Trent Lott

Mr. LOTT

Mr. LOTT. As in executive session, I ask unanimous consent the Senate proceed to executive session to consider the following nominations on the Executive Calendar, and further the Senate proceed to an immediate vote on each nomination consecutively. I further ask unanimous consent that following the series of votes, and it is two votes on the nominations, the President be immediately notified of the Senate's action and the Senate then proceed to return to legislative session. The executive nominations at this time are as follows: Calendar No. 164, Henry Harold Kennedy, Jr, of the District of Columbia, to be U.S. District Judge for the District of Columbia, and Calendar No. 233, Frank M. Hull, of Georgia, to be U.S. Circuit Judge for the Eleventh Circuit.

Mr. LOTT

Mr. LOTT. While both sides continue to check the amendment list and see if we can get an agreement on the UC, let's start our first recorded vote, that will be out of the way, and perhaps we can get a final agreement.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT. I have been requested to get rollcall votes. Mr. President, I suggest the absence of a quorum.

Mr. LOTT. Mr. President, so that everybody will know we are on the verge of having a vote, I think it is in the interest of all of us to take 5 minutes, look at the list, and everybody could be called to notify them we are fixing to begin voting. And if the Senator was not here, we plan to vote on two judges tonight, and hope to get two more perhaps Monday or so.

Mr. LOTT. Yes.

Mr. LOTT. That was not in the UC.

Mr. LOTT

Mr. LOTT. Mr. President, I will yield the floor at this point, but I do hope we can be brief so we can get the committee started.

Mr. LOTT. Mr. President, I regret that we have to take this action in order to get our business done on a very important environmental issue. This sort of selective hit certainly, I think, would not be in the best interests of the legislative process of the Senate. We want to get Superfund legislation considered by the committee to the floor. We want to hear from witnesses such as the Governor of Nebraska and citizens who are affected by this. It seems to me the normal way of doing business around here is that is allowed to happen. Mr. President, the saber rattling has begun. After bipartisan cooperation by Senate Democrats and Republicans over the past several months, it seems as though the Democrats have now returned to the preening and posturing of politicians more interested in blocking and obstructing the other side than concern for the interests of the American people. Senate Democrats have effectively withdrawn from the bipartisan spirit of negotiation and compromise that has been evidenced regarding the budget and tax bills recently enacted by the Congress. Mr. President, the minority is, in effect, threatening to shut down the effective operation of the Senate. Now, they can call it selective cooperation or some other slick phrase that seeks to skirt the truth of the matter, but the American people are too smart for these word games, or, in Washington speak, for deceptive political spin. Let me state, positively, that we are more than willing to continue the spirit of bipartisanship to achieve significant accomplishments on subjects of importance to the American people. For example, we are more than willing to work through the Appropriations bills, through ISTEA, and through debate on the many other matters pending before the Senate. But it is going to take cooperation and good faith on both sides, including the Members of the minority. That good faith and cooperation is now missing on the part of the minority. The subject of the investigation into the election in Louisiana involves a duty of the Senate--of every Member of the Senate--to fully, thoroughly, and completely investigate the conduct of such elections where the integrity and result of the election is legitimately called into question. The minority is refusing to allow--in fact, is actively obstructing--the Senate from conducting a thorough and complete investigation of the election in Louisiana. If the minority wishes to prevent the Senate from living up to its duty regarding this election contest, and wishes to prevent the Senate from considering these important matters that I have noted and to shut down the Senate, then the minority must assume the responsibility for the consequences. Mr. President, good faith and cooperation is a two- way street. We believe that it is important to conduct and complete this election investigation in a thorough and complete manner. We are bound and determined that the investigation will be completed despite obstructionist tactics. I urge the minority to recognize the importance of this subject and the essential place that good faith plays in this legislative process. I urge the minority to assist us in completing this important investigation and to work together with us in good faith to address the many other subjects which are important to the American people. I will sum it up this way. This is not the way to get the investigation by the Rules Committee concluded. In fact, it will cause difficulty and will probably delay it. The goal is not--there is no way we could just say, OK, it is over right now. The intent of the chairman is to have a hearing, to see what evidence they have found during the August recess, and I presume to have a meeting at some point to decide what action, if any or none, is to be taken. We will conclude this. We have had to proceed, frankly, without the cooperation of the Democrats. I have been in Congress 25 years. I have never, never, ever before seen one party or the other, either party, walk out on a committee's investigation or activities, even though there have been many, many investigations, several in which I was involved. When I can look my colleagues in the Senate and the American people in the eye and say we have looked at this and we have found out as best we could--with the lack of help from the FBI, for instance, in most instances--we have concluded what happened or did not happen, and we in good conscience can say that, when I can do that, then we will conclude it. I can't do that right now. But rather than engaging in extended debate at this time, there will obviously be other opportunities to do that and----

Mr. LOTT. Mr. President, I want to make sure that the--first of all, I do not think----

Mr. LOTT. For the information of all Senators, our Democratic colleagues are objecting today to permission for two committees to meet during the pendency of this session. The Agriculture Committee began meeting at 9 a.m. this morning to discuss rural and agriculture credit issues. Yet, as a result of that objection, or the objection we heard on that committee meeting, they had to abruptly end their meeting at 11:30 this morning. The Environment and Public Works Committee is scheduled to meet at 2 p.m. today, and I want to take some action here momentarily that will allow them to, in fact, begin their hearing to discuss the Superfund Cleanup Act. Permission for them to meet was also objected to by the Democrats. It is my understanding that prominent witnesses have flown in from all over the country to appear before the Environment and Public Works Committee to discuss this vital environmental issue, what can we do to reform Superfund so the lawyers don't clean up but we clean up hazardous waste sites across America in most every State in this Nation. Included in the group that was to come to testify is the Governor of Nebraska. He is scheduled to be introduced momentarily by one of the Senators from Nebraska. That testimony would certainly be key with respect to the Superfund Act in that State. The objection lodged by the Democrats would deny that meeting from taking place unless the Senate were to recess. I regret that the Senate must recess in the middle of the day while discussing a very, very important piece of legislation, the Labor and Health and Human Services appropriations bill. We were, I thought, committed to working together in completing the appropriations process, especially a bill like this. While there are still some amendments pending that are of great interest and perhaps even controversial, we have made progress, and I think we could finish it up tonight with a little effort. Unfortunately, this objection will only delay the consideration and passage of the Labor, HHS appropriations bill. Our colleagues from the other side of the aisle have stated that ``there is no intention to interrupt the business of the Senate, which is to pass these appropriations bills. There is no one out there objecting to the work on those appropriations bills.'' Yet, the Democratic objection to the Environment Committee meeting today on Superfund in fact does interrupt the business of the Senate. I truly regret the action taken by our colleagues here today and hope this will not become a practice by Members on the minority side of the aisle. Having said all of that, by consent a vote is scheduled at 4:30 p.m. today on the D'Amato amendment to the Labor, HHS appropriations bill, and I now ask unanimous consent the Senate stand in recess until 4:30 p.m. today.

Mr. LOTT

Mr. LOTT. Thank you very much, Mr. President.

Mr. LOTT

Mr. LOTT. Mr. President, it is worth coming to the opening moments of the Senate session each day just to hear the Chaplain's prayers. I wish to express, again, my sincere appreciation for the beauty and for the meaningfulness of those prayers. It gives us the right frame of mind to begin a day's work together for the American people.

Mr. LOTT

Mr. LOTT. Mr. President, the Senate will immediately resume consideration of amendment No. 1077, offered by the Senator from Indiana, Senator Coats, who is here and prepared to go. This is an amendment, of course, to S. 1061, the Labor, HHS appropriations bill. It is hoped that an agreement can be reached this morning to conduct a vote on the Coats amendment by mid-morning, hopefully within the hour. In addition, Members can anticipate additional votes on amendments currently pending to the Labor, HHS appropriations bill and other amendments expected to be offered to the bill throughout the day's session. I understand a couple of amendments have been offered and set aside. I know there are some other amendments pending. As always, Members will be notified of exactly what time the votes will be scheduled. We will work with all Members to make sure they have an opportunity to offer their amendments and debate them, and then, of course, we will have votes, if necessary. I ask, again, that all Senators cooperate with our managers on both sides of the aisle. They are trying to move this very important legislation that means so much to our country. And, as is quite often the case when we return from a period back in our respective States, we have not gotten off to a fast start. We hope to complete this very important appropriations bill today. We do have some problems and some delays. I would like to address those just for a moment. First, with regard to tomorrow, it is still my intent to have a cloture vote in the morning. We have not set a time. It could be as early as 8:30 to accommodate Senators' schedules, on the cloture motion on the Food and Drug Administration reform bill. We need to get this bill done. It was reported out overwhelmingly from the committee, and it has broad bipartisan support. Unfortunately, this is even a cloture vote on the motion to proceed. The Senator from Massachusetts, Senator Kennedy, has objections to this FDA reform. I thought we had them worked out two or three times at the end of the session, before the August recess, and then it seemed to get away from us. I hope we can get all the Senators to work together and work out agreements so we can move this very important legislation. It is very important to the health and general quality of life of all Americans. This is an agency that has been bureaucratic, it has been slow, it has not done its work where it should be doing its work, and it has tried to force itself into areas where it really doesn't belong. This is long overdue. I, again, am interested in getting it done. But if we have to, we will have more than one vote or votes on cloture. We need to go ahead and complete this. I think, once we can get it to debate and vote, it will not take very long. If we can work out something, by the way, on the bill, before the time, then we would not have to have a cloture vote tomorrow. I would be glad to work with the leaders on the legislation, Democratic leaders, to decide on a time when it would be debated and when that would be scheduled, either later on this week, or Monday or Tuesday. We will work together on that.

Mr. LOTT

Mr. LOTT. Mr. President, the other issue I want to address is some of the problems we have today. When we have something brought to the Senate that we have to look into, and, in this case, I am referring to the election in Louisiana for the Senate last year, where allegations of fraud have been made, it is incumbent upon us to thoroughly check those allegations out. Unfortunately, the committee charged with jurisdiction in this area has not been able to work together in a bipartisan way to get it done and get the work completed. I want us to reach that point sooner, not later, and I have worked across the aisle to try to come up with a process to make that happen. I thought we had it worked out, again, the last week in July, and at the last minute that fell apart. So, we have to do our job. I am not going to come to the floor of the Senate, look Senators in the eye, and the American people, and say, ``We checked it out thoroughly, there is nothing here,'' or, ``There is a real problem here,'' until all the work that needs to be done has been done. I can't do that. Now we are being told, well, if you continue it, we are going to have delays and obstruction by the Democrats. What are they delaying and obstructing? The Labor, Health and Human Services appropriations bill, the Superfund reform. Here is a program, Superfund, that is really the laughingstock of America. You care about the environment? Who among us would not care that the program is not working. Lawyers have a grand time. They are making money. But we are not cleaning up hazardous sites. We are not cleaning up hazardous waste sites. So the Committee on Environment and Public Works wants to meet today to mark up the Superfund bill, and I am being told, ``Well, we are not going to let you meet; we are not going to let that committee meet, in a bipartisan way, and mark this bill up.'' And, therefore, I have no option but to say, OK, if you are going to do that, then we will go out this afternoon. If objection is made to the Environment and Public Works Committee meeting this afternoon to mark up Superfund reform, which would clean up hazardous waste sites in my State and probably every State in America, if that is going to be blocked, then the Senate will go out at 2 o'clock, we will be out until 4 o'clock so the committee can meet and do its work, and we will tack that time onto tonight. We are not going to have this arrangement where the other side tries to dictate the schedule in committee meetings. We are not going to do that. I have worked very hard to keep my word to the Senate and to the Senators. When I say we are going to meet and have votes, we try to do that. When we agree we are not going to meet and have votes, we try to honor that. We agreed we would be out in the third week in October for the Columbus Day period. I am going to keep my word on that. I tried to keep in mind the personal lives, and opportunities to have dinner with families and children. I want to do that. But if we are going to start playing this game of threats and delays and obstruction and blocking of committee meetings and that sort of thing, then I have no option but to put the time on the back end. So, I don't think that is necessary. We have had a good feeling here in the Senate for the last 2 months. We worked together in a bipartisan way, even when we disagreed. I think we can continue to do that, and I certainly will try to continue to keep my word and work with the Senators on this schedule. That is one of the reasons why we might have to vote early in the morning, because some Senators on both sides of the aisle want to leave. That is fine. We want to help them. But we also have work to do. So, I just wanted to point out what is going on. I don't have any problem with doing it this way. I just want everybody to understand I am not doing it to cause confusion or delay. I have no option. The Environment and Public Works Committee will meet today. We will continue to work on the Labor, HHS appropriations bill. I believe that we can and should get it completed today or tomorrow. But we will have success on this bill, and we will do it in a bipartisan way, and we will do it, hopefully, by the end of this week or the first of next week. So I just wanted to advise Senators what the schedule looks like for today and in the morning. I will talk to my counterpart on the other side of the aisle. I will be glad to work with Senators on FDA reform and Superfund reform and on Labor, HHS, to see if we can find reasonable accommodation, and we will also continue to pursue an opportunity to recommend to the Senate what action, if any, or none, should be taken with regard to the Louisiana election.

Mr. LOTT. I'd be glad to yield.

Mr. LOTT. Yes.

Mr. LOTT. Yes, there has been an effort that has caused it to be delayed and dragged out.

Mr. LOTT. In the areas they had looked into. There had been nothing done with regard to the gaming activities and the so-called life organization in New Orleans.

Mr. LOTT. But you are going to object to a committee meeting, which makes it necessary for the work of the Appropriations Committee to be interrupted.

Mr. LOTT. But it has been the common practice for committees to be able to meet. All I am saying to you is, work with us and we can bring this to conclusion. But I am also saying that if you start interrupting the business of the Senate or committees, it will not be without action in return. We need to work together. We need to do these things privately and communication in the type of way we have done over the last 2 months. But if you start playing games with committees meeting on important issues like Superfund and, let me tell you, fast track, it will have an effect. Every action produces a reaction. So let's not start down that trail. Let's continue to work together as we have, and we can complete our work on appropriations and on Superfund and on fast track and on ISTEA, and then return to our constituency.

Mr. LOTT. Let me just say, it is not easy, but it is a great pleasure. I'm enjoying it a lot.

Mr. LOTT. Mr. President, I ask unanimous consent, at the end of my remarks, to have printed in the Record the history of this type of investigation, these type of allegations and the length of time they have gone on.

Mr. LOTT. Mr. President, as a matter of fact, most of them, many of them, have gone on for weeks and months, including some Senators who serve here in the Senate right now, and they proceeded in the normal way. It is not my intention to delay this investigation and this conclusion. It is my intention to make sure that we have investigated all of the alleged fraud and abuses of election laws and illegal acts. When we have done that, I will press aggressively for a conclusion. But until that is done, with the cooperation of the Democrats, it will not end. I yield the floor, Mr. President. Exhibit 1 Contested Election Cases (Prepared by the Office of Senate Legal Counsel, December 1996)

Mr. LOTT

Mr. LOTT. Mr. President, I renew my request that the Senate recess until the hour of 4:30.