Trent Lott

Mr. LOTT

Mr. LOTT. In light of the objection, the Senate will conduct two back-to-back votes on cloture motions relative to this bill. I regret that there are objections. The agreement is exactly what the ranking member and the whip had indicated they would support a few days ago. But we can continue to work on this, and hopefully we can get an agreement where we can complete it tomorrow so we can go to the other issue. Until we complete this bill, everybody else will have to wait.

Mr. LOTT. Mr. President, I would object to that modification. I would say that then we would have 14 additional amendments, but crammed into 5 hours on this noncontroversial bill that is broadly supported on both sides. I don't think that is an adequate solution. We can go forward with a cloture vote, and we can continue to have debate, and we can continue to work to come to conclusion on this in a way that everybody is comfortable with. I understand Senators want to offer amendments. There are Senators who want to offer amendments on this side. I understand there are Members who want to offer amendments who want a direct vote. There are other Members who would like to second-degree them. So we have made a very complicated process out of a broadly supported, simple bill that would help education. I would object to that modification at this time. But we will continue to work to see if we can come up with something later.

Mr. LOTT. Mr. President, I see one of the cosponsors of the legislation here. Since we will have a vote momentarily, I wanted to make a statement and then propound a unanimous consent request that will help facilitate passage of this bill. My colleagues, can't we even do education flexibility--this bipartisan bill that everybody is for? I don't direct this at the Democratic leader; he is working with me and we are trying to find a reasonable solution. But it seems to escape us. I just think it is a legitimate question. Why can't we find a way to agree to education flexibility, to give this opportunity to States other than the 12 that already have it and do what is best for education at the local level? That is why I brought it up, because I thought it was broadly supported and we could do it quickly. If we can't get an agreement, we will keep working on it, debating it. But it is going to affect the rest of our schedule. It is our intent when we complete the education bill to go to missile defense, and then, if there is time, to do the supplemental, keeping in mind that the week after next, the whole week would be spent on the budget resolution. So I am concerned about our ability to come to an agreement. I thought we had a legitimate one worked out, and I want to propound that request, hoping that maybe it can still be agreed to.

Mr. LOTT. Mr. President, I ask unanimous consent that the cloture vote scheduled to occur at 2 o'clock today be vitiated and that the cloture vote scheduled for Thursday be vitiated. I further ask that all amendments pending to S. 280 other than the Jeffords substitute be withdrawn and Senator Lott be recognized to offer an amendment relative to the Individuals with Disabilities Education Act/choice and the amendments immediately be laid aside. I further ask that Senator Kennedy be recognized to offer an amendment relative to class size and that amendment be laid aside. I ask unanimous consent that Senator Lott, or his designee, have a chance to offer an amendment relative to the special education amendment, and it be immediately laid aside. I ask consent that Senator Bingaman be recognized to offer his amendment relative to dropout programs and it be laid aside. I further ask that I or my designee be allowed to offer another amendment relative to special education, IDEA, and that it be laid aside, and that Senator Boxer be recognized to offer an amendment relative to afterschool programs and that it be laid aside. I further ask that I or my designee be allowed to offer another amendment dealing with special education and that it be laid aside for a Feinstein amendment relative to social promotion, and that there be 5 hours equally divided in the usual form for debate on the eight first- degree amendments, and no additional amendments or motions be in order to S. 280, other than the motions to table. I emphasize that we are saying, basically, we have amendments by Senators Kennedy, Bingaman, Boxer, Feinstein, with amendments on this side of the aisle to match each one of those, and that we would have debate only, limited to 5 hours of debate, and so we would have an opportunity to debate and vote on those issues. Then I ask that at the conclusion of yielding back of that time, the Senate proceed to vote on or in relation to the eight pending first- degree amendments in the order in which they were offered, with the first vote limited to 15 minutes and all others after that be limited to 10 minutes, and there be 5 minutes between each vote for explanation. Finally, I ask unanimous consent that following those votes, the bill be advanced to third reading and passage occur, all without any intervening action or debate. So, we could have these issues all debated, eight amendments, then go to final passage, and we could complete it at a reasonable time tomorrow and move on to the next issue. I think this is a very fair approach. So I ask unanimous consent it be agreed to. Several Senators addressed the Chair.

Mr. LOTT

Mr. LOTT. I appreciate the Senator's attitude on this. Obviously, he has worked on it, he cares about it, and he would have liked to have it highlighted and considered individually. We were trying to craft an agreement, and the attitude he had was that he wanted to get it done; that was more important. I wish we had more Senators who were willing to make such a concession. I thank the Senator from Rhode Island for that approach.

Mr. LOTT. Mr. President, we have discussed the Reed amendment, and I believe there has been a good deal of work done on that amendment. An agreement has been worked out, and it will go into one of our amendments that will be put into the bill. So it will be included. It would not be necessary to consider it separately.

Mr. LOTT. I yield the floor.

Mr. LOTT. Mr. President, I thank Senator Daschle for his cooperation in this effort, too. We found, a few moments ago, that we were very close to an agreement, even though it might not have appeared so. I am sure Members on both sides would have liked to have done it differently, but I believe this will allow us to get to a conclusion on this bill. It has broad support. We can then move on to other very important national issues. So I thank Senator Daschle for his help in working out this modification. One last thing, and I will yield the floor. In light of the agreement, then, there would be no further votes today. The Senate will debate the amendments to S. 280 for the remainder of the session today, and up to 11 back-to-back votes will occur tomorrow morning. I hope maybe it won't be necessary to have all 11, but it could be 11, with the 10 amendments and final passage. All Senators will be notified of the exact time of the votes. I thank my colleagues for their cooperation. We did get the unanimous-consent agreement, correct?

Mr. LOTT. I thank the Senator from Alabama for yielding so we can get this consent agreement before Members change their minds. Unanimous-Consent Agreement

Mr. LOTT. Mr. President, I ask unanimous consent that the cloture vote scheduled to occur on Thursday be vitiated. I further ask that all amendments pending to S. 280 other than the Jeffords substitute be withdrawn and I be recognized to offer an amendment relative to IDEA/ choice and the amendment then be immediately laid aside. I further ask that Senator Kennedy be recognized to offer an amendment relative to class size and that amendment be laid aside. I ask unanimous consent that I or my designee be recognized to offer an amendment relative to the Individuals with Disabilities Education Act amendment and it be immediately laid aside. I ask consent that Senator Bingaman be recognized to offer his amendment relative to dropout programs and it be laid aside. I ask that myself or my designee be recognized to offer an amendment relative to the Individuals with Disability Education Act and it be laid aside and Senator Boxer be recognized to offer an amendment relative to afterschool programs, and it then be laid aside. I further ask that I or my designee be recognized to offer an amendment relative to IDEA and it be laid aside for Senator Feinstein and Dorgan to offer their amendment relative to social promotion and it be laid aside. I further ask that I or my designee be recognized to offer an another amendment relative to the Individuals with Disabilities Act and it be laid aside for Senator Wellstone to offer an amendment relative to accountability, and there then be 5 hours equally divided in the usual form for debate on these 10 first-degree amendments and no additional amendments or motions be in order to S. 280, other than motions to table. I further ask that at the conclusion or yielding back of time the Senate proceed to vote on or in relation to the 10 pending first-degree amendments in the order in which they were offered, with the first vote limited to 15 minutes, with all succeeding votes limited to 10 minutes, and there be 5 minutes between each vote for explanation. Finally, I ask unanimous consent that following these votes the bill be advanced to third reading and passage occur, all without any intervening action or debate.

Mr. LOTT. I believe they would come up in the order identified and votes would occur in that order, too. However, I presume that if there is a scheduling problem, the managers would be flexible and we could get an agreement to change that order. But that was the agreement that was asked for.

Mr. LOTT

Mr. LOTT. I belief, Mr. President, we are ready for the vote. Cloture Motion

Mr. LOTT. I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. LOTT. Mr. President, for the information of all Senators, this cloture vote, if necessary, will occur on Thursday of this week. Call of the Roll

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

Mr. LOTT. Before the Senate conducts the cloture vote and then adjourns for the day, it is my intention to file another cloture motion with respect to amendment No. 37, as modified, the Lott IDEA, special education/choice amendment. I still hold out hope that during the session tomorrow Senators will be able to agree to a small, limited number of amendments remaining to the pending education flexibility bill and that our Democratic colleagues will then allow the Senate to conduct a passage vote on this very important bill, which has broad support, which would give the rest of the country, along with 12 other States, this flexibility to allow the paperwork, bureaucracy, to be waived so we could get the education money to the schools, to the children, where it really belongs. I hate to see this delay taking place on this broad bipartisan bill. In the event that such an agreement cannot be reached, I feel the need to file another cloture motion. Cloture Motion

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

Mr. LOTT. I yield the floor, Mr. President.

Mr. LOTT. Mr. President, I ask unanimous consent that the cloture vote scheduled to occur at 4 p.m. today occur instead at 2:45 and that the time between now and 2:45 be equally divided between the chairman and the ranking member of the committee. I further ask that immediately following the vote the Senate stand in adjournment until 12 noon on Wednesday, and that the routine requests through the morning hour be agreed to, the morning hour be deemed to have expired, and the Senate proceed for 1 hour of debate to be equally divided between the chairman and ranking minority member of the committee relative to the cloture votes. I further ask unanimous consent that at 1 p.m. on Wednesday the Senate proceed to the cloture vote with respect to the Kennedy motion regarding class size, and the mandatory quorum under rule XXII be waived. I also ask that immediately following that vote, if not invoked, the Senate proceed to a cloture vote relative to the Lott amendment regarding IDEA and choice. Finally, I remind all Senators that under the provisions of rule XXII, all second-degree amendments must be filed by 12 noon on Wednesday, March 10, in order to qualify postcloture. Before the Chair rules, I just want to advise the Members that the purpose here is that staff and others be able to avoid what may be a very difficult afternoon rush hour with the snow coming down. And indications are it is probably going to increase even more. But we do want to have this cloture vote, so we will have 30 minutes equally divided for debate and then the vote, and then we will be back up with this very important bipartisan education flexibility bill on Wednesday.

Mr. LOTT

Mr. LOTT. Mr. President, I modify my pending amendment No. 37 with the text of an amendment that I now send to the desk.

Mr. LOTT. In light of the recent cloture vote, I send a cloture motion to the desk to the pending amendment No. 37.

Mr. LOTT. Mr. President, this cloture vote, then, will occur on Wednesday, March 10. Call Of The Roll

Mr. LOTT. I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. LOTT. Mr. President, I send an amendment to the desk to the pending motion to recommit and ask for its immediate consideration.

Mr. LOTT. I ask unanimous consent that reading of the amendment be dispensed with.