Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, with their indulgence, we do have a couple more consent requests, plus we may need to modify the earlier agreement.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the technical continuing resolution, H.J. Res. 133.

Mr. LOTT. Mr. President, I ask unanimous consent that the resolution be read the third time and passed and the motion to reconsider be laid upon the table, all without intervening action, motion, or debate.

Mr. LOTT. Mr. President, I have one further clarification. It seems there is an objection, notwithstanding the receipt of the papers, that we have a vote and then go to debate, but we are working on an arrangement that will allow us to proceed with debate and get some certainty about how the vote will be dispensed with. We should be able to get that clarified in a few minutes. I would hate to ask the Senator to yield again in a few minutes, but in view of the importance of the issue, I might do that. For now, that is all the business Senator Daschle and I have.

Mr. LOTT. Mr. President, again I thank the Senator.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now proceed to the adjournment resolution calling for a sine die adjournment of the 106th Congress just received from the House.

Mr. LOTT. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to and the motion to reconsider be laid upon the table.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that notwithstanding the receipt of the papers, the Senate now proceed to the debate relative to the appropriations conference report and that there be up to 40 minutes for explanation to be divided between the two leaders, with 45 additional minutes under the control of Senator Graham of Florida, an additional 20 minutes under the control of Senator Byrd, and an additional 10 minutes under the control of Senator Specter. I further ask unanimous consent that once the Senate receives the conference report, the conference report be considered agreed to and the motion to reconsider be laid upon the table, all this immediately after the remarks of the Senator from New Jersey, Mr. Lautenberg.

Mr. LOTT. I thank Senator Lautenberg. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the earliest unanimous consent which was agreed to with regard to the time for handling the appropriations conference report be vitiated.

Mr. LOTT

Mr. LOTT. Mr. President, will the Senator yield again?

Mr. LOTT. I thank the Senator.

Mr. LOTT

Mr. LOTT. Mr. President, I now have a list of Executive nominations which have been cleared on both sides. We have been working on this for several days. A number of these nominations were running the risk of not being confirmed, or possibly having recess appointments, which we would like to avoid. This list includes Executive calendar nominations and nominations to be discharged from several committees and confirmed. In executive session, I ask unanimous consent that the nominations I send to the desk be confirmed, the motions to reconsider be laid upon the table, the President be immediately notified of the Senate's action, and the Senate then resume legislative session. I add that this list is comprised of approximately 41 nominations, plus an additional list of almost 400 Foreign Service career officers.

Mr. LOTT. I thank Senator Daschle, Senator Harkin, Senator Mack, Senator Helms, and a number of others who have worked to get this list cleared.

Mr. LOTT

Mr. LOTT. Mr. President, one note on these nominations and appointments: I understand that United States Presidents have for years had the ability to recess appoint nominations. I know of many instances going back at least to the 1950s. I also understand that many majority leaders--including Senator Byrd and Senator Mitchell--have had words of caution for Presidents of the United States when they were majority leader with respect to recess appointments. I know that this majority leader, as well as Senator Byrd, are very much concerned about recess appointments--especially appointments to the Federal judiciary-- during a period of time after we adjourn sine die, or at the beginning, frankly, of the year right as we go into the new administration. Congress has seen this area to continue to erode. I think we need to deal very aggressively with it. The Vacancy Act that Senator Byrd has worked on is something about which we need to be very serious. I hope this administration will heed these words of caution and understand the concerns of the whole Senate. I yield the floor.

Mr. LOTT. I would be glad to yield the floor before we return it to Senator Lautenberg, if I might.

Mr. LOTT. I say to the Senator from West Virginia, I believe we will be in recess slightly over 2 weeks, probably 17 days, until the new Congress comes in on January 23.

Mr. LOTT. I understand, of course, that is a possibility. We have not been notified of any recess appointments or any Federal judicial appointment during this recess period. However, I note it has been done in the past, and there has been some suggestion it could occur during the next 6 weeks before the next Inauguration. I want to check on exactly what would be the situation. I understand even a Federal judge's term would expire, depending on when it happened, at the end of the Congress, but there would be tremendous pressure then to reappoint that person. I agree with the Senator that any appointment of a Federal judge during a recess should be opposed, regardless of who they are or whether it is Republican or Democrat. I commit myself now to remember that when there is a Republican administration, as well as a Democratic administration. I do know there were Federal judges back in the early 1950s appointed by President Eisenhower. That was a mistake then, and it would be one now. I understand that could be contemplated. This word of caution on your behalf and on mine on behalf of the Senate, hopefully, will cause that not to happen.

Mr. LOTT. Mr. President, I say to the distinguished Senator from West Virginia, that is very good counsel. I will do that on a personal basis. I will also follow an example that I believe has been carried out in the past by Senator Byrd, maybe even by Senator Dole: In writing, get an understanding or some clarification. I will do that letter, and it will include this colloquy which just occurred. I thank the Senator for his comments, and I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to H.R. 1795, which is at the desk, having been received from the House.

Mr. LOTT. Mr. President, I ask unanimous consent that the bill be advanced to third reading and passed and the motion to reconsider be laid upon the table, all without intervening action, motion, or debate.

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

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

Mr. LOTT. Mr. President, Senator Daschle is here. We have a few resolutions we can offer at this point.

Mr. LOTT

Mr. LOTT. Mr. President, I send a resolution to the desk on behalf of myself and Senator Daschle and ask for its immediate consideration.