October 14, 1988 CONGRESSIONAL RECORD — SENATE S 16269 I am proud to be a cosponsor of S. Mr. BYRD. It will be fine with me. 1851 and to have voted for it in the I ask that the ments be in order, with the exception of the on the Judiciary. S. 1851 is committee-reported substitute amendment. motion to reconsider be vitiated. Ordered further. That time for debate on supported by the Department of Jus­ The PRESIDING OFFICER. With- any debatable motion, , or point of tice, American Bar Association, Ameri­ out objection, it is so ordered. order, if submitted by the Chair, be limited can Jewish Committee, National Spir­ Mr. THURMOND. Mr. President, I to 10 each. itual Assembly of the Baha'is of the did not understand. Ordered further, That no motion to recom­ United States, Armenian Assembly of mit, with or without instructions, be in Mr. BYRD. I vitiated the motion to order. America, Amnesty International reconsider. Ordered further, That time for debate on U.S.A., and other organizations. Mr. THURMOND. I thank the Sena­ the bill be limited to11/2hours, to be equally Perhaps the most compelling words tor very much. divided and controlled between the to demonstrate the importance of and Minority Leaders, or their designees. passing S. 1851 in this Congress were Ordered further,That the agreement be in those of Elie Weisel before the Judici­ UNANIMOUS-CONSENT AGREE- the usual form. (Oct. 14, 1988) ary Committee. He said, "What is at MENT—H.R. 3911, DEFENSE stake is the future of many nations. PROCUREMENT FRAUD BILL What is at stake is our honor as a APPOINTMENT OF ADDITIONAL nation governed by an ancient ethical Mr. BYRD. Mr. President, I ask BANKRUPTCY JUDGES tradition that proclaims its belief that unanimous consent that the majority Mr. BYRD. Mr. President, I ask life is to be celebrated and sanctified— leader, after consultation with the mi­ unanimous consent that the Senate that applies to the life of the individ­ nority leader, any move to proceed to proceed to the immediate consider­ ual and of human communities alike." the consderation of Calendar No. 924, ation of Calendar Order No. 948, H.R. I urge adoption of S. 1851. H.R. 3911, the defense procurement 4064. Mr. HELMS. Mr. President, when fraud bill, and that it be considered The PRESIDING OFFICER. The the Genocide Convention was ap­ under the following time limitation: bill will be stated by title. proved by the Senate on February 18, One and a half hours on the bill, The assistant legislative clerk read 1986, I was pleased that two reserva­ equally divided and controlled between as follows: tions, five understandings, and one the two leaders or their designees. A bill (H.R. 4064) to title XXVIII mandatory declaration were attached Five minutes on a managers' techni­ of the United States Code to authorize the thereto. cal amendment to be offered to the appointment of additional bankruptcy The understandings and reservations committee substitute amendment. judges. which were made a part of the Geno­ Five minutes on a Grassley amend­ The PRESIDING OFFICER. Is cide Convention were a response to ment dealing with technical changes to there objection to the present consid­ the criticism raised by the late, great the False Claims Act. eration of the bill? Senator from North Carolina, my Ten minutes on a Grassley-Levin There being no objection, the Senate friend and colleague Senator Sam amendment dealing with allowable proceeded to consider the bill. Ervin. These reservations and under- costs for Government contractors. AMENDMENT NO. 3700 standings constitute a memorial to Thirty minutes on an amendment to (Purpose: To authorize the appointment of Senator Ervin and his lifelong commit­ be offered on behalf of Senator CRAN­ additional bankruptcy judges) ment to the U.S. Constitution. They STON adding the text of S. 1456. represent the very minimum of consti­ Mr. BYRD. Mr. President, I call up tutional protections for this great Five minutes on an amendment to be an amendment on behalf of Senators Nation. offered on behalf of Mr. LEAHY to in- BENTSEN, DECONCINI, and MCCAIN. corporate the text of S. 438 as passed The PRESIDING OFFICER. The Mr. President, I voted against the by the Senate. amendment will be stated. ratification of the Genocide Conven­ Ten minutes on any debatable The assistant legislative clerk read tion in memory of Senator Ervin. motion, appeal, or , if Thanks to the provisos approved by as follows: submitted by the Chair. The Senator from West Virginia [Mr. the Foreign Relations Committee and Provided, further, that no other BYRD], for Mr. BENTSEN, (for himself, Mr. attached by the Senate to the Conven­ amendments be in order, with the ex­ DECONCINI, and Mr. MCCAIN), proposes an tion, the Genocide Convention is more amendment numbered 3700. a symbol than a legal reality. Never­ ception of the committee-reported theless, I still have concerns about substitute amendment. Mr. BYRD. Mr. President. I ask how it might be implemented. That the agreement be in the usual unanimous consent that reading of the form and that no motion to recommit, amendment be dispensed with. The legislation on which we are with or without instructions, be in The PRESIDING OFFICER. With- about to vote meets some of those con­ out objection, it is so ordered. cerns. I preferred a simple resolution order. condemning genocide in 1986. I prefer The PRESIDING OFFICER. With- The amendment is as follows: a simple resolution condemning geno­ out objection, it is so ordered. Strike out "and" at the end of paragraph cide now. I condemn genocide, which The text of the agreement is as fol­ (4) in the first section. is mass murder, in any form. However, lows: Strike out the period at the end of para- I will still vote against this legislation Ordered, That the Majority Leader, after graph (5) in the first section and insert in consultation with the Minority Leader, may lieu thereof a comma. because of Senator Ervin's objections move to proceed to the consideration of After paragraph (5), add the following: and because I believe that the Conven­ H.R. 3811, the Defense procurement fraud (6) in the item relating to the western dis­ tion is at best an uncertain symbol. bill, and that it be considered under the fol­ trict of Texas, by striking "3"and inserting Criminal laws are the best way of deal­ lowing time limitation: "4", and ing with criminals, domestic or inter- Managers' technical amendment, to be of­ (7) in the item relating to the district of national. fered to the committee substitute amend­ Arizona, by striking "4"and inserting "5". The bill was ordered to be engrossed ment, 5 minutes The PRESIDING OFFICER. The Grassley amendment, dealing with techni­ question is on agreeing to the amend­ for a third reading, read the third cal changes to the False Claims Act, 5 min­ ment. time, and passed. utes The amendment (No. 3700) was Mr. BYRD. Mr. President, I ask Grassley-Levin amendment, dealing with agreed to. unanimous consent that the motion to allowable costs for government contractors, Mr. STEVENS. Mr. President, I am reconsider be laid on the table. 10 minutes delighted today to rise in support of The PRESIDING OFFICER. With- Amendment to be offered on behalf of H.R. 4064, a bill which authorizes five out objection, it is so ordered. Senator CRANSTON, adding text of S. 1456, 30 minutes new bankruptcy judges including one Mr. THURMOND. Mr. President, an Amendment to be offered on behalf of for the Judicial District of Alaska. inquiry: Are we going to reconsider Senator LEAHY, to incorporate the text of S. I am indebted to my good friend and each of these bills without reconsider­ 438, as passed the Senate, 5 minutes colleague, Congressman DON YOUNG, ing the of judges? Ordered further, That no other amend­