Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, in light of the vote that just occurred on the Treasury-Postal Service appropriations bill, and the agreement just reached a few moments ago with respect to the District of Columbia appropriations, the Senate has conducted its last vote for the week. There will be no further votes tonight and no votes in the morning. The next vote will occur on Tuesday, July 13. The Senate will reconvene on Monday, July 12, at noon. However, no votes will occur during Monday's session of the Senate. Votes will occur during the session of the Senate beginning Tuesday, July 13, through Friday, July 16. There will be votes on Friday, July 16. So be prepared for that. That was under a previously agreed to cloture vote at 10:30 on Friday, the 16th, concerning the Social Security lockbox issue. We will be in session some tomorrow. But there will be no recorded votes in the morning. I thank all of our colleagues for their cooperation. Senator Daschle and our whips have all worked to make it possible to complete not one but two appropriations bills. I wish all of our colleagues a safe and happy holiday. I look forward to seeing you back on the 12th.

Mr. LOTT

Mr. LOTT. This letter clearly states that dredging can only occur during six months of the year, and at no time can work be conducted across the entire river channel. It is clear to me, and it is clear to all my colleagues in the chamber today that dredging will be stopped. Also, on May 10, 1999, the FWS office in Daphne, Alabama, again wrote the Mobile Corp about another maintenance dredging project in Mobile. I ask unanimous consent that this letter to the Mobile Corp of Engineers be printed in the Record.

Mr. LOTT. Mr. President, the story of the efforts to protect the Alabama Sturgeon has been a very long and very ugly one. For many years Congress has been involved. Just three years ago, Congress thought they had put an end to the listing battle when a partnership was formed between the Fish and Wildlife Service (FWS) and the Alabama Department of Natural Resources and Conservation. A five-year recovery plan was established to repopulate the Tennessee-Tombigbee with Sturgeon. Now this program has fallen to pieces, because the FWS pulled the plug by taking the dedicated funds and proceeding directly to a formal listing under the Endangered Species Act. The FWS needs to do the right thing. For me, this means the FWS should honor the partnership it set up with Alabama's Department of Conservation and Natural Resources. This program is at year three of a 5-year program and there is no evidence that the state of Alabama was performing poorly. However, it is clear the FWS wants to renege on the deal. Renege on a program that provides more direct and dedicated funding, and thus more resources, for the Alabama Sturgeon restoration than any funds the Fish and Wildlife Service spent under its own auspices. This simply does not make fiscal or scientific sense. In both 1993 and 1994 Congress opposed the endangered species listing of the Alabama Sturgeon because of the lack of sound science. Congress also recognized the tremendous economic impact this listing would have on our region. The listing would have caused billions of dollars in river commerce to be disrupted. Nothing has changed in six years--no new science--no difference in the economic impact. The FWS promised that the habitat designation will not require the stopping of dredging. However, someone forgot to tell the FWS office in Daphne, Alabama, what their position is supposed to be. The FWS office in Daphne, Alabama, has stated in writing that maintenance dredging will harm the sturgeon, and thus must not occur. I ask unanimous consent that the attached letter written to the Mobile, Alabama, office of the Army Corps of Engineers on June 17, 1999, be printed in the Record.

Mr. LOTT

Mr. LOTT. Reserving the right to object, and I will not object, I just want to commend the Senator from Montana for his dogged determination to move this legislation. I am sure that all of its imperfections will be resolved in conference. I commend him for his efforts. I withdraw my reservation.

Mr. LOTT. Mr. President, today the Senate will pass a measure that will usher in a new era in the international satellite communications marketplace. This bill is the result of months of deliberation among many of my colleagues and builds upon a debate from last Congress. First and foremost, I extend my appreciation to the distinguished chairman of the Communications Subcommittee, Senator Conrad Burns, for his unrelenting diligence in working with all parties involved, both in the Senate and in the private sector. There were numerous players who had a stake or an interest in this reform measure. Senator Burns was willing to accommodate their perspectives while remaining true to his commitment to move forward. I thank him for that. Along with Senator Burns, other Members in this Chamber, Senator Breaux, Senator Hollings, Senator Stevens, and others were actively engaged in the process. Their contributions enhanced the final product in many respects and helped produce a more balanced bill. Let me also recognize Senator John McCain, chairman of the Senate Commerce Committee. His leadership and his support has been instrumental in helping to advance this effort, and I want to thank him as well. Reaching a unified unanimous, Senate position on legislation of this magnitude was not a simple task. Although the bill garnered widespread agreement on principle, the technical issues have not been easy. Some were complex, given the marketplace transition from one dominated by intergovernmental organizations to one of private sector competition. Other issues were straightforward but contentious. This made it necessary to take the time and work through some of these areas in a fair and open manner. We did, and I am pleased that the Senate has now moved forward. S. 376 enacts timely reform of a visionary policy adopted by Congress in the early 1960s to blaze the trail of a global communications network. It was the right policy at the right time. A solid foundation was laid as a result, and commercial satellite service has come of age. Now, over 35 years later, it is the right time for Congress to enact another visionary public policy. One that will move us from a marketplace dominated primarily by intergovernmental organizations to one of competitive, privately owned companies offering viable opportunities and real choices. A marketplace that will reflect today's market realities and encourage robust competition in our new satellite communications community for years to come. Such services are growing in demand, and Congress should act on behalf of consumers. They deserve it. I always say that nothing could get done in the Senate without dedicated staff. Several individuals worked hard to prepare this legislation for passage. They include Mark Ashby, Lloyd Ator, Mark Buse, Greg Elias, Paula Ford, Leo Giacometto, Carole Grunberg, Maureen McLaughlin, Mike Rawson, Greg Rhode, Mitch Rose, Ivan Schlager, and Howard Waltzman. I thank them all for their time and their efforts. It is my hope this is the year Congress will pass an international satellite privatization bill.

Mr. LOTT

Mr. LOTT. Mr. President, I send a concurrent resolution to the desk calling for the conditional adjournment of Congress. I ask that the resolution be agreed to and the motion to reconsider be laid upon the table.

Mr. LOTT

Mr. LOTT. Mr. President, as I indicated, I thought we might have to have a session tomorrow anyway because of some wrapup business we may need to do. If we have Senators who would like to speak as to the Fourth of July, that is all the more reason. The key question for all other Senators is, will there be votes tomorrow morning or not. That will depend on finishing up the District of Columbia appropriations bill.

Mr. LOTT. I yield the floor, Mr. President. I believe we have a D.C. unanimous consent request that is ready now.

Mr. LOTT. I am delighted to yield.

Mr. LOTT

Mr. LOTT. Mr. President, is there going to be a modification to the Kyl amendment before we go to the Y2K liability?

Mr. LOTT

Mr. LOTT. I ask for the yeas and nays.

Mr. LOTT. I thank Senator Byrd for that correction. I ask consent then that it now be in order to ask for the yeas and nays on the nominations en bloc.

Mr. LOTT. Mr. President, I ask unanimous consent that I be allowed to do this, even though the vote has been ordered on the tabling amendment, so that we can have this vote in this sequence. It is to have a vote on the confirmation of five judicial nominations. Both have been requested, but it will be one vote, and it will count as only one vote on all five nominations.

Mr. LOTT. I also ask unanimous consent that it now be in order to ask for the yeas and nays on the nominations en bloc.

Mr. LOTT. Mr. President, as in executive session, I ask unanimous consent that immediately following this rollcall vote about to begin, the Senate immediately proceed to executive session and vote en bloc on the confirmation of the following nominations on the Executive Calendar: Nos. 104 through 108. I further ask unanimous consent that immediately following the vote, the President be notified of the Senate's action and the Senate then return to legislative session.

Mr. LOTT. Mr. President, I am pleased to offer this amendment that would require that the Congress be notified in a timely fashion of any report or list submitted by the Taiwanese Government for the potential purchase or other acquisition of any defense article or defense service. This amendment would remedy a long-festering situation whereby the Congress has ceded virtually all decisionmaking authority to the executive branch with respect to arms sales to Taiwan. This situation is contrary to the letter and spirit of the Taiwan Relations Act of 1979, which established that arms sales decisions regarding Taiwan must be made jointly between the legislative and executive branches of government. Specifically, the relevant sections of Public Law 96-8, the ``Taiwan Relations Act'' of April 10, 1979, are as follows: Section 3(a) states, ``. . . the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.'' And Section 3(b) states, ``The President and the Congress shall determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, in accordance with procedures established by law. Such determination of Taiwan's defense needs shall include review by United States military authorities in connection with recommendations to the President and the Congress.'' When Congress passed the Taiwan Relations Act in 1979, it was in response to the Carter administration's abrupt efforts to curtail long- standing defense ties between Washington and Taipei. At the time of the adoption of the Taiwan Relations Act, Congress wanted to make clear that the enduring ties between the American people and the people of Taiwan included a clear and sustained commitment to ensuring that the people of Taiwan had the means to defend themselves. Taiwan's ability to maintain a credible deterrent, qualitatively superior to that of the mainland's forces across the narrow Taiwan Strait, has been crucial in keeping peace in East Asia. The central tenet of the Taiwan Relations Act was stated very clearly in section 3, namely, that the President and Congress together would determine what Taiwan required for its legitimate self defense without regard to pressures imposed by any third party nation. This provision was written in the law to ensure that executive branch officials would not become excessively concerned with the protestations of the PRC whenever the United States proposed to provide Taiwan defense articles and services needed for Taiwan's self-defense. Unique among laws governing United States defense ties with other nations, the Taiwan Relations Act explicitly requires in law that Congress and President together decide what Taiwan's military defenses require. The first year after the TRA's enactment, this provision was sorely tested when the executive branch failed to inform Congress fully and currently on what Taiwan needed for its defense. The Foreign Relations Committee under the leadership of Senator Frank Church lambasted executive branch officials. Together with Senator Glenn, Senator Javits, and others, Chairman Church insisted that the administration provide full details on those weapon systems Taiwan had requested. This practice of involving Congress in reviewing procurement decisions--as required by law--lapsed since that time. In recent years, the executive branch has met with representatives of Taiwan in secret and has refused to share with Congress the complete list of those defense articles and services requested formally or informally by Taiwan. In this regard, on May 11 of this year I wrote to Secretary of State Madeleine Albright requesting a copy of the list of defense articles and services sought by Taiwan in the most recent round of annual arms procurement talks. Those talks ended on April 21. I received a reply to my letter on May 21, signed by Assistant Secretary of State for Legislative Affairs Barbara Larkin. Mrs. Larkin's reply asserted that the Department would only provide information on ``the systems for which we [the Administration] have given Taiwan a positive response.'' In other words, the State Department refused my legitimate request to be informed in writing of Taiwan's request for potential purchase or other acquisition of defense articles and services. Frankly, I was shocked and dismayed by this response, especially given the fact the most recent round of talks had already been concluded and given the clear intent of Section 3 of the Taiwan Relations Act. Instead, Mrs. Larkin's letter provided information only on those portions of Taiwan's request that the administration unilaterally had decided to approve. I understand that a similar, written request by the chairman of the House International Relations Committee Representative Benjamin Gilman, and others, have received the same unsatisfactory response from the administration. Mr. President, the current situation is intolerable and must be changed. The law of the land requires that Congress be involved in decisions regarding Taiwan's legitimate defense needs. The President and future administrations should know that the American people's representatives in Congress will meet our obligations under the law to be involved in this decisionmaking process. Toward this end, my amendment requires that Taiwan's procurement request be furnished, on an appropriate basis and in a timely fashion, to the appropriate committees of Congress. I believe this is a necessary step in ensuring that there is a meaningful dialogue between the legislative and executive branches of government and that the decisionmaking process regarding what Taiwan legitimately needs for its self defense, proceeds on a basis that is fully consistent with the letter and spirit of the Taiwan Relations Act. THE PRESIDING OFFICER. If there is no further debate, the question is on agreeing to the amendment.

Mr. LOTT. I believe the Senator would like to renew his request for the yeas and nays.

Mr. LOTT. Mr. President, I suggest the absence of a quorum.

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT

Mr. LOTT. Mr. President, I want to pay tribute to Dr. Kent Wyatt who is retiring today after serving as the President of Delta State University for the past 24 years. During his tenure at Delta State, Dr. Wyatt has repeatedly been recognized as one of America's premier higher education administrators. Kent was born in Berea, Kentucky and later moved to Cleveland, Mississippi. He earned an undergraduate degree in education from Delta State and a Masters degree in education from the University of Southern Mississippi. Kent topped off his formal education at the University of Mississippi where he received a Doctorate in Education. After completing his doctoral studies at Ole Miss, Kent commenced his teaching career back home in Cleveland, Mississippi where he served as a mathematics teacher, a coach, and then as a principal for the School District. Kent soon followed in his father's footsteps, Forest E. Wyatt, who served as a teacher and the head football coach at Delta State University. In 1964, Kent's alma mater, Delta State University, hired him as its Alumni Secretary. But, he quickly shifted over to the university's management. Recognizing his leadership and vision, Kent was named Delta State's fifth President in 1975 after serving six years as assistant to the president. During the last quarter century, Kent has amassed an impressive record. He continuously emulated ``quality without compromise.'' As a result of his stewardship, Delta State's faculty has grown from 202 to 328, with all academic programs receiving national accreditation, and 18 new facilities were built. Since 1975, Delta State's enrollment has grown by 32%. Equally astounding, Kent increased the university's financial assets by a factor of ten since 1975. A most impressive record for Dr. Wyatt and Delta State University. Kent's peers in Mississippi and across the nation have repeatedly drawn on his academic leadership. For example, Kent recently served on the Search Committee for the Executive Director of the National Collegiate Athletic Association (NCAA) and on the NCAA's President's Commission. Running a large university would challenge many, but Kent also managed to serve those off campus too. Kent also served his community for over three decades. He was the President of the Cleveland Lions Club as well as the President of the Chamber of Commerce. He also served on the boards of the United Way, Mississippi Economic Council, Grenada Banking System, Union Planters Bank of Northwest Mississippi, and the Southern Baptist Theological Seminary. Kent currently serves as a Deacon at the First Baptist Church. Kent's wife Janice, their children Tara and Elizabeth, as well as their grandchildren Kent Wyatt Mounger and Collins Hartfield Mounger, have good reasons to be proud of his many accomplishments. As Congress addresses the many challenges facing higher education in America today, my colleagues and I can benefit from the many contributions Kent has made in Cleveland, Mississippi. Not only has he been an inspiration to the more than 15,000 college students who passed through the halls of Delta State during his tenure, Kent has helped to mold the future leaders of this great country. Kent and Janice have chosen to stay in Bolivar County. While he will be missed at Delta State, the town of Cleveland, the County of Bolivar, the State of Mississippi, and Mississippi's Congressional delegation are thankful that Kent, a true Delta State Statesman, has chosen to remain in his hometown to serve as a continuing inspiration for public service at its best. Mr. President, I want to express to Kent my heartfelt appreciation for everything he has done for his community, our state, and the nation. I am hopeful that Kent and Janice will enjoy the next important phase of their lives.

Mr. LOTT

Mr. LOTT. Mr. President, today, Ron Kavulick, who has faithfully served the United States Senate for 20 years, will officially retire from the Senate family. It took Ron Kavulick a while to get to the Senate. He worked first as an official court reporter for the office of The Judge Advocate General, United States Air Force, and later, as an official reporter in the White House--serving Presidents Nixon and Johnson. When he finally got to us, as an Official Reporter of Senate Debates, he advanced quickly, ultimately serving as Chief Reporter. As Chief Reporter, Ron oversaw the preparation and editing of the proceedings of the Senate for publication in the Congressional Record. His greatest challenge, perhaps, was the impeachment trial of the President, where Ron's institutional memory and experience were called upon throughout the lengthy proceedings. It's all too easy for us to assume that capable and dedicated Senate employees, like Ron, will always be here providing abiding support and quiet efficiency. Thomas Carlyle argued that history is the sum of the work of outstanding individuals. If so, then Ron Kavulick has contributed much to our Senate history. His support to me and my staff will always be remembered. I commend Ron for his dedicated service, and wish him and his wife, Pat, many years of health and happiness in retirement.

Mr. LOTT

Mr. LOTT. Mr. President, for the information of all Senators, this will be the last recorded vote for tonight. We will then go to the Treasury-Postal Service appropriations bill, and, hopefully, good progress, or all progress, can be completed on that tonight, with the possibility of stacked votes on or in relation to the Treasury-Postal Service appropriations bill in the morning. The next recorded vote, though, will be at 10:30 in the morning on a cloture motion with regard to Social Security lockbox. Hopefully, there will be other stacked votes in that sequence. For now, that is the only one.

Mr. LOTT

Mr. LOTT. I want to announce at this time that the minority leader, Senator Daschle, and I have discussed several times how we would proceed with this matter once we have had this period of time for debate and votes on and in relation to the Patients' Bill of Rights. Senator Daschle has given me his assurance that although this agreement will not prohibit Members from offering this issue or an amendment related to this issue again in the session, he does not expect a need to offer this issue again, presuming the normal legislative process is followed. In other words, if we should complete an action and it goes to conference, if it languishes there or does not come back, this arrangement would not prohibit some amendment from being offered at some subsequent point. I can fairly say that the minority leader is willing to say this issue will have had due consideration after these 4 days of debate, and at the conclusion of this week we would not feel the need to readdress it. Finally, I announce to the Senate, following this agreement, the two leaders have jointly agreed to pass three to five of the remaining appropriations bills available prior to the Fourth of July recess. This will take a good bit of cooperation, too. The top priority of the appropriations bills are likely in the following order: foreign operations, D.C., Treasury-Postal Service, and the pending agriculture appropriations bill. We will work to see what the prospects are and time to be consumed for Transportation, State- Justice-Commerce, or Interior. I have already discussed this matter twice this afternoon with the chairman of the committee. I believe he is working with Senator Byrd to try to identify the bills we could most likely move in this remaining time, and how that can be done--time agreements, if necessary--but we will have to work together. I believe we can move at least three, and hopefully four, of these bills. In light of this agreement, I now ask consent that the pending two amendments to the agricultural appropriations bill be withdrawn.

Mr. LOTT. Mr. President, I would like to make one further announcement. I have been communicating, as I said, with the chairman of the Appropriations Committee. In the wrapup, we will announce that in the morning we will go to one of the appropriations bills, perhaps D.C. or foreign ops. We will need to confer with a lot of different people. But when we get the time agreement, we will go to one of those. In view of the work that has gone on, I will announce at this time there will be no further rollcall votes tonight, but Members should expect votes to occur in the morning and throughout the day. Mr. President, one final announcement: We are going to pursue the possibility of laying down one of the appropriations bills tonight so we would have it pending. I want Members to be aware of that, but there still would not be any more recorded votes. Mr. STEVENS addressed the Chair.

Mr. LOTT. As we have discussed, it is my intention to work to clear the Executive Calendar. We now have a number of nominations on the calendar, including a long list of military nominations and the nominee to be Secretary of Treasury. We may even have other nominees coming on the calendar. I understand the Finance Committee reported three more nominations today, including the Under Secretary of Treasury. We have some judicial nominations. We will begin the process tomorrow of hotlining those nominations. We will be moving them along as we go forward on this process of getting appropriations done. Again, our purpose is to work together and do the people's business in the next 2\1/2\ days, and that will include clearing nominations. Some of them, of course, may hit a snag for one reason or another, but we will certainly work on that. The other thing is we have talked on both sides of the aisle about how someday we needed to go back and correct a situation that developed a few years ago with regard to rule XVI so that we can preserve the integrity of the appropriations and the authorization process. Senator Daschle and I have talked about this. We want to reach a point where he and I together--not when one side or the other seizes the opportunity, but at the earliest opportunity, he and I will stand together to correct what I think was a mistake. And it originated on our side of the aisle. I acknowledge that. I was part of the problem. But I think for the future sanctity of the appropriations process and to make the authorization committees really work as they should, we should have that point of order reinstated. Senator Daschle has indicated he would work with me on that. I would like it to be totally a bipartisan effort. I know our ranking member and the chairman of the Appropriations Committee would like to do that, too. So I thank him for his cooperation on this unanimous consent.