[Congressional Record Volume 144, Number 27 (Friday, March 13, 1998)]
[Senate]
[Pages S1923-S1925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNANIMOUS CONSENT REQUEST--H.R. 2646
Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now
proceed to Calendar No. 227, H.R. 2646, the education individual
retirement accounts bill, and it be considered under the following
agreement.
Before I make this request, I do want to say again how much I
appreciate all the cooperation we had on the ISTEA, bill. I think it is
an example of what we can do when we work together on important
legislation in a bipartisan way, and also across the aisle, the
bipartisan support we had on the China human rights resolution, and on
the resolution naming Saddam Hussein as a war criminal.
This has been a very productive week. I hope we can find a way to do
the same thing again next week. I would like for us to find a way to
consider in the fairest possible procedure this very important
education bill, the Coverdell A+ bill which does include, in addition
to the Coverdell A+ provisions with regard to saving for your
children's education, a special provision for a prepaid tuition
deduction, and for a deduction of graduate education expenses. Those
last two items were requested by a bipartisan group. We have other
important matters that I believe will be bipartisan, including dealing
with NATO enlargement. So I hope we can find a way to come to an
agreement on how to proceed on these bills.
So I would like to now go through the agreement that I have been
seeking. I understand that Senator Durbin will have some reaction once
I get to the end of this.
Mr. President, I ask unanimous consent that immediately following the
reporting of the bill by the clerk, the chairman of the Finance
Committee be recognized to send an amendment to the desk reflecting the
Finance Committee action on the Coverdell bill. I further ask unanimous
consent that following the ascertaining of this consent, Senator
Daschle be recognized to
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offer his alternative amendment--I understand he had been working on a
substitute; and I thought it was a good way to start off the debate to
have the minority offer their alternative amendment--and that no other
amendments be in order prior to a vote on or in relation to the Daschle
amendment.
I further ask unanimous consent that it be in order for me to send a
cloture motion to the desk to the Finance Committee amendment and that
the cloture vote occur on the committee amendment at a time to be
determined by the majority leader, after notification and consultation
with the minority leader, but not before the vote in relation to the
Daschle amendment. So the cloture motion would not even be filed under
this request until after the Daschle substitute had been considered and
dealt with by a vote.
I further ask unanimous consent that the mandatory quorum under rule
XXII be waived and that first-degree amendments be filed 1 hour after
the cloture vote, with second-degree amendments to be filed within 24
hours of the cloture vote.
Before the Chair puts the question to the Senate, let me summarize
this consent, which I believe is fair and provides for an orderly
consideration of the education A+ bill.
The agreement, if agreed to, is that the Senate would now begin
consideration of this bill. The chairman of the Finance Committee would
immediately be recognized to offer the Finance Committee action. Then
Senator Daschle would offer his substitute, whatever version that he
would like to have, of the legislation. We would have an agreed-to
period of debate. And then we would have a vote, without any
encumbrance, on that amendment. Then following that vote, we would have
a cloture vote, and then the time for that would be determined by
mutual agreement. If cloture should be invoked, the remainder of the
consideration of the bill would be governed under the provisions of
Rule XXII. If cloture is not invoked, the bill would be open to further
amendments, with no limitation as to time or subject matter.
If this agreement is agreed to by the Senate, I would, of course,
give Members ample notification as to when the two votes would occur,
those being a vote with respect to the Daschle amendment and the
cloture vote.
So I will now yield the floor for the Chair to put the question on
this. I urge all my colleagues to agree to this.
The PRESIDING OFFICER. Is there objection?
Mr. DURBIN. Reserving the right to object, I say to the majority
leader I thank him for the conversation we had over the last several
days about a matter of concern to me and I hope to the Senate.
My objection to your unanimous consent request is not based on the
belief we should be doing less business but in the hope we will be able
to do a little more--specifically, that the two judges who are pending
on the Executive Calendar since November of last year from the State of
Illinois, judges I referred to earlier as coming from districts with
extraordinary problems because of these vacancies, I hope these judges
can be considered, and considered very soon.
I have tried to say to all of my colleagues, Democrats and
Republicans, that I stand ready to work with you to move this
calendar's agenda as quickly as possible. I hope they will empathize
with the challenge that faces us in the Southern and Central Districts
of Illinois and that we can call these judges for consideration as
quickly as possible.
For that reason, for that reason alone, I do object.
The PRESIDING OFFICER. Objection is heard.
Mr. LOTT. I do want to say to the Senator from Illinois, I am very
much aware of these two judicial nominations. As I promised I would do
yesterday, I did talk to Senators from our side of the aisle that have
some objections. It goes back to last year. The Senator knows all the
details. I appreciate the fact that he did not object to judges that
the administration sent here from Texas earlier this week, and I hope
that we can continue to work to see if some agreement can be worked out
as to how and when they might be considered.
And I know that the Senator, perhaps, has some objection to us
proceeding with the ocean shipping legislation; we have worked out an
agreement on how to proceed on that. This is a bill we have been
working on for a couple of years, in a bipartisan way, again. Senator
Breaux from Louisiana has been involved; Senator Slade Gorton of
Washington, who has some objections and has an amendment on it; and
also, of course, Senator Kay Bailey Hutchison, who is the chairman of
the subcommittee.
You have a bill that you have a hold on. Am I clear that you are
objecting to proceeding with this agreement because of the hold on the
two Illinois judges? Or are you objecting on behalf of the minority
leader or the minority? I don't think you want to leave the impression
that you are objecting to this bill because of a couple of judicial
nominations that have not yet been moved. Is that accurate?
Mr. DURBIN. If the majority leader will yield, I am asking that we
schedule as quickly as possible the confirmation of these two judges. I
am trying to call the attention of the Senate to the fact that they
have been on the calendar since last November. There are extraordinary
hardships back in the State of Illinois. I know of no other way, and I
have tried every way, to avoid this objection. I do not speak for the
minority leader but only as one Senator from the State of Illinois. And
I do object.
Mr. LOTT. Mr. President, I regret the objection. I think this
agreement is immensely fair and provides for an orderly process, again,
for this very important legislation.
American people care about education in this country. When I go
around this country and back to my own State, other than being worried
about crime and being safe in their schools, having safety in their
neighborhood, safety in the schools and education are right at the top.
People are saying, Why is elementary and secondary education not
working in America? We are spending more and more money, and the grades
are going down. Why is higher education in America the best in the
world and elementary and secondary ranks something like 19th in the
world? They want better quality education, they want more choice in
education, they want safer schools, and they want zero tolerance for
drugs in schools.
This is the first opportunity this year where we have a chance to
really begin to move toward that by allowing people--parents, and
grandparents, and people that want to provide for scholarships to
deserving children--to give an opportunity to choose a different school
or get a computer for an eighth grader or tutoring for a fourth grader.
I know it will have bipartisan support. I have to admit that Senator
Torricelli has been very helpful to the Senator from Georgia in moving
this legislation forward.
So as a result of the objection, then, I have no option but to go
ahead and move toward the calling of the bill and then filing a cloture
motion. I want the American people to know that the objection is to the
motion to proceed, not even on the bill, to even proceed with this
very, very important education legislation.
I am not sure, really, that I understand why there is this objection.
I do think it is unfortunate. But at this point we will start the
process, and I will file the cloture motion at this time. I must also
note, though, that it does tend to delay legislation. There are those
that are going to say, Why doesn't the Congress do more? Well, this is
exhibit A, because it has gotten to where in the Senate we have to file
cloture to stop a filibuster on almost every bill.
This month, we need to complete this education bill, take up the NATO
enlargement legislation, take up a budget resolution so we can get it
done before April 15--which is what the law requires, I might add--deal
with the supplemental appropriations request for natural disasters in
this country, the cost for our defense, and for Bosnia and Iraq, how do
we deal with IMF; we have to have, under the law, a vote on the Mexican
decertification issue, again with relation to drugs; and we want to get
IRS reform done before we leave to go home for the Easter recess. Every
time something happens that delays another day, it shoves all of this
down the line.
I must add, I am being asked by Senators like Moynihan of New York
and
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Smith of New Hampshire to delay the NATO enlargement until at least
after the Easter recess or maybe even until June. Any time a Senator of
either party makes that kind of request to the majority leader, you
have to think about it, you have to take their request in
consideration--have they had enough time? Will more time be helpful in
the discourse? I personally think we should go forward with the debate.
I will give the details why I think that later on, but this delay
affects everything else down the line.
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