Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Tuesday, March 18, 1997 at 2:30 p.m. to hold a closed hearing on intelligence matters.

Mr. LOTT

Mr. LOTT. For the information of all Senators, on Wednesday, following the hour of closing remarks, the Senate will vote on Senate Joint Resolution 22, the independent counsel resolution. Following that vote the Senate will vote on or in relation to Senate Joint Resolution 23, Senator Leahy's resolution. Therefore, Senators can expect two consecutive rollcall votes beginning at 11:30 a.m. tomorrow. It is also possible that on Wednesday the Senate will consider a resolution relating to disapproving the decertification, or certification, of Mexico. Additional votes are, therefore, possible following the stacked votes that occur at 11:30. We are also still working to get a time agreement with regard to the nomination of Merrick Garland for the District Court of Appeals. That could come on Wednesday or Thursday of this week. And, of course, the Senate may also consider any other legislative or executive items that can be cleared.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that when the Senate completes its business today it stand in adjournment until the hour of 10:30 a.m. on Wednesday, March 19. I further ask unanimous consent that on Wednesday, immediately following the prayer, the routine requests through the morning hour be granted and the Senate then resume consideration of Senate Joint Resolution 22, the independent counsel resolution. I further ask consent that the time from 10:30 a.m. until 11:30 a.m. be equally divided between Senators Bennett and Leahy, with Senator Byrd in control of 10 minutes of the Leahy time. I finally ask consent that at 11:30, Senate Joint Resolution 22 be read a third time and the Senate proceed to a vote on passage of that resolution and immediately following that vote the Leahy resolution be read a third time, and the Senate then proceed to a vote on or in relation to Senate Joint Resolution 23, the Leahy resolution. I also ask unanimous consent that there be 2 minutes of debate equally divided in the usual form between those two votes.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that during the pendency of Senate Joint Resolution 22, no amendments or motions be in order other than a motion to table, and at the conclusion of the vote on passage of Senate Joint Resolution 18 at 2:45, approximately, today, there then be 90 minutes for remaining debate, to be equally divided between the two leaders or their designee, with an additional 10 minutes allocated to Senator Specter. I further ask unanimous consent that following the use or yielding back of debate time for Senate Joint Resolution 22 on Tuesday, the joint resolution be temporarily laid aside, and Senator Leahy or his designee be recognized to offer a joint resolution relative to the independent counsel, and no amendments or motions will be in order, other than a motion to table, and that there then be 90 minutes of debate to be equally divided between the two leaders or their designees, and an additional 30 minutes under the control of Senator Feingold, 20 minutes under the control of Senator Byrd, 30 minutes under the control of Senator Levin, 20 minutes under the control of Senator Nickles, and 40 minutes under the control of Senator Coats. Finally, I ask unanimous consent that following the conclusion or yielding back of time today, the second joint resolution be laid aside.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that there now be a period for the transaction of morning business with Senators permitted to speak therein for up to 5 minutes each.

Mr. LOTT

Mr. LOTT. Mr. President, I suggest the absence of a quorum.

Mr. LOTT

Mr. LOTT. Thank you, Mr. President.

Mr. LOTT

Mr. LOTT. Mr. President, today at 1 p.m., following morning business, the Senate will resume consideration of Senate Joint Resolution 22, the call for an independent counsel resolution. For the information of all Members, no rollcall votes will occur during today's session of the Senate, and the next rollcall vote will occur at approximately 2:45 on Tuesday. That rollcall vote will be on passage of Senate Joint Resolution 18, the Hollings resolution on a constitutional amendment for campaign expenditures. Regarding the independent counsel resolution, under the previous order, amendments may be offered to that resolution beginning today at 3 p.m. It is my hope that the Democratic leader and I will be able to reach an agreement as to when the Senate will complete action on Senate Joint Resolution 22--hopefully by tomorrow evening. All Members will be notified when an agreement is reached. It is possible that the Senate will consider a resolution also regarding Mexico and their certification in the antidrug effort. But I presume that would come not later than Wednesday. Maybe we could even go to it on Tuesday. But right now it looks like it will be Wednesday before we get to that. The Senate may also begin consideration this week of the nuclear waste legislation. I will remind all Senators that this is the last week prior to the Easter recess period. I hope the Members will plan accordingly, as we wish to finish our business on time. It will take some cooperation this week to get through the matters we have pending. We are also seeing if we can get a time agreement on one of the judicial appointments. We have not been able to do that yet. We will continue to work on it. Mr. President, I observe the absence of a quorum.

Mr. LOTT

Mr. LOTT. Mr. President, I today join the majority of members of the Judiciary Committee in calling on the Attorney General to begin the process for the appointment of an independent counsel to investigate possible violations of Federal law in connection with fundraising and other activities during the 1996 Presidential election campaign. The independent counsel statute--28 United States Code section 591 and following--provides that the Attorney General shall conduct a preliminary investigation, which is defined as ``such matters as the Attorney General considers appropriate in order to make a determination, whether further investigation is warranted, with respect to each potential violation, or allegation of a violation, of criminal law, when she receives information sufficient to constitute grounds to investigate'' whether certain persons violated any Federal criminal law other than a class B or C misdemeanor. These persons include: First, President and Vice President; Second, persons working in the Executive Office of the President paid at or above level II; Third, chairman and treasurer of the President's reelection committee, or any officer of the reelection committee exercising authority at the national level during the President's term. The test of the sufficiency of the information received is whether or not it is specific and credible. The Attorney General has 30 days to review this information to make the determination. This is a very low threshold test. The only way she can avoid a preliminary investigation is to determine that the information is not credible or not specific. If she finds she is unable to determine within 30 days if the information is credible and specific, she still has to begin the investigation. Further, if the Attorney General determines that an investigation or prosecution by the Department of Justice of any other person may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation. Although this would seem to be more discretionary than the shall language otherwise in the statute, Attorney General Reno understands the importance and the necessity of the independence of the investigation into such matters. As she testified before the Judiciary Committee in 1993 when that committee was considering reenactment of the independent counsel statute: There is an inherent conflict of interest whenever senior Executive Branch officials are to be investigated by the Department of Justice and its appointed head, the Attorney General. The Attorney General serves at the pleasure of the President. Recognition of this conflict does not belittle or demean the impressive professionalism of the Department's career prosecutors, nor does it question the integrity of the Attorney General and his or her political appointees. Instead, it recognizes the importance of public confidence in our system of justice, and the destructive effect in a free democracy of public cynicism.'' She further testified: It is absolutely essential for the public to have confidence in the system and you cannot do that when there is conflict or an appearance of conflict in the person who is, in effect, the chief prosecutor . . . The Independent Counsel Act was designed to avoid even the appearance of impropriety in the consideration of allegations of misconduct by high- level Executive Branch officials and to prevent . . . the actual or perceived conflicts of interest. The Act thus served as a vehicle to further the public's perception of fairness and thoroughness in such matters, and to avert even the most subtle influences that may appear in an investigation of highly-placed Executive officials. Despite the fact that high-level executive department officials and other covered persons have been implicated in possible violations of Federal law, the Attorney General seems to have ignored her own warnings about the appearance of a conflict of interest or impropriety and has chosen not to initiate the procedure leading to the appointment on her own. In light of this decision, it is left to the Senate, through the action of its Judiciary Committee, to pursue the appointment of an independent counsel. This action has been initiated by written request to the Attorney General. Under the independent counsel statute, the Attorney General has 30 days after receipt of the request to report if the preliminary investigation has begun--and the date it began--or that it will not begin. She must give her reasons for either beginning or choosing not to begin the investigation. I am confident that Attorney General Reno will heed her own words in her testimony before the Judiciary Committee and seek to avoid even the appearance of impropriety in this investigation. There is sufficient specific and credible evidence now to initiate the process now. To do otherwise or to delay action will call the Attorney General's decisionmaking process into question. That is specifically the effect that must be avoided here. There should be no appearance of impropriety in the decision of whether to appoint an independent counsel and I am confident, upon consideration, the Attorney General will see the wisdom in expediting the decision to ask for the appointment of such independent counsel. Mr. President, I yield the floor.

Mr. LOTT

Mr. LOTT. I ask unanimous consent that the Senate resume debate on that joint resolution at 1 p.m., on Monday, March 17, and that amendments may be offered beginning at 3 p.m., on Monday.

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate turn to the consideration of Calendar No. 24, Senate Joint Resolution 22, at 10 a.m., on Friday, March 14, and no amendments or motions be in order during the pendency of the joint resolution on Friday.

Mr. LOTT. Mr. President, I further ask that immediately following the vote on Senate Joint Resolution 18, which is the constitutional amendment, being debated on Tuesday--and that occurs at 2:45--the Senate resume Calendar No. 24.

Mr. LOTT

Mr. LOTT. Mr. President, I suggest the absence of a quorum.

Mr. LOTT. Mr. President, if we need additional time, we can have time tomorrow and could even have some time on Monday for debate. I am not trying to push it to an early conclusion. I just want to make sure Members are aware that when everybody feels like they have had their say, we will be prepared to set the vote, whether it is this afternoon or Tuesday.

Mr. LOTT. Will the distinguished Senator yield?

Mr. LOTT. Mr. President, today, the Senate will resume consideration of Senate Joint Resolution 18, the Hollings resolution on a constitutional amendment on campaign expenditures. It is my hope the minority leader and I can reach an agreement as to when the Senate will complete action on this resolution. I have discussed this with the Senator from South Carolina. I still think maybe there is a possibility we can get an agreement and get a vote on it tonight, but if not tonight, we will converse with the sponsor of Senate Joint Resolution 18 and see when we could get a vote on it. If not tonight, it could actually not occur until Tuesday morning. But we will discuss that and make an announcement later on today. Rollcall votes are possible throughout today's session. It is also possible that prior to completing our business this week, the Senate may be asked to consider the independent counsel resolution. The Judiciary Committee is scheduled to meet today. Hopefully, they can take some action in this area, hopefully in a bipartisan way. That would be helpful. In addition, it is my hope we will be able to reach a time agreement for consideration of the nomination of Merrick Garland to be the U.S. circuit judge for the District Circuit. I am thinking about the probability of that occurring on Tuesday, maybe Tuesday morning, with a time agreement. We had been thinking perhaps 3 hours equally divided would be sufficient, but we will need to get a final arrangement on that. We do have some Senators who want to speak on this nomination. I think a lot of the concern on this one is not so much with the nominee as with the circuit. The D.C. circuit actually has one of the lowest caseloads in the country, and it is declining. It has declined pretty perceptively, even in the last year or so. There is a question about how much need there is for additional judges on that circuit. So there will be some discussion about that. Again, I hope that rollcall vote can occur on Tuesday morning. We maybe could have done it today or Friday, but because of the constitutional amendment and other issues pending, we felt Tuesday morning would give us time to work it out. I expect the Senate to convene on Monday, but this time I do not anticipate any rollcall votes during Monday's session. I would like to note that, again, for the Democratic leader, that while we may be in session, I don't foresee at this time the need to have a recorded vote during the day on Monday. I do know there are Senators who have commitments who necessarily have to be away from the city, but we will want to have votes as soon as we can on Tuesday. Mr. President, I have no further comments at this time. I will be glad to yield the floor to the Democratic leader.

Mr. LOTT

Mr. LOTT. Mr. President, if there is no further business to come before the Senate, I now ask that the Senate stand in adjournment under the previous order.

Mr. LOTT

Mr. LOTT. Mr. President, I want to say what a great pleasure it is to have a Chaplain who puts us to bed with prayer at night, as he did last night at the Library of Congress, and gets us started off with prayer in the morning on the floor of the Senate. We appreciate him very much.

Mr. LOTT

Mr. LOTT. Thank you, Mr. President.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT. So all Members will understand there will be a vote on this issue, then, on Tuesday at 2:45. We are about ready to propound a unanimous-consent request and/or take other action if it is necessary. We have been communicating with the Democratic leader about getting some agreements entered into that could affect Monday and Tuesday and perhaps even Wednesday. So that we can have a final opportunity to consult, I suggest the absence of a quorum.

Mr. LOTT. We will have further debate on the issue?

Mr. LOTT. Mr. President, I want to thank the cooperation of the Senator from South Carolina and all the other Senators involved in this debate for their cooperation. It certainly has been a full debate and not a lot of quorum calls were taken. I believe we have entered into, now, an agreement where we will get a final vote on this on Tuesday at 2:45.

Mr. LOTT. Mr. President, I ask unanimous consent there now be a period for the transaction of morning business with Senators permitted to speak for up to 5 minutes each.

Mr. LOTT

Mr. LOTT. Mr. President, again, for the information of all Senators, the Senate will begin consideration of Senate Joint Resolution 22 on Friday, and further, no amendments would be in order during consideration of the resolution on Friday. I think it is important that we begin to express our feelings as strong as we can--hopefully in a bipartisan way--that there is a need for independent counsel. I will note that a letter has gone forward now from the majority members of the Judiciary Committee indicating the need for this independent counsel and their indication that the necessary requirements have been met under the law, so that the process should begin, and will begin as a result of this letter, of looking into the appointment of independent counsel. It is my hope that we will continue debate on the resolution on Monday. And amendments then would be in order during Monday's session. I will continue discussions with the minority leader, and hope that we will be able to reach an agreement on this very important resolution so we can complete consideration next week by Wednesday, I hope.