THE SAD BUT INESCAPABLE TRUTH THAT WHEN IT COMES TO PROVIDING
           ECONOMIC OPPORTUNITIES TO WOMEN AND MINORITIES, PASSIVE AT THIS
           EQUALS INEVEN QUALITY. IF WE DON'T EXHE SIGHS DILL --
           DILIGENCE, WE ARE GOING TO STIFLE BUSINESSES OWNED BY QUALIFIED
           WOMEN AND MINORITIES. IT IS THAT SIMPLE. I DO NOT SUPPORT
           NUMERICAL QUOTAS AND I NEVER HAVE. AND I WOULD NEVER ADD

           VOLUNTEER -- ADVOCATE AWARDING BUSINESS TO ANY BUSINESS THAT IS
           UNQUALIFIED FOR THE TASK. BUT I DO SUPPORT LENDING A HELPING
           HAND TO INDIVIDUALS AND BUSINESSES THAT WITHOUT ECIAL ATTENTION
           MIGHT BE OVERLOOKED EVEN THOUGH THEY ARE PERFECTLY CAPABLE OF
           PERFORMING THE NECESSARY WORK. AND THAT, MR. PRESIDENT, I
           BELIEVE IS THE KEY TO ELIMINATING DISCRIMINATION OVER THE LONG
           TERM. WE CANNOT SIMPLY DECLARE THAT IN A WORLD WHEREIN EQUALITY
           EXISTS, IT IS OTHERWISE AN EQUAL WORLD. WE NEED TO RECOGNIZE

           THE I EQUALITY AND ADDRESS IT BY MAKING AN AFFIRMATIVE EFFORT
           TO GIVE QUALIFIED BUSINESSES A REALISTIC CHANGES CHANCE TO
           PARTICIPATE. AS JULIANNE BOND REMARKED RECENTLY IN A TEN TIMT
           RIGHT ON THE MARK IN THIS CASE AND I QUOTE, "AFFIRMATIVE ACTION
           ISN'T A QUOTE OF UNQUALIFIED PEOPLE GETTING A LEG UP, BUT OF
           QUALIFIED PEOPLE GETTING AN OPPORTUNITY." FINALLY I WOULD LIKE
           TO COMMEND THE MANAGERS OF THE BILL AND IN PARTICULAR MY
           COLLEAGUE FROM VIRGINIA NOR TAKING A COURAGEOUS STAND TO

           SUPPORT THE D.B.E. DESPITE PRESSURE THAT I AM SURE THAT HE IS
           GETTING ON THIS PARTICULAR ISSUE. MR. PRESIDENT, THE MANAGERS
           ARE ON THE RIGHT SIDE OF THIS PARTICULAR ISSUE, AND I URGE MY
           COLLEAGUES TO SUPPORT THEM BY OPPOSING THIS AMENDMENT. WITH
           THAT, MR. PRESIDENT, I YIELD THE FLOOR.
           

           THE PRESIDING OFFICER: UNDER THE PREVIOUS AGREEMENT, THE
           SENATOR FROM NEW MEXICO IS RECOGNIZED TO SPEAK FOR UP TO 45
           MINUTES, IF HE SO CHOOSES.
           

           MR. DOMENICI: MR. PRESIDENT, FOR FIVE MINUTES OR SO, I AM
           AWAITING A DOCUMENT THAT I NEED FOR MY REMARKS. EXCUSE ME.
           

           THE PRESIDING OFFICER: THE SENATOR FROM MONTANA.
           

           MR. BAUCUS: CAN I YIELD MYSELF FIVE MINUTES?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM MONTANA IS RECOGNIZED
           FOR FIVE MINUTES.
           

           MR. BAUCUS: MR. PRESIDENT, I WOULD JUST LIKE TO RESUME NATURE A
           LITTLE BIT ABOUT THIS CONCEPT OF QUOTA AND GOALS. FIRST OF ALL
           NOBODY LIKES QUOTAS. THEORY JID. THEY ARE UNFORGIVING. THEY ARE
           ALMOST INSULTING. AND WHAT WE ARE -- WHAT THE D.B.E. PROGRAM IS
           NOT QUOTAS, IT IS GOALS. SOME SAY WELL GEE THE GOAL IS 10% OR
           THE GOAL IS 15% OR 20% OR WHAT NOT, BUT SO IS IT REALLY A GOAL?

           AND TO BE HONEST WITH OURSELVES HERE, IT IS A GOAL, BUT IT DOES
           HAVE A NUMBER ASSOCIATED WITH IT. FOR EXAMPLE, THE NUMBER IS
           10%. SOME STATES ASK FOR A LOWER GOAL, NOT A QUOTA, A LOWER
           GOAL, AND SOME STATES ARE GRANTED THOSE LOWER GOALS. SOME
           STATES HAVE HIGHER GOALS. THEY ARE GRANTED THOSE HIGHER GOALS.
           SOME STATES SET, THEY SAY OUR GOAL IS GOING TO BE 10% AND LO
           AND BEHOLD IT TURNS OUT THAT THE DISADVANTAGED BUSINESS

           ENTERPRISE PROGRAM DOES NOT MEET 10%. IT IS A LOWER PERCENT.
           THAT'S WHAT'S HAPPENED IN A COUPLE OF STATES. IN THE STATE OF
           AS ADDS, FOR EXAMPLE, AND ALASKATHE GOAL WAS 10%, BUT ACTUALLY
           THOSE TWO STATES IN 1996 DID NOT REACH THAT 10% GOAL. IN ALASKA
           IT WAS 8.6%, AND IN ARIZONA 8.9%. YOU ASK WHAT HAPPENED, THE
           STATES DIDN'T MEET THEIR TOLESE GOALS. AS FAR AS I KNOW, MR.
           PRESIDENT, NOTHING HAPPENED. WHICH IS FURTHER EVIDENCE THIS IS

           NOT A QUOTA, THIS IS JUST A GOAL. WE ALL KNOW THAT GOALS ARE
           IMPORTANT. WE KNOW IF WE WANT TO ACHIEVE SOMETHING, THAT
           SINCERE GOOD TO HAVE A GOAL. IF WE DON'T HAVE GOALS, OFTEN WE
           SLIP OR WE RATION THAT LIES. THINGS FALL BETWEEN THE CRACKS,
           THEY DON'T HAPPEN. SOMETIMES IT IS HELPFUL TO HAVE NUMERICAL
           DATES TO QUANTIFY YOUR GOALS, AGAIN TO HELP ASSURE THAT YOU
           REACH THEM. LIKE BENCHMARKS. WE ALL KNOW THAT SOMETIMES
           QUANTIFYING A GOAL HELPS MAKE IT HAPPEN. BUT AGAIN, IN THIS

           CASE WE ARE NOT TALKING ABOUT A GOAL THAT'S RIGID, IT IS JUST A
           GOALTHAT HAS A LOT OF FLEXIBILITY TO IT AND LOTS OF DIFFERENT
           WAYS. I AM A BIT BEMUSED MR. PRESIDENT WHEN I HEAR SENATORS
           KHAIFG AT THIS CONCEPT OF SQUO TASS AND GOALS. I GUESS THE SAME
           WAY THAT SENATORS RESIST UNANIMOUS CONSENT AGREEMENTS. A
           UNANIMOUS CONSENT AGREEMENT, IT IS A KIND OF QUOTA, A KIND OF
           GOAL. IT'S A STATEMENT THAT WITHIN TWO HOURS WE ARE GOING TO
           VOTE ON SOMETHING, OR WITHIN AN HOUR AND A HALF WE ARE GOING TO

           DO SOMETHING ELSE. WE HAVE TO HAVE LIMITS, SOMETIMES, TO MAKE
           SOMETHING HAPPEN. LOOK AT A NEWSPAPER. NEWSPAPER REPORTER KNOWS
           HE HAS -- HE OR SHE HAS A DEADLINE TO GET THE PAPER OUT. SO IF
           WE DO WANT GREATER INCLUSION OF MINORITY GROUPS TO PARTICIPATE
           IN CONTRACTING, HIGHWAY CONTRACTING, AND WE WANT MORE WOMEN
           ENTERPRISES -- ENTERPRISES OWNED BY WOMEN TO PARTICIPATE IN
           HIGHWAY CONTRACTING, IT IS GOOD TO HAVE THE GOAL TO HELP MAKE
           IT HAPPEN. THAT'S WHAT WE ARE ATTEMPTING TO DO HERE. IT IS NOT

           UNCONSTITUTIONAL, BECAUSE IT IS VERY FLEXIBLE. THERE IS A LOT
           OF GIVE TO THIS. I MIGHT SAY THAT THE PROPOSED REGULATIONS THAT
           THE DEPARTMENT OF TRANSPORTATION IS WORKING ON AND IN FACT THEY
           PROBABLY WILL FINAL IN A COUPLE OF MONTHS, MAKES IT APPARENT --
           CLARIFIES THAT THE PROGRAM IS EVEN FURTHER BROAD. THAT IT IS
           EVEN ORDINARILY TAILORED. FOR EXAMPLE, IN CH THE REGULATIONS
           INCLUDE FURTHER EMPHASIS ON GOOD FAITH EFFORTS. ALL A CONTRACT

           HAS TO DO IS SHOW GOOD FAITH. NOT A NEW MARE CALL NUMBER, A
           QUOTA, GOOD FAITH. THERE IS ALSO IN THE PROPOSED REGULATIONS A
           BROAD WAIVER ALLOWING STATES TO COME UP WITH THEIR OWN PROGRAM
           WHICH WILL REPLACE THE DEPARTMENT OF TRANSPORTATION PROGRAM, IF
           THE STATE CAN SHOW THAT IT'S OWN PROGRAM WILL EFFECTIVELY
           REDRESS DISCRIMINATION. THAT IS A BROOD WAIVER. IT SAYS YOU
           SHOW YOU GOT A GOOD PLAN, IT'S YOURS. IN ADDITION THE PROPOSED
           REGULATION WAS ADD A NET WORTH CAP. IF YOUR NET WORTH EXCEEDS A

           CERTAIN AMOUNT OUR NOT ELIGIBLE EVEN IF YOU ARE A WOMAN OR
           MINORITY. ALL THOSE STATEMENTS ABOUT THE SULTAN OF BRUNEI ARE
           IRRELEVANT. THAT'S NOT ON THE SUBJECT. WE ARE NOT TALKING ABOUT
           THE SULTAN OF BRUNEI. WE ARE TALKING ABOUT THE D.B.E. PROGRAM.
           WE ARE TALKING ABOUT PROPOSED REGULATIONS AND THE REGULATIONS
           MAKE IT CLEAR THE SULTAN OF BRUNEI WITH ALL HIS PALACES, GOLD
           PLATING AND ROLLS ROYCES WOULDN'T EVEN BEGIN TO BE ELIGIBLE FOR
           THE D.B.E. PROGRAM AND I MIGHT SAY IT IS NOT ONLY THE SULTAN OF

           BRUNEI, IT IS A BUNCH OF OTHER FOLKS WHOSE NET WORTH IS
           SIGNIFICANT AND WHO SHOULD NOT BE PART OF THE PROGRAM. THE
           BASIC POINT IS THAT THIS IS VERY -- IT IS NARROWLY TAILORED. IT
           IS FLEXIBLE. IT IS BASED ON GOOD FAITH. IT IS NOT A QUOTA. IN
           FACT, TO BE HONEST ABOUT IT, THE REGULATIONS REPLACE NUMERICAL
           GOALS EVEN WITH A GOOD FAITH EFFORT TO ACHIEVE MORE PEOPLE --

           MORE INVOLVEMENT OF SOCIALLY DIRGS ADVANTAGED PEOPLE IN THE
           DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
           

           THE PRESIDING OFFICER: WHO YIELDS TIME?
           THE PRESIDING OFFICER EARLIER RECOGNIZED THE SENATOR FROM NEW
           MEXICO TO SPEAK UNDER A PREVIOUS AGREEMENT. IF HE IS PREPARED
           TO DO SO, THE PRESIDING OFFICER WOULD BE HAPPY TO RECOGNIZE HIM
           AGAIN.
           

           MR. DOMENICI: I YIELD FIVE MINUTES OF MY TIME ALTHOUGH IT MAY
           BE A DIFFERENT VIEW THAN I HAVE. I YIELD TO SENATOR BROWNBACK
           ON MY TIME.
           

           THE PRESIDING OFFICER: THE SENATOR FROM IS RECOGNIZED TO SPEAK
           FOR FIVE MINUTES UNDERSTAND THE TIME ALLOTTED THE SENATOR FROM
           NEW MEXICO.
           

           MR. BROWNBACK: I THANK YOU MR. PRESIDENT AND I THANK THE
           SENATOR FROM NEW MEXICO. I THINK OUR VIEWS ON THE WORLD ARE
           SIMILAR ON MANY ISSUES AND ACTUALLY QUITE SIMILAR ON THIS ISSUE
           WE END UPCOMING TO THE END CONCLUSION DIFFERENTLY. I APPRECIATE
           HIM YIELDING FIVE MINUTES TO ME FOR THAT PURPOSE. MR.
           PRESIDENT, THE SENATE WILL SOON VOTE ON THIS AMENDMENT PROPOSED
           BY THE SENATOR FROM KENTUCKY ON THE ISTEA BILL. AS THE BILL
           STANDS IT MANDATES THAT NOT LESS THAN 10% OF FEDERAL HIGHWAY
           TRANSIT FUNDS MAY BE ALLOCATED TO DISADVANTAGED BUSINESS
           ENTERPRISES. I WANT TO SPEAK SPECIFICALLY ABOUT THIS AMENDMENT

           THAT DOES AWAY WITH RACIAL SET I SIDES AND REPLACE IT IS WITH
           ON OUTREACH PROGRAM TO EMERGING SMALL BUSINESSES. I REALLY
           STRUGGLED WITH THIS VOTE. I FIND THIS A VERY DIFFICULT ISSUE.
           NOT BECAUSE I SUPPORT QUOTAS. OR BECAUSE I BELIEVE RACIAL
           SET-ASIDES WILL BRING ABOUT RACIAL RECONCILIATION WHICH IS
           REALLY MY POINT OF VIEW AND MY DIFFICULTY WITH THIS IS BECAUSE
           WE DESPERATELY IN THIS COUNTRY NEED RACIAL RECONCILIATION. WE
           NEED THAT TO TAKE PLACE. WE NEED THAT PROCESS TO START IN
           EARNEST. WE NEED THAT PROCESS TO MOVE FORWARD WITH HEARTS AND

           SOULS OF PEOPLE IN THIS COUNTRY. MY PROBLEM IS, I DON'T THINK
           QUOTAS AND SET-ASIDES ALLEVIATE THE DISADVANTAGES MANY
           AMERICANS FACE OR TO INCREASE THEIR ABILITY TO COMPETE ON A
           LEVEL PLAYING FIELD NOR DO I REALLY BELIEVE IT IS GOING TO HELP
           US OUT WITH THIS RACIAL RECONCILIATION THAT OUR COUNTRY SO MUCH
           AND SO DESPERATELY NEEDS. NEVERTHELESS, THIS HAS BEEN A HARD
           DECISION TO MAKE AND IT WILL BE A HARD VOTE TO CAST. I WOULD
           LIKE TO EXPLAIN WHY I WILL VOTE IN FAVOR OF SENATOR MCCONNELL'S
           AMENDMENT AND WHY I HAVE MISGIVINGS ABOUT DOING SO FIRST I
           BELIEVE THAT QUOPE TASS ARE UNCONSTITUTIONAL AND EACH OF US

           SERVING IN THIS BODY HAVE TAKEN AN OATH TO UPHOLD THE
           CONSTITUTION. THE SUPREME COURT'S RULING IN ADARAND SEEMS TO ME
           CLEAR ON THIS POINT. WHEN I ASSUMED OFFICE I TOOK THAT OATH OF
           OFFICE OF UPHOLDING THE CONSTITUTION SERIOUSLY AND I CANNOT IN
           GOOD CONSCIENCE VOTE FOR A MEASURE THAT I BELIEVE AND THE COURT
           HAS RULED VIOLATES THE HIGHEST LAW OF THIS LAND. SECOND, I DO
           NOT THINK THE QUO TAULS ARE THE ANSWER TO THE PROBLEMS THAT
           DIVIDE US AND DIVIDE EQUAL OPPORTUNITY. QUOTAS DO NOTHING TO
           ADDRESS THE PROBLEMS THAT WE FACE AS A COUNTRY OF NOT HAVING A

           COLOR-BLIND SOCIETY INDEED IT ACTUALLY PERHAPS MAKES US MORE
           AWARE. DIFFERENCES RATHER THAN LESS AWARE OF THE DIFFERENCES.
           IT DOESN'T ADDRESS SOME OF THE UNDERLYING PROBLEMS SUCH AS
           BREAK UP OF FAMILIES, THE SINGLE GREATEST PREDICTOR OF
           OPPORTUNITIES AND INCOME LATER IN LIFE. OF HAVING AN COMING
           FROM A SOLID FAMILY THAT CARES AND LOVES FOR THE CHILDREN.
           QUOPE TASS DID DO NOT HELP MILLIONS OF CHILDREN WHO ATTEND
           SCHOOLS WHERE VIOLENCE IS DISPHON PLACE AND DRUG USE RAMPANT.
           THEN DO NOT HELP CHILDREN TO LEARN TO READ, WRITE, DO

           ARITHMETIC AND BASIC SKILLS IN THIS SOCIETY THAT WE ARE HAVING
           SO MUCH TROUBLE WITH. FINALLY I BELIEVE SET-ASIDES ARE NOT ONLY
           I EFFECTIVE IN BRINGING ABOUT RACIAL RECONCILIATION, AND THIS
           IS MY KEY POINT, I DON'T THINK THEY BRING ABOUT RACIAL
           RECONCILIATION, IN FACT THEY ARE COUNTERPRODUCTIVE. QUOTAS IN
           SOME CASES AND MANY CASES ARE AN ASSET THAT FURTHER DIVIDES OUR
           NATION AND ERODES THE PRINCIPLES OF EQUALITY. MORE THAN 30
           YEARS AGO DR. MARTIN LUTHER KING JUNIOR SHARED HIS DREAM OF A
           SOCIETY WHERE MEN AND WOMEN WOULD BE JUDGED ON THE CONTENT OF

           THEIR CHARACTER NONE NOT THE COLOR OF THEIR SKIN. WE AS A
           COUNTRY SAW THOSE WORDS AS ELECTRIC AND TRUE. AND TRUE. AND
           THIS IS A DREAM THAT ALMOST ALL AMERICANS CONTINUE TO SHARE,
           THAT WE BE JUDGED NOT ON THE CONTENT -- THAT WE BE JUDGED ON
           THE CONTENT OF OUR CHARACTER, NOT ON THE COLOR OF OUR SKIN. AND
           ALTHOUGH WE MAY DISAGREE WITHIN ON THE BESTS MEANS OF GETTING
           THERE I CAN'T BELIEVE THE BEST WAY TO ACHIEVE A COLOR-BLIND
           SOCIETY IS TO CALL MORE ATTENTION TO RACE, TO COUNT BY RACE AND
           TO DIVIDE BY RACE. THAT SAID, THE REASON I HAVE STRUGGLED WITH

           THIS VOTE IS I BELIEVE IT IS INCUMBENT UPON US TO OPEN DOORS OF
           OPPORTUNITY TO ALL AND REACH OUT TO THOSE AMERICANS WHO HAVE
           BEEN DENIED THOSE OPPORTUNITIES. UNFORTUNATELY THE WAY THIS
           DEBATE HAS BEEN SPUN A VOTE FOR DWO TASS HAS BEEN SHOWN A
           CONCERN FOR THE ADVANTAGE A PORTRAYAL WITH FALSE AND
           DESTRUCTIVE, I THINK. WE NEED TO DO MORE TO HELP EXTEND A
           HELPING HAND TO THOSE IN NEED. MORE TO TO OPEN E. OPEN THE
           SDOORS OF OPPORTUNITY AND NOT ONLY LEVEL BUT EXPAND THE PLAYING
           FIELD FOR ALL INVOLVED. NOW THE SENATOR FROM MICHIGAN'S

           PREACHLY SPOKEN. THE SENATOR THAT IS PRESIDING, THE SENATOR
           FROM INDIANA SPOKE FREQUENTLY ABOUT THE INITIATIVES OF THE
           RENEWAL ALLIANCE AND I WANT TO DRAW MY COLLEAGUE'S ATTENTION TO
           THESE EFFORTS. I THINK THIS IS A SERIOUS EVIDENT AT REACHING
           OUT AND TRULY SHOWING THE WAY TO RACIAL RECONCILIATION IS TO
           TRULY LEVEL THE PLAYING FIELD AND TO EXPAND THE PLAYING FIELD
           IN THE AIR WAS WHERE WE HAVE THE MOST OPPORTUNITY. SOME. WORK
           IN THE INNER CITIES. WORK OF THE RENEWAL ALLIANCE HAS BEEN KEY
           OF THAT. IF I COULD INDULGE ONE MORE MINUTE IF I COULD ASK THE
           SENATOR FROM NEW MEXICO FOR JUST ONE MORE.
           

           MR. DOMENICI: INDEED. AS MUCH AS YOU LIKE.
           

           MR. BROWNBACK: THANK YOU. I THINK THIS WORK OF THE RENEWAL
           ALLIANCE IS CRITICAL, BECAUSE AS I HAVE STRUGGLED WITH THIS
           DEBATE AND THE REASON I HAVE STRUGGLED WITH THIS VOTE IS NOT
           BECAUSE I BELIEVE QUOTAS ARE THE ANSWER, BECAUSE THEY JUST HAD
           NOT, AND THEY ARE NOT CONSITUTIONAL, BUT IT IS THAT IF WE
           TONIGHT HAVE A COLOR-BLIND SOCIETY THEN WHAT DO WE GO TO IF WE
           DON'T THINK QUOTAS ARE THE RIGHT THING AND WE TONIGHT THINK
           THEY ARE CONSTITUTIONAL THEN WHAT?
           AND I DON'T THINK WE HAVE ANSWERED THE QUESTION YET IN THIS
           BODY OF THEN WHAT. HOW DO WE ADDRESS THE NEED TO CREATE A COLOR

           BLIND SOCIETY. THAT'S WHERE I THINK THE RENEWAL' LINES IS
           REACHING OUT ON DOING THAT. SAYING HERE ARE SOME WAYS WE CAN
           TRULY DEVELOP IN INNER CITIES AND REACH OUT AND SAY LOOK WE
           CARE. WE WANT THESE PLACE -- WE WANT YOU TO HAVE OPPORTUNITY
           AND GROWTH AND HOPE. IT IS JUST WE AREN'T GOING TO DO IT BUY
           ACID TESTS THAT WE HAVE TALKED ABOUT IN THESE QUOTAS. AND WE
           CAN REALLY REACH MARTIN
{END: 1998/03/05 TIME: 17-30 , Thu.  105TH SENATE, SECOND SESSION}