Trent Lott

Mr. LOTT

Mr. LOTT. Will the Senator yield on that point?

Mr. LOTT. Because he is right, and I think that was a mistake. And I objected to that at the time. I think everybody who was on the floor knows that. I did not appreciate the fact that the going back and forth was interrupted. The Senator from Texas knows that, and he has indicated, to his credit, that he was not really intending to break up that sequence. We did break up the sequence, but I do not think we should let that block us from proceeding in that way in the future, a fair way where we offer our amendment, you offer your amendment, and we go back and forth. But you are right about that. The order was broken, and I certainly did not like it.

Mr. LOTT. They could be. I don't see any problem. I would like for us to have it in the same day, because it means we would be making progress. I would like us to have the opportunity, on the tax issue and tobacco bill, to have more than one vote in a day. Maybe we could get two or three votes. That would be healthy. I would like to see us make progress on that. I think we could work that out. We don't want a separation of days. I just object to the ``king of the hill'' type approach which goes-- that is a throwback to the House. But having it the same day, that would be fine with me. We are not interested in getting a day's or a week's separation. If we are ever going to find a logical way to conclude this thing, you have to make progress and have more than one or two votes in a day. Several Senators addressed the Chair.

Mr. LOTT. This is one way to help deal with the problem that this tobacco bill costs somebody money. It doesn't come from heaven. Somebody is going to pay for this. This is one way, and it is targeted, by the way, to couples earning under $50,000, as I understand it, to help the people at the lower end of the tax structure by getting rid of this tax penalty. You are talking about these other people. Yes, we ought to have a campaign to fight teenage smoking and drug abuse, but we don't need all these hundreds of billions of dollars to do that. This is a way--and everybody involved understands it, really--this is a way to help make it possible for this legislation to get through the Senate and maybe, eventually, get to a conclusion. Does the Senator from Massachusetts want me to yield?

Mr. LOTT. There would be one intervening amendment. What is the problem?

Mr. LOTT

Mr. LOTT. If I could just clarify, the Senator did not object; he was reserving his right to object to my request. Did you propound a modification to that?

Mr. LOTT. Will the Senator withhold so we can clarify this?

Mr. LOTT. Mr. President, in order to make this perfectly clear, I do have a unanimous-consent request that would accommodate my desire on behalf of the Senate to have a vote on this very important nuclear waste issue and then return to the pending business, the tobacco bill. So I do want to ask unanimous consent--and I am not propounding it right now--that would say that once we have this vote, notwithstanding rule XXII, with respect to the nuclear waste bill, we would come back to the tobacco bill. This is not in any way intended to delay or to drag out the tobacco bill. There is nobody here, I do not believe, who would not like to see us find a way to deal with the tobacco issue and move on. At the same time, as the majority leader, I have to continue doing things as we go along. We have some Executive Calendar things we want to vote on. We have some other bills that I believe Senators on both sides might agree that we want to do as we go along. We have to think about the appropriations bills next week, beginning to move those appropriations bills. The thing with the nuclear waste issue, the way it comes to us, because the issue was blue-slipped in the House, or the objections because we did it before they did it in the House, we have to go through a series of hoops that take time so that we can take action on nuclear waste and then go on about our business on the tobacco bill or defense bill, whatever it may be. So my purpose here is to get this issue started, and then, after we have a vote, go on back to the tobacco bill. So that is the intent here. I would ask unanimous consent that it be in order for the majority leader, after notification of the Democratic leader, to resume consideration of the tobacco bill notwithstanding rule XXII with respect to the nuclear waste bill.

Mr. LOTT. I do, Mr. President. Mr. DASCHLE addressed the Chair.

Mr. LOTT. I withhold but I do object. I object to the modification. Mr. DASCHLE addressed the Chair.

Mr. LOTT. Then I believe the correct thing would be for me to reserve my right to object to his modification of my unanimous consent request. The alternative here is to have the vote on the nuclear waste cloture motion on the motion to proceed, and if we get cloture, we are on the nuclear waste bill. If the unanimous consent that I propounded is accepted, we could set that aside and come on back to the tobacco bill. The problem I have with the addition that the Senator has propounded here that we remain on the tobacco bill until it is completed is that we don't know whether that would be a day, a week, or a month. I know that there is other work we will need to get done over a period of days and weeks and that we could, in fact, continue to work on the tobacco bill. For instance, there is a meeting that will be occurring here in the next few minutes. Senator Daschle is familiar with it. Senator McCain, Senator Gramm, Democrats and Republicans, are going to be involved in that meeting at 4:30. You need a little time sometimes to work out an agreement, a compromise even. Under this agreement, we wouldn't be able to set it aside and go to any other issue. So that is all I am saying. We have a lot of work we need to get done during the month of June. It is going to take a lot of cooperation. The tobacco bill is on the agenda. My intent is for us to continue to make progress on it but not to the exclusion of everything else. So I would object to the modification.

Mr. LOTT

Mr. LOTT. After the McCain amendment is unanimously accepted, I am sure there will be some further general debate or discussion about the tobacco bill, and we will work then on exactly the time we will come in on Thursday and when the first votes will occur with regard to the Durbin amendment or the Gramm amendment, or if they agree to set them aside so we can go to other business we will make that announcement either later on tonight or tomorrow during the day, even though we will be out. We will put it on the recording so Senators will know. There will not be, it doesn't appear at this time, an early vote on Thursday, but we do hope to get a couple votes before noon on Thursday. We will be working on that. We will do this by voice vote, and that will be the last vote for the night.

Mr. LOTT. Mr. President, so Members will have some idea--maybe a little better than I do--as to exactly how we are going to proceed----

Mr. LOTT. Mr. President, just to make clear, that will be the last recorded vote for tonight. We may be able to do other business by unanimous consent. I didn't want to leave the wrong impression there.

Mr. LOTT. There certainly will be, Mr. President. It is very hot. We are trying to get it done before it gets worse. I yield the floor.

Mr. LOTT. I believe the pending business is the McCain amendment. Senator McCain had hoped he could have a recorded vote on his amendment, but I know it has unanimous support. Because a number of Senators are having problems with schedules, Senator McCain has agreed that we will go ahead and have a voice vote on his amendment. I thank him for that cooperation. I know he feels very strongly about it, and it is the right thing to do for the veterans of our country. So that will be then the next order, the voice vote.

Mr. LOTT

Mr. LOTT. Mr. President, today the Senate will be in a period of morning business until 2 p.m. Following morning business, the Senate will resume consideration of S. 1415, the tobacco legislation, with several amendments pending. As was announced prior to the recess, there will be no rollcall votes during today's session. And also as a reminder to Members, a cloture motion was filed with respect to the motion to proceed to the nuclear waste bill. That vote, and any votes ordered during today's session or during the morning session of the Senate tomorrow, will be postponed to occur Tuesday, June 2, at 6 p.m. For the remainder of the week, the Senate will continue consideration of the tobacco legislation, the nuclear waste bill, and possibly the Department of Defense authorization bill. I know the distinguished chairman of the Armed Services Committee is anxious for us to return to the DOD authorization bill. It is my intent to do that at the earliest possible opportunity and that work be completed on the authorization bill so that we can go to the military construction appropriations bill and the DOD appropriations bill. We also may have some executive and legislative calendar items that will be cleared for action. I believe we have at least one more judicial nomination, perhaps others, that we will be able to move on today. We are hopeful there will be some conference reports available this week. Specifically, the Coverdell A+ education bill conference report could be ready this week. Work will continue on the IRS conference report, but it looks like that may not be available until next week. Finally, I announce that with respect to the passing of our former colleague, Senator Barry Goldwater, the Senate will not be in session on Wednesday in honor of this distinguished Member of the U.S. Senate. Members will be attending funeral services on that day in Arizona. I thank my colleagues for their attention and their cooperation as we go through the balance of this week. I yield the floor, Mr. President.

Mr. LOTT

Mr. LOTT. For the information of all Senators, that was the confirmation of Mr. Chester J. Straub, of New York, to be U.S. Circuit Judge for the Second Circuit.

Mr. LOTT

Mr. LOTT. Mr. President, I further ask unanimous consent that following the cloture vote scheduled for Tuesday at 6 p.m., regardless of the outcome, the Senate then proceed to executive session for the consideration of Calendar No. 622. I further ask unanimous consent that the nomination be confirmed, the motion to reconsider be laid upon the table, and the Senate then return to legislative session.

Mr. LOTT. Calendar No. 622 will be considered tomorrow, which would be Rosemary Pooler to be U.S. Circuit Judge for the Second Circuit in New York.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 9:30 a.m. on Tuesday, June 2d. I further ask that on Tuesday immediately following the prayer, the routine requests through the morning hour be granted and the Senate then begin a period of morning business until 10 a.m. with Senators permitted to speak for up to 5 minutes each with the following exceptions: Senator Hagel for 10 minutes; Senator Dorgan for 10 minutes; and Senator Akaka for 5 minutes.

Mr. LOTT. I further ask that the Senate stand in recess from 12:30 p.m. until 2:15 p.m. to allow for the weekly party caucuses to meet.

Mr. LOTT

Mr. LOTT. Mr. President, the case of Pointe Properties, Inc., et al. versus Michael J. Bevenour, et al., is a civil case pending in the Superior Court for the District of Columbia. This defamation action by a land development company and two of its officers and directors arises out of two 1996 letters prepared and distributed by the defendants, members of a citizens group opposed to the development of certain land in Maryland's Anne Arundel County. A few months prior to mailing these letters, some of the defendants met with Mike Morrill of Senator Mikulski's staff to discuss plaintiffs' land-development proposal. Counsel for these defendants have asked Mr. Morrill to testify about that meeting, and Senator Mikulski would like Mr. Morrill to be authorized to do so. This resolution would authorize Senator Mikulski's staff to testify and produce relevant documents, with representation from the Senate Legal Counsel. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and that the motion to reconsider be laid upon the table.

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 239, submitted earlier today by Senators Lott and Daschle.

Mr. LOTT

Mr. LOTT. For the information of all Senators, the Senate will reconvene at 9:30. There will be 30 minutes of morning business. Following that business, we will return to the consideration of the tobacco legislation with several amendments pending. It is hoped that those amendments can be disposed of in a timely fashion so that the remaining amendments to this important bill may be offered and debated. I do expect at this time that there could be a vote or two on amendments on this bill tomorrow afternoon, although that has not been locked in at this point. At 4 p.m. we will return to 2 hours of debate equally divided on the nuclear waste bill. Following that, there would be a vote to invoke cloture. Also, any votes ordered in respect to the tobacco bill will occur in a stacked sequence at that time. That could involve anywhere from one, two, or three votes at the 6 o'clock hour.