Robert Dole

Mr. DOLE

Mr. DOLE. Mr. President, I just make the announcement for my colleagues that the time of the two leaders has been reserved, and we will have routine morning business until 12 noon, with Senators permitted to speak for not to exceed 5 minutes each, with the following exceptions: Senator Thomas for up to 10 minutes, Senator Inhofe for up to 10 minutes, and Senator Campbell for up to 10 minutes, I guess. At 12 noon, the Senate will resume consideration of S. 1, the unfunded mandates bill. Pending is still committee amendment No. 11. A cloture motion was filed on Tuesday. Therefore, a cloture vote will occur tomorrow. All first-degree amendments should be filed at the desk no later than 1 p.m. today. I just say generally for the information of Members, we are not making any progress on this bill. It is obvious that the people watching or not even watching know that we have been on this bill 3 days and not much has happened. That is the way the Senate can work, and certainly I have been in the position of slowing things down. But, obviously, there is a slowdown in progress. If we do not make any progress between now and 1:25 p.m. on this bill, it would be my intention to recess the Senate maybe for the rest of the day so the Judiciary Committee can complete action on the balanced-budget amendment, because I assume there will be an objection to the Judiciary Committee meeting during the session of the Senate. If my colleagues are willing to permit the Judiciary Committee to meet, obviously we would not have to recess the Senate. So I hope that accommodation might be forthcoming. But with about 30, 40, or 50 amendments, there is no way this bill can be completed prior to the State of the Union Message next week, and that is my hope. I know President Clinton would very much like us to move quickly on the Mexico matter, which is not foreign aid, I might say. It is a loan guarantee. As far as I am concerned, that effort is right behind the unfunded mandates bill. So I suggest maybe the President might want to urge some of his colleagues on the other side to cooperate on this bill. I think it has broad bipartisan support, supported by nearly every Governor in America, every mayor, every county official, every public official, and the private sector, and it is something that could be passed in 1 good day of debate. There are legitimate amendments, as there always are. But we will dispose of the bill one way or the other. We would like to accommodate our colleagues on the other side who plan a retreat on work that out with the Democratic leader, Senator Daschle. Mr. President, I reserve the remainder of my time.

Mr. DOLE

Mr. DOLE. Mr. President, I thank the Chair.

Mr. DOLE

Mr. DOLE. 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. President, I think we have worked out an agreement. We will have two votes back to back beginning at 7:15. The first vote will be on the Bradley amendment. The second vote will be on the Boxer, et al., amendment. There will be 1 hour of debate on the Boxer amendment equally divided. I ask unanimous consent that the Bradley amendment be temporarily set aside so the Senator from California may be recognized and that we have those votes back to back at 7:15.

Mr. DOLE. I think, in fact, I would rather have the votes start at 7:30, if there is no objection. The first vote will be at 7:30 on the Bradley-Chafee amendment and the second vote will be on the Boxer, et al., amendment. And then it is open for other amendments. There are numerous amendments.

Mr. DOLE. Yes.

Mr. DOLE. The Senator from Oklahoma [Mr. Nickles].

Mr. DOLE. Mr. President, I ask unanimous consent to speak for 1 minute.

Mr. DOLE. It is an indication that we are not making progress. The Easter Recess

Mr. DOLE. Mr. President, I think one example is today we spent nearly 4 hours during a recess to try to work out the Boxer amendment which had to do with violence in women's clinics. It is a very important issue. It has nothing to do with this bill. And we spent the last 2 or 3 days not discussing the amendments but discussing parliamentary procedure and whether or not we can adopt the committee amendments, which generally is a matter of course. This is a bill that has not changed a lot since last year. It has not changed much since last year. Unless something happened across the countryside that this Senator is not aware of, it is supported by the Governors, the mayors, the city officials, township and county officials, and all the others, as has been indicated by the Senator from Idaho in the debate. The House will start action on this bill on tomorrow. They will probably demonstrate, as they did in the congressional coverage, that they can pass the same bill in an hour and 20 minutes that took us 5 days because of so many amendments that were not germane. I would not suggest that we want to be like the House. I am very happy to be the U.S. Senate, and am very happy to have been in the House years ago, too. But it seems to me that we can bring this matter to a close. If cloture is invoked, all the germane amendments are going to be there. They can be a debated, adopted and disposed of in one way or the other. So I hope that tomorrow we can move on this bill. We may not. We have one Senator with five relevant amendments; another three, relevant; two relevant. We have the same on the Republican side; one Member with one or two relevant amendments, whatever they may be. But they add up to 180 amendments. It is much like the tax bill. I have had a few tax bills on the Senate floor. So I certainly will continue to work with the distinguished Democratic leader. We want to accommodate our colleagues wherever we can on both sides of the aisle. And we will continue to work to do that. I would be willing to ask right now that all the committee amendments that have not yet been disposed of be agreed to en bloc. I ask unanimous consent that all committee amendments that have not yet been disposed of be agreed to en bloc.

Mr. DOLE. Mr. President, I thank the Senator from Arkansas. I will just take another minute. I think the Senator from South Dakota, the Democratic leader, may want to have a discussion here. I wanted to file another cloture motion. Before I did that, I wanted to recite precisely what has happened so the record will be made. We began debate on S. 1 at 10:30 a.m. on Thursday, January 12. There were 14 committee amendments reported. The normal process is to adopt the committee amendments en bloc after opening statements. We have never been able to adopt the committee amendments. In fact, we have had to resort to tabling a few just to get the Senate moving. We are now only on committee amendment No. 11 out of 14. Cloture was filed Tuesday, January 17, with the hope we could still work out a unanimous consent agreement that would provide for an exclusive list of amendments. After that, the list has gone up since yesterday--on the Democratic side from 30-some to 78, and it is climbing; and I must say it has gone up on the Republican side, up to 30. That is 108 amendments. Yesterday, we were talking about 40-some. Our proposed agreement asks that all amendments must be offered by 6 p.m. tomorrow, and my colleague, Senator Daschle, counteroffered that it be offered by 12 noon on Wednesday, January 25. Obviously, when you agree on anything that has to be offered, you have to have a pretty good relationship or one person will offer an amendment and that will be it, and no other amendment can be offered. It has worked in the past, and it still may. It has worked out. But it seems to me if we are going to complete action on this bill anytime next week, I hope my colleagues will help invoke cloture when the cloture vote occurs tomorrow morning. There was some discussion earlier that if we did not adopt--or deal with the so-called Boxer amendment, that has been disposed of. It was a unanimous vote. It was worked out with Senator Boxer and Senator Nickles and supported by every Senator who is present. I hope we can invoke cloture tomorrow and get on with the amendments that should be debated on each side. And, having said that, I am happy to yield to the Senator from South Dakota before I send the cloture motion to the desk.

Mr. DOLE. Mr. President, I therefore ask unanimous consent the offending remarks be expunged from the Record.

Mr. DOLE. I thank the Senator from California and the Senator from Oklahoma for coming together on a very important resolution. There is a vast difference between nonviolence and violence, and that is the purpose of this resolution. In my view, it seems to me something that we should all vote for. When someone violates the law, they violate the law. That is precisely what is being addressed. The Attorney General should enforce the law. We should not expect any less. I have even gone so far as to say in public comments that I understand peaceful demonstration and I understand nonviolence. I support each. But some of these actions almost come out to terrorism. I hope we will have a broad bipartisan vote for this special issue. Mr. President, there will be no more votes after the second vote.

Mr. DOLE. Mr. President, I wonder if the Senator will permit us to conclude a couple of things and then, if he wants to continue, I have no problem with that. I would like to conclude a couple of things and then give the floor back to the Senator. They want to adopt one unanimous-consent request. I would like to file a cloture motion, and I think the Democratic leader wants to have a colloquy. Then I need to make a statement with reference to rule XIX.

Mr. DOLE. Is that all right with the Senator from Arkansas?

Mr. DOLE

Mr. DOLE. Mr. President, I would like to take a moment to note with deep sadness, the passing of a legend in the aviation industry. I was just recently informed that Ben R. Rich, former president of the Lockheed Skunk Works passed away after a long illness. Best known as the Father of the F-117 Stealth fighter aircraft, his passing is a sad moment for several Senators and the many staffers that Ben has had contact with in the Senate over the years. Perhaps his finest hour came during Operation Desert Storm, with the deployment of the F-117 to the gulf. As many will recall, the F-117 destroyed 40 percent of all strategic targets, yet represented only 2 percent of the allied forces tactical aircraft, and it was the only aircraft to attack the heavily defended Baghdad area. This aircraft uniquely reduced the cost of war by enabling strike missions to be accomplished with fewer attack and supporting aircraft, thereby putting fewer combat pilots at risk. Utilizing this aircraft further minimized collateral damage and civilian casualties. Indeed, Ben's vision and genius throughout the design and development of the F-117 have revolutionized air warfare as we know it. Ben Rich's many achievements have been recognized throughout the aerospace industry. Just last May, Secretary of Defense William J. Perry honored Ben by presenting him with the Distinguished Public Service Award. At the time, some in the media had proclaimed Perry to be the Father of Stealth. However, at the presentation ceremony, Secretary Perry said it was Rich who provided the intellectual and spiritual leadership and that the title of ``Father of Stealth really belongs to Ben Rich.'' Mr. President, this was only one in a long line of accomplishments in Ben's 40 years of distinguished service in the aviation industry. He played a leadership role in the design and development of the F-104, U- 2, A-12, and the famous SR-71 Blackbird--the latter still holds the world's flight records for speed and altitude. In addition, he also led the development and production of the YF-22A advanced tactical fighter program until his retirement in January 1991. For his accomplishments, Ben was a Corecipient of the Collier Trophy presented by the National Aeronautic Association; selected as a Wright Brothers lecturer by the American Institute for the Advancement of Engineering; an elected member of the National Academy of Engineering and a nominee for the 1994 Wright Brothers Memorial Trophy. To the many who knew him, he will be remembered as a colorful character--for his sparkling wit and enthusiasm. To some, he was a gifted teacher who could explain in the clearest terms some of the more complicated technical aspects of aviation. To others, he was a forceful advocate for innovative ideas and futuristic solutions to problems in aviation design. To all, he was a patriot. To Ben's wife, Hilda, to his family and his many friends and coworkers, we send our deepest condolences. And from this Nation, a heartfelt debt of gratitude to Ben Rich.

Mr. DOLE

Mr. DOLE. I think the Senator from West Virginia may have some inkling. There may be--I would not suggest that, but I know, knowing the Senator from West Virginia is a master of the game, and I say that in a complimentary way--he knows that a balanced budget amendment may be somewhere on the horizon. And I assume that the further away the better for the Senator from West Virginia. And one way to keep it at a distance is not to rush through anything else that may be on the Senate floor. I am not suggesting that might motivate the Senator from West Virginia, but it is something that has occurred to me a few times, and I had the same problem on this side of the aisle.

Mr. DOLE. But we hope it may be by the time we complete action on this bill. We will be coming in later tomorrow morning to accommodate the Judiciary Committee. And we may adjourn in the afternoon to accommodate the Judiciary Committee.

Mr. DOLE. I say to my friend, I do not think there is a filibuster in the real sense. We have not had a real filibuster, as the Senator said the other day, around here for years. I think I would know a real one if one occurred. It seemed to me, with the broad support we have for this unfunded mandates bill, it is not only filed because of what the leader may consider delay, but also to avoid a lot of nongermane amendments. We went through that turkey shoot last week and the week before. So it seems to me that one way to talk about unfunded mandates and germane amendments to unfunded mandates is to get cloture and 30 or 40 of those amendments will disappear. We can have the debate the Senator from West Virginia wants. If necessary, I would be willing to see--we can extend the 30 hours by consent. I am not trying to shut anything off, but I would like to eliminate some of these nongermane amendments.

Mr. DOLE. It may be progress, depending on how it is defined. I have not checked Webster's lately. But it would be slow progress if it is progress. But it is my hope we can put a list together, with staff working on each side, and submit a copy of that to the Democratic leader and also the Senator from West Virginia, and others who have an interest, and see if we can reach some agreement on a list of amendments. If it is going to be 40, 50, or 60, probably half are nongermane. I hope in the interest of expediency, we will have support for the vote of cloture, which would eliminate all the nongermane amendments.

Mr. DOLE. If the Senator will yield, I might say to my good friend from West Virginia, I have indicated to the Democratic leader that if we can reach some agreement--I do not disagree with the Senator from West Virginia totally. I will withdraw the motion if we can agree on limited amendments so we at least have some finite number of amendments, hopefully germane amendments. But not having that, and looking at the fact that my colleagues on the other side would like to have a retreat on Friday of this week, I would like to be accommodating, but I do not know how we can accommodate that request unless we make some progress on what is a bill that enjoys strong bipartisan support.

Mr. DOLE. I began to realize it, if I may say to my friend. I can just see maybe the beginning of one.

Mr. DOLE

Mr. DOLE. Mr. President, a year ago yesterday, an earthquake measuring 6.8 on the Richter scale wreaked havoc on the southern California counties of Los Angeles, Orange, and Ventura. The Northridge temblor brought about the collapse of apartment buildings, hospitals, and schools, and destroyed major portions of that area's transportation infrastructure. Within hours of the earthquake, our former Senate colleague Gov. Pete Wilson proclaimed a state of emergency in those counties, and set in motion the implementation of what is now widely viewed as an extraordinary recovery from the earthquake's crippling impact on the movement of people and goods in one of the most populous areas of the country. In addition to executing the necessary recovery measures to protect public safety and ensure for the food and housing of earthquake victims, Governor Wilson signed a series of innovative Executive orders that cut through the redtape of State bureaucracy and either streamlined or eliminated statutes and regulations governing everything from highway contracts to mobile schools. As a result, California's recovery from the Northridge earthquake has proceeded at a record pace. Among the most impressive of the recovery efforts was the opening of the world's busiest freeway, the Santa Monica Freeway, in less than 3 months, and 74 days ahead of schedule, after it was destroyed by the quake. Governor Wilson heralded this accomplishment by proclaiming it the most stirring symbol yet of California's endurance. I would add that it is also a symbol of what can happen when government gets out of the way and is willing to break old molds and explore new and innovative approaches to challenges. There is no doubt as to the resiliency of spirit of the people of California. Over the course of the past 4 years, they have endured more than their fair share as a result of natural disasters, but they continue to emerge victorious time and time again from the ashes of destruction wrought by earthquakes, fires, droughts, and floods. I might add that Governor Wilson is already taking similar steps in the face of the current California floods, using emergency authorities to speed rebuilding in flood areas. Moreover, he has asked the President to suspend operation of the Endangered Species Act for the purposes of repairing and replacing flood damaged facilities. It is with respect for this indomitable California spirit, and with admiration for a State and its Governor who together forged a better, smarter avenue to disaster recovery, that I mark the first year anniversary of the Northridge earthquake. I ask unanimous consent that the materials detailing the Northridge disaster and recovery efforts, which have been prepared by Governor Wilson's staff, be reprinted in the Record immediately after my remarks.

Mr. DOLE

Mr. DOLE. Mr. President, I ask unanimous consent that there now be a period for the transaction of morning business, with Senators permitted to speak therein for not to exceed 5 minutes each.