Robert Dole

Mr. DOLE

Mr. DOLE. Mr. President, in the case of United States ex rel. Sequoia Orange Co. versus Sunland Packing House Co., and consolidated cases, pending in the U.S. District Court for the Eastern District of California, the private relator is opposing a motion filed by the Department of Justice to dismiss these cases. The court has scheduled a hearing on the Government's motion for this week. On Friday afternoon of last week, the relator caused a subpoena to be delivered to the office of Senator Dianne Feinstein seeking to compel her to appear to testify at the hearing on Wednesday, June 21, 1995, in Fresno, CA. The Senate's standing rules require all Senators to attend the Senate's sessions unless granted leave to be absent by the Senate. This resolution would authorize the Senate Legal Counsel to seek to quash the subpoena to protect Senator Feinstein's right to attend the Senate's sessions. Mr. President, I ask unanimous consent that resolution be considered and agreed to, the preamble be agreed to and the motion to reconsider be laid upon the table, and that any statements relating to the resolution appear at the appropriate place in the Record.

Mr. DOLE

Mr. DOLE. Mr. President, first, I welcome all the new pages. I think we have a new class of pages on each side of the aisle. We appreciate their efforts, and we will be working with them in the weeks ahead.

Mr. DOLE

Mr. DOLE. Mr. President, today, there will be a period for the transaction of morning business until the hour of 1 p.m. Following morning business, the Senate will resume consideration of S. 440, the National Highway System bill. The cloture vote on the motion to proceed to the highway bill, originally scheduled today at 3 o'clock, has been vitiated. There will be no rollcall votes today. We have been able to work out a process where we do not need the cloture vote. We notified everybody Friday afternoon, so I do not think anybody was unaccommodated because of that change. We will have amendments this afternoon and debate on amendments. If there are rollcall votes requested on any amendments, they will occur tomorrow morning. We hope to get an agreement on amendments, if we can, this afternoon. This is an important bill. We would like to finish consideration of the bill tomorrow evening, if possible. I know the managers will be on the floor at 1 o'clock. There are a number of key amendments, but beyond that, we do not see any real problems with the bill now that we have agreed on the Davis-Bacon amendment. That has been withdrawn from this bill. That debate will happen in a more general way on a later bill coming from the Labor Committee. So I urge my colleagues on both sides, if you have amendments to S. 440, to contact the managers so that we can move as quickly as we can this afternoon and this evening on debating some of the amendments. If rollcall votes are requested, they will occur tomorrow. I suggest the absence of a quorum.

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

Mr. DOLE

Mr. DOLE. Mr. President, I have asked on each side of the aisle, and apparently there is no request for the transaction of routine morning business. Rather than having the Senate wait until 1 o'clock, tying up the staff on the floor, we will recess. However, at 1 o'clock, we will go on S. 440. We will be on the bill. I move the Senate stand in recess until 1 o'clock. At 1 o'clock, we will be on S. 440. I hope and request that the managers be here at that time with amendments.

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 Senate stand in recess between the hours of 12:30 and 2:15 for the weekly policy luncheons to meet.

Mr. DOLE

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

Mr. DOLE. Mr. President, I know leaders' time was reserved.

Mr. DOLE. Mr. President, let me also indicate, as I said yesterday, we passed a very important piece of legislation, telecommunications legislation. And obviously there were many, many people who deserved to be thanked for their effort. Certainly, the chairman of the committee, Senator Larry Pressler of South Dakota, and members of his staff, and Senator Hollings and members of his staff, and many members of the committee. I wanted to make certain I did not forget to thank David Wilson on my staff, who has been following this issue almost on a day- to-day basis for the past several months. I certainly appreciated his efforts and his insight into the very delicate issues which were involved in the legislation. Mr. President, I understand there will be speakers coming to the floor. In the meantime, I suggest the absence of a quorum.

Mr. DOLE

Mr. DOLE. Mr. President, the facts are out: The New York Times reported last weekend that the Milosevic regime is actively aiding its Bosnian Serb allies--sending military assistance and fuel, SAM-6's, and even paying the salaries of many Bosnian Serb officers. This comes as little surprise to me, since I have been extremely skeptical of Slobodan Milosevic's reincarnation as peacemaker--an image the Clinton administration has actively promoted in a desperate bid to devise a Bosnia policy. Indeed, the recent hostage taking by the Bosnian Serbs, followed by their release as a result of Milosevic's efforts, has called into question the theory of a split between Milosevic and Radovan Karadzic. In my view the issue is not whether or not Milosevic and Karadzic are friends or political rivals, but whether or not their objectives are the same. The real question is, do Milosevic and Karadzic both want a greater Serbia? It seems to me that the answer is yes--and that this charade of good cop, bad cop, has been useful in furthering that objective. Apparently administration sources were aware of this support from Belgrade but continued with the approach of easing sanctions on Serbia. Those of us in the Congress who believed this policy was unwise for a number of reasons--including the fact that it removed leverage on the deteriorating situation in Kosova--were told that lifting sanctions would help bring peace to Bosnia because Milosevic would recognize Bosnia. Mr. President, this report should prompt an immediate review of the administration's approach. Now is not the time to lift or further suspend sanctions on Serbia. The Milosevic regime is clearly supporting Bosnian Serb and Krajina Serb forces--and maybe even orchestrating their actions. In addition, it is continuing to oppress the Albanian majority in Kosova--which is in its 6th year under martial law. Mr. President, I intend to offer an amendment to the foreign aid bill which would amend current Serbian sanctions legislation--originally sponsored by Senator Levin--to include strict criteria for the lifting of United States sanctions on Belgrade. This criteria will include a complete cutoff of military, political, or other material support from Belgrade to the Bosnian Serb and Krajina Serb militants; a restoration of civil rights to all minorities in Serbia; and a restoration of civil and human rights and political autonomy to the 2 million Albanians in Kosova. It is time to stop this farce. Milosevic is no peacemaker. He is the author of the tragedies in Croatia, in Bosnia, in Kosova. His regime must be held responsible for its actions, not rewarded for its pretensions.

Mr. DOLE

Mr. DOLE. Mr. President, last Monday's Supreme Court ruling in the Adarand case is good news for those who believe that the Federal Government works best when it works to unite all Americans of all backgrounds. In her majority opinion, Justice Sandra Day O'Connor correctly rejected the Clinton administration's position by insisting that Government-sponsored racial classifications, no matter how well intentioned, are inherently suspect and must meet the very highest standard of constitutional review--the standard of review known as strict scrutiny. Whatever our race or ethnic background, the simple truth is that we are all Americans. We all pledge allegiance to the same flag. We all pay taxes to the same Government. We all share the same hope of a better future for our children and grandchildren. And on the battlefield, we all bleed the same blood. As Justice Scalia said in his concurring opinion, and I quote: In the eyes of government, we are just one race. It is American. No doubt about it, the evil of discrimination continues to exist in the America of 1995. And, unfortunately, we have not yet achieved the color-blind ideal for which so many have valiantly struggled. But fighting discrimination cannot become an excuse to divide Americans by race, by ethnic background, by gender. You do not cure discrimination with more discrimination. So, Mr. President, I welcome the Supreme Court's Adarand decision. It clarifies the standard of review that must be applied to Federal laws and regulations that grant preferences on the basis of race. And perhaps as important, it is a wake-up call to Congress to put the Federal Government's own troubled house in order.

Mr. DOLE

Mr. DOLE. Mr. President, remarks I made in California a few weeks ago have played a role in starting a new national debate on how the entertainment industry has contributed to the coarsening of our culture. I was certainly not the first in this Chamber to take some to task for placing profits ahead of the innocence of our children. Senators Simon and Bradley have fought the good fight on this matter for many years. One thing that those Senators and I know, however, is that what we do here on the floor of the Senate, matters far less than what occurs out in the real world. Until Americans hold accountable those who debase our culture, then there is little hope for progress. But there are definite signs of progress all across the country. And today, I wanted to congratulate radio station KGRM, which is the campus radio station at Grambling State University in Shreveport, LA. Earlier this week, the station announced that, as a protest against profanity and obscenity, it will not play rap music for 19 days. The station's assistant director said--and I quote--``If we can give students a format that's free of obscenity as far as words and lyrics, I think they'll be receptive to it.'' Mr. President, Robert Kennedy once said ``Each time a man stands for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope.'' This morning, radio station KRGM is transmitting much more than just words and music. It is also transmitting a ripple of hope. I congratulate them for their courage.

Mr. DOLE

Mr. DOLE. This morning, leader time has been reserved and there will be a period for morning business until the hour of 11 a.m. At 11 a.m., the Senate will resume consideration of the motion to proceed to S. 440, the National Highway System bill. I have announced there will be no rollcall votes during today's session of the Senate. Cloture was filed last night on the motion to proceed, and there will be a vote on that cloture motion at 3 o'clock on Monday. I am hopeful that maybe during today's session there can be some agreement reached on S. 440, the National Highway System Designation Act of 1995. It is a very important piece of legislation. It affects every State. There are one or two controversial areas. One is the Davis-Bacon Act, and one is the maximum speed limit compliance program. Those two issues, I assume, will be debated for some time. But it is my hope to complete action on this bill no later than Tuesday of next week, and then at that point to either go to regulatory reform, if that is ready--there are negotiations ongoing as we speak, and there are still about 10 areas of difference, but if we can reach a bipartisan compromise on regulatory reform, we would hope to take it up on Wednesday--or the other possible proposal would be welfare reform. And again, there is some difficulty on both sides, I might say. Republicans are having some difficulties. I understand the Democrats may be, too. But that is again a very important piece of legislation we hope to be able to resolve if not next week, take it up the following week.

Mr. DOLE

Mr. DOLE. Thank you, Mr. President.

Mr. DOLE

Mr. DOLE. The vote will occur in a minute on the so-called Dole amendment. It was explained earlier, but I want to make myself perfectly clear, this amendment is about allowing private interests--not big Government--to work out their own problems. I thought that is why we were considering this bill in the first place. The telecommunications industry is currently one of the most regulated industries in the United States. Unfortunately, the provisions in question regulate prices. The point is that business should be allowed to negotiate. As I have pointed out, the provision I have proposed to delete would prohibit such negotiation, and amounts to rate regulation. It is that simple--no more, no less. The language is there. We had negotiations and worked on their differences. I do not know about all the discussion of the Senator from Nebraska. I am not involved with all that. The provision I proposed was supposed to stop some players from taking advantage of small operators. There is no question it would do that, but it would also hurt those in fair deals. It solves the problems and creates a new one. The bill's provision also does not treat all programmers evenly, and only applies to those affiliated with cable TV companies, meaning nonaffiliated programmers not under these pricing restrictions. That means they would have an unfair competitive advantage. Not only does the bill regulate the price of programming, but it is anticompetitive. That is not what this bill is about. I printed in the Record earlier letters from Turner Broadcasting, representing the Discovery Channel, the Black Entertainment Network, and also--I do not have the letter with me now--all the small cable companies, the National Cable Television Cooperative, and they are all in support of the bill. I have heard the comments of the Senator from Nebraska. He is entitled to his own interests, but I assure him, my interest in this amendment is consistent with the intent of this bill--getting Government off the backs of business and benefiting consumers. I hope the amendment I am offering will pass. I think it will have bipartisan support. I yield back my time and I ask for the yeas and nays.

Mr. DOLE

Mr. DOLE. Let me concur in the statement made by the manager. This is a controversial area. I think the managers have indicated they are both going to be conferees. It will be considered at that time, and it is within the scope of the conference. There is a disagreement, but this may help solve it. I thank my colleagues.

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

Mr. DOLE. Mr. President, I think one of the remaining two amendments is the amendment of the Senator from Kansas.

Mr. DOLE. Mr. President, let me state very simply the purpose of this amendment. I do not know anything about all the Time Warner material. It has nothing to do with this amendment. I heard the Senator from Nebraska. I thought we would be able to accept this amendment, but I understand he has a problem with it. As I understand it, not being a member of the committee, the current bill is tantamount to Government price-setting in the programming market. The language in the bill would remove programmers from taking advantage of universally accepted marketing practices such as volume discounts. It seems to me all I am doing is to strike out this section. It strikes a provision of the bill that would have the effect of regulating the prices paid by small cable TV companies for programming. And the intent of the provision was to crack down on those programmers who were gouging small operators. But, unfortunately, it also impacts on good programmers who did not engage in the price-gouging effort. Finally, small cable TV companies have now negotiated good contracts. I have a letter from the National Cable Television Cooperative, Inc., and also a letter from Turner Broadcasting, which suggests that Discovery Communications, Black Entertainment Television, and Turner Broadcasting support my motion to strike section 204(b). They set forth the reasons: Although described as a ``small cable operator'' amendment, section 204(b) would effectively entitle every cable operator to the price charged to the largest cable operator. . . . Which was never the intent. So we were just going to take it out. They have now negotiated good contracts. I also include the letter from Turner Broadcasting and the letter from the National Cable Television Cooperative. Let me quote a part of that. We are pleased to report that the National Cable Television Cooperative has reached agreements with Time Warner's Home Box Office Unit, Showtime Network, Inc.'s Showtime and the Movie Channel Services, and Viacom's MTV Network Services. . . . As a result of this important change in circumstances, we no longer believe that the changes to the program access provisions of the Cable Act proposed in Sec. 204(b) of S. 652 are necessary, and we can accept the removal of those provisions from the bill. I know the Senator from Nebraska brought in a lot of material on Time Warner. I do not have anything to do with that. I do not know anything about Time Warner. I mentioned their name myself a couple of weeks ago in Hollywood. So I do not have a dog in that fight. I do not understand what it is all about. All I am doing is striking out a section that is no longer necessary, and it is supported, as I said, by Discovery Channel, Black Entertainment Television, Turner Broadcasting, National Cable Television Cooperative. I will yield the remainder of my time. There may be time in opposition. Mr. President, I ask unanimous consent the two letters be printed in the Record.

Mr. DOLE. Mr. President, I ask for the yeas and nays.

Mr. DOLE

Mr. DOLE. Mr. President, the plaintiffs in two civil actions pending in North Dakota State court have requested documents and testimony from a former member of Senator Conrad's staff relating to constituent casework the staff member performed for the plaintiffs. The following resolution would authorize the former staff member to testify at a deposition with representation by the Senate Legal Counsel, and would authorize the production of documents.

Mr. DOLE

Mr. DOLE. I failed to announce no more votes this evening, and no votes tomorrow. For Monday, I will make that announcement before I leave here tonight, so Members will know what the schedule will be on Monday. I need to discuss that with the Senator from South Dakota, Senator Daschle.

Mr. DOLE

Mr. DOLE. I will yield to the Senator from Minnesota.

Mr. DOLE. I move to proceed to the consideration of S. 440.