Don Nickles

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent that there now be a period for the transaction of morning business with Senators permitted to speak for up to 5 minutes each.

Mr. NICKLES

Mr. NICKLES. Mr. President, I further ask unanimous consent that the Senate stand in recess between the hours of 12:30 and 2:15 p.m. for the weekly party caucuses to meet.

Mr. NICKLES

Mr. NICKLES. Mr. President, as in executive session, I ask unanimous consent that the injunction of secrecy be removed from the following treaty transmitted to the Senate on April 7, 1997, by the President of the United States: International Grains Agreement, 1995, Treaty Document No. 105-4. I further ask unanimous consent that the treaty be considered as having been read the first time; that it be referred, with accompanying papers, to the Committee on Foreign Relations and ordered to be printed; and that the President's message be printed in the Record.

Mr. NICKLES

Mr. NICKLES. Mr. President, for the information of all Senators, tomorrow, following the party conferences, the Senate will resume consideration of the motion to proceed to S. 104, the Nuclear Policy Act. By previous consent, a cloture vote on the motion to proceed to S. 104 will occur at 5:15 p.m., Tuesday afternoon. In addition, the time between 2:15 and 5:15 has been set aside for debate on the motion, with time equally divided between the proponents and opponents of the legislation.

Mr. NICKLES

Mr. NICKLES. Mr. President, if there is no further business to come before the Senate, I now ask unanimous consent the Senate stand in adjournment under the previous order.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent on behalf of the Governmental Affairs Committee to meet on Monday, April 7, at 2 p.m. for a nomination hearing on James B. King, to be Director, Office of Personnel Management.

Mr. NICKLES

Mr. NICKLES. Mr. President, as in executive session, I ask unanimous consent that the injunction of secrecy be removed from the following treaty transmitted to the Senate on April 7, 1997, by the President of the United States: The Flank Document Agreement to the CFE Treaty, Treaty Document No. 105-5. I further ask unanimous consent that the treaty be considered as having been read for the first time; that it be referred, with accompanying papers, to the Committee on Foreign Relations and ordered to be printed; and that the President's message be printed in the Record.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. NICKLES

Mr. NICKLES. Mr. President, I send a second cloture motion to the desk on the pending motion to proceed.

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Virginia [Mr. Warner] is necessarily absent.

Mr. NICKLES

Mr. NICKLES. Mr. President, I rise today to introduce the HIV Prevention Act of 1997. This legislation appropriately refocuses public health efforts on HIV prevention by using proven public health techniques designed for communicable diseases. The public health initiatives in this bill, which result in early detection of HIV infection, are now more important than ever in light of the tremendous advances that medical science has made. This bill will balance the needs of HIV-infected patients with the prevention needs of those who are uninfected. The HIV Prevention Act of 1997 establishes a confidential, national HIV reporting effort as already exists for end stage HIV and AIDS; requires partner notification; mandates testing for indicted sexual offenders; protects health care patients and professionals from inadvertent exposure to HIV; provides access to insurance-required HIV test results; and allows adoptive parents to learn the HIV status of a child. In addition, this legislation includes Sense of the Senate language which expresses that the States should criminalize the intentional transmission of HIV; and also expresses the Sense of the Senate that strict confidentiality must be observed at all times in carrying out all of the provisions of the act. The Senate is on record supporting the provisions of this bill in a 1990 amendment which was adopted by voice vote. The primary sponsors of the amendment were Senators Kennedy and Mikulski. During debate on the amendment, Senator Kennedy argued, ``In a case in which there is a clear and present danger, there is a duty to warn.'' That is the purpose of the HIV Prevention Act of 1997. The best ways to warn for the prevention of further spread of HIV and AIDS are reporting and partner notification, methods which are currently in use and proven to be effective. This bill has received overwhelming support from groups including the Independent Women's Forum, Americans for a Sound AIDS/HIV Policy, the Family Research Council, Women Against Violence, the Christian Coalition, and the American Medical Association. I quote from a letter written by the AMA in support of this legislation: ``These public health initiatives which result in early detection of HIV infection are now more important because of the tremendous advances that medical science has made. Early intervention combined with effective treatments will enable those with HIV and AIDS to live longer, healthier lives.'' The HIV Prevention Act adds HIV to 52 other notifiable contagious diseases such as gonorrhea, hepatitis A, B, and C, syphilis, tuberculosis, and AIDS that must be reported to the Centers for Disease Control. In terms of partner notification, 26 states, including, I might add, Oklahoma, already require notification. It is time that these policies that are already in practice in some states are applied around the country in order to track and prevent further spread of HIV. Mr. President, this legislation will greatly increase public health HIV prevention efforts that until now have focused only on AIDS. The HIV Prevention Act of 1997 is a sensible, common sense approach toward containing the spread of AIDS. By using proven, public health techniques and sound medical practices, this bill will curtail the spread of HIV. I thank the chair and encourage my colleagues to support this commonsense legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. NICKLES

Mr. NICKLES. Mr. President, I object.

Mr. NICKLES. Did you conclude, I ask my colleague from Illinois?

Mr. NICKLES. I will just make a couple brief comments concerning campaign finance. One, I share some of the concerns of my colleague from Illinois. I will be happy to work with him. I did object to the resolution saying we wanted to have it done by May 31 or July 4. But I am committed to making campaign reform. And I will work with my colleague and friend from Illinois and others to try and see if we cannot come up with a bipartisan package that would do just that. It may not include everything that everybody has been talking about, but it will be constitutional, and, hopefully, may be passable through both Houses. It may not include everything. We may have to pass a couple pieces of legislation before we are done. But I have been charged with the responsibility on this side to try to put together a package that is saleable. I will work with my colleague and friend from Illinois to try to make that happen.

Mr. NICKLES. I will be happy to.

Mr. NICKLES

Mr. NICKLES. Mr. President, I wish to thank my colleague and friend, Senator Leahy, for his cooperation in bringing this bill to the floor. As I mentioned, the House passed this bill yesterday. It was by a vote of 418 to 9. I also want to thank my colleagues, Senator Hatch, Senator Inhofe-- who is an original cosponsor of this legislation with me--Senator Grassley and Senator Kennedy and their staffs for working together with our staff to make this bill possible. And I want to thank the bipartisan and bicameral cooperation that we have had because we have negotiated with the House, came up with similar legislation to correct, I think, a mistake, a problem. Mr. President, we introduce this legislation on behalf of the victims of the Oklahoma City bombing and other victims of crime. This legislation will clarify the rights of victims to attend and observe the trial of the accused and also testify at the sentencing hearing. The Victim Rights Clarification Act is necessary because a Federal judge interpreted his sequestration power as authorizing the exclusion of victims of crime from trial who will only be witnesses at sentencing. The district judge presiding over the Oklahoma City bombing case basically gave the victims and their families two choices. They could attend the trial and witness the trial--or in this case we have closed-circuit TV for the families, since the trial is actually in Denver and many of the families are in Oklahoma City. So they have closed-circuit TV. They have two options: They can view the trial in Denver or in Oklahoma City, or they could participate in the sentencing phase of the trial. Most of the families of the victims wanted to do both--or many wanted to do both. They should not have had to make that decision. This legislation will clarify that. Such rulings as the judge made extend sequestration far beyond what Congress has intended. The accused has no legitimate basis for excluding a victim who will not testify during the trial. Congress thought it already adopted a provision precluding such sequestration in the victims' bill of rights. This bill clarifies the preexisting law so it is indisputable that district courts cannot deny victims and surviving family members the opportunity to watch the trial merely because they will provide information during the sentencing phase of the proceedings. This bill also applies to all pending cases and in no way singles out a case for unique or special treatment. Rather, a serious problem has come to light and Congress has responded by clarifying the applicable Federal law across the country from this day forward. The U.S. Supreme Court has specifically upheld the power of Congress to make ``changes in law'' that apply even in pending cases. In Robertson versus Seattle Audubon Society, a unanimous court explained that Congress can ``modify the provisions at issue'' in pending and other cases. This bill makes it clear that Federal crime victims will not be denied the chance to watch the court proceedings simply because they wish to be heard at sentencing. This bill will be enforced through normal legal channels. Federal district courts will make the initial determination of the applicability of the law. In disputed cases, the courts will hear from the Department of Justice, counsel for the affected victims, and counsel for the accused. If the district court persists in denying a victim the right to observe a trial in violation of the law, both the Department of Justice and the victims can seek appellate review through the appropriate pleadings. Once again, Mr. President, this is an important piece of bipartisan legislation that will clarify the intent of Congress with respect to a victim's right to attend and observe a trial and testify at sentencing. I very much appreciate the support of my colleagues in both the Senate and the House who have made this bill possible today. I am very grateful for their assistance. I know that I am speaking on behalf of hundreds of victims and the families in Oklahoma City, that they are grateful for this legislation, and a special thank you to my colleagues, Senator Inhofe and Senator Leahy and Senator Kennedy and Senator Hatch, for making this bill possible. I yield the floor. Mr. LEAHY addressed the Chair.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent that the Subcommittee on Acquisition and Technology of the Committee on Armed Services be authorized to meet at 10 a.m. on Wednesday, March 19, 1997, in open session, to review the status of acquisition reform in the Department of Defense.

Mr. NICKLES. Mr. President, I ask unanimous consent that the Communications Subcommittee of the Senate Committee on Commerce, Science, and Transportation be authorized to meet on March 19, 1997, at 9:30 a.m. on universal service.

Mr. NICKLES. Mr. President, I ask unanimous consent that the Subcommittee on Readiness of the Committee on Armed Services be authorized to meet on Wednesday, March 19, 1997, at 2 p.m. in open session, to receive testimony on the President's budget request for the operation and maintenance, spare parts, and ammunition accounts for fiscal year 1998.

Mr. NICKLES. Mr. President, I ask unanimous consent that the Subcommittee on Seapower of the Committee on Armed Services be authorized to meet at 2 p.m. on Wednesday, March 19, 1997, in open session, to receive testimony in review of the Defense authorization request for fiscal year 1998 and the future years defense program.

Mr. NICKLES. Mr. President. I ask unanimous consent that the Subcommittee on Transportation and Infrastructure be granted permission to conduct a hearing Wednesday, March 19, 9:30 a.m., hearing room (SD- 406), on the Intermodal Surface Transportation Efficiency Act [ISTEA] and environmental programs and statewide and metropolitan planning.

Mr. NICKLES. Mr. President, the Finance Committee requests unanimous consent to conduct a hearing on Wednesday, March 19, 1997, beginning at 10 a.m. in room 215 Dirksen.

Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate Committee on Commerce, Science, and Transportation be authorized to meet on March 19, 1997, at 2 p.m. on PRO-CODE (S. 377).

Mr. NICKLES. The Committee on Veterans' Affairs would like to request unanimous consent to hold a joint hearing with the House Committee on Veterans' Affairs to receive the legislative presentation of the Disabled American Veterans. The hearing will be held on March 19, 1997, at 9:30 a.m., in room 345 of the Cannon House Office Building.

Mr. NICKLES. Mr. President, I ask unanimous consent that the Committee on Labor and Human Resources be authorized to meet for a hearing on Food and Drug Administration reform, during the session of the Senate on Wednesday, March 19, 1997, at 9:30 a.m.