J. Thurmond

Mr. THURMOND

Mr. THURMOND. Mr. President, today, I am submitting a sense-of-the Senate resolution regarding the Vacancies Act. I am pleased to do so on my behalf, and the distinguished chairman of the Senate Judiciary Committee, and other members of the Judiciary Committee. Our purpose is to clarify for the Attorney General that the Vacancies Act applies to all executive departments and agencies, including the Department of Justice. The Vacancies Act provides that, except for recess periods, when an official serving in an advise and consent position in an executive agency leaves, the President may appoint certain individuals to serve in that position in an acting capacity for no more than 120 days before the nomination of a permanent replacement is forwarded for Senate confirmation. The Vacancies Act, which is codified in sections 3345 through 3349 of title 5 of the United States Code, has existed in some form since at least 1868. This act is central to the advise and consent role of the Senate. By limiting the time that the President may temporarily fill a vacant advise and consent position, the act strongly encourages the President to quickly nominate a permanent replacement. I have become increasingly alarmed at the Clinton administration's failure to nominate officials to fill the vacancies that have occurred in executive branch positions, and particularly in the Department of Justice. When we held a Justice Department oversight hearing in the Judiciary Committee at the end of April, vacancies existed for the Associate Attorney General, Solicitor General, Assistant Attorney General for Civil Rights, Assistant Attorney General for the Criminal Division, and Assistant Attorney General for the Office of Legal Counsel. I asked Attorney General Reno at the oversight hearing whether she was concerned that a failure to nominate individuals for these positions within the 120-day deadline would violate the Vacancies Act. She responded in writing that the Justice Department was not bound by the Vacancies Act. The letter indicated that she could fill these vacancies pursuant to the Department's general administrative authorizing statutes without regard to the Vacancies Act. In my opinion, the Attorney General is simply wrong. Her interpretation of the vacancies law in this area is nothing more than an attempt to get around the law. First, the plain language of the Vacancies Act since it was amended in 1988 states that it applies to all executive departments and agencies. By law, the Department of Justice is an executive department, so Justice obviously is included. In fact, the original sponsor of the act, Representative Trumbull, stated on the Senate floor in 1868 that the act applied to, quote, ``any of the Departments.'' Also, the Congress flatly rejected the Attorney General's interpretation when it amended the Vacancies Act in 1988. As explained in the report of the Committee on Governmental Affairs, Congress made a choice in 1988 of whether to repeal or revive the Vacancies Act, and it chose the latter. The report stated that it was time ``to revitalize'' the Vacancies Act and ``make it relevant to the modern Presidential appointments process.'' One method of accomplishing this was to assist the President by expanding the number of days he had to submit a nominee from 30 to 120 days after the vacancy was created. That way, the President would have more time to submit a qualified replacement. The committee report expressly rejected the Attorney General's flawed interpretation. It stated that the Vacancies Act was the exclusive authority for these appointments, and noted that the authorizing statutes of an executive department or agency do not provide an alternative means to fill vacancies. The amendment was made at the recommendation of the Comptroller General, who has battled with the Attorney General for many years over this flawed interpretation of vacancies law. Mr. President, this is a matter of great constitutional significance. If the view of the Attorney General were correct, the President could routinely ignore the advise and consent role of the Senate. In the Justice Department, the President would never be obligated to nominate any official below the Attorney General for Senate confirmation after his first appointee left, as long as the President was content for the person to serve in an acting capacity. In fact, based on the Attorney General's reasoning, the President apparently would not be bound by the Vacancies Act for officials in any department. Every Federal department from Agriculture to Veterans Affairs has authorizing statutes similar to Justice. Many Federal agencies do, too. Therefore, based on the Attorney General's reasoning, these departments and agencies can all claim to be exempt from the Vacancies Act. In fact, when faced with the Vacancies Act, many make the Attorney General's argument, and claim they aren't bound by it either. Obviously, the Congress would never have intended for its confirmation power to be circumvented in this manner. The Framers of the Constitution surely would not be pleased. The advise and consent role of the Senate is one of the fundamental checks and balances included within our great system of Government. Under the appointments clause of article II, section 2, of the Constitution, the President has the exclusive power to nominate principal officers of the United States, but the Senate must give its advise and consent. As Justice Scalia stated for the Supreme Court earlier this year, ``[T]he Appointments Clause * * * is more than a matter of etiquette or protocol; it is among the significant structural safeguards of the constitutional scheme.'' The involvement of the Senate is designed to promote a high quality of appointments and curb executive abuses. In the words of Alexander Hamilton in Federalist No. 76, ``The possibility of rejection [is] a strong motive to care in processing.'' This resolution is designed to affirm the Senate's role by insisting that the Attorney General stop interpreting the act out of existence. It expressly states what should already be obvious from the plain language of the Vacancies Act and its legislative history: that the Vacancies Act applies to all executive departments and agencies, including the Department of Justice. The resolution also states that the Attorney General should ensure that the Department of Justice complies with the act, and that she should inform other executive agencies to abide by it, as well. This is not just a technical issue. It is not an idle problem. At some point this year, six advise and consent positions in the Justice Department have been in violation of the Vacancies Act. The position of the Assistant Attorney General for the Criminal Division has been vacant for over 2 years. This is an excellent example of the problem the Vacancies Act was designed to prevent. The Nation's chief law enforcement agency has been without a confirmed chief for crime since August 31, 1995. No name has been forwarded in the 9 months that this Congress has been in session. Mr. President, what message does that send about the Clinton administration's commitment to fighting crime? In the meantime, the Attorney General has been in the middle of a tremendous controversy surrounding her reluctance to seek the appointment of an independent counsel to investigate apparently illegal campaign fundraising practices. Would not having a politically accountable chief of the Criminal Division be helpful to her in analyzing whether crimes were committed? Also, consider the Office of Legal Counsel. Walter Dellinger was confirmed to head OLC in 1993, but he was very controversial. Many members of this body could not support him. Nevertheless, effective July 1, 1996, the Attorney General made Mr. Dellinger acting Solicitor General. The Senate may not have confirmed him to be Solicitor General. Of course, we will never know because by simply naming him acting Solicitor General, the administration avoided a fight over his appointment. For an entire year, for a full term of the Supreme Court, the United States was represented by a Solicitor General who was acting in violation of the Vacancies Act, in violation of the law. The President has just officially nominated someone else for the vacancy. Moreover, Mr. Dellinger's appointment caused another violation of the Vacancies Act. When the Attorney General moved Mr. Dellinger, she appointed an acting chief of OLC, who served over 120 days without a permanent nomination being submitted. Not only did this appointment exceed 120 days, it wasn't even legal in the first place. The Vacancies Act not only limits the amount of time someone can serve in an acting capacity, it also limits who can serve. Only someone who was the first assistant, which refers to the principal deputy, or someone who was earlier confirmed to a different advice and consent position can serve in the acting position. Mr. Dellinger's replacement did not meet either of these requirements. Thus, the chief of OLC was serving in violation of the Vacancies Act, in violation of the law, from the first day Mr. Dellinger left. Mr. President, the vacancies problem is not limited to the Department of Justice. It can be found throughout the executive branch. The Washington Post reported on August 29, 1997, that 30 percent of the top 470 political jobs in the administration remain unfilled. When confronted with the Vacancies Act, many departments and agencies use the Attorney General's argument and also claim not to be bound by the act. It is time to put the Attorney General's flawed interpretation of the Vacancies Act to rest. Her reading of the Vacancies Act is a threat to the advise and consent role of the Senate. I am hopeful that my colleagues will join me and my cosponsors in supporting this simple but significant resolution. Let us adopt this important resolution, and reaffirm our constitutional duty of advise and consent.

Mr. THURMOND

Mr. THURMOND. Mr. President, in the year that the Nation celebrates the 50th anniversary of the founding of the U.S. Air Force, we must pause today to mourn the passing of an individual who was one of the key figures in the history of that service, Gen. Robert E. ``Dutch'' Huyser. For almost 40 years, Dutch Huyser helped to protect America through airpower. Drafted into the Army during World War II, he became a B-29 pilot and flew numerous missions in the Pacific in support of Allied efforts to defeat Imperialism. Following the war, when the Air Force was established as a separate military service, he became a bright and promising young officer who would help to shape cold war policy and become known as the father of the program which eventually yielded the C-17 Globemaster aircraft. Before he would reach the highest echelons of the Air Force though, Dutch Huyser still had a lot of flying to do, and he found himself in the cockpits of B-29's over Korea and B-52's in Vietnam when the United States became embroiled in conflicts in those nations. Throughout his career, Dutch Huyser established an impressive record of awards, citations, and medals that is far too extensive to cite here. Suffice it to say, he set an excellent example for devotion, patriotism, and professionalism for all Air Force officers to follow, and I am confident that he served as an important role model for many of his subordinates throughout his career. An obvious competent and talented officer, pilot, and manager, the career of Dutch Huyser progressed quickly. Following his service in Vietnam, he specialized in airlift matters and later became the Commander of the Military Airlift Command. In that position, he was an advocate for increased lift capabilities for the Air Force, and he fought hard for the modernization and expansion of the transport fleet. As mentioned above, he is universally credited as being the father credited as being the father of the C-17 program, an aircraft that proves its capabilities and worth on a daily basis as it transports troops and equipment to spots around the world. After three major wars, almost 10,000 flying hours, and 38-years in the Air Force, General Huyser finally hung his uniform up for the last time in 1981. Though he left the military, he continued to make many contributions to aviation and the security of the United States. Sadly, Gen. Robert ``Dutch'' Huyser passed away earlier this week, but perhaps fitting for a man who dedicated his life to the Air Force, he was on an Air Force base when he died. I am certain that the entire Senate would join me in saluting the many contributions that General Huyser made to the Air Force and the defense of the United States, as well as extending our deepest sympathies to his wife, Wanda, and their two daughters. They can be proud of all that their husband and father did to make our Nation a safer, stronger, and better place to live.

Mr. THURMOND

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

Mr. THURMOND

Mr. THURMOND. I ask unanimous consent I be allowed to speak in morning business for up to 10 minutes.

Mr. THURMOND. Mr. President, I thank the Chair. (The remarks of Mr. Thurmond pertaining to the introduction of Senate Resolution 128 are located in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Mr. THURMOND

Mr. THURMOND. Mr. President, for the Committee on Armed Services, I report favorably 36 nomination lists in the Air Force, Army, Marine Corps, and Navy which were printed in full in the Congressional Record of July 29, 31, September 3, and 15, 1997, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar, that these nominations lie at the Secretary's desk for the information of Senators:

Mr. THURMOND

Mr. THURMOND. Mr. President, I further ask unanimous consent that the nomination be confirmed, the motion to reconsider be laid on the table, any statements relating to the nomination appear at this point in the Record, the President be immediately notified of the Senate's action, and the Senate then return to legislative session.

Mr. THURMOND

Mr. THURMOND. Mr. President, it was a pleasure to work with the Senators from Oregon to resolve this matter. I am very pleased it has been resolved.

Mr. THURMOND

Mr. THURMOND. I now ask unanimous consent that the Senate immediately proceed to executive session to consider the following nomination, reported from the Armed Services Committee, Calendar No. 244, Gen. Henry H. Shelton.

Mr. THURMOND

Mr. THURMOND. Mr. President, pursuant to section 304(b) of the Congressional Accountability Act of 1995 (2 U.S.C. sec. 1384(b)), a notice of proposed rulemaking was submitted by the Office of Compliance, U.S. Congress. The notice publishes proposed amendments to regulations previously adopted by the Board implementing sections 204, section 205, and section 215 of the Congressional Accountability Act of 1995. Section 204 concerns the extension of rights and protections under the Employee Polygraph Protection Act of 1988. Section 205 applies rights and protections of the Worker Adjustment and Retraining Notification Act. Section 215 concerns the extension of rights and protections under the Occupational Safety and Health Act of 1970. Section 304(b) requires this notice to be printed in the Congressional Record, therefore I ask unanimous consent that the notice be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise to support the Tax Relief Act of 1997. I commend the Finance Committee and the leadership, along with the Budget Committee, for their hard work. This bill, along with the Balanced Budget Act of 1997, fulfills our promise to the American people--to restrain Government spending, and to bring Tax Relief to the American people. This tax reduction act has some tax relief for all Americans, at all stages of life. The child tax credit will boost the family budget for parents with children. Homeowners, and others with capital assets will benefit from the capital gains tax reduction. The education provisions will encourage savings and assist all students. The bill has provisions for savings and investment, and for businesses. This will encourage economic growth and promote employment. Finally, there are estate tax reforms which will help preserve family businesses and farms. Mr. President, this Nation has waited too long for a balanced budget--nearly 30 years; and it has been 16 years since we have delivered any significant tax relief. These measures passed today keep us on the track of smaller government and a strong economy. I am proud to support this measure, because it is good for the people of South Carolina and good for the Nation. It is a good down payment toward a simpler, fairer, and less burdensome tax system. Finally, Mr. President, these two bills put us on course to fiscal responsibility. We must continue to keep spending within the limits of our resources, and begin to reduce the national debt. We owe no less to our children and grandchildren.

Mr. THURMOND

Mr. THURMOND. Mr. President, I am pleased to rise today to submit a Senate resolution which authorizes and requests the President to designate the week beginning September 14, 1997, as ``National Historically Black Colleges and Universities Week''. It is my privilege to sponsor this legislation for the 12th time--I repeat, the 12th time--honoring the historically black colleges of our country. Eight of the one hundred and sixteen historically black colleges, namely Allen University, Benedict College, Claflin College, South Carolina State University, Morris College, Voorhees College, Denmark Technical College, and Clinton Junior College, are located in my home State. These colleges are vital to the higher education system of South Carolina. They have provided thousands of economically disadvantaged young people with the opportunity to obtain a college education. Mr. President, thousands of young Americans have received quality educations at these 116 schools. These institutions have a long and distinguished history of providing the training necessary for participation in a rapidly changing society. Historically black colleges offer our citizens a variety of curricula and programs through which young people develop skills and talents, thereby expanding opportunities for continued social progress. Mr. President, through adoption of this Senate resolution, Congress can reaffirm its support for historically black colleges, and appropriately recognize their important contributions to our Nation. I look forward to the speedy adoption of this resolution.

Mr. THURMOND

Mr. THURMOND. Mr. President, I just want to commend Senator Lott, the majority leader, for the outstanding leadership he is providing here in the Senate. Many things here have been accomplished. I don't recall, in the 43 years I have been here, fine leadership shown that has gotten so much done in such a short time. I am proud of you. And I want to commend Senator Daschle for his fine cooperation and leadership, too.

Mr. THURMOND

Mr. THURMOND. Mr. President, the Board of Directors of the Office of Compliance has issued its first decision on appeal. The case involved an alleged violation of the Worker Adjustment and Retraining Notification [WARN] provisions made applicable by the Congressional Accountability Act of 1995. Pursuant to section 416(d) of the act and section 104(d) of the office's regulations, the Board has exercised its discretion to make the decision public. It will be publicly available at the Office of Compliance and of the Office's Internet Website. I ask unanimous consent that the decision of the Board of Directors be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise on behalf of Mr. Philip Lader to be Ambassador. Philip Lader is a man of integrity and honor whom I hold in high esteem. He has a deep respect for the British people and their beautiful country. I know that he, along with his wife Linda, and their two young daughters Mary Catherine and Whittaker will represent the United States well at the Court of St. James and will make us all very proud. Mr. President, I rise today in strong support of the confirmation of Mr. Philip Lader to be the U.S. Ambassador to the United Kingdom of Great Britain and Northern Ireland. I have known Mr. Lader and his family for years, and I believe he will work hard to maintain and strengthen the long and valuable friendship between our two nations. Although he was born in New York, and was educated at Duke University, the University of Michigan, Harvard, and Oxford, Mr. Lader has called South Carolina home for many years. It is in South Carolina where he established himself as a leader in business and education. He was associated for 10 years with Sea Pines Co., a developer and operator of award-winning recreational communities on Hilton Head Island. In addition, he has held the following business positions: president of Business Executives for National Security; founding director of the South Carolina Jobs/Economic Development Authority; director of First Union National Bank (S.C.) and First Carolina Bank; director of the South Carolina Chamber of Commerce; chairman of the South Carolina Governor's Council on Small and Minority Business; and a member of the U.S. Senate Commerce Committee's Travel and Tourism Advisory Committee. In 1981, he founded Renaissance Weekend, a family retreat for innovative leaders. In education, he served as president of Winthrop College in Rock Hill, SC, from 1983 to 1985. During his tenure, Winthrop was awarded the National Gold Medal for general improvements in programs. Academically, he has served as chairman of the South Carolina Rhodes Scholarship Committee, trustee of three colleges, and director of the Alumni Association at Duke University. He has taught courses at many universities and has been awarded honorary doctorates by five institutions. Mr. President, for the past several years, Phil Lader has been utilizing his business skills in the U.S. Government. He most recently served as Administrator of the Small Business Administration. Prior to that, he was Assistant to the President and White House Deputy Chief of Staff. He has also been Deputy Director for Management at the Office of Management and Budget and has been chairman of the National Performance Review's Policy Committee, the President's Management Council, and the President's Council on Integrity and Efficiency. In addition, he has served on the National Economic Council, the President's Export Council, the Community Empowerment Board, and the Board of Governors of the American Red Cross. Currently, he is a member of the Council on Foreign Relations. Mr. President, all of the business, academic, and Government experience that I have just described are tremendous assets Mr. Lader will bring to the Court of St. James. However, Mr. Lader has even more to offer this position, both professionally and personally. Professionally, he was executive vice president of Sir James Goldsmith's U.S. holding company, which was responsible for the analysis and sales of lands previously owned by Crown Zellerbach and Diamond International Corporations. He was also president of Bond University, the first private university in Australia, a British Commonwealth nation. Personally, the Lader family has strong ties to the United Kingdom, particularly England and Scotland. He studied English constitutional history at Oxford University and is an Honorary Fellow of Pembroke College at Oxford. Further, the ancestors of his lovely wife, Linda, emigrated from Henley-on-Thames, just west of London. In fact, her late stepmother, Catherine Marshall, was the author of ``A Man Called Peter,'' the biography of her husband, the Scottish Presbyterian Minister Peter Marshall, who served as the U.S. Senate Chaplain from 1947 until his death in 1949. Mrs. Lader is a trustee of the American University in London. Phil Lader is a man of integrity and honor, whom I hold in high esteem. He has a deep respect for the British people and their beautiful country. I know that he, along with his wife Linda and their two young daughters, Mary Catherine and Whittaker, will represent the United States well at the Court of St. James and will make us all very proud. Mr. President, I reiterate my strong support for the confirmation of Phil Lader to be Ambassador to the United Kingdom of Great Britain and Northern Ireland. I have no doubt that he will live up to the commitment he made to the Foreign Relations Committee earlier this week and devote his time and energy ``not only to the salient matters of diplomacy, but also to the arts and letters, the streets and fields, the industries and entrepreneurs, those who innovate and those in need, all of which preserve and strengthen the heritage and common causes of America and the United Kingdom.'' Mr. President, I yield the floor. Statement on the Nomination of Felix Rohatyn

Mr. THURMOND

Mr. THURMOND. Mr. President, when the President signs the International Dolphin Conservation Program Act, the United States will have joined the rest of the tuna-fishing nations in the Eastern Pacific in pledging that, in the future, no dolphins will be killed in the harvesting of tuna. Further, the transition to better fishing methods will result in a significant reduction in by-catch waste in that portion of the ocean. This is a remarkable achievement. My colleagues from Alaska and Louisiana, Senators Stevens and Breaux, have pressed on for 2 years to see that this agreement is ratified. Their perseverance should be recognized and appreciated. Finally, this bill would likely have never become law had the subcommittee chairman, Senator Snowe, not gathered the various parties to work out a compromise that would assure passage of this implementing legislation. She is to be commended for her skill and stamina in seeing this measure to its successful conclusion. I yield the floor.

Mr. THURMOND

Mr. THURMOND. Mr. President, for the Committee on Armed Services, I report favorably 16 nomination lists in the Air Force, Army, Marine Corps, and the Navy which were printed in full in the Congressional Records of June 12, 17, 23, 27, July 8 and 9, 1997, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar, that these nominations lie at the Secretary's desk for the information of Senators.

Mr. THURMOND

Mr. THURMOND. Mr. President, though the borders of the United States stretch from the Atlantic to the Pacific, and from the Rio Grande to the ``Great White North,'' the defense of our Nation takes our military personnel around the globe. Point to almost any continent on the globe and you will find American soldiers serving bravely and selflessly, and transporting these men and women to the far corners of the Earth, as well as keeping them supplied with everything from bullets to vehicles, is a challenging but essential task which falls to the Army Materiel Command. Today, I rise to pay tribute to a man who made many innovations in the field of military logistics and who served the U.S. Army in times of peace and war, Gen. Frank S. Besson, Jr. General Besson passed away more than 10 years ago, but during his life and military career, he distinguished himself in any number of ways and set an excellent example for service to the Nation and devotion to the Army. A 1932 graduate of the U.S. Military Academy, then Second Lieutenant Besson headed north to Boston where he earned a master's degree at the Massachusetts Institute of Technology. His education and training at West Point and MIT paid dividends for the security of the Nation, and helped to pave his way to leadership positions at the highest levels of the U.S. Army. During his career, Frank Besson served with distinction in Persia, Japan, Europe, and in the United States. He was responsible for important innovations in the areas of military pipelines, steel airplane landing mats, steel treadway bridges, and ``roll-on/roll-off'' techniques. Though no sane person welcomed the outbreak of World War II, that conflict proved the viability of Frank Beeson's innovations, and the lives of thousands of GI's were made a little easier thanks to his ideas and efforts. As a matter of fact, it was Frank Besson who ordered studies which led to the adoption of the ``Bailey Bridge,'' a key piece of equipment used during World War II which allowed Allied Forces greater mobility in their march against the Reich. At age 34, Frank Besson became the youngest brigadier general in the Army Ground Forces. From 1941 to 1945, while we battled the Axis Powers, General Besson was charged with ensuring that Allied supplies reached Soviet forces through the Persian corridor, and as the Deputy Chief Transportation Officer of Army Forces in the Western Pacific, he played an important role in the war against Japan. When the Imperial Japanese surrendered in 1945, General Besson shifted his efforts from working for the defeat of that nation to helping rehabilitate its rail system and working to rebuild Japan. As the shooting of World War II was replaced by the tense stalemate of the cold war, General Besson continued to serve, this time working to contain the Soviet Union by helping NATO plan and meet its logistical challenges. By the end of the 1950's, General Besson had reached the top of his career field, serving as Chief of Transportation for the U.S. Army, and when the Army Materiel Command was formed in 1962, he took command of this new entity. On May 27, 1964, General Besson again made history by becoming the first Army officer to become a four-star general as the head of a logistical organization during peacetime. During his career, General Besson earned a long list of awards, commendations, and distinctions, including the Distinguished Service Medal, the Legion of Merit, and the Commander of the Order of the British Empire. There is no question that this was a man who made his mark on military and transportation history, and who dedicated his life to protecting our Nation. While it has been many years since General Besson wore the uniform of the U.S. Army, his accomplishments, leadership, and service have not been forgotten, and as a matter of fact, they are still greatly appreciated by the soldiers of today. In recognition of this unique man's illustrious career, the men and women of the Army Transportation Corps will today induct the late Gen. Frank S. Besson, Jr., into the Transportation Corps Hall of Fame at the U.S. Army Transportation Center and Fort Eustis, VA. This is an honor which is certainly appropriate, and I salute General Besson's distinguished career and add my congratulations to his proud family and friends as they gather to pay homage to this great soldier.

Mr. THURMOND

Mr. THURMOND. Mr. President, throughout the Nation, whenever a community leader passes, his or her death is noticed and mourned by many. In small towns, however, the impact of such a loss is always magnified, for in such places, the deceased is more than a well known, but distant figure, he or she is a neighbor, a member of the local church, and more often than not, a friend. Such was the case on June 29 when Edgefield, SC suffered a tremendous loss with the passing of my friend, Joanne Tisdale Rainsford. Mrs. Rainsford first came to Edgefield to work as a teacher, and it was not long before she became a well known and liked figure around town. Her civic mindedness led her to become involved in a multitude of organizations and causes, and though not originally from Edgefield, she worked hard on behalf of her new hometown. Among other groups, the Edgefield United Way, the Olde Edgefield Trade Association, and the Edgefield Community Development Association all benefited from the efforts of this tireless, devoted, and enthusiastic woman. One of the cornerstones of a small town is the community newspaper, and Joanne Rainsford played an important role in helping produce the local paper, the Citizen News. In the mid-1980's, she spent about a year and a half as the managing editor of that publication, and she later became the president of Edgefield County Communications, the parent company of the Citizen News. Though Mrs. Rainsford enjoyed many pursuits, she was particularly interested in history, and she worked hard to save and showcase the unique and rich history of Edgefield County. In recognition of her service as their president, and her leadership in any number of preservation projects, the Edgefield County Historical Society just this past June voted to rename its museum the Joanne T. Rainsford Heritage Center. This was an honor of which I know she was especially proud and the action of the society is all the more meaningful as they approved this recognition shortly before Mrs. Rainsford's death. Whether it was through her work as a teacher, in her role as a newspaper executive, or as a civic booster, Joanne Rainsford worked hard to promote Edgefield, to build the local economy, and to make her hometown an even more prosperous and desirable place to live. She was an articulate proponent of the heritage corridor, a unique project that blends history and tourism together over a 14-county region in our State stretching from the coast to the mountains. I was so impressed by her desire to bolster tourism, the No. 1 industry in the Palmetto State, that I appointed her as a delegate from South Carolina to the White House Conference on Tourism. Mr. President, many people in Edgefield and throughout South Carolina mourned the passing of Mrs. Joanne T. Rainsford, as she was a woman who was liked and admired by all those who knew her. She was also a woman who approached life with great enthusiasm and who sought to leave her mark on the world through projects that benefited others. I can say without reservation that the work of the late Mrs. Rainsford had a positive effect on Edgefield County and that her work strengthened that community in many different ways. I ask unanimous consent that a copy of an article from the Citizen News be included in the Record following my remarks, it very nicely captures Mrs. Rainsford's accomplishments and her spirit. Her husband, Ben Rainsford; her stepchildren, Neely and Todd; her two sisters, Nancy and Mary; and all her friends and relatives, have my deepest condolences on this terribly sad event. We shall all miss Joanne Rainsford.

Mr. THURMOND

Mr. THURMOND. Mr. President, I am saddened to report the passing of a longtime friend, a great supporter, and one of the stalwart members of the South Carolina Republican Party, Mrs. Julia Ravenel Dougherty. In the not so distant past, South Carolina was what was known as a one party State, where a victory in a primary election was all one needed to secure office, and where a significant segment of the population had no outlet for its views, opinions, and politics. All of that began to change in the 1960's when a cadre of forward looking politicians and interested citizens began to fight to create a true Republican Party in South Carolina. One of the pioneers in that effort was Mrs. Dougherty, who is roundly recognized as having been a woman of great humor, strong organizational skills, and inexhaustible energy, as well as someone who was a tremendous motivator. From the Charleston County Republican Party to the gubernatorial races, and from my own Senate campaigns to the bids of GOP candidates for the White House, Julia Dougherty was always eager to roll up her sleeves and to lend her considerable talents to an election effort. Her loyalty to the party, and activism on its behalf, earned her not only the thanks and admiration of countless people, but also an appointment as a delegate to the 1964 and 1968 Republican Conventions. Her loyalty and efforts were further recognized when in 1968, she was a member of the electoral college, and cast her vote for Richard M. Nixon. In addition to her partisan political work, Mrs. Dougherty had a strong commitment to public service, and over the years, she made many contributions to building South Carolina into an even better, safer, and more prosperous State for all its citizens. She was the first female to ever serve on the South Carolina Highway Commission, and in that role, she was a forceful advocate for the modernization of the highway patrol, as well as the increased professionalization of that force. She later served as the State chairwoman of President Carter's friendship force, and during the Reagan administration, she served on an advisory committee to the Department of Transportation. Truly an impressive record, and one of which I know Julia was justifiably proud. Despite her great love for politics and her commitment to public service, Mrs. Dougherty never sought elected office herself. This is truly a shame for I believe she would have made even more contributions to the Palmetto State as an elected official, and she certainly would have set a high standard for ability, integrity, and dedication for others to follow. The death of Julia Ravenel Dougherty leaves a tremendous void in South Carolina politics and life in the lowcountry. Her family, which includes her cousin and my good friend, State Senator Arthur Ravenel; husband Francis; son Park; daughters Renee and Frances; and four grandchildren, all have my deepest sympathies. Their wife, mother, grandmother, and cousin will be missed by all those who knew this most remarkable woman.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today in support of the nomination of Joel I. Klein to serve as Assistant Attorney General for the Antitrust Division of the Department of Justice. Mr. Klein is a fine man and is an outstanding nominee for this important position. I am pleased to support him. Mr. Klein achieved an excellent academic record at both Columbia College in New York and Harvard Law School. He then served as a law clerk for the Chief Judge of the D.C. Circuit Court of Appeals and later for U.S. Supreme Court Justice Lewis Powell. Afterward, he developed a distinguished reputation in private practice, where he argued important cases before the U.S. Supreme Court. For the past several months, he has served as the Acting Assistant Attorney General for the Antitrust Division. During that time, he has shown that he is firmly committed to enforcing our nation's antitrust laws. For example, under his leadership, the Antitrust Division has greatly increased its collection of criminal fines. Thus far this fiscal year, which almost coincides with Joel Klein's tenure, the Antitrust Division has collected over $192 million dollars in criminal fines, compared to only about $27 million for all of fiscal year 1996. Mr. President, I am confident that Mr. Klein is within the mainstream of antitrust law and doctrine, and will exercise his responsibilities fairly and within the dictates of the law. He is committed to upholding our free enterprise system and to protecting consumers from anti- competitive conduct. Under Chairman Hatch's distinguished leadership, the Judiciary Committee held a hearing on Mr. Klein's nomination in April, and his nomination was reported out of the Committee unanimously in May. In short, I strongly believe that Mr. Klein is a man of unquestioned integrity and great ability. I urge my colleagues to vote in favor of this nomination. Mr. President, in closing I want to commend Senator Hatch, the able chairman of the Judiciary Committee for the position he has taken on this particular nomination. Mr. President, I yield the floor.

Mr. THURMOND

Mr. THURMOND. Mr. President, I send a package of amendments to the desk and ask consent that these amendments be considered as read and agreed to en bloc; the motion to reconsider be laid upon the table en bloc, and finally, that any statement relating to any of the amendments appear at this point in the Record. These amendments are cleared amendments and have been agreed to by both sides of the aisle.

Mr. THURMOND. Mr. President, this amendment would authorize the Secretary of the Army to enter into a multiyear procurement contract for the family of medium tactical vehicles [FMTV]. This authority is significant for the following reasons: First, the Army fleet of aging trucks, the backbone for our premier land force, has reached the end of its useful life and new trucks are required to support the heavy demand we place on these vehicles. Second, the Army will complete acquisition of the first round of new FMTV trucks through an existing multiyear in 1998. The soldiers in the field love these new trucks. They are reliable, capable, and are easily maintained. We must continue to field these trucks to our soldiers as quickly as possible. Third, the multiyear authority will be exercised within the current budget and will result in 9.5 percent savings over the life of the multiyear or $122.3 million. This means that the Army will be able to field more trucks than would otherwise be possible with current budget constraints. Mr. President, I strongly support the fielding of these trucks and believe that this multiyear will make the best use of available resources and will help our soldiers. I strongly urge my colleagues to support the amendment. I ask unanimous consent a description of the background on the FMTV be printed in the Record.

Mr. THURMOND. Mr. President, just before final action here, I want to take this opportunity to thank all the Republicans and all the Democrats for the fine cooperation they have given through the consideration of this bill. The Congress can pass no more important bill than this defense authorization legislation. It means our very protection. It is important to the Nation and I am so pleased that we are able, now, to go forward and pass this bill promptly. Mr. President, I ask for third reading of the bill. En Bloc Amendments Nos. 753 as modified, 607 as modified, 605 as modified, 762, 763, 772

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise in opposition to the amendment by the Senator from New Mexico to reduce funding for the space-based laser program. The space-based laser program is one of the most important technology development programs in the Department of Defense. It could provide for global boost phase defense against all types of ballistic missiles from short-range tactical missiles to long-range strategic missiles. It would be shortsighted for the United States to constantly abandon this development effort at a time when the long-range missile threat is growing. The space-based laser program is the only future oriented program remaining at the Ballistic Missile Defense Organization. With the exception of space-based laser, BMDO is focused almost exclusively on near-term development and deployment efforts. This is an unbalanced approach which mortgages our future for near- term capability, and in my view we should have a more balanced approach, one which continues to invest in high payoff future systems while deploying near-term capability. Mr. President, the space-based laser program has been one of the best managed programs in the history of the Department of Defense. Unfortunately, the department has only requested $30 million for this important program in fiscal year 1998. The Armed Services Committee did the responsible thing by adding additional funds to ensure that this program continues to make technical progress. It would be highly irresponsible to cut this funding at this time. I strongly urge my colleagues to oppose the amendment by the Senator from New Mexico. Mr. SMITH of New Hampshire addressed the Chair.