Trent Lott

Mr. LOTT

Mr. LOTT. Thank you, Mr. President. Mr. President, I hope all the Senators had a restful recess during the Easter period back in their States and are ready for a very active schedule in the next 5 weeks. I commend those who have been in charge of changes in the Senate Chamber. I think it looks very good. I hope the Senators will appreciate the changes that have been made.

Mr. LOTT

Mr. LOTT. I hope the railroad industry rethinks its position on one- call notification legislation. I urge them to join us on the side of safety.

Mr. LOTT. The Safety Board has long been our Nation's premier safety agency and the Congress has turned to it on many occasions for its advice on ways to improve transportation safety. Moreover, Safety Board recommendations have served as the foundation for many transportation safety bills and laws. Rather than launch a campaign for exemptions, the railroad industry might better serve transportation safety if it works with Congress to implement the reasonable recommendations of the National Transportation Safety Board. Let me stress to my fellow Senators that I remain a big supporter of the nation's railroads. Railroads are, as they like to say, ``the engine that drives America.'' I agree railroads are a huge engine, an important engine in America's economy.

Mr. LOTT. The Safety Board issued another recommendation. It also determined, as a result of the study, that our nation's railroads should involve themselves in statewide excavation damage prevention programs. The recommendations state that the associations should urge their members ``to fully participate in statewide excavation damage prevention programs, including one-call notification centers.'' The recommendations were issued to the Association of American Railroads (AAR) and the American Short Line Railroad Association. Why has the Safety Board taken such a position? Perhaps it is because some railroads apparently oppose participating in excavation damage prevention programs, including one-call notification centers. Some one- call notification center participants indicate that the railroads are often no-shows when it comes to underground damage prevention. Currently, railroads are required to participate in state one-call notification systems in ten states. I want to repeat that again, only ten states. Yet AAR opposed the Lott-Daschle one-call notification bill which passed by the Senate by unanimous consent last year because we would not include provisions preempting state laws and exempting railroads from participation in state one-call notification systems in the remaining forty states. I understand the railroad industry is taking the same position in the House. I am told AAR is vigorously opposing the Lott-Daschle one-call notification legislation unless the House mandates that railroads are exempt from state's one-call notification systems. So much for industry opposition to Federal mandates. Instead of advancing the cause of safety and underground damage prevention, AAR is trying to use my bill to reduce safety through a federal exemption in the states where one-call participation is required. This stance is exactly opposite from the position being urged by the Safety Board. Do the railroads pose a safety risk to underground facilities? Yes, they do. Ameritech recently released a survey of major telecommunication facility outages which found that 17 percent of the major outages in the United States were caused by railroads. This survey, as well as the NTSB study, demonstrates that there is a clear benefit to the public if railroads participate in one-call notification systems.

Mr. LOTT. Madam President, I remember that disaster to which the Senator from New Jersey refers. That, along with other devastating excavation damage acts, such as those in Puerto Rico and Minnesota, led to the NTSB's decision to issue new strong safety recommendations to the Research and Special Programs Administration (RSPA), the Federal Highway Administration (FHWA), states, and other industry groups including trade associations. But today, I want to focus on two recommendations in particular. As a result of the study I mentioned above, the Safety Board issued a recommendation strongly urging states to adopt comprehensive one-call statewide excavation programs. They believe that one-call programs are proven to prevent damage due to excavation, thereby reducing the likelihood of pipeline disasters.

Mr. LOTT. Madam President, recently, the National Transportation Safety Board (NTSB) held a public meeting in Washington, D.C. to discuss the findings of a comprehensive study it conducted to assess the safety initiatives undertaken by industry and government and private organizations to prevent excavation damage to underground pipelines. As a result of the study, the NTSB adopted twenty-seven safety recommendations to reduce the risks posed by excavation damage. I want to take this opportunity to commend the NTSB for its proactive stance on this important safety issue. Excavation damage poses serious safety risks to our Nation's critical infrastructure. This infrastructure, among other things, transports natural gas, petroleum, and other chemical products through pipelines and enables telephone and Internet access through a vast network of fiber optic cables and communication lines. Damage to this infrastructure not only exposes people and the environment to safety risks, but impedes economic development. The NTSB agrees. In a press release issued on the study, the NTSB states ``a single pipeline accident has the potential to cause a catastrophic disaster that can injure hundreds of persons, affect thousands more, and cost millions of dollars in terms of property damage, loss of work opportunity, community disruption, ecological damage, and insurance liability. Excavation and construction activities are the largest single cause of accidents to pipelines.'' The Safety Board goes on to say that in ``addition to being expensive and inconvenient, disruption of the telecommunications network can have significant safety implication, such as impact on traffic control systems, health services, and emergency response activities.'' The NTSB further found that ``damage from outside force is the leading cause of leaks and ruptures to pipeline systems, accounting for more than 40 percent of the reported failures.'' Excavation damage, the NTSB determined, ``is also the single largest cause of interruptions to fiber cable service.''

Mr. LOTT

Mr. LOTT. Mr. President, the Senate will be in a period for morning business until 1 p.m. in order for Senators to make statements and to introduce legislation. At 1 p.m. today, the Senate will begin consideration of the Coverdell education A+ bill under the provisions of the consent agreement of March 27, 1998. As previously announced, there will be no rollcall votes today, but it is hoped that Members will be available to offer their amendments to H.R. 2646, the Coverdell bill. As a reminder, the next rollcall vote will occur tomorrow morning at 10 a.m. on or in relation to the Gorton amendment to S. 414, the Ocean Shipping Reform Act. Just to remind Senators, we did have debate on the Ocean Shipping Act on Friday when we went out for the Easter recess period, and we completed all the work except for the vote on the amendment and then, of course, final passage after that, if that is necessary, and I presume it may not be. Senators should expect further votes throughout Tuesday's session on or in relation to pending amendments to the Coverdell education bill. In addition, it is hoped that during this week the Senate will be able to consider the NATO expansion treaty and the State Department reorganization conference report under the consent agreement of 6 hours. I want to say again that there will be no rush to judgment on NATO enlargement. I want to make sure that Senators on both sides of the aisle and on both sides of the issue will have a chance to make their statements and point out their concerns or their reasons for support. So, if it is necessary to take that over into next week before we get to the conclusion of the NATO enlargement, we will certainly do that. During the next 5 weeks, the Senate can be expected to consider the following items, and therefore Members can expect busy days with votes most every day that we are in session, including Mondays or Fridays, except for those where we have already indicated we will not have votes, and we will reconfirm those during the next 2 days so Senators will know for sure the Mondays or Fridays where there will not be recorded votes. In addition to the items I mentioned, this week we also will take up, hopefully, with cooperation from both sides of the aisle, the IRS reform legislation; Department of Defense authorization; the budget conference report; supplemental appropriations conference report-- perhaps even reports, depending on whether there are one or two there--the nuclear waste bill; a series of high-tech bills. There could be as many as three or four of those coming out of the Commerce Committee. I will have to consult with the chairman as to exactly how many there will be. I believe they have already reported a couple, and there may be two more. The Iran sanctions legislation is pending. We have tried to be cooperative with the administration on this issue, but we did get an agreement right at the end of the session before we went home for Easter as to when action could occur on the Iran sanctions. I believe that is before May 20, but we will reconfirm that later. And, of course, the tobacco legislation issue is pending before the Senate, having been reported by the Commerce Committee. This is not an exclusive list, of course, and additional legislation or Executive Calendar items may be cleared for action. I look forward to a productive legislative period.

Mr. LOTT

Mr. LOTT. When the Senate reconvenes from the Easter holidays, we then will resume consideration of the Coverdell education A+ bill. In addition, it is hoped the Senate will be able to consider the NATO enlargement treaty the first week after the Senate reconvenes. I want to emphasize again that that will be done only after careful consideration of the arguments of those who are for the treaty enlargement and also the arguments of those who are opposed. We want to make sure we have ample time for all the arguments to be heard on both sides. So we will work early in the week to make sure we get a time agreement that is satisfactory. We also hope to take up the State Department Reauthorization Conference Report under a time agreement. As earlier announced, there will be no rollcall votes on the Monday that we return, so the next votes then will occur on Tuesday, April 21, at 10 a.m. The Senate could consider further votes on Tuesday morning as a result of debate on the Coverdell education bill, because we do have 15 amendments that could be offered as well as second-degree amendments to those. Senators should expect votes throughout the day of Tuesday, April 21, and we will begin early in the morning and we will go potentially late into the night that day.

Mr. LOTT

Mr. LOTT. Mr. President, I wish to observe, as is always the case, the distinguished Senator from South Carolina was one of the last to leave last night, approaching 11 o'clock, and was the first here this morning. We thank the Senator for his leadership as the President pro tempore of the Senate.

Mr. LOTT

Mr. LOTT. Mr. President, I also commend the Chaplain not only on his usual beautiful prayer but on the beauty of his Ogilvie tartan tie that he sports this morning in recognition, I am sure, of Tartan Day that is coming up in just 3 days, next Monday. So we look forward to that celebration with the Chaplain.

Mr. LOTT

Mr. LOTT. If there is no further business to come before the Senate, I now ask that the Senate stand in adjournment under the provisions of H. Con. Res. 257.

Mr. LOTT

Mr. LOTT. Mr. President, we will have a period of morning business today until 12 noon. It is planned today to consider S. 414, the international shipping bill. In addition, the Senate, of course, will take up any executive or legislative business cleared for Senate action. I thank all the Senators who have been working on the international shipping bill, including the chairman of the subcommittee, Senator Hutchison; the chairman of the full Committee on Commerce, Senator McCain; Senator Slade Gorton of Washington, who has been working to address some concerns he still has, and he believes he may have an amendment on this later on today; and Senator Harkin and others who worked with us on getting this language agreed to so that we can take up this important legislation. I do confirm that there are some further nominations that we hope to move today. Several of them were considered and approved last night, but we will be going over the list in the next couple hours to see if there are others that can be approved. There will be no rollcall votes today. The next rollcall vote will occur on or in regard to the Coverdell A+ education savings account bill on Tuesday, April 21, at a time to be announced--probably in the morning, hopefully the early morning of Tuesday.

Mr. LOTT

Mr. LOTT. Mr. President, since there is no other Senator seeking recognition at this time, I wish to further comment on the action of the Senate over the past few days, particularly with regard to the budget resolution that passed last night. Because of the lateness of the hour and the fact that we had had 24 votes during the day on Thursday, we did not really have an opportunity to give proper accolades when we completed that work. I say again how much I appreciate the leadership of Senator Domenici, the chairman of the Budget Committee. As always, he exhibited real leadership. He knows more about budget substance, about the numbers, and about the points of order than all the rest of us combined probably. He did a great job of getting the bill through in, I believe, record time at least in recent history, certainly since I have been in the Senate since 1988. So I thought that was a tremendous accomplishment. He did get good cooperation from Senator Lautenberg, the ranking member of the Budget Committee, and he worked on both sides of the aisle to hold down some of the amendments that really did not need to be offered, either sense of the Senate or could be offered at another time. It was really a tremendous accomplishment to get it completed from a process standpoint, but also the substance deserves more attention than we were able to give it late last night. It is a historic budget because it does for the first time since, I believe, 1969 get us to an actual balanced budget and to a surplus, hopefully, in this year and over the next few years, hundreds of millions, billions of dollars of surplus, which is something we have not experienced in a long, long time. So it is balanced. It will lead to surpluses. It provides tax cuts, and we hope to have even more tax cuts agreed to in the conference report beyond what was actually included in this budget resolution. It does take steps to further protect and preserve and allows us to look at reforming Social Security so it will be there not only for our parents but for ourselves and our children well into the next century by setting aside a surplus for Social Security. I think that is a very positive step. I think we need to think very carefully about how we go beyond not just setting aside some money but how we really deal with the future needs of Social Security. It also, after repeated attacks, continues to say that any tobacco settlement that we may reach will go into Medicare, where it is needed, because over the next 8 to 10 years that program will again begin to have problems. So the combination was a really good budget resolution. It goes to conference now, as I noted. We will have a good conference. I hope, as we discussed yesterday, that we can actually come up with more tax cuts than we have earmarked in this budget resolution. But I remind my colleagues we can always come up with more than what is provided in the budget if we can find offsets, and we should look for them. We should look for places where there is spending not necessary or that is duplicative or can be better used by allowing people to keep their own money. I do think we should make a special effort this year to begin the process of eliminating the marriage penalty tax. How in the world in America can we defend the fact that young couples, when they get married, pay more taxes even though they make no more income. The average tax increase for a married couple over what they pay before they are married is $1,400. You talk about fairness in the Tax Code. That is one provision that must be changed, and we will work together in a bipartisan way to see if we can eliminate the marriage penalty tax this year. I also thank the Senate for a lot of good work in other areas over the past couple weeks. We did reach agreement on how to consider the Coverdell A+ education bill. It will be a very fair process. We will have 15 or so amendments that will be offered dealing with education only, not extraneous matters that we argued about for over 2 weeks. It will deal with education from both sides of the aisle. Some of them may be accepted, some of them may be second degreed, but I think we will have a great education discussion when we return on April 20, and hopefully we can complete that bill by April 22. We do hope to take up the NATO enlargement bill later on that week, but I want to make sure that every Senator is comfortable with how that is done, make sure that we have enough time to debate that very important matter fully, but reach a conclusion within, hopefully, 3 days or so--probably by the 26th or 27th of April. The Finance Committee took a very positive step forward earlier this week with regard to IRS reform. The House did a good job last year getting it started, but we found where there are other real abuses by IRS. We had a unanimous bipartisan vote to report the IRS reform bill out of the Finance Committee, so that bill will be coming to the floor, probably around the first week in May--May 4, something of that nature. It does deal with abuses of such things like the innocent spouse, where an innocent spouse, even though he or she may be divorced, is now being held responsible for half or all of the debts of their spouse or former spouse in a very unfair way. It does provide for some restrictions on the excesses of penalties and interest. Many of us know instances, now, where people have found that they owe more in penalties and interest on taxes than they originally owed. So this bill will begin to cut that back and get it under control. I think the taxpayers will be very proud of that. Finally, I think we should take note of the vote that occurred in the Senate Commerce Committee on a tobacco settlement package. It still has a long way to go, but that vote was 19 to 1, and was reported out. Most people thought it would never get beyond the committee, that it probably would never even be considered. But it was considered, and I think that was a move that will lead us to an opportunity in late May to take up that very important legislation to deal with teenage smoking, to try to deal with the Medicare problems that are caused by the health effects of smoking. I commend Senator McCain and Senator Hollings, all those on both sides of the Commerce Committee for their leadership there. So, as is typical of the Senate, after a lot of work behind the scenes, there was a burst of activity this week, and I think it has put us in a position to complete a lot of good bills when we return the latter part of April. Mr. President, I suggest the absence of a quorum.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment under the provisions of H. Con. Res. 257, until 11 a.m. on Monday, April 20; and, immediately following the prayer, the routine requests through the morning hour be granted and the Senate then proceed to 2 hours of morning business, with time to be divided as follows: 1 hour under the control of Senator Hagel, 1 hour under the control of Senator Daschle. I further ask that following the morning business period, the Senate proceed to consideration of the Coverdell education savings account bill under the consent agreement of March 27, 1998.

Mr. LOTT

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

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that there now be a period for the transaction of morning business with Senators permitted to speak for up to 5 minutes each.

Mr. LOTT

Mr. LOTT. Mr. President, I am pleased that today the Senate is considering the Ocean Shipping Reform Act. This legislation provides a major step forward in reforming America's public policy on maritime issues. When the Senate adopts this legislation, it will make America's maritime container shipping industry more competitive in the global marketplace. The bill is a fair and responsible balance for all the parties affected by this policy change. This bill will increase competition in the ocean liner shipping industry and it will help American exporters, from every state in the nation. Every American exporter and the American maritime industry will have a better chance to compete in the world market. Just last night I was working with Senator Harkin to address his concern with the bill--Iowa farmers who export produce wanted to make sure we got the bill right. This is just another illustration that all states have a stake in making sure this maritime reform is completed. Maritime policy affects all Americans. If an American company exports, it is likely that its goods are sent overseas by container ships. That is why it is especially important that the United States have a shipping system that allows American carriers to compete on a level playing field. S. 414 provides America that system. This evolving legislative effort started back in the 104th Congress. While it has taken the Senate and all the stakeholders' time to develop an equitable solution, we have ultimately reached an historic balance between the needs of shippers, carriers, ports, and labor. My colleagues, who helped get to this point, will all tell you the ocean liner shipping world includes many different and difficult competing segments. But, every one of them genuinely wanted legislative reform. In the end it meant all sides had to accept compromise. And, they did. These stakeholders' rolled-up their sleeves and worked to reach a consensus. I am proud of their efforts to look beyond their own self-interests. I am also proud of the leadership and support provided by my colleagues in the Senate for working in a bipartisan way to reach a consensus on this important initiative. Again, I think it is important to recognize that affected stakeholders are solidly behind the changes in maritime policy called for by this Act. The list of stakeholders included the National Industrial Transportation League, Sea-Land Service, APL Limited, Crowley Maritime, the Council of European and Japanese National Shipowners' Association, the Association of American Port Authorities, the International Longshoreman's Association, the International Longshoreman's and Warehouseman's Union, the Transportation Trades Department of the AFL- CIO, among others. This is a divergent group that normally does not hang out together. Their interests often pit these groups at each other in adversarial relationships. But, they came to the table in the search of a much needed legislative solution. This is a signal of just how important Ocean Shipping Reform Act is to correcting America's maritime policy. Not only did the group find a solution; they strongly support this legislative conclusion. It demonstrates that when they work together, the maritime industry can accomplish meaningful reform. Reform that is good for America. I hope we can build on this effort and achieve additional reform. Before I go further, I want to pause and salute my friend and colleague Senator Gorton for his participation in this reform effort. Mr. Gorton is the author of the 1984 Act which this legislation is amending. He fully recognizes that maritime reform is an incremental process because of the complexity of the interacting segments. His guidance was essential. Senator Gorton has an amendment that affects the balance and the compromise achieved by the bill and its manager's amendment. I am opposed to this amendment. I feel it is in our best interest to proceed with Senator Hutchison's bill Senator Hutchison has done an excellent job of advancing this needed maritime reform. She is a sponsor of the Ocean Shipping Reform Act, and its amendments. She will provide a response to why Senator Gorton's proposal should not be adopted. I want to end by congratulating all of my Senate colleagues, on both sides of the aisle, for their efforts to advance this real maritime reform. Their staff's also worked hard on the Ocean Shipping Reform Act of 1998, and they too are a part of this successful effort. I want to specifically point out Mr. James Sartucci of the Senate's Commerce Committee for his professional diligence and honest brokerage respected by all sides of the debate. He has kept faith with all the groups over the past three years. He was instrumental in making sure the policy changes were coherent and fair to everyone. He worked in a truly bipartisan manner which is a hallmark of why the Commerce Committee consistently produces successful legislative solutions. Mr. President, I now call upon the House of Representatives to complete the legislative process on maritime reform this year so the nation's consumers, businesses, and shipping industry can reap the benefits of a reformed ocean liner system. Mr. President, I ask unanimous consent that the vote in relation to the Gorton amendment No. 2287 occur at 10 a.m. on Tuesday, April 21, with 20 minutes under the previous consent agreement commencing at 9:40 a.m.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that no earlier than May 20--however, no later than May 22--it be in order for the majority leader, after consultation with the minority leader, to turn to the consideration of Calendar No. 299, H.R. 2709. I ask unanimous consent that it be considered under the following limitations: The only amendments in order be the Levin amendment relating to the date of behavior subject to sanctions and a relevant second-degree amendment to be offered by Senator Lott to the Levin amendment; that there be 1\1/2\ hours of debate on the bill divided in the usual form and 1\1/2\ hours on the amendments divided in the usual form. I further ask unanimous consent that following the expiration or yielding back of time and the disposition of any pending amendments, the bill be read a third time and the Senate proceed to vote on the passage of H.R. 2709 with no intervening action or debate.

Mr. LOTT. Just one brief note, Mr. President. This does have to do with the Iran sanctions. We are still very much concerned that Russian companies are providing technology to Iran that could be used in very dangerous ways. The administration has been working with Russia to try to address this problem, but sufficient progress has not been made. The Senate cannot in good conscience allow this resolution to pend indefinitely without it being useless, so we are trying to set a time certain so that we can see if progress is being made. If not, the Senate should act.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3226 received from the House.

Mr. LOTT. Mr. President, I ask unanimous consent that the bill be read three times, passed, and the motion to reconsider be laid upon the table.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that committees have between 11 a.m. and 3 p.m. on Tuesday, April 14, to file committee reported legislation and executive items.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate immediately proceed to executive session to consider the following nominations on the Executive Calendar: Nos. 240, 559, 566, 568, 570, 571, 575, 576, and 577. I further ask unanimous consent that the nominations be confirmed, the motion to reconsider be laid upon the table, any statements relating to the nominations appear at this point in the Record, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Commerce Committee be discharged from further consideration of H.R. 2843 and the Senate proceed to its consideration.

Mr. LOTT. I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid on the table, and that any statements relating to the bill appear at this point in the Record.