Trent Lott

Mr. LOTT

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

Mr. LOTT. I send a second-degree amendment to the desk and ask for its immediate consideration.

Mr. LOTT

Mr. LOTT. Mr. President, if I could briefly comment on the process we just went through and where we are with regard to this bill, Ed-Flex, the education flexibility bill, that is the underlying bill. It has broad bipartisan support. The President is for it. He had suggested we should pass it last year. We did not get it done, but he went before the National Governors' Association and called again for this legislation and says that he supports it. The National Governors' Association--all 50 of the Governors--supported a resolution in support of this bill, education flexibility. Twelve States have this flexibility now. My State is not one of those. It has been working quite well, I understand, in Massachusetts and in Maryland and other States where they now have this option in those 12 States. The rest of us want it. I just came from Chester, PA, earlier today, and Pennsylvania does not have this education flexibility. They would like to have it. They desperately would like to have it. The Governor of that State said: Please, give me this option. Let's waive some of this paperwork and the regulatory requirements. Let's have this option so we can give schools the flexibility, at the local level, to make these decisions to where the funds can best be used but results based. We need to see the proof that it actually is working. And all of that is included in this legislation. But in spite of that broad bipartisan support that we wanted to continue to show with this legislation, we now see there is a raft of amendments developing that would undermine or stop or add to, explode this legislation. I have asked the Members on this side of the aisle to try to withhold a whole number of amendments. We started off the first week--last week or the week before last-- with a very broad bill in support of our military men and women. The Soldiers', Sailors', Airmen's and Marines' Bill of Rights passed overwhelmingly. I believe that if we can get to a direct vote on Ed- Flex to waive this bureaucratic redtape that the vote would probably be 98-2 or 100-0. But now we see, with all these amendments being offered, and with us having no option but to add amendments of our own, with support for the special education commitment being fulfilled that we have not done, that this legislation now is being bogged down. We see that the first bill of the year that has broad bipartisan support is now approaching gridlock. Let's don't do that. Free the Ed- Flex bill. Let's let this bill go. There will be other opportunities for Democrats and Republicans to offer their ideas on education on other bills this year. We have the reauthorization of the Elementary and Secondary Education Act coming up. There will be plenty of opportunities to offer that. I would like for us to have another day or 2 to discuss the underlying bill and then vote. Let's get it done. I think it is good that we are having an education debate even on those issues that we might not have agreement, but let's find a way to move this legislation through. I have encouraged the Members, the Senators that are involved with this, to come up with some recommendations of how maybe we could have a limited number of amendments and then go on to final passage. But again, I call on Senators to free this important legislation. Let's give these other States this opportunity. Let's see if we can't get more decisions made at the local level and give them the option to decide whether this money should go for teachers or to repair roofs or technology for computers--whatever it may be. But in one school, perhaps, they need a greater emphasis on excellence in reading; in another school maybe they don't have a single computer in the classrooms. Let's give them the option, the flexibility to use these Federal funds without Federal Government mandates that you must use it here, you must use it there. I think the American people would support that. I know the Governors do. We say we do. Let's find a way to get this legislation passed. I urge the leaders and the managers of the legislation to see if they can come up with some ways to get this bill completed in the next 2 days. But for now we will have a cloture vote on Tuesday. We will have at least one cloture vote, I guess maybe two, on Wednesday. And maybe in the interim we can find a way to get an agreement to provide for final passage. I yield the floor. Mr. KENNEDY addressed the Chair.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to a period of morning business with Members permitted to speak for up to 10 minutes each.

Mr. LOTT

Mr. LOTT. In order to assure that we keep moving toward passage of the Ed-Flex bill, I send a cloture motion to the desk.

Mr. LOTT. Mr. President, the Senate now is in its third day of debate on the education flexibility bill. I think that is good. This is a subject we should all be more than happy to talk about. There has been a good debate and a number of amendments have been disposed of. But progress has begun to slow down. I feel the need to remind our colleagues on both sides of the aisle that the appropriations season is fast approaching and that we have several important items to consider between now and the Easter recess. For instance, I presume that by the latter part of next week the emergency supplemental appropriations bill will be ready for consideration, since the Appropriations Committee reported it out unanimously yesterday; and, of course, we hope to go to the budget resolution and get it completed before we end the session at the end of March for the Easter recess. I believe there is a genuine interest on both sides of the aisle in completing both the Ed-Flex bill as well as the emergency supplemental, if that can be worked out, and the budget resolution which will be available, hopefully, within the next 10 days or so. Cloture Motion

Mr. LOTT. Again, Mr. President, it is my hope that the cloture vote will not be needed and that the Senate will be able to enter into some reasonable time agreement with respect to the Ed-Flex bill. I know the Senator from Oregon has been working on both sides of the aisle, talking to his cosponsors, Senator Frist and the chairman and ranking member of the committee, as well as leadership on the Democratic side of the aisle, and to the majority leader. He will continue to do that. I am hoping that he will find some way to get an agreement as to how we can proceed with amendments and get to a conclusion. But we haven't been able to get that worked out yet. If we cannot get something worked out, then the cloture vote would occur on this cloture motion on Tuesday, March 9. I now ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. LOTT

Mr. LOTT. I yield the floor.

Mr. LOTT. Mr. President, for the information of all Senators, the Senate has conducted its last vote for the week. Several Senators, again, on both sides of the aisle, expressed concern that it was necessary to have votes on Friday. But I discussed this with Senator Daschle. We just are going to have to, in order to complete the work we need to do, have votes on Friday mornings and also sometime around 5 o'clock on Mondays. We will try to be as flexible as we can. But, as usual, we have Senators who would like us to be a little later or a little earlier. And it is very hard to find that narrow window. But from now until the Easter recess, and probably in May and June, Senators should plan on having a vote on Mondays at 5 and in the morning on Fridays, but with those votes not occurring later than 12. There will be some Mondays or Fridays where that will not be the case because there is a conference on one side or the other or a conflict. Senator Daschle and I will talk about that, and we will try to notify Members far in advance--hopefully a month or more--when a Friday or a Monday might be completely divided. There was a cloture filed last night to the pending Ed-Flex bill. We are reminded that under the provisions of rule XXII all first-degree amendments must be filed by 1 p.m. today; all second-degree amendments by 4 p.m. on Monday in order to qualify under the cloture rule. The Senate will now continue on the Ed-Flex bill for debate only for Members to make statements. It is my hope that an agreement can be worked out on the Ed-Flex bill as we proceed. If we can, then the cloture vote could be vitiated on Monday, and we would have some other vote. But around 5 o'clock on Monday will be the next recorded vote. I ask unanimous consent that the Senate continue with consideration of S. 280, the Ed-Flex bill for debate only until 12 noon. I further ask unanimous consent that at 12 noon the Senate begin a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. LOTT

Mr. LOTT. I think that is fine, Mr. President. I amend my request to that effect, with the time equally divided.

Mr. LOTT. Mr. President, I send an amendment to the desk.

Mr. LOTT. Mr. President, in view of the status of the amendments at this point, in order for the Members working on this legislation to have a chance to discuss how we can proceed, 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. Again, I hope progress can be made on the bill. There have been some proposals going back and forth, and we will continue to work on those, hopefully later on tonight. Tomorrow morning, Friday, when we are in session, there will be a recorded vote, hopefully by 10:30 a.m., and we will then give the Members a report on what action, perhaps, has been agreed to beyond that. I know Members from both sides of the aisle will be working on this. If progress is not made, then we will go forward with cloture. If something can be worked out--and I think it can; I hope it will be-- then certainly we can take action to vitiate this cloture vote.

Mr. LOTT. Under rule XXII, this cloture vote will occur then on Monday, March 8. I ask unanimous consent that the cloture vote occur at 5 p.m. on Monday and that there be 1 hour prior to the vote to be equally divided between Senators Jeffords and Kennedy for debate only.

Mr. LOTT. Mr. President, in order to assure prompt passage of the bill, I now send a cloture motion to the desk.

Mr. LOTT. Mr. President, I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. LOTT. Mr. President, for the information of all Senators, the Senate has now been debating the pending education flexibility bill for approximately a day and a half. There has been some good debate. A number of Senators have been able to speak on behalf of this very important bipartisan legislation that is supported by the President and supported by the bipartisan National Governors' Association. I am pleased that we have it up early in this session, and I am pleased that we made some progress. But while progress has been made on this vital piece of legislation, I am beginning to sense now that there is a feeling of gridlock on the part of our Democratic colleagues, if they are not successful in offering nongermane amendments or if they are not able to offer them in the way they would like to. I hope this is not true. I know there is a genuine effort on both sides of the aisle to work through a way we can get to completion of this legislation in a reasonable time next week, so that we can move on to the next bill that will be considered, including the emergency appropriations supplemental bill which was, I believe, reported out of the Committee on Appropriations this afternoon. Cloture Motion

Mr. LOTT

Mr. LOTT. Mr. President, on March 25, 1999, Barry Wolk, who has faithfully served the United States Senate for nearly 24 years, will retire. Barry began his career in September 1975 as Technical Advisor to the Secretary of the Senate. In January of 1983, he was appointed Director of Printing Services, and in November 1996, Barry assumed the responsibilities of Director of the newly created Office of Printing and Document Services. Since 1996, the Office of Printing and Document Services has served as liaison to the Government Printing Office, managing all of the Senate's official printing. The office assists the Senate by coordinating the preparation, scheduling, and delivery of Senate legislation, hearing transcripts, committee prints and other documents to be printed by GPO. In addition, the office assigns publication numbers to each of these documents; orders all blank paper, envelopes and letterhead for the Senate; and prepares page counts of all Senate hearing transcripts in order to compensate commercial reporting companies for the preparation of hearings. The Office of Printing and Document Services is also responsible for providing copies of legislation and public laws to the Senate and general public. I commend Barry Wolk for his dedicated service to this institution and wish him many years of health and happiness in his retirement.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to a period for morning business, with Members permitted to speak for up to 10 minutes each.

Mr. LOTT

Mr. LOTT. Mr. President, today Miss Ruby McGilvray Bryant of Jackson, Mississippi, was recognized by the Mitsubishi USA Foundation and PBS Television's ``To the Contrary'' as one of America's four Unsung Heroines. ``Miss Ruby,'' as she is lovingly called, has served her Mississippi community for the better part of three decades. She has been instrumental in creating a number of programs to help physically and mentally challenged children and adults. It all started thirty years ago when Miss Ruby looked for a way to give disabled children and adults a camp experience similar to the one other campers were enjoying. Working with the Mississippi State Park system, she created a one-week summer camp program full of activities including a beauty pageant where everyone wins--everyone gets his or her moment in the spotlight. With the help of Dream Catchers, a volunteer organization serving the disabled, campers also get to experience the thrill of horseback riding. Miss Ruby even went the extra mile by helping to raise the money needed to send a number of children and adults to this special camp. However, her efforts did not stop there. She also organized a number of other activities throughout the year such as hayrides and banquets. Miss Ruby also fostered the development of the ``the Mustard Seed,'' a local residential home in Brandon, Mississippi, for disabled persons to live when their parents have passed away. The Mustard Seed teaches ``life skills'' so the disabled can be what they want most, independent and productive individuals. She was also the driving force behind ``Calvary Care,'' a program that provides all-day activities for the physically and mentally challenged in a safe and loving environment. Participants are taken on field trips to such places as the zoo or the museum. They also have an opportunity to share fun and fellowship, to experience the small things in life that many of us take for granted. This program also helps parents and other loved ones gain some much-needed time for themselves. ``Calvary Care'' attracts families from as far as 100 miles away because there is no similar program. ``Lady Talk,'' another of Miss Ruby's successful programs, is aimed at women who have little or no contact with the outside world. Many of its participants are former residents of mental institutions who have been long forgotten or abandoned by family members. Miss Ruby takes these women to a church facility for a day full of activities and social interaction. She makes sure that each woman is well fed and clothed and that each woman has someone to listen to their needs and problems. As the director of the Sunday school special education program at Calvary Baptist Church since 1969, Miss Bryant has ensured that mentally and physically challenged individuals learn the Bible's teachings and play an active role in the ministry. Here, the children refer to her as ``Sweet Momma.'' Miss Ruby is an inspiration to us all. She teaches us that kindness, love, and patience are strong virtues. That self sacrifice is its own reward. That all of us, regardless of our abilities, are God's children and deserve respect and dignity. Most importantly, Miss Ruby is a shining example of how one person truly can make a positive difference in the life of so many others. Miss Ruby is a heroine for Mississippi and heroine for America--for everything she has accomplished on behalf of the disabled and everything she will continue to do. I ask my colleagues to join me in paying special tribute to Miss Ruby McGilvray Bryant for her thirty years of dedicated service to the physically and mentally challenged, and their families, and for being recognized as an Unsung American Heroine.

Mr. LOTT

Mr. LOTT. Mr. President, on February 26, 1999, the Federal Maritime Commission (FMC) completed its rulemaking to implement the Ocean Shipping Reform Act of 1998. The regulatory framework for the liner shipping industry is now in place and ready for the May 1, 1999, start date. The 1998 Act signals a paradigm shift in the conduct of the ocean liner business and its regulation by the FMC. Where ocean carrier pricing and service options were diluted by the conference system and ``me too'' requirements, an unprecedented degree of flexibility and choice will result. Where agency oversight once focused on using rigid systems of tariff and contract filing to scrutinize individual transactions, the ``big picture'' of ensuring the existence of competitive liner service by a healthy ocean carrier industry to facilitate fair and open maritime commerce among our trading partners will become the oversight priority. Mr. President, as FMC Commissioner Ming Hsu recently told a large gathering of shippers and industry representatives, ``This has been not only a long journey, but a long needed journey * * * With the passage of the Ocean Shipping Reform Act and the FMC's new regulations, I believe the maritime industry will be far less shackled by burdensome and needless regulations * * * I believe we can now look forward to an environment which gives you the freedom and flexibility to develop innovative solutions to your ever-changing ocean transportation needs.'' I couldn't agree more. The FMC regulatory process bore some resemblance to the legislative process that preceded it. A few early steps started to head off in the wrong direction, but through honest dialogue among the industry and the government parties, the course was corrected and the intent of the 1998 Act was embodied in the regulations. Now the FMC faces the challenge of implementing the new regulations in a manner consistent with Congressional intent. Mr. President, through the 1998 Act, the Congress directed the FMC to spend less effort attempting to regulate the day-to-day business of ocean carriers and spend more effort on countering truly market distorting activities. This shift is made possible by giving exporters and importers greater opportunity and ability to use the marketplace to satisfy their ocean shipping requirements through less government intervention. Recent efforts by some countries to protect their domestic maritime industries by imposing restrictive trade practices indicates that this shift in emphasis is well-timed. I am particularly concerned about China's efforts to impose greater regulatory control over the ocean shipping industry as the rest of the world is heading in the opposite direction. While the Maritime Administration seem to be nearing an agreement eliminating unfair practices by Brazil, continued vigilance is required. As we are seeing with Japan's port practices, the problem can remain long after such an agreement is reached. Mr. President, I should point out that paradigm shifts are often painful, but enlightening, for involved organizations. To its credit, the FMC met the challenge of promulgating the new regulations by the March 1, 1999 deadline. Now, I recognize that Congress issues many deadlines for the Executive Branch, sometimes with little success. But I want to personally congratulate the FMC for its tremendous effort and responsiveness to complete these regulations on time. Not only did the FMC deliver its rules on time; the FMC's rules are clearly within the intent of Congress. I feel good about that. I want to express my gratitude to the four FMC Commissioners, Chairman Hal Creel, Ming Hsu, John Moran, and Delmond Won, for their leadership and wisdom during this process. This band of four challenged the staff to think ``outside the box'' of the previous regulatory system and develop innovative methods to monitor the industry in a less intrusive manner. Also, I want to recognize the efforts of the FMC staff members who worked long and hard to meet Congress' deadline: George Bowers, Florence Carr, Jennifer Devine, Rachel Dickon-Matney, Bruce Dombrowski, Rebecca Fenneman, Vern Hill, Christopher Hughey, Amy Larson, David Miles, Tom Panebianco, Austin Schmitt, Matthew Thomas, Bryant VanBrakle, Ed Walsh, and Ted Zook. Their hard work and sweat will truly benefit this Nation by enabling industry and its customers to prepare for this new era of ocean shipping. Mr. President, just as it took several years for the legislative process to bear fruit, I urge patience before evaluating the results of this rulemaking. I will continue to monitor the transition process for this fundamental change. The Ocean Shipping Reform Act can't fix international economic imbalances and uncertainties, but it will give the industry and its customers much-needed flexibility to work through many difficult situations. Mr. President, The health of our Nation's economy depends on a healthy system for international trade, and therefore, a dependable ocean shipping industry. The FMC rules will provide the necessary certainty in a manner consistent with Congressional intent. Again, I salute the FMC for being responsive.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that a letter sent to all Senators today addressing the procedures governing the use of holds, signed by the Democratic leader, Senator Daschle, and myself, be placed in the Record. This letter is a result of ongoing negotiations between Senators Grassley and Wyden, the Democratic leader and myself, beginning early in the 105th Congress, and encourages all Members to make their legislative holds known.

Mr. LOTT

Mr. LOTT. Mr. President, the Senate, then, will convene tomorrow at 9:30 and resume consideration of the motion to proceed to the education flexibility partnership bill. There will have been a total of 4 hours for debate on the motion tomorrow morning, and following adoption of the motion, we will begin consideration of the bill itself. Amendments to the bill are expected to be offered and debated throughout Wednesday's session and for the remainder of the week. Therefore, Senators should expect rollcall votes throughout the day on Wednesday and Thursday and possibly Friday in an effort to make substantial progress on this important piece of legislation. After I have a chance to consult with the Democratic leader, we will give further information about the schedule on Friday and on Monday of next week. I yield the floor.

Mr. LOTT

Mr. LOTT. Mr. President, that is correct. Congress did recognize that an examination of e-commerce was needed to fully understand the ripple effects of taxing access to or transactions conducted on the Internet. During Senate deliberations on the bill, my colleagues and I listened intently to varying viewpoints. Consequently, the statute created a national Commission reflecting the stakeholders who would provide recommendations to Congress. Mr. President, the balance required by the statute has yet to be achieved. The Congressional leadership involved in the selection is taking another look at the current makeup of the membership and considering options to resolve the impasse.