Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, I send a second cloture motion to the desk.

Mr. LOTT. Mr. President, I send a cloture motion to the pending substitute to the desk.

Mr. LOTT. If we get these agreements worked out and in order to accommodate the time that has been requested for the D.C./Labor-HHS appropriations bill, then there will not be any recorded votes on Monday. The next recorded vote will be, I presume, at 10 o'clock on Tuesday, which is the D.C./Labor-HHS-Education appropriations bill, and then hopefully sometime in short order after that, we go to votes on the two cloture motions.

Mr. LOTT. I believe it is going to be acceptable. I have not cleared it completely on our side. I just had an opportunity to read over it in the form on which our staffs worked. I see a couple of little problems that are really clerical in terms of how the three amendments would be handled. The way I read it, it looks as if there could be as many as 12 amendments, but really what we are talking about is 3 and 3, side by side. Once that is clarified, unless there is something else I see that is a problem, I think we can get this done.

Mr. LOTT. Mr. President, having witnessed the vote earlier today, I am very concerned about our ability to complete action on the African and Caribbean Basin Initiative free trade legislation. This is important legislation. I believe it is good for the United States. It will be good for Central America, the Caribbean, and Africa. This bill is supported by Senators on both sides of the aisle and by the President. I understand that maybe some Senator or Senators have gotten the idea, since we did not get cloture today, that was the end of it and this bill would just be set aside permanently. We are still very hopeful we can find a way to get this job done. We have a problem in that it takes a lot of time to get through the cloture motions and complete it, but I have not given up yet. I am going to file cloture on the pending substitute, and if cloture is not invoked on Tuesday, we will have to move on to other issues. I emphasize I am filing two cloture motions, so we can hopefully get cloture on the substitute and on the bill itself and allow us to get to the substance, have amendments that are important, and bring it to a conclusion. As a part of all this, I emphasize that Senator Daschle and I are working on an apparently unrelated issue but one that is related in fact, and that is an agreement as to how we can handle the bankruptcy bill and allow amendments, amendments that relate to bankruptcy, the credit cards issue, but also would have a number of agreed-to, nonrelevant amendments that would be in order. I hope we can get that worked out. We are getting very close. That would relieve some of the pressure in opposition, and if we can get both bills done, it will be a monumental achievement, if we can go out this session having done the free trade bill for the Caribbean Basin Initiative and Africa and a bankruptcy bill that allows votes on which the Senate has indicated it wants to vote. Cloture Motion

Mr. LOTT. I call for regular order with regard to the trade bill.

Mr. LOTT

Mr. LOTT. I will be glad to yield to Senator Reid.

Mr. LOTT

Mr. LOTT. Mr. President, I agree with that. I might say that there are some permanent provisions in the House Ways and Means version of this bill. They would make permanent the extender with regard to the alternative minimum tax and how it affects the low- and middle-income people and others. Also, I have a bill at the desk to express my strong feeling on this subject that would make the R&D tax credit permanent. I think to come back every year, 2 years, or even every 5 years, causes concern and insecurity with regard to those tax credits. I hope we will make it either permanent, or as long as possible, in the conference. I know there is at least one Senator who has provisions he hopes will be considered in the conference, and I think they should be. On our side, I have one Senator who feels very strongly that there are three parts of this bill that affect permanent law, which is not extenders. I agree. I think those permanent law issues should be dealt with by the regular committees. One has to do with brownfields, one with a rum provision, maybe in the Virgin Islands--not that you might want to be for them; I am just questioning whether or not they should be in a bill that is supposed to be tax credit extenders. We have other good provisions in here, a welfare-to-work tax credit, and others. So I am glad we are going to get this done before we leave. I thank Senators for the cooperation on both sides.

Mr. LOTT

Mr. LOTT. Will the Senator from Arkansas allow me to proceed briefly with a unanimous consent request?

Mr. LOTT

Mr. LOTT. Not at this time, although it is my intent, before we go out, to take whatever action is necessary to try to get on to the substance of this bill. But in view of the other things that are pending, Labor-HHS Appropriations conference report, the trade bill, and, hopefully, bankruptcy, I am not going to file that today.

Mr. LOTT. Under this request, they would have 10 minutes. If they need additional time, I don't think anybody is going to object.

Mr. LOTT

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 10 minutes each.

Mr. LOTT

Mr. LOTT. No, I will not agree to that. I should point out there are some 27 nominations--25 nominations plus 2 more on which I was going to ask for agreement on a time limit and a vote, the nomination of Linda Morgan to be a member of the Surface Transportation Board--her nomination has been held up quite sometime, but I have agreement now to proceed to a recorded vote on that one, and also No. 271, the nomination of Ronald Gould of Washington to be a U.S. judge for the Ninth Circuit. We need to request 1 hour of debate and a recorded vote. There are a total of 27 nominations here, including 2 that will have to have a recorded vote. It is a package. They all go or none go.

Mr. LOTT. Mr. President, if I can be heard briefly on that. I want to emphasize this is a very large package of 27 nominations. Most of them are people who are supported by Democrats, I guess 23, 24, 25 of those. There are two or three that are Republican positions. One of them is for the Tennessee Valley Authority, which I presume is being objected to for an unrelated reason because, clearly, there is no problem with this nominee. I will be back early next week with additional nominations that will run this package up to, I presume, between 34 and 40 nominations. All I can do is get them cleared and then offer them to the Democrats. If they object, then that is their problem. I should also note that included in this group was not one, not two, but three judges, two of them women. One of the women is from California and one of them is from Texas. So for one 6-year appointment--I believe it is a 6-year term--to the Tennessee Valley Authority where there is a need for these two directors, they are willing to hold up 27 nominations, including two women nominated to U.S. district courts. That is not real smart. I do not quite understand it, and I hope the leadership and the President will speak to those who object in this way because I have heard all kinds of rhetoric today about how it is difficult if you are a woman or minority to get your nomination approved. In fact, I believe the record will show over the last 3 years this Congress and the previous Congress has confirmed a higher percentage of women and minorities than any Congress in history. I do note it is pretty hard to go back and look at all the nominations and determine exactly how many minorities were approved because there is no record. We do not check whether you are a minority--African American or Hispanic or Asian. You are a person. All we can tell by your name is if you are a man or woman. Based on just the gender statistic, in fact, since I have been majority leader, I believe the record will show we have approved a lot more women than George Mitchell did when he was majority leader. These accusations that were made today ring hollow. I hate to see the Senate stoop to that level. I met with White House officials today and told them we were going to try to clear these 27 nominations, and we will keep trying to move them all. I do not think it is reasonable to try to hold up one 6-year-term nominee to try to get two lifetime nominees to the Ninth Circuit Court of Appeals, a circuit that already has too many activist judges in it, a circuit that is the most liberal in this country, a circuit that is overruled more than any other circuit in the country by the Supreme Court, a circuit basically that is out of control. The nominees for these two positions have given rise to a great deal of controversy, to serious questions about whether they would be activists on the court, and to grave concerns about their records. I understand the objection, and hopefully we can clear it up early tomorrow or next week. I yield the floor. Several Senators addressed the Chair.

Mr. LOTT. I ask unanimous consent the Senate immediately proceed to executive session to consider the following nominations on the Executive Calendar: No. 98, Cheryl Shavers, to be Under Secretary of Commerce for Technology; No. 99, Kelly Carnes, to be Assistant Secretary of Commerce for Technology Policy; No. 133, Lawrence Harrington, to serve on the Inter-American Development Bank; Nos. 244, 245, and 246, three Mississippi River Commissioners; No. 253, Thomas Leary, to be a Federal Trade Commissioner; No. 254, Stephen Van Beek, to be Associate Deputy Secretary of Transportation; No. 255, Michael Frazier, for the position of Assistant Secretary of Transportation; No. 256, Gregory Rohde, to be Assistant Secretary of Commerce for Communications; No. 270, Florence- Marie Cooper, to be a U.S. district judge in the Central District of California; No. 274, Barbara Lynn, to be a U.S. district judge for the Northern District of Texas; No. 277, Gerald Poje, to serve on the Chemical Safety and Hazard Investigation Board; No. 278, Skila Harris, to be on the TVA Board of Directors; No. 279, Glenn McCullough, to be on the TVA Board of Directors; No. 238, Dorian Vanessa Weaver, for the Export-Import Bank; and No. 239, Dan Renberg, to be on the Export- Import Bank; and then Nos. 281 through 290, ten sentencing commissioners; and No. 293, Paul Seave, to be U.S. Attorney for the Eastern District of California.

Mr. LOTT. Mr. President, I inquire of the Senator, is that Glenn McCullough of Mississippi, my home State, to be a member of the Tennessee Valley Authority board of directors?

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent the Senate now proceed to the consideration of H.J. Res. 73, the continuing resolution, which is at the desk. I further ask consent the joint resolution be read a third time and passed and the motion to reconsider be laid upon the table.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Subcommittee on Emerging Threats and Capabilities of the Committee on Armed Services be authorized to meet at 2:00 p.m. on Wednesday, October 27, 1999, in open and closed sessions, to receive testimony on the agricultural biological weapons threat to the United States.

Mr. LOTT. Mr. President, the Committee on the Judiciary Subcommittee on Criminal Justice Oversight requests unanimous consent to conduct a hearing on Wednesday, October 27, 1999 beginning at 2:30 p.m. in Dirksen Room 226.

Mr. LOTT. Mr. President, the Committee on the Judiciary requests unanimous consent to conduct a hearing on Wednesday, October 27, 1999 beginning at 10:00 a.m. in Dirksen Room 226.

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate Committee on Indian Affairs be authorized to meet during the session of the Senate on Wednesday, October 27, 1999 at 9:00 a.m. to mark up pending legislation to be followed by a hearing on the Elementary and Secondary Education Act Reauthorization (ESEA). The meeting/hearing will be held in room 485, Russell Senate Building.

Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, October 27, 1999 at 10:30 am and 3:00 pm to hold two hearings.

Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be granted permission to meet during the session of the Senate on Wednesday, October 27, for purposes of conducting a Full Committee business meeting which is scheduled to begin at 9:30 a.m. The purpose of this business meeting is to consider pending calendar business.

Mr. LOTT

Mr. LOTT. Let me say in answer to the Senator's comments, I have learned from past experience that you should never say exactly what you are going to do until you have seen the details of an amendment or a bill because it could be different or it could be something that, in the end, you find would be acceptable. I have a suspicion I might not use that approach, but I had to reserve final judgment until I saw its content. I yield the floor.

Mr. LOTT. Mr. President, I think it is unfortunate we have to take this step. I have discussed it with the Democratic leader. Let me emphasize he did not agree with this at all, but we did discuss our situation and our mutual concerns and our mutual desires to try to find a way to move this trade legislation forward. Filling up the tree is not a new practice. It is one I haven't used, I don't think, this year--maybe once. It is a practice that has been used in the past by majority leaders when it is necessary to try to get to a conclusion. I do not know exactly when our adjournment for the year will come, but it is obvious we do not have a lot of time left. We do have some other issues we would like to have a chance to consider. Again, that is on both sides of the aisle. The cloture motion vote will occur on Friday, October 29. I will notify all Members of the exact time, after consultation with the Democratic leader. In the meantime, I ask consent the mandatory quorum under rule XXII be waived.