Trent Lott

Mr. LOTT

Mr. LOTT. I want to remind the Senator from Maryland, I was one of the 88, not one of the 11, but the 11 is on both sides of the aisle. We are never going to get an agreement until we get the 11 to feel comfortable that they have the opportunity that they are entitled to under the rules to make their point. It is the wonderful way the Senate works.

Mr. LOTT. You wouldn't want to use that word. I think I have a card here I can call you on.

Mr. LOTT. It surely does.

Mr. LOTT. If the Senator from Maryland is trying to get the majority leader to take full responsibility for not filing cloture today, I accept it. It is my goal to get a bill, and I concluded that another cloture motion at this time on this bill is fruitless. I am perfectly willing to accept that responsibility.

Mr. LOTT. We do, because as I have assessed the situation, there are enough opportunities for cloture votes and delays that it would take us into next week. If you just look at the math, that is where it would go. You can go back and examine how we got in this position, and the answer is very simple: We have been trying to do other bills. The only way we are going to get H.R. 10 now is by concession and by consensus, which is quite often the way the Senate works. We are going to have to see if we can find a way for Democrats who have worked on this bill and Republicans who have worked on it, some who have problems with it on both sides, can come together. There is also a concern from Secretary Rubin about a provision in the bill. But I would like to get it done. But we are not going to get it done by cloture motions. Therefore, I have no problem with going over another day and continuing to work and hope that we can find a way to come to an agreement on this bill.

Mr. LOTT. It is not my intention to do that.

Mr. LOTT. Mr. President, I ask unanimous consent that H.R. 10 now be the pending business, and immediately following the reporting by the clerk, the Senate resume H.R. 2431--that is the religious persecution bill--and that following the conclusion or yielding back of the time, the previous consent governing H.R. 2431, commence. I further ask that following the disposition of time on H.R. 2431 this evening, the clerk then report H.R. 10, and the Senate then proceed immediately to a period for morning business.

Mr. LOTT

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

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

Mr. LOTT. We are working now to go to No. 597, which is a State Justice Institute position. And we are working to try to go to the nomination of Mr. Paez. There are those who want time to talk about that. I hope we could do that tonight and tomorrow. But we will continue to try to get agreement on Paez. That is the one we are working on right now. We will either get to debate and vote on that tonight or, more likely, it looks like now, tomorrow.

Mr. LOTT. There is a problem with doing that until we get this agreement worked out. We would actually go to H.R. 10, as I understand it. I would like for us to use this time, but both sides are still apprehensive about it. I asked for this time as majority leader and got it but I think, beyond that--we cannot do it

Mr. LOTT. I will be glad to.

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

Mr. LOTT. I ask unanimous consent that the recorded vote on religious persecution occur at 9:30 on Friday morning.

Mr. LOTT. So that everybody will relax, I understand when I make some remarks and schedule announcements we will go back in a quorum. Nobody is disadvantaged. Nothing is going to change. I have requested this time for two purposes. No. 1, to say that we do have a lot of work we need to do. One of the things I am considering doing here momentarily is going to a nomination so we will have time to work through and agree on a unanimous consent request. But the other thing is, I think right now we are seeing the worst of the Senate, the worst of the Senate on all sides. We have work to do. We have about 48 hours left. We have several bills that people want to get done, vocational education, religious persecution--a number of other bills that have been worked on all over this Capitol. Many of them will be overwhelmingly or unanimously supported. And here we are, now, locked in a procedure where neither side will agree to anything. I just don't think it is in the best tradition of the Senate. I realize the Senate always works at the pleasure of any one Senator, but I think we also work because we always seek consensus. I am for H.R. 10. I have been for that legislation from the beginning. I have given a lot of time to try to move it forward. I know there are people who have objections to it. As a matter of fact, some of the objections that they have, I agree with. It is not a perfect bill. But I think that we need to try to find a way to work through this, where we can continue to do business. I will do everything I can to make sure that neither side is disadvantaged. I have two of my very closest friends and colleagues that have major problems with this bill, but I am also very committed to dealing fairly with those who are for the bill. I want to try to continue to work to find a way to get it done. So I don't think it really serves either side to just shut us down here at 6:15, 2 days before we go out, and not allow us to get anything else done tonight. So, I am going to appeal to both sides to work with me, to try to find a way to get this business done that we can do, some nominations that are not controversial on either side, and the religious persecution bill, and vocational education--and without disadvantages to anybody. So I ask Senators on both sides to do that. I appeal to them. And I will help try to make this happen. But I want to go on the record saying that I think this spectacle that we are seeing right now is very unbecoming of the Senate, and rather than just steam about it, I thought I would say it publicly. I feel better now, Mr. President. Momentarily I will move to a nomination or I will ask for a unanimous consent agreement that will allow us to complete action on the religious persecution bill. But I must say to both sides, I will not let either side gridlock the Senate. I will not do it. I will use every tool at my disposal and I will also do everything publicly I can to make sure people understand who is not being cooperative in this effort. I observe the absence of a quorum.

Mr. LOTT

Mr. LOTT. Mr. President, I ask----

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

Mr. LOTT

Mr. LOTT. For the information of all Senators, there will be about 25 minutes or so on the human services reauthorization bill--without a recorded vote. It will be a voice vote. Then we will go to the Fletcher nomination. Therefore, the next recorded vote would be at approximately 2:30. I yield the floor.

Mr. LOTT. Mr. President, pursuant to agreement of October 7, I ask the Senate proceed to the consideration of the conference report to accompany S. 2206, the human services reauthorization bill. I further ask that immediately following adoption of the conference report, the Senate proceed to executive session, and pursuant to the consent agreement of October 6, that the nomination of William A. Fletcher of California to be United States Circuit Judge for the Ninth Circuit, be considered.

Mr. LOTT

Mr. LOTT. Mr. President, yesterday evening the senior Senator from Washington, Senator Gorton, reached 100 presiding hours in the 105th Congress for his 100 hours of service presiding over the Senate. He will be awarded the Golden Gavel. But there is an interesting point here. This is the fifth Golden Gavel that Senator Gorton has obtained in his years in the Senate--representing 500 hours presiding in the Senate Chamber. I think most Senators will acknowledge that he does an excellent job when he is the Presiding Officer. He is one we call on quite often on Friday afternoons or late at night. He is always willing to do it. And he dedicates each one of these Golden Gavels to one of his grandchildren. He has seven. This is the fifth one; so he has two more to go. This is an assignment that takes time and patience. I publicly thank Senator Gorton for achieving this and for the way that he is doing it for his grandchildren. I ask my colleagues to join in expressing our appreciation. (Applause.) Mr. DASCHLE addressed the Chair.

Mr. LOTT

Mr. LOTT. Mr. President, I am pleased to rise in support of the Senate's overwhelming passage today of the Internet Tax Freedom Act. This bill represents several months of thoughtful consideration and discussion among Members on both sides of the aisle to address the tax treatment of this emerging medium of commerce. Throughout history, innovations in technology have dramatically changed lifestyles. Today, it is the Internet changing lives, and unlike any other technology to date. It is connecting people all around the world in ways that no one at the Department of Defense ever conceived of when the network was created. It is a true testament to the fact that leadership and entrepreneurial drive is alive and well in America. This new tool of communication and information is also fast becoming one of the most important and vibrant marketplaces in decades. It holds great promise for businesses, both large and small, to offer their products and services for sale to a worldwide market. This is good news for everyone. It means new jobs, new opportunities and choices for consumers and retailers, and ultimately more revenue for state and local governments. Mr. President, by its very nature, the Internet does not respect the traditional boundaries of state borders or county lines used to define our tax policies today. With about 30,000 taxing jurisdictions all across America, a myriad of overlapping and burdensome taxes is a legitimate concern for consumers and businesses online. This issue needs to be explored and resolved. The Internet Tax Freedom Act is about the potential of technology. It is about taking a necessary and temporary time-out so that a Commission of government and industry representatives can thoroughly study electronic commerce and make sensible recommendations to Congress about a fair, uniform and consistent Internet tax structure. The moratorium will apply to discriminatory and multiple taxes as well as to taxes paid just to access the Internet. This legislation will treat Internet sales the same as any other type of remote sale. It will not favor the Internet or disadvantage others. Businesses and consumers using electronic commerce need and deserve some level of assurance and sense of uniformity about how they will be taxed. Mr. President, over the past several months, I personally heard from governors and groups across the nation who expressed serious concerns about the hindering effect on electronic commerce due to ambiguous and conflicting tax treatment. I also heard from others expressing concerns about raising revenue and providing services to their citizens. Both voiced support for passage of a balanced bill that would represent their views. Adequate time was allowed for the Senate to hear what they had to say, and their concerns are reflected in the amendments and in the final bill. Internet taxes, like many other issues faced in Congress, is not without controversy. The spirited exchange on the Senate floor during the past several days is evidence of that. I respect the differences that have been debated. I recognize the delicate balance in many of the views expressed, and appreciate the good faith efforts of my colleagues in working together to reach consensus. I know it was not easy. Passage of this legislation was made possible by the hard work of many people. First, I commend Senator John McCain, Chairman of the Senate's Commerce Committee, for his diligent leadership and commitment to tackle this complex and contentious issue. He has been steadfast throughout this process, and to him I say thank you. I also owe a debt of gratitude for the work and contributions of the Chairman of the Senate's Finance Committee, Senator Bill Roth. He provided a fresh perspective on the issue of electronic commerce. Clearly, the participation of several Members with diverse interests was integral in moving this bill forward. I am proud to see Senators from both sides of the aisle--Senator Byron Dorgan, Senator Judd Gregg, Senator Tim Hutchinson, Senator Joe Lieberman, and Senator Ron Wyden-- all work together in a respectful manner to get the job done. Nothing is ever accomplished in the Senate without the dedicated efforts of staff. I want to take a moment to identify those who worked hard to prepare this legislation for consideration. From the Senate Commerce Committee: Mark Buse, Jim Drewry, Carol Grunberg, Paula Ford, Kevin Joseph, John Raidt, Mike Rawson, and Jessica Yoo. From the Finance Committee: Stan Fendley, Keith Hennessey, Jeffrey Kupfer, Brigitta Pari, Frank Polk, and Mark Prater. Other individuals participated on behalf of their Senators: Renee Bennett, Laureen Daly, Richard Glick, Hazen Marshall, Greg Rhode, Mitch Rose, Stan Sokul and Russell Sullivan. I thank them all for their efforts. Mr. President, the current power of the Internet and its future potential will advance America into the next millennium. Passage of the Internet Tax Freedom Act is a crucial step in recognizing the significance of the Internet in electronic commerce and what it will mean in the lives of every American consumer, to American businesses, and to America's economy.

Mr. LOTT

Mr. LOTT. Mr. President, I will yield to the distinguished Senator from North Carolina who will welcome our guest Chaplain for the day.

Mr. LOTT

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

Mr. LOTT

Mr. LOTT. Mr. President, the Senate will be in a period of morning business until 10 a.m. Following morning business, under a previous order, the Senate will begin 1 hour of final debate on the conference report to accompany the VA-HUD appropriations bill. At the expiration of debate time, at approximately 11 a.m., the Senate will vote on adoption of that conference report. Following that vote, the Senate may resume consideration of the Internet tax bill. I believe we are about ready to complete action on that. We have been saying that for a week, but I think that the opposition really is minimal. When we finally get to a vote, it is going to be overwhelming. I hope those obstructing and delaying the bill will give it up and let us get to the final passage of this important legislation before we leave. I understand there is one outstanding issue remaining on that legislation. Hopefully, it can be resolved by the managers early this afternoon. In addition to the Internet bill, the Senate may consider the intelligence reauthorization bill, the human services reauthorization bill, under a 30-minute time agreement, and, possibly, the Treasury- Postal Service appropriations bill. The Senate may also begin consideration of the William Fletcher nomination under the previously agreed to 90-minute time agreement. At 5 p.m., under a previous order, the Senate is scheduled to resume consideration of H.R. 10, the financial services reform bill, unless another agreement is reached. I hope we can also come to some compromise agreement on that legislation so we can get it completed. It is very important domestically and, as a matter of fact, for our ability to compete in international markets. Members should expect rollcall votes throughout the day and into the evening. There are a number of meetings going on to resolve issues between the House and the Senate and the administration. I think a lot of good progress has been made in the last 24 hours. I felt like the dam sort of broke yesterday. We have the bankruptcy reform legislation conference report being finished now. The vocational education conference report was completed last night. That was the first time we had a vocational reauthorization in years, and certainly we need to focus on vocational education. That, coupled with the higher education bill that was signed into law 2 days ago, will begin to show that we are committed to working continuously to improve education for our children and for the families of this country in the future. We are in a position where we are about in final agreement on the WIPO bill, the intellectual property issue, and music licensing. A number of bills are coming to a conclusion. As soon as conference reports are available, particularly appropriations bills, they will be stuck right into the schedule, and hopefully a quick vote. We will then move with other conference reports. We hope to be able to move some Executive Calendar nominations. But that also will take a lot of cooperation. I thank the Senators for their assistance at this critical hour. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. 505, and that the Senate then proceed to its immediate consideration.