E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, MAY 22, 2003 No. 77 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING the distinguished Democratic whip who called to order by the Honorable JOHN PRESIDENT PRO TEMPORE is here on the floor with me this morn- E. SUNUNU, a Senator from the State of The PRESIDING OFFICER. The ing, the bill of the Armed Services New Hampshire. clerk will please read a communication Committee made remarkable progress. The PRESIDING OFFICER. Today’s to the Senate from the President pro Through the night, the staff on both prayer will be offered by the guest tempore (Mr. STEVENS). sides prepared another significant col- Chaplain, Rev. Kim Swithinbank of The legislative clerk read the fol- lection of amendments which will soon The Falls Church, Falls Church, VA. lowing letter: be brought to the Senate for clearance. When the Senate resumes consider- U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, ation of the bill today, the Murray Washington, DC, May 22, 2003. amendment will be laid aside, and Sen- The guest Chaplain offered the fol- To the Senate: ator DASCHLE, or his designee, will be lowing prayer: Under the provisions of rule I, paragraph 3, recognized to call up amendment No. Almighty God and Heavenly Father, of the Standing Rules of the Senate, I hereby 791 regarding the Department of the You alone rule the nations of the appoint the Honorable JOHN E. SUNUNU, a Air Force. world. In Your perfect timing and wis- Senator from the State of New Hampshire, For the information of all Senators, dom, You raise up leaders and You to perform the duties of the Chair. amendments are expected throughout bring them down. You entrust power TED STEVENS, President pro tempore. the day, and therefore rollcall votes and authority into their hands, and one will occur as designated by the leader- day You will call them to account for Mr. SUNUNU thereupon assumed the ship. It is the managers’ hope—and, in- their stewardship of these gifts. In Chair as Acting President pro tempore. deed, I may say from the Chaplain’s light of this, we are conscious of the f prayer—that this bill will be con- awesome responsibility that You have RECOGNITION OF THE ACTING cluded, hopefully, by midday today. entrusted to our Nation at this time in MAJORITY LEADER I know of several amendments on the history of Your world. both sides which I believe we can work Therefore, we pray for all who lead The ACTING PRESIDENT pro tem- our way through. Some of them require and hold high office in this land, espe- pore. The Senator from Virginia is rec- the attention of the Senate, of course, cially for the Members of this Senate, ognized. with a rollcall vote. that You would give them Your ‘‘Spirit f With that, I yield the floor. of wisdom and understanding, of coun- THE GUEST CHAPLAIN sel and might, of knowledge and the f fear of the Lord,’’ that their delibera- Mr. WARNER. Mr. President, first, I RECOGNITION OF THE ACTING tions and decisions would be godly, wish to say how pleased I am to recog- MINORITY LEADER righteous and pure. nize our guest Chaplain for the day, As the eyes of many are on this Na- who is now preaching the gospel in the The ACTING PRESIDENT pro tem- tion, may its leaders govern in such a Commonwealth of Virginia, and with pore. The assistant Democratic leader manner that results in peace with jus- roots to Great Britain, a nation which is recognized. tice, and that provides a model for a has been our ally for over 200 years Mr. REID. Mr. President, as we spoke watching world. We ask these prayers after we settled a mild difference in last night as we were leaving, it in the mighty name of Jesus, the King 1776. But I must say that his message seemed to me the only hurdle left was of Kings, and Lord of Lords. Amen. was most appropriate for the day. The what we were going to do about the magnificent way in which he delivered amendment offered by the distin- that message, I felt as if it reverber- f guished Senator from Washington. She ated through the rafters because of the has offered this amendment 7 years in resonance of that powerful voice. We a row. We have had a straight up-or- PLEDGE OF ALLEGIANCE welcome him. down vote on this amendment 7 years The Honorable JOHN E. SUNUNU led f in a row. It seems to me that would be the Pledge of Allegiance, as follows: the way to handle this matter, which, SCHEDULE I pledge allegiance to the Flag of the of course, is controversial, as are many United States of America, and to the Repub- Mr. WARNER. Mr. President, last other amendments on this very bill. lic for which it stands, one nation under God, evening, owing to the great help of Once we get through that—if, in fact, indivisible, with liberty and justice for all. many persons, not the least of whom is we do get through it, and it could hold

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6891

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VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6892 CONGRESSIONAL RECORD — SENATE May 22, 2003 up the bill for an indefinite period of struction, and for defense activities of the The PRESIDING OFFICER (Ms. MUR- time—we have very few matters left on Department of Energy, to prescribe per- KOWSKI). The clerk will call the roll. this side. sonnel strengths for such fiscal year for the The legislative clerk proceeded to I have not been able to determine Armed Forces, and for other purposes. call the roll. from the managers if they have been Pending: (Mr. FITZGERALD assumed the Chair.) able to clear the Landrieu amendment. Murray Amendment No. 691, to restore a Mr. WARNER. Mr. President, I ask We were concerned about the Biden previous policy regarding restrictions on use unanimous consent that the order for amendment and the Dodd amendment. of Department of Defense medical facilities. the quorum call be rescinded. I think that is about all we have The ACTING PRESIDENT pro tem- The PRESIDING OFFICER (Mr. GRA- other than the Boxer amendment, pore. Under the previous order, the HAM of South Carolina). Without objec- which is going to be debated sometime pending amendment is set aside. tion, it is so ordered. today. The Senator from Nevada. Mr. WARNER. Mr. President, I first She has agreed to take a short time AMENDMENT NO. 791 express to colleagues in the Senate our on that. Mr. REID. Mr. President, I call up appreciation for their patience. We The end is in sight. But knowing the amendment number 791. have achieved remarkable results, in Senate as I do, the simple fact that the The ACTING PRESIDENT pro tem- my judgment, under the guidance of end is in sight doesn’t mean that we pore. The clerk will report. the distinguished Democratic whip and will ever get there. The legislative clerk read as follows: the Republican whip on this side, help- I hope we can resolve the Boxer mat- The Senator from Nevada [Mr. REID], for ing the two managers. ter and the Murray matter rapidly. Mr. DASCHLE and Mr. JOHNSON, proposes an Mr. President, my colleague Senator Having done that, I think we will pro- amendment No. 791. LEVIN and I wish to turn to a package ceed through this bill quite quickly. Mr. REID. Mr. President, I ask unan- of some 30 agreed-upon amendments. Mr. WARNER. Mr. President, if I imous consent that reading of the At the conclusion of that, we will en- might ask the distinguished leader and amendment be dispensed with. tertain a unanimous consent request ranking member, we are prepared to The PRESIDING OFFICER. Without which should pretty well keep us in accept the offer made last night with objection, it is so ordered. motion here. regard to time on the Boxer amend- The amendment is as follows: AMENDMENT NO. 804 ment. (Purpose: To set aside an amount for recon- Mr. WARNER. Mr. President, I offer Mr. REID. We would still be willing stituting the B–1B bomber aircraft fleet of an amendment on behalf of Senator the Air Force) to do that. The Senator from California SMITH which will authorize land ex- On page 21, after line 20, insert the fol- change at the Naval and Marine Corps has indicated, if the Chair will allow lowing: me to speak to the Senator from Vir- Reserve Center in Portland, OR. SEC. 132. B–1B BOMBER AIRCRAFT. ginia, that she is agreeable to take an The PRESIDING OFFICER. Without (a) AMOUNT FOR AIRCRAFT.—(1) Of the objection, the pending amendments are hour evenly divided on her amendment. amount authorized to be appropriated under Mr. WARNER. Mr. President, we are laid aside. section 103(1), $20,300,000 shall be available to The clerk will report. prepared to accept that. reconstitute the fleet of B–1B bomber air- The legislative clerk read as follows: Mr. REID. Mr. President, the Senator craft through modifications of 23 B–1B bomb- The Senator from Virginia [Mr. WARNER], from Washington waited for hours last er aircraft otherwise scheduled to be retired in fiscal year 2003 that extend the service life for Mr. SMITH, proposes an amendment num- night during the parliamentary wran- bered 804. gle that we had. I think we are willing of such aircraft and maintain or, as nec- essary, improve the capabilities of such air- The amendment is as follows: to enter into that time agreement. I craft for mission performance. (Purpose: To authorize a land exchange, think we first have to dispose of the (2) The Secretary of the Air Force shall Naval and Marine Corps Reserve Center, Murray amendment before we agree to submit to the congressional defense commit- Portland, Oregon) that. Under the order, we have to work tees a report that specifies the amounts nec- At the end of subtitle C of title XXVIII, on the Daschle amendment. As soon as essary to be included in the future-years de- add the following: fense program to reconstitute the B–1B we complete that, I think we should SEC. 2825. LAND EXCHANGE, NAVAL AND MARINE dispose of the Murray amendment be- bomber aircraft fleet of the Air Force. CORPS RESERVE CENTER, PORT- (b) ADJUSTMENT.—(1) The total amount au- LAND OREGON. fore we go to the Boxer amendment. thorized to be appropriated under section Mr. WARNER. Mr. President, will the (a) CONVEYANCE AUTHORIZED.—The Sec- 103(1) is hereby increased by $20,300,000. retary of the Navy may convey to the United Senator enter into an agreement with (2) The total amount authorized to be ap- Parcel Service, Inc. (in this section referred the chairman for a one-hour time propriated under section 104 is hereby re- to as ‘‘UPS’’), any or all right, title, and in- agreement on the Boxer amendment duced by $20,300,000, with the amount of the terest of the United States in and to a parcel which does not preclude an amendment reduction to be allocated to SOF operational of real property, including improvements in the second degree? enhancements. thereon, consisting of approximately 14 acres Mr. REID. Not at this time, we would Mr. WARNER. Mr. President, if I in Portland, Oregon, and comprising the not. I think we need to dispose of the could have the attention of the distin- Naval and Marine Corps Reserve Center for Murray amendment one way or the guished leader and ranking member, the purpose of facilitating the expansion of my understanding is that amendment the UPS main distribution complex in Port- other. Once we do, I think we can work land. something out on the Boxer amend- requires a further amendment, and (b) PROPERTY RECEIVED IN EXCHANGE.—(1) ment. then it is in an acceptable form. Am I As consideration for the conveyance under f not correct? subsection (a), UPS shall— Mr. LEVIN. If I could ask the Sen- (A) convey to the United States a parcel of RESERVATION OF LEADER TIME ator to yield, it is my understanding real property determined to be suitable by The ACTING PRESIDENT pro tem- that the amendment has been agreed to the Secretary; and pore. Under the previous order, leader- but the paperwork has not yet been (B) design, construct, and convey such re- completed to accomplish the agree- placement facilities on the property con- ship time is reserved. veyed under subparagraph (A) as the Sec- f ment. retary considers appropriate. Mr. REID. If the Chair would allow NATIONAL DEFENSE AUTHORIZA- (2) The value of the real property and re- me, Senator DASCHLE agreed to the placement facilities received by the Sec- TION ACT FOR FISCAL YEAR 2004 modification of the amendment. That retary under this subsection shall be at least The ACTING PRESIDENT pro tem- could be handled either later today or equal to the fair market value of the real pore. Under the previous order, the in the managers’ package. property conveyed under subsection (a), as Senate will resume consideration of S. Mr. WARNER. Mr. President, I thank determined by the Secretary. (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) 1050, which the clerk will report. the distinguished leader. Perhaps in The Secretary may require UPS to cover The legislative clerk read as follows: the course of the debate this morning costs to be incurred by the Secretary, or to A bill (S. 1050) to authorize appropriations we can reach that agreement quickly. reimburse the Secretary for costs incurred for fiscal year 2004 for military activities of Mr. REID. Mr. President, I suggest by the Secretary, to carry out the convey- the Department of Defense, for military con- the absence of a quorum. ance under subsection (a), including survey

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6893 costs, costs related to environmental docu- SEC. 2825. LAND CONVEYANCE, FORT RITCHIE, Mr. LEVIN. There is no objection. mentation, relocation expenses incurred MARYLAND. The PRESIDING OFFICER. The under subsection (b), and other administra- (a) CONVEYANCE AUTHORIZED.—The Sec- amendment is agreed to. retary of the Army shall convey, without tive costs related to the conveyance. If The amendment (No. 707), as modi- amounts are collected from UPS in advance consideration, to the PenMar Development of the Secretary incurring the actual costs, Corporation, a public instrumentality of the fied, was agreed to. and the amount collected exceeds the costs State of Maryland (in this section referred to Mr. WARNER. Mr. President, I move actually incurred by the Secretary to carry as the ‘‘Corporation’’), all right, title, and to reconsider the vote. out the conveyance, the Secretary shall re- interest of the United States in and to a par- Mr. LEVIN. I move to lay that mo- fund the excess amount to UPS. cel of real property, including improvements tion on the table. (2) Amounts received as reimbursement thereon, at former Fort Ritchie, Cascade, The motion to lay on the table was under paragraph (1) shall be credited to the Maryland, consisting of approximately 33 agreed to. fund or account that was used to cover the acres, that is currently being leased by the costs incurred by the Secretary in carrying International Masonry Institute (in this sec- AMENDMENT NO. 791, AS MODIFIED out the conveyance. Amounts so credited tion referred to as the ‘‘Institute’’), for the Mr. LEVIN. Mr. President, I offer a shall be merged with amounts in such fund purpose of enabling the Corporation to sell modified amendment on behalf of Sen- or account, and shall be available for the the property to the Institute for the eco- ator DASCHLE that would add an addi- same purposes, and subject to the same con- nomic development of former Fort Ritchie. tional $20.3 million for B–1B bomber ditions and limitations, as amounts in such (b) EXEMPTION FROM FEDERAL SCREENING modifications. I believe it has been REQUIREMENT.—The conveyance authorized fund or account. cleared on both sides. (d) CONDITION OF CONVEYANCE.—The Sec- by subsection (a) shall be exempt from the retary may not make the conveyance au- requirement to screen the property con- The PRESIDING OFFICER. Does the thorized by subsection (a) until the Sec- cerned for further Federal use pursuant to Senator intend this to be a modifica- retary determines that the replacement fa- section 2696 of title 10, United States Code, tion of the pending Daschle amend- cilities required by subsection (b) are suit- under the Defense Base and Realignment Act ment? able and available for the relocation of the of 1990 (part A of title XXIX of Public Law Mr. LEVIN. I am not sure I can hear operations of the Naval and Marine Corps 101–510; 10 U.S.C. 2687 note) or under any the Chair. Reserve Center. other applicable law or regulation. The PRESIDING OFFICER. Does the (e) EXEMPTION FROM FEDERAL SCREENING.— (c) DESCRIPTION OF PROPERTY.—The exact The conveyance authorized by subsection (a) acreage and legal description of the real Senator from Michigan intend this to is exempt from the requirement to screen property to be conveyed under subsection (a) be a modification of the pending the property for other Federal use pursuant shall be determined by a survey satisfactory Daschle amendment? to sections 2693 and 2696 of title 10, United to the Secretary. The cost of the survey Mr. LEVIN. We do. States Code. shall be borne by the Corporation. The PRESIDING OFFICER. The (f) DESCRIPTION OF PROPERTY.—The exact (d) ADDITIONAL TERMS AND CONDITIONS.— clerk will report. acreage and legal description of the property The Secretary may require such additional The legislative clerk read as follows: to be conveyed under this section shall be de- terms and conditions in connection with the termined by surveys satisfactory to the Sec- conveyance under subsection (a) as the Sec- The Senator from Michigan [Mr. LEVIN] retary. retary considers appropriate to protect the proposes an amendment numbered 791, pre- viously proposed by the Senator from Ne- (g) ADDITIONAL TERMS AND CONDITIONS.— interests of the United States. The Secretary may require such additional vada, Mr. REID, for Mr. DASCHLE, as modi- The PRESIDING OFFICER. If there fied. terms and conditions in connection with the is no further debate, without objection, conveyances under this section as the Sec- The amendment is as follows: retary considers appropriate to protect the the amendment is agreed to. The amendment (No. 805) was agreed (Purpose: To set aside an amount for recon- interests of the United States. stituting the B–1B bomber aircraft fleet of Mr. LEVIN. Mr. President, we have to. the Air Force) Mr. LEVIN. Mr. President, I move to no objection to this amendment. On page 21, after line 20, insert the fol- The PRESIDING OFFICER. If there reconsider the vote. lowing: Mr. WARNER. I move to lay that mo- is no further debate, without objection, SEC. 132. B–1B BOMBER AIRCRAFT. tion on the table. the amendment is agreed to. (a) AMOUNT FOR AIRCRAFT.—(1) Of the The amendment (No. 804) was agreed The motion to lay on the table was amount authorized to be appropriated under to. agreed to. section 103(1), $20,300,000 may be available to Mr. WARNER. Mr. President, I move AMENDMENT NO. 707, AS MODIFIED reconstitute the fleet of B–1B bomber air- to reconsider the vote. Mr. WARNER. On behalf of Senator craft through modifications of 23 B–1B bomb- Mr. LEVIN. I move to lay that mo- INHOFE, I offer an amendment that sup- er aircraft otherwise scheduled to be retired ports Army research and development in fiscal year 2003 that extend the service life tion on the table. of such aircraft and maintain or, as nec- The motion to lay on the table was funding for human tissue engineering. essary, improve the capabilities of such air- agreed to. It has been cleared on both sides. craft for mission performance. AMENDMENT NO. 805 The PRESIDING OFFICER. The (2) The Secretary of the Air Force shall Mr. LEVIN. I offer an amendment on clerk will report. submit to the congressional defense commit- behalf of Senator SARBANES that would The legislative clerk read as follows: tees a report that specifies the amounts nec- provide for the conveyance of 33 acres The Senator from Virginia [Mr. WARNER], essary to be included in the future-years de- fense program to reconstitute the B–1B of land in Fort Ritchie, MD. for Mr. INHOFE, proposes an amendment numbered 707, as modified. bomber aircraft fleet of the Air Force. The PRESIDING OFFICER. Without (b) ADJUSTMENT.—(1) The total amount au- objection, the pending amendments are The amendment is as follows: thorized to be appropriated under section set aside. (Purpose: To add an amount of Army RDT&E 103(1) is hereby increased by $20,300,000. Mr. LEVIN. Mr. President, I ask funding for human tissue engineering, and (2) The total amount authorized to be ap- unanimous consent that the pending to provide offsets within the same author- propriated under section 104 is hereby re- amendment be laid aside for all the ization of appropriations) duced by $20,300,000, with the amount of the amendments which Senator WARNER On page 25, between lines 11 and 12, insert reduction to be allocated to SOF operational and I will now be offering. the following: enhancements. The PRESIDING OFFICER. Without SEC. 213. HUMAN TISSUE ENGINEERING. Mr. DASCHLE. Mr. President, the objection, it is so ordered. (a) AMOUNT.—Of the amount authorized to Senate will soon adopt a new national The clerk will report. be appropriated under section 201(1), Defense authorization bill. I commend $1,700,000 may be available in PE 0602787 for Senators WARNER and LEVIN, the dis- The legislative clerk read as follows: human tissue engineering. The total amount The Senator from Michigan [Mr. LEVIN], authorized to be appropriated under section tinguished managers of this bill, for for Mr. SARBANES, proposes an amendment 201(1) is hereby increased by $1,700,000. their excellent work. They have numbered 805. (b) OFFSETS.—Of the amount authorized to worked well together on an important The amendment is as follows: be appropriated under section 301(4) for oper- piece of legislation. (Purpose: To provide for the conveyance of ations and maintenance, Air Force, is hereby This crucial legislation, the fiscal land at Fort Ritchie, Maryland) reduced by $1,700,000. year 2004 National Defense authoriza- On page 370, between lines 15 and 16, insert The PRESIDING OFFICER. Is there tion bill, provides funds for our troops, the following new section: debate on the amendment? their training, and their equipment.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6894 CONGRESSIONAL RECORD — SENATE May 22, 2003 Coming as it does on the heels of the funding would launch a multiyear pro- process of implementing its plan to re- end of the fighting in Iraq, it also pro- gram to provide these 23 planes the tire all but 60 B–1s, this is despite a vides the Senate with its first oppor- same capabilities as the rest of the B– U.S. Air Force White Paper on Long tunity to act on some of the lessons we 1 fleet. Range Bombers that determined it was have learned in that conflict. To begin with, these planes would re- in our national security interests to Although the hostilities ended a quire the Block E upgrade to B–1 offen- maintain the full B–1 fleet. Further- short time ago and much more needs to sive systems that almost all of our B– more, since the Pentagon announced be done in Iraq, I do not believe it is 1 fleet has already received. Additional its decision to consolidate the fleet, premature to begin drawing some con- assorted upgrades will also be required, the B–1s have been instrumental in the clusions about which forces and equip- and my amendment would begin that military success of both Operation En- ment performed well. Based on the work—configuration to accommodate during Freedom and Operation Iraqi Pentagon’s assessments as well as towed decoys, installation of new Freedom. media reports, it appears the B–1B air- datalink capabilities, and modifica- Given the demonstration of its craft and their crews performed mag- tions to improve the dependability and unique capabilities in both these cam- nificently. capability of the plane’s electronic paigns, it makes little sense to con- Just as in Afghanistan, we had few countermeasure system and its central tinue forward with the retirement of air bases in adjacent countries. Fortu- integrated test system. one-third of the B–1 fleet. With the nately the B–1’s long operating range Finally, my amendment would re- funding provided in the Daschle-John- overcame that problem. Just as in Af- quire the Air Force to report back to son amendment, and planned increases ghanistan, our air tankers were strain- congressional defense committees on in the Air Force’s budget in future ing to keep up the demand for midair additional funding requirements need- years, additional modernized B–1s refueling—but B–1s were part of the so- ed in the Future Years Defense Plan, could enter service in fiscal year 2005. lution, with their ability to cover long (FYDP) to fully restore these aircraft The B–1’s ability to carry a large pay- distances and strike 24 targets on a sin- to operational levels. load of satellite guided weapons and to strike from long distances will make it gle mission. Just as in Afghanistan, we This is our last chance to halt the re- an important part of our Nation’s de- needed the ability to carry out strikes tirement of B–1s, since many are sched- uled to be sent to Arizona by the end of fense for many years. around the clock, on a moment’s no- Mr. President, I encourage my col- this fiscal year. In light of what we tice, regardless of weather conditions leagues to support the long-term via- and B–1s did the job, day after day, know now about the hasty manner in bility of the B–1 fleet by voting in until the Iraqi military was routed and which the B–1 retirement decision was favor of the Daschle-Johnson amend- its leadership was no more. made, the B–1’s proven combat effec- ment. All of this served to reinforce what tiveness, and our Nation’s anticipated The PRESIDING OFFICER. Is there many have believed to be true for quite security requirements, it is time to debate on the amendment? some time now; namely, that the Pen- begin bringing back these 23 planes. Mr. WARNER. It is cleared on both tagon acted too hastily a few years ago Mr. JOHNSON. Mr. President, I sup- sides. when it decided to retire one-third of port the Daschle-Johnson amendment The PRESIDING OFFICER. Without our B–1B bomber fleet. to the fiscal year 2004 Defense Author- objection, the amendment is agreed to. The plan to retire one-third of the B– ization bill. This amendment will pro- The amendment (No. 791), as modi- 1 fleet was developed before the Sep- vide the funding necessary to maintain fied, was agreed to. tember 11th attacks, before the war on a strong and reliable B–1 bomber fleet. Mr. LEVIN. Mr. President, I move to terrorism, before the fighting in Af- Over the past week, the B–1 bombers, reconsider the vote. ghanistan, and before Iraq. Given the crews, and support staff of the 28th Mr. WARNER. I move to lay that mo- proven record of performance of the B– Bomb Wing have begun to return to tion on the table. 1, the age of our current heavy bomber Ellsworth Air Force Base from their The motion to lay on the table was fleet, the lack of a next-generation service in Operation Iraqi Freedom. As agreed to. bomber, and the fact that it took 20 they did in Kosovo and Afghanistan, AMENDMENT NO. 787, AS MODIFIED years before our Nation’s last bomber- the B–1 bombers performed superbly in Mr. WARNER. On behalf of Senator development program could field the war in Iraq. They have once again SANTORUM, I offer an amendment to planes—it seems incredible that we are demonstrated that they are the back- support naval research and develop- consigning 23 of our most capable air- bone of America’s bomber fleet. The B– ment for nonthermal imaging systems. craft, a plane referred to by those who 1’s unique ability to linger over the The amendment has been cleared on know it best as the ‘‘backbone of the battlefield and provide responsive fire- both sides. The PRESIDING OFFICER. The bomber fleet,’’ to the Arizona desert. power at the time and place required clerk will report. My amendment would begin the proc- by military commanders was an inte- The legislative clerk read as follows: ess of rolling back the decision to re- gral part of our victory in Iraq. tire those 23 planes. It would rebuild Although B–1s flew fewer than 2 per- The Senator from Virginia [Mr. WARNER], for Mr. SANTORUM, proposes an amendment our bomber fleet toward the level rec- cent of the combat sorties in Operation numbered 787, as modified. ommended in our last comprehensive Iraqi Freedom, they dropped more than The amendment is as follows: review of bomber needs, the U.S. Air half the satellite guided Air Force (Purpose: To make available $2,000,000 for Force White Paper on Long Range Joint Direct Attack Munitions, non-thermal imaging systems) Bombers. That report determined that (JDAMs). The B–1s were tasked against At the end of subtitle B of title II, add the 93 B–1s were needed to protect U.S. na- the full spectrum of potential targets following: tional security interests until a re- in Iraq, including command and con- SEC. 213. NON-THERMAL IMAGING SYSTEMS. placement capability is available. My trol facilities, bunkers, tanks, armored (a) AVAILABILITY OF FUNDS.—Of the amendment would put us on the path personnel carriers, and surface-to-air amount authorized to be appropriated by to 83 B–1s—the most we can muster, missile sites. They also provided close section 201(2) for research, development, test, given decommissioning work that is al- air support for U.S. forces engaged in and evaluation for the Navy and available for Power Projection Applied Research ready well underway on some aircraft. the field. The bombers and crews ac- (PE 602114N), $2,000,000 may be available for Senator JOHNSON and I have con- complished all of this while maintain- research and development of non-thermal sulted with the Air Force about the ing over an 80 percent mission capable imaging systems. The total amount author- timing and funding requirements to re- rate. This record of success proves B–1 ized to be appropriated under section 201(2) is generate 23 planes and have determined is a vital, versatile, and potent compo- hereby increased by $2,000,000. that an appropriate first-year effort nent of our military force structure. (b) OFFSETS.—The amount authorized to be would be $20.3 million. This is also the The Daschle-Johnson amendment appropriated by section 301(4) for operations and maintenance, Air Force, is hereby re- level of effort being recommended by would provide the funding needed to duced by $1,000,000 and the amount author- the House Armed Service Committee in start regenerating, modernizing, and ized to be appropriated by section 104 for De- the bill being taken up this morning on returning 23 B–1s to our bomber fleet. fense-Wide Activities, is hereby reduced by the House floor. This fiscal year 2004 The Department of Defense is in the $1,000,000 for SOF Rotary Wing Upgrades.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6895 The PRESIDING OFFICER. Is there authorized to be appropriated by section and maintenance, Air Force, is hereby re- debate on the amendment? 301(6) for operation and maintenance for the duced by $2,100,000. Mr. LEVIN. It has been cleared on Army Reserve is hereby increased by The PRESIDING OFFICER. Is there this side. $3,000,000. debate on the amendment? The PRESIDING OFFICER. The (b) AVAILABILITY FOR INFORMATION OPER- ATIONS SUSTAINMENT.—(1) Of the amount au- Mr. WARNER. Mr. President, it is amendment is agreed to. thorized to be appropriated by section 301(6) cleared on both sides. The amendment (No. 787), as modi- for operation and maintenance for the Army The PRESIDING OFFICER. Without fied, was agreed to. Reserve, as increased by subsection (a), objection, the amendment is agreed to. Mr. WARNER. Mr. President, I move $3,000,000 may be available for Information The amendment (No. 807) was agreed to reconsider the vote. Operations (Account #19640) for Land Forces to. Mr. LEVIN. I move to lay that mo- Readiness–Information Operations Mr. LEVIN. Mr. President, I move to tion on the table. Sustainment. reconsider the vote. The motion to lay on the table was (2) The amount available under paragraph Mr. WARNER. I move to lay that mo- agreed to. (1) for the purpose specified in that para- graph is in addition to any other amounts tion on the table. AMENDMENT NO. 806 The motion to lay on the table was Mr. LEVIN. Mr. President, on behalf available under this Act for that purpose. (c) OFFSET.—The amount authorized to be agreed to. of Senator BIDEN, I send an amendment appropriated by section 301(4) for operation to the desk which would increase by 30 AMENDMENT NO. 808 and maintenance for the Air Force is hereby Mr. WARNER. Mr. President, on be- the personnel end strength of the Air reduced by $3,000,000. half of Senator SANTORUM, I offer an National Guard. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The amendment that adds $2 million for the debate on the amendment? clerk will report. Army for the procurement of rapid in- The legislative clerk read as follows: Mr. LEVIN. No objection on this side. fusion pumps. The PRESIDING OFFICER. The The Senator from Michigan [Mr. LEVIN], The matter has been cleared on both amendment is agreed to. for Mr. BIDEN, proposes an amendment num- sides. bered 806. The amendment (No. 788), as modi- The PRESIDING OFFICER. The The amendment is as follows: fied, was agreed to. clerk will report. Mr. WARNER. Mr. President, I move (Purpose: To increase by 30 personnel the The legislative clerk read as follows: to reconsider the vote. personnel end strength of the Air National The Senator from Virginia [Mr. WARNER], Guard of the United States as of Sep- Mr. LEVIN. I move to lay that mo- for Mr. SANTORUM, proposes an amendment tember 30, 2004, to provide personnel to im- tion on the table. numbered 808. prove the information operations capa- The motion to lay on the table was The amendment is as follows: bility of the Air National Guard of the agreed to. United States) (Purpose: To make available, with an offset, AMENDMENT NO. 807 $2,000,000 for other procurement for the (a) In section 411(a)(5), relating to the au- Mr. LEVIN. Mr. President, on behalf Army for medical equipment for the pro- thorized strength for Selected Reserve per- of Senator BINGAMAN, I offer an amend- curement of rapid infusion (IV) pumps) sonnel of the Air National Guard of the United States as of September 30, 2004, strike ment which authorizes $2.1 million to In subtitle B of title I, add after the sub- ‘‘107,000’’ and insert ‘‘107,030’’. conduct research and development ac- title heading the following: (b) The total amount authorized to be ap- tivity for the Holloman Air Force Base SEC. 111. RAPID INFUSION PUMPS. propriated under section 104 is hereby re- high-speed test track. (a) AVAILABILITY OF FUNDS.—(1) Of the duced by $3,300,000, including $2,100,000 from I believe it has been cleared. amount authorized to be appropriated by SOF rotary wing upgrades and $1,200,000 from The PRESIDING OFFICER. The section 101(5) for other procurement, Army, SOF operational enhancements. clerk will report. $2,000,000 may be available for medical equip- ment for the procurement of rapid infusion The PRESIDING OFFICER. Is there The legislative clerk read as follows: debate on the amendment? (IV) pumps. The Senator from Michigan [Mr. LEVIN], The amendment is agreed to. (2) The total amount authorized to be ap- for Mr. BINGAMAN, proposes an amendment propriated under section 101(5) is hereby in- The amendment (No. 806) was agreed numbered 807. to. creased by $2,000,000. The amendment is as follows: (b) OFFSET.—Of the amount authorized to Mr. LEVIN. Mr. President, I move to be appropriated by section 301(1) for oper- reconsider the vote. (Purpose: To make available, with an offset, $2,100,000 from amounts available for re- ations and maintenance, Army, the amount Mr. WARNER. I move to lay that mo- available is hereby reduced by $2,000,000. tion on the table. search, development, test, and evaluation The motion to lay on the table was for the Air Force for Major T&E Invest- The PRESIDING OFFICER. Is there ment (PE 0604759F) for research an develop- agreed. debate on the amendment? ment on magnetic levitation technologies Mr. LEVIN. Mr. President, we have AMENDMENT NO. 788, AS MODIFIED at the high speed test track at Holloman no objection to the amendment. Mr. WARNER. I offer an amendment Air Force Base, New Mexico) The PRESIDING OFFICER. Without to make available funds for operation At the end of subtitle B of title II, add the objection, the amendment is agreed to. and maintenance for the Army Reserve following: The amendment (No. 808) was agreed for information operations for Land SEC. 213. MAGNETIC LEVITATION. to. Forces Readiness-Information Oper- NCREASE IN UTHORIZATION OF PPRO (a) I A A - Mr. WARNER. Mr. President, I move ations Sustainment. This amendment PRIATIONS.—The amount authorized to be ap- to reconsider the vote, and I move to has been modified to provide offsets. propriated by section 201(3) for research, de- The PRESIDING OFFICER. The velopment, test, and evaluation for the Air lay that motion on the table. The motion to lay on the table was clerk will report. Force is hereby increased by $2,100,000, with The legislative clerk read as follows: the amount of the increase to be allocated to agreed to. Major T&E Investment (PE 0604759F). The Senator from Virginia [Mr. WARNER], AMENDMENT NO. 743, AS MODIFIED (b) AVAILABILITY.—(1) Of the amount au- Mr. WARNER. Mr. President, on be- for Mr. SANTORUM, proposes an amendment thorized to be appropriated by section 201(3) numbered 788, as modified. for research, development, test, and evalua- half of Senator GRAHAM, I offer an The amendment is as follows: tion for the Air Force and available for amendment which adds $8 million to (Purpose: To make available, with an offset, Major T&E Investment, as increased by sub- Marine Corps research and develop- $3,000,000 for operation and maintenance section (a), $2,100,000 may be available for re- ment funds for development of the col- for the Army Reserve for information oper- search and development on magnetic levita- laborative information warfare net- ations for Land Forces Readiness—Infor- tion technologies at the high speed test work in the critical infrastructure pro- mation Operations Sustainment) track at Holloman Air Force Base, New Mex- tection center. At the end of subtitle B of title III, add the ico. The PRESIDING OFFICER. The (2) The amount available under paragraph following: clerk will report. SEC. 313. INFORMATION OPERATIONS (1) for the purpose specified in that para- SUSTAINMENT FOR LAND FORCES graph is in addition to any other amounts The legislative clerk read as follows: READINESS OF ARMY RESERVE. available under this Act for that purpose. The Senator from Virginia [Mr. WARNER], (a) INCREASE IN AUTHORIZATION OF APPRO- (c) OFFSET.—The amount authorized to be for Mr. GRAHAM of South Carolina, proposes PRIATIONS FOR ARMY RESERVE.—The amount appropriated by section 301(4) for operation an amendment numbered 743, as modified.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6896 CONGRESSIONAL RECORD — SENATE May 22, 2003 The amendment is as follows: Mr. LEVIN. I move to lay that mo- to be appropriated by section 201(3) for re- (Purpose: To set aside an increased amount tion on the table. search, development, test, and evaluation for for the Collaborative Information Warfare The motion to lay on the table was the Air Force, as increased by subsection (a), Network at the Critical Infrastructure agreed to. $5,000,000 may be available for research, de- velopment, test, and evaluation on boron en- Protection Center at the Space Warfare AMENDMENT NO. 809 Systems Center) ergy cell technology. Mr. WARNER. Mr. President, on be- (2) The amount available under paragraph On page 40, between lines 7 and 8, insert half of Senator SANTORUM, I offer an (1) for the purpose specified in that para- the following: amendment to support Army research graph is in addition to any other amounts SEC. 235. AMOUNT FOR COLLABORATIVE INFOR- available under this Act for that purpose. MATION WARFARE NETWORK. and development for portable mobile (c) OFFSET FROM OPERATIONS AND MAINTE- (1) Of the amount authorized to be appro- emergency broadband systems. The PRESIDING OFFICER. The NANCE.—The amount authorized to be appro- priated by section 201(2), for research and de- priated by section 301(1), for operations and velopment, Navy, $8,000,000 may be available clerk will report. maintenance for the Army is hereby reduced for the Collaborative Information Warfare The legislative clerk read as follows: by $5,000,000. Network. The Senator from Virginia [Mr. WARNER], (2) The total amount authorized to be ap- The PRESIDING OFFICER. Is there for Mr. SANTORUM, proposes an amendment debate on the amendment? propriated under section 201(2) is hereby in- numbered 809. creased by $8,000,000. Mr. LEVIN. Mr. President, there is (3) OFFSET.—Of the amount authorized to The amendment is as follows: no objection on this side. be appropriated by section 301(4) for oper- (Purpose: To make available, with an offset, The PRESIDING OFFICER. Without ation and maintenance, Air Force, the $2,000,000 for research, development, test, objection, the amendment is agreed to. amount is hereby reduced by $8,000,000. and evaluation for the Army for the devel- The amendment (No. 810) was agreed The PRESIDING OFFICER. Is there opment of Portable Mobile Emergency to. Broadband Systems (MEBS) debate? Mr. WARNER. Mr. President, I move Mr. LEVIN. There is no objection to At the end of subtitle B of title II, add the to reconsider the vote. following: the amendment. Mr. LEVIN. I move to lay that mo- The PRESIDING OFFICER. Without SEC. 213. PORTABLE MOBILE EMERGENCY BROADBAND SYSTEMS. tion on the table. objection, the amendment is agreed to. (a) AVAILABILITY OF FUNDS.—(1) Of the The motion to lay on the table was The amendment (No. 743), as modi- amount authorized to be appropriated by agreed to. fied, was agreed to. section 201(1) for research, development, test, AMENDMENT NO. 760 Mr. WARNER. Mr. President, I move and evaluation for the Army, $2,000,000 may Mr. WARNER. Mr. President, on be- to reconsider the vote. be available for the development of Portable half of Senator COCHRAN and others, I Mr. LEVIN. I move to lay that mo- Mobile Emergency Broadband Systems offer an amendment which makes (MEBS). tion on the table. available funds for the Arrow ballistic The motion to lay on the table was (2) The total amount authorized to be ap- missile defense system. agreed to. propriated under section 201(1) is hereby in- creased by $2,000,000. The PRESIDING OFFICER. The AMENDMENT NO. 723, AS MODIFIED (b) OFFSET.—The amount authorized to be clerk will report. Mr. WARNER. Mr. President, on be- appropriated by section 104 for Procurement, The legislative clerk read as follows: OTT half of Senator L , I offer an amend- Defense-wide activities, SOF Operational En- The Senator from Virginia [Mr. WARNER], ment which would add $2 million in Re- hancements is hereby reduced by $2,000,000. for Mr. COCHRAN, Mr. REED, Mr. CHAMBLISS, search, Development, Test and Evalua- The PRESIDING OFFICER. Is there Mr. NELSON of Nebraska, Ms. MIKULSKI, and tion funding for the development and debate on the amendment? Mr. BOND, proposes an amendment numbered fabrication of composite submarine Mr. LEVIN. Mr. President, there is 760. sail test articles. no objection on this side. The amendment is as follows: The PRESIDING OFFICER. The The PRESIDING OFFICER. Without (Purpose: To set aside an amount for co- clerk will report. objection, the amendment is agreed to. production of the Arrow ballistic missile The legislative clerk read as follows: The amendment (No. 809) was agreed defense system) The Senator from Virginia [Mr. WARNER], to. On page 40, between lines 7 and 8 insert the for Mr. LOTT, proposes an amendment num- Mr. WARNER. Mr. President, I move following: bered 723, as modified. to reconsider the vote. SEC. 235. COPRODUCTION OF ARROW BALLISTIC The amendment is as follows: Mr. LEVIN. I move to lay that mo- MISSILE DEFENSE SYSTEM. (Purpose: To set aside an amount of Navy tion on the table. Of the total amount authorized to be ap- RDT&E funding for the development and propriated under section 201 for ballistic mis- The motion to lay on the table was sile defense, $115,000,000 may be available for fabrication of composite sail test articles agreed to. for incorporation into designs for future coproduction of the Arrow ballistic missile AMENDMENT NO. 810 submarines) defense system. Mr. WARNER. Mr. President, on be- On page 25, between lines 11 and 12, and in- The PRESIDING OFFICER. Is there sert the following: half of Senator DOMENICI, I offer an debate on the amendment? SEC. 213. COMPOSITE SAIL TEST ARTICLES. amendment which would add funds for Mr. LEVIN. Mr. President, there is (a) the total amount authorized to be ap- research and development of boron en- no objection on this side. propriated under section 201(2) for Virginia- ergy cell technology. Mr. President, I ask unanimous con- class submarine development may be in- The PRESIDING OFFICER. The sent that I be added as a cosponsor. creased by $2,000,000 for the development and clerk will report. Mr. WARNER. Mr. President, like- fabrication of composite sail test articles for The legislative clerk read as follows: wise, I ask unanimous consent to be incorporation into designs for future sub- The Senator from Virginia [Mr. WARNER], added as a cosponsor. marines. for Mr. DOMENICI, proposes an amendment (b) Defense-Wide Activities.—The amount The PRESIDING OFFICER. Without numbered 810. authorized to be appropriated under section objection, it is so ordered. Without ob- 104 may be reduced by $2,000,000, to be de- The amendment is as follows: jection, the amendment is agreed to. rived from the amount provided for SOF (Purpose: To provide, with an offset, an addi- The amendment (No. 760) was agreed operational enhancements. tional $5,000,000 for research, development, to. Mr. WARNER. Mr. President, this test, and evaluation for the Air Force for Mr. WARNER. Mr. President, I move amendment has been cleared on both boron energy cell technology) to reconsider the vote. sides. At the end of subtitle B of title II, add the Mr. LEVIN. I move to lay that mo- The PRESIDING OFFICER. Is there following: tion on the table. debate? SEC. 213. BORON ENERGY CELL TECHNOLOGY. The motion to lay on the table was Without objection, the amendment is (a) INCREASE IN RDT&E, AIR FORCE.—The agreed to. amount authorized to be appropriated by AMENDMENT NO. 790, AS MODIFIED agreed to. section 201(3) for research, development, test, The amendment (No. 723), as modi- and evaluation for the Air Force is hereby Mr. LEVIN. Mr. President, on behalf fied, was agreed to. increased by $5,000,000. of Senator BINGAMAN, I offer an amend- Mr. WARNER. Mr. President, I move (b) AVAILABILITY FOR BORON ENERGY CELL ment that would add a reporting re- to reconsider the vote. TECHNOLOGY.—(1) of the amount authorized quirement to section 3131.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6897 The PRESIDING OFFICER. The fect any qualified guarantee accepted pursu- ‘‘(C) A request described in this subpara- clerk will report. ant to such authority for purposes of the graph is a request by the spouse of a mem- The legislative clerk read as follows: project referred to in paragraph (1) before ber, or by the parent of a dependent child in the date of the expiration of such authority the case of a dependent child of a member, The Senator from Michigan [Mr. LEVIN], under paragraph (2). for relocation. for Mr. BINGAMAN, proposes an amendment ‘‘(D) Transportation may be provided numbered 790, as modified. Mr. LEVIN. Mr. President, we sup- port the Warner amendment. under this paragraph for household effects or The amendment is as follows: a motor vehicle only if a written agreement (Purpose: To require a report assessing the The PRESIDING OFFICER. Is there of the member, or an order of a court of com- effects of the repeal of the prohibition on debate on the amendment? petent jurisdiction, gives possession of the the research and development of low-yield Without objection, the amendment is effects or vehicle to the spouse or dependent nuclear weapons) agreed to. of the member concerned. In section 3131, add at the end the fol- The amendment (No. 811) was agreed ‘‘(E) In this paragraph, the term ‘depend- lowing: to. ent-abuse offense’ means an offense de- (c) REPORT.—(1) Not later than March 1, Mr. WARNER. Mr. President, I ask scribed in section 1059(c) of title 10.’’. 2004, the Secretary of Defense and the Sec- unanimous consent that there be a pe- The PRESIDING OFFICER. Is there retary of State shall jointly submit to Con- riod throughout the remainder of the debate on the amendment? gress a report assessing whether or not the Mr. WARNER. Mr. President, the repeal of section 3136 of the National Defense day for those who wish to be added as Authorization Act for Fiscal Year 1994, will cosponsors of this amendment to so in- amendment has been cleared on both affect the ability of the United States to dicate to the Presiding Officer their de- sides. achieve its non-proliferation objectives and sire. The PRESIDING OFFICER. Without whether or not any changes in programs and The PRESIDING OFFICER. Without objection, the amendment is agreed to. activities would be required to achieve these objection, it is so ordered. The amendment (No. 737) was agreed objectives. Mr. LEVIN. Mr. President, I move to to. The PRESIDING OFFICER. Is there reconsider the vote. Mr. LEVIN. Mr. President, I move to debate on the amendment? Mr. WARNER. I move to lay that mo- reconsider the vote. Without objection, the amendment is tion on the table. Mr. WARNER. I move to lay that mo- agreed to. The motion to lay on the table was tion on the table. The amendment (No. 790), as modi- agreed to. The motion to lay on the table was fied, was agreed to. AMENDMENT NO. 737 agreed to. Mr. LEVIN. Mr. President, I move to Mr. LEVIN. Mr. President, on behalf AMENDMENT NO. 812 reconsider the vote. of Senator NELSON of Florida, I offer an Mr. WARNER. Mr. President, on be- Mr. WARNER. I move to lay that mo- amendment that would authorize trav- half of Senator MCCAIN, I offer an tion on the table. el and transportation allowances for amendment to provide emergency and The motion to lay on the table was dependents of service members who morale communications programs. agreed to. have committed dependent abuse The amendment has been cleared on AMENDMENT NO. 811 against a spouse or dependent child. both sides. Mr. WARNER. Mr. President, I offer The PRESIDING OFFICER. The The PRESIDING OFFICER. The an amendment which would amend sec- clerk will report. clerk will report. tion 2611 of the United States Code The legislative clerk read as follows: The legislative clerk read as follows: title X to allow the Secretary of the The Senator from Michigan [Mr. LEVIN], The Senator from Virginia [Mr. WARNER], Navy to accept guarantees as gifts for for Mr. NELSON of Florida, Mr. KENNEDY, and for Mr. MCCAIN, proposes an amendment the construction of a United States Mrs. CLINTON, proposes an amendment num- numbered 812. Marine Corps Heritage Center, enabling bered 737. The amendment is as follows: the center to be completed in time for The amendment is as follows: On page 43, strike lines 4 through 9 and in- the 230th anniversary of the United (Purpose: To authorize certain travel and sert the following: States Marine Corps in November of transportation allowances for dependents SEC. 311. EMERGENCY AND MORALE COMMU- 2005. of members of the Armed Forces who have NICATIONS PROGRAMS. It has been cleared on both sides. committed dependent abuse) (a) ARMED FORCES EMERGENCY SERVICES.— The PRESIDING OFFICER. The At the end of subtitle G of title V, add the Of the amount authorized to be appropriated clerk will report. following: by section 301(5) for operation and mainte- nance for Defense-wide activities, $5,000,000 The legislative clerk read as follows: SEC. 565. CERTAIN TRAVEL AND TRANSPOR- The Senator from Virginia [Mr. WARNER] TATION ALLOWANCES FOR DEPEND- shall be made available to the American Red proposes an amendment numbered 811. ENTS OF MEMBERS OF THE ARMED Cross to fund the Armed Forces Emergency FORCES WHO HAVE COMMITTED DE- Services. The amendment is as follows: PENDENT ABUSE. (b) DEPARTMENT OF DEFENSE MORALE TELE- (Purpose: To authorize the acceptance of Section 406(h) of title 37, United States COMMUNICATIONS PROGRAM.—(1) As soon as guarantees with gifts for the development Code, is amended by adding at the end the possible after the date of enactment of this of the Marine Corps Heritage Center at Ma- following new paragraph: Act, the Secretary of Defense shall establish rine Corps Base, Quantico, Virginia) ‘‘(4)(A) If the Secretary concerned makes a and carry out a program to provide, wher- On page 278, beginning on line 16, strike determination described in subparagraph (B) ever practicable, prepaid phone cards, or an ‘‘FOR ASIA-PACIFIC CENTER FOR SECU- with respect to the spouse or a dependent of equivalent telecommunications benefit RITY STUDIES’’. a member described in that subparagraph which includes access to telephone service, On page 280, after the matter following line and a request described in subparagraph (C) to members of the Armed Forces stationed 7, insert the following: has been by the spouse or on behalf of such outside the United States who are directly (c) ACCEPTANCE OF GUARANTEES WITH GIFTS dependent, the Secretary may provide any supporting military operations in Iraq or Af- IN DEVELOPMENT OF MARINE CORPS HERITAGE benefit authorized for a member under para- ghanistan (as determined by the Secretary) CENTER, MARINE CORPS BASE, QUANTICO, VIR- graph (1) or (3) to the spouse or such depend- to enable them to make telephone calls to GINIA.—(1) The Secretary of the Navy may ent in lieu of providing such benefit to the family and friends in the United States with- utilize the authority in section 6975 of title member. out cost to the member. 10, United States Code, for purposes of the ‘‘(B) A determination described in this sub- (2) The value of the benefit provided by project to develop the Marine Corps Heritage paragraph is a determination by the com- paragraph (1) shall not exceed $40 per month Center at Marine Corps Base, Quantico, Vir- manding officer of a member that— per person. ginia, authorized by section 2884 of the Mili- ‘‘(i) the member has committed a depend- (3) The program established by paragraph tary Construction Authorization Act for Fis- ent-abuse offense against the spouse or a de- (1) shall terminate on September 30, 2004. cal Year 2001 (division B of the Floyd D. pendent of the member; (4) In carrying out the program under this Spence National Defense Authorization Act ‘‘(ii) a safety plan and counseling have subsection, the Secretary shall maximize the for Fiscal Year 2001; as enacted into law by been provided to the spouse or such depend- use of existing Department of Defense tele- Public Law 106–398; 114 Stat. 1654A–440). ent; communications programs and capabilities, (2) The authority in paragraph (1) shall ex- ‘‘(iii) the safety of the spouse or such de- private entities free or reduced-cost services, pire on December 31, 2006. pendent is at risk; and and programs to enhance morale and wel- (3) The expiration under paragraph (2) of ‘‘(iv) the relocation of the spouse or such fare. In addition, and notwithstanding any the authority in paragraph (1) shall not ef- dependent is advisable. limitation on the expenditure or obligations

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6898 CONGRESSIONAL RECORD — SENATE May 22, 2003 of appropriated amounts, the Secretary may The PRESIDING OFFICER. Without Department of Defense Joint Executive Com- use available funds appropriated to or for the objection, the amendment is agreed to. mittee, conduct a program to develop and use of the Department of Defense that are The amendment (No. 813) was agreed evaluate integrated healing care practices not otherwise obligated or expended to carry to. for members of the Armed Forces and vet- out the program. erans. (5) The Secretary may accept gifts and do- Mr. WARNER. Mr. President, I move (2) Amounts authorized to be appropriated nations in order to defray the costs of the to reconsider the vote. by section 301(21) for the Defense Health Pro- program. Such gifts and donations may be Mr. LEVIN. I move to lay that mo- gram may be available for the program accepted from foreign governments; founda- tion on the table. under paragraph (1). tions or other charitable organizations, in- The motion to lay on the table was The PRESIDING OFFICER. Is there cluding those organized or operating under agreed to. debate on the amendment? the laws of a foreign country; and any source AMENDMENT NO. 814 in the private sector of the United States or Mr. WARNER. Mr. President, it is a foreign country. Mr. WARNER. Mr. President, on be- cleared on both sides. (6) The Secretary shall work with tele- half of Senator CHAMBLISS, I offer an The PRESIDING OFFICER. Without communications providers to facilitate the amendment to modify the program ele- objection, the amendment is agreed to. deployment of additional telephones for use ment of the Army’s short range air de- The amendment (No. 815) was agreed in calling the United States under the pro- fense radar research and development to. gram as quickly as practicable, consistent program. Mr. LEVIN. Mr. President, I move to with the timely provision of telecommuni- The PRESIDING OFFICER. The reconsider the vote. cations benefits the program, the Secretary clerk will report. Mr. WARNER. I move to lay that mo- should carry out this subsection in a manner that allows for competition in the provision The legislative clerk read as follows: tion on the table. of such benefits. The Senator from Virginia [Mr. WARNER], The motion to lay on the table was (7) The Secretary shall not take any action for Mr. CHAMBLISS, proposes an amendment agreed to. under this subsection that would com- numbered 814. AMENDMENT NO. 816 promise the military objectives or mission of The amendment is as follows: Mr. WARNER. Mr. President, on be- the Department of Defense. (Purpose: To modify the program element of half of Senator BENNETT, I offer an The PRESIDING OFFICER. Is there the short range air defense radar program amendment to require a Department of debate on the amendment? of the Army) Defense study of the adequacy of the Mr. LEVIN. We have no objection. At the end of subtitle B of title II, add the beryllium industrial base. The PRESIDING OFFICER. Without following: The PRESIDING OFFICER. The objection, the amendment is agreed to. SEC. 213. MODIFICATION OF PROGRAM ELEMENT clerk will report. The amendment (No. 812) was agreed OF SHORT RANGE AIR DEFENSE The legislative clerk read as follows: to. RADAR PROGRAM OF THE ARMY. The program element of the short range The Senator from Virginia [Mr. WARNER], Mr. WARNER. Mr. President, I move ENNETT, proposes an amendment air defense radar program of the Army may for Mr. B to reconsider the vote. numbered 816. be modified from Program Element 602303A Mr. LEVIN. I move to lay that mo- (Missile Technology) to Program Element The amendment is as follows: tion on the table. 603772A (Advanced Tactical Computer (Purpose: To require a Department of De- Th motion to lay on the table was Science and Sensor Technology). fense study of the adequacy of the beryl- agreed to. The PRESIDING OFFICER. Is there lium industrial base) AMENDMENT NO. 813 debate on the amendment? On page 276, between lines 5 and 6, insert Mr. WARNER. Mr. President, on be- Mr. LEVIN. Mr. President, we have the following: half of Senator HUTCHISON, I offer an no objection. SEC. 1025. STUDY OF BERYLLIUM INDUSTRIAL amendment expressing the sense of the The PRESIDING OFFICER. Without BASE. Senate that United States air carriers (a) REQUIREMENT FOR STUDY.—The Sec- objection, the amendment is agreed to. retary of Defense shall conduct a study of should offer reduced fares and flexible The amendment (No. 814) was agreed the adequacy of the industrial base of the terms of sale to members of the United to. United States to meet defense requirements States Armed Forces. This is a timely Mr. WARNER. Mr. President, I move of the United States for beryllium. message to the airlines of a way in to reconsider the vote. (b) REPORT.—Not later than January 30, which they can show their support to Mr. LEVIN. I move to lay that mo- 2004, the Secretary shall submit a report on military members. tion on the table. the results of the study to Congress. The re- The PRESIDING OFFICER. The The motion to lay on the table was port shall contain, at a minimum, the fol- lowing information: clerk will report. agreed to. The legislative clerk read as follows: (1) A discussion of the issues identified AMENDMENT NO. 815 with respect to the long-term supply of be- The Senator from Virginia [Mr. WARNER], Mr. LEVIN. Mr. President, on behalf ryllium. for Mrs. HUTCHISON, proposes an amendment of Senator MIKULSKI, I offer an amend- (2) An assessment of the need, if any, for numbered 813. ment that would authorize the Depart- modernization of the primary sources of pro- The amendment is as follows: ment of Defense and the VA jointly to duction of beryllium. (Purpose: To express the sense of the Senate (3) A discussion of the advisability of, and conduct a program to develop and concepts for, meeting the future defense re- that air carriers should provide special evaluate integrated healing care prac- fares to members of the armed forces) quirements of the United States for beryl- tices for members of the Armed Forces lium and maintaining a stable domestic in- At the appropriate place, insert the fol- and veterans. dustrial base of sources of beryllium lowing new section: The PRESIDING OFFICER. The through— SEC. ll. AIR FARES FOR MEMBERS OF ARMED clerk will report. (A) cooperative arrangements commonly FORCES. The legislative clerk read as follows: referred to as public-private partnerships; It is the sense of the Senate that each (B) the administration of the National De- The Senator from Michigan [Mr. LEVIN], United States air carrier should— fense Stockpile under the Strategic and Crit- for Ms. MIKULSKI, proposes an amendment (1) make every effort to allow active duty ical Materials Stock Piling Act; and numbered 815. members of the armed forces to purchase (C) any other means that the Secretary tickets, on a space-available basis, for the The amendment is as follows: identifies as feasible. lowest fares offered for the flights desired, (Purpose: To provide additional duties for without regard to advance purchase require- The PRESIDING OFFICER. Is there the DOD–VA Joint Executive Committee ments and other restrictions; and further debate on the amendment? relating to integrated healing care prac- (2) offer flexible terms that allow members Mr. LEVIN. We have no objection to tices for members of the Armed Forces and of the armed forces on active duty to pur- veterans) the amendment on this side. chase, modify, or cancel tickets without The PRESIDING OFFICER. Without time restrictions, fees, or penalties. On page 169, between lines 5 and 6, insert objection, the amendment is agreed to. the following: The PRESIDING OFFICER. Is there (d) INTEGRATED HEALING CARE PRACTICES.— The amendment (No. 816) was agreed debate on the amendment? (1) The Secretary of Defense and the Sec- to. Mr. LEVIN. Mr. President, we sup- retary of Veterans Affairs may, acting Mr. WARNER. I move to reconsider port the amendment. through the Department of Veterans Affairs– the vote.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6899 Mr. LEVIN. I move to lay that mo- Mr. WARNER. The amendment has Black colleges and universities, $1,000,000 tion on the table. been cleared on both sides. may be used for funding the initiation of a The motion to lay on the table was Mr. LEVIN. We have no objection on capability in such institutions to support the agreed to. this side. network centric operations of the Depart- ment of Defense. AMENDMENT NO. 817 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there Mr. WARNER. Mr. President, on be- objection, the amendment is agreed to. further debate on the amendment? half of Senators MCCAIN, SESSIONS, The amendment (No. 817) was agreed Mr. LEVIN. Mr. President, we sup- LINDSEY GRAHAM, and BAYH, I offer an to. Mr. WARNER. I move to reconsider port the amendment. I ask unanimous amendment which would add reporting the vote. consent that I be added as a cosponsor requirements to a report on the NATO Mr. LEVIN. I move to lay that mo- to the amendment. Prague Capabilities Commitment and tion on the table. The PRESIDING OFFICER. Without the NATO Response Force. The motion to lay on the table was objection, the Senator will be added as The PRESIDING OFFICER. The agreed to. a cosponsor. clerk will report. AMENDMENT NO. 818 Mr. WARNER. Mr. President, I ask The legislative clerk read as follows: Mr. LEVIN. Mr. President, on behalf unanimous consent that the junior The Senator from Virginia [Mr. WARNER], of Senator BOXER, I offer an amend- Senator from the State of Virginia, Mr. for Mr. MCCAIN, for himself, Mr. SESSIONS, ALLEN, be added as a cosponsor of the Mr. GRAHAM of South Carolina, and Mr. ment that requires the Comptroller BAYH, proposes an amendment numbered 817. General to submit a report regarding amendment. The PRESIDING OFFICER. Without The amendment is as follows: the adequacy of special pays and allow- ances for service members who experi- objection, it is so ordered. (Purpose: To require a report on decision- Without objection, the amendment is making by the North Atlantic Treaty Or- ence frequent deployments away from ganization) their permanent duty stations for peri- agreed to. The amendment (No. 819) was agreed On page 310, between lines 9 and 10, insert ods less than 30 days. the following: The PRESIDING OFFICER. The to. (D) A discussion of NATO decisionmaking clerk will report. Mr. WARNER. I move to reconsider on the implementation of the Prague Capa- The legislative clerk read as follows: the vote. bilities Commitment and the development of The Senator from Michigan [Mr. LEVIN], Mr. LEVIN. I move to lay that mo- the NATO Response Force, including— for Mrs. BOXER, proposes an amendment tion on the table. (i) an assessment of whether the Prague numbered 818. The motion to lay on the table was Capabilities Commitment and the NATO Re- The amendment is as follows: agreed to. sponse Force are the sole jurisdiction of the At the appropriate place, add the fol- AMENDMENT NO. 789, AS MODIFIED Defense Planning Committee, the North At- lowing: Mr. WARNER. Mr. President, on be- lantic Council, or the Military Committee; GAO STUDY.—Not later than April 1, 2004, half of Senator BUNNING, I offer an (ii) a description of the circumstances the Comptroller General shall submit a re- which led to the defense, military, security, port regarding the adequacy of special pays amendment that expresses the sense of and nuclear decisions of NATO on matters and allowances for service members who ex- the Senate about upgrading the chem- such as the Prague Capabilities Commitment perience frequent deployments away from ical agent sensors at the chemical and the NATO Response Force being made in their permanent duty stations for periods stockpile disposal sites in the United bodies other than the Defense Planning Com- less than 30 days. The policies regarding eli- States. mittee; gibility for family separation allowance, in- The PRESIDING OFFICER. The (iii) a description of the extent to which cluding those relating to required duration any member that does not participate in the clerk will report. of absences from the permanently assigned The legislative clerk read as follows: integrated military structure of NATO con- duty station, should be assessed. tributes to each of the component commit- The Senator from Virginia [Mr. WARNER], tees of NATO, including any and all commit- The PRESIDING OFFICER. Is there for Mr. BUNNING, proposes an amendment tees relevant to the Prague Capabilities further debate on the amendment? numbered 789, as modified. Mr. WARNER. Mr. President, the Commitment and the NATO Response Force; The amendment, as modified is as matter is cleared on both sides. (iv) a description of the extent to which follows: any member that does not participate in the The PRESIDING OFFICER. Without integrated military structure of NATO par- objection, the amendment is agreed to. (Purpose: To express the sense of the Senate ticipates in deliberations and decisions of The amendment (No. 818) was agreed on the deployment of airborne chemical agent monitoring systems at the chemical NATO on resource policy, contribution ceil- to. ings, infrastructure, force structure, mod- stockpile disposal sites in the United Mr. LEVIN. I move to reconsider the States) ernization, threat assessments, training, ex- vote. ercises, deployments, and other issues re- At the end of subtitle D of title X, add the Mr. WARNER. I move to lay that mo- following: lated to the Prague Capabilities Commit- tion on the table. ment or the NATO Response Force; SEC. 1039. SENSE OF SENATE ON DEPLOYMENT (v) a description and assessment of the im- The motion to lay on the table was OF AIRBORNE CHEMICAL AGENT pediments, if any, that would preclude or agreed to. MONITORING SYSTEMS AT CHEM- limit NATO from conducting deliberations AMENDMENT NO. 819 ICAL STOCKPILE DISPOSAL SITES IN THE UNITED STATES. and making decisions on matters such as the Mr. WARNER. Mr. President, on be- (a) FINDINGS.—The Senate makes the fol- Prague Capabilities Commitment or the half of myself, I offer an amendment lowing findings: NATO Response Force solely in the Defense which supports the network centric op- (1) Millions of assembled chemical weapons Planning Committee; erations at minority colleges and uni- are stockpiled at chemical agent disposal fa- (vi) the recommendations of the Secretary versities. cilities and depot sites across the United of Defense on streamlining defense, military, States. and security decisionmaking within NATO The PRESIDING OFFICER. The (2) Some of these weapons are filled with relating to the Prague Capabilities Commit- clerk will report. nerve agents, such as GB and VX and blister ment, and NATO Response Force, and other The legislative clerk read as follows: agents such as HD (mustard agent). matters, including an assessment of the fea- The Senator from Virginia [Mr. WARNER] (3) Hundreds of thousands of United States sibility and advisability of the greater utili- proposes an amendment numbered 819. citizens live in the vicinity of these chemical zation of the Defense Planning Committee The amendment is as follows: weapons stockpile sites and depots. for such purposes; and (Purpose: To set aside an amount for initi- (4) The airborne chemical agent moni- (vii) if a report under this subparagraph is ating a capability in historically Black toring systems at these sites are inefficient a report other than the first report under colleges and universities to support the or outdated compared to newer and advanced this subparagraph, the information sub- network centric operations of the Depart- technologies on the market. mitted in such report under any of clauses (i) ment of Defense) (b) SENSE OF SENATE.—It is the sense of the through (vi) may consist solely of an update On page 25, between lines 11 and 12, insert Senate that the Secretary of the Army of any information previously submitted the following: should develop and deploy a program to up- under the applicable clause in a preceding re- grade the airborne chemical agent moni- port under this subparagraph. SEC. 213. AMOUNT FOR NETWORK CENTRIC OP- ERATIONS. toring systems at all chemical stockpile dis- The PRESIDING OFFICER. Is there Of the amount authorized to be appro- posal sites across the United States in order further debate on the amendment? priated under section 201(1) for historically to achieve the broadest possible protection

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6900 CONGRESSIONAL RECORD — SENATE May 22, 2003 of the general public, personnel involved in Forces that benefits the survivors of such The motion to lay on the table was the chemical demilitarization program, and members upon death, the SGLI program re- agreed to. the environment. quires the members to pay for that life in- AMENDMENT NO. 821 The PRESIDING OFFICER. Is there surance coverage and does not provide an as- Mr. LEVIN. Mr. President, on behalf sured minimum benefit. further debate on the amendment? (2) The Secretary of Defense shall carry of Senator LANDRIEU, I offer an amend- Mr. LEVIN. We have no objection on out a study of the totality of all current and ment that would increase the max- this side. projected death benefits for survivors of de- imum Federal contribution to the Na- Mr. WARNER. We have no objection. ceased members of the Armed Forces to de- tional Guard Challenge Program in This has been cleared on both sides. termine the adequacy of such benefits. In States from the current 60 percent to The PRESIDING OFFICER. Without carrying out the study, the Secretary shall— 65 percent for fiscal year 2004. objection, the amendment is agreed to. (A) compare the Federal Government death The PRESIDING OFFICER. The The amendment (No. 789), as modi- benefits for survivors of deceased members of clerk will report. fied, was agreed to. the Armed Forces with commercial and The legislative clerk read as follows: other private sector death benefits plans for Mr. WARNER. I move to reconsider segments of United States society outside The Senator from Michigan [Mr. LEVIN], for Ms. LANDRIEU, proposes an amendment the vote. the Armed Forces, and also with the benefits numbered 821. Mr. LEVIN. I move to lay that mo- available under Public Law 107–37 (115 Stat. tion on the table. 219) (commonly known as the ‘‘Public Safety The amendment is as follows: The motion to lay on the table was Officer Benefits Bill’’); (Purpose: To amend title 32, United States agreed to. (B) assess the personnel policy effects that Code, to increase the maximum Federal share of the costs of State programs under AMENDMENT NO. 820 would result from a revision of the death gratuity benefit to provide a stratified the National Guard Challenge Program for Mr. WARNER. Mr. President, on be- schedule of entitlement amounts that places fiscal year 2004, and to provide an offset) half of Senator SESSIONS, I offer an a premium on deaths resulting from partici- On page 291, between lines 14 and 15, insert amendment which directs the Sec- pation in combat or from acts of terrorism; the following: retary of Defense to conduct a study on (C) assess the adequacy of the current sys- SEC. 1039. FEDERAL ASSISTANCE FOR STATE the adequacy of the benefits for sur- tem of Survivor Benefit Plan annuities and PROGRAMS UNDER THE NATIONAL vivors of military personnel who die on Dependency and Indemnity Compensation GUARD CHALLENGE PROGRAM. active duty. This amendment, and the and the anticipated effects of an elimination (a) MAXIMUM FEDERAL SHARE.—Section 509(d) of title 32, United States Code, is study it directs, I am confident, will of the offset of Survivor Benefit Plan annu- ities by Dependency and Indemnity Com- amended— provide a catalyst for necessary eval- pensation; (1) by striking paragraphs (1), (2), and (3); uation and change in the manner in (D) examine the commercial insurability of (2) by redesignating paragraph (4) as para- which families are compensated after members of the Armed Forces in high risk graph (1); the death of loved ones serving in uni- military occupational specialties; and (3) in paragraph (1), as so redesignated, by form. (E) examine the extent to which private striking the period at the end and inserting The PRESIDING OFFICER. The trusts and foundations engage in fundraising ‘‘; and’’; and clerk will report. or otherwise provide financial benefits for (4) by adding at the end the following new paragraph (2); The legislative clerk read as follows: survivors of deceased members of the Armed Forces. ‘‘(2) for fiscal year 2004 (notwithstanding The Senator from Virginia [Mr. WARNER], (3) Not later than March 1, 2004, the Sec- paragraph (1)), 65 percent of the costs of op- for Mr. SESSIONS, proposes an amendment retary shall submit a report on the results of erating the State program during that numbered 820. the study under paragraph (2) to the Com- year.’’. The amendment is as follows: mittees on Armed Services of the Senate and (b) STUDY.—(1) The Secretary of Defense shall carry out a study to evaluate (a) the (Purpose: To require a study of the military the House of Representatives. The report adequacy of the requirement under section death gratuity and other death benefits shall include the following: (A) The assessments, analyses, and conclu- 509(d) of title 32, United States Code, for the provided for survivors of deceased members United States to fund 60 percent of the costs of the Armed Forces) sions resulting from the study. (B) Proposed legislation to address the de- of operating a State program of the National On page 155, between lines 10 and 11, insert ficiencies in the system of Federal Govern- Guard Challenge Program and the State to the following: ment death benefits for survivors of deceased fund 40 percent of such costs, and (b) the (c) DEATH BENEFITS STUDY.—(1) It is the members of the Armed Forces that are iden- value of the Challenge Program to the De- sense of Congress that— tified in the course of the study. partment of Defense. (A) the sacrifices made by the members of (C) An estimate of the costs of the system (2) In carrying out the study under para- the United States Armed Forces are signifi- of death benefits provided for in the proposed graph (1), the Secretary should identify po- cant and are worthy of meaningful expres- legislation. tential alternatives to the matching funds sions of gratitude by the Government of the (4) The Comptroller General shall conduct structure provided for the National Guard United States, especially in cases of sacrifice a study to identify the death benefits that Challenge Program under section 509(d) of through loss of life; are payable under Federal, State, and local title 32, United States Code, such as a range (B) the tragic events of September 11, 2001, laws for employees of the Federal Govern- of Federal-State matching ratios, that would and subsequent worldwide combat operations ment, State governments, and local govern- provide flexibility in the management of the in the Global War on Terrorism and in Oper- ments. Not later than November 1, 2003, the program to better respond to temporary fis- ation Iraqi Freedom have highlighted the Comptroller General shall submit a report cal conditions. significant disparity between the financial containing the results of the study to the (3) The Secretary shall include the results of the study, including findings, conclusions, benefits for survivors of deceased members of Committees on Armed Services of the Senate and recommendations, in the next annual re- the Armed Forces and the financial benefits and the House of Representatives. for survivors of civilian victims of terrorism; port to Congress under section 509(k) of title (C) the death benefits system composed of The PRESIDING OFFICER. Is there 32, United States Code, that is submitted to the death gratuity paid by the Department further debate on the amendment? Congress after the date of the enactment of of Defense to survivors of members of the Mr. LEVIN. We have no objection to this Act. Armed Forces, the subsequently established the amendment. (c) AMOUNT FOR FEDERAL ASSISTANCE.—(1) Servicemembers’ Group Life Insurance Mr. WARNER. Mr. President, I ask The amount authorized to be appropriated (SGLI) program, and other benefits for sur- unanimous consent to be added as a co- under section 301(10) is hereby increased by vivors of deceased members has evolved over $3,000,000. sponsor to this amendment. (2) Of the total amount authorized to be time, but there are increasing indications The PRESIDING OFFICER. Without appropriated under section 301(10), $68,216,000 that the evolution of such benefits has failed objection, it is so ordered. shall be available for the National Guard to keep pace with the expansion of indem- Mr. LEVIN. We have no objection to Challenge Program under section 509 of title nity and compensation available to segments the amendment on this side. 32, United States Code. of United States society outside the Armed The PRESIDING OFFICER. Without (3) The total amount authorized to be ap- Forces, a failure that is especially apparent objection, the amendment is agreed to. propriated under section 301(4) is hereby re- in a comparison of the benefits for survivors duced by $3,000,000. of deceased members with the compensation The amendment (No. 820) was agreed provided to families of civilian victims of to. The PRESIDING OFFICER. Is there terrorism; and Mr. WARNER. I move to reconsider further debate on the amendment? (D) while Servicemembers’ Group Life In- the vote. Mr. LEVIN. Mr. President, I ask surance (SGLI) provides an assured source of Mr. LEVIN. I move to lay that mo- unanimous consent to be added as a co- life insurance for members of the Armed tion on the table. sponsor of the amendment.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6901 The PRESIDING OFFICER. Without costs incurred by the Department of Defense (b) LOUISIANA ARMY AMMUNITION PLANT.— objection, it is so ordered. for providing goods and services to the De- In this section, the term ‘‘Louisiana Army Without objection, the amendment is partment of State during such year. Ammunition Plant’’ means the Louisiana agreed to. The PRESIDING OFFICER. Is there Army Ammunition Plant in Doyline, Lou- isiana, consisting of approximately 14,949 The amendment (No. 821) was agreed further debate on the amendment? Mr. LEVIN. There is no objection to acres, of which 13,665 acres are under license to. to the Military Department of the State of Mr. WARNER. I move to reconsider the amendment on this side. Louisiana and 1,284 acres are used by the the vote. The PRESIDING OFFICER. Without Army Joint Munitions Command. Mr. LEVIN. I move to lay that mo- objection, the amendment is agreed to. (c) REPORT.—Not later than 180 days after tion on the table. The amendment (No. 822) was agreed the date of the enactment of this Act, the The motion to lay on the table was to. Secretary shall submit to the Committees on agreed to. Mr. WARNER. I move to reconsider Armed Services of the Senate and the House the vote. or Representatives a report on the study AMENDMENT NO. 727 Mr. LEVIN. I move to lay that mo- conducted under subsection (a). The report Mr. WARNER. Mr. President, on be- tion on the table. shall include the results of the study and any half of Senator BUNNING, I offer an The motion to lay on the table was other matters in light of the study that the amendment which would authorize a agreed to. Secretary considers appropriate. multiyear procurement for the Phalanx The PRESIDING OFFICER. Is there AMENDMENT NO. 823 Close In Weapon System program, Mr. LEVIN. Mr. President, I send an further debate on the amendment? Without objection, the amendment is Block 1B, for the Navy. amendment to the desk on behalf of The PRESIDING OFFICER. The agreed to. Senator LANDRIEU, which would pro- The amendment (No. 823) was agreed clerk will report. vide for a feasibility study of the con- The legislative clerk read as follows: to. veyance of the Louisiana Army Ammu- The Senator from Virginia [Mr. WARNER], Mr. LEVIN. I move to reconsider the nition Plant at Doyline, LA. vote. for Mr. BUNNING, proposes an amendment The PRESIDING OFFICER. The numbered 727. Mr. WARNER. I move to lay that mo- clerk will report. The amendment is as follows: tion on the table. The legislative clerk read as follows: The motion to lay on the table was (Purpose: To authorize the use of multiyear The Senator from Michigan [Mr. LEVIN], agreed to. procurement authority for the Navy for for Ms. LANDRIEU, proposes an amendment AMENDMENT NO. 824 procurement of the Phalanx Close In Weap- numbered 823. on System program, Block 1B) Mr. LEVIN. Mr. President, on behalf The amendment is as follows: On page 17, after line 25, add the following: of Senator FEINSTEIN, Senator REID, (Purpose: To proivde for a feasibility study (5) The Phalanx Close In Weapon System and Senator BOXER, I offer an amend- of the conveyance of the Louisiana Army program, Block 1B. Ammunition Plant, Doyline, Louisiana) ment that would require the Secretary of Defense to submit to Congress a 2001 The PRESIDING OFFICER. Is there At the end of subtitle C of title XXVIII, further debate on the amendment? add the following new section: survey on potential perchlorate con- Mr. LEVIN. We have no objection to SEC. 2825. FEASIBILITY STUDY OF CONVEYANCE tamination at Department of Defense the amendment on this side. OF LOUISIANA ARMY AMMUNITION sites prepared by the U.S. Air Force The PRESIDING OFFICER. Without PLANT, DOYLINE, LOUISIANA. Research Laboratory. objection, the amendment is agreed to. (a) STUDY REQUIRED.—(1) The Secretary of The PRESIDING OFFICER. The The amendment (No. 727) was agreed the Army shall conduct a study of the feasi- clerk will report. bility, costs, and benefits for the conveyance The legislative clerk read as follows: to. of the Louisiana Army Ammunition Plant as The Senator from Michigan [Mr. LEVIN], Mr. WARNER. I move to reconsider a model for a public-private partnership for for Mrs. FEINSTEIN, for herself, Mr. REID, and the vote. the utilization and development of the Plant Mrs. BOXER, proposes an amendment num- Mr. LEVIN. I move to lay that mo- and similar parcels of real property. tion on the table. (2) In conducting the study, the Secretary bered 824. The motion to lay on the table was shall consider— The amendment is as follows: agreed to. (A) the feasibility and advisability of en- (Purpose: To require the submittal of a sur- tering into negotiations with the State of vey on perchlorate contamination at De- AMENDMENT NO. 822 Louisiana or the Louisiana National Guard partment of Defense sites) Mr. WARNER. Mr. President, I offer for the conveyance of the Plant; At the end of subtitle B of title III, add the an amendment that would provide an (B) means by which the conveyance of the following: equitable offset for any fee charged the Plant could— SEC. 332. SUBMITTAL OF SURVEY ON PER- Department of Defense by the Depart- (i) facilitate the execution by the Depart- CHLORATE CONTAMINATION AT DE- ment of State for maintenance, up- ment of Defense of its national security mis- PARTMENT OF DEFENSE SITES. grade, or construction of United States sion; (a) SUBMITTAL OF PERCHLORATE SURVEY.— (ii) facilitate the continued use of the diplomatic facilities. Not later than 30 days after the date of the Plant by the Louisiana National Guard and enactment of this Act, the Secretary of De- The PRESIDING OFFICER. The the execution by the Louisiana National fense shall submit to the appropriate com- clerk will report. Guard of its national security mission; and mittees of Congress the 2001 survey to iden- The legislative clerk read as follows: (C) evidence presented by the State of Lou- tify the potential for perchlorate contamina- The Senator from Virginia [Mr. WARNER] isiana of the means by which the conveyance tion at all active and closed Department of proposes an amendment numbered 822. of the Plant could benefit current and poten- Defense sites that was prepared by the tial private sector and governmental tenants The amendment is as follows: United States Air Force Research Labora- of the Plant and facilitate the contribution tory, Aerospace Expeditionary Force Tech- (Purpose: To provide an equitable offset for of such tenants to economic development in nologies Division, Tyndall Air Force Base any fee charged the Department of Defense Northwestern Louisiana; and Applied Research Associates. by the Department of State for mainte- (C) the amount and type of consideration (b) APPROPRIATE COMMITTEES OF CONGRESS nance, upgrade, or construction of United that is appropriate for the conveyance of the DEFINED.—In this section, the term ‘‘appro- States diplomatic facilities) Plant; priate committees of Congress’’ means— On page 69, line 5, strike ‘‘AIRLIFT’’. (D) the evidence presented by the State of (1) the Committee on Environment and On page 70, between the matter following Louisiana of the extent to which the convey- Public Works of the Senate; and line 9 and line 10, insert the following: ance of the Plant to a public-private partner- (2) the Committee on Energy and Com- (c) COSTS OF GOODS AND SERVICES PROVIDED ship will contribute to economic growth in merce of the House of Representatives. TO DEPARTMENT OF STATE.—For any fee the State of Louisiana and in Northwestern The PRESIDING OFFICER. Is there charged to the Department of Defense by the Louisiana in particular; further debate on the amendment? Department of State during any year for the (E) the value of any mineral rights in the Mr. WARNER. There has been a maintenance, upgrade, or construction of lands of the Plant; United States diplomatic facilities, the Sec- (F) the advisability of sharing revenues clearance on this side. retary of Defense may remit to the Depart- and rents paid by current and potential ten- The PRESIDING OFFICER. Without ment of State only that portion, if any, of ants of the Plant as a result of the Arma- objection, the amendment is agreed to. the total amount of the fee charged for such ment Retooling and Manufacturing Support The amendment (No. 824) was agreed year that exceeds the total amount of the Program; and to.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6902 CONGRESSIONAL RECORD — SENATE May 22, 2003 Mr. LEVIN. I move to reconsider the the Youth Challenge Program. Youth The PRESIDING OFFICER. Without vote. Challenge is funded on a formula basis, objection, it is so ordered. Mr. WARNER. I move to lay that mo- whereby the Federal Government con- Mr. WARNER. Mr. President, I ask tion on the table. tributes 60 percent of the funds and unanimous consent that following the The motion to lay on the table was States contribute 40 percent. Regret- amendments, that only amendments in agreed to. tably, many States are facing steep order are relevant under the original AMENDMENT NO. 785 budget shortfalls, and they are having agreement and subject to relevant sec- (Purpose: To strengthen the authority under difficulty meeting the 40 percent ond-degree amendments. section 852 to provide Federal support for match. Already, New York and Mis- The PRESIDING OFFICER. Without the enhancement of the emergency re- souri have closed their Youth Chal- objection, it is so ordered. sponse capabilities of state and local gov- lenge programs. Mr. WARNER. We have a package of ernments) This amendment authorizes the De- amendments. There are additional Mr. LEVIN. Mr. President, on behalf partment to increase the Federal amendments, all of which must be in of Senator DODD, I offer an amendment match, temporarily, until the States conformity with the unanimous con- to establish a grant program to support get their financial houses in order. For sent, pending relevancy at the desk. increasing the number of firefighters to fiscal year 2004, the Federal match All have to be checked through that address emergencies and terrorist would increase to 65 percent. For fiscal system. They are: First, Durbin; sec- threats. year 2005 and fiscal year 2006 the Fed- ond, Domenici; third, Landrieu; fourth, The PRESIDING OFFICER. Will the eral match would increase to 70 per- Kerry. Further, Senator GRASSLEY has Senator please submit the amendment. cent. However, it is expected the States an amendment. All of these have to be Mr. LEVIN. I apologize. will have recovered from budgetary dif- passed through the parliamentary The PRESIDING OFFICER. The ficulties by fiscal year 2007; therefore, unanimous consent. clerk will report. Mr. REID. These are subject to rel- the Federal match would fall back to 65 The legislative clerk read as follows: evant second-degree amendments. percent in all subsequent years. The Senator from Michigan [Mr. LEVIN], Mr. WARNER. I say to my distin- There is no more effective program for Mr. DODD, proposes an amendment num- guished colleague, there is a Boxer to make high school dropouts contribu- bered 785. amendment regarding contracting, sub- tors, rather than anchors, to society. I (The amendment is printed in the ject to a relevant second degree. hope you will join me in supporting RECORD of May 21, 2003, under ‘‘Text of Mr. REID. We just got a call from this amendment. Amendments.’’) Senator BYRD. We are going to have to Mr. WARNER. Mr. President, I be- The PRESIDING OFFICER. Is there wait. lieve we are ready to proceed. further debate on the amendment? I suggest the absence of a quorum. Mr. REID. Mr. President, if the Sen- Mr. WARNER. Mr. President, it has The PRESIDING OFFICER. The ator will yield, without losing his right been cleared on this side. I ask unani- clerk will call the roll. to the floor. mous consent that the Senator from The legislative clerk proceeded to Mr. WARNER. Yes. call the roll. Virginia be added as a cosponsor. Mr. REID. Tremendous progress has The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I ask been made in the last few hours, as we objection, the Senator will be added as unanimous consent that the order for have seen by these amendments. We a cosponsor. the quorum call be rescinded. are very close to being able to issue a Without objection, the amendment is The PRESIDING OFFICER (Mr. BUN- consent we hope will be agreed upon to agreed to. NING). Without objection, it is so or- The amendment (No. 785) was agreed finalize the bill, but we need just a dered. to. minute to do that. There is a call in AMENDMENT NO. 691 Mr. LEVIN. Mr. President, I also ask the cloakroom we have to resolve be- Mr. WARNER. Mr. President, again I unanimous consent to be added as a co- fore we do that. proceed to a unanimous consent re- sponsor of the amendment. And I ask if Mr. WARNER. May I suggest we put quest as follows: I ask unanimous con- we can leave the roll open for cospon- in a quorum call. sent that the Senate now resume con- Mr. REID. Would the Senator from sors until 6 o’clock tonight—until we sideration of the Murray amendment Virginia do that, please. go out—for additional people to be No. 691, and there then be 60 minutes of Mr. WARNER. The Senator from Vir- added as cosponsors. debate equally divided in the usual ginia suggests the absence of a quorum. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The form prior to a vote in relation to the objection, it is so ordered. clerk will call the roll. amendment, with no amendments in AMENDMENT NO. 821 The legislative clerk proceeded to order prior to the vote; I ask consent Ms. LANDRIEU. Mr. President, I can call the roll. that the following amendments be the think of few better uses of Federal dol- Mr. WARNER. I ask unanimous con- only amendments in order and be rel- lars than the benefits derived from our sent that the order for the quorum call evant as under the original agreement commitment to the National Guard’s be rescinded. and subject to relevant second degrees: Youth Challenge Program. Every year, The PRESIDING OFFICER. Without A package of amendments that have over 500,000 boys and girls drop out of objection, it is so ordered. been cleared and are being cleared by school. High-school dropouts face a Mr. WARNER. Mr. President, I ask both managers; the Boxer amendment much more difficult life after leaving unanimous consent that the Senate regarding contracting and subject to school than their peers who continue now resume consideration of the Mur- relevant second degree; Domenici their educations to finish high school. ray amendment, No. 691, and there then amendment on border security, to be Drug use and run-ins with the law be 60 minutes of debate, equally di- resolved; Kerry, air travel; Landrieu, often plague high school dropouts for a vided in the usual form, prior to a vote subject to being relevant; Grassley, life-time. in relation to the amendment, with no ground systems, subject to relevancy. The Youth Challenge Program has amendments in order to the amend- Mr. REID. Reserving the right to ob- reclaimed the lives of over 45,000 chil- ment prior to the vote. ject, Domenici, Kerry, Landrieu, Grass- dren through the instillment of dis- Mr. REID. Mr. President, if I may in- ley also have the same language, that cipline, self-respect, commitment to terrupt, I failed to mention this to my they be subject to relevant second-de- citizenry, and the renewed pursuit of a friend a second ago. Our leader has gree amendments. We have stated that diploma. It costs over $40,000 a year for asked that the vote occur at 2:15, rath- twice. I want to make sure that is a child to be detained in a juvenile de- er than an hour from the time it be- clear. tention center. On the other hand, gins. We would still only have an hour Mr. WARNER. I ask unanimous con- Youth Challenge can reclaim a child of debate. There are other things we sent that following disposition of the from a life of wrong-turns for $14,000 a can do during that period of time. So I above amendment, the bill be read a child. ask for that modification. third time, and the Senate then pro- I am pleased the President and the Mr. WARNER. Yes, that is accept- ceed to a vote on passage of the bill Senate have committed $65.2 million to able. with no intervening action or debate.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6903 The PRESIDING OFFICER. Without WELL, COLLINS, SCHUMER, JEFFORDS, not hinder the military’s ability to objection, it is so ordered. DURBIN, LAUTENBERG, CORZINE, and carry out its missions or to provide Mr. WARNER. Mr. President, I now BINGAMAN. medical services. ask unanimous consent that at a time The PRESIDING OFFICER. Without Finally, do not believe anyone who determined by the majority leader, objection, it is so ordered. tells you that our military, the finest after consultation with the Democratic Mrs. MURRAY. Mr. President, the military in the world, is not capable of leader, the Senate proceed to the con- Senate now has before it a very impor- providing these health services or that sideration of S. 1104, introduced by tant amendment. I think all of us know our military is unable to determine the Senator BROWNBACK, relating to paren- that women have played a critical role cost. The truth is that today the De- tal notification, provided that imme- in all of our country’s recent military fense Department allows for privately diately upon the reporting of the bill, actions. funded abortions in the case of rape or the majority leader or his designee be In Afghanistan, in Iraq, and in mis- incest. The ultimate proof that this is recognized in order to file a cloture sions throughout the world, women something our military can do is that, motion on the bill. I further ask con- have demonstrated their skill, their prior to 1988, the Department of De- sent that there then be 60 minutes for sacrifice, and their courage. We can all fense did allow privately funded abor- debate only, equally divided between be very proud of the women who have tions at overseas military facilities. served in our military. They are our Senators BROWNBACK and MURRAY, and So, clearly, this can be done. So let’s that following that debate time, not- mothers, our daughters, they are our make sure we are all straight on those withstanding the provisions of rule sisters, and they are our neighbors. four points. There is no direct Federal They put themselves in harm’s way to XXII, the Senate proceed to an imme- funding. No medical provider would be protect our freedom. They live and diate vote on the motion to invoke clo- required to do anything they oppose. work in hostile combat zones under ture on the underlying bill, without in- No significant burden would be placed very dangerous conditions. They make tervening action or debate; provided on the military. And there is no doubt sacrifices every day to defend our Na- further that if cloture is not invoked, that our military can do this because it tion. the bill be placed on the calendar. If But today, military women are has done it before, prior to 1988, and cloture is invoked, I would ask consent forced to sacrifice their own constitu- does it today in cases of rape or incest. that it be in order to file first-degree tional rights, as they risk their lives to Anyone who comes to the Senate amendments up to the cloture vote, protect our freedom. No woman—— floor and makes any of those claims I and second-degree amendments up to 3 The PRESIDING OFFICER. Will the have just rebutted is raising red her- hours after the vote. Senator suspend just a moment, please. rings as a distraction from the real The PRESIDING OFFICER. Is there Could we have order so the Senator issue. The real issue is the health of objection? Without objection, it is so from Washington can be heard? women who serve our country and re- ordered. Thank you very much. The Senator spect for their rights and freedom. Mr. REID. Mr. President, if the Sen- from Washington. The current policy on the books ator will yield, this took just a few Mrs. MURRAY. Thank you, Mr. today is an insult to women. It is a re- minutes to read. It took hours to ac- President. jection of their rights and it is a threat complish. Mr. President, no woman should be to their health. Under current restric- We are now going to a situation forced to surrender her constitutional tions, women who have volunteered to where Senator MURRAY and Senator rights when she puts on a military uni- serve their country, and female mili- BROWNBACK will debate for 1 hour. Fol- form and volunteers to serve our coun- tary dependents, are not allowed to ex- lowing that, there will be a vote on or try overseas. But that is exactly what ercise their legally guaranteed right to in relation to the Murray amendment. happens today, and it must stop. The choose, simply because they are serv- Following that, we will work our way women of our military risk their lives ing overseas. These women are com- through these other amendments that to protect our rights, but if they serve mitted to protecting our rights as free have been declared to be in order on abroad they are being denied access to citizens. Yet they are denied one of the this bill. Some of them, I hope, will be safe, legal, constitutionally protected most basic rights afforded all women in resolved. health care. this country. This is an important I personally extend my appreciation Today I am on the floor of the Senate women’s health amendment. to the two managers of this bill for to offer an amendment to ensure that Women should be able to depend on their patience, their understanding, our military women when they serve their base hospital and military health and also Senator MURRAY and Senator overseas have access to the same care providers to meet all of their BROWNBACK. The issue about which we health care as they get here at home. I health care needs. To single out abor- are going to debate for an hour is very again thank all my cosponsors, Sen- tion-related services could jeopardize a sensitive to everyone, those two Sen- ators SNOWE, BOXER, CANTWELL, COL- woman’s health. The current policy ators especially. They have also been LINS, SCHUMER, JEFFORDS, DURBIN, does not ensure the access women need courteous to each of us and each other. LAUTENBERG, CORZINE, and BINGAMAN. for four reasons. I think this is a fair way to proceed. Before I go into detail, I want to clar- First of all, a woman today must Mr. WARNER. I thank the distin- ify what this is about and what it is seek the approval of her commanding guished Democratic leader. He has been not about. There are four very impor- officer for transport back to the United too modest to say he, together with the tant aspects to understand. States. That could be very humiliating distinguished Senator from Kentucky First of all, this amendment does not and can be a deterrent to a woman to on this side, has been an integral part require any direct Federal funding of getting the care that she needs. We of enabling this agreement to be for- abortion-related services. My amend- know, from a GAO report that was mulated. ment simply requires these women to issued in May of 2002, that many com- I yield the floor. pay for any costs associated with an manding officers—and I quote: AMENDMENT NO. 691 abortion in a military facility. So no . . . have not been adequately trained The PRESIDING OFFICER. Now direct Federal funding is involved. about the importance of women’s basic there are 60 minutes evenly divided on Second, my amendment does not health care. Department of Defense officials the Murray amendment. Who yields compel a medical provider to perform said that lacking this understanding, some time? abortions. All branches of the military commanders may be reluctant to allow ac- The Senator from Washington. allow medical personnel who have tive duty Members, both men and women, Mrs. MURRAY. Mr. President, is the moral or religious or ethical objections time away from their duty station to obtain Murray amendment called up? to abortion not to participate. So this health care services. The PRESIDING OFFICER. It is amendment does not change or alter So women have to face the humilia- pending. conscience clauses for military medical tion of asking a superior officer for per- Mrs. MURRAY. Mr. President, I ask personnel. mission over something that the GAO that I be allowed to add cosponsors as Third, this will not create any sig- found many commanders do not under- follows: Senators SNOWE, BOXER, CANT- nificant burden on the military. It will stand or appreciate.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6904 CONGRESSIONAL RECORD — SENATE May 22, 2003 Second, the current policy jeopard- women have done in Iraq and in Af- an abortion. We would extend this izes a woman’s right to privacy because ghanistan, we owe them nothing less right to parents of military personnel she must disclose her medical condi- than the same rights they are fighting as well. That is what is considered in tion to her superiors with no guarantee to protect for all of us. the second degree. that her medical concerns will be kept This is a test for every Senator. I appreciate the Senator from Wash- confidential. That is a very important Every Senator is going to have to an- ington working that out with us so we point. She would have to disclose her swer to the women who serve our coun- are able to take up both of these dif- medical condition to her superiors in try overseas. Will you stand up for the ficult issues. the Air Force or the Army, in the serv- rights of women who, today, are stand- I also thank the Senator from Wash- ice, with no guarantee that her medical ing up to ensure your freedom? Either ington for her passion and caring for concerns will be kept confidential. you respect the women who serve our women in the armed services. She Third, the woman is not afforded country overseas and you agree that stands up strongly for women’s rights, medical leave, so she is further penal- they deserve the same rights and free- particularly for women’s rights in the ized under the current policy. doms as women here at home or you do military. I appreciate that. I have no And fourth, because of these unfair not. That is the choice. Either you re- qualms about her passion or her heart restrictions, many women are forced to spect the women who serve our country at all. I recognize and applaud both. seek care off the base, in a foreign overseas and you agree that they de- But we have a narrow specific issue country. That country may have dif- serve the same rights and freedoms as here that goes to the very core of what ferent cultural and religious norms and women here at home or you do not. we are about as a society today. It goes different standards of health care. That is the case. to the very core issue of culture of life Many women have little or no under- If you vote against the Murray- and culture of death that is being standing of the laws or restrictions in Snowe amendment, you are simply broadly discussed in the culture today. a host country, and there may also be telling American servicewomen that And that is being played out here on significant language and cultural bar- when they serve overseas protecting the issue of military bases. It goes to riers as well. So let’s be honest. Some our country and risking their lives the issue of the legal status of the child of the countries our military operates that they can’t be trusted with the in utero. in are not very progressive when it constitutional right to health care that I certainly recognize the passion of comes to women’s issues, and that women here at home in the United the Senator from Washington for wom- could threaten our service women. States have. They deserve more respect en’s rights. I applaud that. But there is In addition, these countries may not than that. also another person involved here and have adequate safety and medical I hope my colleagues will vote for the there are other issues involved here. standards. Here in the United States, Murray-Snowe amendment. On February 10, 1996, the National I retain the remainder of my time. Defense Authorization Act for fiscal we take for granted the safety of our The PRESIDING OFFICER. The Sen- year 1996 was signed into law by then- health care service. When we seek care ator from Kansas is recognized for 30 in our doctors’ offices or in a clinic, we minutes. President Clinton with a provision to assume all safety and health standards Mr. BROWNBACK. Mr. President, I prevent Department of Defense medical are adhered to. Unfortunately, that is wish to, first, thank the Senator from treatment facilities from being used to not the case in many countries. Washington for bringing up this issue. perform abortions except for when the Under current conditions, we are sub- I think there was a relevancy issue as- life of the mother is in danger or in the jecting women to standards in a for- sociated with it. There was a big de- case of rape or incest. eign country where they may not be bate about this last night. It was even- That is the current status for the use safe, where they may not be health tually deemed relevant. of military base health facilities to standards where we can assure that I then proposed a second-degree provide for abortion. They can be pro- their basic health care is taken care of. amendment that would require paren- vided at military bases in the cases of Finally, because of all these barriers, tal notification of the type which is in- rape, incest, or when the life of the women may delay getting the care volved with 43 of our States. Forty- mother or military personnel is endan- they urgently need. Many women are three States have parental notifica- gered. This would be obviously women forced to delay the procedure for sev- tion—that a minor on a military base, in the military or a female dependent eral weeks until they can travel to a a dependent, could not get an abortion in the military. location where safe, adequate care is until either parent was notified—just This provision—10 United States available. Each week that an abortion notified, not consent, just notified— Code 1093(b)—reversed a Clinton admin- is delayed there are greater risks to a within 48 hours before the abortion or istration policy instituted on January woman’s health. that there be a judicial oversight. So 22, 1996, permitting abortions to be per- So the current policy is humiliating. that if either parent were not available formed at military facilities, period. It is a threat to women’s privacy. It is or accessible, or the child didn’t want In other words, all abortions on de- punitive. It is a threat to women’s safe- to notify the parent, they could get the mand could be provided according to ty, and it is a threat to women’s court to rule that the abortion go the Clinton administration policy that health. Those are not the types of bur- ahead and the parent not be notified was put into place immediately after dens we should be putting on women or, if it were a catastrophic situation President Clinton became President. who volunteer to serve our country and and the life of the minor was in jeop- Previously—from 1988 to 1993—the defend our freedoms. ardy, the doctor could go forward and performance of an abortion was not The current policy is unfair to provide the abortion without a notifi- permitted at military hospitals except women. It denies them their constitu- cation period. when the life of the mother was endan- tional rights. My amendment before That was the second degree that was gered. the Senate today will correct that. being proposed. We had a spirited dis- I think you can start to see the pro- This amendment is supported by the cussion here privately about this. gression here that was taking place. American College of Obstetricians and I thank the managers of the bill. I Under President Reagan, there was a Gynecologists. It is supported by the thank particularly the two whips on ei- provision that you could provide an American Medical Women’s Associa- ther side for pushing this forward to abortion on a military base if the life tion. It is supported by Physicians for get us to resolve the issue; that what of the mother was in danger. That con- Reproductive Choice in Health. And it we are going to do today is take up the tinued through President Reagan and is supported by the National Partner- Murray amendment and take up the President Bush 1. Then President Clin- ship for Women and Families. parental notification issue at a later ton came into office and immediately The Senate agreed to this amend- date—I hope a week or two after we get opened up all military facilities for all ment. The Department of Defense has back from the break. I think it is an abortions and said they could be per- followed this policy before. And, fi- important issue as well. formed. nally, let me just say, after the inspir- The parents in 43 States are notified In February 1996, that was limited. ing and courageous work our military if their minor child is seeking to have Abortions could be provided in cases of

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6905 rape and incest and when the life of the not permitted will have nowhere else majority in this body will oppose. It mother was endangered, but it was an to turn to obtain an abortion. However, could affect adversely our ability to expansion from where it was in the DOD policy requires military doctors conduct a harmonious conference with Reagan administration. to obey the abortion laws of the coun- the House of Representatives. It could That is the law of the land as it is tries where they are providing services, even result in a veto by the President today. so they still could not perform abor- of the United States. The Murray amendment, which tions at those locations. I know there is a strong abortion would repeal this pro-life provision, at- Military treatment centers, which agenda still out here, even though the tempts to turn these taxpayer-funded are dedicated to healing and nurturing polling numbers continue to show ero- DOD medical treatment facilities into life, should not be forced to facilitate sion for that position. facilities that provide abortion on de- the taking of the most innocent human This side of the aisle—Senator mand for military personnel and their life: the child in utero—and this as an BROWNBACK and others who care about dependents. The Senate should reject elective, on demand, not in cases of the issue—has not injected abortion this amendment. This is what the issue rape, incest, life of the mother, which into the Defense debate, but it has been is about. are currently provided under the law raised by the pro-abortion agenda When a similar amendment passed concerning the Department of Defense. groups. I think that is not healthy. I last year, Secretary of Defense Donald I urge my colleagues to vote down wish it had not happened. I know there Rumsfeld warned that the President’s this Murray amendment and free has been a debate over whether or not senior advisers would recommend the America’s military and the Depart- it is even relevant, but the Parliamen- President veto the Defense authoriza- ment of Defense authorization bill tarian had ruled that it is, so we will tion bill on this issue. So you are talk- from abortion politics. American tax- have this vote today. ing about an abortion issue of pro- payers should not be forced to fund fa- I will just note, as an example of the viding abortions in medical military cilities that destroy innocent human reality of the problem, we had a bank- facilities, a narrow, overall issue bring- life. I urge my colleagues to reject that ruptcy bill that I worked on in the Ju- ing down the entire Defense authoriza- amendment. diciary Committee—and others did—for tion bill—on this issue where abortions I would also urge my colleagues, several years. We voted on it on the are provided for rape, incest, life of the when we bring up the parental notifica- floor of this body and got 87 votes for mothers, but not on demand for all tion bill, that they would support such it. Yet it died in committee because a abortions. That could bring down the a provision. The parental notification pro-abortion amendment had been whole bill. bill would—and that is one parent, not placed on it. The conference committee Using the coercive power of Govern- both—one parent is simply notified 48 could not break the deal, and eventu- ment to force American taxpayers to hours in advance of an abortion being ally the entire bill failed. fund health care facilities where abor- provided to their minor child if that is Mr. CARPER. Will the Senator yield? tions are performed would be a terrible going to take place on a military base. Mr. SESSIONS. Yes. precedent that would put many Ameri- And if either parent cannot be reached, Mr. BROWNBACK. On your time, Mr. cans in a difficult position of saying: or if the child believes this would en- President. They are using my taxpayer money to danger, somehow, him or herself, there Mr. CARPER. I just want 1 minute, if fund something that I don’t agree is a judicial override or the doctor I could. with—abortion on demand. Yes, I can could go ahead and even perform and The PRESIDING OFFICER. The Sen- understand it in cases of life of the note in the record as to why, for health ator from Alabama controls the time. mother, certainly, and of rape and in- reasons, he did not notify. This isn’t Mr. SESSIONS. I yield for 1 minute, cest, but not on demand. consent, it is notifying the parent. if he would use Senator MURRAY’s When the 1993 policy permitting It is not the issue up, but thanks to time. abortions in military facilities was the Senator from Washington, to help Mrs. MURRAY. I am happy to yield 1 first promulgated, military physicians, get this agreed to, to work this out, we minute to the Senator. as well as many nurses and supporting will be considering that parental noti- The PRESIDING OFFICER. The Sen- personnel, refused—refused—to perform fication provision. ator is recognized for 1 minute. or assist in elective abortions. In re- Mr. President, I reserve the remain- Mr. CARPER. Mr. President, on the sponse, the administration sought to der of our time. issue the Senator raises in relation to hire civilians to do abortions. That We do have other speakers to the bankruptcy legislation, I make a should tell us something about what is present. If it would be appropriate for point of clarification. This is an issue I taking place here. The military per- the Senator from Washington, we could care about as much as the Senator sonnel themselves—the physicians—do bounce back and forth. I do have a from Alabama. The language that died, not want to do these elective abor- speaker who is here. after having been reported out to the tions. Mr. President, how much time re- conference committee, was language Therefore, if the Murray amendment mains on our side on the amendment? that said when a person commits a vio- were adopted, not only would taxpayer- The PRESIDING OFFICER. Nineteen lent act for which they are convicted funded facilities be used to support minutes, 20 seconds. and fined, they cannot discharge that abortion on demand, but resources Mr. BROWNBACK. Mr. President, I fine in a court of bankruptcy. would be used to search for, hire, and yield up to 10 minutes to my colleague It does not say anything about abor- transport new personnel simply so that from Alabama. tion. It does not say anything about the abortions could be performed out- The PRESIDING OFFICER. The Sen- abortion clinics. It says if you have side of this narrow scope of rape, in- ator from Alabama. been convicted of a violent act, you cest, life of the mother that would be Mr. SESSIONS. Mr. President, I rise cannot go to a court of bankruptcy and on all other abortions. in opposition to the Murray amend- discharge that claim for which you In fact, according to CRS, a 1994 ment. have been convicted and fined. That is memorandum from the Assistant Sec- We worked hard on this bill. I serve what it said. retary of Defense for Health Affairs— on the Armed Services Committee. We Mr. SESSIONS. Will the Senator this would be under the Clinton admin- are still in a state of conflict in Iraq. yield for a question? Does the Senator istration—‘‘direct[ed] the Military We have hostilities and dangers around yield? Health Services System to provide the world. We made a commitment, as Mr. CARPER. I just wanted to make other means of access if providing pre- a Senate, to move forward, to move that clear. paid abortion services at a facility was this Defense bill early this year, not The PRESIDING OFFICER. The Sen- not feasible’’—how outside individuals wait until the last minute, to do our ator from Alabama. performed abortions on military bases. work properly. Mr. SESSIONS. I do not think the One argument used by supporters of This bill is endangered now by a Senator, who is a great colleague, abortions in military hospitals is that highly controversial amendment, would dispute the fact that language women in countries where abortion is which I oppose, and which I think a resulted in the failure of that bill.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6906 CONGRESSIONAL RECORD — SENATE May 22, 2003 People care about this issue. It is a not permitted. A CNN Gallup poll in Mrs. MURRAY. Would the Senator big deal to people. It is a personal and 2003 asked, should parental consent be restate the question? emotional issue that I don’t think required for an abortion? Yes, 73 per- Mr. DURBIN. It is my understanding needs to be pressed at this point. cent. that under certain circumstances, such Our military physicians and nurses Regardless of how we personally feel as rape or incest, at military hospitals are not happy with it. It would require about this issue, it ought not to be on around the world today, abortions are us to utilize military hospitals as fa- this bill. It is not what we need to be being performed; is that correct? cilities to carry out abortions. It would debating now. We need to be focused on Mrs. MURRAY. The Senator is cor- make our hospitals a part of the abor- our men and women in harm’s way, rect. In all military facilities, women tion process. It would utilize Federal providing them with the necessary who are victims of rape or incest do property and resources to that degree. funding and resources and equipment have the opportunity to receive abor- It covers not just foreign hospitals but needed to do their job. We don’t need to tions. every hospital in America. jeopardize this bill in conference or Mr. DURBIN. I thank the Senator Yes, it is legal—clearly legal—that a subject it to a possible Presidential from Washington. That clarifies some woman can have an abortion and can veto as a result of this amendment. of the things that have been said. The use her own money to that effect, but I thank Senator BROWNBACK for his Federal Government will not be paying we have sort of reached an under- leadership and yield back such time as for the abortion. The woman in the standing and compromise in the Con- I may have. military who seeks it must pay out of gress that it is legal but because of re- Mr. BROWNBACK. Mr. President, I her own pocket. The doctors involved spect for people with differing views, reserve the remainder of my time. in this procedure will not be compelled we just will not use taxpayers’ money Mrs. MURRAY. How much time re- to do so if it violates their own moral- to fund it. There is just sort of a truce, mains on our side? ity or their own conscience by the Mur- in a way, that has been reached. I The PRESIDING OFFICER. Senator ray amendment. And military hos- think it is probably something we just MURRAY has 18 minutes 15 seconds. pitals serving U.S. personnel around have to live with at the present time. Mrs. MURRAY. I yield 10 minutes to the world today already provide abor- I don’t see any need to pressure or the Senator from Illinois. tions in emergency circumstances in- embarrass doctors and nurses who do Mr. DURBIN. I thank the Senator volving rape or incest. not feel comfortable doing this. We from Washington. I listened to a de- We have to be honest about what the know this. There was a survey done of scription of her amendment by the amendment does and does not do. This the Army, Navy, and Air Force obste- Senator from Alabama. It did not is what it does. It says to women who tricians; 44 of them were surveyed. All sound like the amendment she de- have volunteered—and we are now but one said they adamantly opposed scribed. I want to ask a few questions dealing with an All-Volunteer Force— doing abortions. One later said that so it is clear. to join the U.S. military and to lay physician was opposed to abortions. Does this amendment in any respect their lives on the line, to risk their Some of these were women physicians. require the Federal Government to pay lives and their future for their country, Nurses are not comfortable with it. I for an abortion? that they will not be compromised. don’t believe we ought to be requiring Mrs. MURRAY. This amendment They will not be surrendering their military hospitals to go out and hire does not require the Federal Govern- constitutional right to make a choice other physicians to come in on Govern- ment to pay for an abortion. In fact, it to control their own reproductive free- ment taxpayer funded property to con- will allow the woman herself to pay dom. duct these procedures. It is just not out of her own personal private funds There are some on the other side who necessary. for an abortion in a military hospital say, no, they may have that constitu- President Bush has made clear he op- overseas. tional right in the United States, but poses using taxpayers’ money to fund Mr. DURBIN. So under this amend- once they have taken the oath to serve abortions. Passage of this amendment ment, women in the U.S. military who the U.S. Army or Navy, in that situa- would threaten that. seek, through their constitutional tion they have given up their constitu- I believe women are playing an in- right, an abortion service would have tional right. Is that what we want to creasingly valuable role in our mili- to pay for it out of their own pocket? say? tary. I spent over 10 years as a reserv- Mrs. MURRAY. That is correct. After going through the Iraqi war ist and served with many fine women Mr. DURBIN. Secondly, there has where women in uniform were captured officers. The unit I was a part of in Mo- been a suggestion made that if your as prisoners of war, put their lives on bile, AL, is now in Kuwait commanded amendment passes, it will require doc- the line, are we saying to those women by a woman officer. I can’t tell you tors, for example, in medical facilities and thousands like them that if you how proud I am of them. I am not hear- connected with the armed services, to join the U.S. military you give up your ing from the women I know in the mili- perform an abortion if they object to constitutional right? Is that what we tary that this is something they are performing that procedure under their are saying to those who we are trying demanding, frankly. I don’t think the own conscience; is that correct? to recruit to join the military? I hope American people are. Mrs. MURRAY. That is not correct. not. I will just point out some numbers The amendment, as I have offered, has I hope we are saying that we recog- that deal with this subject. If anybody a conscience clause for all doctors nize the reality of service, particularly cares, a January 2003 poll of ABC News/ overseas. overseas. A woman finds herself in a Washington Post—not conservative Mr. DURBIN. So if a doctor at a mili- difficult circumstance, where she groups—showed that only 23 percent tary hospital says, even though this wants to seek, under her constitutional were for abortion to be legal in all young woman who is in the armed serv- right guaranteed by the Supreme cases. That is less than a fourth. The ices comes to me for an abortion proce- Court, the right to terminate a preg- same poll found, when asked this ques- dure and I object to it on religious and nancy in the first, second, and third tion, should we make abortion harder moral grounds—that doctor is not month. Now in the military she has to to get, 42 percent said yes; easier to get going to be compelled to perform an go ask permission of the commanding an abortion, 15 percent said yes. So 42 abortion under this amendment? officer and may be forced into a situa- percent thought it ought to be harder Mrs. MURRAY. That is absolutely tion where she has to find a way back to get an abortion and 15 percent correct. This amendment does not com- to the United States in order to protect thought it should be easier. pel any medical provider to perform an her own health and make her own deci- In January of 2003, a CBS News/New abortion. sion. York Times poll asked this question: Mr. DURBIN. There has also been a This comes down to a fundamental should abortion be generally available, suggestion that in U.S. military hos- question: Are women serving in the 39 percent; stricter limits, 38 percent; pitals around the world, there is no U.S. military to be treated as second- not permitted, 22 percent. Sixty per- provision for abortion services; is that class citizens? Those who oppose the cent favored either stricter limits or correct? Murray amendment say, yes, once you

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6907 have said, as a woman, that you will ing says ‘‘no medical treatment facil- you are using taxpayer-funded facili- serve in the military, you have given ity or other facility of the Department ties to provide abortions. So you can up your constitutional right to control of Defense. . . .’’ So you are talking see a situation in this country where your own body and your own reproduc- about overseas facilities and domestic you would have a military facility in tive freedom. facilities. These would be facilities Kentucky or in the State of Wash- That is a terrible thing to say. overseas and in the U.S. that could ington being protested by people who Frankly, it says that we denigrate the both be used to provide abortion on de- are pro-life because their taxpayer- contribution and the heroism of the mand. This is removing this restriction funded facility is being used to provide women who joined the U.S. military. that it would just be in the case of the abortions on demand—not just for the What Senator MURRAY is asking for life of the mother, rape, and incest, is life of the mother, rape, and incest. is perfectly reasonable. A woman in the that correct? Again, I recognize the strong support military at her own expense can go to Mrs. MURRAY. The Senator is cor- Senator MURRAY puts forward for the a military hospital which already pro- rect only in that it would strike the rights of women, and I applaud that. vides abortion services as a normal language in the bill which would put us But we are talking about a very sen- course for victims of rape and incest, back to the previous language that is sitive issue for a number of people can go to a doctor who has willingly in the statute today, which I am happy when you talk about the use of tax- and voluntarily agreed to be part of to provide him, which I accurately de- payer dollars to do something they this counseling and part of this proce- scribed in my statement. really don’t agree with. I don’t think it dure, and pay out of her own pocket for Mr. BROWNBACK. Maybe the Sen- is wise to do that, one. Two, I don’t the procedure to take place. That is ator can answer this. This would open think we should be tying up the DOD not a special privilege. In fact, it says up both domestic and overseas facili- authorization bill on probably the cen- to that woman, you are just as much ties because the language as stricken tral most difficult issue of our day for an American citizen as your sister says that no medical treatment facility people to really wrestle with. That is back home. or other facility of the Department of what this amendment would do. If we go the opposite course, frankly, Defense may be used—it has no limita- For those reasons, I urge my col- it sends a very sobering message to re- tion saying this is just overseas facili- leagues to look at the actual text of cruiters around America that you have ties. It is any DOD facility. the amendment and oppose the Murray to be honest with the women you are Mrs. MURRAY. The Senator is cor- amendment. seeking to recruit and tell them that rect. I remind the Senator that domes- I yield the floor and retain the bal- once they take that oath to the United tically in the service, a woman has the ance of my time. States to serve in the military, they right to receive health care services at The PRESIDING OFFICER. The Sen- have given up a constitutional right a hospital. So where this affects a ator has 12 minutes 25 seconds. protected by the laws of the land. woman is when they are serving over- Mrs. MURRAY. Mr. President, I will I commend the Senator from Wash- seas and they don’t have the same ac- make a couple of points. Under current ington for her leadership, and I support cess. law, in the case of rape or incest, at a the amendment. Mr. BROWNBACK. Still, she would military facility an abortion can be The PRESIDING OFFICER. Who have access to DOD facilities in the performed. No one is protesting that yields time? The Senator from Kansas. U.S. today. I again advise my colleague that Mr. BROWNBACK. How much time Mrs. MURRAY. Yes, and she would a woman who is in this country has do I have remaining? have to pay for it out of her own this right, anyway. Where we are con- The PRESIDING OFFICER. Eleven money. cerned, rightfully, is for women who minutes fifty-six seconds. Mr. BROWNBACK. I also note the are serving overseas. They don’t have a Mr. BROWNBACK. If I could engage Senator from Illinois talked about con- constitutional right today to have an and ask the Senator from Washington, science clause protection, where some- abortion. to make sure I am on the same amend- body would not have to provide this. Let me tell you what happens to a ment—I have her amendment here. That is not in your amendment. You woman if she finds herself in difficult What I read here is that the amend- are talking about the base portion of circumstances and is serving overseas. ment does two things: It says: any Department of Defense medical She has to go to her commanding offi- Section 1093 of title 10, United States Code, doctor. cer. Believe me, that is very difficult is amended— Mrs. MURRAY. Under current law, for a woman to do, go to a commanding (1) by striking subsection (b); and all medical providers in the Depart- officer and describe the circumstances (2) in subsection (a), by striking ‘‘RESTRIC- ment of Defense have a conscience she finds herself in, and ask for permis- TION ON USE OF FUNDS.’’ clause. sion to fly home to have an abortion So it strikes those on two words. Mr. BROWNBACK. Thank you. Your performed, where it is legal. That is the only thing I have of an amendment does not have conscience Mr. President, that is humiliating, amendment. Am I correct? Is that the clause protection. That is already part but it is also difficult. She then has to actual text of the amendment? of the base if you are a military physi- wait for a C–17 to be available. Think Mrs. MURRAY. Yes, the Senator is cian, to be able to provide that. about this. We have just seen the con- correct. I want to hone in on what the amend- flicts in Afghanistan and Iraq, and we Mr. BROWNBACK. By striking sub- ment is about. It is about opening up have to make a C–17 available for a section (b), that section reads: Restric- DOD medical facilities, domestically woman to fly home. That is ridiculous. tion on use of facilities: No medical and internationally—the Senator ar- They have the medical facilities there treatment facility or other facility of gues there won’t be that much demand already, and the facilities are avail- the Department of Defense may be used domestically, but it opens it up both able. So we are putting the services at to perform an abortion except for—the ways to provide abortion on demand in risk when we have to fly them home. life of the mother will be in danger if the United States to U.S. military per- This is humiliating and she has to ask the fetus was carried to term or in the sonnel and their dependents. So you her commanding officer. A woman case in which the pregnancy is the re- are talking about a broad array of tax- serving in the country doesn’t have to sult of an act of rape or incest. payer-funded facilities you are opening do that. It is difficult and cumbersome. That provision will be stricken. up to provide abortions in Kentucky, This also really jeopardizes a wom- That is what I have got of what the Washington, Kansas, or wherever. an’s right to privacy because in order amendment is. Is that correct? I want to agree with the Senator to go to her commanding officer, she Mrs. MURRAY. If the Senator will from Washington that we are talking has to disclose her medical condition. hold a second, I will check and then re- about the use of the facilities here— We all would think the officer would spond. taxpayer-funded facilities—that pro- respect her rights, but that is not al- Mr. BROWNBACK. I will make my vide abortions and not necessarily the ways the case. She has to put that full point. We are talking about over- doctor. The doctor may be recruited question in her head when she goes to seas facilities. In actuality, the strik- from outside and paid for privately, but ask them. I don’t think it is fair to the

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6908 CONGRESSIONAL RECORD — SENATE May 22, 2003 women overseas when they disclose who would be able to use these same fa- something was wrong with my pregnancy, their medical condition with no guar- cilities for abortion on demand. The and at 6 weeks I went to the emergency room antees that they will be kept confiden- reason I wanted to put forward a paren- at the Eglin Air Force Base in Florida where we had been stationed. tial. Think of the potential of using tal notification amendment is we will My doctor there told me that everything that against a woman in the service. I have a situation, if the Murray amend- seemed OK from what they could tell. At 16 think that is something none of us ment is adopted and the amendment I weeks, I was in Japan with my husband, and want to place a young woman in the would put forward is not accepted, we I started bleeding. I would bleed weekly for position of having to do. will have a situation at military bases 5 days and then the bleeding would subside. We need to remember a woman is not throughout the United States of mi- I went to the military hospital at Misawa given any medical relief and she is pe- nors of military personnel seeking and they told me I had a placenta previa and that this was a normal side effect and they nalized under this policy. She has to abortions and not notifying their par- sent me home. wait for a C–17 to be available, fly ents and not having to notify their par- Just so everybody knows, placenta home, take the time to have the proce- ents, even though State laws require a previa is a serious problem some dure done, and then return to military different situation. women confront which can impact service. We are taking her out of serv- I want to check that point to make their pregnancy. It can cause severe ice when we need her, and we are caus- sure we would be able to do things dif- problems for the woman including ing her a tremendous amount of dis- ferently on a military base than in hemorrhaging both during delivery and tress, too. State law. post-partum. Remember, we are talking about a The point being we are talking about Continuing the letter: service that is protected constitu- a massive expansion of the use of med- At 20 weeks, I started bleeding heavily, and tionally for any woman who is here in ical facilities on a very troubling area I went back to the hospital. I thought that this country. But these are women who of the law. There is the issue the Sen- my water had broken but the hospital told have volunteered to serve us overseas ator from Washington raised about how me it was not an emergency and kept me in the military. this would actually work. I submit this overnight. My OB/GYN did not visit me until Finally, let us not forget what we is working fairly well right now. We the next morning. They told me that the re- have done to women today who are are not receiving a huge level of com- sults of my triple screen blood test showed serving us in the military and fighting plaints from women in the military possible spina bifida which necessitated an for our freedom. We have put them—if saying: I want to be able to receive an ultrasound. When they did the ultrasound, they don’t want to ask their com- they discovered, as I had thought, that there abortion in any medical facility the was no amniotic fluid surrounding the fetus. manding officer, wait for a C–17, and all military has anywhere in the world in They were unable to detect whether or not of the other conditions we put on cases outside of rape, incest, and life of the fetus had spina bifida. them—today, they can go to a hospital the mother, which are currently pro- For the next day, I was administered IV in a foreign country. Well, think of the vided. This is quite an expansive posi- fluids, and my doctor mentioned that I difficulties of that, where they don’t tion on a very tense subject, and it is might be dehydrated. My cervix remained have the same culture, don’t speak the one that threatens to bring down the closed, however, and they told me there was same language, if a woman has a still a fetal heartbeat. I was told I might de- whole Department of Defense bill. I liver spontaneously within weeks or months, health care procedure done and the urge my colleagues, this is not the but if the baby survived, it would have seri- doctor cannot tell her what she needs time and place for us to do this. It ous health complications due to the fact I to do in the following 24 hours or weeks would be inappropriate to do so. was at risk for infection as well and because to make sure she is taking care of her- Mr. President, I reserve the remain- there was no amniotic fluid surrounding the self correctly, and she cannot under- der of my time. baby. stand him because she doesn’t under- The PRESIDING OFFICER. Who When I asked the hospital what my options stand the language. yields time? were, they told me they could not induce labor or dilate my cervix to deliver because Why would we do that to a woman Mrs. MURRAY. Mr. President, how it would be considered an abortion, but that serving us overseas? I think we ought much time remains on my side? I was at risk for infection. My doctor told me to go back and put in place a provision The PRESIDING OFFICER. Eight that in order to have an abortion, they would in the law that has worked before that minutes and 13 seconds. have to have my situation reviewed by a simply gives women who serve us the Mrs. FEINSTEIN. May I have 5 min- medical board and that she didn’t know how same constitutional right women in utes? long this would take. She told me that dur- this country have today. That is what Mrs. MURRAY. Mr. President, I yield ing her 7 or 8 years of practice in a military this amendment is about. That is what 5 minutes to the Senator from Cali- hospital, no matter what the situation was, a woman’s request for an abortion was al- this vote is about. I hope our col- fornia. ways denied. leagues will vote with us in a few min- The PRESIDING OFFICER. The Sen- My doctor told me the only way I could re- utes when the vote is called. ator from California is recognized. ceive additional medical treatment was if I I retain the balance of my time. Mrs. FEINSTEIN. I thank the Chair. became ill. I was told to go home and mon- The PRESIDING OFFICER (Mr. TAL- Mr. President, I also thank the Senator itor my temperature and to return when I ENT). The Senator from Kansas is rec- from Washington. I think she is doing had a fever or was in pain. I asked if there ognized. a great service to the women of our was any other option because I was worried Mr. BROWNBACK. How much time about dying. country in pointing out what the prob- At that point, I felt like my choices were remains on both sides? lem is here. either to go home and wait for a life-threat- The PRESIDING OFFICER. There I was sitting in my office doing work, ening infection so that my labor could be in- are 6 minutes on the time of the Sen- and I heard the statement that this is duced or go to an outside hospital where I ator from Kansas and 8 minutes on the abortion on demand. I thought it might didn’t speak the language and could not be time of the Senator from Washington. be useful for me to read into the sure that the treatment would be safe. When I got to the private Japanese hos- Mr. BROWNBACK. Mr. President, I RECORD one letter I received last year wish to make a couple comments in re- pital, the doctor told me there was a serious from a woman on this very subject that risk for infection and that he needed to put gard to what Senator MURRAY has just indicates the difficulty of the cir- me on antibiotics immediately. If I didn’t put forward. She said we are talking cumstances women can find themselves get antibiotics through IV immediately, I about international facilities, but the in while living overseas. would die. I contacted my grandmother in amendment covers international and I am about to read the story of Holly the United States who wired me $2,000 to pay domestic facilities, which we have es- Webb. Holly is the wife of a staff ser- for the hospital visit. tablished here, so it would be domestic geant in the Air Force stationed in I checked into the hospital about 4 hours facilities. It is going to be abortion of later. They dilated my cervix over a period Misawa, Japan. I would like you to 1 all types. It could be abortion on de- of 2 ⁄2 days and induced labor. I delivered a hear her story: stillborn baby. The military hospital told me mand at domestic facilities. My husband was stationed in Misawa, that this was an elected abortion and not a If the Murray amendment is adopted, Japan, and I moved over in September 2001 stillborn birth. it would be for not just military per- to join him. I was pregnant for the first I am now 17 weeks pregnant again, and my sonnel but also for minors, dependents time. Prior to my arrival in Japan, I felt like only option is to use the military hospital

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6909 for my OB/GYN treatment. I have begged called our Nation’s military into ac- abortion services with private, non-De- them to let me off the base to go to a private tion on another front. As we watched fense Department funds. Just when we doctor because of my experience last year. I the 24 hour news stations’ broadcasting had thought that logic would prevail, believe that my pregnancy puts my health at reports from their embedded reporters, in 1995, through the very bill we au- risk. I would again be prevented from mak- thorize today, the House International ing decisions I need to about my pregnancy. we saw more female faces amongst the troops than ever before. We are consid- Security Committee reinstated this The PRESIDING OFFICER. The Sen- ering this Defense authorization during ban which was then retained in the ator’s time has expired. conference. And here we are 8 years Mrs. FEINSTEIN. I thank the Chair. a time of war when Americans, both ci- vilian and military, are fighting ter- later trying to undo this unnecessary Let me just make a point. threat to our female servicewomen. Mrs. MURRAY. I yield the Senator rorism and tyranny all across the globe, both men and women. These Let me take a moment to reiterate a such time as she needs. very important point. President Clin- Mrs. FEINSTEIN. I thank the Sen- women, these soldiers, airmen, sailors and marines, deserve access to the ton’s Executive order did not change ator. existing law prohibiting the use of Fed- The PRESIDING OFFICER. The Sen- same health services that women here eral funds for abortion, and it did not ator from California. in the States have. Mrs. FEINSTEIN. Mr. President, this As I think about this last conflict, it require medical providers to perform those abortions. In fact, all three is just one example of what a women occurs to me how ironic it is that the branches of the military have con- living abroad might go through. We very people who are fighting to pre- science clauses which permit medical can think of all kinds of other situa- serve our freedoms, those who are on personnel with moral, religious, or eth- tions in foreign countries that might the front lines defending this war on ical objections to abortion not to par- necessitate the termination of a preg- terrorism or other parts of the globe, ticipate in the procedure. I believe that nancy. Many of these women are living are supporting those who are fighting, is a reasonable measure and one I do in countries that don’t have good are currently the least protected in terms of the right to make choices not take issue with. health care systems in place, skilled Opponents of this amendment argue about their own personal health and re- providers, or access to safe or clean that changing current law means that productive decisions. hospitals. military personnel and military facili- ‘‘That is why I stand to join my col- This ban is a huge mistake. It is in ties are charged with performing abor- league, Senator MURRAY, once again in fact a double standard. I do not know tions, and that this, in turn, means overturning this ban on privately fund- of a health situation a man could en- that American taxpayer funds will be ed abortion services in overseas mili- counter that would be dealt with at a used to subsidize abortions. This is a tary hospitals, for military women and military hospital in quite the same wholly and fundamentally incorrect. dependents based overseas, which was manner. Nor do I know of a health situ- Every person who has ever been in a ation a man could encounter that a reinstated in the fiscal year 1996 au- hospital for any type of procedure military hospital would not treat. thorization bill, as we all know. It is a knows full well that the hospital and I thank the Senator from Washington ban without merit or reason that put the physician is able to account for for her amendment and for her leader- the reproductive health of these women every charge, the cost of every minute, ship on this important issue. I urge my at risk. every physician, every nurse, each as- Specifically, as we know, the ban de- colleagues to support this amendment. pirin, the supplies, the materials, the nies the right to choose for female Ms. SNOWE. Mr. President, I support overheads, the insurance, anything the Murray-Snowe amendment. I com- military personnel and dependents. It that is part of the procedure. Under ment Senator MURRAY for her strong effectively denies those women who this amendment, every expense is in- and unflagging leadership on this issue, have voluntarily decided to serve our cluded in the cost that is paid by pri- and am pleased to once again join with country in the armed services safe and vate funds. Public funds are not used her on the critical amendment to the legal medical care simply because they for the performance of abortions in this Department of Defense authorization. I were assigned duty in another country. instance. That is an important distinc- am pleased to join my colleague in sup- It makes me wonder why Congress tion to reinforce today. I know it is port of this amendment to repeal the would, year after year, continue to easy to confuse the debate, to obfus- ban on abortions at overseas military leave these women who so bravely cate the issues. What we are talking hospitals, an amendment whose time serve our country overseas with no about here is restricting how a woman has long since come. choice by denying them the rights that using her own private insurance or Year after year, time after time, de- are guaranteed to all Americans under money in support of that procedure. We bate after debate, we revisit the issue the Constitution? are not talking about using Federal of women’s reproductive freedoms by Our task in this debate is to make funds. seeking to restrict, limit, and elimi- sure that all of America’s women, in- This amendment we are fighting for nate a woman’s right to choose. While cluding those who serve in our Nation’s is to lift the ban on privately funded at times we are able to take one step Armed Forces and military dependents, abortions paid for with a woman’s pri- forward we end up taking two steps are guaranteed the fundamental right vate funds. That is what this issue is back. Last year we were able to garner to choose. Our task is not to pay for all about. Proponents of this amend- a majority of the Senate only to have abortions with Federal funding—con- ment believe that a woman would have this language removed in conference. I trary to what our opponents may the ability to have access to a con- believe that ultimately, we will pre- claim, after all, since 1979 the Federal stitutional right when it comes to her vail, that my colleagues on both sides law has prohibited the use of Federal reproductive freedom to use her own of the Capitol will realize that this is a funds to perform abortions at military funds, her own health insurance, for ac- policy change that makes sense, and I hospitals. This amendment would not cess to this procedure. hope that will occur on this reauthor- change that. However, what it would Congress works hard at times of war, ization. do is reinstate the policy that was in and at times of peace, to support our When we last considered this amend- place from 1979 to 1988, when women American soldiers, sailors, airmen and ment, almost 11 months ago to the day, could use their own personal funds to marines, as well as their dependents, we had more than 378,000 troops sta- pay for the medical care they need. our armed services and our armed tioned overseas, today we have over In 1988, the Reagan administration forces have no better friend and ally 10,000 more. Of those more than 35,000 announced a new policy prohibiting the than the Congress. I would argue that of these troops were women as of April performance of any abortions at mili- is the case in most situations, but obvi- 2002 and women make up almost 36,500 tary hospitals even if it was paid for ously there is a different standard of the troops today. We recognize the out of a woman’s private funds—a pol- when it comes to the health of a impact that the failure to repeal this icy which truly defies logic. woman and her reproductive decisions. ban has on so many of these women. President Clinton lifted the ban in This is especially confounding when Since last year’s reauthorization de- January 1993, by Executive order, re- we all completely agree that our mili- bate, the Commander-in-Chief has storing a woman’s right to pay for tary members and their families have

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6910 CONGRESSIONAL RECORD — SENATE May 22, 2003 sacrificed a lot, including their lives, territorial and women who serve their Not only would these women be risk- for the sake of our Nation and what we country should be afforded the same ing their health and lives under normal believe. For those women overseas we rights that women here in America conditions, but what if these women are asking them to potentially, and un- have. I think this ban is not consistent are facing complicated or life-threat- necessarily, sacrifice their health with the principles which our Armed ening pregnancies and are unaware of under this ban. Making this type of de- Forces are fighting to protect, and the seriousness of their condition? cision is perhaps the most funda- which the American people so over- The ban on privately funded abor- mental, personal, and difficult decision whelmingly support. I hope we move tions on military bases overseas affects a woman can face. It is a very personal forward, and I hope we would under- more than 100,000 active service mem- decision. It is a decision that should be stand that women in the military and bers, spouses, and dependents of mili- made between a woman, her doctor, her their dependents overseas deserve the tary personnel. family. It is a constitutional right. It same rights that women have here in One such woman this ban impacts is is a constitutional right that should this country. They have and should Holly Webb. extend to women in the military over- have the protections of the Constitu- Holly Webb is the wife of a staff ser- seas, not just within the boundaries of tion, no matter where they live. geant in the Air Force stationed in the United States. I hope the Senate will overturn that Misawa, Japan. She tells the following I think it is regrettable that some- ban and will support the amendment story of her struggle to find adequate how we have demeaned women, in offered by Senator MURRAY and myself. reproductive health care overseas: terms of this very difficult decision Mrs. FEINSTEIN. Mr. President, I My husband was stationed in Misawa that they have to make. There has rise today in support of the amendment Japan, and I moved over in September 2001 been example upon example given to offered by Senators MURRAY and SNOWE to join him. I was pregnant for the first us, to my colleague Senator MURRAY, to the Department of Defense reauthor- time. Prior to my arrival in Japan, I felt like about the trying circumstances that ization bill to repeal the ban on pri- something was wrong with my pregnancy this prohibition has placed on women vately funded abortions sought by U.S. and at 6 weeks I went to the emergency room who serve in the military abroad. I do at the Eglin Air Force Base in Florida where servicewomen, spouses, and dependents we had been stationed. not think for one moment anybody in military hospitals overseas. My doctor there told me that everything should minimize or underestimate the The Supreme Court acknowledges a seemed OK from what they could tell. At 16 emotional, physical hardship that this woman’s right to choose as a constitu- weeks I was in Japan with my husband and ban has imposed, a ban that prohibits a tionally protected freedom. That right I started bleeding. I would bleed weekly for woman from using her own private is not suspended simply because a 5 days and then the bleeding would subside. health insurance, her own private woman serves in the U.S. military or is I went to the military hospital at Misawa funds to make her own constitutional married to a U.S. service member and and they told me I had placenta previa and that this was a normal side effect and they decision when she happens to be in the living overseas. sent me home. military serving abroad. Women based in the United States At 20 weeks, I started bleeding heavily and The ban on abortions in military hos- and using a U.S.-based military facility went back to the hospital. I thought that my pitals coerce the women who serve our are not prohibited from using their water had broken but the hospital told me country into making decisions and own funds to pay for an abortion. Hav- that it was not an emergency and kept me choices they would not otherwise ing a prohibition on the use of U.S. overnight. My ob/gyn did not visit me until make. As one doctor, a physician from military facilities overseas creates a the next morning. They told me that the re- Oregon, recalls his days as a Navy doc- double standard, and discriminates sults of my triple screen blood test showed tor stationed in the Philippines, he de- against women service members sta- possible spina bifida which necessitated an ultrasound. When they did the ultrasound scribes the experiences and hardships tioned overseas. they discovered, as I had thought, that there that result unnecessarily from this pol- Banning privately funded abortions was no amniotic fluid surrounding the fetus. icy. Women have to travel long dis- on military bases endangers a woman’s They were unable to detect whether or not tances in order to obtain a legal abor- health. Service members and their de- the fetus had spina bifida. For the next day tion—not necessarily a safe abortion, pendents rely on their military base I was administered IV fluids and my doctor but a legal one. Travel arrangements hospitals for medical care. Private fa- mentioned that I might be dehydrated. My that are difficult and expensive. Not to cilities may not be readily available in cervix remained closed, however, and they mention the fact that in order to take other countries. told me that there was still a fetal heart- beat. I was told that I might deliver sponta- leave, they had to justify taking emer- For example, abortion is illegal in neously within weeks or months, but that if gency leave to their commanding offi- the Philippines. A woman stationed in the baby survived, it would have serious cer. Imagine that circumstance. Forc- that country or the spouse of a service health complications due to the fact that I ing women to make a very personal de- member would need to fly to the U.S. was at risk for infection as well as because cision so well known. or to another country—at her own ex- there was no amniotic fluid surrounding the However, for those women who pense—to obtain an abortion. We don’t baby. choose to find an alternative, their pay our service members enough to as- When I asked the hospital what my options only option is to turn to local, illegal sume they can simply jet off to Swit- were they told me that they could not induce labor or dilate my cervix to deliver because abortions. In other circumstances, zerland for medical treatment. it would be considered an abortion but that their dignity was offended and often If women do not have access to mili- I was at risk for infection. My doctor told me their health was placed at risk, which tary facilities or to private facilities in that in order to have an abortion, they would was certainly reinforced by the letter the country they are stationed, they have to have my situation reviewed by a that was sent to both Senator MURRAY could endanger their own health by the medical board and that she didn’t know how and from now retired, Lt. Gen. Ken- delay involved in getting to a facility long this would take. nedy, the highest ranking woman in or by being forced to seek an abortion She told me that during her 7 or 8 years of the military. She speaks with great by someone other than a licensed phy- practice in a military hospital, no matter sician. what the situation was, a woman’s request perspective about the humiliation and for an abortion was always denied. the demeaning circumstances in which We know from personal experience in My doctor told me that the only way I many women were placed, not to men- this country that when abortion is ille- could receive additional medical treatment tion putting their health at risk. gal, desperate women are often forced was if I became ill. I was told to go home and I hope we can overturn this prohibi- into unsafe and life-threatening situa- monitor my temperature and to return when tion in law and grant women in the tions. If it were your wife, or your I had a fever or was in pain. I asked if there military the same constitutional right daughter, would you want her in the was any other option because I was worried that is afforded women who live within hands of an untrained abortionist on about dying. the boundaries of the United States of the back streets of Manila or Argen- At that point, I felt like my choices were either to go home and wait for a life-threat- America. No one should leave their tina? Or would you prefer that she have ening infection so that my labor could be in- constitutional rights at the proverbial access to medical treatment by a duced, or to go to an outside hospital, where door, but that is what this ban has trained physician in a U.S. military fa- I didn’t speak the language and could not be done. Our constitutional rights are not cility? sure that the treatment would be safe.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6911 When I got to the private Japanese hos- daily sacrifices to serve our Nation. It well debated. People know the issue. It pital, the doctor told me that there was seri- is wrong to deny them the same med- has been voted on before. I hope we can ous risk for infection, and that he needed to ical care available in the United proceed with the vote. put me on antibiotics immediately and that States. Women serving overseas should Mrs. MURRAY. Mr. President, the if I did not get antibiotics through IV imme- diately I would very likely die. I contacted be able to depend on military base hos- Senator from California has given a my grandmother in the U.S. who wired me pitals for their medical needs. They very clear reason to vote for this $2,000 to pay for the hospital visit. should not be forced to choose between amendment. We have heard no dis- I checked into the hospital about 4 hours lower quality care in a foreign country, agreement that this current policy to- later. They dilated my cervix over a period or returning to the United States for ward women service members is not of 21⁄2 days, then induced labor. I delivered a the care they need. Congress has a re- humiliating. We have heard no dis- stillborn baby. The military hospital told me sponsibility to provide the best pos- agreement that it is not a threat to that this was an elected abortion and not a stillborn birth. sible medical care for those serving our privacy, and it is punitive. What this I am now 17 weeks pregnant again and my country at home and abroad. issue is about is whether women in the only option is to use the military hospital Such care is essential. Our dedicated service overseas have the same con- for my ob/gyn treatment. I have begged them servicewomen should not be unfairly stitutional rights, protections, and to let me off the base to go to a private doc- exposed to risks of infection, illness, safety in their health care as those tor because of my experience last year. I be- infertility, and even death, when ap- women who are in this country. lieve that if my pregnancy puts my health at propriate care can easily be made I urge my colleagues to vote for this risk, I would again be prevented from mak- available to them. Servicewomen over- amendment. I ask for the yeas and ing the decisions I need to about my preg- seas deserve the same access to all nancy. nays. medical services as their counterparts The PRESIDING OFFICER. The Sen- I hope that we have learned some- at home. ator from Washington yields back thing from Mrs. Webb’s story. No This amendment will also ease the time. woman should have to go through the heavy financial burden on service- Is there a sufficient second? obstacles Mrs. Webb faced. If Mrs. women who make the difficult decision There appears to be a sufficient sec- Webb had been living in the U.S. she to have an abortion. The cost of re- ond. would have had a choice. She could turning to the United States from far- The question is on agreeing to have gotten an abortion and avoided off bases in other parts of the world amendment No. 691. The clerk will call the emotional trauma associated with often imposes significant financial the roll. giving birth to a stillborn, and not had hardship on women. Those serving in The legislative clerk called the roll. to put her own life at risk. the United States do not have the same Mr. REID. I announce that the Sen- Current law does not force any mili- burden, since nonmilitary hospital fa- ator from Massachusetts (Mr. KERRY) tary physician to perform an abortion cilities are readily available. It is un- is necessarily absent. against his or her will. All branches fair to ask women serving abroad to I further announce that, if present have a conscience clause that permits suffer this financial penalty. and voting, the Senator from Massa- medical personnel to choose not to per- If the cost of a separate trip to re- chusetts (Mr. KERRY) would vote form the procedure. A doctor can sim- turn to the United States is too high, ‘‘yea’’. ply say, ‘‘I won’t perform such a proce- servicewomen may face significant The PRESIDING OFFICER (Mr. dure.’’ And then that woman must just delay before military transportation is CRAPO). Are there any other Senators find another doctor. available. Each week, the health risks in the Chamber desiring to vote? What we are talking about today is faced by these women become increas- The result was announced—yeas 48, providing equal access to military ingly serious. Long delays in obtaining nays 51, as follows: medical facilities, wherever they are a military flight can force women to [Rollcall Vote No. 192 Leg.] located, for a legal procedure paid for rely on questionable medical facilities YEAS—48 with one’s own money. overseas. As a practical matter, they Akaka Dodd Leahy Abortion is legal for American are being denied their constitutionally- Baucus Dorgan Levin women. These women would pay for protected right to choose. Bayh Durbin Lieberman the service with their own funds. This A woman’s decision to have an abor- Biden Edwards Lincoln Bingaman Feingold Mikulski amendment does not involve the use of tion is very difficult and extremely Boxer Feinstein Murray federal funding. personal. It is wrong to impose this Byrd Graham (FL) Nelson (FL) We ask these service members to risk heavy additional burden on women who Cantwell Harkin Reed their lives in the service of their coun- Carper Hollings Rockefeller serve our country overseas. Chafee Inouye Sarbanes try but we are not willing to grant Every woman in the United States Clinton Jeffords Schumer them access to the same services they has a constitutionally-guaranteed Collins Johnson Snowe would receive if they were stationed in right to choose whether or not to ter- Conrad Kennedy Specter the U.S. This is especially troubling Corzine Kohl Stabenow minate her pregnancy. It is long past Daschle Landrieu Stevens since September 11 since more Ameri- time for Congress to stop denying this Dayton Lautenberg Wyden cans have decided to serve their coun- right to women serving abroad. NAYS—51 try. The PRESIDING OFFICER. Who Service members and their depend- Alexander Dole McConnell yields time? If no one yields time, time Allard Domenici Miller ents must have access to safe, legal, will be charged equally. The Senator Allen Ensign Murkowski and comprehensive reproductive health from Kansas. Bennett Enzi Nelson (NE) care. Mr. BROWNBACK. Mr. President, I Bond Fitzgerald Nickles I urge my colleagues to support this Breaux Frist Pryor think perhaps we are ready to proceed Brownback Graham (SC) Reid amendment and ask unanimous con- with a vote on the bill. I do not know Bunning Grassley Roberts sent that my statement appear in the if the Senator from Washington is Burns Gregg Santorum RECORD. ready to yield back her remaining Campbell Hagel Sessions Mr. KENNEDY. Mr. President, I com- Chambliss Hatch Shelby time. Cochran Hutchison Smith mend Senator MURRAY for her effort to The PRESIDING OFFICER. Does the Coleman Inhofe Sununu repeal the unfair ban on privately- Senator yield back her remaining Cornyn Kyl Talent funded abortions at overseas U.S. mili- Craig Lott Thomas time? Crapo Lugar Voinovich tary facilities. This amendment rights Mrs. MURRAY. Mr. President, how DeWine McCain Warner a serious wrong in our policy, and much time remains? guarantees that women serving over- The PRESIDING OFFICER. The Sen- NOT VOTING—1 seas in the armed forces are able to ex- ator from Washington has 1 minute 38 Kerry ercise their constitutional right to seconds, and the Senator from Kansas The amendment (No. 691) was re- choose. has 3 minutes 9 seconds and counting. jected. This is an issue of fundamental fair- Mr. BROWNBACK. I am prepared to Mr. BROWNBACK. Mr. President, I ness for the many women who make yield back my time. The issue has been move to reconsider the vote.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6912 CONGRESSIONAL RECORD — SENATE May 22, 2003 Mr. SANTORUM. I move to lay that we had to take steps at the beginning Does this amendment include those in- motion on the table. of this year to extend unemployment dividuals? The motion to lay on the table was compensation. We need to do it again. Ms. MURKOWSKI. Mr. President, if I agreed to. I hope none of us will turn our back may respond, my bill is a clean 6- The PRESIDING OFFICER. The Sen- on these hard-working, struggling month extension of the Temporary Ex- ator from Virginia. Americans—people who have mort- tended Unemployment Compensation Mr. WARNER. Mr. President, par- gages to pay, people who have car pay- Act of 2002. liamentary inquiry: At this point the ments to make, people who have chil- Mr. KENNEDY. Mr. President, fur- bill is open to further amendment, is dren to raise. ther holding the right to object, does it that correct? In April 2000, there were 176,000 long- include any ability to give flexibility The PRESIDING OFFICER. The Sen- term unemployed parents. Last month, to the States so that they can take ator is correct. there were 607,000 long-term unem- care of part-time workers as included Mr. LEVIN. Mr. President, will the ployed parents, an increase of 245 per- in the Democratic proposal? Does it in- Senator yield on that? cent. clude those provisions as well? The PRESIDING OFFICER. The Sen- I ask unanimous consent that the Fi- Ms. MURKOWSKI. I repeat that this ate will be in order. The Senator from nance Committee be discharged from is a clean 6-month extension of the Virginia. further consideration of S. 923, a bill to Temporary Extended Unemployment Mr. WARNER. Would the Presiding provide a 6-month extension of unem- Compensation Act of 2002. Officer advise the Senate with regard ployment compensation, including 13 Mr. KENNEDY. Mr. President, I ob- to the order that currently controls weeks of benefits for the long-term un- ject. the next amendment? employed—exhaustees—and that the The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. There is Senate then proceed with its imme- tion is heard. a limited list of amendments offered. diate consideration; that an amend- Mr. KENNEDY. Mr. President, there Mr. WARNER. Could the Presiding ment at the desk to remove the ‘‘Tem- is a very clear reason the request of the Officer recite those amendments in porary Enhanced Regular Unemploy- Senator from New York and the re- their standing order? ment Compensation’’ provisions be quest I will make should be respected The PRESIDING OFFICER. A pack- considered and agreed to; that the bill on the floor of the Senate. We are fac- age of amendments has been cleared by be read three times, passed, and the ing a crisis with 8 to 9 million Ameri- both managers: A Boxer amendment on motion to reconsider be laid upon the cans unemployed. More than 1.5 mil- contracting subject to a relevant sec- table, without intervening action or lion of those have seen their unemploy- ond degree, a Domenici amendment on debate. ment compensation expire. Starting border security, a Kerry amendment on The PRESIDING OFFICER. Is there next week, 80,000 workers are going to air travel, a Landrieu amendment, and objection? lose their unemployment compensa- a Grassley amendment on the indus- Mr. WARNER. Mr. President, I ob- tion. trial enterprise. ject. This is an issue about fairness. On Mr. WARNER. Mr. President, there- Mr. President, I ask unanimous con- the one hand, we have an opportunity fore, it would be in order at this time sent that the Senate proceed to the to return to these workers what they for any of those amendments to be consideration of S. 1079, Senator MUR- have paid over a lifetime of work, in taken up by the Senate. KOWSKI’s bill to extend the Temporary many instances, into a trust fund that The PRESIDING OFFICER. The Sen- Extended Unemployment Compensa- is in excess of $20 billion, and the rea- ator is correct. tion Act of 2002, provided that the Sen- son it is in surplus is that these work- Mr. REID. Mr. President, will the ate proceed to its consideration, the ers have paid into it. Now they are en- Senator yield? bill be read a third time and passed, titled to get that money out. Mr. WARNER. Yes. and the motion to reconsider be laid We have had objection to the request Mr. REID. Mr. President, if I could upon the table. of the Senator from New York. ask the distinguished managers of the The PRESIDING OFFICER. Is there I am going to give the Senate one bill to allow a very brief colloquy and objection? more opportunity to see whether they a unanimous consent request by the Mr. KENNEDY. Mr. President, re- are going to be responsive, whether Senators from Massachusetts and New serving the right to object, does this this body is going to understand the York, and maybe a couple of others, we include the workers who have contrib- issue of fairness. Tomorrow we are would take no more than 2 minutes for uted into the fund and whose benefits going to pass billions of dollars for the the Senator from Massachusetts and 3 have expired? It has been standard and wealthiest individuals in this country. minutes for the Senator from New it has been used in the Senate and sup- We are trying to look out after hard- York. ported by the Senate five different working Americans. Mr. WARNER. We have no objection. times during the 1990s. Does this in- Therefore, I ask unanimous consent The PRESIDING OFFICER. Without clude those workers? that at a time to be determined by the objection, it is so ordered. Mr. WARNER. Mr. President, I call majority leader, following consultation The Senator from New York. upon the proponent of the amendment. with the Democratic leader, the Senate UNANIMOUS CONSENT REQUEST—S. 923 Mr. KENNEDY. Reserving the right consider S. 1079, extension of the unem- Mrs. CLINTON. Mr. President, I rise to object, if we can’t get an answer to ployment compensation, considered to ask unanimous consent to provide that. under the following limitations: Gen- help for 3.2 million Americans who are Mr. WARNER. We are about to get an eral debate of an hour equally divided, out of work and need Congress to ex- answer, I advise the Senate. with only one amendment in order, the tend unemployment insurance. Soon Mr. KENNEDY. I am sorry. amendment by Senator KENNEDY, on the checks will no longer be in the mail Ms. MURKOWSKI. Mr. President, I which there be an hour of debate equal- for millions of Americans and New ask the Senator from Massachusetts to ly divided, and no other amendments Yorkers who depend on unemployment repeat the question. be in order, and any points of order be benefits to provide for their families at Mr. KENNEDY. Does this include the considered waived by this agreement; this time. more than 1 million workers whose un- that upon the disposition of the amend- In New York alone, over 100,000 peo- employment benefits have expired and ment and the use and yielding back of ple have exhausted their unemploy- who otherwise would be eligible to re- all time, the Senate vote on passage of ment insurance benefits and are still ceive unemployment compensation the bill, without further intervening without a job. Starting on May 31, un- under the proposals that have been of- action or debate, as amended, if less we act, more than 80,000 Americans fered here by the Senator from New amended. will begin exhausting their unemploy- York and our own proposal, and that The PRESIDING OFFICER. Is there ment every single week. were also included in the proposal that objection? These Americans and New Yorkers was passed in a bipartisan way on five Mr. NICKLES. Mr. President, I ob- need and deserve our action. We knew different occasions during the 1990s? ject.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6913 Mr. President, I compliment our col- was passed five times, and which the Some of us—let me rephrase that— league from Alaska for trying to pass a Senator from Oklahoma supported in this Senator is going to do what I can clean, simple extension. This is the the 1990s. Why don’t we give the Senate to make sure we are not going to dou- same language Senator CLINTON and I a chance to vote on either one of them? ble or triple this program. We have al- passed last January. It is the same lan- That would be fairest to the workers in ready had three votes on the proposal guage Senator FITZGERALD passed with this country. to double it. We are not going to do us, I believe January 7 or 8. It is the If you are able, then, to persuade that. I don’t know how many votes peo- same language we passed a couple of Members to vote for yours, so be it; we ple think they need. They may think times for a clean extension. It is not a will accept it. And if they vote for they are winning on the votes, but they doubling of the program. It is not tak- ours, we would hope you would accept are not winning on the issue. I think ing a 13-week Federal program and it. That is what I think is fair. we may have consent to pass a clean turning it into a 26-week program. It is I ask whether the Senator from New extension. It takes unanimous consent. not expanding the definition of unin- York would think that is fair? I tell my colleagues on the other side, sured or unemployed to include part- Mrs. CLINTON. Yes. I think the Sen- who are playing this game, this will time workers, or to include a whole va- ator from Massachusetts— not work legislatively. And it may riety of people who, frankly, the States The PRESIDING OFFICER (Mr. jeopardize a clean extension. don’t now cover. TALENT). The Senator from Massa- So I would be very cautious, espe- I will tell my colleagues that we are chusetts is making a unanimous con- cially when you get late in the game, not going to double the program. We sent request. and close before a break, and people are not going to triple the program. Is there objection? want to go home, I would not take for Mr. ENSIGN. Mr. President, I object. The Senator from Alaska offered to ex- The PRESIDING OFFICER. Objec- granted that you can pass a clean ex- tend the current program which we tion is heard. tension—but I compliment my col- have been using for the last 2 or so The Senator from Massachusetts re- league from Alaska, Senator MUR- years. That is the proposal she will tains the floor. KOWSKI, for trying to do so. I believe we make today and, I would expect, the Mr. KENNEDY. Mr. President, I can do so. proposal she will make tomorrow. That think this is a pretty clear indication We have had three votes already, and is the only proposal, in my opinion, about where our Republican friends are it did not win. It will not win on the that will pass. on this issue. They are denying us—or fourth vote. So I urge my colleagues: People want to try to make political denying the Senate—in the final hours The way to do this is let’s pass a clean statements. We had a vote on it in the prior to the expiration of coverage for extension, the same extension that my budget. workers—denying us an opportunity to colleague from New York and I passed I will not yield. get a vote in the Senate. one or two times on the floor of the We had a vote on it in the budget. It Basically, they say: Either take ours Senate. Let’s do that again, and let’s didn’t pass. We had a vote on it last or leave it—take ours or leave it—and help the people who need the help. week on the tax bill. It didn’t pass. that is being unfair to workers, par- If people play other games, they jeop- Some people want to double or triple ticularly at a time when the Repub- ardize even a clean extension. I think this program. It is not going to work. lican Party is about to recommend tax people should be on notice of that not The Senator from Alaska says she is breaks of billions of dollars for the everybody might want a clean exten- trying to extend the program so people wealthiest individuals in this country, sion. So the effort to double the pro- won’t lose their benefits beginning and they refuse to give fairness to gram may mean that some people will next month. A clean extension of the workers in this country. get zero. Instead of getting 13 weeks, Federal program of 13 weeks can pass, That is what is going on here. Work- they might get zero because of this ef- or rather may pass. But colleagues who ers in this country understand what is fort to double the program. want to continue to double or triple happening here in the Senate. It is a Mr. President, I yield the floor. the program jeopardize helping the clear indication of the priorities: Just The PRESIDING OFFICER. The Sen- very people they say they want to help. open up the Federal Treasury. Give the ator from New York is recognized. I compliment my colleague from wealthiest the highest amount of tax Mrs. CLINTON. Mr. President, I Alaska. I hope our colleagues will give breaks and give short shrift to hard- wanted to ask my friend from Okla- fair consideration and ultimately agree working Americans. homa to yield to me, but he yielded the to a simple extension of the program The Republican leader refuses to per- floor. for 6 months, as proposed by our col- mit the Senate of the United States, in The dilemma, of course, is one that is league from Alaska. a time set by our leaders, to make a very difficult for us to confront. I ap- I yield. judgment on which they would prefer. preciate greatly the wonderful coopera- The PRESIDING OFFICER. The Sen- The workers in the United States are tion that I received in working out the ator from Massachusetts. clearly getting short-shrifted. extension of unemployment compensa- Mr. KENNEDY. Mr. President, I ask The PRESIDING OFFICER. The Sen- tion for those who needed to complete the Republican leader: Why don’t we ator from Oklahoma. their 13 weeks who were unemployed, then just have the two different alter- Mr. NICKLES. Mr. President, just for and for those who were going onto un- natives placed before the Senate and the information of our colleagues, to employment for the first time. let the Senate express itself on whether make sure we make the record Our problem is—and this is where I it favors our proposal or favors the Re- straight, my very good friend from the think the nub of our difference is—we publican proposal? great State of Massachusetts has men- have this growing number of literally Mr. President, I ask unanimous con- tioned: Let people have a vote. millions of people who have exhausted sent that both of these proposals be Well, we have not had one vote—we their benefits and are looking for work laid before the Senate and, at a time have had three votes this year. We had and cannot find it. suitable to the majority and minority a vote on the appropriations bill earlier I understand and I respect the argu- leaders, we have a 10-minute, evenly di- this year. We had a vote on the budget. ment from the other side, although I vided, discussion, and we let the Senate We had a vote on the tax bill. disagree that the tax package that is vote on whether it prefers the proposal They did not win. They tried to dou- about to be passed today or tomorrow of the Senator from Alaska or the pro- ble the program two or three times, un- is going to generate jobs and economic posal of the Senators from New York successfully, and so they are now try- growth. I do not think it will. I think and Massachusetts. ing again. it will, in fact, make our economic sit- I think that is a fair way to proceed. Frankly, we have a DOD authoriza- uation worse and continue to put peo- Mr. NICKLES. Will the Senator tion bill, we have a tax/economic ple out of work. But we will get a yield? growth package, we have a debt limit chance to find out who is right about Mr. KENNEDY. I will not yield. extension, and we need to pass UI. We that. We talk about fairness. Our proposal have a lot of work to do in the next few But, unfortunately, there are a lot of is basically a similar proposal to what hours. innocent people caught in the middle

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6914 CONGRESSIONAL RECORD — SENATE May 22, 2003 of this debate, people who are not sit- control of Senator WARNER. Finally, I competition and having a fully competitive ting here on the floor of the Senate, ask unanimous consent that following contract in place by August 31, 2003. This people who are not going to get a big the debate time, the Senate proceed to goal was stated in a letter dated May 2, 2003. tax break, people who are out of work a vote in relation to the Warner (b) SENSE OF THE SENATE.—It is the sense and cannot find a job in this economy. amendment, to be immediately fol- of the Senate that— At some point we have to take re- lowed by a vote in relation to the (1) The taxpayers deserve fairness. sponsibility for these people. I appre- Boxer amendment, with no amend- (2) Businesses deserve fairness. ciate the author on the other side. And ments in order to either amendment (3) The Competition in Contracting Act of I appreciate the good work of the Sen- prior to the votes. 1984 establishes a preference for the award of ator from Alaska to have a straight ex- Before the Chair rules, I think we can competitive contracts. tension, but we did not have a vote on make the second vote a 10-minute vote. (4) The Department of Defense should meet that specifically. We had votes at- Mr. REID. Mr. President, if the Sen- its goal of having a fully competitive con- ator will yield, I have no objection. I tract in place by August 31, 2003 and per- tached to other items—appropriations, forming work needed for the reconstruction tax cuts, et cetera. At some point, we think that would be appropriate. I also of the Iraqi oil industry after such date are going to have to face the reality ask that there be recorded votes on under that competitive contract. that this economy is losing private sec- both the Boxer and Warner amend- (c) REPORT TO CONGRESS.—If the Depart- tor jobs at the fastest rate in our his- ments; further, that between the two ment of Defense fails to meet its own stated tory. At some point, we have to take votes, there be 5 minutes equally di- goal of having a fully competitive contract responsibility for these people. vided under the control of Senator in place by August 31, 2003, the Secretary of We reformed welfare, which I sup- BOXER and Senator WARNER. Defense shall submit a report to Congress by ported. We said to people, go out and The PRESIDING OFFICER. Is there September 30, 2003, detailing the reasons for get a job; support yourself and your objection? allowing this sole source contract to con- tinue. children because we expected that we Without objection, it is so ordered. would have a good economy, because Mr. WARNER. I ask for the yeas and The PRESIDING OFFICER. The Sen- we would have good, sensible, respon- nays on the two votes, both the Warner ator from California. sible, fiscally sound policies at the amendment and the Boxer amendment. Mrs. BOXER. Mr. President, at this Federal level that would, hand in hand, The PRESIDING OFFICER. Without time, does my friend want to bring his help the private sector create those objection, it is in order at this time to second-degree amendment to the desk jobs. That is not happening, for a lot of simply order the yeas and nays on the or, rather, his substitute? two amendments, which will be done if reasons. The economy continues to get AMENDMENT NO. 826 worse. We have lost half a million jobs there is no objection. Mr. WARNER. Will the Chair repeat Mr. WARNER. Mr. President, I send in the last 3 months alone. to the desk an amendment which is in So I simply ask my friends, my col- that? The PRESIDING OFFICER. Without the first degree to protect the Senator leagues on the other side: If not now, objection, it is in order at this time to from California, unless she would like when? When do we take responsibility, request the yeas and nays on the to have it as a second-degree amend- as previous administrations—Repub- amendments despite the fact neither ment. We can do that. lican and Democrat—previous Con- has been offered. gresses—Republican and Democrat— Mrs. BOXER. I prefer to have it as a Mr. WARNER. I request the yeas and did in previous recessions? At some first-degree amendment. It will be nays on the Warner amendment and point, we cannot any longer pretend much better, and I appreciate that. the Boxer amendment. The PRESIDING OFFICER. The that the economy is going to generate The PRESIDING OFFICER. Is there a clerk will report. the jobs that all of those unemployed sufficient second? people who have no means of support There appears to be a sufficient sec- The legislative clerk read as follows: are desperate to have. ond. The Senator from Virginia [Mr. WARNER] So I hope we will get to that point The Senator from California. proposes an amendment numbered 826. sooner than later because I have thou- AMENDMENT NO. 825 Mr. WARNER. Mr. President, I ask sands and thousands of these people— Mrs. BOXER. Mr. President, I thank some of whom have been out of work unanimous consent that the reading of Senator REID and Senator WARNER for the amendment be dispensed with. since 9/11, 2001—and I believe we should working out this arrangement whereby help them. And it is good for the econ- The PRESIDING OFFICER. Without we can have a definite vote on two al- objection, it is so ordered. omy. We ought to take that action as ternatives that deal with, in my opin- The amendment is as follows: soon as possible. ion, competitive bidding—that is what I yield the floor. we are talking about—in the rebuilding SEC. . SENSE OF THE SENATE ON COMPETITIVE Mr. REID. Mr. President, I suggest AWARD OF CONTRACTS FOR IRAQI of Iraq. RECONSTRUCTION. the absence of a quorum. I send my amendment to the desk, It is the sense of the Senate that the De- The PRESIDING OFFICER. The and I ask that the amendment be read. clerk will call the roll. partment of Defense should fully comply The PRESIDING OFFICER. The with the Competition in Contracting Act (10 The assistant legislative clerk pro- clerk will report. ceeded to call the roll. U.S.C. 2304 et seq.) for any contract awarded The assistant legislative clerk read for reconstruction activities in Iraq and Mr. WARNER. Mr. President, I ask as follows: should conduct a full and open competition unanimous consent that the order for The Senator from California [Mrs. BOXER] for performing work needed for the recon- the quorum call be rescinded. proposes an amendment numbered 825: struction of the Iraqi oil industry as soon as The PRESIDING OFFICER (Mr. At the appropriate place insert the fol- practicable. CRAPO). Without objection, it is so or- lowing: Mr. WARNER. Mr. President, I will dered. (a) FINDINGS.—The Senate finds that— later advise the Senate with regard to Mr. WARNER. Mr. President, I will (1) On March 8, 2003, the Army Corps of En- the content of this amendment. For propound a unanimous consent request. gineers awarded a sole-source Indefinite De- livery/Indefinite Quantity contract for the the moment, I yield the floor. I ask unanimous consent that Sen- reconstruction of the Iraqi oil industry. ator BOXER be recognized in order to The PRESIDING OFFICER. The Sen- (2) The Department of Defense has charac- ator from California is recognized. offer her amendment regarding con- terized this contract as a short-term tracting. I further ask that imme- ‘‘bridge’’ contract that will be used for an in- Mrs. BOXER. Mr. President, the spir- diately following the reporting by the terim period until a contract can be awarded it of my amendment is very clear. I am clerk, the Senator from Virginia, Mr. on a competitive basis. very resolute about it. I appreciate the (3) However, the estimated date of comple- WARNER, be recognized to offer a first- fact we are going to have a vote on the tion for this contract is March 2005 and the degree amendment regarding the same Warner first-degree amendment and value is estimated by the Department of De- the Boxer amendment. subject; provided further that there be fense to be $57 billion. 30 minutes under the control of Sen- (4) The Department of Defense has estab- All the years I was in the House of ator BOXER and 15 minutes under the lished a goal of completing the follow-on Representatives, part of the time I

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6915 served on the Armed Services Com- I ask unanimous consent to add as HISTORY OF BROWN & ROOT PROBLEMS mittee. I am pleased to see my friend cosponsors to my amendment Senator GAO has found serious problems with con- from Illinois here because together LIEBERMAN, Senator CLINTON, Senator tract work that Brown & Root did for the during the years I served on the Armed BOB GRAHAM, Senator LAUTENBERG, Army in the Balkans. In 1997, it found that the Army ‘‘was unable to ensure that the Services Committee, we took on the and Senator DURBIN. contractor adequately controlled costs.’’ 3 issue of procurement reform. I am very The PRESIDING OFFICER. Without For example, Brown & Root was charging the pleased to say that as a result of the objection, it is so ordered. Army $86 to fly in $14 sheets of plywood from work that many of us did, we were able Mrs. BOXER. I am proud to have the United States. The Army official in to—and it was Berkley Bedell, if my their support. There can be no stronger charge was ‘‘shocked’’ when he found that colleague remembers; there were a advocate of the strongest possible mili- out.4 number of us—we were able to make tary than Senators LIEBERMAN and In 2000, GAO found more evidence that GRAHAM. We know that. We have seen Brown & Root was inflating the govern- sure there was competition at the Pen- ment’s costs—and its profits—by, for exam- tagon. them here. They are supporters be- ple, overstaffing work crews and providing Competition is the name of the game. cause they understand, as I do, that it more goods and services than necessary.5 It is supposed to be the name of the weakens our country when we do these Brown & Root was the subject of a crimi- game in America. When I see any agen- kinds of deals. nal investigation for overbilling the govern- cy turning away from competitive bid- The amendment that my friend has ment on another contract. According to a ding, unless there is a good reason to offered is fine; there is nothing wrong former employee, the company routinely and do so—and I might say, if it is an emer- with it, but it does not get to the heart systematically inflated contract prices it of this particular contract. It is gen- submitted to the government for work at the gency, this is a good reason, but be- former Fort Ord military base in California.6 yond that, there is no reason to award eral, whereas the amendment I have of- Brown & Root paid $2 million to settle that a contract without going to bid, with- fered—and, by the way, it is just a case in 2002.7 out considering competitive bids. sense of the Senate. It is nice. But Brown & Root’s parent company, Halli- What happens—and I feel really deep- what I have offered says that if the burton, has its own problems. The SEC is in- ly about this—when the taxpayers of Secretary of Defense finds that the vestigating accounting practices of the com- this country and the businesses of this Army Corps has not, in fact, put the pany dating back to the Vice President’s tenure at its CEO.8 The company recently re- country that are playing by the rules rest of this contract out for bid by the stated its earnings for the 4th quarter of see such a contract given to one special date of September 30—and they have 2002.9 And Halliburton has admitted paying company, it is very bad, in my opinion, promised to do so by August 31—then $2.4 million in bribes to a Nigerian official in for our country. It is very bad for our they have to tell us why they did not an attempt to gain favorable tax treatment fighting men and women who risk their bid out this contract. in the country.10 life and limb. I am going to put up a chart that DEFENSE DEPARTMENT CONTRACTS WITH BROWN Let me tell you what I mean. As a re- shows a copy of the congressional noti- & ROOT sult of a sole-source contract that was fication of this contract. It looks scary Despite this troubled history, the Adminis- given to a subsidiary of Halliburton, when one sees it because there is lots tration has awarded Brown & Root three these are some of the headlines that in it, but I have highlighted in yellow very lucrative Defense contracts. In 2001, Brown & Root won a $300-million contract to appeared across the country. I will let the things my colleagues ought to provide support services to the Navy—de- my colleagues judge, and I will let the know, because maybe they do not know spite a bid protest by a rival bidder that people judge whether these kinds of this. GAO upheld.11 Later that year, it won a ten- headlines are good for our country and I want to compliment the minority year contract with no cost ceiling to provide good for the morale of our troops. ranking member of the Committee on support services to the Army.12 Under these Here is one from the Atlanta Jour- Government Reform in the House, contracts, Brown & Root has been asked to nal-Constitution: HENRY WAXMAN, for doing so much of do work in Afghanistan and Uzbekistan and to build prison cells for terrorist suspects in Secret Halliburton deal endangers U.S. the research. Guantanamo Bay, Cuba—even though much credibility. I ask unanimous consent that a fact of this work could be done more cheaply That is May 8, 2003, in a southern sheet called the Bush Administration’s using Army and navy personnel.13 paper. Contracts with Halliburton, put out by In March 2003, the Administration awarded Here is one from the Montreal Ga- the minority staff of the Committee on Brown & Root a contract to repair and oper- zette: Government Reform, be printed in the ate Iraq’s oil infrastructure. Normally, fed- Halliburton contract bigger than reported; RECORD. eral contracting rules require public notice Linked to Cheney; Role has grown beyond There being no objection, the mate- and full and open competition. But the U.S. fighting Iraq oil fires. rial was ordered to be printed in the Army Corps of Engineers awarded the con- tract secretly and without any competition. This one was in the Houston Chron- RECORD, as follows: The Administration has been reluctant to icle on May 8, 2003: FACT SHEET: THE BUSH ADMINISTRATION’S provide complete, or even basic, information Halliburton contract stokes new con- CONTRACTS WITH HALLIBURTON about the contract. While the contract was troversy. The Bush Administration has awarded sev- signed March 8, it was not disclosed publicly Here is one from the L.A. Times, May eral extremely large contracts and task or- until March 24. Moreover, the Corps did not ders to Halliburton. Of particular concern 8: reveal until April 8, in response to a letter are the contracts awarded to a Halliburton from Rep. Waxman, that the contract had a Shadow over the oilfields; The administra- subsidiary, Kellogg Brown & Root. GAO re- potential value of up to $7 billion.14 And it tion’s no-bid contract with Halliburton sub- ports and other investigations have docu- was not until May 2, in response to another sidiary gives the impression of a grab at mented a history of Brown & Root over- request from Rep. Waxman, that the Corps Iraqi resources for American business. charging the taxpayer. Yet despite this his- disclosed that the scope of the contract was Another headline in the L.A. Times tory, the Administration has awarded Brown significantly broader than previously pro- on April 11: & Root lucrative government contracts—in- vided information had suggested.15 More flack on Halliburton deal; The rev- cluding a recent contract for oil-related Based on what the Corps has revealed to elation that the Pentagon contract is worth work in Iraq that is worth up to $7 billion date, the contract is worth up to $7 billion, up to $7 billion is more fuel for critics who and that was awarded secretly and without with the potential profit for Brown & Root say it should have been open to bidding. any competition. The Administration has worth up to $490 million. The Corps has said also awarded contracts worth hundreds of the actual value of the contract may end up And USA Today, April 11: millions of dollars for work in Iraq to a se- being less than that (according to the Corps, Halliburton oilfield deal raises questions. lect group of U.S. companies, with only lim- it may be ‘‘only’’ around $600 million). None- The point is, we should do everything ited competition. theless, the fact that the Corps would issue we can for the taxpayers of this coun- Halliburton has a unique relationship to such a large contract without competition is try to make them feel comfortable that this Administration. When Dick Cheney left highly unusual. when there is work at home or abroad, his position as Halliburton’s CEO in 2000 to Moreover, the contract is far broader than run for Vice President, he reportedly re- had been initially suggested. Information every business in this country gets a ceived company stock worth over $33 mil- provided by the Corps and Halliburton had chance to compete for the work. Why? lion.1 He continues to receive deferred com- indicated that the contract was for work Because we all know if there is no com- pensation payments of over $160,000 a year putting out oil well fires and repairing dam- petition, the price could soar. from Halliburton.2 age. Halliburton issued a press release on

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6916 CONGRESSIONAL RECORD — SENATE May 22, 2003 March 24 entitled ‘‘KBR Implements Plan for Army Corps contract, Halliburton announced were already five task orders under Extinguishing Oil Well Fires in Iraq,’’ which that it would not bid on the AID contract. It this Halliburton contract, finally they described the contract work as ‘‘assessing has indicated it may instead opt for a still gave this information over: They have and extinguishing oil well fires in Iraq and lucrative but lower-profile subcontracting obligated first $17 million, then $6.7 evaluating and repairing, as directed by the role. U.S. government, the country’s petroleum AID has not identified all of the companies million, $22 million, $5 million, and $24 infrastructure.’’ 16 The Corps also released in- that were selected to bid on its contracts and million, with no competitive bidding. formation stating that it was in charge of it has given shifting and at times contradic- Originally it was, oh, they have to ‘‘implementation of plans to extinguish oil tory explanations of why it did not use full put out the oil fires. Okay. We under- well fires and to assess oil facility damage in and open competition. stand that. But what about the rest? Iraq’’ and that it would be contracting with For example, AID has said that it limited The estimated face value of this con- Brown & Root to perform these functions.17 the eligible companies to those with a secu- tract is $7 billion. What do we spend on On May 2, however, the Corps revealed that rity clearance. But it turns out that some of all of our afterschool programs, I say the contract also includes ‘‘operation of fa- the companies that were asked to bid did not to my colleagues, in 1 year? A billion cilities’’ and ‘‘distribution of products.’’ It actually have security clearances. In fact, in dollars. How many kids are waiting in thus appears that Brown & Root may be one case, AID found out after choosing a con- asked to operate Iraqi oil facilities and dis- tractor that the contractor did not have a line to get into that program? Millions. tribute oil products. This raises significant clearance.21 AID awarded the contract to the We cannot afford it, but we can af- questions about the Administration’s inten- contractor anyway.22 ford to give a sole-source $7 billion to tions regarding Iraqi oil. The Administration AID has also said that it is required by fed- one company named Halliburton. We has previously drawn a bright line on Iraqi eral law to use U.S. companies. However, all know the power of that company. oil: according to White House spokesman Ari AID can waive this requirement. In fact, it I want my colleagues to see I am not Fleischer, ‘‘[t]he oil fields belong to the peo- did so with respect to subcontractors on the making this up when I say this was a ple of Iraq, the government of Iraq, all of Iraq contracts. But AID declined to invite sole-source contract. Estimated face Iraq.’’18 Those sentiments were echoed by any non-U.S. firms to bid on the actual con- value, $7 billion. Bids solicited, sole- Secretary of State Colin Powell and Sec- tracts. source procurement; bids received, one. retary of Defense Donald Rumsfeld, among More information about the Administra- What a happy day for Halliburton that others.19 It now appears that Halliburton or tion’s contracts with Halliburton and other another similar company—and not the Iraqi was. companies can be found at The subsidiary of Halliburton is people—may be making fundamental deci- www.reform.house.gov/min/inves admin/ l Brown & Root. That is the corporation sions about how much oil should be produced adminlcontracts.htm. and who should produce it. that is the subsidiary of Halliburton The Corps has also claimed that the con- ENDNOTES that received this contract. One might tract is only for short-term emergency work. 1 Cheney Gets $33 Million Exit Package from Dallas- say, well, maybe this is such a great Based Energy Services Firm, Dallas Morning News But the Corps revealed in their April 8 letter company, maybe there is a reason why that the contract has a two-year term. The (Aug. 17, 2000). 2 White House, Vice President Dick Cheney and Mrs. we would go sole source with this com- Corps also indicated that they are planning Cheney Release 2002 Income Tax Return (Apr. 11, 2003). pany. to replace the contract with a new, competi- 3 General Accounting Office, Contingency Oper- Well, GAO has found serious prob- tively bid contract. In their May 2 letter, ations: Opportunities to Improve the Logistics Civil Aug- however, the Corps disclosed that the Halli- mentation Program (Feb. 1997) (GAO/NSIAD–97–63). lems with contract work that Brown & burton contract will be in place until at 4 Id. Root did for the Army in the Balkans. least late August 2003, and possibility until 5 General Accounting Office, Contingency Oper- In 1997, GAO found that the Army was January 2004. ations: Army Should Do more to Control Contract Cost unable to ensure that the contractor in the Balkans (Sept. 2000) (GAO/NSIAD–00–225). According to the May 2 letter from the 6 Complaint for Damages under False Claims Act adequately controlled costs. For exam- Corps, the new, longer-term contract the and Demand for Grand Jury at 7, U.S. ex rel. Dammen ple, Brown & Root was charging the Corps is planning to issue will again involve Grant Campbell v. Brown & Root Service Corp. (E.D. Army $86 to fly in $14 sheets of plywood operating facilities and distributing oil. This Cal.) (No. CIV–97–1541WBSPAN). from the United States of America. raises further questions about how much say 7 Department of Defense, Criminal Investigative the Iraqi people will have in making deci- Service, Press Release (Feb. 7, 2002). The Army official in charge was 8 sions about the country’s natural resources. Halliburton, Halliburton Reports SEC Investigation shocked when he found out. The Corps contract is ‘‘cost plus.’’ This of Accounting Practice (May 28, 2002); Halliburton, In 2000, GAO found more evidence Halliburton Updates SEC Status (Dec. 19, 2002). means that the contractor receives its costs 9 Halliburton, Halliburton 2002 Fourth Quarter Ad- that Brown & Root was inflating the plus an additional percentage of those costs justments (Mar. 27, 2003). Government’s costs and its products as its profit. These kinds of contracts are 10 Securities and Exchange Commission, Halli- by, for example, overstaffing work particularly susceptible to abuse as they burton Company Form 10–Q (Mar. 31, 2003). crews and providing more goods and 11 The rival bidder also claimed that Brown & Root give the contractor an incentive to pad its services than necessary. And how profits by increasing its costs. As noted had an unfair advantage because its proposed pro- gram manager was an active-duty Navy officer in about this: Brown & Root was the sub- above, Brown & Root has a record of over- the command that conducted the acquisition. GAO charging the taxpayer on cost-plus con- ject of a criminal investigation for concluded that there was ‘‘no evidence that any im- overbilling the Government on another tracts. propriety or unfair competitive advantage resulted’’ OTHER IRAQ CONTRACTS from the apparent conflict of interest. General Ac- contract. According to a former em- counting Office, Matter of Perini/Jones Joint Venture ployee, the company routinely and sys- Halliburton is not the only company to (Nov. 1, 2000) (GAO Decision B–285906). tematically inflated contract prices it benefit from secret, noncompetitive con- 12 In Tough Times, a Company Finds Profits in War, tracts. The U.S. agency for International De- New York Times (July 13, 2002). submitted to the Government for work velopment hand-picked U.S. companies to 13 Id. it performed on a military base in Cali- bid secretly on contracts for work in Iraq. 14 See Letter from Lt. Gen. Robert B. Flowers to fornia, and Brown & Root paid $2 mil- Like the Army Corps contract, the AID con- Rep. Henry A. Waxman (Apr. 8, 2003). lion to settle that case. 15 tracts for Iraqi reconstruction have been See Letter from Lt. Gen. Robert B. Flowers to Rep. Henry A. Waxman (May 2, 2003). Brown & Root’s parent company Hal- handled with unusual secrecy. AID secretly 16 Halliburton, KBR Implements Plan for Extin- liburton has its own problems. The hand-picked a select few domestic companies guishing Oil Well Fires in Iraq (Mar. 24, 2003). SEC is investigating accounting prac- to bid on nine contracts for services includ- 17 U.S. Army Corps of Engineers, The Corps of Engi- tices of the company. The company re- ing airport administration, education, public neers’ Role in Combatting Iraqi Oil Fires (undated). health, and personnel support. The eight 18 White House, Press Briefing by Ari Fleischer (Feb. cently restated its earnings for the contracts that have been awarded are to- 6, 2003). fourth quarter of 2002 and Halliburton 19 gether worth up to $1 billion. And they may Powell Says U.S. Not after Iraqi Oil, Los Angeles has admitted paying $2.4 million in Times (Jan. 23, 2003); NewsHour, PBS (Feb. 20, 2003). bribes to a Nigerian official in an at- be worth much more, depending on whether 20 Center for Responsive Politics, Rebuilding Iraq: and how they are renewed. The Contractors (undated) (online at tempt to gain favorable tax treatment Halliburton was one of five companies www.opensecrets.org/news/rebuildingliraq/ in the country. asked by AID to bid on a $680 million con- index.asp). So I say to my colleagues, why on tract to rebuild Iraq. Like Halliburton, the 21 Letter from Bruce N. Crandlemire, Office of In- spector General, U.S. Agency for International De- Earth would the Army Corps give this other companies bidding—including Parsons, company this incredible sole-source Fluor, and the eventual winner, Bechtel—are velopment, to Timothy T. Beans, U.S. Agency for International Development (Apr. 25, 2003). contract to the tune of $7 billion? heavy Republican contributors. Between 22 Id. them, these companies reportedly contrib- We have had a series of answers to uted $3.6 million over the past two election Mrs. BOXER. When we look at this that question. At first we were told cycles, two-thirds of which went to Repub- congressional notification, which was this was just for emergencies. Remem- licans.20 After the controversy over the very late in getting there because there ber those newspaper articles, just for

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6917 emergencies? Now we are finding out it on is more than a sense of the Senate. raises is whether it is improper or has goes well beyond emergencies. It is a sense of the Senate plus it is a an appearance of impropriety. In March 2003, the administration requirement that if the Department of I say on its face there is an appear- awarded Brown & Root a contract to Defense does not meet its own stated ance of impropriety, that one company, repair and operate Iraq’s oil infrastruc- goal of having a fully competitive con- without competitive bidding, would ture. The administration has been re- tract in place by August 31, 2003, to re- end up with a $7 billion contract. Is the luctant to provide complete or even place this boondoggle, the Secretary of Senator from California saying that if basic information about the contract. Defense shall submit a report to Con- Halliburton is that good, that this is Remember, the contract was awarded gress by September 30, 2003, detailing the only company in America that can March 8 but it was not publicly dis- the reasons for allowing this sole- possibly bid on it, Halliburton will closed until March 24. The Corps did source contract to continue. have its chance? not reveal until April 8, in response to Mr. DURBIN. I ask the Chair if the The Department of Defense is going a letter from Representative WAXMAN, Senator would yield for this question. to say to all the companies in America that the contract had a potential value Will the Senator yield for a question? that might provide the services, you of up to $7 billion. Mrs. BOXER. Yes. have your chance to compete with Hal- It was not until May 2, in response to Mr. DURBIN. In this situation, has liburton. If it is that good, Halliburton another request from Representative the Department of Defense made any can win this contract fair and square WAXMAN, the Corps disclosed the scope statements that they are planning on on the up and up and eliminate any ap- of the contract was significantly broad- making some sort of a revision to this pearance of impropriety. Is that what er than previously provided informa- $7 billion Halliburton contract? the Senator from California is trying tion had suggested. Mrs. BOXER. That is correct, they to achieve? We have a chance to end this embar- have. In a letter to Representative Mrs. BOXER. I am trying to say what rassment today. If we have a strong WAXMAN, who has kind of uncovered you stated. If Halliburton or subsidi- vote on the Boxer-Lieberman-Lauten- this entire matter—if it was not for aries wish to do more work in Iraq, let berg-Durbin-Graham of Florida-Clinton him, this thing might be buried some- them stand shoulder to shoulder, toe to amendment—and I hope many other where in somebody’s drawer—they toe with every other company in this colleagues will join. I hope many on said, we are now completing—this is country. the other side will join—what are we the Department of the Army: We are I have heard from so many saying? We are saying if they do not now completing the competitive acqui- businesspeople who are outraged at correct the problem as they have stat- sition strategy and plan, preparing the this. That is why the amendment I ed they would do—and they have stated statement of work, and preparing the have offered on behalf of Senator LAU- they would in fact end this sole-source solicitation that will request proposals TENBERG and you and others is a contract and they would go out for bid to perform work. The solicitation will probusiness amendment; it is a by the end of August—all we are saying be advertised on the Federal Business protaxpayer amendment and a is send us a report, tell us the reason Opportunities Web site by late spring proconsumer amendment. why you are carrying on. or early summer and the estimate for Mr. LAUTENBERG. Will the Senator Under Senator WARNER’s amend- the award of the contract is approxi- yield for a question? This could be de- ment, which I have no objection to at scribed as ‘‘business unusual.’’ all, and I am going to vote for it, let’s mately the end of August. So they have given a date by which Mrs. BOXER. I think my friend, a hear what it says. It says it is the sense they say they will be able to take the very successful businessman, has put of the Senate—which, by the way, has rest of this contract and bid it out. his finger on it: It is business unusual. no force of law—that the DOD should By the way, there is nothing to say Mr. LAUTENBERG. Yes. Often we fully comply with the Competition in that the Halliburton subsidiary, Brown say business as usual; this is business Contracting Act for any contract & Root, can’t compete on the rest of as unusual. awarded for reconstruction activities Does the Senator, in the resolution the contract when it goes out. It ought in Iraq and should conduct a full and proposed, talk about terms or perform- open competition for performing work to be open. Mr. DURBIN. If the Senator will fur- ance? Is it not worth noting if this con- needed for the reconstruction of the ther yield for a question, what the Sen- tract were done, if not in the dark of Iraqi oil industry as soon as prac- ator from California is asking the Sen- night, certainly at dusk—we do not ticable. know the terms—that not only means I am not a lawyer, but I can tell my ate to do, is hold the Department of Defense to their own promise to the price could be many times over, there colleagues when we see the words ‘‘as are no performance standards, either, soon as practicable,’’ get nervous. Congress that they will put an end to this $7 billion Halliburton sole-source which is pretty darn unusual? Mr. DURBIN. Will the Senator yield Mrs. BOXER. I say to my friend, it is contract and actually open this up to for a question? very unusual. When we ask them, they bidding. The Senator is only asking Mrs. BOXER. I would be so happy to say: We are just going to use this con- Congress to hold the Department of De- yield. tract to put out the fires. Mr. DURBIN. I am a lawyer, and fense accountable for written promises Then it turned out, thank God, there those are known as weasel words be- they have already made to Congress. were not that many fires; and we cause if that phrase can be included, it Mrs. BOXER. That is all I am doing. thought, OK, fine, it was a sole source. has no meaning. The question is wheth- I say to my friend, I can tell from the Mr. LAUTENBERG. It turned out to er we are going to hold the Department sound of his voice, he is a little incred- be a fire sale. of Defense accountable. I ask the Sen- ulous that this has not been accepted Mrs. BOXER. Another excellent ator from California this question: The by the other side. This is such a simple, point. sense-of-the-Senate resolution which straightforward commonsense kind of I am happy my friend from New Jer- she offers not only raises a question of approach. sey is back. I was losing my sense of whether this is evidence of profit- We are saying that this was not humor. I am glad he is back. eering, evidence of a sweetheart ar- right. The Army Corps has said they This chart shows the congressional rangement, evidence of the kind of will fix it. They have given us a date; notification of this contract. The light sole-source agreement that frankly is they will fix it. All we are saying is, if of day never came to this until way not in the best interest of either Amer- you do not, we want to hold you ac- after it was issued. Now we finally got ican taxpayers or America’s national countable. We want a report. it after the fifth task order. Estimated defense, is she specific in the account- Mr. DURBIN. If the Senator will value, $7 billion. ability she is holding the Department yield for a further question, in most in- They called it a bridge contract, by of Defense to in terms of when they stances, when you are considering this the way, when they started out, and will report as opposed to as soon as kind of arrangement—here we have a they started to let out these task or- practicable? major company, sole-source contract ders. Mrs. BOXER. Absolutely. My par- for $7 billion, without anyone else com- Mr. LAUTENBERG. Will the Senator ticular amendment that will be voted peting with them. The question it yield?

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6918 CONGRESSIONAL RECORD — SENATE May 22, 2003 Does it say the maximum amount There is the issue of the no-bid proc- Mr. WARNER. Mr. President, I ask the Government could spend? ess. Perhaps we ought to have a Senate unanimous consent to modify my Mrs. BOXER. The estimated face resolution to see how our friends would amendment. I will send the modifica- value. vote if we said let’s go to all no-bid tion to the desk. Mr. LAUTENBERG. So if $7 billion contracts for Government purchases. Mrs. BOXER. Reserving the right to became $10 billion—is there any limita- Sound like a good idea? I doubt it. object, I don’t know whether I will ob- tion? Asked why the Halliburton contract ject. I would like a chance to look at Mrs. BOXER. Legally, as I look at it, was awarded in a no-bid fashion, the it. I just got a chance to look at it a it says estimated face value. Army Corps asserted that there was no minute ago. So if you could put the Here it says ‘‘bids received: One.’’ time for a competitive process and this unanimous consent off for a couple of ‘‘Bids solicited, sole source.’’ contract would be of short duration. minutes so I can take a look at it? This is stunning. You can spend $7 billion in a hurry, I Mr. WARNER. Fine. Let me just ex- I ask the President how much time guess. plain to the Senator what it is. The remains on my side? We now learn the contract could be Senator, in the course of her com- The PRESIDING OFFICER. Eight worth up to $7 billion. For the past 6 ments, more or less criticized the minutes twenty seconds. weeks, each time the Army Corps has amendment by the Senator from Vir- Mrs. BOXER. I yield 5 minutes to my been questioned about the contract, we ginia as not having in it the full force friend from New Jersey and retain the hear a different story. and effect of law. So, acting upon the remainder of my time. I recently have written a letter to suggestion of the good Senator from The PRESIDING OFFICER. The Sen- Senator COLLINS and Senator LIEBER- California, I have now provided that ator from New Jersey is recognized. MAN, the chairman and the ranking this amendment will have the full force Mr. LAUTENBERG. I thank my member of the Governmental Affairs of law. Let me read it to you. friend and colleague from California. I Committee of which I sit, asking them Mrs. BOXER. If the Senator wants to support Senator BOXER’s amendment to hold a hearing to investigate this give me 2 minutes, I am just looking at regarding the questionable—and it is contract. I believe the hearing will it now. You can read it to me or I can questionable; friends here know I spent allow us to finally determine the true get a copy and read it myself. Either a lot of my time, most of my life, in scope of this contract and why the ad- way is fine. I do not have it in front of business, more than I have in the Sen- ministration chose not to have a bid- me. ate. No-bid contracts are practically ding process and why the information Mr. WARNER. Let me read it. nonexistent when they have significant was withheld. Something here is not right. Not The Department of Defense shall fully value to either the company, the gov- comply with the Competition in Contracting ernment, or otherwise. only do we need to investigate the Act (10 U.S.C. 2304 et seq) for any contracts The contract given to Halliburton in process under which this contract was awarded for reconstruction activity in Iraq early March regarding Iraq’s oil infra- awarded, but we also need to put a and shall conduct a full and open competi- structure, this no-bid contract, has competitive contracting process in tion for performing work needed for the re- raised serious concern. There is good place for this work in Iraq. We need to construction of the Iraqi oil industry. . . .’’ cause. There is no accusation here. It is ensure for the American people that It is straightforward. just a question of what is a good, sen- the Government is not engaged in Mrs. BOXER. Mr. President, I suggest sible business practice. sweetheart deals for its corporate the absence of a quorum. I am just I ask every Senator in this body to friends. going to chat with my friend for a take a look and ask if they would give The amendment of Senator BOXER minute. out a contract to cut the lawn at their encourages that the current no-bid The PRESIDING OFFICER. The house or cut down trees or paint the Halliburton contract be replaced short- clerk will call the roll. house without getting some formal re- ly through a competitive process, and I The assistant legislative clerk pro- sponse as to what it might cost. We congratulate the Senator from Cali- ceeded to call the roll. fornia for that thought. That is the have a strange happening: no-bid con- Mr. WARNER. Mr. President, I ask way it ought to work. tract. It could be as much as $7 billion, unanimous consent that the order for The reconstruction of Iraq, particu- with no ceiling on it. That is the inter- the quorum call be rescinded. larly the rebuilding of the Iraqi oil in- The PRESIDING OFFICER. Without esting aspect. For whatever reason, the dustry, is an extremely sensitive en- administration has attempted to con- objection, it is so ordered. deavor. I believe it is vitally important Mr. WARNER. Mr. President, I ask ceal the scope and the terms of the for the Pentagon to divulge informa- unanimous consent that we proceed as contract. This attempt to hide infor- tion as to how it awards contracts in a if in morning business. mation has generated plenty of sus- public and systematic fashion. The The PRESIDING OFFICER. Without picion. Halliburton contract and the cloak of objection, it is so ordered. Initially, it was announced that the secrecy around it must not set a prece- f contract with Halliburton was for the dent for future contracts in the recon- specific and limited purpose of extin- struction process. CORRECTION IN THE ENROLLMENT guishing Iraqi oil fires. That could be In this time of budget difficulties, OF H.R. 1298 described as emergency and repairing with our inability to finance programs Mr. WARNER. Mr. President, I ask equipment. The initial value of the that have been an important part of contract, the initial value, was $50 mil- the Chair lay before the Senate a mes- the structure of the United States— sage from the House of Representatives lion. We are now talking about ap- whether it is education, whether it is proximately $7 billion, give or take $2 on the concurrent resolution (S. Con. prescription drugs or otherwise—for us Res. 46) to correct the enrollment of billion or $3 billion—mostly take; I to go ahead and spend $7 billion with- guarantee there is no give, in the hope H.R. 1298. out knowing how, why, and when this The PRESIDING OFFICER laid be- that no one would ask any questions. work is going to be performed is an fore the Senate the following message This was a no-bid contract given to a outrage. I don’t think the American company that has strong ties to the ad- from the House of Representatives: public ought to stand still for it. Resolved, That the resolution from the Sen- ministration. Then the details began to I hope my colleagues on the other change. Six weeks after the contract ate (S. Con. Res. 46) entitled ‘‘Concurrent side will agree. Many of them are good resolution to correct the enrollment of H.R. was originally disclosed, the Army ad- business-people who have been out 1298’’, do pass with the following mitted that the contract was not only there and understand what has been Amendment: for putting out the fires and making appropriate process in business. On page 1, line 2, strike ‘‘Secretary of the some repairs—repairs, $7 billion?—sud- I urge my colleagues to support the Senate’’ and insert ‘‘Clerk of the House of denly the Army Corps revealed that Boxer amendment. Representatives’’, the contract called for Halliburton to I yield the floor. Mr. WARNER. Mr. President, I ask operate the oil wells and distribute Mrs. BOXER. Mr. President, I reserve unanimous consent that the Senate Iraqi oil. That is a huge difference. the remainder of my time. agree to the amendment of the House.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6919 Mr. REID. No objection. (b) REPORT TO CONGRESS.—If the Depart- important to me is, if the Senate will The PRESIDING OFFICER. Without ment of Defense does not have a fully com- speak in one voice, we will have a vote. objection, it is so ordered. petitive contract in place to replace the I trust it will pass with a very wide Mr. WARNER. Mr. President, I sug- March 8, 2003 contract for the reconstruction margin, if not unanimously. The Sen- of the Iraqi oil industry by August 31, 2003, gest the absence of a quorum. the Secretary of Defense shall submit a re- ate will go on record, if we pass the The PRESIDING OFFICER. The port to Congress by September 30, 2003, de- Warner-Boxer amendment, as saying clerk will call the roll. tailing the reasons for allowing this sole- the following: We don’t approve of this The assistant legislative clerk pro- source contract to continue. A follow-up re- sole-source contract continuing, that ceeded to call the roll. port shall be submitted to Congress each 60 we want to make sure the Army Corps, Mr. WARNER. Mr. President, I ask days thereafter until a competitive contract which says it is going to end this con- unanimous consent that the order for is in place. tract, is held accountable; that they the quorum call be rescinded. AMENDMENT NO. 825 WITHDRAWN are going to have to let us know if by The PRESIDING OFFICER (Mr. Mr. WARNER. Mr. President, at this August 30 they don’t end the sole- SMITH). Without objection, it is so or- time I respectfully ask the Chair to source contract, and every 60 days dered. withdraw the amendment by the Sen- thereafter they are going to have to let f ator from California. us know why they are continuing a $7 NATIONAL DEFENSE AUTHORIZA- Mrs. BOXER. I have no objection to billion sole-source contract. TION ACT FOR FISCAL YEAR withdrawing my amendment because it That is all I wanted when I stood up 2004—Continued has, in fact, been made a part of the a couple hours ago. That is all I want Warner amendment. now. I am grateful to my friend for Mr. WARNER. Mr. President, I ask Mr. WARNER. That is correct. being openminded. It was a good de- unanimous consent that the Senate re- Mr. REID. Mr. President, I also ask bate. turn to the underlying bill. that this amendment have the name of I also say to my leader on the Armed The PRESIDING OFFICER. Without the Senator from California on it, also. Services Committee, Senator LEVIN, objection, it is so ordered. Mr. WARNER. It is to be known as the ranking member, how helpful he AMENDMENT NO. 826, AS MODIFIED the Warner-Boxer—and also for the has been to me. When I started, I had a Mr. WARNER. Mr. President, as is so Senator from New Jersey, my friend, proposal that might never have seen often the case here in the Senate dur- Mr. LAUTENBERG. The two of us go back the light of day. He worked with me to ing the course of deliberations, col- many years. make it relevant, make it work. Again, leagues find a mutual ground by which Mr. LAUTENBERG. Further than we to Senators GRAHAM and LIEBERMAN they can resolve such differences as can remember. and CLINTON and DURBIN and LAUTEN- exist. And in this instance, the distin- Mr. WARNER. Yes, further back than BERG, before we looked like we had a guished Senator from California, my- we can remember. winner here, they were with me. This is self, and the distinguished Senator The PRESIDING OFFICER. Without really very nostalgic for me. In my from New Jersey have joined together. objection, the amendment of the Sen- time in the House, I worked on the The amendment in the first degree of ator from California is withdrawn. Armed Services Committee on military the Senator from Virginia remains in a Mr. WARNER. And the amendment procurement before. I had hoped I document that I will shortly send to of the Senator from Virginia is now wouldn’t have to be standing here wor- the desk. And the basic report lan- known as the Warner-Boxer-Lauten- ried about military procurement, but it guage required in the amendment of berg amendment? looks like it comes back like a bad the Senators from California and New The PRESIDING OFFICER. That is dream. Jersey is, likewise, in this document. correct. Without objection, it is so or- I am hopeful the action we take this They are coupled together. dered. afternoon, just to let the Army Corps So I ask unanimous consent that the Mr. WARNER. Briefly, to explain to know we are all watching, Republicans amendment by the Senator from Vir- the Senate, basically what we have and Democrats, will have a salutary ef- ginia be modified. And I send the modi- done is we have put into law the re- fect on the termination of the sole- fied amendment to the desk. quirement that the Department of De- source contract and fair and open bid- The PRESIDING OFFICER. Is there fense shall fully comply with the Com- ding. The taxpayers deserve no less. objection to the modification? petition in Contracting Act for any The business community deserves no Mrs. BOXER. Reserving the right to contract awarded for reconstruction less. Consumers deserve no less. Frank- object, I would like to say, I am very activities in Iraq and shall conduct a ly, the people of Iraq deserve no less supportive of this. I just want to ask if full and open competition for per- because we are trying to rebuild their it is the right thing for me to withdraw forming work needed for the recon- country in the most efficient way we my amendment, or is that not nec- struction of the Iraqi oil industry. can. essary? Second, a report to Congress. If the I thank my friend again, Senator Mr. WARNER. Mr. President, I would Department of Defense does not have a WARNER. I urge a yea vote on the War- so make that request. That was my un- fully competitive contract in place to ner-Boxer amendment. derstanding. I was going to do that replace the March 8, 2003 contract for Mr. LAUTENBERG. Mr. President, after this amendment had been amend- the reconstruction of the Iraqi oil in- will the manager yield a moment? ed. dustry by August 31, 2003, the Sec- Mr. WARNER. Take such time as you So if the Chair would rule on the retary of Defense shall submit a report need. modification of the amendment. to Congress by September 30, 2003, de- Mr. LAUTENBERG. Just a minute, The PRESIDING OFFICER. Is there tailing the reasons for allowing the because I want to second what we just objection to the modification? sole-source contract to continue. A fol- heard from the Senator from California Hearing none, it is so ordered. lowup report shall be submitted to about my friend and colleague from The amendment (No. 826), as modi- Congress each 60 days thereafter until Virginia. We have our policy dif- fied, is as follows: a competitive contract is in place. ferences. But when there is something At the appropriate place, insert the fol- I yield the floor. that strikes the right note, I know for lowing: The PRESIDING OFFICER. The Sen- the many years we have served to- SEC. . COMPETITIVE AWARD OF CONTRACTS ator from California. gether, now about 20, including a 2- FOR IRAQI RECONSTRUCTION. Mrs. BOXER. I thank my colleague year lapse, we were able to agree on (a) REQUIREMENT.—The Department of De- from Virginia. things here and there that meant a lot fense shall fully comply with the Competi- I think when the Senate can work to- in terms of the process of our func- tion in Contracting Act (10 U.S.C. 2304 et seq) gether, when we can cross over, one for any contract awarded for reconstruction tioning. activities in Iraq and shall conduct a full and side to the other, we do good work. I commend the Senator from Virginia open competition for performing work need- What we did is literally take one half for coming to a negotiated settlement ed for the reconstruction of the Iraqi oil in- of the amendment of the Senator from and consensus view that accomplishes dustry. Virginia and one half of mine. What is what we all wanted. I thank him for his

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6920 CONGRESSIONAL RECORD — SENATE May 22, 2003 willingness to listen and for me to be The amendments will not ensure Feinstein Landrieu Reid Fitzgerald Lautenberg Roberts able to participate. open competition, but at least they Frist Leahy Rockefeller I yield the floor. will bring daylight to shine on the ad- Graham (FL) Levin Santorum Mr. HARKIN. Mr. President, I am ministration’s activities, and will Graham (SC) Lieberman Sarbanes pleased to join Senator WYDEN and allow the American and Iraqi people to Grassley Lincoln Schumer Gregg Lott Sessions other colleagues in sponsoring this see what is being done with our money Hagel Lugar Shelby amendment on contracting in Iraq and and their future. Harkin McCain Smith in support of the Warner-Boxer amend- Mr. LEVIN. Mr. President, I under- Hatch McConnell Snowe ment No. 826. One of our key objectives Hollings Mikulski Specter stand the yeas and nays are going to be Hutchison Miller Stabenow for our work in Iraq is to convince the requested. I thank my good friend from Inhofe Murkowski Stevens Iraqi people, other nations in the Mid- California for her kind words and, as Inouye Murray Sununu east, and our allies that we are not oc- always, the Senator from Virginia for Jeffords Nelson (FL) Talent Johnson Nelson (NE) Thomas cupying Iraq to get their oil and ben- his willingness to work to try to ad- Kennedy Nickles Voinovich efit big American corporations. We are vance the Senate’s proceedings in a fair Kohl Pryor Warner there to provide the Iraqi people with and thoughtful way. I thank him as al- Kyl Reed Wyden basic services and infrastructure, ways for his willingness to try to find NOT VOTING—1 human rights, and a more representa- some way to bring together diverse Kerry tive government. Given the massive views. The amendment (No. 826), as modi- problems we are having there, it is Mr. WARNER. Mr. President, by way equally important to enable oversight fied, was agreed to. of concluding remarks, we have set Mrs. BOXER. Mr. President, I move by—and provide information for—Con- forth a joint statement which hope- to reconsider the vote. gress and the American people as well. fully will be enacted into law. I com- Mr. WARNER. I move to lay that mo- So it is unfortunate that we have mend my two colleagues for their started the reconstruction in Iraq on tion on the table. work. I don’t fully share some of the The motion to lay on the table was exactly the wrong note. Contracts have allegations raised with regard to the agreed to. been let in secrecy, without open com- suspicions connected with this con- The PRESIDING OFFICER. The Sen- petition, to friends of the administra- tract. It is for that reason the contract ator from Virginia. tion. The Army Corps of Engineers should see the full rays of sunlight and Mr. WARNER. My distinguished gave a contract that they thought was be explored. Committees of Congress ranking member, working in conjunc- potentially worth $7 billion to Halli- will eventually be exploring this same tion with our leadership, is of the view burton with no competition at all. The issue. that we are rapidly approaching the contract is classified, and I have been This document simply establishes a point at which we can seek third read- told the reason it is classified is classi- procedure by which this can be done. It ing and have final passage. I hope that fied too. And information about it has is my expectation we will recognize within a matter of a few minutes we only dribbled out. First we were told it that those in authority in the Depart- can determine that option and its was just to put out oil well fires. Later ment of Defense, recognizing the ur- availability. is slipped out that production and dis- gency of time following the basic ces- Mr. LEVIN. We are almost there, Mr. tribution of oil were included as well. sation, not the full cessation but basic President, but not quite. Was this in the interest of the Iraqi cessation of hostilities, have to move Mr. WARNER. Unless there are fur- people? Did they consider investiga- with swiftness. That is the underlying ther matters that the Senators wish to tions suggesting excessive charges in reason. Eventually this contract can be address with regard to the underlying previous Halliburton contracts? how substantiated as in compliance with bill, I suggest the absence of a quorum. can we tell? the law. The PRESIDING OFFICER. The The Agency for International Devel- Mr. President, I ask for the yeas and clerk will call the roll. opment, under guidance from the Pen- nays. The legislative clerk proceeded to tagon, has also let contracts in secrecy The PRESIDING OFFICER. The yeas call the roll. with only limited competition between and nays have been previously ordered. Mr. WARNER. Mr. President, I ask hand-picked companies. Bechtel, with The question is on agreeing to unanimous consent that the order for its own ties to the administration, got amendment No. 826, as modified. The the quorum call be rescinded. the largest one. Again we don’t know clerk will call the roll. The PRESIDING OFFICER. Without how they chose these companies. The legislative clerk called the roll. objection, it is so ordered. These practices must end if we are to Mr. REID. I announce that the Sen- AMENDMENT NO. 806, AS MODIFIED obtain the trust of people at home or ator from Massachusetts (Mr. KERRY) Mr. WARNER. Mr. President, the dis- abroad. And I have to say it is not clear is necessarily absent. tinguished ranking member and I will that results so far justify this unusual I further announce that if present now proceed to continue with amend- way of doing things. and voting, the Senator from Massa- ments that have been agreed to on both This modest amendment simply says chusetts (Mr. KERRY) would vote sides. that if the administration is going to ‘‘aye’’. Mr. President, I ask unanimous con- let contracts for Iraqi reconstruction The PRESIDING OFFICER (Mr. GRA- sent amendment No. 806 be modified without full and open competition, it HAM of South Carolina). Are there any with the changes at the desk. has to tell Congress and the American other Senators in the Chamber desiring The PRESIDING OFFICER. Without people what it is doing. They have to to vote? objection, it is so ordered. give the amount of the contract, the The result was announced—yeas 99, The amendment (No. 806), as modi- scope, a description of who was allowed nays 0, as follows: fied, is as follows: to compete and why, and documents on why they did not allow full competi- [Rollcall Vote No. 193 Leg.] On page 17, after line 9, insert the fol- lowing: tion. Classified information could be YEAS—99 SEC. 108. REDUCTION IN AUTHORIZATION. Akaka Burns Craig redacted, but would still be given to The total amount authorized to be appro- appropriate Congressional committees. Alexander Byrd Crapo Allard Campbell Daschle priated under section 104 is hereby reduced Similarly, the Warner-Boxer amend- Allen Cantwell Dayton by $3,300,000, with $2,100,000 of the reduction ment requires competitive contracting Baucus Carper DeWine to be allocated to SOF rotary upgrades and for reconstruction of the Iraqi oil in- Bayh Chafee Dodd $1,200,000 to be allocated to SOF operational Bennett Chambliss Dole enhancements. dustry. If the administration does not Biden Clinton Domenici cut off the Halliburton contract by Au- Bingaman Cochran Dorgan Mr. WARNER. The amendment has gust 31 and allow full competition for Bond Coleman Durbin been agreed to on both sides. that work, as it has said it would, the Boxer Collins Edwards The PRESIDING OFFICER. The Breaux Conrad Ensign amendment requires report to Con- Brownback Cornyn Enzi question is on agreeing to the amend- gress. Bunning Corzine Feingold ment.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6921 The amendment (No. 806), as modi- The legislative clerk read as follows: eral ownership under the Department of De- fense infrastructure demonstration project fied, was agreed to. The Senator from Virginia (Mr. WARNER), at Brooks Air Force Base, Texas, and the Mr. WARNER. I move to reconsider for Mr. VOINOVICH, proposes an amendment the vote. numbered 829. amounts of such basic support payments for Mr. LEVIN. I move to lay that mo- fiscal year 2004 shall be computed as if the The amendment is as follows: converted property were Federal property for tion on the table. (Purpose: To provide that requirements on purposes of receiving the basic support pay- The motion to lay on the table was coverage of the costs of instruction at the ments for the period in which the demonstra- agreed to. Naval Postgraduate School shall also apply tion project is ongoing, as documented by AMENDMENT NO. 828 with respect to costs of instruction at the the local educational agency to the satisfac- Mr. LEVIN. Mr. President, on behalf Air Force Institute of Technology) tion of the Secretary. of Senators KERRY and KENNEDY, I On page 103, between lines 18 and 19, insert (2) If funds are used as authorized under offer an amendment which would au- the following: paragraph (1), the Secretary shall reduce the amount of any basic support payment for fis- thorize transportation of dependents to ‘‘(3) The Department of the Army, the De- partment of the Navy, and the Department cal year 2004 for a local educational agency the presence of members of the Armed described in paragraph (1) by the amount of Forces who are retired for illness or in- of Transportation shall bear the cost of the instruction at the Air Force Institute of any revenue that the agency received during jury as a result of active duty. Technology that is received by officers de- fiscal year 2002 from the Brooks Develop- The PRESIDING OFFICER. The tailed for that instruction by the Secretaries ment Authority as a result of the demonstra- clerk will report. of the Army, Navy, and Transportation, re- tion project described in paragraph (1). The legislative clerk read as follows: spectively. In the case of an enlisted member (e) DEFINITIONS.—In this section: (1) The term ‘‘educational agencies assist- The Senator from Michigan [Mr. LEVIN], permitted to receive instruction at the Insti- ance’’ means assistance authorized under for himself, Mr. KERRY, for himself and Mr. tute, the Secretary of the Air Force shall section 386(b) of the National Defense Au- KENNEDY, proposes an amendment numbered charge that member only for such costs and 828. fees as the Secretary considers appropriate thorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 7703 note). The amendment is as follows: (taking into consideration the admission of enlisted members on a space-available (2) The term ‘‘local educational agency’’ (Purpose: To authorize the transportation of basis).’’ has the meaning given that term in section dependents to the presence of members of 8013(9) of the Elementary and Secondary the Armed Forces who are retired for ill- The PRESIDING OFFICER. Is there Education Act of 1965 (20 U.S.C. 7713(9)). ness or injury as a result of active duty) debate? (3) The term ‘‘basic support payment’’ At the end of subtitle C of title VI, add the Mr. WARNER. This has been cleared means a payment authorized under section following: on both sides. 8003(b(1)) of the Elementary and Secondary SEC. 634. TRANSPORTATION OF DEPENDENTS TO Mr. LEVIN. We have no objection. Education Act of 1965 (20 U.S.C. 7703(b)(1)). PRESENCE OF MEMBERS OF THE The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ARMED FORCES WHO ARE RETIRED FOR ILLNESS OR INJURY INCURRED objection the amendment is agreed to. objection, the amendment is agreed to. IN ACTIVE DUTY. The amendment (No. 829) was agreed The amendment (No. 830) was agreed Section 411h(a) of title 37, United States to. to. Code, is amended— Mr. LEVIN. I move to reconsider the Mr. WARNER. Mr. President, I move (1) in paragraph (1), by striking ‘‘paragraph vote. to reconsider the vote. (2)’’ and inserting ‘‘paragraph (3)’’; Mr. WARNER. I move to lay that mo- Mr. LEVIN. I move to lay that mo- (2) by redesignating paragraph (2) as para- tion on the table. tion on the table. graph (3); The motion to lay on the table was (3) by inserting after paragraph (1) the fol- The motion to lay on the table was lowing new paragraph (2): agreed to. agreed to. ‘‘(2) Under the regulations prescribed under AMENDMENT NO. 830 AMENDMENT NO. 831 paragraph (1), transportation described in Mr. WARNER. Mr. President, on be- Mr. WARNER. Mr. President, I offer subsection (c) may be provided for not more an amendment on behalf of Senator than two family members of a member oth- half of Senator HUTCHISON, I offer an amendment which ensures that Impact DOMENICI which expresses the sense of erwise described in paragraph (3) who is re- the Senate on the reconsideration of tired for an illness or injury described in Aid continues for military dependents that paragraph if the attending physician or at installations that have been con- the decision to terminate the border surgeon and the commander or head of the veyed to local communities such as and seaport inspection duties of the military medical facility exercising control Brooks Air Force Base but the military National Guard as part of its drug over the member determine that the pres- continues to reside in the base housing. interdiction and counterdrug mission. ence of the family member would be in the The PRESIDING OFFICER. The It has been cleared on both sides. best interests of the family member.’’; and The PRESIDING OFFICER. The (4) in paragraph (3), as so redesignated, by clerk will report. The legislative clerk read as follows: clerk will report. striking ‘‘paragraph (1)’’ and inserting The legislative clerk read as follows: ‘‘paragraph (1) or (2)’’. The Senator from Virginia [Mr. WARNER], The Senator from Virginia [Mr. WARNER], Mr. LEVIN. The amendment has been for Mrs. HUTCHISON, proposes an amendment numbered 830. for Mr. DOMENICI, for himself, Mr. MCCAIN, agreed to on both sides. Mr. NELSON of Florida, and Mr. CORNYN, pro- The PRESIDING OFFICER. Without The amendment is as follows: poses an amendment numbered 831. objection, the amendment is agreed to. (Purpose: To amend the section 351 funding The amendment is as follows: authority to include authority for the The amendment (No. 828) was agreed (Purpose: To state the sense of the Senate on funds to be used for making Impact Aid to. the reconsideration of the decision to ter- basic support payments to local edu- Mr. LEVIN. I move to reconsider the minate the border and seaport inspection cational agencies affected by the Brooks vote. duties of the National Guard as part of its Air Force Base Demonstration Project, in- Mr. WARNER. I move to lay that mo- drug interdiction and counter-drug mis- cluding amounts computed on the basis of sion) tion on the table. Federal property that is converted non- The motion to lay on the table was Federal property) At the end of subtitle D of title X, add the agreed to. following: On page 71, strike lines 12 through 21, and AMENDMENT NO. 829 insert the following: SEC. 1039. SENSE OF SENATE ON RECONSIDER- Mr. WARNER. Mr. President, on be- ATION OF DECISION TO TERMINATE (d) AVAILABILITY OF FUNDS FOR LOCAL EDU- BORDER SEAPORT INSPECTION DU- half of Senator VOINOVICH, I offer an CATIONAL AGENCIES AFFECTED BY THE BROOKS TIES OF NATIONAL GUARD UNDER amendment which ensures that per- AIR FORCE BASE DEMONSTRATION PROJECT.— NATIONAL GUARD DRUG INTERDIC- sonnel who attend the Air Force Insti- (1) Up to $500,000 of the funds made available TION AND COUNTER-DRUG MISSION. tute of Technology from the Army, under subsection (a) may (notwithstanding (a) FINDINGS.—The Senate makes the fol- Navy, and Marine Corps, have the costs the limitation in such subsection) also be lowing findings: used for making basic support payments for (1) The counter-drug inspection mission of of their education paid for similarly to fiscal year 2004 to a local educational agency the National Guard is highly important to the naval postgraduate school. that received a basic support payment for preventing the infiltration of illegal nar- It has been cleared on both sides. fiscal year 2003, but whose payment for fiscal cotics across United States borders. The PRESIDING OFFICER. The year 2004 would be reduced because of the (2) The expertise of members of the Na- clerk will report. conversion of Federal property to non-Fed- tional Guard in vehicle inspections at United

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6922 CONGRESSIONAL RECORD — SENATE May 22, 2003 States borders have made invaluable con- former Eaker Air Force Base. Again, I Mr. WARNER. I was unaware of this tributions to the identification and seizure thank my colleagues for any support matter, but want to assure the Senator of illegal narcotics being smuggled across that they might provide in helping the from Indiana and the Senator from United States borders. people of Blytheville, AR. Oklahoma that the Senate will give (3) The support provided by the National Mrs. LINCOLN. Mr. President, I want Guard to the Customs Service and the Bor- this provision a thorough review in der Patrol has greatly enhanced the capa- to associate myself with the remarks conference with the House. bility of the Customs Service and the Border made by Senator PRYOR. This is a mat- Mr. BAYH. I thank the distinguished Patrol to perform counter-terrorism surveil- ter that I discussed with Senator chairman and the Senator from Okla- lance and other border protection duties. INOUYE last year during the consider- homa for their interest in the matter (b) SENSE OF SENATE.—It is the sense of the ation of the Defense appropriations and look forward to working with them Senate that the Secretary of Defense should bill. For reasons unknown, environ- to resolve this issue. reconsider the decision of the Department of mental restoration of the former Eaker Mr. INHOFE. I thank the chairman Defense to terminate the border inspection Air Force Base has languished for over and seaport inspection duties of the National and the Senator from Indiana and look Guard as part of the drug interdiction and a decade. It is past time to address this forward to working with them on this counter-drug mission of the National Guard. issue. It is time to clean up this land issue as we proceed with the bill. and enable the people of Blytheville to Mr. LEVIN. No objection. THE BAN ON LOW-YIELD NUCLEAR WEAPONS find new tenants that can contribute to The PRESIDING OFFICER. If there Mr. BINGAMAN. Mr. President, we is no further debate, the amendment is the local economy. The people of Blytheville deserve have in the Senate repealed the ban on agreed to. low-yield nuclear weapons, specifically, The amendment (No. 831) was agreed Federal assistance to clean up the as- section 3136 of the National Defense to. bestos left behind by the Air Force. For Mr. WARNER. Mr. President, I move 50 years, residents of Blytheville proud- Authorization Act for fiscal year 1994, to reconsider the vote. ly support Eaker Air Force Base as Public Law 103–160. Mr. LEVIN. I move to lay that mo- home to a group of strategic air com- Mr. LEVIN. We have included, how- tion on the table. mand B–52 bombers and more than 3,000 ever, a requirement for the specific au- The motion to lay on the table was military personnel, before its closure thorization for low-yield warhead de- agreed to. in 1992. Before the closure, the military velopment beyond phase 2A or 6.2A. With this amendment, Congress and ENVIRONMENTAL RESTORATION OF THE FORMER accounted for 15.2 percent of personal EAKER AIR FORCE BASE earnings, the largest of any industry in this committee, will continue to play Mr. PRYOR. Mr. President, I would the county. an important oversight role on nuclear like to bring the Senate’s attention to Through industrial expansion at the weapons development. a matter important to Blytheville in Arkansas Aeroplex, I believe signifi- Mr. BINGAMAN. I have submitted an Mississippi County, AR. Blytheville is cant strides can be made to turn the amendment which has been accepted, the former home of Eaker Air Force economic situation in Blytheville that requires the Secretaries of the De- Base. In 1992, Eaker closed and ended a around. The Aeroplex is home to a 2- partments of Defense, Energy, and 50-year legacy between the U.S. Air mile runway. In fact, the runway could State, to provide Congress by March 1, Force and the people of Blytheville. serve as an alternate landing site for 2004, an assessment of the effects, if During Eaker’s 50 years, the Air Force the NASA space shuttle. The potential any, that such a repeal will have on the benefited from local support of Eaker— for new business is abundant, but the ability of the United States to achieve support that ensured an atmosphere opportunities are hampered because of its nonproliferation objectives, and where the Air Force could complete the asbestos-filled buildings. whether or not, changes in programs or I look forward to working with Sen- critical missions. activities would be required to achieve RYOR on this matter, and I hope Today, a decade following Eaker’s ator P these objectives. I have asked that this our colleagues from the Senate Armed closure, the folks at Blytheville are report be submitted in an unclassified Services Committee will assist us on trying to move forward and locate new form with a classified annex, if needed. this issue. businesses at the former base. Regret- Mr. LEVIN. I believe a careful, sys- Mr. LEVIN. I also would be glad to tematic study is needed by the execu- tably, abandoned, decaying buildings help the Senator get this issue ad- with asbestos siding and pipe insula- tive branch on the effects of such a re- dressed and will work with you in con- peal, and especially, how it affects na- tion were left behind after the Air tracting the Air Force. Force’s departure and this environ- tions such as Russia, where we are co- HOUSE PROVISION ON MEALS READY TO EAT operatively working to reduce the pro- mental hazard is preventing any poten- (MRE) liferation of weapons of mass destruc- tial economic development on these Mr. BAYH. As the chairman knows, I tion. lands. Our Federal Government regula- am a strong supporter of Buy American Mr. BINGAMAN. The Senator is cor- tions are clear concerning these types requirements, and am generally open of hazards and the required remedi- to strengthening current law, but the rect. There is concern on the signal ation thereof. It is my understanding House Armed Services authorization that this repeal could send to other na- that many of these buildings were bill contains a provision that could im- tions, especially those we are working scheduled for demolition by the Air pact our ability to produce MREs. This with to stem the proliferation of nu- Force prior to the base closure. It is provision specifically deals with the clear weapons. In particular, my intent further my understanding that there is packaging requirements for MREs pro- in submitting this amendment was the a potential for the asbestos to become cured by DOD. effect that the repeal would have on airborne as these building begin to col- Mr. WARNER. I have not seen the the Cooperative Threat Reduction Pro- lapse. provision but it sounds like it might be gram, which was started by Senators Mississippi County currently has the a concern. NUNN, LUGAR, and DOMENICI. I want to highest unemployment rate in the Mr. INHOFE. If the distinguished be assured that we do not send any bad- State. It was not the intent of the base Senator from Virginia would yield, Mr. faith signals to Russia, and other coun- closure process to leave a local commu- Chairman, I also have concerns about tries, that participate in the program. nity with environmentally hazardous this provision and the effects it would The United States spends over a billion waste, however, this is precisely what have on our ability to meet production dollars a year in this effort; the repeal has occurred. The county cannot relo- needs to get necessary meals to our of the low-yield ban must not nega- cate new business in the facilities until service men and women in the field. tively affect this investment of the the cleanup is complete. Mr. BAYH. Mr. President, it is my taxpayers’ money. I want to bring closure to this issue understanding the implementation of Mr. LEVIN. I share this concern. I and I hope that Chairman WARNER and the House provision could seriously im- will work with the Senate Armed Serv- Senator LEVIN will join me in looking pact the industry’s production capacity ices Committee, through our important into this matter. I plan on contacting and relegating MRE restocking to old, oversight role, to insure that the Coop- the Air Force to get a formal response slower technology producing less desir- erative Threat Reduction Program con- to the environmental issues at the able meal options. tinues to be carried out effectively by

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6923 the Departments of Defense and En- Mr. KENNEDY. Mr. President, I contract workers already earns less ergy, especially now that we have re- thank my colleagues for their com- than a living wage. pealed the ban on low-yield nuclear ments and add my own. The proposed revisions also apply dif- weapons. Last November, the Office of Man- ferent competition requirements to Mr. BINGAMAN. I appreciate the agement and Budget proposed the most Federal employees and contractors in committee’s help in this important sweeping changes to the rules on out- other ways that raise serious fairness matter. sourcing of Government work since the concerns. Contractors have an incen- Mr. CHAMBLISS. Mr. President, I last 1950s. Now, the administration tive to low-ball their proposal, since rise today to express my concern with wants to use the proposal to privatize there is relatively little likelihood of the administration’s approach to com- at least 225,000 Department of Defense real private sector competition. The petitive sourcing and the revisions to civilian jobs over the next several inspector general of the Department of Circular A–76 currently under consider- years. Defense has reported that over three- ation by the Office of Management and The proposed changes have received fifths of the contracts he and his staff Budget and the Office of Federal Pro- strong criticism from the General Ac- surveyed suffered from ‘‘inadequate curement Policy. Currently, ‘‘competi- counting Office, GAO, executive branch completion.’’ tive sourcing’’ as defined and inter- agencies, and Federal employee organi- Clearly, the proposed revisions will preted through Circular A–76 is biased zations. The CIA wrote that they will have significant implications for un- against work performed by Govern- be unable to meet their own statutory dermining competition and reducing ment employees. Some examples of requirements to protect their intel- opportunities for Federal employees to this are: 1, there are very limited pro- ligence sources and methods if they compete fairly for their own jobs. Today, there is far too little real visions for work, including work that fully implemented the revision. The competition for contacts to provide has been previously outsourced, being Department of Transportation raised goods and services of Federal agencies. competed and returned to the Govern- concern about the adverse impact of We should be getting the most out of ment, and, 2, any function that has the changes on women and minorities every taxpayer dollar. But, less than 1 ever been studied for outsourcing is re- employed by the Federal Government. percent of Department of Defense serv- quired to be restudied for outsourcing The proposed revisions could under- ice contracts are subject to full public- every 5 years. mine public-private competition. Under the plan, if an agency is unable private competition. With this in mind, I urge the admin- Government procurement should be to complete public-private competi- istration to incorporate provisions in based on what is best for taxpayers and tions in 1 year, it could automatically the revised A–76 to be released in the our national defense. We face great privatize the work. After an outcry coming months. The following items challenges to the Nation’s security in from agencies and the public, OMB in- must be included for our support: these difficult times. More than ever, dicated that it would consider changes, One, remove all barriers to moving we rely on the Department of Defense previously outsourced or ‘‘inherently but it is far from clear what the and its dedicated employees. As the governmental’’ work into Government changes will be. military budget grows rapidly, we must In addition, the proposal allows so- facilities and develop clear provisions see that taxpayers and our men and called ‘‘streamlined’’ competitions for for competing previously outsourced women in uniform obtain the benefits activities involving 65 or fewer employ- work. The spirit of A–76 should be to too. True competition is more critical ees and lasting no more than 90 days. have an even flow of workload between today than ever. public and private facilities and a level Under current rules, the Federal em- Mr. CHAMBLISS. I thank the Sen- playing field for public and private en- ployee or the contractor must be at ator from Oklahoma and the Senator tities upon which they can compete for least 10 percent or $10 million more ef- from Massachusetts for their com- work. ficient to win a bid. Under this ments. I agree that we should not Two, encourage public-private part- ‘‘streamlined’’ method, there would be make short-term decisions on these nerships and establish clear provisions no such requirement. Clearly, the po- issues, that more precise definitions of for allowing public-private partner- tential savings and efficiency created ‘‘inherently governmental’’ and ‘‘core’’ ships to compete for work competi- by competition would be threatened are required to guide competitive tively sourced under A–76. and would be contrary to the rec- sourcing decisions and public-private Three, more explicitly define ‘‘inher- ommendation of the Commercial Ac- partnerships, and that the ‘‘stream- ently governmental’’ so that it will be tivities Panel, the panel charged with lined’’ procedure OMB is advocating clear which activities are not subject reviewing outsourcing policies, for are a step in the wrong direction. I to A–76 studies. which all of the contractor and admin- look forward to working with my col- Four, eliminate the requirement once istration representatives voted. leagues and the administration to en- an A–76 competition has been awarded The proposal would also include an sure any revision to A–76 are done care- to the Government, for the work to be automatic bias in favor of contractors. fully and do not discriminate against reviewed again every 5 years and sub- It imposes a 12 percent overhead cost our Federal workforce. ject to recompetition. The option to re- on all Federal employee bids, and then BIOBASED PRODUCTS study should remain but the require- imposes a superfluous charge for indi- Mr. BOND. Mr. President, I would ment to restudy should be eliminated. rect labor costs, but it does not impose like to engage my colleague, Senator Mr. INHOFE. Mr. President, I strong- the same charges on contractor bids, WARNER, in a colloquy. ly agree with the Senator from Geor- even though both Federal employees As we know, Executive Order 13101 gia. I truly believe our depots are a na- and contractors would have similar provides guidance to the head of each tional asset and we should address the overhead costs. The DoD inspector gen- executive agency, including the Sec- basic question of ‘‘core’’ requirements. eral has said that the 12 percent over- retary of Defense, regarding the use Currently, there is no acceptable defi- head factor is ‘‘unsupportable.’’ and procurement of recycled and bio- nition of ‘‘inherently governmental’’ In addition, the proposal is likely to degradable products. In fact, the Order functions or ‘‘core’’ which can guide reduce the standard of living for tens of states each agency head ‘‘. . . shall in- the administration and the Depart- thousands of Americans. By artificially corporate waste prevention and recy- ment of Defense as they decide which inflating the costs of in-house per- cling in the agency’s daily operations functions should be competed for out- sonnel, contractors have incentives to and work to increase and expand mar- sourcing. As we have seen in both Iraq reduce costs by providing unfair com- kets for recovered materials through and Afghanistan, the United States pensation packages for those who per- greater Federal Government preference does not have the luxury of time in ad- form Government work. Good jobs with and demand for such products.’’ dressing the threats of tomorrow. Be- fair wages and opportunities for ad- I think that now is a great oppor- fore we start making short-term deci- vancement would be turned into lower tunity to once again encourage the De- sions, we need to look at the long-term wage jobs with no benefits and no secu- partment of Defense to procure prod- effects and requirements in support of rity. According to the Economic Policy ucts that both reduce waste and en- national defense. Institute, more than one in 10 Federal hance recycling. I am aware that

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6924 CONGRESSIONAL RECORD — SENATE May 22, 2003 biobased products have been developed We find ourselves in an increasingly The two most likely scenarios in using a new composite material con- contradictory position. On the one which United States military might sisting primarily of limestone and re- hand the Bush administration says use these new weapons, whether low- newable starch for the production of that it will pursue whatever measures yield nuclear weapons or larger bunk- food serviceware. Manufacturers of might be necessary to stop the spread er-busters, are in striking deeply bur- these products maintain that they of nuclear weapons around the world. ied, hardened targets and in defeating have proven to be strong, provide good Ye in our own affairs, the administra- chemical and biological agents on the insulation, and biodegrade in marine tion has broken dangerous new ground. battlefield. In both cases, there are and composting environments. I am Their Nuclear Posture Review urged conventional alternatives to the use of told that in recent years, biobased the development of new nuclear weap- nuclear weapons. Deeply buried and products have become more prevalent ons in order to target deeply buried, hardened facilities can be disabled by and more cost competitive. Moreover, I hardened targets or chemical and bio- using conventional munitions to seal believe that these products have been logical agents on the battlefield. Ear- their entrances. Other munitions such tested in the Pentagon cafeterias and lier this year, the president signed an as incendiary and thermobaric bombs are being considered for use in other order raising the prospect of American have proven effective in Afghanistan. A Defense facilities. first-use of nuclear weapons against a nuclear detonation, in contrast, would I support environmentally friendly non-nuclear state. These are dangerous eject a plume of radioactive debris that products such as biobased products. In and sobering developments. They un- would contaminate the surrounding re- my home State of Missouri, we have a derscore the perils of this new age. But gion, sickening civilians in the area manufacturing plant in the City of these policies do not make us safer. In- and endangering the well-being of Lebanon that produces equipment for deed, I would argue they risk making American military personnel. Crossing manufacturing biobased products. The us less secure. the nuclear threshold to accomplish plant has already produced eight ma- The greatest challenge to the secu- these missions would be overkill, it chines. By the end of the year, the rity of the United States is the threat would violate accepted norms of behav- plant will have produced 50 additional of terrorist armed with weapons of ior, and it would produce a damaging machines. Buy 2004, the plant will have mass destruction. There is little debate political backlash against the United built 100 additional machines. In addi- of this assertion. At a time when stop- States and our interests. tion, due to the high demand for There has emerged in recent years an ping the proliferation of weapons of biobased products, the plant is also American way of war. Different observ- mass destruction and securing those producing biobased food serviceware. ers have ascribed different characteris- that already exist is the principal secu- The plant takes up 50,000 square feet tics to it, but nearly all recognize that rity challenge of our time, it is incon- and requires 90 full-time and tem- among its features is a concern and re- ceivable to me that the Bush adminis- porary workers. I appreciate the jobs spect for non-combatants. The Sec- tration would seek the authority to de- and business created by this multi- retary of Defense has even noted the velop new weapons of our own. It is an- million-dollar endeavor, and I am additional risk taken by our aircrews proud that we have a Missouri-manu- other example of the administration to avoid civilian casualties in Afghani- factured product that reduces the im- acting unilaterally and damaging stan and Iraq. The use of nuclear weap- pacts of waste on our environment. America’s long-term interests in the ons, however, would imperil anyone Mr. WARNER. I appreciate the Sen- process. near a target with exposure to dan- The most effective means to thwart ator’s concerns and support his efforts gerous levels of radiation, introducing the nuclear ambitions of others is our in this area. a new horrific possibility to the euphe- own moral leadership backed by un- ∑ Mr. KERRY. Mr. President, military mism ‘‘collateral’’ damage. planning is about balancing risk and questioned military might. That moral Some have contended that a low- cost. Resources will always be limited. leadership is predicated on the way we yield nuclear weapon, detonated at And actions will always incur costs, conduct ourselves. In short, our efforts some depth, would provide shielding whether financial or political. In the to keep nuclear arms out of the hands from the dangerous fallout associated fiscal year 2004 Defense Authorization of others will lack international credi- wit nuclear detonation. According to Bill, the Bush administration sought to bility and support—and ultimately suc- Rob Nelson, a nuclear physicist at develop a new generation of nuclear cess—if we are determined to develop Princeton University, however, a nu- weapons that would risk blurring the new nuclear weapons of our own. With- clear bunker buster with a yield of one- distinction between conventional and out international support, our best ef- tenth of one kiloton—about two hun- nuclear arms. While the financial cost forts to prevent the spread of nuclear dred times smaller than the bomb of this decision would not be insignifi- weapons will be greeted with cynicism dropped on Hiroshima—would need to cant, the political costs internation- and, quite simply, fail. penetrate to a depth of 230 feet prior to ally—and the costs to America’s secu- Our unquestioned military might is detonation for the earth to absorb the rity—could be enormous. not predicated on the development of totality of the blast. To provide some Since the dawn of the nuclear age, new nuclear weapons or our ability to perspective, the Pentagon’s only cur- the United States has sought to limit target underground bunkers with nu- rent nuclear earth penetrating weapon the spread of nuclear weapons. We have clear bombs; rather it flows from our can reach a depth of only about 20 feet signed treaties, we have cajoled allies, investment in conventional arms, our in dry earth. At this depth, a 0.1 kil- we have threatened adversaries, and, in ability to project power around the oton weapon would eject hazardous de- the Nuclear Non-Proliferation Treaty, world, our demonstrated capability to bris and likely fail to damage a robust, we made it the stated goal of the strike any point on the planet with deeply buried, hardened structure. United States to pursue real nuclear precision, and the investment we make Finally, by pursuing new, ‘‘usable’’ disarmament. The President has stated in the men and women of our armed nuclear weapons designs, this adminis- that the spread of nuclear weapons, forces. tration underscores to every rogue re- when taken with the global danger In fact, the United States alone has gime in the world the value of nuclear posed by terrorism, represents the demonstrated the ability to achieve arms, whether that value is real or not. greatest threat to America’s security. near-strategic effects through the use This is the wrong message for the We have fought one war over weapons of conventional precision munitions. United States to send. In its place, we of mass destruction in Iraq. We are No other country can do that. No other must find new ways to demonstrate to locked in a perilous stalemate with country is even close. Given that fact, countries around the world that these North Korea over their nuclear weap- it is not clear why this administration weapons are affordable, unusable, and ons program. We remain concerned is willing to bear the international undesirable. about the pursuit of nuclear weapons costs of developing a weapon that will Now is the wrong time to consider in places like Iran. And we worry that raise new questions about America’s developing a new class of American nu- the Indian-Pakistan border might wit- intentions and hinder our leadership in clear arms. Instead of researching and ness the first exchange of nuclear the fight against proliferation without developing new weapons, we must re- arms. providing any new military utility. double our efforts to secure the nuclear

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6925 weapons already in the world’s inven- faced, we have not had a major terror Mr. LAUTENBERG. Mr. President, I tories and safeguard the stores of nu- attack in the homeland since beginning am going to support this national De- clear materials scattered in unsecured the Global War on Terrorism shortly fense authorization bill, S. 1050, but I facilities around the world. There is after 9/11. In this urgent threat warning would like to speak candidly about my simply no compelling need for a new atmosphere, knock on wood, Mr. Presi- reservations about it. generation of nuclear weapons. They dent. When I left the Senate in early 2001, will not add any meaningful value to Indeed, there have been recent at- weapon development and troop deploy- our arsenal. But they will undermine tacks in Saudi Arabia, Israel and North ment concerns indeed, even the idea of our efforts to stem the growth of nu- Africa. At the same time, however, the serious national security threats clear stockpiles around the world while State Department reports that, glob- seemed to be fading into the obscurity ally, 2002 saw the lowest number of in- making America less secure and the of our cold war past. Over the past 21⁄2 risks of war and catastrophic terrorism cidents of terrorism since 1969, a 44 per- years, this has changed. We now live in even greater. cent drop from 2001. That is the lowest a world of multiple and continuously number of attacks since the birth of The future is not about a return to emerging threats, emanating not only the city-busting bombs of the past, nor modern terrorism. I recall these facts because the na- from states but also from nonstate smaller yield nuclear weapons that transnational groups. might blur the distinction—in some ture of recent comments from certain Members who suggest virtually every What’s more, we live in a time when minds—between conventional and nu- act of terrorism is somehow the fault America’s superior armed services have clear arms. Rather, the future is about of our Commander in Chief. That is not been called up for missions that em- eliminating the threat posed to us all only inaccurate but counterproductive body the essence of defense trans- by such weapons. Our strength and our to the war against terrorism. formation. Defense transformation power at this moment in history is In closing, I would like to briefly means that our country can overthrow unrivaled. Now is the time for bold summarize the funding authorizations the Taliban regime in Afghanistan 6,000 leadership that makes the world safer achieved by the Subcommittee on miles away almost solely from the air. from nuclear dangers, not more eager Emerging Threats & Capabilities for It has allowed special operations forces for new weapons.∑ fiscal year 2004 include the following: to train antiterrorist units in places Mr. ROBERTS. Mr. President, I rise $88.4 million to field an additional 12 such as Georgia and the Philippines. in support of the National Defense Au- Weapons of Mass Destruction-Civil Finally, defense transformation has thorization Act for fiscal year 2004. I Support Teams (WMD–CST), resulting meant that military commanders can commend Chairman WARNER and Rank- in a total of 44 teams by the end of 2004. direct precision-guided weapons at spe- ing Member LEVIN for their skillful $76,6 million to the Chemical Biologi- cific office buildings in downtown stewardship. cal Installation/Force Protection Pro- Baghdad from a command room in I believe the committee completed gram, doubling the number of bases, Florida. its mark-up in near record time, with from 15 to 30, that will be fully Today we debate the merits of this one of the fastest subcommittee marks equipped with a highly effective suite national defense bill and the important in history occurring at the panel I cur- of manual and automated chemical and issues it raises regarding the future of rently chair, the Subcommittee on biological detection equipment. weapons control and military research, Emerging Threats and Capabilities. $147.0 million in innovative tech- technology, and development. Let us Nonetheless, Senator JACK REED and nologies to combat terrorism and de- first acknowledge and express grati- I were able to provide funding for a feat asymmetrical threats. tude to the men and women of our number of important programs. We fo- $135.0 million to rapidly accelerate armed services. We are proud of their cused not only on enhancing the capa- the development and acquisition of un- successful wartime mission to liberate bilities of our men and women in uni- manned systems such as UAVs. Iraq. We wish them continued success form, but also on those initiatives that $1.5 billion in university based re- in their peace time mission to secure address threats we face right now here search for transformational defense stability for the Iraqi people. at home. technologies. In fact, since Chairman WARNER es- $10.7 billion for the Defense Science As we support our troops in Iraq, Af- tablished the subcommittee in the and Technology program, including an ghanistan, and elsewhere, we must Winter of 1999, most of the ‘‘emerging additional $515.0 million for critical, keep in mind that their ultimate mis- threats’’ have become current realities. high-payoff science and technology sion is to defend not only America’s se- I am talking in particular about the programs, including approximately curity interests but also the cause of use and potential use by terrorists of $150.0 million for technologies to com- global security. I have spoken about a weapons of mass destruction (WMD). bat terrorism. new set of threats that require a trans- $6.7 billion for the Special Operations I am certainly thankful for the lead- formation of our defense budget and Command, including an additional ership of President Bush as we try to priorities. I believe, however, that it is $107.0 million for weapons systems, navigate through this environment, incumbent upon Congress to conceive psychological operations capabilities, one that includes apocalyptic terror of defense transformation—indeed our and enhanced intelligence. near-and short-term defense needs—in groups acquiring and employing WMD. $450.8 million for the Department of Let us remember, day to day, it is a way that will also seek to protect Defense’s Cooperative threat Reduction world peace. the President of the United states who (CTR) Program, as well as authoriza- I am concerned about elements of S. is responsible for preventing terrorism tion for CTR projects and activities 1050 that allow the Pentagon greater where we live and work. I am confident outside the states of the Former Soviet flexibility in developing, testing, and President Bush is doing all he can to Union, and one year authority to waive protect us. the conditions that must be met before producing new types of nuclear weap- He may not be popular in European continuing the Russian chemical de- ons. The diplomatic and security costs cafes, universities, or newspapers, but militarization program at Schuch’ye. of even beginning research on these he gets results for us here at home. Again, I commend Senators WARNER new types of nuclear weapons far out- Foreign actors, be they governments, and LEVIN. I also thank Senator REED weigh any marginal benefits of such individuals, or groups, know our Presi- for being an outstanding partner in weapons. dent will hold them accountable for completing the tasks given to our These new nuclear weapon initiatives terrorism against us. Perhaps more panel this year. We believe we are con- will further weaken the already strug- than any policy action or innovation, tinuing the committee’s investment in gling international efforts to halt the this posture contributes to success in science and technology, cutting-edge spread of nuclear weapons. U.S. influ- achieving a secure environment in systems, and efforts to prevent the pro- ence with the international community which we find ourselves right now. liferation of WMD. will erode if it seeks to upgrade U.S. Up against the most asymmetric, or- I thank the Chair and I urge my col- nuclear weapons while demanding that ganized, determined, and merciless leagues to support the Fiscal Year 2004 other countries, such as Iran and North enemy the United States has ever National Defense Authorization Act. Korea, disarm.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6926 CONGRESSIONAL RECORD — SENATE May 22, 2003 Dr. Mohamed El Baradei, Director of tracts it awards in a public and sys- women in uniform, and that it includes the International Atomic Energy Agen- tematic fashion. a provision authorizing additional pay cy, recently said that instead of devel- I believe that this Defense authoriza- for members of the Guard and Reserve oping new nuclear weapons, the U.S. tion bill has merits and provides com- who have been called to active duty should send a message to potential prehensive funding for the Department multiple times. proliferators that, ‘‘Even though we of Defense’s needs. It will effectively The men and women of our National have nuclear weapons, we are moving meet the needs of our men and women Guard and Reserve are a cornerstone of to get rid of them. We are going to de- in the armed services. I am, frankly, our national defense, and we should en- velop a system of security that does very concerned about its authorization sure that they have adequate pay and not depend on nuclear weapons because of low-yield nuclear weapons research, benefits. I am pleased that the Senate that’s the way we want the world to ballistic missile development, and its adopted an amendment to give guards- move.’’ reduction of the constraints on nuclear men and reservists the opportunity to I agree with Dr. Baradei; I believe the weapons testing. enroll in TRICARE, the military’s best way to deter nations trying to de- Ms. LANDRIEU. Mr. President, on health care program, whether or not velop nuclear capabilities is to send June 6, 2000, the National D-Day they are on active duty. The provision the signal that the prospect of nuclear opened in New Orleans, LA. This mu- also would enable these personnel to warfare is an idea confined to science seum was the culmination of a vision elect to keep their civilian health in- fiction movies. of the late Stephen Ambrose. Dr. Am- surance for their families while on ac- I have supported the amendments of- brose dedicated his life to chronicling tive duty with a federal reimbursement fered by Senators REED, FEINSTEIN, and American heroes, including Dwight D. program. We owe it to our guardsmen others intended to modify rather than Eisenhower. It was President Eisen- and reservists to give these options to repeal the 1994 Spratt-Furse prohibi- hower who mentioned to Dr. Ambrose help to ensure that they and their fam- tion on research and development of that World War II was won in New Or- ilies have access to affordable, stable low-yield nuclear weapons. Secretary leans because of the Higgins landing health care coverage. I have long advocated for the cre- Rumsfeld has argued that these mini- craft, designed by Andrew Jackson Hig- ation of an additional 23 Weapons of nukes could be the ideal weapon for gins, which enabled Allied Forces to Mass Destruction Civil Support Teams, going after deeply buried stashes of launch successful amphibious inva- which are staffed by full-time members chemical and biological weapons—the sions. of the National Guard. These impor- sort roguish regimes and terrorist The National D-Day Museum has tant teams play a vital role in assist- groups like al-Qaida might attempt to been an unquestioned success as a tour- ing local first responders in inves- conceal. ist attraction, meeting place for vet- tigating and combating these new But at the same time, the Pentagon erans, and teaching tool for men and threats. As the events of September 11, is considering adapting existing con- women, young and old, wishing to 2001, so clearly and tragically dem- ventional warheads for such bunker learn more about World War II. Al- onstrated, local first responders are on busting jobs. We don’t need both types ready, over 1 million people have come the front lines of combating terrorism of weapons to do the same job. By dan- through the museum’s turn-styles. and responding to other large-scale in- gerously treating nuclear weapons as America has a need to preserve its cidents. The tragic events of Sep- just another explosive in the arsenal, historical accounts and mementos from tember 11, the ongoing threat of ter- rather than as a deterrent weapon of World War II. The National D-Day Mu- rorist activities, and the ongoing mili- last resort, researching low-yield nukes seum is committed to such preserva- tary action in Iraq make the presence threatens to blur the line between con- tion. As a result of its mission, the mu- of at least one WMD-CST in each State ventional and non conventional weap- seum has already had to expand and is all the more imperative. ons. Given our interest in preserving building a 250,000 square-foot addition. Currently, there are 32 full-time the seriousness with which the world We must preserve the stories and arti- WMD-CSTs and 23 part-time teams. As regards the nonproliferation treaty, we facts of the ‘‘Greatest Generation.’’ a Senator representing one of the should not be doing anything in our Accordingly, I submitted an amend- states without a full-time team, I was own arsenals that would confuse this ment to designate the National D-Day pleased that last year’s DoD authoriza- distinction. Museum as ‘‘America’s National World tion bill included a statutory require- I would also like to call attention to War II Museum.’’ We owe it to the ment that 23 additional full-time my amendment, S. 722, that will help Great Generation to maintain a mu- teams be established, and that at least protect many endangered species. I am seum that pays tribute to their great one team be located in every State and pleased that this amendment passed. sacrifices so that we may live today in territory. I want to thank the chair- I would also like to call attention to freedom. man and the ranking member of the an amendment that I have sponsored Mr. FEINGOLD. Mr. President, I rise Armed Services Committee for work- along with Senator BOXER and Senator to add my thoughts to the debate on ing with me to ensure that resources WARNER regarding a noncompetitive the defense budget for fiscal year 2004. for 12 of these 23 teams are provided in contract granted by the Department of First and foremost, I want to thank this bill. I look forward to working Defense to Halliburton Co. for the re- the members of the United States with the chairman and ranking mem- construction of Iraq. This amendment Armed Forces for the excellent work ber of the Appropriations Committee will ensure that this no-bid contract that they are doing in the ongoing to ensure that the resources authorized gives way to a competitively bid con- fight against terrorism, their efforts in in this bill for the new WMD-CSTs are tract expeditiously. I am pleased by Iraq, and the many missions they have appropriated. the bipartisan cooperation and Senator been assigned elsewhere at home and I am also pleased that the committee WARNER’s leadership in the passage of abroad. These dedicated men and report contains language asking the this amendment. women do an exemplary job in every Pentagon to include funding for the re- In recent weeks, I have become con- mission that they have been asked to maining 11 full-time WMD-CSTs in its cerned with the lack of transparency undertake, often at great personal sac- fiscal year 2005 budget request. I urge regarding this particular contract— rifice. They spend time away from the Secretary of Defense to do so, and worth up to $7 billion—awarded in a their homes and families in different to make every effort to select and no-bid process to Halliburton and Co.’s parts of the country and the world, and begin staffing, training, and equipping subsidiary. The scope of the contract— are placed into harm’s way in order to the 12 new teams authorized by this both the actual task order and the dol- protect the American people and our bill as expeditiously as possible. These lar amount—were not fully disclosed way of life. We owe a huge debt of grat- teams will improve the overall capa- by the administration, and information itude to all our soldiers, sailors, air- bility of Wisconsin and other States leaked out about it piecemeal, when men, marines, and members of the with part-time teams to respond to po- the Army was pressed for it. It is ex- Coast Guard for their selfless service. tential WMD threats in the future. tremely important that the Pentagon I am pleased that this bill authorizes On a related matter, as I noted on divulge information about the con- a 3.7-percent pay raise for our men and the floor earlier this week, I share the

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6927 concern expressed by many of our col- system and an operational test plan for post-high school education. If they are leagues about a provision in the Com- these criteria. I am pleased that the activated while enrolled in higher-edu- mittee-passed bill that would repeal Senate adopted a modified version of cation, there are no safeguards to en- the 10-year ban on research and devel- the amendment, and I look forward to sure that their academic status is pre- opment of low-yield nuclear weapons, reviewing these performance criteria. served during activation; that they re- or so-called ‘‘mini-nukes.’’ Lifting this I will support this flawed bill, but ceive refunds or credits for the portion ban could be the first step in a resump- with some reluctance. While it pro- of the school year they paid for but tion of nuclear testing and the creation vides a well-deserved pay increase and could not complete to mobilization; of new classes of nuclear weapons, other benefits for our men and women that college grants and scholarships which I oppose. I regret that the Sen- in uniform, it clings to the hardware of are preserved; or that they have a right ate failed to pass an amendment of- the cold war. Our military personnel to re-enroll in the educational institu- fered by Senators FEINSTEIN and KEN- deserve top-notch equipment that will tion upon their return from active NEDY, of which I was a cosponsor, that help them to combat the threats of the duty. would have reinstated this ban. While 21st century. I regret that there is lit- I submitted an amendment whereby proponents of lifting the ban argue tle in the way of true transformation involuntarily called up student Reserv- that it will permit only study into the in this bill, and I will continue to work ists and Guardsmen would be able to development of mini-nukes, I am con- to change the cold war mentality of take a leave of absence during the acti- cerned that such study will be the first the Pentagon. vation and for 1 year after the conclu- step toward the eventual resumption of I ask unanimous consent that the sion of such military duty from their an active nuclear program by the complete text of the New York Times institutions of higher education. Fur- thermore, the student shall be entitled United States. editorial be printed in the RECORD. Nuclear weapons, low-yield or other- There being no objection, the mate- to be restored to the same educational wise, are relics of the cold war. Instead rial was ordered to be printed in the status, without loss of credit, and of- fered a right to re-enroll at the same of a true transformation during which RECORD, as follows: outdated systems are replaced with educational institution where the stu- [From the New York Times, May 20, 2003] dent was enrolled prior to activation. new technology geared toward com- THE DEFENSE BUDGET SPILLS FORTH bating emerging threats, this bill re- Grants and scholarships shall be rein- Mammoth defense spending bills bloated grettably continues the process of pil- stated. Moreover, students shall be en- with both new military technology and obso- titled to a refund of tuition and fees for ing on expensive new versions of the lescent weaponry are being rushed to break- weapon systems that we used to fight classes they could not complete due to neck approval this week as the administra- activation or be allowed to enroll in and win the cold war. We cannot keep tion exploits Congress’s weakness for leaving adding on to this behemoth defense no defense contractor unrewarded. The cost- such classes subsequent to their re-en- budget. There are projects and pro- liest defense budget since the cold war— rollment at no cost. Soon, thousands of Guardsmen and grams that can and should be sub- more than $400 billion and counting—is being Reservists will be coming home from tracted. gaveled through by the Republican leader- ship in a breathtaking few days of glancing Iraq and Afghanistan. They will be As an editorial in the May 20 New debate. Good ideas for reforming the mili- eager to re-enroll in colleges, univer- York Times points out: tary are included. But so are outdated sub- sities, and trade schools. Let’s help [G]ood ideas for reforming the military are marines and jet fighters designed for combat these heroes get back to the classroom included [in this bill]. But so are outdated against the defunct Soviet threat. submarines and jet fighters designed for as effortlessly as possible. There is a reasonable $1.7 billion for the Mr. BOXER. Mr. President, I support combat against the defunct Soviet threat. next generation of unmanned aerial drones There is a reasonable $1.7 billion for the next and an unreasonable $42 billion for anachro- passage of the fiscal year 2004 Defense generation of unmanned aerial drones and an nistic fighter planes. As social, education Authorization bill. unreasonable $42 billion for anachronistic and health care programs are being squeezed, Our military men and women can fighter planes. As social, education and the Pentagon is asking for $9 billion to build rest assured that the Congress of the health care programs are being squeezed, the a missile defense system that does not work United States stands behind them—es- Pentagon is asking for $9.1 billion to build a yet. pecially when they are doing so much missile defense system that does not work The waste easily runs into the tens of bil- for this country in Iraq, Afghanistan, yet. lions of dollars, making Congress’s haste this and throughout world. I appreciate On that last point, I am deeply con- week all the more outrageous. The armed their dedication and service to this cerned about the $9.1 billion included forces obviously deserve decent pay, better grateful nation. housing and the most effective new tech- in this bill for missile defense. We con- That is why it is important to sup- tinue to pour billions and billions of nologies and weapons. But these bills provide windfalls for the military, for defense con- port the many good provisions that are taxpayer dollars into this still tractors and, not incidentally, for lawmakers in this bill—especially a well-earned unproven program year after year, de- who need the hometown pork and fat-cat pay raise and improved benefits for our spite the fact that DoD has not devel- contributions being subsidized by the new uniformed men and women. I applaud oped performance criteria for this sys- double-dip military-industrial complex. For the work of Senator WARNER and Sen- tem and does not have an operational all his tough talk, Defense Secretary Donald ator LEVIN on these quality of life testing program in place to verify Rumsfeld is not taking on the generals and issues and am especially pleased that whether such criteria can be met. Congress to challenge the voracious old ways they supported my amendment to of military budgeting. I remain concerned about the Presi- study how we can provide additional dent’s December 2002 decision to field a Ms. LANDRIEU. Mr. President, over benefits to those who are so frequently ground-based interceptor system by 220,000 Guardsmen and Reservists were deployed that they are only home for October 2004, despite the fact that the mobilized as part of Operation Endur- hours at a time. This bill also includes system has not yet been fully tested. I ing Freedom. Additionally, over 100,000 a provision to address the issue of chil- am troubled that, despite this acceler- were activated as part of Operations dren who are left behind when both ated scheduled, the Pentagon has pro- Noble Eagle and Enduring Freedom. military parents are deployed to a posed cutting the number of tests that While the Soldiers and Sailors Civil combat zone—an important priority of were slated to be conducted on this Relief Act and the Uniformed mine since I was a member of the costly program. While not everyone Servicemembers Employment and Re- House of Representatives. agrees on whether we actually need a employment Rights Act, provide a I am also pleased that the Congress missile defense system, I think we can number of protections of our Guard and passed my amendment to provide fair- all agree that such a system should Reserve personnel, there are no Federal ness to taxpayers and businesses by work. protections for the educational status making sure that the Department of I was pleased to support an amend- of Guardsmen and Reservists involun- Defense replaces its sole source con- ment offered by the Senator from tarily activated while participating in tract with Halliburton to provide oil Rhode Island, Mr. REED, that will re- higher education. related services in Iraq with a contract quire the Pentagon to develop perform- Currently, over 30 percent of Guard that is subject to full and open com- ance criteria for the missile defense and Reserve personnel are enrolled in petition.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6928 CONGRESSIONAL RECORD — SENATE May 22, 2003 However, this does not mean I sup- and readiness, but are gravely dimin- as the National Environmental Policy port everything in this bill. Most ishing the actual training exercises and Act, also would continue to apply. alarmingly are the provisions in the live-fire simulations that are so crit- Thus it is simply unconscionable legislation that advance the research ical to prepare for real-life combat. that this is characterized as a ‘‘sweep- and development of new high-tech nu- Despite the claims made by environ- ing exemption.’’ My Democratic col- clear weapons. These weapons will not mental groups, the Pentagon has dem- leagues also contend that such a clari- make us more secure, but instead en- onstrated a strong commitment to en- fication isn’t necessary because ESA courage other nations to join us in a vironmental stewardship. The evidence already contains national security ex- new nuclear arms race. I urge the is overwhelming. But land development emptions. Ironically, while com- President to reverse his dangerous pol- is fast encroaching upon military fa- plaining about a proposed provision icy of advocating the development of cilities, driving wildlife and endan- that, in effect, continues to subject new ‘‘usable’’ nuclear weapons. gered species into the relative sanc- DoD to ESA, my colleagues want to I am also disappointed that we did tuary of training ranges. pursue exemptions under current law. not have the opportunity to address The military has made environ- In practice, those exemptions mean the issue of a future round of base clo- mental accommodations time and time DoD could ignore existing statutory re- sures. California was disproportionally again, but there is only so much it can quirements altogether under ESA. impacted by previous rounds of the do. The flood of environmental law- Yesterday, 51 Senators voted for an base closure process. Even years later, suits is diverting the military away amendment sponsored by Senators my state continues to wait for the De- from its all-important training mis- LAUTENBERG and JEFFORDS that effec- partment of Defense to meet its re- sion. As a result, training slowly but tively guts the ESA provision in the sponsibility and provide funding for the surely is dying a death of a thousand fiscal year 2004 Defense reauthorization environmental cleanup of former mili- cuts. bill. The amendment upsets the bal- tary installations. For these reasons, I There are too many egregious exam- ance stuck between species protection believe the next round of base closures ples to recount here. The situation fac- and training. It tilts irresponsibly in should not go forward in 2005 as sched- ing Camp Pendleton in California bears favor of species protection, which is uled. special mention. Camp Pendleton is not the mission of DoD. It is my hope that these unfortunate considered the premier training base The amendment says DoD must shortcomings in the bill can be ad- for the Marines. Because of a lawsuit ‘‘conserve the species,’’ rather than, as dressed either in a conference com- filed by the Natural Resources Defense stated in the bills original language, mittee with the House or during con- Council to list the gnatcatcher as en- provide ‘‘conservation benefits.’’ The sideration of the fiscal year 2004 de- dangered, 57 percent of the base may distinction is significant because ‘‘con- fense appropriations bill. become ‘‘critical habitat,’’ which in ef- serve’ means DoD must recover species. Mr. INHOFE. Mr. President, as the fect means no training and readiness This is an unacceptably high threshold, war in Iraq demonstrated, our troops exercises in that area. one that even Fish and Wildlife has are the finest in the world. Through Also, there are 17 miles of beach at been unable to meet under ESA. their mastery of precision-guided Camp Pendleton—because of environ- According to original 1973 ESA, con- weapons, they minimized casualties of mental restrictions, only 200 yards of serve means ‘‘to use and use all meth- noncombatants and effectively con- beach are available to practice amphib- ods and procedures which are necessary tained war’s inevitable destruction. In ious landings. All military vehicles to bring any endangered species or just 21 days, they liberated Iraq, a that come ashore during an amphibious threatened species to the point at country almost the size of California, landing are restricted to designated which the measures provided pursuant from a brutal tyranny. roads. Troops can only come ashore in to this act are no longer necessary. Many factors contributed to the suc- single file columns, which is hardly a Such methods and procedures include cess of the Iraq war. In my view, the good simulation of actual warfighting but are not limited to all activities as- most important—and this, I believe, is conditions. sociated with scientific resources and true of any war—was training. To be To address these problems, the Pen- management, such as research, law en- strong in battle, soldiers must train as tagon has a reasonable, commonsense forcement, habitat acquisition and they fight. On U.S. training ranges, our proposal to clarify existing environ- maintenance promulgation, live trap- troops engage in highly realistic, com- mental laws. Contrary to statements ping, and transplanting.’’ As is obvi- bat ready exercises, preparing them to by some of my colleagues, the Pen- ous, the burdens on DoD training and fight and protect themselves in battle. tagon is not seeking blanket exemp- readiness would be enormous. This is what they deserve. tions from current laws. To say other- DoD opposes the amendment because But gradually, those readiness exer- wise is simply false. it could have perverse and unintended cises—so critical to the military’s Take, for example, the provision consequences, such as removing the training mission—are steadily being clarifying how the Endangered Species Fish and Wildlife Service’s flexibility constrained and inhibited. Slowly, but Act applies to training bases. DoD to make decisions based on the dif- surely, training simulations bear little wants to continue a policy first imple- fering circumstances facing each train- connection with the true-to-life. The mented by the Clinton administra- ing range. Also, DoD and the Depart- cause is straightforward but very dis- tion’s Fish and Wildlife Service. The ment of the Interior believe it will lead turbing: the extreme agenda of some proposal would codify Integrated Nat- to more lawsuits, not less—exactly environmental groups, whose hostile ural Resource Management Plans, what DoD is trying to prevent. lawsuits are precipitating a crisis in INRMPSs, in place of critical habitat The question remains: What should training . designations. DoD’s most important focus be, train- Environmental groups such as the INRMPs, which are required to pro- ing or recovering the gnatcatcher? Natural Resources Defense Council and vide for, among other things, fish and I am also very disturbed by state- the Center for Biological Diversity wildlife management, land manage- ments an characterizations of DoD’s have launched an unconscionable war ment, forest management, fish and training predicament. Some Senators on the military. They believe there are wildlife-oriented recreation, and wet- alluded to the March 13 testimony of no compromises, even when the issue land protection, allow the military to EPA Administrator Christie Whitman involves protecting and preparing our balance species protection and training before my committee. Governor Whit- troops for battle. They would rather needs. man, said, ‘‘I don’t believe that there is file lawsuits—something they are quite DoD’s proposal explicitly requires a training mission anywhere in the good at, incidentally—than find com- DoD to consult with the Fish and Wild- country that is being held up or not monsense solutions to balance environ- life Service and the National Marine taking place because of the environ- mental protection with the best mili- Fisheries Service under section 7 of mental protection regulations.’’ With tary training available. ESA. Also, the Interior Secretary must all due respect to Governor Whitman, These lawsuits are gradually eroding approve INRMPs in writing. Other pro- the EPA does not have jurisdiction not just the land available for training visions of ESA, as well as statutes such over the Endangered Species Act,

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6929 which, of all the existing laws ad- Defense Department is concerned, not armed services the tools they need to dressed in the Pentagon’s proposal, is only about the circumstances that you protect our Nation. responsible for the most serious train- personally observed, in terms of limita- First and foremost, I am encouraged ing restrictions. tions and impediments to training, but that the committee has supported the Moreover, I am extremely troubled the train wreck that is coming. It is President’s shipbuilding budget that by the way some Senators have sum- not something that is coming up by ac- will provide the Navy with an addi- marized a General Accounting report cident. It is coming about, I believe, by tional seven ships. As the former Chair on military encroachment. To say ‘‘the people, at least some of whom, have of the Seapower Subcommittee, I have GAO found the military has presented very little interest in the readiness of been concerned for many years about no evidence that the Endangered Spe- our military.’’ the downward trend in naval ship- cies Act has impaired training’’ is ut- My amendment will try to stop this building that was moving us inexorably terly false and irresponsible. by clarifying how RCRA and CERCLA towards a 250-ship Navy or less. The ad- Here is what the GAO said about en- apply to live-fire training ranges. I ministration proposed in its budget to croachment in its report: worked closely with the Pentagon and procure seven new Navy ships in fiscal Over time, the impact of encroachment on State officials—in particular, Doug year 2004 and a total of 52 new Navy training ranges has gradually increased. Benevento of Colorado’s Department of ships through fiscal year 2009. While While the effect varies by service and indi- Public Health and Environment—in this results in an average build rate of vidual installation, in general encroachment drafting compromise language that 8.6 ships, almost at the 8.9 ships per has limited the extent to which training will balance training needs with envi- year necessary to maintain a 310-ship ranges are available or the types of training that can be conducted. This limits units’ ronmental protection. fleet, this average is skewed by the 14 ability to train as they would expect to fight This amendment would codify and ships the Navy says it intends to build and/or requires units to work around the confirm longstanding regulatory policy in fiscal year 2009. Fourteen ships is problem. of EPA and every State concerning reg- twice the number of ships we have in Barry Holman, director of the GAO’s ulation of munitions on operational the bill for fiscal year 2004. Defense Capabilities and Management ranges under RCRA and CERCLA. The Indeed, if we just look at the pro- section, and author of the June 2002 en- amendment excludes military muni- posed shipbuilding plan for the next 5 croachment report, stated in his testi- tions from the definition of ‘‘solid years, from fiscal year 2004 to fiscal mony before the House Government waste’’ under CERCLA. That way, the year 2008, there are only 38 ships in the Reform Committee on May 16, 2002: military can perform live fire training plan, an average of 7.6 ships per year. One thing I want to make clear, I would exercises without having to break up This is an improvement but still re- not want anyone to conclude from looking at those exercises with extensive, time- sults in the inability to maintain a 310- that report that GAO is saying ‘no data, no consuming clean-up operations. ship Navy, much less the 360- to 375- problem.’ We’re not saying that. I think it’s But this change would still offer en- ship Navy the current Chief of Naval very clear . . . that there are limitations on vironmental protections under existing Operations has said is required to sup- training. law. Again, as stated previously, this is port his Sea Power 21 vision. In addition to the ESA clarification not an exemption. Cleanup of oper- We can’t afford to risk this essential in the base bill, I filed an amendment ational ranges is not required so long component of our worldwide defense to clarify how the Superfund law ap- as material stays on range, but if such force. After all, 80 percent of the plan- plies to military training and readi- material moves off range, it still must et’s population lives along the coastal ness. Though it appears this issue will be addressed under existing law. Also, plains of the world, and it is the Navy not be addressed as part of the Defense if munitions cause an ‘‘imminent and that has the capability to project authorization bill this year, it does de- substantial endangerment on range, power in regional coastal flashpoints serve some explanation. EPA will still retain its authority to around the globe—a capability that is Live-fire training, which is the ‘‘cap- address it on range under CERCLA. imperative if we are to maintain mili- stone event of a unit’s training cycle,’’ If we fail to address these and other tary superiority and defend America’s has come under heavy fire from envi- issues the Pentagon has put before us, national interests in the 21st century. ronmental groups. The Army at Fort we are doing a great disservice to our It is the Navy we increasingly rely on Richardson is engaged in a lawsuit that men and women in uniform. Unfortu- to engage the enemy away from our could shut down firing munitions at nately, it appears that Congress will shores. As we saw during Operation Eagle River Flats range. If environ- pass only a few pieces of the Penta- Iraqi Freedom, the Navy provides our mentalists succeed, live fire operations gon’s proposal this year. I think it is only means of assured access. Today we at every Army range—more than 400 imperative, for the sake of our troops, are engaged in Southwest Asia and sites—could be severely constrained, that we address the remaining pieces other littoral areas of the world away seriously threatening training and next year. from our cold war bases in Europe, readiness for our men and women in Ms. SNOWE. Mr. President, I rise to Japan, and Korea. Our inability to land uniform. speak on the Senate version of the fis- troops in Turkey during Operation This suit is not an isolated incident— cal year 2004 national Defense author- Iraqi Freedom and our withdrawal there is another one much like it re- ization bill. from bases in Saudi Arabia only high- garding the range at Vieques in Puerto First, I would like to thank the light the need for a flexible, mobile Rico. The pattern is clear, and the chairman and the ranking member of sea-based defense. Committee on Environment and Public the Senate Armed Services Committee The strength of those surface action Works received testimony as to the for their work on this vital legislation. groups and carrier battle groups are real agenda behind this pattern of law- As a former member of the committee, our major surface combatants. They suits. I am acutely aware of the intense ef- provide air defense, launch Tomahawk Describing yet another lawsuit by an fort required to bring the National De- missiles to strike the enemy, interdict eco-radical group against the Depart- fense Authorization Act to the floor opposing naval forces—they truly are ment of Defense, witness Frank Gaffey, every year. For the chairman and the backbone of the fleet. We must do president and CEO of the Center for Se- ranking member to be able to bring everything we can to ensure that we curity Policy, stated illuminatingly ‘‘a this bill to the floor with a unanimous maintain a strong and healthy ship- plaintiff in the lawsuit was Melanie vote out of committee is a testament building base particularly with respect Dutchen who was described in the New to their leadership. I would also like to to major surface combatants, for it is York Times as an Anchorage activist thank each of my colleagues who are only through healthy competition that with Greenpeace who said, ‘Obviously members of the committee for their in- fresh ideas and reduced costs can be the hope of this litigation is that delay valuable contributions to this bill. achieved. will lead to cancellation.’ She went on I will take a few moments and dis- To maintain a 116-ship surface com- to say, ‘That is what we always hope cuss some of the provisions of the bill batant force, given the projected serv- for in these suits.’ I believe this is sort that I believe are important to pro- ice life of 35 years for DDG–51 Class of an instructive insight into why the viding the men and women of our ships, requires a sustained replacement

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6930 CONGRESSIONAL RECORD — SENATE May 22, 2003 rate of over three ships per year. If you Operation Enduring Freedom. At home, passage, we do everything we can to assume a 30-year service life, which is DoD will be able to deploy an addi- strengthen the bill for those brave more realistic historically, sustaining tional 12 Weapons of Mass Destruction young men and women who defend our even the 116-ship surface combatant Civil Support Teams with the funds Nation each and every day. We must do force would require annual procure- provided in this bill. In addition, it also no less. ment of almost 4 DDGs each year. provides $173 million for chemical and Ms. COLLINS. Mr. President, I rise I believe it is in the vital national in- biological detection and protection today to discuss an amendment to the terest of America to procure a min- technologies such as those being devel- Defense Authorization bill which Sen- imum of three major surface combat- oped in my home State of Maine. ator VOINOVICH and I have submitted. ants a year, not just this year or next, The University of Maine system has Our amendment would, among other but in every year. I am encouraged been on the forefront of the develop- things, provide for the creation of a that this bill supports that level of pro- ment of chemical and biological sen- National Security Personnel System curement. sors and decontamination systems. The encompassing the Defense Depart- We must also look to the future and bill provides them with $1 million this ment’s 735,000 civilian employees. work to increase the warfighting capa- year to begin the development of an en- In April, the Department delivered to bility and operating efficiency of these vironmentally friendly photocatalytic Congress a proposal to grant the Sec- Aegis destroyers as they age. We must decontamination agent that holds retary of Defense authority to dramati- embark on a modernization program much promise for the safe and rapid de- cally restructure the Department’s ci- now to incorporate new technologies contamination of exposed personnel as vilian personnel system. The proposal and systems that will allow us to oper- well as for the remediation of chemical was designed to provide the Depart- ate these vessels more effectively with agent and manufacturing and storage ment with the flexibility and agility it reduced manpower. This bill begins facilities. that process by authorizing $20 million It is this type of investment in new needs so it can respond to sudden for the design, nonrecurring engineer- science and technology efforts that will changes in our security environment. ing and installation planning of DDG– provide our forces with the advanced To accomplish this objective, the De- 51 modernization and optimized man- capabilities we saw used so effectively partment’s proposal would give Sec- ning upgrades for incorporation on fis- over the past 2 months. I am encour- retary Rumsfeld not only the personnel cal year 2004 and/or fiscal year 2005 new aged that this bill provides $10.7 billion flexibilities Congress granted to the construction ships. for the science and technology ac- Secretary of Homeland Security, but The bill also supports the President’s counts which brings us close to the also additional authority to unilater- request for $158 million for the Littoral goal of setting aside 3 percent of the ally waive many personnel regulations. Combat Ship in the R&D accounts. defense budget to invest in the ‘‘seed Of primary importance to the De- However, just as the committee is, I corn’’ of our future military capability. partment of Defense were the following am concerned about counting on an un- From that investment we see the ex- three personnel flexibilities: First, the developed ship concept to provide the pansion in our research, development authority to replace the current Gen- 375-ship force structure called for by and test and evaluation efforts as evi- eral Schedule, 12-grade pay system the Chief of Naval Operations and its denced by the commitment of $63.2 bil- with a performance-based pay system concomitant impact on the major sur- lion toward those activities, including in which workers would no longer be face combatant force. I support the over a billion in DD(X) destroyer R&D. awarded an automatic, across-the- bill’s call for a determination, through The bill also addresses the need to board pay increase; second, the author- a cycle of analysis and experimen- modernize our military infrastructure ity to conduct on-the-spot hiring for tation, of the ship’s ability to deliver by authorizing over $9.0 billion in mili- hard-to-fill positions; and third, the au- the expected capabilities. tary construction, an increase of $373 thority to raise collective bargaining Furthermore, the bill correctly iden- million over the budget request includ- to the national level rather than nego- tified the looming gap in attack sub- ing the addition of $200 million for tiating with more than 1,000 local marines by noting that decommis- quality-of-life projects for members units. sioning the USS Jacksonville, rather and their families. This bill wisely in- Our proposal would grant the Sec- than refueling her, would put the Navy creases investments in stateside facili- retary these authorities. It would pro- below the QDR recommended attack ties while reducing investments over- vide the Secretary of Defense with the submarine force of 55 submarines. In seas while the United States assesses three pillars of his personnel proposal fact, the Navy also recognized this gap its long-term overseas basing require- and thus would allow for a needed over- and placed the refueling of the USS ments. haul of an antiquated system. But we Jacksonville on the Navy’s Unfunded Finally, and most importantly, the do not give the Secretary all he asked Program List to support near term bill continues our commitment to the for; instead, we have attempted to submarine force structure. This bill au- men and women in the Armed Forces strike the right balance between pro- thorizes $248 million for that refueling and their families through the enact- moting a flexible system and pro- overhaul, noting the need for the re- ment of several important pay and ben- tecting employee rights. fueling as ‘‘compelling.’’ efits provisions. First, it institutes a Over the past 3 weeks, Senator I cannot express strongly enough my 3.7 percent across-the-board pay raise VOINOVICH and I have repeatedly belief that we must fund shipbuilding and once again provides an additional reached out to a wide variety of inter- to reflect the increasing demands we targeted pay raise for the senior non- ested parties in an attempt to put to- place on the Navy. The $12 billion in- commissioned officers and midcareer gether a bipartisan proposal. As of cluded in this bill is needed and appre- personnel who are the backbone of our today, I believe we have made a consid- ciated, but it only represents about 3 military. The bill contains several pro- erable amount of headway toward forg- percent of the total defense budget. For visions which will directly aid the fam- ing a consensus. all we expect of our Navy in today’s ilies of service members such as an in- world, we must do everything we can crease in the family separation allow- For example, in certain areas, such to provide them with the ships and ance and a high-tempo allowance of as employee appeals, I am not prepared weapons systems they need. $1,000 per month for those troops and to support granting the Secretary the In regard to the homeland security sailors deployed away from home for authority to immediately do away with role of the Department of Defense, the extended periods of time. the Merit System Protection Board in bill authorizes an additional $400 mil- Can any of us who watched the poign- order to create an internal appeals lion over the President’s budget re- ant homecoming of the USS Abraham process. Instead, my amendment allows quest to expand unit capabilities, field Lincoln earlier this month after 10 for a gradual transition from the additional sensor systems, and prepare months at sea, the longest carrier de- MSPB to a new appeals process. During to engage the threat here and abroad. ployment since Vietnam, doubt that the transition, the Department will For example, the bill contains an addi- those dedicated sailors and marines consult with MSPB while it develops tional $107 million for those special op- had earned every penny? and tests a new appeals process. erations forces that have been so effec- In closing, let me say that I hope I am also not prepared to grant the tive in Operation Iraqi Freedom and that as we move this bill towards final Secretary the authority to waive the

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6931 collective bargaining rights of employ- tion’s history, and, for the most part, viding important cargo and personnel ees. Instead, my amendment places it could not come at a more important transport. statutory deadlines of 180 days on the time. This bill also authorizes a multiyear amount of time any one issue can be This bill is good for our armed serv- procurement and $2 billion in 2004 for a under consideration by one of the three ices, and crucial for the security of our Virginia class submarine, manufactured components of the Federal Labor Rela- country. Above all else, it makes a sub- in Groton. Production of this next gen- tions Authority. This alone should stantial investment in our military’s eration ship will further enable the make a significant difference in the most important assets—our soldiers, Navy to extend its reach to the coasts timeliness of the bargaining process, sailors, airmen, and marines. It pro- of every continent, staying undetected and prevent the occasional case from vides a 3.7 percent across-the-board pay as it performs various missions from dragging on for years. raise for all men and women in uniform special operations and intelligence- The bottom line is, we believe that and introduces a new health care ben- gathering to precision guided missile our amendment would give the Sec- efit to Reserve and National Guard per- strikes. retary the authorities he needs to man- sonnel. In addition, it funds important age and sustain a civilian workforce national security programs to curb the The bill also funds our force’s next- some 735,000 strong. Our amendment spread of weapons of mass destruction, generation fighter aircraft, the F/A–22 would grant the administration’s re- with $450 million going towards the and Joint Strike Fighter, which will be quest for a new pay system, on-the- Nunn-Lugar Cooperative Threat Reduc- outfitted with the finest engines in the spot hiring authority, and collective tion program to safeguard nuclear world, developed at Pratt and Whitney. bargaining at the national level, not stockpiles and fissile material within Procurement of these planes will main- individually with 1300 local union af- the former Soviet Union. It ramps up tain U.S. air superiority—equipping pi- filiates. In addition, our amendment research and development accounts for lots with unprecedented speed, stealth, would enable the Secretary to offer counterterrorism technologies as well and advanced munitions, and trans- separation pay incentives for employ- as for intelligence and Special Oper- forming the Nation’s military into a ees nearing retirement; to contract ations resources. 21st century force. with individuals for services performed To respond to emerging threats to I believe these investments will save outside the United States in support of our country, these investments are lives in both the near and long term, the Defense Department; to offer spe- crucial components of the Defense au- and they will strengthen the military cial pay rates for highly qualified ex- thorization bill. I am also especially industrial base that is so crucial to the perts like scientists, engineers and pleased that the Senate accepted with- long-term viability of our military. I medical personnel; and to help mobi- out dissent, my amendment to estab- am pleased that this authorization bill lized Federal civilian employees whose lish a new initiative to assist States continues Secretary Rumsfeld’s initia- military pay is less than their Federal and communities in hiring firefighters. tive to transform the military and re- civilian pay. As we saw so vividly on September 11, spond to terrorist threats to our Na- The House Armed Services Com- our firefighters play an integral part in tion. But I would be remiss if I did not mittee has already included a per- responding to and protecting our peo- enter into this record the serious res- sonnel amendment in their own au- ple from terrorist attacks. No home- ervations I have with this bill. thorization bill. For that reason, I was land security strategy can ignore the In particular, I am deeply concerned dismayed to learn that our amendment crucial role that firefighters play in about the steps this legislation takes was not deemed ‘‘relevant’’ to the un- keeping our Nation safe. My amend- toward developing new tactical nuclear derlying legislation, and therefore ment, which was approved by the Sen- weapons. Despite the good-faith efforts shall not be made part of the Senate’s ate, authorizes the Department of of some of my colleagues, this Chamber bill. Homeland Security to invest over $3 failed to act as a check on an Execu- But I have worked hard to find a con- billion over the next 3 years in partner- tive bent on rolling back decades of sensus approach, and I don’t intend to ship with States and local governments strategic arms control and non- stop until this goal has been achieved. to hire firefighters so that commu- proliferation policies. At the Presi- I believe that the House approach can nities are better prepared to respond to dent’s recommendation, this bill re- be improved upon. This is why, on Fri- potential acts of terrorism. peals the 1993 Spratt-Furse provision day, I plan to re-introduce this legisla- As this amendment underscores, our that barred the Government from de- tion as a free-standing bill and to hold States play crucial roles in protecting veloping low-yield nuclear weapons. It a hearing on it the first week of June. our security. And the underlying bill also funds the study of a high-yield Quite simply, I believe civil service supports a number of military initia- bunker-busting nuclear earth pene- personnel reform of this magnitude is tives that are particularly supported trator. Both weapons are part of the too important an issue for the Senate by the State of Connecticut. Since the administration’s long-term plan to to remain silent. days of the Revolutionary War, Con- field tactical nuclear weapons in war, I urge my colleagues to work with necticut has rightly taken pride in its as outlined in the 2001 Nuclear Posture Senator VOINOVICH and me as we con- disproportionately large role in con- Review. tinue our efforts on this very impor- tributing to the U.S. arsenal, earning tant issue. In addition, I would like to it the nickname the ‘‘Provision State.’’ The defenders of these provisions be- thank Senators WARNER and LEVIN for The 2004 Defense authorization bill lieve that such weaponry will enhance all the advice and input they have al- continues this strong tradition, greatly America’s security by enabling the ready provided. In addition to serving outfitting the Nation’s armed services United States to devastate terrorist as ranking member of the Armed Serv- and provisioning advanced technology targets in a more contained environ- ices Committee, Senator LEVIN is a from Connecticut. The projects funded ment. They claim that the U.S. use of senior member of the Governmental in this bill from Army helicopters and nuclear weapons during a war will not Affair Committee, which I chair. As Air Force fighters to new advances in set an egregious precedent for other such, he brings expertise to the process submarine technology, will allow nations to begin fielding their own tac- from both perspectives. I hope that the America’s military to prosecute its war tical nuclear arsenal. And they claim bill I introduce on Friday will enjoy his on terror from every corner of the that by lifting the ban simply on re- support and that of the chairman. globe. Included in this bill is $1 billion search, we are not opening a new chap- Mr. DODD. Mr. President, today I to fund the procurement of 36 addi- ter of the nuclear era. will join my colleagues in voting to ap- tional UH–60 Blackhawk helicopters, They are dead wrong. And I am prove the 2004 Defense authorization manufactured by one of my State’s gravely disturbed by this shift in U.S. bill. This legislation provides a signifi- leading manufacturers, Sikorsky. nonproliferation policy. In 2000, the cant increase to our defense budget, a These aircraft have proven themselves United States joined the other perma- total of $400.5 billion, $17.9 billion more repeatedly in combat on air assault nent U.N. Security Council members in than was authorized for this year. This and medical evacuation missions, as a declaration of an ‘‘unequivocal com- is the largest defense budget in our Na- well as in peacekeeping missions pro- mitment to the ultimate goals of a

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6932 CONGRESSIONAL RECORD — SENATE May 22, 2003 complete elimination of nuclear weap- bers get the benefits they deserve. I am that occurs during and as a result of ons and a treaty on general and com- pleased the Senate included a provision military service. In this case, members plete disarmament under strict and ef- which I offered as an amendment that with decades of military service re- fective international control.’’ was adopted by the committee that ceive the same compensation as simi- This declaration was not made on a would eliminate the remaining so- larly disabled members who served whim. This was the culmination of dec- called ‘‘pay comparability gap’’ be- only a few years; this practice fails to ades of diplomacy that has led to the tween military pay and civilian pay. recognize their extended, more de- worldwide movement in arms control. This amendment would tie subsequent manding careers of service to our coun- But today, with this legislation, we are military pay raises after 2006 with in- try. This is patently unfair, and I will taking a considerable step away from creases in the Employment Cost Index continue to work diligently with the the goal stated at the 2000 Non-Pro- (ECI). As a former ranking member and committee to correct this inequity for liferation Treaty Conference. While we long-time member on the Personnel all career military servicemembers insist that others disarm and cease Subcommittee when Senator John who are disabled. their development of weapons of mass Glenn was the chairman, my experi- We have a military force that con- destruction, we are initiating plans to ence with capping military raises tinues to rely more on the Reserve use new atomic weapons on the battle- below ECI during the last three decades Components—men and women in the field. shows that such caps inevitably lead to National Guard and Reserves—to go to As our Armed Forces hone their con- significant retention problems among war and to perform other critical mili- ventional abilities to surgically strike second-term and career tary tasks abroad and at home. Many with increasingly explosive force, it servicemembers. combat, combat support and other sup- seems peculiar that the United States Those retention problems cost our port missions are being carried out on would now take steps backwards, and Nation more in the long run in terms the backs of our active and Reserve devote precious resources to expanding of lost military experience, decreased Component forces—soldiers, sailors, our nuclear arsenal. Our most recent readiness, and increased training costs. airmen and Marines. operations in Afghanistan and Iraq Since military pay was last com- National Guard and Reserve have demonstrated that the United parable with private sector pay in 1982, servicemembers are performing many States far exceeds any other nation in military pay raises have lagged a cu- vital tasks: direct involvement in mili- its ability to strike with nonnuclear mulative 6.4 percent behind private tary operations to liberate Iraq in the weapons anywhere in the world with sector wage growth—although recent air, on the ground, and on the sea; great precision, and minimal collateral efforts by Congress have reduced the guarding nuclear power plants, our bor- damage. Rather than capitalizing on gap significantly from its peak of 13.5 ders, and our airports in the United these new advantages in warfare, the percent in 1999. Our efforts in 1999 in- States; providing support to the War administration’s tactical nuclear pol- creased pay raises, reformed the pay on Terrorism through guarding, inter- icy, would actually leave the Nation tables, took 12,000 servicemembers off rogating, and extending medical serv- less secure, and undercut our govern- of food stamps, and established a mili- ices to al-Qaida detainees; rebuilding ment’s 50-year attempts at averting tary Thrift Savings Plan. schools in hurricane-stricken Honduras nuclear war. A key principal of the all volunteer and fighting fires in our western states; But all in all, in spite of these provi- force (AVF) is that military pay raises overseeing civil affairs in Bosnia; and sions, I believe that this bill’s passage must match private sector pay growth, augmenting aircraft carriers short on is critical to sustaining our national as measured by ECI. The Senate’s ac- active duty sailors with critical skilled security. Although major combat oper- tion in this area will send a strong enlisted ratings during at-sea exer- ations have ended in Afghanistan and message of support to our cises, as well as during periods of de- Iraq, our military continues to be en- servicemembers and women and their ployment. gaged in low-intensity conflict in this families that will continue to promote I believe that the civilian and uni- highly unstable region of the world. high morale, better quality-of-life, and formed leadership of our Armed Forces Our Armed Forces—both Active Duty ultimately a more ready military and the Congress must recognize this and Reserve—stand ready to complete force. involvement, and, at a minimum, pro- their missions in this Nation’s ongoing For the past 12 years, I have offered vide equal benefits for reserve compo- campaign against terror, to stabilize legislation on concurrent receipt. This nent servicemembers when they put on the region, and win the peace. matter is of great significance to many the uniform and perform their weekend To do this, they will need the re- of our country’s military retirees, be- drills or other critical training evo- sources provided in this bill. For that cause it would reverse existing, unfair lutions. Reservists, on duty, who re- reason, I have supported this legisla- regulations that strip retirement pay semble their active duty counterparts tion, and hope that the House and Sen- from military retirees who are also dis- during training evolutions and are de- ate Conferees move quickly toward a abled, and costs them any realistic op- ployed at times around the world, final version, so that this Congress will portunity for post-service earnings. should be treated equally when the ad- swiftly approve necessary authoriza- Last year, I was pleased that the com- ministration and Congress provide for tions for America’s men and women in mittee, for the first time, included an quality of life benefits. uniform. authorization to begin to address a I am pleased at the inclusion of lan- Mr. MCCAIN. Mr. President, I rise longstanding inequity in the compensa- guage authorizing a Selective Re-en- today to strongly support S. 1050, the tion of military retirees’ pay over pre- listment Bonus (SRB) for National fiscal year 2004 Defense Authorization vious attempts in the past. Guard and Reserve service members bill. This legislation funds $400.5 billion I am disappointed that Senator when they are mobilized under a Presi- for defense programs, which is 3.2 per- HARRY REID was unable to offer his dential Select Reserve Call-up and they cent or $17.9 billion above the amount amendment on concurrent receipt, be- re-enlist during that period. National appropriated by Congress last year. cause the amendment was not ruled Guardsmen and Reservists are prohib- The Defense Authorization bill would relevant under an unanimous consent ited from receiving SRB payments authorize appropriations to purchase agreement that was passed by the lead- until they get off active duty or mobi- new weapons systems and funds re- ership of the Senate. We must do more lization status, sometimes 1 or 2 years search and development for new weap- to restore retirement pay for those later. ons systems, funds operations and military retirees who are disabled. I The Senate has also authorized Sur- maintenance for the services, provides have stated this before, and I am com- vivor Benefit Plan, SBP, benefits to pay and quality of life improvements pelled to reiterate now—retirement survivors of National Guard and Re- for service members and funds military pay and disability pay are distinct serve service members who die while construction projects at military types of pay. Retirement pay is for performing inactive duty training or bases. service rendered through 20 years of weekend drills. This legislation pro- A number of provisions in this bill go military service. Disability pay is for vides equity with active duty a long way to ensure our service mem- physical or mental pain or suffering servicemembers and is consistent with

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6933 Defense Department regulations when is in the underlying bill. Our intention other such near-calamity within NATO National Guardsmen and Reservists are is to make NATO work better by tak- that threatens the Alliance itself, Sec- mobilized under a Presidential Select ing a close look at how some of its de- retaries Wolfowitz and Feith have tes- Reserve Call-up. cision-making structures have recently tified before the Senate Armed Serv- Since January, there have been 13 evolved, for expressly political reasons, ices Committee that the DPC could be Reserve Component deaths during in ways that I believe have weakened used more frequently for decision-mak- weekend military training while their NATO, but which we, NATO’s full ing within NATO, thereby circum- units were preparing for Operations members, can rectify in order to ensure venting the French veto. Enduring Freedom and Iraqi Freedom that our Alliance remains strong. Since the mid-1990s, NATO’s North where families of National Guard and Our amendment would require the Atlantic Council has been the primary Reservists did not receive the Survivor Secretaries of Defense and State to as- venue within the Alliance for decisions Benefit payments. sess whether certain new NATO mili- to be taken on Alliance operations. But The Senate has also authorized Com- tary initiatives are within the jurisdic- for most of NATO’s existence, the NAC manders’ pay for National Guardsmen tion of NATO’s Defense Planning Com- was not preeminent. The Defense Plan- and Reservists, similar to the pay that mittee, which has historically overseen ning Committee was created in 1963 active duty commanding officers and NATO’s core defense and security mis- and was co-equal to the NAC. The DPC commanders receive. sions. The report would relate how was charged with NATO’s core defense Additionally, the Senate Authoriza- NATO defense, military, security, and and security business, including ques- tion bill removes and arbitrary cap on nuclear decisions traditionally made in tions relating to Article Five, the mu- commissary privileges for drilling re- the DPC came to be made in other bod- tual defense clause that is at the heart servists and National Guardsmen, mak- ies within NATO. It would discuss the of NATO’s charter. In 1966, when ing the benefit similar to the benefit extent of France’s contributions to France withdrew from NATO’s inte- similar to the benefit of authorized for each of NATO’s component commit- grated military structure, the DPC as- active duty servicemembers. tees, and specifically the degree of sumed responsibility for the Alliance’s Unmanned Aerial Vehicles (UAVs) French involvement in specific mili- core defense business. This allowed the continue to be of interest to me. Oper- tary and security issues within the Alliance to continue to function effec- ations in Afghanistan and Iraq have competence of the DPC, on which the tively without France’s military in- been watershed events for military uti- French do not sit. The report would ex- volvement, and to avoid a French veto lization of UAVs. Increased use in the amine how NATO could make greater over matters related to NATO’s core future as new war fighting capabilities use of the DPC, by assuming its tradi- defense mission, in which France did come on line is key to our militaries tional role of managing NATO’s core not then and does not now participate. The Defense Planning Committee strategy for future conflicts. During defense mission, and how to otherwise was surprisingly active from its cre- the 1999 Yugoslav air campaign only streamline NATO decisionmaking to three UAV systems were used. There ation in 1963 until 1995. It became less make NATO more effective. NATO is are nine UAV systems currently de- prominent following the end of the cold actively engaged in discussions on how ployed and in extensive use in Iraq. war because the use of NATO forces ap- to reform and improve NATO decision- The Army’s Shadow, Hunter, and peared less likely in Article Five sce- making, and I strongly believe our Pointer, the Marine Corps’ Pioneer and narios and more probable in non-Arti- amendment will play a useful role in Dragon Eye; the Air Force’s Global cle Five scenarios. The role of the DPC animating that discussion. diminished when the North Atlantic Hawk, Predator and the Force Protec- In February, Turkey requested as- Council rose to pre-eminence in the tion Surveillance System; and, the sistance from the Alliance to improve Navy’s Silver Fox. 1990s with NATO peacekeeping sce- its defenses in the event of war with The Silver Fox is a small, inexpen- narios, in the aftermath of the dismal Iraq. Given Turkey’s status as a key sive UAV with tremendous application, failure of UNPROFOR in Bosnia. In the particularly in downed pilot search and member of NATO and the Alliance’s 1990s, looking for new roles, the NAC air rescue, border patrol operations, only front-line state with Iraq, Tur- endorsed NATO peacekeeping missions tactical support for ground troops and key’s routine request for defensive re- in the Balkans. SOF, submarine detection, marine inforcements under the terms of the The process of relying on the North mammal detection efforts and other NATO charter should not have been Atlantic Council was also rooted in the critical reconnaissance missions. Nine- controversial in any way. Regrettably, futile effort to woo France back into ty Silver Fox systems were deployed France denied Turkey’s request, and full membership in NATO. Starting for Operation Iraqi Freedom with great the Alliance spent 3 weeks in crisis try- with a 1992 decision to support peace- success. Additional resources should be ing to overcome French objections. keeping operations and the desire to afforded to the unmanned aerial vehi- France’s position was initially sup- involve France in Balkans operations, cle programs. Low cost, innovative sys- ported by Germany, Luxembourg, and defense issues during the 1990s came to tems, like the Silver Fox, deserve con- Belgium, but these nations ultimately be addressed in the North Atlantic siderable support by the committee sided with every other member of the Council. The inclusion of France in and I strongly support this effort. I am Alliance, leaving the French isolated NATO Defense Ministerials began in extremely please the Senate included a but refusing to relinquish their effec- 1993 at Travemunde and has continued. UAV pilot program to study the poten- tive veto over a fundamental Alliance Although they have not rejoined tial uses of UAVs on our borders. commitment to the defense of a mem- NATO’s intergrated military structure, As part of its consideration of this ber state. Ultimately, Turkey’s Article and are therefore not full contributing bill, the Senate approved an amend- Four request for defensive assistance members of the Alliance, the French ment I sponsored with Senators SES- was approved by the Defense Planning have very effectively shifted NATO de- SION, LINDSEY GRAHAM, and BAYH cre- Committee (DPC), a component com- cision-making into the North Atlantic ating a reporting requirement that mittee of NATO which does not include Council and other bodies in which they should shed light on how to improve France. But the singular French ob- have a voice and a vote. Although decision-making within NATO. As a structionism over the course of nearly France does not participate, or partici- lifelong Atlanticist, my interest is in a month caused the gravest crisis pates only selectively, in command keeping NATO relevant and effective NATO has known in a generation and structure, infrastructure budget, and as it adapts its mission to the new raised real questions about whether defense planning, it has successfully threats we face today. Doing so will re- NATO was going the way of the U.N. transferred these issues to NATO com- quire a hard look at what works well Security Council or, more ominously, mittees on which it has a seat. France within NATO, and what we can do to the League of Nations. does not participate in 60 percent of streamline decision-making processes In the wake of this debacle, NATO budget areas, but participates in to improve the effectiveness of the Al- Atlanticists in Europe and the United 100 percent of the development of re- liance. States have pondered ways to reform source policy and contribution ceilings. Our amendment would build on a re- and improve decision-making within The upcoming issues for the June porting requirement related to NATO NATO. In the interests of avoiding an- NATO Defense Ministerial are of a

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6934 CONGRESSIONAL RECORD — SENATE May 22, 2003 military and security nature. They in- $40 million of defense equipment from Air Force officials have even mislead clude the Capabilities Initiative, the the Dutch. Recently, the Defense Min- the committee, according to the DoD Command Structure Review, and the isters of the United Kingdom and Swe- Inspector General. It is incumbent NATO Response Force. These are mili- den pointed to similar situations in upon all of us to provide the men and tary and security issues within the their countries. In every meeting re- women of the Armed Forces with the core competence of the DPC. Our garding this subject, I am told how dif- most capabilities in return for our ex- amendment is therefore not backward- ficult it is to buy American defense penditures. looking, but would anticipate possible products because of our protectionist In several hearings this year, we have reforms to improve NATO’s effective- policies and the strong ‘‘Buy Euro- heard the Air Force Secretary and the ness in light of issues currently on the pean’’ sentiment overseas. Our protec- Air Force Secretary of Acquisition tes- Alliance’s agenda. tionist practices will hurt us nation- tify that they have not completed an France unilaterally withdrew from ally and internationally. Analysis of Alternatives (AOA) on aer- NATO’s military structure in 1966—at Some legislative enactments over the ial tankers. The KC–767 aerial tanker the height of the Cold War. France has past several years have had the effect effort requires the Secretary of Defense since chosen to remain outside NATO’s of establishing a monopoly for a do- to do an AOA. Authorized funding military structure. If France wants to mestic supplier in certain product should come from Air Force aviation return to NATO’s military structure, lines. This not only adds to the pres- programs which would have originally NATO should discuss it, debate it on sure for our allies to ‘‘buy European,’’ funded AOA if the program was appro- the merits and make a decision— but it also raises the costs of procure- priately planned and programmed like among the 18 full members of NATO. ment for DOD and cuts off access to po- other DoD program. Moreover, the What we need now is a better under- tential state-of-the-art technologies. AOA is required by Air Mobility Com- standing of why NATO came to rely on DOD should have the ability to make mand (AMC) & DoD documents, TRS–05 the NAC, and what can be done to purchases from a second source in an and KC–135 ESLS. I am pleased the make NATO more effective. We need to allied country covered by a defense co- Senate is requiring the Secretary of understand what we can do to limit operation MOU or Declaration of Prin- Defense to undertake an AOA on aerial France’s ability to manipulate NATO, ciples agreement when only one domes- tankers. and oppose American foreign policy tic source exists. This would ensure In the Air Force’s fiscal year 2004’s goals. The report required by our both price and product competition. budget request the Air Force proposed amendment should shed light on how Defense exports improve interoper- eliminating 68 KC–135E aerial tankers. to make our Alliance work as it ability with friendly forces with which The Tanker Requirement Study (TRS– should, in defense of the supreme na- we are increasingly likely to operate in 05) was conducted by the Air Mobility tional interests of the democracies it coalition warfare or peacekeeping mis- Command and the Secretary of Defense protects and nurtures. sions. They increase our influence over Program, Analysis, and Evaluation Di- I continue to be very concerned recipient country actions, and in a vision—OSD PA&E. TRS–05 identified about the potential impact on bilateral worse case scenario, allow the U.S. to the need for approximately 500 to 600 trade relations with our allies of the terminate support for equipment. Ex- operational KC–135 equivalents to meet domestic source for instance, ‘‘Buy ports also lower the unit costs of sys- air refueling requirements. No other America’’, restrictions enacted in the tems to the U.S. military, and in re- program has received so much atten- National Defense Authorization Act for cent years have kept mature lines open tion by the Air Force Secretary. Yet, fiscal year 1996. I am extremely con- while the U.S. has developed new sys- in direct contrast to his own Air Force cerned that an amendment was pro- tems that will go into production studies, he seems relentless in exag- posed that would impose ‘‘Buy Amer- around the turn of the century. gerating aerial tanker shortfalls in ica’’ restrictions on the Department of Finally, these exports provide the order to win approval of his KC–767 Defense. From a philosophical point of same economic benefits to the U.S. as leasing scam. I am pleased the com- view, I oppose these types of protec- all other exports—higher paying jobs, mittee has included language reducing tionist policies. I believe free trade is improved balance of trade, and in- the number allowed to be retired to 12, an important element in improving re- creased tax revenue. ‘‘Buy America’’ but I still feel the Air Force should be lations among all nations and essential restrictions on procurement will hurt prohibited from retiring the requested to economic growth. Moreover, from a funding for readiness, personnel land number of tankers until the AOA is practical standpoint, the added ‘‘Buy equipment modernization. These are completed and we have determined the America’’ restrictions could seriously really issues of acquisition policy, not best way to replace these national as- impair our ability to compete freely in appropriations matters. During debate sets. It is foolhardy to begin retiring the international markets and could on this legislation, I offered a second planes without a plan to replace them. also result in loss of existing business degree amendment with the intention I am pleased the Senate included a from long-standing trading partners. of striking the protectionist amend- provision that will save millions down Although, I fully understand the need ment proposed by one of my colleagues. the road. The Senate directs the Air to maintain certain critical industrial I thank my colleagues who successfully Force to provide adequate funding for base capabilities, I find no reason to supported my amendment that worked aviation depots for the purpose of cor- support a ‘‘Buy America’’ requirement to protect not only our allies but the recting corrosion for the KC–135 aerial for a product, like marine pumps, that American taxpayer and most impor- refueling fleet. The Armed Services is produced by no fewer than 25 U.S. tantly our servicemen and women who Committee has heard testimony that companies or a bullet-proof vest made depend on the Department of Defense every $1 spent in preventive mainte- from fabric by a U.S. manufacturer to train them and Congress to equip nance saves $7 in repair or replacement which is inferior and more expensive them with the best equipment irrele- costs. This action to add funding to than a bullet-proof vest made in the vant of its country of origin. Why is it KC–135 aviation depot level facilities U.S. from a fabric produced overseas. that our special forces servicemembers would meet a top objective in the Chief There are many examples of the routinely procure equipment without of Staff of the Air Force’s fiscal year trade imbalance that I can point to. I ‘‘buy America’’ requirements? 2004 Unfunded Priority List. would like to review one example for In all my years on the committee, I Operations Iraqi Freedom and Endur- you. The Dutch government, between have never seen anything like the pro- ing Freedom demonstrated to the 1991 and 1994, purchased $508 million in posed leasing scheme of the KC–767 aer- world what we saw just 12 years ago. defense equipment from U.S. manufac- ial tankers. In my efforts and those of We went to war as the most combat- turers, including air-refueling planes, others on the Senate Armed Service ready force in the world. The value of Chinook helicopters, Apache heli- Committee, to get information on this that readiness is clear. We won a mas- copters, F–16 fighter equipment, mis- proposed deal with Boeing, there has sive victory in a few weeks, and we did siles, combat radios and various train- been obfuscation. There has been delay. so with very limited loss of American ing equipment. During that same pe- There is withholding of information and allied lives. We were able to end riod, the United States purchased only from me and this committee. Senior aggression with minimum overall loss

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6935 of life, and we were even able to great- portunities in training. As weapon sys- Services Committee expects the Air ly reduce the civilian casualties of tems become more expensive and are Force to send the committee the re- Afghani and Iraqi citizens. manufactured in fewer quantities, we sults of the land compatibility use In order to understand the issues in- are creating a military force that often study by June 1st, as promised by the volved, it is necessary to recognize just fires a weapon for the first time in Office of the Secretary of the Air how difficult it is to achieve the kind combat. In the Navy, aviators used to Force. The project is a modification to of readiness we had during Operations fire one radar-guided and one heat- a current requirement previously con- Iraqi Freedom and Enduring Freedom. seeking annually. This was reduced to sidered by this committee, authorized, Readiness is not solely a matter of one missile each during a single tour of appropriated, and now being executed funding operations and maintenance at duty, and has now been further reduced by the Air Force. the proper level. It is not only a matter to a single missile each during an en- For too long, we have asked our of funding adequate numbers of high tire career. Armed Forces to do more with less. quality personnel, or of funding supe- Luke Air Force Base (AFB) is home Now it is time to provide them with rior weapons and munitions, strategic to the 56th Fighter Wing and 228 F–16, the funding they need, and to ensure mobility and propositioning, high oper- single engine, high performance air- that it is spent more wisely. The Amer- ating tempos, realistic levels of train- craft. Luke AFB, similar to the situa- ican people must also be assured that ing at every level of combat, or of lo- tion at Nellis AFB, that the committee their tax dollars are being spent to pro- gistics and support capabilities. has previously addressed, has signifi- vide for their defense—for the national Readiness, in fact, is all of these cant urban development encroachment interest, not for special interests. things and more. A force beings to go issues that impact training at the base. More must be done to eliminate un- hollow the moment it loses its overall Armed aircraft are no longer permitted necessary and duplicative work and mix of combat capabilities in any one to take off to the north of Luke AFB military installations. More effort critical area. Our technology edge in and over the past several years, there must be made to turn over nonmilitary Afghanistan and Iraq would have been have been 16 serious aircraft accidents functions to civilian contractors, to re- meaningless if we did not have men and due to catastrophic engine failure. It is duce the continuing bloat of head- women trained to use it. Having the critical that land use along the south- quarters staffs, and to decentralize the best weapons system platforms in the ern departure corridor (SDC) remain Pentagon’s labyrinth of bureaucratic world would not have given us our vic- compatible with armed aircraft weap- fiefdoms. tory if we had not had the right com- ons training, to preserve access to the The base realignment and closure mand and control facilities, mainte- Barry M. Goldwater Range (BMGR), to (BRAC) legislation that Congress au- nance capabilities, and munitions. prevent land use or encroachments thorized in 2000 will make available The military forces that we sent to that are incompatible with activities from $4 to $7 billion per year by elimi- participate in Operation Desert Storm, at Luke AFB in the SDC and to in- nating excess defense infrastructure. Kosovo and Serbia, and Operations En- crease the margin of safety associated There is another $2 billion per year we during Freedom and Iraqi Freedom, with the Live Ordnance Departure Are can put to better purposes by trained for their missions on military (LODA) southwest of Luke AFB. privatizing or consolidating support ranges here in the United States. Per- The Fiscal Year 2003 National De- and maintenance functions, and an ad- haps the premier range in the conti- fense Authorization Act provided $10 ditional $5.5 billion per year by elimi- nental United States is the Barry M. million to the Air Force for land acqui- nating ‘‘Buy America’’ restrictions Goldwater Range in Arizona. This sition at Luke AFB intended to pre- that discourage U.S. competition and nearly 3 million acre range comprises vent encroachment from residential de- raise costs. portions of the Sonoran desert and the velopment and to ensure safe oper- Similar attention is required to wean Cabeza Prieta wilderness. ations for flight departures and muni- our political system of its highly devel- It is estimated that the military tions storage. oped taste for pork. I identified $5.2 bil- spends approximately $77 million a The Air Force identified an imme- lion in items that the Appropriations year on conservation efforts on the diate requirement to purchase 234 acres Committee, not the Defense Depart- Barry M. Goldwater Range. There are around the munitions storage and is in ment, added to the budget last year. nearly 80 employees dedicated to con- the process of executing this purchase We should not tolerate the sacrifice of tinued protection of the Goldwater to correct the most serious safety defi- limited defense resources to special in- Range, including archaeologists, biolo- ciencies. Furthermore, other parcels terests masquerading as improvements gists, ornithologists and other natural have been identified to be purchased to to our defense. These total savings in resources experts. In my view, the Air protect surrounding communities from the Defense Department amount to al- Force and the Marine Corps are very impeding upon explosive blast distance most $20 billion per year—$20 billion good stewards of this critical habitat. arcs and the danger of single-seat F–16 that must be reallocated within the de- Efforts are ongoing among environ- Falcon jets with live ordnance that fense budget to higher priority mili- mental agencies, the Department of overfly land areas in the Southern De- tary personnel and modernization re- Defense, and the various land manage- parture Corridor headed to the BMGR. quirements. ment agencies to further clarify and A land compatibility use study is While I am pleased that amount of define the use and management of the currently ongoing to identify potential member adds in this year’s legislation Goldwater Range land and the airspace additional real estate to be purchased has been reduced to around $1 billion, I above it, While I applaud these efforts, in the Southern Departure corridor of am still troubled by the amount of I must affirmatively state my strong the airfield overflown by F–16’s headed unrequested spending on this legisla- support for preserving the military use to the BMGR. I am pleased the chair- tion. Year after year, funding for the of this land and associated airspace. man of the Subcommittee on Readiness same unrequested, unnecessary Every service has approached me to and Management Support included in projects are included in this legisla- convey their deep concern that the the chairman’s mark, $14.3 million as a tion. For example, the 21st century military maintain its ability to train modification to the Fiscal Year 2003 truck has received $17.5 million dollars in this one-of-a-kind training range. authorization to facilitate the quick in this legislation. I wonder how many The Barry M. Goldwater Range is one acquisition of additional parcels veterans Concurrent Receipts benefits of the last open-space ranges available around the munitions area and in the would be funded by the total amount to our Armed Forces for realistic, inte- Southern Departure corridor once they we have sunk into the development of grated, joint training exercises. I am are identified. The Air Force has iden- the 21st century truck over the years? glad the Senate has included language tified significant encroachment prob- In the wisdom of the Senate, we have to help ensure that this training lems hindering safe flight operations at provided $35 million more than the ‘‘jewel’’ remains available to our mili- Luke AFB and will be able to protect President requested to buy the JPATS tary for training purposes. accident potential zones from residen- Texan. That is a lot of money for an I am very concerned with the trend tial development through additional aircraft the Navy does not need or even in the services to curtail live fire op- land acquisitions. The Senate Armed want. We have provided $10 million for

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6936 CONGRESSIONAL RECORD — SENATE May 22, 2003 the High Temperature Super- I am opposed to the ‘‘assured access Add List which I ask unanimous con- conducting Alternating Current to space program’’ as it is currently de- sent be printed in the record. HRSAC Synchronous Motor. We have signed. I believe the Committee should I will continue to fight for additional provided $60 million for Advanced hold hearings to review whether to support of increases to the Department Extra High Frequency Spare Parts. drop one company. I do not believe of Defense budget. I also will continue Also on the member adds list is $50 mil- that two companies are providing ade- to examine with a keen eye all congres- lion for the Los Alamos National Lab. quate competition in this critical pro- sional marks that take money away The fiscal year 2004 defense author- gram. I believe that a proper account- from needed military programs and in- ization bill adds $60 million for Evolved ing of the EELV program will result in stead buy political support through fa- Expendable Launch Vehicle (EELV). a report that more rocket launches and voritism in awarding contracts. In ad- This project is one of the largest addi- additional weather, communications, dition, I will persist in placing the men tions in the bill. This is in addition to reconnaissance, eavesdropping and and women who fight for our flag and the $609.3 million that was included in global position satellites would be country at the top of my priority list the President’s defense budget request. launched if the Department of Defense where they belong; we owe them our With this funding the Air Force will would simply choose a single source for gratitude, respect, and unwavering sup- provide a $669.3 million boost to de- military rocket launches. port. They keep us free. fense companies Boeing and Lockheed I could continue in this vein, but it is Martin to keep both companies in the sufficient to say that the military Mr. President, I ask unanimous con- rocket-launch business, easing the im- needs more money and should spend it sent that the text of the bill be printed pact of a steep falloff in commercial or- more wisely to address the serious in the RECORD. ders for such services in the commer- problems caused by a decade of declin- There being no objection, the mate- cial-satellite market, where orders ing defense budgets. I have included a rial was ordered to be printed in the have all but dried up. copy of the fiscal year 2004 Member RECORD, as follows: Fiscal Year 2004 National Defense Authorization Act Member Adds Emerging Threats: Collective Protection Chem-bio Protective Shelter ...... 2.0 Army R, D, T & E: Low-temperature technology ...... 2.0 Desert terrain analysis ...... 4.0 University and Industry Research Center Infrastructure Protection Research ...... 4.0 Materials Technology: Advanced Materials Processing ...... 3.0 Multifunctional Composite materials ...... 3.0 Missile Technology: E-Strike Radar & Powertransmission Technologies ...... 8.0 Maneuver Air Defense System ...... 6.5 Multiple Component Flight Test ...... 2.5 Advanced Concepts and Simulation: Advanced Photonics Detection Research ...... 5.0 Combat Vehicle and Automotive Technology: Rapid Prototyping Technologies ...... 2.0 Digital Executive Officer for UAVs ...... 2.5 Advanced Energy and Manufacturing Technology ...... 3.0 Advanced Electric Drive ...... 3.0 Weapons and Munitions Technology: Single Capital Tungsten Alloy Penetrators ...... 3.0 Countermine Systems: Chemical Vapor Sensing Technologies ...... 2.5 Small SAR Mine Detection ...... 2.0 RAPID and Reliable Countermeasure Capabilities ...... 5.0 Environmental Quality Technology: Environmental Response and Security Protection System ...... 1.0 Military Engineering Technology: Geosciences and atmosphere research ...... 3.0 Warfighter Technology: Embedded Optical Communication for Objective Force Warrior ...... 4.8 Medical Technology: Genomics Research ...... 2.0 Medical Advanced Technology: Electronic Garments ...... 5.0 Stable Hemostat Research ...... 5.0 Combat Vehicle and Automotive Technology: 21st Century Truck ...... 17.5 Fuel Cell Technology ...... 5.0 Advanced Collaboration Environments ...... 2.0 Fastening and Joining Technologies ...... 1.5 Tactical Vehicle Design Tool ...... 2.0 Advanced Thermal Management Controls ...... 1.5 Advanced Composite Materials for Future Combat System ...... 5.5 Medical Systems Advanced Development: Automated Detection for Biodefense ...... 5.0 Topically Applied Vector Vaccines ...... 1.0 Navy Research, Development, Test and Evaluation: Chemical Detection on UAVs ...... 2.0 Advanced Fusion Processing ...... 5.0 Fiber Reinforced Polymer for Ship Structuring ...... 4.0 Rapid Prototype Polymeric Aircraft Components ...... 4.8 Warfighter Sustainment Applied Research: Bioagent Diagnostic Tool ...... 4.0 Biowarfare Agent Detector ...... 4.0 Low Observable Materials for Stealth Application ...... 6.0 Formidable Aligned Carbon Thermo Sets (FACTS) ...... 1.5 Step-AIRSEDS (tether technology on UAVs and electrodynamic propulsion capabilities) ...... 1.0 RF Systems Applied Research: High Brightness Electron Sources ...... 3.0 Advanced Semiconductor Research ...... 2.0 Ocean Warfighting Environment Applied Research: Southeast Atlantic Coastal Ocean Observing System (SEACOOS) ...... 6.0 Undersea Warfare Applied Research: Low Acoustic Signature Motors & propulsors ...... 2.8 Common Picture Advanced Technology: Consolidated Undersea Situational Awareness Capabilities ...... 4.0

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6937 Fiscal Year 2004 National Defense Authorization Act Member Adds—Continued Shipboard Automated Reconstruction Capability ...... 6.0 Joit Warfare Experiments: Modeling and Simulation for Homeland Defense USJFCOM ...... 1.5 Mine Expeditionary Warfare Advanced Technology Augmented Reality Research ...... 3.5 Studies and Analysis Support for Navy Fire Retardant Fibers ...... 1.0 Management, Technical & International Support Warfare Analysis and Education ...... 3.5 Modeling Simulation Support ...... 2.0 Air Force Research, Development, Test & Evaluation: Materials: Low-cost Components for UAVs ...... 4.0 Fabrication of Microelectronic Components ...... 6.0 Closed Cell Foam Fire Retardant Materials ...... 2.0 Nanotechnology Research for Aerospace Materials ...... 4.5 Space Technology: Elastic Memory Composites Materials ...... 4.0 Rigid Silicone Thin Film Solar Cells ...... 3.5 Parallel Datacon Network for Satellite Communication ...... 4.0 Microsatellite Duster Technology ...... 3.0 Command Control & Communication: MASINT Warfighter Visualization Tools ...... 7.0 Advanced Materials for Weapons Systems: Materials Affordability Initiative for Aerospace Materials ...... 7.0 Aerospace Technology Development Demonstration: Advanced Aluminum Aerostructure ...... 6.5 Life Cycle Extension Assessment for Tactical Aircraft ...... 2.0 Fly-by-light Photonictechnology ...... 3.0 Aerospace Propulsion and Power Technology: Fuel Lubrication and Turbine Engine Technology ...... 7.0 Advanced Turbine Gas Engine Generator ...... 6.0 Support System Development: Aging Aircraft ...... 3.5 Defense-Wide, Research, Development, Test & Evaluation: Nano and Micro-electro Mechanical Systems ...... 5.0 Neural Engineering Research for Autonomous Control ...... 4.0 Govt Industry Cosponsorship of University Research Program ...... 10.0 University Research Initiatives: Photonics Research ...... 3.5 Advanced Remote Sensing Software ...... 5.0 Bioterrorism Response Analysis ...... 2.0 Carbon Nanotechnology Research ...... 6.0 Chemical and Biological Defense Program: Bacteriophage Amplification ...... 1.5 Cell and Tissue Culture and Bacterial Growth Cell Research ...... 2.0 Chemical and Biological Defense Program: Acoustic Wave Sensor Technology ...... 2.0 Water Quality Sensor ...... 3.5 Mustard Gas Antidote ...... 3.0 Bioinformatics ...... 6.5 Sensor Technologies ...... 2.0 Food Security Technologies ...... 3.0 Nerve Agent Decontamination Technology ...... 1.0 Counterproliferation Advanced Development Technologies: Portable radiation search tool ...... 10.0 Chemical and Biological Defense Program: Advanced Technologies ...... 5.0 SensorNet Cell Phone Infrastructure for Chemical and Biological Defense Pilot Program ...... 5.0 General Logistics R&D Technology Demonstrations: Multi-state Manufacturing Extensions Partnership Identify Requirements for Product Delivery Time ...... 9.0 DMS Data Warehouse ...... 7.0 Vehical Fuel Cell Program for JP–8 research ...... 7.0 Command Control and Communications Systems All Optical Switching System ...... 3.0 Joint Robotics Program Semi-autonomous Unmanned Ground Vehicle ...... 3.0 Chemical and Biological Defense Program Anthrax and Plague Oral Vaccine Development ...... 6.0 Chemical and Biological Defense Program Wide Area Decontaminate and Applicators ...... 5.7 Joint Robotics Program Semi-autonomous small UGV ...... 4.0 General Support to C3I See and Avoid UAV Technologies ...... 3.0 Industrial Preparedness Laser Additive Manufacturing Technology ...... 3.0 Information Systems Security Program: Collaboration between industry, government, and academia to share les- sons learned and improve cooperation to solve common defense information systems security challenges ...... 2.0

Sub-total ...... 445.6

Airland Army Aircraft Procurement: OH–58D Kiowa Warrior GAV–19 Machine Gun ...... 12.3 Army Communications Procurement: Single Shelter System for Army Common User System (ACUS) ...... 25.0 Multiband Radios ...... 6.2 Army Training Equipment Procurement: Military Operation on Urbanized Terrain Intrumentation ...... 4.8 Navy Aircraft Procurement: JPATS Texan ...... 35.0 Air Force Aircraft Modification: Ku-Band Satellite Communication Intergration Capability ...... 6.8 Air Force Special Communications Electronics Projects: Joint Threat Emitter (JTE) System ...... 5.0 Air Force Personal Safety and Rescue Equipment: Aircrew Survivable Radio Test Equipment ...... 7.0 Fixed Aircraft Standardized Seats for C–130 & KC–135 ...... 4.8 Air Force Base Support Equipment: Expeditionary Medical Support Packages (EMEDS) ...... 3.0 Army Research, Development, Test & Evaluation: Missile and Rocket Advanced Technology Close-in Active Protective ...... 6.0 Logistics and Engineer Equipment Advanced Development: Mobile Parts Hospital Development ...... 6.0 Theater Support Vessel Development ...... 7.5 Weapons and Munition: Abrams Tank Track Improvement ...... 4.7

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6938 CONGRESSIONAL RECORD — SENATE May 22, 2003 Fiscal Year 2004 National Defense Authorization Act Member Adds—Continued Full Authority Digital Engine Control Improvement Program ...... 5.0 Air Force Research, Development, Test & Evaluation: EW Development Loitering Electronic Warfare Killer (LEWR) ...... 6.0 Armament/Ordinance Development Passive Attack Weapon ...... 5.0 F–15 Eagle C/D AESA Radar upgrade ...... 16.5 Eagle Vision Commercial Imaging Program ...... 8.0 Joint Air-to-Surface Missile Extended Range (JASSME—ER ...... 17.0 KC–135 Simulator Upgrades (boom) ...... 3.4

Sub-total ...... 195.0

Readiness: Navy Research, Development, Test & Evaluation: Environmental Protection Wireless Sensor-network Technology ...... 2.0 Army Operation and Maintenance: Quadruple Shipping Containers ...... 4.0 Satellite Communication Language Training (SCOLA) USSOCOM ...... 2.0 Corrosion Prevention and Control Program ...... 8.0 Navy Operation and Maintenance: Condition-based Maintenance Photonic Sensors for Marine Gas Turbine Engines ...... 6.5 Air Force Operation & Maintenance: Manufacturing Technical Assistance Production Programs (MTAAP) ...... 3.0 Army Reserve Operation & Maintenance: Equipment Storage Site Initial Operations ...... 1.0 Army National Guard Operation & Maintenance: Test Support Program ...... 1.5

Sub-total ...... 28.0

Seapower: Army, Other Procurement: Causeway Systems Modular Causeway Systems ...... 25.0 Navy, Aircraft Procurement: H–1 Series Navigational Thermal Imaging System (NTIS) ...... 5.5 Navy, Weapons Procurement: ABL Facilities Restoration ...... 20.0 Navy Other Procurement: Submarine Training Performance Support Systems ...... 5.0 Supply Support Equipment: Serial Number Tracking Systems (SNTS) ...... 8.0 Navy RDT&E: Force Protection Advanced Technology: Project M ...... 4.7 High Temperature Superconducting Alternating Current HRSAC synchronous motor ...... 10.0 Laser Welding for shipbuilding ...... 4.1 Warfighter Sustainment Advanced Technology: Automated Container and Cargo Handling System ...... 6.5 Shipboard System Component Development: Improved Surface Vessel Torpedo Launcher ...... 3.0 Surface Anti-Submarine Warfare (ASW): ASW Risk Reduction ...... 2.5 P–3 Modernization Program P3 AIP Phased Capability Upgrade (Integrated tactical picture, Link-16, Tactical Common data link, electro-optic geo-location ...... 12.3 SSN–688 and Trident Modernization: Submarine antenna technology improvements: Expandable two-way satellite communications buoy ...... 2.0 Tethered communication and sensor platform ...... 3.0 Submarine Tactical Warfare System: Submarine Weapons Control System ...... 10.0 Navy Energy Program: Uninterruptible Proton Exchange Membrane Fuel Cell ...... 3.5 Airborne Reconnaissance Systems: Podded Sensors for Air Reconnaissance ...... 5.1

Sub-total ...... 130.2

Strategic Air Force Missile Procurement: Evolved Expendable Launch Vehicle (EELV) ...... 60.0 Army Research, Development, Test and Evaluation: Army Missile Defense Systems Integration (Non-Space): Advanced Laser Electric Power ...... 2.9 Integrated Composite Missile Systems ...... 5.0 AMD Architecture Analysis (A3) Program ...... 3.0 Army Security and Intelligence: Base Protection and Monitoring System ...... 8.0 Navy Research, Development, Test & Evaluation: Space and Electronic Warfare Architecture: Advanced Wireless Network NAVCIITI ...... 5.0 Strategic Sub & Weapons System Support (TPPL) Thin plate pure lead batteries for submarines ...... 1.5 Air Force Research, Development, Test & Evaluation: Advanced Spacecraft Technology: Satellite Hardening Technologies ...... 6.8 Thin Film Amorphous Silicon Solar Arrays ...... 7.0 Maui Space Surveillance System (MSSS), Hawaii: High Accuracy Network Detection System ...... 10.0 Space Control Technology: Kinetic Energy Antisatellite Program (KEASAT) ...... 4.0 Space Control Test Bed ...... 2.5 Global Hawk Lithium Battery Demonstration ...... 3.5 Applied Research: Air Force Research Lab Materials ...... 1.0 Materials, electronics and Computer Technology: Coastal Area Tactical Mapping System ...... 2.0 Defense Wide Research, Development, Test & Evaluation: Ballistic Missile Defense Terminal Defense Segment Arrow, US/Israel Ballistic Missile Defense ...... 10.0 Ballistic Missile Defense Sensors E–2 Hawkeye Infrared Search and Track ...... 3.8 Defense Research Sciences Nanophotonic Systems Fabrication ...... 2.0 Department of Energy National Security Programs: Replacement, Los Alamos National Lab Albuquerque, NM ...... 50.0

Sub-total ...... 184.0

Grand Total ...... 982.8

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6939 Mr. WARNER. Mr. President, I would I understand that a huge bureaucracy held up as the cure-all to what ails the like to indicate to my distinguished like the Defense Department cannot Pentagon’s management. The answer colleague we are prepared to move to turn on a dime. But any hopes of con- to problems like the Pentagon’s ac- third reading. taining military spending increases counting system clearly is not more Mr. LEVIN. That is my under- while preparing our forces for the 21st flexibility—what is needed is more ac- standing. I don’t know of any other century seem to be a distant memory. countability. Accountability within matters that can be resolved. Two years into what was supposed to the Department, accountability to The PRESIDING OFFICER. The Sen- be a major overhaul, the Pentagon’s Congress, which means accountability ator from Nevada. budget has grown by 24 percent, not to the Constitution and accountability Mr. REID. Mr. President, I suggest counting any of the billions of dollars to the American people. the absence of a quorum. I don’t want that we have spent on the war on ter- It is a good sign that this bill does you to lose the floor, but if I had the rorism and the war in Iraq. Our defense not include most of the ‘‘flexibilities’’ floor I would suggest the absence of a budget seems more the same than ever: requested by the Department of De- quorum. not more bang for the buck, just more fense. Senator WARNER and Senator Mr. WARNER. If that is your wish, I bucks. LEVIN acted wisely in crafting a bill yield the floor. The administration has charted a that upholds the prerogatives of Con- The PRESIDING OFFICER. The course now to increase defense budgets gress in this respect. clerk will call the roll. to $502.7 billion within the next 5 years. Now, we owe a great debt of grati- The legislative clerk proceeded to At the same time, Congress has passed tude to both of these managers, Sen- call the roll. one tax cut of $1.35 trillion, and the ator WARNER and Senator LEVIN, be- Mr. BYRD. Mr. President, I ask unan- Senate is headed at flank speed to pass cause they went against the grain imous consent that the order for the another $350 billion in tax cuts before when they opposed those ‘‘flexibilities’’ quorum call be rescinded. and when they took them out. It is a The PRESIDING OFFICER. Without this week is over. Budget deficits are good sign that this bill does not in- objection, it is so ordered. soaring—soaring—out of control, while The Senator from West Virginia. our economy is in the doldrums. clude most of the ‘‘flexibilities’’ re- Mr. BYRD. Mr. President, I wish to Instead of saving money by skipping quested by the Department of Defense. make a brief speech on the bill. Are we a generation of military weapons, we But we remain on the wrong track under a time limit? are sending our country even deeper when it comes to defense spending. In- The PRESIDING OFFICER. We are into debt a debt that will have to be stead of truth in budgeting, Congress not. borne by yet another generation of cannot even get a straight answer Mr. BYRD. I thank the Chair. Americans who will be expected to pay about how much it will cost to occupy Mine will not be a lengthy speech. for our defense largess. Iraq. Congress could not get a straight Mr. President, just weeks ago, our Let there be no doubt that we can answer as to what it would cost to Armed Forces once again dem- and must provide first-rate fighting ca- wage the war in Iraq. And Congress onstrated—demonstrated—the over- pability for our troops. But we can do still cannot get a straight answer whelming might of the United States so without committing to defense about the costs of reconstructing Iraq military. Due to the sustained commit- budgets that are set to spiral ever, ever or how long we will be there. Instead of ment of our country to invest a sub- higher. I know of no one who would se- choosing priorities for our military and stantial proportion of our national riously propose to give our troops sec- skipping a generation of weapons, de- wealth into our national defense, our ond-rate equipment or to cut their pay fense spending is through the roof military is faster, more agile, more le- and benefits. The size of our defense while our Government is swimming in thal, better equipped, better protected, budget is not a good measure of our red ink. and better compensated than any other support for our troops. Instead of holding the Pentagon ac- in the world. We have plenty of headroom in which countable for what it spends, we are Make no doubt about it, the sums to maintain our overwhelming military kept busy fighting off legislative pro- that we invest in defense are enormous. superiority without bowing to every re- posals that would reduce oversight of According to the most recent CIA quest by the powerful defense industry the Department of Defense. World Factbook, the world spent about for more and more and more money for Here again, I compliment Senator three-quarters of a trillion dollars on more and more and more programs WARNER and Senator LEVIN. They put arms in 1999, the latest year for which that are all too often over budget and the foot down and said no; this far but statistics are available. That same behind schedule. Propping up unproven no further. They took out those var- year, the United States spent $292 bil- weapons systems through infusions of ious and sundry so-called flexibilities lion on its military that is nearly 40 taxpayer cash is the surest means to that the Department wanted. percent of all military spending on short change our men and women in We are living in a time when the Earth. Our country spends more on de- uniform. greatest threat to our national secu- fense than all the other 18 members of There remains much to be done re- rity is the threat of asymmetrical war- NATO, plus China, plus Russia, and garding the business practices at the fare. We learned that on September 11, plus the six remaining rogue states Pentagon. Secretary Rumsfeld has 2001. We are in no danger of being out- combined. made a commitment toward improving matched militarily by any nation on Yet our defense budget continues to DOD’s financial management and ac- Earth, but as the current orange alert increase. This bill authorizes $400 bil- counting systems, and he appears to be status reminds us, we remain vulner- lion for our national defense in the making an earnest effort toward that able to the very real threat of terror- next year. end, but progress is painfully slow. Un- ists. Yet our Department of Defense is In an age when we talk about smart tangling the mess of unreliable ac- on a track to be the instrument—get bombs, smart missiles, and smart sol- counting entries will take years to this—to be the instrument of a doc- diers, any talk of smart budgets has solve. The bottom line is that the Pen- trine of preemptive attacks: Ready and gone out the window. tagon still has no way—none—no way willing to invade and take over sov- It was not that long ago that Sec- of knowing how much it spends, how ereign states that may not even pose a retary Rumsfeld conducted an exten- much it owns, or what its real budg- direct threat to our security. The name sive series of top-to-bottom reviews of etary needs are. It makes little sense ‘‘Department of Defense’’ is increas- the Defense Department. I supported to keep piling more money on a De- ingly a misnomer for a bureaucracy him in those exercises, and said so, as partment that does not know how it that is poised to undertake conquests did many other Members of Congress. spent last year’s funds. at the drop of a hat. Those reviews were supposed to elimi- The DOD proposed a transformation Senator WARNER and Senator LEVIN nate old weapons systems, field new package that was said to be able to have done an excellent job of managing ones, and cut the fat at the Pentagon, make the Department more efficient. this bill and of stripping some of the all for the purpose of getting more ‘‘Flexibilities’’—and I use that word in most egregious provisions from the bang for our defense buck. quotation marks—‘‘flexibilities’’ are President’s request.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6940 CONGRESSIONAL RECORD — SENATE May 22, 2003 I have been on the Armed Services institution and in this Nation. He The PRESIDING OFFICER. Without Committee a good many years. I first makes a huge contribution in ways objection, it is so ordered. came to the Armed Services Com- sometimes which are visible but often Mr. WARNER. Mr. President, as we mittee when the late Senator Richard in ways which are not visible and are are proceeding, I first want to acknowl- Russell, who stood at this desk and not known. One of those ways has been edge my profound gratitude to my col- on the Armed Services Committee with who sat in this chair, was chairman of league and almost lifetime friend of 25 that great committee. I have been a so many issues. The issues he pointed years in this Chamber, Senator LEVIN, out where the so-called flexibility was supporter of our national defense. I for his support and that of his staff and being sought but was not incorporated supported the war in Vietnam until indeed to my staff who, under the tute- in this bill is in significant measure a most everyone else had left the field. I lage of Judy Ansley, have done a mag- held up President Nixon’s hand when tribute to his strength in defending the nificent job, and for the support of our others on my side and the then major- role of the legislative branch. It is a re- respective leaderships in making this ity leader—God rest his soul—were op- flection of what is not only a big part bill pass, particularly the two whips, posed to an amendment that I offered of him but what he has instituted in so the Senator from Nevada and the Sen- which said in essence that if the Presi- many others as a role model in this in- ator from Kentucky. dent sends our boys, our young men— stitution for fighting for a branch of young men for the most part at that government which is truly coequal to Mr. LEVIN. Mr. President, very brief- time—to Vietnam, then the President the executive branch. We have sus- ly, let me thank Senator WARNER, our has a responsibility to protect those tained that in this bill. chairman, for his usual courtesy, his men to the best of his ability and to While the Senator from West Vir- indomitable spirit, and his willingness enable them to return home safely. I ginia will be voting no for the reasons to try to find ways in which we can re- lost on the amendment. I received a he gave, the fact that he noted and wel- solve differences. He has done a mas- call from Camp David from the late comed the effort we made to keep out terful job. We thought it was going to President Nixon complimenting me on the excess power and flexibility in the get done in record time. It probably that amendment. executive branch to me is very heart didn’t end up quite that way, but not I don’t take a back seat to anyone warming indeed. I thank him for it. because of any failure on the part of when it comes to national defense, but Mr. BYRD. Mr. President, I thank our good friend from Virginia. I think we are going too far. I com- both the very distinguished managers of the bill. May I say once again, to the I thank Rick DeBobes and all the mend Senator WARNER and I commend distinguished Senator and to his com- staff on this side, Judy Ansley and all Senator LEVIN for their hard work, but rade, the ranking manager, you have the staff on the Republican side, all the I believe this bill is still too costly and members of our committee who con- steers our Nation in exactly the wrong indeed properly upheld the role of the Senate and the principle of the separa- tributed so much, as members of the course for the future. I hope they will tion of powers when you insisted that committee, as chairmen and as ranking not think that I in any way am criti- those various requests for ‘‘flexibility’’ members of the subcommittee. I think cizing them or the other members of be dropped. I hope you will be able to we have produced a good bill. my Armed Services Committee. I be- maintain that position in conference. Let me add my thanks to Senator lieve it is time to just say no to Pen- The PRESIDING OFFICER. The Sen- REID in particular. I want to single out tagon excesses. I believe it is time to ator from Virginia. Senator REID, if I may. All the leaders force the Defense Department to work Mr. WARNER. Mr. President, my col- help us, but I must say what a unique smarter and waste less. I believe it is league Senator LEVIN and I, at the con- time to demand accountability for our currence of the distinguished leader- whip we have in HARRY REID. He really enormous investment in defense. ship on both sides, are prepared to pro- makes things happen around here For these reasons I will vote against ceed to a third reading and final pas- which otherwise simply could not hap- this bill. sage. pen. We will revisit this subject in the De- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE I want to take a moment to acknowl- fense Appropriations Committee and CALENDAR edge and thank the minority staff the Appropriations Committee as a Mr. WARNER. Mr. President, I ask members of the Committee on Armed whole, votes on Defense appropriations unanimous consent that following pas- Services for their extraordinary work bill. But we will meet that challenge sage of S. 1050, the Senate proceed to on S. 1050, the National Defense Au- when it comes. I thank both the man- executive session for the consideration thorization Act for Fiscal Year 2004. To agers for their patience and for their of calendar No. 171, the nomination of arrive at final passage of this impor- good work. Consuelo Maria Callahan to be U.S. tant legislation requires hours and The PRESIDING OFFICER. The Sen- Circuit Judge for the Ninth Circuit; hours of hard work and many personal ator from Virginia. further, there then be 10 minutes sacrifices. The committee and the Sen- Mr. WARNER. Mr. President, our dis- equally divided for debate on the nomi- ate are so fortunate to have men and tinguished colleague, former majority nation prior to the vote on the con- women of their expertise and dedica- leader of the Senate, has been on the firmation of the nomination, without tion so ably assisting us on this bill. Armed Services Committee for 25 intervening action or debate; further, I Rick DeBobes leads our minority staff years, the quarter of a century Mr. ask unanimous consent that following of fifteen. Although small in numbers, LEVIN and I have been on there. that vote, the President be imme- The Senator invoked the name of they all make huge contributions to diately notified of the Senate’s action the work of the Committee each and Richard Russell. When I was Secretary and the Senate then resume legislative of the Navy, I used to come up and tes- every day. As a tribute to their profes- session. sionalism, I thank Chris Cowart, Dan tify before him. I don’t think any- Mr. REID. Reserving the right to ob- body—maybe Senator Stennis—could Cox, Madelyn Creedon, Mitch ject. Crosswait, Rick DeBobes, Evelyn match his skill. It was remarkable. The PRESIDING OFFICER. The Sen- Senator Tower, Senator Goldwater Farkas, Richard Fieldhouse, Creighton ator from Nevada. Greene, Jeremy Hekhuis, Maren Leed, idolized him as we all did. But I thank Mr. REID. Mr. President, would that Gary Leeling, Peter Levine, Arun the Senator for his remarks about this be the 126th judge we have approved Seraphin, Christy Still, Mary Louise Senator. I do respectfully disagree with during the Bush years? some of his conclusions, but that is the The PRESIDING OFFICER. Regular Wagner, and Bridget Whalan. nature of the magnificence of the Sen- order. Mr. WARNER. Mr. President, I ask ate. We have argued and expressed to Mr. WARNER. I am unable to give an unanimous consent, on behalf of the the people of this country our own answer to that, I say to my distin- members of the Senate Armed Services views. guished colleague. I am sure in the Committee, that they be permitted be- Mr. LEVIN. If the chairman will course of the colloquy preceding the fore the close of business tonight to file yield a minute, I join in thanking Sen- vote on that jurist, that could be an- such statements as they wish relative ator BYRD. He has a unique role in this swered. to this bill.

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6941 The PRESIDING OFFICER (Mr. Mr. LEVIN. I move to lay that mo- and willingness to stay late into the CHAMBLISS). Without objection, it is so tion on the table. evening in an effort that some said ordered. The motion to lay on the table was could not be done over the course of Mr. WARNER. Mr. President, I ex- agreed to. the last 3 days, but both managers said press my profound gratitude to the Mr. WARNER. I wish to thank all of we were going to do it. I congratulate members of the committee and, most our colleagues for their patience. I ask them for delivering on that commit- notably, the Presiding Officer. I ask unanimous consent that S. 1050, as ment. that the bill be read the third time. amended, be printed as passed. In a couple of moments, we will have The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without an additional vote on a Ninth Circuit further debate? objection, it is so ordered. court judge. If not, the question is on the engross- Mr. WARNER. I ask unanimous con- Before doing that, the Democratic ment and third reading of the bill. sent that the Senate proceed imme- leader and I wanted to have a general The bill was ordered to be engrossed diately to the consideration, en bloc, of understanding with our colleagues of for a third reading and was read the S. 1047 through S. 1049, Calendar Order where we are and where we will be third time. Nos. 93, 94, 95; that all after the enact- going over the next couple of days, or The PRESIDING OFFICER. The bill ing clause of those bills be stricken and next couple 12 hours, say, 18 hours. We having been read the third time, the that the appropriate portion of S. 1050, will see how long it will be. question is, Shall the bill pass? as amended, be inserted in lieu thereof It is my understanding we will be re- Mr. WARNER. Mr. President, I ask according to the schedule which I am ceiving sometime in the next hour the for the yeas and nays on passing of the sending to the desk; that these bills be conference report on the jobs and bill. advanced to third reading and passed, growth package. It will be filed shortly The PRESIDING OFFICER. Is there a the motions to reconsider en bloc be in the House. I don’t know exactly sufficient second? laid upon the table, and that the above what time that will be. We just left There is a sufficient second. actions occur without intervening ac- there. Hopefully, it will be in the next The clerk will call the roll. tion or debate. hour or so. It is my hope we will be The assistant legislative clerk called The PRESIDING OFFICER. Without able to begin debate tonight, following the roll. objection, it is so ordered. the vote on the judge, on the jobs and Mr. REID. I announce that the Sen- growth package. ator from Massachusetts (Mr. KERRY) f If that is the case, what I think, in is necessarily absent. DEPARTMENT OF DEFENSE AU- talking to the Democratic leader, we I further announce that, if present THORIZATION ACT FOR FISCAL would like to accomplish is the debate, and voting, the Senator from Massa- YEAR 2004 which statutorily would be 10 hours, chusetts (Mr. KERRY) would vote The bill (S. 1047) to authorize appro- would begin, although we will not offi- ‘‘yea’’. cially start the clock at that point, The PRESIDING OFFICER. Are there priations for fiscal year 2004 for mili- tary activities of the Department of right after the vote on the judicial any other Senators in the Chamber de- nominee. If that were acceptable to our siring to vote? Defense, to prescribe personnel strengths for such fiscal year for the colleagues, again, depending on what The result was announced—yeas 98, time the language arrived and papers nays 1, as follows: Armed Forces, and for other purposes, was considered, ordered to be engrossed could be filed, we would be able to vote [Rollcall Vote No. 194 Leg.] on final passage tomorrow morning. YEAS—98 for a third reading, read the third time, and passed, as amended. This is on the jobs and growth package. Akaka Dole Lott (The bill will be printed in a future That is not all the business and I will Alexander Domenici Lugar comment on the other business. Allard Dorgan McCain edition of the RECORD.) Allen Durbin Ideally, we would be able to vote McConnell f Baucus Edwards Mikulski sometime around 9:30 tomorrow, al- Bayh Ensign Miller MILITARY CONSTRUCTION AU- though we cannot say with certainty at Bennett Enzi Murkowski this juncture. Biden Feingold THORIZATION ACT FOR FISCAL Murray If that were the case and we were Bingaman Feinstein Nelson (FL) YEAR 2004 Bond Fitzgerald able to complete that vote, we still Nelson (NE) The bill (S. 1048) to authorize appro- Boxer Frist Nickles have the debt limit extension to ad- Breaux Graham (FL) Pryor priations for fiscal year 2004 for mili- Brownback Graham (SC) dress, which is something that we have Reed tary construction and for other pur- Bunning Grassley to, absolutely no question about it, Reid Burns Gregg poses, was considered, ordered to be en- Roberts deal with tomorrow. Everyone agrees Campbell Hagel grossed for a third reading, read the Rockefeller with that, although I do understand Cantwell Harkin Santorum third time, and passed, as amended. there will be amendments from the Carper Hatch (The bill will be printed in a future Chafee Hollings Sarbanes other side of the aisle to allow discus- Chambliss Hutchison Schumer edition of the RECORD.) Sessions sion. Some of those amendments will Clinton Inhofe f Cochran Inouye Shelby be substantive and useful to discuss Smith Coleman Jeffords DEPARTMENT OF ENERGY NA- and debate and some, hopefully, will Collins Johnson Snowe disappear, and we will talk about the Specter TIONAL SECURITY ACT FOR FIS- Conrad Kennedy issues at some point. I believe we are Cornyn Kohl Stabenow CAL YEAR 2004 Corzine Kyl Stevens talking about eight amendments. Craig Landrieu Sununu The bill (S. 1049) to authorize appro- We will have to pass the debt ceiling Crapo Lautenberg Talent priations for fiscal year 2004 for defense extension tomorrow. How many Daschle Leahy Thomas activities of the Department of Energy, Dayton Levin Voinovich amendments, we have not yet decided. DeWine Lieberman Warner and for other purposes, was considered, We have to wait until tomorrow. I am Dodd Lincoln Wyden ordered to be engrossed for a third not sure how long we need to talk on NAYS—1 reading, read the third time, and the debt ceiling, but if we had the vote passed, as amended. Byrd on the jobs and growth package at 9:30 (The bill will be printed in a future in the morning, I imagine there is a pe- NOT VOTING—1 edition of the RECORD.) riod we might be able to agree to to- Kerry f night—or may not—at which time we The bill (S. 1050), as amended, was start the amendment process and have passed. ORDER OF BUSINESS a series of amendments, hopefully one (The bill will be printed in a future The PRESIDING OFFICER. The ma- after another, or I would encourage edition of the RECORD.) jority leader. that to be the case. Mr. WARNER. Mr. President, I move Mr. FRIST. Mr. President, I thank People have a lot of commitments to- to reconsider the vote. the two managers for their hard work morrow and tomorrow evening. We

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6942 CONGRESSIONAL RECORD — SENATE May 22, 2003 want to do the business in a very delib- EXECUTIVE SESSION Justice Callahan was inducted into the erate way. That is a rough outline. San Joquin County Mexican-American Let me turn to my distinguished col- Hall of Fame. league, Senator DASCHLE, to comment. NOMINATION OF CONSUELO MARIA The Committee has received numer- Right now we are talking not unani- CALLAHAN, OF CALIFORNIA, TO ous letters supporting Justice Cal- mous consents but a general under- BE UNITED STATES CIRCUIT lahan’s nomination to the Ninth Cir- standing of how the next day will play JUDGE FOR THE NINTH CIRCUIT cuit. The La Raza Lawyer’s Associa- out. The PRESIDING OFFICER. Under tion of Sacramento described Justice Mr. DASCHLE. Mr. President, the the previous order, the Senate will pro- Callahan’s professional qualifications majority leader and I have been dis- ceed to executive session to consider in the following way: ‘‘as a state appel- cussing this now for the last several the following nomination, which the late court justice, her opinions have hours and he has described it accu- clerk will report. been detailed, thoughtful and sup- rately. Our hope is we can use this The assistant legislative clerk read portive of legal precedent. . . . She pos- evening productively, knowing that a the nomination of Consuelo Maria Cal- sesses both the intellect and tempera- lot of people have schedules tomorrow lahan, of California, to be United ment to be an outstanding justice of afternoon and tomorrow evening they States Circuit Judge for the Ninth Cir- the Ninth Circuit Court of Appeals.’’ will want to keep. cuit. The ten justices that serve with Jus- While it would be difficult for us to The PRESIDING OFFICER. Under tice Callahan on the Third Appellate agree at this point to begin the delib- the previous order, there are 10 min- District and work with her every day erative process on the conference re- utes evenly divided prior to the vote on also sent a letter to the Committee port until we have actually had a the nomination. praising her skills as a jurist. They chance to see it and review it, there is Who yields time? write, ‘‘During her more than six years no reason why we cannot begin the de- Mr. LEAHY. Have the yeas and nays on our court, Connie has shown that bate. been ordered on this nomination? she has the integrity, capacity, We are suggesting that we informally The PRESIDING OFFICER. They collegiality, and diligence to serve begin the debate, have people address have not. with distinction on the Ninth Circuit. the issues if they want to be heard on Mr. LEAHY. I ask for the yeas and Our only reservation in recommending the issues. If we can get a copy of a nays. her confirmation is that it will mean a conference report in the next couple of The PRESIDING OFFICER. Is there a significant loss to our court. We will hours, we may be in a position then to sufficient second? miss Connie’s energy and enthusiasm, retroactively agree to the time already There is a sufficient second. her legal skills, and the positive way in spent and make a commitment with re- The yeas and nays were ordered. which she fulfills her responsibilities gard to the time certain on the con- Mr. HATCH. Mr. President, I express as an appellate jurist.’’ ference report itself. That could be as my enthusiastic support for the con- Her colleagues’ loss will be the fed- early as tomorrow between 9:30 and 10. firmation of Consuelo Callahan to the eral judiciary’s gain, as I have great It would then be our hope we could Ninth Circuit Court of Appeals. Justice confidence that the beleaguered Ninth move to the debt limit. We are not sure Callahan is an outstanding nominee Circuit will greatly benefit from her yet how many amendments may be of- with broad support on both sides of the confirmation. I urge my colleagues to fered, but we will try to limit the aisle. She has the support of both of support this nomination. Mr. LEAHY. Mr. President, each of amount of time on each amendment so the distinguished senators from her the Senators from California would we can accommodate the schedules, home state of California, and she was unanimously approved by the Judici- like to speak. with the expectation that by early Mrs. FEINSTEIN. Mr. President, I ary Committee the day after her hear- afternoon we could depart. rise in support of Justice Callahan to The majority leader has articulated ing. go from the California State appellate Justice Callahan received her under- this understanding accurately and we court to the Ninth Circuit Court of Ap- graduate degree from Stanford Univer- will work with him to see if we can ac- peals. This woman was really born in complish this in the next few hours. sity and her law degree from McGeorge Senator BOXER’s and my backyard. She Mr. FRIST. Mr. President, let me School of Law. In 1976, she began her is a Bay area person. She was born in 10-year career as a Deputy District At- add, for tomorrow we do the jobs and Palo Alto. She attended Stanford, torney with the San Joaquin County growth package, we would take what graduated with honors, attended the time is necessary on the debt ceiling District Attorney’s Office where she University of the Pacific McGeorge extension, and then we also have one specialized in the prosecution of child Law School. She has been both a dep- other issue, which is unemployment in- abuse and sexual assault cases. During uty city attorney and deputy district surance, which we will be addressing her 10-year career as a prosecutor, she attorney. She founded the first child tomorrow. Again, all of this can be handled more than 50 jury trials. abuse unit in the DA’s Office of San done in a very short period of time. Justice Callahan also has first-hand Joaquin County. In 1996 she was ele- These are not new issues. In each and experience with breaking the gender vated to the State Court of Appeals every one of them, we know what the barrier. In 1992, she was appointed to from the Superior Court of San Joa- consequences are. They have been de- the Superior Court in San Joaquin quin County. She has served with dis- bated. The jobs and growth package we County, where she was the first female tinction for the past 6 years, has ex- talked a lot about, although it is not and Hispanic to serve on that court. traordinarily strong support. exactly as written now, but the issues She was also the first female member I certainly believe, and I believe Sen- we talked about and discussed. of two local social and service organi- ator BOXER concurs in this, that she is On all three of these issues, we will zations. In 1996, Justice Callahan be- going to be an excellent judge of the finish them. We could finish them, ac- came the first judge from San Joaquin Ninth Circuit Court of Appeals. I am tually, early afternoon tomorrow if we County to be elevated to the California delighted to support her and to rec- stay focused, and that will be my in- Court of Appeal in more than 73 years. ommend her and to vote for her. tent. I understand some people on the In addition to her outstanding career I yield the floor. other side of the aisle may want to as a prosecutor and a jurist, she has do- Mrs. BOXER. Mr. President, I am talk on the debt ceiling and possibly nated her time to organizations in- very pleased to join with my colleague, unemployment insurance as well. volved in addressing the problem of Senator FEINSTEIN, in support of this I think if we work together in a col- child abuse and sexual assault and has fine nominee, legial way, we will be able to complete received an award for her work in this To support Consuelo ‘‘Connie’’ Cal- all of this legislation. Again, it has area. She has received other awards lahan to be a judge for the U.S. Circuit been an ambitious schedule for the during her career, including the Gov- Court of Appeals for the Ninth Circuit. week, but based on what we have seen ernor’s award for Criminal Justice Pro- Judge Callahan is a native Califor- over the last 3 years, we are making grams and the Susan B. Anthony award nian, born in Palo Alto. She is a grad- progress as we go forward. for Women of Achievement. In 1999, uate of Stanford University and the

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6943 McGeorge School of Law at the Univer- line for committee hearings and floor Federal bench. Indeed, Democrats in sity of the Pacific. votes. I noted in a statement last week the Senate have worked to expedite She was the first female and the first to make the point that the nomination fair consideration of every Latino Hispanic judge to sit on the San Joa- of Judge Callahan to the Ninth Circuit nominee this President has made to quin County Superior Court. She cur- Court of Appeals was cleared on the the Federal trial courts in addition to rently serves on the Third District Democratic side. the nominations of Judge Prado and Court of Appeals located in Sac- We still do not know who on the Re- Judge Callahan. ramento. publican side delayed consideration of As I have noted throughout the last 2 She has been a champion of pro- the consensus nomination of Judge years, the Senate is able to move expe- tecting children. When she served as a Prado for a month. I thank the Con- ditiously when we have consensus prosecutor, she focused on major felony gressional Hispanic Caucus for its sup- nominees to consider. In a recent col- prosecutions in the area of child abuse. port of that nomination as well as for umn, David Broder noted that he asked She has received public recognition for its support of Judge Callahan, and for Alberto Gonzales if there was a lesson her work on this issue. working with the Senate to bringing in Judge Prado’s easy approval, but She also is a former board member fair evaluation of these nominees and that Mr. Gonzales missed the point. In and President of the San Joaquin for adding their voice to the discussion Mr. Broder’s mind: ‘‘The lesson seems County Child Abuse Prevention Center. of these lifetime appointments. obvious. Conservatives can be con- I applaud her involvement in this very It is most unfortunate that so many firmed for the courts when they are serious cause. partisans in this administration and on well known in their communities and a I am pleased to join with my col- the other side of the aisle insist on bog- broad range of their constituents have league, Senator FEINSTEIN, to support ging down consensus matters and con- reason to think them fair-minded.’’ this nominee. In addition to having the sensus nominees in order to focus ex- Judge Consuelo Callahan is another support of both of her home-state sen- clusively on the most divisive and con- such nominee. ators, Judge Callahan received unani- troversial of this President’s nominees With this confirmation, the Senate mous support from the Judiciary Com- as he continues his efforts to pack the will have confirmed 126 judges, includ- mittee. courts. Democratic Senators have ing 24 circuit court nominees, nomi- I urge my colleagues to join us in worked very hard to cooperate with nated by President Bush, 100 in the 17 supporting this well-qualified, main- this administration in order to fill ju- months in which Democrats comprised stream nominee. dicial vacancies. What the other side the Senate majority. The lesson that Mr. LEAHY. Mr. President, today, we seeks to obscure is our effort, our fair- less controversial nominees are consid- vote to confirm Judge Consuelo Maria ness and the progress we have been ered and confirmed more easily was the Callahan to serve on the United States able to achieve without much help lesson of the last 2 years, but that les- Court of Appeals for the Ninth Circuit. from the other side or the administra- son has been lost on this White House and the current Senate leadership. This is another judicial nominee of tion. One hundred judicial nominees were President Bush whom Senate Demo- The fact is that when Democrats be- confirmed when Democrats controlled crats have strongly supported and came the Senate majority in the sum- the Senate for 17 months, and 26 have whose consideration we had expedited mer of 2001, we inherited 110 judicial been confirmed in the other 12 months through the Judiciary Committee. vacancies. Over the next 17 months, de- in which Republicans have controlled I thank the Democratic leader and spite constant criticism from the ad- the confirmation process under Presi- assistant leader for supporting Judge ministration, the Senate proceeded to dent Bush. This total of 126 judges con- Callahan’s nomination and working confirm 100 of President Bush’s nomi- firmed for President Bush is more con- out this arrangement with the Repub- nees, including several who were divi- firmations than the Republicans al- lican leadership so that this consensus sive and controversial, several who had lowed President Clinton in all of 1995, nomination can be considered without mixed peer review ratings from the 1996 and 1997 the 3 full years of his last further delay. I appreciate that the ma- ABA and at least 1 who had been rated term. In those 3 years, the Republican jority leader has been willing to work not qualified. Despite the additional 40 leadership in the Senate allowed only with us to allow this nomination to go vacancies that arose, we reduced judi- 111 judicial nominees to be confirmed, forward today. cial vacancies to 60, a level below that which included only 18 circuit court I still do not know who on the Repub- termed ‘‘full employment’’ by Senator judges. We have already exceeded that lican side delayed consideration of this HATCH. Since the beginning of this total by 13 percent and the circuit consensus nominee. Just as Senate year, in spite of the Republican’s fixa- court total by 33 percent before Memo- Democrats last month cleared the tion on the President’s most controver- rial Day and with 7 months remaining nomination of Judge Edward Prado to sial nominations, we have worked hard to us this year. the United States Court of Appeals for to reduce judicial vacancies even fur- Today’s confirmation makes the sev- the Fifth Circuit without delay, so, ther. As of today, the number of judi- enth court of appeals nominee con- too, the nomination of Judge Callahan cial vacancies has been reduced to 45 firmed by the Senate just this year. to the Ninth Circuit was cleared on the and is the lowest it has been in 13 That meets the annual average Democratic side promptly. All Demo- years. That is lower than at any time achieved by Republican leadership cratic Senators serving on the Judici- during the entire 8 years of the Clinton from 1995 through the early part of ary Committee voted to report her administration. We have already re- 2001. The Republicans have now nomination favorably. All Democratic duced judicial vacancies from 110 to 45, achieved as much in less than 5 months Senators indicated that they were in 2 years. We have reduced the va- for President Bush as they used to al- eager to proceed with her nomination cancy rate from 12.8 percent to 5.2 per- lowed the Senate to achieve in a full and, after a reasonable period of de- cent, the lowest it have been in the last year with President Clinton. They are bate, vote on her nomination. two decades. With some cooperation moving two to three times faster for Unlike the divisive nomination of from the administration, think of the this President’s nominees, despite the Carolyn Kuhl to the same court, both additional progress we could be mak- fact that the current appellate court home-State Senators support the nomi- ing. nominees are more controversial, divi- nation of Judge Callahan and she is ex- Earlier this month, we were able to sive and less widely supported than pected to be confirmed by an extraor- obtain Senate consideration of the President Clinton’s appellate court dinary majority—maybe unanimously. nomination of Judge Prado, and an- nominees were. Rather than disregarding time-honored other distinguished Hispanic nominee, Understand that if the Senate did not rules and Senate practices, I urged my Judge Cecilia Altonaga, to be a Federal confirm another judicial nominee all friends on the other side of the aisle to judge in Florida. We expedited consid- year and simply adjourned today, we help us fill more judicial vacancies eration of that nominee at the request would have treated President Bush more quickly by bringing those nomi- of Senator GRAHAM of Florida. I am more fairly and would have acted on nations that have bipartisan support, told that she is the first Cuban-Amer- more of his judicial nominees than Re- like Judge Callahan, to the front of the ican woman to be confirmed to the publicans did for President Clinton in

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6944 CONGRESSIONAL RECORD — SENATE May 22, 2003 1995 to 1997. In addition, the 45 vacan- withdraw his nomination. I understand Florida, U.S. Magistrate Judge Alia cies on the Federal courts around the his frustration. If this administration Ludlum, and Judge Jose Linares of country are significantly lower than is not going to follow the practice of New Jersey to the district courts. This the 80 vacancies Republicans left at the every other administration and share year, we also confirmed Judge James end of 1997. Of course, the Senate is not with the Senate the government work Otero of California, and we would have adjourning for the year and Chairman papers of the nominee—the very prac- held his confirmation hearing last year HATCH continues to hold hearings for tice this administration followed with if his ABA peer rating had been deliv- Bush judicial nominees at between two its own EPA nominee in 2001—then I ered to us in time for the scheduling of and four times as many as he did for can understand him not wanting to be our last hearing. As I have noted, we President Clinton’s. used as a political pawn by the admin- also have recently confirmed Judge Unfortunately, far too many of this istration to score partisan, political Cecilia Altonaga and Judge Edward President’s nominees raise serious con- points. That the administration has Prado with unanimous Democratic sup- cerns about whether they will be fair not acceded to his reported request but port. judges to all parties on all issues. has plowed ahead to force a succession Judge Callahan’s nomination was de- Those types of nominees should not be of unsuccessful cloture votes and to fo- layed on the Senate executive calendar rushed through the process. I regret ment division in the Hispanic commu- unnecessarily in my view. I am pleased the administration’s refusal to work nity for partisan gain is another exam- to see that at the urging of the Demo- with us to end the impasse it has cre- ple of how far this administration is cratic leadership—the Republican ma- ated in connection with the Estrada willing to go to politicize the process jority has agreed to bring up this nomination. The partisan politics of di- at the expense of its own nominees. uncontroversial Latina nominee for a vision that the administration is prac- Judge Callahan is a fine candidate for vote. I congratulate Judge Callahan ticing with respect to that nomination elevation to the appeals court. She has and her family on her confirmation. are not helpful and not respectful of years of experience serving on the Mr. President, I thank both the ma- the damage done to the Hispanic com- bench in the state of California, first jority leader and the distinguished munity by insisting on so divisive a on the California Superior Court and Democratic leader for clearing this ac- nominee. then on the California Court of Appeal. tion. We have tried on this side of the I invite the President to work with She enjoys the full support of the Con- aisle for some time to clear this nomi- us and to nominate more mainstream gressional Hispanic Caucus. Not a sin- nation. I appreciate my friends on the individuals like Judge Prado and Judge gle person or organization has sub- Republican side lifting their hold. I Callahan with proven records and bi- mitted a letter of opposition or raised support the nominee and yield back all partisan support. In connection with concerns about her. No controversy. No time. the unexplained Republican delay be- red flags. No basis for concern. No op- The PRESIDING OFFICER. All time fore consideration of the nomination of position. This explains why her nomi- is yielded back. The question is, will Judge Prado, some suggested that nation was voted out of the Judiciary the Senate advise and consent to the Judge Prado had been delayed because Committee with a unanimous, bipar- nomination of Consuelo Maria Cal- Democratic Senators were likely to tisan vote on an expedited basis. lahan, of California, to be United vote for him and thereby undercut the During President Clinton’s tenure, 10 States Circuit Judge for the Ninth Cir- Republican’s shameless charge that op- of his more than 30 Latino nominees, cuit? On this question, the yeas and position to Miguel Estrada is based on including Judge Rangel, Enrique nays have been ordered, and the clerk his ethnicity. Moreno, and Christine Arguello to the will call the roll. We all know that the White House circuit courts, were delayed or blocked The legislative clerk called the roll. could have cooperated with the Senate from receiving hearings or votes by the Mr. REID. I announce that the Sen- by producing Mr. Estrada’s work pa- Republican leadership. Republicans de- ator from Massachusetts (Mr. KERRY) pers. This would have enabled the Sen- layed consideration of a well-qualified is necessarily absent. ate to have voted on the Estrada nomi- Hispanic nominee to the Ninth Circuit, I further announce that, if present nation months ago. The request for his Judge Richard Paez for over 1,500 days, and voting, the Senator from Massa- work papers was sent last May 15 and and 39 Republicans voted against him. chusetts (Mr. KERRY) would vote has been outstanding for more than a The confirmations of Latina circuit ‘‘aye.’’ year. Rather than respond as every nominees Rosemary Barkett and Sonia The PRESIDING OFFICER. Are there other administration has over the last Sotomayor were also delayed by Re- any other Senators in the Chamber de- 20 years and provide access to those pa- publicans. Judge Barkett was targeted siring to vote? pers, this White House has stonewalled. for delay and defeat by Republicans The result was announced—yeas 99, Rather than follow the policy of open- based on claims about her judicial phi- nays 0, as follows: ness outlined by Attorney General losophy, but those efforts were not suc- [Rollcall Vote No. 195 Ex.] Robert Jackson in the 1940s, this ad- cessful. After significant delays and an ministration has stonewalled. And Re- unsuccessful Republican filibuster, 36 YEAS—99 publican Senators and other partisans Republicans voted against the con- Akaka Craig Jeffords Alexander Crapo Johnson could not wait to claim that the im- firmation of Judge Barkett. Addition- Allard Daschle Kennedy passe created by the White House’s ally, Judge Sotomayor, who had re- Allen Dayton Kohl change in policy and practice with re- ceived the ABA’s highest rating and Baucus DeWine Kyl Bayh Dodd Landrieu spect to nominations was somehow at- had been appointed to the district Bennett Dole Lautenberg tributable to Democrats being anti- court by President George H.W. Bush, Biden Domenici Leahy Hispanic. The charge would be laugh- was targeted by Republicans for delay Bingaman Dorgan Levin able if it were not so calculated to do or defeat when she was nominated to Bond Durbin Lieberman Boxer Edwards Lincoln political damage and to divide the His- the Second Circuit. She was eventually Breaux Ensign Lott panic community. That is what Repub- confirmed, although 29 Republicans Brownback Enzi Lugar lican partisans hope is the result. That voted against her. Bunning Feingold McCain The fact is that the Latino nomina- Burns Feinstein McConnell is wrong. Byrd Fitzgerald Mikulski Unfortunately, in the case of Mr. tions that the Senate has received from Campbell Frist Miller Estrada, the administration has made this administration have been acted Cantwell Graham (FL) Murkowski no effort to work with us to resolve the upon in an expeditious manner. They Carper Graham (SC) Murray Chafee Grassley Nelson (FL) impasse. Instead, there has been a se- have overwhelmingly enjoyed bipar- Chambliss Gregg Nelson (NE) ries of votes on cloture petitions in tisan support. Under the Democrat- Clinton Hagel Nickles which the opposition has grown and ically led Senate, we swiftly granted Cochran Harkin Pryor from time to time the support has hearings for and eventually confirmed Coleman Hatch Reed Collins Hollings Reid waned. Recently, there have been press Judge Christina Armijo of New Mexico, Conrad Hutchison Roberts reports indicating that Mr. Estrada Judge Phillip Martinez and Randy Cornyn Inhofe Rockefeller asked the White House months ago to Crane of Texas, Judge Jose Martinez of Corzine Inouye Santorum

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 2003 CONGRESSIONAL RECORD — SENATE S6945 Sarbanes Snowe Talent ter that we wish to wrap up with a UC hold my UC request and yield to the Schumer Specter Thomas Sessions Stabenow Voinovich request. Senator from Utah. He has one. Shelby Stevens Warner The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The re- Smith Sununu Wyden ator from Nevada. quest is withheld. Mr. REID. Mr. President, I ask unan- NOT VOTING—1 The Senator from Utah. imous consent that at a time to be de- Kerry termined by the majority leader, after The nomination was confirmed. consultation with the Democratic lead- f The PRESIDING OFFICER. Under er, but no later than June 27, the Sen- the previous order, the President shall ate proceed to a bill introduced by Sen- MORNING BUSINESS be immediately notified of the Senate’s ators REID and DORGAN on the subject Mr. HATCH. Mr. President, I ask action. of concurrent receipts, the text of unanimous consent that there now be a f which is at the desk, S. 392. I further period of morning business with Sen- ask unanimous consent that no amend- LEGISLATIVE SESSION ators permitted to speak for up to 10 ments be in order to the bill, and that minutes each. The PRESIDING OFFICER. Under there be 60 minutes equally divided for The PRESIDING OFFICER. Without the previous order, the Senate will re- debate in the usual form. Finally, I ask turn to legislative session. unanimous consent that following the objection, it is so ordered. The Senator from Virginia. use or yielding back of that time, the Mr. HATCH. Mr. President, I further ask unanimous consent that I be recog- f bill be read a third time and the Senate proceed to a vote on passage of the bill, nized to speak for up to 15 minutes, and UNANIMOUS CONSENT REQUEST— with no intervening action or debate. that following my remarks, Senator S. 392 The PRESIDING OFFICER. Is there BEN NELSON be recognized for up to 15 Mr. WARNER. Mr. President, I have objection? minutes. been working with the distinguished Mr. REID. Mr. President, we just got The PRESIDING OFFICER. Without Democratic whip. There is a small mat- a call from the cloakroom, so I with- objection, it is so ordered.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR FRIDAY, MAY 23, 2003 In addition, we will be considering in REAR ADM. (LH) HARVEY E. JOHNSON, 0000 REAR ADM. (LH) DAVID W. KUNKEL, 0000 Mr. FRIST. Mr. President, I ask all likelihood the unemployment com- REAR ADM. (LH) DAVID B. PETERMAN, 0000 pensation initiative at some point to- unanimous consent that when the Sen- IN THE AIR FORCE ate completes its business today, it morrow, most probably following the debt limit legislation. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED stand in adjournment until 8:30 a.m., STATES OFFICER FOR APPOINTMENT IN THE RESERVE Friday, May 23. I further ask that fol- I would alert Members at this time OF THE AIR FORCE TO THE GRADE INDICATED UNDER lowing the prayer and pledge, the that tomorrow will be a very busy day, TITLE 10, U.S.C., SECTION 12203: morning hour be deemed expired, the starting early in the morning with a To be major general number of rollcall votes expected Journal of proceedings be approved to BRIG. GEN. DOUGLAS BURNETT, 0000 date, the time for the two leaders be throughout the day. I encourage Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT reserved for their use later in the day, ators to make the necessary scheduling IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- and the Senate then resume consider- arrangements to accommodate the vot- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ation of the conference report to ac- ing on these important issues. To be brigadier general company H.R. 2, the jobs and economic f growth bill, as provided under the pre- COL. CRAIG S. FERGUSON, 0000 ADJOURNMENT UNTIL 8:30 A.M. vious agreement. IN THE MARINE CORPS TOMORROW The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. Mr. FRIST. If there is no further IN THE UNITED STATES MARINE CORPS TO THE GRADE business to come before the Senate, I INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- f TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., ask unanimous consent that the Sen- SECTION 601: PROGRAM ate stand in adjournment under the Mr. FRIST. For the information of previous order. To be lieutenant general all Senators, tomorrow the Senate will There being no objection, the Senate, MAJ. GEN. JAN C. HULY, 0000 resume debate on the conference report at 10:34 p.m., adjourned until Friday, IN THE NAVY to accompany H.R. 2, the jobs and eco- May 23, 2003, 8:30 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT nomic growth bill. Under the previous f AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES order, the Senate will vote on the adop- NAVY AND APPOINTMENT TO THE GRADE INDICATED NOMINATIONS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND tion of the conference report tomorrow Executive nominations received by RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 morning at 9:30. The 9:30 a.m. vote on the Senate May 22, 2003: AND 5035: the conference report will be the first THE JUDICIARY To be admiral vote tomorrow. Following the disposition of the con- BRIAN F. HOLEMAN, OF THE DISTRICT OF COLUMBIA, VICE ADM. MICHAEL G. MULLEN, 0000 TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ference report, the Senate will consider OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- IN THE UNITED STATES 1NAVY TO THE GRADE INDI- the debt limit extension legislation. TEEN YEARS, VICE MARY ELLEN ABRECHT, RETIRED. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE COAST GUARD AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Amendments to the measure are ex- 601: pected throughout the morning and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES COAST GUARD RESERVE TO THE To be admiral therefore rollcall votes will occur GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: throughout the afternoon. It is my To be rear admiral ADM. EDMUND P. GIAMBASTIANI JR., 0000 hope that Members will show restraint REAR ADM. (LH) DUNCAN C. SMITH, 0000 FOREIGN SERVICE in the number of amendments offered THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING-NAMED PERSONS OF THE AGENCIES to the debt limit legislation, and we IN THE UNITED STATES COAST GUARD TO THE GRADE IN- INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- could thereby complete action on this DICATED UNDER TITLE 14, U.S.C., SECTION 271: FICERS OF THE CLASS STATED, AND ALSO FOR THE To be rear admiral OTHER APPOINTMENTS INDICATED HEREWITH: necessary measure early tomorrow FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF afternoon. REAR ADM. (LH) SALLY BRICE-O’HARA, 0000 CLASS THREE, CONSULAR OFFICER AND SECRETARY IN

VerDate Mar 15 2010 21:50 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 9801 E:\2003SENATE\S22MY3.REC S22MY3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6946 CONGRESSIONAL RECORD — SENATE May 22, 2003

THE DIPLOMATIC SERVICE OF THE UNITED STATES OF RAMONA G. DUNN, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, AMERICA: MICHAEL B. ELIESON, OF TEXAS CLASS OF COUNSELOR, IN THE DIPLOMATIC SERVICE OF KIERA LACEY EMMONS, OF CALIFORNIA THE UNITED STATES OF AMERICA: DEPARTMENT OF AGRICULTURE JEROME NORBERT EPPING JR., OF NEW MEXICO ALI ABDI, OF VIRGINIA ERIN M. EWART, OF VIRGINIA DEPARTMENT OF STATE JUDE AKHIDENOR, OF VIRGINIA MARY FISK-TELCHI, OF ARKANSAS DEANNA M. AYALA, OF THE DISTRICT OF COLUMBIA REBECCA A. FONG, OF CALIFORNIA LAWRENCE C. MANDEL, OF MASSACHUSETTS CHRISTOPHER T. FRIEFELD, OF VIRGINIA KEVIN LATNER, OF CALIFORNIA f KEVIN L. SAGE-EL, OF MARYLAND THOMAS BARRY FULLERTON JR., OF THE DISTRICT OF ERIC B. TRACHTENBERG, OF NEW YORK COLUMBIA JONATHAN GANNON, OF VIRGINIA CONFIRMATIONS DEPARTMENT OF STATE KATHERINE L. GILES, OF VIRGINIA Executive nominations confirmed by JEFFREY DAVID GRAHAM, OF THE DISTRICT OF COLUM- HENRY A. LEIGHTON JR., OF CALIFORNIA BIA the Senate May 22, 2003: BRIAN GEORGE HEATH, OF NEW JERSEY CANDACE A. GRAVES, OF NORTH CAROLINA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MICHAEL W. GRAY, OF LOUISIANA DEPARTMENT OF HOUSING AND URBAN CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN CATHERINE I. GULYAN, OF COLORADO DEVELOPMENT THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CHRISTOPHER J. GUNNING, OF TEXAS AMERICA: DANIELLE ALISA HARMS, OF PENNSYLVANIA STEVEN B. NESMITH, OF PENNSYLVANIA, TO BE AN AS- DEPARTMENT OF AGRICULTURE SCOTT E. HARTMANN, OF THE DISTRICT OF COLUMBIA SISTANT SECRETARY OF HOUSING AND URBAN DEVEL- CYNTHIA R. HARVEY, OF VIRGINIA OPMENT. KIMBERLY L. SVEC, OF WASHINGTON CHARLES V. HAWLEY, OF VIRGINIA TODD MARTIN HAZELBARTH, OF VIRGINIA NATIONAL INSTITUTE OF BUILDING SCIENCES DEPARTMENT OF STATE NICHOLAS J. HEGARTY, OF NEW JERSEY LANE CARSON, OF LOUISIANA, TO BE A MEMBER OF CLAY KRAUSS ADLER, OF CALIFORNIA KEVAN HIGGINS, OF THE DISTRICT OF COLUMBIA SHAROLYN HIGGINS, OF VIRGINIA THE BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE PATRICIA AGUILERA, OF TEXAS OF BUILDING SCIENCES FOR A TERM EXPIRING SEP- ERIC CHARLES ANDERSON, OF ILLINOIS SARAH PRICE HORTON, OF FLORIDA TEMBER 7, 2004. DAVID R. ATKINSON, OF VIRGINIA MARK HOUGAARD, OF VIRGINIA JAMES BROADDUS, OF TEXAS, TO BE A MEMBER OF JOSEPH J. BEDESSEM, OF VIRGINIA WILLIAM B. HURD, OF THE DISTRICT OF COLUMBIA THE BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE MIKAEL CLEVERLEY, OF CALIFORNIA MICHELE A. JAROSINSKI, OF VIRGINIA OF BUILDING SCIENCES FOR A TERM EXPIRING SEP- TEMBER 7, 2004. KIA JEANNINE COLEMAN, OF MARYLAND DANIEL JEON, OF VIRGINIA ANDREW JOHNSON, OF WASHINGTON JOSE TERAN, OF FLORIDA, TO BE A MEMBER OF THE CRAIG M. CONWAY, OF NEVADA BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF MICHELE J. DASTIN-VAN RIJN, OF MARYLAND CATHERINE L. KEANE, OF THE DISTRICT OF COLUMBIA BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER CYNTHIA A. EBEID, OF THE DISTRICT OF COLUMBIA ANDREW F. KERR, OF VIRGINIA 7, 2005. NICOLAS ANTOINE FETCHKO, OF VIRGINIA MARY-ELIZABETH KNAPP, OF NORTH CAROLINA MORGAN EDWARDS, OF NORTH CAROLINA, TO BE A DAVID L. FISHER, OF CALIFORNIA RYAN JOHN KOCH, OF COLORADO MEMBER OF THE BOARD OF DIRECTORS OF THE NA- STEPHEN THOMAS FRAHM, OF NEVADA KAWEEM MOHAMMAD KOSHAN, OF VIRGINIA TIONAL INSTITUTE OF BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER 7, 2005. KENDRA L. GAITHER, OF VIRGINIA JOSEPH D. LACROSSE, OF VIRGINIA RICHARD H. GLENN, OF NEW MEXICO MARSHA ANN LANCE, OF FLORIDA TOBIAS HENRY GLUCKSMAN, OF NEW YORK JENNIFER LARSON, OF NEW HAMPSHIRE EXECUTIVE OFFICE OF THE PRESIDENT CHRISTOPHER GEORGE LESLIE, OF VIRGINIA JASON BAIRD GRUBB, OF VIRGINIA NICHOLAS GREGORY MANKIW, OF MASSACHUSETTS, TO KRISTIN R. GUSTAVSON, OF CALIFORNIA VLAD LIPSCHUTZ, OF NEW YORK BE A MEMBER OF THE COUNCIL OF ECONOMIC ADVISERS. HENRY R. HAGGARD, OF VIRGINIA BONNIE D. LONG, OF FLORIDA DAVID A. LYON, OF VIRGINIA CRAIG L. HALL, OF FLORIDA DEPARTMENT OF STATE MORGAN C. HALL, OF CALIFORNIA ERNEST V. MALATO III, OF VIRGINIA JULIA HARLAN, OF INDIANA CATHERINE V. MARINIS, OF VIRGINIA JEFFREY LUNSTEAD, OF THE DISTRICT OF COLUMBIA, KRISTI DIANNE HOGAN, OF CALIFORNIA PETER H. MARTIN, OF THE DISTRICT OF COLUMBIA A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DONNA LEIGH HOPKINS, OF TEXAS JOHN TIMOTHY MAYS, OF NORTH CAROLINA CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR MATTHEW EDWARD KEENE, OF PENNSYLVANIA SHANNON TOVAN MCDANIEL, OF THE DISTRICT OF CO- EXTRAORDINARY AND PLENIPOTENTIARY OF THE MARTIN T. KELLY, OF MARYLAND LUMBIA UNITED STATES OF AMERICA TO THE DEMOCRATIC SO- CIALIST REPUBLIC OF SRI LANKA, AND TO SERVE CON- ANTHONY J. KLEIBER, OF ILLINOIS MATTHEW J. MILLER, OF WYOMING CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION ERIC W. KNEEDLER, OF PENNSYLVANIA WALTER R. MILLER, OF CONNECTICUT AS AMBASSADOR EXTRAORDINARY AND PLENI- NANCY W. LEOU, OF CALIFORNIA ADAM B. MOBARIK, OF VIRGINIA POTENTIARY OF THE UNITED STATES OF AMERICA TO VICTORIA C. MALZONE, OF MASSACHUSETTS JOSEPH MOONE, OF VIRGINIA THE REPUBLIC OF MALDIVES. CHARLES K. MAY, OF WASHINGTON DAVID WAYNE MOYER, OF MARYLAND JAMES B. FOLEY, OF NEW YORK, A CAREER MEMBER OF DAVID MICHAEL MERON, OF FLORIDA TERRY L. MURPHREE, OF MARYLAND THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, MITCHELL ROLAND MOSS, OF TEXAS TO BE AMBASSADOR EXTRAORDINARY AND PLENI- JAI L. NAIR, OF MARYLAND POTENTIARY OF THE UNITED STATES OF AMERICA TO PERLITA W. MUIRURI, OF VIRGINIA SIRIANA KVALVIK NAIR, OF MARYLAND THE REPUBLIC OF HAITI. ROBERT JOHN PALLADINO JR., OF VIRGINIA KEISHA P. NEAMO, OF THE DISTRICT OF COLUMBIA STEVEN A. BROWNING, OF TEXAS, A CAREER MEMBER LISA JEAN PITTMAN, OF CALIFORNIA AARON C. OLSA, OF VIRGINIA OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- WILLIAM WAYNE POPP, OF VIRGINIA BRYAN OLTHOF, OF VIRGINIA COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JONATHAN GOODALE PRATT, OF CALIFORNIA LESLIE T. ORDEMAN, OF NEW YORK MARY BRETT ROGERS, OF CALIFORNIA TO THE REPUBLIC OF MALAWI. ANDRES PAZ, OF THE DISTRICT OF COLUMBIA HARRY K. THOMAS, JR., OF NEW YORK, A CAREER MEM- RACHEL SCHOFER, OF PENNSYLVANIA ROBERT P. PECK, OF FLORIDA BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- SUZANNE A. SHELDON, OF NEW HAMPSHIRE DEBORAH Y. PEDROSO, OF CALIFORNIA SELOR, TO BE AMBASSADOR EXTRAORDINARY AND IAN M. SHERIDAN, OF CALIFORNIA MARY ANN PEFFER, OF VIRGINIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA SHELBY V.V. SMITH-WILSON, OF VIRGINIA MAURA VAUGHAN PELLET, OF NEVADA TO THE PEOPLE’S REPUBLIC OF BANGLADESH. DAVID JONATHAN TESSLER, OF NEW YORK RICHARD W. ERDMAN, OF MARYLAND, A CAREER MEM- AARON MICHAEL PERRINE, OF WASHINGTON BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ERIC WATNIK, OF CALIFORNIA JENNIFER PETERSON, OF FLORIDA ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- HANS F. WECHSEL, OF IDAHO RICHARD J. PETERSON, OF UTAH DINARY AND PLENIPOTENTIARY OF THE UNITED STATES AMY MARIE WILSON, OF MASSACHUSETTS JOSHUA WILEY POLACHECK, OF ARIZONA OF AMERICA TO THE PEOPLE’S DEMOCRATIC REPUBLIC CHARLES AUGUSTUS WINTERMEYER JR., OF WASH- ROBERT JASPER POPE, OF MINNESOTA OF ALGERIA. INGTON JENNIFER KATHLEEN PURL, OF CALIFORNIA MICHAEL B. ENZI, OF WYOMING, TO BE A REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE SARAH MORRIS RADT, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY MARION HEYNA RAM, OF CALIFORNIA SERVICE OF THE DEPARTMENTS OF STATE AND COM- OF THE UNITED NATIONS. LARILYN L. REFFETT, OF ILLINOIS PAUL SARBANES, OF MARYLAND, TO BE A REPRESENT- MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- CHERYL I. RICE, OF THE DISTRICT OF COLUMBIA ATIVE OF THE UNITED STATES OF AMERICA TO THE TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED BRUCE O. RIEDEL, OF VIRGINIA FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY STATES OF AMERICA, AS INDICATED: OF THE UNITED NATIONS. JASON B. RIEFF, OF THE DISTRICT OF COLUMBIA CONSULAR OFFICERS AND SECRETARIES IN THE DIP- JAMES SHINN, OF NEW JERSEY, TO BE A REPRESENTA- SCOTT ASHTON ROBINSON, OF CALIFORNIA LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: TIVE OF THE UNITED STATES OF AMERICA TO THE RUSSELL C. ROBY, OF VIRGINIA FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY DEPARTMENT OF COMMERCE JENNIFER LEE ROQUE, OF MASSACHUSETTS OF THE UNITED NATIONS. ADAM DOUGLAS ROSS, OF CONNECTICUT CYNTHIA COSTA, OF SOUTH CAROLINA, TO BE AN AL- DARREL W.C. CHING, OF GEORGIA ERIC A. SALZMAN, OF NEW MEXICO TERNATE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE FIFTY-SEVENTH SESSION OF THE GEN- DEPARTMENT OF STATE BRIANA L.M. SAUNDERS, OF MINNESOTA ERAL ASSEMBLY OF THE UNITED NATIONS. CAROLYN A. SCHERER, OF FLORIDA RALPH MARTINEZ, OF FLORIDA, TO BE AN ALTERNATE ERNEST J. ABISELLAN, OF FLORIDA TAMER SHARKAWY, OF VIRGINIA REPRESENTATIVE OF THE UNITED STATES OF AMERICA PAUL S. AGUE, OF VIRGINIA MARILYN D. SIRI, OF VIRGINIA TO THE FIFTY-SEVENTH SESSION OF THE GENERAL AS- LAURA T. BARBORIAK, OF VIRGINIA DEMIAN SMITH, OF VIRGINIA SEMBLY OF THE UNITED NATIONS. PAUL J. BARRY, OF VIRGINIA TIMOTHY G. SMITH, OF WASHINGTON THE ABOVE NOMINATIONS WERE APPROVED SUBJECT WENDY LYNN BERG, OF VIRGINIA TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- AARON DAVID SNIPE, OF NEW YORK QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ELLEN S. BIENSTOCK, OF PENNSYLVANIA CHRISTOPHER KIRKLAND SNIPES, OF CALIFORNIA CONSTITUTED COMMITTEE OF THE SENATE. DAN BIERS, OF CALIFORNIA STEVE J. SO, OF VIRGINIA BRIAN EDWARD BOLTON, OF VIRGINIA MARGARET A. SORENSON, OF VIRGINIA UNITED STATES SENTENCING COMMISSION TREVOR W. BOYD, OF NEW JERSEY DEREK SPEAKMON, OF THE DISTRICT OF COLUMBIA JOSEPH M. BOYLE, OF VIRGINIA MARK EMANUEL STROH, OF PENNSYLVANIA MICHAEL E. HOROWITZ, OF MARYLAND, TO BE A MEM- DANNA JULIE BRENNAN, OF THE DISTRICT OF COLUMBIA SUZANNE M. SUMMERS, OF THE DISTRICT OF COLUMBIA BER OF THE UNITED STATES SENTENCING COMMISSION TIMOTHY S. BRISCO, OF VIRGINIA DOUGLAS MICHAEL SWIGERT, OF VIRGINIA FOR A TERM EXPIRING OCTOBER 31, 2007. CHRISTOPHER CHARLES BROWN, OF WISCONSIN OSMAN N. TAT, OF MARYLAND RICARDO H. HINOJOSA, OF TEXAS, TO BE A MEMBER OF THE UNITED STATES SENTENCING COMMISSION FOR A LAWRENCE J. BURKHART, OF MARYLAND KATYA THOMAS, OF MARYLAND TERM EXPIRING OCTOBER 31, 2007. DANNIE L. BUTLER, OF VIRGINIA PAUL STERLING THOMAS, OF COLORADO JEREMY D. CADDEL, OF TEXAS KRISTIN L. WESTPHAL, OF NEW YORK THE JUDICIARY SONIA L. CALCAGNO, OF VIRGINIA JOHN D. WILCOCK, OF CONNECTICUT JENNIFER A. CARA, OF VIRGINIA JAMES BENTON WILLIAMS, OF MARYLAND CONSUELO MARIA CALLAHAN, OF CALIFORNIA, TO BE ANTHONY P. CATINELLA, OF VIRGINIA CHRISTOPHER J. YOUNG, OF VIRGINIA UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIR- MICHAEL JUSTIN CHADWICK, OF VIRGINIA STACIE ZERDECKI, OF TEXAS CUIT. LYRA S. CHIDONI, OF VIRGINIA WILLIAM MONROE COLEMAN IV, OF NORTH CAROLINA THE FOLLOWING-NAMED CAREER MEMBERS OF FOR- DEPARTMENT OF JUSTICE DEWITT CHARLES CONKLIN, OF FLORIDA EIGN SERVICE OF THE DEPARTMENT OF STATE FOR PRO- RENEE YNIGUEZ COTTON, OF FLORIDA MOTION IN THE SENIOR FOREIGN SERVICE TO THE CLASS MARK MOKI HANOHANO, OF HAWAII, TO BE UNITED W. PATRICK CRAGUN, OF TEXAS INDICATED: STATES MARSHAL FOR THE DISTRICT OF HAWAII FOR THE TERM OF FOUR YEARS. KEVIN CRISP, OF CALIFORNIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ELIZABETH ANNE CULVER, OF VIRGINIA CLASS OF MINISTER COUNSELOR, IN THE DIPLOMATIC JENNIFER J. DANOVER, OF MINNESOTA SERVICE OF THE UNITED STATES OF AMERICA: THE JUDICIARY JENNIFER LYNN DAVIS, OF NORTH CAROLINA DEPARTMENT OF STATE L. SCOTT COOGLER, OF ALABAMA, TO BE UNITED JESSICA LYNN DAVIS BA, OF THE DISTRICT OF COLUM- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT BIA VAN S. WUNDER III, OF FLORIDA OF ALABAMA.

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