Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, for the information of all Senators, a rollcall vote will occur at 5:30 this evening with respect to the nomination of Richard Young of Indiana. I repeat, Senators can now expect votes every Monday and more than likely on every Friday throughout the month of March, so that we can complete the highway infrastructure bill, have debate and votes on the NATO enlargement issue, so that we can take up the budget resolution, the Internal Revenue Service reform, and possibly even a supplemental that could include funds for Bosnia, Iraq, and IMF. We need to do those issues, plus the Coverdell A-plus education issue. There is no way we can do all of those in March without a much more aggressive schedule than we have had so far. So it is my intent to do that, and I believe I have the cooperation of the Democratic leader in that effort. Mr. President, I suggest the absence of a quorum.

Mr. LOTT

Mr. LOTT. Mr. President, this morning the Senate will be in a period of morning business until 2 p.m. At 2 p.m., the Senate will resume consideration of S. 1173, the so-called ISTEA legislation, which is the surface transportation authorization bill. As was mentioned on last Friday, many Members had lobbied for floor consideration of this very important legislation. I know that the chairman of the committee and the distinguished Senator from West Virginia had been urging that we move forward. Now we have the opportunity, but we are having difficulty getting Senators to come to the floor and offer amendments. We need those amendments to be offered today. I believe we have had one amendment that has been offered and accepted, but we need others. We need to make really good progress this week on this important legislation. Beginning on Wednesday or Thursday, we will also, hopefully, be able to take up the funding or financing amendments that may be offered. We do have some items--only a few--but we have some items left on the Executive Calendar that could be considered. Therefore, a rollcall vote is possible today. I had hoped that it would be on the bill itself. I understand now it may not be. So I am looking for an Executive Calendar nomination or two that might require a vote that we can take up. I want to make it clear to the Senators, once again, there will be votes on Mondays and there will be votes on Fridays so that we can get the ISTEA bill done and the other important legislation we must get done in March. Mr. President, I see Senator Kyl is here to seek recognition to talk on an issue that is very important to me and the country with regard to how we deal with the situation in Iraq. So I yield the floor at this time.

Mr. LOTT

Mr. LOTT. Mr. President, as I suggested this morning and had been predicting for the last couple of weeks, we are going to start having Monday votes--not before 5, usually, unless there is plenty of notice. But we need to make some progress on the highway transportation bill and also to further clear the Executive Calendar.

Mr. LOTT

Mr. LOTT. Mr. President, this morning the Senate will be in a period for morning business until 10 a.m. Following that, the Senate will resume consideration of S. 1173, the so-called ISTEA legislation, which funds our Nation's surface transportation infrastructure. It is hoped that the Senate will be able to make good progress on this important legislation during today's session of the Senate. Therefore, Members with amendments to the legislation should contact the managers of the bill to schedule floor time. In addition, we may consider executive or legislative business cleared for floor action. I believe we cleared four items off the Executive Calendar last night. So, rollcall votes are still possible in today's session, but unless we see more activity than we saw yesterday afternoon, I don't know that we will get to a recorded vote. But we will have some announcement on that at the earliest possible time after I consult with the managers of the bill and the minority leader. Let me say again, there have been a lot of speeches made on the floor, both last year and earlier this year over the past month, about how important this legislation is, how anxious Senators are to get on this legislation. I have a half dozen to a dozen letters on my desk from Senators saying, ``Let's get started; this is so important.'' Where are you? We need some amendments. Let's throw it up here on the wall. Let's get started. We are not going to be able to stay on this legislation indefinitely. At some point we are going to have to say OK, we are going to stay in at night, over the weekend, so we can finish this legislation and move on to NATO enlargement, the budget resolution, the Coverdell A-plus education bill, perhaps a supplemental which would provide funds for Bosnia, Iraq, IMF--in part or in whole. So, we have a lot of work to do. I have been saying that now for about a month, and class doesn't seem to be ready to go to work and take the tests. So, again, I plead with my colleagues, let's get some amendments started. I am expecting by late afternoon Monday, and certainly on Tuesday and Wednesday, we are going to be having amendments on a regular basis, and votes. Let me add this additional encouragement. We are not going to let this just languish. If we have to go to third reading--I have always had this real desire to go to third reading and end it. There are some 200 amendments pending out here. At some hour, some Thursday night, we are going to be scrambling around here trying to get an agreement on a list of 50 amendments which we will then have to vote on after 5 minutes of debate, or 2 minutes. That's ridiculous. It has been a nice 3 months, but it's time to go to work. I am going to be counting on some amendments very soon. If we do not have them by the middle of next week, I am going to start doing everything I can to cut off amendments. Because if they are serious, you will come to the floor and offer them. With that cheery note, Mr. President, observing no Senator anxious to speak, I suggest the absence of a quorum.

Mr. LOTT

Mr. LOTT. Mr. President, first I would like to express my thanks to the Chaplain for his recognition and expression of appreciation by the Senate for all of those employees who actually make this institution work. The Senators come to the floor and do their jobs legislatively, but without all of our employees who do all the things that make the doors open and the lights come on, we could not get it done. Rather than wait until the end of the session and pass a resolution to say that, I thought I would say it at the beginning. Maybe it will encourage them to work even harder in the interim.

Mr. LOTT

Mr. LOTT. Mr. President, I wish to express my support for an amendment to the Federal highway bill that is simple and straightforward. The amendment improves the environment and it saves federal highway dollars--two worthy goals. The amendment establishes a preference for the use of wetlands mitigation banks to offset impacts to wetlands caused by the construction of highways funded under the federal highway program. The amendment is not a mandate. It provides only that mitigation banking is the preferred alternative for mitigating wetlands impacts where there is a bank in the area of the highway project. The amendment is an incentive-based strategy for environmental protection that enjoys bipartisan support. Members of Congress on both sides of the aisle know that this is the only real way to achieve compliance. The amendment is sponsored by my friends and colleagues Senators Christopher ``Kit'' Bond and John Breaux. Mitigation banking refers to a large wetlands restoration effort where a ``bank'' of wetlands, usually 100 acres or more, is undertaken to compensate in advance for future wetlands losses from nearby development. The best sites for restoration of wetlands are often lands that used to be wetlands but were drained in order to plant crops. Mitigation bankers take a number of steps, such as breaking up drainage tiles, in order to reintroduce water to the site. Sometimes mitigation bankers replant native species, but often existing seed banks revegetate the land naturally once the water has been restored. Before long, a large, fully functioning wetlands ecosystem has been reestablished. Under federal guidelines, ``credits'' are generated based on the acreage and quality of the restored wetlands. The credits may then be sold to those who must restore wetlands to make up for those they have been allowed to disturb in order to build their school, office park, or other nearby project. In the context of highway construction, mitigation banking works as follows: a state department of transportation building a highway project that affects wetlands near a mitigation bank may buy credits from the mitigation bank. The state DOT fulfills its mitigation requirement by purchasing sufficient credits from the bank to offset the loss of wetlands from the project, and the bank sponsor assumes full responsibility for maintaining the restored wetlands site. Of course, the current federal highway program already allows federal funds to be used to mitigate adverse effects on wetlands caused by highway construction. But small, isolated, on-site mitigation projects are expensive and costly to maintain given the many small wetlands affected by a typical new highway project. In contrast, mitigation banks consolidate small, isolated wetlands mitigation efforts into large, high quality, diverse wetlands habitat. As a result, mitigation banks provide greater environmental benefits than piecemeal mitigation. The Bond-Breaux amendment provides simply that mitigation banking will be the preferred alternative for wetlands mitigation efforts paid for with federal highway money where there is a bank in the area of a highway project. Banks must be approved under the federal guidance on mitigation banking. In addition to benefiting the environment, use of mitigation banks will save federal highway dollars that can be made available for more highway construction. Experience has clearly demonstrated that private mitigation bankers can restore high quality wetlands at significantly less cost than state departments of transportation, as my colleague from Missouri has pointed out. This amendment is supported by the Corps of Engineers, EPA, the American Association of State Highway Transportation Officials, and numerous state departments of transportation. Even my own State of Mississippi believes this is a smart environmental idea and a smart highway idea. It doesn't surprise me that this amendment is sponsored by the Senator from Missouri, Mr. Bond, Senator Bond's creative mind has produced an innovative answer to this thorny environmental policy. All Americans know the value of wetlands and recognize the contributions of an effective transportation infrastructure. Mr. Bond has found a way to balance the problems and provide a smart solution. Mr. Bond has provided a win-win solution. His amendment encourages the investment of private sector resources and technology in wetlands restoration. It establishes a policy that rewards doing the right thing for the environment. I congratulate the Senator for his foresight, good judgment, and leadership. I am also not surprised to see the Senator from Louisiana, Mr. Breaux, joining Senator Bond in sponsoring this amendment. I citizens of Louisiana know what wetlands are because most of their state is classified as one. They know this type of public policy is a smart way to do highway business. I also commend my friend from Louisiana for his leadership on this amendment. Mr. President, in closing, this is an excellent amendment that will save federal highway dollars, benefit the environment, and allow federal highway projects to go forward more quickly and with more certainty. It has my strong support, and deserves that of my colleagues. Mr. CHAFEE addressed the Chair.

Mr. LOTT

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

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

Mr. LOTT

Mr. LOTT. Mr. President, I thank the Senator from South Dakota for his cooperation in this effort. Obviously, this is very important legislation. I believe progress has been made over the past couple of days in a bipartisan way to come to some agreements, although they have not been reached, that would allow us to complete this bill in a way that would be fair to most all Senators. I thank the Senator, and I thank Senator Baucus for his cooperation and particularly the chairman, Senator Chafee. I yield the floor. Mr. DASCHLE addressed the Chair.

Mr. LOTT. Mr. President, so, on behalf of the chairman, I further modify the committee amendment to reflect what is now in the form of a substitute amendment and, therefore, subject to further amendments and ask that the amendment be printed as a Senate amendment.

Mr. LOTT. Mr. President, again, what we are doing here, without going back and touching on last year's history--I do not want you to recall that--we did have some amendments that had been added to the tree, so to speak. We are withdrawing all of these now. We have the substitute bill out of committee. It is ready for amendments, and Senators will be able to come and offer their amendments, and we will have debate and vote. Amendment No. 1676. (Purpose: To provide a substitute)

Mr. LOTT. Mr. President, therefore, I withdraw amendments numbered 1312, 1313, 1314, 1317, and 1318 and the motion to recommit.

Mr. LOTT. I think we would honor our previous understanding that we would stack votes, if any were available, for 5 o'clock Monday afternoon. But, again, we will consult and have some further announcement on this after we get a better feel of how it is going to go later on today or before we go out for the week. Mr. President, I further ask unanimous consent that it be in order for me to withdraw all amendments and the pending motion pending to S. 1173, except the pending committee amendment, and it be further modified to be in the form of a complete substitute subject to further amendments.

Mr. LOTT. Mr. President, I would like to state at this point that I did consult with the leaders of the committee and with the Democratic leader about this issue. There are still discussions underway with regard to funding, whether or not some additional funds would be available, and how much. There will be meetings occurring on that, I am sure, later on this afternoon, tonight, and over the weekend. But there are a number of amendments that are pending to this bill that we can go ahead and take up that would take some time for debate and be considered and have debate and vote. It is my hope that we can get our colleagues to come on to the floor, offer amendments, and, hopefully, we could even have some amendments disposed of this afternoon. I have indicated to the Democratic leader that we have to expect votes on Monday and Friday in March, because we have not only this very important bill but a number of other important bills. We are just going to have to start having votes in order to complete this very ambitious agenda. Does the Senator wish me to yield?

Mr. LOTT. Mr. President, I ask unanimous consent that it not be in order to offer any amendments relative to funding or financing prior to the Senate resuming consideration of the bill on Wednesday, March 4, 1998.

Mr. LOTT. Mr. President, I see that the distinguished chairman of the committee that has jurisdiction over the surface transportation bill is in the Chamber. I believe that the ranking member is on his way. In fact, I see he has just arrived in the Chamber. So, I now move to proceed to S. 1173, the Intermodal Surface Transportation Efficiency Act of 1997.

Mr. LOTT

Mr. LOTT. Mr. President, I rise today to report on the status of the Ocean Shipping Reform bill, S. 414. This bill is one of two very important bills in the Senate which are badly needed to reform America's maritime industry. The other such bill would implement the OECD Shipbuilding Agreement. A few months ago, I reported that the Ocean Shipping Act was D.I.W.-- ``dead in the water''. Down on my native Gulf Coast, that usually means the engines are broken. ``D.I.W'' doesn't mean you're sinking--it just means you've got some work to do. It means that everyone's got to roll up their sleeves, get down in the engine space, pitch in and get the problem fixed. And, I'm glad to say, that's just what the maritime industry has done. Rolled up their sleeves and fixed the engine of the Ocean Shipping Reform bill. I am pleased to report that staff members of the shippers, port authorities, ocean carriers, and labor unions--all rolled up their sleeves and have fixed this legislation. It was very important to get everyone working together on this bill. The maritime industry is very large and very complex. Given the many interests involved, it is not surprising it has required slow, steady, and difficult work to get this bill ship-shape and steaming along. But that work has been done--and I want to congratulate those who have done the heavy repair work. We are now prepared to move quickly to pass this legislation.

Mr. LOTT

Mr. LOTT. Thank you very much.

Mr. LOTT

Mr. LOTT. Mr. President, I move to reconsider the vote.

Mr. LOTT

Mr. LOTT. Mr. President, for the information of all Senators, at approximately 2 p.m. today it will be my intention to move to proceed to the highway bill. If a rollcall vote is requested on that motion, then Senators should be prepared to vote on the motion by early afternoon. Regardless of that, Senators should expect votes with respect to the highway bill throughout the afternoon and into the evening. There is still the possibility of votes on Friday, and I hope there will be votes Monday. I hope that there will not be the necessity for a vote on the motion to proceed to the highway bill. Everybody understands it is very important. There are a lot of amendments pending we need to be working on in order to complete action in the Senate in a reasonable period of time so that we can have it done, and hopefully through the conference, well before the May 1 date. There are negotiations, discussions that have been underway. No agreement has been worked out. Any understanding that is worked out would still have to be, obviously, considered and debated and voted on by the full Senate. But I believe we are making good progress. The time that we have had for the last month has been, I think, beneficial, but it is time we go forward on this. I encourage Senators to get their amendments ready. There are a lot of amendments, other than funding amendments, that really need to be debated. I hope that they will be prepared to offer them this afternoon and on Friday. Let us get underway. With that, I yield the floor, Mr. President. Mr. McCONNELL addressed the Chair.

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that there now be a period for the transaction of routine morning business until the hour of 2 p.m. with Senators permitted to speak for up to 10 minutes each.

Mr. LOTT

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

Mr. LOTT

Mr. LOTT. I now ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 10 a.m. on Thursday, February 26, and immediately following the prayer the routine requests through the morning hour be granted and there then be a period for morning business until 11 a.m. with the time equally divided between the two leaders or their designees for debate prior to the cloture votes.

Mr. LOTT

Mr. LOTT. That is correct. That is amendment No. 1646.

Mr. LOTT. Mr. President, I move to reconsider the vote.