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DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2002 -- (Senate - August 02, 2001)

I rise to support my friend from Arizona, Senator Kyl, and compliment

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him on the amendment he has introduced. I think he has studied this issue very carefully. He has noticed that many States--in fact, about 29 States--appear to get severely shortchanged in the current formula in the clean water development fund. His is a new formula that has a better rationale to it. We cannot really figure out what formula was used back in 1987 in the conference committee. They just picked an arbitrary formula that seemed to steer a lot of money to a select handful of States. But most States, the majority of States, come up short under the current formula.

   As I understand it, Senator Kyl's new formula is based on the same formula that is used in the safe drinking water revolving fund. It certainly will make for a better need-based distribution of these important allocations of funds for wastewater treatment around the country.

   I rise to support Senator Kyl's amendment. I understand the Presiding Officer has joined as a cosponsor. This seems to be good legislation for our State and a majority of States around the country. We all know from local communities around our States how important these funds are for these water treatment projects.

   I hope we will have a majority vote in favor of this amendment.

   The PRESIDING OFFICER. The Senator from Arizona.

   Mr. KYL. I ask unanimous consent that Senator Allen from Virginia be also listed as a cosponsor.

   The PRESIDING OFFICER. Without objection, it is so ordered.

   Who yields time? If no one yields time, time will be deducted from the time remaining to both sides.

   Ms. MIKULSKI. Mr. President, let's be clear. This amendment totally changes the water formula--totally. New York loses $14 million, Maryland loses $2 million. There are winners and there are losers. Under what I am suggesting, we table this and end this debate but we encourage the authorizers to really face the problem of water infrastructure needs and to ask the Administrator of the EPA to evaluate these formulas, taking into consideration the needs of our communities, the new census data, and that we act in a prudent and measured way.

   This is not the place to do this legislation. It is absolutely not the place to do this legislation.

   I yield the floor and ask how much time I have remaining.

   The PRESIDING OFFICER. The Senator from Maryland has 1 minute 15 seconds remaining.

   Ms. MIKULSKI. I reserve that time.

   The PRESIDING OFFICER. The Senator from Missouri has 7 minutes 45 seconds.

   The Senator from Missouri.

   Mr. BOND. Mr. President, let me just check on the time status. We are to begin the votes at 1:50; is that correct?

   The PRESIDING OFFICER. At 1:55.

   Mr. BOND. Is there to be a time period for the proponents and opponents prior to that 1:50, or are we to use the time that is now allotted to us?

   The PRESIDING OFFICER. At 1:55 there will be 2 minutes equally divided before the first vote and 2 minutes equally divided before the second vote.

   Mr. BOND. Mr. President, I yield myself 2 minutes from the time I have remaining.

   The PRESIDING OFFICER. The Senator has 1 minute 46 seconds remaining.

   Mr. BOND. I will use that.

   Mr. President, again, I commend Senator Kyl, the Senator from Arizona, for bringing to our attention the very important issue of how these vitally important funds are allocated. I have raised my concerns that the allocation he seeks to add in the appropriations bill should go through a thorough process in the authorizing committee because it is very complex.

   I have looked at the formula that has developed. I find that it has many, many different aspects. He has figured in earmarks that are not included in the allocation. There is a 1-year formula that is extremely confusing. The EPA has already advised us they would not know how to implement it. Certainly the more I see of it the more I believe it must have a thorough discussion, debate, hearings, and the work of the markup in the authorizing committee.

   I commend him for bringing this to our attention. I urge my colleagues to support our tabling motion.

   On behalf of the Senator from Vermont, the chairman of the Committee on Environment and Public Works, I move to table the Kyl amendment. I ask for the yeas and nays.

   The PRESIDING OFFICER. Does the Senator from Maryland yield back her time?

   Ms. MIKULSKI. I yield the time.

   The PRESIDING OFFICER. Is there a sufficient second?

   There is a sufficient second.

   The question is on agreeing to the motion. The clerk will call the roll.

   The legislative clerk called the roll.

   Mr. NICKLES. I announce that the Senator from New Mexico (Mr. DOMENICI) is absent because of a death in the family.

   The PRESIDING OFFICER (Mr. BAYH). Are there any other Senators in the Chamber desiring to vote?

   The result was announced--yeas 58, nays 41, as follows:

[Rollcall Vote No. 266 Leg.]
YEAS--58

   Akaka

   Bond

   Breaux

   Byrd

   Cantwell

   Carnahan

   Carper

   Chafee

   Cleland

   Clinton

   Cochran

   Collins

   Daschle

   Dayton

   Dodd

   Edwards

   Frist

   Graham

   Gramm

   Grassley

   Gregg

   Harkin

   Hollings

   Hutchinson

   Hutchison

   Inhofe

   Inouye

   Jeffords

   Kennedy

   Kerry

   Kohl

   Landrieu

   Leahy

   Levin

   Lieberman

   Lincoln

   Lott

   Mikulski

   Miller

   Murray

   Nelson (FL)

   Nickles

   Reed

   Reid

   Rockefeller

   Sarbanes

   Schumer

   Sessions

   Shelby

   Smith (NH)

   Snowe

   Specter

   Stabenow

   Stevens

   Thompson

   Voinovich

   Wellstone

   Wyden

NAYS--41

   Allard

   Allen

   Baucus

   Bayh

   Bennett

   Biden

   Bingaman

   Boxer

   Brownback

   Bunning

   Burns

   Campbell

   Conrad

   Corzine

   Craig

   Crapo

   DeWine

   Dorgan

   Durbin

   Ensign

   Enzi

   Feingold

   Feinstein

   Fitzgerald

   Hagel

   Hatch

   Helms

   Johnson

   Kyl

   Lugar

   McCain

   McConnell

   Murkowski

   Nelson (NE)

   Roberts

   Santorum

   Smith (OR)

   Thomas

   Thurmond

   Torricelli

   Warner

NOT VOTING--1

   

   Domenici

   

   The motion was agred to.

   Mr. BOND. Mr. President, I move to reconsider the vote.

   Ms. MIKULSKI. I move to lay that motion on the table.

   The motion to lay on the table was agreed to.

   AMENDMENT NO. 1231

   The PRESIDING OFFICER. There will be 2 minutes evenly divided before a vote on the Schumer amendment.

   Who yields time? The Senator from Idaho.

   Ms. MIKULSKI. Mr. President, this is a very contentious amendment. The Senator from Idaho is entitled to be heard.

   The PRESIDING OFFICER. The Senate will be in order.

   Mr. BOND. Mr. President, is this a motion to table?

   The PRESIDING OFFICER. Yes. A motion to table has been made.

   Mr. BOND. Is the first time to be taken by the proponents of the measure or by the proponents of the tabling?

   The PRESIDING OFFICER. Senator Craig sought recognition in support of the motion to table.

   Mr. BOND. I suggest that Senator Hutchison would wish 30 seconds.

   Mr. CRAIG. I will be happy to yield to the Senator from Texas.

   Mrs. HUTCHISON. Not at this time.

   The PRESIDING OFFICER. The Senate will be in order before we proceed.

   The Senator from Idaho.

   Mr. CRAIG. Mr. President, it is my understanding there are 2 minutes equally divided?

   The PRESIDING OFFICER. That is correct.

   Mr. CRAIG. Or per side?

   The PRESIDING OFFICER. One minute in support of the amendment and 1 minute in opposition.

   Mr. CRAIG. Mr. President, I am speaking on the motion to table the Schumer amendment. Mr. Schumer wishes to allocate $15 million of this appropriation to what we call gun buybacks. He is taking $15 million away from AIDS and the homeless and Native American housing and the revitalization of the public housing.

   I am telling you what the record says. Since 1978, law enforcement in America has clearly said gun buybacks

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don't work. They buy back old and obsolete and unused guns off the street, yes; out of homes, yes. Do they take away the semi-automatics or the .38s used in the commission of crimes? Absolutely not. That is why law enforcement in America today is backing away from gun buybacks. The commissioner of law enforcement in Boston said, ``We won't use our money there anymore because it is ineffective.'' Crime goes up. Yes, they are great photo opportunities, but it does not work.

   That is why, 2 weeks ago, the Bush administration said we will allocate money in HUD for those things that work, where we can get at crime through interdiction and law enforcement and not through a photo opportunity.

   I ask you to vote to table the Schumer amendment.

   The PRESIDING OFFICER. The Senator from New York.

   Mr. SCHUMER. Mr. President, this is a commonsense amendment. It says we ought to continue, at a very modest sum of $15 million, a gun buyback program. Contrary to what my friend said, it is supported by law enforcement. It has worked in public housing authorities, where it is most needed. We are not putting any restrictions on anyone who wants to keep their gun or use their gun, but if people wish to turn in their guns for a modest sum, get it out of the home to avoid accidents, avoid a criminal getting their hands on the gun, avoid a kid going out with the gun on the street, creating havoc, why not?

   We should not make this any kind of ideological test. It is simple, common sense that buyback programs have worked. It is funded very modestly. The administration wants to rescind it. We should keep it going. It is that plain and simple.

   The PRESIDING OFFICER. All time has expired.

   The question is on agreeing to the motion.

   The yeas and nays have been ordered and the clerk will call the roll.

   The assistant legislative clerk called the roll.

   Mr. NICKLES. I announce that the Senator from New Hampshire (Mr. GREGG) is necessarily absent.

   I further announce that the Senator from New Mexico (Mr. DOMENICI) is absent because of a death in the family.

   The PRESIDING OFFICER. Are there any other Senators in the chamber desiring to vote?

   The result was announced--yeas 65, nays 33, as follows:

[Rollcall Vote No. 267 Leg.]
YEAS--65

   Allard

   Allen

   Baucus

   Bayh

   Bennett

   Bingaman

   Bond

   Breaux

   Brownback

   Bunning

   Burns

   Byrd

   Campbell

   Carnahan

   Chafee

   Cleland

   Cochran

   Collins

   Conrad

   Craig

   Crapo

   DeWine

   Dorgan

   Edwards

   Ensign

   Enzi

   Feingold

   Frist

   Gramm

   Grassley

   Hagel

   Hatch

   Helms

   Hutchinson

   Hutchison

   Inhofe

   Jeffords

   Johnson

   Kyl

   Leahy

   Lincoln

   Lott

   Lugar

   McCain

   McConnell

   Miller

   Murkowski

   Nelson (NE)

   Nickles

   Reid

   Roberts

   Rockefeller

   Santorum

   Sessions

   Shelby

   Smith (NH)

   Smith (OR)

   Snowe

   Specter

   Stevens

   Thomas

   Thompson

   Thurmond

   Voinovich

   Warner

NAYS--33

   Akaka

   Biden

   Boxer

   Cantwell

   Carper

   Clinton

   Corzine

   Daschle

   Dayton

   Dodd

   Durbin

   Feinstein

   Fitzgerald

   Graham

   Harkin

   Hollings

   Inouye

   Kennedy

   Kerry

   Kohl

   Landrieu

   Levin

   Lieberman

   Mikulski

   Murray

   Nelson (FL)

   Reed

   Sarbanes

   Schumer

   Stabenow

   Torricelli

   Wellstone

   Wyden

NOT VOTING--2

   Domenici

   Gregg

   

   The motion was agreed to.

   Mr. BOND. 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.

   AMENDMENT NO. 1226, AS MODIFIED

   Mr. McCAIN. Mr. President, I believe my amendment, which I offered earlier, is the pending business.

   The PRESIDING OFFICER. The Senator is correct.

   Mr. McCAIN. I seek recognition.

   The PRESIDING OFFICER. The Senator is recognized.

   Mr. McCAIN. Mr. President, I am pleased to have the support and cosponsorship of this amendment of Senators KYL, SMITH, and GRAHAM of Florida. I am also especially grateful for the key support of organizations such as the Veterans of Foreign Wars, Disabled American Veterans, AMVETS, Paralyzed Veterans of America, Council for a Livable World, and Citizens Against Government Waste.

   This amendment provides funding for the Secretary of Veterans Affairs--top priority--by adding $5 million that is desperately needed for veterans claims adjudication and eliminating more than $5 million in nonveteran-related earmarked funds contained in the VA-HUD legislation.

   I want to get right to it. Currently, it takes an average of 215 days--215 days--at any of the 58 VA regional offices to make a decision on the hundreds of thousands of claims filed annually. There is presently a backlog of over 600,000 claims by our veterans.

   That is an unacceptable situation. What we are talking about in this amendment is a matter of priorities.

   The amendment will not exceed the budget resolution caps because it is fully offset by cutting funding for 18 separate earmarks by 50 percent, not totally. I am not eliminating the funding for any program or earmark this year. I am eliminating half of the money. Frankly, $5 million is a small amount as compared with the more than $40 million or $50 million that is needed as stated by the Secretary of Veterans Affairs.

   I repeat, I am only cutting half from these specific earmarks in the community development fund account of title II.

   For the record, of the 255 total number of earmarked projects in this fund, nearly 9 out of 10 are for States well represented on the Appropriations Committee. The earmarks I propose to cut in half are just a few examples of the pages of earmarks totaling more than $140 million that are funded from the community development fund.

   Unfortunately, the appropriators have substituted their judgment on how best to spend the funds and have earmarked moneys for programs such as bicentennial celebrations, botanical gardens, art museums, art centers, and heritage trails.

   I point out the bill language as to what a community development program is all about:

   The wide range of fiscal, economic, and social development activities are eligible with spending priorities determined at the local level--

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