S12586 CONGRESSIONAL RECORD — SENATE October 14, 1998 know that phony issue ads paid for man, educator, and philanthropist, and land Press Herald, Providence Journal, with unlimited corporate and union he gained diplomatic experience as a Riverside (Ca.) Press-Enterprise, Rocky funds undermine the ability of citizens member of the U.S. delegation to the Mountain News, San Diego Union-Trib- to understand who is bankrolling the 51st U.N. Human Rights Commission in une, San Francisco Chronicle, San candidates and why. We can find bipar- Geneva in 1995 and as a member of the Francisco Examiner, Santa Rosa (Ca.) tisan solutions to these problems that U.S. delegation to the 51st U.N. Gen- Press Democrat, Seattle Post-Intel- protect legitimate First Amendment eral Assembly in 1997. He was even con- ligencer, Springfield (Ill.) Journal-Reg- rights if we are willing to put partisan firmed unanimously by this very Sen- ister, St. Louis Post-Dispatch, St. Pe- political advantage aside and sit down ate for the latter post on May 23, 1997. tersburg Times, Syracuse Post-Stand- and work it out. He has been an upstanding civic lead- ard, Tulsa World, Washington Post, Senator MCCAIN and I are ready—we er in San Francisco, and he has been and York (Pa.) Daily Record. have been ready ever since we intro- honored for his work by organizations Many of these newspapers have also duced our bill—to make changes to our too numerous to mention. He is a man run op-ed columns which call for a vote bill that will bring new supporters on who is kind to all he meets, generous on the nomination, as have the: Ari- board and get us past the 60 vote beyond measure, and deeply committed zona Republic, Buffalo News, Columbus threshold that the Senate rules have to making the world and his commu- Dispatch, Dallas Morning News, Denver placed in our way, so long as we stay nity a better place to live for all peo- Post, Des Moines Register, Detroit true to the goal of a cleaner, fairer, ple. He is a devoted father of five grown News, Fort Lauderdale Sun-Sentinel, system in which money will no longer children, and grandfather of 13. Anyone Greensboro News & Record, Madison dominate. who knows him, as I have been privi- Capital Times, Memphis Commercial I look forward to continuing this leged to do for over two decades, knows Appeal, Northern New Jersey Record, work next year Mr. President. And I that he is a man of decency and honor, Raleigh News & Observer, Salt Lake am confident that we will succeed. and the type of person who should be City Tribune, and USA Today. Again, I want to thank Senator MCCAIN encouraged to be in public service. I deeply regret that the Senate has and all the Republicans who joined our So this is the situation we face: we not been permitted to have its say on bill this year. And of course, Senator have a nominee with outstanding tal- this eminently qualified nominee sole- DASCHLE and all the Democratic Sen- ents and credentials; he was previously ly because he is gay. But the Senate’s ators who have so steadfastly sup- confirmed by this Senate for another failure to act need not prevent Mr. ported bipartisan reform in this Con- post; he was approved by the Foreign Hormel from assuming his post. In a gress. Relations Committee by a 16–2 vote case such as this, where the Senate has Mr. President, most important legis- nearly a year ago; and over 60 Senators so clearly failed to fulfill its Constitu- lative accomplishments take more support bringing his nomination to a tional obligation with respect to a than one Congress to enact. Rome was vote. And yet, we have never had the nomination, even though a clear ma- not built in a day, and campaign fi- opportunity to vote on it. jority of the Senate supports that nom- nance reform obviously could not be Why? Because several Senators on ination, I believe it is entirely appro- enacted in a year. But I believe that the other side of the aisle have placed priate for the President to use his Con- early in the next Congress there will be holds on the nomination, preventing a stitutional authority to make a recess a real chance to deal with the cam- debate and a vote they knew they appointment. Luxembourg is a NATO ally, and we paign finance issue in a bipartisan would lose. And the Majority Leader need an ambassador there. Mr. Hormel fashion to make the election in the has refused to call up the nomination, effectively allowing the passage of has every qualification necessary to be Year 2000 cleaner and fairer than the an outstanding ambassador, and he one we just had or the one we are about time to kill it. Why has Mr. Hormel been denied the would have been overwhelmingly con- to have. The American people deserve firmed if the Senate had been allowed that as we enter a new century, and Constitutionally delineated due proc- ess of a Senate debate and vote? The to vote. But we were not. I, therefore, here is a promise: I will never, ever, urge President Clinton, after Congress give up this fight until we give it to answer is simple: Mr. Hormel is gay. With no other reasonable grounds to adjourns, to make a recess appoint- them. ment of James Hormel to be U.S. Am- f block this nomination, one can come to no other conclusion than that some bassador to Luxembourg. It is the right THE NOMINATION OF JAMES C. Senators are simply opposed to a gay thing to do, and it will give the coun- HORMEL man serving our country as a U.S. Am- try the benefit of the service of James Hormel, which the Senate has failed to Mrs. FEINSTEIN. Mr. President, as bassador. I believe the Senate does not do. want to allow this type of discrimina- the 105th Congress draws to a close, I Mr. President, because the Senate rise to express my disappointment over tion to prevail, and I think the vast has not had the opportunity to debate something we did not do. The Senate, majority of my colleagues agree. But this nomination, I ask unanimous con- despite strong support from both sides so far, it appears that discrimination sent to place in the RECORD some of the of the aisle, has not brought the nomi- has prevailed. materials I would have used in the I believe the majority of Americans nation of James C. Hormel to serve as course of that debate, including some agree with this position as well. To cite U.S. Ambassador to Luxembourg to the of the notable editorials, op-ed pieces, just one measure, newspaper editorials floor, has not had a debate on the nom- and letters of support that have come have appeared in support of Mr. ination, and has not had a vote on it. to my attention. This failure is really quite incompre- Hormel’s nomination across the coun- There being no objection, the mate- hensible. try, including in the: Albany Times rial was ordered to be printed in the The President nominated James Union, Albuquerque Journal, Arkansas RECORD, as follows: Hormel for this post on October 6, 1997. Democrat-Gazette, Atlanta Journal & [From the Los Angeles Times, July 22, 1998] After a thorough review by the Senate Constitution, Boston Globe, Charleston GAME’S NOT OVER FOR HORMEL (W.Va.) Gazette, Chicago Tribune, Cin- Foreign Relations Committee, the Even though this hasn’t been a notably committee approved the nomination by cinnati Post, Cleveland Plain Dealer, busy or productive year for the U.S. Senate, a vote of 16–2 and reported it to the full Detroit Free Press, Evansville Courier, Majority Leader Trent Lott has decided that Senate with the recommendation that Fort Worth Star-Telegram, Hartford there simply is no time available to vote on it be confirmed. And yet here it is, Oc- Courant, Houston Chronicle, Los Ange- the nomination of James Hormel as ambas- tober 14, 1998, in the final hours of this les Times, Louisville (Ky.) Courier- sador to Luxembourg. Never mind that Congress, and the nomination has not Journal, Minneapolis-St. Paul Star- Hormel’s confirmation has been pending Tribune, Newark (N.J.) Star-Ledger, since last fall, that hearings on his fitness budged from the Executive Calendar. have long since been completed or that Lott Mr. Hormel is eminently qualified for New Orleans Times Picayune, New early on declared his unshakable belief that the job of U.S. Ambassador to Luxem- York Daily News, New York Times, Pe- Hormel should not represent his country bourg. He has had a diverse and distin- oria Journal-Star, Philadelphia In- abroad because he is a homosexual. The ex- guished career as a lawyer, business- quirer, Pittsburgh Post-Gazette, Port- cuse du jour is that the Senate calendar is October 14, 1998 CONGRESSIONAL RECORD — SENATE S12587 too crowded to permit a confirmation vote. cause of his sexual nature. If the right to television interview that he thought homo- So Lott and a handful of others of like mind earn a living and contribute to one’s country sexuality was a sin. He likened it to alcohol- will have denied the Senate its constitu- is a ‘‘special right,’’ it is a special right that ism, kleptornania and ‘‘sex addiction.’’ The tional responsibility to advise and consent to must be available to all Americans. next day, Dick Armey, the House majority this nomination. leader, said he thought it was a sin too, and That’s not the end of the story, however. [From the Philadelphia Inquirer, June 23, cited some Bible scripture to the effect that The Constitution also empowers the presi- 1998] neither fornicators, nor adulterers, ‘‘nor ef- dent to fill vacancies when Congress is in re- HOLD THAT HOMOPHOBIA feminate, nor abusers of themselves with mankind’’ shall inherit the kingdom of God. cess. Congress is rushing toward recess now, Maybe Don Nickles, the second-ranking Finally, in a letter to Mr. Lott made public its members eager to campaign for the No- Republican in the Senate, thinks he’s Don vember elections. Once it has adjourned, on Thursday, Senator Alfonse D’Amato of Rickles, the insult-comedian? That might new York broke the silence of his fellow Re- President Clinton can name Hormel to the explain his screed Sunday against a gay busi- Luxembourg post. He is qualified, he is ac- publicans to say that it was wrong to block nessman nominated to be an ambassador. Hormel’s nomination simply because he is ceptable to the host government and his sex- Alas, Mr. Nickles and other die-hard oppo- ual orientation is utterly irrelevant. gay. ‘‘I am embarrassed,’’ he said. Senator nents of sending James Hormel to Luxem- Dianne Feinstein of California has said she That’s the way most senators feel, as Lott bourg are slinging their insults in dead ear- well knows. Had the Senate leader allowed a believes more than 60 senators support Mr. nest. Hormel. Mr. Lott should let the nomination floor vote, Hormel would easily have been They say it’s not simply that this would-be confirmed. Instead Lott used his powers to go to the floor, so Mr. Hormel. can be judged diplomat is gay; it’s that he’s out of the clos- on his merit. prevent a vote, meanwhile taking to the air- et. Mr. Hormel, a wealthy San Franciscan, waves to give his opinion that homosexual- has given tons of money to various causes [From the Washington Post, May 12, 1998] ity is a treatable condition, as he put it, like and institutions, including Swarthmore Col- QUALIFIED TO SERVE alcoholism or kleptomania. In other words, lege. But his foes fulminate about his dona- anyone who makes the effort can surmount tions to ‘‘a gay and lesbian center’’ at San Senate Majority Leader Trent Lott, re- fuses to let the Senate vote on President it. That notion may play well in some cir- Francisco’s main library. cles. It hardly elevates the reputation of the ‘‘One might have that lifestyle,’’ said Mr. Clinton’s nominee to be ambassador to Lux- Senate. Nickles, ‘‘but if one promotes it as accept- embourg. Four of Mr. Lott’s fellow Repub- In a few weeks the Senate will recess. able behavior . . . I don’t think they [sic] licans have objected to would-be ambassador James Hormel because, they say, of his sup- There’s no reason why Hormel shouldn’t be should be representative of this country.’’ presenting his credentials in Luxembourg Never mind that Mr. Hormel’s public serv- port for gay rights. But many other Clinton not long after. ice includes stints at the U.N. Human Rights appointees have shared Mr. Hormel’s views Commission and General Assembly. on that matter. The real problem seems to [From the Atlanta Constitution, July 2, 1998] Never mind that his nomination has been be that Mr. Hormel is himself openly gay. Mr. Hormel, 65, is a longtime supporter of SENATE DISCRIMINATES AGAINST GAYS endorsed by Republicans such as former Sec- the Democratic Party, and you could cer- retary of State George Shulz and Senate Ju- When gay Americans have sought protec- tainly make a case that more career dip- diciary Committee Chairman Orrin Hatch. tion against being fired from jobs or being lomats and fewer political contributors Never mind that his defenders, including denied employment solely because of their should get ambassadorial posts. But as polit- the executive director of the American Li- sexual orientation, they have been slapped ical nominations go, Mr. Hormel is, accord- brary Association, argue that libraries ought with the charge that they are seeking ‘‘spe- ing to wide bipartisan consensus, unusually to include a breadth of materials. cial rights.’’ well qualified. A lawyer and businessman For months now, his nomination has been The implication of the term, ‘‘special from San Francisco, Mr. Hormel has been a in limbo because a few senators invoke their rights,’’ has been that gay Americans don’t longtime and effective supporter of many informal power to put an indefinite ‘‘hold’’ really need job protection, that they seek charitable causes. George Shultz, former sec- on it. If homophobes want to oppose Mr. some sort of exalted legal status above and retary of state, says Mr. Hormel ‘‘would be a Hormel, even though Luxembourg has ex- beyond that enjoyed by other Americans. wonderful representative for our country.’’ That doesn’t make much sense to gay Ameri- pressed its approval, let ’em. But his future The senators who object—Tim Hutchinson cans, for whom job discrimination is very should be decided by the full Senate, not X’d of Arkansas, James Inhofe of Oklahoma, real, but it has nonetheless become the out by a tiny minority. Robert Smith of New Hampshire and a standard line for politicians in rejecting gay- fourth who remains anonymous—say they rights legislation. [From the New York Times, June 22, 1998] fear he would use his ambassadorship to ad- The example of businessman James LET THEM VOTE ON MR. HORMEL vance a gay rights agenda. How that might Hormel has exposed the hypocrisy of that ar- James Hormel, President Clinton’s nomi- come about in Luxembourg is hard to see; in gument. President Clinton has nominated nee to be ambassador to Luxembourg, is op- any case, Mr. Hormel has made clear that he Hormel to be U.S. ambassador to Luxem- posed by a small group of Republican sen- would use his post to promote U.S. policy, bourg, a largely honorary role that requires ators who are looking smaller all the time. and U.S. policy only. confirmation by the U.S. Senate. But a vote It is not Mr. Hormel’s credentials that are in Mr. Hormel’s nomination sailed through on Hormel’s nomination has been blocked by question. An heir to the Hormel Meat-pack- the Senate Foreign Relations Committee a small minority of U.S. senators for one ing fortune, a former dean of the University last fall. Now he deserves a vote in the full very obvious and silly reason: He is gay, and of Chicago Law School, he has given leader- Senate. Those senators who don’t believe a they don’t like gay people. ship and money to causes that range from gay person should represent the United It’s a situation rich in irony. Most of those the San Francisco Symphony to Swarthmore States overseas would be able to vote no. opposing Hormel have no doubt cited the College and the Human Rights Campaign, Those who believe the United States should ‘‘special rights’’ argument in the past, deny- the main political lobby for homosexual welcome to public service its most qualified ing that gay Americans need protection. rights. citizens regardless of race, religion, gender, Now here they are, in a very public setting, Mr. Hormel is gay, but that is not an issue ethnic background or sexual orientation, committing a form of discrimination that in Luxembourg. As Alphonse Berns, would be able to vote yes. We believe a ma- supposedly does not exist. Luxembourg’s Ambassador to the United jority of the Senate inclines toward the lat- For that reason, the Hormel nomination States, said on Friday, ‘‘We would welcome ter view. As Republican Sen. Orrin Hatch already has served a great public benefit. It Mr. Hormel.’’ But for months, Senators said in support of Mr. Hormel’s nomination, has stripped away the code phrases and the James Inhofe of Oklahoma, Tim Hutchinson ‘‘I just don’t believe in prejudice against any weasel words that certain politicians have of Arkansas and Robert Smith of New Hamp- individual, regardless.’’ used to communicate their message of hate shire have been blocking a vote on the nomi- to one crowd while maintaining the pretense nation, making dark suggestions about Mr. [From the Arkansas Democrat-Gazette] of tolerance for others. It has ripped away Hormel’s gay-rights ‘‘agenda,’’ as if he might STRANGE DIPLOMACY—SENATOR HUTCHINSON, the mask exposing the hate that has always somehow seek to lead the moral standards of MEET MR. HORMEL hidden behind that term ‘‘special rights.’’ Luxembourg array. Any day now Tim Hutchinson is to meet Here is a good man, a person of great ac- Discrimination against people on the basis with James Hormel. Mr. Hutchinson, you complishment and civic contributions, de- of their sexual orientation is outlawed in may have noticed, is the junior senator from nied the chance to represent his country Luxembourg and in all the other countries in Arkansas, and Mr. Hormel is the ambas- simply because he is gay. And the wellspring the European Union. It is illegal in San sador-designate to Luxembourg whose ap- of that bias and hate, the agency denying Francisco, where Mr. Hormel lives, and in pointment Senator Hutchinson has been him a job because of his sexual orientation, Washington—except in such place as Con- holding up. is the U.S. Senate. gress, where the Republican leadership has We thought better of Tim Hutchinson. It’s That is shameful. made a fetish of it lately. one thing to block an ambassadorial nomina- No American should be denied the oppor- Last week, Trent Lott, the Senate major- tion when policy is the issue. That’s what tunity to contribute to his country, or more ity leader, who has refused to bring the Jesse Helms did when William Weld, then fundamentally, to simply earn a living, be- Hormel nomination up for a vote, said in a governor of Massachusetts, was nominated S12588 CONGRESSIONAL RECORD — SENATE October 14, 1998

as ambassador to Mexico. The irrepressible Kleptomaniacs! The Hormel nomination SAN FRANCISCO, CA, February 6, 1998. senator from North Carolina reasoned that has brought anti-gay sentiment among GOP Senator TRENT LOTT, the drug trade was going to be a major issue leaders out of the closet—and it is an ugly U.S. Capitol, between the United States and Mexico, and sight. Recent comments by Lott, Foreign Washington, DC. that made Mr. Weld’s position on legalizing Relations Chairman Jesse Helms (‘‘it’s sick- DEAR TRENT: We are writing on behalf of marijuana fair game. ening’’) and Senate Whip Don Nickles (‘‘im- James Hormel, a candidate for the post of But now Senator Hutchinson has put ahold moral behavior’’) may appear unenlightened Ambassador to Luxembourg. We know him on the nomination of James Hormel—scion and ignorant, but politicians, like the rest of as a highly regarded individual in the City of of the Spam-making family—as ambassador us, are entitled to their bigotries. San Francisco. His community service and to Luxembourg. The senator says he’s con- Through their actions as lawmakers, how- philanthropy are extraordinary. He gives cerned about the ‘‘activism’’ of Mr. Hormel ever, politicians should not be entitled to time and personal effort as well as resources in pushing rights for homosexuals. impose such bigotries—or religious or moral to improve the quality of life in our commu- Funny, we don’t remember homosexuality convictions, if you prefer—about matters of nity. being a major issue between the United personal behavior on the rest of us. We recommend him to you because we be- States and Luxembourg. Nor does Luxem- In general, while Americans don’t approve lieve he would be a wonderful representative bourg seem to offer much of a platform for of homosexuality, they are very tolerant of for our country. We hope that his nomina- espousing any political agenda. Luxembourg it—and getting more so. For example, 52 per- tion can be brought to the floor of the Sen- is by all accounts a lovely country about the cent of respondents to a Gallup poll last year ate for a vote as soon as possible size of Rhode Island, and one not likely to be said homosexuality was ‘‘not an acceptable Sincerely, confused with a great power. alternative lifestyle’’—a figure essentially Tim Hutchinson says he plans to find out CHARLOTTE M. SHULTZ. unchanged from 1982. But 84 percent (up from GEORGE P. SHULTZ. more for himself about the nominee’s back- 59 percent 16 years ago) said homosexuals ground. When he does he’ll learn that James ‘‘should have equal rights in terms of job op- Hormel has many qualifications as rep- portunities.’’ Gallup says that ‘‘solid majori- D’AMATO URGES MAJORITY LEADER LOTT TO resentative of this country. ties’’ favor gays as elementary school teach- SCHEDULE VOTE ON NOMINATION OF JAMES * * * * * ers (up from 27 percent in 1977) and clergy HORMEL Not only all that, but James Hormel al- (up from 36 percent). WASHINGTON—U.S. Senator Alfonse M. ready has a diplomatic background of sorts: What’s truly disturbing about the Hormel D’Amato (R–NY) today called on Senate Ma- He was a delegate to the United Nations affair is that it shows how conservatives, jority Leader Trent Lott (R–MS) to permit Human Rights Commission’s meeting in Ge- who claim to favor a smaller, less intrusive an up or down vote on the nomination of neva in 1995, and he was an alternate in this government, can’t resist using it to impose James Hormel to serve as U.S. Ambassador country’s delegation to the UN General As- their own moral views on the public. to Luxembourg. Text of Senator D’Amato’s sembly this year. Frederich von Hayek, the Nobel Prize-win- letter follows: That last position required confirmation ning economist and a patron saint to many DEAR MAJORITY LEADER: I urge you to per- by the Senate. Mr. Hormel’s ‘‘activism’’ conservatives, identified this propensity in a mit an up or down vote on the nomination of wasn’t an issue for Senator Hutchinson when famous essay in 1960. ‘‘In general,’’ he wrote, Mr. James Hormel to serve as United States that vote came up. ‘‘it can probably be said that the conserv- Ambassador to Luxembourg. I support pro- When it comes down to it and ambassador- ative does not object to coercion or arbitrary ceeding to a vote for three basic reasons. ship to a small friendly country requires lit- power so long as it is used for what he re- tle more than an ability to throw good par- gards as right purposes. . . . Like the social- First, Mr. Hormel is a highly qualified ties. What’s our junior senator worried ist, he regards himself as entitled to force nominee. His academic, business, and com- about—that James Hormel will serve Spam the values he holds on other people.’’ munity service credentials are outstanding at diplomatic receptions? That he’ll re-deco- At a conference on homosexuality at and are easily equal to or greater than those rate the ambassador’s residence in lavender? Georgetown University, Bill Kristol, a con- of most ambassadorial nominees. I know of Come On, senator. Wake up and grow up. servative intellectual leader and editor of no statements or actions by Mr. Hormel that Senators have more realistic problems to the Weekly Standard, complained about ‘‘a make him unfit to represent our country in worry about. Or should have Senator denial of the public’s right to uphold moral this diplomatic post. Furthermore, he clear- Hutchinson’s objections to Mr. Hormel are standards.’’ But he, too, misses the key dis- ly understands that his own personal phi- enough to make that clunky, over-worked tinction: No one is denying the right of indi- losophies, whatever they may be, are not to word Homophobis all too relevant. viduals and groups to campaign against im- influence his ambassadorial duties. He is Orrin Hatch, the senator from Utah, said it morality as they see it. But public officials, completely committed to representing the plain when he urged his colleagues to lift in the discharge of their duties are some- policies of the United States government. Tim Hutchinson’s embarrassing hold on this thing else. Judgments about truly personal Second, simple fairness demands that the nomination. ‘‘We ought to vote on him,’’ behavior are not their province. Senate be allowed to vote on Mr. Hormel’s Senator Hatch said of the nominee, ‘‘and I Some of Hormel’s foes claim they are nomination. The Foreign Relations Commit- personally believe he would pass and he’d be- against him not because he’s gay but because tee overwhelmingly approved the nomina- come the next ambassador to Luxembourg. I he’s a vigorous proselytizer for gay causes. tion, and a majority of Senators are on just don’t believe in prejudice against any ‘‘He has promoted that lifestyle and pro- record supporting the nomination. Oppo- individual and, frankly, we have far too moted it in a big way, in a way that is very nents of the nominee should certainly have much of that.’’ to quote Orrin Hatch. ‘‘I get offensive,’’ said Nickles. their voices heard, but so too should support- tired of that kind of stuff.’’ So do we. But this is a meaningless distinction. Gays ers. And Mr. Hormel should also be given the are denied jobs because of their sexual ori- chance to defend himself. This can only hap- [From the Washington Post, July 7, 1998] entation. Why shouldn’t Hormel campaign to pen if the Senate is permitted to vote. A VOTE FOR HORMEL change that situation? Lott and Nickles Third, and most fundamentally, I fear that (By James K. Glassman) sound like a couple of 1950s southern seg- Mr. Hormel’s nomination is being obstructed Luxembourg is a nation of 400,000 souls in regationists: ‘‘It’s not that we’re against for one reason, and one reason only, the fact the middle of Europe. It’s smaller than Jack- nigras. It’s that we’re against them march- that he is gay. In this day and age, when peo- sonville, Fla., but it’s the focus of a big con- ing for their so-called rights.’’ ple ably serve our country in so many capac- troversy in Washington. Back in October, One reason the American system works so ities without regard to sexual orientation, President Clinton picked James C. Hormel of well is that, in Hayek’s words, ‘‘we agree to for the United States Senate to deny an ap- San Francisco, an investor and philan- tolerate much that we dislike.’’ It’s that pointment on that basis is simply wrong. thropist, to be U.S. ambassador to Luxem- agreement ‘‘that makes it possible to build a What’s more, on a personal level, I am em- bourg. The next month, he was approved by peaceful society with a minimum of force.’’ barrassed that our Republican Party, the the Senate Foreign Relations Committee, 16– When we abandon tolerance, the trouble Party of Lincoln, is seen to be the force be- 2. But it is unlikely that the ‘‘Spam heir,’’ as begins. It’s bad enough on college campuses, hind this injustice. the local newspapers call him, will ever be- where rules against ‘‘offensive speech’’ are I know that you join me in standing for the come our envoy to the Grand Duchy. used to stifle ideas unpopular to the left and, proposition that all people should be judged Trent Lott, the Senate Majority Leader, of course, to hypersensitive gays. But when on their ability to do the job. By that sole refuses to put the matter to a vote. Hormel it comes to government, which wields the standard, Mr. Hormel is well qualified to be is gay, and Lott considers homosexuality a power to tax and imprison, tolerance is an Ambassador to Luxembourg. I urge you to sin. In an interview on ‘‘The Armstrong Wil- absolute necessity. permit a Senate vote on the nomination, and liams Show,’’ Lott elaborated: ‘‘You should As far as our international relations are to join me in opposing those who would deny still love that person. You should not try to concerned, it makes no difference at all Mr. Hormel this position because of his sex- mistreat them or treat them as outcasts. whether Hormel becomes an ambassador. As ual orientation. You should try to show them a way to deal far as the preservation of our freedoms and Sincerely, with that problem, just like alcohol . . . or proper role of our government are concerned, ALFONSE M. D’AMATO, sex addiction . . . or kleptomaniacs.’’ it makes a big difference indeed. U.S. Senator. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12589 CATHOLIC CHARITIES, This provision is, in part, the result and House, Title 18 of the United San Francisco, CA, July 22, 1998. of discussions by the various interested States Code, Section 2252 and 2252A Hon. TRENT LOTT, parties. As a result of those discus- permitted prosecution for possession of U.S. Senate Majority Leader, U.S. Senate, sions, a number of modifications were child pornography only when it could Washington, DC. DEAR SENATOR LOTT: Please accept this made to the original package of lands be alleged that an individual possessed letter in my capacity as the Chief Executive offered for exchange. three or more pictures or images of Officer of Catholic Charities of the Arch- Mr. President, it is past time to move child pornography. When the original diocese of San Francisco and the immediate forward with this exchange. Senate substitute to H.R. 3494 was re- past President of Catholic Charities of Cali- Another section of this bill I wanted ported out of the Judiciary Committee, fornia. It has been alleged that James to comment on is a provision that was no agreement had been reached on Hormel, President Clinton’s nominee to be not included in the technical amend- amending the federal child pornog- Ambassador to Luxembourg, is anti-Catholic ments I introduced but that was added and anti-religious. I know the characteriza- raphy laws to prohibit the possession tions of Mr. Hormel are not true. I know per- in the House. of even one picture or image of child sonally that Mr. Hormel vigorously opposes Section 12 of this bill expressly au- pornography. discrimination in all forms including that of thorizes and confirms the original in- Thanks to the diligent efforts of Sen- religion. tent of ANCSA in 1971: that ANCSA ators LEAHY, DEWINE, and SESSIONS, we I urge you to allow Mr. Hormel’s nomina- corporations could provide health, edu- were able to reach agreement on that tion to come before the full Senate for he cation and welfare benefits for Alaska issue. The final bill makes it clear that would be an excellent representative for the Natives, including those persons who United States to the predominantly Catholic the United States has ‘‘Zero Toler- were their shareholders. ance’’ for the possession of any child country of Luxembourg. This provision is necessary because Sincerely, pornography. Unfortunately, Senators one recent Alaska Supreme Court case FRANK C. HUDSON, LEAHY, DEWINE, and SESSIONS were in- has concluded that an ANCSA corpora- Chief Executive Officer. advertently omitted from the list of tion had liability to its shareholders f cosponsors of Senate amendment 3812 under Alaska state law for a cash pay- to H.R. 3494, which incorporated that ALASKA NATIVE CLAIMS ment benefits program. The program at agreement. The RECORD should be cor- SETTLEMENT ACT AMENDMENTS issue in that case was limited to the rected to reflect their work on, and co- Mr. MURKOWSKI. I rise to speak in persons reached a certain age. Given sponsorship of, this important amend- support of the passage of H.R. 2000, a the narrowness of this program, it was ment. bill to amend the Alaska Native Claims not consistent with the intent of Settlement Act to make certain clari- ANCSA. Section 12 of this bill is not in- f fications to the land bank protection tended to alter the result in that case, MISPRINT OF THE STATEMENT OF provisions, and for other purposes, and or otherwise, with regard to that spe- MANAGERS OF S. 1260 I hope it will be sent on its way to the cific benefit program. Mr. SARBANES. Mr. President, I rise However, in reaching its decision President for his signature. to address a question to the chairman A measure similar to H.R. 2000 was under Alaska state law, the court used of the Banking Committee, Senator passed by the Senate Energy and Natu- language which suggests that any D’AMATO: it is my understanding that ral Resources Committee on September ANCSA corporate benefits program the joint explanatory statement of the 24, of last year. S. 967 contained the which does not provide equal pro rata committee of conference on S. 1260, as majority of the provisions in H.R. 2000. benefits to all shareholders simulta- One of the most important provisions neously is invalid. Such a conclusion printed by the Government Printing in H.R. 2000 is section 6 which imple- goes too far and is inconsistent with Office in Report 105–803, and as it ap- ments a land exchange with the Calista the intent behind ANCSA. peared in the CONGRESSIONAL RECORD Corporation, an Alaska Native regional Thus, section 12 of this bill is in- for Friday, October 9, 1998, contained corporation organized under the au- tended to make clear that in evaluat- an error and was incomplete. Is that thority of the Alaska Native Claims ing the legality of health, education the Senator’s understanding? Settlement Act. This exchange, origi- and welfare programs maintained by Mr. D’AMATO. Yes, my colleague nally authorized in 1991, by P.L. 102– ANCSA corporations, federal law from Maryland, the ranking Democrat 172, would provide for the United (ANCSA) is to preempt Alaska state on the Banking Committee is correct. States to acquire more than 200,000 law. Such programs have been estab- Due to a clerical error, the joint ex- acres of Calista and village corporation lished in good faith to provide health, planatory statement of the committee lands and interests in lands within the education and/or welfare benefits for of conference on S. 1260, was printed Yukon Delta National Wildlife Refuge the ANCSA corporations’ shareholders without the final page. This page con- in southwestern Alaska. or their family members. tained some essential explanatory in- The Refuge serves as an important To be valid under ANCSA, it is not formation regarding the 1995 Securities habitat and as a breeding and nesting necessary that benefits be provided on Litigation Reform Act regarding ground for a variety of fish and wild- an equal pro rata basis simultaneously scienter standards. Unfortunately, this life, including numerous species of mi- to all shareholders, or even that the same clerical error occurred in the ver- gratory birds and waterfowl. As a re- program recipients be shareholders as sion of the report language that ap- sult, the Calista exchange will enhance long as they are family members of peared in the House RECORD at H10270. the conservation and protection of shareholders. The official version of the joint explan- these vital habitats and thereby fur- Examples of the type of programs au- atory statement was filed in the Sen- ther the purpose of ANCSA and the thorized include: scholarships, cultural ate on October 9th and did contain the Alaska National Interest Lands Con- activities, shareholder employment op- page that was omitted by the GPO and servation Act. portunities and related financial assist- the CONGRESSIONAL RECORD for October In addition to conservation benefits, ance, funeral benefits, meals for the el- 9th. this exchange will also render much derly and other elders benefits includ- In order to clarify this situation, I needed economic benefit to the Yupik ing cash payments, and medical pro- ask for unanimous consent that the Eskimo people of southwestern Alaska. grams. text of the explanatory statement be The Calista region is burdened by some I believe these programs represent an reprinted in its entirety. of the harshest economic and social important part of the ANCSA corpora- Mr. SARBANES. Is it the further un- conditions in the Nation. As a result of tions, and I hope they will continue derstanding of the Chairman of the this exchange, the Calista Corporation long into the future. Banking Committee that page H10775 will be better able to make the kind of f of the CONGRESSIONAL RECORD for Octo- investments that will improve the re- ber 13, 1998 contains a printing error? gion’s economy and the lives of the REVISION OF RECORD Mr. D’AMATO. The Senator from Yupik people. In this regard, this pro- CONCERNING AMENDMENT NO. 3812 Maryland is correct. The Joint Explan- vision furthers and carries out the un- Mr. HATCH. Mr. President, prior to atory Statement of the committee of derlying purposes of ANCSA. the passage of H.R. 3494 by the Senate conference begins on page H10774 of the