000 it begins to be phased out; education savings bond interest--if you make $52,000 you begin to lose that; elderly/ disabled credit, $7,500; adoption credit/exclusion, $75,000; DC first time homebuyer--if you make $75,000, you begin to have that phased out as a taxpaying individual; rental real estate losses; rehabilitation tax credit--on and on and on. In addition to continuing to raise the tax rate--the highest one in 1986 was 28 percent and now it is up to 39.6 percent plus the maximum-- plus the limited itemized deductions and phaseout of personal exemptions, you wind up with an effective rate of over 40 percent. When you remove the cap on Medicare tax, plus these phaseouts, you are looking at, in some cases, close to an effective 45-percent tax rate, something like that. My only point is that, as we decide how to go forward, we need to understand that we have a progressive system as far as our income Tax Code is concerned, and that is the way it ought to be. A lot of people believe it is that way. But every time we have a tax cut, we cannot say let's give everybody the same dollar amount back in taxes regardless of how much they paid in because we have a very progressive system. We have progressive tax rates up to 39.6 percent, with phaseouts so that if you are making any money, if people are working hard and making a pretty good living, they begin to lose the deductions and credits. That makes it even more progressive. We come along and say we are going to give a tax cut now, and we say if the other guy is paying twice as much in taxes as I am, give him a tax cut. He lost all these exemptions because he is making good money. He is paying twice as much in taxes. But we come along with a tax cut and we say they are going to both get the same amount back? I do not think that makes much sense. Let's say the economy was good and we were able to have successive tax cuts over a period of time and we gave the same dollar amount back to everybody regardless of how much they were paying in taxes. We would have a narrower and narrower base all the time and fewer and fewer people paying any taxes at all. We would continually be taking people off the tax rolls. We already have 43 million people who do not pay taxes. As progressive as our Tax Code is, as does the Senator from Texas, I make no apologies for the proposition that when it comes time for a tax cut, let's base the tax cut on how much people are paying in. We have to ask ourselves a fundamental question: Are we interested in punishing folks who make a good living or are we interested in collecting money for the Federal Government to pay legitimate Government expenses? History shows every time we have had a reduction in tax rates, we have more money. Every time the Government reduces rates in any appreciable amount, the Government winds up getting more money. In the 1920s, it was true. In the 1960s, under President Kennedy, who said a rising tide lifts all boats, it was true. In the much maligned 1980s, which laid the groundwork for the greatest economic prosperity this world has ever known, it was true. Increased revenues in the twenties was 61 percent over a 7-year period. In the sixties, a revenue increase after inflation was about 33 percent. In the eighties, after cutting the tax rates, revenues increased 28 percent because it reduced the incentive to hide income, to shelter income, and to underreport income. Similarly, the share of the tax burden paid by the rich rose dramatically as the rates fell. By cutting rates, we get more money out of the rich. Do we want to be concerned about how much somebody is making and try to hold that down or do we want the money for the Federal Government? I thought the idea was to have a fair Tax [[Page S9659]] Code but to raise the money for the legitimate expenses of the Federal Government. In the 1920s, they called rich $50,000. I guess things have not changed that much. But in 1921, the rich paid 44 percent of the income tax. In 1928, after the rate cut, they paid 78 percent of all taxes. The gap was not quite as pronounced later on, but in 1963 under President Kennedy, at the time of the cut, the rich were paying 11.6 percent of all the taxes being paid. In 1966, they were paying 15.1 percent. In the 1980s, we were talking about the top 10 percent---- The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON. I ask for another 3 minutes. Mr. GRAMM. I yield the Senator another 3 minutes. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. In the 1980s--1981--the rich were paying 48 percent of the taxes. In 1988, they wound up paying 57 percent of the taxes. We do not get a lot of credit taking up for the rich, but our responsibility as public servants is to look out for the country and have policies that are going to get the most money and not try to be too concerned about who is going to get this share of the economic pie: I am going to get yours; you are not going to get mine. Our concern should be with making that economic pie better. As far as an across-the-board cut is concerned, every serious observer nowadays thinks it is sound economic policy. Lawrence Lindsey, former Federal Reserve Board member, George Shultz, former Secretary of State, and even the oft quoted Chairman Greenspan--there may be some discussion as to when he thinks a tax cut should come about, but he says when it comes about, it ought to be an across-the-board rate reduction. This is sound economic policy. I know the prospects for this particular amendment, but all of this business about soak the rich and unfairness, we need to keep a little balance and keep things in mind. If we want more money, if we want to be fair--first of all, we have to recognize we have a very progressive system in this country, so when it comes time for a tax cut, let's pay some attention to the idea of across the board and not have politic

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TAXPAYER REFUND ACT OF 1999--Resumed
(Senate - July 29, 1999)

Text of this article available as: TXT PDF [Pages S9651-S9737] TAXPAYER REFUND ACT OF 1999--Resumed The PRESIDING OFFICER. The clerk will report the bill. The legislative assistant read as follows: A bill (S. 1429) to provide for reconciliation pursuant to section 104 of the concurrent resolution on the budget for fiscal year 2000. Pending: Abraham amendment No. 1398, to preserve and protect the surpluses of the social security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Baucus motion to recommit the bill to the Committee on Finance, with instructions to report back with an amendment to reduce the tax breaks in the bill by an amount sufficient to allow one hundred percent of the Social Security surplus in each year to be locked away for Social Security, and one- third of the non-Social Security surplus in each year to be locked away for Medicare; and an amendment to protect the Social Security and Medicare surplus reserves. Robb amendment No. 1401, to delay the effective dates of the provisions of, and amendments made by, the Act until the long-term solvency of Social Security and Medicare programs is ensured. Motion to Waive the Budget Act Amendment No. 1398 The PRESIDING OFFICER. The Senator from Nevada. Mr. REID. Mr. President, the pending amendment is not germane. I raise a point of order that the Abraham amendment violates section 305(b)(2) of the Congressional Budget Act of 1974. The PRESIDING OFFICER. The Senator from Michigan. Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment. Mr. GRAMM. I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? [[Page S9652]] There appears to be a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. There is 2 minutes of debate. Who yields time? Mr. REID. Mr. President, in a letter dated April 21, 1999, on a similar provision, then-Secretary of the Treasury Robert Rubin wrote to Senator Moynihan that this ``provision could preclude the United States from meeting its financial obligations to repay maturing debt and to make benefit payments--including Social Security checks--also worsen a future economic downturn.'' The lockbox in this proposal is potentially destabilizing in a manner reminiscent of the constitutional amendment to require a balanced budget. I remind those who propose rigid 10-year schedules for reducing the publicly held debt that economics does not follow the agricultural cycle. There will be periods when surpluses, both on and off budget, will fall far short of projections. We should not impose a debt reduction schedule, enforced by a declining debt cycle ceiling, even if it can be overridden with 60 votes. To do so will risk default every time the debt ceiling is lowered. Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act. The PRESIDING OFFICER. All time has expired. The question is on agreeing to the motion to waive the Budget Act. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 54, nays 46, as follows: [Rollcall Vote No. 227 Leg.] YEAS--54 Abraham Allard Ashcroft Bennett Bond Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner NAYS--46 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Roth Sarbanes Schumer Torricelli Wellstone Wyden The PRESIDING OFFICER (Mr. Frist). On this vote the yeas are 54, and the nays are 46. Three-fifths of the Senators present and voting, not having voted in the affirmative, the motion to waive the Budget Act is rejected. The point of order is sustained, and the amendment falls. Mr. ROTH. Mr. President, I ask unanimous consent that the remaining votes in this series be limited to 10 minutes in length, and I ask that all the Members of the Senate stay on the floor. We have a full and busy day. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BAUCUS. Mr. President, I move to reconsider the vote. Mr. REID. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege Of The Floor Mr. LEAHY. Mr. President, I ask unanimous consent that Peter McDougall of my staff be given floor privileges throughout the day. The PRESIDING OFFICER. Without objection, it is so ordered. Motion To Recommit The PRESIDING OFFICER. The question is on the Baucus motion. Mr. BAUCUS. Mr. President, I understand each side has 1 minute of explanation. The PRESIDING OFFICER. The Senator is correct. Mr. BAUCUS. Mr. President, this is a very simple matter before the Senate. It is a choice: Do we want to protect Medicare or not. It is that simple. That is the choice that we are presented with today. The amendment I am offering is the House lockbox which passed the House by an overwhelming margin--it only had three or four votes against it--along with the Medicare lockbox. The Medicare lockbox we provide sets aside one-third of the on-budget surplus for Medicare. It can be used in whatever way we want to use it for Medicare, including to provide an affordable prescription drug benefit or for shoring up Medicare solvency. That is the choice before the Senate. Do we preserve Medicare or not. Our choice here today, however, is nothing compared to another choice. That is the choice that about 16 million seniors must make every day: Do I choose to buy my medicine, choose to pay the rent, or choose to buy food? We are saying set aside and preserve for Medicare one-third of the on-budget surplus so that the choices facing seniors are not quite as abhorrent. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. Mr. President, this is another opportunity on the part of the other side to propose to the American people that they want anything but tax relief. This is a motion to recommit. It would do nothing to protect Medicare. It is the President's proposal, which is a phony transfer of IOUs to the Medicare trust fund. It does nothing to help senior citizens. It is just an effort to lock up $300 billion so you can't give the American people a tax cut, plain and simple. They don't want to confront the issue of a lockbox for Social Security so they muddle it up and instead of trying to solve something, they would like to create an issue instead of a solution. Frankly, there are hardly any experts in America who look at this lockbox concept for Medicare and say it helps the seniors or it helps Medicare. If this is the plan the President is alluding to across this land, then he has none. I believe, since the other side did not let us have a vote, we ought to do ours procedurally also, and I am compelled to do that. Therefore: The language in this amendment is not germane to the bill before us, so I raise a point of order under section 305(b)(2) of the Congressional Budget Act. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, pursuant to section 904 of the Budget Act, I move to waive the applicable sections of that act for the consideration of the pending amendment. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Budget Act in relation to the Baucus motion to recommit S. 1429. The yeas and nays have been ordered. The clerk will call the roll. The legislative assistant called the roll. The yeas and nays resulted--yeas 42, nays 58, as follows: [[Page S9653]] [Rollcall Vote No. 228 Leg.] YEAS--42 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Inouye Johnson Kennedy Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Torricelli Wellstone Wyden NAYS--58 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hollings Hutchinson Hutchison Inhofe Jeffords Kerrey Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 58. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the motion falls. The PRESIDING OFFICER. The Senator from Delaware. Mr. ROTH. Mr. President, I move to reconsider the vote. Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH. Mr. President, I ask unanimous consent that all amendments and motions to recommit to S. 1429 must be filed by 2 p.m. today at the desk and with the bill managers. Mr. STEVENS. Reserving the right to object, what time was that? Mr. ROTH. Two p.m. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Amendment No. 1401 Mr. ROTH. Mr. President, I think we are ready for the vote on the next amendment. The PRESIDING OFFICER. There are 2 minutes equally divided. Who yields time? Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. ROBB. Mr. President, this amendment simply delays the effective date of the tax cut that is proposed. There are many who believe that a tax cut of this magnitude at this time would be ludicrous. But that is not the issue. The issue is whether or not we ought to go ahead with a tax cut notwithstanding the fact that we have not protected Social Security and Medicare. Most of the people who have spoken so far have talked about their concern for doing just that. The lockbox provisions were proposing to do just that. If you want to save Social Security and Medicare, this is an incentive. It will delay the implementation of the act, but it will not negate the effectiveness of the act. I ask that our colleagues vote to support this particular amendment, save the one-half of 1 percent of the total which would be expended this year, and not lock in cuts that would cost $792 billion, which would be almost impossible to reverse should that prove to be the case. The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON addressed the Chair. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, no one in this chamber thinks other than that we want a real, sound, solid, and solvent Social Security system and Medicare system. Most of us, however, realize we will only have that if we have fundamental reforms in those systems, such as that proposed by the Medicare commission at which the President scoffed. This amendment will serve to actually make Social Security and Medicare less sound. It will actually delay the process of real reform. The solvency dates that are used in this legislation are taken from the President's proposal and will invariably result in pouring more and more general revenues into these entitlement programs, delaying the day when we have to face up to the fact that we have to have fundamental reform. Our bill sets aside 75 percent of the surplus for Medicare, Social Security, debt retirement, and other spending priorities. With regard to the 25 percent remaining, there is no reason to delay tax cuts. If we saved every penny of the surplus, put it into Medicare and Social Security, it would not do one thing toward solving the fundamental problem. This language is not germane to the bill now before us; therefore, I raise a point of order, under section 305(b)(2) of the Congressional Budget Act of 1974. Mr. ROBB. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Congressional Budget Act in relation to the Robb amendment No. 1401. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 46, nays 54, as follows: [Rollcall Vote No. 229 Leg.] YEAS--46 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Snowe Torricelli Voinovich Wellstone Wyden NAYS--54 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Specter Stevens Thomas Thompson Thurmond Warner The PRESIDING OFFICER. On this vote the yeas are 46, the nays are 54. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the amendment falls. Mr. MOYNIHAN. Mr. President, I move to reconsider the vote. Mr. ROTH. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1405 (Purpose: To return to the taxpayers a portion of the budget surplus that they created with their tax payments) The PRESIDING OFFICER. Under the previous order, the Senator from Texas is recognized to offer an amendment. Mr. GRAMM. Mr. President, I send an amendment to the desk in the nature of a substitute for myself, for Senator Lott, Senator Nickles, Senator Mack, Senator Coverdell, Senator Craig, Senator McConnell, Senator Inhofe, Senator Hutchison, Senator Bunning, Senator Kyl, Senator Bob Smith of New Hampshire, Senator Allard, and Senator Hagel, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Texas [Mr. Gramm], for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. Coverdell, Mr. Craig, Mr. McConnell, Mr. Inhofe, Mrs. Hutchison, Mr. Bunning, Mr. Kyl, Mr. Smith of New Hampshire, Mr. Allard, and Mr. Hagel, proposes an amendment numbered 1405. Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S9654]] (The text of the amendment is printed in today's Record under ``Amendments Submitted.'') Mr. GRAMM. Mr. President, I have the highest admiration for the chairman of the Finance Committee. I am supportive of the tax cut he has crafted in committee. I intend to vote for it on final passage if this amendment fails. But I believe we need a clearer vision. I believe we need to define very precisely what we would like to use this tax cut to do, rather than running around trying to stick a nickel in everybody's pocket with a targeted program. I would prefer to have a tax cut that has clear themes and this is a very simple substitute because it consists of simply five things. So this is a tax cut that you can explain to every American, and it contains basic principles that I believe every American can understand and support. The first principle is we ought to have an across-the-board tax cut of 10 percent. Now, I know our Democrat colleagues are going to jump up and down and say, first of all, that 32 percent of American families pay no income taxes, and so if you have an across-the-board tax cut, they will not get a tax cut. And that is right. Tax cuts are for taxpayers. If you don't pay taxes and we have a tax cut, you don't get a tax cut. Most Americans don't get food stamps; most Americans don't get TANF; most Americans don't get Medicaid because they don't qualify for those programs. If you don't pay taxes, you don't qualify for a tax cut. Our Democrat colleagues are obviously going to jump up and down and say that Senator Rockefeller, who pays 10 times as much taxes as I do, with a 10-percent across-the-board tax cut, will get 10 times as big a tax cut. That is right, but he pays 10 times as much taxes. If you ask people in your church to take up money to build a new parsonage and it turned out you had taken up too much money, and you decided to give it back, isn't the logical way to give it back to simply take how much an individual gave and take the amount that you didn't need and give it back to them proportionately? So the point is, the first principle we believe in is there ought to be an across-the-board tax cut, so every American who pays income taxes will get a tax cut. Now, our Democratic colleagues have said they believe if you are rich, which means you are in the upper half of the income distribution--and they design that as roughly making somewhere around $50,000--you don't deserve a tax cut. In their proposal, you basically don't get one. I want to remind my colleagues that by excluding people who pay 99 percent of the income taxes in America, they are excluding from a tax cut 62 percent of all homeowners, 66 percent of all Americans between the ages of 45 and 64, 67 percent of all families who have children in their homes, 67 percent of all full- time workers, 68 percent of all Americans who have some college education, 69 percent of all married couples, and 80 percent of all two-wage earner families in America. Our Democrat colleagues love investment, but they hate investors. They love the benefits of capitalism, but they hate capitalists. An across-the-board tax cut gives everybody a tax cut, and if people pay a lot of taxes, they get a bigger tax cut--not proportionately, but they get the same tax cut. If that offends you, if you believe that somehow people who make over $50,000 a year are the enemies of the people and they ought to continue to be punished, you would want to be against this provision. The next thing this provision does is it eliminates the marriage penalty. Most Americans are not aware of that because our Tax Code is so perverted, if two young people, both of whom work, fall in love and get married, they, on average, pay the Federal Government $1,400 a year in taxes for the right to be married. My wife is worth $1,400, but the point is, she ought to get the money, not the Government. We eliminate the marriage penalty. Secondly, we have income splitting. Now, I know some of our Democrat colleagues are going to get up and say, well, look, if the husband earns all the money and the wife stays at home and raises the children, they ought not to get the correction for the marriage penalty. Well, we do income splitting. We have decided we don't want to inject the Tax Code in the decision about whether people work outside the home or not. My mama worked every day that I was a child, and she did it because she had to do it. My wife has worked every day that our children have been alive because she wanted to do it. I am not trying to distort the decision one way or another, or make a judgment. All I am saying is that people who stay at home and raise their children contribute to America. They make a big contribution. By allowing a couple, where only one of them works outside the home, to split their income and attribute half to each one of them--that is what the partnership of marriage is about--we are able to give them a substantial reduction in the penalty they pay for being married. The next provision is, we repeal the death tax, which is a certain kind of death penalty. I like the death penalty where we put murderers to death. I don't like the death penalty when working people die and we end up forcing their children to sell their business or their farm. All over America, people work a lifetime to build up a business or a farm, and then when they die, their children have to sell that business or sell that farm to give Government 55 cents out of every dollar they earned in a death tax. This provision repeals the death tax. Now, I know that our Democrat colleagues are going to get up and say, well, these are rich people. But I want to give you an example. When I first met a printer from Mexia named Dicky Flatt, I met him about 25 years ago. He was in business with his daddy, who worked on these old calculator machines that businesses use. His mama kept all the books, his wife basically was working in their stationery shop, and Dicky Flatt did the printing business. They had an old building in Mexia, and it was cracking right down the middle. They kept putting sand in the bottom and kept tar-papering over the top. They had one bathroom, and it didn't have a door on it; it had a curtain on it. So when you went in to use the bathroom, you pulled the curtain. Now, they worked hard in that business. So now Dicky Flatt has torn down that building. He has built a Morton building, a metal building, and he has a good size print shop and stationery shop. He sent his two sons to Texas A They have come back and have gone into business with him. He works every day. He gets in at 6 and leaves about 8. He is there on Saturday until 6 o'clock. Whether you see him at the PTA, Boy Scouts, or the Presbyterian Church, try as he may, he never gets that blue ink off the ends of his fingers. Now, Dicky Flatt may be rich, for all I know. He doesn't live like a rich guy. When his brother died of cancer, he took over his school supply business with his wife. My basic point is that Dicky Flatt and Linda, his wife, have worked 6 days a week their whole lives. They built up this business. Every penny they put into it has been in after- tax dollars. How can it be right to force their two boys, who now work in that business, to sell that business when Dicky and his wife Linda die in order to give the Government 55 percent of it, in order to take the money from Dicky Flatt and give it to people who have been sitting on their fannies in Mexia, not working on Saturday, and in some cases, not working at all? I am sure we are going to hear that this is for rich people. I want to put a human face on it. When we revolted against King George, he wasn't doing things such as the death tax. This is an outrage. This is an assault on every value this country stands for, and I want to repeal it and repeal it outright. I want to index the capital gains tax. That is the fourth provision of this bill. I want to say that from this day forward, if you buy a house as an investment and the price doubles and you sell the house for twice as much as you paid for it, you haven't made any money, you simply kept up with inflation. But under current tax law, you have to pay the Federal Government a capital gains tax on the doubling of your house's price even though that new price will buy only the amount of goods you could have bought with the money for which you bought the house. So the next thing we do is index the capital gains tax for inflation. Finally, we eliminate not the last outrage in the Tax Code but it is a big [[Page S9655]] outrage. If General Motors buys you health insurance, it is tax deductible for them, but if you buy it for yourself, it is not tax deductible. We eliminate that by saying that no matter who buys health insurance in America, the employer or the employee, a retiree or a worker, a homemaker or someone who is employed in the economy, that health insurance is tax deductible. It is a simple tax cut that you can put on one piece of paper. If you pay taxes, you are going to get a 10-percent reduction in income taxes out of this bill. It is easy to figure. If you pay $1,000 in income taxes, you are going to get $100. If you pay $10,000, you are going to get $1,000. If that breaks your heart, so be it. I think most people will like it. Second, we eliminate the marriage penalty and we allow income splitting. If you have one parent who stays at home, you are able to divide the income in half and have each of them claim half that income that belongs to them. This is endorsed by every family group in America because it is the right thing to do. We repeal the death tax outright over a 10-year period--no ifs, ands, or buts. If you live 10 more years, under this bill, and you build something with after-tax dollars, it belongs to your family forever. That is simple arithmetic. I think we can all understand it. We index the capital gains tax so that you never pay capital gains tax again on inflation. This is a big issue for every homeowner and for every investor in America. Finally, we provide full deductibility of health insurance. This is an equity issue. It is something that ought to be done. This is a tax cut you can understand. It represents what I believe is the vision of the party of which I am proud to be a member. I hope my colleagues will vote for this substitute. I believe it represents a dramatic improvement and simplification in the Tax Code. I reserve the remainder of my time. The PRESIDING OFFICER (Mr. Allard). Who yields time? The Senator from Montana. Mr. BAUCUS. Mr. President, I yield 1 minute to the Senator from California and then 10 minutes to the Senator from Wisconsin, off the bill. The PRESIDING OFFICER. The Senator from Delaware controls the time in opposition. Mr. BAUCUS. The Senator from Delaware delegated that to the Senator from Montana. The PRESIDING OFFICER. The Chair thanks the Senator for that clarification. The Senator from California is recognized. Mrs. BOXER. Thank you, Mr. President. I thank Senator Baucus. My colleague from Texas says the Democrats hate investors and the Democrats hate capitalism. As a former stockbroker, I deeply resent his remarks. Maybe when the Senator from Texas was a Democrat he hated capitalism and he hated investors, but the Democrats around here don't. One of the reasons we are not supporting his amendment is that we think it is bad for capitalism and we think it is bad for investors. I have to say that this amendment, which reflects what the House did, is a risky and radical amendment. It hurts the middle class. He says he loves the middle class. He talks about his momma and Dicky Flatt. And I love to hear him do it. But the bottom line is, the result of his amendment will hurt the very people he says he wants to help because it is such an unfair tax cut that would go to the very wealthiest and hurt the middle class and the working poor. I say to my friends who may be listening to this debate, the Senator from Texas is a great debater but he was wrong when he said the Clinton plan would lead to economic disaster and he is wrong today. I hope we will vote down his amendment. I yield my time. The PRESIDING OFFICER. The Senator from Wisconsin. Mr. FEINGOLD. Mr. President, I thank the Senator from Montana. Mr. President, I rise to offer some comments on the reconciliation tax measure we are considering. First, let me note that we have come a long way in the last seven years. When I first came to the Senate, we were facing an actual budget deficit of $340 million. That was the real figure--the figure that did not use the Social Security Trust Fund balances to mask the deficit. Thanks in large part to the President's deficit reduction package in 1993, and to a lesser extent the bipartisan budget cuts of 1997, we are approaching a truly balanced budget. I emphasize `'approaching,'' Mr. President, for we are not there yet. The budget projections of the Office of Management and Budget, and of the Congressional Budget Office, are just that--projections. We do not currently have a budget surplus, not without including the Social Security Trust Fund balances. Mr. President, I do not mean to minimize the wonderful budget turnabout that has been achieved. But we should not be building massive new commitments on a shaky foundation of questionable budget assumptions. And that is just what we have. The assumptions underlying the tax measure we will debate depend on Congress making cuts of $775 billion in real spending over the next ten years compared to current levels. Let me note that this level of cuts does not include any additional cuts that might have to be made in order to offset the cost of unanticipated emergencies. Let me repeat that, Mr. President. The $775 billion in real spending cuts over the next ten years does not include the spending we do to help the victims of hurricanes, earthquakes, tornadoes, floods, or any kind of international emergency. But, for the moment, let us suppose that there will be no hurricanes, or earthquakes, or tornadoes, or floods in the next ten years. Let us suppose that there will be no international emergencies that require our assistance. Will Congress find the political will to cut spending by three- quarters of a trillion dollars over the next ten years? Mr. President, Congress has yet to demonstrate it can stay even within the current spending caps, let alone find an additional three- quarters of a trillion dollars in cuts. Last fall, Congress passed an omnibus appropriations bill that busted the current spending caps by more than $20 billion. This past winter, even before we passed a budget resolution, the Senate passed another budget buster, S. 4, the military pay and retirement measure, which over the next ten years would add another $62 billion in spending. And just a few weeks ago, Congress busted the spending caps yet again with $15 billion in additional spending. Mr. President, this is not a record of fiscal discipline. Nor is it the kind of record that should give anyone confidence that the budget assumptions underlying this tax bill are sound ones. Mr. President, the assumptions underlying this tax bill are grounded not in fiscal reality but in political expediency. But, let us assume that somehow, Congress was able to enact the three-quarters of a trillion dollars in spending cuts. And let us further assume, as we did earlier, that there will be no hurricanes, or floods, or earthquakes, or drought, or any other kind of natural disaster for the next ten years. And that there will be no more Bosnias or Kosovos or Iraqs--no international emergencies of any kind for the next ten years. Even under all of these assumptions, would this tax proposal be a sound one? The answer is no, because even if each and every one of those rosy scenarios comes true, this bill would use over $75 billion in Social Security balances to pay for the tax breaks. Mr. President, I strongly oppose using Social Security to fund tax cuts; that is why I voted against the 1997 tax cut package. We simply should not be using Social Security balances--balances needed to pay future benefits--to fund other government programs, or to pay for tax cuts. Of course, some may argue that even more spending cuts will be found in order to avoid the use of Social Security balances--on the top of the three-quarters of a trillion dollars in cuts assumed in this measure. [[Page S9656]] Mr. President, granting even this still rosier scenario, would this tax measure be fiscally responsible? I regret that it would not, because not only does this tax bill risk our current budget, it puts future generations at risk as well. Mr. President, while the revenue impact of any tax cut measure can be expected to grow over time, the policies outlined in this measure explode. Consider that while in the next ten years, the cost of this proposal is an already whopping $800 billion--if those tax policies are continued, the cost in the second ten years will be a nearly unbelievable $2 trillion. If you add the additional interest payments that will arise from debt service, the total cost of the tax policies in this bill rise to over $3 trillion. For those who may have forgotten, let me remind my colleagues that it is in that second ten years when the baby boomer generation begins to retire and put increased pressure on Social Security, Medicare, and the long-term care services provided under Medicaid. If ever there were a time to be prudent, now is the time. As improved as the short-term budget picture is, the longer-term budget picture is little changed. We still face serious problems in Medicare, and as I noted, the baby boomer generation will put enormous pressure on that program, as well as on the long-term care services, many of which are provided through Medicaid. There is also a consensus that we should address the long-term fiscal health of Social Security, and the sooner the better. And finally, Mr. President, we still face a mountain of debt that was run up during the 1980s and early 1990s because of the deficits that were run up during that time. In each of these areas, there is a stark choice: we can act now to address each of these areas; or, we can ignore them, watch the problems get much worse, and leave the work and cost of reform to our children and grandchildren. Mr. President, for me, that's an easy choice. I do not want my children footing the bill for the failure of past generations to act responsible. I want to support a tax cut, but not one that jeopardizes the work we have done to straighten out the current budget and squanders the opportunity to reduce our debt and put Social Security, Medicare, and our long-term care system on sound footing. Mr. President, let me take a moment to look at the make-up of the tax measure itself. One might expect that a tax cut of $800 billion would provide the sort of broad-based tax benefits that would be politically attractive. But given the amount of revenue dedicated to this tax cut, the benefits to the average taxpayer are surprisingly small, and the overall package is heavily skewed to some of the wealthiest individuals and corporations in the world. As was noted by the tax watchdog group Citizens for Tax Justice, the tax bill gives three-quarters of its benefits to the best-off fifth of all taxpayers. By contrast, only 11 percent of the tax bill's benefits go to the bottom 60 percent of all taxpayers. While the average tax reduction for the wealthiest 1 percent of taxpayers--those with incomes over $300,000--is over $23,000 a year under this bill, those with more average income do not do quite as well. The average tax cut for those who are among the middle fifth of taxpayers will be $279, or about $5 per week. For those in the bottom three-fifths of all taxpayers, the average tax cut is even smaller--about $140 per year, or less than $3 per week. Mr. President, under this $800 billion tax bill, the majority of taxpayers will have an average tax cut of $3 per week. Maybe the proponents of this bill are hoping most of America will use this windfall to buy one of those overpriced cups of coffee. Well, Mr. President, thanks to this tax bill, once a week, three- fifths of America will now be able to go to one of those fancy coffee shops and get a frothy decaf cappuccino latte with skim milk. This tax bill is a bad tax policy any way you brew it. Mr. President, I recognize that some may genuinely believe we should dedicate about $800 billion to tax cuts over the next ten years. The tragedy is that even in that context, the $800 billion was spent unwisely, because in addition to Social Security, Medicare, long-term care, and reducing our national debt, one of our highest priorities should be significant reform of our tax code. It was just a few months ago that we heard how critical fundamental tax reform was to our future. Flat tax, consumption tax, a national value-added tax--there were a number of significant proposals that sought to address the inefficiency of our current Tax Code. Simplification was the order of the day, and let me add, Mr. President, that while I did not support many of those proposals, I think many of the proponents of reform got it exactly right. Our Tax Code should be simplified. We should reduce the number of special interest tax breaks and use that savings to lower the tax rates for everyone. I participated in just that kind of exercise at the State level as chair of the Taxation Committee in the Wisconsin State Senate. As we all know, there will be winners and losers in a reform of our tax code, and I can tell you from direct experience that the best time to enact tax reforms is when you have additional resources to help increase the number of winners and decrease the number of losers. Mr. President, this tax bill and the House version both squandered that opportunity as well. We might have had a significant start on real tax reform. Instead, we got a grab bag of goodies for special interests added to a tax code already thick with complexity. A recent article in the Washington Post listed a number of the special interest tax breaks in this bill and the House version. They include tax breaks for: multinational corporations, utility companies, railroad, oil and gas operators, timber companies, the steel industry, seaplane owners in Alaska, sawmills in Maine, barge lines in Mississippi, Eskimo whaling captains, and Carolina woodlot owners. This bill is a dream come true for business lobbyists. The Post reported one lobbyist as saying, ``If you're a business lobbyist and couldn't get into this legislation, you better turn in your six-shooter.'' Mr. President, in the name of complete disclosure, let me note that I understand the Democratic alternative, which I may support, suffers from the same problem, though to a much lesser extent. And it will come as no surprise to my colleagues that I firmly believe this kind of pandering to special interests is a direct result of our campaign finance system. There's ample evidence to that effect right here in this bill. The campaign finance system gives wealthy interest an open invitation to influence legislation in this body, and in this bill it's clear that special interests accepted that invitation in droves, Mr. President. For the benefit of my colleagues and the public, I'd like to share just a few examples of what these interests gave in PAC and soft money, and what they got in either this bill, the House tax measure, or both. I do this from time to time; it is known as ``The Calling of the Bankroll.'' According to the Washington Post, an umbrella organization called the Coalition of Service Industries, a coalition of banks and securities firms, won a provision to extend for five years a temporary tax deferral on income those industries earn abroad. The value of this tax deferral: $5 billion over ten years. So we know what Congress has given the Coalition of Service Industries, but what has the Coalition of Service Industries given to candidates and the political parties? During the 1997-1998 election cycle, coalition members gave the following: Ernst & Young--more than half a million dollars in soft money, and nearly $900,000 in PAC money. CIGNA Corporation--more than $335,000 in soft money, and more than $210,000 in PAC money. [[Page S9657]] American Express--more than $275,000 in soft money and nearly $175,000 in PAC money. Deloitte and Touche--more than $225,000 in soft money and more than $710,000 in PAC money. Of course, as I said Mr. President, this is just a sampling of what Coalition of Service Industries members have given. I'd be up here a lot longer if I had a document all the millions of dollars these groups have given. But it doesn't stop there. These two tax bills mean Christmas in July for special interests, Mr. President, with gifts for jut about every industry in Santa's bag. The post reports the utility industry got a provision affecting utility mergers in the House measure, which, if it survives, is worth more than $1 billion to the utility industry. The provision would excuse the payment of taxes on the fund that utilities set up to cover the costs of shutting down nuclear power plants. Utilities companies that operate nuclear power plans would be particularly grateful to see this provision passed, Mr. President. Their depth of their gratitude would be matched only by the size of their campaign contributions during the last election cycle, including: Entergy Corporation, which gave $228,000 in soft money and nearly $250,000 in PAC money; Commonwealth Edison, which gave $110,000 in soft money and more than $106,000 in PAC money; And Florida Power and Light, which gave nearly $300,000 in soft money and more than $182,000 in PAC money. As it does so many other issues, our campaign finance system is preventing real reform to our tax code, and those who doubt that only need to look at this bill. Mr. President, the best thing we can say about this tax bill is that it will not be enacted into law. The President will almost surely veto it, and he will be right in doing so. This bill is fiscally irresponsible. It depends on budget suppositions that are at best fanciful. It uses Social Security balances to pay for tax cuts. It proposes a tax policy that no only jeopardizes our current budget but our future fiscal health. It sticks our children and grandchildren with the cost of paying-off the debt run up over the past two decades, and leaves them the task of extending the solvency of Social Security, strengthening Medicare, and reforming our long-term care system. And it hands our special interest tax breaks galore while providing little tax relief to the vast majority of taxpayers. Mr. President, I will vote against this bill, and urge my colleagues to do so as well. Mr. President, I yield the floor. Mr. BAUCUS. Mr. President, I yield 5 minutes to my good friend from Delaware, Senator Roth. Mr. ROTH. Mr. President, Senator Gramm has provided Members with a straightforward alternative to the bipartisan Finance Committee bill. I compliment him on the clarity of his approach, much of which I favor. Although provisions of Senator Gramm's substitute have appeal for me, frankly, I could not have used it as a basis for the Finance Committee. His proposal contains elements that would not garner a majority of committee members. In addition, Senator Gramm's substitute, though popular with many in the Senate Republican caucus, would not pick up support on the other side of the aisle. For that reason, his proposal would not be a blueprint for tax cuts, in the form of a signable bill, that we can deliver to the American people now. Finally, although Senator Gramm's amendment is simpler, it leaves out many bipartisan tax measures that address important tax issues. For instance, education savings incentives are deleted. This means parents who want to save for a child's college education would be left out of the picture. We're talking about millions of parents and students in every state. Yet another example is the student loan interest deduction. Under the Finance Committee bill, at least three million graduates, bearing the burden of college debt, would be allowed to deduct student loan interest on their tax returns. In my legislation I try to focus on matters of need to the American family. I provide incentives to promote savings, pensions, IRAs. Many in retirement depend not only on Social Security, which we will address, but also on personal savings and pensions. My bill addresses that. There is nothing to correct the problems of AMT, the alternative minimum tax. Unfortunately, thousands upon thousands of American families will be hit by AMT and not enjoy the full benefit of many programs such as the child tax credit. Finally, nothing is done with respect to charitable giving. We have proposals that will promote and create incentives. For these and other reasons, I must oppose Senator Gramm's well- intentioned amendment. I reserve the remainder of my time. Mr. BAUCUS. Mr. President, I yield myself such time as I might consume. The Finance Committee has already rejected this provision. The Finance Committee deliberated this amendment in committee, and, by a large margin turned it down because it is excessive. It is irresponsible, in my judgment. It is not the right thing to do. It says we are going to take the entire on-budget surplus. And because of the tax cut plus the lost interest on the debt, there is nothing left for Medicare, discretionary spending or any other programs which will be cut anyway by a very large margin. It is excessive, too, compared to the bill passed by the committee because it is so backloaded. It is so top heavy. By that, I mean the bulk of the cost of the provisions are at the very end--6, 7, or 8 years from now. No one can predict the future of this country and what position we will be in 6 to 8 years from now. I was speaking to the CEO of a major American company a few days ago, a man we all know, a company we all know very well. He told me they can't begin to plan for the future. They do have 5-year plans but they know the 5-year plans are not going to be accurate. So they have to just do the best they can on virtually a quarterly basis. They have to go ahead in the areas they think are the areas of the future, but it is almost impossible to plan in this modern era. So I say, if we today were to lock in provisions in the law which will hemorrhage this country's budget surplus based upon ephemeral, distant projections which are never accurate, that is not responsible. That is not the right thing to do. And that is what this amendment does. That is why basically, fundamentally, without going into all the details of it, why this does not make sense. It has often been stated during this debate that the time when the baby boomers begin to retire is when these things really start to kick in and the costs explode. I think prudence is the watchword here today. History sometimes is a guide. Look at the 1980s. What happened in the 1980s? There was a huge tax cut. Congress succumbed to the siren song of supply side economics. What was supply side economics supposed to do? It was supposed to make deep tax cuts, spend more on defense, and guess what, folks, that is going to cause the budget to be balanced. That was what supply side economics was supposed to do--advocated, by the proponents of this amendment. It was going to balance the budget. The theory is the trickle down theory: Cut the taxes of the most wealthy, they invest a lot more, it trickles down and the economy starts humming and it balances the budget. That was the Laffer curve. Guess what, it did not work. We kind of knew it was not going to work, but it was such a temptation, such a siren song to vote these huge tax cuts, hoping, hoping, hoping that what the proponents said would come true. Guess what, it did not. It did not come true at all. The tax cut was passed in 1981. Then what happened in 1982? This Congress, a Republican Congress, and President Reagan, had to change course. They had to raise taxes. The Republican Congress and Republican President raised taxes in 1982. Then guess what. This tax increase was not enough because the deficits were just so large. The Republican Congress and Republican President had to raise taxes again in 1984. They had to raise taxes more because the deficit was so large. The national debt in 1980 was roughly about [[Page S9658]] $1 trillion; 8 years later it was roughly $3 trillion, maybe close to $4 trillion. It tripled and quadrupled during that time of the huge tax cuts. Then we had to add more taxes back again in 1982 and 1984. So, in many ways this is history repeating itself. Democrats in the Senate support a tax cut. We support using a third of the on-budget surplus to pay for a tax cut. But we are just saying don't use all of the on-budget surplus for tax cuts with virtually all going to the most wealthy Americans. Do you know what else is going on here? I do believe the proponents of this bill are so--not distrustful, but so opposed to Government that they want these huge tax cuts partly to force down deeper cuts, way below the baseline in spending. I think they want to cut veterans' benefits 30 percent; they want to cut health education 20, 30 percent; want to cut these programs. I think there are really many on that side who want to make these cuts. They want to. As strange as that might sound, they want to. That is another reason for this huge tax cut because it will force cuts in spending later on. We have already cut spending. Discretionary spending has been cut so much by this body over the last 10 years it is unbelievable. And the size of government has gone down, with many fewer federal employees than there were years ago. To sum it all up, we have seen this provision in the Finance Committee. The Finance Committee soundly rejected this amendment. I urge the Senate to also soundly reject this amendment. It is not good policy. I reserve the remainder of our time. The PRESIDING OFFICER. The Senator from Texas. Mr. GRAMM. Mr. President, I yield 10 minutes to the distinguished Senator from Tennessee. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, I think Senator Gramm is bringing a very important principle to the table, one that we need to address: If we are going to have a tax cut, what kind of tax cut should we have? What is best for the economy, and what is fair? There was a consensus in this country, 10, 15 years ago, that we needed to have a tax policy based upon a broader base and lower rates. That is essentially the tax bill that came out in 1986. We came down to two tax rates. We had a 15-percent and a 28-percent tax rate. There was a broader base, where more people were paying taxes, but lower rates. In the 1990s, we have gotten away from that. We have gotten away from that principle and gone, instead, toward what has been referred to as targeted tax cuts. That its basically the Government--we, the President--that decide, on an individual basis, who deserves the tax break or tax cut in any particular year. Usually it is based upon how much clout they have, or some notions of fairness of a particular congressional makeup at some particular time. So now we have wound up with higher rates and a narrower base. We now have five income tax rates instead of the two we had back in 1986 in addition to phaseouts. The Tax Code, not only do we have additional rates, it has become more progressive, even in addition to those rates. I do not think a lot of people are aware of this. I think most Americans think initially, basically, they can look at tax rates and see what their tax burden is. But then you look at all the phaseouts that we have. Congress has decided in its wisdom that people of a certain income level do not deserve some of the deductions, exemptions, and benefits that others deserve. So we have a personal exemption phaseout. We have an itemized deduction phaseout at basically the $124,000 level for individuals. I am talking about individuals and not couples, in terms of the dollar amounts I am using. The personal exemption phaseout; itemized deduction phaseout, limitation of only being able to deduct that amount over 2 percent of itemized deductions; a 7.5 percent floor on medical deductions; a 10 percent adjusted gross income floor on casualty deductions; a $500 child credit that phases out at an income level of $75,000; a dependent child credit that begins to be phased out at an income level of $10,000--if you make that much it begins to be phased out; a deductible IRA, $30,000; an education IRA, $95,000; the HOPE credit, college credit, begins to be phased out at $40,000 for an individual. So we want to help you go to college, we want to help your kids go to college--as long as you do not have a job, basically is what that amounts to. We have a life-time learning credit of $40,000; student loan interest deductions, at $40,000 it begins to be phased out; education savings bond interest--if you make $52,000 you begin to lose that; elderly/ disabled credit, $7,500; adoption credit/exclusion, $75,000; DC first time homebuyer--if you make $75,000, you begin to have that phased out as a taxpaying individual; rental real estate losses; rehabilitation tax credit--on and on and on. In addition to continuing to raise the tax rate--the highest one in 1986 was 28 percent and now it is up to 39.6 percent plus the maximum-- plus the limited itemized deductions and phaseout of personal exemptions, you wind up with an effective rate of over 40 percent. When you remove the cap on Medicare tax, plus these phaseouts, you are looking at, in some cases, close to an effective 45-percent tax rate, something like that. My only point is that, as we decide how to go forward, we need to understand that we have a progressive system as far as our income Tax Code is concerned, and that is the way it ought to be. A lot of people believe it is that way. But every time we have a tax cut, we cannot say let's give everybody the same dollar amount back in taxes regardless of how much they paid in because we have a very progressive system. We have progressive tax rates up to 39.6 percent, with phaseouts so that if you are making any money, if people are working hard and making a pretty good living, they begin to lose the deductions and credits. That makes it even more progressive. We come along and say we are going to give a tax cut now, and we say if the other guy is paying twice as much in taxes as I am, give him a tax cut. He lost all these exemptions because he is making good money. He is paying twice as much in taxes. But we come along with a tax cut and we say they are going to both get the same amount back? I do not think that makes much sense. Let's say the economy was good and we were able to have successive tax cuts over a period of time and we gave the same dollar amount back to everybody regardless of how much they were paying in taxes. We would have a narrower and narrower base all the time and fewer and fewer people paying any taxes at all. We would continually be taking people off the tax rolls. We already have 43 million people who do not pay taxes. As progressive as our Tax Code is, as does the Senator from Texas, I make no apologies for the proposition that when it comes time for a tax cut, let's base the tax cut on how much people are paying in. We have to ask ourselves a fundamental question: Are we interested in punishing folks who make a good living or are we interested in collecting money for the Federal Government to pay legitimate Government expenses? History shows every time we have had a reduction in tax rates, we have more money. Every time the Government reduces rates in any appreciable amount, the Government winds up getting more money. In the 1920s, it was true. In the 1960s, under President Kennedy, who said a rising tide lifts all boats, it was true. In the much maligned 1980s, which laid the groundwork for the greatest economic prosperity this world has ever known, it was true. Increased revenues in the twenties was 61 percent over a 7-year period. In the sixties, a revenue increase after inflation was about 33 percent. In the eighties, after cutting the tax rates, revenues increased 28 percent because it reduced the incentive to hide income, to shelter income, and to underreport income. Similarly, the share of the tax burden paid by the rich rose dramatically as the rates fell. By cutting rates, we get more money out of the rich. Do we want to be concerned about how much somebody is making and try to hold that down or do we want the money for the Federal Government? I thought the idea was to have a fair Tax [[Page S9659]] Code but to raise the money for the legitimate expenses of the Federal Government. In the 1920s, they called rich $50,000. I guess things have not changed that much. But in 1921, the rich paid 44 percent of the income tax. In 1928, after the rate cut, they paid 78 percent of all taxes. The gap was not quite as pronounced later on, but in 1963 under President Kennedy, at the time of the cut, the rich were paying 11.6 percent of all the taxes being paid. In 1966, they were paying 15.1 percent. In the 1980s, we were talking about the top 10 percent---- The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON. I ask for another 3 minutes. Mr. GRAMM. I yield the Senator another 3 minutes. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. In the 1980s--1981--the rich were paying 48 percent of the taxes. In 1988, they wound up paying 57 percent of the taxes. We do not get a lot of credit taking up for the rich, but our responsibility as public servants is to look out for the country and have policies that are going to get the most money and not try to be too concerned about who is going to get this share of the economic pie: I am going to get yours; you are not going to get mine. Our concern should be with making that economic pie better. As far as an across-the-board cut is concerned, every serious observer nowadays thinks it is sound economic policy. Lawrence Lindsey, former Federal Reserve Board member, George Shultz, former Secretary of State, and even the oft quoted Chairman Greenspan--there may be some discussion as to when he thinks a tax cut should come about, but he says when it comes about, it ought to be an across-the-board rate reduction. This is sound economic policy. I know the prospects for this particular amendment, but all of this business about soak the rich and unfairness, we need to keep a little balance and keep things in mind. If we want more money, if we want to be fair--first of all, we have to recognize we have a very progressive system in this country, so when it comes time for a tax cut, let's pay some attention to the idea of across the board and not ha

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TAXPAYER REFUND ACT OF 1999--Resumed
(Senate - July 29, 1999)

Text of this article available as: TXT PDF [Pages S9651-S9737] TAXPAYER REFUND ACT OF 1999--Resumed The PRESIDING OFFICER. The clerk will report the bill. The legislative assistant read as follows: A bill (S. 1429) to provide for reconciliation pursuant to section 104 of the concurrent resolution on the budget for fiscal year 2000. Pending: Abraham amendment No. 1398, to preserve and protect the surpluses of the social security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Baucus motion to recommit the bill to the Committee on Finance, with instructions to report back with an amendment to reduce the tax breaks in the bill by an amount sufficient to allow one hundred percent of the Social Security surplus in each year to be locked away for Social Security, and one- third of the non-Social Security surplus in each year to be locked away for Medicare; and an amendment to protect the Social Security and Medicare surplus reserves. Robb amendment No. 1401, to delay the effective dates of the provisions of, and amendments made by, the Act until the long-term solvency of Social Security and Medicare programs is ensured. Motion to Waive the Budget Act Amendment No. 1398 The PRESIDING OFFICER. The Senator from Nevada. Mr. REID. Mr. President, the pending amendment is not germane. I raise a point of order that the Abraham amendment violates section 305(b)(2) of the Congressional Budget Act of 1974. The PRESIDING OFFICER. The Senator from Michigan. Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment. Mr. GRAMM. I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? [[Page S9652]] There appears to be a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. There is 2 minutes of debate. Who yields time? Mr. REID. Mr. President, in a letter dated April 21, 1999, on a similar provision, then-Secretary of the Treasury Robert Rubin wrote to Senator Moynihan that this ``provision could preclude the United States from meeting its financial obligations to repay maturing debt and to make benefit payments--including Social Security checks--also worsen a future economic downturn.'' The lockbox in this proposal is potentially destabilizing in a manner reminiscent of the constitutional amendment to require a balanced budget. I remind those who propose rigid 10-year schedules for reducing the publicly held debt that economics does not follow the agricultural cycle. There will be periods when surpluses, both on and off budget, will fall far short of projections. We should not impose a debt reduction schedule, enforced by a declining debt cycle ceiling, even if it can be overridden with 60 votes. To do so will risk default every time the debt ceiling is lowered. Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act. The PRESIDING OFFICER. All time has expired. The question is on agreeing to the motion to waive the Budget Act. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 54, nays 46, as follows: [Rollcall Vote No. 227 Leg.] YEAS--54 Abraham Allard Ashcroft Bennett Bond Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner NAYS--46 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Roth Sarbanes Schumer Torricelli Wellstone Wyden The PRESIDING OFFICER (Mr. Frist). On this vote the yeas are 54, and the nays are 46. Three-fifths of the Senators present and voting, not having voted in the affirmative, the motion to waive the Budget Act is rejected. The point of order is sustained, and the amendment falls. Mr. ROTH. Mr. President, I ask unanimous consent that the remaining votes in this series be limited to 10 minutes in length, and I ask that all the Members of the Senate stay on the floor. We have a full and busy day. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BAUCUS. Mr. President, I move to reconsider the vote. Mr. REID. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege Of The Floor Mr. LEAHY. Mr. President, I ask unanimous consent that Peter McDougall of my staff be given floor privileges throughout the day. The PRESIDING OFFICER. Without objection, it is so ordered. Motion To Recommit The PRESIDING OFFICER. The question is on the Baucus motion. Mr. BAUCUS. Mr. President, I understand each side has 1 minute of explanation. The PRESIDING OFFICER. The Senator is correct. Mr. BAUCUS. Mr. President, this is a very simple matter before the Senate. It is a choice: Do we want to protect Medicare or not. It is that simple. That is the choice that we are presented with today. The amendment I am offering is the House lockbox which passed the House by an overwhelming margin--it only had three or four votes against it--along with the Medicare lockbox. The Medicare lockbox we provide sets aside one-third of the on-budget surplus for Medicare. It can be used in whatever way we want to use it for Medicare, including to provide an affordable prescription drug benefit or for shoring up Medicare solvency. That is the choice before the Senate. Do we preserve Medicare or not. Our choice here today, however, is nothing compared to another choice. That is the choice that about 16 million seniors must make every day: Do I choose to buy my medicine, choose to pay the rent, or choose to buy food? We are saying set aside and preserve for Medicare one-third of the on-budget surplus so that the choices facing seniors are not quite as abhorrent. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. Mr. President, this is another opportunity on the part of the other side to propose to the American people that they want anything but tax relief. This is a motion to recommit. It would do nothing to protect Medicare. It is the President's proposal, which is a phony transfer of IOUs to the Medicare trust fund. It does nothing to help senior citizens. It is just an effort to lock up $300 billion so you can't give the American people a tax cut, plain and simple. They don't want to confront the issue of a lockbox for Social Security so they muddle it up and instead of trying to solve something, they would like to create an issue instead of a solution. Frankly, there are hardly any experts in America who look at this lockbox concept for Medicare and say it helps the seniors or it helps Medicare. If this is the plan the President is alluding to across this land, then he has none. I believe, since the other side did not let us have a vote, we ought to do ours procedurally also, and I am compelled to do that. Therefore: The language in this amendment is not germane to the bill before us, so I raise a point of order under section 305(b)(2) of the Congressional Budget Act. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, pursuant to section 904 of the Budget Act, I move to waive the applicable sections of that act for the consideration of the pending amendment. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Budget Act in relation to the Baucus motion to recommit S. 1429. The yeas and nays have been ordered. The clerk will call the roll. The legislative assistant called the roll. The yeas and nays resulted--yeas 42, nays 58, as follows: [[Page S9653]] [Rollcall Vote No. 228 Leg.] YEAS--42 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Inouye Johnson Kennedy Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Torricelli Wellstone Wyden NAYS--58 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hollings Hutchinson Hutchison Inhofe Jeffords Kerrey Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 58. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the motion falls. The PRESIDING OFFICER. The Senator from Delaware. Mr. ROTH. Mr. President, I move to reconsider the vote. Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH. Mr. President, I ask unanimous consent that all amendments and motions to recommit to S. 1429 must be filed by 2 p.m. today at the desk and with the bill managers. Mr. STEVENS. Reserving the right to object, what time was that? Mr. ROTH. Two p.m. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Amendment No. 1401 Mr. ROTH. Mr. President, I think we are ready for the vote on the next amendment. The PRESIDING OFFICER. There are 2 minutes equally divided. Who yields time? Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. ROBB. Mr. President, this amendment simply delays the effective date of the tax cut that is proposed. There are many who believe that a tax cut of this magnitude at this time would be ludicrous. But that is not the issue. The issue is whether or not we ought to go ahead with a tax cut notwithstanding the fact that we have not protected Social Security and Medicare. Most of the people who have spoken so far have talked about their concern for doing just that. The lockbox provisions were proposing to do just that. If you want to save Social Security and Medicare, this is an incentive. It will delay the implementation of the act, but it will not negate the effectiveness of the act. I ask that our colleagues vote to support this particular amendment, save the one-half of 1 percent of the total which would be expended this year, and not lock in cuts that would cost $792 billion, which would be almost impossible to reverse should that prove to be the case. The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON addressed the Chair. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, no one in this chamber thinks other than that we want a real, sound, solid, and solvent Social Security system and Medicare system. Most of us, however, realize we will only have that if we have fundamental reforms in those systems, such as that proposed by the Medicare commission at which the President scoffed. This amendment will serve to actually make Social Security and Medicare less sound. It will actually delay the process of real reform. The solvency dates that are used in this legislation are taken from the President's proposal and will invariably result in pouring more and more general revenues into these entitlement programs, delaying the day when we have to face up to the fact that we have to have fundamental reform. Our bill sets aside 75 percent of the surplus for Medicare, Social Security, debt retirement, and other spending priorities. With regard to the 25 percent remaining, there is no reason to delay tax cuts. If we saved every penny of the surplus, put it into Medicare and Social Security, it would not do one thing toward solving the fundamental problem. This language is not germane to the bill now before us; therefore, I raise a point of order, under section 305(b)(2) of the Congressional Budget Act of 1974. Mr. ROBB. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Congressional Budget Act in relation to the Robb amendment No. 1401. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 46, nays 54, as follows: [Rollcall Vote No. 229 Leg.] YEAS--46 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Snowe Torricelli Voinovich Wellstone Wyden NAYS--54 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Specter Stevens Thomas Thompson Thurmond Warner The PRESIDING OFFICER. On this vote the yeas are 46, the nays are 54. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the amendment falls. Mr. MOYNIHAN. Mr. President, I move to reconsider the vote. Mr. ROTH. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1405 (Purpose: To return to the taxpayers a portion of the budget surplus that they created with their tax payments) The PRESIDING OFFICER. Under the previous order, the Senator from Texas is recognized to offer an amendment. Mr. GRAMM. Mr. President, I send an amendment to the desk in the nature of a substitute for myself, for Senator Lott, Senator Nickles, Senator Mack, Senator Coverdell, Senator Craig, Senator McConnell, Senator Inhofe, Senator Hutchison, Senator Bunning, Senator Kyl, Senator Bob Smith of New Hampshire, Senator Allard, and Senator Hagel, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Texas [Mr. Gramm], for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. Coverdell, Mr. Craig, Mr. McConnell, Mr. Inhofe, Mrs. Hutchison, Mr. Bunning, Mr. Kyl, Mr. Smith of New Hampshire, Mr. Allard, and Mr. Hagel, proposes an amendment numbered 1405. Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S9654]] (The text of the amendment is printed in today's Record under ``Amendments Submitted.'') Mr. GRAMM. Mr. President, I have the highest admiration for the chairman of the Finance Committee. I am supportive of the tax cut he has crafted in committee. I intend to vote for it on final passage if this amendment fails. But I believe we need a clearer vision. I believe we need to define very precisely what we would like to use this tax cut to do, rather than running around trying to stick a nickel in everybody's pocket with a targeted program. I would prefer to have a tax cut that has clear themes and this is a very simple substitute because it consists of simply five things. So this is a tax cut that you can explain to every American, and it contains basic principles that I believe every American can understand and support. The first principle is we ought to have an across-the-board tax cut of 10 percent. Now, I know our Democrat colleagues are going to jump up and down and say, first of all, that 32 percent of American families pay no income taxes, and so if you have an across-the-board tax cut, they will not get a tax cut. And that is right. Tax cuts are for taxpayers. If you don't pay taxes and we have a tax cut, you don't get a tax cut. Most Americans don't get food stamps; most Americans don't get TANF; most Americans don't get Medicaid because they don't qualify for those programs. If you don't pay taxes, you don't qualify for a tax cut. Our Democrat colleagues are obviously going to jump up and down and say that Senator Rockefeller, who pays 10 times as much taxes as I do, with a 10-percent across-the-board tax cut, will get 10 times as big a tax cut. That is right, but he pays 10 times as much taxes. If you ask people in your church to take up money to build a new parsonage and it turned out you had taken up too much money, and you decided to give it back, isn't the logical way to give it back to simply take how much an individual gave and take the amount that you didn't need and give it back to them proportionately? So the point is, the first principle we believe in is there ought to be an across-the-board tax cut, so every American who pays income taxes will get a tax cut. Now, our Democratic colleagues have said they believe if you are rich, which means you are in the upper half of the income distribution--and they design that as roughly making somewhere around $50,000--you don't deserve a tax cut. In their proposal, you basically don't get one. I want to remind my colleagues that by excluding people who pay 99 percent of the income taxes in America, they are excluding from a tax cut 62 percent of all homeowners, 66 percent of all Americans between the ages of 45 and 64, 67 percent of all families who have children in their homes, 67 percent of all full- time workers, 68 percent of all Americans who have some college education, 69 percent of all married couples, and 80 percent of all two-wage earner families in America. Our Democrat colleagues love investment, but they hate investors. They love the benefits of capitalism, but they hate capitalists. An across-the-board tax cut gives everybody a tax cut, and if people pay a lot of taxes, they get a bigger tax cut--not proportionately, but they get the same tax cut. If that offends you, if you believe that somehow people who make over $50,000 a year are the enemies of the people and they ought to continue to be punished, you would want to be against this provision. The next thing this provision does is it eliminates the marriage penalty. Most Americans are not aware of that because our Tax Code is so perverted, if two young people, both of whom work, fall in love and get married, they, on average, pay the Federal Government $1,400 a year in taxes for the right to be married. My wife is worth $1,400, but the point is, she ought to get the money, not the Government. We eliminate the marriage penalty. Secondly, we have income splitting. Now, I know some of our Democrat colleagues are going to get up and say, well, look, if the husband earns all the money and the wife stays at home and raises the children, they ought not to get the correction for the marriage penalty. Well, we do income splitting. We have decided we don't want to inject the Tax Code in the decision about whether people work outside the home or not. My mama worked every day that I was a child, and she did it because she had to do it. My wife has worked every day that our children have been alive because she wanted to do it. I am not trying to distort the decision one way or another, or make a judgment. All I am saying is that people who stay at home and raise their children contribute to America. They make a big contribution. By allowing a couple, where only one of them works outside the home, to split their income and attribute half to each one of them--that is what the partnership of marriage is about--we are able to give them a substantial reduction in the penalty they pay for being married. The next provision is, we repeal the death tax, which is a certain kind of death penalty. I like the death penalty where we put murderers to death. I don't like the death penalty when working people die and we end up forcing their children to sell their business or their farm. All over America, people work a lifetime to build up a business or a farm, and then when they die, their children have to sell that business or sell that farm to give Government 55 cents out of every dollar they earned in a death tax. This provision repeals the death tax. Now, I know that our Democrat colleagues are going to get up and say, well, these are rich people. But I want to give you an example. When I first met a printer from Mexia named Dicky Flatt, I met him about 25 years ago. He was in business with his daddy, who worked on these old calculator machines that businesses use. His mama kept all the books, his wife basically was working in their stationery shop, and Dicky Flatt did the printing business. They had an old building in Mexia, and it was cracking right down the middle. They kept putting sand in the bottom and kept tar-papering over the top. They had one bathroom, and it didn't have a door on it; it had a curtain on it. So when you went in to use the bathroom, you pulled the curtain. Now, they worked hard in that business. So now Dicky Flatt has torn down that building. He has built a Morton building, a metal building, and he has a good size print shop and stationery shop. He sent his two sons to Texas A They have come back and have gone into business with him. He works every day. He gets in at 6 and leaves about 8. He is there on Saturday until 6 o'clock. Whether you see him at the PTA, Boy Scouts, or the Presbyterian Church, try as he may, he never gets that blue ink off the ends of his fingers. Now, Dicky Flatt may be rich, for all I know. He doesn't live like a rich guy. When his brother died of cancer, he took over his school supply business with his wife. My basic point is that Dicky Flatt and Linda, his wife, have worked 6 days a week their whole lives. They built up this business. Every penny they put into it has been in after- tax dollars. How can it be right to force their two boys, who now work in that business, to sell that business when Dicky and his wife Linda die in order to give the Government 55 percent of it, in order to take the money from Dicky Flatt and give it to people who have been sitting on their fannies in Mexia, not working on Saturday, and in some cases, not working at all? I am sure we are going to hear that this is for rich people. I want to put a human face on it. When we revolted against King George, he wasn't doing things such as the death tax. This is an outrage. This is an assault on every value this country stands for, and I want to repeal it and repeal it outright. I want to index the capital gains tax. That is the fourth provision of this bill. I want to say that from this day forward, if you buy a house as an investment and the price doubles and you sell the house for twice as much as you paid for it, you haven't made any money, you simply kept up with inflation. But under current tax law, you have to pay the Federal Government a capital gains tax on the doubling of your house's price even though that new price will buy only the amount of goods you could have bought with the money for which you bought the house. So the next thing we do is index the capital gains tax for inflation. Finally, we eliminate not the last outrage in the Tax Code but it is a big [[Page S9655]] outrage. If General Motors buys you health insurance, it is tax deductible for them, but if you buy it for yourself, it is not tax deductible. We eliminate that by saying that no matter who buys health insurance in America, the employer or the employee, a retiree or a worker, a homemaker or someone who is employed in the economy, that health insurance is tax deductible. It is a simple tax cut that you can put on one piece of paper. If you pay taxes, you are going to get a 10-percent reduction in income taxes out of this bill. It is easy to figure. If you pay $1,000 in income taxes, you are going to get $100. If you pay $10,000, you are going to get $1,000. If that breaks your heart, so be it. I think most people will like it. Second, we eliminate the marriage penalty and we allow income splitting. If you have one parent who stays at home, you are able to divide the income in half and have each of them claim half that income that belongs to them. This is endorsed by every family group in America because it is the right thing to do. We repeal the death tax outright over a 10-year period--no ifs, ands, or buts. If you live 10 more years, under this bill, and you build something with after-tax dollars, it belongs to your family forever. That is simple arithmetic. I think we can all understand it. We index the capital gains tax so that you never pay capital gains tax again on inflation. This is a big issue for every homeowner and for every investor in America. Finally, we provide full deductibility of health insurance. This is an equity issue. It is something that ought to be done. This is a tax cut you can understand. It represents what I believe is the vision of the party of which I am proud to be a member. I hope my colleagues will vote for this substitute. I believe it represents a dramatic improvement and simplification in the Tax Code. I reserve the remainder of my time. The PRESIDING OFFICER (Mr. Allard). Who yields time? The Senator from Montana. Mr. BAUCUS. Mr. President, I yield 1 minute to the Senator from California and then 10 minutes to the Senator from Wisconsin, off the bill. The PRESIDING OFFICER. The Senator from Delaware controls the time in opposition. Mr. BAUCUS. The Senator from Delaware delegated that to the Senator from Montana. The PRESIDING OFFICER. The Chair thanks the Senator for that clarification. The Senator from California is recognized. Mrs. BOXER. Thank you, Mr. President. I thank Senator Baucus. My colleague from Texas says the Democrats hate investors and the Democrats hate capitalism. As a former stockbroker, I deeply resent his remarks. Maybe when the Senator from Texas was a Democrat he hated capitalism and he hated investors, but the Democrats around here don't. One of the reasons we are not supporting his amendment is that we think it is bad for capitalism and we think it is bad for investors. I have to say that this amendment, which reflects what the House did, is a risky and radical amendment. It hurts the middle class. He says he loves the middle class. He talks about his momma and Dicky Flatt. And I love to hear him do it. But the bottom line is, the result of his amendment will hurt the very people he says he wants to help because it is such an unfair tax cut that would go to the very wealthiest and hurt the middle class and the working poor. I say to my friends who may be listening to this debate, the Senator from Texas is a great debater but he was wrong when he said the Clinton plan would lead to economic disaster and he is wrong today. I hope we will vote down his amendment. I yield my time. The PRESIDING OFFICER. The Senator from Wisconsin. Mr. FEINGOLD. Mr. President, I thank the Senator from Montana. Mr. President, I rise to offer some comments on the reconciliation tax measure we are considering. First, let me note that we have come a long way in the last seven years. When I first came to the Senate, we were facing an actual budget deficit of $340 million. That was the real figure--the figure that did not use the Social Security Trust Fund balances to mask the deficit. Thanks in large part to the President's deficit reduction package in 1993, and to a lesser extent the bipartisan budget cuts of 1997, we are approaching a truly balanced budget. I emphasize `'approaching,'' Mr. President, for we are not there yet. The budget projections of the Office of Management and Budget, and of the Congressional Budget Office, are just that--projections. We do not currently have a budget surplus, not without including the Social Security Trust Fund balances. Mr. President, I do not mean to minimize the wonderful budget turnabout that has been achieved. But we should not be building massive new commitments on a shaky foundation of questionable budget assumptions. And that is just what we have. The assumptions underlying the tax measure we will debate depend on Congress making cuts of $775 billion in real spending over the next ten years compared to current levels. Let me note that this level of cuts does not include any additional cuts that might have to be made in order to offset the cost of unanticipated emergencies. Let me repeat that, Mr. President. The $775 billion in real spending cuts over the next ten years does not include the spending we do to help the victims of hurricanes, earthquakes, tornadoes, floods, or any kind of international emergency. But, for the moment, let us suppose that there will be no hurricanes, or earthquakes, or tornadoes, or floods in the next ten years. Let us suppose that there will be no international emergencies that require our assistance. Will Congress find the political will to cut spending by three- quarters of a trillion dollars over the next ten years? Mr. President, Congress has yet to demonstrate it can stay even within the current spending caps, let alone find an additional three- quarters of a trillion dollars in cuts. Last fall, Congress passed an omnibus appropriations bill that busted the current spending caps by more than $20 billion. This past winter, even before we passed a budget resolution, the Senate passed another budget buster, S. 4, the military pay and retirement measure, which over the next ten years would add another $62 billion in spending. And just a few weeks ago, Congress busted the spending caps yet again with $15 billion in additional spending. Mr. President, this is not a record of fiscal discipline. Nor is it the kind of record that should give anyone confidence that the budget assumptions underlying this tax bill are sound ones. Mr. President, the assumptions underlying this tax bill are grounded not in fiscal reality but in political expediency. But, let us assume that somehow, Congress was able to enact the three-quarters of a trillion dollars in spending cuts. And let us further assume, as we did earlier, that there will be no hurricanes, or floods, or earthquakes, or drought, or any other kind of natural disaster for the next ten years. And that there will be no more Bosnias or Kosovos or Iraqs--no international emergencies of any kind for the next ten years. Even under all of these assumptions, would this tax proposal be a sound one? The answer is no, because even if each and every one of those rosy scenarios comes true, this bill would use over $75 billion in Social Security balances to pay for the tax breaks. Mr. President, I strongly oppose using Social Security to fund tax cuts; that is why I voted against the 1997 tax cut package. We simply should not be using Social Security balances--balances needed to pay future benefits--to fund other government programs, or to pay for tax cuts. Of course, some may argue that even more spending cuts will be found in order to avoid the use of Social Security balances--on the top of the three-quarters of a trillion dollars in cuts assumed in this measure. [[Page S9656]] Mr. President, granting even this still rosier scenario, would this tax measure be fiscally responsible? I regret that it would not, because not only does this tax bill risk our current budget, it puts future generations at risk as well. Mr. President, while the revenue impact of any tax cut measure can be expected to grow over time, the policies outlined in this measure explode. Consider that while in the next ten years, the cost of this proposal is an already whopping $800 billion--if those tax policies are continued, the cost in the second ten years will be a nearly unbelievable $2 trillion. If you add the additional interest payments that will arise from debt service, the total cost of the tax policies in this bill rise to over $3 trillion. For those who may have forgotten, let me remind my colleagues that it is in that second ten years when the baby boomer generation begins to retire and put increased pressure on Social Security, Medicare, and the long-term care services provided under Medicaid. If ever there were a time to be prudent, now is the time. As improved as the short-term budget picture is, the longer-term budget picture is little changed. We still face serious problems in Medicare, and as I noted, the baby boomer generation will put enormous pressure on that program, as well as on the long-term care services, many of which are provided through Medicaid. There is also a consensus that we should address the long-term fiscal health of Social Security, and the sooner the better. And finally, Mr. President, we still face a mountain of debt that was run up during the 1980s and early 1990s because of the deficits that were run up during that time. In each of these areas, there is a stark choice: we can act now to address each of these areas; or, we can ignore them, watch the problems get much worse, and leave the work and cost of reform to our children and grandchildren. Mr. President, for me, that's an easy choice. I do not want my children footing the bill for the failure of past generations to act responsible. I want to support a tax cut, but not one that jeopardizes the work we have done to straighten out the current budget and squanders the opportunity to reduce our debt and put Social Security, Medicare, and our long-term care system on sound footing. Mr. President, let me take a moment to look at the make-up of the tax measure itself. One might expect that a tax cut of $800 billion would provide the sort of broad-based tax benefits that would be politically attractive. But given the amount of revenue dedicated to this tax cut, the benefits to the average taxpayer are surprisingly small, and the overall package is heavily skewed to some of the wealthiest individuals and corporations in the world. As was noted by the tax watchdog group Citizens for Tax Justice, the tax bill gives three-quarters of its benefits to the best-off fifth of all taxpayers. By contrast, only 11 percent of the tax bill's benefits go to the bottom 60 percent of all taxpayers. While the average tax reduction for the wealthiest 1 percent of taxpayers--those with incomes over $300,000--is over $23,000 a year under this bill, those with more average income do not do quite as well. The average tax cut for those who are among the middle fifth of taxpayers will be $279, or about $5 per week. For those in the bottom three-fifths of all taxpayers, the average tax cut is even smaller--about $140 per year, or less than $3 per week. Mr. President, under this $800 billion tax bill, the majority of taxpayers will have an average tax cut of $3 per week. Maybe the proponents of this bill are hoping most of America will use this windfall to buy one of those overpriced cups of coffee. Well, Mr. President, thanks to this tax bill, once a week, three- fifths of America will now be able to go to one of those fancy coffee shops and get a frothy decaf cappuccino latte with skim milk. This tax bill is a bad tax policy any way you brew it. Mr. President, I recognize that some may genuinely believe we should dedicate about $800 billion to tax cuts over the next ten years. The tragedy is that even in that context, the $800 billion was spent unwisely, because in addition to Social Security, Medicare, long-term care, and reducing our national debt, one of our highest priorities should be significant reform of our tax code. It was just a few months ago that we heard how critical fundamental tax reform was to our future. Flat tax, consumption tax, a national value-added tax--there were a number of significant proposals that sought to address the inefficiency of our current Tax Code. Simplification was the order of the day, and let me add, Mr. President, that while I did not support many of those proposals, I think many of the proponents of reform got it exactly right. Our Tax Code should be simplified. We should reduce the number of special interest tax breaks and use that savings to lower the tax rates for everyone. I participated in just that kind of exercise at the State level as chair of the Taxation Committee in the Wisconsin State Senate. As we all know, there will be winners and losers in a reform of our tax code, and I can tell you from direct experience that the best time to enact tax reforms is when you have additional resources to help increase the number of winners and decrease the number of losers. Mr. President, this tax bill and the House version both squandered that opportunity as well. We might have had a significant start on real tax reform. Instead, we got a grab bag of goodies for special interests added to a tax code already thick with complexity. A recent article in the Washington Post listed a number of the special interest tax breaks in this bill and the House version. They include tax breaks for: multinational corporations, utility companies, railroad, oil and gas operators, timber companies, the steel industry, seaplane owners in Alaska, sawmills in Maine, barge lines in Mississippi, Eskimo whaling captains, and Carolina woodlot owners. This bill is a dream come true for business lobbyists. The Post reported one lobbyist as saying, ``If you're a business lobbyist and couldn't get into this legislation, you better turn in your six-shooter.'' Mr. President, in the name of complete disclosure, let me note that I understand the Democratic alternative, which I may support, suffers from the same problem, though to a much lesser extent. And it will come as no surprise to my colleagues that I firmly believe this kind of pandering to special interests is a direct result of our campaign finance system. There's ample evidence to that effect right here in this bill. The campaign finance system gives wealthy interest an open invitation to influence legislation in this body, and in this bill it's clear that special interests accepted that invitation in droves, Mr. President. For the benefit of my colleagues and the public, I'd like to share just a few examples of what these interests gave in PAC and soft money, and what they got in either this bill, the House tax measure, or both. I do this from time to time; it is known as ``The Calling of the Bankroll.'' According to the Washington Post, an umbrella organization called the Coalition of Service Industries, a coalition of banks and securities firms, won a provision to extend for five years a temporary tax deferral on income those industries earn abroad. The value of this tax deferral: $5 billion over ten years. So we know what Congress has given the Coalition of Service Industries, but what has the Coalition of Service Industries given to candidates and the political parties? During the 1997-1998 election cycle, coalition members gave the following: Ernst & Young--more than half a million dollars in soft money, and nearly $900,000 in PAC money. CIGNA Corporation--more than $335,000 in soft money, and more than $210,000 in PAC money. [[Page S9657]] American Express--more than $275,000 in soft money and nearly $175,000 in PAC money. Deloitte and Touche--more than $225,000 in soft money and more than $710,000 in PAC money. Of course, as I said Mr. President, this is just a sampling of what Coalition of Service Industries members have given. I'd be up here a lot longer if I had a document all the millions of dollars these groups have given. But it doesn't stop there. These two tax bills mean Christmas in July for special interests, Mr. President, with gifts for jut about every industry in Santa's bag. The post reports the utility industry got a provision affecting utility mergers in the House measure, which, if it survives, is worth more than $1 billion to the utility industry. The provision would excuse the payment of taxes on the fund that utilities set up to cover the costs of shutting down nuclear power plants. Utilities companies that operate nuclear power plans would be particularly grateful to see this provision passed, Mr. President. Their depth of their gratitude would be matched only by the size of their campaign contributions during the last election cycle, including: Entergy Corporation, which gave $228,000 in soft money and nearly $250,000 in PAC money; Commonwealth Edison, which gave $110,000 in soft money and more than $106,000 in PAC money; And Florida Power and Light, which gave nearly $300,000 in soft money and more than $182,000 in PAC money. As it does so many other issues, our campaign finance system is preventing real reform to our tax code, and those who doubt that only need to look at this bill. Mr. President, the best thing we can say about this tax bill is that it will not be enacted into law. The President will almost surely veto it, and he will be right in doing so. This bill is fiscally irresponsible. It depends on budget suppositions that are at best fanciful. It uses Social Security balances to pay for tax cuts. It proposes a tax policy that no only jeopardizes our current budget but our future fiscal health. It sticks our children and grandchildren with the cost of paying-off the debt run up over the past two decades, and leaves them the task of extending the solvency of Social Security, strengthening Medicare, and reforming our long-term care system. And it hands our special interest tax breaks galore while providing little tax relief to the vast majority of taxpayers. Mr. President, I will vote against this bill, and urge my colleagues to do so as well. Mr. President, I yield the floor. Mr. BAUCUS. Mr. President, I yield 5 minutes to my good friend from Delaware, Senator Roth. Mr. ROTH. Mr. President, Senator Gramm has provided Members with a straightforward alternative to the bipartisan Finance Committee bill. I compliment him on the clarity of his approach, much of which I favor. Although provisions of Senator Gramm's substitute have appeal for me, frankly, I could not have used it as a basis for the Finance Committee. His proposal contains elements that would not garner a majority of committee members. In addition, Senator Gramm's substitute, though popular with many in the Senate Republican caucus, would not pick up support on the other side of the aisle. For that reason, his proposal would not be a blueprint for tax cuts, in the form of a signable bill, that we can deliver to the American people now. Finally, although Senator Gramm's amendment is simpler, it leaves out many bipartisan tax measures that address important tax issues. For instance, education savings incentives are deleted. This means parents who want to save for a child's college education would be left out of the picture. We're talking about millions of parents and students in every state. Yet another example is the student loan interest deduction. Under the Finance Committee bill, at least three million graduates, bearing the burden of college debt, would be allowed to deduct student loan interest on their tax returns. In my legislation I try to focus on matters of need to the American family. I provide incentives to promote savings, pensions, IRAs. Many in retirement depend not only on Social Security, which we will address, but also on personal savings and pensions. My bill addresses that. There is nothing to correct the problems of AMT, the alternative minimum tax. Unfortunately, thousands upon thousands of American families will be hit by AMT and not enjoy the full benefit of many programs such as the child tax credit. Finally, nothing is done with respect to charitable giving. We have proposals that will promote and create incentives. For these and other reasons, I must oppose Senator Gramm's well- intentioned amendment. I reserve the remainder of my time. Mr. BAUCUS. Mr. President, I yield myself such time as I might consume. The Finance Committee has already rejected this provision. The Finance Committee deliberated this amendment in committee, and, by a large margin turned it down because it is excessive. It is irresponsible, in my judgment. It is not the right thing to do. It says we are going to take the entire on-budget surplus. And because of the tax cut plus the lost interest on the debt, there is nothing left for Medicare, discretionary spending or any other programs which will be cut anyway by a very large margin. It is excessive, too, compared to the bill passed by the committee because it is so backloaded. It is so top heavy. By that, I mean the bulk of the cost of the provisions are at the very end--6, 7, or 8 years from now. No one can predict the future of this country and what position we will be in 6 to 8 years from now. I was speaking to the CEO of a major American company a few days ago, a man we all know, a company we all know very well. He told me they can't begin to plan for the future. They do have 5-year plans but they know the 5-year plans are not going to be accurate. So they have to just do the best they can on virtually a quarterly basis. They have to go ahead in the areas they think are the areas of the future, but it is almost impossible to plan in this modern era. So I say, if we today were to lock in provisions in the law which will hemorrhage this country's budget surplus based upon ephemeral, distant projections which are never accurate, that is not responsible. That is not the right thing to do. And that is what this amendment does. That is why basically, fundamentally, without going into all the details of it, why this does not make sense. It has often been stated during this debate that the time when the baby boomers begin to retire is when these things really start to kick in and the costs explode. I think prudence is the watchword here today. History sometimes is a guide. Look at the 1980s. What happened in the 1980s? There was a huge tax cut. Congress succumbed to the siren song of supply side economics. What was supply side economics supposed to do? It was supposed to make deep tax cuts, spend more on defense, and guess what, folks, that is going to cause the budget to be balanced. That was what supply side economics was supposed to do--advocated, by the proponents of this amendment. It was going to balance the budget. The theory is the trickle down theory: Cut the taxes of the most wealthy, they invest a lot more, it trickles down and the economy starts humming and it balances the budget. That was the Laffer curve. Guess what, it did not work. We kind of knew it was not going to work, but it was such a temptation, such a siren song to vote these huge tax cuts, hoping, hoping, hoping that what the proponents said would come true. Guess what, it did not. It did not come true at all. The tax cut was passed in 1981. Then what happened in 1982? This Congress, a Republican Congress, and President Reagan, had to change course. They had to raise taxes. The Republican Congress and Republican President raised taxes in 1982. Then guess what. This tax increase was not enough because the deficits were just so large. The Republican Congress and Republican President had to raise taxes again in 1984. They had to raise taxes more because the deficit was so large. The national debt in 1980 was roughly about [[Page S9658]] $1 trillion; 8 years later it was roughly $3 trillion, maybe close to $4 trillion. It tripled and quadrupled during that time of the huge tax cuts. Then we had to add more taxes back again in 1982 and 1984. So, in many ways this is history repeating itself. Democrats in the Senate support a tax cut. We support using a third of the on-budget surplus to pay for a tax cut. But we are just saying don't use all of the on-budget surplus for tax cuts with virtually all going to the most wealthy Americans. Do you know what else is going on here? I do believe the proponents of this bill are so--not distrustful, but so opposed to Government that they want these huge tax cuts partly to force down deeper cuts, way below the baseline in spending. I think they want to cut veterans' benefits 30 percent; they want to cut health education 20, 30 percent; want to cut these programs. I think there are really many on that side who want to make these cuts. They want to. As strange as that might sound, they want to. That is another reason for this huge tax cut because it will force cuts in spending later on. We have already cut spending. Discretionary spending has been cut so much by this body over the last 10 years it is unbelievable. And the size of government has gone down, with many fewer federal employees than there were years ago. To sum it all up, we have seen this provision in the Finance Committee. The Finance Committee soundly rejected this amendment. I urge the Senate to also soundly reject this amendment. It is not good policy. I reserve the remainder of our time. The PRESIDING OFFICER. The Senator from Texas. Mr. GRAMM. Mr. President, I yield 10 minutes to the distinguished Senator from Tennessee. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, I think Senator Gramm is bringing a very important principle to the table, one that we need to address: If we are going to have a tax cut, what kind of tax cut should we have? What is best for the economy, and what is fair? There was a consensus in this country, 10, 15 years ago, that we needed to have a tax policy based upon a broader base and lower rates. That is essentially the tax bill that came out in 1986. We came down to two tax rates. We had a 15-percent and a 28-percent tax rate. There was a broader base, where more people were paying taxes, but lower rates. In the 1990s, we have gotten away from that. We have gotten away from that principle and gone, instead, toward what has been referred to as targeted tax cuts. That its basically the Government--we, the President--that decide, on an individual basis, who deserves the tax break or tax cut in any particular year. Usually it is based upon how much clout they have, or some notions of fairness of a particular congressional makeup at some particular time. So now we have wound up with higher rates and a narrower base. We now have five income tax rates instead of the two we had back in 1986 in addition to phaseouts. The Tax Code, not only do we have additional rates, it has become more progressive, even in addition to those rates. I do not think a lot of people are aware of this. I think most Americans think initially, basically, they can look at tax rates and see what their tax burden is. But then you look at all the phaseouts that we have. Congress has decided in its wisdom that people of a certain income level do not deserve some of the deductions, exemptions, and benefits that others deserve. So we have a personal exemption phaseout. We have an itemized deduction phaseout at basically the $124,000 level for individuals. I am talking about individuals and not couples, in terms of the dollar amounts I am using. The personal exemption phaseout; itemized deduction phaseout, limitation of only being able to deduct that amount over 2 percent of itemized deductions; a 7.5 percent floor on medical deductions; a 10 percent adjusted gross income floor on casualty deductions; a $500 child credit that phases out at an income level of $75,000; a dependent child credit that begins to be phased out at an income level of $10,000--if you make that much it begins to be phased out; a deductible IRA, $30,000; an education IRA, $95,000; the HOPE credit, college credit, begins to be phased out at $40,000 for an individual. So we want to help you go to college, we want to help your kids go to college--as long as you do not have a job, basically is what that amounts to. We have a life-time learning credit of $40,000; student loan interest deductions, at $40,000 it begins to be phased out; education savings bond interest--if you make $52,000 you begin to lose that; elderly/ disabled credit, $7,500; adoption credit/exclusion, $75,000; DC first time homebuyer--if you make $75,000, you begin to have that phased out as a taxpaying individual; rental real estate losses; rehabilitation tax credit--on and on and on. In addition to continuing to raise the tax rate--the highest one in 1986 was 28 percent and now it is up to 39.6 percent plus the maximum-- plus the limited itemized deductions and phaseout of personal exemptions, you wind up with an effective rate of over 40 percent. When you remove the cap on Medicare tax, plus these phaseouts, you are looking at, in some cases, close to an effective 45-percent tax rate, something like that. My only point is that, as we decide how to go forward, we need to understand that we have a progressive system as far as our income Tax Code is concerned, and that is the way it ought to be. A lot of people believe it is that way. But every time we have a tax cut, we cannot say let's give everybody the same dollar amount back in taxes regardless of how much they paid in because we have a very progressive system. We have progressive tax rates up to 39.6 percent, with phaseouts so that if you are making any money, if people are working hard and making a pretty good living, they begin to lose the deductions and credits. That makes it even more progressive. We come along and say we are going to give a tax cut now, and we say if the other guy is paying twice as much in taxes as I am, give him a tax cut. He lost all these exemptions because he is making good money. He is paying twice as much in taxes. But we come along with a tax cut and we say they are going to both get the same amount back? I do not think that makes much sense. Let's say the economy was good and we were able to have successive tax cuts over a period of time and we gave the same dollar amount back to everybody regardless of how much they were paying in taxes. We would have a narrower and narrower base all the time and fewer and fewer people paying any taxes at all. We would continually be taking people off the tax rolls. We already have 43 million people who do not pay taxes. As progressive as our Tax Code is, as does the Senator from Texas, I make no apologies for the proposition that when it comes time for a tax cut, let's base the tax cut on how much people are paying in. We have to ask ourselves a fundamental question: Are we interested in punishing folks who make a good living or are we interested in collecting money for the Federal Government to pay legitimate Government expenses? History shows every time we have had a reduction in tax rates, we have more money. Every time the Government reduces rates in any appreciable amount, the Government winds up getting more money. In the 1920s, it was true. In the 1960s, under President Kennedy, who said a rising tide lifts all boats, it was true. In the much maligned 1980s, which laid the groundwork for the greatest economic prosperity this world has ever known, it was true. Increased revenues in the twenties was 61 percent over a 7-year period. In the sixties, a revenue increase after inflation was about 33 percent. In the eighties, after cutting the tax rates, revenues increased 28 percent because it reduced the incentive to hide income, to shelter income, and to underreport income. Similarly, the share of the tax burden paid by the rich rose dramatically as the rates fell. By cutting rates, we get more money out of the rich. Do we want to be concerned about how much somebody is making and try to hold that down or do we want the money for the Federal Government? I thought the idea was to have a fair Tax [[Page S9659]] Code but to raise the money for the legitimate expenses of the Federal Government. In the 1920s, they called rich $50,000. I guess things have not changed that much. But in 1921, the rich paid 44 percent of the income tax. In 1928, after the rate cut, they paid 78 percent of all taxes. The gap was not quite as pronounced later on, but in 1963 under President Kennedy, at the time of the cut, the rich were paying 11.6 percent of all the taxes being paid. In 1966, they were paying 15.1 percent. In the 1980s, we were talking about the top 10 percent---- The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON. I ask for another 3 minutes. Mr. GRAMM. I yield the Senator another 3 minutes. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. In the 1980s--1981--the rich were paying 48 percent of the taxes. In 1988, they wound up paying 57 percent of the taxes. We do not get a lot of credit taking up for the rich, but our responsibility as public servants is to look out for the country and have policies that are going to get the most money and not try to be too concerned about who is going to get this share of the economic pie: I am going to get yours; you are not going to get mine. Our concern should be with making that economic pie better. As far as an across-the-board cut is concerned, every serious observer nowadays thinks it is sound economic policy. Lawrence Lindsey, former Federal Reserve Board member, George Shultz, former Secretary of State, and even the oft quoted Chairman Greenspan--there may be some discussion as to when he thinks a tax cut should come about, but he says when it comes about, it ought to be an across-the-board rate reduction. This is sound economic policy. I know the prospects for this particular amendment, but all of this business about soak the rich and unfairness, we need to keep a little balance and keep things in mind. If we want more money, if we want to be fair--first of all, we have to recognize we have a very progressive system in this country, so when it comes time for a tax cut, let's pay some attention to the idea of across the board and not have politic

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TAXPAYER REFUND ACT OF 1999--Resumed
(Senate - July 29, 1999)

Text of this article available as: TXT PDF [Pages S9651-S9737] TAXPAYER REFUND ACT OF 1999--Resumed The PRESIDING OFFICER. The clerk will report the bill. The legislative assistant read as follows: A bill (S. 1429) to provide for reconciliation pursuant to section 104 of the concurrent resolution on the budget for fiscal year 2000. Pending: Abraham amendment No. 1398, to preserve and protect the surpluses of the social security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Baucus motion to recommit the bill to the Committee on Finance, with instructions to report back with an amendment to reduce the tax breaks in the bill by an amount sufficient to allow one hundred percent of the Social Security surplus in each year to be locked away for Social Security, and one- third of the non-Social Security surplus in each year to be locked away for Medicare; and an amendment to protect the Social Security and Medicare surplus reserves. Robb amendment No. 1401, to delay the effective dates of the provisions of, and amendments made by, the Act until the long-term solvency of Social Security and Medicare programs is ensured. Motion to Waive the Budget Act Amendment No. 1398 The PRESIDING OFFICER. The Senator from Nevada. Mr. REID. Mr. President, the pending amendment is not germane. I raise a point of order that the Abraham amendment violates section 305(b)(2) of the Congressional Budget Act of 1974. The PRESIDING OFFICER. The Senator from Michigan. Mr. ABRAHAM. Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the Budget Act for consideration of the Abraham amendment. Mr. GRAMM. I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? [[Page S9652]] There appears to be a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. There is 2 minutes of debate. Who yields time? Mr. REID. Mr. President, in a letter dated April 21, 1999, on a similar provision, then-Secretary of the Treasury Robert Rubin wrote to Senator Moynihan that this ``provision could preclude the United States from meeting its financial obligations to repay maturing debt and to make benefit payments--including Social Security checks--also worsen a future economic downturn.'' The lockbox in this proposal is potentially destabilizing in a manner reminiscent of the constitutional amendment to require a balanced budget. I remind those who propose rigid 10-year schedules for reducing the publicly held debt that economics does not follow the agricultural cycle. There will be periods when surpluses, both on and off budget, will fall far short of projections. We should not impose a debt reduction schedule, enforced by a declining debt cycle ceiling, even if it can be overridden with 60 votes. To do so will risk default every time the debt ceiling is lowered. Mr. ABRAHAM. Mr. President, first of all, we have endeavored to and have modified our amendment to try to address some of these concerns. I think we have done so. I believe we have given sufficient flexibility so that there will not be the concerns that were raised in that letter. This lockbox does not need a lot of debate. Americans have been hearing us talk about it now for almost 3 months. We will continue to try to get a straight up-down vote on this. I would note that once again this morning another procedural roadblock has been put in place to prevent us from getting a straight up-or-down vote. I regret that. I was prepared to come today and offer both sides the opportunity to have straightforward votes. If one side or the other in their various lockbox proposals got 50-plus votes, they would win and we could give the American people what I believe they want, and that is protection for their Social Security dollars sent to Washington. But again, once more, what we have had is a procedural impediment placed in the way of getting final action on this legislation. Mr. President, I urge my colleagues who have previously supported this lockbox to do so. It is a tougher lockbox that protects Social Security. If we want to do it, I say vote ``yes.'' Vote to waive the Budget Act. The PRESIDING OFFICER. All time has expired. The question is on agreeing to the motion to waive the Budget Act. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 54, nays 46, as follows: [Rollcall Vote No. 227 Leg.] YEAS--54 Abraham Allard Ashcroft Bennett Bond Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner NAYS--46 Akaka Baucus Bayh Biden Bingaman Boxer Breaux Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Roth Sarbanes Schumer Torricelli Wellstone Wyden The PRESIDING OFFICER (Mr. Frist). On this vote the yeas are 54, and the nays are 46. Three-fifths of the Senators present and voting, not having voted in the affirmative, the motion to waive the Budget Act is rejected. The point of order is sustained, and the amendment falls. Mr. ROTH. Mr. President, I ask unanimous consent that the remaining votes in this series be limited to 10 minutes in length, and I ask that all the Members of the Senate stay on the floor. We have a full and busy day. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BAUCUS. Mr. President, I move to reconsider the vote. Mr. REID. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege Of The Floor Mr. LEAHY. Mr. President, I ask unanimous consent that Peter McDougall of my staff be given floor privileges throughout the day. The PRESIDING OFFICER. Without objection, it is so ordered. Motion To Recommit The PRESIDING OFFICER. The question is on the Baucus motion. Mr. BAUCUS. Mr. President, I understand each side has 1 minute of explanation. The PRESIDING OFFICER. The Senator is correct. Mr. BAUCUS. Mr. President, this is a very simple matter before the Senate. It is a choice: Do we want to protect Medicare or not. It is that simple. That is the choice that we are presented with today. The amendment I am offering is the House lockbox which passed the House by an overwhelming margin--it only had three or four votes against it--along with the Medicare lockbox. The Medicare lockbox we provide sets aside one-third of the on-budget surplus for Medicare. It can be used in whatever way we want to use it for Medicare, including to provide an affordable prescription drug benefit or for shoring up Medicare solvency. That is the choice before the Senate. Do we preserve Medicare or not. Our choice here today, however, is nothing compared to another choice. That is the choice that about 16 million seniors must make every day: Do I choose to buy my medicine, choose to pay the rent, or choose to buy food? We are saying set aside and preserve for Medicare one-third of the on-budget surplus so that the choices facing seniors are not quite as abhorrent. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. Mr. President, this is another opportunity on the part of the other side to propose to the American people that they want anything but tax relief. This is a motion to recommit. It would do nothing to protect Medicare. It is the President's proposal, which is a phony transfer of IOUs to the Medicare trust fund. It does nothing to help senior citizens. It is just an effort to lock up $300 billion so you can't give the American people a tax cut, plain and simple. They don't want to confront the issue of a lockbox for Social Security so they muddle it up and instead of trying to solve something, they would like to create an issue instead of a solution. Frankly, there are hardly any experts in America who look at this lockbox concept for Medicare and say it helps the seniors or it helps Medicare. If this is the plan the President is alluding to across this land, then he has none. I believe, since the other side did not let us have a vote, we ought to do ours procedurally also, and I am compelled to do that. Therefore: The language in this amendment is not germane to the bill before us, so I raise a point of order under section 305(b)(2) of the Congressional Budget Act. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, pursuant to section 904 of the Budget Act, I move to waive the applicable sections of that act for the consideration of the pending amendment. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Budget Act in relation to the Baucus motion to recommit S. 1429. The yeas and nays have been ordered. The clerk will call the roll. The legislative assistant called the roll. The yeas and nays resulted--yeas 42, nays 58, as follows: [[Page S9653]] [Rollcall Vote No. 228 Leg.] YEAS--42 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Inouye Johnson Kennedy Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Torricelli Wellstone Wyden NAYS--58 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hollings Hutchinson Hutchison Inhofe Jeffords Kerrey Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Voinovich Warner The PRESIDING OFFICER. On this vote, the yeas are 42, the nays are 58. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the motion falls. The PRESIDING OFFICER. The Senator from Delaware. Mr. ROTH. Mr. President, I move to reconsider the vote. Mr. MOYNIHAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. ROTH. Mr. President, I ask unanimous consent that all amendments and motions to recommit to S. 1429 must be filed by 2 p.m. today at the desk and with the bill managers. Mr. STEVENS. Reserving the right to object, what time was that? Mr. ROTH. Two p.m. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. Amendment No. 1401 Mr. ROTH. Mr. President, I think we are ready for the vote on the next amendment. The PRESIDING OFFICER. There are 2 minutes equally divided. Who yields time? Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. ROBB. Mr. President, this amendment simply delays the effective date of the tax cut that is proposed. There are many who believe that a tax cut of this magnitude at this time would be ludicrous. But that is not the issue. The issue is whether or not we ought to go ahead with a tax cut notwithstanding the fact that we have not protected Social Security and Medicare. Most of the people who have spoken so far have talked about their concern for doing just that. The lockbox provisions were proposing to do just that. If you want to save Social Security and Medicare, this is an incentive. It will delay the implementation of the act, but it will not negate the effectiveness of the act. I ask that our colleagues vote to support this particular amendment, save the one-half of 1 percent of the total which would be expended this year, and not lock in cuts that would cost $792 billion, which would be almost impossible to reverse should that prove to be the case. The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON addressed the Chair. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, no one in this chamber thinks other than that we want a real, sound, solid, and solvent Social Security system and Medicare system. Most of us, however, realize we will only have that if we have fundamental reforms in those systems, such as that proposed by the Medicare commission at which the President scoffed. This amendment will serve to actually make Social Security and Medicare less sound. It will actually delay the process of real reform. The solvency dates that are used in this legislation are taken from the President's proposal and will invariably result in pouring more and more general revenues into these entitlement programs, delaying the day when we have to face up to the fact that we have to have fundamental reform. Our bill sets aside 75 percent of the surplus for Medicare, Social Security, debt retirement, and other spending priorities. With regard to the 25 percent remaining, there is no reason to delay tax cuts. If we saved every penny of the surplus, put it into Medicare and Social Security, it would not do one thing toward solving the fundamental problem. This language is not germane to the bill now before us; therefore, I raise a point of order, under section 305(b)(2) of the Congressional Budget Act of 1974. Mr. ROBB. Mr. President, pursuant to section 904 of the Congressional Budget Act of 1974, I move to waive the applicable sections of that act for the consideration of the pending amendment, and I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the motion to waive the Congressional Budget Act in relation to the Robb amendment No. 1401. The yeas and nays have been ordered. The clerk will call the roll. The legislative clerk called the roll. The yeas and nays resulted--yeas 46, nays 54, as follows: [Rollcall Vote No. 229 Leg.] YEAS--46 Akaka Baucus Bayh Biden Bingaman Boxer Bryan Byrd Cleland Conrad Daschle Dodd Dorgan Durbin Edwards Feingold Feinstein Graham Harkin Hollings Inouye Johnson Kennedy Kerrey Kerry Kohl Landrieu Lautenberg Leahy Levin Lieberman Lincoln Mikulski Moynihan Murray Reed Reid Robb Rockefeller Sarbanes Schumer Snowe Torricelli Voinovich Wellstone Wyden NAYS--54 Abraham Allard Ashcroft Bennett Bond Breaux Brownback Bunning Burns Campbell Chafee Cochran Collins Coverdell Craig Crapo DeWine Domenici Enzi Fitzgerald Frist Gorton Gramm Grams Grassley Gregg Hagel Hatch Helms Hutchinson Hutchison Inhofe Jeffords Kyl Lott Lugar Mack McCain McConnell Murkowski Nickles Roberts Roth Santorum Sessions Shelby Smith (NH) Smith (OR) Specter Stevens Thomas Thompson Thurmond Warner The PRESIDING OFFICER. On this vote the yeas are 46, the nays are 54. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is rejected. The point of order is sustained, and the amendment falls. Mr. MOYNIHAN. Mr. President, I move to reconsider the vote. Mr. ROTH. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1405 (Purpose: To return to the taxpayers a portion of the budget surplus that they created with their tax payments) The PRESIDING OFFICER. Under the previous order, the Senator from Texas is recognized to offer an amendment. Mr. GRAMM. Mr. President, I send an amendment to the desk in the nature of a substitute for myself, for Senator Lott, Senator Nickles, Senator Mack, Senator Coverdell, Senator Craig, Senator McConnell, Senator Inhofe, Senator Hutchison, Senator Bunning, Senator Kyl, Senator Bob Smith of New Hampshire, Senator Allard, and Senator Hagel, and I ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Texas [Mr. Gramm], for himself, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. Coverdell, Mr. Craig, Mr. McConnell, Mr. Inhofe, Mrs. Hutchison, Mr. Bunning, Mr. Kyl, Mr. Smith of New Hampshire, Mr. Allard, and Mr. Hagel, proposes an amendment numbered 1405. Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. [[Page S9654]] (The text of the amendment is printed in today's Record under ``Amendments Submitted.'') Mr. GRAMM. Mr. President, I have the highest admiration for the chairman of the Finance Committee. I am supportive of the tax cut he has crafted in committee. I intend to vote for it on final passage if this amendment fails. But I believe we need a clearer vision. I believe we need to define very precisely what we would like to use this tax cut to do, rather than running around trying to stick a nickel in everybody's pocket with a targeted program. I would prefer to have a tax cut that has clear themes and this is a very simple substitute because it consists of simply five things. So this is a tax cut that you can explain to every American, and it contains basic principles that I believe every American can understand and support. The first principle is we ought to have an across-the-board tax cut of 10 percent. Now, I know our Democrat colleagues are going to jump up and down and say, first of all, that 32 percent of American families pay no income taxes, and so if you have an across-the-board tax cut, they will not get a tax cut. And that is right. Tax cuts are for taxpayers. If you don't pay taxes and we have a tax cut, you don't get a tax cut. Most Americans don't get food stamps; most Americans don't get TANF; most Americans don't get Medicaid because they don't qualify for those programs. If you don't pay taxes, you don't qualify for a tax cut. Our Democrat colleagues are obviously going to jump up and down and say that Senator Rockefeller, who pays 10 times as much taxes as I do, with a 10-percent across-the-board tax cut, will get 10 times as big a tax cut. That is right, but he pays 10 times as much taxes. If you ask people in your church to take up money to build a new parsonage and it turned out you had taken up too much money, and you decided to give it back, isn't the logical way to give it back to simply take how much an individual gave and take the amount that you didn't need and give it back to them proportionately? So the point is, the first principle we believe in is there ought to be an across-the-board tax cut, so every American who pays income taxes will get a tax cut. Now, our Democratic colleagues have said they believe if you are rich, which means you are in the upper half of the income distribution--and they design that as roughly making somewhere around $50,000--you don't deserve a tax cut. In their proposal, you basically don't get one. I want to remind my colleagues that by excluding people who pay 99 percent of the income taxes in America, they are excluding from a tax cut 62 percent of all homeowners, 66 percent of all Americans between the ages of 45 and 64, 67 percent of all families who have children in their homes, 67 percent of all full- time workers, 68 percent of all Americans who have some college education, 69 percent of all married couples, and 80 percent of all two-wage earner families in America. Our Democrat colleagues love investment, but they hate investors. They love the benefits of capitalism, but they hate capitalists. An across-the-board tax cut gives everybody a tax cut, and if people pay a lot of taxes, they get a bigger tax cut--not proportionately, but they get the same tax cut. If that offends you, if you believe that somehow people who make over $50,000 a year are the enemies of the people and they ought to continue to be punished, you would want to be against this provision. The next thing this provision does is it eliminates the marriage penalty. Most Americans are not aware of that because our Tax Code is so perverted, if two young people, both of whom work, fall in love and get married, they, on average, pay the Federal Government $1,400 a year in taxes for the right to be married. My wife is worth $1,400, but the point is, she ought to get the money, not the Government. We eliminate the marriage penalty. Secondly, we have income splitting. Now, I know some of our Democrat colleagues are going to get up and say, well, look, if the husband earns all the money and the wife stays at home and raises the children, they ought not to get the correction for the marriage penalty. Well, we do income splitting. We have decided we don't want to inject the Tax Code in the decision about whether people work outside the home or not. My mama worked every day that I was a child, and she did it because she had to do it. My wife has worked every day that our children have been alive because she wanted to do it. I am not trying to distort the decision one way or another, or make a judgment. All I am saying is that people who stay at home and raise their children contribute to America. They make a big contribution. By allowing a couple, where only one of them works outside the home, to split their income and attribute half to each one of them--that is what the partnership of marriage is about--we are able to give them a substantial reduction in the penalty they pay for being married. The next provision is, we repeal the death tax, which is a certain kind of death penalty. I like the death penalty where we put murderers to death. I don't like the death penalty when working people die and we end up forcing their children to sell their business or their farm. All over America, people work a lifetime to build up a business or a farm, and then when they die, their children have to sell that business or sell that farm to give Government 55 cents out of every dollar they earned in a death tax. This provision repeals the death tax. Now, I know that our Democrat colleagues are going to get up and say, well, these are rich people. But I want to give you an example. When I first met a printer from Mexia named Dicky Flatt, I met him about 25 years ago. He was in business with his daddy, who worked on these old calculator machines that businesses use. His mama kept all the books, his wife basically was working in their stationery shop, and Dicky Flatt did the printing business. They had an old building in Mexia, and it was cracking right down the middle. They kept putting sand in the bottom and kept tar-papering over the top. They had one bathroom, and it didn't have a door on it; it had a curtain on it. So when you went in to use the bathroom, you pulled the curtain. Now, they worked hard in that business. So now Dicky Flatt has torn down that building. He has built a Morton building, a metal building, and he has a good size print shop and stationery shop. He sent his two sons to Texas A They have come back and have gone into business with him. He works every day. He gets in at 6 and leaves about 8. He is there on Saturday until 6 o'clock. Whether you see him at the PTA, Boy Scouts, or the Presbyterian Church, try as he may, he never gets that blue ink off the ends of his fingers. Now, Dicky Flatt may be rich, for all I know. He doesn't live like a rich guy. When his brother died of cancer, he took over his school supply business with his wife. My basic point is that Dicky Flatt and Linda, his wife, have worked 6 days a week their whole lives. They built up this business. Every penny they put into it has been in after- tax dollars. How can it be right to force their two boys, who now work in that business, to sell that business when Dicky and his wife Linda die in order to give the Government 55 percent of it, in order to take the money from Dicky Flatt and give it to people who have been sitting on their fannies in Mexia, not working on Saturday, and in some cases, not working at all? I am sure we are going to hear that this is for rich people. I want to put a human face on it. When we revolted against King George, he wasn't doing things such as the death tax. This is an outrage. This is an assault on every value this country stands for, and I want to repeal it and repeal it outright. I want to index the capital gains tax. That is the fourth provision of this bill. I want to say that from this day forward, if you buy a house as an investment and the price doubles and you sell the house for twice as much as you paid for it, you haven't made any money, you simply kept up with inflation. But under current tax law, you have to pay the Federal Government a capital gains tax on the doubling of your house's price even though that new price will buy only the amount of goods you could have bought with the money for which you bought the house. So the next thing we do is index the capital gains tax for inflation. Finally, we eliminate not the last outrage in the Tax Code but it is a big [[Page S9655]] outrage. If General Motors buys you health insurance, it is tax deductible for them, but if you buy it for yourself, it is not tax deductible. We eliminate that by saying that no matter who buys health insurance in America, the employer or the employee, a retiree or a worker, a homemaker or someone who is employed in the economy, that health insurance is tax deductible. It is a simple tax cut that you can put on one piece of paper. If you pay taxes, you are going to get a 10-percent reduction in income taxes out of this bill. It is easy to figure. If you pay $1,000 in income taxes, you are going to get $100. If you pay $10,000, you are going to get $1,000. If that breaks your heart, so be it. I think most people will like it. Second, we eliminate the marriage penalty and we allow income splitting. If you have one parent who stays at home, you are able to divide the income in half and have each of them claim half that income that belongs to them. This is endorsed by every family group in America because it is the right thing to do. We repeal the death tax outright over a 10-year period--no ifs, ands, or buts. If you live 10 more years, under this bill, and you build something with after-tax dollars, it belongs to your family forever. That is simple arithmetic. I think we can all understand it. We index the capital gains tax so that you never pay capital gains tax again on inflation. This is a big issue for every homeowner and for every investor in America. Finally, we provide full deductibility of health insurance. This is an equity issue. It is something that ought to be done. This is a tax cut you can understand. It represents what I believe is the vision of the party of which I am proud to be a member. I hope my colleagues will vote for this substitute. I believe it represents a dramatic improvement and simplification in the Tax Code. I reserve the remainder of my time. The PRESIDING OFFICER (Mr. Allard). Who yields time? The Senator from Montana. Mr. BAUCUS. Mr. President, I yield 1 minute to the Senator from California and then 10 minutes to the Senator from Wisconsin, off the bill. The PRESIDING OFFICER. The Senator from Delaware controls the time in opposition. Mr. BAUCUS. The Senator from Delaware delegated that to the Senator from Montana. The PRESIDING OFFICER. The Chair thanks the Senator for that clarification. The Senator from California is recognized. Mrs. BOXER. Thank you, Mr. President. I thank Senator Baucus. My colleague from Texas says the Democrats hate investors and the Democrats hate capitalism. As a former stockbroker, I deeply resent his remarks. Maybe when the Senator from Texas was a Democrat he hated capitalism and he hated investors, but the Democrats around here don't. One of the reasons we are not supporting his amendment is that we think it is bad for capitalism and we think it is bad for investors. I have to say that this amendment, which reflects what the House did, is a risky and radical amendment. It hurts the middle class. He says he loves the middle class. He talks about his momma and Dicky Flatt. And I love to hear him do it. But the bottom line is, the result of his amendment will hurt the very people he says he wants to help because it is such an unfair tax cut that would go to the very wealthiest and hurt the middle class and the working poor. I say to my friends who may be listening to this debate, the Senator from Texas is a great debater but he was wrong when he said the Clinton plan would lead to economic disaster and he is wrong today. I hope we will vote down his amendment. I yield my time. The PRESIDING OFFICER. The Senator from Wisconsin. Mr. FEINGOLD. Mr. President, I thank the Senator from Montana. Mr. President, I rise to offer some comments on the reconciliation tax measure we are considering. First, let me note that we have come a long way in the last seven years. When I first came to the Senate, we were facing an actual budget deficit of $340 million. That was the real figure--the figure that did not use the Social Security Trust Fund balances to mask the deficit. Thanks in large part to the President's deficit reduction package in 1993, and to a lesser extent the bipartisan budget cuts of 1997, we are approaching a truly balanced budget. I emphasize `'approaching,'' Mr. President, for we are not there yet. The budget projections of the Office of Management and Budget, and of the Congressional Budget Office, are just that--projections. We do not currently have a budget surplus, not without including the Social Security Trust Fund balances. Mr. President, I do not mean to minimize the wonderful budget turnabout that has been achieved. But we should not be building massive new commitments on a shaky foundation of questionable budget assumptions. And that is just what we have. The assumptions underlying the tax measure we will debate depend on Congress making cuts of $775 billion in real spending over the next ten years compared to current levels. Let me note that this level of cuts does not include any additional cuts that might have to be made in order to offset the cost of unanticipated emergencies. Let me repeat that, Mr. President. The $775 billion in real spending cuts over the next ten years does not include the spending we do to help the victims of hurricanes, earthquakes, tornadoes, floods, or any kind of international emergency. But, for the moment, let us suppose that there will be no hurricanes, or earthquakes, or tornadoes, or floods in the next ten years. Let us suppose that there will be no international emergencies that require our assistance. Will Congress find the political will to cut spending by three- quarters of a trillion dollars over the next ten years? Mr. President, Congress has yet to demonstrate it can stay even within the current spending caps, let alone find an additional three- quarters of a trillion dollars in cuts. Last fall, Congress passed an omnibus appropriations bill that busted the current spending caps by more than $20 billion. This past winter, even before we passed a budget resolution, the Senate passed another budget buster, S. 4, the military pay and retirement measure, which over the next ten years would add another $62 billion in spending. And just a few weeks ago, Congress busted the spending caps yet again with $15 billion in additional spending. Mr. President, this is not a record of fiscal discipline. Nor is it the kind of record that should give anyone confidence that the budget assumptions underlying this tax bill are sound ones. Mr. President, the assumptions underlying this tax bill are grounded not in fiscal reality but in political expediency. But, let us assume that somehow, Congress was able to enact the three-quarters of a trillion dollars in spending cuts. And let us further assume, as we did earlier, that there will be no hurricanes, or floods, or earthquakes, or drought, or any other kind of natural disaster for the next ten years. And that there will be no more Bosnias or Kosovos or Iraqs--no international emergencies of any kind for the next ten years. Even under all of these assumptions, would this tax proposal be a sound one? The answer is no, because even if each and every one of those rosy scenarios comes true, this bill would use over $75 billion in Social Security balances to pay for the tax breaks. Mr. President, I strongly oppose using Social Security to fund tax cuts; that is why I voted against the 1997 tax cut package. We simply should not be using Social Security balances--balances needed to pay future benefits--to fund other government programs, or to pay for tax cuts. Of course, some may argue that even more spending cuts will be found in order to avoid the use of Social Security balances--on the top of the three-quarters of a trillion dollars in cuts assumed in this measure. [[Page S9656]] Mr. President, granting even this still rosier scenario, would this tax measure be fiscally responsible? I regret that it would not, because not only does this tax bill risk our current budget, it puts future generations at risk as well. Mr. President, while the revenue impact of any tax cut measure can be expected to grow over time, the policies outlined in this measure explode. Consider that while in the next ten years, the cost of this proposal is an already whopping $800 billion--if those tax policies are continued, the cost in the second ten years will be a nearly unbelievable $2 trillion. If you add the additional interest payments that will arise from debt service, the total cost of the tax policies in this bill rise to over $3 trillion. For those who may have forgotten, let me remind my colleagues that it is in that second ten years when the baby boomer generation begins to retire and put increased pressure on Social Security, Medicare, and the long-term care services provided under Medicaid. If ever there were a time to be prudent, now is the time. As improved as the short-term budget picture is, the longer-term budget picture is little changed. We still face serious problems in Medicare, and as I noted, the baby boomer generation will put enormous pressure on that program, as well as on the long-term care services, many of which are provided through Medicaid. There is also a consensus that we should address the long-term fiscal health of Social Security, and the sooner the better. And finally, Mr. President, we still face a mountain of debt that was run up during the 1980s and early 1990s because of the deficits that were run up during that time. In each of these areas, there is a stark choice: we can act now to address each of these areas; or, we can ignore them, watch the problems get much worse, and leave the work and cost of reform to our children and grandchildren. Mr. President, for me, that's an easy choice. I do not want my children footing the bill for the failure of past generations to act responsible. I want to support a tax cut, but not one that jeopardizes the work we have done to straighten out the current budget and squanders the opportunity to reduce our debt and put Social Security, Medicare, and our long-term care system on sound footing. Mr. President, let me take a moment to look at the make-up of the tax measure itself. One might expect that a tax cut of $800 billion would provide the sort of broad-based tax benefits that would be politically attractive. But given the amount of revenue dedicated to this tax cut, the benefits to the average taxpayer are surprisingly small, and the overall package is heavily skewed to some of the wealthiest individuals and corporations in the world. As was noted by the tax watchdog group Citizens for Tax Justice, the tax bill gives three-quarters of its benefits to the best-off fifth of all taxpayers. By contrast, only 11 percent of the tax bill's benefits go to the bottom 60 percent of all taxpayers. While the average tax reduction for the wealthiest 1 percent of taxpayers--those with incomes over $300,000--is over $23,000 a year under this bill, those with more average income do not do quite as well. The average tax cut for those who are among the middle fifth of taxpayers will be $279, or about $5 per week. For those in the bottom three-fifths of all taxpayers, the average tax cut is even smaller--about $140 per year, or less than $3 per week. Mr. President, under this $800 billion tax bill, the majority of taxpayers will have an average tax cut of $3 per week. Maybe the proponents of this bill are hoping most of America will use this windfall to buy one of those overpriced cups of coffee. Well, Mr. President, thanks to this tax bill, once a week, three- fifths of America will now be able to go to one of those fancy coffee shops and get a frothy decaf cappuccino latte with skim milk. This tax bill is a bad tax policy any way you brew it. Mr. President, I recognize that some may genuinely believe we should dedicate about $800 billion to tax cuts over the next ten years. The tragedy is that even in that context, the $800 billion was spent unwisely, because in addition to Social Security, Medicare, long-term care, and reducing our national debt, one of our highest priorities should be significant reform of our tax code. It was just a few months ago that we heard how critical fundamental tax reform was to our future. Flat tax, consumption tax, a national value-added tax--there were a number of significant proposals that sought to address the inefficiency of our current Tax Code. Simplification was the order of the day, and let me add, Mr. President, that while I did not support many of those proposals, I think many of the proponents of reform got it exactly right. Our Tax Code should be simplified. We should reduce the number of special interest tax breaks and use that savings to lower the tax rates for everyone. I participated in just that kind of exercise at the State level as chair of the Taxation Committee in the Wisconsin State Senate. As we all know, there will be winners and losers in a reform of our tax code, and I can tell you from direct experience that the best time to enact tax reforms is when you have additional resources to help increase the number of winners and decrease the number of losers. Mr. President, this tax bill and the House version both squandered that opportunity as well. We might have had a significant start on real tax reform. Instead, we got a grab bag of goodies for special interests added to a tax code already thick with complexity. A recent article in the Washington Post listed a number of the special interest tax breaks in this bill and the House version. They include tax breaks for: multinational corporations, utility companies, railroad, oil and gas operators, timber companies, the steel industry, seaplane owners in Alaska, sawmills in Maine, barge lines in Mississippi, Eskimo whaling captains, and Carolina woodlot owners. This bill is a dream come true for business lobbyists. The Post reported one lobbyist as saying, ``If you're a business lobbyist and couldn't get into this legislation, you better turn in your six-shooter.'' Mr. President, in the name of complete disclosure, let me note that I understand the Democratic alternative, which I may support, suffers from the same problem, though to a much lesser extent. And it will come as no surprise to my colleagues that I firmly believe this kind of pandering to special interests is a direct result of our campaign finance system. There's ample evidence to that effect right here in this bill. The campaign finance system gives wealthy interest an open invitation to influence legislation in this body, and in this bill it's clear that special interests accepted that invitation in droves, Mr. President. For the benefit of my colleagues and the public, I'd like to share just a few examples of what these interests gave in PAC and soft money, and what they got in either this bill, the House tax measure, or both. I do this from time to time; it is known as ``The Calling of the Bankroll.'' According to the Washington Post, an umbrella organization called the Coalition of Service Industries, a coalition of banks and securities firms, won a provision to extend for five years a temporary tax deferral on income those industries earn abroad. The value of this tax deferral: $5 billion over ten years. So we know what Congress has given the Coalition of Service Industries, but what has the Coalition of Service Industries given to candidates and the political parties? During the 1997-1998 election cycle, coalition members gave the following: Ernst & Young--more than half a million dollars in soft money, and nearly $900,000 in PAC money. CIGNA Corporation--more than $335,000 in soft money, and more than $210,000 in PAC money. [[Page S9657]] American Express--more than $275,000 in soft money and nearly $175,000 in PAC money. Deloitte and Touche--more than $225,000 in soft money and more than $710,000 in PAC money. Of course, as I said Mr. President, this is just a sampling of what Coalition of Service Industries members have given. I'd be up here a lot longer if I had a document all the millions of dollars these groups have given. But it doesn't stop there. These two tax bills mean Christmas in July for special interests, Mr. President, with gifts for jut about every industry in Santa's bag. The post reports the utility industry got a provision affecting utility mergers in the House measure, which, if it survives, is worth more than $1 billion to the utility industry. The provision would excuse the payment of taxes on the fund that utilities set up to cover the costs of shutting down nuclear power plants. Utilities companies that operate nuclear power plans would be particularly grateful to see this provision passed, Mr. President. Their depth of their gratitude would be matched only by the size of their campaign contributions during the last election cycle, including: Entergy Corporation, which gave $228,000 in soft money and nearly $250,000 in PAC money; Commonwealth Edison, which gave $110,000 in soft money and more than $106,000 in PAC money; And Florida Power and Light, which gave nearly $300,000 in soft money and more than $182,000 in PAC money. As it does so many other issues, our campaign finance system is preventing real reform to our tax code, and those who doubt that only need to look at this bill. Mr. President, the best thing we can say about this tax bill is that it will not be enacted into law. The President will almost surely veto it, and he will be right in doing so. This bill is fiscally irresponsible. It depends on budget suppositions that are at best fanciful. It uses Social Security balances to pay for tax cuts. It proposes a tax policy that no only jeopardizes our current budget but our future fiscal health. It sticks our children and grandchildren with the cost of paying-off the debt run up over the past two decades, and leaves them the task of extending the solvency of Social Security, strengthening Medicare, and reforming our long-term care system. And it hands our special interest tax breaks galore while providing little tax relief to the vast majority of taxpayers. Mr. President, I will vote against this bill, and urge my colleagues to do so as well. Mr. President, I yield the floor. Mr. BAUCUS. Mr. President, I yield 5 minutes to my good friend from Delaware, Senator Roth. Mr. ROTH. Mr. President, Senator Gramm has provided Members with a straightforward alternative to the bipartisan Finance Committee bill. I compliment him on the clarity of his approach, much of which I favor. Although provisions of Senator Gramm's substitute have appeal for me, frankly, I could not have used it as a basis for the Finance Committee. His proposal contains elements that would not garner a majority of committee members. In addition, Senator Gramm's substitute, though popular with many in the Senate Republican caucus, would not pick up support on the other side of the aisle. For that reason, his proposal would not be a blueprint for tax cuts, in the form of a signable bill, that we can deliver to the American people now. Finally, although Senator Gramm's amendment is simpler, it leaves out many bipartisan tax measures that address important tax issues. For instance, education savings incentives are deleted. This means parents who want to save for a child's college education would be left out of the picture. We're talking about millions of parents and students in every state. Yet another example is the student loan interest deduction. Under the Finance Committee bill, at least three million graduates, bearing the burden of college debt, would be allowed to deduct student loan interest on their tax returns. In my legislation I try to focus on matters of need to the American family. I provide incentives to promote savings, pensions, IRAs. Many in retirement depend not only on Social Security, which we will address, but also on personal savings and pensions. My bill addresses that. There is nothing to correct the problems of AMT, the alternative minimum tax. Unfortunately, thousands upon thousands of American families will be hit by AMT and not enjoy the full benefit of many programs such as the child tax credit. Finally, nothing is done with respect to charitable giving. We have proposals that will promote and create incentives. For these and other reasons, I must oppose Senator Gramm's well- intentioned amendment. I reserve the remainder of my time. Mr. BAUCUS. Mr. President, I yield myself such time as I might consume. The Finance Committee has already rejected this provision. The Finance Committee deliberated this amendment in committee, and, by a large margin turned it down because it is excessive. It is irresponsible, in my judgment. It is not the right thing to do. It says we are going to take the entire on-budget surplus. And because of the tax cut plus the lost interest on the debt, there is nothing left for Medicare, discretionary spending or any other programs which will be cut anyway by a very large margin. It is excessive, too, compared to the bill passed by the committee because it is so backloaded. It is so top heavy. By that, I mean the bulk of the cost of the provisions are at the very end--6, 7, or 8 years from now. No one can predict the future of this country and what position we will be in 6 to 8 years from now. I was speaking to the CEO of a major American company a few days ago, a man we all know, a company we all know very well. He told me they can't begin to plan for the future. They do have 5-year plans but they know the 5-year plans are not going to be accurate. So they have to just do the best they can on virtually a quarterly basis. They have to go ahead in the areas they think are the areas of the future, but it is almost impossible to plan in this modern era. So I say, if we today were to lock in provisions in the law which will hemorrhage this country's budget surplus based upon ephemeral, distant projections which are never accurate, that is not responsible. That is not the right thing to do. And that is what this amendment does. That is why basically, fundamentally, without going into all the details of it, why this does not make sense. It has often been stated during this debate that the time when the baby boomers begin to retire is when these things really start to kick in and the costs explode. I think prudence is the watchword here today. History sometimes is a guide. Look at the 1980s. What happened in the 1980s? There was a huge tax cut. Congress succumbed to the siren song of supply side economics. What was supply side economics supposed to do? It was supposed to make deep tax cuts, spend more on defense, and guess what, folks, that is going to cause the budget to be balanced. That was what supply side economics was supposed to do--advocated, by the proponents of this amendment. It was going to balance the budget. The theory is the trickle down theory: Cut the taxes of the most wealthy, they invest a lot more, it trickles down and the economy starts humming and it balances the budget. That was the Laffer curve. Guess what, it did not work. We kind of knew it was not going to work, but it was such a temptation, such a siren song to vote these huge tax cuts, hoping, hoping, hoping that what the proponents said would come true. Guess what, it did not. It did not come true at all. The tax cut was passed in 1981. Then what happened in 1982? This Congress, a Republican Congress, and President Reagan, had to change course. They had to raise taxes. The Republican Congress and Republican President raised taxes in 1982. Then guess what. This tax increase was not enough because the deficits were just so large. The Republican Congress and Republican President had to raise taxes again in 1984. They had to raise taxes more because the deficit was so large. The national debt in 1980 was roughly about [[Page S9658]] $1 trillion; 8 years later it was roughly $3 trillion, maybe close to $4 trillion. It tripled and quadrupled during that time of the huge tax cuts. Then we had to add more taxes back again in 1982 and 1984. So, in many ways this is history repeating itself. Democrats in the Senate support a tax cut. We support using a third of the on-budget surplus to pay for a tax cut. But we are just saying don't use all of the on-budget surplus for tax cuts with virtually all going to the most wealthy Americans. Do you know what else is going on here? I do believe the proponents of this bill are so--not distrustful, but so opposed to Government that they want these huge tax cuts partly to force down deeper cuts, way below the baseline in spending. I think they want to cut veterans' benefits 30 percent; they want to cut health education 20, 30 percent; want to cut these programs. I think there are really many on that side who want to make these cuts. They want to. As strange as that might sound, they want to. That is another reason for this huge tax cut because it will force cuts in spending later on. We have already cut spending. Discretionary spending has been cut so much by this body over the last 10 years it is unbelievable. And the size of government has gone down, with many fewer federal employees than there were years ago. To sum it all up, we have seen this provision in the Finance Committee. The Finance Committee soundly rejected this amendment. I urge the Senate to also soundly reject this amendment. It is not good policy. I reserve the remainder of our time. The PRESIDING OFFICER. The Senator from Texas. Mr. GRAMM. Mr. President, I yield 10 minutes to the distinguished Senator from Tennessee. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. Mr. President, I think Senator Gramm is bringing a very important principle to the table, one that we need to address: If we are going to have a tax cut, what kind of tax cut should we have? What is best for the economy, and what is fair? There was a consensus in this country, 10, 15 years ago, that we needed to have a tax policy based upon a broader base and lower rates. That is essentially the tax bill that came out in 1986. We came down to two tax rates. We had a 15-percent and a 28-percent tax rate. There was a broader base, where more people were paying taxes, but lower rates. In the 1990s, we have gotten away from that. We have gotten away from that principle and gone, instead, toward what has been referred to as targeted tax cuts. That its basically the Government--we, the President--that decide, on an individual basis, who deserves the tax break or tax cut in any particular year. Usually it is based upon how much clout they have, or some notions of fairness of a particular congressional makeup at some particular time. So now we have wound up with higher rates and a narrower base. We now have five income tax rates instead of the two we had back in 1986 in addition to phaseouts. The Tax Code, not only do we have additional rates, it has become more progressive, even in addition to those rates. I do not think a lot of people are aware of this. I think most Americans think initially, basically, they can look at tax rates and see what their tax burden is. But then you look at all the phaseouts that we have. Congress has decided in its wisdom that people of a certain income level do not deserve some of the deductions, exemptions, and benefits that others deserve. So we have a personal exemption phaseout. We have an itemized deduction phaseout at basically the $124,000 level for individuals. I am talking about individuals and not couples, in terms of the dollar amounts I am using. The personal exemption phaseout; itemized deduction phaseout, limitation of only being able to deduct that amount over 2 percent of itemized deductions; a 7.5 percent floor on medical deductions; a 10 percent adjusted gross income floor on casualty deductions; a $500 child credit that phases out at an income level of $75,000; a dependent child credit that begins to be phased out at an income level of $10,000--if you make that much it begins to be phased out; a deductible IRA, $30,000; an education IRA, $95,000; the HOPE credit, college credit, begins to be phased out at $40,000 for an individual. So we want to help you go to college, we want to help your kids go to college--as long as you do not have a job, basically is what that amounts to. We have a life-time learning credit of $40,000; student loan interest deductions, at $40,000 it begins to be phased out; education savings bond interest--if you make $52,000 you begin to lose that; elderly/ disabled credit, $7,500; adoption credit/exclusion, $75,000; DC first time homebuyer--if you make $75,000, you begin to have that phased out as a taxpaying individual; rental real estate losses; rehabilitation tax credit--on and on and on. In addition to continuing to raise the tax rate--the highest one in 1986 was 28 percent and now it is up to 39.6 percent plus the maximum-- plus the limited itemized deductions and phaseout of personal exemptions, you wind up with an effective rate of over 40 percent. When you remove the cap on Medicare tax, plus these phaseouts, you are looking at, in some cases, close to an effective 45-percent tax rate, something like that. My only point is that, as we decide how to go forward, we need to understand that we have a progressive system as far as our income Tax Code is concerned, and that is the way it ought to be. A lot of people believe it is that way. But every time we have a tax cut, we cannot say let's give everybody the same dollar amount back in taxes regardless of how much they paid in because we have a very progressive system. We have progressive tax rates up to 39.6 percent, with phaseouts so that if you are making any money, if people are working hard and making a pretty good living, they begin to lose the deductions and credits. That makes it even more progressive. We come along and say we are going to give a tax cut now, and we say if the other guy is paying twice as much in taxes as I am, give him a tax cut. He lost all these exemptions because he is making good money. He is paying twice as much in taxes. But we come along with a tax cut and we say they are going to both get the same amount back? I do not think that makes much sense. Let's say the economy was good and we were able to have successive tax cuts over a period of time and we gave the same dollar amount back to everybody regardless of how much they were paying in taxes. We would have a narrower and narrower base all the time and fewer and fewer people paying any taxes at all. We would continually be taking people off the tax rolls. We already have 43 million people who do not pay taxes. As progressive as our Tax Code is, as does the Senator from Texas, I make no apologies for the proposition that when it comes time for a tax cut, let's base the tax cut on how much people are paying in. We have to ask ourselves a fundamental question: Are we interested in punishing folks who make a good living or are we interested in collecting money for the Federal Government to pay legitimate Government expenses? History shows every time we have had a reduction in tax rates, we have more money. Every time the Government reduces rates in any appreciable amount, the Government winds up getting more money. In the 1920s, it was true. In the 1960s, under President Kennedy, who said a rising tide lifts all boats, it was true. In the much maligned 1980s, which laid the groundwork for the greatest economic prosperity this world has ever known, it was true. Increased revenues in the twenties was 61 percent over a 7-year period. In the sixties, a revenue increase after inflation was about 33 percent. In the eighties, after cutting the tax rates, revenues increased 28 percent because it reduced the incentive to hide income, to shelter income, and to underreport income. Similarly, the share of the tax burden paid by the rich rose dramatically as the rates fell. By cutting rates, we get more money out of the rich. Do we want to be concerned about how much somebody is making and try to hold that down or do we want the money for the Federal Government? I thought the idea was to have a fair Tax [[Page S9659]] Code but to raise the money for the legitimate expenses of the Federal Government. In the 1920s, they called rich $50,000. I guess things have not changed that much. But in 1921, the rich paid 44 percent of the income tax. In 1928, after the rate cut, they paid 78 percent of all taxes. The gap was not quite as pronounced later on, but in 1963 under President Kennedy, at the time of the cut, the rich were paying 11.6 percent of all the taxes being paid. In 1966, they were paying 15.1 percent. In the 1980s, we were talking about the top 10 percent---- The PRESIDING OFFICER. The Senator's time has expired. Mr. THOMPSON. I ask for another 3 minutes. Mr. GRAMM. I yield the Senator another 3 minutes. The PRESIDING OFFICER. The Senator from Tennessee. Mr. THOMPSON. In the 1980s--1981--the rich were paying 48 percent of the taxes. In 1988, they wound up paying 57 percent of the taxes. We do not get a lot of credit taking up for the rich, but our responsibility as public servants is to look out for the country and have policies that are going to get the most money and not try to be too concerned about who is going to get this share of the economic pie: I am going to get yours; you are not going to get mine. Our concern should be with making that economic pie better. As far as an across-the-board cut is concerned, every serious observer nowadays thinks it is sound economic policy. Lawrence Lindsey, former Federal Reserve Board member, George Shultz, former Secretary of State, and even the oft quoted Chairman Greenspan--there may be some discussion as to when he thinks a tax cut should come about, but he says when it comes about, it ought to be an across-the-board rate reduction. This is sound economic policy. I know the prospects for this particular amendment, but all of this business about soak the rich and unfairness, we need to keep a little balance and keep things in mind. If we want more money, if we want to be fair--first of all, we have to recognize we have a very progressive system in this country, so when it comes time for a tax cut, let's pay some attention to the idea of across the board and not ha

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