OF TIME, I CAME TO HAVE GREAT ADMIRATION AND RESPECT FOR
           SENATOR CHAFEE. I CAN ONLY IMAGINE THE GREAT SENSE OF GRIEF
           THAT MY COLLEAGUES WHO HAVE KNOWN HIM FOR MANY MORE YEARS, FOR
           SOME PEOPLE WHO HAVE KNOWN HIM SEVERAL DECADES, HOTHEY FEEL ON
           HIS PASSING. OF ALL THE PEOPLE I HAVE KNOWN IN MY LIFETIME, I
           HAVE TO SAY THAT SENATOR CHAFEE HAD MORE EVER AN AURA OF

           GOODNESS, OF KINDNESS, EVER GENTLENESS, AND OF FINENESS THAN
           JUST ABOUT ANYBODY I HAD EVER ENCOUNTERED IN MY LIFE. IN MANY
           WAYS HE WAS A QUINTESSENTIAL NEW ENGLANDER. HE WAS MODEST. HE
           WAS OFTEN TACITURN. HE DID NOT COMPLAIN ABOUT THE HEALTH
           PROBLEMS HE HAD IN THE LAST FEW MONTHS -- IN FACT HE WISHED TO
           NOT TALK ABOUT THAT. HE WAS VERY HARD WORKING. OTHERS HAD
           SPOKEN ABOUT HIS DISTINGUISHED CAREER IN THE SENATE, AS

           GOVERNOR OF RHODE ISLAND, AND AS OUR SECRETARY OF THE NAVY. BUT
           FOR ALL OF US WHO KNEW HIM PERSONALLY, HE WAS A GREAT AND FINE
           GENTLEMAN. HE HE EMBODIED THE BEST OF HIS STATE, OF HIS REGION,
           OF OUR COUNTRY, AND CERTAINLY OF THIS INSTITUTION. AND I JUST
           WANTED TO SAY NOW THAT I WANTED TO THANK JOHN CHAFEE FOR THE
           WARM WELCOME HE GAVE ME AS A FRESHMAN SENATOR COMING INTO THIS
           BODY. I REGRET THAT I DID NOT HAVE THE CHANCE TO THANK HIM

           WHILE HE WAS STILL WITH US. WE USED TO SHARE THE ELEVATOR RIDES
           AFTER WE VOTED TOGETHER, WE WERE ON THE 5TH FLOOR OF THE
           DIRKSEN BUILDING TO THE, AND WE WOULD BE RIDING UP TO THAT TOP
           FLOOR TOGETHER AFTER PRACTICALLY EVERY ROLL CALL IN THE SENATE.
           AND I GOT TO KNOW SENATOR CHAFEE QUITE WELL IN THE LAST FEW
           MONTHS. HE WAS ALWAYS VERY KIND AND INTERESTED IN ME AS A
           TREASURY MAN. WAS ALWAYS OFFERING TO HELP. WHEN I TOOK A TRIP
           EARLIER THIS YEAR TO GIVE A SPEECH IN RHODE ISLAND HE WANTED TO

           KNOW BEFORE EXACTLY WHERE I WAS GOING, MY EYE CONTINUE RATHER
           IN HIS STATE AND QUIZZED ME ABOUT THE EVENT AFTERWARD. HE WAS A
           KIND MAN. HE WAS A THEODORE ROOSEVELT REPUBLICAN WHO IS
           CONCERNED ABOUT THE PRESERVATION OF OUR ENVIRONMENT AND E.
           ENHANCING IT FOR FUTURE GENERATIONS, AND HE DID A MARVELOUS JOB
           AS CHAIRMAN OF THE ENVIRONMENT COMMITTEE. SO ON THAT I JUST
           WANT TO EXPRESS MY CONDOLENCES TO HIS WIFE, VIRGINIA, HIS FIVE
           CHILDREN, AND MOST ESPECIALLY TO HIS STAFF. SENATOR CHAFEE'S

           OFFICE IS RIGHT NEXT DOOR TO MY OFFICE IN THE DIRKSEN BUILDING,
           AND I KNOW THAT HE HAD A VERY LOYAL STAFF THAT LOVED HIM
           DEARLY. MANY OF HIS LEGISLATIVE ASSISTANTS HAD BEEN WITH HIM
           FOR TEN YEARS OR MORE, WHICH WE SPEAKS THE SENSE OF LOYALTY
           THAT THEY, AND AFFECTION THAT THEY HAD FOR HIM. I KNOW THAT
           THEY HAVE SUFFERED A GREAT LOSS, AND WE WANT TO EXTEND OUR
           CONDOLENCES TO THEM. JOHN CHAFEE WILL BE MISSED BY ME AND BY
           ALL OF US HERE, BY THE GREAT STATE OF RHODE ISLAND AND BY OUR

           COUNTRY. THANK YOU VERY MUCH, MR. PRESIDENT. AND I YIELD THE
           FLOOR.
           

           THE PRESIDING OFFICER: UNDER THE PREVIOUS ORDER, THE SENATOR
           FROM NEVADA IS RECOGNIZED.
           

           MR. REID: I EXTEND MY APPRECIATION TO THE CHAIR AND WOULD LIKE
           TO YIELD TO THE MINORITY LEADER WITH THE AGREEMENT THAT I WOULD
           HAVE THE FLOOR AFTER HE COMPLETES HIS STATEMENT.
           

           THE PRESIDING OFFICER: THE MINORITY LEADER. WITHOUT OBJECTION.
           

           MR. DASCHLE: I THANK MY COLLEAGUE, THE ASSISTANT DEMOCRATIC
           LEADER FOR HIS -- HIS WILLINGNESS TO ALLOW ME THE OPPORTUNITY
           TO TALK A LITTLE BIT MORE ABOUT WHY WE'RE HERE. WE'RE STALLED
           FOR ONE REASON. THE MAJORITY LEADER HAS AGAIN, FOR NOW THE
           NINTH TIME, HAS AGAIN FILLED THE TREE PRECLUDING 45 DEMOCRATS
           FROM OFFERING AMENDMENTS. THAT'S WHY WE'RE HERE. NINE TIMES, SO

           FAR THIS YEAR, THE MAJORITY LEADER HAS SAID WELL, WE'RE GOING
           TO DECIDE WHICH AMENDMENTS ARE OFFERED, WE'RE GOING TO DECIDE
           WHICH AMENDMENTS ARE PASSED, WE'RE GOING TO DECIDE WHAT KIND OF
           ROLE YOU AS UNITED STATES SENATORS OUGHT TO HAVE. BUT WE'LL
           TELL YOU THIS, YOU'RE NOT GOING TO BE ABLE TO OFFER AMENDMENTS.
           WE'RE GOING TO DECIDE, IN OTHER WORDS, WHETHER TO GAG YOU AND
           TO LOCK YOU OUT OF THE LEGISLATIVE PROCESS YOU WERE ELECTED TO

           COME TO DO. IT BEGAN ON MARCH 8 OF 19990 ON THE SO-CALLED
           EDUCATION FLEXIBILITY ACT. THE BILL WAS OFFERED, THE MAJORITY
           LEADER WAS RECOGNIZED, AND THE TREE WAS FILLED, LOCKING OUT
           EVERY SINGLE DEMOCRAT THEIR RIGHT TO OFFER AMENDMENTS TO THE
           EDUCATION FLEXIBILITY ACT. HE CHOSE TO DO IT AGAIN ON APRIL 22,
           THE SOCIAL SECURITY LOCKBOX. HE SAID WE'RE GOING TO HAVE AN UP
           OR DOWN VOTE. IT IS GOING TO BE OUR LOCKBOX OR NONE AT ALL. WE
           SAID WHAT ABOUT MEDICARE?

           WHAT ABOUT HOCKING UP THE MEDICARE TRUST FUND?
           THEY SAID NO, YOU CAN'T OFFER THAT AMENDMENT. WE'RE GOING TO
           FILL THE TREE, PRECLUDE YOU FROM OFFERING AMENDMENTS ON THE
           SOCIAL SECURITY LOCKBOX, AND AGAIN THE ISSUE WAS SHELVED. ON
           APRIL 27, 1999, THE Y2K ACT. AN EXTREMELY COMPLEX AND VERY
           DIFFICULT ISSUE. THE MAJORITY LEADER COMES TO THE FLOOR, FILLS

           THE TREE, PRECLUDES DEMOCRATIC AMENDMENTS AND SAYS IT'S
           TAKE-IT-OR-LEAVE-IT. APRIL 30, AGAIN HE APPARENTLY TRY TOSS
           MAKE THE POINT THAT SOCIAL SECURITY LOCKBOX IS IMPORTANT TO
           REPUBLIC'S JUST AS LONG AS DEMOCRATS DON'T HAVE THE OPPORTUNITY
           TO OFFER AN AMENDMENT. AGAIN WE SAID WE'D LIKE TO OFFER AN
           AMENDMENT ON MEDICARE AND AGAIN OUR REPUBLICAN COLLEAGUE SAID
           IT'S OUR BILL OR NO BILL. AT THAT POINT IT WENT FROM BECOMING

           THE REPUBLICAN LOCKBOX TO, AS OUR COLLEAGUE FROM MARYLAND,
           SENATOR MIKULSKI SAID THIS MORNING, THE REPUBLICAN SQUAWK BOX.
           JUNE 15, 1999, THE SQUAWK BOX WAS DEBATED AGAIN. AGAIN THE
           MAJORITY LEADER OFFERED THE BILL, FILLED THE TREE, PRECLUDED
           DEMOCRATIC AMENDMENTS, AND THE LOCKBOX WAS SHELLED. ON JULY 16,
           REPUBLICANS USED THE SQUAWK BOX APPROACH AGAIN, CLAIMING TO BE

           INTERESTED IN GETTING THE BILL PASSED, PRECLUDING DEMOCRATIC
           AMENDMENTS ON MEDICARE. ON JUNE 16, IN A SIMILAR SITUATION, WE
           DID IT AGAIN. I SHOULD SAY THEY DID I AGAIN. AND THEN, NOW, ON
           SEPTEMBER 21, THE MOST RECENT EFFORT BY THE MAJORITY LEADER AND
           THE MAJORITY TO LOCKOUT DEMOCRATIC AMENDMENTS, ONCE AGAIN THEY
           FILLED THE TREE, PRECLUDE WILLING DEMOCRATIC AMENDMENTS. I ONLY

           RECITE THE LITANY OF OCCASIONS WHEN THE MAJORITY LEADER FILLED
           THE TREE -- AND FOR THOSE WHO ARE NOT FAMILIAR WITH
           PARLIAMENTARY JARGON, THAT'S SIMPLY A REFERENCE TO A PROCEDURE
           THAT SOMEBODY CAN USE TO OFFER AMENDMENTS AND THEREBY FILL ALL
           THE SLOTS A BILL MIGHT HAVE PENDING THAT WOULD ENTITLE A
           SENATOR TO OFFER AN AMENDMENT. THAT'S WHAT FILLING THE TREE IS
           ALL ABOUT. THAT'S BEEN DONE NOW ON NINE SEPARATE OCCASIONS. AND

           THE SAD THING ABOUT IS IT BEING DONE ON THIS BILL IS THAT IT
           PLAYS RIGHT INTO THE HANDS OF THE OPPONENTS OF THE LEGISLATION.
           THE APPOINTMENTS ARE VERY GRATEFUL TO SENATOR LOTT AND THE
           MAJORITY FOR FILLING THE TREE, BECAUSE IT CERTAINLY MAKES IT
           EASY. IT TURNS THE I SHALL EYE AWAY FROM WHETHER OR NOT ONE
           SUPPORTS C.B.I. TO WHETHER OR NOT ONE SUPPORTS A SENATOR'S

           RIGHT TO BE A FULL PARTICIPANT IN THIS SENATE CHAMBER ON THIS
           OR ANY OTHER BILL. IS CEASES TO BECOME -- A MATTER AFTER
           SENATOR'S RIGHTS. I KNOW THIS IS ONE OF THE HIGHEST PRIORITIES
           FOR THE ADMINISTRATION, BECAUSE I THINK THIS LEGISLATION IS
           LANGUISHED TOO LONG, BECAUSE I THINK THERE IS A REAL CHANCE WE
           CAN GET THIS LEGISLATION PASSED AND SIGNED INTO LAW GOING INTO
           CONFERENCE WITH OUR HOUSE COLLEAGUES, I MADE AN OFFER YESTERDAY

           THAT WAS UNPRECEDENTED SINCE I'VE BEEN LEADER. I SAID TO THE
           MAJORITY LEADER THAT IF HE WOULD AGREE TO ALLOW US TO OFFER
           SOME OF THE AMENDMENTS CONTEMPLATED ON OTHER LEGISLATION THAT I
           WOULD BE PREPARED TO WORK WITH HIM TO TABLE AMENDMENTS ON THIS
           BILL. THAT'S REMARKABLE. AND IT WASN'T WITHOUT A GREAT DEAL OF
           CONCERN, PROTECTING SENATOR'S RIGHTS THAT I OFFERED THIS LATEST
           PROPOSAL. I DRAW A DISTINCTION BETWEEN PROTECTING A SENATOR'S

           RIGHT TO OFFER AN AMENDMENT AND SUPPORTING WHATEVER AMENDMENT A
           SENATOR CHOOSES TO OFFER. I TONIGHT HAVE TO SUPPORT AN
           AMENDMENT ON THIS PARTICULAR BILL. AS IMPORTANT AS SOME OF
           THESE ISSUES MIGHT BE. BUT I WILL FIGHT TO PROTECT EVERY
           SENATOR'S RIGHT TO OFFER IT. BUT THERE IS A VERY IMPORTANT
           CAVEAT HERE, AND I THINK IT NEEDS TO BE EMPHASIZED. I SAID WE
           MUST HAVE THE OPPORTUNITY TO AT LEAST OFFER THESE AMENDMENTS ON

           ANOTHER BILL. WE'VE GOT TO HAVE AN OPPORTUNITY, FOR EXAMPLE, TO
           OFFER MINIMUM WAGE ON THE BANKRUPTCY BILL WHEN IT COMES UP. THE
           MAJORITY AGAIN SAID "NO." THE PROBLEM -- THE PROBLEM THAT WE'VE
           SAID ON SO MANY OCCASIONS IS THAT THERE ARE THOSE ON THE
           MAJORITY SIDE WHO WANT THIS TO BE A SECOND HOUSE OF
           REPRESENTATIVES. THEY WANT THIS BODY TO ACT AND TO PROCEED AS

           IF IT WERE THE HOUSE OF REPRESENTATIVES. THAT'S THE PROBLEM.
           AND THE AMAZING IRONY IS THAT OUR REPUBLICAN COLLEAGUES NEVER
           DREAMED OF ASKING FOR THIS KIND OF PROCEDURAL CONSTRAINT, THIS
           KIND OF ENSLAVED APPROACH TO LEGISLATION WHEN THEY WERE IN THE
           MINORITY. THEY HAD TO TROUBLE OFFERING EXTRANEOUS AND --
           AMENDMENTS THAT WERE NOT NECESSARILY RELEVANT TO A PARTICULAR
           BILL WHEN THEY WERE IN THE MINORITY. OF COURSE NOT. AND THE

           AMAZING THING IS, DEMOCRATS NEVER INSISTED ON A PROCEDURAL -- A
           PROCEDURAL CONSTRAINT OF THE MAGNITUDE OUR REPUBLICAN
           COLLEAGUES ARE NOW DEMANDING. NEVER. WHY?
           BECAUSE WE HAD THE CONFIDENCE WHETHER A BILL CAME TO THE FLOOR,
           WE WOULD HAVE A GOOD DEBATE, WE TAKE ALL COMERS, TABLE
           AMENDMENTS WE DIDN'T SUPPORT, OFFER SECOND DEGREES ON
           AMENDMENTS WE THOUGHT COULD BE IMPROVED, WE USED ALL TOOLS
           AVAILABLE TO US AND THIS SENATE ACTED LIKE A SENATE. THIS

           SENATE ISN'T ACTING LIKE A SENATE TODAY. THIS IS A SHAM. THIS
           IS A TERRIBLE EXCUSE FOR THIS BODY. THIS SHOULD NOT HAPPEN. WE
           SHOULD NOT HAVE TO COME PLEADING FOR THE RIGHT TO DO WHAT WE
           WERE ELECTED TO DO. AND IT HAPPENS OVER AND OVER. ALMOST ONCE A
           MONTH THIS YEAR. I'M TELLING YOU, WE'RE LOSING SOME OF THE
           INSTITUTIONAL TRADITION HERE. WE'RE SEEING EROSION OF AN

           EXTRAORDINARILY IMPORTANT BODY AND THE RIGHTS INCORPORATED
           WITHIN THAT BODY. WHO TODAY COULD, WITHOUT SMILING, ARGUE THAT
           THIS IS THE MOST DELIBERATIVE BODY?
           WHO COULD SAY WITH A STRAIGHT FACE, YES, THIS IS STILL THE
           WORD'S MOST DELIBERATIVE BODY?
           I DARE SAY NO ONE COULD SAY THAT. THERE IS NOTHING DELIBERATIVE
           ABOUT THE SENATE TODAY. THEY WANT TO MAKE THIS A LEGISLATIVE

           ASSEMBLY LINE, YOU VOTE IT UP OR DOWN AND YOU MOVE IT ALONG.
           I'M SURPRISED WE DON'T HAVE A CON VER HERE SOMEWHERE ON THE
           LOWER PART OF THE FLOOR WHERE WE JUST KIND OF SAY YES AND NO,
           YES AND NO AS THESE CON VER BELT BILLS COME THROUGH, NO DEBATE,
           NO DELIBERATION, LESS MOVE THEM OUT. THAT ISN'T WHAT OUR
           FOUNDING FATHERS EXPECTED OF US. THEY EXPECTED MORE. THEY PUT
           THE RIGHT IN THE HANDS OF EVERY SENATOR TO SAY NO, LET'S SLOW

           DOWN ON THIS LEGISLATION. OR I WANT TO BE ABLE TO OFFER AN
           AMENDMENT. AND I DON'T CARE WHETHER IT IS A FARM BILL TO A
           PEACE TREATY. WE WANT TO HAVE THE OPPORTUNITY TO DELIBERATE IN
           THE MOST DELIBERATIVE BODY. RUBBER STAMPING DOESN'T WORK AROUND
           HERE. WE HAVE ONLY HAD A HANDFUL OF AMENDABLE VEHICLES. JUST A
           HANDFUL. THE RESPONSE OF THE MAJORITY LEADER TO MY OFFER
           SUGGESTS THAT THERE MAY NEVER BE ANOTHER AMENDABLE VEHICLE IN

           THIS SESSION OF CONGRESS. NO AMENDMENTS ON THIS BILL, NO
           AMENDMENTS ON ANY OTHER BILL. THAT'S WHAT THE REPUBLICANS WANT.
           AND THE RESULTS OF DOING BUSINESS THIS WAY IS REMARKABLE. WE
           TALK ABOUT A LEGISLATIVE LANDFILL -- I'M TELLING YOU, I'VE
           NEVER SEEN A LEGISLATIVE LANDFILL OF THE MAGNITUDE THAT WE HAVE
           TODAY. WE KEEP THROWING BILLS INTO
{END: 1999/10/28 TIME: 15-15 , Thu.  106TH SENATE, FIRST SESSION}