John Chafee

Mr. CHAFEE

Mr. CHAFEE. I move to lay that motion on the table. The motion to lay on the table was agreed to. Privilege of the Floor

Mr. CHAFEE. This amendment is agreeable to this side.

Mr. CHAFEE. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1721 to Amendment No. 1676 (Purpose: To ensure that there is adequate opportunity for public participation in the certification of transportation planning processes of metropolitan areas)

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 President, I ask unanimous consent that the order for the quorum call be rescinded.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, this is acceptable to this side.

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

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I move to table the amendment and ask for the yeas and nays.

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, I ask unanimous consent that the Committee on the Judiciary, be authorized to hold an executive business meeting during the session of the Senate on Thursday, March 5, 1998, at 10 a.m., in room 226 of the Senate Dirksen Office Building.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the Committee on Labor and Human Resources, Subcommittee on Children and Families, be authorized to meet for a hearing on after school child care during the session of the Senate on Thursday, March 5, 10 a.m.

Mr. CHAFEE. Mr. President, I ask unanimous consent on behalf of the Governmental Affairs Committee to meet on Thursday, March 5, 1998, at 4 p.m. for a business meeting. The agenda will be the approval of the Committee Report on the Special Investigation of Illegal and Improper Activities in Connection with 1996 Federal Election Campaigns.

Mr. CHAFEE

Mr. CHAFEE. It does not appear that there is anybody who chooses to come to speak in opposition. Does the Senator from New Mexico have others who wish to speak?

Mr. CHAFEE. Mr. President, the Senator is right. We have no objections.

Mr. CHAFEE. Mr. President, this amendment is acceptable to this side.

Mr. CHAFEE. How much time do we have left, Mr. President?

Mr. CHAFEE. Mr. President, we yield time from the opponent's side. Amendment No. 1387, as Modified (Purpose: To encourage the Secretary of Transportation to use the national laboratories in carrying out the research and technology program)

Mr. CHAFEE. This amendment is agreeable to this side.

Mr. CHAFEE. Mr. President, I would say to all within listening distance that we are anxious to move forward with this legislation. If individuals have amendments, if they will bring them over and discuss them with us, we may be able to accept them, but we certainly will be able to give the proponent a place in line so we can move forward with getting this legislation disposed of. So, we are very, very anxious to get on with these amendments. Perhaps we can enter into time agreements, but at least we can move forward. There is a mass of amendments out there, and it is discouraging to be here with nothing going on, in a quorum call, when potentially those amendments could be taken up. I thank the Chair, and now the Senator from New Mexico is ready to go, and that is encouraging.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I haven't heard from the Senator from Utah, the distinguished chairman of the committee who has power over all these affirmative action programs. Why doesn't he go after all of them? That would be a rather magnificent effort. It certainly would shake things up. The senator could come to the Senate and try to get rid of all 160 different affirmative action programs. Why doesn't he do that instead of picking on the highway program? Go after all of them. There is a suggestion for you. I certainly would not support that effort, but I am saying that if you really want to get into an affirmative action debate, why you don't do that, through your committee.

Mr. CHAFEE. In light of the agreement, as I previously announced, there will be no further rollcall votes this evening. The next rollcall vote will occur tomorrow morning at 11 a.m.

Mr. CHAFEE. Mr. President, we have completed on this side.

Mr. CHAFEE. Let me answer that quickly. There may be many arguments against the DBE, but I must say that your weakest one is this so-called unconstitutional argument. We all know about the constitutionality issue. In 1995, the Supreme Court handed down a decision in Adarand v. Pena. In Adarand, the justices specifically said that federal affirmative action programs are not unconstitutional. As long as the programs meet a compelling governmental interest and are narrowly tailored, then they can pass constitutional muster. Now, US District Judge Kane, to whom the case was remanded, ended up holding that part of the DOT regulations were unconstitutional on the grounds they were not narrowly tailored. But that is going to be corrected under the new regulations that are due out this spring. So as I say, of all your arguments, that really is the weakest. As a matter of fact, I will give you an opportunity to jettison that argument, if you want.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution appear at this point in the Record.

Mr. CHAFEE

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