Robert Dole

Mr. DOLE

Mr. DOLE. I send an amendment to the desk, which is the text of the gas tax repeal, with the minimum wage language suggested by my colleagues on the other side of the aisle, and the TEAM Act, and ask for its immediate consideration.

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

Mr. DOLE. Mr. President, yesterday we discussed how we might resolve the issues at hand. So now we have an opportunity for all Members to repeal the gas tax, which I think has broad support, probably 80 votes, to adopt the minimum wage suggested by my colleagues on the other side of the aisle, 45 cents July 1 this year, 45 cents next July, and then adopt this small provision on the TEAM Act, which means that in America employees can talk to management, which I thought was sort of the American way. We are prepared to vote on the whole package right now. It would also reimburse Billy Dale and others who incurred legal expenses because of charges brought against them. I should like to take this opportunity to support the Teamwork for Employees and Management Act. I think my colleague, the chairman of the Labor Committee, is in the Chamber, and she will be addressing that later. It is hard to believe that in 1996, Federal laws tell employers and employees that they cannot work together in cooperative teams to jointly resolve issues of concern in the workplace. Since 1992, the National Labor Relations Act of 1935 has been interpreted to prohibit forms of collaborative discussions between groups of employees and management that deal with key issues such as workplace safety, productivity rewards and benefits, and job descriptions. Does that make sense? No. And it does not make sense to most Americans. The TEAM Act simply allows common sense to reign in the workplace. Employees and employers can and should be able to resolve workplace issues among themselves without the fear of lawsuits. So, why is the other side so exercised by this commonsense effort to help employees? Because of the big labor bosses. They see any effort to improve the workplace environment without their involvement as a threat. In other words, they do not want the employees to come up with any idea unless it goes through the labor bosses. Suddenly, the minimum wage is not at all that important because somewhere, someplace, some employee might have an idea that improves productivity, that makes the workplace safer, all without the blessing of the labor bosses. So that is what this debate is all about. I am not certain, many of the employees even--in fact, I understand that some employees came to lobby people on the TEAM Act and they were asked what it was and they did not know what it was. Once it was explained to them, they did not see much wrong with it. It might occur to some employee that he or she does not need a labor boss, that he or she can be their own boss. So, it is all about power. It is not about politics, it is about power. It is about contributions. It is about power. I think it is time we pass this package, increase the minimum wage, repeal the gas tax. Yesterday at midnight tax freedom day ended. I hope that workers can have some control over their lives and workplace, the conditions in the workplace. I believe we ought to do everything we can to encourage this relationship, talking back and forth. We do it here from time to time. Sometimes we are able to work things out by talking to each other. If we cannot talk to each other, if employees cannot talk to management, I do not see how anything can be worked out. In fact, President Clinton used to think so, too. I never cease to be amazed about how he can shift his positions, but even on this issue he had a position. In his State of the Union Address last January President Clinton said, ``When companies and workers work as a team, they do better--and so does America.'' Let me repeat that, because many people probably forgot that President Clinton said that. I bet he has forgotten that he said it. ``When companies and workers work as a team, they do better--and so does America.'' That is all the TEAM Act is. We have taken what President Clinton said in the State of the Union Message and drafted it so it is now a statute. So it is a Clinton provision, really, the TEAM Act. If President Clinton was right then, he is right now. So what happened between January and May? The labor bosses called in and contributed $35 million. That is one thing that happened. I do not know what else happened. They may have also spent millions on television, attacking Republicans on Medicare and everything you can think of. A lot of the workers are now having their dues increased who may not want to participate in that process, who may want to vote for somebody else. They cannot be dictated to, anymore than we can dictate to anybody. So, it seems to us that we have an issue here now. We are all set. We have accepted the minimum wage offer. We have accepted what the American people want; that is, repealing the gas tax, 4.3 cents, $4.8 billion a year. We pay for it. It does not add to the deficit. But now we are hung up on whether or not we ought to focus on the American worker. If that worker has an idea, should that worker be able to go to his employer, or be with a group of workers? Apparently, my colleagues on the other side say you cannot do that in America, you cannot talk to each other. Employees cannot talk to employers. It does not interfere with the activities unions already have established in companies, and it leaves in place protection against sham unions. It simply extends to nonunion workers the rights union workers already have, to have an effective voice for change in the workplace. So it seems to me that we have an opportunity here, now, to move this legislation forward. We are obviously not going to get cloture on the Billy Dale, the underlying bill. It was hoped that this amendment might be an incentive for everybody to move forward, end the gridlock. It used to be called gridlock by the liberal press when Republicans were holding up things, but I have not seen the word ``gridlock'' used by the liberal media in the past 15 months. They cannot spell it anymore, the 89 percent of those who cover us who voted for President Clinton. But it is gridlock. We have had to file 63 cloture motions this year in an effort to move the Senate forward. Since it takes 60 votes and we only have 53, it is rather difficult. But I know the Washington Post will figure out somewhere to come down on the right side, the side of the liberals. So will the New York Times. So will the L.A. Times. So will the other liberal papers. But this is an argument about workers, maybe some who work at the Washington Post; maybe they do not cover the Hill. Maybe some who work for the Washington Times; maybe they do not cover politics. This is about workers and it is about power and it is about power of the labor bosses. That is what this is about. I do not care how they report it, the word will go to the workers that we are prepared to say they have a right to talk. They can talk for themselves. They can exercise their first amendment rights. They do not give up their rights to free speech or to engage in discussion when they join a labor union. So, it seems to me we have a package here that should be irresistible. If, in fact, the Senator from Massachusetts is serious about the minimum wage and if, in fact, those of us on both sides are serious about repealing the gas tax, as we are, this bill can be passed by noon and be on its way to the House. I think the Speaker would act expeditiously. It is going to take a while, July 1, the first increase in minimum wage--it is going to take a while to implement it to make all those things happen. It will take a while for the gas tax repeal to be implemented. So, I hope that we can proceed, get an agreement, say an hour on each side. I ask unanimous consent that there be an hour on each side, that each side have 1 hour, there be no intervening amendments, and then we can proceed to vote on the amendment.

Mr. DOLE. Two hours? Two hours on each side? Apparently there must be something other than the time that is the problem on the other side.

Mr. DOLE. I will be happy to yield for a question.

Mr. DOLE. Mr. President, I withdraw amendment numbered 3956.

Mr. DOLE. We have a provision in the gas tax proposal that requires that a study has to be completed and that mandates that the savings go to the consumer. I do not know how--I would be happy to look at the amendment. In fact, we could probably agree on it. We have gone so far as to say if we get cloture on the amendment, we could have a separate vote on TEAM Act, so all my colleagues on that side could protect themselves and vote against it. We could vote for it. We have minimum wage, where I think some on each side are not certain how they are going to vote. So we would have a separate vote on minimum wage and a separate vote on TEAM Act. If we could agree now to have a cloture vote on the amendment without waiting until Friday, and get 60 votes on cloture, then we could have a separate vote on each. Some of my colleagues would probably like to vote against some portion of it; I do not know which. That would seem to be even going the extra mile. I do not know how we can put into law, how we are going to mandate that in every, every, every case. I do not know how many thousands of service stations there are in America, but there are millions of people out there who buy gasoline. I do not know how we are going to make certain that that 4.3 cents goes into the pocket of the consumer. The service station operators will tell you that is going to happen. We hope to have letters today from their national association. I have had some tell me personally that is going to happen. They know their customers. In most cases they are regular customers. They want to keep those customers. It is all a good-faith business practice. But if the Senator had some idea on how we can adopt some language that is going to make certain it happens, we would certainly be pleased to look at it. Or if there are other amendments that deal with the minimum wage, we would be happy to look at that. Since it is the minimum wage package of the Senator from Massachusetts, I do not think he would want to amend it. So, Mr. President, if I can just suggest the absence of a quorum---- Mr. DASCHLE addressed the Chair.

Mr. DOLE. Excuse me.

Mr. DOLE. You cannot yield the floor except to yield for a question.

Mr. DOLE. Mr. President, we would certainly be agreeable we could have three separate votes, gas tax repeal, TEAM Act, minimum wage. In fact, we are prepared, if cloture is invoked, to have three separate votes. We cannot get agreement to have three separate votes. So they will have to filibuster gas tax repeal and increase in minimum wage because of the one deal that upsets the labor bosses. That is certainly a right they have. Somehow the Washington Post and other papers will figure out some way to make it sound good, but the facts are the facts. We are prepared to move right now. The Senator from Massachusetts said on the floor, and I have his quotes here, a couple of times he only needs 30 minutes on the minimum wage. We will have 30 minutes on that, 30 minutes on TEAM Act, and 30 minutes on gas tax. That is an hour and a half equally divided, and then we can vote. The Senator from North Dakota has some amendment, if he has figured out a way to make certain that in every single case the 4.3 cents will go back to the consumer, maybe have to station a policeman at each service station, or a Federal employee, that would be one way to do it. I am not certain what he has in mind. The bottom line is we are prepared to take action. So now we have on this floor the minority saying we will not let you do anything unless you do it our way. We want to do it our way, and even though you are the majority, you do it our way. As I said, I had a little trouble explaining that to my policy luncheon yesterday. They said if they can have their way, why can we not have our way? My view is why not everybody have their way? We will have a separate vote on minimum wage, a separate vote on gas tax repeal, and a separate vote on TEAM Act. It seems fair and reasonable to me. I hope that will be the resolution. If there are amendments that should be offered, we have always been able to work out reasonable amendments. But that is not the thrust coming from the other side. The thrust is they will raise this, the experts say maybe the 4.3 cents will not get back to the consumer and this is somehow antiworker, it is antiboss, it is antilabor boss, it is proworker. Again, let me quote the President of the United States who said in the State of the Union Message last January, ``When companies and workers work as a team they do better and so does America.''

Mr. DOLE. Not right now. We are prepared to accept the President--in fact, the Senator from Kansas, Senator Kassebaum, chairman of the Labor Committee really understands the TEAM Act--and explain how this statement by the President sort of underscores and supports what we are trying to do here today. We have the support of the President, apparently, on the minimum wage and on TEAM Act. I do not know where he is on the gas tax repeal.

Mr. DOLE. Mr. President, just so we can bring this matter to a head, I send a cloture motion to the desk and ask for its immediate consideration.

Mr. DOLE. Mr. President, I ask unanimous consent that notwithstanding rule XXII, the cloture vote occur at 5 p.m. on Thursday, May 9, the mandatory quorum being waived and the time between now and 5 p.m., Thursday, be equally divided in the usual form for debate.

Mr. DOLE. So the cloture vote will occur on Friday, but I ask unanimous consent at this time if cloture is invoked on amendment 3960, the amendment be automatically divided, with division I being the gas tax issue, division II being the TEAM Act, and division III being the proposal for minimum wage, and the time on each division be limited to 2 hours each, equally divided in the usual form, and following the conclusion or yielding back of time, the Senate proceed to vote on division I, division II, and division III, back to back, with no further motions in order prior to the disposition of each division.

Mr. DOLE. Objection to this. So, we will have a cloture vote, then, on Friday, if not before. If there are amendments, we always try to accommodate our colleagues. I learned about how you introduce and file cloture by my friend, the former majority leader, Senator Mitchell. I thought it was very effective. I made notes at that time.

Mr. DOLE. We do not have it down to the art he had it down to, but we want to tell the press how to spell ``gridlock,'' something they used extensively when we were in the minority. You never see the word. Suddenly the word has disappeared. This is gridlock. This is Democratic gridlock, because the labor bosses do not want this to happen. And he who controls the purse I guess controls the agenda. We will see what happens in the next few days. Mrs. KASSEBAUM addressed the Chair.

Mr. DOLE

Mr. DOLE. Mr. President, I rise today to introduce a bill that repeals the 4.3-cent gas tax increase imposed by President Clinton in his 1993 tax bill--a $265 billion increase--the largest in history. I am confident that this legislation would pass immediately, and by a wide margin, if my Democratic colleagues would remove their objection to a vote. As we all know, gas prices are at their highest level since the gulf war. This bill will provide much-needed tax relief to American travelers. I am happy to be joined by more than 20 of my colleagues who are cosponsoring this legislation to repeal the gas tax hike. The 1993 tax increase raised fuel taxes on all modes of transportation by 4.3 cents per gallon. This tax increase was not dedicated to the highway trust fund to maintain and to improve our Nation's highways, roads, and bridges. Rather it was used to fund a larger and more pervasive Federal Government. President Clinton and his Democratic colleagues would rather tax more and spend more than cut wasteful government spending. In 1993, they raised income, estate, and Social Security taxes. This $265 billion tax increase passed without a single Republican vote in either the House or the Senate. And their taxes particularly hurt working Americans, making it harder for them to make ends meet. As we repeal the gas tax hike, 60 percent of the tax relief would go to Americans making less than $50,000 a year-- almost half of the total relief would be for families making less than $40,000 a year. These drivers probably didn't feel rich when the President increased their taxes in 1993, but they will certainly be better off when we repeal the tax hike. I also would note that if the President had his way, gas prices would be rising yet again--by another 2.5 cents per gallon tax that would have begun on July 1, 1996--the last installment of a 7.5-cent-per- gallon tax that was part of his overall energy tax increase proposal. Republicans fought against that increase and this bill will remove the last vestige of the 1993 gas tax increase. This legislation does not increase the budget deficit. It is paid for by reductions in the Department of Energy administrative overhead account, which includes the Secretary's travel budget. These Energy Department cost savings were proposed by the President in his latest budget. The bill also calls for a limited auction of Federal communications spectrum. Together, these offsets raise the $2.9 billion necessary to fund the repeal through 1996. I will work for a long-term repeal in the context of our efforts to eliminate the Federal budget deficit. Repealing the 1993 gas tax is the fastest and surest way to lower gas prices. It will provide immediate relief--especially to American families who drive to their summer vacations. The bill provides for an immediate tax credit for service station owners and others that purchase gas for resale to customers. This way they can pass the savings on to their customers as they have told us they will. I urge my colleagues to support this effort. Mr. President, I ask unanimous consent that the bill and additional material be printed in the Record.

Mr. DOLE

Mr. DOLE. Mr. President, the time between now and 10 o'clock will be equally divided prior to a cloture vote at 10 a.m. on H.R. 2937, the White House Travel Office legislation. If cloture is not invoked at 10 o'clock, it may be possible to consider any of the following items: Gas tax legislation, taxpayer bill of rights, minimum wage legislation, and TEAM Act. We hope to have some resolution of these matters today. I again say it is rather ironic that we are prepared to accept the minimum wage proposal offered by my colleagues on the other side of the aisle. We are prepared to repeal the gas tax that my colleagues on both sides of the aisle would like to repeal, the Clinton gas tax which was not for highways or bridges or roads, but for deficit reduction, and was part of the larger $268 billion tax increase in 1993, the largest tax increase in the history of the world, let alone America. We do not understand why our colleagues, who I think want to do those things, would be holding it up because of one little amendment we offered called the TEAM Act, which simply says employees can talk to employers. This is America. But of course the labor bosses, who put $35 million, just lately, into the pot on the other side of the aisle, said we do not like that. So when the labor bosses speak, our colleagues on the other side say yes--yes, sir. So if we are going to let the labor bosses dictate repeal of the gas tax, the increase in the minimum wage because they dislike one provision that simply says that employees can talk to employers, then I think it is a rather sad state of affairs. We hope to debate that at length today, because I believe the American people, once they understand this issue, will be on the right side. If some employee has a good idea on productivity or whatever it may be, why can that employee not talk to management? Because since 1992 the NLRB says you cannot do that. We are simply trying to change the law. We think it is good policy. We think it makes a lot of good, common sense. We believe it improves the working relationship in the workplace. For all the reasons I can think of, we hope to be able to persuade our colleagues on the other side that this is a package that should pass this Senate by 100 to 0. Perhaps they are waiting for the liberal media to put their spin on it, but it is pretty hard to even put--they do not have a spin. Even the liberal media, who wait for the Democrats' spin and then print it almost verbatim on a daily basis around here, find it very difficult. Because we are going to accept their package on minimum wage, our package on gas tax repeal. Then we had TEAM Act and we are ready to vote, after an hour debate on each side. We have even provide they can have a separate vote on minimum wage and a separate vote on TEAM Act. Some may not want to vote for the minimum wage increase so we provide for that. Some may not want to vote for TEAM Act, so we provide for that. So we have gone not only the extra mile, but miles and miles beyond. We hope there could be some resolution of this today. If not, we will take our case to the American people and we will continue the debate throughout today and tomorrow and Friday. Hopefully, sooner or later, our colleagues will recognize this is a very fair and very reasonable proposal we have made and it should have unanimous support in the Senate. Mr. GRAMS addressed the Chair.

Mr. DOLE

Mr. DOLE. I never agreed to anything like that. I object.

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 H.R. 2137 be immediately considered. Mr. DASCHLE addressed the Chair.

Mr. DOLE. I hope we are not holding up the bill over the minimum wage dispute.

Mr. DOLE. That is not an amendment that will be offered to Megan's law. We have had about enough of that.

Mr. DOLE. The Senator from Massachusetts made it clear he is going to offer it at every opportunity. So I thought I better make the Record clear.

Mr. DOLE

Mr. DOLE. Mr. President, late last evening H.R. 2137 passed the House, I think, unanimously. It is Megan's law, plus some other additions to help protect our Nation's children from sexual predators. The vote was 418 to 0. Known as Megan's law, it strengthens the existing law to require all 50 States to notify communities of the presence of convicted sex offenders who might pose a danger to children. In 1994 the crime bill was lobbied not to require States to take such steps. Since that time, 49 States have enacted sex offender registration laws, and 30 have adopted community notification provisions, but not all States have taken the necessary steps to require such notification. And this is a tragedy in the making. It seems to me that we can prevent this from happening and we can take action now. I do not know any reason to hesitate. So I am going to ask consent when I finish that we bring it up and pass the bill. But every parent in America knows the fear and the doubts he or she suffers worrying about the safety of their children. Parents understand that their children cannot know how truly evil some people are. They know that no matter how hard they try, they cannot be with their children every second of the day. A second is all it takes for tragedy to strike. We have an obligation to ensure that those who committed such crimes will not be able to do so again. This is a limited measure, but an absolutely necessary one. Again, sort of following along the President's remarks at his press conference, it seems to me this would be an area where there would not be any objection. I know when this bill comes up it will be unanimous. We would like to let the American people know that we can respond immediately. The bill is here.