January 22, 1997 CONGRESSIONAL RECORD — SENATE S617 The PRESIDING OFFICER. Are there tunda, will serve to remind future gen- a case pending in the United States any other Senators in the Chamber erations of his service to his State and District Court for the District of Co- who desire to vote? to his country. lumbia, and ask for its immediate con- The result was announced—yeas 99, Just 2 days after the Charleston, WV, sideration. nays 0, as follows: ceremony, ROBERT BYRD achieved an- Mr. President, on April 9, 1996, Presi- [Rollcall Vote No. 1 Ex.] other major distinction. On January 13, dent Clinton signed into law the Line YEAS—99 1997, he became the fourth longest serv- Item Veto Act. This act was the prod- Abraham Faircloth Lieberman ing U.S. Senator in the history of our uct of years of legislative consider- Akaka Feingold Lott republic, with a service record of 38 ation and much protracted debate. Allard Feinstein Lugar years and 10 days. Beginning January 1 of this year and Ashcroft Ford Mack Baucus Frist McCain Think of it, Mr. President. Of the through the year 2004, the Line Item Bennett Glenn McConnell 1,843 past and present senators, only Veto Act provides the President with Biden Gorton Mikulski three have served longer than ROBERT the authority, under a set of carefully Bingaman Graham Moseley-Braun YRD ENATOR circumscribed limitations, to cancel Bond Gramm Moynihan C. B . In another 3 years, S Boxer Grams Murkowski BYRD will exceed the 41-year service particular items of appropriation, di- Breaux Grassley Murray record of my immediate predecessor rect spending or limited tax benefit in Brownback Gregg Nickles from Mississippi, John C. Stennis. any bill. Bryan Hagel Reed The President must report any such Bumpers Harkin Reid After that, Senator BYRD’s only chal- Burns Hatch Robb lengers will be the current record hold- cancellation to Congress by special Byrd Helms Roberts er, Carl Hayden of Arizona—41 years message within 5 days after his ap- Campbell Hollings Roth proval of the bill containing such Chafee Hutchinson Santorum and 10 months, and the current second Cleland Hutchison Sarbanes longest serving member, our highly re- spending or tax provisions. Congress Coats Inhofe Sessions garded colleague from South Carolina, then has the opportunity to decide Cochran Inouye Shelby STROM THURMOND. whether to pass a law disapproving the Collins Jeffords Smith Bob President’s cancellation and man- Conrad Johnson Smith Gordon H I shall have more to say about Sen- Coverdell Kempthorne Snowe ator THURMOND in May of this year, dating the spending or tax benefit. Craig Kennedy Specter when he breaks Senator Hayden’s As I have stated, this Act was passed D’Amato Kerrey Stevens record. after much consideration and debate Daschle Kerry Thomas DeWine Kohl Thompson Each of us in this body, from the understanding the potential Constitu- Dodd Kyl Thurmond most junior to the most seasoned, tional implications. In the end, Con- Domenici Landrieu Torricelli would do well to pay close attention to gress determined to empower the Presi- Dorgan Lautenberg Warner dent in this manner in recognition of Durbin Leahy Wellstone ROBERT C. BYRD—a man of great his- Enzi Levin Wyden torical knowledge. When ROBERT C. the fact that strong tools are necessary if we are to achieve our goal of finally NOT VOTING—1 BYRD speaks about the role of the Sen- ate in American Government, he de- getting the Federal budget in balance. Rockefeller serves our most careful attention. Mr. President, the distinguished Sen- The nomination was confirmed. On behalf of all Senators, I commend ator from West Virginia, Mr. BYRD, and Mr. HELMS. I move to reconsider the Senator BYRD for his long service to three other of our colleagues, the vote. our country. former senior Senator from Oregon, Mr. BIDEN. I move to lay that mo- (Applause, Senators rising.) Mr. Hatfield, the senior Senator from tion on the table. f Michigan, Mr. LEVIN, and the senior The motion to lay on the table was Senator from New York, Mr. MOY- agreed to. ORDER OF PROCEDURE NIHAN, joined by two Members of the f Mr. LOTT. Mr. President, momen- House of Representatives, have filed an LEGISLATIVE SESSION tarily, we hope to propound a unani- action in the United States District The PRESIDING OFFICER. Under mous-consent agreement about the Court for the District of Columbia the previous order, the Senate will re- time and how we will handle the nomi- challenging the constitutionality of sume legislative session. nation of our colleague, former Senator the act. They assert in their lawsuit The Chair suggests the absence of a Bill Cohen. We are working on the final that the act violates the lawmaking quorum. The clerk will call the roll. preparation and notification on that, provisions of article I of the Constitu- The assistant legislative clerk pro- and then we will ask for an agreement tion by authorizing the President to ceeded to call the roll. at that time. nullify the effect of portions of re- Mr. LOTT. Mr. President, I ask unan- f cently enacted laws. imous consent that the order for the The lawsuit at issue was commenced AUTHORIZING SENATE LEGAL pursuant to a special judicial review quorum call be rescinded. COUNSEL REPRESENTATION The PRESIDING OFFICER. Without provision, section 3 of the act, author- objection, it is so ordered. Mr. LOTT. Mr. President, I ask unan- izing the filing of an action by any imous consent that the Senate proceed f Member of Congress to seek declara- to the immediate consideration of Sen- tory or injunctive relief on the ground ANOTHER RECORD FOR ROBERT C. ate Resolution 21, submitted earlier that the act violates the Constitution. BYRD today by myself and Senator DASCHLE. This judicial review provision also Mr. LOTT. Mr. President, so far, Jan- The PRESIDING OFFICER. Without gives each House of Congress the right uary has been quite a month for our objection, it is so ordered. to intervene in the suit in defense of highly esteemed colleague, the senior The clerk will report. the act. Further, the law provides for Senator from West Virginia. On Janu- The legislative clerk read as follows: direct appeal from any decision of the ary 8, Senator ROBERT C. BYRD ob- A resolution (S. Res. 21) to direct the Sen- district court to the Supreme Court served the 50th anniversary of the day ate legal counsel to appear as amicus curiae and requires both courts to expedite he entered public service as a member in the name of the Senate in Sen. Robert C. their handling of the action. of the West Virginia House of Dele- BYRD, et al. v. Franklin D. Raines, et al. The Department of Justice will rep- gates. The PRESIDING OFFICER. Is there resent the defendants in the lawsuit, To commemorate this significant objection to the immediate consider- namely the Director of the Office of event, Senator BYRD returned to the ation of the resolution? Management and Budget and the Sec- West Virginia State capitol on January There being no objection, the Senate retary of the Treasury. As such, there 11 to join hundreds of grateful West proceeded to consider the resolution. appears to be no need for the Senate to Virginians and other friends in the un- Mr. LOTT. Mr. President, the resolu- intervene formally in the suit as a veiling of a bronze statue. tion directs the Senate legal counsel to party defendant. This likeness of Senator BYRD, appear as amicus curiae, as friend of Nonetheless, title VII of the Ethics in prominently placed in the capitol’s ro- the court, in the name of the Senate in Government Act authorizes the Senate

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