Thad Cochran

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of calendar No. 402, S. 1279.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that the bill be considered read the third time, passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be placed at the appropriate place in the Record.

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of calendar No. 265, H.R. 1316.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that there be a star print of S. 2157, with the changes at the desk.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, it is with a feeling of profound sadness that I advise the Senate that former Mississippi Congressman Thomas G. Abernethy died last night in Jackson, MS. He was 95 years of age. He served with great distinction in the U.S. House of Representatives for 30 years, and he was deeply respected as an influential and prominent political leader. Tom Abernethy was born in Eupora, MS, on May 16, 1903. He attended the University of Alabama, and the University of Mississippi, and graduated from the Law Department of Cumberland University in Lebanon, TN, in 1924. He was elected mayor of Eupora, MS, in 1927, and in 1929 he moved to Okolona. He continued to practice law there and was elected district attorney in 1936. He was elected to Congress in 1942. Tom Abernethy became a close friend and an adviser to me. I sought his advice on matters involving agriculture, the Natchez Trace Parkway, and many other issues of importance to me and to our State. I always found his advice and counsel very valuable and helpful. I extend to his children, grandchildren, and great grandchildren my sincerest condolences.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, today I am introducing the International Postal Services Act of 1998. This bill would amend section 3621 of title 39 of the U.S. Code, dealing with the authority of the Board of Governors of the U.S. Postal Service to establish rates and classes of postal services, by subjecting international postal services to review by the Postal Rate Commission. At present, the Board of Governors' and Postal Rate Commission's authority to collect and review Postal Service data on costs, volumes, and revenues extends only to domestic mail. Therefore, the regulators and Congress, and the public, cannot require data to support statements by the Postal Service that international mail is covering its attributable costs. Allegations have been made that the Postal Service uses its revenues from first class mail to subsidize its international postal services. The Postal Service denies this, and reminds its competitors that the Postal Reorganization Act prohibits the Postal Service from using the revenues from one service to reduce the price of another. When Congress drafted, and later passed, the postal Reorganization Act of 1970, no specific language was included that would grant the Postal Rate Commission jurisdiction over international postal services--as it was granted for all domestic postal services. I believe this was an oversight by Congress, and I believe it would be best if, for the purposes of establishing classes and rates for mail, international postal services were to be treated the same as domestic postal services are treated. I invite Senators to consider this proposal and support this effort to bring harmony to the treatment of international and domestic postal services.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, today I am introducing the International Postal Services Act of 1998. This bill would amend section 3621 of title 39 of the U.S. Code, dealing with the authority of the Board of Governors of the U.S. Postal Service to establish rates and classes of postal services, by subjecting international postal services to review by the Postal Rate Commission. At present, the Board of Governors' and Postal Rate Commission's authority to collect and review Postal Service data on costs, volumes, and revenues extends only to domestic mail. Therefore, the regulators and Congress, and the public, cannot require data to support statements by the Postal Service that international mail is covering its attributable costs. Allegations have been made that the Postal Service uses its revenues from first class mail to subsidize its international postal services. The Postal Service denies this, and reminds its competitors that the Postal Reorganization Act prohibits the Postal Service from using the revenues from one service to reduce the price of another. When Congress drafted, and later passed, the postal Reorganization Act of 1970, no specific language was included that would grant the Postal Rate Commission jurisdiction over international postal services--as it was granted for all domestic postal services. I believe this was an oversight by Congress, and I believe it would be best if, for the purposes of establishing classes and rates for mail, international postal services were to be treated the same as domestic postal services are treated. I invite Senators to consider this proposal and support this effort to bring harmony to the treatment of international and domestic postal services.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that there now be a period for the transaction of routine morning business until 7 p.m., with Senators permitted to speak for up to 10 minutes each.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I wish to thank the distinguished Senator from Texas for her kind and generous remarks. I agree with her that we need to do everything we can to study the test results, translate that into solving the problems we have in these systems for theater weapons that we have to protect our troops that are already being programmed-- there are already deployment decisions that have been made, even though we haven't completed the development and the testing phase. I hope we can see some successful tests soon and we urge the contractors and the Department to work as hard as they can to see that is done. Amendment No. 2410 (Purpose: To provide eligibility for hardship duty pay on the basis of the nature of the duty performed instead of the location of the duty, and to repeal an exception)

Mr. COCHRAN. Mr. President, it is critically important that the United States be able to protect its troops in the field from ballistic missile attack, and this includes modern ballistic missiles of increasing range and sophistication. To do that, we need both lower tier systems like the Patriot and more capable, upper tier systems like the Theater High Altitude Air Defense, or THAAD, and Navy Theater Wide. It is disappointing that the THAAD system has not yet achieved a successful intercept in its test program. Given the program's history of lengthy delays between flight tests, it is unlikely that a sufficient number of tests can be conducted in fiscal year 1999 to enable the program to enter into the Engineering and Manufacturing Development, or EMD, phase. Accordingly, I understand the rationale for the amendment offered today which would remove an additional $250 million from the THAAD Program. While I am disappointed that the program's lack of progress has brought about this decision, I believe the action proposed by the chairman and ranking member of the Armed Services Committee to be reasonable. And, along with everyone else, I call on the Government and the contractors supporting the program to do everything they can to ensure future success. Let's not forget, however, that we have test programs to find and solve problems. We would move our weapons systems right from the drawing board to the field if we never expected to uncover problems during testing. While we would prefer there to be as few problems as possible, test programs are conducted to wring these problems out of our weapons systems. We should not be too quick to overemphasize the results of any one test. The level of scrutiny being applied to the Demonstration and Validation phase of the THAAD Program is higher than that applied to any other program in its Dem-Val phase that I am aware of. In fact, the scrutiny it is undergoing is more like that normally found in the EMD phase of a program. This intense scrutiny will ultimately be beneficial in helping us get this system fielded as soon as the technology is ready. Given the EMD-like scrutiny in the THAAD Dem-Val program, Congress should examine the Department of Defense plans for the structure and length of its EMD program. It is important for this program to be long enough to ensure the THAAD system ultimately produced is the right one, but not so long as to leave U.S. forces vulnerable for a minute longer than technologically necessary. The need for missile defense doesn't disappear because of a single flight test. Given the results of the most recent intercept attempt, it is reasonable to delay provision of THAAD EMD funding beyond fiscal year 1999. Additional reductions, however, are not warranted.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, often we rise on the floor of the Senate to pay tribute to a former Member of Congress or former Member of the U.S. Senate who has passed away, talking about their career and their contributions to our country. Today I rise to pay tribute to a former Member of Congress from my State of Mississippi who will reach his 95th birthday on Saturday. Thomas Gerstle Abernethy is the last surviving member of our State's delegation of his generation that was very distinguished, indeed, and included in the House of Representatives: Jamie Whitten, Frank Smith, Arthur Winstead, John Bell Williams, and Bill Colmer. In the Senate at that time, Jim Eastland and John Stennis represented our State. For 30 years, Thomas Abernethy was viewed as a prominent and influential Member of Congress from our State, and indeed he was. He was a member of the Agriculture Committee. He was not reticent or bashful in any way. He often spoke on the floor of the House on a wide and varied range of subjects, with intelligence, energy, and in a conscientious way to serve the interests of our State. He truly was an influence in national affairs in the Congress. He was born in Eupora, MS, on May 16, 1903. He attended the University of Alabama and the University of Mississippi and graduated from the Law Department of Cumberland University in Lebanon, TN, in 1924. He was admitted to practice law in the State of Mississippi that same year and began practice in his hometown of Eupora in 1925. He was elected mayor of Eupora in 1927. Then in 1929 he moved to Okolona, MS. He continued to practice law there, was elected district attorney, the prosecuting attorney for several counties in that part of the State of Mississippi, in 1936. He served until he was elected to Congress in 1942. That was the 78th Congress that convened on January 3, 1943, a turbulent time in the history of our country. For three decades, until his retirement in 1973, Thomas Abernethy served with distinction as a member of our House delegation. One of the highlights of his career politically came very soon after he was elected to Congress. Our State, during the census of 1950, was reapportioned and lost a Member of Congress. He was put in a congressional district by the State legislature's reapportionment plan, with one of the most senior and best known members of the State's delegation at that time, John Rankin. Many expected that John Rankin would defeat Tom Abernethy in the Democratic primary in 1952. But as it turned out, Tom Abernethy won that race and he served for 20 more years as a member of our House delegation. He retired the same year that I was elected to the House with two other new Members of our House delegation--David Bowen, who replaced Tom Abernethy; and Trent Lott, who replaced the retiring Bill Colmer. Interestingly enough, Tom Abernethy became a close friend and advisor to me. I sought his advice on matters involving agriculture, the Natchez Trace Parkway, and other issues of importance to me and to our State. I always found his advice and counsel very valuable and helpful. When I became a candidate in 1978 for the Senate, Tom Abernethy continued to be my friend and advisor, for which I was very grateful. I will always recall accompanying him to his hometown of Okolona during that campaign, meeting with friends of mine and his who had decided to become active in my campaign for the Senate. I could tell that he enjoyed that occasion. I enjoyed it very much too and benefited greatly from his support throughout that campaign. Today, I'm pleased to advise the U.S. Senate that Tom Abernethy is going to be celebrating his 95th birthday on Saturday. I encourage those who remember him as I do and appreciate him as I do to wish him well on his birthday on Saturday. I congratulate him for his conscientious and effective service to our State and our Nation as a distinguished Member of Congress and as a wise and valued citizen in his role as a former Member of Congress. Mr. President, I suggest the absence of a quorum.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, there are two criticisms of this bill that I have heard during the debate from the opponents. The distinguished Senator from Michigan says that the bill should include the words ``treaty compliant'' and that it is therefore vulnerable to criticism and ought to be rejected. The distinguished Democratic leader says the bill uses the phrase ``effective national missile defense system.'' He says ``effective'' is not defined in the bill. Well, my suggestion is, if amendments ought to be offered to this bill we should vote for cloture so that we can get to the bill and amendments will be in order. Criticizing the bill because we are not considering amendments at this time is begging the question. The question is, should the Senate turn to the consideration of the American Missile Protection Act? We are suggesting yes. But the Democrats objected. It is like when President Clinton, 2 years ago with the authorization bill before the Congress, held the bill up, held it up arguing over missile defense because there was a provision in it that suggested we ought to have a national missile defense, we ought to develop and deploy. They changed the words finally to ``develop for deployment,'' and then that was taken out of the bill in conference. The point is this administration is taking a wait-and-see attitude, wait until there is a threat. The reality is the threat exists now. We need to debate this issue. We need to debate this bill. The Democrat leadership are opposing that. We hope the Senate will vote cloture. Let us proceed to the consideration of the American Missile Protection Act. If Senators have amendments, suggestions, that is when they will be in order. They cannot be considered now until we invoke cloture. I hope the Senate will vote to invoke cloture on the motion to proceed to consider the bill. Cloture Motion

Mr. COCHRAN. No objection.

Mr. COCHRAN. I yield 3 minutes to the distinguished Senator from Virginia, Mr. Warner.

Mr. COCHRAN. Mr. President, may I inquire how much time remains on each side?

Mr. COCHRAN. Mr. President, under the ruling of the Chair, if we do not speak, then we are not going to have any time to speak in about 10 minutes. That is the way I understand the ruling of the Chair. I ask unanimous consent the running of the time be charged against the opposition, the opponents of the bill.

Mr. COCHRAN. Mr. President, I appeal to the Chair for a different ruling on that. We are prepared to use our 5 minutes and then proceed to hear from the other side. If I speak now, we have used up our 5 minutes and then they have 20 minutes to complete debate. That is not fair.

Mr. COCHRAN. Mr. President, we reserve the remainder of our time on this side of the aisle.

Mr. COCHRAN. Mr. President, I am happy to yield 5 minutes to the distinguished Senator from Arizona, Mr. Kyl.

Mr. COCHRAN. Mr. President, I am happy to yield 5 minutes to the distinguished Senator from New Hampshire, Mr. Smith.

Mr. COCHRAN. I thank the Senator. I yield 5 minutes to the distinguished Senator from Tennessee.

Mr. COCHRAN. Five minutes.

Mr. COCHRAN. Mr. President, I have agreed to yield 5 minutes to the chairman of the full committee at some point. I hope he can be recognized soon.

Mr. COCHRAN. Mr. President, I ask unanimous consent that James Nielsen of Senator Kyl's staff be granted the privilege of the floor during the debate on the motion on S. 1873.

Mr. COCHRAN. Mr. President, I commend the distinguished Senator from Texas for her excellent statement and thank her for her assistance in the development of this legislation and our policies on missile defense. Privilege of the Floor