APPOINTMENTS WOULD TAKE PLACE UNLESS THE NAMES OF THE
           INDIVIDUALS WHO WERE CONSIDERED FOR RECESS APPOINTMENT WERE
           SUBMITTED IN WRITING IN SUFFICIENT TIME IN ADVANCE IN ORDER
           THAT THE MAJORITY OR MINORITY LEADER COULD TAKE SOME TYPE OF
           ACTION. FOR EXAMPLE, IF THEY WERE GOING TO HAVE SOMEONE RECESS
           APPOINTED FOR THE EXPRESSED PURPOSE OF AVOIDING THE ADVICE D
           CONSENT OF T SENATE, THEN THEY COULD JUST NOT GO INTO RECESS

           AND GO INTO PRO FORMA, WHERE WE COULD HAVE SOMEONE IN THE CHAIR
           ALL THE TIME TO MAKE SURE THAT DIDN'T HAPPEN. ALSO IT WAS AN
           OPPORTUNITY TO BE ABLE TO LOOK TO MAKE SURE THAT THEY WEREN'T
           DOING IT FOR THE EXPRESS PURPOSE OF AVOIDING ADVICE AND
           CONSENT. WELL, LAST MAY THERE WAS AN APPOINTMENT DURING THE
           RECESS OF JAMES HORMEL TO BE AMBASSADOR TO LUXEMBOURG. THERE
           WERE SEVERAL PEOPLE OPPOSED TO HIS APPOINTMENT AND HAD HOLDS ON
           HIS APPOINTMENT. THE MAJOR REASON WAS NOT THAT HE WAS A GAY

           ACTIVEIST BUT BECAUSE HE HAD NOT SUBMITTED THE FINANCIAL
           INFORMATION TO THE APPROPRIATE COMMITTEE FOR CONSIDERATION SO
           THE PRESIDENT WENT AHEAD AND APPOINTED HIM. CONSEQUENTLY AFTER
           THAT -- THAT WAS ALREADY DONE. THERE WAS NO ATTEMPT TO UNDO
           THAT APPOINTMENT EVEN THOUGH IT WAS CONTRARY TO THE
           CONSTITUTION. BUT I SENT A LETTER TO THE PRESIDENT ASKING HIM
           IF HE WOULD AGREE TO THE SAME THING THAT RONALD REAGAN AGREED
           TO BACK IN 1985. AND OF COURSE I DIDN'T GET A VERY FAVORABLE
           RESPONSE. HOWEVER, I SAID THAT IN THE EVENT THAT YOU DON'T DO

           THAT, I WILL PUT A HOLD ON EVERY NONDEFENSE OR NONMILITARY
           APPOINTMENT OR NOMINEE FROM THE PRESIDENT. AND I DID SO. AND
           THE WEEKS WENT BY AND FINALLY WE GOT A LETTER FROM THE
           PRESIDENT THAT SAID I AGREE WITH THE -- AND I WILL READ IT HERE
           -- "I SHARE YOUR OPINION THAT THE UNDERSTANDING REACHED IN 1985
           BETWEEN PRESIDENT REAGAN AND SENATOR BYRD CITED IN YOUR LETTER
           REMAINS A FAIR AND CONSTRUCTIVE FRAMEWORK WHICH MY
           ADMINISTRATION LL FOLLOW." I HAVE BEEN CONCERNED BECAUSE THIS
           PRESIDENT HAS A LONG HISTORY OF DOING THINGS THAT HE SAYS HE'S

           NOT GOING TO DO AND NOT DOING THINGS HE SAYS HE WILL DO. AND
           CONSEQUENTLY, I SENT A LETTER TO THE PRESIDENT WHICH IS -- I'VE
           ALREADY SUBMITTED TO THE RECORD THIS LAST WEDNESDAY THE. THE
           LETTER WAS DATED NOVEMBER 10 SIGNED BY MYSELF AND SOME 16, I
           BELIEVE, OTHER SENATORS THAT SAID THAT, TO MAKE SURE THAT YOU
           COMPLY WITH THE SPIRIT OF THIS AGREEMENT, THE LETTER THAT YOU
           HAVE SENT, WE ARE GOING TO SERVE NOTICE RIGHT NOW THAT IN THE
           EVENT YOU HAVE RECESS APPOINTMENTS THAT DO NOT COMPLY WITH THE

           SPIRIT OF THE LETTER THAT WE WILL PUT HOLDS ON ALL OF THE
           REMAINING -- FOR THE REMAINING OF THE TERM OF YOUR PRESIDENCY,
           ALL OF THE JUDICIAL NOMINEES. A VERY SERIOUS THING. I REPEATED
           THIS SEVERAL TIMES LAST WEDNESDAY TO MAKE SURE THERE IS NO
           MISUNDERSTANDING. SINCE THAT TIME THE WHITE HOUSE HAS
           COOPERATED AND SUBMITTED A LIST OF 13 NAMES. I WILL READ THESE
           NAMES IN THE POSITION FOR WHICH THEY ARE -- THEY HAVE BEEN
           NOMINATED. CLIFF STEWART, E.E.O.C. DELMAN JUAN, COMMERCIAL OF

           THE FEDERAL MARITIME COMMISSION. LOUISE LARADO, DEVELOPMENT
           BANK BANK. MARK SNYDER, PEACE CORPS. FRANK HOL LIMAN, DEPUTY
           SECRETARY OF EDUCATION. MIKE WALKER, VETERANS ADMINISTRATION.
           MR. JEFFORDS, WHOSE FIRST NAME I DON'T HAVE HERE. JEFFERS, FOR
           THE PEARL COMMISSION. BILL LANN LEE, ASSISTANT ATTORNEY GENERAL
           FOR THE CIVIL RIGHTS. SALLY KATZEN, DEPUTY DIRECTOR OF O.M.B.
           JOHN HOLLUM, UNDERSECRETARY FOR ARMS CONTROL AND INTERNATIONAL

           SECURITY OF THE DEPARTMENT OF SECURITY. CARL SPELVOLGOVEL AM
           BATS DOR TO THE SLOVAK REPUBLIC AND JAY JOHNSON, NOMINEE FOR
           THE U.S. MINT. THERE ARE -- OF THIS LIST OF 13, THERE ARE FIVE
           WHO HAVE EITHER THERE ARE HOLDS ON THEM OR THERE ARE INTENDED
           HOLDS ON THESE INDIVIDUALS. CONSEQUENTLY, I WOULD MAKE THE
           STATEMENT AT THIS TIME -- AND I THINK IT'S VERY IMPORTANT THAT
           THE RECORD REFLECT THIS ACCURATELY AND THAT EVERYONE

           UNDERSTANDS IT THOROUGHLY -- THAT ANYONE OTHER THAN THE NAMES
           THAT I WILL READ OFF -- CLIFF STEWART, DELMAN JUAN, CLIFF PAGE,
           MARK SNYDER, FRANK HOLLERMAN, MIKE WALKER AND MR. JEFFERS. IF
           THERE ARE ANY NAMES THAT ARE SUBMITTED TO BE CONFIRMED DURING
           THIS RECESS, RECESS APPOINTMENTS, WE, THE UNDERSIGNED, SIGNED
           THE LETTER ON THE 10TH OF THIS MONTH, WILL PUT A HOLD ON EVERY

           JUDICIAL NOMINEE THAT COMES BEFORE THE UNITED STATES SENATE
           DURING THE ENTIRE REMAINDER OF THE TERM OF PRESIDENT CLINTON. I
           WANT TO REPEAT THAT BECAUSE I THINK IT'S VERY IMPORTANT. ANY
           NAME OTHER THAN THESE EIGHT NAMES THAT I JUST READ OFF THAT IS
           RECESS APPOINTED, IF ANYONE OTHER THAN THESE EIGHT INDIVIDUALS
           ARE RECESS APPOINTED, WE WILL PUT A HOLD ON EVERY SINGLE
           JUDICIAL NOMINEE OF THIS PRESIDENT FOR THE REMAINDER OF HIS
           TERM OF OFFICE. PRESIDENT CLINTON. THAT MEANS SPECIFICALLY WE

           WOULD NOT AGREE TO BILL LANN LEE, SALLY KATZEN, JOHN HOLLUM,
           CARL SPEILVOLGAL AND JAY HOLTZMAN. I WILL CONCLUDE WITH THAT
           BUT I WANT TO REEMPHASIZE THAT IF THERE IS SOME OTHER
           INTERPRETATION, IT DOESN'T MAKE ANY DIFFERENCE. WE'RE IS STILL
           GOING TO PUT THE HOLDS ON IT AND I WANT TO MAKE SURE THERE IS A
           CLEAR UNDERSTANDING SO WHEN THESE NOMINEES COME IN IF HE DOES
           VIOLATE THE INTENT AS WE INTERPRET IT, WE WILL HAVE HOLDS ON
           THESE NOMINEES. I YIELD THE FLOOR. I SUGGEST THE ABSENCE OF A
           QUORUM.
           

           THE PRESIDING OFFICER: THE CLERK WILL CALL THE ROLL.
           
           
           
           QUORUM CALL:
           

           THE PRESIDING OFFICER: THE MAJORITY LEADER.
           

           MR. LOTT: MR. PRESIDENT, I Z THE QUORUM CALL BE DISPENSED WITH.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. LOTT: MR. PRESIDENT, WHAT IS THE PENDING BUSINESS?
           
           

           THE PRESIDING OFFICER: THE CLERK WILL REPORT THE PENDING
           BUSINESS.
           

           THE CLERK: CALENDAR NUMBER 109, S. 625, A BILL TO AMEND TITLE
           11, UNITED STATES CODE AND FOR OTHER PURPOSES.
           

           MR. LOTT: THE SENATE HAS BEEN CONSIDERING THIS BANKRUPTCY BILL
           AS THE MAIN SENA BUSINESS SINCE NOVEMBER 4, 1999, AFTER A
           FAILED CLOTURE VOTE IN SEPTEMBER. THERE HAVE BEEN DOZENS OF
           VOTE CONDUCTED WITH RESPECT TO THIS ISSUE, AND YET THERE ARE
           STILL AT LEAST A DOZEN AMENDMENTS PENDING TO BE OFFERED,
           DEBATED AND VOTED UPON. IT'S WITH THIS IN MIND THAT I NEED TO
           FILE THIS CLOTURE MOTION ON THE BILL IN ORDER TO ENSURE THAT WE
           GET A FINAL VOTE AND THAT THAT BE AVAILABLE WHEN WE COME BACK

           AFTER THE FIRST OF THE YEAR. A LOT OF GOOD WORK HAS BEEN DONE
           ON THIS BILL ON BOTH SIDES BY THE MANAGERS OF THE LEGISLATION.
           A NUMBER OF SENATORS HAVE WORKED ON IT -- SENATOR GRASSLEY,
           SENATOR HATCH ON OUR SIDE, SENATOR SESSIONS ON THE OTHER DE,
           SENATOR TORRICELLI, THE RANKING MEMBER HAS BEEN INVOLVED,
           SENATOR LEAHY'S WORKED ON THIS. SO THERE'S A LOT OF WORK THAT
           HAS BEEN DONE AND A LOT OF RELEVANT AMENDMENTS THAT HAVE BEEN
           VOTED ON. AND SENATOR REID, I WANT TO PARTICULARLY NOTE HIS
           GOOD WORK, BECAUSE HE BEGAN WITH, I DON'T KNOW, PROBABLY OVER

           100 AMENDMENTS. AND IT WAS -- 300 AMENDMENTS. I NEVER QUITE
           UNDERSTAND HOW THE FERTILE MINDS OF THE SENATE CAN BE SO
           PRODUCTIVE AND PRODUCE 300 AMENDMENTS ON A BILL LIKE THIS
           THAT'S ALREADY BEEN MARKED UP IN COMMITTEE. THEN HE GOT IT DOWN
           TO 36, AND IT CONTINUED TO BE NARROWED. I HOPE THAT WHEN WE
           COME BACK AFTER THE FIRST OF THE YEAR THAT SOMETHING CAN BE
           WORKED OUT WHERE IT WON'T BE NECESSARY TO GO FORWARD WITH THIS,
           BUT I DO FEEL LIKE THERE'S A NECESSARY TO HAVE THIS PROTECTION
           SO THAT WE WILL HAVE THIS OPTION OF CLOTURE SO WE CAN COMPLETE
           THE BILL. THERE'S NO OTHER WAY TO DO IT WHEN WE COME BACK AFTER

           THE FIRST OF THE YEAR. SO I SEND A CLOTURE MOTION TO THE DESK.
           

           THE PRESIDING OFFICER: THE CLERK WILL REPORT.
           

           THE CLERK: CLOTURE MOTION. WE THE UNDERSIGNED SENATORS IN
           ACCORDANCE WITH THE PROVISIONS OF RULE 22 OF THE STANDING RULES
           OF THE SENATE HEREBY MOVE TO BRING TO A CLOSE DEBATE ON
           CALENDAR NUMBER 109, S. 625, AN ACT TO AMEND TITLE 11 OF THE
           UNITED STATES CODE AND FOR OTHER PURPOSES. SIGNED BY 16
           SENATORS AS
           
           FOLLOWS: LOTT, GRASSLEY, COVERDELL, CRAPO, THOMAS, CRAIG,
           HATCH, NICKLES, BRURNS, GRAMS OF MINNESOTA, MCCONNELL, ROBERTS,
           THOMPSON, GORTON, GRAMM OF TEXAS AND DEWINE.
           

           MR. LOTT: UNDER RULE 22 THIS CLOTURE VOTE WILL OCCUR ON
           TUESDAY, JANUARY 25, 2000. I ASK CONSENT THAT THE VOTE
           
           OCCUR AT 12:00 NOON ON TUESDAY AND THE MANDATORY QUORUM ON RULE
           22 BE WAIVED.
           

           THE PRESIDING OFFICER: IS THERE OBJECTION --
           

           MR. DASCHLE: RESERVING THE RIGHT TO OBJECT AND I CERTAINLY
           WON'T OBJECT, LET ME JUST SAY THE MAJORITY LEADER AND I TALKED
           ABOUT THIS. I'M APPRECIATIVE OF HIS POSITION. I'M DISAPPOINTED
           THAT HE HAS FILED CLOTURE. I HOPE IT ISN'T RECEIVED IN THE
           WRONG WAY BY ALL OF THOSE WHO WORKED SO HARD TO GET TO THIS
           POINT. I HAVE TOLD MY COLLEAGUES THAT IF THEY CONTINUE TO WORK
           AND IF THEY CONTINUE TO COOPERATE, IF THEY CONTINUE TO ALLOW
           TIME AGREEMENTS, THAT WE WOULD NOT BE IN A POSITION WHERE WE'D
           HAVE TO FILE CLOTURE AND WE GET TO FINAL PASSAGE. THAT WAS MY

           COMMITMENT. SENATOR LOTT DIDN'T MAKE THAT. I MADE IT TO MY
           COLLEAGUES. AND IN THIS CASE I'M GOING TO HAVE TO EXPLAIN TO MY
           COLLEAGUES WHY WHAT I SAID IS NOT WHAT WE'RE GOING TO DO. WE'RE
           DOWN NOW TO A HANDFUL OF AMENDMENTS WITH TIME AGREEMENTS. AND
           SO, I AM AS CONVINCED TODAY AS I WAS A COUPLE OF DAYS AGO, AS I
           WAS BEFORE THAT, THAT CLOTURE CERTAINLY ISN'T NECESSARY. I'M
           HOPEFUL THAT WITH THOSE TIGHT TIME AGREEMENTS AND WITH THE
           OPPORTUNITY TO DISPOSE OF THE AMENDMENTS WE CAN COME TO FINAL

           PASSAGE. BUT I'LL CERTAINLY WORK WITH THE MAJORITY LEADER TO
           SEE IF WE MIGHT FIND A WAY TO MAKE THAT HAPPEN. AND I HOPE HE
           WILL WORK WITH US TO ASSURE THOSE THAT HAVE RELEVANT AMENDMENTS
           THAT THEY'LL HAVE AN OPPORTUNITY TO HAVE THEIR VOTES AND WE CAN
           FINISH. BUT I WOULD ALSO ASK UNANIMOUS CONSENT THAT THOSE WHO
           MAY WISH TO MAKE A STATEMENT IN THAT REGARD BE ALLOWED TO DO SO
           AND THAT THEY BE INSERTED AT THIS POINT IN THE RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. DASCHLE: AND I DO NOT OBJECT TO THIS REQUEST.
           

           MR. LEAHY: MR. PRESIDENT, RESERVING THE RIGHT TO OBJECT, I WILL
           NOT OBJECT, JUST SO WE KNOW THE NUMBERS. WE GOT 320 AMENDMENTS
           DOWN TO 14. AND I WOULD COMPLIMENT SENATORS ON BOTH SIDES OF
           THE AISLE. SENATOR REID DESERVES ENORMOUS CREDIT. SENATOR
           GRASSLEY AND I AND SENATOR TORRICELLI, SENATOR HATCH AND I
           WORKED VERY HARD ON THAT. MY STATEMENT WILL BE ONE OF THE ONES
           BASED ON THE UNANIMOUS CONSENT OF THE DISTINGUISHED DEMOCRATIC
           LEADER WILL BE IN HERE GIVING SOME OF THE HISTORY ON THAT. BUT
           WE ARE WORKING VERY HARD, AGAIN, ON BOTH SIDES OF THE AISLE. I

           THINK MOST SENATORS WANT BANKRUPTCY BILL. WE KNOW THERE HAS TO
           BE A CHANGE. WITH THAT, I YIELD THE FLOOR.
           

           MR. LOTT: MR. PRESIDENT, LET ME JUST OBSERVE ONE OF THE
           PROBLEMS WE HAD IN NOT BEING ABLE TO COMPLETE IT EVEN THIS WEEK
           IS WHILE THE SPONSORS OF THE AMENDMENTS, SOME OF THE AMENDMENTS
           HAD INDICATED THAT -- OR MAYBE ALL THE AMENDMENTS DICATED A
           WILLINGNESS TO HAVE A LIMITED TIME AGREEMENT, WE HAD I KNOW AT
           LEAST A COUPLE OF SENATORS ON THIS SIDE THAT WERE NOT WILLING
           TO AGREE TO LIMIT THE TIME. THEREFORE, YOU KNOW, POSSIBLY TYING
           UP HALF A DAY OR A DAY ON A COUPLE OF THESE AMENDMENTS. WE MAY
           STILL BE ABLE TO WORK OUT SOMETHING WHERE WE COULD HAVE A SHORT
           TIME AGREED TO ON BOTH SIDES AND GET A VOTE AFTER THE FIRST OF

           THE YEAR. BUT YOU REACH A POINT IN THE FINAL DAYS OF A SESSION
           WHERE A MOTION -- WHERE EMOTIONS ARE SUCH THAT YOU CAN'T GET
           THAT KIND OF AGREEMENT. BUT THE SECOND SESSION OF THE 106TH
           CONGRESS WILL CONVENE AT
           
           12:00 NOON ON MONDAY, JANUARY 24. WE DON'T YET HAVE ABSOLUTE
           CERTAINTY THAT THERE WILL BE STATE OF THE UNION ADDRESS THE
           NEXT NIGHT, ALTHOUGH IT IS PRELIMINARYLY INDICATED, AND I
           BELIEVE THAT IS THE DATE WE WOULD EXPECT TO HAVE THE STATE OF
           THE UNION. THAT'S TUESDAY THE 25TH. THAT COULD BE POSTPONED

           UPON REQUEST FROM THE WHITE HOUSE. WE WILL NEED TO BE BACK AND
           IN BUSINESS IN ORDER TO BE HERE FOR THAT DATE. SO THERE WILL BE
           A NEED FOR A LIVE QUORUM TO ESTABLISH THE BEGINNING OF THE
           SECOND SESSION ON MONDAY. A PERIOD OF MORNING BUSINESS WILL
           COMMENCE FOR THE REMAINDER OF THAT DAY AND THIS
           
           12:00 NOON CLOTURE VOTE ON TUESDAY, JANUARY 25 WOULD BE THE
           FIRST VOTE OF THE SECOND SESSION OF THE 106TH CONGRESS. I THANK
           MY COLLEAGUES FOR THEIR CONTINUED COOPERATION AND WISH EVERYONE
           A SAFE AND HAPPY HOLIDAY SEASON. LET ME SAY TOO WE HAVE A
           NUMBER OF BILLS THAT ARE IN CONFERENCE NOW. I HAD AN

           OPPORTUNITY TO DISCUSS THE SCHEDULE FOR NEXT YEAR OR SOME OF
           THE BILLS FOR NEXT YEAR WITH THE PRESIDENT. AND WE HAVE A
           NUMBER OF BILLS THAT ARE IN A POSITION WHERE WE COULD GET EARLY
           AGREEMENT OUT OF CONFERENCE, INCLUDING
{END: 1999/11/19 TIME: 19-45 , Fri.  106TH SENATE, FIRST SESSION}