Trent Lott

Mr. LOTT

Mr. LOTT. I thank Senator Daschle. I do want to also take a brief opportunity, without naming names--and I think their names should be put in the Record--to thank a lot of staff people who worked extremely long hours, all night several times over the past few weeks, on both sides of the aisle. You know who we are talking about. We extend our appreciation and thanks to those staff members for their great work. This was a monumental accomplishment. I don't know how you physically got it done. I thank you for that.

Mr. LOTT. Mr. President, I expected that I would get this question, and I don't have a time that I could give. I must say that the Governmental Affairs Committee is working right now and looking into potential campaign violations, and what happened in the last election. I think for us to proceed before we even get the completion of that work would be premature. Regarding the last election, we ought to know what laws have been broken and how they were broken. I don't have a date in mind. I am sure I have been told by several Senators that this issue will come up sometime soon. I understand that. I hope that we will be patient and take our time and maybe even see at some point if we could not do something in this area in a bipartisan way. But I understand what the Senator from Massachusetts has said. He indicated he is going to bring it up at some point. I am sure that will happen. We don't have any time scheduled on that at this point. When we come back, the focus will be on the three remaining appropriations bills that we have not passed, the conference reports that we must pass, and pending legislation we must pass, including ISTEA, the highway transportation legislation, which expires at the end of September. We have a lot of very serious work to do of interest to the Nation's Capital, to the people in America, including the Interior appropriations bill, the Labor-HHS appropriations bill, as well as the ISTEA bill. But there is time to look at these matters. I am sure they will be considered appropriately as we move into the fall.

Mr. LOTT. Mr. President, I thank the Senator from Delaware for making that comment. That is the kind of recognition that we should give more of around here, especially between colleagues of opposite parties. Let me assure you that, without Senator Roth, the IRA provision and many other provisions in this bill would not be there. He was dogged and determined and did a great job. I thank the Senator for what he said and the recognition he gave.

Mr. LOTT. Thank you very much. Further, I want to say that we are going to have a period for morning business.

Mr. LOTT

Mr. LOTT. Mr. President, I stand here today with my friend and colleague Senator Daschle, the minority leader, to introduce an important public safety bill. I am also joined by initial cosponsors Senators Shelby, Rockefeller, Warner, Robb, Inhofe, Inouye, Cochran, and Conrad. The Comprehensive One-Call Notification Act is designed to protect a very important component of America's infrastructure--our underground infrastructure. With roots going back several Congresses, this legislation enjoys widespread bipartisan support and is supported by several members of the Senate's Committee for Commerce, Science and Transportation--the committee of jurisdiction. This legislation provides a public policy statement which is long overdue. The legislation is still a work in progress and I look forward to working with my colleagues across the aisle and on the Commerce Committee to further fine-tune this bill as the process moves forward. America's underground infrastructures contain many buried communication and fiber optic cables, water and sewer pipes, electric lines, and oil and gas pipelines. All too often people inadvertently damage these facilities causing harmful consequences. Often a nick or a bump which goes unreported can, over time, become a problem and have a delayed harmful effect. Mr. President, this bill is important because it will prevent some of the damage to underground facilities that causes accidents across America. These accidents often are caused by excavation without notice or by inaccurate markings of our underground facilities. This damage to the infrastructure may cause environmental harm and disrupt essential services and even cause injuries and fatalities. I am not here today to condemn those who excavate. I am here today to say that one-call safety legislation is necessary because many excavation accidents are preventable. Mr. President, America needs a single, nationwide system to forward excavators' toll free calls to the appropriate State or local one-call center. To delay further is to unnecessarily jeopardize America's underground infrastructure. Let me make it clear this is not a new idea. It is a concept that has been embraced by many States. Already 49 States have some form of a one-call system on the State level. I am proud to say my State of Mississippi has a one-call system; however, many of these systems can be improved with Federal assistance. Our bill does that. This bill uses an approach that will create uniform national standards and provide grants to establish or improve State one-call systems. This bill does not dictate how a one-call system should operate or how a State's law should be written. On the contrary, it requires input from States and stakeholders before developing operational best practices and gives States the latitude to continue to determine the details of its one-call statute. This analysis will serve as the catalyst for a national effort to improve State one-call programs. Mr. President, the administration also recognizes the necessity for a one-call safety statute. When the President introduced his method for the reauthorization of America's Intermodal Surface Transportation Efficiency Act, he included a one-call provision. Our bill is different, but it is compatible. In addition to working with my initial cosponsors during the drafting phase, I have worked with the administration to address their concerns. We are not done yet, but we are committed to continuing the dialog. The introduction of our bill is the Senate's first step. By introducing the legislation today, we hope the congressional recess will be used by organizations and stakeholders who have an interest in this policy to enter into the discussion. It is the desire of the initial sponsors to include those with an interest in this public safety policy in preparing the legislation for a committee hearing. This bill sets out broad minimum standards for State one-call programs. There is flexibility for States to determine who will participate and how enforcement will occur. The legislation is not proscriptive. Rather, it identifies the goals. The foundation for our approach is the understanding that the level of risk varies with each type of excavation activity as well as the type of organization which conducts the excavation work. The bill will offer State grants for those States who want to participate. A study will also be conducted to identify the best practices for one-call centers and to promote adoption of the most successful solutions. Mr. President, this bill is neither a mandate nor unfunded. I want to repeat this. There is no mandate that every State must participate. We are simply proposing the authorization of sufficient funds to study State activities and to administer assistance to States wanting to participate. I expect those industries which place a premium on operational convenience will recognize that one-call is responsible and a small price to pay for ensuring safety of the public and environment. I am optimistic that all affected parties will work in genuine partnership with us to finalize the legislation rather than sit on the sidelines and criticize. Mr. President, the information highway offers many opportunities and challenges for our society and culture but, it too can be put in a peril by simple events. Just 2 weeks ago an article in the Washington Post reported that for half a day the Internet and long distance communications on one carrier were disrupted by a backhoe cutting through a fiber optic cable. Let us also not forget the death of an 84-year-old woman in Indianapolis, IN last week where a blast leveled seven homes. The Indianapolis Star/News said the explosion turned the quiet subdivision ``into a living Hell. The blast turned trees and utility poles into impromptu candles and sent chunks of earth raining down as people ran for their lives.'' I believe our legislation will play a part in preventing this type of disaster. Finally let's not forget the 1994 accident in Edison, NJ where there was a much larger explosion. Significant property damage occurred and again there was loss of life. This event prompted one of our former colleagues and the senior Senator from New Jersey to actively work for tougher laws governing America's infrastructure. Former New Jersey Senator, Bill Bradley and Senator Frank Lautenberg were actively involved in seeking a legislative solution and today's bill is a direct result of their efforts. I am convinced that this Congress will champion meaningful safety reforms and leadership for America's underground infrastructure. It will not be a traditional big government approach. It will help provide adaptable, convenient, accountable, meaningful and overdue protection for citizens. I want to thank my colleagues for their attention, and I hope they will join us as cosponsors. Mr. President, I request unanimous consent that the text and summary of the Comprehensive One-Call Notification Act be entered into the Record.

Mr. LOTT

Mr. LOTT. Mr. President, we have had some others cleared. Therefore, I ask unanimous consent that the Senate continue in executive session to consider the following nominations on the Executive Calendar, the nominations of George Omas, James Atkins, and Janice Lachance which were reported from the Governmental Affairs Committee today, that the nominations be confirmed, the motions to reconsider be laid upon the table, any statements relating to the nominations appear at the appropriate place in the Record, and the President be immediately notified of the Senate's action.

Mr. LOTT

Mr. LOTT. Mr. President, I have to object to that request. But I note to the Senator from South Dakota--again, I understand why he would need to make that request. And I appreciate his cooperation. I observe that we have moved several judges in this group of nominations, some of them that have been pending literally back to last year, including some circuit judges, and that there are only four remaining that are on the calendar. I think we can maybe clear some more, one or two more of those early when we come back in session. I think a couple of them, we may have to call them up and have a vote. I am prepared to call them up and have debate and a vote on them as we did with regard to Mr. Klein at the Justice Department. I think that these holds can only last so long. And we have to call them up and have a vote one way or the other. The other nominations were only reported today. I think there are several of them that we can do quickly. A couple of them I know there is no problem with, but there are some others we just have not had a chance to discuss with the chairman and run them through our hotline and get them cleared. But we will be down to very few of these judges. And I hope to keep moving along as they come out of committee, including the ones that we moved here today. I believe they included the four I mentioned, and maybe there is one other one in sort of a unique category that we did approve. But we will keep working on it. And something more may even happen before the night is out. We will see how that goes.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following nominations on the Executive Calendar. Mr. President, I withdraw that unanimous consent request at this time and suggest the absence of a quorum.

Mr. LOTT. Mr. President, as in executive session, I ask unanimous consent that all nominations received by the Senate during the 105th Congress, first session, remain in status quo, notwithstanding the August-September adjournment of the Senate and the provisions of rule XXXIII, paragraph 6 of the Standing Rules of the Senate.

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 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 therein for up to 5 minutes each.

Mr. LOTT

Mr. LOTT. It would not have happened without the Senator from New Mexico, and I thank him once again for all of his long hours and great leadership. (Mr. SMITH of Oregon assumed the Chair.)

Mr. LOTT. I will yield to the Senator from New York.

Mr. LOTT. I thank the Senator from New York.

Mr. LOTT. Mr. President, I am glad to yield the floor to the Senator from New Jersey.

Mr. LOTT

Mr. LOTT. Mr. President, before leaving for the August recess, I want to address the Senate briefly on the matter of the vacancy in the Office of the Comptroller General. The General Accounting Office is a vital organization to the Congress, and the person selected to head the GAO must have the confidence of both the majority and minority. When a vacancy occurs, a commission is established by statute to consider and recommend candidates to the White House. The members of this commission are the President pro tempore of the Senate, the Speaker of the House, the majority and minority leaders in the House and Senate, and the chairman and ranking member of the Senate Governmental Affairs Committee and the House Government Reform and Oversight Committee. Members should be advised that this group has been organized on a bipartisan, bicameral basis, and we are moving forward. Based on the precedent of alternating between Houses, I will serve as chairman of the commission, with the Speaker of the House serving as vice chair. The Governmental Affairs Committee has jurisdiction over the General Accounting Office, and I have asked Senator Thompson and his staff to manage the administrative tasks of the commission. There are a number of candidates to start, but Senator Daschle joins me today in putting all Members on notice that we are open to recommendations. If you know of someone interested in being considered for the position, please advise me, the minority leader, Senator Thompson, or Senator Glenn at the Governmental Affairs Committee, as soon as possible to ensure that the commission has an opportunity to consider all qualified candidates.

Mr. LOTT

Mr. LOTT. Mr. President, this is the second time this week I have been blocked from trying to move to consideration of critical FDA reform legislation. This bill, the FDA Modernization and Accountability Act, would ensure that patients and consumers have prompt access to safe and effective products, including prescription drugs, medical devices, and foods. It would streamline the FDA bureaucracy, which has spun dangerously out of control in recent years. And, it would reauthorize the Prescription Drug User Fee Act. I am greatly disappointed that this bill is being held hostage by a small number of Senators. This legislation enjoys strong bipartisan support. It passed the Labor Committee by a bipartisan vote of 14 to 4. Since the bill passed committee on June 18, supporters of FDA reform have tried repeatedly to address the concerns of these four opponents. In fact, supporters of reform have made an additional 30 concessions in the bill since it was reported from committee. Cosponsors of the bill, Democrat and Republican alike, met with Senator Kennedy this morning in a last ditch effort to convince him to let the bill go forward. Despite the bill's strong bipartisan support and despite these additional compromises, he refused. This legislation is too important to be held hostage. As such, I intend to bring the committee-passed FDA reform bill to the floor in September. If necessary, I will file cloture to ensure that this important piece of business for the health of the American people is completed in a timely manner.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now turn to consideration of the tax fairness conference report regardless of receipt of the papers from the House.

Mr. LOTT

Mr. LOTT. Mr. President, we are glad to have you in this Chamber today.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that at 2:15 p.m. on Tuesday, September 2, the Senate turn to the consideration of H.R. 2160, the House Agriculture Appropriations bill, and one amendment be in order to be offered by Senator Harkin regarding FDA and there be 20 minutes for debate to be equally divided in the usual form. I further ask that following the conclusion or yielding back of time, the amendment be laid aside until 9:30 a.m. on Wednesday, September 3, and there be 30 minutes for closing debate to be equally divided, and following that debate, the Senate proceed to a vote on or in relation to the Harkin amendment. I further ask that immediately following the vote in relation to the Harkin amendment, all after the enacting clause be stricken, the text of the Senate bill be inserted, including the Harkin amendment, if agreed to, and H.R. 2160 be advanced to third reading and agreed to, and the Senate insist on its amendment, request a conference with the House and the Chair be authorized to appoint conferees on the part of the Senate.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now turn to the consideration of a House concurrent resolution that corrects the enrollment of the tax fairness conference report, that there be no amendments in order, that the concurrent resolution be agreed to, and the motion to reconsider be laid upon the table, all without intervening action or debate.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of House Concurrent Resolution 136, the adjournment resolution, which was received from the House. I further ask consent that the resolution be agreed to and the motion to reconsider be laid upon the table.

Mr. LOTT

Mr. LOTT. I would be happy to offer clarification to the Chairman of the Amtrak authorizing Committee. As members know, we have spent significant congressional time working to develop comprehensive Amtrak reform and reauthorization legislation. As Members further know, I worked for 2 years on a bipartisan reform package in the 104th Congress. Senator Hutchison has picked up this legislation effort and has worked diligently to advance the process. However, we cannot justify new Federal subsidies for Amtrak unless we also fix the many impediments imposed by statute which prevent Amtrak from operating like a business. Comprehensive reforms in the areas of Amtrak operations, labor, and liability must be enacted if we are serious about addressing Amtrak's financial crisis. Amtrak cannot survive without these fundamental changes. Money alone will not address Amtrak's systemic problems.

Mr. LOTT. I look forward to having the full Senate consider the authorization legislation reported by the Senate Commerce Committee and will be happy to work with the Senator.