Trent Lott

Mr. LOTT

Mr. LOTT. Thank you, Mr. Chief Justice. Order of Procedure

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 a.m. on Saturday, January 23, and that the Senate then immediately resume consideration of the articles of impeachment. I further ask unanimous consent that following Saturday's proceedings, the Senate stand in adjournment until 1 p.m. on Monday to then resume consideration of the articles of impeachment.

Mr. LOTT

Mr. LOTT. I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 28 which would change the words ``Handicapped individuals'' to ``Individuals with disabilities'' in Rule XXV. I further ask consent the resolution be agreed to and the motion to reconsider be laid upon the table.

Mr. LOTT. That concludes our regular business.

Mr. LOTT

Mr. LOTT. Mr. President, as the 106th Congress begins its legislative process this week, I want to first take a moment and recognize a very special Mississippian. We have all heard stories about individuals who give generously or leave the bulk of their estates to causes and charities that are dear to them. This story is yet another example that the kindred American spirit is alive and well. Mr. Phillip Cunningham of Tupelo worked hard all his life, doing what he loved to do best--gardening. His profession provided a modest living, but most certainly a rewarding one. Working with his hands in the garden was very important to Mr. Cunningham who, for over 25 years, was a personal gardener for a local Tupelo family, Bill and Doyce Deas. In his ``spare'' time, he was caretaker for the school district. ``I've always been interested in growing things'' was his personal motto. Over the years, Mr. Cunningham accumulated savings. He recognized that a college education is important, and wanted others who shared his calling to have the chance to cultivate their green thumbs. This unselfish commitment led to the ultimate establishment of an endowed scholarship fund bearing his name--the Cunningham Scholarship Fund--to do just that. His gift of $38,000 will support students at Mississippi State University majoring in lawn-care related fields. Here was a modest man who made a significant contribution. Not only was this 85-year-old a skilled gardener with, as some affectionately would say, ``the midas touch'', but also a dear friend. According to Mrs. Deas, he was ``part of the family and a wonderful role model to our children. He enriched our lives in many ways.'' In fact, Mrs. Deas' late father's foundation, the L.D. Hancock Foundation, will match the generous gift. Mr. President, I thank my colleagues for letting me share this inspiring story and pay tribute to this fine gentleman. The landscapes he worked on will ``bear fruit'' for years to come, and so will the students who benefit from his scholarship. They, too, will blossom.

Mr. LOTT

Mr. LOTT. Mr. President, I rise to congratulate Gus Owen, the immediate past Vice Chairman of the Surface Transportation Board (STB), for his outstanding service to the nation. Gus Owen completed his term of service on the STB on December 31, 1998, after more than four years of public service. It is most fitting that we recognize Mr. Owen's service because he met the challenge at a critical time in the history of railroad regulation. As the last Commissioner sworn in to serve on the Interstate Commerce Commission, Mr. Owen was instrumental in shaping the direction of the STB, the ICC's successor. Mr. Owen's vision of a more streamlined deregulated transportation industry is reflected in his many accomplishments while serving on the ICC and the STB. As the 104th Congress began consideration of overhauling Government oversight of the surface transportation industry, Mr. Owen prepared a ``Blueprint for Further Deregulation of the Surface Transportation Industry.'' This plan contained a 34-point analysis of the industry that endorsed market-based solutions over government regulation. Much of Mr. Owen's plan served as a basis for the ICC Termination Act of 1995, which authorized the replacement of the ICC with the more streamlined STB. In his capacity as STB Member, Mr. Owen reviewed and voted on cases involving complicated antitrust, service, competition, environment, and labor issues, including the three largest railroad mergers in the history of the United States. These were the 1995 Burlington Northern- Santa Fe merger, the 1996 Union Pacific-Southern Pacific merger, and the 1998 CSX-Norfolk Southern-Conrail merger. Mr. Owen's insight, judgment, and expertise were key to the Board's successful adjudication of these incredibly complex cases. Gus Owen has returned to the private sector and his family in California after an extremely successful four years of public service. The Nation has lost a talented, pragmatic, and respected STB Member, whose work with the transportation industry will have a significant and beneficial impact on that industry and our economy. We take pride in his record and wish him well in his return to private life.

Mr. LOTT

Mr. LOTT. I ask unanimous consent, notwithstanding the consideration of articles, that it be in order at this time to conduct several routine legislative matters.

Mr. LOTT

Mr. LOTT. Mr. President, today the Senate loses another member of it's family to retirement. Tom Pellikaan began his Senate Career on June 1, 1963. After over 35 years of service, today he will end his lengthy and productive career by retiring to his country home in Culpeper, VA. Tom began working in the Senate as the Senate press liaison. In 1977 he began work in the Office of Daily Digest, where he has served as editor since 1989. I would note that there are only four original Senators serving in this body since Tom began working in the U.S. Senate. I know I speak for all Senators in thanking Tom for his loyal service to this institution and we wish him all the best as he tends to his horses at Brookhill Farm. I close by saying although Tom may be departing our Senate family today, we know he will always be a part of this institution and we look forward to his visits.

Mr. LOTT

Mr. LOTT. I move the Senate stand in adjournment under the previous order.

Mr. LOTT

Mr. LOTT. Mr. Chief Justice, there are three bills at the desk. I ask the bills be considered read the first time. I further ask the bills be read a second time en bloc, and I object to my own request.

Mr. LOTT. The bills will be read a second time on the next legislative date, as I understand it.

Mr. LOTT

Mr. LOTT. Mr. Chief Justice, I believe that that concludes the White House presentation. I remind all Senators that we will reconvene tomorrow beginning at 1 p.m. On Friday, under the provisions of Senate Resolution 16, we will begin the question and answer period for not to exceed 16 hours. The majority will begin the questioning, and as we go forward in that process, we will alternate back and forth across the aisle. I have discussed this proposition, obviously, with Senator Daschle, and we have discussed it in our conferences. We looked at a number of other alternatives, but we thought that this would be a fair way to proceed, that we would begin from this side with a Senator who will be named, and go to the other side, back and forth. We think this provides fairness and I hope all Members will entrust the Chief Justice to be fair during this portion of the deliberations, and for the managers and counsel to, of course, be succinct in their answers and respond to the question that is actually asked. At this time I would anticipate approximately 5 hours of questions and answers being used tomorrow, Friday. We would then reconvene on Saturday at 10 a.m., and again resume questioning, alternating back and forth. We have not set any definite time for Saturday. We will need to see how the questions go. We don't really know whether we will need 5 hours or 10 hours or the full 16. But if we reach a point on Saturday where we need to conclude the day's proceedings and we feel there are still more questions that would need to be asked, then after communication on both sides of the aisle we would decide how to go forward. It is my hope that we can complete this questioning period during the day Friday and Saturday and conclude it Saturday. I hope the Senators will be thoughtful in their questions. They must be in writing. Please be brief with your written presentation. Dissertations would not be appreciated in writing at this point. And we will do our best, Mr. Chief Justice, to deal with the question of repetition or redundancy, and try to have some process that Senator Daschle and I will use to get the Senators' questions to the Chief Justice. I thank all Senators for their attention during the past 2 weeks, both in the presentation of the case by the House managers and the presentation by the White House counsel. Obviously, the Senators have been here, attentive. We have listened. I think we have learned a great deal, and I appreciate the way the Senate has conducted itself. (The following notices of intent were received on Wednesday, January 20, 1999:) Notice of Intent To Suspend the Rules of the Senate by Senators Harkin and Wellstone In accordance to Rule V of the Standing Rules of the Senate, I (for myself and for Mr. Wellstone) hereby give notice in writing that it is my intention to move to suspend the following portions of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials in regard to debate by Senators on any motion to dismiss, any motion to subpoena witnesses and/or to present any evidence not in the record during the trial of President William Jefferson Clinton: (1) The phrase ``without debate'' in Rule VII; (2) the following portion of Rule XX: ``, unless the Senate directs shall direct the doors to be closed while deliberating upon its decisions. A motion to close the doors may be acted upon without objection, or, if objection is heard, the motion shall be voted on without debate by the yeas and nays, which shall be entered on the record''; and (3) In Rule XXIV, the phrase ``without debate'', ``except when the doors shall be closed for deliberation, and in that case'' and ``, to be had without debate''.

Mr. LOTT. Thank you, Mr. Chief Justice. I believe the Senate is prepared now to hear the final presentation to be made by White House counsel, and at the conclusion of that, I will have a brief wrapup, a statement to make about how we hope to proceed on Friday and generally on Saturday. I will do that at the close of this presentation. I yield the floor, Mr. Chief Justice.

Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that we recess the proceedings for 15 minutes, but that Senators be prepared to resume at 5 minutes after 4, because we have to hear the eloquence of one of our former colleagues.

Mr. LOTT. Mr. Chief Justice, I believe the Senate is ready to proceed now with the presentation by Counsel Kendall.

Mr. LOTT. I would, then, ask unanimous consent we have a temporary recess for 15 minutes.

Mr. LOTT. Mr. Chief Justice, Mr. Kendall, indicating that he is about halfway through his presentation----

Mr. LOTT. I believe we are prepared for the concluding presentation by the White House counsel. I yield the floor, Mr. Chief Justice.

Mr. LOTT

Mr. LOTT. Thank you, Mr. Chief Justice. Order of Procedure

Mr. LOTT. Today, we will conclude the presentation of the White House counsel. I understand that the presentation will last approximately 4\1/2\ hours. As we have done previously, we will take periodic breaks throughout the proceedings, with the first one coming in approximately 1 hour and 15 minutes. I believe that will be approximately midway in the presentation of Mr. Counsel Kendall. Then we would probably take at least one more break so that the Senators and Chief Justice would have a chance to stretch and so we will have some logical break in the presentations. As a reminder, we will convene tomorrow at 1 p.m. to resume consideration of the articles. At this point, I ask the indulgence of the Chief Justice and all Senators as we take up some routine matters before we resume consideration of articles. These have been precleared.

Mr. LOTT

Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that the Senate now stand in adjournment under the previous order.

Mr. LOTT

Mr. LOTT. Thank you, Mr. Chief Justice. I believe we are ready to resume with the presentation of Counsel Cheryl Mills.

Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that we recess the proceedings now. We will begin promptly at 5 minutes after 4.

Mr. LOTT. Mr. Chief Justice, it is my understanding that the White House counsel presentation today will last until sometime between 5 and 6 o'clock. I have been informed that Mr. Greg Craig and Ms. Cheryl Mills will be making today's presentations. As we have done over the past week, we will take a couple of short breaks during the proceedings. I am not exactly sure how we will do that. We will keep an eye on everybody, the Chief Justice, and counsel. I assume that after about an hour, hour and 15 minutes, we will take a break; then we will take another one in the afternoon at some point so we will have an opportunity to stretch. I remind all Senators, again, to remain standing at your desks each time the Chief Justice enters and departs the Chamber. As a further reminder, on a different subject, the leader lecture series continues tonight, to be held at 6 p.m. in the Old Senate Chamber. Former President George Bush will be our guest speaker. I yield the floor, and I understand that Counsel Greg Craig is going to be the first presenter. The Journal

Mr. LOTT. Mr. Chief Justice, I ask unanimous consent that we take a 10-minute recess at this time. I urge the Senators to relax a moment but come right back to the Chamber so we can proceed.