Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, I know Senators are anxious to get an agreement on how we proceed at this point. Once again, I thank the Democratic leader for his work with us as we develop these unanimous consents. It is next to impossible to accommodate every Senator's wishes. My goal is to try to find a way to get this work completed in as reasonable a time as possible. I think this will help us get that done. With regard to the legislation before the Senate, I ask consent that the time between now and 10 p.m. be equally divided in the usual form between the two leaders, and the following amendments be debated for up to 10 minutes, equally divided, in the following order: the Kerry amendment regarding housing; Santorum regarding community renewal; Harkin on Social Security; Roth on retirement; Wellstone-Dodd on child care adoption tax credit; Bayh on long-term care, self-employed health care; Lott on ESAs, et cetera; Feingold amendment on $100 million cap; and the final motion to recommit by myself. I further ask consent at 9 a.m. on Friday the Senate proceed to a series of votes in relation to the above-listed amendments in the order offered, with 2 minutes of debate equally divided for each amendment prior to each vote.

Mr. LOTT. I think those are reasonable requests, so I modify my request, No. 1, to move the Wellstone-Dodd amendment in order after Santorum and before the Harkin amendment; and that the 2 minutes of debate equally divided be deleted.

Mr. LOTT. It is 10 minutes equally divided, not 20 minutes.

Mr. LOTT. I, too, make the point that brevity, succinctness, and targeted debate is very persuasive.

Mr. LOTT. It would be much more likely.

Mr. LOTT. Mr. President, with regard to reconciliation and the marriage penalty tax issue, there is an awful lot of interest in that matter in how we proceed tomorrow. We will have a series of stacked votes tomorrow morning, possibly as many as nine. But I believe we can get through it in a reasonably short period of time--hopefully 2 hours. If Senators will come to the floor for the first vote and stay on the floor, we can move much more quickly and we will be able to be completed with that series, I hope, by 11 o'clock, on the marriage penalty. Unanimous Consent Agreement H.R. 4810 I now ask unanimous consent, notwithstanding any provisions governing the reconciliation budget process, that immediately following the passage of H.R. 8 on Friday, July 14, the Senate turn to consideration of H.R. 4810, the reconciliation bill, and the Senate bill be offered as an amendment and immediately be agreed to and considered as original text for the purpose of further amendments, and the following amendments be the only first-degree amendments in order, and limited to all the restraints outlined in the budget resolution, except that each amendment be limited to up to 30 minutes each with 20 minutes for any second-degree amendment. Those amendments are as follows. I send to the desk the amendments that have been requested by Republican Members and Democratic Members. The list is as follows: Grams--Social Security. B. Smith--Internet Tax. B. Smith--Marriage penalty. B. Smith--Relevant. B. Smith--Relevant to anything on the list. Coverdell--Relevant. Murkoswki--Relevant. Stevens--Sec. 415. Stevens--Income averaging fishermen. Stevens--Empty seat. Stevens--Whaling captains deductions. Stevens--Permanent diesel dye exemptions. Stevens--Settlement trust. Lott--Relevant to anything on the list. Lott--Relevant to anything on the list. Gramm--Relevant. Gramm--Relevant. Burns--Installment sales. Roth--Sunset. Abraham--Relevant. Cleland--Savings Bond exemption long term care. Cleland--Extend deduction computer donations. Conrad--Medicare Social Security lockbox. Daschle--Pay equity. Daschle--Pay equity. Daschle--Pay equity. Daschle--Relevant. Daschle--Relevant to anything. Daschle--Relevant to anything. Dodd--Child care. Dorgan--Tax related. Durbin--100% deductibility--self employed. Durbin--Tax credit for small business. Feingold--Medicare and Social Security solvency. Feingold--Expansion of standard deduction. Feingold--COBRO and percentage depletion allowance. Feinstein--Paycheck fairness. Hollings--Relevant. Kennedy--Prescription drugs. Kennedy--Health care--marriage penalty. Kennedy--Equal pay. Kohl--Child care tax credit. Lautenberg--High speed rail tax credit. Moynihan--Substitute. Robb--Relevant. Schumer--Tuition tax (with Biden and Snowe). Torricelli--ALS. Torricelli--Lead (with Reed). Torricelli--Incresing deduction for casualty losses. Torricelli--Marriage penalty for individuals suffering casualty losses. Wellstone--Moratorium on Medicare cuts. Wellstone--EITC expansion. Reid--Relevant to anything. Reid--Relevant. Harkin--Relevant. Harkin--Medicare.

Mr. LOTT. I further ask unanimous consent that all amendments be debated during Friday or Saturday's session of the Senate, and those amendments, both first- and second-degree amendments, may be laid aside for other amendments to be offered as deemed necessary by either leader. I further ask consent that the votes ordered with respect to the amendments occur in a stacked sequence beginning at 6:15 p.m. on Monday, July 17, with 2 minutes prior to each vote for explanation, if it is requested of course, and all votes after the first vote in the sequence be limited to 10 minutes each.

Mr. LOTT. In light of this agreement then, Mr. President, there will be no further votes tonight. The next votes will occur at 9 a.m. on Friday in stacked sequence, with 9 or 10 back-to-back votes that could be required. I hope Senators will consider the possibility of not offering their amendments or agreeing to a voice vote, if there is any way possible to accommodate other Senators, so the sequence won't go on longer than a couple of hours. Following those stacked votes on Friday, Members who have amendments to reconciliation and marriage penalty tax will have to stay around to offer and debate them. It can take up to as long as 20 hours. Senators who have amendments on these lists, if they want to offer them, need to be here to offer them and they need to make their case because there will not be an opportunity, other than the 2 minutes equally divided, to talk about the specifics on Monday night. So these votes will be stacked in sequence at 6:15 on Monday, July 17. I thank again all my colleagues for their cooperation. I know this does not meet everybody's scheduling desires. I had actually hoped to be able to finish the marriage penalty tax tomorrow night or Saturday, but this agreement allows us to get it done, I think, in an efficient way, have it completed on Monday night, complete the Interior appropriations bill on Tuesday morning, and be prepared to go to the next appropriations bill after that. I thank all Senators for their willingness to help us work through this. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to H.R. 8 at the conclusion of morning votes on Thursday and it be considered under the following agreement: That there be up to 10 amendments for each leader, with one of the 10 amendments for the minority leader described as the ``Democratic alternative''; That no more than 20 amendments be in order, they be first-degree amendments only and limited to 40 minutes equally divided in the usual form, with the exception of the Democratic alternative, which would be limited to 2 hours equally divided, and an additional 90 minutes for each leader to be used at their discretion. I further ask unanimous consent that following disposition of the amendments, the bill be advanced to third reading and passage occur, all without any intervening action or debate. I finally ask unanimous consent that either leader be able to make this agreement null and void at any time during the consideration of this bill.

Mr. LOTT. Mr. President, this has been very delicately developed with a lot of careful consideration and very aggressive work with our colleagues on both sides of the aisle. I know Senator Daschle has Senators who have tax amendments they would like to offer. I should emphasis that this is not the last effort to try to make our Tax Code fairer this year. We will have the reconciliation bill that will involve marriage penalty tax elimination, and obviously tax amendments would be offered in that area. We still have legislation that would eliminate the Spanish American telephone tax, which we probably can't get to until the first of September. But it is something we should eliminate. Obviously, there will be an opportunity for additional tax-related amendments to be offered to these two. There may be a number of amendments on both sides that Senators would like to offer that maybe cannot be included in this type of agreement. But this is not the last train out of Dodge, thank goodness. We will have other opportunities to develop a fairer Tax Code, and Senators will have an opportunity on both sides to offer amendments. I thank Senator Daschle for his effort. I did not want us to just get to a cloture vote which might or might not pass. But if it failed, we would get no result. I think the death tax needs to be eliminated. It needs to be phased out. There may be some modifications in the bill as we go forward. But a result is what we should always seek for the American people--not just a show vote. This could get us to that point. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, today I have the pleasure to announce that another freshman has achieved the 100-hour mark as presiding officer. Senator Peter Fitzgerald is the latest recipient of the Senate's Golden Gavel Award. Since the 1960's, the Senate has recognized those members who preside over the Senate for 100 hours with the Golden Gavel. This award continues to represent our appreciation for the time these dedicated Senators contribute to presiding over the U.S. Senate--a privileged and important duty. On behalf of the Senate, I extend our sincere appreciation to Senator Fitzgerald for presiding during the 106th Congress.

Mr. LOTT

Mr. LOTT. Mr. President, today the Senate will be in a period of morning business until 10:15. Following morning business, a cloture vote will occur on the motion to proceed to H.R. 8, the Death Tax Elimination Act. vote I ask unanimous consent that the vote occur at 10:15 this morning.

Mr. LOTT. If cloture is invoked, the Senate will continue postcloture debate on the motion to proceed. The Senate may also resume consideration of the Interior appropriations bill in an effort to make further progress on that important piece of legislation. It is the intention of the managers of the Interior appropriations bill to lock up a filing deadline for first-degree amendments during today's session. Senators should expect votes each day this week. Also, we will have late nights to have debate on amendments on the Defense authorization bill with votes on amendments, if necessary, occurring the following morning. I have been assured by the managers of that legislation, Senator Warner and Senator Levin, that we will be working tonight and we probably will have some votes the first thing in the morning on the bill. I regret that we have to have a vote on the motion to proceed. A good faith effort has been made to work out an agreement on a limited number of amendments, but we have not been able to come to an agreement on that. It is important that we get to the substance of this legislation--the elimination of the death tax. It is high time we take action on this unfortunate tax provision that has been on the tax rolls since Theodore Roosevelt was President. I know from personal experience that it is having a very devastating effect on small businesses, family farms, and homesteads. I have come across members of families in tears in my own State on finding they had to sell their small business or their farm that has been in the family sometimes for two or three generations because they had to pay this most unfair death tax. Many commentators seem perplexed, trying to understand why this legislation would have received such overwhelming support in the House of Representatives with an almost unanimous vote among the Republicans and 65 Democrats, from all regions, backgrounds, races, sex, and everything else. They can't understand why it got this very outstanding vote. The answer is really very simple. First of all, all of us would like to be able to have an estate of some value when we reach the end of our role. We would like to be able to pass it on to our children for the next generation. The idea that the Federal Government would come and reach into the grave and pull back 40, 45, 50, or 55 percent of a life's work offends the American people regardless of financial status. It is a basically and patently unfair tax provision. I am pleased we are going to move forward this week to get a vote. Of course, we will have to have a vote on cloture so that there won't be an extended series of unrelated, nongermane amendments or filibusters. But I hope we will get that vote. Then we will get to final vote on the substance. It is long overdue. I commend the chairman of the committee, Chairman Roth, and the ranking member, Senator Moynihan, for allowing this legislation to come to the floor today for a vote. Also, again I must express my admiration for the way the House handled this matter. I understand there will be a period for morning business. Senators are here prepared to speak on the substance of the legislation. I yield the floor.

Mr. LOTT

Mr. LOTT. I withhold my unanimous consent request at this time. I apologize for interrupting speakers. If Senator Reid can make this call and we can renew this request momentarily, I would like to do it. I need to go to a retirement event for Senators and House Members. Hopefully, we can complete this momentarily. I yield the floor.

Mr. LOTT. I apologize.

Mr. LOTT. Mr. President, I renew my unanimous consent request.

Mr. LOTT. Mr. President, will the Senator yield?

Mr. LOTT. I apologize for the interruption, but I was going to make an inquiry about the time schedule. I heard the Senator indicate he had 1 hour under an agreement. Are there other time agreements that have been entered into on each side? Under the rule, you can get up to an hour. So we never got a time limitation? Then, also, I believe earlier we had indicated we would go to the Department of Defense authorization bill tonight between 6:30 but not later than 7 o'clock. Has there been any agreement with regard to that?

Mr. LOTT. I thank the Senator for yielding so that I could get some feel for the time. I will discuss it with the leadership on the other side. I still hope that while we have had debate on both sides today, for the most part on the death tax issue, we would still be able to keep our verbal commitment to Senator Warner and Senator Levin that not later than 7 o'clock tonight we will go to the DOD authorization bill and see if we can make some progress on that. Again, I appreciate the Senator for allowing me to interrupt him to get a clarification on that. I thank the Senator.

Mr. LOTT. Mr. President, I modify it to say that there will be 2 hours prior to 11:30 a.m., with 2 minutes equally divided before votes to be equally divided as we go to H.R. 8.

Mr. LOTT. Mr. President, will the Senator yield?

Mr. LOTT. I thank the Senator from Illinois for yielding this time for a unanimous consent request. Interior Appropriations Amendments Mr. President, I ask unanimous consent that the following amendments be the only first-degree amendments in order to the Interior appropriations bill and subject to relevant second-degree amendments. Those amendments are as follows: B. Smith, Relevant; B. Smith, Relevant; Snowe, Relevant; Snowe, Relevant; Gramm, Relevant; Helms, Relevant; Abraham, Gas tax; Inhofe, NEA; Collins, Salmon; Collins, SPRO authority; Ashcroft, Methamphetamine Lab cleanup; Sessions, Rosa Parks Library; Sessions, Bonsecor Wild Life Refuge; Sessions, Indian gambling; Roth, Lewis Maritime Museum; Crapo, Back country air stripes; Brownback, Historic markers; Thomas, Funding for payment in lieu of taxes; Warner, Louis & Clark expedition bicentennial celebration; Warner, Fish and Wildlife land purchase; Grams, Windstorm expenses; Hatch, Four corners monument; Gorton, Technical; Gorton, Technical; Gorton, Relevant; Gorton, Relevant; Gorton, Relevant; Gorton, Relevant; Gorton, Relevant; Craig, Roadless area rule making; Domenici, Hazardous fuels reduction; Domenici; Forest Service operations; Domenici, New Mexico water; Domenici, Park Service construction; Grassley, Management of Mississippi River Island; Grassley, Fish and Wildlife land exchange; Grassley, Mississippi River Island land exchange; Stevens, Relevant; Stevens, Relevant; Stevens, Direct conveyance of homestead to Dick Redmon; Stevens, Direct payment to city of Cray; Stevens, Accrual of interest on escrow; Stevens, Subsistence dollars to Alaska Stevens, Modify Weatherization Program; Lott, Relevant to any on list; Baucus, Forest Service funding; Baucus, relevant; Baucus, relevant; Bingaman, Hazardous fuels; Bingaman, Four Corners (w/Hatch); Boxer, Pesticide use in National Parks; Breaux/Landrieu Cane River National Heritage area; Bryan, Timber Sales; Bryan, Forest Service land conveyance; Bryd, Manager's amendment; Bryd, DoE reprograming; Bryd, Relevant to any on the list; Conrad, Relevant; Conrad, Relevant; Daschle, Funds for United Sioux Tribes; Daschle, Relevant to any on the list; Dodd, Relevant; Dorgan, Relevant; Dorgan, Relevant; Dorgan, Relevant; Durbin, Strike section 116 grazing permits; Durbin, Wildlife Refugee in Kankakee River Basin; Edwards, Land acquisition; Edwards, USGS flood gauges; Edwards, Drug control on public lands; Edwards, Crime control on public lands; Edwards, Relevant; Feingold, Relevant; Feingold, Relevant; Feingold, Relevant; Feingold, Relevant; Feingold, Relevant; Feinstein, Sequoia National Monument; Feinstein, Relevant; Johnson, Relevant; Johnson, Relevant; Johnson, Relevant; Kerrey, Relevant; Kerry, American Rivers--Sec. 326; Landrieu, National Center for Technology and Training; Landrieu, Oakland Cemetery funding; Levin, Land acquisition, NPS; Levin, NPS operations; Lieberman, Northeast Home Heating Oil; Reed, NEA; Reed, Weatherization; Reid, Relevant to any on list; Torricelli-Reed, Urban parks; and, Wellstone, #3772 Minnesota Forest;

Mr. LOTT. Mr. President, I ask unanimous consent that no later than 6:30 p.m. tonight, notwithstanding rule XXII, the Senate resume consideration of the Department of Defense authorization bill. I further ask unanimous consent that any votes ordered with respect to the amendments offered and debated tonight occur beginning at 11:30 a.m. on Wednesday, with no second-degree amendments in order, where applicable, and 2 minutes prior to each vote for explanation, and that there be 2 hours prior to the 11:30 a.m. votes to be equally divided prior to proceeding to H.R. 8. To sum up, we would complete the remaining debate time between now and 6:30 on the death tax issue. Then we would go to the Department of Defense authorization bill for debate on amendments tonight. Those votes on amendments, if any are required, would occur at 11:30. When we come in at 9:30 tomorrow, we would have 2 more hours for debate time on the estate tax/death tax issue with no second degrees in order, and there will be 2 minutes prior to each recorded vote at 11:30, prior to the vote.

Mr. LOTT. Prior to the agreeing to the amendments, to proceed, which could be done.

Mr. LOTT

Mr. LOTT. I believe sort of the gentlemen's agreement we were talking about last week was that we would start at about 6:30 or 7 o'clock, but not later than 7, and hopefully as early as 6:30 tomorrow night, possibly even Wednesday night. Thursday night is not likely. So then you might have to look at next Monday night for the third night, if a third night in fact is used. There is a possibility we will reach a moment of lull or we will see an hour or two coming sometime during the day, and we will call quickly and ask for the managers to come over and do some of their work.