SENATE-Monday, June 14, 1998

12562 CONGRESSIONAL RECORD-SENATE June 14, 1993 SENATE-Monday, June 14, 1998

(Legislative day o[ Monday, June 10, 1993)

The Senate met at 2:30 p.m., on the WELCOME TO MRS. KAY BAILEY Her career on the appellate court has expiration of the recess, and was called HUTCHISON made her one of the most respected to order by the Honorable PA'ITY MUR Mr. MITCHELL. Madam President, judges on the D.C. Circuit Court. She RAY, a Senator from the State of Wash the purpose of today's session of the was the lone dissenting appellate judge ington. Senate is to welcome and to partici on the case of Morrison versus Olsen, a judgment that was subsequently vindi PRAYER pate in the swearing-in of the newly elected Senator from Texas, Mrs. KAY cated by an 8-to-1 ruling of the Su The Chaplain, the Reverend Richard BAILEY HUTCHISON. preme Court. C. Halverson, D.D., offered the follow On behalf of all of the Members of the Judge Ginsburg will bring a distin ing prayer: guished record of legal experience and Let us pray: U.S. Senate, I welcome Mrs. HUTCHISON to our ranks. knowledge to the Court. She will bring, Blessed is the nation whose God is the as well, a willingness to recognize the Lord.-Psalm 33:12. proper role of the judiciary in a demo God of our fathers, as a new Senator A SIGNIFICANT DAY cratic society, and in our Govern takes her oath of office, promising to ment's system of checks and balances. defend the Constitution against all en Mr. MITCHELL. Madam President, emies, we are profoundly grateful for a this is a significant day in many re document which merits this commit spects. On the day prior to this swear CONCERN AND PRAYERS FOR ment from all who hold public office. ing-in, a woman was nominated to be SENATOR SPECTER We thank Thee for the wisdom and vi come the Prime Minister of Canada. Mr. MITCHELL. Madam President, I sion of our forebears who conceived a Just a few moments ago, the President know I speak for all Members of the political system designed to form a announced the nomination of a woman Senate, also, to express our deep con government receiving its authority to serve on the Supreme Court. And cern and prayers for our colleague, from the consent of the governed whose Mrs. HUTCHISON is being sworn in here Senator ARLEN SPECTER of Pennsylva purpose was to secure human rights, this afternoon. nia, who this day underwent a major endowed by God who created all per I think all of those reflect a positive operation. We all hope and pray for sons equal. trend, not only in ours but in other so We praise and thank Thee, mighty Senator SPECTER's swift recovery. We cieties, toward the full participation of look forward to welcoming him back to God, for the faith expressed over and women in the processes of government. over again in their writings and the Senate in the near future. speeches. Help us gracious God, to take seriously this faith-the foundation ORDER OF PROCEDURE WELCOME AND BEST WISHES upon which our political system rests, Mr. MITCHELL. Madam President, I FROM SENATORS lest we lose by default that which we have discussed the matter with the dis Mr. MITCHELL. Finally, Madam promise to defend. tinguished Republican leader. Prior to President, in welcoming Mrs. We pray in His name who is the Light the swearing in, I have two brief state HUTCHISON to the Senate, I want to say of the world. Amen. ments to make on subjects which the that we had hoped that there would be distinguished Republican leader will more Senators present. This is a day on APPOINTMENT OF ACTING himself address. The first deals with which the Senate is not in session with PRESIDENT PRO TEMPORE Judge Ginsburg. votes and, therefore, many Senators The PRESIDING OFFICER. The are not present. Each of them has clerk will please read a communication NOMINATION OF JUDGE RUTH asked me to extend to her our welcome to the Senate from the President pro BADER GINSBURG and our best wishes. tempore [Mr. BYRD]. Madam President, I yield to the dis The legislative clerk read the follow Mr. MITCHELL. Madam President, I tinguished Republican leader at this ing letter: welcome the President's nomination of ti~e. U.S. SENATE, a distinguished appeals court judge, PRESIDENT PRO TEMPORE , Judge Ruth Bader Ginsburg, to replace Washington, DC, June 14, 1993. Justice Byron White on the Supreme RECOGNITION OF THE To the Senate: Court. REPUBLICAN LEADER Under the provisions of rule I, section 3, of Judge Ginsburg's career on and off The ACTING PRESIDENT pro tem the Standing Rules of the Senate, I hereby the bench has been remarkable. A grad appoint the Honorable PATTY MURRAY, a pore. The Chair recognizes the Repub Senator from the State of Washington, to uate of Columbia Law School in an era lican leader. perform the duties of the Chair. where few women aspired to legal stud ROBERT C. BYRD, ies, she was the first woman appointed President pro tempore. a professor of law at Columbia. NOMINATION OF JUDGE GINSBURG Mrs. MURRAY thereupon assumed As the general counsel of the wom Mr. DOLE. Madam President, I be the chair as Acting President pro tem en's rights project of the American lieve President Clinton made a good pore. Civil Liberties Union from 1972 to 1980, choice today with his nomination of she played a central role in virtually Judge Ruth Bader Ginsburg to fill the all of the key cases involving equal vacancy on the Supreme Court caused RECOGNITION OF THE MAJORITY rights analysis based on gender. by the expected departure of Justice LEADER She was instrumental in persuading Byron White. The ACTING PRESIDENT pro tem the Supreme Court to grant heightened As pointed out by the distinguished pore. The Chair recognizes the major scrutiny to issues of gender discrimina majority leader, she has a distin ity leader. tion. guished career.

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. June 14, 1993 CONGRESSIONAL RECORD-SENATE 12563 Not surprisingly, she has a long States caused by the resignation of Lloyd sides of the aisle-! guess particularly paper trail, having written hundreds of Bentsen. on this side of the aisle-today I am legal opinions and more than 40 arti Witness: Her excellency Ann W. Richards, particularly pleased to welcome Sen our governor, and our seal hereto affixed at cles. Austin this lOth day of June, in the year of ator KAY BAILEY HUTCffiSON to this Obviously, these will be reviewed by our Lord 1993. Chamber. members of the committee and others. ANN W. RICHARDS, I want to say how important and sig Having voted for Judge Ginsburg in, I Governor of Texas. nificant it was that our former col believe, June 1980, almost 13 years ago, Attest: league, Senator Bentsen-now Sec to be a member of the circuit court, JOHN HANNAH, Jr. retary Bentsen-was here. No doubt both in the committee-! was a mem Secretary of State. about it, KAY has big shoes to fill. And ber of the Judiciary Committee at that I know Secretary Bentsen will be at time-and also on the floor, I certainly ADMINISTRATION OF OATH OF her beck and call if he can do anything wish her the best. I expect her nomina OFFICE to make her job here a more effective tion will be well received. one for the State of Texas. She is also a neighbor in the same The VICE PRESIDENT. If the Sen History will note that Senator building in which we live, and it is a ator-elect will present herself to the HUTCffiSON is the 1,815th person, and good bipartisan building. desk, the Chair will administer the the 22d woman to serve in the U.S. Sen oath of office as required by the Con ate. stitution and prescribed by law. And history will also note Senator SENATOR SPECTER'S RECOVERY (Mrs. HUTCHISON, escorted by Mr. HuTcmsoN's election is confirmation GRAMM, advanced to the desk of the that 1993 is "the year of the tax Mr. DOLE. Madam President, I also Vice President; the oath prescribed by thank the majority leader for his com payer"-because of those 1,815 Sen law was administered by the Vice ators, few have been sent to Washing ments about Senator SPECTER. President, and Mrs. HuTcmsoN sub I spoke with Mrs. Specter at about ton with more timely or more impor scribed to the oath in the Official Oath tant instructions from taxpayers than 12:45 today. The operation, as far as she Book.) knows, was a complete success. It took The VICE PRESIDENT. Congratula- KAY BAILEY HUTCHISON. less time than they expected. They will tions. And as we welcome Senator have the pathology tomorrow. [Applause, Senators rising.] HUTCffiSON to this Chamber, I also want But he was, she said, wiggling his Mr. MITCHELL addressed the Chair. to welcome the hundreds of Texans toes and talking-and that seemed to The ACTING PRESIDENT pro tem- who made the trip to Washington to be a very good sign-almost imme pore. The Chair recognizes the major see this historic ceremony. diately after the operation. ity leader. I have never been to a Texas Long In fact, he did not discover this until horn football game-but I suspect the this past Friday in an examination at audience there looks a lot like our gal Bethesda. PRAYERS FOR GOV. ROBERT lery today. But he is alert and talking. No ques CASEY [Laughter; applause.] tion about it, he will be missed. He will Mr. MITCHELL. Madam President, I The ACTING PRESIDENT pro tem be back very soon. We should have would like to join my colleague, the pore. The Senate will be in order. more information tomorrow. distinguished Republican leader, in ex Mr. DOLE. Needless to say, there is a pressing the concern of all Senators, lot of proud Texans here today-and and prayers, for the Governor of Penn most proud of all are Senator PRAYERS FOR GOV. ROBERT sylvania, Robert Casey, who, as Sen HUTCffiSON's husband, her mother, and CASEY ator DOLE indicated, is also about to several other family members. Mr. DOLE. Madam President, it is undergo major surgery. We all extend our welcome to KAY also fair to say that our thoughts HUTCffiSON. today are also with the Governor of I think I would say to KAY that it is CONDOLENCES TO SENATOR ALAN generally good news when there are not Pennsylvania, Governor Casey, who is SIMPSON undergoing very serious surgery today. many Members on the floor. So do not I know our prayers are extended both Mr. MITCHELL. Madam President, I be disappointed that there were not to the Governor and his family, and to would also like to express the condo more here, because if there were more Senator SPECTER and his family. lences of all the Members of the Senate here, we could do things; with only a to our good friend and distinguished few here, we cannot do very much. colleague, Senator ALAN SIMPSON, So we look forward to working with CREDENTIALS whose father passed away late last KAY, starting today and from now on. week. We extend our congratulations to her, The VICE PRESIDENT. The Chair Senator SIMPSON's father was himself as I said, and her family and the people lays before the Senate the credentials of Texas. of Senator-elect KAY BAILEY HUTCffiSON a Senator and a Governor of his State. of the State of Texas, duly certified by He served with great distinction in those and other public roles. He will be SALUTE TO MILWARD SIMPSON the Governor of said State. greatly missed, not only by his family, Without objection, the credentials but by all the people of his State of Mr. DOLE. Madam President, Louis will be placed on file and the certifi Wyoming. L'Amour, the great storyteller of the cate of election will be deemed to have Madam President, I now yield the American West, once wrote that "what been read. floor. I believe the distinguished Re a man· is and what he becomes, is in The certificate reads as follows: publican leader has further comments. part due to his heritage." STATE OF TEXAs-CERTIFICATE OF ELECTION Mr. DOLE addressed the Chair. This statement is confirmed by an FOR UNEXPffiED TERM The ACTING PRESIDENT pro tem other storyteller of the American To the President of the Senate of the United pore. The Chair recognizes the minor West-our friend and colleague, ALAN States: ity leader. SIMPSON. This is to certify that on the fifth day of For Senator SIMPSON does credit his June, 1993, Kay Bailey Hutchison was duly chosen by the qualified electors of the State heritage for his commitment to public WELCOME SENATOR KAY BAILEY service. of Texas a Senator for the unexpired term HUTCHISON ending at noon on the 3rd day of January, Senator SIMPSON learned this com 1995, to fill the vacancy in the representation Mr. DOLE. Madam President, on be mitment from his father, Mil ward from said State in the Senate of the United half of all of my colleagues on both Simpson, who served 4 years as Gov- 12564 CONGRESSIONAL RECORD-SENATE June 14, 1993 ernor of Wyoming and 4 years here in accompanying papers, reports, and doc On page 53, beginning with line 20, strike the U.S. Senate. uments, which were referred as indi all through page 54, line 4, and insert: Milward Simpson died at age 95 last cated: "(3) The rate under this subsection with re week, and I know all Members of this spect to an eligible Senate candidate shall EC-926. A communication from the Presi apply during an election cycle only to that body join with me in extending our dent of the United States, transmitting, pur number of pieces of mail equal to the number sympathies to Senator SIMPSON and his suant to law, a notice on recent develop of individuals in the voting age population family. ments with respect to the situation in Soma (as certified under section 315(e) of the Fed Throughout his political career, lia; to the Committee on Foreign Relations. eral Election Campaign Act of 1971) of the Milward Simpson, like his son after State." him, would "call them as he saw AMENDMENTS SUBMITTED On page 136, strike lines 11 through 24, and them." He always did what he thought insert: was right-even if it was unpopular. SEC. • LEGISLATION NOT TO TAKE EFFECT UNTIL TAX ON CAMPAIGNS EXCEED· Milward Simpson also knew the dan CONGRESSIONAL CAMPAIGN ING SPENDING LIMITS. gers of a constantly growing Federal SPENDING LIMIT AND ELECTION The provisions of this Act (other than this Government. As a Governor and a Sen REFORM ACT section) shall not be effective until the Sec ator, he was a strong voice for keeping retary of the Treasury certifies that Federal power with individuals and with the 50 legislation has been enacted which- States, and not with Uncle Sam. DURENBERGER AMENDMENT NO. (1) imposes a 25-percent gross receipts tax A veteran of World War I, Milward 446 on authorized committees of candidates for (Ordered to lie on the table.) Federal office, Simpson lived a long and rewarding (2) provides an exemption from such tax for life. I was privileged to serve for 4 Mr. DURENBERGER submitted an committees of a candidate who complies years in the House while he was in the amendment intended to be proposed by with any applicable Federal campaign spend Senate, and I know how much it meant him to the bill (S. 3) entitled the "Con ing limit, and to him to have his son serve in this gressional Campaign· Spending Limit (3) makes a candidate jointly and severally Chamber. and Election Reform Act of 1993," as liable for such tax if the candidate exceeds Elizabeth joins with me in telling follows: the limit by more than 5 percent. Senator SIMPSON, Ann, and the entire On page 7. strike lines 8 and 9. Simpson family that they are in our On page 10, strike lines 2 through 5, and in CHAFEE AMENDMENT NO. 447 thoughts and in prayers. · sert: "in an amount at least equal to 2.5 per (Ordered to lie on the table.) Madam President, I suggest the ab cent of the general election expenditure Mr. CHAFEE submitted an amend sence of a quorum. limit under section 502(b)." On page 17, beginning line 17, strike all ment intended to be proposed by him The ACTING PRESIDENT pro tem through page 22, line 9, and insert: to the bill (S. 3), supra, as follows: pore. The absence of a quorum has been "(b) WAIVER OF EXPENDITURE AND CON suggested. The clerk will call the roll. Strike section lOl(c) of the amendment. TRIBUTION LIMITS.-(1) if an eligible Senate Strike section 803 of the amendment and The legislative clerk proceeded to candidate has an opponent in the general insert the following: call the roll. election who receives contributions, or makes (or obligates to make) expenditures, SEC. 803. SEVERABll.ITY. Mr. COCHRAN. Madam President, I If any provision of (including an amend ask unanimous consent that the order for such election in excess of the general election expenditure limit under section ment made by) this Act or the application of for the quorum call be rescinded. 502(b), the general election expenditure limit any provision to any person or circumstance The ACTING PRESIDENT pro tem under section 502(b) for the eligible Senate is held invalid, only that provision (and any pore. Without objection, it is so or candidate shall be increased by the sum of- provision the operation of which depends dered. "(A) one-third of such limit when the ex upon the effectiveness of that provision) cess is less than one-third of such limit, plus shall be declared to be invalid, and the valid "(B) one-third of such limit when the ex ity of the remaining provisions of this Act MESSAGES FROM THE HOUSE cess is at least one-third but less than two and of the application of that provision to thirds of such limit, plus other persons and circumstances shall not be At 2:32 p.m., a message from the "(C) one-third of such limit when the ex affected. House of Representatives, delivered by cess is at least two-thirds but less than 100 Ms. Goetz, one of its reading clerks, an percent of such limit, plus CHAFEE AND OTHERS "(D) 100 percent of such limit when the ex nounced that the House has passed the AMENDMENT NO. 448 following bills, in which it requests the cess is at least 100 percent of such limit.". concurrence of the Senate: On page 22, line 10, strike "(3)" and insert (Ordered to lie on the table.) "(2)". H.R. 2343. An act to amend the Forest Re Mr. CHAFEE (for himself, Mr. On page 22, line 23, strike "100" and insert DURENBERGER, and Mr. MCCAIN) sub sources Conservation and Shortage Relief "200". Act of 1990 to permit States to adopt timber On page 23, strike lines 1 through 19. mitted an amendment intended to be export programs, and for other purposes; and On page 24, strike lines 3 through 20. proposed by him to the bill (S. 3), H.R. 2348. An act making appropriations On page 26, strike lines 3 through 14, and supra, as follows: for the Legislative Branch for the fiscal year redesignate accordingly. At the appropriate place insert the follow ending September 30, 1994, and for other pur On page 28, strike lines 10 through 19, and ing: No Member of Congress may send an un poses. redesignate accordingly. solicited mass mailing under the franking On page 31, strike lines 11 and 12. privilege during the calendar year of his or On page 32, beginning with line 15, strike her election. MEASURES REFERRED all through page 36, line 7. On page 51, strike lines 11 through 19, and The following bill was read the first insert: "In the case of an eligible Senate can DORGAN AMENDMENT NO. 449 and second times by unanimous con didate (as defined in section 301(19) of the (Ordered to lie on the table.) sent, and referred as indicated: Federal Election Campaign Act of 1971), the H.R. 2348. An act making appropriations charges for the use of a television broadcast Mr. DORGAN submitted an amend for the legislative branch for the fiscal year ing station during the 30-day and 60-day peri ment intended to be proposed by him ending September 30, 1994, and for other pur ods referred to in paragraph (1) shall not ex to the bill (S. 3), supra, as follows: poses; to the Committee on Appropriations. ceed 50 percent of the lowest charge de On page 136, line 24, before the end period scribed in paragraph (1), except that this sen insert: "and by repealing the tax exemption tence shall not apply to any broadcast which under section 527 of the Internal Revenue EXECUTIVE AND OTHER is not at least 60 seconds in length. The pre Code of 1986 for the exempt function income COMMUNICATIONS ceding sentence shall not apply with respect of the campaign committees of a candidate to any election if no other candidate has who exceeds the voluntary Federal campaign The following communications were qualified for the same election ballot under spending limits (whether or not the can laid before the Senate, together with the law of the State involved." didate agreed to the limits)". June 14, 1993 CONGRESSIONAL RECORD-SENATE 12565 ADJOURNMENT UNTIL 10 A.M. ask unanimous consent that the Sen- There being no objection, the Senate, TOMORROW ate stand adjourned under the previous at 2:49 p.m., adjourned until Tuesday, Mr. COCHRAN. Madam President, 1 order. June 15, 1993, at 10 a.m.