Robert Dole

Mr. DOLE

Mr. DOLE. First of all, Mr. President, let me indicate there will be no more votes this evening. We are still hoping to have the debate tonight on the rescissions bill. We have an agreement that we hope we can reach here in the next moments. It depends on, as I understand, some assurance from the White House to the Senator from Minnesota, Senator Wellstone. But it is the majority leader's intention to have the debate tonight, 40 minutes of debate, 20 minutes of debate tomorrow, there be two back-to-back votes, then a vote on final passage, if necessary, tomorrow morning. If we cannot reach that agreement, then I really will give up on it. We tried to accommodate the Senator from Minnesota. It is very important that we pass this bill, but we need to have some movement on the other side. Second, I have had a lengthy phone conversation with the President about Bosnia. He has asked that we not have a vote on the Bosnian resolution, S. 21, until next week. And I have told the President I would--he asked me to think about it overnight and contact him tomorrow. So I will certainly do that. Without in any way trying to characterize the conversation, I think the President indicated that he knew that the present policy was not working. He knew that the changes would have to be made. He was prepared to provide the leadership necessary to bring about those changes. I think that is about all I can say about it. But, obviously, I wish to cooperate with the President wherever and whenever possible. So it would be my inclination that we not vote on the Bosnia resolution this week. But I will discuss this [[Page S 10305]] with some of my colleagues in the morning and get back to the President. Third, we are still negotiating S. 343, the regulatory reform bill. Under the agreement, I can call for the regular order at any time, but an hour later we could have a cloture vote on S. 343. Obviously, I will give the Democratic leader, Senator Daschle, adequate notice before that is done. But there are still some negotiations underway. It is still our hope that we can find some common ground, though I must say some of the demands cannot be met. Perhaps some others can. And we should, hopefully, reach some final decision on that bill sometime tomorrow. Also, I hope, after we work out the rescissions agreement, that tomorrow morning following the vote on the rescissions package, we will take up legislative branch appropriations. We have notified Senator Mack, the subcommittee chair, so that we will start on our first appropriations bill somewhere between 9:30 and probably about 10 tomorrow morning. So that is sort of a summary of where we are. And while I dislike not being able the accommodate the staff, we need to wait until we hear from the White House before we know that we can proceed on the rescissions package. Perhaps we will just have a recess until 8:15. At least the staff can get up and walk around.

Mr. DOLE

Mr. DOLE. I ask unanimous consent that further proceedings under the quorum call be dispensed with.

Mr. DOLE

Mr. DOLE. Mr. President, we are still involved in a Republican conference, and we are still trying to determine whether or not we may be able to bring up the rescissions bill under certain strict limitations and certain agreements on voting against any amendments. We have not reached that agreement yet. We still hope to get a vote on Bosnia. But I think in view of the fact that we are still tied up in conference, I will suggest that we stand in recess subject to the call of the chair. But I indicate it will probably be before 6 o'clock. If necessary, we are going to have to postpone the conference until tomorrow because I think we have important business to do here, hopefully, this evening.

Mr. DOLE

Mr. DOLE. Mr. President, the Senate Republicans are still in conference, but I think in view of the fact that we have some who wish to speak on the Bosnia resolution, and we are still trying to work out some agreement on the rescissions package, I think it is better if we do business, if the Presiding Officer does not mind missing part of the conference. If it becomes critical, we can always recess. Mr. COATS addressed the Chair.

Mr. DOLE

Mr. DOLE. I move that the Senate stand in recess subject to the call of the Chair.

Mr. DOLE

Mr. DOLE. Mr. President, I now move that the Senate stand in recess until 5:15 p.m.

Mr. DOLE

Mr. DOLE. Mr. President, in just a minute or two I will ask that we stand in recess until 5:15 p.m, because the Republicans have a conference, and I think a number of my colleagues on the other side are at the White House discussing with the President the Bosnian resolution. There may be a chance we might bring up the rescission package tonight, too. I need to talk to Senator Daschle about that. So we will be under a strict time agreement, a limited number of amendments, and an agreement that the leadership on each side will vote against the amendments, as well as most of our colleagues, because this is something that has taken a long time because of a couple of Senators, who certainly are within their rights. But if we cannot reach that agreement, we will not bring it up. I want to say just one additional word on this resolution. Yesterday I addressed some of the criticism made by opponents of our legislation, and there are just a couple others I want to review at this point. The first criticism is that the legislation is unilateral in nature. Yes, this bill is unilateral. It provides that the United States will lift the arms embargo only after UNPROFOR withdraws--I would like to repeat, after withdrawal of the United Nations protection forces. This fact is being ignored by the administration and by some of our allies. In my view, unilateral action as provided by this legislation is hardly a negative, but a positive. What the last 3 years of multilateral hand-wringing have demonstrated is that if the United States does not lead, action is not taken. It is time for leadership. We have been waiting, waiting and waiting for leadership. And so far nothing has happened. We are witnessing this right now. Thousands of civilians have begun to flee Zepa, as the Serbs close in. The United Nations has written Zepa off. And the hand-wringing is beginning with respect to Gorazde--the third eastern enclave. If Gorazde goes, that will be three out of six safe havens have been overrun. The French reportedly have a proposal for Gorazde that they are advocating. The British oppose stronger action and want the status quo. The White House spokesman says the administration is ``leaning'' toward action--but is not clear if the main objective is to forestall the fall of Gorazde or thwart this legislation. In fact, the White House press secretary said this is a nutty idea. Well, I hope he tells that to Senator Moynihan and Senator Biden and Senator Lieberman and Senator Feinstein and other Democrats who are supporting us. If it is a nutty idea, I am certain they would not want to have anything to do with it. It is not a nutty idea. It is an idea we have been working on for years, Democrats and Republicans, to de-Americanize the conflict, lift the arms embargo, let Bosnia defend themselves without committing American troops. That is what it is all about. But I see an effort now by the White House at the last moment to stall and not have a vote on this legislation--always something better going to happen; just wait 1 more week, 1 more month. We waited 11 months. It has been 11 months since we had a vote. In any event, leaning toward more aggressive action is not a substitute for aggressive action. And this is not for airstrikes, which the White House appears to be considering. The obstacle to airstrikes has been and continues to be opposition from some of our allies; namely, the British. Unless that hurdle is overcome, all the reports that the President is ``leaning toward'' airstrikes is meaningless. Moreover, while many of us in the United States Congress have urged that NATO conduct something more than pinpricks, we must realize that the robust use of NATO air power now is an appropriate, if overdue, reaction to Bosnian Serb action, but does not constitute a policy in and of itself. Mr. President, what this bill does is commit the United States to leading the way and lifting the arms embargo, but going first does not mean going it alone. Last fall, nearly 100 countries--nearly 100 countries--in the United Nations General Assembly voted in support of lifting the arms embargo-- over 100 countries. It is not just the United States alone. I believe if the United States was in the lead, others would follow. I believe a number of countries, in addition to the United States, would also provide military equipment or the funds to purchase such equipment. I also would like to turn for a moment to the argument that UNPROFOR is neutral and lifting the arms embargo would eliminate that neutrality. First I point out that the U.N. resolutions are clearly not neutral. In imposing sanctions on Serbia, they recognize who the aggressor is. In committing to protecting the safe havens, on paper, they are acknowledging that the Bosnians need protection from this aggression. Finally, in perpetuating neutrality on the ground operationally, the U.N. peacekeepers are helping the very aggressors that have threatened to attack not only the Bosnians but the United Nations as well. This is not only absurd but a moral outrage. Finally, I would like to comment on the idea raised by some that there should be another cease-fire and more negotiations. It seems to me that for negotiations to be successful in Bosnia, there needs to be some leverage on the side of the Bosnians. Why should the Serbs agree to anything when they are given free rein to overrun U.N.-designated safe havens? At this point, the only negotiations that the Serbs might be interested in are the talks to arrange the surrender of the Bosnians. Well, the Bosnians are not ready to surrender. They are ready to fight and die for their country, if we only let them. That is what this debate is about. It is not Democrat; it is not Republican; it is not about liberal or conservative; it is about the U.S. Senate speaking on a very important issue. I hope we can have the vote before we adjourn today.

Mr. DOLE. Mr. President, I wish to thank my colleagues for the excellent debate. I have been listening to the debate all morning on the pending matter. I appreciate the fact that we have underscored again this is not partisan at all. It is nonpartisan, bipartisan. It is not an attack on this administration. As I have said, many of us were just as critical of the previous administration, the Bush administration. But I think the debate is good. I know that the Democratic leader indicates we may not be able to vote today, but hopefully we can tomorrow, or there may be amendments.

Mr. DOLE

Mr. DOLE. I suggest the absence of a quorum.

Mr. DOLE

Mr. DOLE. Madam President, earlier this month, in homes, neighborhoods, and communities across the country, Americans celebrated our Nation's 219th birthday. There was, of course, much to celebrate. Over two centuries after the signing of the Declaration of Independence, America remains what she has always been--the beacon of freedom, and the last best hope for all mankind on Earth. remembering american history But as we celebrate these freedoms, and commemorate those who have sacrificed so much along the way, we must also remember that American history is not always a tale of progress and dreams fulfilled. American history is a history of hope mixed with tragedy-- institutionalized slavery, a Constitution which said that African- Americans were only three-fifths human, Jim Crow and ``separate but equal.'' This legacy is a source of great shame for us precisely because so many of these outrages contradicted one of the founding principles of our republic--that all men are created equal and that we are all endowed by our creator with certain inalienable rights, including the right to life, liberty and the pursuit of happiness. Today, in the America of 1995, the evils of discrimination and racism persist. They may not be as blatant as they once were. They may not be as fashionable. But they are out there, lurking in the corners, poisoning young minds, and yes, harming real people in the process. Over the years, Americans of goodwill have tried to make a difference. We have enacted an array of antidiscrimination laws. And in the 1960's and the early 1970's, the concept of affirmative action was born, the product of a heartfelt desire to rectify past injustices and expand opportunity for all Americans. Many Republicans, acting with the best of intentions, were directly involved in this effort. I, for one, not only supported the landmark Civil Rights Act of 1964 and the Voting Rights Act of 1965, but have also endorsed certain race- and gender- conscious steps to remedy the lingering effects of historic discrimination. That is my record, and I am proud of it. only a temporary remedy Few of us, however, believed that these policies would become a seemingly permanent fixture of our society, but that is exactly what they have become today. During the past 30 years, we have seen the policies of preference grow and grow and grow some more, pitting American against American, group against group, in a bitter competition for a piece of the Government pie. Somehow, somewhere along the way, fighting discrimination has become an easy excuse to abandon the color-blind ideal. Too often today, the laudable goal of expanding opportunity is used by the Federal Government to justify dividing Americans. That is wrong, and it ought to stop. You do not cure the evil of discrimination with more discrimination. the president's review: lack of leadership President Clinton had the opportunity today to stand up for principle by stating--in the clearest possible terms--that it is wrong for the Federal Government to discriminate against its citizens on the basis of race, color, ethnic background, or gender. Without hesitation or ambiguity, he could have said ``yes'' to individual rights, and ``no'' to group rights; ``yes'' to the principle of equal opportunity and ``no'' to the perversion of this principle with the divisive policies of preference. Instead of clarity--and I have just finished listening to the President--the President has chosen confusion. He has chosen to complicate an uncomplicated issue with an avalanche of words and fine distinctions. This is not a difficult issue: discrimination is wrong, and preferential treatment is wrong, too. Our Government in Washington should unite the American people, not divide us. It should guarantee equal opportunity, not divide Americans through the use of quotas, set- asides, numerical objectives, and other preferences. And that is why I will introduce legislation next week designed to get the Federal Government out of the group preference business. The President says he is against quotas. Quotas are only a small part of the entire regime of preferences. It is not enough to oppose ``quotas,'' as if the label is what might be offensive. It is the practice of dividing Americans through any form of preferential treatment that is objectionable. The President also denounces preferences for ``unqualified''-- ``unqualified'' individuals, when the real issue here is not preferences for the unqualified, which virtually every American opposes--why have preferences for the unqualified?--but preferences for the ``less qualified'' over those who are ``more qualified.'' That is the debate. This distinction is critical. But it is one that the President conveniently ignores. Madam President, leadership is about making the tough choices. It is about staking out a clear and crisp principle and holding firm to it. And, yes, leadership can sometimes mean putting a little distance between yourself and your political allies. Regrettably, the President is trying to have it both ways. A Civil Rights Agenda For The 1990'S Madam President, 2 years ago, I convened a meeting in my office with a distinguished group of African-American leaders with the goal of developing a civil rights agenda for the 1990's, one that is relevant for the needs and challenges of our time. A relevant civil rights agenda means enforcing the antidiscrimination laws that are already on the books--enforcing the antidiscrimination laws that are already [[Page S 10261]] on the books. It means removing regulatory barriers to economic opportunity--something we are in the throes of trying to do right now on the Senate floor--including the discriminatory Davis-Bacon Act. It means school choice for low-income, inner-city people and means meaningful welfare reform that will transform lives from ones of dependence to ones of independence. And it means making our streets safer and renewing the war on drugs. After all, our first civil right is freedom from the fear of crime. This is the real civil rights agenda of our time. Not preferences, not set-asides, not quotas, but the dreams that are built on real opportunity. Madam President, I would hope when I introduce my bill it will become at least a focus of dialog because I know different people have different views. But none of us believes that discrimination is appropriate. It is wrong. It has always been wrong. It should be punished. And I think that is what this debate is all about.

Mr. DOLE

Mr. DOLE. I thank the President pro tempore. This morning the leader time has been reserved and there will be a period for morning business until the hour of 9:30 a.m.; and I just urge my colleagues--many always ask for a period of morning business, so we have 30 minutes this morning. I hope Senators will show up here in that time if they have anything to say. Then at 9:30 the Senate will resume consideration of S. 21, the Bosnia legislation. I assume rollcall votes can be expected throughout today's session of the Senate. Also, under the provisions of the agreement reached last evening, after a call for the regular order is made by the majority leader, the Senate may resume consideration of S. 343, the regulatory reform bill, and rollcall votes can be expected on that bill as well, including a third cloture vote on the Dole- Johnston substitute. But I do not anticipate any votes on S. 343 today. I think there will be an effort--in fact, I know there is an ongoing effort already in progress of some on each side of this issue--to try to work out some compromises. I am not certain whether any will be achieved, but there is an effort made to do that. I hope that everybody understands the importance of the regulatory reform bill. In my view, it is probably the second or third most important piece of legislation we have considered this year. It affects almost every family, every small business man or woman, every rancher, every farmer, every big business. And we have tried to make the case. We made a number of concessions. We believe we have a real regulatory reform bill. We believe that it should be supported by 75 percent of the Members of this body. And we did not understand, or at least this Senator does not understand, the reluctance of some on the other side to come to the table, because this is important legislation. It is a battle between those in the private sector and the bureaucracy and those who believe in more regulation and more Government and more micromanagement from Washington, DC. That is what is at issue here. Win or lose, it will be the issue. It seems to me that it is our obligation to try to put this together so the American people are the winners. We did not have debate on this floor as to whether we lost or they lost or somebody else lost. But obviously, there are some who cannot be satisfied, some who would gut the so-called Dole-Johnston proposal. This is not what it is about. It is about real regulatory reform. So I hope that those who will be meeting today will keep in mind the importance of this for the American people, not the Senate, not the Senators, not somebody's ego, but the importance to the American family where it has been estimated the cost of regulation is about $6,000 per year, which in most cases is more than people pay in Federal income tax. So it is very, very important. I will also give a report on welfare reform. We are making progress on welfare reform, and we will have other meetings today throughout the day on welfare reform. It is still the hope of the majority leader that on the week of August 7, we will take up welfare reform. And again it is not easy. Everybody has a different view on welfare reform. We believe we made some progress. And I hope, if we can resolve some of the issues, we can start the process of drafting that legislation. It also will be our intent to take up gift and lobbying reform next Monday. We are hoping to get a time agreement. We have a draft of a time agreement that has not yet been given the Democratic leader. Also, the Ryan White bill is supposedly coming up next Monday. And then also we hope to have some [[Page S 10260]] appropriations bills tomorrow and Friday. So, I just state to my colleagues, as far as we can determine at this point, there will be votes throughout the day on Friday and there will be votes on Monday. We will try to accommodate people on Monday by having votes occur later in the afternoon, but there will be votes on Monday. So, again, I hope we can move ahead on reg reform. It seems to me, rather than to just stand in recess, we might as well move on to the Bosnia resolution, which is highly important, as noted by the Chaplain this morning. There are no easy answers when it comes to this conflict. But it seems to me the best option at this point is to lift the arms embargo, give the Bosnians a right to defend themselves. They are an independent nation. They are a member of the United Nations. And under article 51, they have the right, or should have the right, of self- defense. This is not involving American ground troops. In my view, it certainly does not Americanize the war. If anything, it moves us farther away from the conflict. I believe that would be in our interest and would satisfy the concerns of most Americans. I reserve the remainder of my leader time.

Mr. DOLE

Mr. DOLE. Let me again just quickly recap: The legislative branch appropriations. We hope we can get a waiver on the military construction appropriation bill. We hope that we will be closer to some agreement on S. 343. I know there have been good-faith negotiations throughout the day by different groups, and we hope that could be concluded successfully. As I indicated earlier, I visited with the President by telephone about Bosnia, and I indicated to him I would discuss that with the Democratic leader tomorrow morning and see if we could not reach some agreement. For the information of all Senators, it is my intention to turn to the consideration of H.R. 1854, the legislative branch appropriations, at 10 o'clock tomorrow, unless there is objection.

Mr. DOLE

Mr. DOLE. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in recess under the previous order following the remarks of the Senator from Wisconsin, Senator Feingold.

Mr. DOLE

Mr. DOLE. Mr. President, I ask unanimous consent that when the Senate completes its business today it stand in recess until the hour of 9 a.m. on Thursday, July 20, 1995; that following the prayer, the Journal of proceedings be deemed approved to date, the time for the two leaders be reserved for their use later in the day; there then be a period for morning business until the hour of 10 a.m., with Senators permitted to speak for up to 5 minutes each with the following exceptions: Senator Thomas, 30 minutes; Senator Daschle or his designee, 30 minutes.

Mr. DOLE

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

Mr. DOLE

Mr. DOLE. Mr. President, for about the last couple of hours, 2\1/2\ hours, a number of our colleagues on both sides of the aisle have been negotiating on S. 343, the regulatory reform bill. Those negotiations are still underway. So as not to waste time, I have suggested to the distinguished Democratic leader, Senator Daschle, that we now proceed to consideration of S. 21, which is the Bosnian resolution, and I am hopeful we can reach that agreement and then we would continue on S. 21 and hopefully finish it tomorrow. That would give the Members who are in the negotiations on S. 343 all day tomorrow to see if they can come to some agreement on three or four important issues. I also have asked consent that, if they reach an agreement, that I can come back to S. 343 and maybe reach some agreement on completion of that bill or complete that measure. So as soon as I hear from the Democratic leader I can advise my colleagues on the schedule for the balance of the evening. If we cannot get the agreement, then we will come back on S. 343. There are a number of amendments that can be offered tonight, including the pending amendment by the Senator from Missouri. Senator Ashcroft has an amendment pending. So if we cannot reach an agreement, we will come back on S. 343 tonight and the Senator's amendment will be the pending amendment, as I understand it. There are other amendments that can be offered tonight on S. 343, so I am not at liberty to say whether or not there will be votes. But we will advise our colleagues as soon as we can. I suggest the absence of a quorum.

Mr. DOLE

Mr. DOLE. Mr. President, I think most of our colleagues know there is a meeting in Senator Daschle's office underway to see if they can make headway on two or three issues on reg reform so we can make a determination whether to have the third cloture vote tomorrow or do something else, maybe Bosnia. But the Presiding Officer is one of the principal Members of that negotiating team. And so he may go back and help the negotiation--I guess dealing with the judicial review section--I think it is in the best interest of all of us that the Senate stand in recess until 5 p.m. I ask unanimous consent that the Senate stand in recess until 5 p.m.

Mr. DOLE

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

Mr. DOLE. Mr. President, I also ask unanimous consent that a legislative fellow in my office, Mr. Ronald A. Marks, be allowed on the Senate floor for the duration of the Senate action on S. 21, the Bosnia and Herzegovina Self-Defense Act of 1995.

Mr. DOLE. Mr. President, I send the amendment to the desk in the nature of a substitute.

Mr. DOLE

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

Mr. DOLE

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

Mr. DOLE

Mr. DOLE. Mr. President, I thank the Democratic leader, Senator Daschle. I will take just a moment. I want to review for my colleagues. I think we made some progress on the regulatory reform bill. I think everybody would like to vote for regulatory reform. There are some limits. We cannot accommodate everyone's request. We would have a bill that many on this side and many on that side would not vote for if we tried to accommodate every request. There will be a cloture vote immediately after the vote on the so- called Glenn-Chafee substitute. I think there will be a third cloture vote. As I set out in the schedule, hopefully we would finish this bill today, to start on Bosnia late this evening or early tomorrow morning. There has been a cloture petition filed. There could be a third cloture vote. I have not made that final determination. Sooner or later, we have to recognize we have just about accommodated everybody we can. We have made a number of major changes in this legislation. Some are concerned that perhaps we made too many--``we,'' talking about the people who manage the bill and understand the bill. We think it is a good bill. It is real regulatory reform. It is what the American people are demanding. It is what small businessmen, farmers, ranchers, everybody else is demanding. We believe it is time to come to grips with it, and move on to something else. We have had parts of 9 days on this bill. That seems to be a standard on the Senate side. Everything takes 9 days. Maybe this will take 10 days. I do not know that the end is in sight. I alert my colleagues, if you are for regulatory reform, vote for cloture; if you are opposed to regulation reform, vote no, as you did yesterday.

Mr. DOLE

Mr. DOLE. I move to reconsider the vote by which the motion was rejected.

Mr. DOLE

Mr. DOLE. Mr. President, I ask unanimous consent that there now be a period for the transaction of morning business, with Members permitted to speak therein for 5 minutes each.