[Congressional Record Volume 147, Number 59 (Thursday, May 3, 2001)]
[Senate]
[Pages S4230-S4232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      UNANIMOUS CONSENT AGREEMENT

  Mr. LOTT. Mr. President, we have been discussing the schedule and 
voting order with Senator Daschle and the managers of the legislation 
and how we would handle other issues. I think we have a good agreement. 
We need to read it carefully and make sure we understand exactly who is 
going to be offering the amendments.
  I ask unanimous consent that if the House of Representatives has 
adopted and copies have been made available under the Senate rules, 
then the Senate proceed to the conference report to accompany the 
budget resolution at 10 a.m. on Monday, May 7, and the time between 
then and 6:30 p.m. be divided with 12 hours under the control of the 
minority manager and 3\1/2\ hours under the control of the majority 
manager.
  I further ask unanimous consent that the vote occur on adoption of 
the conference report at 6:30 p.m. and that paragraph 4 of rule XII be 
waived.
  As in executive session, I ask unanimous consent that immediately 
following the 6:30 p.m. vote on Monday, May 7, the Senate proceed to 
executive session to consider Calendar No. 39, the nomination of John 
Robert Bolton to be Under Secretary of State for Arms Control and 
International Security, and there be 3 hours of debate equally divided 
as follows: 30 minutes under control of the chairman, 30 minutes under 
the control of the ranking member, 60 minutes under control of Senator 
Dorgan, 30 minutes under the control of Senator Feinstein, and 30 
minutes under the control of Senator Kerry.
  I further ask unanimous consent that following the use of time the 
Senate proceed to vote at 9:30 a.m. on Tuesday, May 8, on the 
confirmation of Mr. Bolton, and following the vote, the President be 
immediately notified of the Senate's action, the motion to reconsider 
be laid upon the table, and the Senate immediately resume legislative 
session.
  Finally, I ask unanimous consent that when the Senate resumes 
consideration of S. 1 at 10 a.m. on Friday, the next amendment to be in 
order be offered by Senator Craig regarding ESEA funding, and the next 
amendment in order for the minority side of the aisle be an amendment 
by Senator Kennedy, or his designee, and that any votes ordered with 
respect to these amendments occur in a stacked sequence after the 6:30 
vote on Monday, with no second degrees in order, and 2 minutes prior to 
each vote for explanation.
  I note that we are not sure which amendment Senator Kennedy or the 
Democrats will want to go with in the morning. It could be Senator 
Murray, Senator Wellstone, or some other amendment. I believe you will 
work that out during the vote, and we will need to be notified, of 
course, of which one it will be and its substance.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. Mr. President, reserving the right to object, I would 
like to ask the majority leader, is there any way that he could 
postpone this vote until Tuesday morning? I will not be here Monday 
evening. There is no way I can be here. I haven't missed a vote this 
year.
  Mr. LOTT. If the Senator will withhold one moment, I believe Senator 
Byrd has a question, too, and then I will come back to the Senator in a 
minute.
  Mr. BYRD. I thank the leader. Mr. President, I am very much opposed 
to lining up votes, stacking votes, and I am constrained to object to 
stacking votes. I don't think that is a good way to do business in the 
Senate. I have bitten my tongue many times and did not object. I think 
I should put both leaders on notice, if I may use that kind of

[[Page S4231]]

language, that I am going to be a little tougher to deal with when it 
comes to stacking votes in the future than I have been in the past. I 
don't think it is a good idea. I don't think Senators know what they 
are voting on.
  We ought to be here and be ready to vote. I know the problems of both 
leaders. I know them well. I am not going to object in this instance, 
but I want to put the Senate on notice that I will have a more 
difficult time in the future voting for sequential amendments in a 
stacked order. I will not object at this time.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. Reserving the right to object.
  Mr. LOTT. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. LOTT. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, I appreciate Senator Daschle working with 
me. Senator Daschle and I have been talking about ways we could 
accommodate as many Senators as possible. It is often difficult because 
a lot of us have very important responsibilities. But we also have a 
responsibility to pass education amendments, a budget resolution, and 
nominations. So I will modify the unanimous consent request in this 
way, without at this point changing the time.
  If any time on the budget resolution should be yielded back on 
Monday, we could go back at that point to the education bill, and at 
that time if there are other amendments that could be offered--and I 
presume there would be two--then we would get an agreement as to when 
they would be voted on, realizing that Senator Byrd would not want to 
have a stacked sequence of multiple votes. That way, we can get more 
education work done Monday. I encourage those who will be handling the 
budget to consider doing that, if at all possible. Senator Daschle 
suggested perhaps that will work.

  I modify my earlier request to change the stacked votes of the two 
amendments that will be offered tomorrow, if votes are required, and 
the budget resolution at 9:30 a.m. on Tuesday.
  Mr. DASCHLE. Plus the Bolton nomination.
  Mr. LOTT. The Bolton nomination is already in the request at 9:30 
a.m.
  Mr. CONRAD. Reserving the right to object.
  Mr. SHELBY. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I ask the majority leader, to understand 
the steps we are going through, is the majority leader saying to the 
Senate we will postpone the 5:30 p.m. or 6:30 p.m. vote on Monday until 
Tuesday morning?
  Mr. LOTT. Tuesday morning at 9:30. I believe that will cause the 
sacrifice of other Senators, but that is what it provides. The votes 
will be at 9:30 a.m. instead of 6:30 p.m. on Monday.
  Mr. CONRAD. Mr. President, reserving the right to object.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Is there an understanding on Tuesday morning there will 
be time for both sides to sum up before the vote on the budget?
  Mr. LOTT. I believe the UC provides for 2 minutes prior to each vote 
for final explanation of the vote about to occur.
  Mr. CONRAD. I thank the leader.
  The PRESIDING OFFICER. Is there objection to the request as modified?
  Mr. KENNEDY. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. I do not intend to object. As the leader has pointed 
out, we have been on this bill for some time. We are prepared to move 
ahead tomorrow and on Monday. There are a number of amendments. We are 
prepared to go through Tuesday evening or Wednesday evening or Thursday 
evening, but I hope we will not be put in the position later on, since 
we have been on this bill for some time, where we have to come to a 
vote, denying Members the opportunity to offer their amendments.
  I wanted to put that in the Record at this time because we are 
prepared to move ahead. We are glad to accommodate the leadership, but 
we have additional amendments that are extremely important. I want to 
make it very clear, I want to make sure people are going to be fairly 
treated. I am glad to accommodate others, but I want to make sure those 
who are going to offer amendments will be accommodated. There is no 
reason not to think so tonight. I just felt compelled to raise that.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. Mr. President, I understand that. That is why I want us to 
make progress and try to make progress on Monday. Certainly the Senate 
should be prepared to go into the evening Tuesday, Wednesday, and 
Thursday, to complete this important legislation.
  Senators need to cooperate with the managers and be prepared to offer 
amendments tomorrow, Monday afternoon, and Tuesday night because what 
will happen is, we are all busy and when we get to next Thursday, when 
we need to start wrapping it up, Senators will say: I didn't have a 
chance.
  They have their chance. I hope both sides will talk to the managers 
and be prepared to offer their amendments.
  The PRESIDING OFFICER. Is there objection to the request as modified?
  Mr. DASCHLE. Reserving the right to object. For clarification, are we 
limited to two amendments tomorrow?
  Mr. LOTT. Under this agreement, it specifies two, but I see no reason 
why we cannot do more if it can be worked out.
  Mr. DASCHLE. I modify the UC request that two or more amendments be 
offered tomorrow and that those amendments be accommodated.
  Mr. LOTT. That is a good idea, Mr. President. I support that although 
noting we specify the first two that will be in order and we should go 
beyond that if at all possible.
  The PRESIDING OFFICER. Is there objection to the request as further 
modified?
  Mr. CONRAD. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Mr. President, two questions. One, we had people on this 
side ask for a little more time on Tuesday morning--we have at least 5 
minutes on the budget--given the importance of it.
  No. 2, is there an order to the votes on Tuesday morning?
  Mr. LOTT. Mr. President, first of all, I modify the request that we 
extend the time on the budget to 5 minutes instead of 2 for the others. 
The order will be: Budget, the two education amendments, with the Craig 
amendment first, then Senator Kennedy, or designee, and then the Bolton 
nomination.
  Mr. CONRAD. Might I request that given the importance of the budget, 
in terms of the sequence, there be at least one amendment preceding it 
so people are here to actually hear the debate?
  Mr. LOTT. Mr. President, let's modify it to do the Bolton vote first, 
and then we will go to the budget vote after that.
  The PRESIDING OFFICER. Is there objection to the request as so 
modified?
  Without objection, it is so ordered.
  Mr. LOTT. Mr. President, would you repeat that unanimous consent back 
to me?
  (Laughter.)
  Mr. LOTT. Just kidding, Mr. President. I think we all have it.


                           Amendment No. 361

  The PRESIDING OFFICER. The Chair advises the Senate that there are 2 
minutes equally divided on the Jeffords amendment.
  Who yields time?
  Mr. JEFFORDS. Mr. President, I yield myself 1 minute.
  This is the Jeffords test trigger amendment. Under the bill, grades 3 
through 8 will have to be tested by each State. The Federal Government 
is supposed to fund the cost of those tests. The amendment merely says 
if there is no money, there is no test, at least for that year.
  This is to prevent the States from being placed in a position of 
having no money and having to administer very expensive tests.
  Mr. DASCHLE. Mr. President, I ask the senior Senator from Vermont

[[Page S4232]]

whether he requires a rollcall vote or if he will accept a voice vote.
  Mr. JEFFORDS. I want a rollcall vote.
  Mr. KENNEDY. I ask for the yeas and nays.
  The PRESIDING OFFICER. The yeas and nays have been ordered. Do 
Senators yield back there time?
  Mr. JEFFORDS. I yield back the remainder of my time.
  Mr. KENNEDY. I yield back our time.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
361. The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 93, nays 7, as follows:

                      [Rollcall Vote No. 90 Leg.]

                                YEAS--93

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--7

     Gramm
     Helms
     Inhofe
     Kyl
     Smith (NH)
     Thompson
     Thurmond
  The amendment (No. 361) was agreed to.
  Mr. DODD. Mr. President, I move to reconsider the vote.
  Mr. GRAMM. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 365

  The PRESIDING OFFICER. There are now 2 minutes equally divided before 
the vote on the Dodd amendment.
  Mr. DODD. Mr. President, the cosponsor of this amendment, Senator 
Collins of Maine, and I, think we made such a convincing argument 
during the hour and a half debate that we will yield our 2 minutes, and 
we ask for the immediate vote on this amendment.
  The PRESIDING OFFICER. All time has been yielded. The question is on 
agreeing to the amendment. The yeas and nays have been ordered, and the 
clerk will call the roll.
  The assistant legislative clerk called the roll.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 79, nays 21, as follows:

                      [Rollcall Vote No. 91 Leg.]

                                YEAS--79

     Akaka
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Boxer
     Breaux
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Roberts
     Rockefeller
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--21

     Allard
     Bond
     Brownback
     Bunning
     Craig
     Enzi
     Frist
     Gramm
     Gregg
     Helms
     Inhofe
     Kyl
     Lott
     Murkowski
     Nickles
     Santorum
     Smith (NH)
     Thomas
     Thompson
     Thurmond
     Voinovich
  The amendment (No. 365) was agreed to.
  Mr. DODD. Mr. President, I move to reconsider the vote.
  Ms. COLLINS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DODD. Mr. President, I ask unanimous consent that the amendment 
just agreed to, the Dodd-Collins amendment, be modified to conform to 
the Jeffords-Kennedy pending substitute amendment.
  The PRESIDING OFFICER. Without objection, it so ordered.

                          ____________________