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Congressional Record—Senate S1945 March 5, 1997 CONGRESSIONAL RECORD — SENATE S1945 John Tower. (The FBI summary consists of The documents we will provide are ex- AMENDMENT NO. 19 the following parts: (1) summary memo- tremely sensitive. Their disclosure could (Purpose: To require Congressional approval randum (undated [December 13, 1988]); (2) jeopardize the privacy interests of Senator before any international trade agreement summary memorandum (December 23, 1988); Tower and others, the confidentiality of FBI that has the effect of amending or repeal- (3) summary memorandum (undated [Janu- sources, the FBI’s ability to conduct back- ing statutory law of the United States law ary 6, 1989]); (4) summary memorandum (Jan- ground investigations, and our ability to re- can be implemented in the United States) uary 13, 1989); (5) summary memorandum cruit qualified candidates for positions of The PRESIDING OFFICER. The (undated [January 25, 1989]); (6) summary governmental service. Therefore, I am memorandum (February 8, 1989); and (7) sum- clerk will report. pleased that we have agreed on ground rules The assistant legislative clerk read mary of the ongoing investigation not yet for Committee access that suit our purposes completed by the FBI.) Since these docu- and yours. The enclosed Terms of Access sets as follows: ments are the property of the Executive forth the procedures for access, custody, The Senator from South Carolina [Mr. branch and involve extremely sensitive in- storage, and return to the Executive branch HOLLINGS] proposes an amendment numbered formation, they will be made available only of the FBI background summary. With this 19. through the Office of Senate Security lo- understanding, we are prepared to deliver On page 2, after line 8, insert the following: cated at Room S–407, United States Capitol. copies of these documents to your Com- SEC. 2. CONGRESSIONAL APPROVAL OF CERTAIN TRADE AGREEMENTS REQUIRED. Only Senators on the SASC and not more mittee immediately. than 6 designated SASC staff members (as No international trade agreement which I believe that this understanding will make determined and designated by the Chairman, would in effect amend or repeal statutory it possible for the Committee to proceed ex- SASC, and the Ranking Minority Member) law of the United States law may be imple- peditiously on this nomination once the FBI and designated members of the Executive mented by or in the United States until the has completed its investigation. branch shall be granted access to these docu- agreement is approved by the Congress. ments at this location. The names of the des- Sincerely, C. BOYDEN GRAY, The PRESIDING OFFICER. The ignated staff members shall be provided, in Chair announces there are 3 hours writing, to the Counsel to the President Counsel to the President. equally divided on the amendment by prior to their being given access to the docu- Mr. LEVIN. Mr. President, I suggest ments; and the names of the Executive the absence of a quorum. the Senator from South Carolina. The Senator from South Carolina. branch officials shall be provided, in writing, The PRESIDING OFFICER. The to the Chairman, SASC, prior to their access Mr. HOLLINGS. I thank the distin- at this location. A record of all persons using clerk will call the roll. guished Chair. Mr. President, I ask these documents in Room S–407 shall be The assistant legislative clerk pro- that the distinguished senior Senator maintained. ceeded to call the roll. from North Carolina [Mr. HELMS] be Access to these documents will be limited Mr. MCCAIN. Mr. President, I ask added also as a cosponsor of the amend- to Senators on the SASC and the 6 des- unanimous consent that the order for ment. ignated SASC staff members. These docu- the quorum call be rescinded. ments may be reviewed in Room S–407 only; The PRESIDING OFFICER. Without no additional copies may be made; and no The PRESIDING OFFICER. Without objection, it is so ordered. documents may be removed. Any notes de- objection, it is so ordered. Mr. HOLLINGS. Mr. President, the rived from these documents shall be treated amendment that has just been read is as sensitive and shall be used only in connec- f so simple, so fundamental. I am heark- tion with the Committee’s Executive Session ening to our new Members of the U.S. deliberations (and vote). At the conclusion of Senate, just in January, a few weeks the Committee’s deliberations (and vote), WAIVING CERTAIN PROVISIONS OF any notes shall be destroyed or considered THE TRADE ACT RELATING TO ago, ‘‘I hereby pledge to support and part of the FBI documents for purposes of THE APPOINTMENT OF THE U.S. defend the Constitution of the United this Agreement. TRADE REPRESENTATIVE States.’’ Within 14 days of the conclusion of the This is constitutional language, that Committee’s deliberations (and vote) on Sen- The PRESIDING OFFICER (Mr. no international agreement that ator Tower’s nomination, these documents GREGG). Under the previous order, the would, in effect, amend or repeal statu- will be returned to the Counsel to the Presi- clerk will report Senate Joint Resolu- tory law can be implemented until ap- dent unless another agreement has been tion 5. reached with the Senate leadership. proved by the Congress. Under the Con- The assistant legislative clerk read stitution, article 1, section 8, it is the SAM NUNN, as follows: Chairman, Senate duty of the Congress to regulate for- Armed Services Com- A joint resolution (S.J. Res. 5) waiving cer- eign commerce—not the executive mittee. tain provisions of the Trade Act of 1974 relat- branch; not the executive branch. JOHN WARNER, ing to the appointment of the United States Obviously, to really change the law Ranking Minority Trade Representative. you would have to have three readings Member. The Senate proceeded to consider the in the House and three readings in the C. BOYDEN GRAY, joint resolution. Senate and signed by the President. Counsel to the Presi- The PRESIDING OFFICER. Who dent. The fact that this amendment, which I yields time? tried to make as clearcut and as prin- THE WHITE HOUSE, Mr. MCCAIN. Mr. President, I believe cipled as it possibly could be, where Washington, DC, February 14, 1989. under the unanimous-consent agree- there would be no confusion, has been Hon. SAM NUNN, ment the amendment by Senator HOL- so vigorously opposed by the White Chairman, Committee on Armed Services, U.S. LINGS is in order at this time. House and certain ones in Congress Senate, Washington, DC. The PRESIDING OFFICER. The Sen- that there is no doubt in my mind that DEAR MR. CHAIRMAN: With respect to our ator is correct. The Senator from conversation last Friday regarding access by with respect to foreign trade, with re- the Senate Armed Services Committee to South Carolina. spect to global competition, we are in the Federal Bureau of Investigation’s (FBI) Mr. HOLLINGS. Mr. President, as I the hands of the Philistines, we are in summary of its background investigation of understand, the pending business is the hands of the multinationals. Rath- Senator Tower in connection with his nomi- that I send to the desk an amendment er than the Congress controlling the nation as Secretary of Defense, I am grati- to the waiver amendment of the com- multinationals and international fied that we have now reached an under- mittee; is that at the desk? trade, the multinationals, by this ini- standing on the way in which we will pro- The PRESIDING OFFICER. The ceed. tiative, are controlling the Congress. I believe the fact that all of the Commit- Chair would observe that the desk does What is the initiative? Well, they tee’s subsequent deliberations involving the not have the amendment. could not find any language to amend FBI summary on Senator Tower’s nomina- Mr. MCCAIN. The waiver amendment my amendment. They could not find tion will occur during Executive Session is the pending business. What is not at anybody to really object to it. What only, that this nomination has significant the desk is the amendment of the Sen- they did do, then, was to say, well, we national security implications, and the ator from South Carolina to the waiv- will get some letters written—inciden- unique nature of the allegations concerning Senator Tower warrant a one-time-only ex- er. tally, by people who had nothing to do ception to the procedures governing access The PRESIDING OFFICER. The ob- with this particular part of the tele- to FBI background investigations by Com- servation by the Senator from Arizona communications bill—and the com- mittee members. is correct. ments were that Mr. ARCHER of the VerDate Mar 15 2010 21:56 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S05MR7.REC S05MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1946 CONGRESSIONAL RECORD — SENATE March 5, 1997 Ways and Means Committee over on for this particular approach—I don’t So I talked to Ambassador Kantor at the House side then sends a letter on know where he is now, but I am check- that particular time, back in 1995, and the one hand, saying that he would ing him. I quote Mr. Hunt: Senator BYRD wrote a letter on April 3, blue slip this particular appointment of I am concerned about the prospects of for- 1995. And, again, Ambassador Kantor, Barshefsky in that the Hollings amend- eign monopolies being able to buy into our the United States Trade Representa- ment would involve revenues. markets while they are still monopolizing tive, came forward with his letter and You know that is not going to hap- their home markets. And as global media de- acknowledged the law.
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