[Congressional Record (Bound Edition), Volume 147 (2001), Part 1]
[Senate]
[Pages 144-145]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          PRINTING OF MATERIAL

  Mr. REID. Mr. President, I ask unanimous consent that a colloquy 
between Senators Daschle and Lott regarding S. Res. 8, the organizing 
resolution passed by the Senate last Friday, be printed in today's 
Record, and that the permanent Record be corrected to provide for its 
inclusion with the resolution when it passed the Senate last Friday.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The material ordered to be printed in the Record is as follows:


                          SENATE ORGANIZATION

  Mr. DASCHLE. The resolution just agreed to represents an honorable 
compromise between the two parties on how best to organize the Senate 
in the 107th Congress. It was agreed to only after extensive 
negotiations between the two leaders, and after thorough consultation 
with all Senators. Although there were difficult issues presented, and 
the two sides approached those issues from very different points of 
view, in the end we were able to reach an agreement that, we hope, will 
allow the Senate to take up and act on the Nation's business in a 
bipartisan manner. In the meantime, we both agree that this situation 
is new ground and some things may have been overlooked in the crafting 
of this resolution. I would therefore acknowledge that there may be an 
additional need to revisit this issue at a later date.
  Mr. LOTT. I concur with the assessment of the majority leader, 
Senator Daschle. The unique circumstances presented by this historic 
50-50 Senate created significant challenges in organizing the Senate, 
and those circumstances required both sides to compromise. Having both 
met with our respective conferences, we both have discovered the 
potential need in the future to revisit some of the items contained in 
this agreement. I think it is fair to say that we will deal with the 
new issues in good faith as they arise. After a great deal of effort, 
Senator Daschle and I have found a way to, in essence, meet half way. 
That is what this resolution does.
  Mr. DASCHLE. I will briefly describe the provisions of the 
resolution.
  First, it provides that the membership of Senate committees will be 
equally divided between the two parties, and that, consistent with a 
separate resolution passed on January 3, 2001, all committees will be 
chaired by Republican Senators beginning at noon on January 20.
  Second, the resolution provides that committee budgets and office 
space will be divided equally, subject to the customary set-asides for 
administrative expenses and so-called non-designated staff. It is our 
expectation that the details of those arrangements will be negotiated 
and agreed to by the respective chairman and ranking members of the 
committee, in consultation with other members of each committee. It 
will also be left to the committees, as is customary at the beginning 
of each new Congress, to agree to committee rules of procedure.
  Further, the resolution provides that committee administrative 
expenses may be increased where necessary, but that the total 
administrative expense allocation for all committees shall not exceed 
historic levels. I would add that my understanding of this provision is 
that it will result in little or no net increase in the total amounts 
spent by committees on administrative expenses.
  Third, it provides, in the case of a tie vote in committee on a bill 
or nomination, that either leader may move to discharge the committee, 
and that after 4 hours of debate, equally divided, the Senate proceed 
to vote on the motion to discharge. If the motion is agreed to, the 
bill or nomination would be placed on the calendar. Similarly, in the 
case of a tie vote in a subcommittee on a legislative item or 
nomination, the resolution authorizes the committee chairman to 
discharge the subcommittee and place the legislative item or nomination 
on the full committee agenda.
  Fourth, the resolution provides that no cloture motion shall be filed 
by either party except to bring to a close debate, and that in no case 
shall cloture be filed before the expiration of 12 hours of debate.
  Fifth, it stipulates that it shall continue to be considered the 
prerogative of the majority leader to make motions to proceed--although 
the resolution does not affect the existing right of every Senator to 
make a motion to proceed if he or she chooses to do so.
  Sixth, it provides that in scheduling and debating all legislative 
and executive business in the Senate, both leaders shall seek to attain 
an equal balance of the interests of the two parties.
  Finally, it provides that should either party attain a majority of 
the whole number of Senators during the 107th Congress, a new 
organizing resolution would be required. I would add that it is the 
expectation of the two leaders that if the ratio in the full Senate 
changes to 51-49, then a resolution instituting one-seat margins in all 
committees would be necessary.
  That summarizes the basic provisions of the resolution. Does the 
distinguished Republican leader wish to comment?
  Mr. LOTT. The majority leader has described the resolution 
accurately. I

[[Page 145]]

would add only that it is my hope and expectation that tie votes in 
committee will be the exception and not the norm in this Congress, and 
that the discharge provisions of the resolution will rarely if ever 
have to be used. Given the unique nature of this 50-50 Senate, and the 
closely-divided nature of the country, it is my hope that committee 
chairmen and ranking members will strive to achieve strong, bipartisan 
majorities for all legislation and nominations considered in their 
committees, and that all Senators will work together in that spirit. 
Senator Daschle and I agree that this represents the wisest approach 
and will give us the best chance of success in addressing the needs of 
the American people.
  With respect to the ratios of members on conferences, we both 
understand that under previous Senate practices, those ratios are 
suggested by the majority party and if not acceptable by the minority 
party, their right to amend and debate is in order. We both agree that 
the intention of this resolution is not to alter that practice and this 
resolution does not serve to set into motion any action that would 
alter that practice in any way. The two leaders agree to work together 
to ensure that conferees are appointed in a fair and bipartisan manner.
  Mr. DASCHLE. In addition to the provisions just discussed, the 
distinguished Republican leader and I have reached understandings on 
several related matters, which I believe he would like to describe.
  Mr. LOTT. The Senator is correct; we have reached understandings on 
the following related issues.
  First, I have discussed with the majority leader concerns that have 
been raised about the floor procedure known as ``filling the amendment 
tree.'' Senator Daschle and I appreciate and understand those concerns, 
and we wish to assure Senators that it is our intention that the Senate 
have full and vigorous debates in this 107th Congress, and that the 
right of all Senators to have their amendments considered will be 
honored. We have therefore jointly agreed that neither leader, nor 
their designees in the absence of the leader, will offer consecutive 
amendments to fill the amendment tree so as to deprive either side of 
the right to offer an amendment. We both agree that nothing in this 
resolution or colloquy limits the majority leader's right to amend a 
nonrelevant amendment nor does it limit the sponsor of that nonrelevant 
amendment from responding with a further amendment after the majority 
leader's amendment or amendments are disposed of.
  Second, we have agreed that the two parties will have equal access to 
common space in the Capitol complex for purposes of holding meetings, 
press conferences, and other events.
  Finally, we have agreed that henceforth the duties of presiding 
officer of the Senate, now under the control of the majority party, 
will be shared in part by the minority party.
  Mr. DASCHLE. I appreciate the remarks of the distinguished Republican 
leader. I also want to assure him that during the 17 days in which 
Democrats will hold the majority, we intend to operate in the most 
bipartisan manner possible. As I have said before, in a 50-50 Senate, 
bipartisanship is not just an option, it's a requirement. This 
resolution enables the Senate to get to work immediately on the 
Nation's business--including nomination hearings, some of which have 
already begun. I thank my friend the Republican leader, and all Members 
of the Senate, for their cooperation and good faith in allowing us to 
reach agreement on this important measure. I yield the floor.

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