Trent Lott

Mr. LOTT

Mr. LOTT. Madam President, I submit a report of the committee of conference on the concurrent resolution (H. Con. Res. 83) and ask for its immediate consideration.

Mr. LOTT. There are 10 hours for debate provided under statute. I expect all debate to be used or yielded back by the close of business today with the exception of an hour or so. We will then obtain a consent for closing remarks tomorrow morning to be followed by a vote on the conference report. I will not propound that request now but will consult with the Democratic leader and will propound the unanimous consent at a later time. I do think it best to get started. The distinguished chairman of the Budget Committee has arrived. We will begin debate and go as long as Senators desire today and reserve about an hour tomorrow so there will be time equally divided to wrap up and then get a recorded vote. Madam President, I thank the distinguished chairman of the Budget Committee for the job he has done again this year. A lot of people are appointed different jobs in the Senate in terms of leadership or offices of the Senate and have difficulties in doing our jobs. But few have a job any tougher than being chairman of the Budget Committee because it lays out the plan for the year. It does have to take a look at the whole budget. The Presiding Officer, the Senator from New York, is on the Budget Committee. I know she found the process interesting, including the hearings. It is the committee that has to decide what is set aside for Medicare, for instance; if we have reform and need additional funds, how much will be available for tax relief and how much will be available for the nondefense and, in fact, defense discretionary accounts. It is very hard to accommodate all the different parties. We have to work it through the Budget Committee, Democrats and Republicans, and on the floor of the Senate, with many amendments, and quite often vote- aramas at the end of the process where we vote, many times, on 20, 30, 40 amendments, in sequence. It is not a pretty process, but it is one that has to be done. The chairman of the committee and the ranking member of the committee go to conference and see if they can find ways to work together and deal with the House, too. So it is a long process. Senator Domenici has been involved in that process, either as ranking member or chairman, I believe, almost since we began. I remember I voted for the original Budget and Impoundment Act way back in 1973 or 1974. This time was probably even more difficult than usual, trying to thread the eye of the needle, trying to get something that can pass. I believe they have done a good job. It surprises me when I hear some of the condemnation that I just heard from the Senator from Wisconsin and in press conferences. I think this is a good budget resolution. Some people seem to think that people who work and make money should not be able to keep a little bit more of their money. Anybody who wants to defend this Tax Code can go right at it, but I don't believe it is going to work with the American people because the people I talk to, blue-collar working neighbors in my hometown--shipyard workers, paper mill workers, refinery workers, small business men and women--don't think it is fair; they think they are overtaxed by the Federal Government, and by the State and local government, for that matter. They think they pay too much for gasoline taxes, which contributes to the price with which they are having to deal. They think the Tax Code is too long, too complicated, and unfair. When I say: Does anybody in this room want to defend the marriage penalty tax, any Democrat, any Republican, anybody, old or young, married or single? I see not one hand. Yet we have been yapping around here for 10 years about how we are going to get rid of the marriage penalty tax. It has gotten so serious, my daughter who got married 2 years ago, has threatened to run against me if I don't finally do something about this. This is an unfair, ridiculous tax. Does it cost some money? Yes. Whose money is it, for Heaven's sake? It is my daughter's and her husband's, a young couple trying to make ends meet. Nobody wants to defend that. The very concept of the Federal Government coming in when you die and reaching into the grave to take the benefit of the fruits of your labor in your lifetime is so alien to what America should be about, I just cannot believe people will say estate taxes are a good idea. Oh, it will not affect me. I have asked for and been given a life in this institution in the Congress. I came here young and don't have any money and don't really ever expect to have very much. But the idea that my son, who has chosen a different route, would have the Federal Government show up and say: Give me 40 percent or 50 percent of your life's earnings--I am not going to give him an estate; he is not going to inherit it; whatever he has, he is going to earn it--I think that is wrong, fundamentally unfair and basically wrong. Rates are too high; taxes are too high. Oh, there will be weeping and gnashing of teeth--the very idea that you would lower the top rate from 39.6 to 33 percent. You go out and ask the average man or woman on the street, do they think one-third of what they earn is enough to pay for Federal taxes--anybody--anybody should pay more than a third, 33 percent? Then you have to add on to that State taxes, local taxes, sales taxes. On everything you do from the moment you get up and flip on a switch and you drink that cup of coffee until you get your paycheck, you are paying taxes. I realize in this city, unbelievably, it is hard to cut taxes. But I don't think this is too much. In fact, I don't think it is enough. Allow people to keep a little bit more of their money through a child tax credit? We should not do that? We have been trying now to get some other things, such as the education savings account, in place to allow people to save a little bit more of their money. People say we need more money from the Federal Government so we can help people with the things they need, such as child care. I have a unique idea. How about letting them keep some of their own money and pay for their own childcare as they see fit. That will be one way to do it. I am not saying we don't need additional support, but that is one way to do it. I think what is provided in this budget resolution is not an unfair amount. We went through a process. It is not as high as I would like for it to be, but it is a pretty substantial amount. I assume it has bipartisan support. In terms of spending, why, listening to some of the stuff I heard on TV last night, you would think we were going in there and slashing Federal programs all over the place. I thought it said a 4-percent increase--4-percent or more increase over what we are going to spend in this fiscal year. Is there anybody in this room who thinks it is only going to be 4 percent? No; this opens the bidding, unfortunately. I hope the President will veto these appropriations bills if they start providing increases of 6 percent, 7 percent, 12 percent. There is no limit. We have been saying it right here in the Senate. Does anybody want to offer an amendment to have more spending? Just offer it. It will pass. It doesn't matter what it is. I don't know what we think. I guess we think somebody somewhere some other day will pay for all this or we will worry about that later. This is a balanced, fiscally responsible budget resolution. It provides for additional action on Medicare. It provides for increases in a lot of areas. The President's budget does provide for some reductions in certain areas, but can we not have priorities in the Government? Can't we spend a little more here and a little less there? Isn't a 4-percent increase over an inflated expenditure from last year and the previous year an adequate amount? I think it is. I don't know, maybe we are just not reading the same budget resolution. I think this is a responsible resolution. I urge Senators to vote for it. Again, it is not the end of the process. This is the kickoff. We have been wrestling around with this thing now for 3 months, and this is just the kickoff. We haven't even gotten into the first quarter. We need to get it done. Think of the alternative if we didn't pass this budget resolution. What happens? We are stalled out right here and cannot go forward with the annual appropriations bills, with the tax relief package. There would be uncertainty about what would be available, I guess, in certain entitlement programs. I hope we can calm the rhetoric. Sure, there will be substantive disagreements. There will be people who advocate spending more or less at various places. That can be done. We have budget resolutions. We have authorization bills. We are going to be continuing to vote on education. We are going to have more spending for education. Everybody knows that; that is part of the package. I am for that. I think further investment in education is a good investment. I am prepared to support it. There are going to be emergencies. Unfortunately, there will be disasters somewhere in this country, probably in my own State. We have floods, tornadoes, droughts--everything but locust so far. We will help people with their disasters. We are going to have emergency requests for defense. We have costs that were unexpected in health care and additional steaming and flying time. But we will work through that process. I hope we will overwhelmingly pass this resolution tomorrow and go forward with the bills that will follow in due course. Again, I say to you, Senator Domenici, thank you. I know it is never easy. For some reason I am not quite sure, you have been willing to continue to do it year after year. I will be looking forward to hearing what you have to say about the final product. I know Senator Conrad will have some remarks, too, and then we will go to a vote. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, we are still working on both sides of the aisle to get agreements on how we will proceed with votes later on tonight and tomorrow. We have some items we can lock in. I ask unanimous consent when the Senate resumes the education bill at 9:30 Wednesday, the Senate proceed to a vote in relation to the Mikulski amendment regarding technology centers with 5 minutes equally divided prior to closing remarks. I ask consent all first-degree amendments in order to S. 1 be filed at the desk by 5 p.m. on Wednesday and any second-degree amendments be limited to the subject matter contained in the first-degree amendment.

Mr. LOTT. In light of this, there are no further votes this evening. The next vote occurs at 9:35 on Wednesday. However, I understand Senators are ready to go with amendments or second-degree amendments. We will continue to work on that as long as we can get Senators to offer their amendments.

Mr. LOTT. I yield.

Mr. LOTT. Followed by Senator Feinstein tonight.

Mr. LOTT. That is correct. Senator Specter has a second-degree amendment to the underlying Murray amendment.

Mr. LOTT. We were not making a unanimous consent request; we are just trying to get clarification of the next four actions. Is there a problem, though, with proceeding that way?

Mr. LOTT. We will proceed with the other amendments once that happens. I yield the floor. Amendment No. 388 to Amendment No. 378

Mr. LOTT

Mr. LOTT. Mr. President, I would like to recognize Lieutenant Colonel Steve Penn for his meritorious service to the U.S. Senate both as a Legislative Fellow and as the Deputy Director of the Marine Corps Liaison Office from July 19, 1996 to April 24, 2001. Lieutenant Colonel Penn's uncompromising professionalism and interpersonal skills provided an immense contribution to the mission of communicating the Commandant's message in the United States Senate. As a fellow, he expertly advised Senator Roberts and his staff on matters of national security. In the Senate Liaison Office, he led scores of congressional and staff delegations on fact-finding trips to all corners of the globe with unparalleled ease. Additionally, he routinely prepared and delivered briefs to Senators often involving very complex military and Marine Corps issues, always with diplomacy and candor. Lieutenant Colonel Penn consistently maintained uncompromising standards for dedication and accuracy in his work. His personal pride and loyalty to the Marine Corps guided his work and deeds, and resulted in superior results. His unselfish devotion to duty, exceptional performance, and outstanding professionalism have served the Members of Congress and the professional staff well, and provided a priceless contribution to the Marine Corps. My colleagues join me in wishing Lieutenant Colonel Penn all the very best in his next assignment as a member of the Inspector and Instructor Staff, 2nd Battalion, 23rd Marines in Encino, California.

Mr. LOTT

Mr. LOTT. Mr. President, a pro se plaintiff has commenced a civil action in Texas state court seeking damages against Senator Gramm based on the Senator's acts of voting and introducing legislation regarding the labor of foreign nationals. The action makes Senator Gramm a defendant solely because of acts of voting and introducing legislation taken in his official capacity as United States Senator. As such, the action is barred by the speech or debate clause of the Constitution. As Senators, we answer to our constituents, not to the courts, for our legislative activity. This resolution would authorize the Senate Legal Counsel to represent Senator Gramm to seek dismissal of the matter.

Mr. LOTT

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

Mr. LOTT. Lo and behold, I believe we are actually ready to go to an education bill after talking about it for months and working actively on it for days. We are ready to proceed. I am pleased with that. I commend all those Members involved in trying to make it work. I ask unanimous consent that following the reporting of the substitute amendment, the time between now until 12 noon be equally divided for debate between the chairman and the ranking member. I also ask consent that prior to 12 noon and with the consent of both managers, Senator Collins may be recognized to offer an amendment regarding reading, and following that debate, the amendment be laid aside with a vote to occur at 4 p.m. today. I further ask consent that Senator Kennedy or his designee--and I understand that may be Senator Harkin--be recognized immediately following the reporting of the Collins amendment to offer a first- degree amendment; further, that the votes on or in relation to the amendments occur in a stacked sequence at 4 p.m. Also, I ask that no amendments referenced in this agreement be subject to second-degree amendments, and, further, all debate time prior to the 4 o'clock vote be equally divided in the usual form. I further ask consent that at 12 noon, notwithstanding receipt of the conference report, the Senate begin debate on the conference report accompanying H. Con. Res. 83, and the time under the provisions of the Budget Act begin accordingly. Finally, I ask consent if time remains under the Budget Act following the 4 p.m. vote, the Senate resume consideration of the conference report to accompany the budget resolution.

Mr. LOTT. Are you asking that we make that change at this point?

Mr. LOTT. Mr. President, several suggestions were made. I will respond and accept most of the suggestions. First of all, I had hoped to go ahead and get started on the budget conference report. It is very important, very urgent. We need to get that completed. I understand Senators need to actually see the report. It should be available within the hour. We are trying to get that to you, as we speak. I hope we can come back then and get an agreement later to go ahead and go to the conference report. However, following your suggestion, I modify my unanimous consent to delete the last paragraph. Now, I do think it is also important to note that this agreement does not lock in a vote on the Jeffords substitute. We have it. Senators will have the next couple of hours to go through it. I hope we can enter an agreement in a reasonable period of time so we have the vote on the Jeffords-Kennedy substitute at 4 p.m., also. We are not including that in the request. In view of that, I don't think we should go ahead and lock in the next two amendments at this time. Let's go ahead and get started on the agreement we have, get the debate on the Collins amendment and the Kennedy amendment, or his designee, and then in the next sequence we can get an agreement on the budget conference report, the vote on the substitute, and line up the next two amendments. I need to check with some of our people to make sure these are the next two amendments we want to consider. This is a step forward to get the process started. I renew my unanimous consent request to include the first three paragraphs as read and delete the last one.

Mr. LOTT. Mr. President, it is up to that side as to what would be the next amendment. I don't want to lock it in at this point because we need to lock in both amendments. I think we are getting started here, everybody is trying to be cooperative, but we need to get the vote on the substitute, then lock in the next two amendments and get an agreement on the conference report. I would rather not lock them in. As far as that goes, if they are prepared, the next amendment would be the Dodd amendment. We don't dictate that at all.

Mr. LOTT. We will check on that, and hopefully well before noon we can go ahead and lock in this next series of votes.

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

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

Mr. LOTT. Mr. President, I am not going to propound an additional unanimous consent request at this time, although we are working with the leaders on both sides of the aisle so we, hopefully, can have a further agreement entered into between 4:30 and 5. We will go ahead and be able at that time, hopefully, to lock in the sequence of amendments that will come after these two. I announce to the Senate that following this vote, I will ask the Senate to begin debate on the budget resolution conference report notwithstanding receipt of the papers. Assuming consent is granted, I would expect several hours of debate tonight on this important conference report to be followed by a vote on the adoption of the budget conference report. Therefore, Members should be on notice that a vote is expected to occur late tonight on the budget unless an agreement is entered into to have it at a specific time in the morning. We expect to continue working tonight and go into the night, and we will get exact timing of when we might expect another vote hopefully within the next few minutes or within the hour. If consent cannot be granted to begin debate before the paperwork enters the Senate, then a vote would have to be scheduled tomorrow. I hope all Senators will cooperate, and I have every indication that we will be able to get an agreement so we can vote on the budget resolution this evening. Then we will also be able to enter further agreements with regard to additional amendments. I believe we are ready to go to a vote at this time.

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

Mr. LOTT. Mr. President, it has been so hard to get this very important education bill up and actually moving that I hate to let any time go by without making some further progress. So we have been working on both sides of the aisle, and I believe we have an agreement to allow us to proceed with the Jeffords amendment next and then go to the Dodd amendment after that.

Mr. LOTT. No. I prefer to say just the Dodd amendment.

Mr. LOTT. You are giving too much credit here, I say to the Senator. No. We would try to have the vote on both of these at 7:30. I think that is more than enough time. I hope that maybe even some time could be yielded back. That way we could make progress. Senators could attend to other business and then would be prepared to be here for those two votes between 7 and 7:30, or not later than 7:30. I also had intended--and hope to get agreement--to proceed to the conference report to accompany H. Con. Res. 83, the budget resolution, immediately following those two votes. I was not going to try to get a time specified as to exactly how we would use the time or when a vote would occur. I understand that the Democrats are not prepared to agree to that at this point. And I cannot force it at this point. I do think it is very important we get an agreement on the budget resolution as soon as we can so Members can know what to expect tomorrow, and/or Monday, and so that we could get this completed so we can move on with our annual appropriations bills and also our reconciliation bill. So I now ask unanimous consent that the next two first-degree amendments to be offered to S. 1 be the following, and not subject to second-degree amendments: Jeffords No. 361 and the Dodd-Collins amendment. I further ask consent that votes relative to these amendments occur at 7:30 in the order in which they were offered, and the time between now and then be equally divided and run concurrently on both amendments, and there be 2 minutes prior to each vote for explanation.

Mr. LOTT. I thank Senator Reid.