{ 1998/05/14 TIME: 17-00 , Thu. 105TH SENATE, SECOND SESSION}

{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}

{17:01:25} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

{17:01:26 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }

           A SENATOR: MR. PRESIDENT?

{17:01:30 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATOR FROM OKLAHOMA.

{17:01:33 NSP} (MR. INHOFE) { NOT AN OFFICIAL TRANSCRIPT }

           MR. INHOFE: I ASK UNANIMOUS CONSENT THAT THE QUORUM CALL IN
           PROCESS BE VITIATEDED.

{17:01:35 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: WITHOUT OBJECTION.

{17:01:37 NSP} (MR. INHOFE) { NOT AN OFFICIAL TRANSCRIPT }

           MR. INHOFE: MR. PRESIDENT, WHAT IS THE CURRENT ORDER?

{17:01:47 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE CURRENT ORDER IS THE BROWNBACK
           AMENDMENT NUMBER 2407, WITH A RIGHT TO THE FLOOR ON THE PART OF
           SENATOR FEINSTEIN.

{17:01:53 NSP} (MR. INHOFE) { NOT AN OFFICIAL TRANSCRIPT }

           MR. INHOFE: MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THAT BE
           SET ASIDE AND I BE ALLOWED TO SEND AN AMENDMENT TO THE DESK FOR
           IMMEDIATE CONSIDERATION.

{17:01:58 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION?
           OBJECTION IS HEARD.
           
           IS

{17:02:21 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }

           A SENATOR: I NOTE THE ABSENCE OF A QUORUM.

{17:02:23 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE CLERK WILL CALL THE ROLL.

{17:02:54} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

{17:07:31 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: MR. PRESIDENT?

{17:07:33 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE MAJORITY LEADER.

{17:07:35 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: I ASK THE QUORUM CALL BE DISPENSED WITH.

{17:07:36 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.

{17:07:39 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE
           SENATE NOW PROCEED TO CALENDAR NUMBER 370, WHICH IS S. 1415,
           THE TOBACCO BILL, JUST REPORTEDED FROM THE FINANCE COMMITTEE.

{17:07:45 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION?

{17:07:49 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }

           A SENATOR: I OBJECT.

{17:07:50 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }

           A SENATOR: RESERVING THE RIGHT TO OBJECT.

{17:07:54 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: OBJECTION IS HEARD.

{17:07:57 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: I NOW MOVE THAT THE SENATE STAND IN ADJOURNMENT FOR
           ONE MINUTE.

{17:08:01 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE QUESTION IS ON THE MOTION. ALL THOSE
           IN FAVOR WILL SAY AYE. THOSE OPPOSED NAY. THE AYES HAVE IT. THE
           MOTION IS AGREED TO. THE SENATE NOW STANDS IN ADJOURNMENT FOR
           ONE MINUTE.

{17:08:35} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

{17:09:14 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE SENATE WILL NOW COME TO ORDER. THE
           MAJORITY LEADER IS RECOGNIZED.

{17:09:20 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: I NOW ASK THAT THE ROUTINE REQUEST FOR THE MORNING
           HOUR BE GRANTED.

{17:09:22 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: IS THERE OBJECTION?
           WITHOUT OBJECTION, SO ORDERED.

{17:09:26 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: MR. PRESIDENT, I MOVE TO PROCEED TO CALENDAR NUMBER
           370, S. 1415 AND SEND A CLOTURE MOTION TO THE DESK.

{17:09:35 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE CLERK WILL READ THE MOTION.

{17:09:37 NSP} (THE CLERK) { NOT AN OFFICIAL TRANSCRIPT }

           THE CLERK: CLOTURE MOTION. WE THE UNDERSIGNED SENATORS IN
           ACCORDANCE WITH THE PROVISION OF RULE 22 OF THE STANDING RULES
           OF THE SENATE, DO HEREBY MOVE TO BRING TO A CLOSE DEBATE ON THE
           MOTION TO PROCEED TO CALENDAR NUMBER -- CALENDAR NUMBER 370, S.
           1415 REGARDING TOBACCO REFORM, SIGNED BY 16 SENATORS AS

{17:10:08} (THE CLERK) { NOT AN OFFICIAL TRANSCRIPT }

           FOLLOWS: LOTT, MCCAIN, CAMPBELL, INHOFE, BOND, SMITH OF OREGON,
           BENNETT, REID OF NEVADA, STEVENS, SHELBY, DEWINE, COLLINS,
           GORTON, ROCKEFELLER, KERRY OF MASSACHUSETTS AND DODD.

{17:10:36 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: I WANT TO ANNOUNCE FOR THE INFORMATION OF ALL
           SENATORS THAT THE VOTE WILL OCCUR ON THIS CLOTURE PETITION
           MONDAY, MAY 18 AT A TIME TO BE DETERMINED BY THE MAJORITY
           LEADER AFTER CONSULTATION WITH THE DEMOCRATIC LEADER AND THE
           MANDATORY QUORUM UNDER RULE 22 BE WAIVED. NOW, IT'S ANTICIPATED
           THAT
           
           THIS VOTE WILL OCCUR AT 5:30, MONDAY AFTERNOON. WE HAVE IN THE
           PAST, OVER THE PAST MONTH TRIED TO MAKE SENATORS AWARE OF
           MONDAYS AND FRIDAYS THAT WE WOULD NOT BE HAVING VOTES. THIS
           FRIDAY WE WILL NOT BE HAVING ANY VOTES. WE NOTIFIED THE MEMBERS

{17:11:06} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           OF THAT I THINK AT LEAST TWO OR THREE WEEKS AGO. BUT WE'VE BEEN
           SAYING ALL ALONG ON MONDAY THE 18 THEY SHOULD EXPECT A VOTE.
           BUT WE WILL TRY IT LATE IN THE AFTERNOON SO WE CAN CONDUCT SOME
           BUSINESS DURING THE MORNING AND AFTERNOON AND SO SENATORS WILL
           HAVE TIME TO GET BACK HERE FROM THEIR RESPECTIVE STATES. BUT WE
           DO EXPECT THAT VOTE
           
           PROBABLY AROUND 5:30. BUT WE WANT TO CHECK WITH ALL THE
           SENATORS TO SEE IF THAT'S THE BEST POSSIBLE TIME. WE MAY NEED
           TO MOVE IT A LITTLE BIT ONE WAY THE THE OTHER. I NOW WITHDRAW
           THE MOTION I MADE AND ASK THAT THE SENATE TURN TO CALENDAR

{17:11:41} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           NUMBER 358, S. 2037 REGARDING THE WIPO TREATY, WHICH IS THE
           TREATY DEALING WITH DIGITAL COPYRIGHT.

{17:11:48 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE MOTION IS WITHDRAWN. UNDER THE
           PREVIOUS ORDER, THE CLERK WILL REPORT THE BILL.

{17:11:58 NSP} (THE CLERK) { NOT AN OFFICIAL TRANSCRIPT }

           THE CLERK: CALENDAR NUMBER 358, S. 2037, A BILL TO AMEND TITLE
           17, UNITED STATES CODE TO IMPLEMENT THE WIPO COPYRIGHT TREATY
           AND THE WIPO PERFORMANCES AND PHONO GRAMS TREATY, PROVIDE
           LIMITATIONS ON COPYRIGHT LIABILITY RELATING TO MATERIAL ON LINE
           AND FOR OTHER PURPOSES.

{17:12:21 NSP} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LOTT: THE SENATE IS NOW CONSIDERING THE WIPO COPYRIGHT
           TREATY WHICH HAS UP TO ONE HOUR UNDER THE CONSENT AGREEMENT.
           THEREFORE, THE NEXT VOTE WILL OCCUR SHORTLY, HOPEFULLY IN LESS
           THAN AN HOUR ON PASSAGE OF THE WIPO COPYRIGHT BILL. THAT WILL
           BE THE LAST VOTE OF THE DAY. I KNOW THERE ARE SOME SENATORS
           HERE THAT HAVE WORKED ON THIS ISSUE THAT DO WANT TO BE HEARD
           BRIEFLY. THE SENATOR FROM MISSOURI, OF COURSE THE SENATOR FROM
           UTAH HAS BEEN WORKING ON THIS ASSIDUOUSLY. WE HAD A LITTLE
           POSSIBLE LEM THAT WE RAN INTO YESTERDAY BUT WE'RE GOING FORWARD
           WITH THIS, AND WE'LL TRY TO WORK IT OUT WITH THE HOUSE AND I'LL

{17:12:51} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           CERTAINLY TRY TO BE HELPFUL WITH THAT. THIS IS IMPORTANT
           LEGISLATION. SOME OF THE PROBLEMS WERE RESOLVED, THANKS TO THE
           COURTESY OF AND LEADERSHIP OF SENATOR HATCH AND WORKING WITH
           SENATOR ASHCROFT. I THINK WE NEED TO GO AHEAD AND DO IT TODAY.
           AND WE WILL HAVE HAD REALLY AN INCREDIBLE WEEK ON THESE
           HIGH-TECH BILLS. AGAIN, THE NEXT VOTE WILL OCCUR ON MONDAY.
           THERE WILL BE NO FURTHER VOTES AFTER THE WIPO VOTE TONIGHT. AND
           I'LL NOTIFY ALL MEMBERS AS TO THE TIME OF THAT VOTE. WITH
           REGARD TO THE D.O.D. AUTHORIZATION MATTER, I'LL BE TALKING WITH

{17:13:23} (MR. LOTT) { NOT AN OFFICIAL TRANSCRIPT }

           THE MANAGERS OF THIS LEGISLATION TO SEE WHAT THEIR WISHES ARE
           AND WE'LL HAVE SOME FURTHER ANNOUNCEMENT ON WHEN THAT
           LEGISLATION WILL BE BROUGHT UP AGAIN. I YIELD THE FLOOR, MR.
           PRESIDENT.

{17:13:35 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: UNDER THE PREVIOUS ORDER, THE TIME
           ALLOCATED FOR THIS DEBATE IS 60 MINUTES TO BE EQUALLY DIVIDED
           AND CONTROLLED BETWEEN THE SENATOR FROM UTAH, MR. HATCH, AND
           THE SENATOR FROM VERMONT, MR. LEAHY, WITH 15 MINUTES OF SENATOR
           HATCH'S TIME CONTROLLED BY THE SENATOR FROM MISSOURI, MR.
           ASHCROFT. THE SENATE WILL BE IN ORDER.

{17:14:05 NSP} (A SENATOR) { NOT AN OFFICIAL TRANSCRIPT }

           A SENATOR: MR. PRESIDENT, I OBSERVE THE ABSENCE OF A QUORUM.

{17:14:12 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THERE APPARENTLY IS NOT A QUORUM
           PRESENT. THE CLERK WILL CALL THE ROLL. THE SENATOR FROM UTAH.

{17:14:19 NSP} (MR. HATCH) { NOT AN OFFICIAL TRANSCRIPT }

           MR. HATCH: I ASK THE --

{17:14:22 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: WITHOUT OBJECTION, THE CALL OF THE
           QUORUM WILL BE DISPENSED WITH.

{17:14:26 NSP} (MR. HATCH) { NOT AN OFFICIAL TRANSCRIPT }

           MR. HATCH: I WOULD LIKE TO YIELD TO THE SENATOR FROM ARIZONA
           FOR AN AMENDMENT.

{17:14:29 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: MR. PRESIDENT, I ASK UNANIMOUS CONSENT TO SEND TO
           THE DESK AN AMENDMENT THAT'S ON THE D.O.D. BILL.

{17:14:34 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: THE BILL IS NOT -- THE PRESIDING OFFICER
           WOULD ADVISE THE SENATOR THE D.O.D. BILL IS NOT THE PEND THE
           BUSINESS.

{17:14:45 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: CAN I BY UNANIMOUS CONSENT SEND THAT AMENDMENT?

{17:14:51 NSP} (MR. LEVIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. LEVIN: I WOULD OBJECT.

{17:14:54 NSP} (MR. MCCAIN) { NOT AN OFFICIAL TRANSCRIPT }

           MR. MCCAIN: ON THE D.O.D. BILL. MR. LEVIN: ON THE D.O.D. BILL?
           THERE'S TOO MANY PENDING AMENDMENTS. IF YOU COULD CLEAR THAT --

{17:15:00 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }

           THE PRESIDING OFFICER: OBJECTION IS HEARD. THE SENATOR FROM
           UTAH.
{END: 1998/05/14 TIME: 17-15 , Thu.  105TH SENATE, SECOND SESSION}

{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}