J. Thurmond

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today in strong support of the substitute amendment to S. 735, offered by the able chairman of the Judiciary Committee of the Senate, Senator Hatch, and others who joined on this matter. As an original cosponsor of this legislation and the substitute amendment, I believe it builds upon a solid foundation to assist law enforcement in their fight against terrorism. [[Page S7488]] We must send a clear message that the people of America will not tolerate cowardly acts of terrorism, in any fashion--whether their source is international or domestic. It is important that the Congress work closely with Federal law enforcement to provide the necessary tools and authority to prevent terrorism. I am ever mindful that an appropriate balance between individual rights guaranteed in the Constitution and the needs of law enforcement must be achieved as we meet our responsibility. The American people appropriately look to their Government to maintain a peaceable society but do not want law enforcement to stray into the private lives of law-abiding citizens. The balance is to provide reasonable authority to law enforcement to investigate and prevent terrorism while respecting the rights of the American people to form groups, gather, and engage in dialog even when that dialog involves harsh antigovernment rhetoric. The recent bombing in Oklahoma City compels us to address this issue. Mr. President, it is my belief that this legislation will enhance law enforcement capabilities to combat terrorism while respecting our cherished rights under the Constitution. This bill contains provisions to increase penalties for conspiracies involving explosives and the unauthorized use of explosives. Additionally, our legislation will assist law enforcement in fighting international terrorism, including language to prohibit U.S. aid to countries that provide military equipment to terrorist nations. The United States must send a strong signal to our allies and adversaries that America's policy is one of zero tolerance for aiding terrorists. Also, I am pleased that this legislation contains the much needed language on alien terrorist removal. These provisions create a new ``terrorism court'' made up of sitting district court judges appointed by the Chief Justice of the Supreme Court. This specialty court would have the authority to hear deportation cases involving alien terrorists and would ensure, through the use of a limited ex parte procedure, that the United States can expeditiously deport alien terrorists without disclosing national security secrets to them and their criminal associates. There are other provisions to provide anti-terrorism assistance to Federal law enforcement agencies. Further, one of the most important sections of this legislation, which I will now address, is designed to curb the abuse of habeas corpus appeals. Mr. President, for years, as both chairman and ranking member of the Senate Judiciary Committee, I have called for reform of habeas corpus appeals. The habeas appellate process has become little more than a stalling tactic used by death row inmates to avoid punishment for their crimes. I have authored and joined as an original cosponsor of legislation designed to curb the abuse of habeas corpus and to limit the intrusion of Federal courts in State court convictions. Unfortunately, the present system of habeas corpus review has become a game of endless litigation where the question is no longer whether the defendant is innocent or guilty of murder, but whether a prisoner can persuade a Federal court to find some kind of technical error to unduly delay justice. As it stands, the habeas process provides the death row inmate with almost inexhaustible opportunities to avoid justice. This is simply wrong. In my home State of South Carolina, there are over 60 prisoners on death row. I am informed that one has been on death row for 18 years. Two others were sentenced to death in 1980 for a murder they committed in 1977. These two men, half brothers went into a service station in Red Bank, S.C. and murdered Ralph Studemeyer as his son helplessly watched. One man stabbed Mr. Studemeyer and the other shot him. It was a brutal murder and although convicted and sentenced to death, these two murderers have been on death row for 15 years and continue to sit awaiting execution. Mr. President, without adequate habeas reform , the murdering coward who exploded the bomb in Oklahoma City could avoid justice for many years as many are now doing who have been sentenced to death. President Clinton has called for habeas reform, and I urge my colleagues on the other side of the aisle to join us to ensure that justice becomes a certainty and not a mere probability. The habeas reform provisions in this legislation will significantly reduce the delays in carrying out executions without unduly limiting the right of access to the Federal courts. This language will effectively reduce the filing of repetitive habeas corpus petitions which delays justice and undermines the deterrent value of the death penalty. Under our proposal, if adopted, death sentences will be carried out in most cases within 2 years of final State court action. This is in stark contrast to death sentences carried out in 1993 which, on average, were carried out over 9 years after the most recent sentencing date. Mr. President, the current habeas system has robbed the State criminal justice system of any sense of finality and prolongs the pain and agony faced by the families of murder victims. Or habeas reform proposal is badly needed to restore public confidence and ensure accountability to America's criminal justice system. Mr. President, while there is nothing we can do to alter the tragic bombing in Oklahoma City, the Congress should now adopt legislation to bolster our efforts to prevent heinous and cowardly acts of terrorism. The preamble to the U.S. Constitution clearly spells out the highest ideals of our system of government--one of which is to ensure domestic tranquility. The American people have a right to be safe in their homes and communities. I urge my colleagues to support this legislation to provide valuable assistance to our Nation's law enforcement in their dedicated efforts to uphold law and order. I yield the floor.

Mr. THURMOND

Mr. THURMOND. Mr. President, we have the greatest nation in the world. It has given us more freedom, more justice, more opportunity and more hope [[Page S7471]] than any nation has given its people in the history of the world. If we are going to keep it free, though, and enjoy freedom and democracy, we have to do at least two things: We have to keep a defense that is strong to protect us from our enemies. And the other thing is, we have to take steps to handle our finances correctly. We have not balanced this budget but once in 32 years, eight times in 64 years. We cannot keep on like this. I want to commend Senator Domenici, the chairman, for the great job he has done. I also commend the able Senator from Nebraska for how he has handled this bill on the floor. In addition I commend Senator Dole, for the leadership he provides. Mr. President, we must take steps to take care of our finances. If we do that, and protect our defense, we can continue as the greatest nation in the world. I hope we will take a step tonight toward putting our fiscal house in order, and pass this Budget Resolution. I thank the chair and yield the floor. Mr. DOLE addressed the Chair.

Mr. THURMOND

Mr. THURMOND. Mr. President, from the Committee on Armed Services, I report favorably the attached listing of nominations. These nominations are to lie on the Secretary's desk for the information of any Senator since these names have already appeared in the Records of May 23, and 24, 1995 and to save the expense of printing again.

Mr. THURMOND

Mr. THURMOND. Mr. President, I ask again, does the opposition have any speakers?

Mr. THURMOND. Mr. President, I yield 5 minutes to Senator Lott.

Mr. THURMOND. I will wait and let them speak.

Mr. THURMOND. Mr. President, I have been asked ``What do Americans expect of their Armed Force?'' I believe Americans expect a capable and ready force, ready to meet our Nation's security needs, able to safeguard our national interest and maintain our position as a world leader. The budget resolution from the Senator from New Mexico was a good effort. It required many hard decisions. The problem remains that the planned defense budget, as offered in the budget resolution, does not meet the needs of our Armed Forces or give us the ability to meet our global commitments. We live in a dangerous world. It is our responsibility not to repeat history and drastically reduce defense. This path will leave our forces in a dangerously unprepared state, and we will pay the price in the future. The international environment requires the United States to maintain a strong defense to deter aggression and maintain our vital interests. The Armed Services Committee has already received indications that the Defense Department is planning further end strength reductions to pay for needed modernization. The Bottom-Up Review described a minimum force, said to be necessary to support our military strategy. This review was not based on strategy. Force structure levels were too low, and the required modernization was mortgaged. Over the last year, the Armed Services Committee has continued to hear testimony concerning present and future readiness problems. Lack of funds is placing combat readiness in danger. The ability of our commanders in the field to maintain their forces is being jeopardized by an underfunded program. GAO and other sources have estimated shortfalls in defense to range from $20 billion to $150 billion over the next 6 years. Defense spending has been reduced every year since 1985, and as a percentage of gross domestic product is at pre-World War II levels. Modernization and procurement accounts remain at 50-year lows as modernization projects are continually pushed farther into the future or canceled all together. This is a trend that cannot continue. The defense budget, in the budget resolution, simply does not provide the minimum resources necessary to sustain our force or meet the Department's pressing needs. [[Page S7186]] At the same time, requirements for our service men and women have not decreased. Instead, contingency operations and other deployments have increased requirements for American forces, placing greater stress on our service members, family members, and their equipment. These deployments have a price and are taking a toll on our force readiness. We must support our forces and not cripple our Nation's defense. Our responsibility is to ensure that the bill for these funding shortfalls is not paid for by the sacrifice of men and women in our Armed Forces. These young Americans have been asked to live without proper housing and barracks, to make do with constrained training, and do without new systems and technology, because we cannot afford it. Quality-of-life programs have been ignored to support increasing operating tempos. Benefits are continually under review for further reductions. We should expect increasing recruiting and retention problems, if we do not support these young Americans who are serving our Nation. I am strongly in favor of cutting Federal spending and reducing the deficit, but we must meet our national security needs. The first responsibility of government is to provide for its defense. This amendment reverses a dangerous trend and provides for that commitment. It does not increase the deficit in Senator Domenici's budget resolution. The amendment improves the balance between current and future readiness. We provide for an adequate quality of life for service members and their families. We can take care of shortfalls in important new systems such as national and theater missile defense systems. We must not allow our Nation's defense needs to be decided by purely fiscal considerations. If we do, then sooner than we may realize, a bill is going to come due. Hopefully, that bill will not be paid with the lives of our service men and women, and great harm to the Nation. Mr. President, how much time is remaining?

Mr. THURMOND. Mr. President, I reserve the remaining 2 minutes. I yield to the Senator from Arizona, Mr. McCain.

Mr. THURMOND. Mr. President, before the Senate votes on this amendment, I want to be sure that my colleagues on both sides of the aisles understand the importance of this vote. If the Senate elects not to support an increase in defense spending, then the responsibility for underfunding defense for the last 2\1/2\ years will no longer rest with the administration. By accepting the Budget Committee recommendation to accept the administration's proposed defense budgets we, the Members of the Senate, must bear full responsibility for decreasing readiness and the lack of modernization in our Armed Forces. The Armed Services Committee has received a large number of letters requesting assistance and support for items in the defense budget or funds to be added in the authorization process. I want to make it clear that it will be very difficult to include any new programs or proposals that add money to existing defense programs without the increase in funds this amendment provides. Furthermore, resources to provide additional equipment for the National Guard and Reserves will not be available. Programs within the budget that are already at jeopardy such as the third Seawolf submarine are at greater risk without the increase this amendment provides. Mr. President, this is not a threat but reality. I hope all my colleagues will consider this amendment carefully and vote to provide the funds needed for an adequate defense for our Nation.

Mr. THURMOND. Mr. President, I yield Senator Nunn 5 minutes.

Mr. THURMOND. Mr. President, I yield 5 minutes to the distinguished Senator from New Hampshire.

Mr. THURMOND. Does the opposition have any speakers, Mr. President? Mr. President, we will have to charge time over there.

Mr. THURMOND. Mr. President, I ask for the yeas and nays.

Mr. THURMOND. I yield 3 minutes to Senator Warner.

Mr. THURMOND. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. THURMOND. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. THURMOND

Mr. THURMOND. Mr. President, for the Committee on Armed Services, I report favorably the attached listing of nominations. Those identified with a single asterisk (*) are to be placed on the Executive Calendar. Those identified with a double asterisk (**) are to lie on the Secretary's desk for the information of any Senator since these names have already appeared in the Congressional Record of April 24, May 2, and May 11, 1995, 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. *In the Air Force there are 42 appointments to the grade of brigadier general (list begins with Patrick O. Adams) (Reference No. 216) *In the Air Force there are 24 appointments to the grade of major general (list begins with Kurt B. Anderson) (Reference No. 217) *Major General Ronald V. Hite, USA to be lieutenant general (Reference No. 253) *Vice Admiral David M. Bennett, USN to be placed on the retired list in the grade of vice admiral (Reference No. 267) *Rear Admiral Harold M. Koenig, USN to be Chief of the Bureau of Medicine and Surgery and Surgeon General and to be vice admiral (Reference No. 283) *Lieutenant General Charles E. Dominy, USA to be placed on the retired list in the grade of lieutenant general (Reference No. 287) *Lieutenant General Joseph W. Ralston, USAF to be general (Reference No. 313) *Major General Ralph E. Eberhart, USAF to be lieutenant general (Reference No. 314) *Rear Admiral James R. Fitzgerald, USN to be vice admiral (Reference No. 318) *Brigadier General Sam C. Turk, USAR to be major general (Reference No. 338) **In the Marine Corps there are 300 promotions to the grade of lieutenant colonel (list begins with William E. Acker) (Reference No. 345) *Lieutenant General Malcolm B. Armstrong, USAF to be placed on the retired list in the grade of lieutenant general (Reference No. 356) *Major General Charles T. Robertson, Jr., USAF to be lieutenant general (Reference No. 357) *Lieutenant General Edwin E. Tenoso, USAF for reappointment to the grade of lieutenant general (Reference No. 358) **In the Air Force Reserve there are 2 appointments to the grade of lieutenant colonel (list begins with David R. Andrews) (Reference No. 359) **In the Marine Corps there are 472 appointments to the grade of lieutenant colonel and below (list begins with James C. Addington) (Reference No. 360) *Lieutenant General Ronald H. Griffith, USA to be Vice Chief of Staff of the Army and to be general (Reference No. 366) *General John H. Tilelli, Jr., USA for reappointment to the grade of general (Reference No. 367) *Major General George A. Fisher, Jr., USA to be lieutenant general (Reference No. 368) *Colonel James R. Helmly, USAR to be brigadier general (Reference No. 371) *In the Army Reserve there are 11 promotions to the grade of major general and below (list begins with John T. Crowe) (Reference No. 380) *Colonel Fletcher M. Lamkin, Jr., USA to be Dean of the Academic Board, United States Military Academy, and to be brigadier general (Reference No. 381) *Rear Admiral Brent M. Bennitt, USN to be vice admiral (Reference No. 382) **In the Army there are 1,152 promotions to the grade of lieutenant colonel (list begins with Scott L. Abbott) (Reference No. 383) Total: 2,020.

Mr. THURMOND

Mr. THURMOND. I thank the able Senator for his kindness. Mr. President, for the first time in many years, this Senate has before it a blueprint for balancing the budget and reducing the national debt. What a refreshing contrast this budget resolution is to the budgets proposed over the past 2 years by the President. Those budgets called for the largest tax increase in history, continued deficits, a significant increase in the debt, substantial growth in nondefense Government spending, and dangerous reductions in national defense spending. Mr. President, I support the overall direction of the proposed Senate budget resolution. I commend the chairman and members of the Senate Budget Committee for their efforts in bringing a resolution to the floor which controls entitlement spending, restrains the growth of Government, and eliminates annual deficits. The next step, while maintaining zero deficit budgets, is to reduce spending levels in order to lessen the tax burden on families and businesses of this Nation. If we are to have sustained economic growth, Government spending must be restrained. A balanced budget amendment and line-item veto authority would do much to bring about fiscal responsibility. While earlier this year the Senate failed to pass the balanced budget Amendment, I am hopeful that the Senate will pass that amendment this year. Mr. President, at the beginning of this debate, I stated that we have the greatest nation on Earth. It provides Americans more freedom, more justice, more opportunity, and more hope than any nation has provided any people in the history of the world. I repeat, this great country of ours will be in jeopardy unless we do at least two things. First, we must provide an adequate defense to protect ourselves against the enemies who would destroy democracy and freedom. Second, we must put our fiscal house in order. With regard to the level of defense spending in this budget resolution, I want to point out a few basic facts. The Budget Committee recommendation endorsed the President's budget submission for Defense. I remind my colleagues that the President's budget proposal was unanimously rejected by the Senate in an earlier vote. Discretionary funding for defense is reduced by $8 billion from 1995 to 1996 and continues on this downward slide through fiscal year 1998. It is only by fiscal year 2002 that the defense budget is brought back to its 1995 level. I am concerned that this reduced level of spending will not support the force structure or preserve our national security interests. The most recent request for defense supplemental appropriations should be an indication that the proposed budget will not support the required level of training, maintenance, operations and modernization. A part of our national defense requirement is to provide for those veterans who have served their country. Those who have fulfilled their obligation of citizenship must not be deserted. I am satisfied that this budget protects veterans' benefits and health care. I recognize that total nondefense discretionary spending is reduced in this budget resolution. However, I would submit to my colleagues that providing for the common defense of this Nation must be our highest priority. Other Senators may have different views on spending priorities. I can assure you that I will have more to say about defense spending, and I look forward to that debate in the near future. Further, Mr. President, this budget resolution is a good step in the effort to put our fiscal house in order. It provides for restrained growth in overall Government spending. Because spending grows at a lower rate than projected revenue increases, the deficit will be reduced each year, and will be finally eliminated in fiscal year 2002. This budget resolution provides for real deficit reduction without raising taxes. American families and businesses have carried a heavy tax burden to support the appetite of the Federal capital investment is punished, earnings of senior citizens are penalized, consumption is favored over savings, and America's families keep less and less of their earnings. This resolution says ``no'' to balancing the budget by additional taxes. Mr. President, critics of this budget continue to claim the resolution contains a tax cut for the wealthy paid for by cuts on the aged and poor. I will emphasize what has been stated many times on this floor--this resolution does not contain a tax cut. A reserve fund is established to protect what has been called the fiscal dividend. That fund can only be made available for tax reduction after passage of the reconciliation bill. In addition, the Congressional Budget Office must certify the amount of the dividend available for tax reduction. Mr. President, I am hopeful that there will be a dividend to apply to tax reduction and reform. Our tax system is not only an economic burden, but also an administrative nightmare. The aggravation level of the taxpayers of this country continues to rise. After bringing our budget into balance, we must work toward a fair and simplified tax structure. Mr. President, I would like to comment on this budget's treatment of various programs which I would categorize as economic security items. This resolution provides for increased spending for Medicaid, Medicare, other health programs, various income security programs, and Social Security. It does not abandon this Nation's longstanding tradition of helping those who are truly in need or cannot care for themselves. Finally, funding for administration of justice also increases in this budget. Additional funds are provided for the violent crime reduction trust fund and other Federal law enforcement functions. Mr. President, the Framers of our Constitution clearly established the priorities of our National Government. While we have adapted to meet current needs and circumstances, the underlying principles remain constant--to provide for our common defense, establish justice, and promote the general welfare. While this budget resolution is not perfect, it puts us on a course to reap the promises of this Nation: liberty for ourselves and our posterity. As Thomas Jefferson once said, ``And to preserve their independence, we must not let our rulers load us with perpetual debt. We must make our election between economy and liberty, or profusion and servitude.'' Mr. President, the choice for us is clear--let us choose economy and liberty. I thank the Chair and yield the floor. Mr. EXON addressed the Chair.

Mr. THURMOND

Mr. THURMOND. Mr. President, I want to commend the able Senator from Texas for the excellent remarks she just made. We have the greatest nation in the world. It provides Americans more freedom, more justice, more opportunity, and more hope than any nation has provided any people in the history of the world. This great country of ours can be in jeopardy unless we do at least two things. We must provide an adequate defense to protect this country. That is essential. We must protect ourselves against the enemies who will destroy democracy and freedom in this world. The next is, we must have a sound financial system. We have not balanced this budget but one time in 32 years. Eight times in 64 years. That can bring destruction. We are not being fair to our children, our grandchildren, and future generations. We must take steps to balance this budget. I hope that we pass a budget this year, pass it now, that will take steps to bring sanity to this country's finances. I love this country. I want to do everything I can to preserve it. We can preserve it if we stop this big spending. We have been spending more than we have been taking in for all these years. We have to stop it and stop it now.

Mr. THURMOND. I wish to thank the able Senator from Texas for her kind remarks.

Mr. THURMOND

Mr. THURMOND. Mr. President, for the Committee on Armed Services, I report favorably the attached listing of nominations. Those identified with a single asterisk (*) are to be placed on the Executive Calendar. Those identified with a double asterisk (**) are to lie on the Secretary's desk for the information of any Senator since these names have already appeared in the Records of March 23, March 30, April 3, April 24, and May 2, 1995, 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 rise today to introduce a bill today to direct that the vessel Prime Time, official number 660944, be accorded coastwise trading privileges and be issued a coastwise endorsement under 46 U.S.C. sections 12106, 12107 and 12108. This vessel was purchased in 1994 by Everett Ballenger of Columbia, SC, to provide charters from Hilton Head Island, SC. This chartering business was to be Mr. Ballenger's sole livelihood. Because the vessel was foreign built, it did not meet the requirements for coastwise trading privileges in the United States. When Mr. Ballenger sold his home to buy this vessel from a broker in Baltimore, he was unaware that it could not be legally used for its intended purpose. Therefore, Mr. Ballenger is thus seeking a waiver of the existing law because he wishes to use the vessel for charters. If he is granted this waiver, he intends to comply fully with U.S. documentation and safety requirements. The purpose of the legislation I am introducing is to allow the Prime Time to engage in the coastwise trade and fisheries of the United States. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I ask unanimous consent to speak as in morning business.

Mr. THURMOND

Mr. THURMOND. Mr. President, I urge my colleagues to support this legislation. Further, I ask unanimous consent that the text of this bill be printed in the Congressional Record.

Mr. THURMOND. In many respects, the heritage corridor forms a microcosm of the lower South and its history. In the upper region of the corridor, during the 1750's and 1760's, settlers and migrants came in search of rich lands. This area became a center of cotton and agricultural production. As westward lands opened up for settlement, it was a major jumping off point for migration during the antebellum years. Significant events in the industrial and transportation history of the South took place in the corridor. Graniteville was the birthplace of the southern textile industry. It is the site of the first large- scale cotton mill in the South, built in 1845. This became one of the most important manufacturing centers in the pre-Civil-War South, a model for the textile industry. Located on one of the South's major cotton routes, it remains a textile center today. To accommodate the westward moving cotton crop, South Carolina [[Page S6806]] merchants built the Charleston to Hamburg railroad, the longest railroad in the Nation in 1832. The corridor also contains precious natural resources. The Francis Beidler Forest contains the largest remaining virgin stand of bald cyprus and tupelo trees in the world. Additionally, the Cathedral Bay Heritage Wildlife Preserve contains unique geological features known as the Carolina Bays. These oval depressions in the earth, the origin of which remains a mystery, hold black water lakes. The significant riverine and estuarine systems of the ACE Basin form an ecologically diverse area which contains rare plants and serves as a wildlife and waterfowl habitat. Finally, Mr. President, located within the corridor are numerous historical sites and national historic landmarks. For example, Middleton Place, on the banks of the Ashley River is an 18th century plantation and the site of America's oldest landscaped gardens. It has survived revolution, civil war, and natural disasters. It was home to Henry Middleton, President of the Continental Congress and his son, Arthur, a signer of the Declaration of Independence. Battlefields of both the Revolutionary War and of the Civil War are located in the corridor. Of great historical significance is the Burt-Stark House in Abbeville. At this site, less than a month after General Lee's surrender at Appomattox, the President of the Confederate States of America, Jefferson Davis, counseled with his generals on the conduct of the war. A decision was reached at this meeting to disband the Armies of the Confederacy. Mr. President, these are just a few examples of the richness of this corridor. The corridor has much more to offer; much that reminds us of where we have been as a nation and where we are today. These and other attractions are representative of the merging of several cultures along the corridor--African, Caribbean, European, and native American. This legislation will assist the communities throughout the heritage corridor who are committed to the conservation and development of these assets. Mr. President, the effort to establish a heritage corridor in South Carolina has broad support. The Governor of South Carolina, David Beasley, supports this endeavor. Various State agencies are working on this project, continuing the efforts which began under the direction of our former Governor, Carroll Campbell. I ask unanimous consent that a letter of support from Governor Beasley be printed in the Record.