Don Nickles

Mr. NICKLES

Mr. NICKLES. I thank my colleague.

Mr. NICKLES

Mr. NICKLES. I thank my friends and colleagues.

Mr. NICKLES. I ask unanimous consent this be the next Republican amendment filed in the normal course of business.

Mr. NICKLES. I ask unanimous consent to set aside the pending amendment and send an amendment to the desk on behalf of Senator Bond, Senators Collins, Enzi, Allen, and Senator Nickles.

Mr. NICKLES. Is there an amendment pending by Senator Allen?

Mr. NICKLES. Mr. President, I ask unanimous consent reading of the amendment be dispensed.

Mr. NICKLES. Parliamentary inquiry: What is the number of that amendment?

Mr. NICKLES. Mr. President, I ask unanimous consent to set aside the pending amendment and ask consent to call up amendment No. 2702 on behalf of Senator Allen.

Mr. NICKLES

Mr. NICKLES. I thank my colleague. The committee has done a wonderful job on district court judges, and I urge them to consider some of the circuit court nominees.

Mr. NICKLES. Mr. President, I thank my friend and colleagues from Vermont and Utah for their comments. On the issue of judges, I think the Senate, and particularly with the leadership of both Senator Leahy and Senator Hatch, did very well on district court judges. We moved a total of 28 judges last year, and 2 now, so that is 30 judges we have confirmed this Congress, 6 of whom were circuit court judges and the rest were district court judges. So I compliment them. The percentage of district court judges has been a good percentage for the number who were nominated through the summer. So that was good. On circuit court judges, the record is not quite so good. We have confirmed six. President Bush has nominated 29. I comment to the chairman of the committee and the ranking member of the committee, there are 23 circuit court judges, only 1 of whom has had a hearing. In the 23 who are pending, there are some outstanding nominees. For example, Miguel Estrada is a native Honduran who came to the United States. He graduated top of his class from Columbia and Harvard Law School. He has argued 16 cases before the Supreme Court. I hope we have a hearing for him. He was nominated in May, so I again ask the chairman of the committee, before he leaves--before he leaves, I wanted to again compliment him for the work he has done on district court judges. I think we have made good progress, but on circuit court judges there are 23 who are pending, 1 of whom has had a hearing, Judge Pickering, but of the 22 who have not had a hearing, several are outstanding, many of whom were nominated in May. I believe eight were nominated in May. I urge my friend and colleague to take a look at such outstanding individuals. I mentioned Miguel Estrada, John Roberts. Miguel Estrada argued 16 cases before the Supreme Court; John Roberts, also for the D.C. Circuit Court of Appeals, argued 36 cases before the Supreme Court. Undoubtedly, they are two of the most well-qualified individuals anywhere in the country. They have yet to have a hearing scheduled. I say thank you. The Senator has moved all of the district court judges from Oklahoma. I am pleased about that. All four were sworn in and will be good consensus judges. I ask and urge my colleague to move forward as quickly as possible on the 23 circuit court nominees, schedule their hearings, and see if we cannot move some of those nominees through as soon as possible.

Mr. NICKLES

Mr. NICKLES. Will the Senator include me as a cosponsor of the amendment? Mr. President, I ask unanimous consent to be made a cosponsor.

Mr. NICKLES. Mr. President, I missed part of his statement. This is an amendment to the Daschle amendment?

Mr. NICKLES. I am happy to yield.

Mr. NICKLES. It costs how much?

Mr. NICKLES. To be expended this year; and it is for what?

Mr. NICKLES. Will the Senator from Minnesota yield just for a couple of minutes?

Mr. NICKLES. Mr. President, I have just a couple of comments. My colleague and friend from Illinois said something about this bill before us is promoting tax credits. The House Bill 3529 that this Senator tried to bring up and that passed the House just recently reformed corporate AMT, and didn't have anything that was going to be of benefit to Enron. I want to make sure that is understood.

Mr. NICKLES. Will the Senator yield?

Mr. NICKLES. Mr. President, I make a point of order under section 302 of the Budget Act against the pending amendment, No. 2701, for exceeding the spending allocation of the Senate Finance Committee. Several Senators addressed the Chair.

Mr. NICKLES. To correct my colleague, the bill we are trying to bring up is H.R. 3529, and it contains reformed corporate AMT. The bill the Senator is referring to did pass the House earlier. It is not what this Senator is trying to bring up? The House, as I am sure my colleague also knows, passed the subsequent measure. That is the measure that has bipartisan support. That is the measure the President supports. That is the measure we are trying to pass. That is the measure that Senator Daschle wants to pass and then strike the language on the House-passed bill and insert it in. I suggest we take up H.R. 3529 and amend it. Again, we just want to make sure. H.R. 3529 is the bill we are trying to bring up, and Senator Daschle is trying to bring up his four-point bill. I have some reservations about that bill. My colleague from Illinois, I know, said a couple things he likes about it. There are a couple things I do not like about it. I am suggesting we take up the House-passed bill, what Senator Daschle is planning on eventually striking, and amending it with whatever we come up with. I suggest we take up the House-passed bill which does not include any provisions that would benefit Enron, which I think may have been implied earlier.

Mr. NICKLES. Mr. President, I missed part of my colleague's comment. I heard he would have an amendment to add an agriculture section to the so-called stimulus bill. I don't think that underlying bill qualifies as a stimulus bill. I don't see anything in the underlying bill that creates jobs. Now we are talking about an additional 2-point-some billion dollars to be added to agriculture payments. I don't think the amendment should be on this bill. I want to read the amendment. I know many sections of our country in rural areas are hurting in agriculture. We will be debating the agriculture bill, the farm bill, probably in the next couple of weeks, and I think that would be a more appropriate vehicle. I will read my colleague's amendment. I have great respect for him. My initial reaction is it does not belong on this bill. I hope it will not be added to this bill. We will no doubt vote in the not-too-distant future. I know there are colleagues on this side, and I assume we will alternate amendments. Senator Smith has an amendment on accelerated depreciation. It is my hope to bring that amendment up as well.

Mr. NICKLES. Madam President, pursuant to section 205(b) of H. Con. Res. 290, the concurrent resolution on the budget for fiscal year 2001, I raise a point of order against the emergency designation, as defined in section 205(d) of that resolution, which is contained in the pending amendment No. 2701.

Mr. NICKLES. I announce that the Senator from New Mexico (Mr. Domenici), the Senator from Oklahoma (Mr. Inhofe), the Senator from Arizona (Mr. McCain), the Senator from Alaska (Mr. Murkowski), and the Senator from Alabama (Mr. Shelby) are necessarily absent. I further announce that if present and voting the Senator from Oklahoma (Mr. Inhofe) would vote ``aye.''

Mr. NICKLES. I am happy to yield.

Mr. NICKLES. Mr. President, I know my colleague from Wyoming, who has an interest in this area, is waiting to speak, as well as others. I yield the floor.