Samuel Nunn

Mr. NUNN

Mr. NUNN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 4428 (Purpose: To prohibit the distribution of information relating to explosive materials for a criminal purpose)

Mr. NUNN. Mr. President, I send an amendment to the desk on behalf of Senator Feinstein and ask for its immediate consideration.

Mr. NUNN. Mr. President, I urge approval of the amendment.

Mr. NUNN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 4426 (Purpose: To require the Secretary of the Navy to establish a National Coastal Data Center on each coast of the continental United States)

Mr. NUNN

Mr. NUNN. Mr. President, this amendment has been agreed to. I urge its passage.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. NUNN. Mr. President, on behalf of Senator Harkin, I ask unanimous consent amendment No. 4177 offered by Senator Harkin, as modified, and previously adopted, be further modified by the language in the amendment I am sending to the desk.

Mr. NUNN. I urge the adoption of the amendment.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. NUNN. Mr. President, this is the seventh day of debate on S. 1745. We have been on and off this bill. There have been interruptions. But for the last 2 or 3 days, we have been on it most of the time. I would like to acquaint our colleagues, as everybody I know is prepared to try to leave town today, as to where we are on this bill. We have had 6 days of debate, with total time of debate 55 hours 10 minutes. We have disposed of 111 amendments as follows: 91 were adopted by voice vote; 5 were adopted by rollcall vote; 1 was defeated by voice vote; 3 were defeated by rollcall vote; 5 were tabled by rollcall votes; 6 were withdrawn; 2 failed to be tabled by rollcall vote. There have been a total of 15 rollcall votes, including the cloture vote on June 26. Of the amendments, 63 were offered by people who were not on the Armed Services Committee; I believe 32 Democratic amendments, 31 Republican amendments. Armed Services Committee members: 20 Democratic amendments, 28 Republican amendments. We really have had a balanced kind of approach to this, including balanced amendments and bipartisan amendments that were relevant to this bill. That is about balanced, too. I have not tried to keep score, but when we have amendments that have nothing to do with the jurisdiction of this bill or when we have things poured over on this bill that have no bearing, as we do right now at the moment, we get delayed and it is very hard to finish this bill. Starting about 10 o'clock, everybody will be walking in demanding to know when we are going to finish this bill and when they can catch a plane. If they are really interested in doing that, then what they should do is--right now on our side, we have an amendment by Senator Conrad, an amendment by Senator Daschle, an amendment by Senator Feingold, an amendment by Senator Feinstein, two amendments by Senator Ford. Senator Harkin has one; Senator Johnston has two; Senator Lautenberg has one; Senator Levin has three; Senator Conrad has one. These are all amendments that are not worked out and appear to either have to be substantially altered or they will require rollcall votes and debate. We have two unanimous-consent requests which we are going to be posing in a little while. If those two consent agreements go through, then we have a chance of finishing this bill at a reasonable hour today. If they do not go through, no chance--no chance. In addition, though, if those two unanimous-consent agreements go through, we are going to have to have time agreements on these amendments. I believe there are probably three or four amendments on the Republican side of the aisle. We are going to have to have time agreements on them. The time agreements are going to have to be short, and by short, I mean 20 minutes each equally divided. If we do not, then there is not going to be any way to go home this afternoon. The majority leader will make that determination, not me. The floor managers will have recommendations to the majority leader and the minority leader, but they will make the decision. The majority leader has said over and over and over again he intends to finish this bill. I believe it, and I think that is the appropriate course. If we come back here with this bill hanging out there for the next 10 days, based on my experience, we will have an average of 40 new amendments a day that staff will be dreaming up, unless we send all the staff on vacation, which might be a good idea, because 40 amendments a day times 7 or 8 days, we will have somewhere around 300 more amendments to this bill. It will just grow and grow and grow. It is easy. We can easily spend the rest of this session on this bill. It would not be difficult at all. We can just say we will have all the amendments come on the armed services bill. We will take them all to conference. The Speaker will appoint the whole House of Representatives to the conference. We cannot get 435 people in the room, but here we go, because so many amendments do not have anything to do with this bill. When we get to conference, our conferees on the House side and Senate side cannot make decisions that relate to the Judiciary Committee or others. When people continue to put amendments that are not relevant on this bill, that is what happens, and we simply will not be able to get it done. If we do not get this bill passed, we will have a hard time passing the appropriations bill on Defense, and everybody knows we must pass these two bills. It is my hope, No. 1, that we can clear this immediate problem we have with the Senator from New Jersey and that we can move forward to get all these cleared amendments done by 9:30; otherwise, we are going to eat into time on the other side of the cloture vote. I have to tell everyone that, if we do not clear these amendments by 9:30, any of them that are not only not relevant, but not germane--and that is a very technical term; a lot of them are not germane to this bill--they will be ruled out if cloture is invoked. So if cloture is invoked, we will have a lot of people who thought they had amendments worked out or who are getting them worked out, who will not be able to get them passed. That is another consideration. It is my hope, No. 1, that the Senator from New Jersey and the Senator from Texas will have a conversation and we can get that matter ironed out and moved forward and clear these amendments in the next 20 minutes; No. 2, that we can get these two unanimous-consent agreements entered into as soon as the leadership is prepared to propose them; and, No. 3, that we can get this list of amendments and get a time agreement on every one of them. The time agreements are going to have to be anywhere from 10 minutes to 20 minutes; otherwise, I hope no one will walk in at around 11 o'clock and say, ``Can I catch my 11:30 plane?" because it will be beyond the ability of the managers of this bill to make that happen. Mr. President, I thank the Senator from New Jersey for permitting me to make those remarks.

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

Mr. NUNN. Mr. President, I am not calling an amendment up here, for the information of my friend from New Jersey. I just want to make it clear, Mr. President, we are voting on a cloture motion at 9:30. There is nothing I would rather do than invoke cloture, but I do not think we can do it at this stage, in fairness to our colleagues on both sides of the aisle. I will vote against cloture for that reason. No. 1, we do not have unanimous-consent agreements, that are very important, that relate to things beyond this bill, that relate to the whole ballistic missile debate, which we hope to have. We hope to lay down three different proposals on ballistic missile defense, including the Dole-Gingrich proposal, the Clinton administration proposal, and the proposal I will have. We think we are on the verge of working that out. We have also a couple provisions in this bill that, unless they are changed, this bill is very likely to be a veto candidate. All of us who want to see this enacted into law would like to see those changes so we do not go into the House conference with two provisions that are identical to the House provisions, which means that they would not have the flexibility of changing them, which means the administration is likely to veto any bill coming out. So changing those two amendments relating to missile defense and the ABM Treaty is also important. So without those unanimous consents we cannot do that. If we vote cloture, we are not likely to get the unanimous consents. In addition, we have 27 amendments that have been cleared on both sides. We had hoped to have all these done this morning, but they are not done because we have not been able to get them done. So everyone should know and be warned that if cloture were to be invoked, these amendments, I am informed, would not be germane, would not be in order, and could not be agreed to. We have an amendment by Senator McCain on Bosnia that we do not believe is germane; we have an amendment by Senator Exon on the Lincoln Airport we do not believe is germane; Senator Robb has an amendment on budget request displays we do not think is germane; Senator Sarbanes has an amendment that is on the Forest Glen Annex we do not believe is germane; Senator Bingaman has an amendment on the White Sands land exchange which is not germane. All of them are relevant to the defense bill, relate to defense, but they do not meet the technical definition of germaneness, which is very narrow, as Bob Dove, the Parliamentarian, knows, and the occupant of the chair from Georgia knows. We have an amendment by Mr. Smith which is not germane; we have an amendment by Mr. Johnston which is not germane; worked out, we can accept it, but it cannot be done if cloture is invoked. We have one by Mr. Domenici which is not germane, another one by Mr. Domenici not germane. Mr. Heflin has an amendment that is not germane; Mr. Lott, Mr. Exon, Mr. Glenn, Mr. Thurmond, Mr. Cohen, Mr. Levin, Mr. Stevens, Mr. Domenici another one, Mr. Chafee, Mr. Smith, Mr. Robb, Mr. Levin, Mr. Smith, Mr. Glenn, Mr. Chafee, and Mr. Thurmond. We do not believe these are germane. There may be one or two of them we have on this list that are. But 95 percent of them are not. I want to inform our colleagues on both sides, if the cloture vote is passed, none of these amendments will be able to go on this bill. I do not have a problem myself, but I do think a lot of our colleagues will have a problem. I hope that cloture is not invoked. It is also my hope, though, that we are going to be able to get this list down and people are going to drop amendments and that we are going to break this impasse between the Senator from New Jersey and the Senator from Texas. I hope that can be done and that we can move this bill forward. It is also my view that a lot of these amendments, even those that look like they are going to take rollcall votes, are likely to disappear as the planes start flying out this afternoon. But if we do not get these unanimous consent requests, we are going to be here a long time, according to the majority leader, and we are going to be here tonight. So everyone should be on notice of that. Mr. President, I yield the floor. Mr. LAUTENBERG addressed the Chair.

Mr. NUNN. I thank the Senator from Arizona for working this out. That was a big roadblock. I appreciate his diligence in doing that.

Mr. NUNN

Mr. NUNN. I move to table the motion. The motion to lay on the table was agreed to. Amendment No. 4390 (Purpose: To state the sense of Congress regarding the authorization of appropriation and appropriation of funds for military equipment and not identified in a budget request of the Department of Defense and for certain military construction)

Mr. NUNN. Mr. President, I have an amendment on behalf of Senator Robb.

Mr. NUNN. This is not the amendment, I believe, that we have problems with. This amendment would state that it is the sense of the Congress that the defense authorization appropriations bills should rely primarily on the budget request. I am told this is not cleared. I withdraw the amendment.

Mr. NUNN. On behalf of Senator Sarbanes, I offer an amendment to require a plan for basic repairs and stabilization measures for the historic district of the Forest Glen Annex of Walter Reed Army Medical Center, MD. I believe this amendment has been cleared on the other side.

Mr. NUNN. I move to reconsider the vote. Mr. McCain. I move to table the motion. The motion to lay on the table was agreed to. Amendment No. 4392 (Purpose: To modify the boundaries of the White Sands National Monument and the White Sands Missile Range, New Mexico, and to modify the boundary of the Bandelier National Monument, New Mexico)

Mr. NUNN. On behalf of Senator Bingaman, I offer an amendment authorizing the Secretaries of the Interior and the Army to exchange administrative jurisdiction of the White Sands National Monument and the White Sands Missile Range in New Mexico for purposes of creating easily identifiable and manageable boundaries. I believe the amendment has been cleared.

Mr. NUNN. I move to table the motion. The motion to lay on the table was agreed to. Amendment No. 4393 (Purpose: To prohibit the use of prior fiscal year funds for development and procurement of the Pulse Doppler Upgrade modification to the AN/SPS-48E radar system)

Mr. NUNN. I move to reconsider the vote.

Mr. NUNN. Mr. President, I move to reconsider the vote.

Mr. NUNN. Mr. President, it has been. I urge its adoption.

Mr. NUNN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 4404 (Purpose: To authorize $10,000,000 for the construction, Phase I, of a national range control center, White Sands Missile Range, New Mexico)

Mr. NUNN

Mr. NUNN. Mr. President, I rise today in tribute to Judge Elbert P. Tuttle, Sr., who died in Atlanta this week at the age of 98. He was an extraordinary man who served his Nation in many important capacities, but whose service was best characterized by two words: wisdom and courage. Judge Tuttle was born on July 17, 1897, in Pasadena, CA. He lived in California and Washington, DC, before he and his family moved to Hawaii in 1906. He graduated from Punahou Academy in 1914, and he then attended college at Cornell University. Judge Tuttle received his bachelor of arts degree in 1918. Following service in World War I as a second lieutenant in the U.S. Army Air Corps, he returned to Cornell and received his law degree in 1923. In 1923, Judge Tuttle moved to Atlanta and established, along with his brother-in-law, William Sutherland, a tax practice. With but one notable exception, he continued this law practice for the next 30 years. The exception, however, is very notable. Judge Tuttle resumed his active duty military career during World War II. He served as commander of the 304th Field Artillery, 77th Infantry Division and saw action in Guam, Okinawa, Leyte, and Ryukyu. He was decorated for bravery under fire, and was awarded several medals for his actions, including the Purple Heart with Oak Leaf Cluster and the Bronze Star. After the end of World War II, Judge Tuttle rose to the rank of brigadier general in the U.S. Army Reserve before his retirement. In recognition for his long service to our Nation, President Carter awarded Judge Tuttle with a Medal of Freedom in 1981. During his 30 years of private practice, I believe there are two events which demonstrate Judge Tuttle's character and his commitment to preserving the rights of all Americans. The first event occurred in 1931. One night Judge Tuttle, than a major in the Georgia National Guard, received a call from the Georgia adjutant general about a ``near riot'' in Elbert County, GA. A mob had formed intent on lynching two black men in custody for allegedly raping a white woman. Through the use of tear gas, the threat of machine guns, and the deployment of Georgia National Guardsmen with bayonets drawn, Major Tuttle was able to escort safely the two prisoners away from the scene and defuse the situation--all without serious injury to anyone involved. Judge Tuttle later represented one of the prisoners on appeal in a case before the Supreme Court. He successfully argued that the defendants were denied due process since they had been convicted by a jury unfairly influenced by a mob. Although the defendants later lost on retrial, Judge Tuttle's efforts established an important foundation for the rights of blacks in our courts. The second action concerned a case involving a marine accused of counterfeiting. Judge Tuttle filed an appeal that resulted in the Supreme Court ruling that an indigent accused of a Federal felony is entitled to legal representation. More than a quarter century later, Supreme Court rulings affirmed these same rights to defendants in State courts. Mr. President, by this time, Judge Tuttle's career was a storied one. He had helped found a law firm, which is now one of the most prestigious in the country. His actions in the courtroom reaffirmed precious constitutional notions of due process and equal protection. He was a devoted husband, father and community leader. Even to the dismay of some of my Democratic forefathers, he found time to breathe new life into the two party system in Georgia. However, these accomplishments were just the beginning of his career. In 1953, Judge Tuttle was selected by President Eisenhower as the general counsel for the Department of the Treasury. In 1954, President Eisenhower appointed Elbert Tuttle to the Fifth Circuit U.S. Court of Appeals. The ``historic Fifth'' then had jurisdiction over the Federal courts in Florida, Georgia, Alabama, Mississippi, Louisiana, Texas, and the Panama Canal Zone. Judge Tuttle became chief justice of this court in 1961, a position he held until 1967 when at age 70 he was required to take senior status. Judge Tuttle continued his active work for the court almost another 30 years. It was on this bench that Judge Tuttle left his mark throughout the modern South. During his tenure, the court was itself at the forefront of the civil rights movement. Under his leadership as chief justice, Judge Tuttle's decisions and opinions had a significant impact on ending racial discrimination in voting, jury selection, equal access to public facilities and education. He issued decisions that resulted in the desegregation of Southern universities and the improvement of education at all levels in the South. The ``Tuttle court'' was in many ways a beacon to the various State and Federal courts involved in decisions effecting civil and individual rights. In a commencement address at Emory University, Judge Tuttle noted: * * * Like love, talent is only useful in its expenditure, and it is never exhausted. Certain it is that man must eat; so set what you must on your service. But never confuse the performance, which is great, with the compensation, be it money, power, or fame, which is trivial. The job is there, you will see it, and your strength is such, as you graduate from Emory, that you need not consider what the task will cost you. It is not enough that you do your duty. The richness of life lies in the performance which is above and beyond the call of duty. Mr. President, I, and the many others whose lives he touched, know that Judge Tuttle answered and exceeded the frequent calls of duty. He led a rich life, and his impact on our lives will continue through the wisdom of his judicial decisions and opinions, as well as through the lives of his children, Elbert and Jane, his nine grandchildren, and his nine great grandchildren. His life, as the Atlanta Constitution once noted, was ``a life devoted to justice.''