Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, for the information of all Senators, this cloture vote on the Transportation appropriations bill will occur on Thursday, September 9. I ask unanimous consent that the cloture vote occur at 9:30 a.m. on Thursday, September 9, and that the mandatory quorum under rule XXII be waived.

Mr. LOTT. Mr. President, I move to proceed to Calendar No. 181 and send a cloture motion to the desk.

Mr. LOTT. I now withdraw the motion to proceed.

Mr. LOTT

Mr. LOTT. Mr. President, there will be no further votes tonight. I would like to update the Members as to votes tomorrow. The Senate will resume the Interior appropriations bill for consideration of amendments. However, no further votes will occur this evening. If votes are ordered, those votes will be postponed to occur on Wednesday, September 8. I hope Senators who have amendments to the Interior appropriations bill will stay after the vote and further debate the amendments. I see that the manager of the bill is here. Because of the agreement we reached and because of the good work that has been done, even though we haven't completed Interior, we are now going to have a finite list from which to work. In view of that, there will not be a session tomorrow. The next votes will be on Wednesday, September 8. I urge Senators to be here on the 8th because there will be votes, perhaps on the bankruptcy bill, or amendments to Interior. Members should expect votes on that Wednesday. In addition, there will be the cloture vote on Thursday. I particularly thank the manager of the Tax Relief Act, Senator Roth, who did an excellent job, and the ranking member, Senator Moynihan, and a lot of the dedicated staff who put in long hours to make it possible. I appreciate the cooperation of all of our Senators to get this work done so we can have this period to go home and work our States during August. I hope everybody has a very prosperous, healthy, and enjoyable State work period. I appreciate the cooperation. I yield the floor. Mr. THURMOND addressed the Chair.

Mr. LOTT

Mr. LOTT. Mr. President, today I am pleased to join my distinguished colleagues, Senate Minority Leader Daschle, and Senators Warner, Chafee, Baucus, and Lincoln, in introducing the Superfund Recycling Equity Act of 1999. This legislation, similar to that which the distinguished minority leader and I introduced in the previous Congress, removes an unintended consequence of the Superfund statute that has inhibited the growth of recycling in our nation. I am certain that when the Congress passed the Comprehensive Emergency Response, Liability and Compensation Act (CERCLA), members of both bodies did not want, and did not suggest, that traditional recyclable materials--paper, glass, plastic, metals, textiles, and rubber--should be any more subject to Superfund liability than a competitive product made of virgin material. However, that is how the courts have interpreted Superfund. Consequently, CERCLA has created a competitive disadvantage between virgin materials used as manufacturing feedstocks and recyclable materials used for precisely the same purpose. The courts have concluded that recyclables are materials that have been disposed of and are therefore subject to Superfund liability. Even most American schoolchildren know, recycling is good for the nation--that recycling is the exact opposite of disposal. Recycling serves important national goals by keeping materials from entering the waste stream. Through recycling we reclaim useful products and materials. We use recyclables as manufacturing feedstocks just as we do virgin raw materials, but using recyclables also helps to preserve the earth's scarce resources, reduces society's energy demand, lowers water and air pollution and reduces solid waste. Mr. President, our bill corrects this unintended consequence of Superfund. It recognizes that recycling is not disposal. That recyclers are not subject to Superfund's liability scheme should the owners of mills, foundries or refineries, to which recyclers ship their material, contaminate their facilities. Let me highlight an example of the unintended consequence that will continue to exist without this needed clarification. A recycler sends scrap metal as feedstock to be manufactured into a new product at a mill. The same mill also uses virgin metals to make the identical product. If the mill contaminates its facility with a hazardous substance, only the recyclable becomes subject to Superfund liability. Because recyclables are considered solid wastes, the recycler's actions are considered arranging for disposal, thus creating liability. However, the shipper of the virgin material is not liable under Superfund since it shipped a product and did not ``arrange for disposal.'' The Superfund Recycling Equity Act of 1999 is essential to correct Superfund's unintended bias against recycling. It will provide the same relief from Superfund liability for legitimate recyclers as that enjoyed by those who sell virgin materials. It will also ensure that, sham recyclers will not benefit from the provisions of this bill. The Superfund Recycling Equity Act contains conditions that can only be met by legitimate recyclers of paper, glass, plastic, metals, textiles and rubber. And, to be free of liability, recyclers must act in an environmentally sound manner and sell their product to manufacturers with environmentally responsible business practices. It is also important to note what this bill will not do. It will not relieve from liability any recycler who has contaminated his own facility. Nor will it assist recyclers who have disposed of waste at landfills or other places at which waste was the cause of a release of hazardous substances to a site that is addressed by the Superfund program. Mr. President, the Senate Minority Leader and I previously stated our intention that, should a more comprehensive Superfund bill fail to move toward conclusion in the Senate, we would work in a bipartisan fashion, toward the goal of Superfund relief for legitimate recyclers in the 1999 session of this Congress. Members of the Environment and Public Works, led by Chairman Chafee, Subcommittee Chairman Smith, and Ranking Minority Member Baucus, have worked extraordinarily hard to try to bring a common sense Superfund bill to the Senate floor that addresses a series of issues, including relief for recyclers. Unfortunately, once again, differences appear to have stymied that effort. I congratulate my colleagues for their efforts to address this issue. However, realizing the chances of passing a more comprehensive Superfund reform bill are now somewhat remote, it is time to address the Superfund recycling issue. The language offered today is similar to the bipartisan measure we introduced last year. In the last Congress, the Minority Leader and I were joined by 63 of our colleagues across party and ideological lines in support of the Superfund Recycling Equity Act (S. 2180). It is now time to complete our work and provide relief--relief for recyclers that is long overdue. There is one remaining issue regarding polychlorinated biphenyls (PCBs) in recycled paper which has been the subject of negotiations between various parties and the Administration. It is my understanding that these parties are negotiating in good faith, and that many, but not all issues, have been resolved. I have said in the past, I would be willing to modify the Superfund recycling language if the original negotiating partners agreed to a proposed language change. That remains my position. Should there be an agreement among the original negotiators on the paper PCB issue subsequent to today's introduction, I will at the earliest appropriate moment make the agreed upon change. Mr. President, Americans have properly embraced the benefits of recycling. Americans know that increased recycling means more efficient use of natural resources and a meaningful reduction in solid waste. By removing the threat of Superfund liability for recyclers, Congress will stimulate more recycling. I urge all of my colleagues to cosponsor this pro-environment bill. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. LOTT

Mr. LOTT. I am glad to make that additional request in my unanimous consent request.

Mr. LOTT. Mr. President, I give my concurrence in that. We intend to return to the Interior appropriations bill. I believe the distinguished manager of this legislation would be glad to agree we would go to this issue immediately upon return, with a vote if one is required.

Mr. LOTT. Mr. President, to respond to the Senator's question, it is. When we complete reconciliation, at the conclusion of this 6 hours or yielding back time, which theoretically could occur, then when that is completed our intent is to go back to the Interior appropriations bill. The agreement we had last week was that this week we would try to complete these two appropriations bills, Agriculture and Interior, complete the reconciliation conference report, and try to get as many nominations confirmed as we could get cleared on both sides. We are still assiduously pursuing that goal.

Mr. LOTT. Mr. President, I ask unanimous consent that at 1:06 this afternoon the Senate begin consideration of the reconciliation conference report, notwithstanding the receipt of the papers, and there be 6 hours for debate to be equally divided in the usual form with the vote to occur at the conclusion or yielding back of the time.

Mr. LOTT

Mr. LOTT. Mr. President, before I yield the floor to the distinguished chairman of the Interior Appropriations subcommittee, I confirm again we are going back to the Interior appropriations bill. We hope to and plan to have debate on amendments beginning right away. We could have a recorded vote on one of the amendments within the next 15 to 30 minutes. We will continue working on the Interior appropriations bill until we get an agreement as to exactly when to proceed to the reconciliation conference report. I will not propound a unanimous consent request at this time, but it is my hope we can get an agreement to begin at 1 o'clock on the consideration of a reconciliation conference report, and we debate it for 6 hours, of course, equally divided in the usual form, and the vote then would occur around 7 o'clock. We do not have that worked out yet. If we require more time, if we have to be in later, then of course the vote would go later in the night, perhaps 8 o'clock or, if we cannot get that worked out, we will go however long we need to go tonight and we would vote on Friday morning sometime. But we hope to get an agreement where we could complete that and have a vote around 7 o'clock tonight. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, to my absolute surprise and delight, I understand the water resources development bill has been completed in conference. I extend my hearty congratulations to the managers and to the distinguished chairman of the committee, Senator Chafee, for his efforts in getting that conclusion. I yield the floor to him for a consent request with regard to that conference report.

Mr. LOTT

Mr. LOTT. Mr. President, tonight we are passing a fantastic piece of legislation. The Taxpayer Refund and Relief Act of 1999 will return $792 billion of tax overpayments to American taxpayers over the next 10 years. It will cut income tax rates for all Americans. It contains dramatic cuts in the marriage penalty. It cuts capital gains tax rates and indexes capital gains for inflation. It eliminates death taxes. It expands retirement opportunities, educational opportunities, and health care choices. This, Mr. President, is a superb bill, and I am proud to have been a part of the process that developed it. I want to thank the following staff for their dedication, intelligence, long hours, and commitment to Republican principles. The most important of these are Chairman Bill Roth's staff. Chairman Roth provided the leadership, and these people did all the hard work to back them up. From Senator Roth's Committee on Finance, I want to thank Frank Polk, Joan Woodward, Mark Prater, Brig Pari, Tom Roesser, Bill Sweetnam, Jeff Kupfer, Ed McClellan, Tara Bradshaw, Ginny Flynn, Connie Foster, and Myrtle Agent. They are the tax counsels and policy experts who help us understand the intricacies of tax policy and legislation. We rely upon them every day for advice, and we have leaned on them for support during the past month. They are professional, patient, intelligent, and dedicated. I also want to thank John Duncan and Bill Nixon from Senator Roth's staff for their leadership. One person in particular deserves special mention. Mark Prater, Chairman Bill Roth's chief tax counsel, was the principal Senate staff architect of this bill. Mark is an enormously valuable resource to the entire U.S. Senate. Mark's knowledge of tax policy and the tax code are unsurpassed. His dedication to good tax policy is unmatched. While we all worked hard to craft this legislation, Mark has given his days, nights, and weekends to this bill for several months. And his patience, professionalism, and easygoing demeanor make it a pleasure to work with him. I know that I speak for all of my colleagues, and for their staff, when I say thank you to Mark Prater for his work on this bill. I want to thank all of the Joint Tax Committee staff for their excellent, professional staff work. Under the leadership of Lindy Paull, and two of her deputies, Rick Grafmeyer and Mary Schmitt, the Joint Tax staff did an incredible job turning around legislative language and scoring faster than we thought possible. They said we couldn't conference two $792 billion bills in less than a week. Thanks to the leadership of Bill Roth and Bill Archer, and to the lightning speed of the Joint Tax staff, we proved them wrong. The staff for the Republican members of the Finance Committee also deserve special recognition: Kathleen Black from Senator Chafee's staff, Kolan Davis from Senator Grassley's staff, Judy Hill from Senator Hatch's staff, Alexander Polinsky from Senator Murkowski's staff, Hazen Marshall from Senator Nickles' staff, Ginger Gregory and Keith Hennessey from my staff, Dick Ribbentrop, Steve McMillin, and Mike Solon from Senator Gramm's staff, Jeff Fox and Ken Connolly from Senator Jeffords' staff, Vic Wolski and Shelly Hymes from Senator Mack's staff, and Rachel Jones and Libby Wood from Senator Thompson's staff. Much of this debate centered on questions that are normally considered in a budget resolution, rather than a reconciliation bill. So I also want to thank Senator Domenici's excellent Budget Committee staff, who, as always, did top-notch work. In particular, I want to highlight the efforts of Bill Hoagland, Cheri Reidy, Beth Felder, Jim Capretta, Amy Smith, Sandra Wiseman, and Andrew Siracuse. And we can't forget the Budget Committee ``masters of spin,'' Bob Stevenson and Amy Call. I offer my profound thanks to all of these dedicated Senate staff. Without their hard work, we would not be enjoying today's success. I believe then Senator Specter will be the final speaker.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet for an executive business meeting, during the session of the Senate on Thursday, August 5, 1999 at 10:00 a.m. in room 628 of the Senate Dirksen Building.

Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, August 5, 1999, to conduct a hearing on pending nominations.

Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, August 5, 1999 at 2:15 p.m. to hold a hearing.

Mr. LOTT. Mr. President, I ask unanimous consent that the Subcommittee on Housing and Transportation of the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, August 5, 1999, to conduct a hearing on the Office of Multifamily Housing Assistance restructuring of HUD.

Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry, be allowed to meet during the session of the Senate on Thursday, August 5, 1999. The purpose of this meeting will be to discuss the farm crisis.

Mr. LOTT

Mr. LOTT. Mr. President, today I am pleased to join my distinguished colleagues, Senate Minority Leader Daschle, and Senators Warner, Chafee, Baucus, and Lincoln, in introducing the Superfund Recycling Equity Act of 1999. This legislation, similar to that which the distinguished minority leader and I introduced in the previous Congress, removes an unintended consequence of the Superfund statute that has inhibited the growth of recycling in our nation. I am certain that when the Congress passed the Comprehensive Emergency Response, Liability and Compensation Act (CERCLA), members of both bodies did not want, and did not suggest, that traditional recyclable materials--paper, glass, plastic, metals, textiles, and rubber--should be any more subject to Superfund liability than a competitive product made of virgin material. However, that is how the courts have interpreted Superfund. Consequently, CERCLA has created a competitive disadvantage between virgin materials used as manufacturing feedstocks and recyclable materials used for precisely the same purpose. The courts have concluded that recyclables are materials that have been disposed of and are therefore subject to Superfund liability. Even most American schoolchildren know, recycling is good for the nation--that recycling is the exact opposite of disposal. Recycling serves important national goals by keeping materials from entering the waste stream. Through recycling we reclaim useful products and materials. We use recyclables as manufacturing feedstocks just as we do virgin raw materials, but using recyclables also helps to preserve the earth's scarce resources, reduces society's energy demand, lowers water and air pollution and reduces solid waste. Mr. President, our bill corrects this unintended consequence of Superfund. It recognizes that recycling is not disposal. That recyclers are not subject to Superfund's liability scheme should the owners of mills, foundries or refineries, to which recyclers ship their material, contaminate their facilities. Let me highlight an example of the unintended consequence that will continue to exist without this needed clarification. A recycler sends scrap metal as feedstock to be manufactured into a new product at a mill. The same mill also uses virgin metals to make the identical product. If the mill contaminates its facility with a hazardous substance, only the recyclable becomes subject to Superfund liability. Because recyclables are considered solid wastes, the recycler's actions are considered arranging for disposal, thus creating liability. However, the shipper of the virgin material is not liable under Superfund since it shipped a product and did not ``arrange for disposal.'' The Superfund Recycling Equity Act of 1999 is essential to correct Superfund's unintended bias against recycling. It will provide the same relief from Superfund liability for legitimate recyclers as that enjoyed by those who sell virgin materials. It will also ensure that, sham recyclers will not benefit from the provisions of this bill. The Superfund Recycling Equity Act contains conditions that can only be met by legitimate recyclers of paper, glass, plastic, metals, textiles and rubber. And, to be free of liability, recyclers must act in an environmentally sound manner and sell their product to manufacturers with environmentally responsible business practices. It is also important to note what this bill will not do. It will not relieve from liability any recycler who has contaminated his own facility. Nor will it assist recyclers who have disposed of waste at landfills or other places at which waste was the cause of a release of hazardous substances to a site that is addressed by the Superfund program. Mr. President, the Senate Minority Leader and I previously stated our intention that, should a more comprehensive Superfund bill fail to move toward conclusion in the Senate, we would work in a bipartisan fashion, toward the goal of Superfund relief for legitimate recyclers in the 1999 session of this Congress. Members of the Environment and Public Works, led by Chairman Chafee, Subcommittee Chairman Smith, and Ranking Minority Member Baucus, have worked extraordinarily hard to try to bring a common sense Superfund bill to the Senate floor that addresses a series of issues, including relief for recyclers. Unfortunately, once again, differences appear to have stymied that effort. I congratulate my colleagues for their efforts to address this issue. However, realizing the chances of passing a more comprehensive Superfund reform bill are now somewhat remote, it is time to address the Superfund recycling issue. The language offered today is similar to the bipartisan measure we introduced last year. In the last Congress, the Minority Leader and I were joined by 63 of our colleagues across party and ideological lines in support of the Superfund Recycling Equity Act (S. 2180). It is now time to complete our work and provide relief--relief for recyclers that is long overdue. There is one remaining issue regarding polychlorinated biphenyls (PCBs) in recycled paper which has been the subject of negotiations between various parties and the Administration. It is my understanding that these parties are negotiating in good faith, and that many, but not all issues, have been resolved. I have said in the past, I would be willing to modify the Superfund recycling language if the original negotiating partners agreed to a proposed language change. That remains my position. Should there be an agreement among the original negotiators on the paper PCB issue subsequent to today's introduction, I will at the earliest appropriate moment make the agreed upon change. Mr. President, Americans have properly embraced the benefits of recycling. Americans know that increased recycling means more efficient use of natural resources and a meaningful reduction in solid waste. By removing the threat of Superfund liability for recyclers, Congress will stimulate more recycling. I urge all of my colleagues to cosponsor this pro-environment bill. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now turn to the consideration of Calendar No. 181, H.R. 2084, the Transportation appropriations bill.

Mr. LOTT

Mr. LOTT. Reserving the right to object, I was not able to hear what the Senator from Pennsylvania was suggesting. Will the Senator repeat the request?

Mr. LOTT. I withdraw my reservation.

Mr. LOTT

Mr. LOTT. Mr. President, earlier this week, author Willie Morris, a native of Mississippi, passed away from an apparent heart attack at the young age of 64. Mr. Morris was a writer and editor who painted a vivid picture of the Southern way of life unlike any literary figure since William Faulkner. Mr. Morris had the heart of a good ole country boy who grew up in Yazoo City, and the intellect of a Rhodes Scholar. Mr. Morris later went on to become a major literary leader, becoming editor and chief of Harper's Magazine at the age of 32. He attained national prominence in his career as a journalist, nonfiction writer, novelist, editor, and essayist by writing more than a dozen books on subjects ranging from his childhood English fox terrier in ``My Dog Skip'' to the intersection of football and race in ``The Courting of Marcus Dupree.'' Critics have characterized Mr. Morris's works as being ``exquisite and lyrical rendering.'' He was particularly well known for the books and articles in which he compared his experiences and southern heritage to America's own history. Rather than attend the University of Mississippi, his father had him go to the distant and alien environs of the University of Texas in Austin, but in 1980 he returned to Ole Miss to be the writer in residence. His class room has been described like being at an Ole Miss v. LSU football game, because the students were always so excited. Mr. President, Mr. Morris has been described as being ``a prolific author in his own life, defining moments of intimacy and compassion.'' David Sansing, a retired University of Mississippi historian said this about Mr. Morris, ``Willie was such an honest voice, clear, vivid, never ambiguous. He had to leave the South to really confirm his own Southernness. But of course, he came back.'' Willie Morris's writing undoubtedly had a grave impact on the lives of Mississippians and Southerners alike. He is survived by his wife, JoAnne Prichard of Jackson, and his son David Rae of New Orleans.

Mr. LOTT

Mr. LOTT. Mr. President, an individual has filed two pro se civil actions in the United States District Court for the Eastern District of Virginia against two Senate Committees. In the first suit, against the Senate Committee on Armed Services, the plaintiff alleges that he was wrongfully denied a commission in the Navy and documentation of a prior honorable discharge from the Army Reserve. He has sued the Armed Services Committee because, in his view, the Committee failed to take sufficient steps to rectify these errors after he brought them to the Committee's attention. The second complaint alleges that the Judiciary Committee failed to take appropriate action when the plaintiff, in correspondence with the Committee, accused a federal judge and state and federal law enforcement officers of malfeasance. These resolutions authorize the Senate Legal Counsel to represent the Committees in these suits to move for their dismissal.

Mr. LOTT

Mr. LOTT. Mr. President, today I want to honor a man of integrity, perseverance, intellect, and dedication. Dr. Gerald Walton recently retired from my alma mater, the University of Mississippi. Dr. Walton has served Ole Miss for nearly forty years in several capacities ranging from a part-time English instructor in 1959 to the position of Provost from which he is retiring. Born and raised in Neshoba County, Mississippi, Dr. Walton has been a great servant of higher education in Mississippi. He graduated from the University of Southern Mississippi in 1956 with a degree in English. He then attended Ole Miss, where he obtained his master's degree and then his doctorate. Dr. Walton's next step was a stint as a teaching assistant. Once he got his foot in the door, he quickly gained the respect of his colleagues and began to move up in the ranks. He has demonstrated exemplary commitment to public education. In addition to managing the demands of a career in academia, Dr. Walton has been dedicated to his family. He has always put his wife and three daughters first. I am envious of all the free time he will have for his four grandchildren. Mr. President, Dr. Walton has stood the test of time. He has adjusted to the many changes Ole Miss and our society have experienced. Dr. Walton has always stood by his principles of right and wrong, which were first professionally tested in 1962. He was one of only a handful of faculty who publicly supported James Meredith and the integration of Ole Miss. Several members of the faculty advised him not to sign a letter of support, but as Dr. Walton would say, ``I felt it was the right thing for me to do.'' His character was challenged early and he passed with flying colors. Dr. Walton's abilities and personal demeanor have made him one of the favorite administrators on campus, a fact which is evidenced by his holding several leadership positions during his tenure at Ole Miss. He has been described as modest and deeply principled. Often, Dr. Walton has been the one who carried the responsibility and made crucial decisions, but he shies from the spotlight, and allows others to be recognized and applauded. Today, we applaud Gerald Walton. Mr. President, at Ole Miss, Dr. Walton has proven himself to be multi-talented. He has served the University as a teaching assistant, Assistant Professor, the Director of Freshman English, the Associate Dean and Dean of Liberal Arts, Associate Vice Chancellor for Academic Affairs, Interim Chancellor, and finally in the position of Provost. In each of his positions, Dr. Walton has been the type of leader for whom every one of his students and colleagues would do most anything. Other contributions on his long list of accomplishments are the roles he played in organizing the first Faulkner and Yoknapatawpha Conference and the Oxford Conference for the Book. Mr. President, Dr. Walton is not one to brag on himself, but never thought twice about bragging on the University or his colleagues. I am pleased to have the opportunity to honor such a deserving individual. I trust that the Senate will join me in congratulating Dr. Gerald Walton on his retirement from a distinguished career at the University of Mississippi. My dear friend, Chancellor Robert C. Khayat, said it best when he was speaking of Dr. Walton. He said, ``Truly, Gerald Walton can move into the next phase of his life knowing that the words, `Well done, my faithful servant,' apply to him.''

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that a vote occur on the motion to table that I just made at 5 p.m., with the time between now and then equally divided.