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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION Vol. 143 WASHINGTON, TUESDAY, APRIL 22, 1997 No. 48 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, April 23, 1997, at 2 p.m. Senate TUESDAY, APRIL 22, 1997 The Senate met at 10 a.m., and was SCHEDULE The PRESIDING OFFICER (Mr. ROB- called to order by the President pro Mr. LOTT. Mr. President, today the ERTS). Without objection, it is so or- tempore [Mr. THURMOND]. Senate will be in a period of morning dered. business to accommodate a number of Mr. LEAHY. Mr. President, noting PRAYER Senators who wish to speak on a vari- that nobody has been seeking to be rec- The Chaplain, Dr. Lloyd John ety of subjects. There will be no roll- ognized for about a half-hour, I ask Ogilvie, offered the following prayer: call votes, however, during today's ses- unanimous consent that I may proceed Lord God of Truth, who calls us to sion due to the observance of Passover. for not to exceed 15 minutes as in absolute honesty in everything we say, I remind my colleagues that the week- morning business. we renew our commitment to truth. In ly party luncheons normally held The PRESIDING OFFICER. Without a time in which people no longer expect today will be held tomorrow, Wednes- objection, it is so ordered. to hear the truth, or what's worse, see day. f the need consistently to speak it, make By the unanimous consent agreed to us straight arrows who hit the target THE CRISIS IN OUR FEDERAL on Thursday of last week, the Senate JUDICIARY of absolute honesty. Help us to be peo- will begin consideration of the Chemi- Mr. LEAHY. Mr. President, I have ple on whom others always can depend cal Weapons Convention Treaty tomor- noted on the floor of the Senate a num- for unswerving integrity. Thank You row with, I believe, 10 hours of debate ber of times, the crisis in our Federal for keeping us from those little white allowed. Then on Thursday there will judiciary that Chief Justice Rehnquist lies that later on need big black ones be five motions to strike with 1 hour of has spoken of. The Chief Justice and to cover them up. May the reliability debate on each of those and, presum- others have spoken about the nearly of our words earn us the right to give ably, votes on each one of the five, 100 vacancies in our Federal judiciary righteous leadership. Thank you for with the expectation of a final vote at the district court level, at the court the wonderful freedom that comes from around 6 o'clock on Thursday. a consistency between what we promise Under the previously agreed time of appeals level, and at the Federal and what we do. You are present where agreement, Senators can anticipate court of appeals level. So far in this truth is spoken. Thank You for reign- votes on the treaty as early as Wednes- CongressÐwe have been in session now ing supreme in this Senate Chamber day afternoonÐI want to emphasize for 4 monthsÐwe have confirmed only today. Now, dear Lord, we intercede for thatÐas well as a variety of votes on two Federal judges. It is a form of zero the distressed people of Grand Forks, Thursday morning and throughout population growth, as far as the Fed- ND, as they battle the rising waters of Thursday. As always, we will notify eral judiciary is concerned. We seem to the Red River. Give them strength, Senators of any scheduled votes or have this idea that if we do not get but, dear Lord, please bring to an end changes as soon as possible, or actions Federal judges we can, somehowÐI am the devastation of this flood. In the we wish to take on the Executive Cal- not sure what we think we are going to name of our Lord and Saviour. Amen. endar. do. f Mr. President, I suggest the absence I will tell you one of the things we of a quorum. have not done. In a number of jurisdic- RECOGNITION OF THE MAJORITY The PRESIDING OFFICER (Mr. tions we are reaching a crisis situation LEADER HAGEL). The clerk will call the roll. where, instead of being able to have The PRESIDENT pro tempore. The The legislative clerk proceeded to criminal cases tried, instead of pros- able majority leader, Senator LOTT, is call the roll. ecutors being able to seek tough pen- recognized. Mr. LEAHY. Mr. President, I ask alties, they have to plea bargain be- Mr. LOTT. Thank you very much, unanimous consent that the order for cause they know they must keep up Mr. President. the quorum call be rescinded. with speedy trial mandates, yet there · This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S3391 S3392 CONGRESSIONAL RECORD Ð SENATE April 22, 1997 are not enough judges to have a speedy now been asked by a Member of the should not be either. There is no status trial, so they end up having to plea Senate, basically, to tell how she voted quo and never should be a status quo bargain. We do know that in many, on over 100 items in California. when it comes to a healthy environ- many jurisdictions it is clearly impos- Are we stooping so low as a body that ment. New pollution sources appear, sible to have a civil case heard. If you we are asking people how they voted? and none of us can predict today what are a business person with a just claim If they are up for confirmation, how the new pollution sources might be a against somebody and you want to they cast a secret ballot? Would you, decade from now. We know populations bring a suit, bring the suit, but they Mr. President, want to have somebody grow and they shift and pollutants ac- can just wait you out. If you are a liti- go back for the last 20 years and ask cumulate. So, if you are not always gant who has been damaged by some- how you voted every time you went to moving toward a safer and cleaner en- body, you want to bring a suit, they the voting booth in Kansas? I certainly vironment, then you are slipping back- can just wait you out because the would not want anybody to be able to wards. judges are not there to try the cases. ask that. I am very proud of all the The EPA conducted a 5-year review I think it is irresponsible for the votes I cast, but it is my business. It is of existing standards and compared leadership in this body to continue to not anybody else's business. One of the these with new scientific research block Federal judges. This is some- great hallmarks of this democracy is about the tiny particulates and ozone thing that I have never seen in 22 years the secret ballot, and we should not that we breathe. When EPA issued new here. During times when the Demo- start asking people that, when actually goals to lower the level of these partic- crats were in control of the Senate it appears the real reason is just to ulates coming into our lungs and the when there was a Republican Presi- keep the stall in. ozone levels, the backlash was remark- dent, we have never done it to them. We have followed, in the past, the so- able. Opponents instantly attacked the During times when Republicans have called Thurmond rule of stalling a goals rather than sitting down to work been in control of the Senate, they President's appointments to the judici- with the Congress and administration have not done this. But this time it is ary in about the last few months of to achieve these goals in a reasonable being done. It shows a lack of respon- their term in office. I have never seen and cost-effective timeframe. Instead sibility on the part of the Senate. It the stall start in the first few hours of of saying, ``What do we do to make air and water safer for our children?'' it shows a lack of responsibility on the a President's 4-year term. was, rather, ``We cannot possibly do part of individual Senators that they f this.'' These are the same people who allow this to continue. It also shows a EARTH DAY 1997: THERE IS NO would do anything to save a child, but demeaning of the Senate. It violates STATUS QUO IN PROTECTING not to save the Nation's children. the traditions of the Senate. THE ENVIRONMENT We ought to listen to the voices of There are some who do not care for more than 130 million Americans in 170 traditions in this body. Sometimes it is Mr. LEAHY. On another issue, Mr. President, since the first Earth Day in major cities who continue to breathe in things that the public does not see, 1970, Americans have gathered to cele- unhealthy air, including the city we like confining the reporters of debates brate the steps we have taken to clean are in today. When the Clean Air Act to something that looks like a sub- up our environment and to call atten- was drafted, we were unwilling to ac- terranean, medieval torture chamber tion to what still needs to be done.