John Chafee

Mr. CHAFEE

Mr. CHAFEE. Well, we certainly have tables and charts that will show what Alaska got under ISTEA I, what Alaska gets under ISTEA II, what Alaska gets under ISTEA II with the added money in the so-called Chafee amendment, what those total dollars are, what the total dollars are in ISTEA II, as amended, compared to ISTEA I. The percentage of the total moneys that are given out, I think, are pretty elaborate--the figures that we have provided. It isn't anything new.

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

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

Mr. CHAFEE. Mr. President, this amendment is a modification to the border crossing and trade corridor program. It is for the Secretary to consider an area's future growth while awarding grant funds.

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

Mr. CHAFEE. Mr. President, I send to the desk an amendment that makes a number of technical corrections or revisions to S. 1173, to correct certain grammatical errors, spelling errors, and incorrect references to the law. This amendment has been cleared by both sides. I ask for its immediate consideration.

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

Mr. CHAFEE. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CHAFEE. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. CHAFEE. Mr. President, I have an amendment here on behalf of Senator DeWine. It is a repeat offenders amendment. This amendment would strengthen and clarify the repeat drunk-driving offenders section of the bill. The bill, as currently drafted, requires States to enact and support penalties for drunk drivers, who have a blood alcohol concentration of .15 or greater, and who have been convicted of a second or subsequent drunk-driving offense within 5 years. The DeWine-Lautenberg amendment strikes the reference to .15 blood alcohol concentration and allows the State law on blood alcohol concentration to determine what is a repeat offender. The amendment, therefore, clarifies that a person who is arrested for driving with a blood alcohol concentration level lower than .15 still may be classified as a repeat offender. Mr. President, I know there is a good deal of concern amongst our colleagues about these drunk-driving amendments and the penalties that occur. I will not seek to have this agreed to now. I will only file it. It will be my intention to call this amendment up Monday, thus, giving those who might have concerns an opportunity to review it. I think when they review it, they will find that it gives more power to the States than the underlying bill does. Nonetheless, because of the deep interest in this matter, I think it well for it to lie over.

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

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

Mr. CHAFEE

Mr. CHAFEE. No. I want to report that we have not received complaints. Indeed, as I pointed out, my State has gone beyond the 10 percent. We are up to 12.1 percent. It is impressive how many States have gone considerably beyond. Our neighboring State, Connecticut, is at 15.7 percent. The suggestion that these are onerous restrictions that cause chaos amongst the States in dealing with these preferences just plain isn't true.

Mr. CHAFEE. I will.

Mr. CHAFEE. I am delighted that he has had a roll call of heroes of the country, but before he leaves I would point out one thing. It is not often that he is inaccurate, but I am afraid that he went overboard a little bit today when he suggested that the Supreme Court in the Adarand decision had struck down as unconstitutional the provisions of the affirmative action program. What the Supreme Court said in the 5 to 4 decision--I am talking about the Supreme Court. I like to deal with the Supreme Court. What it did is remanded that case. It did not say it was unconstitutional. Any talk of unconstitutionality came by the lower court which then examined whether the provisions in the Adarand situation conformed to the restrictions that the Supreme Court was applying. I just want to say to the distinguished Senator from Massachusetts-- and by the way, I am on my time now, Mr. President--I think he is exactly right when he points out the difference between what happens when you have a State program with no admonitions in it, or requirements as far as minority contractors go, and what happens when you have the Federal program when the efforts are made. I might say these, the goals, are voluntary in the States. In Kentucky--I was pleased to see that Kentucky is considerably above the 10 percent. Kentucky itself is at 11.5 percent. In my own State, when we have the State programs with none of the Federal requirements in them--with the Federal requirements we are at 12.1 percent to minority contractors; when we do it with the State's money, we are at zero. That is my State, at zero when we deal with the State handing out its money. But when we deal with the Federal Government's requirements, then we go up to 12.1 percent. So it shows the difference that the Federal Government's requirements make. Therefore, I am very much in favor of the language that is currently in the law and am in opposition to the McConnell amendment. Again, I would point out to everybody, if those who are against these preferences want to come out with a bill that deals with it generically--as we pointed out before, there are some 60 different programs--bring it out on the floor and let's debate it. But let's not do it one by one in individual programs such as this, and particularly this one where we have, as I pointed out yesterday, a letter from the Secretary of Transportation saying that he could not recommend the President sign this measure if the McConnell amendment should pass.

Mr. CHAFEE. Yes: it is. We have made it clear to the Secretary that while one can never predict with 100 percent certainty what language may pass constitutional muster, the Committee expects the Secretary and his legal staff to do their utmost to make sure that the new regulations closely follow the guidance set forth by the Court in Adarand.

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

Mr. CHAFEE. Yes: we will.

Mr. CHAFEE. Mr. President, I yield the Senator from Massachusetts 10 minutes.

Mr. CHAFEE. Before the distinguished Senator from Texas leaves, I want to say I always appreciate the opportunity to hear him debate on the floor because he is very good. In his admiration for the efforts that the Senator from Kentucky is making to defend our Constitution, as he outlines, I hope we can enlist the support of the Senator from Texas against an amendment that is clearly against the Constitution and restricting efforts there, and that is the so-called ``burning of the flag'' amendment. We would be glad to have him sign up against that pernicious proposed addition--I hope it never passes here--in connection with the Constitution.

Mr. CHAFEE. Yes.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate on Friday, March 6, 1998, at 9:30 a.m. in room 226 of the Senate Dirksen Office Building to hold a hearing on ``S. 1530, the Protection Act: Civil Liability Provisions.''

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I ask unanimous consent that in any quorum calls the time be charged equally between the proponents and opponents.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, on behalf of the majority leader, I announce that today the Senate will resume consideration of S. 1173, the so-called ISTEA legislation. Under a previous agreement, the Senate will conclude 90 minutes of debate on the pending McConnell amendment regarding contract preferences, with debate equally divided between the proponents and opponents, with 40 minutes of that time equally divided between Senators Chafee and Baucus. Also, as under the consent, at 11 a.m. the Senate will proceed to a vote on or in relation to the McConnell amendment. Following that vote, the Senate will continue to consider amendments to the ISTEA legislation. In addition, the Senate may also consider any legislative or executive business cleared for floor action. Therefore, additional votes are possible during today's session. An effort will be made to announce additional votes as soon as it can be determined when and if additional votes will take place. As a reminder to all Members, the first rollcall vote today will occur at 11 a.m.