[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Senate]
[Pages S7750-S7751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           ORDER OF PROCEDURE

  Mr. LOTT. Mr. President, I had hoped that we could come to some 
agreement with regard to these numerous matters that we had taken up, 
but it does not look like that is going to be possible; therefore, I 
intend to ask unanimous consent again on a number of items.
  There has been a concerted effort on behalf of the chairman of the 
Energy and Natural Resources Committee, Senator Murkowski, and the 
Senator from Idaho, Senator Craig, and the Senators from Nevada to see 
if an agreement could be reached.
  I thought we had one that was time-consuming but fair to all 
concerned, but at the last minute it appears that that is not possible 
after an effort to get an agreement that would have allowed the nuclear 
waste issue to be brought up later on in July, I think the 23d, for 
limited debate, a vote on cloture, then bringing it back up after the 
August recess, the first day we are back, with a vote and then 30 hours 
of debate, and then a vote on final passage, and then go to conference.
  That is an awful lot of time when the Senate has limited time to do 
its work, but it is a way to allow the Senators from Nevada to make 
their point and to get this issue resolved. But then we find, no; they 
want to reserve the ability to add three more hurdles to filibuster and 
get votes on going to conference. That was a river too far. There is a 
limit to what we can do in terms of agreeing to what is obviously just, 
you know, a dilatory agreement. So it was not acceptable in that 
condition.
  We will be in session tomorrow. Hopefully we can make some progress 
then. If not, we will go next Tuesday to the cloture vote. But it does 
gridlock the Senate. The inability to get this agreement between the 
key players ties up the Department of Defense appropriations bill and 
ties up everything else that is pending around here. I think that is 
really unfortunate because we need to get the agreement on these issues 
if at all possible.

  Perhaps there has been some positive result of our discussions 
earlier today. At least now I do have something in writing with regard 
to the medical savings accounts. I just received it within the last 15 
minutes. I will take a serious look at it and discuss it with the key 
Senators involved on the Republican side in the House and Senate. We 
need to get this done.
  I still find it indefensible that we have not appointed conferees on 
health insurance reform for 80 days. I have the conferees. It is a fair 
division. Even if we get an agreement on the medical savings accounts, 
we still are going to need a conference to agree on the final

[[Page S7751]]

details of exactly what the rest of the bill will entail even though 
almost everybody knows what is in it. But we need to make sure that the 
Senators and the Congressmen on both sides have a chance to go over it 
and make sure that the words are as we think they are supposed to be.
  So I am very disappointed about this. I even wondered once again if 
there was an intent not to have any votes tonight or tomorrow from the 
very beginning. The Senator from South Dakota, the Democratic leader, 
assured me that is not the case, and I accept his word. But it sure 
looks to me like maybe there was some knowledge that there were not 
going to be any votes tonight.
  Mr. DASCHLE. Mr. President, would the Senator yield?
  Mr. LOTT. I yield to the Senator.
  Mr. DASCHLE. The majority leader raises the question on the floor, so 
I think it is important that I again reiterate to him for the Record 
that there was absolutely no desire on my part to avoid doing business, 
whatever the business may be. There are obviously some very serious 
questions that the distinguished Senators from Nevada have attempted to 
raise in light of their concern on nuclear waste. But at no time have I 
instructed members of our caucus that they should feel free to leave.
  Our desire is to get some work done, regardless of whether we make a 
great deal of progress or not, at least to be here to try to get the 
work done. I have emphasized that. I cautioned them not to leave 
because there could be votes either tonight or tomorrow. I reiterate 
that statement now, as I did this afternoon in our Democratic policy 
committee. So I think that point ought to be very clear to everybody. I 
hope we can put that rumor to rest once and for all.
  Mr. LOTT. I appreciate that assurance.
  Mr. LEAHY. Will the Senator yield?
  Mr. LOTT. I will be glad to yield to the Senator.
  Mr. LEAHY. I want to totally confirm what the Democratic leader has 
said. I am one of the more senior Members on our side, and I certainly 
would be one who would have known had there been any such plan. I can 
assure both leaders that had there been such, I would not be here 
talking to the two Senators, I would probably be on the front porch of 
my farm in Vermont right now planning to spend the weekend seeing 
constituents and working from my computer connection in Vermont rather 
than here.
  So I can assure both my friends, who are my friends, the two leaders, 
that had there been any such plan on this side, first, I would have 
known about it, but, second, I would be in Vermont by now.
  Mr. LOTT. Having been through good times and bad times with the 
Senator from Vermont, that is very comforting. I accept that, and I 
thank the Senator for that assurance.
  Can I inquire of the Democratic leader if there is a possibility we 
could get an agreement on the taxpayers bill of rights tonight? I 
thought we kind of worked through that. I think it could maybe be some 
sign of good faith here if we could get that done. Again, it is 
bipartisan. The American people deserve it. Why do we not do it? If it 
would be possible, I would like to try to get that agreed to tonight.
  Mr. DASCHLE. Mr. President, responding to the distinguished majority 
leader, we have consulted with the senior Senator from Ohio, Senator 
Glenn. It is my understanding that, on the assumption that we can 
insert in the Record at the time of the consideration of H.R. 2337 a 
colloquy between Senators Roth and Glenn concerning confidentiality of 
records, I think we would be prepared to move the taxpayers bill of 
rights. That is assuming, of course--and the distinguished majority 
leader has been very good about moving these judges and keeping them 
ahead, but I would like to do that as well today if we could.
  Mr. LOTT. If we could get this done, then we could maybe--I have 
always maintained that the only way you get these things moving is to 
get them moving one at a time. If we get a little reciprocity, we get a 
little something here and something there, then we can get this 
locomotive moving again.
  Mr. BRYAN. Would the majority leader yield for a question?
  Mr. LOTT. Let me respond to the taxpayers bill of rights. It is my 
understanding, with regard to Senator Glenn's concerns, that the 
Finance Committee chairman has agreed to move, in a future appropriate 
tax bill, Senator Glenn's amendment to impose criminal penalties for 
the unauthorized browsing of confidential taxpayer information by IRS 
employees. I believe that is the assurance that he wanted. That is my 
understanding, and I feel sure that would be lived up to.
  Mr. DASCHLE. I am informed that that is the commitment he was looking 
for. On that basis, I think we would be prepared to move to that 
particular piece of legislation.
  Mr. BRYAN. Will the majority leader yield for a question?
  Mr. LOTT. I will be glad to.
  Mr. BRYAN. What is the nature of the unanimous-consent agreement that 
is being propounded?
  Mr. LOTT. I did not actually propound one. I am asking whether it is 
possible that the concerns that have been raised have been worked out. 
I understand they have been, and this would be a unanimous-consent 
request to pass the taxpayers bill of rights. In view of that, let me 
go through, then, some requests.

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