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

Vol. 150 WASHINGTON, WEDNESDAY, JUNE 23, 2004 No. 88—Part II Senate (Legislative day of Tuesday, June 22, 2004)

NATIONAL DEFENSE AUTHORIZA- port was not included as part of the stantive support to these personnel and TION ACT FOR FISCAL YEAR President’s budget request and was not their families. 2005—Continued authorized within the bill now before Mrs. DOLE. I thank the distinguished Mrs. DOLE. Mr. President, I wonder the Senate. It is my understanding Chairman. Given this concurrence on if I might engage the distinguished that the decision to not include the Na- the importance of ensuring necessary Chairman in a brief colloquy. tional Demonstration Program for Cit- and effective support for our National Mr. WARNER. Certainly. izen-Soldier Support in the FY05 De- Guard and Reserve families, I ask the Mrs. DOLE. I thank my colleagues. fense Authorization bill was not made Chairman if he would be willing to sup- Mr. President, as a member of the Per- with prejudice to the program but, port my effort to bring this proposed sonnel Subcommittee, I am acutely rather, was based on the emerging na- Demonstration Program for Citizen- sensitive to the enormous challenges ture of the structure and deliverables Soldier Support to the attention of the confronting our National Guard and associated with this program—a pro- appropriate Department of Defense of- Reserve forces, and their families, as gram that is focusing on how to best fices. This effort will require modifying they are called upon to defend our Na- assist our Reservists and their families elements of the proposed program, tion in the war on terrorism. North in their newly emerging roles in the where appropriate, to maximize Carolina is at the forefront of National war on terror. synergies with ongoing Department of Guard and Reserve mobilizations, with Mr. WARNER. Mr. President, the Defense initiatives and exploring op- 31 percent of our State’s 23,300 National Senator from North Carolina is cor- tions within the defense budget for Guard and Reserve members currently rect. At the time that the Armed Serv- funding implementation of the pro- mobilized. ices Committee was preparing its gram. The University of North Carolina, in mark, there was not sufficient data Mr. WARNER. I commend the distin- partnership with a wide range of uni- available concerning the specific ele- guished Senator from North Carolina versities and community organiza- ments of the proposed program, and its for her steadfast advocacy for our men tions, is developing a National Dem- interrelationship with other existing and women in uniform, and their fami- onstration Program for Citizen-Soldier and emerging programs within the De- lies, and I would be pleased to work Support to augment, strengthen, and partment, to fully assess the merits of with her on this important issue. refine the existing framework of sup- the National Demonstration Program Mrs. DOLE. I thank the distinguished port for National Guard and Reserve for Citizen-Soldier Support. The ab- Chairman for his courtesy. personnel, and their families. The ob- sence of this proposed program in the Mr. ALLEN. Mr. President, I wonder jectives of the demonstration program bill should not be interpreted as a neg- if I might take just a minute to ask the are to strengthen communication and ative assessment. Chairman whether I am correct that information dissemination; strengthen Mrs. DOLE. I thank the Chairman. I developing a reliable, automated three- community support systems; strength- might also ask the Chairman if he dimensional facial recognition capa- en support systems for children and would agree with me that our Nation’s bility has significant implications for adolescents; strengthen health and security depends on the mission-readi- our fight against terrorism and would mental health care systems; strength- ness and retention of our citizen-sol- be of great interest to the defense, in- en employment support networks; and diers, and that for the total force to telligence and transportation security address proactively emerging issues of function effectively, we must make agencies. importance to our personnel and their certain that these men and women, Mr. WARNER. Yes, that is certainly families. This National Demonstration their families, and employers have my understanding. Program of Citizen-Soldier Support has needed support while they prepare for, Mr. ALLEN. I also understand that been presented to a wide variety of ci- carry out, and eventually return from one very promising approach would be vilian and military leaders, and has active military service. to use laser radar to acquire such a been uniformly supported as timely, Mr. WARNER. I would agree whole- three-dimensional image. This tech- substantive, and highly promising as heartedly with the Senator from North nology is highly accurate, and is al- an adjunct to existing Department of Carolina’s statement. At at time when ready used in industrial applications to Defense programs and services. we are relying more and more on our measure such things as minute imper- Unfortunately, as a relatively new National Guard and Reserve forces to fections in airplane wings. Unlike more initiative, this National Demonstra- defend our national security, we must traditional photography, it also would tion Program for Citizen-Soldier Sup- continue to provide direct and sub- work in a greater variety of lighting

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

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VerDate May 21 2004 02:24 Jun 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.047 S23PT2 S7278 CONGRESSIONAL RECORD — SENATE June 23, 2004 conditions and at a much greater dis- AFRTS, including a statement of the tional Air Guard personnel that we had tance. It also has the advantage of mission to be accomplished and the hoped would be used to stand up a new avoiding allegations of racial profiling key principles that should be followed unit in Delaware to do this mission. because it makes no use of skin color, in order to provide a free flow of polit- This year, Senator CARPER and I had instead measuring facial features. ical programming from U.S. commer- hoped to finish that work by providing Mr. WARNER. I understand that ac- cial and public networks. The amend- a total of 60 personnel for that unit. curacy has been a problem with some ment specifically states that the mis- Unfortunately, we are not able to do systems developed to date so new ap- sion statement is appropriate. Recog- that because the Department of De- proaches would be welcomed. nizing that there are several hundred fense has not evaluated this proposal Mr. ALLEN. Does the Chairman satellite stations or ‘‘outlets’’ around to determine whether it is a mission agree it would be worthwhile to explore the globe at which programming deci- that should be assigned to the Air Na- taking existing industrial technology sions are made on a daily basis, the tional Guard. and applying it to the problem of amendment goes on to recommend that We understand that the Department quickly and reliably identifying at a the Secretary of Defense ensure that of Defense has an established process distance moving individuals at such lo- these important principles, which can for assigning missions and determining cations as airports and border cross- be summarized as fairness and balance the manning necessary to support ings? in presenting shows on various topics, those missions. Expanding the informa- Mr. WARNER. Yes, I think that if including political commentary, are tion operations capability of a unit or there were funding for such a develop- being accomplished. units within the Air National Guard ment project it offers the prospect of Mr. INHOFE. Is it correct to say that has not been considered through this significant security benefits. those who make the programming deci- process. AFRTS sion for AFRTS have an obligation to Mr. LEVIN. My colleague from Dela- Mr. WARNER. In discussions with consider the popularity and desir- ware is correct. The Department of De- my good friend and colleague, Senator ability of radio and television program- fense has a rigorous process for deter- INHOFE, I have been made aware of the ming? In other words, should the mining whether a new mission should fact that questions have arisen about AFRTS take note of national commer- be assumed as a military mission and the intent of amendment 3316 regarding cial ratings as well as local and world- that expansion of the information oper- the American Forces Radio and Tele- wide formal audience surveys as to ations capability of the Air National vision Service, or AFRTS, submitted what their audience desires to see and Guard has not been considered by this by Senator HARKIN. That amendment hear on their AFRTS programming? process. Additionally, the Department to the pending legislation was accepted Mr. WARNER. Yes. That would clear- of Defense is conducting a complete re- on June 14, 2004. ly be one factor among several that view of the Guard’s roles and missions Mr. INHOFE. That is correct. Numer- should be considered, consistent with right now. ous concerns have been expressed from the goal of providing the same type and Mr. BIDEN. I hope that we can agree my home State, and, I believe, many quality of American radio and tele- that the Department’s review should other States, about this amendment. vision news, information, and enter- include an examination of using the There is a belief that this amendment tainment that would be available to Air National Guard for emerging mis- is intended to be critical of the AFRTS military personnel and their families if sions like information operations. and the manner in which it makes cur- they were in the continental United Mr. LEVIN. I can commit to the Sen- rent programming decisions regarding States. Other factors should also be ator from Delaware that I will do all radio and television shows featuring considered in achieving the AFRTS that I can to ensure that this area is political commentary. goals of fairness and balance in pre- included in the Department’s review Mr. WARNER. Thank you for offer- senting all sides of important public and given full consideration. ing me the opportunity to clarify this questions, and the amendment was in- Mr. BIDEN. I also hope that we will point. In my view, the intent of this tended to underscore the importance of have their input regarding the mission amendment was not to call into ques- those goals. and its suitability for the Air Guard tion the performance of the AFRTS. Mr. INHOFE. I thank the chairman before we take up next year’s Defense Indeed, as my staff and I examined the for that clarification. Authorization bill. I would also like to proposed amendment originally sub- AIR NATIONAL GUARD make sure that the consideration of mitted by Senator HARKIN, we saw that Mr. BIDEN. I would like to take a this particular mission takes into ac- it called for the establishment of a moment to engage the Senator from count the unique skills present in the Presidential Advisory Board to exam- Michigan in a discussion about infor- Delaware Air National Guard and the ine the manner in which AFRTS car- mation operations in the Air National work that they have already done in ries out its mission and to submit rec- Guard. Before we begin, I would also this area. ommendations on how the AFRTS like to thank my colleague for his will- Mr. LEVIN. Again, I commit to my should carry out programming. As we ingness to have this discussion on an colleague that we will work with him looked at the manner in which the Of- issue of great importance to national and the Department of Defense to get fice of the Secretary of Defense for security and to many of the Air Na- that thorough and timely consider- Public Affairs and AFRTS perform its tional Guard personnel in my State. ation. mission, however, it became clear that Let me start by saying that I think Mr. BIDEN. I thank my colleague for the case had not been made that most of my colleagues understand that those assurances and look forward to changes were necessary or that such an while the world today has changed, working with him over the next year to Advisory Board was needed. some things have stayed the same. make sure our information operations Mr. INHOFE. Is it correct to say, When you are trying to stop terrorists, needs are met. then, that this Harkin amendment ex- just like organized crime, you have to Now, let me explain why I think it is pressing the sense of the Senate was follow the money. These days, in order so important to stand this unit up in actually intended to be an expression to follow the money, you have to have Delaware. of support for the current approach of the very best in information operations Delaware is uniquely situated to pro- the Department of Defense to the skills. You have to understand the vide the skills needed for information AFRTS which provides programming computerized financial networks and assurance and financial tracking. Dela- representing a cross-section of popular security systems used by financial in- ware is host to 7 of the top 10 banking American radio and television offerings stitutions. In addition, you have to be institutions in the U.S. Delaware also and emulating stateside programming able to protect your own information. has the highest amount of computer seen and heard in the United States? This is a critical aspect of the war on networking per capita of any State. In Mr. WARNER. Absolutely. The terrorism and one where the Govern- addition, major research companies amendment cites word for word rel- ment needs more capability. like DuPont and Astra-Zeneca make evant portions of the current Depart- Last year, the Defense Authorization their headquarters in Delaware. Last, ment of Defense Directive concerning Conference Report provided 30 addi- Delaware has the highest number of

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.048 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7279 scientists and engineers per capita in not sustainable. They cannot continue Mr. CHAMBLISS. As the chairman the U.S. to do their regular Air Guard mission has mentioned, the conference report All of those statistics mean that in the 166th tactical airlift wing, their on the fiscal year 2004 National Defense many members of Delaware’s Air Na- civilian job, and the third job of help- Authorization Act required the Sec- tional Guard have civilian employment ing NSA and AIA. With a new unit, we retary of Defense to submit a report to in banks or other institutions. They can provide the critical information the congressional defense committees understand what is required to protect operations skills needed to fight ter- providing an economic analysis com- financial information and to track it. rorism without harming the on-going paring the options of maintaining the They are on the cutting-edge of infor- tactical airlift mission that is sup- current engines on the E–8C mation protection today. porting troops in Afghanistan and Iraq. JointSTARS aircraft, purchasing and Their skills cannot be used by the I know end strength increases are installing new engines, and leasing and Government, however, because banks controversial, but we need to look at installing new engines. This report was and financial institutions are very sen- the big picture. Remember, Congress to have been submitted by February 13, sitive about the employees of other agreed that a new unit was needed to 2004, but has yet to be received. banks reviewing their financial trans- do these missions last year. The facts The engines that currently power the actions. To do this type of work, a per- on the ground have not changed. This E–8C JointSTARS aircraft fleet are the son must be a Government employee. is exactly the type of new mission the same engines we have gone to great One of the best ways to provide the Air Guard should be doing. Only with lengths to replace over the last decade benefit of these private sector skills to the Guard can you get the commercial in the Air Force’s tanker fleet. The en- Government agencies fighting terror is expertise and cutting edge knowledge gines are old, provide marginal power through the National Guard. Guard needed to protect information systems to support the E–8C’s taskings, and are personnel stay on the cutting edge of and to track financial transactions. I expensive to operate and maintain these skills because of their private look forward to hearing the Pentagon’s compared to new engines currently sector jobs. They can then provide that thoughts about this new mission. available in the commercial market. Again, I think it’s important to knowledge to the Government, some- These are not just my observations. stress that information assurance and thing that a civilian government em- Let me quote from a recent memo- financial information operations are randum from the Vice Commander of ployee cannot do. critical to the war on terrorism and to In 2003, the National Security Agency Air Combat Command to the Air Force a transformed military. This is a grow- and the Air Intelligence Agency recog- Vice Chief of Staff: ing area, not a shrinking one. We have nized their shortfalls in information This letter provides a brief update on our looked carefully at all of our opportu- efforts to re-engine JSTARS, which con- assurance and tracking skills and nities to provide the needed highly- started asking some of these Delaware tinues to be one of our top initiatives for the skilled personnel to the fight. It is my E–8. The current TF–33–102C engines do not Guardsmen and women to help them belief that we can only do this if we satisfy desired safety margins or meet oper- meet their requirements. NSA will create a unit to take advantage of the ational needs. An Air Force Flight Standards have spent $945,000 between 2003 and experienced and knowledgeable per- Agency critical field length waiver is re- 2004 to make use of the Delaware Air sonnel available. No matter how patri- quired to support takeoffs with current en- Guard’s expertise. They would like to otic people are, they cannot continue gines. Additionally, Operations ALLIED FORCE, ENDURING FREEDOM, AND IRAQI spend an additional $900,000 in 2005. AIA to work three jobs for years on end. is spending $150,000 in 2004 on these FREEDOM highlighted significant JSTARS Creating the new 166th information op- engine performance shortfalls. A lack of missions. They are spending this erations unit in the Delaware Air Na- thrust and fuel efficiency combined to re- money because a real need exists. tional Guard will enhance national se- duce mission operating altitudes and on-sta- Last year, the Senate, and then the curity. It was the right thing to do last tion times. The current TF33 engines are the full Congress, agreed that this mission year and it’s still the right thing to do. number one driver of the Non-Mission Capa- needed support and a full-time unit. I hope that the Air Force will recognize ble for Maintenance rate and are the leading Thirty personnel were added to the Air that as we move forward in the war on cause of sortie aborts and code-3 landings. It is projected that re-engining will reduce the National Guard’s end-strength to cre- terrorism. ate this new information operations NMCM rate by 10 percent and positively in- JOINTSTARS crease the overall system Mission Capable unit. This year, we had hoped to finish Mr. CHAMBLISS. Mr. President, I rates by four percent. E–8C crews have also the job by providing the full com- rise today to discuss the heavily experienced several instances of engine over plement of 60 personnel needed for the tasked, high value asset of the E–8C temps on takeoffs, which have mandated re- mission and the $3.997 million needed JointSTARS fleet, which provides real- duced thrust takeoffs. Re-engining JSTARS to fully fund this unit. That is $2.75 time surveillance and targeting for our makes sense operationally and from a sus- million for personnel costs and $1.247 armed forces. This critical asset, oper- tainability perspective. million for operations and mainte- ated by an integrated wing located in We have included language in the re- nance. Unfortunately that will not be my home State of Georgia, has world- port accompanying this bill that states possible. wide commitments and is essential to should the Secretary of Defense rec- Some may wonder why we sought an the effective execution of the combined ommend in his report that a re- amendment to add the personnel and air-land strategy and tactics for our engining program be pursued for the E– funding needed. The reason is simple. forces. However, the current engines do 8C, the committee encourages the Air The Delaware Air National Guard is not provide sufficient power for the E– Force to initiate this program, taking too small to move people to this mis- 8C JointSTARS fleet to meet all of its into account the recommendations of sion and still do their primary tactical operational requirements. the Secretary’s report on how best to airlift mission. The 166th tactical air- Mr. WARNER. The Senator from implement it. I am optimistic that the lift wing has had its C–130s fully tasked Georgia is quite correct in his observa- Air Force report will be delivered to to support operations in Afghanistan tion and assessment and our com- the committee in the near term. I am and Iraq. When I wrote Lieutenant mittee has urged the Department to hopeful that as our bill moves from General James at the Guard Bureau move forward with its economic anal- floor consideration and to conference about standing up this new unit, he re- ysis of engine alternatives for this crit- with the House, we can work to ensure plied that he thought Delaware’s Guard ical fleet of aircraft. The Senator from that this re-engine initiative is given was well-postured for the mission, but Georgia should be proud of the 116th every consideration based on the data his ‘‘end strength cap makes it chal- wing of the Georgia Air National and analysis provided for our consider- lenging to resource new initiatives.’’ Guard, as the work that this integrated ation. Our amendment would have taken care wing performs on a daily basis is re- There are many aspects to consider of that challenge. sponsible for saving many soldiers’ in taking care of our soldiers, sailors, Up to now, the personnel who have lives. As he stated, the E–8C airmen and marines who are sent into been working with NSA and AIA so far JointSTARS fleet provides critical air- harm’s way. In times like these, pre- have been working three jobs. Let me borne battle management command serving the assets that help to ensure say that again, three jobs. It is simply and control. the well-being of our men and women

VerDate May 21 2004 02:24 Jun 25, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.051 S23PT2 S7280 CONGRESSIONAL RECORD — SENATE June 23, 2004 in uniform should be given the invest- was paying individuals to do jobs that ment offered by the Senator from Mas- ment necessary to see that the equip- could also be found in the Yellow sachusetts and the Senator from Geor- ment is the best that we can provide Pages. Unfortunately, the Clinton Ad- gia. and at the best value for our armed ministration did not follow up. These Mr. THOMAS. I do. The amendment forces. positions should have been reviewed offered by Senators KENNEDY and Mr. WARNER. I thank the Senator and solutions explored to return these CHAMBLISS would all but eliminate use from Georgia for his leadership on this jobs to where they belonged—the pri- of the streamlined process con- issue, and I look forward to working vate sector. Unfortunately, there were templated under the revised Office of with him on this important issue. no follow up reviews. It was only when Management and Budget Circular A–76. Mr. CHAMBLISS. We owe it to the George W. Bush was elected that a pro- This process applies to competitions of men and women who crew the E–8C gram was implemented to actually do 65 or fewer full-time equivalents. By JointSTARS to ensure that these air- the reviews of these 850,000 positions. making the use of A–76 competitions craft are powered by engines that pro- Competitive sourcing could then be arbitrary, as opposed to strategic, the vide desired safety margins and on-sta- employed to see if it would be more ef- Department of Defense’s necessary tion operating times that accomplish fective and accountable to have these flexibility in procurement is removed. the aircraft’s mission without degrada- activities performed by the private sec- The amendment also includes provi- tion. At the same time we owe it to the tor. sions designed to give in-house employ- taxpayers of this Nation to ensure that Contrary to misinformation by some ees unfair advantages over the private these aircraft are powered by engines of our colleagues and labor unions, sector in the competitive sourcing that are fuel efficient and supportable competitive sourcing is not about process and makes it difficult for small for our armed forces. eliminating or privatizing federal businesses to be competitive in job COMPETITIVE SOURCING workers. Simply put, competitive contests. Mr. THOMAS. Mr. President, I would sourcing, which relies on the A–76 Cir- Unfortunately, with the country at like to take a moment to engage with cular for public-private competitions, war, I’m afraid that these measures the distinguished Senator from Vir- is a useful tool that allows federal would be very counterproductive, cost- ginia regarding some of the measures agencies to evaluate whether or not ly, and present unnecessary hurdles for included in this very important bill. commercial functions should be per- the Department in this very crucial pe- First, I want to commend the Senator formed in the future by federal employ- riod of time. In fact, the Administra- from Virginia for his tireless efforts in ees or the private sector. As it is now, tion, in a statement of administration managing this bill. He is always very many federal employees who work in policy issued by OMB, has declared its fair and considerate, and his out- commercial functions are stuck in inef- opposition to any final defense measure standing leadership is appreciated. ficient bureaucracies performing ac- that limits DOD’s competitive sourcing Mr. President, I am concerned that tivities that are non-inherently gov- flexibility. The White House has, in some amendments adopted by Unani- ernmental. fact, threatened to veto this bill if it mous Consent may have a negative im- The competitive sourcing process is contained these provisions. I am sure pact on the President’s Competitive good government. As numerous inde- the distinguished Senator from Vir- Sourcing Initiative, and ultimately ad- pendent reports to Congress have ginia is well aware of the importance versely impact the President’s ability shown, competitive sourcing saves tax- the President places on this issue. to administer the bureaucracy of the payers between 10 to 40 percent—re- Mr. WARNER. Yes, I am. I certainly Department of Defense. As a longtime gardless of who wins. The record is understand the Senator’s concerns, and supporter of a more accountable and that every position reviewed by com- I can tell him that I am hopeful that as responsible federal government, I petitive sourcing shows savings regard- we move forward and reconcile this strongly support President Bush’s com- less of whether that position stays in- very important bill with that of the petitive sourcing initiative which house or gets contracted. Federal em- House in conference, we will take a seeks to improve the way federal agen- ployees win an overwhelming majority very careful look at these measures cies operate. However, I recognize how of the competitions. But clearly, the and work out acceptable language that critical it is in these times of war that taxpayer is the real winner in this will not burden the DOD or hamper the we move this bill quickly and not allow process. Inefficient monopolies that President in his role as administrator it to be held up further by partisan pol- waste taxpayer dollars and divert of the federal bureaucracy in these itics. So I do not object to accepting much-needed federal resources from critical times. these measures in the larger interest of our government’s most pressing pro- Mr. THOMAS. I think it is very im- getting a Defense bill through the Sen- grams should always be examined. portant that we revisit these proposals. ate. There are activities which are inher- In the interest of moving this defense Every president for the last 50 years, ently governmental, and should be per- bill in a time of war, we have forgone Republican and Democrat alike, has formed by the government. No one an important debate. So I thank the endorsed the elimination of commer- would argue this. However, government Chairman for his attention to this mat- cial functions in the federal workforce, should not be engaged in activities ter and again say to him that I appre- but their plans were not vigorously im- which are already offered in the private ciate his strong leadership. plemented or enforced. As a result, sector. As we look for ways to reduce MANUFACTURING EXTENSION PARTNERSHIP nearly half of today’s civilian federal its size, cost and scope, we need always Mr. KOHL. Mr. President, Senator workforce is doing work that could be remember that government should be REED and I filed an amendment to en- done more efficiently by the private the provider of last resort with the free sure the soundness of our Nation’s de- sector. enterprise system being the provider of fense supply chains through the sup- Mr. WARNER. I believe we looked to the first choice. To do otherwise is a port of the Manufacturing Extension remedy this with the FAIR Act in 1998. disservice to the American taxpayer. Partnership, MEP, Centers. We would Am I not correct in stating that this Would the Senator from Virginia agree like to thank our colleagues, Senators law basically says that federal agencies with us? WARNER, LEVIN, GREGG, HOLLINGS and should inventory government services Mr. WARNER. Mr. President, I cer- MCCAIN for accepting the modified that are commercial in nature, and tainly agree with my friend from Wyo- amendment. Senator REED and my then review whether these activities ming that we should continue to evalu- amendment clarifies that the Depart- should continue to be performed in the ate the way the federal government op- ment of Commerce has the ability to public sector? erates. Competitive sourcing is an im- transfer and reprogram $21.8 million to Mr. THOMAS. That’s correct. The portant tool available to the govern- the MEP Program in fiscal year 2004. Clinton Administration did the first in- ment to ensure that high quality gov- The vitality and viability of our Na- ventory and found that more than ernmental services are acquired at the tion’s small manufacturers has tremen- 850,000 Federal employees out of 1.8 lowest cost to the taxpayer. dous consequences for our Nation. million were in jobs that were commer- I believe the Senator wanted to share Without a strong manufacturing base, cial in nature. The federal government some of his concerns with an amend- we risk losing wealth for our Nation,

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.053 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7281 we risk good jobs for our citizens, and Department of Commerce. The appro- pated national defense needs. The pro- we risk irreparably harming our Na- priate level of funding that can, and duction of platform systems, compo- tion’s defense supply base at a critical should, be transferred and repro- nents and munitions is constrained by time. grammed is $21.8 million. This amend- the surge capacity of prime contractors The MEP assists America’s small ment clarifies that level of funding for and the capabilities of the supplier manufacturers and helps boost produc- transfer and reprogramming. base. Being able to provide for these tivity, sales, investment in moderniza- The administration needs to make defense needs is vital to our military. tion, and employment. I have a very resources available to help our Na- Third, outdated and aging manufac- simple, but vital, message to deliver— tion’s small manufacturers. That is turing systems and processes are in- manufacturing matters—MEP matters. why I, along with my colleague Sen- volved in the production of major But I am worried that President Bush ator REED, continue to call on the ad- weapon systems. The need for quality does not understand this simple mes- ministration to reprogram $21.8 million and technology improvements along sage. This fiscal year 2004, the adminis- to support the MEP Centers this year. with increased productivity and cost tration’s budget slashed the MEP Pro- And we call on the administration to reduction makes the shortage of capa- gram by 88 percent. Due to the efforts send a Budget Amendment to Congress ble small manufacturers more problem- of Senators GREGG and HOLLINGS, the to support $106.9M for the MEP Pro- atic. Fourth, large defense companies Senate fiscal 2004 appropriations bill gram in fiscal 2005. often have the knowledge and re- restored funding for the program to Mr. REED. Mr. President, I thank my sources to make investments in pro- $106 million. However, the Omnibus Ap- colleagues Senators WARNER, LEVIN, ductivity and efficiency improvements; propriations Act for fiscal year 2004 re- GREGG, HOLLINGS and MCCAIN for work- however, small manufacturers fre- duced that level to only $39.6 million. ing with Senator KOHL and I on this quently lack the necessary technical As a Federal-State-private partner- important amendment preserving the knowledge, staff and resources to take ship, MEP is a network of over 60 cen- Manufacturing Extension Partnership, advantage of new techniques and tech- ters with 400 locations across the coun- MEP, Program. I particularly want to nology. Lastly, to increase participa- try and Puerto Rico providing tech- thank Senators HOLLINGS and GREGG tion in defense production, small man- nical assistance and business support for their strong support of the MEP ufacturers need assistance adapting services to small manufacturers. These Program and their efforts to restore commercial production practices and not-for-profit centers employ more funding to a program that is vital to techniques to the needs of the defense than 2,000 professionals who work with our Nation’s small manufacturers. I industrial base. manufacturers to help them adopt and look forward to working with them The MEP program can help our Na- use the latest and most efficient tech- this year to ensure funding is restored tion address these challenges. MEP nologies, processes, and business prac- in fiscal year 2005. Centers have a strong track record of tices. As a result, our small manufac- Senator KOHL and my amendment solving supply management issues. turers are better able to compete with clarifies that the Secretary of Com- MEP helps preserve and strengthen do- low wage countries, maintain jobs in merce has the ability to transfer and mestic production of unique defense America, and continue driving a higher reprogram $21.8 million to the MEP technologies and provides a strong standard of living in the U.S. In fiscal Program this fiscal year in order to as- strategic edge over threats to national year 2002, MEP’s clients reported sales sist our nation’s small manufacturers. security. MEP is active within U.S. de- of $2.8 billion, 35,000 new or retained Senator GREGG, HOLLINGS, KOHL and I fense supply chains assisting small sub- workers, $681 million in cost savings, believe that the Secretary already has tier suppliers to cut costs, boost pro- and $941 million invested in new plant the ability to transfer and reprogram ductivity, integrate technology and ac- and equipment as a direct result of this funding; however, rather than celerate delivery times. Officials from their MEP projects. honor the request of 55 Senators and Boeing, General Dynamics, Lockheed However, funding constraints and work with the Senate and Congress to Martin, Northrop Grumman, and budget cuts have forced every MEP help reprogram funds, the Department Raytheon expressed their reliance on Center in the country to downsize. Ac- of Commerce has chosen to hide behind MEP for cost and quality improve- cording to a recent Modernization a legal interpretation that it lacks ments at small manufacturing firms on Forum survey, MEP Centers have such authority. which they rely for component parts closed 58 regional offices and reduced Small manufacturers have a direct and assemblies. staffing by 15 percent, which will leave impact on national security. Small To date, the actions of the Depart- small manufacturers across the coun- manufacturers are the backbone of our ment of Commerce have been unaccept- try without the invaluable technical defense production capacities. Firms able. The administration needs to and business assistance that helps with fewer than 500 employees com- make resources available to help our them remain competitive edge in the prise more than 80 percent of the de- Nation’s small manufacturers. The ad- global marketplace. fense supply chains. Small businesses ministration should immediately re- Senator REED’s and my amendment are responsible for a significant share program $21.8 million to support the will help address this issue by clari- of defense contracting. They receive 21 MEP Centers this year as directed by fying that the Secretary of Commerce percent of prime contracts and 41 per- Senator KOHL and my amendment. can reprogram $21.8 million to the MEP cent of the subcontracts awarded to Given the broad bipartisan and na- Program this year. Fifty-five Senators businesses by, or on behalf of, the De- tional support for this program, the ad- requested that the Secretary repro- partment of Defense. ministration should send a Budget gram funding to the MEP Centers this The National Coalition for Advanced Amendment to Congress to support year. Unfortunately, the Department Manufacturing in a 2002 report identi- $106.9M for the MEP program in fiscal refused this request; leaving the MEP fied five key challenges that confront 2005. Centers and small manufacturers with- the defense industrial base. First, the FUEL CELL PROGRAM out the resources they need. In a re- loss of small and medium-sized firms Mr. AKAKA. Mr. President, I wonder sponse to the Senate request for re- that participate in the defense supply if I might discuss an important matter programming, Secretary Evans implied chain is taking its toll on our Nation’s with the Chairman of the Armed Serv- that the Department of Commerce does defense readiness as many makers of ices Committee regarding the program not consider it worthwhile to repro- components and spare parts for the to advance fuel cell technology for sup- gram funding to the MEP program be- larger defense contractors have left the port of armed forces. cause the appropriations act would marketplace or are ill-prepared to re- Mr. WARNER. Mr. President, I would only allow the transfer and reprogram- spond to swift increases in orders. be happy to discuss this issue with the ming of $3.9 million. In discussions There is no known source of supply for Senator from Hawaii. with the Appropriations Committee over 11,000 products used by the De- Mr. AKAKA. Mr. President, the Sen- and the Congressional Research Serv- partment of Defense. Second, our Na- ate report accompanying National De- ice, however, this appears to be a very tion needs to maintain sufficient surge fense Authorization Act for Fiscal Year narrow reading of the statute by the production capacity to meet unantici- 2005 included language on a program to

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.134 S23PT2 S7282 CONGRESSIONAL RECORD — SENATE June 23, 2004 demonstrate proton exchange mem- lieved he did not have authority to re- IV, or any senior administration, and brane (PEM) fuel cell designs at De- lease these documents. He believed in the possession of the Department of partment of the Navy installations. In that only the President could release Justice, regarding the treatment or in- particular, the language referred to an them. terrogation of individuals held in the uninterruptible substation using fuel Instead, that same day after the custody of the U.S. Government.’’ cells based on proton exchange mem- hearing, the Department of Justice Any other senior administration offi- brane technology. This was a program wrote a detailed letter responding to cial? That involves hundreds, if not that the Congress supported last year. the inquiries of the ranking Demo- thousands, of people. Come on. I believe that the program the Com- cratic member of the Judiciary Com- For each of the 23 requested memos, mittee intended to support this year mittee on legal issues related to war- the Democratic Senators wanted to was somewhat more narrowly focused time decisions. The letter summarizes know what has been redacted and why. on the developing technology to im- the Justice Department’s legal opinion They want an explanation for each prove the membranes for those fuel on whether various statutes and trea- classification status, and they want an cells that might be used in the sub- ties apply on this war on terror, includ- indication of to whom each was cir- station program that was the subject ing the Uniform Code of Military Jus- culated with copies of all cover letters of discussion last year or for other im- tice, the Special Maritime and Terri- and transmittal sheets. portant Defense Department applica- torial Jurisdiction, the Military When is it going to end? That kind of tions. Extraterritorial Jurisdiction Act, the stuff is way out of bounds. It was an in- Mr. WARNER. Mr. President, I agree torture statute, Geneva Conventions, credibly imprudent request. It was so with the Senator from Hawaii that im- and the War Crimes Act. broad that nobody in his or her right proving the membrane technology for These topics are precisely the subject mind would try to fulfill it—and cer- fuel cells was the program for which matter of the documents at issue in the tainly not a White House that is re- the Committee recommended an addi- hearing. The Attorney General is not sponsible. In addition to the 23 requested tion to the Defense authorization this trying to cover up anything. There can memos, this request includes 19 other year. be no question that the Justice Depart- broadly worded questions that require Mr. AKAKA. Mr. President, I thank ment wanted to be responsive to the lengthy investigation and responses. the chairman of the Committee for committee but it was not in a position They want all of this by June 30. That clarifying this situation. to release the documents without fur- is in just 15 days, as if they were enti- Mr. BENNETT. Mr. President, I sug- ther consultation within the adminis- tled to all of that. gest the absence of a quorum. tration, including the White House and This document request appears to be The PRESIDING OFFICER. The the Defense Department. That is only an old-fashioned fishing expedition of clerk will call the roll. fair. It is prudent during time of war the lowest order. Any objective ob- The legislative clerk proceeded to when some of the documents reveal po- server would have to conclude that this call the roll. tential interrogation techniques. is not a legitimate exercise of our over- Mr. HATCH. Mr. President, I ask Yet they made the Attorney General sight function. They just want to use unanimous consent that the order for of the United States a punching bag, the typical go-to-the mattresses, the quorum call be dispensed with. which they have done consistently day scorched earth, litigation-like tactics The PRESIDING OFFICER. Without in, day out in the Judiciary Committee to bury the Attorney General with a objection, it is so ordered. on various markup days and hearings request so broad that no one could pos- Mr. HATCH. Mr. President, what is as well. sibly comply with it. the parliamentary situation? It is as though they literally hate the Last Wednesday, before the ink was The PRESIDING OFFICER. The DOD Attorney General of the United States. dry on the document request letter authorization. A man who I think is doing a bang-up, submitted last Tuesday, the ranking Mr. HATCH. Thank you, Mr. Presi- tremendous job. In fact, last week the minority member circulated a proposed dent. That is what I want to talk about Attorney General and the White House resolution to formally subpoena docu- today, in part. counsel both assured me that they ments from the Department of Justice. I rise today to respond to a few of the would work with me to fairly resolve The Democrats did not even give the comments made yesterday by several the matter. I represented that to the Attorney General the courtesy of a few of my Democratic colleagues. They committee members and that wasn’t days to respond to the original docu- have attacked the President and the enough. I was sarcastically challenged ment request. administration for not being forth- on that by more than one member of Yet, while the Democrats were en- coming in releasing documents not- the committee on the Democratic side. gaging in this conspiracy, I was work- withstanding the fact that the White I just calmly said: Give them a little ing with the White House and the De- House just declassified and released ap- time. They said they would work with partment of Justice. I told the entire proximately 260 pages of legal memo- us, and they will. And Mr. President, committee of all my efforts last week. randa that they sent to Senator LEAHY they did. In fact, it is because of my efforts and and myself. Last Tuesday, the Democratic mem- the efforts of the President and the De- Let me take a moment to review the bers of the Judiciary Committee sub- partment of Defense and the Justice history. mitted a letter to the Attorney Gen- Department that these documents have On June 8, 2004, the Judiciary Com- eral, not just seeking the three docu- been declassified and disseminated so mittee held an oversight hearing of the ments mentioned at the hearing that quickly. Department of Justice. During the Senator KENNEDY made an issue of in Significantly, the three documents course of the hearing, Senator KEN- the hearing, but seeking a total of 23 originally at issue in the Attorney NEDY asked the Attorney General for legal memoranda. General’s hearing have been produced— any legal memoranda that had been In addition to that, they provided a that is, the actual documents that they leaked to the public. Contrary to the laundry list of document requests so called for in the hearing where you suggestions of some, the Attorney Gen- broad that it could take a year to heard so much bad-mouthing of the At- eral at no time refused to answer any search the files of the entire Federal torney General. question posed by Senators on the com- Government to comply with such a re- I got the cooperation of both the At- mittee. He just gave answers with quest. We would have to go all the way torney General and Alberto Gonzales which my Democratic Colleagues did back to the Spanish-American War to himself last week. not agree. give every document that has ever been I have put up with continual com- Specifically, the Attorney General brought forth, if you followed the kind plaints by our friends on the other side declined to agree—on the spot—to of reasoning that they had. of the aisle on the Judiciary Com- produce internal executive branch Let me give you some examples. mittee as to how poorly the committee legal memoranda citing the President’s They asked for ‘‘any other memoranda is being run. I am sick and tired of it. right to have confidential advice from or documents from Alberto Gonzales, It is about time we got rid of some of his staff. The Attorney General be- William Haynes, William Howard Taft, these snotty, ridiculous, demeaning,

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.117 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7283 and below-the-belt type of tactics and ary 20, 2001, regardless of whether the cret or covert information, you name start respecting the President of the documents were written by someone at it, classified information, to people up United States, the Attorney General, the Department of Justice. here. the Secretary of Defense, our young Talk about a fishing expedition, we Their language is simply too broad. I men and women overseas, and quit un- are talking here about deep sea fish- am also troubled by the way in which dermining what they are doing. We ing—and the worst type. Do you know the language appears to stray far away gave them the three documents they how many people work at the Depart- from general policy questions con- asked for and now there are all kinds of ment of Justice? It would take forever cerning the legal status of certain requests for more. We will never satisfy just to ask each of the 112,000 individ- classes of detainees such as suspected these types of voracious, problem-seek- uals at the Justice Department if they al-Qaida members into matters affect- ing people. possessed any relevant documents. ing ongoing intelligence gathering and Of course, it is not good enough for That is how ridiculous the request is. the prosecution of individual terrorist some of my colleagues to just give Moreover, the Justice Department subjects. them the documents they asked for. subpoena is poorly written, as I have Give me a break. Let’s give our coun- The administration could have sent been saying. It requests all documents try a break. Let’s give our President a 1,000 memos and some of my Demo- and records ‘‘describing, referring, or break. Let’s give our Attorney General cratic colleagues would still not have relating to the treatment or interroga- a break. Above all, let’s give our young been satisfied. Talk about trans- tion of prisoners of war, enemy com- men and women overseas a break from parency, their strategy is transparent. batants, and individuals held in the these types of partisan, political ac- No matter what is sent, some will no custody or physical control of the tivities. doubt scream and complain it is not United States Government . . . in con- Let me say when the shoe was on the good enough, and they will get on this nection with the investigation of ter- other foot, the Democrats have advo- floor, with their holier-than-thou lan- rorist activity.’’ And the subpoena is cated just as I have. Four years ago, guage, and say we must have trans- not limited to Justice Department when President Clinton was in office, parency because that is the way we in records but also records possessed by my colleague from Vermont, advocated the United States are. the Department of Justice, written by the following practice: If that is true, we do not need the other agencies, including the CIA or Our standard practice should be to issue CIA, we do not need the 15 intelligence any military branch. This is simply too subpoenas only when attempts to obtain doc- agencies, and we do not need to protect broad and they know it. uments by other means have failed. At a our young men and women overseas In addition, the subpoena requires minimum, we should at least request docu- anymore. We just have to have trans- records relating to the treatment of ments in writing before attempting to com- pel their production. . . . As part of this parency. That is so ridiculous it is hard prisoners. That broad term would ap- duty, the Committee should take every rea- for me to believe how the American pear to include all the interrogation or sonable effort to see whether subpoenas are people can even give any kind of con- treatment records and all of the med- actually necessary before publicly request- sideration to that kind of talk. Yet we ical records of Zacarias Moussaoui and ing them. are getting that kind of nonsense on any other individual DOJ has pros- That is the distinguished ranking the Senate floor almost constantly ecuted or is prosecuting on terror-re- member of the Judiciary Committee from people on the other side of the lated charges subsequent to 2001. This from Vermont speaking. Let’s go aisle. could include any interrogation, med- through that one more time. When the This lack of good faith suggests this ical records shared between the Depart- shoe was on the other foot, and our side is more about trying to attack the At- ment of Defense and the FBI relating was asking for some documents, the torney General and the administration to detainees held at Guantanamo Bay quote was: than about obtaining documents nec- or in Iraq, Afghanistan, or elsewhere. Our standard practice should be to issue essary for legitimate exercise of over- This information request can involve subpoenas only when attempts to obtain doc- sight. It is clear they want to subpoena hundreds, if not thousands, of POW and uments by other means have failed. to build a case to hold the Attorney other enemy combatants and hundreds That is a quote. General in contempt of Congress. Why of thousands of pages of records. The fact is, they didn’t even give the they hate this former Member of Con- That is the type of base political ac- Attorney General time to even think gress, this former Member of the Sen- tivity that is going on in this body about it before they were slapping a ate, I will never understand. There is right now. It demeans, insults, and un- subpoena down in last week’s markup, not a more decent, honorable, reli- dermines our young men and women just a few days after. And then, four gious, kind person I know than John overseas fighting for us and risking years ago my colleague from Vermont Ashcroft, but he is being treated like their lives every day. I, for one, am continued: dirt. This threatens to rapidly devolve sick and tired of it. I hope the Amer- At a minimum, we should at least request into a political witch hunt of the worst ican people wake up to this type of documents in writing before attempting to order. foolish conduct all in the interest of compel their production. It is sad to see this blatant political Presidential politics or just politics in I guess 2 days in writing is more than posturing. It is particularly sad to see general. an ample request in their eyes now this uncalled-for partisan wrangling I don’t see the practical utility of that they are in the minority and now over an issue of national security in an providing all of these records per- that John Ashcroft is Attorney Gen- election year. I don’t think they are taining to individual detainees to the eral. fooling anybody by their histrionics, Judiciary Committee. Under the pro- As part of his duty, the committee should and we sure had a lot of them over the posed subpoena, this information could take every reasonable effort to see whether last number of days—even the last cou- conceivably include prosecution strat- subpoenas are actually necessary before pub- ple of weeks. Really, you can go back egy memos. Can you imagine? Surveil- licly requesting them. in time, ever since President George lance materials. Can you imagine? In- No, they pursued a subpoena. We had Bush was elected. formation provided by and the identi- to vote on it. It was a party-line vote. The amendment offered yesterday by ties of confidential informants. Can I guess they thought they could get at the Senator from Nevada and the you imagine that? As well as FISA, least one Republican to allow their ne- amendment offered here is not limited that is, the Foreign Intelligence Sur- farious scheme to go forward. They did to the three documents that were at veillance Act materials. We normally not try to use every reasonable effort issue in the hearing. Those documents do not get these types of documents in to see whether subpoenas were actually have already been produced. It has not either Democrat or Republican admin- necessary. And I am sure the reason, been limited to the 23 documents listed istrations. And there is a good reason. they will say, is because John Ashcroft in the first part of their document re- Because this place is a sieve. You can’t has not appeared before the committee quest. It is a broadly worded subpoena keep anything secret up here. It is easy in a long time. that would encompass all documents to see why administrations do not like My gosh, the man almost died this and records on this subject since Janu- to give confidential, secret, or top se- year. And I don’t blame anybody for

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.137 S23PT2 S7284 CONGRESSIONAL RECORD — SENATE June 23, 2004 not wanting to come up in front of this a lot of help in our media in this coun- and on the legal opinion rendered by the At- bunch when all you do is get demeaned, try that seems to just go right along torney General in his letter of February 1, with implications that you are a liar, with it. 2002, I hereby determine as follows: that you are not cooperative, that you This may not be the end of the docu- Now, this is a finding, by the way: are not doing a good job, and many ment production by the Departments a. I accept the legal conclusion of the De- other implications, as well, that are de- of Justice and Defense, et cetera. The partment of Justice and determine that none rogatory in nature. Department of Justice has until June of the provisions of Geneva apply to our con- When are we going to start treating 30, 2004, to respond to the Democrats’ flict with al Qaeda in Afghanistan or else- administration people with respect and document request. It may well be that where throughout the world because, among other reasons, al Qaeda is not a High Con- dignity? Here the Democrats are not after June 30, 2004, there may be addi- tracting Party to Geneva. making any reasonable effort to at- tional documents that we will need to I think that sounds pretty logical to tempt to obtain any of the documents see. But to seek such a broadly worded a logical person. But look at this: by other means. They did not even give subpoena prematurely makes abso- the Justice Department a day to re- lutely no sense. It flies in the face of b. I accept the legal conclusion of the At- spond to their written questions before torney General and the Department of Jus- reasonableness. tice that I have the authority under the Con- drafting a subpoena. What kind of bul- But let me say that it appears from stitution to suspend Geneva as between the lying tactic is that? We know what the what we know now—and I will expect United States and Afghanistan, but I decline Democrats are up to because the Sen- the administration to correct me if I to exercise that authority at this time. Ac- ator from Vermont told us what the am wrong on this point—we have al- cordingly, I determine that the provisions of purpose of a subpoena was just 4 years ready gotten the most important docu- Geneva will apply to our present conflict ago. ments. But I guess they just have not with the Taliban. I reserve the right to exer- He said: given the Democrats enough fodder cise this authority in this or future conflicts. [I]ssuing subpoenas may make for a good with which they can attack the Attor- There is good reason why he reserved show of partisan force by the majority but ney General and the President and oth- the right to exercise this authority—a certainly continues the erosion of civil dis- ers in this administration. After all, very good reason—and that is, we are course that has marked this Congress. Why most of them were legal documents, not fighting a conventional war; we are is that true then but not now? Let me sug- fighting a war in the most unconven- gest that my Democratic colleagues are try- legal opinions, where you can differ, ing to take this one step further, as well. and in most cases where they say, well, tional way, against people who do not The minority is attempting to make a show this is what the law is, but there is an- wear uniforms, who do not represent a of partisan force by distorting the facts for other side to it that could be argued, particular country, who are helter- the American public. and the courts might find something to skelter all over the world, who are vi- Especially where the administration it. That is what you expect in a legal cious, brutal killers and murderers and has indicated its willingness to be co- opinion. But they not only ask for the terrorists, who have more than shown operative, issuing a subpoena would legal opinions; they ask for the pre- us how vicious they are. They do not not merely continue the erosion of paratory documents that were leading deserve, in the eyes of many legal civil discourse; it would accelerate it up to the legal opinions. minds, the type of protections that Ge- by exponential proportions. I heard my colleague from Vermont neva would provide. But he is going to To suggest that the Senate issue a mention, repeatedly: Like water, gov- provide it to them anyway. subpoena before the deadline to comply ernment policy flows downhill. I must But that is not good enough over with a document request has even say that I agree with him. Clearly, the here. They have to find something, in passed irreparably debilitates the most important document of those re- some documents, in these hundreds of credibility of my colleagues and shows leased by the White House is the one pages of documents, that can help to they are merely grandstanding and not that the President of the United States bring down this President. pursuing a legitimate oversight func- signed on February 7, 2002. You do not Well, look, go to No. 3: tion, in spite of the holier-than-thou get any higher than the President in Of course, our values as a nation, values approach that some of them use. this country, from a political stand- that we share with many nations in the Now, we have seen holier-than-thou point. world, call for us to treat detainees hu- approaches on both sides, I suppose, In that memo, the President ac- manely, including those who are not legally entitled to such treatment. but I have never seen it worse than it knowledged that even though he was is right now. advised that he was not legally obli- Our Nation has been, and will con- Yesterday, the President released not gated to provide the protections of the tinue to be, a strong supporter of Gene- only the three documents at issue in Geneva Conventions to the Taliban or va and its principles. As a matter of the DOJ oversight hearing but 260 to the detainees at Guantanamo Bay, policy, the U.S. Armed Forces shall pages of documents, at my request— Cuba, that he intended to do so any- continue to treat detainees humanely something I said I thought I could get way. and, to the extent appropriate and con- them to do, after having talked with But that is not enough for them. sistent with military necessity, in a the Attorney General of the United Here is the now unclassified White manner consistent with the principles States and Judge Gonzales. That was House memorandum for the Vice Presi- of Geneva. not good enough at the time. They dent, the Secretary of State, the Sec- I do not know how you say it much were moaning and picking and groan- retary of Defense, the Attorney Gen- more clearly than that. But you have ing at me, saying they would never do eral, the chief of staff to the President, read all the newspapers condemning it. But they did. the Director of Central Intelligence, the President. Yet the President is fol- Thus far, the administration has re- the assistant to the President for Na- lowing Geneva. But he did. To hear the leased 13 lengthy memoranda relating tional Security Affairs, the Chairman other side, you would think that he did to the treatment or interrogation of of the Joint Chiefs of Staff. not. detainees, including relevant docu- These are documents that are usually Look at No. 5: ments that were not specifically re- never given up by Presidents, by the I hereby reaffirm the order previously quested by the committee. way. issued by the Secretary of Defense— Come on. This administration has The subject: ‘‘Humane Treatment of ‘‘[P]reviously issued by the Secretary bent over backwards, and they will al Qaeda and Taliban Detainees.’’ The of Defense’’— never satisfy these naysayers on the part shown at the bottom on this page to the United States Armed Forces requiring other side who want to make political of the letter is in yellow. Let me read that the detainees be treated humanely and, points and who want to damage the At- the paragraph just above that. Let me to the extent appropriate and consistent torney General of the United States, read No. 2: with military necessity, in a manner con- sistent with the principles of Geneva. the Secretary of Defense, and, above Pursuant to my authority as Commander all, the President of the United States. in Chief and Chief Executive of the United I do not know what my colleagues I have to say, they are really good at States, and relying on the opinion of the De- need further, but that is what the playing this political game. They have partment of Justice dated January 22, 2002, President signed. My gosh, there is the

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.138 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7285 President’s signature right at the bot- I said earlier today I am one of the which means even the President, as if tom of this letter. few people who has gone to and gone he were over there in Abu Ghraib him- I hereby direct the Secretary of State to completely through Guantanamo. I can self, or Rumsfeld was over in Abu communicate my determinations in an ap- only speak for the time I was at Guan- Ghraib or General Abizaid, they should propriate manner to our allies, and other tanamo and that was a few weeks ago. be punished, or there should at least be countries and international organizations But I went and witnessed their interro- some responsibility on their part for cooperating in the war against terrorism of gation techniques. I saw two interroga- this aberration of conduct by so few in global reach. tions that were not staged for me—one the Abu Ghraib prison. My gosh, what is this all about? I will with a very uncooperative al-Qaida Let me tell you, I am getting sick of tell you what it is all about. It is about member they would occasionally get it. I am getting sick of this partisan politics, pure and simple. They cannot something from and another with an- activity. I don’t have much of a voice win fairly, so they do it by distorting other one who has been very coopera- right now because I am so doggone sick what is going on. tive because of the techniques that of it. Frankly, it is beneath the dignity If they could win by distorting, that have been used, that have been fair and of the Senate. I think there might would be great, hunky-dory for them, I reasonable, within the Geneva Conven- come a time for subpoenas, if there had suppose. Well, it is not for me. tions rules and techniques. I saw how been no cooperation, if there had been Paragraph 2b: they handled the prisoners. I saw the plenty of honorable time given to the I accept the legal conclusion of the Attor- incentive systems to get the detainees administration to comply, if there had ney General . . . to try to cooperate. been no compliance, if there hadn’t This is the fellow they are maligning I saw the assault record of some of been any effort by the chairman to try all the time. This awful Attorney Gen- these vicious detainees who I think and obtain these documents, if there eral, John Ashcroft. But he says: some on the other side would like to had been no response by the White I accept the legal conclusion of the Attor- coddle right to bed every night. Dozens House counsel or the White House ney General and the Department of Justice of assaults made against our soldiers, itself, or if there had been no desire on that I have the authority under the Con- including, since these are open wire the part of the Attorney General to co- stitution to suspend Geneva as between the cells, on a number of occasions throw- operate. They now have all the docu- United States and Afghanistan, but I decline ing urine and feces all over the soldiers ments they asked for at that hearing. to exercise that authority at this time. who have to walk up and down the And now we get a request, a broad re- He determines that the provisions of halls. quest for so many more that would tie the Geneva will apply. I don’t know about you, but if some- up all of these important people to Of course, our values as a Nation, values body did that to me, I wouldn’t be very such a degree that I think it damages that we share with the other nations in the happy. If I recall correctly, there have our young men and women not only in world, call for us to treat detainees hu- only been three times where they have Iraq but Afghanistan as well. manely . . . had to discipline soldiers because the Why? Why is it? Why do we hear The fact is some of our rest of them stood and took it, even these holier than thou rantings? Be- knuckleheads—darn few of them—have though that is one of the most offen- cause we have to make sure this ad- treated detainees inhumanely. You sive things that could be done to some- ministration does its job because we would think the President himself body, three times. One was acquitted, don’t trust them, I guess. At least that went over there and did those awful the other two suffered severe punish- seems to be the tenor of the argument, things, or that Donald Rumsfeld, who ment. and that this administration must be has done a fantastic job in helping to In other words, we have punished our doing something wrong because it had change the whole military structure in soldiers for getting mad because some- legal memoranda and legal opinions many ways in this country for the bet- body threw feces and urine on them. I that indicated maybe the Geneva Con- ter, had gone over there and done this, would be mad. I am for our soldiers. I ventions don’t apply in this unconven- or General Abizaid. wish—I am not going to second-guess tional war, with unconventional, mur- That letter blows away these types of the military courts, but I wish they derous, and vicious terrorists. phony arguments. had not been punished other than Well, let me say, I am disappointed After hundreds of pages of analysis, maybe reprimanded. There are some they ignore these types of documents. I after months of research and writing, down there who are so vicious they am disappointed we get all these docu- the most severe punishment the Sec- would kill our soldiers if they had a ments and they are not satisfactory. I retary of Defense authorized is the chance. And they have done things like am disappointed there is a call for ‘‘use of mild, noninjurious physical this repeatedly. Dozens and dozens of transparency of all these things. I contact such as grabbing, poking in the assaults on our young men and women guess Osama bin Laden can read these chest with the finger and light push- down there. things as well, or even Zarqawi, and ing.’’ What bothers me, almost more than know everything we are thinking, ev- I could tell you, having studied it, anything else, is I have described one erything we do. He ought to be able to there is a whole panoply of acceptable of the Presidential findings, and there cut off a lot of heads with the knowl- Geneva interrogation techniques. I can are others that are being read on the edge we are giving him. tell you not all of them were used. The sides of mountains by Zarqawi and by The fact is, almost any time any- top level of very stressful ones were Osama bin Laden, top secret docu- thing is released here, it shows up in not authorized to be used. ments that have been given up because the liberal media. It shows up to the Everything I have seen says that. of these types of shenanigans. These disadvantage of our country, to the dis- Why this body would want to issue a types of things put our young men and advantage of our young men and subpoena that, one, failed in com- women at risk. These political games women over there. I don’t think any- mittee—they couldn’t get it through are putting young men and women at body on this side is saying we should committee because everybody there risk. To disclose anything about inter- not be transparent in the ways we recognized it was a political exercise, rogations puts our young men and should be transparent, but to use that brought very prematurely, without giv- women at risk. That does not mean we transparent argument and push it to ing the administration a chance to should not prosecute those who have its ultimate extreme means we should comply, in disregard of the committee violated the President’s order of hu- not have 15 intelligence agencies where chairman’s, my, offer to bring about a mane treatment. But interestingly we have classified information to pro- release of documents, and with a re- enough, in the Abu Ghraib prison situ- tect our country. If you push it to the lease of documents that is, by any ation, the minute it became known extreme, that is what you are saying. I measure, impressive—and two, is not these types of activities were going on, believe it has been pushed to exactly ripe since the deadline to respond to investigations started and prosecutions that extreme. the document request has not even have resulted. But that is not good I believe the demands have been ex- come and gone. Why they would do enough because there is a demand that treme. They are unconscionable in that is beyond me. they have to go right up to the top some ways—not all of them. That is

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.140 S23PT2 S7286 CONGRESSIONAL RECORD — SENATE June 23, 2004 why the documents are being given to The Senator from Vermont is recog- circling the wagons of the unfolding them. It was important to meet the nized. prisoner abuse scandal. reasonable requests for those three Mr. LEAHY. Mr. President, I appre- The American public—Republicans, documents. They have been given. I ciate the continuing courtesy of my Democrats, and Independents—are sick don’t see anything wrong with that. dear friend, the senior Senator from and tired of being lied to. They are sick I also believe we ought to respect the Virginia. I said earlier on the floor of of the secrecy. They are demanding an- need to keep some matters from trans- the Senate that he and I have been swers all over this Nation, but the wag- parency in the best interests of our friends for over a quarter of a century. ons continue to circle. young men and women. I have to say I I have aged in that time, but he has My amendment would require the ad- know that not all of our servants act not. I do appreciate his continuing ministration to cooperate with a thor- appropriately. Everybody makes mis- courtesies. ough congressional investigation into takes. Certainly, the things that hap- Mr. WARNER. I thank my colleague. the abuse of prisoners in U.S. custody pened in Abu Ghraib and in Afghani- We have served together these 26 years by releasing all documents relevant to stan should never have happened. They now in this body. the scandal. We call for the release of need to be investigated, and, where ap- Mr. LEAHY. Mr. President, I have all relevant documents, not a tiny sub- propriate, prosecutions have to take listened to some of the debate in the set of documents selected by the ad- place. Nobody should be spared who last 30 or 40 minutes, and it is sort of ministration when the political heat participated in those wrongful, illegal like a tempest in a teapot—a great deal was on. activities that fly in the face of what of shouting and carrying on, but not The question for us as Senators is, Are we content to see the Senate serve the President approved and what the really hitting the central point. as an arm of the executive branch, or Secretary of Defense approved. I stand I spent years as a prosecutor. It was are there some of us—at least a major- with my colleagues on the other side one of the best jobs I ever had. I had ity of us—who actually read the Con- with regard to that. There is no doubt the great opportunity to try a lot of stitution and realize we are an inde- in my mind about that. cases. I was in the courtroom several But when it comes to just playing days every week in Burlington, VT. We pendent branch of Government? The crass politics and demanding more and had a saying there, as we do in many distinguished senior Senator from West more so it can be released to the public States, that if you have the facts on Virginia has reminded us that we do not serve under Presidents, we serve so ‘‘transparency’’ can be had over doc- your side, you pound the facts. If you with Presidents. He has reminded us uments that should not be released to have the law on your side, you pound that there are three branches of Gov- the public, then I have to call it what the law. Of course, if you have neither ernment, each independent of the it is. It is crass political activity that on your side, you pound the table. We other. Nonetheless, we hear arguments flies in the face of what is right. I have heard a lot of table pounding to- on the floor that we can’t ask for these think directly and indirectly it hurts night. documents because the executive our young men and women overseas. The fact is that every American, Re- branch does not want to show them to I yield the floor. publican or Democrat, knows that us. But, we are independent Senators, The PRESIDING OFFICER. The Sen- some terrible things happened at Abu all 100 of us. ator from Nevada is recognized. Ghraib prison. Some apparently hap- Mr. REID. Mr. President, the chair- Somewhere in the upper reaches of pened in Afghanistan and some in this administration, a process was set man of the Judiciary Committee, my Guantanamo. These are acts that are friend, has spoken for about 55 min- in motion that seeped forward until it beneath a great and wonderful country produced this awful scandal. So to put utes, which leaves little time for the such as the United States, a country ranking member of the Judiciary Com- the scandal behind us—which all of us blessed with a Constitution and laws want to do—we have to understand mittee, the person going to offer the and values that serve as a shining bea- amendment. I will not offer a unani- what happened. con for much of the rest of the world. The President of the United States mous consent agreement until such This did not happen here, and it is has said they want to get to the bot- time as the manager of the bill or not answered by going out and cash- tom of this. So do I, but you cannot get someone from the majority is able to iering a couple of corporals or a couple to the bottom of this until you have a respond, but I am going to ask unani- of privates and saying: There, look clear picture of what is on the top. We mous consent that the Senator from what we have done. have heard the party line on this scan- Vermont be allowed to speak until the We all know that the 140,000 Amer- dal. The Senator from Alabama argued hour of 9:45. ican men and women serving in Iraq that the whole thing boils down to just I suggest the absence of a quorum. and in Afghanistan and Guantanamo The PRESIDING OFFICER. The a few people on the midnight shift in are obeying the laws, and upholding Abu Ghraib prison who got out of con- clerk will call the roll. the best ideals of the United States. The assistant legislative clerk pro- trol. He said that a few people came in And many of our soldiers have been at midnight and somehow they got out ceeded to call the roll. told they are going to serve much Mr. REID. Mr. President, I ask unan- of control. That line has become harder longer than their Government origi- imous consent that the order for the and harder to swallow as every day new nally told them they would have to. evidence surfaces that the abuses were quorum call be rescinded. There are some, however, who did the The PRESIDING OFFICER. Without widespread. same wrong things in Iraq as they did objection, it is so ordered. The photographs may be limited to a Mr. REID. Mr. President, I ask unan- in Afghanistan and as they did in small group of soldiers at Abu Ghraib, imous consent that the order be ex- Guantanamo. Who gave them the green but the abuses were not. It is not right tended to allow the Senator from light? Don’t tell me it is just a handful for any of us to claim this was just a Vermont to speak for 15 minutes, and of bad actors. If so, those few bad ac- small thing when every one of us has that following his speech, we vote on tors must have a wonderful frequent seen how extensive the photographs the pending amendment. flyer program to be able to show up in are, those that have been revealed to The PRESIDING OFFICER. Is there Abu Ghraib one day, Afghanistan the the public and those that have not. objection? next, and Guantanamo the next. Some- I question the idea that it was only Mr. WARNER. Mr. President, we where there was some core permission in Abu Ghraib. As I said, somebody want to accommodate the Senator. given. It went to those who were will- must be getting frequent flyer miles Whatever happened, happened. We are ing to follow a wrong order. because the same thing was happening glad to, in an equitable way, offer him My colleagues can table my amend- at Abu Ghraib prison, Afghanistan, and this time. I will try to take the floor in ment, but it will aid the coverup of Guantanamo. Just last week, a Federal the area of 9:40, if that is convenient. what has become an international pris- grand jury indicted a CIA contractor Mr. LEAHY. How about 9:45? oner abuse scandal. If this amendment for brutally beating a prisoner in Af- Mr. WARNER. OK. Thank you. is tabled, as it may be, it says that the ghanistan in June of last year. Why did The PRESIDING OFFICER. Without Republican Senators have decided to they indict him? Because the prisoner objection, it is so ordered. join the Republican administration in died the day after he was beaten.

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.146 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7287 The Army has opened a criminal in- Senators we have the moral authority (A) Memorandum for Timothy E. vestigation into injuries suffered by a to ask questions and demand answers Flannigan, Deputy Counsel to the President, U.S. soldier who was posing as an unco- today. from John Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: The operative detainee during training with We have been blessed in this country President’s constitutional authority to con- military police at Guantanamo Bay. with a great and wonderful country, duct military operations against terrorists That soldier suffered traumatic brain but that is a blessing that comes with and nations supporting them (Sept. 25, 2001); injury. This was a brave American sol- some responsibilities. We are not main- (B) Memorandum for Alberto Gonzales, dier who went into a training program. taining that responsibility unless we Counsel to the President, from Patrick F. Suddenly, apparently, the rules keep the pressure on, until we get hon- Philbin, Deputy Assistant Attorney General, changed, He used a code word to stop Office of Legal Counsel, Re: Legality of the esty and we get answers. use of military commissions to try terrorists it. He said: I am an American soldier. So I urge my colleagues, vote down (Nov. 6, 2001); They kept on doing what somebody the motion to table. Let us show the (C) Memorandum for William J. Haynes, higher up had given them the order to Senate is willing to stand up. Let us do General Counsel, Department of Defense, do, and he suffered traumatic brain in- what Senators have done in the past. from John Yoo, Deputy Assistant Attorney jury. We did it during the Watergate era. We General, and Patrick F. Philbin, Deputy As- I could go on and on about this. My have done it at other times. Let us sistant Attorney General, Re: Possible ha- point is, it is not just a few bad apples beas jurisdiction over aliens held in Guanta- stand up and ask the questions the namo Bay (Dec. 28, 2001); in Abu Ghraib. These things have hap- American public wants us to ask. (D) Draft Memorandum for William J. pened in Afghanistan, Iraq, and Guan- The press seems to be doing it for us. Haynes, General Counsel, Department of De- tanamo. Does anybody seriously think After extensive investigation, the fense, from John Yoo, Deputy Assistant At- that the American public is going to Guardian uncovered widespread evi- torney General, and Robert J. Delahunty, fall for a lie that it is a coincidence dence of violent abuse and sexual hu- Special Counsel, Office of Legal Counsel, Re: Application of treaties and laws to al Qaeda that a bunch of MPs in Iraq were abus- miliation of prisoners at Baghram and ing prisoners with the very same tac- and Taliban detainees (Jan. 9, 2002), and any other U.S. detention centers around Af- final version of this Draft Memorandum; tics that were being debated at the ghanistan. We should have found that (E) Memorandum from William Howard highest levels of Government, such as out, and we should have stopped it. As Taft IV, Department of State Office of Legal the use of hoods, the use of dogs, the I said before, a Federal grand jury in- Advisor, Re: Response to the January 9 Yoo/ removal of clothing? Do we think these dicted a CIA contractor for brutally as- Delahaunty memo (Jan. 11, 2002); people are somehow telepathic, that (F) Draft Memorandum for the President saulting a detainee in Afghanistan from Alberto Gonzales, Counsel to the Presi- they can read the minds of those at the June 2003. We should have found that White House or the Pentagon? dent, Re: Decision re application of the Ge- out. Instead, we turned a blind eye. neva Convention on Prisoners of War to the Yesterday, the White House released Defense Secretary Rumsfeld admit- conflict with al Qaeda and the Taliban (Jan. a tiny subset of the materials we ted in November 2003 that he ordered a 25, 2002), and any final version of this Draft sought. This was not all the material prisoner be held incommunicado, off Memorandum; we requested. It was a tiny subset. All the prison rolls, and out of the sight of (G) Memorandum for Alberto Gonzales, Counsel to the President, from Secretary of of those documents should have been the Red Cross. This ghost detainee got provided earlier to Congress. Much State Colin Powell, Re: Response to the lost in the system for 7 months. De- Gonzales draft memo of January 25, 2002 more remains held back from public spite his high intelligence value, this view. (Jan. 26, 2002); ghost detainee received only a cursory (H) Memorandum for John Yoo, Deputy As- The documents that were released initial interview while in detention. sistant Attorney General, Office of Legal raised more questions than they an- Major General Taguba later criti- Counsel, from James C. Ho, Attorney-Advi- swered. cized the practice of keeping ghost de- sor, Office of Legal Counsel, Re: Possible in- After January 2002, did the President terpretations of Common Article 3 of the 1949 sign any other orders or directives? Did tainees as deceptive, contrary to Army Geneva Convention Relative to the Treat- he sign any with regard to prisoners in doctrine, and in violation of inter- ment of Prisoners of War (Feb. 1, 2002); Iraq? Why did Secretary Rumsfeld national law. (I) Memorandum for Alberto Gonzales, The New York Times reported that Counsel to the President, from William How- issue and later rescind interrogation ard Taft IV, Department of State Office of techniques? military lawyers and some colonels re- ceived memos citing complaints of Legal Advisor, Re: Comments on your paper How did these interrogation tech- on the Geneva Convention (Feb. 2, 2002); niques come to be used in Iraq even abuse at Abu Ghraib in November 2003, (J) Memorandum for William J. Haynes, II, though the administration has main- 2 months before photographic evidence General Counsel, Department of Defense, tained it followed the Geneva Conven- of abuse prompted the military to from Jay S. Bybee, Assistant Attorney Gen- tions there? launch an investigation. At the same eral, Office of Legal Counsel, Re: The Presi- Why is the White House withholding time, the letters I had written to the dent’s power as Commander in Chief to Department of Defense and others transfer captured terrorists to the control relevant documents produced after and custody of foreign nations (Mar. 13, 2002); April 2003? about what we had heard were not an- (K) Memorandum for Daniel J. Bryant, As- Where is the remaining 95 percent of swered. sistant Attorney General, Office of Legal the materials requested by members of In fact, it turns out now that the ma- Counsel, from Patrick F. Philbin, Deputy As- the Senate Judiciary Committee? jority of detainees at Guantanamo Bay sistant Attorney General, Office of Legal We have heard on the floor there was are not the worst of the worst, as the Counsel, Re: Swift Justice Authorization Act a broad-brush request made for the administration asserted, but rather (Apr. 8, 2002); documents. But it was actually a re- low-level recruits or even innocent (L) Memorandum for General James T. Hill from Defense Secretary Rumsfeld, Re: Coer- quest for 23 specific documents. The men swept up in the chaos of war. This cive interrogation techniques that can be White House gave 3 of the 23 and said is why, after years, not a single one has used with approval of the Defense Secretary that it had complied. Incidentally, of been brought before a military tri- (Apr. 2003); those three, two had already appeared bunal. This is not the mark of a great (M) Memorandum from CJTF–7, Re: Appli- on the Internet. The press had found country. This is not the mark of a cability of Army Field Manual 34–52 and sen- them out before the White House gave moral country. sory deprivation (Sept. 10, 2003); (N) Directive of Lt. General Ricardo them to us. The PRESIDING OFFICER. The Sen- Sanchez entitled ‘‘Interrogation and So even though they gave only one ator’s time has expired. Counter-Resistance Policy’’ (Sept. 12, 2003); that had not been made public before, I Mr. LEAHY. I ask unanimous con- (O) Memorandum from CJTF–7 on interro- will give them credit for all three. sent that materials provided under the gations (Sept. 28, 2003); Where are the other 20? amendment be printed in the RECORD. (P) Memorandum for MI personnel at Abu When are we, as Senators, going to There being no objection, the mate- Ghraib, Re: Interrogation rules of engage- ment (Oct. 9, 2003); stop sitting on our hands, becoming a rial was ordered to be printed in the (Q) Memorandum for Commander of MI rubberstamp for an administration RECORD, as follows: Brigade from Lt. General Ricardo Sanchez, cloaked in secrecy? The materials provided under the amend- Re: Order giving military intelligence con- We have the legal right, we have the ment should include, at a minimum, the fol- trol over almost every aspect of prison con- constitutional obligation, and I remind lowing: ditions at Abu Ghraib with the explicit aim

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.148 S23PT2 S7288 CONGRESSIONAL RECORD — SENATE June 23, 2004 of manipulating the detainees’ ‘‘emotions Byrd Graham (FL) McCain question, but if the answer is yes, then and weaknesses’’ (Oct. 12, 2003); Cantwell Graham (SC) Mikulski the Congress has the ability to receive (R) Memorandum for Review and Appeal Carper Hagel Murray Clinton Harkin Nelson (FL) such information. Board at Abu Ghraib from Detainee Assess- Conrad Inouye ment Branch (Nov. 1, 2003 through Jan. 31, Nelson (NE) It is important to focus on the issue Corzine Jeffords Pryor 2004); Daschle Johnson at hand, which is what information Reed should, and must, be provided to Con- (S) Memorandum for MP and MI personnel Dayton Kennedy Reid DeWine Kohl at Abu Ghraib from Colonel Mac Warren, the Rockefeller gress so it can perform its constitu- Dodd Landrieu top legal adviser to Lt. General Ricardo Sarbanes tional role to legislate and conduct Dorgan Lautenberg Sanchez, Re: New plan to restrict Red Cross Schumer Durbin Leahy oversight. The issue is not what infor- access to Abu Ghraib (Jan. 2, 2004); Edwards Levin Specter mation to provide to the terrorists. Stabenow (T) Memorandum for Superiors from Maj. Feingold Lieberman Mr. DURBIN. Mr. President, I rise General Antonio Taguba, Re: Results of in- Feinstein Lincoln Wyden today in support of the Leahy second- vestigation into the 800th MP Brigade’s ac- NOT VOTING—5 tions in Abu Ghraib (Mar. 12, 2004); degree amendment. I am proud to co- (U) Memorandum from the Department of Bingaman Hollings Sununu sponsor the Leahy second-degree Brownback Kerry Justice, Re: Liability of interrogators under amendment. The Leahy amendment the Convention Against Torture and the The motion was rejected. would require the administration to Anti-Torture Act when a prisoner is not in AMENDMENT NO. 3485 provide the Senate with all documents U.S. custody. Mrs. FEINSTEIN. Mr. President, I in the Justice Department’s possession (V) Review, study, or investigation report rise this evening in support of Senator relating to the treatment and interro- by LTC Chamberlain, Re: State of prisons in LEAHY’s second-degree amendment gation of detainees. Iraq (addressing the high proportion of inno- which seeks to compel, by law, the Ex- cent people in the prisons and the lack of re- Since the world learned about the lease procedures for detained Iraqis). ecutive Branch to provide certain im- horrible abuses at Abu Ghraib prison, portant documents to Congress. there has been mounting evidence that The PRESIDING OFFICER. The Sen- I wish to focus on one particular ator from Virginia. high-ranking members of this adminis- issue that has been raised by those who tration authorized the use of interroga- Mr. WARNER. The distinguished oppose this effort—that provision of Senator from Utah will address the tion tactics that violate our long- these documents will endanger our na- standing treaty obligations. There is Senate. We are ready to go to votes. tional security by informing our en- The PRESIDING OFFICER. The Sen- increasing pressure on the administra- emies of the details of our interroga- tion to come clean and provide the ator from Utah. tion tactics. Mr. HATCH. I move to table the un- Congress with all documents related to I believe this objection is misplaced the use of torture. derlying Leahy amendment and ask for and the danger of compromising na- Yesterday, in a transparent effort to the yeas and nays. tional security can be easily and sim- stop the pressure for full disclosure, The PRESIDING OFFICER. Is there a ply eliminated. sufficient second? I am a member of the Select Com- the administration provided Congress There appears to be a sufficient sec- mittee on Intelligence, and as my col- with a 2-inch stack of documents. But ond. leagues know, that committee regu- a cursory review of these documents The question is on agreeing to the larly receives information of the high- reveals that the administration is motion. est classification involving our Intel- withholding a lot of crucial informa- The clerk will now call the roll. ligence community. Similarly, the tion. If anything, the documents that were released yesterday make it even The legislative clerk called the roll. Armed Services Committee receives in- more clear that we need complete dis- Mr. MCCONNELL. I announce that formation about the most sensitive of closure from the administration. As the Senator from Kansas (Mr. our military secrets. The Judiciary the Chicago Tribune reported today: BROWNBACK) and the Senator from New Committee receives information about Hampshire (Mr. SUNUNU) are nec- extremely sensitive law enforcement The memos left unanswered at least as essarily absent. matters. In short, the Congress and its many questions as they answered. White committees are regularly provided the House officials acknowledged that the docu- I further announce that if present ments provided only a partial record of the and voting the Senator from Kansas most sensitive of our Nation’s secrets. administration’s actions concerning treat- (Mr. BROWNBACK) would vote ‘‘yes.’’ In the present case I accept that ment of prisoners. Mr. REID. I announce that the Sen- some of the documents we have sought What do the documents that were re- ator from New Mexico (Mr. BINGAMAN), from the Department of Justice and leased show? In a January 2002 memo, the Senator from South Carolina (Mr. Department of Defense about the law, the President concluded that ‘‘new HOLLINGS) and the Senator from Massa- policy and procedures governing inter- thinking in the law of war’’ was need- chusetts (Mr. KERRY) are necessarily rogations may be properly classified. In ed. Under our Constitution, it is absent. other words, I quote from the gov- Congress’s job to make the laws. If the The PRESIDING OFFICER (Mr. erning executive order, Executive Order 12958, which describes ‘‘top se- President wants to change the law of COLEMAN). Are there any other Sen- war, which has served our country well ators in the Chamber desiring to vote? cret’’ as being information ‘‘the unau- thorized disclosure of which reasonably since the time of President Abraham The result was announced—yeas 45, Lincoln, he must come to the Congress nays 50, as follows: could be expected to cause exception- ally grave damage to the national secu- and ask us, the people’s representa- [Rollcall Vote No. 143 Leg.] rity.’’ tives, to change the law. He cannot YEAS—45 But the question of classification is change the law by executive fiat. The Alexander Crapo McConnell unrelated to the question of whether memo from the President was stamped Allard Dole Miller for declassification in 2012, so clearly Allen Domenici Murkowski the Congress should have access to in- Bennett Ensign Nickles formation which is needed. We have this administration had no intention to Bond Enzi Roberts procedures, administered by the Office consult with Congress or the American Bunning Fitzgerald Santorum of Senate Security, which ensures that people about their plans to change the Burns Frist Sessions law of war. Campbell Grassley Shelby such information is handled properly, Chafee Gregg Smith safely, and securely. simply put, pro- In response to the President’s man- Chambliss Hatch Snowe viding information to the Congress is date, in August 2002, the Justice De- Cochran Hutchison Stevens partment sent a memo to the White Coleman Inhofe Talent not the same as making it public, or Collins Kyl Thomas providing it to terrorists. House on the use of torture. It makes Cornyn Lott Voinovich As some of my colleagues know, I unprecedented claims about the Presi- Craig Lugar Warner asked the Attorney General directly dent’s power that violate basic con- NAYS—50 whether any of the material which he stitutional principles. The Justice De- Akaka Bayh Boxer was refusing to provide to the Congress partment concludes that the torture Baucus Biden Breaux was classified. He did not answer my statute, which makes torture a crime,

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.057 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7289 does not apply to interrogations con- swered. They include directives related and the Senator from Massachusetts ducted under the President’s Com- to Defense Department interrogations (Mr. KERRY) are necessarily absent. mander in Chief authority. They also of detainees at Guantanamo Bay. But Mr. MCCONNELL. I announce that adopt a new, very restrictive definition they do not tell us what interrogation the Senator from Kansas (Mr. of torture. They state that torture in- techniques were approved for use by BROWNBACK) and the Senator from New volves: the CIA or other government agencies. Hampshire (Mr. SUNUNU) are nec- . . . intense pain or suffering of the kind They do not tell us what interrogation essarily absent. that is equivalent to the pain that would be techniques were approved for use in I further announce that, if present associated with serious physical injury so se- Iraq. Yesterday, White House Counsel and voting, the Senator from Kansas vere that death, organ failure, or permanent Gonzales said, ‘‘We categorically reject (Mr. BROWNBACK) would vote ‘‘no.’’ damage resulting in a loss of significant any connection’’ between the Adminis- The PRESIDING OFFICER. Are there body function will likely result. tration’s torture memos and abuses at any other Senators in the Chamber de- This contradicts what Attorney Gen- Abu Ghraib. siring to vote? eral John Ashcroft told the Judiciary But how can the administration re- The result was announced—yeas 46, Committee just 2 weeks ago. He said ject these connections when the tech- nays 50, as follows: that it is Congress’s job to define tor- niques that Rumsfeld approved for use [Rollcall Vote No. 144 Leg.] ture and that the administration had in Guantanamo were also used in Abu YEAS—46 not adopted a new definition of torture. Ghraib prison? And what about the Akaka Durbin Lieberman The Defense Department, relying on Justice Department torture memo? Ac- Baucus Edwards Lincoln the Justice Department’s work, also cording to press reports today, the ad- Bayh Feingold Mikulski responded to the President’s call for Biden Feinstein Murray ministration is now disavowing the new thinking about the law of war. In Boxer Graham (FL) Nelson (FL) memo. Breaux Harkin a November 2002 memo, Defense Sec- Nelson (NE) But what does that mean? The memo Byrd Hollings Pryor retary Rumsfeld approved the use of Cantwell Inouye Reed was apparently vetted by the Justice Carper Jeffords coercive interrogation techniques at Reid Department, sent to the White House, Clinton Johnson Rockefeller Gauantanamo Bay. These included ‘‘re- Conrad Kennedy and was the basis for the Defense De- Sarbanes moval of clothing,’’ using dogs to in- partment’s memos on torture. Corzine Kohl Daschle Landrieu Schumer timidate detainees, sensory depriva- Who requested the Justice Depart- Stabenow tion, and placing detainees in stress po- Dayton Lautenberg ment memo and what was done in re- Dodd Leahy Wyden sitions, including forced standing for sponse to the memo? Were the legal ar- Dorgan Levin up to 4 hours. Rumsfeld’s only com- guments contained in the memo used NAYS—50 ment on these procedures was a per- to justify the use of torture? Alexander Dole McConnell sonal note at the bottom of the ap- Yesterday, the President said, ‘‘We Allard Domenici Miller proval memo, ‘‘I stand for 8–10 hours a do not condone torture. I have never Allen Ensign Murkowski day. Why is standing limited to four ordered torture. I will never order tor- Bennett Enzi Nickles Bond Fitzgerald hours?’’ ture.’’ Roberts Bunning Frist Santorum Let me answer that question. What definition of torture is the Burns Graham (SC) In the 1930s, Stalin’s secret police Sessions President using? Is it the one that the Campbell Grassley Shelby Chafee Gregg forced dissidents to stand for prolonged Justice Department created? What Smith Chambliss Hagel periods to coerce confessions for show Snowe about other forms of cruel treatment Cochran Hatch Specter trials. In 1956, experts commissioned by that are prohibited by the Constitu- Coleman Hutchison Stevens the CIA documented the effects of tion, treaties and laws of the United Collins Inhofe forced standing. They found that an- Cornyn Kyl Talent States? Thomas kles and feet swell to twice their nor- Craig Lott This is a very serious issue for our Crapo Lugar Voinovich mal size, the heart rate increases, some Nation. The world is watching us. They DeWine McCain Warner people faint, and the kidneys eventu- are asking whether the United States NOT VOTING—4 ally shut down. will stand behind its treaty obligations After military officers raised moral Bingaman Kerry in the age of terrorism. Brownback Sununu and legal concerns about the tactics The Senate has an obligation to the The amendment (No. 3485) was re- Rumsfeld has approved, he rescinded Constitution and the American people jected. his approval while the Pentagon con- to answer these questions The only ducted an internal review. Mr. WARNER. Mr. President, I move way to do that is to obtain all of the to reconsider the vote. In an April 2003 memo, Rumsfeld relevant documents from the adminis- issued revised rules. These allowed for Mr. DASCHLE. I move to lay that tration. motion on the table. interrogation tactics with truly Or- The great challenge of our age is wellian names. These included: The motion to lay on the table was combating terrorism while remaining agreed to. ‘‘Sleep adjustment,’’ which the DOD true to the principles upon which our AMENDMENT NO. 3387 claims is not the same as sleep depriva- country was founded—liberty and the The PRESIDING OFFICER. The tion; rule of law. Our laws must not fall si- question is on agreeing to amendment ‘‘Dietary manipulation,’’ which DOD lent during time of war. No. 3387. claims is not the same as food depriva- I urge my colleagues to support the The amendment (No. 3387) was agreed tion; and Leahy amendment. ‘‘Environmental manipulation,’’ The PRESIDING OFFICER. The Sen- to. which DOD acknowledges ‘‘some na- ator from Virginia. AMENDMENT NO. 3468 The PRESIDING OFFICER. The tions’’ may view as ‘‘inhumane.’’ AMENDMENT NO. 3485 White House Counsel Alberto Mr. WARNER. Mr. President, the Democratic leader. Gonzales said these memos show that Senate now turns to the second-degree Mr. DASCHLE. Mr. President, I be- the administration engaged in a ‘‘thor- amendment and an up-or-down vote. lieve the veterans health care amend- ough and deliberative process’’ on in- I ask for the yeas and nays. ment is next; is that correct? terrogation practices. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. There There is just one problem: Congress sufficient second? are 2 minutes of debate evenly divided. was not involved in the process. Article There is a sufficient second. Mr. DASCHLE. Mr. President, one of 1 of the Constitution says that it is The question is on agreeing to the surprising aspects of the debate Congress that makes the laws, not the Amendment No. 3485. about the amendment now pending has President. The President cannot The clerk will call the roll. been the testimonials from some col- change the law of war or the definition The assistant legislative clerk called leagues who say they like the current of torture. Only Congress can. the roll. VA funding system. The memos that were released yes- Mr. REID. I announce that the Sen- If you believe you can look veterans terday leave many questions unan- ator from New Mexico (Mr. BINGAMAN) in the eye and tell them they are well

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.062 S23PT2 S7290 CONGRESSIONAL RECORD — SENATE June 23, 2004 served by the current VA health care derlying bill to exceed the committee’s The motion to lay on the table was system, then my amendment is not for allocation section 302(a) allocation. agreed to. you. Therefore, I raise a point of order The PRESIDING OFFICER. The Sen- If you are satisfied with telling against the amendment pursuant to ator from Virginia. 500,000 veterans they cannot enroll at 302(f) of the Congressional Budget Act AMENDMENT NO. 3467 WITHDRAWN the VA, then this amendment is not for of 1974. Mr. WARNER. Mr. President, I ask you. Mr. DASCHLE. Mr. President, I move unanimous consent to vitiate the ac- If you think the system is performing to waive the relevant sections of the tion on the Ensign second-degree well that results in hundreds of thou- Budget Act for my amendment, and I amendment No. 3467 and withdraw it. sands of veterans waiting months, ask for the yeas and nays. That is a technical requirement. sometimes years, to see a doctor to get The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without prescription drugs, then vote no on this sufficient second? There is a sufficient objection, it is so ordered. amendment. second. AMENDMENT NO. 3121 If you feel good about voting to ask The question is on agreeing to the Mr. ALEXANDER. Mr. President, I veterans to contribute more than a bil- motion. have submitted an amendment that lion dollars out of pocket for their The clerk will call the roll. makes sure that military families health care costs and send out the bill The legislative clerk called the roll. don’t lose eligibility for Head Start, collectors to hunt them down and Mr. MCCONNELL. I announce that the School Breakfast and Lunch Pro- make sure it works, this amendment is the Senator from Kansas (Mr. grams, Child Care and Development not for you. BROWNBACK) and the Senator from New Block Grants, and the Low Income En- Lastly, if you think it is appropriate Hampshire (Mr. SUNUNU) are nec- ergy Assistance Program when a par- to ask hundreds of thousands of men essarily absent. ent is sent off to war. and women to sacrifice everything for I further announce that if present Currntly, military families living on their country and not ensure that they and voting the Senator from Kansas the margin, who qualify for Federal can get access to health care when (Mr. BROWNBACK) would vote ‘‘nay.’’ benefits, are at risk of losing those they return, my amendment is not for Mr. REID. I announce that the Sen- benefits if the service member in the you. ator from Massachusetts (Mr. KERRY) family qualifies for special pay. If, for Those considering opposing my is necessarily absent. example, an active duty parent is de- amendment should take a look around. The PRESIDING OFFICER. Are there ployed to a combat zone, and begins to President Bush’s own veterans health any other Senators in the Chamber de- receive additional combat pay, the care task force, as well as the chair- siring to vote? temporary increase in income may re- man and ranking member of the House The yeas and nays resulted—yeas 49, sult in his or her family losing eligi- Committee on Veterans Affairs, believe nays 48, as follows: bility for vital social services. My the current system is broken and that [Rollcall Vote No. 145 Leg.] amendment would preclude additional it urgently needs fixing and have en- YEAS—49 military pay, specifically combat pay dorsed the concept underlying this and the family separation allowance, Akaka Dorgan Lincoln amendment. Every single veterans Baucus Durbin Mikulski from being counted as income for pur- group in the country has done so as Bayh Edwards Murray pose of determining eligibility for cer- well. Biden Feingold Nelson (FL) tain federal benefits. If you believe we have an obligation Bingaman Graham (FL) Nelson (NE) The Federal programs that are af- Boxer Harkin to our troops, I urge you to back it up Pryor fected are those that are available to Breaux Hollings Reed with action by voting for this amend- Byrd Inouye Reid all Americans and where Federal law Cantwell Jeffords ment. Rockefeller determines eligibility and generally Carper Johnson Sarbanes The PRESIDING OFFICER. The Sen- Clinton Kennedy provide food, child care, educational, Schumer ator from Oklahoma is recognized. Collins Kohl and energy assistance to needy fami- Mr. NICKLES. Mr. President, I urge Conrad Landrieu Snowe Specter lies. More specifically, the programs my colleagues to vote against this Corzine Lautenberg that would be affected are: The School Daschle Leahy Stabenow amendment. This amendment creates a Dayton Levin Wyden Breakfast and Lunch Programs, Child new entitlement program, set up by a Dodd Lieberman Care and Development Block Grants, formula designed to add benefits based NAYS—48 Head Start, and the Low Income En- on eligible people. My father-in-law is ergy Assistance Program. Alexander Dole Lugar eligible, but he doesn’t receive VA ben- Allard Domenici McCain The Subcommittee on Children and efits. Now we are going to set that up Allen Ensign McConnell Families, which I chair, in cooperation as an entitlement that would cost $300 Bennett Enzi Miller with the Armed Services Sub- Bond Feinstein Murkowski billion—three-fourths of the cost of the Bunning Fitzgerald Nickles committee on Personnel, chaired by Medicare bill expansion last year? We Burns Frist Roberts the Senator from Georgia, Mr. have a lot of people saying we believe Campbell Graham (SC) Santorum CHAMBLISS, has put a special focus on in paying for these. This was not paid Chafee Grassley Sessions helping military parents raising chil- Chambliss Gregg Shelby for. This would increase the deficit by Cochran Hagel Smith dren. Together we have held six hear- $300 billion. Coleman Hatch Stevens ings since June of last year—five in the We are doing a lot for veterans right Cornyn Hutchison Talent field, and one here in Washington. A now. If you look at it, we didn’t do a Craig Inhofe Thomas Crapo Kyl Voinovich number of issues have come to the at- lot during the Clinton administration, DeWine Lott Warner tention of Senators through these but we have done a lot under the Bush hearings. This amendment addresses NOT VOTING—3 administration—up 50 percent in the one of them. last few years. We are going from 2004, Brownback Kerry Sununu Among the many military personnel $61 billion, to $70 billion in 2005, a 15- The PRESIDING OFFICER. On this I have head from during this process percent increase. Yet some people say vote, the yeas are 49, the nays are 48. are Sergeant First Class Luis that is still not enough. Three-fifths of the Senators duly cho- Rodriguez, his wife Lilliam, and their I think this amendment is not so sen and sworn not having voted in the two young daughters. Sgt. Rodriguez, much about helping veterans. I think it affirmative, the motion is rejected. with the 101st Airborne, stationed out is trying to help politicians. I urge my The point of order is sustained, and the of Fort Campbell, and his family line colleagues to sustain the budget point amendment falls. in Clarksville, TN. When Sgt. of order. The Senator from Virginia. Rodriguez and his family moved to The pending amendment offered by Mr. WARNER. Mr. President, I move Fort Campbell, they tried to get one of the Senator from South Dakota, Mr. to reconsider the vote. their daughters, who was 4 years old at DASCHLE, increases mandatory spend- Mr. REID. I move to lay that motion the time, enrolled in their local Head ing and, if adopted, would cause the un- on the table. Start program before Sgt. Rodriguez

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.153 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7291 was shipped out to Iraq. However, the force jettisoned the ‘‘dominant reason’’ posal, the first 100 tankers produced Rodriguezes were informed that they Secretary Roche first cited in his July will not be capable of, among other couldn’t access Head Start because 10, 2003, report to Congress as the basis things, interoperability with Navy, Ma- they were over-income because of re- for having taxpayers pay billions of rine, or coalition assets, or simulta- ceiving the special pay. Sgt. Rodriguez dollars more for leasing tankers than neously refueling more than one re- left for Iraq and in November the truck they would for buying them. The Air ceiver aircraft. Rear Adm. Mark P. he was driving in Mosul hit an impro- Force’s representations on this issue Fitzgerald recently suggested that in vised explosive device, and he lost most remains a matter of continuing inves- theater, such a limitation restricts the of his right leg. Currently, he is recov- tigative concern. Navy’s long-range striking capability ering down the road at Walter Reed In another example, to comply with and fosters a needlessly risky aerial re- Medical Center, and Lilliam is spend- the original authorizing statute, the fueling environment. ing her time among traveling up here Air Force misrepresented to Congress Finally, documents suggest that the to see her husband, tending to her girls that its proposal to lease 100 Boeing Air Force allowed Boeing to modify the in Tennessee, and trying to help pro- KC–767 tankers was merely an oper- requirements in the ORD while it was vide for her family. I am sure if you ating lease. This would have obviated being developed. Documents also re- went to Walter Reed and talked to the requirement that the White House flect that the Air Force induced the Lilliam or Luis, they would tell you obtain advance budget authority for Joint Requirements Oversight Council, that there is something wrong when the whole lease proposal. But, the JROC, into approving and validating those who wear our country’s uniform DOD-Office of the Inspector General, the corrupted ORD by falsely rep- and their families can no longer benefit OIG, and Program Analysis and Eval- resenting that it was not tailored to a from Head Start, the School Lunch uation, PA&E, as well as the Congres- specific aircraft. This is of continuing Program, or some other federal pro- sional Budget Office, CBO, and the investigative interest to the Com- gram because they’ve become ineligible General Accounting Office, GAO, found mittee. due to the additional special pay re- that the procurement of these tankers As I’ve described, the history of the ceived when they’re off in harm’s way is, in fact, a lease-purchase. In addi- Air Force’s attempt to recapitalize its protecting our country. tion, facts surrounding the original tanker fleet has been riddled with cor- I thank the distinguished chairman lease proposal made it clear that the porate scandal, public corruption and of the Armed Services Committee for transaction was a lease-purchase: political controversy. his assistance in crafting this amend- under the original proposal, the Air This amendment attempts to make ment. I look forward to continuing to Force conceded that the DOD is ‘‘com- sure that any effort by the Air Force to work with the chairman on the issue of mitted to earmark[ing] an additional replace its fleet of tankers is done re- military families, and how best to help $2B in fiscal year 2008 and fiscal year sponsibly. The amendment achieves them shoulder the burdens they face. 2009 for the purchase of aircraft cov- this by doing six things. We rely on our servicemen and ered by the multiyear program under First, the amendment seeks to have women to defend our freedom and the terms of the proposed contract’’ to the Secretary of Defense ensure that America’s interests overseas, but at head off a funding spike over the Fu- the Air Force Secretary not acquire times, we forget that our soldiers have ture-Years Defense Program. any aerial refueling aircraft for the Air a support structure of their own: their Second, the DOD–OIG and the Na- Force, by lease or contract, either with families. We should do all we can to tional Defense University, NDU, con- full or open competition, until at least support our service members and their cluded that the Air Force’s commercial 60 days after the Secretary of Defense families in these tough times. item procurement strategy ‘‘prevented has reviewed all documentation for the AMENDMENT NO. 3441 any visibility into Boeing’s costs and acquisition, including the completed Mr. MCCAIN. Mr. President, why is required the Air Force to use a fixed- AoA, the completed aerial refueling this amendment needed? Congressional price type contract . . . The strategy portion of the MCS, a new, validated guidance is needed where the Air also exempted [Boeing] from the re- capabilities document and the approval Force’s conduct on its Tanker Lease quirement to submit cost or pricing of a Defense Acquisition Board. And Program has, to date, been unaccept- data. The strategy places the Depart- until the Secretary of Defense has sub- able. ment at high risk for paying excessive mitted to the congressional defense First, the Air Force has provided prices and precludes good fiduciary re- committees a written determination Congress inaccurate information in an sponsibility for DOD funds.’’ The NDU that the acquisition is in compliance attempt to justify its original proposal similarly concluded that ‘‘[i]n a sole with all currently applicable laws and to lease 100 Boeing KC–767As. For ex- source, monopoly commercial environ- regulations. ample, Air Force Secretary Jim Roche ment, the government is not served Among the authorities with which has repeatedly advised Congress that, well with limited price data’’ and sug- the acquisition decision must comply in the existing KC–135 fleet, ‘‘corrosion gested that the Air Force neglected its is OMB Circular A–11, revised for 2003. is significant, pervasive, and represents fiduciary/stewardship responsibilities. In other words, without substantial an unacceptable risk.’’ Secretary Third, the DOD–OIG and the NDU private-party participation, any third- Roche has also emphasized to Congress also concluded that the operational re- party financing arrangement, particu- increased operating costs in the cur- quirements document, ORD, for tank- larly those structured around a ‘‘spe- rent fleet as a basis for entering into ers was not tailored, as it should have cial purpose entity,’’ will be deemed to the tanker lease. Air Force leadership been, to the requirements of the be a transaction of the government. So, has indicated that these elements cre- warfighter, but rather to closely cor- under OMB Circular A–11, the trans- ate an ‘‘urgent’’ need to recapitalize relate to the Boeing KC–767A. The action must be reflected in the Presi- the fleet. However, a Defense Science DOD–OIG found that senior Air Force dent’s budget the year that obligations Board, DSB, task force found that the staff directed that the ORD closely cor- arising from it are incurred. The DOD– Air Force’s claims of unmanageable relate to the Boeing KC–767A that was OIG, the Congressional Budget Office, corrosion problems and cost growth being developed for a foreign govern- the Congressional Research Service, were overstated. ment, in anticipation of the author- and others have concluded that the Remarkably, the task force rec- izing legislation. This is particularly proposed lease of tankers is a lease- ommended that corrosion not be cited troubling where, according to an inter- purchase—for which renegotiation of as a justification for tanker recapital- nal Boeing document regarding the the current contract or independent ization. As such, the task force con- ORD, Boeing planned to ‘‘[e]stablish authorization may be required. There- cluded that ‘‘[t]here is no compelling clearly defined requirements in ORD fore, under OMB Circular A–11, budget material or financial reason to initiate for the USAF Tanker configuration authority would be needed for the en- a replacement program prior to the that results in an affordable solution tire obligation in the first year of the completion of the [Analysis of Alter- that meets the USAF mission needs lease term. natives (AoA)] and the [Mobility Capa- and will prevent an AOA from being Second, not less than 45 days after bilities Study (MCS)].’’ Thus, the task conducted.’’ Under the current pro- the Secretary of Defense submits this

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.101 S23PT2 S7292 CONGRESSIONAL RECORD — SENATE June 23, 2004 determination, the Comptroller Gen- data provided by the aircraft and en- to warfighter requirements in the mission eral and the DOD–OIG shall submit to gine manufacturer is sufficient to de- needs statement (MNS) for future aerial re- the congressional defense committees a termine the reasonableness of the price fueling aircraft not a specific aircraft. As a report on whether the acquisition com- of those items. Coupled with the result, the first 100 KC–767A Tankers will not meet the operational requirement for inter- plies with all currently applicable laws amendment’s requirement that the operability and will not meet the mission ca- and regulations, as well as the require- DOD–OIG approve the Air Force’s use pabilities in the Operational Requirements ments of the amendment itself, and is of an outside auditor, the taxpayers’ Document to conduct secondary missions, consistent with the AoA and the other interests will be protected. Further- such as cargo/passenger, aeromedical evacu- documentation referred to in this more, I believe that the DOD–OIG’s, ation mission, etc. amendment. the NDU’s, and Institute for Defense The Tanker Lease Program must comply Third, the acquisition by lease or Analyses’ recommendations that the with Sections 2366 and 2399 of title 10, United contract of any aerial refueling air- Air Force Secretary negotiate the price States Code for determining the operational of the engines for the tankers with the effectiveness, suitability, and survivability craft for the Air Force beyond low-rate of the Boeing 767A tanker aircraft before initial production shall be subject to engine manufacturers need to be imple- proceeding beyond low-rate initial produc- (and the Secretary of Defense will com- mented. tion (LRIP). By not complying with the stat- ply with) the requirements of sections The bottom line here is this. The utory provisions in Sections 2366 and 2399, 2366 and 2399 of title 10, United States amendment does much to inject much the Boeing KC–767A tanker aircraft delivered Code. needed sunlight in a program whose de- to the warfighter may not be operationally Fourth, before selecting the provider velopment has been largely insulated effective, suitable, and survivable. of integrated support for the tanker from public scrutiny. In so doing, the Discontinue the commercial item procure- amendment allows us to discharge our ment strategy for the Boeing KC–767A Tank- fleet, the Secretary of Defense shall er Lease Program and replace fixed-price perform all analysis required by law of oversight obligations the next time contracts for initial development, modifica- the costs and benefits of the alter- around on this multi-billion dollar pro- tion, and integrated fleet support with cost native of using Federal Government curement proposal, responsibly and ef- or fixed-price incentive type contracts that personnel and contractor personnel to fectively. would require Boeing to provide cost or pric- provide such support. The amendment Second, the amendment gives the ing data as appropriate. also requires the Secretary to conduct Secretary of Defense sufficient flexi- Require that Boeing provide cost or pricing all analysis required by law of the core bility to pursue a lease only after, data for the Boeing 767–200ER aircraft, and require DOD to negotiate prices for aircraft logistics requirements, the use of per- among other things, an AoA is com- pleted. The Secretary has already com- engines directly with the engine manufactur- formance-based logistics and the ers. length of the contract period. The Sec- mitted to not going forward on replac- Require that the Air Force contact the Of- retary of Defense shall then select the ing the current fleet until an AoA (and fice of the Inspector General for the Depart- provider on the basis of fair, full and a MCS) are completed. While giving the ment of Defense for review and approval of open competition as defined by the Of- Secretary appropriate flexibility, the non-federal audit services in any lease or fice of Federal Procurement Policy amendment requires that the Air Force other contract. go through certain hoops to make sure Reduce the negotiated price calculated for Act. integrated fleet support by $465 million for Fifth, before the Secretary of Defense that any acquisition of tankers in the future, is done the right way. These the misapplication of KC–10 support costs commits to any acquisition of aerial and ‘‘performance aircraft availability.’’ refueling aircraft, the Secretary shall hoops were loosely drawn from the rec- Perform statutory analyses of the costs require the manufacturer to provide, ommendations of the DOD–OIG, the and benefits of organic or contractor sup- with respect to commercial items cov- DSB, and the NDU, whose input the port, core logistics requirements, perform- ered by the lease or contract, informa- Secretary specifically asked for. I will ance based logistics, and contract length be- tion on the prices at which the same or have printed a list of findings, conclu- fore selecting a provider for integrated fleet sions, and recommendations by each at support. similar items have been sold that is Not enter into the proposed lease for 20 adequate for evaluating the reason- the end of this statement. They must all be fully considered before any deci- Boeing KC–767A Tanker aircraft until after ableness of the price for those, and either obtaining new statutory authority to sion to recapitalize the tanker fleet is other commercial, items. enter into a lease-purchase contract or re- Finally, the Secretary of the Air made. negotiating lease terms to meet Office of Third, it generally requires the DOD Force shall contact the DOD–OIG for Management and Budget Circulars No. A–11 and the Air Force to do nothing more the review and approval of any Air and A–94 requirements for an operating than comply with currently applicable Force use of non-Federal audit services lease. statutes, regulations and OMB Circu- Determine whether leasing rather than for any acquisition of aerial refueling lars. Those who looked into the Air purchasing 20 Boeing KC–767A Tanker air- aircraft. Force’s conduct regarding the original craft represents the best value to the govern- A few notes about the amendment. proposal agreed that the Air Force did ment. First, this amendment opens the Ensure the General Counsel of the Depart- process to oversight by getting the not comply extant statutory require- ment of Defense review the limitation of DOD–OIG, the DOD–Comptroller Gen- ments. This amendment forces the Air earning clause and determine whether it cre- eral, and the Defense Acquisition Force to do that. ates a prohibited cost-plus-a-percentage-of- I ask unanimous consent that the list Board, DAB, actively involved in the cost system of contracting and review to which I referred be printed in the clauses C–016 ‘‘Aircraft Quantity,’’ C–024 process. Indeed, everyone who has inde- RECORD. ‘‘Anti-Deficiency Act,’’ and C–103 ‘‘Termi- pendently looked into how the original There being no objection, the mate- nation for Convenience—Pre-Construction proposal went through had major prob- rial was ordered to be printed in the Aircraft’’ in the proposed contract to deter- lems with the lack of transparency. mine whether the contract clauses and audit RECORD, as follows: For example, DAB was completely cut rights provide sufficient controls to ade- DEPARTMENT OF DEFENSE INSPECTOR GEN- out of the process. As the NDU noted, quately define the extent of the Govern- ERALS ACQUISITION OF THE BOEING KC–767A ment’s termination liability and to prevent a if allowed to participate, the DAB TANKER AIRCRAFT would have exercised responsibility possible Anti-Deficiency Act violation if less RECOMMENDATIONS than the full quantity of aircraft and fleet over the selection of a preferred system Fully develop system engineering require- support years are leased and purchased. alternative, acceptance of the overall ments to convert the commercial non-devel- Ensure that the Program Director, KC– acquisition strategy, and compliance opmental aircraft into an integrated mili- 767A System Program Office: with applicable policies and statutes. tary configuration. Without fully developed Establishes a process to develop a perform- This amendment deals the DAB back in system engineering requirements the Boeing ance metric for verifying that the tanker the process to discharge its vital func- KC–767A Tanker aircraft may not meet oper- aircraft will meet the 40-year service life re- tion in providing comprehensive senior ational requirements for a 40-year service quirement. life as well as command, control, commu- Revises the system specification for the management review. nications computers, and intelligence (C4I) proposed tanker aircraft to include a re- As another example, under this support plan requirements, etc. quirement for protective measures to control amendment, the DOD–OIG will deter- Tailor the first spiral or increment of the corrosion and to include requirements in the mine, among other things, whether the Operational Requirements Document (ORD) Operational Requirements Document (ORD)

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.078 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7293 for interoperability with other systems, inte- New planning scenarios; should have been. Contractor selection was a gration of secure communications, and com- Homeland defense needs—could this re- foregone conclusion and was tailored to the bat identification. quirement be contracted out (i.e., Omega Boeing 767 in the Joint Requirements Over- Completes the command, control, commu- Air, etc.); and sight Council (JROC) based on perceived nications, computers, and intelligence sup- Potential decreases in requirements (i.e., guidance in the FY 2002 Appropriations Act, port plan for the tanker aircraft; include it re-engining of B–52’s, F–22/JSF CONOPS, Section 8159. in the statement of work before award of the etc.). There is a need to establish a definitive, contracts and resolve issues identified before Consider 2001 Defense Science Board Task consistent early requirements statement ad- the system acceptance testing. Force recommendation to re- engine KC– dressing warfighter needs founded on sub- Ensure that the system specifications de- 135Es and February 2004 Defense Science stantive analysis—this was not done in the veloped for the first spiral of the air refuel- Board Task Force recommendation which re- Tanker Lease Program. ing aircraft include at least all key perform- confirmed value of B–52 re-engining: 10,000 A program that operates in a sole source, ance parameters (KPPs) and that spiral two mile mission (US to Afghanistan and return) commercial environment is especially hard and three requirements are subsequently in- would only require one refueling versus two; pressed to carry out its charge of ensuring cluded in the first 100 and future aerial re- Fuel offload demand declines from 276K the government receives a fair price. fueling aircraft. pounds to 118K pounds; and F–22/JSF capa- Defense program personnel do have ade- Comply with the statutory provisions by bilities may allow refueling on mission quate tools or training to obtain the fullest conducting operational and survivability egress only. understanding of relevant commercial buy- testing on production representative aircraft No compelling material or financial reason ing practices in acquisition of military before committing to the production of all to initiate a replacement program prior to items. 100 Boeing KC–767A tanker aircraft. the completion of the Analysis of Alter- Innovation requires top-level manage- DEFENSE SCIENCE BOARD TASK FORCE FIND- natives (AoA) and the Mobility Capabilities ment’s constant involvement including di- INGS AND RECOMMENDATIONS ON AERIAL RE- Study (MCS). rection, consultation and responsibility plus FUELING Resolve long-term requirements through a timely and frequent meetings of the empow- thorough Mobility Capabilities Study (MCS). ered and the informed. FINDINGS Consider the following near-term options: It should be clear that certain regulatory/ Corrosion can be controlled. lease/buy a new tanker aircraft, re-engine statutory requirements were waived in the KC–135 tanker Operation and Support the KC–135Es, convert retired commercial Tanker Lease Program: testing, independent (O&S) cost growth is not as large as was once aircraft, encourage commercial sources for cost estimates, Analysis of Alternatives, projected. The Air Force overstated the case CONUS tanking. DAB approval, etc. for an increase in these costs for KC–135 Consider refurbishing KC–10’s in the near- The Leasing Review Panel (LRP) was not a tankers. term: substitute for the Defense Acquisition Board The total requirement for tankers is uncer- FEDEX has converted retired DC–10s for (DAB). tain; the Mobility Capabilities Study (MCS) use as cargo carriers with 20-year life for $25– RECOMMENDATIONS needs to resolve this issue. $30 million per aircraft. Northwest Airlines There is a need to embark on a tanker re- is flying 22 DC–10s with average cycles less Although leasing is not a preferred strat- capitalization program upon the completion than 20,000. egy, if DOD would pursue a lease, it needs to of the Analysis of Alternatives (AOA) and The design service goal for DC–10s is 42,000 publish more explicit guidance on leasing in the Mobility Capabilities Study (MCS); cycles. There are 37 large DC–10s currently in acquisition policy directives and the FAR/ which doesn’t necessarily mean acquiring the desert with average cycles of only 18,500 DFAR, at a minimum, to include the re- new aircraft. cycles. Cost to refurbish KC–10s in the desert quirement to: RECOMMENDATIONS is $1–$7 million. Formulate an early, transparent, com- prehensive acquisition processes to be uti- Do not use corrosion as a justification for Aerial refueling capability installation lized and those to be bypassed with an as- tanker recapitalization. costs based on the Institute for Defense Air Force has a robust corrosion control Analyses (IDA) estimate is $20M per air- sessment of associated internal and external program. frame. risks. Depot Major Structural Repairs (MSRs) We should replace the 63 remaining KC– Develop an early definitive, consistent re- appear to be decreasing. 135Es with 25 refurbished KC–10s. Dutch quirements statement founded on sub- Consensus view on corrosion is that it is KDC–10 tanker conversion total cost approxi- stantive analysis and supported by a subse- manageable—DSB structural experts, com- mately $30–$45M each. One KC–10 is the quent Analysis of Alternatives (AOA). mercial entities (i.e., FEDEX), other govern- equivalent of 2.4 KC–135Es equivalents. Establish an acceptable lease financing ment entities (Department of the Navy Consider a potential hybrid recapitaliza- plan supported by an independent cost esti- (DON), U.S. Air Force 2001 Extended Service tion tanker program: mate (i.e., DOD IG, Comptroller General, Life Study (ESLS), Congressional Research Consider retiring 61 KC–135Es in the near- etc.) Service (CRS), General Accounting Office term, under the USAF plan and make the Develop a plan to maximize competition. (GAO)). KC–135E tanker aircraft available to com- In all cases, convene a Defense Acquisition Corrosion can be controlled with proper mercial entities for use as commercial tank- Board to provide for comprehensive senior maintenance procedures to help reduce the ers for CONUS missions such as training and management review. cost of replacement. homeland defense operations. DOD needs to understand when and how Basic field level maintenance and inspec- Phase out the remaining 63 KC–135E tank- commercial buying practices are appropriate tion; ers by FY 2011 and replace them with con- to satisfy military needs, if ever. 60-month (or shorter) cycle for depot main- verted KC–10s by leveraging the mothballed There is a need to establish procedures or tenance; DC–10s in the desert and the Northwest Air- authority to require both cost and pricing Innovative procedures have reduced time lines fleet. data for significant sole source, commercial in maintenance; and Work with major airframe manufacturers leases or where supplier monopoly power is Further improvements possible (i.e., shel- to develop new tanker options with more present. The government is not well served tering, basing rotation, etc.). modern airframes versus the more than 20- with only price data, particularly in a mo- It is acceptable to tolerate manageable year old Boeing 767 design. nopoly-monopsony relationship. Absent real competitive market forces, one cannot rely growth in KC–135 Operation & Support (O&S) NDUSTRIAL COLLEGE OF THE ARMED FORCES, I on pricing data to determine the appro- costs and defer major near-term recapitaliza- NATIONAL DEFENSE UNIVERSITY TANKER priateness of a transaction. Legitimate mo- tion investments. LEASE PROGRAM ACQUISITION ‘‘LESSONS 2001 USAF ESLS estimated—0.9% increase nopolies are regulated by detailed cost data LEARNED’’ OR ‘‘THE INNOVATOR’S DILEMMA’’ in O&S cost per year. and prices are set on that basis. To do other- Corrosion is manageable. FINDINGS wise is to place too great a reliance for fair Very recent USAF projection shows O&S The enactment of Section 8159 of the FY dealing on profit maximizing firms and to ig- peaked in FY04 and may turn down. 2002 Appropriations Act authorized a pre- nore the reality that firms appropriately act Update Tanker Requirements Study 05 viously unarticulated requirement and speci- in their best interest. (TRS05) to accommodate new tanker fied the use of an operating lease, when it Regardless of the foregoing, due diligence CONOPS. should not have done so. and fiduciary/stewardship responsibilities Tanker Requirements Study 05 (TRS05) The DOD budget process was by-passed cannot be waived. completed in FY01 was never promulgated. with considerable risk, especially with the Ensure that an Analysis of Alternatives TRS 05 concluded 500–600 tankers are ade- lost opportunity of vetting legitimate com- (AOA) is completed: A less than rigorous ex- quate for current contingencies. peting needs and beginning to identify total ploration/evaluation of alternative solutions TRS 05 needs to be updated for changing tanker program costs. than a formal Analysis of Alternatives tanker CONOPS. Leases, by their very nature, cost more (AOA) is unsatisfactory. There is no such Potential increases in requirements—‘‘Ef- than purchases. thing as an ‘‘informal’’ AOA. ficiency tanking’’ for loitering aircraft in The Operational Requirements Document Authors of innovation need to develop ac- kill boxes; (ORD) was not capabilities-based, as it tion plans to ‘‘accommodate’’ those internal

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.083 S23PT2 S7294 CONGRESSIONAL RECORD — SENATE June 23, 2004 and external stakeholders who have a legiti- fiduciary responsibility—this was not the telligence failures in Iraq? Were the mate interest or say in the program. Ignor- case in the Tanker Lease Program. broadcasting programs at all effective ing such stakeholders, even if allowed by an It is prudent, at a minimum, to develop a in gathering support for U.S. efforts in appropriations act or management direction, full operational testing plan, to perform a much more substantive analysis of alter- Iraq? is done with some peril and consequence as To be sure, there have been a few in- the stakeholders’ unanswered or discounted natives, and to do an independent cost esti- objections may be encountered later as the mate based on cost, not price. vestigations into INC. However, these program progresses. Mr. LEAHY. Mr. President, I rise have been incomplete offering only a There is no one, uniform commercial mar- today to speak about a very simple glimpse of what occurred. A few years ket. Each market has unique features that amendment that everyone should sup- ago, the State Department Inspector must be understood in order to obtain the port. This amendment requires the In- General issued two reports the INC. best contract conditions, tailored to each spector General of the Department of But these reports only covered $4.3 mil- buyer’s needs. lion and examined only the Washington Ensure the Leasing Panel focuses on ways Defense, DOD–IG, in consultation with and means of leasing. the Inspectors General of the State De- and London offices. The State Depart- The Tanker Lease Program should be ap- partment and the CIA, to conduct a ment IG informed my office yesterday proved by a Defense Acquisition Board (DAB) comprehensive investigation into the that these are the only two audits they in accordance with DOD regulations. programs and activities of the Iraqi conducted and have no plans to con- A Defense Acquisition Board (DAB) would National Congress, INC. duct future audits on this issue. have exercised responsibility over the sub- Over the last 10 years, we have seen A GAO report, published earlier this stantive acquisition review issues such as: funds from the United States Govern- year, summarized the different grant The selection of the preferred system alter- agreements that the State Department native; acceptance of the overall acquisition ment spent in highly questionable, if strategy; compliance with policy and stat- not fraudulent, ways including money entered into with the INC, but this re- ute; and would have required a substantial spent on oil paintings and health club port did not attempt to answer the review and documentation to support anal- memberships. But this is only the tip myriad questions that remain about yses. of the iceberg. A number of serious the INC. Relying on Section 8159 of the FY 2002 De- questions remain unanswered. Here are Another GAO report is underway, but fense Appropriations Act, the USAF/DoD by- a couple of examples: this looks only at the narrow question passed many elements of the ‘‘normal’’ ac- First, the INC spent millions in set- of whether the INC violated U.S. laws quisition system. The Tanker Lease Program concerning the use of taxpayer funds to system solution and the acquisition strategy ting up offices around the world, in- (i.e., Boeing 767 & operating lease scenario) cluding London, Prague, Damascus, pay for publicity or propaganda. were foregone conclusions based on Section and Tehran. The State Department’s Finally, according to press reports, 8159 of the FY 2002 Appropriations Act. The internal documents indicate that they the Intelligence Committee is looking Leasing Review Panel was not an adequate really had no idea of what was hap- into a few issues related to the INC. My substitute for the Defense Acquisition Board pening in some of these offices—espe- amendment is consistent with these in- (DAB), which was never convened. Further- cially Tehran. In light of the recent vestigations. The DOD–IG does not more, the Leasing Review Panel (LRP) never press reports about INC intelligence have to re-invent the wheel. It can recommended the lease of 100 Boeing 767 build off this existing body of work to tankers. sharing with Iran, I think the DOD–IG DOD needs to follow cost and pricing should take a look at this issue and see answer questions that will remain long guidelines. what was happening in the Tehran of- after these investigations have been There should be discussion and debate, fice. We need to get to the bottom of completed. within DOD, whether a realistic price was ar- this. My amendment is about trans- rived at. Second, the INC spent millions to set parency. My amendment is about ac- The government should not have very lim- up radio and television broadcasting countability. My amendment is about ited cost and pricing data. inside Iraq. The radio program seemed getting to the bottom of one of the The government should expend consider- most mismanaged programs in recent able time and resources to acquire commer- redundant as the U.S. Government was, cial pricing analysis skills. at the time, funding Radio Free Iraq. A history. Most importantly, my amend- The Tanker Lease Program approved by New York Times article questioned the ment is about learning from our mis- DOD made only limited use of considerable effectiveness of the TV broadcasting takes so we do not repeat them in the government buying power and leverage to program. Kurdish officials indicated past. I urge my colleagues to support obtain maximum discounts. that, despite repeated attempts, they my amendment. DOD needs to utilize competitive proc- could never pick up the INC’s TV AMENDMENT NO. 3399, AS MODIFIED esses, including negotiating directly with the engine manufacturer for engines, the broadcast inside Iraq. This, again, Mr. FEINGOLD. Mr. President, I contractor logistics support (CLS) function raises questions about how this money thank the chairman and the ranking and the tanker modification. The USAF ap- was being spent. The IG should exam- member of the Armed Services Com- peared to rely on Section 8159 of the FY 2002 ine this issue. We need to get to the mittee for working with me to accept Appropriations Act for commercial sole bottom of this. this amendment, which represents a source authority. Competitive processes Third, the INC’s Information Collec- first step toward enhancing and were not used in the February 2002 RFI to tion Program—funded initially by the strengthening transition services that Boeing and EADS (also a finding of the DOD State Department and later by the De- are provided to our military personnel. IG), because there was informal information fense Department—continues to be a gathering, and little expectation that Con- I also thank my cosponsor, the Senator gress would allow leasing of Airbus aircraft. source of controversy and mystery. I from Maine, Ms. SNOWE, for her con- Competitive processes were not used June have a memo written by the INC to Ap- tributions to this amendment. 2002 for the JROC briefing and the Oper- propriations Committee staff, detailing As we debate the Department of De- ational Requirements Document (ORD) was the INC’s Information Collection Pro- fense authorization bill today, thou- written for a specific aircraft. (i.e., Boeing gram. In this memo, the INC claims to sands of our brave men and women in KC–767) and not based on the best capabili- have written numerous reports to sen- uniform are in harm’s way in Iraq, Af- ties for the warfighter. ior administration officials, who are ghanistan, and elsewhere around the Publish explicit DOD guidance on leasing to include policy directives and the FAR/ listed in this memo, on topics includ- globe. These men and women serve DFAR. ing WMD proliferation. The adminis- with distinction and honor, and we owe Innovation requires more, not less up-front tration disputes this claim. Again, we them our heartfelt gratitude. planning (e.g., development of an acquisition need to get to the bottom of this. We also owe them our best effort to strategy establishing work-arounds for proc- I could go on and on. However, in the ensure that they receive the benefits to esses, requirements and stakeholders that interest of time, I will simply say that which their service in our Armed are planned to be by-passed.) there are many serious unanswered Forces has entitled them. I have heard Establish procedures to require both cost questions about the INC’s activities. time and again from military per- and pricing data on sole source or monopoly, commercial leases. What was the INC doing with U.S. tax- sonnel and veterans who are frustrated Big ticket acquisitions is a public process, payer dollars? What was going on in with the system by which they apply despite the level of innovation, managers the Tehran office? Did the Information for benefits or appeal claims for bene- must always exercise good stewardship and Collection Program contribute to in- fits. I have long been concerned that

VerDate May 21 2004 02:24 Jun 25, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.087 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7295 tens of thousands of our veterans are SNOWE is based on that legislation. fense should make every effort to en- unaware of Federal health care and This amendment will require the Gen- sure that all members participate in other benefits for which they may be eral Accounting Office, GAO, to under- this important program, and my eligible, and I have undertaken numer- take a comprehensive analysis of exist- amendment would require the GAO to ous legislative and oversight efforts to ing transition services for our military analyze participation rates and make ensure that the Department of Vet- personnel that are administered by the recommendations on how the Depart- erans Affairs makes outreach to our Departments of Defense, Veterans Af- ment of Defense could better encourage veterans and their families a priority. fairs, and Labor and to make rec- participation, and whether participa- While we should do more to support ommendations to Congress on how tion in a transition program should be our veterans, we must also ensure that these programs can be improved. mandatory. the men and women who are currently This study will focus on two issues: In addition, GAO would be required serving in our Armed Forces receive how to achieve the uniform provision to make recommendations on any in- adequate pay and benefits, as well as of appropriate transition services to all formation that should be added to the services that help them to make the military personnel, and the role of transition briefings, such as informa- transition from active duty to civilian postdeployment and predischarge tion on procurement opportunities for life. I am concerned that we are not health assessments as part of the larg- veterans with service-connected dis- doing enough to support our men and er transition program. abilities and for other veterans. I women in uniform as they prepare to I have heard from a number of Wis- thank the Senator from Maine, Ms. retire or otherwise separate from the consinites and members of military SNOWE, the chairman of the Small service or, in the case of members of and veterans service organizations that Business Committee, for making the our National Guard and Reserve, to de- our men and women in uniform do not important point that Federal law re- mobilize from Active Duty assignments all have access to the same transition quires that a certain percentage of con- and return to their civilian lives while counseling and medical services as tracts be awarded to firms owned by staying in the military or preparing to they are demobilizing from service in veterans with service-connected dis- separate from the military. We must Iraq, Afghanistan, and elsewhere. I abilities. Additionally, the Small Busi- ensure that their service and sacrifice, have long been concerned about reports ness Administration and other agencies which is much lauded during times of of uneven provision of services from administer programs to make all vet- conflict, is not forgotten once the bat- base to base and from service to serv- erans aware of procurement opportuni- tles have ended and our troops have ice. All of our men and women in uni- ties. I agree with her that the transi- come home. For those reasons, last month, I in- form have pledged to serve our coun- tion process is a commonsense place to troduced the Veterans Enhanced Tran- try, and all of them, at the very least, make these personnel aware of these sition Services Act, VETS Act, which deserve to have access to the same opportunities. For that reason, our would improve transition services for services in return. amendment also requires that the De- This amendment will require GAO to our military personnel. My legislation partment of Defense include informa- conduct an analysis of transition pro- would help to ensure that all military tion about these contracting opportu- grams, including a history of how the personnel receive the same services by nities in its transition program. making a number of improvements to programs were intended to be used The amendment would also require the existing Transition Assistance Pro- when they were created and how they the GAO to study how the transition gram/Disabled Transition Assistance are being used now; whether the pro- programs administered by the VA and Program, TAP/DTAP, and to the Bene- grams adequately address the specific by the Department of Labor fit into fits Delivery at Discharge program, by needs of military personnel, including this transition effort. This analysis improving the process by which mili- members of the National Guard and would include a discussion of the joint tary personnel who are being demobi- Reserve; and how transition programs DOD–VA Benefits Delivery at Dis- lized or discharged receive medical ex- differ among the services and across charge program, which assists per- aminations and mental health assess- military installations. The GAO will sonnel in applying for VA disability ments, and by ensuring that military also be required to make recommenda- benefits before they are discharged and veterans service organizations and tions on how these programs can be im- from the military. This very successful State departments of veterans affairs proved, including an analysis of addi- program has helped to cut the redtape are able to play an active role in assist- tional information that would be bene- and to speed the processing time for ing military personnel with the dif- ficial to members participating in many veterans who are entitled to VA ficult decisions that are often involved transition briefings. disability benefits. in the process of discharging or de- Under current law, the Department In addition, under current law, the mobilizing. of Defense, together with the Depart- Secretary of Defense may make use of I am pleased that my original legisla- ments of Veterans Affairs—VA—and the services provided by military and tion is supported by a wide range of Labor, provide preseparation coun- veterans service organizations as part groups that are dedicated to serving seling for military personnel who are of the transition process. But these our men and women in uniform and preparing to leave the service. This groups tell me that they are not al- veterans and their families. These counseling provides service members ways allowed access to transition brief- groups include: the American Legion; with valuable information about bene- ings that are conducted for our per- the Enlisted Association of the Na- fits that they have earned through sonnel. For that reason, this amend- tional Guard of the United States; the their service to our country such as ment would require GAO to include an Paralyzed Veterans of America; the Re- education benefits through the GI Bill analysis of the participation of mili- serve Officers Association; the Vet- and health care and other benefits tary and veterans service organizations erans of Foreign Wars; the Wisconsin through the VA. Personnel also learn in preseparation briefings, including Department of Veterans Affairs; the about programs such as Troops to recommendations on how the Depart- Wisconsin National Guard; the Amer- Teachers and have access to employ- ment of Defense could make better use ican Legion, Department of Wisconsin; ment assistance for themselves and, of representatives of veterans service Disabled American Veterans, Depart- where appropriate, their spouses. organizations who are recognized by ment of Wisconsin; the Wisconsin Para- Currently, participation in this pro- the Secretary of Veterans Affairs for lyzed Veterans of America; the Vet- gram is encouraged, but not manda- the representation of military per- erans of Foreign Wars, Department of tory. Thus, most of the responsibility sonnel in VA proceedings. Wisconsin; and the Wisconsin State for getting information about benefits The demobilization and discharge Council, Vietnam Veterans of America. and programs falls on the military per- process presents our service members I will continue to work with these and sonnel themselves. Participation in with a sometimes confusing and often other veterans and military organiza- preseparation counseling through a overwhelming amount of information tions on these important issues. TAP/DTAP program is a valuable tool and paperwork that must be digested The amendment that I am offering for personnel as they transition back and sometimes signed in a very short today on behalf of myself and Senator to civilian life. The Department of De- period of time. The opportunity to

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.155 S23PT2 S7296 CONGRESSIONAL RECORD — SENATE June 23, 2004 speak with fellow veterans who have harm’s way for our benefit. We should Affairs and Labor; military personnel been through this process and who ensure that the Department of Defense who have received the transition as- have been accredited to represent vet- makes every effort to determine sistance programs covered by this erans in VA proceedings by the VA can whether they have experienced—or study and personnel who have declined be invaluable to military personnel as could experience—any health effects as to participate in these transition pro- they seek to wade through this maze of a result of their service. grams; representatives of military and paperwork. These veterans can offer I am also pleased that the Senate has veterans service organizations; and important advice about benefits and already adopted an amendment offered persons with expertise in health care, other choices that military personnel by the Senator from New York, Mrs. including mental health care, provided have to make as they are being dis- CLINTON, and the Senator from Mis- under the Defense Health Program, in- charged or demobilized. I commend the souri, Mr. TALENT, that will help to im- cluding personnel from the Depart- Senator from Louisiana, Ms. LANDRIEU, prove the medical readiness of our men ments of Defense and Veterans Affairs for offering an amendment which has and women in uniform and to ensure and persons in the private sector. already been accepted to this bill that their health is monitored before, dur- Finally, in response to concerns I reaffirms the importance of allowing ing, and after deployments so that have heard from a number of my con- veterans service organizations to par- there is a record of any service-con- stituents, this amendment also directs ticipate in transition briefings and nected conditions or exposures. the Secretaries of Defense and Labor to that also encourages their involvement Building on this effort, my amend- jointly report to Congress on ways in in counseling members of the National ment would require the GAO to include which DOD training and certification Guard and Reserve who have been de- in its study of transition services an standards could be coordinated with mobilized. The Landrieu amendment is analysis of the use of postdeployment Government and private-sector train- consistent with provisions in my legis- and predischarge health screenings and ing and certification standards for cor- lation, the VETS Act, and I am pleased whether and how these screenings and responding civilian occupations. that the Senate has gone on record in the transition program could be inte- Again, I thank the chairman and the support of allowing these dedicated grated into a single, coordinated ranking member of the committee for members of our veterans service orga- preseparation program for military working with me to include these pro- nizations, who have taken the time to personnel who are being discharged or visions in the bill. I will continue to get accredited by the Secretary of Vet- released from active duty. The analysis work to ensure that we provide those erans Affairs in order to counsel and would also include information on how serving in our Armed Forces with the represent their fellow veterans, to par- postdeployment questionnaires are help they need and deserve in making ticipate in transition briefings. used, the extent to which military per- the often-difficult transition back to In addition to the uneven provision sonnel waive physical exams, and how civilian life. of transition services, I have long been and the extent to which personnel are MILITARY HOUSING PRIVATIZATION concerned about the immediate and referred for followup health care. Mr. CHAMBLISS. Mr. President, I long-term health effects that military I am also concerned about the imple- rise today to discuss a very important deployments have on our men and mentation of current law with respect matter to me, to my home State of women in uniform. I regret that, too to the current requirement that Georgia and to our Nation’s military. often, the burden of responsibility for postdeployment medical examinations A few years ago this Congress author- proving that a condition is related to include a mental health assessment. ized the military housing privatization military service falls on the personnel Our men and women in uniform serve initiative. This program, which brings themselves. Our men and women in in difficult circumstances far from to bear private sector experience and uniform deserve the benefit of the home, and too many of them witness or financial strength to improve the qual- doubt, and should not have to fight the experience violence and horrific situa- ity of life for our soldiers, sailors, air- Department of Defense or the VA for tions that most of us cannot even begin men, Marines and their families, has benefits that they have earned through to imagine. These men and women, been a resounding success. To date, the their service to our Nation. many of whom are just out of high U.S. Armed Forces have privatized over Part of the process of protecting the school or college when they sign up, 60,000 housing units, leveraging more health of our men and women in uni- may suffer long-term physical and than $10 for every Government dollar form is to ensure that the Department mental fallout from their experiences invested. Out-dated, and World War II of Defense carries out its responsibility and may feel reluctant to seek coun- era, housing is being replaced with to provide postdeployment physicals seling or other assistance to deal with modern homes and amenities that our for military personnel. I am deeply their experiences. servicemen and women so richly de- concerned about stories of personnel We can and should do more to ensure serve. This process is taking place who are experiencing long delays as that the mental health of our men and across the country, from Camp Pen- they wait for their postdeployment women in uniform is a top priority, and dleton Marine Corps Base in California physicals and who end up choosing not that the stigma that is too often at- to Fort Bragg in North Carolina to to have these important physicals in tached to seeking assistance is ended. Fort Benning, GA. order to get home to their families To that end, this amendment requires However, there is an issue which that much sooner. I am equally con- that GAO include in its analysis a dis- threatens the livelihood and progress cerned about reports that some per- cussion of the current process by which of this program and which the Congress sonnel who did not receive such a phys- mental health screenings are con- must act now to address. The way the ical—either by their own choice or be- ducted, followup mental health care is Congressional Budget Office is scoring cause such a physical was not avail- provided for, and services are provided expenditures for this program causes able—are now having trouble as they in cases of posttraumatic stress dis- the program to exceed the authorized apply for benefits for a service-con- order and related conditions in connec- spending cap. The CBO scoring assumes nected condition. tion with discharge and release from that the Government guarantees and I am pleased that the underlying bill active duty. This will include an anal- the management of the housing contains a provision that would require ysis of the number of persons treated, projects in question have direct budget postdeployment physicals for military the types of interventions, and the pro- implications. However, military fami- personnel who are separating from Ac- grams that are in place for each branch lies sign leases and rent the units and tive-Duty service. I firmly believe, as of the Armed Forces to identify and private companies assume the invest- do the military and veterans groups treat cases of PTSD and related condi- ment risk, so the CBO scoring, incor- that support my VETS Act legislation, tions. rectly in my opinion, treats these costs that our men and women in uniform As part of its study on these impor- as an obligation on behalf of the Gov- are entitled to a prompt, high quality tant issues, GAO is directed to obtain ernment. I believe we need to either physical examination as part of the de- views from the Secretary of Defense significantly raise the current cost cap mobilization process. These individuals and the Secretaries of the military de- for the program or eliminate it en- have voluntarily put themselves in partments; the Secretaries of Veterans tirely in order to make available an

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.156 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7297 adequate funding stream to see this tion as well as the $600 million in force outstanding teams. I, along with 28 of important project through to comple- protection gear and combat clothing in my colleagues, wrote the Senate tion. this bill above what was in the Presi- Armed Services Committee chairman The Department of Defense has es- dent’s proposed budget further ensures and ranking member asking them to tablished a master plan which will pri- that our troops have the equipment fully fund all 11 remaining teams. The vatize approximately 160,000–170,000, or they need to perform their duties on chairman and ranking member have over 70 percent, of existing family the ground. been very supportive of my efforts in housing units. Currently, DoD is about I am pleased that the Senate ap- this area over the years, and I thank half way towards completing that goal. proved my amendment to ensure that them again this year for funding all 11 We should allow this well-functioning the Inspector General for the Coalition remaining WMD–CSTs. program to continue for the benefit of Provisional Authority will continue to This authorization bill addresses the our men and women in uniform, and we oversee U.S. reconstruction efforts in grave threat our Nation faces from un- should follow the traditional scoring Iraq after June 30 of this year as the secured nuclear materials. It includes guidelines which we have used for the Special Inspector General for Iraq re- $409 million for the Cooperative Threat past 5 years in order to accurately de- construction. The American taxpayers Reduction program and $1.3 billion for termine the actual costs. have been asked to shoulder a tremen- the Department of Energy non- I thank the Chair for the opportunity dous burden in Iraq, and we must en- proliferation programs. I was also sure that their dollars are spent wisely to discuss this very important issue, proud to cosponsor the amendment of- and efficiently. Today, the CPA is and I look forward to working with my fered by Senator DOMENICI and Senator phasing out, but the reconstruction ef- colleagues in the relevant committees FEINSTEIN that authorizes the Depart- fort has only just begun. As of mid- to resolve this situation in a positive ment of Energy to secure the tons of May, only $4.2 billion of the $18.4 bil- manner. fissile material scattered around the Mr. FEINGOLD. Mr. President, I sup- lion that Congress appropriated for re- world. This bipartisan initiative aims port passage of this year’s Defense au- construction in November had even to dramatically accelerate current ef- thorization bill because it contains been obligated. With multiple agencies forts to the world. This bipartisan ini- many provisions that our brave men involved and a budget that exceeds the tiative aims to dramatically accelerate and women in uniform need and de- entire foreign operations appropriation current efforts to secure this dangerous serve. But before I go into the details for this fiscal year, U.S. taxpayer-fund- material so that it cannot fall into the of why I am supporting this legislation, ed reconstruction efforts should have a hands of those who aim to harm us. I must first thank the members of the focused oversight effort. My amend- Time is of essence, and I was pleased to United States Armed Forces for their ment will ensure that the Inspector hear that the administration is fully service to our country. They are per- General’s office can continue its impor- supportive of this efforts through the forming admirably under difficult cir- tant work even after June 30, rather Global Threat Reduction Initiative. cumstances all over the world. Our sol- than being compelled to start wrapping diers, sailors, airmen, and Marines, up and shutting down while so much I also voted for an amendment of- along with their families, are making remains to be done. This is good news fered by Senator REED that boosts the great sacrifices in service to our coun- for the reconstruction effort, and good Army’s end strength by 20,000. I did so try. I am voting for this legislation to news for American taxpayers. because it has become clear that the support these people who are serving I also want to thank the chairman Army is currently overstretched, and I the country with such courage. and the ranking member of the Armed believe that we need to ensure readi- I strongly support the 3.5 percent Services Committee for working with ness to handle threats in the future. A across-the-board pay raise for military me to accept the amendment that I of- recent Brookings Institution report personnel that this bill provides. We fered with the Senator from Maine, Ms. says that the military is being must make sure that our professional SNOWE, which represents a first step to- stretched so thin that if we don’t ex- military is paid a fair wage. This bill ward enhancing and strengthening pand its size, it could break the back of also makes permanent the increase in transition services that are provided to our all-volunteer Army. One does not family separation allowance and immi- our military personnel. This amend- have to support all of the deployment nent danger pay, another important ment will require the General Account- decisions that brought us to this point policy for our men and women in uni- ing Office to undertake a comprehen- today to see that we need to have the form. Once again, I was proud to sup- sive analysis of existing transition capacity to handle multiple crises with port the expansion of full-time services for our military personnel that sufficient manpower and strength. I do TRICARE health insurance for our Na- are administered by the Department of not take lightly the decision to lock in tional Guard and Reserve. The reserve Defense, Veterans Affairs, and Labor a significant increase in spending. The component is being used more than at and to make recommendations to Con- need is great, however, and the delib- any other time since World War II. gress on how these programs can be im- erative defense authorization process, Forty percent of our troops in Iraq are proved. This study will focus on two not the emergency supplemental proc- reserve component troops. These cit- issues: how to achieve the uniform pro- ess, is the place to do it. izen soldiers face additional burdens vision of appropriate transition serv- I must note that, unfortunately, this when they transition in and out of ices to all military personnel, and the bill has many of the same problems their civilian life and providing them role of post-deployment and pre-dis- that I’ve been fighting to fix for years. and their families with TRICARE is charge health assessments as part of Once again, we are spending billions one way we can ease those burdens. the large transition program. I very upon billions of dollars for weapons Another aspect of this bill that I much look forward to reviewing the re- systems more suited for the Cold War strongly support is the increased fund- sults of this study. than the fight against terrorism. I was ing for force protection equipment. The Senate version of the Defense au- very disappointed that the Senate did Last year, concerned Wisconsinites thorization bill also includes a provi- not agree to Senator LEVIN’s amend- contacted my office telling me that sion finally fulfilling a goal for which I ment that would have used a small per- they or their deployed loved ones were have been fighting for years—making centage of the over $10 billion author- fighting for their country in Iraq with- sure that every State and territory has ized for missile defense for critical un- out the equipment they needed. This at least one Weapons of mass Destruc- funded homeland defense needs. This situation is unconscionable. I have re- tion Civil Support Team, WMD–CST. I amendment, which I cosponsored, peatedly pressed the Pentagon to fix was delighted earlier this year when would have used $515.5 million now this situation and I and my colleagues Wisconsin was chosen as one of 12 slated for additional untested intercep- went a long way in addressing these States to receive a WMD–CST author- tors and spent it instead on the top un- shortages in the supplemental spending ized and appropriated for in FY2004, funded Department of Defense home- bill for Iraq and Afghanistan. The $925 but I was also disappointed that the land defense priorities, research and million for additional up-armored President’s proposed budget for FY2005 development programs, radiation de- HUMVEES and other ballistic protec- included funding for only 4 of the 11 tection equipment at seaports, and

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.067 S23PT2 S7298 CONGRESSIONAL RECORD — SENATE June 23, 2004 other important defenses against ter- important Defense authorization bill The adopted amendment does much rorism. Budgeting is about setting pri- could move forward. However, the need to inject needed sunlight on a program orities and I am sad to say that when addressed by my amendment remains, whose development has been largely in- the Senate failed to adopt Senator and I will continue to fight to bring sulated from public scrutiny. It will LEVIN’s amendment, it missed a golden some relief to military families that allow us to discharge responsibly and opportunity to adjust its priorities in sacrifice so much for all of us. effectively our oversight obligations order to face our country’s most press- I want to bring attention to another the next time around on this multi-bil- ing threat—the threat of terrorism. element of the Defense Authorization lion dollar procurement proposal. I was disappointed that the Senate bill that raises concerns for me. The The men and women of our nation’s failed to reduce the retirement age for Defense Authorization bill includes Armed Forces put their lives on the those in the National Guard and Re- language that raises troop caps in Co- line every day to protect the very free- serve from 60 to 55. Our country has lombia from 400 to 800 military per- doms we as Americans hold dear. It is placed unprecedented demands upon sonnel and from 400 civilian contrac- our obligation to provide key quality the Guard and Reserve since September tors to 600. I am disappointed that Sen- of life benefits to the members of our 11, 2001, and will continue to do so for ator BYRD’s amendment was not ap- military. Great strides will be made by the foreseeable future. Considering the proved by the Senate, which would this bill towards accomplishing that demands we are placing on them, it is have limited the increases in these goal. For example, this bill authorizes time that we lower the Guard and Re- caps to the levels established by the a 3.5 percent across-the-board pay raise serve’s retirement age to the same bill. Most importantly, I worry about for all military personnel. It also re- level as civilian Federal employees. placing more Americans in harm’s way peals the requirement for military Although my support for reducing in Colombia. Further deployments members to pay subsistence charges the reserve component retirement age bring greater risks to an already over- while hospitalized, and adds $7.8 mil- has been unwavering, because of the stretched military. We do not want to lion for expanded care and services at significant budgetary impact of this risk being drawn further into Colom- the Walter Reed Amputee Patient Care measure I had hoped that Congress bia’s civil war—certainly not without a Center. Also included in the legislation would first receive reviews of reserve thorough debate that the American is a permanent increase in the rate of compensation providing all of the in- people can follow. In addition, many of family separation allowance from $100 formation that we need to address this my constituents and I remain con- per month to $250 per month as well as issue responsibly. I patiently waited cerned that by raising these caps, the a permanent increase in the rate of for several studies on this issue, includ- U.S. devotes greater resources to the special pay for duty subject to hostile ing by the Defense Department, but military side of the equation in Colom- fire or imminent danger from $150 per when the studies came out they called bia without balancing our approach month to $225 per month. for further study. This matter cannot through greater support for democratic We continue to be increasingly reli- institutions, increasing economic de- continue to languish unaddressed in- ant on the men and women of our Re- velopment, and supporting human definitely. As retired U.S. Air Force serve forces and National Guard. In rights. fact, 40 percent of all the ground troops Colonel Steve Strobridge, government There are other provisions in this bill in Iraq and Afghanistan are composed relations director for the Military Offi- with which I disagree, and the Senate of National Guard and Reserve forces cers Association of America, MOAA, rejected a number of amendments that as well as nearly all of the ground put it, ‘‘It is time to fish or cut bait.’’ would have made this bill better. How- forces in Kosovo, Bosnia, and the Sinai. I agree with MOAA’s analysis that, ever, on balance this legislation con- Many of these soldiers and sailors leave ‘‘Further delay on this important prac- tains many good provisions for our behind friends, families, and careers to tical and emotional issue poses signifi- men and women in uniform and their defend our Nation. Accordingly, it is cant risks to long-term (Guard and Re- families and that is why I will vote for serve) retention’’ and I was proud to it. the responsibility of policy makers to vote for the amendment offered by the Mr. MCCAIN. Mr. President, I strong- ensure that we look after the needs of Senator from New Jersey, Mr. CORZINE. ly support the passage of S. 2400, the these patriots. Included in the legisla- I also believe that the Senate missed National Defense Authorization Act for tion is the authorization for full med- an opportunity to provide a small but Fiscal Year 2005. This legislation funds ical and dental examinations and req- needed measure of relief to military $422.2 billion for defense programs, uisite inoculations when reservists mo- families when it failed to adopt my which is a 3.4 percent increase or $20.9 bilize and demobilize as well as a new Military Family Leave Act amend- billion above the amount approved by requirement for pre-separation phys- ment. This amendment would have al- Congress last year. I commend the bill ical examinations for members of the lowed a spouse, child, or parent who al- managers, Senators WARNER and reserve component. This provision is ready qualifies for Family and Medical LEVIN, for their leadership both in the critical to maintain, and in some cir- Leave Act, FMLA benefits—unpaid Committee and on the floor these past cumstances, will help to increase the leave—to use those existing benefits weeks. This is a very important bill, readiness of the Total Force. for issues directly arising from the de- and I am pleased we are about to pro- The Senate also adopted an impor- ployment of a family member. The ceed to final passage. tant amendment to authorize an in- Senate adopted a similar amendment Yesterday, I had a lengthy statement crease in the size of our Army by 20,000. by unanimous consent when I offered it on the Boeing 767 Tanker Lease Pro- This increase is absolutely vital in our to the Iraq supplemental spending bill. gram so I will not take up more of the Army’s ability to carry out its mission This amendment has the support of the Senate’s time now, except to say that in the Global War on Terror. There is Military Officers Association of Amer- the amendment that was included in no shortage of evidence supporting an ica, the Enlisted Association of the Na- this bill is critical because congres- increase in Army end strength. Re- tional Guard of the United States, the sional guidance is needed where the Air cently, the Army pulled 3,600 troops Reserve Officers Association, the Na- force’s conduct on its Tanker Lease out of South Korea to fill critical needs tional Guard Association of the United Program has, to date, been unaccept- in Iraq. The Army is also looking to de- States, the National Military Family able. With regard to the Boeing 767 ploy to Iraq the 11th Armored Calvary Association, and the National Partner- Tanker Lease Program, the Depart- Regiment. This is an elite unit that ship for Women and Families. ment of Defense and the Air Force serves in desert training exercises. In I regret that a harmful second degree leadership have obfuscated, delayed, addition, for the first time in over 10 amendment was offered to my amend- and withheld information from Con- years, the Army is pulling people out ment and that I was not given the op- gress and the taxpayers. Therefore, the of the Individual Ready Reserve to fill portunity to have a straight up or tanker amendment attempts to make critical needs. The Department of De- down vote. Rather than taking up the sure that any effort by the Air Force to fense should be able to move troops Senate’s time in a protracted debate replace its fleet of tankers is done re- around as needed to address critical about the second degree amendment, I sponsibly. We should expect no less needs, however, in this instance, we are withdrew my amendment so that this from the Air Force. sacrificing our readiness on the Korean

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.068 S23PT2 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7299 peninsula because we do not have in the War against Terror. Never has the next vote. First, our leadership and enough soldiers serving in the Army. there been a time in recent memory the members of our committee, our After returning home for a short pe- when it has been more important not committee staff, and particularly my riod of time, soldiers and Marines are to waste money on non-essential ex- distinguished ranking member, with a already making preparations for their penditures. To continue to sustain an special thanks to both the Democratic second tour in Iraq or Afghanistan in infrastructure that exceeds our stra- whip and the Republican whip for their as many years. This is not good for mo- tegic and tactical needs will make less special time on the floor. rale, this is not good for retention, this funding available to the forces that we I ask for the third reading of the bill. is not good for readiness, and this is are relying on to destroy the inter- The PRESIDING OFFICER. The not good for the soldier’s families. national network of terrorism. question is on the engrossment and the Eventually, recruitment will be seri- The Department of Defense has come third reading of the bill. ously affected by these trends. out with very fair and reasonable cri- The bill was ordered to be engrossed Additionally, the Army recently an- teria used to select what bases are cho- for a third reading and was read the nounced a new stop-loss policy. While I sen for BRAC. I have every confidence third time. certainly recognize the Army’s author- the Secretary of Defense will carry out Mr. WARNER. I ask for the yeas and ity and necessity to issue stop loss or- this round of BRAC in a just and con- nays. ders, their issuance in this instance is sistent manner. Sooner or later, sur- The PRESIDING OFFICER. Is there a yet another reason why we need to in- plus bases must be closed. Delaying or sufficient second? crease the size of the Army. For all the canceling BRAC would only make the There appears to be a sufficient sec- benefits in group cohesion that results process more difficult and painful than ond. from extended tours, the Army will be need be. The sooner the issue is ad- The bill having been read the third facing a serious crisis when it comes dressed, the greater will be the savings time, the question is, Shall the bill time for these soldiers to reenlist on that will ultimately go toward defense pass? their own accord. I am concerned about modernization and better pay and ben- The clerk will call the roll. the effect that these stop-loss orders efits for our hard-working service The assistant legislative clerk called will have on the morale of our Army. members. the roll. While I still do not believe that we I understand some of my colleagues Mr. MCCONNELL. I announce that need a draft, we do need to increase the may be concerned about the potential the Senator from Kansas (Mr. size of the Army to carry out impor- negative effects a base closure may BROWNBACK) and the Senator from New tant defense missions. have on their local economy. Previous Hampshire (Mr. SUNUNU) are nec- These are some aspects of this legis- base closure rounds have had many essarily absent. lation that I do not support. For exam- success stories. For example, after I further announce that if present ple, once again, this bill lent the oppor- England Air Force Base closed in 1992, and voting the Senator from Kansas tunity for protectionist Buy America Alexandria, LA, benefited from the cre- (Mr. BROWNBACK) would vote ‘‘yea.’’ amendments. In a similar fashion as ation of over 1,400 jobs—nearly double Mr. REID. I announce that the Sen- last year, the Senate had to beat back the number of jobs lost. Across the ator from Massachusetts (Mr. KERRY) an amendment that sought to protect U.S., about 60,000 new jobs have been is necessarily absent. parochial interests at the cost of our created at closing military bases. At The PRESIDING OFFICER. Are there defense industry and American jobs. It bases closed more than 2 years, nearly any other Senators in the Chamber de- seems as if every year, we fight the 75 percent of the civilian jobs have siring to vote? same fight on the Senate floor. been replaced. This is not to say that The result was announced—yeas 97, A sound policy which the Senate has base closures are easy for any commu- nays 0, as follows: adopted in the past is that we need to nity, but it does suggest that commu- [Rollcall Vote No. 146 Leg.] provide American servicemen and nities can and will continue to thrive. YEAS—97 women with the best equipment at the Americans are blessed with nearly Akaka Dole Lott best price for the American taxpayer. limitless freedoms and liberties. In ex- Alexander Domenici Lugar This is the policy we need to continue change for all our country gives to us, Allard Dorgan McCain to follow. Allen Durbin McConnell it does not demand much in return. Yet Baucus Edwards The international considerations of Mikulski throughout our history, millions of Bayh Ensign Miller this amendment are immense. such an people have volunteered to give back Bennett Enzi Murkowski isolationist, go-it-alone approach to their nation through military serv- Biden Feingold Murray Bingaman Feinstein Nelson (FL) would have serious consequences on ice. The selfless acts of courage and Bond Fitzgerald Nelson (NE) our relationship with our allies. Fur- sacrifice made by the men and women Boxer Frist thermore, our country is threatened Breaux Graham (FL) Nickles in our armed services have elevated our Pryor when we ignore our trade agreements. Bunning Graham (SC) Nation to the greatness we enjoy Burns Grassley Reed Currently, the U.S. enjoys a trade bal- today. Byrd Gregg Reid ance in defense exports of 6-to-1 in its America is defined not by its power Campbell Hagel Roberts favor with respect to Europe, and but by its ideals. One of the great Cantwell Harkin Rockefeller Carper Hatch Santorum about 12-to-1 with respect to the rest of strengths of the American public is the Chafee Hollings Sarbanes the world. We don’t need protectionist desire to serve a cause greater than our Chambliss Hutchison Schumer measures to insulate our defense or own self interest. All too often, our Clinton Inhofe Sessions aerospace industries. If we stumble younger generations are accused of Cochran Inouye Shelby Coleman Jeffords down the road of protectionist policies, selfishness and an unwillingness to sac- Smith Collins Johnson Snowe our allies will retaliate and the ability rifice. I disagree. I see generations of Conrad Kennedy Specter to sell U.S. equipment as a means to people yearning to serve and help their Cornyn Kohl Stabenow Corzine Kyl Stevens greater interoperability with NATO fellow citizens. Each year, thousands of Craig Landrieu Talent and non-NATO allies would be seri- our young Americans decide to dedi- Crapo Lautenberg Thomas ously undercut. Critical international Daschle Leahy cate a few years or even a full career to Voinovich programs, such as the Joint Strike protecting the rights and liberties of Dayton Levin DeWine Lieberman Warner Fighter and missile defense, would others. They often do this with very Dodd Lincoln Wyden likely be terminated as our allies reas- real risks to their lives. They volunteer NOT VOTING—3 sess our defense cooperative trading re- to do this not for profit, nor for self- lationship. promotion, but out of a sense of duty, Brownback Kerry Sununu On another important policy consid- service, and patriotism. The bill (S. 2400) was passed. eration, the Senate also successfully I urge my colleagues to support this (The bill will be printed in a future defeated an amendment aimed at can- important legislation. edition of the RECORD.) celing the upcoming BRAC round. Mr. WARNER. Mr. President, I wish Mr. WARNER. Mr. President, I move BRAC has taken on a new significance to thank so many who made possible to reconsider the vote.

VerDate May 21 2004 23:55 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.075 S23PT2 S7300 CONGRESSIONAL RECORD — SENATE June 23, 2004 Mr. LEVIN. I move to lay that mo- after the enacting clause be stricken ments, perhaps a record number of tion on the table. and the text of S. 2400, as passed, be amendments. The motion to lay on the table was substituted in lieu thereof; that the Mr. WARNER. I thank my friend. agreed to. bill be advanced to third reading and These many years we have worked, Mr. WARNER. Mr. President, I ask passed; that the Senate insist on its really, as partners, and achieved one of unanimous consent that S. 2400 as amendment to the bill and request a the highest degrees of bipartisanship in amended be printed as passed. conference with the House on the dis- the discharge of our respective respon- The PRESIDING OFFICER. Without agreeing votes of the two Houses, and sibilities, together with the staffs. objection. the Chair be authorized to appoint con- Mr. LEVIN. Mr. President, we would Mr. WARNER. Mr. President, I ask ferees; that the motion to reconsider not be at this point in our delibera- unanimous consent that the Senate the above-mentioned votes be laid upon tions were it not for the extraordinary proceed immediately to the consider- the table; and that the foregoing occur work and cooperation on a bipartisan ation en bloc of S. 2401 through S. without intervening action or debate. basis of all of our committee members 2403—Calendar Order Nos. 504, 505 and The PRESIDING OFFICER. Is there and all of our committee staff. Once 506; that all after the enacting clause objection? again, our Committee and the Senate of those bills be stricken and the ap- Mr. DASCHLE. Mr. President, reserv- have put the interests of our country propriate portion of S. 2400, as amend- ing the right to object, we are not pre- first and we all can be very proud of ed, be inserted in lieu thereof, accord- pared to go to conference tonight. We that. ing to the schedule which I am sending will consult with some of our col- I take just a moment to acknowledge to the desk; that these bills be ad- leagues tomorrow morning, and we cer- and thank the minority staff members vanced to third reading and passed; tainly have no intention of delaying of the Committee on Armed Services that the motions to reconsider en bloc conference. But it is our hope that we for their extraordinary work on S. 2400, be laid upon the table; and that the will have an opportunity to consult a the National Defense Authorization above actions occur without inter- little bit more about some of the issues Act for Fiscal Year 2005. You don’t get vening action or debate. we expect to be raised. to final passage of this massive and im- The PRESIDING OFFICER. Without For that purpose, I object to the por- portant bill without having staff who objection, it is so ordered. tion of the request which would allow are willing to give hours and hours of the conference to begin. hard work and make many personal f The PRESIDING OFFICER. Objec- sacrifices. The committee and the Sen- DEPARTMENT OF DEFENSE AU- tion is heard. ate are so fortunate to have men and THORIZATION ACT FOR FISCAL Without objection, H.R. 4200, as women of their expertise and dedica- YEAR 2005 amended, is passed. tion so ably assisting us on this bill. Mr. WARNER. Mr. President, that The bill (S. 2401) to authorize appro- Rick DeBobes leads our minority staff concludes the matters addressing the priations for fiscal year 2005 for mili- of seventeen. Though small in num- bill. I thank the leadership of both tary activities of the Department of bers, they all make huge contributions sides, members of our committee, and Defense, to prescribe personnel to the work of the committee each and the wonderful, fine staff we have, par- strengths for such fiscal year for the every day. Mr. President, as a tribute ticularly my staff, Mrs. Ansley, and my Armed Forces, and for other purposes, to their professionalism and with my good colleague over here, my partner was considered, ordered to be engrossed thanks, I recognize Chris Cowart, Dan for these 26 years we have been in the for a third reading, read the third time, Cox, Madelyn Creedon, Mitch Senate. Guess we landed another one, and passed, as follows: Crosswait, Rick DeBodes, Brie Eisen, not necessarily in record time. Our cal- (The text of the bill will be printed in Evelyn Farkas, Richard Fieldhouse, culation is 16 legislative days. So per- a future edition of the RECORD.) Creighton Greene, Jeremy Hekhuis, haps we have set something of a record Bridget Higgins, Maren Leed, Gary f as the days were fairly consecutive. Leeling, Peter Levine, Mike McCord, MILITARY CONSTRUCTION AU- I thank the chief of staff sitting here. Bill Monahan, and Arun Seraphin. THORIZATION ACT FOR FISCAL Thank you, Captain. Mr. WARNER. Mr. President, I ask YEAR 2005 Mr. LEVIN. Mr. President, as always, unanimous consent to have the names the Senate is very much in the debt of of staff printed in the RECORD. The bill (S. 2402) to authorize appro- our chairman, JOHN WARNER, an ex- There being no objection, the mate- priations for fiscal year 2005 for mili- traordinary human being and leader. rial was ordered to be printed in the tary construction, and for other pur- This could not have happened without RECORD, as follows: poses, was considered, ordered to be en- his leadership. COMMITTEE ON ARMED SERVICES grossed for a third reading, read the My staff, Dick Debobes, and all of our Judith A. Ansley, Charles W. Alsup, Mi- third time, and passed, as follows: minority staff deserve extraordinary chael N. Berger, June M. Borawski, Leah C. (The text of the bill will be printed in credit for getting this done. It would Brewer, Alison E. Brill, Jennifer D. Cave, L. a future edition of the RECORD.) have taken twice as long but for our David Cherington, Marie Fabrizio Dickinson, f staff. I don’t know—16 legislative days. Regina A. Dubey, Andrew W. Florell, Brian It would have been double that number R. Green, William C. Greenwalt, Ambrose R. DEPARTMENT OF ENERGY NA- of days but for our staff, Judy Ansley Hock, Gary J. Howard, Jennifer Key, Greg- ory T. Kiley, Thomas L. MacKenzie, Elaine TIONAL SECURITY ACT FOR FIS- and her staff. We thank them. Our staff CAL YEAR 2005 A. McCusker, Lucian L. Niemeyer, Cindy worked together on a bipartisan basis. Pearson, Paula J. Philbin, Lynn F. Rusten, The bill (S. 2403) to authorize appro- The Nation and our men and women in Joseph T. Sixeas, Scott W. Stucky, Diana G. priations for fiscal year 2005 for defense the Armed Forces owe them a huge Tabler, Richard F. Walsh, Bridget E. Ward, activities of the Department of Energy, debt. It is our staff—they will never Nicholas W. West, and Pendred K. Wilson. and for other purposes, was considered, know the names of our staff, probably, Mr. WARNER. I am happy at this ordered to be engrossed for a third but they will be safer, more secure, time to yield the desk back to the ma- reading, read the third time, and better trained, better equipped, and jority leader. I hope I never see this passed as follows: have better benefits because of the again for another year. (The text of the bill will be printed in work of our staff and the members of The PRESIDING OFFICER. The a future edition of the RECORD.) our committee who worked on a bipar- Democratic leader. Mr. WARNER. Mr. President, with tisan basis under the leadership of Mr. DASCHLE. I think the most re- respect to H.R. 4200—Calendar Order JOHN WARNER. cent tribute by each of the managers to No. 537—the House-passed version of Again, I take my hat off to our chair- each other is yet another illustration the National Defense Authorization man. He has really done a wonderful of the kind of bipartisanship that is so Act for Fiscal Year 2005, I ask unani- job on this bill. It took a little longer routinely achieved in the Armed Serv- mous consent that the Senate turn to than expected, but again we worked ices Committee. Thanks for the ex- its immediate consideration; that all through a huge number of amend- traordinary leadership and effort of

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