July 23, 2009 CONGRESSIONAL RECORD — SENATE S7947 either choice if we do nothing to ad- shook my hand or patted me on the back, down to a wonderful meal. It was not dress the problem of long-term debt. and told me, ‘‘We’re proud that your son until the next day when Shirley real- Regardless of the global threats we fought for us and sacrificed for us.’’ ized Brian had emptied out the freezer, face, we will be forced to field a small- Maybe it is not so surprising if you and there was nothing left in the house er and less capable force. The money know the dedication Brian put into ev- to cook. will not be there. erything he did from a very early age. Brian graduated from Greenwood When most Americans think about Jack Wright, Brian’s Sunday school High School in 2003, and after serving threats to our security, they come up teacher, remembers when Brian was a as commander of his school’s Junior with a standard list. But few people in- young middle school student who ROTC Program, he enlisted in the clude our growing national debt. They would participate in the two-hand Army. He was assigned to Company D, should—because it is real and it is seri- touch football games that were played 1st Battalion, 503rd Infantry Regiment, ous. after Bible study services on Wednes- 173rd Airborne Brigade Combat Team, Based on current trends, it is quite day nights. stationed in Vicenza, Italy. possible to imagine some future Chair- ‘‘Brian was never the biggest or fast- Brian’s family remembers how Brian man of the Joint Chiefs of Staff walk- est,’’ Jack says, ‘‘But no one put more loved what he was doing and took pride ing into the Oval Office one day and in- effort into the game and no one en- in his work. His mother Shirley was forming the Commander in Chief that joyed playing any better than Brian.’’ proud of her son’s humanitarian work he has no choice: he can either protect That enthusiasm carried over when in uniform. In Afghanistan he distrib- the sealanes in the Persian Gulf or he Brian joined the football team at uted seeds to the Afghan farmers and can protect the sealanes in the Sea of Drakes Creek Middle School. Brian helped provide security for the engi- Japan, but he cannot do both. On that also liked basketball and baseball and neers to build roads and rebuild the day the United States of America will could often find a pickup game with country. no longer be the guarantor of the inter- the neighborhood kids many nights Madam President, we must keep national trading system, sea lines of after school. Brian’s family and friends in our communication, the security of our al- In high school, Brian joined the Jun- thoughts as I recount his story for the lies, or even our own independence. ior ROTC Program, and just like in Senate today. We are thinking of his All of this should matter to Members those football games, he put his all mother and father, Shirley and Toney of the Senate. Americans trust our Na- into becoming the best. He succeeded Gorham; his sister Brandie Dixon, and tion’s intelligence and uniformed per- by being in the first group to complete her husband Lawrence; his brother sonnel to protect them from distant his ROTC Program’s Leadership Acad- Henry; his maternal grandparents, threats. But it is incumbent upon the emy. Roger and Esther Bunch; his paternal men and women of this body—those of That achievement was symbolized, grandmother, Neil Tabor; his aunt, Re- us who control the purse strings—to on Brian’s dress uniform, by a silver gina Peterson; and many other beloved make sure the Nation’s resources are band around his right shoulder. Jack family members and friends. managed in a way that enables these Wright remembers Brian would proudly Madam President, Brian had a 1976 forces to do their work. The men and wear his ROTC uniform to services at Chevy pickup that was passed down women of the Senate must look beyond Woodburn Baptist Church for many through the family. He called it Old the narrow demands of a single polit- years. Blue. He would often have a hard time ical term in office or the next election Brian still found time for fun, of starting it and had to wake up his sis- to the long-term security of our Nation course. He loved to fish, explore the ter to start it for him on some days. and, indeed, the world. No one else can caves near his house, and float down When Brian was in the hospital in protect the American people from the the creek in his friend’s boat. One time Texas, he told his father that he want- diminishment of power and capability Brian and some of his friends were rac- ed the two of them to work on restor- that come with our dangerous and ing go-carts and decided to hold a con- ing Old Blue together. Brian did not ever-increasing national debt. test to see who could drive through a get to finish that task. But Toney has f huge mud puddle and come out the the pickup in his garage now, and he muddiest. promises to fulfill his son’s wish. HONORING OUR ARMED FORCES This is one contest Brian’s parents Our country must also fulfill a prom- PRIVATE FIRST CLASS BRIAN L. GORHAM are probably glad he did not win. An- ise to PFC Brian L. Gorham and for- Mr. MCCONNELL. Madam President, other boy was so muddy that when his ever honor his service. It is the least with sadness I rise today to speak mom came to pick him up, she made we can do after his tremendous sac- about a fallen warrior from my home him ride home in the trunk rather than rifice. State of Kentucky. On December 31, on the seat. Madam President, I yield the floor. 2007, PFC Brian L. Gorham succumbed Brian was close to his sister Brandie f and his brother Henry. When they were to injuries sustained earlier that RESERVATION OF LEADER TIME month when an explosive device struck kids, Brandie made Brian play dolls his vehicle while on patrol in Afghani- with her, although the easy-going The ACTING PRESIDENT pro tem- stan. Brian did not seem to mind. Henry was pore. Under the previous order, the Private First Class Gorham hailed his big brother’s little shadow. The two leadership time is reserved. from Woodburn, KY. He was 21 years would watch wrestling together and f old and was able to spend the last days act out the wrestling moves. NATIONAL DEFENSE AUTHORIZA- of his life not halfway around the world Henry remembers during one of his TION ACT FOR FISCAL YEAR 2010 but back in America—in a hospital in football games at school, both his par- The ACTING PRESIDENT pro tem- Fort Sam Houston, TX, to be precise— ents were unable to attend. Henry was pore. Under the previous order, the surrounded by his loving family. not doing so well until he heard his big For his bravery in uniform, Private brother Brian cheering him on from Senate will resume consideration of S. First Class Gorham received several the sidelines. That gave him the extra 1390, which the clerk will report. The bill clerk read as follows: medals, awards, and decorations, in- confidence he needed. cluding the Army Good Conduct Medal, Brian’s mother Shirley also remem- A bill (S. 1390) to authorize appropriations bers a time when she and Toney went for fiscal year 2010 for military activities of the Purple Heart, and the Bronze Star the Department of Defense, for military con- Medal. away for the weekend, and Brian called struction, and for defense activities of the At Brian’s funeral service in Frank- her to say he was cooking dinner for Department of Energy, to prescribe military lin, KY, hundreds of people came to some friends and not to worry, they personnel strengths for such fiscal year, and offer their sympathies to his family were sharing the cost. He said he would for other purposes. and friends. Brian’s father, Toney Gor- have food ready for them, too, when Pending: ham, said: they got back. Kyl amendment No. 1760, to pursue United It’s hard to believe that so many people, a So Shirley and Toney came home to States objectives in bilateral arms control lot of them I don’t know, walked up to me, find Brian had barbecued, and they sat with the Russian Federation.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7948 CONGRESSIONAL RECORD — SENATE July 23, 2009 The ACTING PRESIDENT pro tem- ities. I would point out that we waited the unanimous consent proposal last pore. The Senator from Michigan. for a couple hours yesterday for the night could be offered by him. If that is Mr. LEVIN. Madam President, we are same Senator yesterday afternoon to not agreeable to the Republican side, now back on the bill, as the clerk has be able to come to the floor to address then I obviously am not going to make indicated, and as the Acting President another amendment. At the same time, the suggestion. But it would not delay pro tempore has indicated. It was the clock is running because the major- anything; all it would do would be to agreed to last night in our unanimous ity leader has filed cloture on the bill. change the order of events to accom- consent request that I offered and was So are we going to run the pro- modate us. If that is not acceptable to accepted that the next order of busi- ceedings here, consideration of the au- the minority, then I will obviously not ness would be to take up the Kyl thorization bill, based on the priorities make that unanimous consent pro- amendment, and there would be pro- of one Senator or are we going to carry posal. tected either a second-degree or a side- out what we all agreed to last night in The ACTING PRESIDENT pro tem- by-side amendment to that amend- the unanimous consent agreement? pore. The Senator from Arizona. ment; and then we would move, after There was no objection last night from Mr. MCCAIN. Madam President, I that, to an amendment by the Senator the Senator from Massachusetts. He would ask the distinguished chairman, from Connecticut, Mr. LIEBERMAN, and could have objected. So now we want to then, in the spirit of compromise, can a side-by-side or second-degree amend- turn everybody else’s schedules on we arrange a time agreement on the ment could then be offered by the Sen- their heads because one Senator has Lieberman amendment that is reason- ator from Indiana, Mr. BAYH. some other priorities. able so that perhaps we could take up Madam President, I see my friend Obviously, we are going to finish the the Kyl amendment later in the morn- from Arizona is here. In a moment, I bill because the majority leader filed ing so that at least that might not am going to suggest we reverse the cloture, and we have to close out the upset his schedule, since we are mak- order of that because of Senator bill, after spending nearly a week on ing accommodation for the sponsor of a KERRY’s requirements this morning. I two issues, hate crimes and guns, nei- second-degree amendment, which have no objection at some point to en- ther of which had a single thing to do seems to be our priority. tering into a time agreement on Kyl, with the Defense authorization bill— Mr. LEVIN. Madam President, of by the way, at all. That is not the pur- because, unprecedented in the 20-some course, that is exactly what I was pro- pose, to delay that to a cloture mo- years I have been a member of the posing. I appreciate the willingness of ment. But I think the minority would Armed Services Committee, the major- the Senator from Arizona to try to want to see the language of any side- ity leader of the Senate came to the work that out. by-side before there was an agreement floor and proposed a hate crimes bill There is no problem with the time to a time agreement. If not, I am happy that had not been through the com- agreement on the Lieberman-Bayh to enter into a time agreement on Sen- mittee of jurisdiction and was, obvi- matters because the reason we couldn’t ator KYL’s and any second degree or ously, very controversial on this side. do that is that the Bayh language was side-by-side at any time my good friend So after getting bollixed up for a not available in time for the minority from Arizona wants to do that. week and a half—or at least a week—on side to consider a time agreement. We But in order for the convenience of those two issues, we enter into a unani- would be happy to have a time agree- the parties, if Senator LIEBERMAN and mous consent agreement when the ma- ment of 1 hour on the Lieberman Senator BAYH could come down now—if jority leader files cloture to close off amendment, 1 hour on the Bayh they can do that—I would like to in- debate on this side. That is the reason amendment; 2 hours together, in other quire about that and dispose of their it is done. So now we are supposed to words. We are happy to have a time amendments first and then take up the overturn, some 10 hours later, a unani- agreement on Senator KYL’s amend- Kyl amendment with a time agree- mous consent agreement because one ment, but we were only suggesting that ment—just to reverse the order of Senator cannot fit it into his schedule, we reverse the order to accommodate those two because of the Finance Com- when the sponsor of the amendment is things here. It would not result in any mittee’s meetings this morning, which the No. 2 ranking member on this side? additional use of time; it would not Senator KERRY needs to attend. There is something wrong with that delay anything; it would simply re- I have not had a chance to talk to my process. verse the order for the accommodation friend from Arizona about this just be- I will be glad to discuss it with the of the Senator who needs to be here to cause of the way the morning goes. distinguished chairman and we will try offer a second-degree amendment, if we That is what I would like to suggest. If and see if we can adjust to it. In the are going to do it, or a side-by-side to that can be done, it would simplify meantime, the clock continues to run Senator KYL’s first-degree amendment. things. and we have fewer and fewer amend- The ACTING PRESIDENT pro tem- There are also a number of other ments that will be germane and be al- pore. The Senator from Arizona. things we need to do. We have—and I lowed to be discussed, because we find Mr. KYL. Madam President, obvi- think the Senator from Arizona is fa- out this morning, after a unanimous ously, whatever is most convenient to miliar with this—an amendment on consent agreement which could have the chairman and ranking member is voting rights for the troops which I been objected to last night, one Sen- fine, subject to I had planned, because think has been cleared. It is a bipar- ator has a schedule that dictates we of our conversations last night, to be tisan amendment which is going to turn the unanimous consent agreement able to do this this morning. By this need about 15 minutes of debate, I un- on its head. afternoon, I am going to have a lot of derstand. That could be done as well, I suggest the absence of a quorum. conflicts. In fact, I too am on the Fi- hopefully. The ACTING PRESIDENT pro tem- nance Committee where Senator But my goal, if it is agreeable to the pore. The clerk will call the roll. KERRY is right now and I am supposed Republican manager, would be to basi- Mr. LEVIN. Madam President, if the to be there but made this arrangement. cally flip the two, with time agree- Senator would withhold that request I don’t believe the business before the ments for both, going first to the for a moment so I may comment. Finance Committee is going to last Lieberman and Bayh amendments, if Mr. MCCAIN. I withhold my request. very long at all. In fact, it was a very they are able to do it. Mr. LEVIN. Madam President, I was quick matter to be resolved. So as long The ACTING PRESIDENT pro tem- not suggesting that we not proceed this as we can try to get the amendments pore. The Senator from Arizona. morning; I was suggesting that we re- relating to the START treaty resolved Mr. MCCAIN. Madam President, let verse the order to accommodate a Sen- before afternoon, I am perfectly willing me just say to my friend, the distin- ator who is going to be offering a sec- to agree to anything that is acceptable guished chairman, all of our Members ond-degree amendment. If that is not to everybody else here, and it seems to have very busy schedules. The Senator acceptable, we do not need to do that. me we should be able to accomplish from Arizona, whose amendment it is, I was simply trying to accommodate that. happens to be the second ranking Re- the Senator so that the second-degree The ACTING PRESIDENT pro tem- publican and has heavy responsibil- or side-by-side amendment that was in pore. The Senator from Arizona.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7949 Mr. MCCAIN. Madam President, let working this out to try to accommo- (2) will not— me say we can have 1 hour for each side date all of us the best we can. (A) disrupt the F–35 Joint Strike Fighter on the Lieberman amendment and then I yield the floor. program during the research, development, move directly to the Kyl amendment, Mr. LIEBERMAN. Madam President, and procurement phases of the program; or (B) result in the procurement of fewer F–35 if that is agreeable. I suggest the absence of a quorum. The ACTING PRESIDENT pro tem- Joint Strike Fighter aircraft during the life The ACTING PRESIDENT pro tem- cycle of the program. pore. The Senator from Michigan. pore. The clerk will call the roll. (b) ADDITIONAL AMOUNT FOR UH–1Y/AH–1Z Mr. LEVIN. Madam President, what The bill clerk proceeded to call the ROTARY WING AIRCRAFT.—The amount au- we need to do along that line is to see roll. thorized to be appropriated by section if we can get an agreement from Sen- Mr. LIEBERMAN. Madam President, 102(a)(1) for aircraft procurement for the ator LIEBERMAN and from Senator I ask unanimous consent that the order Navy is increased by $282,900,000, with the amount of the increase to be allocated to BAYH on a time agreement on those for the quorum call be rescinded. The ACTING PRESIDENT pro tem- amounts available for the procurement of two amendments. I would suggest, as UH–1Y/AH–1Z rotary wing aircraft. the Senator from Arizona did, that pore. Without objection, it is so or- dered. (c) RESTORATION OF MANAGEMENT RE- there be an hour equally divided on SERVES FOR F–35 JOINT STRIKE FIGHTER PRO- AMENDMENT NO. 1627 each, which will be a total of 2 hours, GRAM.— and then if the majority leader is Mr. LIEBERMAN. Madam President, (1) NAVY JOINT STRIKE FIGHTER.—The agreeable to this—— I have consulted with the chairman of amount authorized to be appropriated by Mr. MCCAIN. Maybe we need a the Armed Services Committee, Sen- section 201(a)(2) for research, development, quorum call for a moment. ator LEVIN, and the ranking member, test, and evaluation for the Navy is hereby Mr. LEVIN. I suggest the absence—— Senator MCCAIN, and they have urged increased by $78,000,000, with the amount of Mr. LIEBERMAN addressed the me to go forward and call up my the increase to be allocated to amounts amendment on the alternate engine available for the Joint Strike Fighter pro- Chair. gram (PE # 0604800N) for management re- The ACTING PRESIDENT pro tem- and begin debating it to expedite mat- serves. pore. The Senator from Connecticut. ters while we are awaiting Senator (2) AIR FORCE JOINT STRIKE FIGHTER.—The Mr. LIEBERMAN. Madam President, BAYH to come over. I call it up at this amount authorized to be appropriated by I wanted to say that as the overnight time. section 201(a)(3) for research, development, proceeded, there are a number of peo- The ACTING PRESIDENT pro tem- test, and evaluation for the Air Force is ple who want to come down and speak pore. The clerk will report. hereby increased by $78,000,000, with the on our side, so I wish to ask that on The Senator from Connecticut [Mr. amount of the increase to be allocated to our amendment we have at least an LIEBERMAN], for himself, Mr. MCCAIN, Mr. amounts available for the Joint Strike Fighter program (PE # 0604800F) for manage- hour and a half, perhaps two. I hope REED, Ms. SNOWE, Mr. SCHUMER, Mr. INHOFE, Mr. DODD, Mrs. HUTCHISON, Ms. COLLINS, Mr. ment reserves. not to use it, but I think this is going (d) OFFSETS.— to be a significant debate. KYL, and Mr. CORNYN, proposes an amend- ment numbered 1627. (1) NAVY JOINT STRIKE FIGHTER F136 DEVEL- The ACTING PRESIDENT pro tem- OPMENT.—The amount authorized to be ap- pore. The Senator from Michigan. Mr. LIEBERMAN. Madam President, propriated by section 201(a)(2) for research, Mr. LEVIN. Madam President, I sug- I ask unanimous consent that reading development, test, and evaluation for the gest that we seek an agreement that of the amendment be dispensed with. Navy is hereby decreased by $219,450,000, with there be 2 hours on the two amend- The ACTING PRESIDENT pro tem- the amount of the decrease to be derived ments together, one equally divided be- pore. Without objection, it is so or- from amounts available for the Joint Strike Fighter (PE # 0604800N) for F136 develop- tween the Senator from Connecticut dered. The amendment is as follows: ment. and the Senator from Indiana. (Purpose: To require the Secretary of De- (2) AIR FORCE JOINT STRIKE FIGHTER F136 DE- I suggest the absence of a quorum. VELOPMENT.—The amount authorized to be The ACTING PRESIDENT pro tem- fense to make certain certifications with respect to the development of an alter- appropriated by section 201(a)(3) for research, pore. The clerk will call the roll. native propulsion system for the F–35 development, test, and evaluation for the Air The bill clerk proceeded to call the Joint Strike Fighter program before funds Force is hereby decreased by $219,450,000, roll. may be obligated or expended for such sys- with the amount of the decrease to be de- Mr. LEVIN. Madam President, I ask tem and to provide, with offsets, an addi- rived from amounts available for the Joint unanimous consent that the order for tional $282,900,000 for the procurement of Strike Fighter (PE # 0604800F) for F136 devel- the quorum call be rescinded. UH–1Y/AH–1Z rotary wing aircraft and an opment. The ACTING PRESIDENT pro tem- additional $156,000,000 for management re- Mr. LIEBERMAN. This amendment I pore. Without objection, it is so or- serves for the F–35 Joint Strike Fighter am introducing with Senator MCCAIN dered. program) as my lead cosponsor, and with a Mr. LEVIN. Madam President, I ask On page 39, strike lines 4 through 17, and strong bipartisan group of cosponsors, unanimous consent that the order for insert the following: including Senator REED of Rhode Is- consideration of amendments this SEC. 211. LIMITATION ON USE OF FUNDS FOR AN land, and Senators SNOWE, SCHUMER, ALTERNATIVE PROPULSION SYSTEM morning be switched and that the Sen- FOR THE F–35 JOINT STRIKE FIGHT- INHOFE, DODD, HUTCHISON, COLLINS, ate now consider the Lieberman ER PROGRAM; INCREASE IN FUND- KYL, and CORNYN. I am very grateful amendment No. 1627 and the Bayh ING FOR PROCUREMENT OF UH–1Y/ for that support. AH–1Z ROTARY WING AIRCRAFT AND To state it briefly, and then to go amendment No. 1767; that the amend- FOR MANAGEMENT RESERVES FOR ments be debated concurrently for a THE F–35 JOINT STRIKE FIGHTER into some detail, this amendment total of 150 minutes, with 90 minutes PROGRAM. would remove funding from this bill under the control of Senator (a) LIMITATION ON USE OF FUNDS FOR AN AL- that was added by way of amendment LIEBERMAN and 60 minutes under the TERNATIVE PROPULSION SYSTEM FOR THE F–35 in the Armed Services Committee for JOINT STRIKE FIGHTER PROGRAM.—None of control of Senator BAYH; that no $439 million to build a second engine the funds authorized to be appropriated or amendments be in order to either for the Joint Strike Fighter plane. otherwise made available by this Act may be I will argue, on behalf of the amend- amendment; that upon the use or yield- obligated or expended for the development or ing back of time, the vote in relation procurement of an alternate propulsion sys- ment I have introduced with Senator to the amendments occur at a time to tem for the F–35 Joint Strike Fighter pro- MCCAIN and others, that it is a waste of be determined, with the first vote in gram until the Secretary of Defense submits $439 million to build for a plane a sec- relation to the Bayh amendment, to be to the congressional defense committees a ond engine, which we don’t need. In followed by a vote in relation to the certification in writing that the develop- fact, estimates are that continuing ac- Lieberman amendment, with 2 minutes ment and procurement of the alternate pro- quisition of this second engine will cost pulsion system— of debate prior to the second vote. over $6 billion of taxpayer money that (1) will— we don’t need to spend because there The ACTING PRESIDENT pro tem- (A) reduce the total life-cycle costs of the pore. Is there objection? F–35 Joint Strike Fighter program; and has been a competition for the engine Without objection, it is so ordered. (B) improve the operational readiness of to be used in the Joint Strike Fighter, Mr. LEVIN. I thank the Presiding Of- the fleet of F–35 Joint Strike Fighter air- which is now the heart and soul of ficer and I thank my colleagues for craft; and America’s hopes for the future when it

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7950 CONGRESSIONAL RECORD — SENATE July 23, 2009 comes to tactical aviation—particu- second engine for the Joint Strike extra money for it if we had a perfectly larly after the Senate terminated the Fighter is realized already in the part good engine in the car? Back to the let- F–22 program the other day. of the bill Senator MCCAIN and I and ter: So there was a competition to build others are trying to withdraw and in Thus, further expenditures on a second en- the engine for the Joint Strike Fight- the amendment my friend from Indiana gine are unnecessary and will likely impede er. General Electric, in its proposal, will introduce because it takes money the progress of the overall F–35 program. lost that competition. Pratt & Whitney from the Marines and the Air Force It is my belief that the JSF program pre- sented in the President’s budget request is in won that competition. special operations community in areas Now, by way of legislation, the pro- the best interests of national security. If a they and we desperately need. final bill is presented to the President con- ponents of the second engine for this I wish to add that, this morning, I taining provisions that would seriously dis- plane are trying to achieve, by legisla- was grateful and honored to receive a rupt the F–35 program, the President’s senior tion, what they could not achieve by letter from Secretary of Defense Rob- advisors will recommend that the President competition. It is not only that it is an ert Gates, in which the Secretary of veto the bill. unnecessary expenditure of $439 million Defense strongly and clearly expresses I intend to show in my argument this in the coming year, and more than $6 his opposition to the alternate engine, morning that, in fact, this Armed Serv- billion, for a second engine that we the second engine, an unnecessary en- ices Committee bill—if the amendment don’t need for that plane, but it has gine—the $6 billion unnecessary engine Senator MCCAIN and I are proposing is consequences. It is not just that we are for the Joint Strike Fighter—and his not adopted—will seriously disrupt the spending taxpayer money, but I will go support for the amendment that Sen- F–35 program, the Joint Strike Fighter into this in some detail in a moment. ator MCCAIN and I and others have in- program and, therefore, will be occa- Regarding putting that money to use troduced. sion for the President’s advisers to rec- on that second engine, a general from I ask unanimous consent that the ommend he veto this entire and criti- the Air Force overseeing this Joint letter from Secretary Gates be printed cally necessary bill. Strike Fighter program told our com- in the RECORD. I thank Secretary Gates for express- mittee it would delay the Joint Strike There being no objection, the mate- ing support for the amendment Senator Fighter, which our services are des- rial was ordered to be printed in the MCCAIN and I and others—Senator perately waiting for. They need this RECORD, as follows: SCHUMER, Senator DODD, Senator tactical fighter. So it would delay the DEFENSE PENTAGON, KYL—have offered to strip this unnec- program and, in fact, this Air Force Washington, DC, July 22, 2009. essary expenditure of money from the general testified to our committee that Hon. JOSEPH I. LIEBERMAN, bill. putting money into the bill for the sec- Chairman, Committee on Homeland Security Our amendment, as I have said, ond engine, and continuing to fund it, and Governmental Affairs, U.S. Senate, would restore funding that was taken would result, over the next 5 years, in Washington, DC. from the U.S. Marine Corps helicopter, a reduced capacity to build Joint DEAR MR. CHAIRMAN: The Department of Defense supports striking from legislation the Huey, when the committee voted to Strike Fighters by 53 planes. fund the alternate engine. The vote to So to spend the money to build a sec- any provision that would require the devel- opment or procurement of an alternative cut 10 Marine Corps helicopters comes ond engine for a plane, when we don’t propulsion system for the F–35 Joint Strike at a time the Marines are conducting a need a second engine—because the first Fighter. major offensive in the mountains of Af- one won the competition and is per- The current engine is performing well with ghanistan where the high altitudes and forming very well—we are going to re- more than 11,000 test hours. In addition, the hot weather require the best capabili- duce the buy of this tactical fighter risks associated with a single engine pro- ties Congress can provide them, includ- vider are manageable as evidenced by the that our military needs by 53 planes ing these Hueys. over the next 5 years. performance of the F–22 and F/A–18E/F, both Air Force and Navy programs supplied by a In fact, in recent statements from How do my friends who support the the Joint Staff and Marine Corps lead- second engine pay for it? Well, in the single engine provider. The Air Force cur- rently has several fleets that operate on a ership, it is clear how urgently the Ma- Armed Services Committee bill, which single engine source. Thus, further expendi- rines need the enhanced capabilities of is before us, which Senator MCCAIN, I, tures on a second engine are unnecessary and the UH–1 Huey on the battlefield. and others are trying to remove, they will likely impede the progress of the overall Speaking before the Armed Services defund the acquisition of helicopters, F–35 program. Committee of the Senate on Thursday, which are desperately needed by our It is my belief that the JSF program pre- sented in the President’s budget request is in July 9, the Vice Chairman of the Joint marines, particularly those fighting in Chiefs, General Cartwright, said to the Afghanistan. the best interests of national security. If a members of the committee: There will be an alternative proposal final bill is presented to the President con- made this morning in the amendment taining provisions that would seriously dis- Those helicopters are, in fact, critical. rupt the F–35 program, the President’s senior He continued: Senator BAYH will introduce, I pre- advisors will recommend that the President The helicopter for the Marines is one of sume, because there has been so much veto the bill. their most lethal weapons. They are the protest to defunding this acquisition of Sincerely, most effective in the battlefield, particularly helicopters that the marines need in ROBERT M. GATES, in the counterinsurgency arena. battle in Afghanistan, in order to pay Secretary of Defense. They are effective in built-up urban for a second engine, which is unneces- Mr. LIEBERMAN. I will read from areas and in compounds because they sary, for the Joint Strike Fighter. In- the letter. It is three paragraphs: can be discreet, so the value of those stead, the amendment will defund the The Department of Defense supports strik- acquisition of C–130s, which are spe- ing from legislation any provision that helicopters is significant. The day after General Cartwright ap- cially fitted for our special operations would require the development or procure- peared, I received a letter from the forces. Again, they are carrying out ex- ment of an alternate propulsion system for tremely dangerous and critical mis- the F–35 Joint Strike Fighter. Commandant of the Marine Corps, GEN The current engine is performing well with sions in Afghanistan, Iraq, and other James Conway. more than 11,000 test hours. In addition, the Madam President, I ask unanimous places, where they are courageously risks associated with a single engine pro- consent to have printed in the RECORD taking on particularly the terrorists vider are manageable as evidenced by the the letter from General Conway. who attacked us on 9/11. performance of the F–22 and F/A–18/F, both There being no objection, the mate- That is the essence of the argument. Air Force and Navy programs supplied by a rial was ordered to be printed in the This second engine is a program Presi- single engine provider. The Air Force cur- RECORD, as follows: dent Obama has described as ‘‘an un- rently has several fleets that operate on a necessary defense program that does single engine source. JULY 10, 2009. nothing to keep us safe, but rather pre- I draw back from the letter. What is Hon. JOSEPH I. LIEBERMAN, unusual is to have a second engine. U.S. Senate, vents us from spending money on what Washington, DC. does keep us safe.’’ Logically, if we want to buy a car, it DEAR SIR: The Marine Corps greatly appre- That warning from President Obama would be nice to have a second engine ciates your interest in the UH–1Y/AH–1Z pro- about the consequences of funding the in the garage but would we pay the gram. Procurement of less than the optimum

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7951 ramp of 28 H–1s during Fiscal Year 2010 will bers, supports the Lieberman-McCain Alter- iness of the F–35 fleet, and avoid either lead to continued reliance on aging heli- nate Engine Amendment. This amendment disrupting the Joint Strike Fighter copters that should have been retired from restores critical funding to procure heli- Program or resulting in procurement the inventory years ago. This happens at a copters that the United States Marine Corps of fewer Joint Strike Fighter aircraft time when the Secretary of Defense appears urgently needs in Afghanistan. during the life cycle of the program. poised to issue guidance to the Military De- I suspect the Reserve Officers Asso- partments to increase rotary-wing assets to Why do we propose these conditions? conduct current and future Irregular Warfare ciation will no more support an effort Because they are the benefits the pro- conflicts. to ask our special operations forces, as ponents of the second engine claim it As we focus on operations in Afghanistan, the second-degree or side-by-side will deliver. So we ask that the second sustaining the introduction of the H–1 is amendment Senator BAYH will offer, to engine be judged on its alleged merits. vital to our future success. We have pay the bill for an unnecessary second And I hope my colleagues will agree prioritized UH–1Y deliveries early in the pro- engine than he was to see our Marines gram in an effort to quickly replace our that this is a fair way to go at this. aging fleet of UH–1N helicopters. While the foot the bill. I have spoken already at the outset UH–1N has served us well for many decades, I ask unanimous consent to have about the fact that there was a com- it has now reached the point where its avail- printed in the RECORD Major General petition for the engine for the Joint able power and key aircrew systems are sim- Bockel’s letter. Strike Fighter that took place in 1996. ply not adequate for robust combat oper- There being no objection, the mate- Ultimately, one engine won the com- ations. As typically configured, UH–IN loads rial was ordered to be printed in the petition while the other lost. Under- are often reduced to just two or three com- RECORD, as follows: standably, but not acceptably, the bat configured Marines when operating at makers of the engine that lost have high density altitudes. Because of these se- RESERVE OFFICERS ASSOCIATION, vere operational limitations, we have been Washington, DC, July 21, 2009. come back to achieve by legislation— very aggressive in transitioning to the sig- Hon. JOSEPH LIEBERMAN, or attempt to—what they could not nificantly improved capabilities of the UH– Hart Office Building, achieve by competition. 1Y. Our frist Marine Expenditionary Unit de- Washington, DC. The proponents of the second engine tachment of three new aircraft deployed to DEAR CHAIRMAN LIEBERMAN: The Reserve have also claimed that it would lower the Central Command AOR this year when Officers Association, representing 65,000 Re- costs on the Joint Strike Fighter Pro- only ten UH–1Ys had been delivered to the serve Component members, supports gram overall. I have cited numbers fleet. In November 2009, we plan to deploy Lieberman-McCain Alternate Engine Amend- that come from the Pentagon and else- our first full squadron to Afghanistan where ment. This amendment restores critical where arguing on the other hand that the UH–1Y’s improved payload and airspeed funding to procure helicopters that the in that challenging environment will serve United States Marine Corps (USMC) urgently this program will cost over $6 billion of our Marines well. needs in Afghanistan. taxpayer money without any showing, Once we deploy the UH–1Y to theater, we In the Senate Armed Services Committee’s really, that it will save money. Devel- want to keep it there. However, in order to mark of the National Defense Authorization oping a second engine, quite logically sustain our anticipated combat deployment Act, the bill would cut funds for the procure- and following common sense, would re- schedule, production must remain on track. ment of Marine Corps UH–1Y helicopters and quire the Department of Defense to With recent deliveries occurring well ahead the AHI–Z Super Cobra in order to fund an maintain two logistics operations to of schedule and substantial contractor in- unnecessary ‘‘alternate engine’’ for F–35 vestments in tooling and long-lead mate- support it—tails, as it is called in the Joint Strike Fighter. military, two tails, two sets of training rials, there is tangible evidence that the pro- The Bell UH–1Y Venom is a twin-engine duction rate of 28 helicopters contained in medium size utility helicopter, part of the manuals, two sets of tooling compo- the President’s budget request can be met. USMC’s H–1 upgrade program, replacing the nent improvement parts. These addi- I greatly appreciate the opportunity to Marines aging fleet of UH–IN Twin Huey tional and unnecessary expenses would correspond with you and expand on this im- light utility helicopters first introduced in raise operations and sustainment costs portant subject. The supporting documenta- the early 1970s. The Corps’ current fleet of for the Joint Strike Fighter through- tion you requested is attached. If you have utility helicopters face noticeable oper- any additional questions, please do not hesi- out the life cycle of the program. ational limitations at high altitudes, which I want to get to the impact funding a tate to call on me. I also thank you for your is not a problem for the new UH–1Y. Because leadership and longstanding efforts on behalf second engine—an unnecessary engine, of the severe limitations, which can have an a costly engine—would have on the of our men and women in uniform. impact on operational agility, the USMC is Sincerely, aggressively transitioning to the new air- Joint Strike Fighter Program. JAMES T. CONWAY, craft. On June 9, the Armed Services Com- General, U.S. Marine Corps, The Pentagon had requested 28 AH–1Z and mittee Subcommittee on Air and Land, Commandant of the Marine Corps. UH–1Y helicopters, but NDAA markups have which I have the honor of chairing, Mr. LIEBERMAN. Madam President, reduced these numbers to offset funding. heard testimony from LTG Mark in his letter, General Conway writes: This amendment would restore $482.9 in Shackelford, Military Deputy Officer Procurement of less than the optimum funding that was stripped from the U.S. Ma- to the Secretary of the Air Force for ramp up of 28 H–1s in fiscal year 2010 will rine Corps UH–1Y program, which is an ac- Acquisition. He is in charge of acquisi- lead to continued reliance on aging heli- tion that ROA supports. tion. I asked General Shackelford copters that should have been retired from Thank you for your efforts on this key whether development of a second en- issue, and other support to the military that the inventory years ago. As we focus on oper- gine would disrupt the Joint Strike ations in Afghanistan, sustaining the intro- you have shown in the past. Please feel free duction of the H–1 is vital for our future suc- to have your staff call ROA’s legislative di- Fighter Program. His explanation is cess. rector, Marshall Hanson, with any question detailed but important to hear. It has a He continues: or issue you would like to discuss. very strong message: Sincerely, Because of the severe operational limita- The fiscal year 2010 production quantity DAVID R. BOCKEL, tions of the Corps’ legacy helicopters, the for the joint strike fighter is 30 aircraft, split MAJOR GENERAL, USAR (RETIRED), Marines are transitioning toward the signifi- between three variants. cantly improved capabilities of the UH–1Y. Acting Executive Director. That means with three different serv- General Conway points out that the Mr. LIEBERMAN. Madam President, ices. Corps has already sent three UH–1Y to let me talk now about what this If forced to pay for the alternate engine, Afghanistan and will deploy its full amendment would do. It would essen- we would have to reduce that to two to four, squadron of them this November. This tially remove the funding for the sec- depending on which of the variants. That has a negative effect on the unit cost of the re- is a plane the Marines desperately need ond engine, but it does it in a way that I think is thoughtful. It requires that maining aircraft if you are buying fewer. It in combat today. also ripples into next year’s quantities, and I also want to read from a letter I re- there be no obligation of any funds on then as we take that 2010 increment of dol- ceived from Major General Bockel, re- the development of a second engine for lars and extend that out through the future tired, Army Reserve, now acting direc- the Joint Strike Fighter unless and year defense program— tor of the Reserve Officers Association. until the Secretary of Defense certifies Which is the 5-year so-called fit up General Bockel says in his letter to to Congress that the development and that the Pentagon does planning on— me: procurement of such an engine will re- there are equal decrements in terms of the The Reserve Officers Association, rep- duce the total life-cycle costs of the numbers of aircraft that we can buy with the resenting 65,000 Reserve Component mem- program, improve the operational read- remaining dollars.

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He re- Strike Fighter program management re- serves) ing to respect the time of the various sponded: On page 39, strike lines 4 through 17, and Members who planned their schedules Over the 5-year period, it would be 53. insert the following: and planned to speak here. I thank I cannot emphasize that enough—53 SEC. 211. CONTINUED DEVELOPMENT OF COM- Senator LIEBERMAN for all that. We do, fewer aircraft that we otherwise would PETITIVE PROPULSION SYSTEM FOR however, have a difference of opinion have purchased for the Air Force, THE JOINT STRIKE FIGHTER PRO- on this important issue. Navy, and Marine Corps that are des- GRAM. This amendment will restore funding (a) IN GENERAL.—Of the amounts author- perately in need of them over the next ized to be appropriated or otherwise made for Marine Corps helicopters and the 5 years; 53 fewer planes because we are available for fiscal year 2010 for research, de- Joint Strike Fighter management serv- going to spend that money buying a velopment, test, and evaluation for the F–35 ice reserves. Let me repeat for my col- second engine we do not need. That Lightning II aircraft program, not more than leagues who are concerned about fund- really would be a major disruption to 90 percent may be obligated until the Sec- ing for the Marine Corps helicopters or the Joint Strike Fighter Program. But retary of Defense submits to the congres- the number of Joint Strike Fighters it is avoidable, and it is avoidable by sional defense committees a written certifi- which will be purchased, my amend- adopting the amendment Senator cation that sufficient funds have been obli- ment deals with those concerns. So gated for fiscal year 2010 for the continued MCCAIN and I, Senator SCHUMER, Sen- development of a competitive propulsion sys- many of the very appropriate com- ator DODD, Senator KYL, Senator tem for the F–35 Lightning II aircraft to en- ments Senator LIEBERMAN was making HUTCHISON, Senator COLLINS, and Sen- sure that system development and dem- about the Marine Corps, about the heli- ator SNOWE—a very broad bipartisan onstration continues under the program dur- copters, about the testimony of the group—have offered. ing fiscal year 2010. services in favor of those helicopters, I close this opening statement in sup- (b) ADDITIONAL AMOUNT FOR UH–1Y/AH–1Z those are no longer relevant. Under my port of our amendment and in opposi- ROTARY WING AIRCRAFT.—The amount au- amendment, the helicopters are pro- tion to the amendment my friend from thorized to be appropriated by section 102(a)(1) for aircraft procurement for the vided for, so many of his comments Indiana will offer with this quote from about the need for Joint Strike Fight- President Obama when he sent the de- Navy is hereby increased by $282,900,000, with ers and the number of tails, the num- fense budget to us on May 15. Here is the amount of the increase to be allocated to amounts available for the procurement of ber of planes, those comments are no the quote from the President: UH–1Y/AH–1Z rotary wing aircraft. longer relevant. We have full funding We’re going to save money by eliminating (c) RESTORATION OF MANAGEMENT RE- for the number of Joint Strike Fight- unnecessary defense programs that do noth- SERVES FOR F–35 JOINT STRIKE FIGHTER PRO- ing to keep us safe but rather prevent us ers. GRAM.— I know this debate has proceeded rap- from spending money on what does keep us (1) NAVY JOINT STRIKE FIGHTER.—The safe. One example is a $465 million program amount authorized to be appropriated by idly, it has changed rapidly, but all of to build an alternate engine for the joint section 201(a)(2) for research, development, that commentary about helicopters strike fighter. The Defense Department is al- test, and evaluation for the Navy is hereby and the number of Joint Strike Fight- ready pleased with the engine it has. The en- increased by $78,000,000, with the amount of ers has been taken care of by my gine it has works. The Pentagon does not the increase to be allocated to amounts amendment and is no longer relevant want and does not plan to use the alternate available for the Joint Strike Fighter pro- to the consideration of the underlying version. gram (PE # 0604800N) for management re- President Obama concludes: issue, which is the importance of com- serves. petition and how best to go about sav- That is why the Pentagon stopped request- (2) AIR FORCE JOINT STRIKE FIGHTER.—The ing this funding 2 years ago. amount authorized to be appropriated by ing money and procuring engines for That is why I respectfully ask my section 201(a)(3) for research, development, this vitally important program. I should also say that a number of colleagues, in the interest of the tax- test, and evaluation for the Air Force is statements were read about the Presi- payers, in the interest of the Joint hereby increased by $78,000,000, with the amount of the increase to be allocated to dent and his points of view. I think it Strike Fighter Program, to protect amounts available for the Joint Strike is important for my colleagues who funding for the Marines, for the Hueys, Fighter program (PE # 0604800F) for manage- the special operations forces of the Air care about the comments from the ment reserves. President’s staff about a recommenda- Force, for the C–130s, to protect the (d) OFFSET.—The amount authorized to be Navy, Air Force, and Marines, who are appropriated by section 103(1) for aircraft tion of a veto to point out that in those waiting for the Joint Strike Fighter. I procurement for the Air Force is hereby de- comments, they were speaking directly ask you to vote against the amend- creased by $438,900,000, with the amount of to the number of planes, which has now ment offered by my friend from Indiana the decrease to be derived from amounts been taken care of. That has now been and for the amendment I have the available for airlift aircraft for the HC/MC– addressed. They were not referring to 130 recapitalization program. honor to offer. the underlying opinion of the GAO and I thank the Chair, and I yield the Mr. BAYH. Madam President, I wish the whole fiscal aspect of this, which is floor. to begin by thanking my colleague a legitimate debate, but those com- The ACTING PRESIDENT pro tem- from Connecticut and my friend, JOE ments and concerns were not raised as pore. The Senator from Indiana. LIEBERMAN. We have worked together legitimate grounds for a veto threat by AMENDMENT NO. 1767 on so many issues and so well that I the President of the United States. So Mr. BAYH. Madam President, I ask find this to be an odd set of cir- that has been taken care of as well. unanimous consent to call up my cumstances today where we have a dif- What is on the table is preserving amendment No. 1767. ference of opinion on this issue. But competition in the Joint Strike Fight- The ACTING PRESIDENT pro tem- even here, we have worked collegially er Engine Program. My friend and col- pore. The clerk will report. to call up our respective amendments league’s amendment No. 1627 strikes The assistant bill clerk read as fol- in a timely manner. funding for this commonsense program. lows: I regret the order of offering the I wish to set the record straight by pre- The Senator from Indiana [Mr. BAYH] pro- amendments was changed because I serving this competition. poses an amendment numbered 1767. know the Senator had speakers on his The Joint strike Fighter is a massive Mr. BAYH. Madam President, I ask approach to this issue, as I had. I wish acquisition program. By 2030, this unanimous consent that the reading of their voices could be heard. I am grate- fighter will make up the vast majority the amendment be dispensed with. ful Senator LEVIN will be speaking of our tactical air fleet. Investing now The ACTING PRESIDENT pro tem- shortly in support of my approach. I to ensure competition over the life of pore. Without objection, it is so or- think the fact he is chairman of the the JSF is good government and sound dered. Armed Services Committee lends some management practice. Understanding

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I have consistently opposed The long history in the Department quisition strategy, considered controversial bills that spend too much, including of Defense is that when you award sole- at the time, that ultimately delivered the omnibus spending bill and the re- sourced, noncompetitive contracts to a stronger and more cost-effective fighter air- cent budget. I have supported amend- single provider, costs go up, responsive- craft to the nation. That issue began a dec- ade earlier, when the decision to sole-source ments to strike wasteful spending. ness goes down, the taxpayers suffer. That is what my amendment will the F–15’s F100 engine resulted in rushed de- I understand the importance of re- velopment to meet program timelines, inad- straint, and I would not be here today avoid. equate responses to program shortfalls, and if I did not truly believe this competi- Further, in light of the increased in- mounting frustration over our inability to tive engine strategy will save the tax- vestment Secretary Gates and the ad- address these discrepancies without addi- payers money. ministration have chosen to make in tional resources. Ultimately, the Air Force, I am not alone in this view. In 1996, the GSF program, limiting the Depart- the Navy and Congress agreed that the short- Congress initiated the F–136 competi- ment of Defense to a single source has term and long-term benefits of industrial tive engine program because we knew implications for our readiness and stra- competition would meet these challenges and deliver results. then, as we still know now, competi- tegic posture. If we have problems with That experience is as relevant today as it tion results in lower cost, improved the primary engine, we will have no al- was then, because we face a similar chal- performance, increased reliability, and ternative. There will be no second sup- lenge. The Joint Strike Fighter is one of the greater contractor responsiveness. plier with any ability to produce a largest military aircraft programs in his- Since then, Congress has maintained comparable engine. Production delays tory, with $100 billion allocated for engines unwavering support for this program or engine failures could prove cata- alone. In light of recent defense acquisition for 13 consecutive years. strophic for an already thin tactical air challenges and the growing ‘‘fighter gap’’ in I want to be clear that there was our air forces, these decisions could not be fleet. more important, or their results more far- never a competition for the GSF engine Anybody who thinks that a large reaching. development. I heard the word ‘‘com- contract to a single vendor without Critics emphasize the short-term cost sav- petition’’ used repeatedly by my friend competition—again I reiterate, as the ings of the sole-source procurement strategy and colleague. I hold in my hand copies contracts specifically indicate, they and cite reports showing different timelines of the contracts, the contracts for the were not competitively bid—anyone to re-coup program costs. But dramatic long- engine that has just been alleged to who thinks that is a good way for the term opportunity costs are missing from this debate, and are conspicuous in their absence. have been let competitively. The first government to do business should sup- That is what the GAO was referring contract was on January 23, 1997, to port the Lieberman amendment. Pratt & Whitney, in the sum of $804 Some may very well argue that my to in the study I cited before. million. It sets in bold print ‘‘this con- amendment constitutes business as Competition for the Joint Strike Fighter tract was not competitively procured.’’ engine has compelling advantages and avoids usual or is, in fact, wasteful, but many past pitfalls. Dual-sourcing will build vital Let me repeat that in plain English. of these individuals have, in fact, sup- This contract for the engine program operational redundancy into the fleet, avoid- ported this approach as good public ing a single point of failure for the engine about which it was just stated repeat- policy in the past. They were right malfunctions and spare parts shortages expe- edly that there was a competition, was, then. I am right today. rienced in the past with other fleet-wide in fact, not competitively let. It is in We need to keep the primary contrac- groundings. Competition delivers an inher- plain English. A Federal Government tors honest and the only way to do that ent incentive for manufacturers to absorb document refutes that contention. is through competition. There was no and contain cost growth, even as it encour- The second contract, dated October ages responsiveness by contractors, contin- competition in the award of these con- uous product improvement, and innovation. 26, 2001, once again to Pratt & Whitney, tracts. We now maintain that competi- in the sum of $4,830,000—this contract All of these factors are less evident in sole- tion through the adoption of this source contracts. was not competitively procured. There amendment. The alternate engine program appro- was no competition for the engine pro- There were several other Senators priately diversifies capability and capacity gram. It is a matter of public record in who were intending to speak on behalf across the U.S. industrial base and ensures plain black and white. If you care that sustained production, maintenance, and of this amendment. Because of the about competition, you will support availability of critical components are not change in schedule, they may not be my approach to dealing with this issue. concentrated in a single provider. In addi- This is an engine program whose able to be with us. We will have to wait tion, the F136 alternate engine program con- total cost will top $100 billion. There is and see about that, but again I thank siders the sustained participation of key international partners and stakeholders, es- simply no justification for awarding a Senator MCCAIN for his courtesy in at- tempting to ensure that they could pecially the United Kingdom, and Australia, sole-source noncompetitive contract in Canada, Denmark, Italy, the Netherlands, this area. The General Accounting Of- speak. I know there were some in oppo- sition to my approach who wanted to Norway, and Turkey as well. Their commit- fice has consistently supported funding ment is important to the future of the Joint a second engine as a fiscally respon- speak as well. Senator KENNEDY co- Strike Fighter program and our basic secu- sible approach that would yield long- sponsors my amendment and is fully rity relationships. term cost savings for taxpayers. supportive. Because of health care con- For these reasons, I strongly support the On May 20 of this year, the GAO re- cerns he could not be here today. I do addition of $438 million in the FY 2010 Na- tional Defense Authorization Act to sustain affirmed this view when discussing the wish to share with our colleagues and for the record a statement he issued on the F136 alternate Joint Strike Fighter en- cost to complete the second engine and gine program. stated: June 24, as a part of the Armed Serv- Those are the words of Senator KEN- A competitive strategy has the potential ices Committee markup on this issue, in support of my approach. NEDY. for savings equal to or exceeding the amount In conclusion and by way of sum- across the life cycle of the engine. Prior ex- Senator KENNEDY, a longstanding mary, the Marine Corps helicopter perience indicates it is reasonable to assume member of the Armed Services Com- issue has been taken care of. That is no that competition on the GSF engine program mittee: could yield savings of at least as much. As a longer an issue. We fully provide for For the fourth year in a row, the Depart- result, we remain confident the competitive that. ment of Defense continues to ignore the will pressures could yield enough savings to off- Allegations about the number of pro- of the Congress on the production of an al- set the costs for competition over the GFS ternate Joint Strike Fighter engine in order curements for the Joint Strike Fight- program’s life. to reduce risk to our forces, protect against ers has been taken care of. That is no GAO went on to elaborate on the any cost overruns, preserve the U.S. indus- longer an issue. nonfinancial benefits of procuring a trial base and support our international Statements by the President’s staff second amendment: partners. with regard to a possible Presidential

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In connection with that, each In my view, the possibility of a given to Pratt & Whitney on the dates of those airframe manufacturers solic- fleetwide grounding due to a single en- in these legal documents, say very ited engine proposals from Pratt & gine—that is another argument that is clearly, and I quote once again: ‘‘This Whitney and General Electric. Pratt & made by proponents of a second en- contract was not competitively pro- Whitney won the competition as to gine—is overstated. In fact, the only cured.’’ Lockheed Martin and Boeing, and Gen- other U.S. military aircraft with an al- That is a matter of public record. eral Electric won separately as to ternative engine is the F–16. All other This debate is about competition, the McDonnell Douglas. Lockheed Martin aircraft have single-engine sources and benefits of competition. I support and Boeing were selected to proceed to have worked well. them. That is why I urge my colleagues concept demonstration—where Lock- There is no doubt the cost growth of to support our amendment. heed Martin ultimately won in 2001. the engine has been a huge problem. I yield the floor. That is exactly how most military From fiscal year 2007 to 2008, the en- The ACTING PRESIDENT pro tem- aircraft engines are selected—as a gine costs have grown specifically to pore. Who yields time? The Senator team, combining an airframe with a meet the needs of the Marine Corps for from Arizona is recognized. powerplant. That makes sense, I might a version capable of short takeoff and vertical landing. But I suggest the Mr. MCCAIN. Madam President, I rise say. Obviously, we do not want them in support of the amendment which has being developed separately. So with re- challenge there is to ensure that devel- been described by the proponent and gard to a second engine, we are not opment costs leading to production re- opponent. Obviously, it would strip talking about competition, we are ac- main stable, not to introduce a new en- gine to the program that will most as- from the Defense authorization bill a tually talking about another bite at suredly add more uncertain testing re- provision that authorizes funding for the apple. quirements, complexity, and ulti- an alternate engine for the F–35 Joint I hope the great engine war is over. I know of no data or analysis that sup- mately cost to the program. Strike Fighter. So I believe the provision currently ports that taxpayers will see any net Underscoring Senator LIEBERMAN’s in the bill would be seriously disrup- savings from subjecting the engine for point and as was the case with the pro- tive because one of the offsets it uses vision this body addressed in the F–22 the JSF to any further competition. I do not believe there is anybody who to fund developing and buying a second program, funding for an alternate en- engine derives from research, develop- believes more in competition than the gine for the JSF at this time is some- ment, and testing and evaluation ef- Senator from Connecticut and me, in- thing the Department of Defense has forts supporting the program itself. not asked for and does not want. It is cluding the chairman. We need to have Also, it is my understanding the off- not reflected in either the President’s competition. But there comes a point set is of the C–130, which obviously is budget request or any of the Services’ where you have to make a decision in very much required in our operations unfunded priorities list. the development of both the aircraft in Iraq and Afghanistan. Remember, I believe there is good reason why and the engine and move forward. At Secretary Gates restructured the Joint neither the Department nor any of the some point you have to abandon the al- Strike Fighter Program this year pre- services at this time want an alternate ternate engine or, in some cases, there cisely to provide for more robust devel- engine for the JSF. That reason is per- have been advocates of an alternate opmental testing over the next 5 years haps best expressed in a letter that aircraft itself, to perform the same to ensure that the program stays on its Senator LIEBERMAN has already quoted mission, as in the case of the tanker, planned budget. Taking money out of from and had printed in the RECORD, and to move forward in order to pro- the program’s research, development, from Secretary Gates. He concludes by ceed in a fashion which is in the best and testing and evaluation effort will, saying: interests of the taxpayers and the de- in my view, most assuredly disrupt the It is my belief that the Joint Strike Fight- fense of the country. program. er Program presented in the President’s That is why the Secretary of Defense One of the lessons of history on this budget request is in the best interests of na- feels so strongly on this issue that he program is its stability in funding is tional security. If a final bill is presented to says the President’s senior advisers absolutely vital to executing that pro- the President concerning provisions that will recommend that the President gram soundly, the instability in fund- would seriously disrupt the F–35 program, veto the bill if the Lieberman amend- ing—the disruption that the provision the President’s senior advisers will rec- ment is not adopted. ommend that the President veto the bill. introduces into the bill—brings the bill The fact is also funding an alternate within the scope of a veto threat. Before I go much further, I would engine over the next 6 years has been For these reasons, I urge my col- like to apologize to all Members who estimated to cost the program about $5 leagues to support the amendment had planned to speak on this very im- billion, the equivalent of 50 to 80 air- under consideration and prohibit any portant amendment and had arranged craft, according to the program man- additional funding for an alternate en- their schedules to do so. We have obvi- ager. gine program for the Joint Strike ously changed the timing, despite the Also, given that continuing develop- Fighter. unanimous consent agreement to the ment of a second engine would require Let me also point out to my col- contrary, apparently to accommodate in excess of $600 million in fiscal year leagues, I think this Secretary of De- one Senator’s schedule. 2010 alone, according to the Military fense has decided, in an incredible act I hope, because this is a very impor- Deputy to the Assistant Secretary of of courage, to take on certain institu- tant issue, that Senators both in sup- the Air Force for Acquisitions, GEN tions and the way we do business. I port of Senator BAYH’s position and in Mark Shackelford. Paying for the en- think this Secretary of Defense has de- support of this amendment would seize gines in just that year would require cided to take on—and I know he has— the opportunity to come down and ad- cutting production of at least two the military-industrial-congressional dress this issue. Joint Strike Fighters this year alone. complex which lards on porkbarrel Some have cited the benefits of com- There may be some nonfinancial ben- projects and unnecessary spending petition as a reason to pursue a second efits to subjecting the engine program which, in many respects, places paro- engine for the Joint Strike Fighter, for the Joint Strike Fighter to addi- chial interests over the national inter- but a competition for this engine was tional competition—improved con- ests. Obviously, he feels so strongly already conducted. It was already con- tractor performance at the margins, about it that he would recommend a ducted as a part of the original flyoff for example. veto by the President of the United competition for the Joint Strike Fight- Like Senator LIEBERMAN, I am not States. That would be regrettable, ob- er itself. The current airframe manu- persuaded those benefits are worth an viously, because we have so many im- facturer and engine team won. additional cost of $5 billion to the portant provisions in this bill for the

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7955 men and women who are serving this Senator MCCAIN has enormous credi- that money for those helicopters, and country, from the wounded warriors, to bility in two areas that have come to- at the same time, those of us who are a pay raise, for so many things—to the gether in this amendment. The first is concerned about competition would amendment of Senator LIEBERMAN’s his support of the men and women of like to see the money included so we that we adopted yesterday that we our military. The second is his opposi- can continue competition for the Joint would provide an additional 30,000 tion to wasteful spending of taxpayer Strike Fighter. members of the U.S. Army so we can dollars. And the two come together As most of you know, I am a former better pursue the conflict in Iraq and here. Governor and mayor who has been an Afghanistan. Of course, as he has argued so com- ardent champion of fiscal responsi- So, obviously, as of yesterday, the pellingly, there are a lot of times when bility and total quality management in Secretary of Defense feels so strongly the wasteful spending of taxpayer dol- government. I am not a Johnnie-come- on this issue that he would recommend lars for military acquisitions is not lately to this whole business of effi- that the President veto the entire bill. only harmful in itself because it is ciency in terms of our defense budget. Does that mean it would kill a bill? No. wasteful, but it takes money away Since 1990, the Department of De- But it does mean there would be a sig- from things we need more. fense acquisition management has been nificant period of delay in passing this That is the case here. The money under GAO’s high risk list, and that is legislation and therefore delay the that will be spent, $5, $6, $8 billion over why, in my capacity as chair and now ability of the Pentagon and the mili- the next 6 years by various estimates, ranking member of the Subcommittee tary to implement some of the very im- will result in 50 to 80 fewer Joint on Oversight and Government Manage- portant provisions of this legislation. Strike Fighters produced in that time. ment, I strongly supported reforms at So I would urge my colleagues to ex- The Navy, Air Force, and Marines are the Defense Department that address amine this issue carefully, as I am sure waiting with anxiety for these tactical contracting weaknesses and promote they do all of the issues before this fighters. good business practices to support our body. Also I would hope they would In addition to that, the folks who men and women in uniform. take into consideration the views of want to fund this second engine have I want everyone to understand, this our distinguished Secretary of Defense. to find the money somewhere. They is not the F–22. This is about competi- I do not agree on every issue with the find it not only by delays in the Joint tion, fiscal responsibility, and good Secretary of Defense, and neither does Strike Fighter Program, but by either, government management. When I came IEBERMAN. But my colleague, Senator L as the amendments today give the al- to the Senate, I remember Dwight D. I think he is on the right track. I think ternative—the first one was to take it Eisenhower talked about the military- he can bring about change, at least on from the Marine Corps for helicopters industrial complex. I must say, since I how we acquire weapons and how we that are needed in Afghanistan. have been a Senator, he had it wrong. spend money, and end these atrocious, The one that Senator BAYH has be- It is the military-industrial-congres- outrageous cost overruns we have expe- fore us will take the money from the sional complex. rienced in literally every single weapon Air Force special operations commu- If you watch how things are done on system in recent years, which have nity for C–130s that they need for Iraq, the floor of the Senate, a lot of it has cost the taxpayers incredible amounts Afghanistan, and throughout the got to do with protecting the business of money, and end this earmarking and world. It is not worth it. in our States, even though in some in- porkbarrel process that I will talk I thank Senator MCCAIN for his stances it is not in the best interests of more on today. our country. I am proud to say, in spite Every day just about we pick up a strong statement and for his cospon- of the fact that in my State we lost paper and hear about, or go on line and sorship. hear about, some organization that got I yield the floor. about 500 jobs, I voted to eliminate the an earmark and their waste, mis- The ACTING PRESIDENT pro tem- F–22. That is what we should see more of management, and in some cases crimi- pore. Who yields time? Mr. VOINOVICH. Who is managing here. But too often, when we make our nal behavior as far as use of the tax- payers’ dollars are concerned. We have this side of the debate? decisions, it has got more to do with The ACTING PRESIDENT pro tem- to do the big things and the small the corporations in our respective pore. Senator BAYH and Senator things. This is a big thing. States and the jobs than it has to do I respect, enormously, the Senator LIEBERMAN. with what is in the best interests of the from Indiana. There has been no more Mr. VOINOVICH. I ask unanimous country or what is fiscally responsible. valuable member of the Armed Serv- consent that I take some of the time of I think all of us should be concerned AYH ices Committee than Senator BAYH. I Senator B , who is supposed to be about it. I am going to leave here at respect his views. I understand where managing. the end of next year. But it seems to he is coming from in the name and The ACTING PRESIDENT pro tem- me if we do not start paying more at- sake of competition. pore. Without objection, it is so or- tention to that, we are going to con- Senator LIEBERMAN’s and my argu- dered. tinue to be in trouble. ment is that the time for competition Mr. VOINOVICH. Madam President, I In testimony before the House Armed is over, and it is time to move forward rise today to speak in support of the Services Committee this past May, the with a tested engine that will, one, ac- competitive sourcing for the Joint Government Accountability Office celerate the development and oper- Strike Fighter engines. Senator BAYH’s stated that competition, competition ational entrance by the F–22, and also compromise amendment continues our for the Joint Strike Fighter engine will save some $5 billion of the taxpayers’ support for competition for the Joint yield long-term cost savings for tax- money. Strike Fighter engines and restores the payers. So I hope my colleagues will examine funding for the Marine Corps heli- Does that mean it is not going to this issue very carefully and support copters that I know a number of my cost a little more at the front end be- the Lieberman amendment. colleagues are concerned about. cause we are going to have more than I yield the floor. From my understanding of what hap- one company competing for that en- The ACTING PRESIDENT pro tem- pened is that in the Armed Services gine? Of course it is going to cost a lit- pore. The Senator from Connecticut is Committee, Senator BAYH was con- tle bit more. But that testimony GAO recognized. cerned that the committee did not gave cited an example of engine com- Mr. LIEBERMAN. I wanted to speak have money in the budget for competi- petition for the F–16. OK? We had com- very briefly because I note the presence tion for the Joint Strike Fighter. As a petition for the F–16. Let’s remember on the floor of the Senator from Ohio. result of that, he moved to amend and that this Joint Strike Fighter is going I want to speak simply to thank Sen- took money away from the helicopters to be the fighter for all of the Federal ator MCCAIN for his very strong and that Senator LIEBERMAN is so con- agencies. It is going to be with us for thoughtful statement. I am honored cerned about. the next 25 or 30 years. that he is the cosponsor of the amend- Today we are here because the Sen- That testimony for the F–16 said: It ment. ator from Connecticut wants to restore reduced engine costs for the F–16 by

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Air and Land Forces, Committee on Strike Fighter engine. I yield the floor. Armed Services, House of Representa- We have an opportunity. I can under- The ACTING PRESIDENT pro tem- tives. This is quite a report. For those stand the Senator from Connecticut pore. The Senator from Rhode Island. who are really interested in the sub- was upset because we took money out Mr. REED. Madam President, I rise ject, I ask them to read this or have of the helicopters to maintain the com- in support of the Lieberman-McCain amendment. I commend both of them their staff look at it. It is entitled petition. What Senator BAYH is trying for their efforts in this regard. This ‘‘Joint Strike Fighter Strong Risk to do is come up with an amendment represents part of what I believe Sec- Management Essential as Program En- that will restore the money so we can retary Gates is trying to do, which is ters Most Challenging Phase.’’ buy the helicopters and, at the same to focus on immediate consequential It is interesting the way the com- time, maintain competition on the threats and necessary equipment while pany that was originally chosen to do Joint Strike Fighter. we continue to maintain deterrents for this has had cost overruns even in the I urge my colleagues to study this issue. Please, if they have a chance, the future. beginning—and the two companies that This second engine has not been fully they or their staffs ought to look at were competing with them have been validated by the Secretary of Defense. this report by the GAO. It substan- on budget and on time for the RECORD. This amendment requires such valida- tiates the reasons why we are so ardent By the way, it is right here in this GAO tion. In addition, one of the aspects of in terms of our support for competition report. All you have to do is read the the underlying legislation is that the report. It is there. for the Joint Strike Fighter. alternate engine for the Joint Strike I yield the floor. Let me read what the report says: Fighter would be paid for in part by The ACTING PRESIDENT pro tem- A competitive strategy has the potential taking away funds to purchase addi- for savings equal to or exceeding that pore. The Senator from Connecticut. Mr. LIEBERMAN. Madam President, tional UH–1Y helicopters for the Ma- amount across the life cycle of the engine. rine Corps. This request was in the Prior experience indicates that it is reason- I yield myself such time as I need from President’s budget. These helicopters able to assume that competition on the the time allotted. Joint Strike Fighter engine program could Let me respond to a few points made are absolutely critical to ongoing oper- yield savings. . . . As a result, we remain in this debate. ations in Afghanistan and throughout confident that competitive pressures could First, as was clear, the original place the world. The wear and tear on equip- yield enough savings to offset the [upfront] that proponents of this second engine, ment, particularly in Afghanistan and costs of [development] over the JSF pro- which I believe is an unnecessary en- Iraq, has been considerable. If we don’t gram’s life. upgrade or repair these pieces of equip- Let me repeat that: gine or unnecessary expenditure of tax- payer money, the place from which ment on a regular basis, we will not As a result, we remain confident that com- have the lift to combat our opponents petitive pressures could yield enough savings they would take the money originally for the Huey helicopters for the ma- across the globe. to offset the [upfront] costs of [development] By comparison, right now in Great rines, I think there was a lot of upset over the [Joint Strike Fighter] program’s Britain there is an argument about the life. Most of us understand competition. about that. So the choice that Senator sufficiency of helicopters their forces BAYH has put before us today would cut We have laws against antitrust, try- have. We don’t want to get into such an the HC–130 and MC–130 aircraft which ing to make sure that one company argument down the road. We want to would seriously impact both the Air doesn’t get an advantage over another. make sure our forces in the field have Force’s air combat command and the I think most of my colleagues under- the equipment they need to carry the special operations command. This is a stand competition brings out the best fight to our opponents. late-breaking development this morn- and the lowest price. I think this amendment is extremely ing, the change of source of the fund- The GAO testimony goes on to ad- well crafted. It puts the money where ing, but we asked for a response from dress the impact competition has on it should be to help our tactical airlift, the office of the Secretary of Defense quality of product and incentives to marines particularly, helicopter airlift. and it was this, that this ‘‘take’’ from perform: It requires the Secretary to justify and these two variants of the C–130s that Our prior work, along with studies by the validate that a second engine would re- the Air Force special operations com- [Department of Defense] and others, indicate duce the whole life cycle cost and im- mand is using in Afghanistan, Iraq, and there are a number of nonfinancial benefits prove the operational readiness of the that may result from competition, including elsewhere, wherever they are needed in F–35. We should go forward with heli- better performance, increased reliability, the world, the Secretary of Defense copters and let the Secretary make a and improved contractor responsiveness. says this would slow down the rate at judgment about the efficacy of the sec- I heard the Senator from Arizona which the aircraft would be delivered. ond engine. speak eloquently about all of the over- The argument Senator BAYH made is I thank the Senator for yielding to runs and expenses and everything else that in the supplemental we adopted me. about it. If he were here, I would say to earlier, three additional MC–130s and The ACTING PRESIDENT pro tem- him: Hey, what we want to do is have four HC–130s were included, seven pore. The Senator from Connecticut. some competition on this engine so we planes. But the Air Force says to us Mr. LIEBERMAN. Madam President, get the best price, the best quality, the this morning: Based on the JROC vali- I thank my friend from Rhode Island, most responsiveness. dation requirements—that is the joint Senator REED, for taking the time to We don’t need the GAO to confirm operating committee that determines come over to the Chamber. I know the common sense. We all know that com- acquisition—the Air Force has vali- schedule changed. We had to adjust petition leads to lower cost, improved dated requirements for 37 MC–130s and things. His presence and the strength performance, increased reliability, and 78 HC–130s. of his statement—he is a senior mem- helps to keep our contractors honest. The Air Force, including the Air ber of the Armed Services Committee— Without a competitive engine, over 90 Force special operations command and and his support mean a lot to this percent of our fighter aircraft will be air combat command, is grateful for cause. powered by one engine by 2030. Think the seven the supplemental gave them, The ACTING PRESIDENT pro tem- about that. One company will have but they need many more. They need pore. Who yields time? that contract. Giving an extraor- 115 total, and so far we have given The Senator from Michigan. dinarily large contract to a single ven- them 7. Removing the nine planes that Mr. LEVIN. I yield myself 10 minutes dor without competition is reckless were in the President’s budget for the of the time of Senator BAYH.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7957 The ACTING PRESIDENT pro tem- that are ultimately purchased, and the exact proved came from a Marine helicopter pore. The Senator from Michigan is ratio of engines awarded to each contract. In program, a part of which could not be recognized for 10 minutes. addition, DOD-commissioned reports and produced this year. So the committee other officials have said that non financial Mr. LEVIN. Madam President, I op- benefits in terms of better engine perform- determined that it could safely take pose the Lieberman amendment that ance and reliability, improved industrial funds that were requested for that pro- would eliminate funding for the Joint base stability, and more responsive contrac- gram, which could not be spent this Strike Fighter alternate engine. The tors are more likely outcomes under a com- year. A question has been raised about committee voted 12 to 10 to keep this petitive environment than under a sole- that. There is no one on this com- competition going. I emphasize, this is source strategy. [Department of Defense] ex- mittee, there is no one in this Senate, not a new engine that is being intro- perience with other aircraft engine pro- who wants to slow down a Marine heli- duced. This effort is to have a competi- grams, including that for the F–16 fighter, copter program. None of us will permit has shown competitive pressures can gen- tive engine. This effort has been sup- erate financial benefits of up to 20 percent that to happen. That program is a vital ported by Congress for many years. In- during the life cycle of an engine program program. We have spent a lot of money deed, our Armed Services Committee and/or the other benefits mentioned. The po- on it. It is critically necessary. had a vote on this 2 years ago where we tential for cost savings and performance im- The decision, which was made by the determined to maintain the competi- provements, along with the impact the en- Armed Services Committee, was to tion. This year’s vote was 12 to 10. gine program could have on the industrial simply take funds which could not be A fundamental tenet for reforming base, underscores the importance and long- spent for that program, because of de- term implications of [Department of De- the Defense Department’s acquisition fense] decision making with regard to the velopment delays, and to spend that, system is ensuring competition final acquisition strategy. instead, for the second engine. How- throughout the development and pro- A few months ago, before the Armed ever, what the Bayh amendment does duction cycle of major acquisition sys- Services Committee, in May of 2009, is to make triply sure, to reassure ev- tems, whenever and wherever that that same Mr. Sullivan of the GAO said erybody there cannot possibly be any makes sense. In the case of the Joint that his study of 2007 is still relevant impact on a Marine helicopter pro- Strike Fighter Program, Congress has and the same conclusions can be gram, by finding a separate, a dif- concluded repeatedly that competition drawn. ferent, a distinct source, an alternate makes sense because of the size of this This is not a new engine which is source, for this second engine. buy. being introduced. This is an engine de- So the Bayh amendment removes any The JSF program is planned to be velopment program to provide com- question about Marine helicopters. If one of the largest acquisition programs petition which has been long underway. adopted, that will be off the table. It ever undertaken by the Defense De- The Department of Defense and Con- was off the table in any event. But ev- partment. The Defense Department in- gress have approved, authorized, and erybody wants to assure the Marines, tends to buy more than 2,400 JSF air- appropriated spending so far of $2.5 bil- assure our people that there is not craft, with our foreign partners slated lion for this alternate engine. The most going to be any impact on a Marine to buy at least another 600. That means important point I think I can make is helicopter program for any reason, we are talking about a program of this is not $4 billion or $5 billion or $6 much less a second engine. more than 3,000 aircraft. That means billion additional funds we are talking There is another question which more than 3,000 engines. The cost of about. In order to complete the devel- some have raised about whether two the engines alone will exceed $50 bil- opment of this competitive engine, it engines— lion over the life of the program. This will require $1.8 billion. So that $2.5 The ACTING PRESIDENT pro tem- is not an issue such as whether we add billion is already sunk into this engine pore. The Senator has consumed 10 F–22s. This is a matter of whether we development program. That is probably minutes. are going to have competition in a pro- two-thirds of its cost already sunk into Mr. LEVIN. I thank the Acting Presi- gram everybody supports and where we it. The question is, do we complete the dent pro tempore. intend to purchase about 3,000 planes. development of this alternative engine Madam President, how much time is A number of studies have been done at a cost of about $1.8 billion? That left for Senator BAYH? trying to estimate the economic costs would conclude the cost for the engine The ACTING PRESIDENT pro tem- and benefits of developing a second en- contractor and other government costs pore. Twenty-seven minutes. gine. The analysis of our Government for that program, for testing activities Mr. LEVIN. I would, in that case, Accountability Office, which Congress and for oversight. So again, the issue is conclude my statement. If there is ad- directed to review this, came out a few not whether to introduce a new engine. ditional time for Senator BAYH, I will years ago. Michael Sullivan, GAO Di- The question is, do we complete the de- then ask at a later point for some of rector of Acquisition and Sourcing velopment of a second engine which is that time. But for those reasons, and Management, testified as follows in already two-thirds paid for? more, which I have not yet been able to March 2006 before the House Armed We received a letter this morning—I reach, I very much support the Bayh Services Committee: received a letter this morning—from amendment. The current estimated remaining life cycle the Secretary of Defense, and the letter I yield the floor. cost for the JSF engine under the sole-source concludes that if the final bill pre- The ACTING PRESIDENT pro tem- scenario is $53.4 billion. To ensure competi- sented to the President contains provi- pore. Who yields time? tion by continuing the JSF alternate engine sions that would seriously disrupt the Mr. LIEBERMAN. Madam President, program, an additional investment of $3.6 F–35 program, the President’s senior I yield to the Senator from Georgia, billion to $4.5 billion may be required. advisers will recommend that the Mr. CHAMBLISS, such time as he re- This was back in 2007. It is a lot less President veto the bill. quires. than that now to complete this pro- If the final bill presented to the Mr. LEVIN. Madam President, if I gram. President contained provisions that could ask the Senator from Georgia, Continuing from the testimony: would seriously disrupt the F–35 pro- about how much time does he believe However, the associated competitive pres- gram, I would recommend to the Presi- he would be using? sures from this strategy could result in sav- dent that he veto the bill. There is no Mr. CHAMBLISS. No more than 10 ings equal to or exceeding that amount serious disruption to the F–35 program minutes. across the life cycle of the engine. The cost that would occur whether or not the Mr. LEVIN. Madam President, I ask analysis that we performed suggests that a Bayh amendment is adopted. The Bayh unanimous consent that after that 10- savings of 10.3 to 12.3 percent would recoup amendment makes triply sure there minute time is used Senator KERRY be that investment, and actual experience from will be no disruption at all, even a recognized for a period of up to 10 min- past engine competitions suggests that it is reasonable to assume that competition on minute disruption, in the F–35 pro- utes on Senator BAYH’s time. the JSF engine program could yield savings gram. It is not going to be disrupted at The ACTING PRESIDENT pro tem- of at least that much. These results are de- all. pore. Is there objection? pendent on how the government decides to The funding for this alternate engine Without objection, it is so ordered. run the competition, the number of aircraft in the bill which the committee ap- The Senator from Georgia.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7958 CONGRESSIONAL RECORD — SENATE July 23, 2009 Mr. CHAMBLISS. Madam President, this with respect to the engine that is you the entrance of additional C–130Js I thank the Senator from Connecticut powering the F–35 for years now, and it into theater because we think it is im- for yielding time on this critically im- is a success. So I reached a point in portant we have competition for a sec- portant issue. time last year when I decided we did ond engine on the F–35. As we have been here debating on the not need the additional competition This makes absolutely no sense from floor for the last 2 weeks now the re- from the standpoint of the second en- either a fiscal standpoint or a national spective issues relative to the prior- gine and, obviously, the committee security standpoint. The C–130J is a ities from a Defense authorization reached that same result this year. great airplane. We have nine of them in standpoint, we have done everything Now we are changing horses a little this authorization bill. This particular other than going from increasing pay bit more. Instead of using the dis- amendment takes six of those nine out for our military personnel to the ter- continuance of the helicopters, the Ma- of the bill and pays for the funding— mination of what I argued on the floor rine helicopters, we are taking money the remainder of the funding—on the last week and this week of the latest, from six C–130Js to fund the competi- second engine. That second engine is a most technologically advanced tive second engine for the F–35, and the great engine. It has performed magnifi- warfighting machine that has ever competition is going to be between the cently. But it is competing with an en- been produced by mankind. But the de- new engine we have tested and have gine that also is performing magnifi- cision was made to terminate the F–22. had in production now for several years cently. The F–22, not only from a technology against an engine we know to be suc- So to say we now ought to take a standpoint, was providing valuable test cessful. weapons system, such as the C–130J material for the follow-on fighter, but Well, the issue has gotten even more that our men and women depend on it also is powered by two engines, one sensitive to me because I know how every single day to fly them around engine of which is going to be on the F– critically important the C–130J is to within Afghanistan—because they need 35. And here we are now talking about our men and women who are in combat these airplanes to land, they need an the issue of whether we should con- today—not those who might be going airplane that can land on a short run- tinue with a competitive second engine into combat and might need this weap- way; and the C–130 has that capability for an airplane that now has an engine on system somewhere down the road. to fly our men and women around Iraq, that is being flown, has been flown, has Our men and women in theater today to fly our men and women who carry been tested by the Air Force on the F– depend every single day on the C–130J, out special operations and missions 22. It has successfully flown on the F– and on the C–130Hs, even, that are old and have the gunships—the guns that 22 for years now, and also has flown airplanes, that are in theater, that are are mounted on the C–130J to be trans- successfully in what limited testing flying our men and women. They are formed into a gunship—we are going to has been done on the F–35. looking to get the new C–130Js to help take away that capability and that We have put all of our eggs in the F– them transport themselves as well as need from our men and women to fund 35 basket now. As I said during the de- equipment from one part of the theater a second engine for an airplane that al- bate on the F–22, I am a big supporter to the other, from outside the theater ready has an engine on it, that is per- of the F–35. It is a great airplane. I into the theater. Our special operations forming well, that we know is success- know it is going to succeed. But we are men and women are looking to the C– ful, for which we know how much it at a point, with respect to the cost of 130J for the gunship operations they costs today. It is not like we are going all weapons systems, where we have to carry out. to see a reduction in price on the en- look more toward where we are going Here we are going to say to those gine of the F–35 because we complete to be in future years from a cost stand- men and women: Well, we think it is the testing and the procurement of an point and with regard to what we are more important to have competition alternative engine. That is not going to able to provide our men and women. for a second engine against an engine happen, and that is not the issue. The When you look at items that need to we know is successful than it is to pro- issue comes down to the point of are we be included in the mix from a competi- vide you with the latest, most techno- going to take, in this case, a weapon tion standpoint, there is nobody who logically advanced airlift capability we system away from our men and women supports competition more than I do. can give you. That makes no sense to fund a second engine to compete That is the reason I supported the sec- whatsoever to me from a national secu- with an engine that is already success- ond engine—up to a point in time. But rity standpoint. ful. when it came up again last year, it was All of us have been to Iraq and Af- I would say that, obviously, I felt pretty obvious we were at a point ghanistan at some point or another. I very strongly and was very emotional where the engine, manufactured by have been to Iraq eight times. I have about the discontinuance of the F–22 Pratt & Whitney—two of which fly on been to Afghanistan twice. When we go for all of the right reasons, but this is the F–22; only one of which is needed over there, we fly into either Kuwait or one of those issues that makes even for the F–35—is a good engine. It is Jordan or some neighboring country. less sense than the discontinuance of doing the job. It has passed the test. So Then we are transported from that the F–22. We need to make sure we I decided last year we needed to move country into Iraq or into Afghanistan. spend tax money wisely. We have had away from the spending of the money What have we flown on? I would say the competition on the F–35. It is time on the second engine, and let’s con- not 99 percent of the time but 100 per- we move down the road of building and centrate on providing, obviously, the cent of the time when we are trans- procuring as many of those as we can. two engines for the F–22, and the one ported into theater, we fly on C–130s. With the ramp-up this bill calls for, engine on the F–35. All of us have had the experience of under the direction of the chairman, We have something else thrown into seeing date plates on C–130s we are fly- we are going to be buying a lot of F–35s the mix. I did not support Senator ing on into theater, where rockets are in a short period of time. They have a BAYH’s amendment in committee, for being fired occasionally at those weap- great engine on them today. It works. what I still think are all of the right ons systems, and we have had some It is successful. That is where we need reasons from the standpoint of: Do we issues relative to that. But the date to concentrate. That is where we need need competition for an engine that is plates on those airplanes we fly on al- to spend our money. We don’t need to successful? For an engine we know is most consistently are in the 1960s or spend the money on the second engine, working? For an engine for which we 1970s. nor do we need to take six C–130 air- know what the cost is today? So today what we are asking our men planes out of this budget to pay for an Why do we need the second engine? and women to do is to fly C–130s that engine we are probably never going to Well, I know detractors have said—and are 40 years old, 30 years old, or what- buy. they have made the argument to me— ever it may be, that are not equipped So I would simply urge my colleagues that: Look, that engine may fail. with the latest, most technologically to vote in support of the Lieberman Something may happen to that engine. advanced weapons systems, and here amendment and to vote against the I agree for a point in time that could we are saying to those men and women Bayh second-degree amendment. have happened. But we have been at that we are going to take away from I yield the floor.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7959 The ACTING PRESIDENT pro tem- goods in this country. We do it through Mr. BROWN. Madam President, I pore. The Senator from Massachusetts competition. It is that kind of competi- wish to speak to thank Senator BAYH is recognized. tion that spurs innovation, and it for his work and Chairman LEVIN and Mr. KERRY. Madam President, I rise avoids cost overruns. Senator KENNEDY Senator KERRY in opposition to the to join my colleague, Senator KEN- is 100 percent accurate in his analysis amendment. NEDY, in opposing the Lieberman of this issue, and I hope Senators will Mr. KERRY. Madam President, I amendment to eliminate funding for weigh his measurement of this based yield the Senator such time as he may the Joint Strike Fighter alternative on his years of experience on the use on behalf of Senator BAYH. engine. I disagree with the arguments Armed Services Committee as well as The ACTING PRESIDENT pro tem- that were just made by the Senator on the facts regarding this particular pore. The Senator from Ohio is recog- from Georgia who actually is inac- engine proposition. nized. curate by saying it is going to take The alternate engine program Mr. BROWN. Madam President, I away a weapon system from our mili- spreads capability and capacity across wish to thank Chairman LEVIN for his tary at the current time. It doesn’t the U.S. industrial base. What it does leadership and Senator BAYH for his take any weapon system away whatso- is it ensures the production, mainte- work. ever. It simply changes the schedule of nance, and availability of critical com- This debate is about competition. It production with respect to the C–130s, ponents so they are not concentrated is about how our government spends but all of the C–130s will be built. So no in the hands of one single producer. money. system is taken away. It is important Why does that matter? Well, the cur- Earlier this year, the Senate passed a to try to be accurate about what is at rent engine for the Joint Strike Fight- comprehensive DOD procurement re- stake here. er has had testing issues. It is simply form law. Now we are debating a De- As does Senator KENNEDY and a lot of not appropriate to stand here and sug- fense authorization bill of more than other people, including Senator BAYH gest that everything is absolutely $660 billion. We need to continue to re- and others, I believe the alternative en- hunky-dory with the single-source pro- form the procurement process. We need gine is critical to reduce risks to our gram. The fact is, there have been two to make sure Congress is not just a forces, to protect against cost over- engine blade failures within the past 2 rubber stamp. runs, to preserve the U.S. industrial years requiring a redesign, remanufac- We are debating today whether we manufacturing base, and to support our ture, and delays in the flight test pro- should end a near monopoly on engines international partners. It is a little gram. In fact, the engine has yet to and long-term maintenance for the strange, I might add, to have some of even be flight tested in the most stress- Joint Strike Fighter to one company. our friends on the other side of the ing flight regime—the vertical landing The Department of Defense created the aisle who are usually quick to come up mode. Those tests have been delayed alternative engine program in the mid- here and support competition in the for up to 2 years, and they are now 1990s because DOD knew such a pro- American marketplace arguing that we scheduled to take place in September. gram would foster competition between shouldn’t have competition and that It is precisely that kind of delay that engine manufacturers. Competition we ought to have a single-source pro- begs for this kind of alternative engine fosters cost savings and improved per- duction for engines, where we have al- program. In fact, the 2007 Institute of formance and flexibility. Now we are ready seen that there are problems fre- Defense Analysis study concluded: debating whether the Senate should quently in those single-source produc- Competition has the potential to bring create a monopoly in buying just one benefits in addition to reduced prices, in- tion lines. cluding force readiness, contractor respon- engine for more than 2,400 aircraft. I strongly support the second-degree siveness, and industrial base breadth. What would happen if we end the al- AYH ternative engine program? One engine amendment offered by Senator B So I don’t believe it is in the best in- and Senator KENNEDY that would pro- terests of our military to have the manufacturer, frankly, would have us vide more than $156 million for the major part of the fighter fleet depend- over a barrel. The government would management reserves of the Joint ent on a single-engine type provided by have no option. The government would Strike Fighter Program and more than a single manufacturer. It is simply too have no bargaining power. That is what $280 million for the Marine Corps heli- risky, and experience tells us it is too we are talking about today. We are de- copter fleet. This will allow the Senate risky. bating whether we should clear the to preserve funding for the vital Ma- In the 1970s, many of the F–15s and F– field and have no competition, not even rine Corps helicopters without elimi- 16 fleets were grounded as a result of the threat of competition, for our Na- nating competition for the Joint reliability and durability issues be- tion’s most important aerial defense Strike Fighter’s competitive alter- cause the aircraft were dependent on program. native engine program. one engine type. Similarly, the AV–8 What would happen if performance Let me say the funding for the Joint Harrier was grounded for 11 months due standards changed? I tell my col- Strike Fighter alternative engine has to engine problems. With over 2,400 F– leagues, we will become price-takers. been important to Senator KENNEDY 35s currently planned for procurement The company will tell us how much for a long period of time. As we all and each of the services going to be de- they want for making the required know, he is being treated back in Mas- pendent on one engine and one aircraft changes. We will have to accept it. sachusetts and is not here today, but type for the vast majority of its capa- What would happen if the manufac- his statement in support of the amend- bility, it simply doesn’t make sense to turer decided they can’t deliver the en- ment he is offering with Senator BAYH put all of it into one engine manufac- gine at the agreed price? We would be has already been put into the RECORD turer—one engine and one producer. We price-takers again. by Senator BAYH. I wish to simply ref- certainly don’t want to take the risk of What if we needed to ramp up produc- erence one thing Senator KENNEDY has the entire F–35 fleet being grounded. tion to defend our Nation but we have said: Competition will avoid that potential. only one production line? We would be Competition for the Joint Strike Fighter So I ask my colleagues to oppose the in trouble. What if there are sky- engine has compelling advantages and avoids Lieberman amendment, support the rocketing costs in production? We past pitfalls. Dual-sourcing will build vital Bayh-Kennedy amendment to provide would have to pay them. operational redundancy into the fleet, avoid additional funding to the Joint Strike If this amendment passes, we are set- a single point of failure for the engine mal- Fighter Program and to the Marine ting the stage for inflated costs. We are functions and spare part shortages experi- enced in the past with other fleet-wide Corps helicopter fleet. I believe that is setting the stage for inadequate capac- groundings. Competition delivers an inher- the way we best eliminate risk and ity. ent incentive for manufacturers to absorb best serve the armed services and the So as we work to find ways to save and contain cost growth, even as it encour- needs of this particular aircraft. money in this bill, as we work to re- ages responsiveness by contractors, contin- Madam President, I reserve the re- duce our budget deficit, we are contem- uous product improvement, and innovation. mainder of the time to Senator BAYH. plating cutting funding for a program All of us know that is the way we are Does the Senator from Ohio wish to that could lower the cost of the JSF most effective at producing all of our speak? and save our government billions of

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7960 CONGRESSIONAL RECORD — SENATE July 23, 2009 dollars while creating a more reliable the competition fair and square. They The fact that we cannot afford it is aircraft, and we are debating whether did it, as Senator CHAMBLISS said, with demonstrated by the amendments in- to limit the military’s ability to pick an engine that has now had an enor- troduced by the proponents of the sec- the best engine possible. mous amount of experience. The Air ond engine. We will have to can- We have been talking about an alter- Force has had experience with it in the nibalize, or take from the Marine Huey nate engine program, but that is a bit F–22, and it has worked extraordinarily helicopters and from the Air Force C– of a misnomer. It is not an alternate well. 130s being used by the special oper- engine; it is a competition between en- Secretary Gates, in his letter to us ations and Air Force combat command gines to ensure we pick the right one. today, says the current engine is per- in battle today. Remember the famous competition be- forming well with more than 11,000 test Let me go to this GAO argument. My tween engine manufacturers for the F– hours. So there has been a competition. friend from Massachusetts cited an In- 16. The so-called great engine war General Electric, which manufactures stitute of Defense Analyses statement saved our government billions of dol- the second engine which lost the com- offered in testimony before the House lars and provided our military with the petition, is trying, in my opinion—I in March of this year. There is another best engine possible. love this company. I respect them. line in that that makes a very powerful The F–16 has kept our Nation safe for They are headquartered in Con- point on the question of savings from a generation. It is in large part because necticut, but they are trying to the second engine. To break even finan- the military was able to pick the best achieve through legislation what they cially, according to the Institute of De- possible engine. That competition could not achieve through competition, fense Analyses—I am quoting from made it possible to avoid massive cost and it is costly. that: It is costly. It delays the Joint overruns, to avoid production prob- To offset fully the estimated $8.8 billion in- lems, to avoid performance issues. Strike Fighter Program. Earlier this vestment to establish the alternative JSF That is why we have a competitive en- week, we terminated the F–22 technical engine would require a savings rate, during gine program now. We are not talking air fighter program. That means we are the production phase, of 40 percent on a net about one alternate engine; we are all in the Joint Strike Fighter Pro- present value basis. talking about two engine alternatives. gram. This is our single hope and the That is a little complicated. Here is It is an important distinction. It is specific program to take us to the fu- the key from the independent Institute about competition. ture for American tactical air war of Defense Analyses: combat. What we are debating is an effort by Savings of this magnitude are implausible, This second engine—the money for some to declare the competition over, considering the 11 to 18 percent savings real- even though this body has provided it—according to testimony before the ized in other competition. Senate Armed Services Committee will funding for two engines over and over. So it is way beyond what we have cost the Air Force between 50 and 83 We are going to buy more than 2,400 seen before. I want to quote from testi- fewer Joint Strike Fighters for the Air Joint Strike Fighters and costs will mony received in our committee, a Force, Army, and Navy over the next 5 keep going up. According to news re- very interesting exchange between years. That is a lot to pay for. ports, we are talking at least $300 bil- There has been competition and it is Senator BEGICH, a member of our sub- lion. over. This engine that has been se- committee, and the representative of We need to make sure we spend this lected is a good one, and it will con- the Navy and the Air Force. Senator money wisely. By eliminating the al- tinue to perform well and not delay the BEGICH, in reference to the GAO report ternate engine program just to save a program. cited, indicated that the F–136, the sec- few dollars today, we are jeopardizing I want to say a few other things ond engine, had better efficiency and billions later—$300 billion, 2,400 planes, about what has been said. There has opportunity, ‘‘but you seem to disagree the next generation aircraft that will been some citing of a GAO report with that,’’ the Senator says to the serve the entire military for decades. issued in May of this year that sug- witnesses, and I believe that the cur- We have to get this right the first gested that, in the long term, a second rent Joint Strike Fighter engine is the time. There are no do-overs. The JSF is engine might result in savings. I think course you are taking. Vice Admiral a single-engine fighter. Any problem it is important to say that the opinion Architzel of the Navy says: with its engine could ground the entire of the GAO is not documented in their While we generally support competition, fleet. This would waste billions of tax report on that matter, and it is not the cost of continuing to develop a second dollars, and even more importantly, it shared by other authorities who have engine versus being able to use that in pro- would jeopardize our military’s ability done independent analyses. curement dollars for aircraft or in the cost to defend our Nation. The Institute for Defense Analyses also to maintain the 2 engines, the Navy sup- We need to get this right. We need to says flat out that GAO underestimated ports the Department of Defense in just hav- ing this one F–35 engine. make sure we are not granting a mo- the required government investment to nopoly today that we are going to be develop an alternative engine by nearly Lieutenant General Shackleford, stuck with for 10 years or 20 years or 30 $4 billion. One of the supporters of the from the Office of Acquisition of the years from now. Let’s keep the second second engine earlier said that we have Air Force, says a very important quote engine program going. Let’s have a already spent over $2 billion on it, and regarding the GAO report that has been competition. Let’s make sure our mili- there is only a need to spend another cited by proponents of the second en- tary has the best plane possible. $1.5 billion or $1.8 billion. Of course, gine: Thank you, Madam President. I yield any dollar we spend on an engine that In this particular case, the analysis that the floor. I believe we don’t need should go to the Office of the Secretary of Defense did to The ACTING PRESIDENT pro tem- other programs in the Department of look at the costs associated with a second pore. The Senator from Connecticut is Defense. It is a waste of dollars. engine yielded a different result from what the GAO reported, which basically says the recognized. In the GAO report itself, which is Mr. LIEBERMAN. Madam President, costs associated with development of a sec- cited by proponents of the second en- ond engine would be something that we I wish to respond to a few of the state- gine, it is quite clear that they say an would consider unaffordable in the current ments that have been made by the pro- additional investment of $3.5 billion to timeframe, while we would be doing the de- ponents of the second engine which I $4.5 billion in development and produc- velopment. That benefit down the road, in feel very strongly is a costly waste of tion costs may be required for this pro- terms of comparative costs, would be more of taxpayer money and is unnecessary. gram. a wash than the more optimistic version of The argument has been made: why That means an additional $3.5 billion what the GAO report said. stop competition? I can’t say it often to $4.5 billion, in the coming years to- So when we look at balancing the enough that there has been competi- taling over $6 billion—some say even risk of having one engine versus the tion. There was a competition in the more—for a second engine, which costs of paying for the second—be it 1990s between these two great engine would be nice to have, like it would be costs within the program, which would manufacturers: Pratt & Whitney and nice to have a lot of things, but we can- be taken out of production aircraft General Electric. Pratt & Whitney won not afford it. with a negative effect in terms of unit

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7961 costs, or even having to source these Vets for Freedom calls on the Senate to why the Pentagon stopped requesting dollars someplace else within the Air fund these two critical programs and ensure this funding two years ago.’’ Force—we don’t consider the purchase that our troops have the equipment and sup- In fact, the administration has al- of a second engine to be an affordable port they need to successfully accomplish ready stated its intention to veto a de- their current mission. fense authorization bill that is pre- solution. Sincerely, Again, competition has occurred. It sented to the President that includes PETE HEGSETH, is over. We have to really go forward Chairman, Vets for Freedom. funding for an alternative engine. The with the Joint Strike Fighter Pro- Mr. LIEBERMAN. This is from Bryan June 24, 2009 Statement of Administra- gram, not delay it, or waste money on Wise, executive director of Military tion Policy on HR 2647, the House De- it or take money from other programs Families United: fense authorization bill, which also in- to fund this one. cludes funding for development of an . . . I am writing today in support of fund- I will introduce this for the RECORD. ing to the FY2010 National Defense Author- alternative engine, noted that ‘‘. . . I ask unanimous consent to have print- ization Act to procure additional UH–1s and the Administration objects to provi- ed in the RECORD two letters, one from HC–130s. sions of [HR 2647] that mandate an al- Military Families United, and another . . . Providing the necessary funds for the ternative engine program for the JSF. from the Vets for Freedom. procurement and recapitalization of both the The current engine is performing well There being no objection, the mate- UH–1 and the HC–130 will afford our Armed with more than 11,000 test hours. Ex- rial was ordered to be printed in the Forces the ability to successfully execute penditures on a second engine are un- RECORD, as follows: our military engagements overseas. . . . Military Families United aggressively necessary and impede the progress of JULY 23, 2009. supports this effort to restore funding for the the overall JSF program. Alleged risks Hon. JOE LIEBERMAN, procurement and recapitalization of these of a fleet-wide grounding due to a sin- U.S. Senate, Hart Senate Office Building, vital weapons systems. We must never forget gle engine are exaggerated. The Air Washington, DC. the sacrifices the brave men and women of DEAR SENATOR LIEBERMAN: On behalf of Force currently has several fleets that our Armed Forces make every day in the Military Families United and the military operate on a single-engine source.’’ service of our Nation and for the cause of families throughout the country we rep- In addition, the Secretaries and freedom. resent, I am writing today in support of re- Chiefs of the Air Force and Navy have storing funding to the FY2010 National De- The second letter, from the Vets of all said that they do not need or want fense Authorization Act to procure addi- Freedom, is signed by Pete Hegseth, a a second engine for the JSF. When Air tional UH–1s and HC–130s. distinguished and decorated veteran, Force Chief of Staff General Schwartz As we continue to increase deployments of who is chairman of Vets for Freedom. testified before the Senate Armed our forces in Afghanistan, the strain on our He says: military hardware will greatly increase thus Services Committee on May 21, 2009, he making it more necessary that we continue Vets for Freedom has always fought for the said that if he were asked where he to procure and recapitalize vital equipment success of the mission and fielding the needs would put his next available dollar for at a sustainable rate. Without this equip- of war-fighters serving our country in harm’s the F–22 program, ‘‘it would not be in a ment America’s brave men and women in way. Recently, we’ve seen attempts made in Congress to strip funding from the Marine second engine.’’ Chief of Naval Oper- uniform will be put in greater danger. They ations Admiral Gary Roughead is also deserve the best equipment available to de- Corps H–1Y Huey helicopter program and fend themselves and successfully complete from the Special Operations Command’s C– opposed to the second engine, stating, the mission they have been asked to accom- 130 fleet. ‘‘. . . keeping parts for two engines on plish. Providing the necessary funds for the Both pieces of equipment play a key role in the decks of aircraft carriers is not ad- procurement and recapitalization of both the making our troops more effective and lethal visable. Therefore you can put me sol- UH–1 and the HC–130 will afford our Armed on the battlefield: by both transporting Ma- idly in the one-engine camp.’’ Forces the ability to successfully execute rines into the fight and allowing our Special It has been suggested that competi- our military engagements overseas. Operations Forces to take the fight to the Taliban and al-Qaida around the country. tion for these engines would be good Our warfighters deserve the very best for the military. Quite simply, there equipment we can provide them. To that end, Both of [these programs] are mission critical Military Families United aggressively sup- assets for the fight we are in today and to- has already been a competition and it ports this effort to restore funding for the morrow—and the Secretary of Defense and was won by Pratt & Whitney. In 1996, procurement and recapitalization of these Commandant of the U.S. Marine Corps agree. the Pratt & Whitney engine was the vital weapons systems. We must never forget I appreciate these letters. They speak engine of choice for two of three com- the sacrifices the brave men and women of volumes, and I hope they will lead my petitors for the Joint Strike Fighter: our Armed Forces make every day in the colleagues to oppose the Bayh amend- Boeing and Lockheed Martin. The third service of our nation and for the cause of competitor, McDonnell Douglass, se- Freedom. I look forward to working with ment and support the amendment we your office to get this important legislation have introduced. lected the General Electric engine. passed. I yield the floor. When McDonnell Douglass was not se- Sincerely, Ms. SNOWE. Madam President, I rise lected for a key milestone in the JSF BRIAN WISE, in support of Senator LIEBERMAN’s development, concept demonstration, Executive Director, amendment to the National Defense while Lockheed Martin and Boeing Military Families United. Authorization Act for Fiscal Year 2010, were selected, the General Electric en- which would eliminate funding for an gine was eliminated as a future engine JULY 23, 2009. alternate engine for the F–35 Joint for the JSF. In fact, the P&W engine Hon. JOSEPH I. LIEBERMAN, Hart Senate Office Building, Strike Fighter, JSF. was well positioned for this competi- Washington, DC. President Obama singled out the al- tive success in the JSF competition by DEAR SENATOR LIEBERMAN: Vets for Free- ternate engine as wasteful government previously besting competing engines dom has always fought for the success of the and he specifically did not request in 1991 for use in the F–22. Moreover, mission and fielding the needs of war-fight- funding for an alternative engine in his the only other aircraft in the U.S. mili- ers serving our country in harms way. Re- budget proposal to the Congress. On tary inventory that has a dual source cently, we’ve seen attempts made in Con- May 7, President Obama said that for engines is the F–16. All other mili- gress to strip funding from the Marine Corps ‘‘we’re going to save money by elimi- H–1Y Huey helicopter program and from the tary aircraft have a single source en- Special Operations Command’s C–130 fleet. nating unnecessary defense programs gine, and it is a strategy that works. Both pieces of equipment play a key role in that do nothing to keep us safe—but Single source jet engines are the rule, making both our troops more effective and rather prevent us from spending money not the exception. lethal on the battlefield: by both trans- on what does keep us safe. One example In terms of the industrial base, the porting Marines into the fight and allowing is a $465 million program to build an al- leaders of the potential alternate en- our Special Operations Forces to take the ternate engine for the Joint Strike gine teams would suggest that without fight to the Taliban and Al-Qaeda around the Fighter. The Defense Department is al- an alternate engine they might be shut country. Both of the H–1Y Huey and HC/MC– 130 Hercules are mission critical assets for ready pleased with the engine it has. out of the military aircraft engine the fight we are in today and tomorrow—and The engine it has works. The Pentagon business. However, these teams already the Secretary of Defense and Commandant of does not want—and does not plan to provide engines for multiple military the U.S. Marine Corps agree. use—the alternative version. That’s aircraft platforms. In contrast, Pratt &

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7962 CONGRESSIONAL RECORD — SENATE July 23, 2009 Whitney will only make aircraft en- ing yes. In that case, the availability of I yield the floor. gines for the Joint Strike Fighter with two engines resulted in a decline in Mr. BAYH. How much time remains the closing of the C–17 and F–22 lines. price for the overall aircraft, allowing on our side, Madam President? In a sense, the reverse would be more the government to buy more for less. The PRESIDING OFFICER. The Sen- accurate. Opponents of the alternative engine ator from Connecticut has 23 minutes. This is especially important to me claim that cutting the engine will The Senator from Indiana has 14 min- since much of the JSF engine work will allow more planes to be built, when in utes. go through the Pratt & Whitney facil- fact what will happen is that the over- Mr. MCCAIN. Madam President, I ity in my home State of Maine. The all cost of the program will increase want to add some additional comments 1,375 highly skilled employees at the and incentives to build the best engine about the $438 million that would be P&W North Berwick facility should not will be eliminated. taken from the HC/MC 130s recapital- have their jobs jeopardized for an un- Real cost savings, improved perform- ization program to fund development of necessary competition. A competition ance: these are the reasons that we the alternate engine. that they already won. simply must continue development of I don’t think there is any doubt that This debate should not even be occur- the Alternate Engine for the Joint given the conflict in Afghanistan, as ring. The President and the U.S. mili- Strike Fighter. And it is these reasons well as Iraq, but particularly now in tary say they do not want or need this that I will vote to continue forward Afghanistan, as we move into the alternate engine. There is no reason- with this absolutely essential invest- southern part of the country, the HC/ able justification for spending on a sec- ment that ensures we are getting the MC 130s are critical weapons systems. ond engine when the first engine is per- best product for our troops and at the Their platforms are designed to specifi- forming admirably. I urge my col- best price for taxpayers. cally support our special operations leagues to support Senator Mr. MCCAIN. Madam President, what warriors, which is the kind of fight we LIEBERMAN’s amendment. is the time situation? are in. It is an irregular fight, and it Mr. LEAHY. Madam President, I rise The PRESIDING OFFICER (Mrs. puts increasing demands on our special in strong support of the alternate en- HAGAN). The Senator from Connecticut forces. gine for the F–35 Joint Strike Fighter. has 26 minutes. The Senator from Indi- As we know, these aircraft are spe- The Armed Services Committee, which ana has 14 minutes. Who yields time? cialized C–130s that are specifically de- has reviewed the program carefully, Mr. LIEBERMAN. Might I ask my signed for that fight. They have capa- made the sensible move in restoring friend from Oklahoma how much time bilities, such as aerial refueling and the almost $440 million necessary this he needs? gunship weaponry, that meet the re- Mr. INHOFE. A couple minutes. quirements of the special operations year to continue design and develop- Mr. LIEBERMAN. I yield to the Sen- command. ment of the alternate engine, known as ator from Oklahoma up to 5 minutes of I would be very reluctant and strong- the F136 engine, made by General Elec- my time. tric Aviation. The PRESIDING OFFICER. The Sen- ly opposed to taking funding away The F–35 Joint Strike Fighter Pro- ator from Oklahoma is recognized. from special operations and using it to gram will likely emerge as the largest Mr. INHOFE. Madam President, I fund the second motor for the Joint tactical aircraft program in the Na- look at this issue and think about not Strike Fighter. It is a time, obviously, tion’s history. just the hours and days and months but when we are fighting two irregular Given developments in unmanned years we have talked about this. A lot wars, and it is not a time to take this aerial vehicles, it could also be the of people have changed their mind and funding away. country’s last major tactical aircraft have gone back and forth on it. I think According to the Defense Depart- ment, the current military require- program. The F–35 will provide a tre- at the time Senator WARNER was here, mendous general purpose capability to he actually took a couple of positions. ment for the HC/MC 130s aircraft is 60. replace the Air Force’s aging F–16s, the I look at it simply. I have been con- The Department recently recognized Marine Corps’ AV–8Bs, and older cerned about the funding and about that the need to modernize the aging, versions of the F/A–18. We have to get some of what we need to have. We all worn-out special operations and com- development of this aircraft right. The had different ideas on the additional F– bat search and rescue fleets is urgent. kind of delays and cost overruns that 22s. I look at this and I see that the According to the Office of the Sec- have plagued development of so many only current U.S. military aircraft retary of Defense, ‘‘the cut to these other defense programs recently would with a new engine source is the F–16. aircraft would slow down deliveries to be absolutely unacceptable in this far- All the rest have single engine sources. the warfighter of the HC–130 and the reaching program. It has worked well, and there is no MC–130 impacting both the Air Force’s An alternate engine would create military requirement for the alternate Air Combat Command and Special Op- competition. Competition would force engine. erations Command.’’ both production teams to deliver a bet- I have come to the conclusion it According to the Air Force ‘‘based on ter product at a better price to the gov- would cost over $5 billion to fund the the JROC validated requirements for 37 ernment. alternate engine and, over the next MC–130s and 78 HC–130s, the Air Force, An alternate engine would prevent a year, it will cost the program—I have including the Air Force Special Oper- single-point failure in the F–35s contin- seen estimates from 50 to 80 aircraft, ations Command and Air Combat Com- ued development. If one program according to the program manager. mand, would benefit from an even reaches insurmountable obstacles, the Congress has directed three studies greater acceleration of the recapital- Department of Defense will be able to on the alternative engine, and we have ization rate of all 9 aircraft that re- rely on the other engine. Finally, an gone over studies in our Armed Serv- main in the President’s budget. alternate engine would ensure that the ices Committee. Two out of the three Taking that money out of this pro- country has more than one military studies of the alternate engine stated gram would delay the delivery of new engine manufacturer. there would never be any cost savings aircraft to the warfighter. I think that Several nonpartisan, rigorous studies associated with the competition. if General McChrystal were here, and from groups such as the Institute for There has never been actual data— our other leaders, they would make it Defense Analyses and the Government only anecdotal—that proves there was very clear that in the very difficult sit- Accountability Office have underscored ever any cost savings brought about by uation we face in Afghanistan—large the benefits of an alternate engine. what someone called the ‘‘great engine areas of geography that need to be There is some question as to whether war’’ on the F–16s. traveled and controlled—these aircraft the existence of a second engine and It seems to me it is a savings without are very much needed. I hope my col- the resulting competition would save the alternate engine, which will allow leagues will also take that into consid- money over the life of the program. us to have more capability, more air- eration as we consider this vote. One need only look to the history of craft. I congratulate the Senator from Indi- the F–16 engine in the 1970s and the I strongly support the Lieberman- ana for a very eloquent argument on 1980s for an answer, which is a resound- McCain amendment. behalf of his position. Again, I state

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7963 my appreciation for the very important competition was run by Pratt & Whit- Mr. LEVIN. Madam President, let me role he plays as a member of the Armed ney, that there was competition, com- confirm what the Senator from Indiana Services Committee. This is one of the petition, competition. I hold in my said. This issue does not involve 130s. few times we disagree, but I think he hands copies of the contracts given to Congress has put all the money in for has presented his side of the argument Pratt & Whitney. I hold them right 130s that the President requested. The with eloquence. here. Cover page, January 23, 1997, reason this money for 130s was in our I yield the floor. Pratt & Whitney, $804 million, et committee report is because we did not The PRESIDING OFFICER. The Sen- cetera, in bold type: know at the time that the supple- ator from Indiana. This contract was not competitively pro- mental appropriations bill would put Mr. BAYH. Madam President, per- cured. money in for the 130s. So we do not haps I should quit while I am ahead fol- Let me repeat that: need this money for the 130s to fully fi- lowing those very generous remarks by nance the request of the President of This contract was not competitively pro- my friend and colleague from Arizona. cured. the United States for 130s. I am compelled, however, to save a few I wish to reiterate one point I made The second contract is for the engine minutes of my time for Senator LEVIN, earlier. This is not an issue of whether who is the chairman of the Armed dated October 26, 2001, Pratt & Whit- we insert a new engine, whether we Services Committee and is supportive ney, in this case $4.8 billion. Once start down the road with a second en- of our amendment, for him to offer a again, in bold type—bold type—so peo- gine. That issue was resolved years ago few additional observations. I do want ple can read it and understand: by Congress when we started to fund a to close with a few closing remarks. This contract was not competitively pro- second engine for the purpose of com- cured. First, I thank Senator KENNEDY, who petition. We have already put $2.5 bil- could not be with us today but who is It could not be any plainer than that lion into this second engine. Roughly a strong supporter of our amendment, for those of us who can read these doc- $1.8 billion more is needed. So our sunk and Senators KERRY, VOINOVICH, uments. There was not a competition costs are approximately two-thirds of BROWN, and Senator LEVIN I have men- with regard to this engine. It is a sole- the cost of this second engine. tioned, who spoke in support of this source contract. We have consistently supported it in amendment. I thank them. Therein lies the issue. It is not about the Armed Services Committee. This is I do want to address a couple of helicopters. It is not about the number not new. We feel the value of competi- points that have been raised, first with of planes that are procured. It is not tion will more than make up for all of regard to the issue of the Marine Corps about the C–130. All of those things the costs and surely far more than helicopters. Again, for those who care have been taken care of. It is about make up for the final costs which we about the helicopters, for those who your belief that competition is in the need in order to complete the develop- care about supporting the Marine best interest of the taxpayers—and ment of this second engine. Corps, we have taken care of that quality. If you believe that, you sup- I do support the Bayh amendment. I issue. The Marine helicopters will be port this amendment. If you believe think it makes sense in terms of the fully funded. So that is off the table. single-source, noncompetitively bid fundamental point of competition, it For the assertions made in the reduc- contracts, such as these, are in the best makes sense fiscally, and it makes tion of the number of Joint Strike interests of quality and protecting the good sense in terms of the quantity we Fighters to be procured, we fully fund- taxpayers, then you will support Sen- are buying. There is a huge buy, 2,500 ed the administration’s request, and ator LIEBERMAN’s amendment. That is planes, engines, and perhaps 500 more there will be no reduction because of what this is all about. in terms of the export market. It is a my amendment. We have taken care of Since I don’t have much time—how huge buy. With this size buy and given that issue. That is no longer relevant. much time do I have, Madam Presi- the precedent of other planes—at least The President’s staff recommending dent? three that have had two engines avail- a veto was premised on the presump- The PRESIDING OFFICER. The Sen- able for them—with that precedent and 1 with these savings, I hope the Bayh tion that there would be a reduction in ator has 10 ⁄2 minutes. the number of planes purchased. Since Mr. BAYH. Madam President, I don’t amendment is accepted. The PRESIDING OFFICER. The Sen- that has been taken care of, the veto want to exhaust it all. I quoted at length in my previous comments from ator from Connecticut. threat is no longer relevant. It has Mr. LIEBERMAN. Madam President, the General Accounting Office, and been taken care of. first, I ask unanimous consent that the there are a variety of studies. It is as- There have been comments made Senator from New Hampshire, Mrs. about the C–130 procurement. I, too, serted that GAO did not offer much SHAHEEN, be added as a cosponsor to support the C–130 procurement. We reasoning for their comments. I point the amendment Senator MCCAIN and I out once again that they state very have fully funded—fully funded—the and others have offered. administration’s request. It was passed clearly the savings from this competi- The PRESIDING OFFICER. Without in the supplemental. The money is tion; the second engine has the poten- objection, it is so ordered. there, in recognition of that. That is tial to be equal to or exceeding its cost. Mr. LIEBERMAN. Madam President, why the House of Representatives fully Prior experience, they indicate, points I thank my friend from New Hampshire eliminated the account we are using to to this and that they are confident for joining us on this amendment. We fund the second engine. competitive pressures could yield these have a dispute about whether there was For those who care about the C–130, kinds of savings. The GAO is well on competition. I guess it depends on what as do I—and I thought Senator record. I understand there is a dispute you describe as competition. MCCAIN’s comments were very appro- from other entities and other studies, There clearly was competition for priate about the need for that impor- but that is the GAO’s opinion. the Joint Strike Fighter plane engine tant plane—that has been fully funded. This all comes down to competition, in the 1990s. In 1996, Pratt & Whitney In fact, what has been proposed in our whether my colleagues embrace it, in and General Electric each submitted authorization is a duplicate funding, a which case they support our amend- engine proposals to the three airframe double funding. So for those of us who ment, or if they do not—and I suppose manufacturers that were competing for care about duplication, this, in fact, there may be legitimate arguments in the Joint Strike Fighter contract: would save the taxpayers money, which favor of noncompetitive bidding—they Lockheed, Boeing, McDonnell Douglas. I understand is one of the premises un- will support the other amendment. Two of the three selected the Pratt & derlying the Lieberman amendment. I yield the floor. Whitney engine, and it happened that Accepting their premise, this is a fully Mr. LEVIN. Madam President, will those two airframe manufacturers were appropriate funding source. the Senator from Indiana yield me 3 down-selected for the final competi- Finally, I would like to address this minutes? tion. Ultimately, in 2001, Lockheed was issue of competition once again. It has Mr. BAYH. Absolutely. selected to start the design and devel- been asserted and alleged over and over The PRESIDING OFFICER. The Sen- opment with the Pratt & Whitney en- that there was a competition, that the ator from Michigan. gine.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7964 CONGRESSIONAL RECORD — SENATE July 23, 2009 I believe there was a competition. The PRESIDING OFFICER. The Sen- Mr. LEVIN. Madam President, I mod- General Electric lost. It has gone the ator from Michigan. ify that unanimous consent request other way on other occasions. And this Mr. LEVIN. Madam President, has all and ask that the vote begin imme- is a legislative attempt to achieve by the time been yielded back? diately at 12:34 and a half p.m. legislation what could not be achieved Mr. LIEBERMAN. I ask my friend The PRESIDING OFFICER. Without through competition. from Arizona if there is anything more objection, it is so ordered. Secondly, my dear friend Senator he would like to say. Mr. LEVIN. I ask for the yeas and LEVIN, the chairman, and I may have Mr. MCCAIN. I think we are prepared nays. an effectual disagreement on how much to vote. The PRESIDING OFFICER. Is there a more going for the second engine will Mr. LIEBERMAN. Madam President, sufficient second? cost. He believes it will be $1.8 billion. I will say very briefly, to wind up, the There appears to be a sufficient sec- ond. I cited earlier in this debate statistics Bayh amendment does remove the 130s The question is on agreeing to that show it will be between $4.5 and from the Air Force. It is true they got money in the supplemental, but state- amendment No. 1767 offered by the Sen- $5.5 billion. That is not the main point. ator from Indiana. The clerk will call Madam President, $1.8 billion is a lot ments we got this morning from the Air Force and the Office of the Sec- the roll. more to spend on an engine I have sub- The legislative clerk called the roll. retary of Defense, the 130s they got in mitted to my colleagues we do not Mr. DURBIN. I announce that the need. Not only do we not need it, the the supplemental, which are critically Senator from West Virginia (Mr. needed, leave open—in other words, Air Force testified before our com- BYRD), the Senator from Massachusetts they are nowhere near their require- mittee that if we spend this money on (Mr. KENNEDY), and the Senator from ments for that plane which is critically a second engine, we are going to get, by Maryland (Ms. MIKULSKI) are nec- General Shackelford’s testimony to us, important to the Air Force and par- essarily absent. 53 fewer Joint Strike Fighters in the ticularly to our special operations The PRESIDING OFFICER. Are there next 5 years. We will not be able to af- forces in Afghanistan, Iraq, and any other Senators in the Chamber de- ford them. That is a serious con- throughout the world in the war on ter- siring to vote? sequence. rorism. The result was announced—yeas 38, What about this engine that has been I would just close by reading a state- nays 59, as follows: selected? The F–135 engine has flown ment from President Obama, when he [Rollcall Vote No. 240 Leg.] over 11,000 test hours and delivered 12 introduced his defense budget on May YEAS—38 flight test engines. The F–135 uses a 15. Baucus Dorgan Lugar core that has been delivered and is We are going to save money by eliminating Bayh Feingold McCaskill being used in the F–22. It will have unnecessary Defense programs that do noth- Begich Gillibrand McConnell Brown Graham close to 1 million flight hours by the ing to keep us safe but rather prevent us Murkowski from spending money on what does keep us Bunning Hagan Murray time this selected engine, the Pratt & safe. One example is a $465 million program Burr Hutchison Sanders Burris Inouye Whitney F–135, enters operational serv- to build an alternate engine for the Joint Stabenow Cantwell Johanns Thune ice in 2012. That is quite a remarkable Strike Fighter. The Defense Department is Carper Kerry Vitter record and one that justifies what Sec- already pleased with the engine it has. The Cochran Landrieu Voinovich engine it has works. The Pentagon does not Conrad Lautenberg retary Gates said to us in a letter he Warner sent to us this morning: ‘‘The current want and does not plan to use the alternate Corker Leahy Cornyn Levin Webb engine is performing well with more version. That is why the Pentagon stopped than 11,000 test hours.’’ I think the requesting this program funding 2 years ago. NAYS—59 record is a clear one. And then from Secretary Gates, just Akaka Feinstein Nelson (FL) I, again, respectfully thank my friend today: Alexander Franken Pryor It is my belief the Joint Strike Fighter Barrasso Grassley Reed from Indiana. Senator MCCAIN said he Bennet Gregg program presented in the President’s budget Reid has argued well. He is a dear friend. We Bennett Harkin Risch request is in the best interest of national se- would rather be on the same side on Bingaman Hatch Roberts curity. If a final bill is presented to the issues. We both feel strongly about this Bond Inhofe Rockefeller President containing provisions that would Boxer Isakson Schumer issue. Therefore, I respectfully urge my Brownback Johnson seriously disrupt the F–35 Joint Strike Sessions Cardin Kaufman colleagues to vote against the Bayh Fighter program, the President’s senior ad- Shaheen Casey Klobuchar amendment and for our amendment visers will recommend that the President Shelby Chambliss Kohl which would end funding for a second veto the bill. Coburn Kyl Snowe unnecessary engine. That is from Secretary Gates’ letter. Collins Lieberman Specter I thank the Chair, and I yield the So I submit to my colleagues, I be- Crapo Lincoln Tester DeMint Martinez Udall (CO) floor. lieve we have shown today that the Dodd McCain Udall (NM) Mr. BAYH. Madam President, unless second engine funding will seriously Durbin Menendez Whitehouse my friend and colleague from Arizona disrupt the Joint Strike Fighter Pro- Ensign Merkley Wicker has something new and shocking to gram. Again, I respectfully ask my col- Enzi Nelson (NE) Wyden say, I am going to yield back the re- leagues to oppose the amendment from NOT VOTING—3 mainder of my time. our good friend from Indiana and sup- Byrd Kennedy Mikulski First, I thank both of my colleagues port the amendment we have offered. The amendment (No. 1767) was re- for the tenor of the debate. We have I thank the Chair, and if there is no jected. some honest differences of opinion. I one else who wants to speak, I yield Mr. LEVIN. Madam President, I find myself much more comfortable back the remainder of my time. move to reconsider the vote, and I working with my colleague, Senator The PRESIDING OFFICER. The Sen- move to lay that motion on the table. LIEBERMAN, in a variety of capacities. ator from Michigan. The motion to lay on the table was Senator MCCAIN and I are one of a Mr. LEVIN. Madam President, I ask agreed to. hearty band of a few who come to the unanimous consent that at 12:35 p.m., AMENDMENT NO. 1627 floor in agreement to oppose wasteful all time remaining for debate with re- The PRESIDING OFFICER. Under measures. I look forward to resuming spect to these amendments, Nos. 1627 the previous order, there will now be 2 that partnership in the future even and 1767, having been yielded back, the minutes of debate equally divided prior though we have a respectful difference Senate then proceed to vote in relation to a vote in relation to amendment No. of opinion today. I only wish all our de- to the amendments in the order pre- 1627, offered by the Senator from Con- bates could be as focused and collegial viously entered, with the second vote necticut. as this has been. 10 minutes in duration and all other Mr. LEVIN. Madam President, I ask Having said that, I thank my col- provisions of the previous order re- unanimous consent, with the concur- leagues. Unless Chairman LEVIN has maining in effect. rence of the proponents and the oppo- anything additional to say, I yield The PRESIDING OFFICER. Without nents, that the 2 minutes be yielded back the remainder of my time. objection, it is so ordered. back and that this be voice voted.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7965 The PRESIDING OFFICER. Without gram and thereby avoid voting specifi- The PRESIDING OFFICER. Without objection, it is so ordered. All time is cally on the amendment No. 1760 I have objection, it is so ordered. yielded back. proposed. (The text of the amendment is print- The question is on agreeing to We are trying to work out the details ed in today’s RECORD under ‘‘Text of amendment No. 1627. of that. If we can do that, we can prob- Amendments.’’) The amendment (No. 1627) was agreed ably save quite a bit of time. Mr. SCHUMER. I ask unanimous con- to. Mr. LEVIN. Madam President, let me sent I be yielded 5 minutes of the 15; Mr. LEVIN. Madam President, I thank my friend from Arizona. First of Senator BENNETT, the ranking member move to reconsider the vote. all, we are trying to work out an ap- of the Rules Committee, be given 5 Mr. MCCAIN. I move to lay that mo- proach which would be satisfactory to minutes; and Senator CHAMBLISS be tion upon the table. the issue and will save a lot of time if given 5 minutes, divided that way. The motion to lay upon the table was we can work it out. If we cannot, we The PRESIDING OFFICER (Mr. agreed to. can go to a vote on his amendment. UDALL of New Mexico). Without objec- Mr. CARPER. Madam President, I The regular order would be to go back tion, it is so ordered. suggest the absence of a quorum. to the Kyl amendment as I understand Mr. SCHUMER. I rise to talk about The PRESIDING OFFICER. The it at this point. We are going to ask Amendment No. 1764, called the MOVE clerk will call the roll. unanimous consent that the Senator Act, The Military and Overseas Voter The assistant legislative clerk pro- from New York be recognized to intro- Empowerment Act of 2009. I first wish ceeded to call the roll. duce an amendment, that it be in order to thank my colleague, Senator BEN- Mr. KYL. I ask unanimous consent for him to do so, and that after 15 min- NETT, for his hard work. He was indis- that the order for the quorum call be utes we vote. pensable in getting this done, as were I ask unanimous consent that after 15 rescinded. Senator CHAMBLISS and Senator BEN minutes of debate, with no amend- The PRESIDING OFFICER. Without NELSON of Nebraska and Senator ments being in order to the amend- objection, it is so ordered. CORNYN, who had previous legislation ment, we then proceed to a vote, under- AMENDMENT NO. 1760 that was similar. I also wish to thank standing it would be a voice, and then Mr. KYL. Madam President, let me the Chairman, Senator LEVIN, as well the regular order would be restored, take a moment to indicate to col- as Senator MCCAIN, for helping us. which is the Kyl amendment. leagues where we are at the moment. The MOVE Act is a bipartisanship so- The PRESIDING OFFICER. Is there The pending business is my amend- objection? lution to a serious, yet all too familiar, ment, amendment No. 1760, dealing Mr. MCCAIN. Reserving the right to problem. The bottom line is, our sol- with the START treaty. We need to object, if the chairman would agree, diers overseas have a very difficult have our nuclear weapons program the Senator from Montana wants to time in voting. With the MOVE Act, modernized consistent with the START take some time to talk about his with 58 cosponsors, we can tackle this treaty. amendment which is germane, but he problem head on and make voting for What we are thinking of doing is to wants to talk about it. We have not our military overseas men and women start the debate with about 2 minutes had a chance to examine it. Then we easier. of conversation, and then if we are able could go back to the Kyl amendment, We chaired a hearing in the Rules to work out an agreement with the pending hopefully an agreement. Committee that brought up the prob- chairman of the Armed Services Com- Mr. LEVIN. I would modify my unan- lems, and they are shocking. The bot- mittee and other members who have an imous consent request that after the tom line is very simple. If you are in interest in this, we can avoid a long, disposition of the Schumer amend- the military, it is very difficult to protracted debate and potentially a lot ment, then Senator TESTER be recog- comply with State registration laws. of votes on alternatives as well as this nized for 10 minutes to talk about his You have to go through two post of- amendment. amendment, without the consent to fices, military mail, and then the reg- In the meantime, other business on offer it. ular post office. There is no avail- the bill could be conducted. I think the The PRESIDING OFFICER. Is there ability of notaries. Many States re- next business the chairman intends objection? quire notaries. would be for Senator SCHUMER to Mr. CHAMBLISS. Reserving the There is also the problem, of course, speak. So what I would suggest is that right to object, is there a time agree- that you have to do everything, by we move forward to try to work out an ment on the Schumer amendment? many State laws, by mail. And the agreement. The essence is simply this, Mr. LEVIN. Fifteen minutes is what mail takes forever when you are over- for my colleagues who are interested in I reserved. seas. this START treaty: We know there is a Mr. CHAMBLISS. Thank you. I do Couple that with the fact that for ab- treaty, or at least we hope a treaty is not object. sentee voting, which by definition going to be submitted to the Senate The PRESIDING OFFICER. Without these voters have to use, there are seri- late this year. objection, it is so ordered. ous deadlines. All too often our soldiers We would be reducing the number of The Senator from New York is recog- get their absentee ballot after the nuclear warheads and delivery systems nized. deadline has passed to send them in. in an agreement with the Russians. AMENDMENT NO. 1764 All too often, even more frequently, That makes it even more necessary to (Purpose: To ensure that absent uniformed the voting ballot does not arrive by the put some money into our current nu- services voters and overseas voters are deadline the State has set. aware of their voting rights and have a clear program, the infrastructure and genuine opportunity to register to vote So these are serious problems. The our nuclear stockpile, to bring it up to and have their absentee ballots cast and bottom line is, with technology, they snuff, to modernize it, and to ensure counted, and for other purposes) all could be overcome. We have faxes, that it meets the test for safety, secu- Mr. SCHUMER. I ask unanimous con- we have e-mails, we have computers, rity, and credibility. sent to set aside the pending amend- and we do not use them for our soldiers We need to have a plan for doing ment so we can call up amendment No. overseas. They can risk their lives for that, that is at least no later than the 1764. us, we can at least allow them to vote. point at which the treaty would be sub- The PRESIDING OFFICER. Without They take orders from the Commander mitted to the Senate so we know what objection, it is so ordered. The clerk in Chief. They are the first people who we are going to be able to support. will report. ought to be allowed to elect and vote Hopefully, what we would do is convey The assistant legislative clerk read for a Commander in Chief. to the administration jointly, Demo- as follows: If we can deploy tanks and high-tech crats and Republicans, our desire to The Senator from New York [Mr. SCHUMER] equipment and food to the frontlines, have that submittal to the Senate to proposes an amendment numbered 1764. we can figure out a way to deliver bal- have a study we could put into law as Mr. SCHUMER. I ask unanimous con- lots to our troops so they can be re- a part of this bill that would call for sent that the reading of the amend- turned and counted. That is what the bringing in that modernization pro- ment be dispensed with. MOVE Act does, correcting the many

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7966 CONGRESSIONAL RECORD — SENATE July 23, 2009 flaws that riddle absentee ballots for well documented. The Senator from Secretaries to designate voter registra- overseas voting. New York has described them. I believe tion agencies at military installations The numbers are very troubling. this amendment deals with them in a to assist with voter registration and More than a quarter of all ballots ei- proper fashion. aid our voting assistance officers. It ther come in too late or are not count- I want to clarify several points for lays the groundwork to gather needed ed. That is a serious problem. When our the record. We recognize that election information to continue to improve the soldiers who have so much else on their administration is carried out at the overseas absentee voting process and minds go out of their way to get the local level, and we have no intention of will help existing voting oversight or- absentee ballot cast, then it is not transferring those functions to the ganizations gather key voting metrics counted. That is frustrating. That is State in this legislation. The amend- to help make key decisions ahead of fu- wrong. That is not American. ment makes clear that States may ture elections. So our bill—and the details are avail- comply with the obligations imposed Not since the passage of the Uni- able in the RECORD—deals with that on them hereunder by delegating their formed and Overseas Citizens Absentee issue. One soldier sent to the Overseas responsibilities to other jurisdictions Voting Act in 1986 have we proposed Vote Foundation a letter which said: ‘‘I in the States, just as they have for so such significant legislation designed to hate that because of my military serv- many years in complying with the Uni- help the men and women of the mili- ice from overseas, I was precluded from formed and Overseas Citizens Absentee tary who time and time again are voting.’’ Voting Act. Also, the amendment re- called upon to defend the rights and That soldier continues: ‘‘Of all peo- quires States seeking Federal funds to freedoms we Americans hold so sacred. ple, deployed servicemembers should meet the requirements imposed by this Unfortunately, our military is one of have a guaranteed ability to vote.’’ amendment to update their State plans the most disenfranchised voting blocks That sums it up. That sums it up. which have been previously submitted we have. Today we have the oppor- The MOVE Act will ensure it by al- pursuant to HAVA, the Help America tunity to correct this problem. I am ex- lowing ballots to be sent electroni- Vote Act. The amendment clarifies tremely pleased with this legislation cally, dealing with the time gaps and that only States seeking the funds au- and proud to have been a part of the all the other problems we face. It is bi- thorized by and appropriated pursuant team that put this amendment to- partisan. Again, both Senator BENNETT to this amendment are obligated to up- gether. and I on the Rules Committee support date their State plans. There are 57 other cosponsors which it. Senator CHAMBLISS and Senator BEN With that clarification, I thank Sen- is representative of the strong support NELSON, who have done such a good ator SCHUMER and my other colleagues for this amendment and significant job, are the cosponsors of this legisla- who worked so hard on this legislation: concern around the country regarding tion. We can finally solve this problem, the two I mentioned, Senators this issue. I thank Senator SCHUMER which is unacceptable, by moving this CHAMBLISS and NELSON, as well as Sen- and his staff for leading this effort and legislation. ator CORNYN, who is not a member of helping make this legislation become a I ask my colleagues, how can a ma- the committee but who has worked on reality. I thank Senator BEN NELSON, rine in Fallujah find a notary? Why are it. I appreciate their bringing the issue my good friend and colleague, on the we making things so hard? How can before the Senate. I am proud to sup- Armed Services Committee, for his ef- somebody who goes out of his or her port it and look forward to its unani- forts in this matter. It would not have way to cast a ballot have that ballot mous passage. happened without his strong leader- not counted? This legislation solves The PRESIDING OFFICER. The Sen- ship. the problem in a fair, measured way ator from Georgia. I also thank Senator BENNETT and his that is cognizant of the rights of States Mr. CHAMBLISS. Mr. President, I staff for their strong efforts in putting to set the voting laws as they wish. I rise to express my strong support for this bill in the proper perspective and hope we will have unanimous support. amendment No. 1764 offered by the Sen- making sure that all issues were prop- I yield the floor. ator from New York, Mr. SCHUMER. erly addressed. I also thank Senator The PRESIDING OFFICER. The Sen- With the leadership of Senator SCHU- CORNYN for his leadership over the ator from Utah is recognized. MER and Senator BENNETT, we have years on this issue. Senator CORNYN is Mr. BENNETT. Mr. President, I am crafted one of the most substantive and not a member of the Rules Committee, happy to cosponsor the bill Senator comprehensive military and overseas but he has been very engaged on this SCHUMER has just discussed, the Mili- voting reforms we have seen in years. issue over the last several years. His tary and Overseas Voters Empower- This amendment tackles some very input was valuable. There is no ques- ment Act or the MOVE Act. As the tough issues while taking States rights tion that his support for the amend- ranking member of the Rules Com- into account. ment and contributions he and his staff mittee, I have served alongside Chair- In May of this year, Senator BENNETT have made to the amendment have man SCHUMER and commend him for was consumed with another issue, and made what was a good amendment a his decision to make this a priority and he asked me to cochair a hearing with much better one. move it through the committee. Our Senator SCHUMER on military and over- Lastly, I thank the secretary of state military personnel make tremendous seas voting. We heard testimony from of the State of Georgia, Karen Handel, sacrifices for this country, and we need numerous witnesses regarding the dif- also a very valuable asset to us as we to make sure they are able to exercise ficulty of military and overseas voting. went through the process of putting their right to vote. I thank Senator This amendment addresses some of this bill together. She and her staff re- SCHUMER’s staff as well for the coopera- those concerns and is a significant step sponded very timely and were honest in tive way in which we have moved this toward ensuring that military and the feedback we got from them. Their forward and for his willingness to deal overseas voters are not disenfran- contributions helped make sensible with two other colleagues on the com- chised. changes that make the amendment mittee, Senator CHAMBLISS and Sen- The amendment establishes uniform better. Their partnership on this effort ator NELSON. standards for the request and delivery will move us forward in the right direc- When the legislation was introduced of blank balloting material that takes tion toward ensuring every overseas in its original form, I raised concerns into account all available technologies. voter wishing to vote will be able to do with Senator SCHUMER about some of It makes sure all overseas voters have so. its provisions. He worked with me and time to vote by requiring States to Again, to my colleague from New my staff to address those concerns, and send out ballots to military and over- York, it has been a pleasure to work on the amendment before us today effec- seas voters at least 45 days before elec- this. It is one other asset that we can tively does so. That is why I am tion day. It utilizes expedited mail de- give to our men and women in uniform; pleased to now be a cosponsor of the livery services for our uniformed mem- that is, to make sure they have the bill. bers serving overseas, ensuring a time- ability to participate in what we all The difficulties our service personnel ly delivery of completed ballots. It es- take for granted but a very precious face in attempting to vote have been tablishes a requirement for service right, that being the right to vote.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7967 I yield the floor. This legislation harnesses technology AMENDMENT NO. 1564 Mr. NELSON of Nebraska. Mr. Presi- to speed up the voting process by al- The PRESIDING OFFICER. The Sen- dent, I rise in strong support of amend- lowing registration and ballot requests ator from Montana. ment No. 1764, better known as the to be sent electronically. It ensures Mr. TESTER. Mr. President, I come Military and Overseas Voter Empower- that military and overseas voters have to the floor today to say a few words ment Act. I wish to express my appre- time to vote by requiring ballots to be about amendment No. 1564, an amend- ciation to Senators SCHUMER and sent out 45 days before the election and ment I am seeking agreement on, and CHAMBLISS for their leadership and ex- allowing blank ballots to be sent elec- hopefully we will achieve agreement cellent work on this issue and acknowl- tronically. It also provides some flexi- between the majority and minority. edge the outstanding support and con- bility to States that cannot meet the This amendment will allow but not re- tributions of Senators BENNETT and 45-day deadline, as long as they come quire the Secretary of each service CORNYN, whose involvement has im- up with an alternative plan to ensure branch to allow family members of proved this bill and whose ongoing sup- time to vote. In addition, it will har- fallen servicemembers to attend one port will help us enact it into law. This ness the creativity of States and local memorial service as a way of helping effort has been constructive and bipar- officials by authorizing pilot projects to honor those who give their lives to tisan all the way, as evidenced by our to test new voting technology, with ap- our Nation. Although the Defense De- list of 58 bipartisan cosponsors, and I propriate safeguards for privacy and se- partment’s current regulations permit am very proud of the bill we have pro- curity. The legislation also requires the services to provide transportation duced. the Department of Defense to play a of family members to the burial service We owe it to our men and women in more significant role in facilitating of a servicemember killed on Active uniform to protect their right to vote. voter registration and in collecting and Duty, the regulations do not allow And for military and overseas voters, returning voted ballots in cooperation travel to memorial services. This can that right is only as good as their abil- with the Postal Service. be particularly painful when a parent ity to cast a ballot and have it count- The MOVE Act, as we call it, has the or sibling cannot afford to travel to a ed. For years, we have known of the ob- support of the Alliance for Military memorial service held by a unit or stacles these brave Americans face in and Overseas Voting Rights, which is a even other family members. exercising their right to vote, often coalition of over 30 military associa- Although some charity groups have when far from home and in harm’s way. tions, nonprofit organizations, elected been able to help families attend me- I firmly believe this legislation will officials, and student groups dedicated morial services for their fallen loved make a huge impact in empowering our to ensuring that Americans abroad ones when servicemembers die in serv- military and overseas voters to have have an equal right and opportunity to ice to their country, it is the govern- their votes counted, no matter where vote. We also have the support of many ment’s moral obligation to help their they find themselves on election day. other groups, including the National families in every possible way. This is Simply put, the status quo for these Association of County Officials, which not an abstract problem; it is all too voters is unacceptable. It is hard for is especially important because having military families to keep their voter real to some families. the support of State and local officials A little over a year ago, on May 1, registration information current, and means that our efforts are endorsed by 2008, a soldier with a family in both it is often difficult to deliver ballots to the people who actually carry out elec- Montana and Arizona was seriously overseas voters in enough time for tions in this country, which can often them to vote and return the ballot by wounded while serving in Iraq. Four be a thankless job. days after being injured he was being the time the polls close. In conclusion, I would like to thank The poor results from recent elec- transferred from an Army hospital in all 57 of the amendment’s cosponsors, Germany to Walter Reed. While en tions speak for themselves. In 2008, sta- especially Senators SCHUMER and tistics from the seven States with the route, the soldier’s injuries worsened CHAMBLISS and the others I mentioned and the plane was diverted to Halifax, greatest number of deployed troops who have shown real leadership on this show that one in four military and Nova Scotia. It was there that he issue. This amendment is bipartisan, passed away on May 15. overseas voters were unable to have noncontroversial, and necessary to their vote counted. In 2006, the situa- Like too many children today, this solve a persistent problem that has soldier grew up with divorced parents. tion was even worse: according to the dogged our troops and overseas voters U.S. Election Assistance Commission, His father is a constituent of mine. His for years. We tackle those problems mother is a constituent of the distin- up to two-thirds of ballots requested by head-on, and I think we will see real, voters under the Uniformed and Over- guished ranking Republican on the tangible results from this legislation. Armed Services Committee. When his seas Citizens Voting Act were either Mr. President, it is our responsibility family and friends in Phoenix orga- not cast or not counted. to ensure the right to vote for the men nized a memorial service for him, his We discussed these numbers and and women of our Armed Forces and father asked the casualty affairs offi- heard testimony from State and local others serving overseas; they protect cer assigned to him if the Army could officials at a hearing in the Rules Com- our rights, and we have an opportunity pay for him to attend the memorial mittee earlier this year. The chal- today to return the favor by passing service. He was told, no; that it is not lenges we face are significant, but a the MOVE Act. I urge the amendment’s an authorized expense. The Army can- number of very excellent recommenda- adoption. not pay for such a plane ticket. tions were made at that hearing, and The PRESIDING OFFICER. The Sen- My office was contacted, and we were Senators SCHUMER and CHAMBLISS and I ator from New York. immediately got to work on a common- Mr. SCHUMER. Mr. President, I will able to work out with a nonprofit orga- sense bill to improve and streamline note that this amendment passed nization to obtain a plane ticket for the process for these voters. The bill unanimously out of the Committee on the soldier’s father to attend the me- we came up with was amended and re- Rules, which has joint jurisdiction, last morial service but only after consider- ported unanimously by the Rules Com- week. able frustration and pain. mittee last week. The product of that I yield back all remaining time. This amendment would make travel effort is now before the Senate as an The PRESIDING OFFICER. The to a single memorial service an author- amendment to the Defense bill. question is on agreeing to amendment ized expense. It is supported by the I urge the adoption of the amend- No. 1764. Gold Star Mothers. ment, and I will push for it to be en- The amendment (No. 1764) was agreed Our troops and veterans have earned acted into law in this bill, because as to. every benefit and every paycheck they State and local election officials know, Mr. LEVIN. Mr. President, I move to get from our country. Every single voting reforms need to be put in place reconsider the vote. Member of the Senate has been stead- well in advance. The way they see it, Mr. SCHUMER. I move to lay that fast in that support. But the families of the next Federal election is right motion on the table. folks who serve this country have around the corner. Now is our chance The motion to lay on the table was earned our Nation’s support and re- to make a difference for 2010. agreed to. spect as well. Sometimes we do not do

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Without for the work they have done on this dealerships in Montana and across objection, it is so ordered. bill and, hopefully, the work they did rural America, who are hurting. Mr. MCCAIN. Mr. President, I under- to get this amendment accepted. With its $50 billion in taxpayer funds, stand we are hopefully close to an I also wanted to take some time this General Motors recently emerged from agreement on the Kyl amendment and afternoon to speak about a dire situa- bankruptcy, and with its first repay- then we could set up, following that tion in Columbus, MT. At this moment ment on the $50 billion owed to the agreement, the Burr amendment, fol- there are 1,300 employees of the Still- American taxpayer, the new GM has lowed by an Akaka amendment, and water Mining Company who are going decided to dump its only domestic sup- our staffs will be working on further to work wondering about the future of plier of palladium. They have failed to amendments so our colleagues will their company and the future of their present a significant need to do busi- know. jobs. Yesterday a bankruptcy court in ness with foreign suppliers when they Mr. LEVIN. Our goal is precisely New York nullified a contract between can contract with a company right that. We are trying to work out an Stillwater Mine, the only palladium here in America that employs more agreement with Senator KYL. Staffs and platinum producer in the United than 1,300 hard-working Americans. are trying to work out a time agree- States, and General Motors. General For the last decade, Stillwater has ment. The order, though, hopefully will Motors petitioned the bankruptcy supplied GM with palladium and rho- be Senator BURR and then Senator court to drop its precious metals con- dium, which are used to make catalytic AKAKA. But we have to make sure the tract with the Montana mining com- converters that filter pollutants from proper committees are notified that pany so it can instead use foreign, vehicle exhaust. The palladium sales to are involved in those amendments, and cheaper suppliers based outside this auto companies accounted for 42.8 per- then we could, I think, have a unani- country, specifically in Russia and cent of Stillwater’s revenue last year. mous consent agreement. That is our South Africa. I would have a big prob- General Motors’ rejection of its con- goal. lem under any circumstances for an tract with Stillwater will result in Mr. MCCAIN. I thank the chairman. American corporate icon to choose for- company losses of about $500,000 per For the benefit of our colleagues I still eign suppliers over a viable American month and almost certainly means los- think it is possible—and I think the option, but when we consider that Gen- ing countless good-paying American chairman would agree—to finish up by eral Motors only exists today due to jobs—and those American jobs, in this tonight, if we could have expeditious the direct assistance of the American case, happen to be in Montana. handling of the amendments but which taxpayer, this decision is appalling and Stillwater is one of Montana’s larg- may require us to finish by tomorrow, weakens our American manufacturing est employers. The economic well- I hope. base. being of 1,300 Montanans at Stillwater Mr. LEVIN. I am very pleased to hear As a member of the Senate Banking who work at the mines in Nye and Big the optimistic assessment. I can’t hon- Committee, I attended the marathon Timber is no doubt in serious trouble. estly say I share that optimism, but I hearings late last year where the do- GM’s actions threaten the well-being of will be delighted to be surprised. mestic automakers pleaded for govern- families, numerous small communities, Mr. MCCAIN. Mr. President, I ask ment assistance. On November 18 of and dozens of interconnected Montana unanimous consent to speak as in last year, I relayed to executives from businesses. morning business while we are waiting Ford, Chrysler and, yes, GM the impor- Immediately after the court ruled for the outcome of the negotiations tance of spending taxpayer funds in the against Stillwater and its employees, I that I had a colloquy with the chair- United States. I said I would have to joined with the senior Senator from man about. ask: Where is the money going to be Montana, MAX BAUCUS, in urging Gen- The PRESIDING OFFICER. Without spent, who is it going to be spent on, eral Motors to reconsider their decision objection, it is so ordered. and what country is it going to be to choose foreign suppliers over a prov- EARMARK REFORM spent in? Those are all critically im- en domestic partner. Mr. MCCAIN. Mr. President, I have portant questions. I still hope they make the right deci- long spoken about the broken appro- If we are using taxpayer dollars, from sion and realize the new GM only exists priations process and the corruption it my perspective, it ought to be spent in today because of the American tax- breeds. I remain deeply concerned over the United States. In response, I was payers—taxpayers such as the Mon- the damage done to our country and, assured that taxpayer funds would be tanans who work at the Stillwater indeed, this institution by their contin- spent domestically to rebuild the auto mines. Maybe they do not care about ued abuse. I ask my colleagues: How manufacturers. By negating Still- placing American jobs at risk, but the many more pay-to-play scandals will it water’s contract, GM is not investing fact is—as I do, and we do—they take before we enact comprehensive domestically. They are not investing in should. and meaningful earmark reform? American jobs. They are not investing I cannot express adequately today Look at the scandals over the last 5 in this country. It goes against the the disappointment I have had and that years alone: Former U.S. Representa- grain when we see a viable company I have with GM’s decision to negate the tive Randy Cunningham sits in a Fed- that has recently gotten into trouble, contract with Stillwater Mining. It is eral prison today for selling earmarks. such as GM, go against what they told part of that manufacturing base that I Among the many bribes Cunningham me in committee. think is so critically important to this admitted receiving was the sale of his When General Motors came pleading country, and they are turning their house at an inflated price; the use of a to the Senate late last year, they spoke back on it. yacht, free; a used Rolls Royce; antique of the fate of their employees, but they With that, I yield the floor, Mr. furniture; Persian rugs; jewelry; and a also spoke of the fate of small parts President. $2,000 contribution for his daughter’s manufacturers, miners, dealerships, I suggest the absence of a quorum. college graduation party. In return, he and other interconnected businesses The PRESIDING OFFICER. The earmarked untold millions of dollars dependent on GM. clerk will call the roll. and pressured the Department of De- I voted against giving taxpayer dol- The assistant legislative clerk pro- fense to award contracts to his co- lars to the auto manufacturers, just as ceeded to call the roll. conspirators. I voted against the Wall Street bailout. Mr. MCCAIN. Mr. President, I ask Of course, Senator DORGAN and I The auto manufacturers didn’t con- unanimous consent that the order for spent nearly 2 years investigating the vince me they would spend the money the quorum call be rescinded. Indian lobbying practices of Jack

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An ex-official in tober of 2005, the Air Force Research tionale it was ‘‘last year’s business,’’ the Department of Justice pled guilty Lab awarded Coherent an $8.1 million even though it was passed this year. to accepting bribes for helping Mr. contract to deliver four Ground Mobile Two weeks ago, the Senate approved Abramoff’s client secure millions of Gateway Systems. An $8.2 million ear- a $44 billion Department of Homeland dollars to build a jail. In all, over 20 mark contained in a tsunami relief bill Security appropriations bill. It was people—including an ex-Congressman, funded the contract. Get that: It was over $200 million more than last year’s administration officials, congressional for a Ground Mobile Gateway System bill and almost $100 million more than staffers, and lobbyists—have been in- included in a tsunami relief bill. Not the President’s budget request. It, too, dicted, convicted or pled guilty. surprisingly, Coherent had lobbied for was laden with numerous unrequested, The Department of Justice investiga- that earmark. At the time, Coherent unauthorized earmarks added at the di- tion into this matter still continues to was represented by a firm called KSA rection of members of the Appropria- this day. Consulting. tions Committee in the Senate. Rest We have today multiple pay-to-play Coherent submitted to the govern- assured, we will see more earmarks in scandals unfolding before our eyes. We ment at least $1.8 million in purchase the other appropriations bills that read weekly, almost daily, news article orders outside the scope of the Air come to the floor later this year. Even after news article about numerous Force contract. What did the govern- the pending fiscal year 2010 national criminal investigations revolving ment get for its $1.8 million? Coherent defense authorization bill is not insu- around earmarks. Take, for example, paid two subcontractors, which were lated from the practice. the ongoing criminal investigation also represented by KSA Consulting, Americans all over the country are into the PMA Group. Most Americans almost $600,000 for software that was hurting. People are losing their jobs, have probably never heard of the PMA not called for under the Air Force con- their savings, and their homes. So Group. The PMA Group was a DC lob- tract. What did Coherent do with the what do we do? We continue this dis- bying firm with deep ties to Capitol software? It literally threw the soft- graceful earmarking process, elevating Hill and a reputation for securing lu- ware in a closet where it sat collecting parochialism and patronage politics crative earmarks for its clients, espe- dust. over the true needs and welfare of this cially defense earmarks. As I have said Coherent paid another subcontractor Nation. The President pledged during many times, it is the ‘‘Willie Sutton $650,000 for the delivery of five proto- his campaign he would work to elimi- Syndrome,’’ because when he was types, also not part of the prime con- nate earmarks. The Speaker of the asked why he robbed banks, he said: tract. Some reports suggest that this is House promised to drain the swamp. ‘‘That’s where the money is.’’ The rea- the same subcontractor that allegedly Given the abysmal state of our econ- son why a lot of these corrupting ear- bribed Coherent’s president and whose omy, Americans can no longer wait for marks came out of defense is because offices the FBI raided earlier this year. them to make good on their promises. that is where the money is. Coherent also paid Schaller Engi- Earmark reform is needed and it is The PMA Group boasted more than neering, a former PMA client, $200,000 needed now. $15 million in revenue last year. The for technology that was never deliv- Mr. President, I ask unanimous con- PMA Group clients reportedly received ered. We now know where the money sent that the following articles be $300 million in defense earmarks for went. On July 21, 2009, Roll Call re- printed in the RECORD: fiscal year 2008 and $317 million for fis- ported that the former Air Force con- July 21, 2009: ‘‘Ex-Air Force Em- cal year 2009. The PMA Group and its tracting official, on the Mobile Com- ployee Pleads Guilty in Case Tied to clients spread around a lot of campaign mon Data Link Gateway program, pled Murtha Earmark.’’ contributions in an attempt to curry guilty to ‘‘skimming money from an The Hill, July 21, 2009: ‘‘Second Con- favor with lawmakers. earmark that was provided to a Penn- tractor Pleads Guilty in Earmark Last November, the Federal Bureau sylvania defense contractor.’’ In his Probe.’’ of Investigation raided PMA’s offices plea agreement, the official admits to July 21, 2009: ‘‘Inquiries Focus on and the home of its founder, Paul approving invoices that were not part Subcommittee Ties.’’ Magliocchetti. According to news re- of the contract and then taking the July 15, 2009: ‘‘Ex-Defense Contractor ports, prosecutors were initially fo- kickback from the defense contractor. CEO Enters Fraud Guilty Plea.’’ cused on whether Mr. Magliocchetti This is outrageous, but I also believe Washington Post, February 14, 2009: used a Florida wine steward and a golf it is only the tip of the iceberg. We will ‘‘Despite Listing, Donors Don’t Work club executive as a front to funnel ille- undoubtedly see the continued march For Firm Being Probed.’’ gal donations to lawmakers. The Wash- of news reports about further indict- There being no objection, the mate- ington Post examined campaign con- ments and guilty pleas. rial was ordered to be printed in the Earmarks breed corruption, purely tributions reportedly given by employ- RECORD, as follows: ees of the PMA Group and found listed and simply. The current earmarking [From Roll Call, July 21, 2009] in donor records ‘‘several people who process doesn’t stop it or adequately were not registered lobbyists and did guard against it. So I ask my col- EX-AIR FORCE EMPLOYEE PLEADS GUILTY IN CASE TIED TO MURTHA EARMARK not work for the lobbying firm,’’ in- leagues: How many more scandals must cluding a 75-year-old California man we suffer before we enact meaningful (By Paul Singer) who had never even heard of the firm. earmark reform? How low must A former Air Force employee pleaded Since then, the Department of Jus- Congress’s approval rating sink before guilty Monday to skimming money from an earmark that was provided to a Pennsyl- tice has raided the offices of a number we act to repair this institution’s rep- vania defense contractor by Rep. John Mur- of PMA clients and their business part- utation? How many more lawmakers, tha (D–Pa.). ners. A Federal grand jury reportedly staffers, government officials, and con- In the plea agreement, Mark O’Hair admits subpoenaed records from one U.S. Rep- tractors have to go to jail before we ac- he was the Air Force official responsible for resentative’s congressional and cam- tually fix this process? evaluating contract proposals and making paign offices and the FBI is inter- Unfortunately, Congress’s ear- technical evaluations of contracts under the viewing his staffers. marking practices have grown worse, ‘‘battlefield airman’’ program, which was de- Last week, we read about yet another not better, just about every year I have signed to integrate battlefield communica- scandal involving people and firms in served in the Senate. This year prom- tion technology. According to the plea agreement, filed in a PMA’s orbit. According to a July 15 As- ises to be the worst. We began the year federal court in Florida, in May 2005, ‘‘Con- sociated Press news article, the former by passing a $400 billion Omnibus ap- gress passed a tsunami relief act which in- head of the defense contractor, Coher- propriations bill with almost 9,000 ear- cluded within the provisions of the act an ent Systems International, pled guilty marks in it. Contrary to his promise to $8.2 million earmark for the development of

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7970 CONGRESSIONAL RECORD — SENATE July 23, 2009 the ‘Mobile Common Data Link Gateway.’ O’Hair is the second defense contractor in And while the criminal investigations heat Coherent Systems International, Inc. (CSI) a week to plead guilty and agree to cooper- up at DOJ, House Speaker Nancy Pelosi (D– had lobbied for this earmark appropriation.’’ ate with a federal probe of an earmarked Calif.) is not protecting her members, letting Roll Call reported in June that Coherent contract Murtha directed to several compa- ethics inquiries move ahead inside the was represented by KSA Consulting, the lob- nies. House. The ethics committee has begun a bying firm that employed Murtha’s brother, Last week, Richard Ianieri, the former preliminary review of lawmakers’ ties to Kit, and that the Congressman had provided chief executive of Coherent Systems Inter- PMA, after Democrats initially blocked such this earmark to Coherent by eliminating the national Corp., pleaded guilty to accepting a probe. same sum from a project that had been des- $200,000 in kickbacks. He received the kick- ‘‘We are going to let the chips fall where ignated for a previous client of his brother’s backs from companies that he had parceled they may,’’ said a top aide to one Demo- firm. off some portions of the contract to; how- cratic leader. ‘‘If they did something wrong, O’Hair admits in the plea agreement that ever, he received little to no concrete work they are going to have to pay for it. We’re he approved several purchase orders from Co- in return. not going to cover anything up for them.’’ herent for items that were not part of the Murtha is not accused of any wrongdoing The seemingly constant questions about Gateway project, including $275,000 to in either case. Murtha and his relationship with legally VidiaFusion Inc. and $300,000 to Gensym, O’Hair’s sentencing hearing is scheduled troubled contractors have caused the most both for software that was provided but for October. political headaches for Pelosi, who pledged never used. Gensym and VidiaFusion were to stop the ‘‘culture of corruption’’ she be- both clients of KSA as well. [From Politico, July 21, 2009] lieves thrived under the Republican-con- O’Hair also approved a payment of $650,000 trolled Congress. INQUIRIES FOCUS ON SUBCOMMITTEE TIES In November, the FBI raided the offices of to Kuchera Industries—a firm close to Mur- (By John Bresnahan) tha that was raided by the FBI earlier this the PMA Group. Murtha has received more year for products that were not part of the The Appropriations Defense Sub- than $2.7 million in campaign donations from Gateway contract, and $200,000 to Schaller committee—always considered the high altar PMA, its lobbyists and clients over the past Engineering for ‘‘target tags’’ that were of congressional spending power—has sud- decade, but there have been no charges filed never provided. Schaller was represented by denly become a liability for lawmakers until now. The PMA search was followed in January by another federal raid on Kuchera the PMA Group lobbying firm, which was touched by criminal inquiries scrutinizing Defense Systems, a Pennsylvania firm that raided by the FBI in November. the nexus of lobbyists, earmarks and Pen- Richard Schaller, the founder of Schaller tagon contracts. has received more than $50 million in federal contracts via Murtha earmarks. Engineering, then distributed the $200,000 to Just in the past week: A Pennsylvania Last Wednesday, Richard ‘‘Rick’’ Ianieri, O’Hair though another company he created businessman with ties to Rep. John Murtha former CEO of Coherent Systems Inter- and to his business partner Thomas Sumrall, (D–Pa.) pleaded guilty in a kickback scheme, leading to new questions about Murtha’s role national, pleaded guilty to taking $200,000 in according to the plea agreement. Sumrall kickbacks from a subcontractor on an $8.2 has also pleaded guilty in the case, but in getting earmarks for his brother’s lob- bying business. FBI agents raided a Florida million Air Force contract earmarked by Schaller has not. Murtha. Coherent’s lobbyist was Robert Richard Ianieri, the former CEO of Coher- company linked to Rep. Bill Young (R–Fla.), ‘‘Kit’’ Murtha, the congressman’s brother, ent Systems, pleaded guilty July 14 to leading Young to withdraw a $4 million fund- who helped them win that earmark. charges linked to the same scheme. He has ing request for the firm the next day. And Rep. Pete Visclosky (D–Ind.) asked the Fed- ‘‘We had no knowledge of these disturbing also pleaded guilty in a Pennsylvania court transactions, and if they are true, then the to taking kickbacks from a subcontractor eral Election Commission for permission to use his campaign funds to pay legal bills of individuals and companies in question referred to as ‘‘K’’ for favorable treatment should be held accountable under the law,’’ under government contracts. Coherent current and former staffers as part of the in- vestigation into the PMA Group, a lobbying said Matt Mazonkey, Murtha’s spokesman. worked closely with Kuchera Industries and On the same day that Ianieri pleaded shared a facility with the company. Bill shop that specialized in defense earmarks. None of these lawmakers, who oversee guilty, federal agents raided Conax Florida Kuchera, the owner of Kuchera Industries, Corp. of St. Petersburg, Fla. Young has ear- has not been charged in the case. more than $500 billion in Pentagon spending, have been accused of wrongdoing, and no one marked more than $28 million for Conax, a Roll Call has previously reported that maker of safety devices for NASA and the Kuchera, Sumrall, Schaller, Ianieri, O’Hair other than Visclosky and his former chief of staff, Charles Brimmer, has even been sub- Pentagon, since 2005, according to the St. Pe- and two KSA executives—Ken Stalder and tersburg Times. Richard Weiss—as well as a staffer from Rep. poenaed at this point. But this web of legal actions, all focused According to the Federal Election Com- Murtha’s district office met with several mission record, Young received $6,000 in cam- other defense contractors in September 2005 on suspicious ties between lobbying, military contractors and the billions in funding they paign contributions from Conax employees. at the Nemacolin resort in Pennsylvania to Young has never attracted the same kind receive, has once again cast a negative light discuss opportunities to provide communica- of scrutiny for his earmarks as Murtha, al- on the relationship between lawmakers and tion technologies to the military. though the St. Petersburg Times reported earmark recipients. Murtha has not been accused of any wrong- last year that Young steered more than $73 At this point, it’s unclear whether the sep- doing in the case, and his office has said that million in federal funds to a defense firm and arate Justice Department actions are part of anyone involved in illegal activity connected nonprofit groups where two of his sons work. to the project should be punished. one broad investigation into earmarking and ‘‘You’re going to have a hard time, with government contractors or are separate Young, finding people to say he’s somehow [From the Hill, July 21, 2009] probes on different tracks. dirty or put him in the same category as But the Department of Justice has cer- Murtha,’’ said a former Appropriations Com- SECOND CONTRACTOR PLEADS GUILTY IN tainly focused on some of the most powerful EARMARK PROBE mittee aide. members of Congress. Murtha is chairman of Visclosky, the least well-known of the de- (By Susan Crabtree) the Defense Subcommittee, while Young, fense appropriations trio, meanwhile, is A former Air Force contractor pleaded who chaired the full Appropriations Com- searching for ways to cover his legal bills— guilty Monday to a false statement and con- mittee for six years, is currently ranking and those of his staffers snared by his inves- flict-of-interest charge in a widening case in- member of the panel. In addition to serving tigation. volving several defense companies with ties on Defense, Visclosky is chairman of the Ap- Visclosky and Brimmer were issued sub- to Rep. John Murtha (D–Pa.). propriations Energy and Water Sub- poenas last month by a federal grand jury in Mark O’Hair faces up to 10 years in prison committee. Washington that is investigating PMA. and a $500,000 fine for omitting any reference All three lawmakers have consistently ‘‘It is possible that additional subpoenas or to his position as a director of a defense com- pushed tens of millions of dollars in ear- requests for information could be forth- pany on financial disclosure forms required marks for companies back in their districts. coming for additional current and/or former for his position as a civilian program officer. While Murtha may be the most well-known staff members,’’ wrote Michael Malczewski, The company received more than $200,000 in practitioner of the trade, both Young and Visclosky’s treasurer. government contracts while O’Hair was in Visclosky are masters of earmarking, as With his reputation harmed by the PMA charge of awarding contractors for the Air well. controversy, Visclosky has temporarily Force Research Laboratory at Eglin Air ‘‘The chickens are coming home to roost,’’ stepped aside from overseeing the energy and Force Base in Florida. said Steve Ellis, vice president of Taxpayers water spending bill. He has also given up After retiring from the Air Force in 2001, for Common Sense, a government watchdog $18,000 in PMA-related contributions. O’Hair became the senior electronic engineer group that opposes earmarking. While this swirl of legal action around with the Air Force Research Lab Munitions. The Justice Department is ‘‘beating the companies and lobbyists looks bad for these Two years later, he became the contracts drums, that’s for sure. They’re really stir- lawmakers, it’s important to point out that program manager for the Battlefield Airman ring things up,’’ said a former Appropria- none of them have been accused of enriching program, which was designed to improve the tions Committee staffer turned lobbyist. themselves personally—and that’s what military’s battlefield communications sys- ‘‘Everyone is kind of waiting for the next brought down lawmakers in other recent tems. shoe to drop.’’ cases.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7971 The charges against former Reps. Bob Ney The Florida charges concern a Coherent Federal election laws limit the amount of (R–Ohio), Jim Traficant (D–Ohio), William contract given through the Air Force Re- money individuals may contribute to can- Jefferson (D–La.) and Rick Renzi (R–Ariz.) search Laboratory to deliver four Ground didates, but lobbying firms often show their and Sen. Ted Stevens (R–Alaska) involved Mobile Gateway Systems, which are designed clout by collecting and bundling contribu- taking official actions that directly bene- to help soldiers and pilots trace U.S. units tions. It is illegal for employers to reimburse fited their own wallets. and cut down on friendly fire. donors for their contributions. ‘‘To my knowledge, none of these cases The United States paid Coherent $5.9 mil- The Washington Post examined contribu- that are being discussed in the press have lion to build the systems. According to fed- tions that were reported as being made by come up with any evidence of that at all,’’ eral court papers, Coherent subsequently PMA employees and consultants, and found noted Scott Lilly, a former staff director for paid about $1.8 million to subcontractors for several people who were not registered lob- the House Appropriations Committee who is the delivery of software and materials that byists and did not work at the lobbying firm. now a senior fellow at the Center for Amer- were not part of the contract. It is unclear whether the donors ican Progress. Ianieri was charged with presenting pur- misidentified as PMA associates are part of But the scrutiny of the Department of Jus- chase orders to the Air Force that he knew the federal probe. tice into who gets earmarks and how they were ‘‘false, fictitious and fraudulent,’’ court A PMA spokesman said the firm’s manage- get them must be rattling Capitol Hill. records state. ment does not know Hoffman or Hendricksen ‘‘They realize that even with the best of in- Murtha also has ties to lobbyists for some and does not know how the errors were made tentions, you really need to know a lot about of the companies under scrutiny. His brother in reports to the Federal Election Commis- the people who are being helped by this proc- worked from 2004 to 2006 for KSA Consulting, sion. ess,’’ Lilly added. ‘‘And you need to know of Rockville, Md., which lobbied for Coher- ‘‘It’s up to the campaigns to report con- they’re on the level.’’ ent. Another lobbying firm, PMA Group, rep- tributions in their FEC filings,’’ said PMA resented two of the companies involved in spokesman Patrick Dorton. EX-DEFENSE CONTRACTOR CEO ENTERS FRAUD the Florida investigation. FEC spokeswoman Mary Brandenberger Founded by a lobbyist who has long been GUILTY PLEA said she has not often seen such close to Murtha, PMA and its defense con- (By Christine Armario) misidentified donations, but if a complaint tractor clients have donated over $2 million were received, the commission would first PENSACOLA, FL. (AP).—The former chief to Murtha’s re-election campaigns and to his question the campaign about its record- executive of a defense contractor with ties to political action committee over the years. keeping. Rep. John Murtha pleaded guilty in federal Ianieri’s attorney, W. Thomas Dillard, of Jan Witold Baran, a campaign finance and court Tuesday to a kickback scheme and de- Knoxville, Tenn., declined to comment after ethics expert and Wiley Rein lawyer, said the frauding the Air Force, and promised to co- the hearing. He would not address questions errors pose serious questions and should be operate in an ongoing criminal investiga- regarding whether Murtha had sponsored an cleared up. tion. $8.2 million earmark that included the ‘‘It’s true that candidate campaigns have Federal prosecutors said Richard S. Ianieri money for Coherent. Murtha’s spokesman the responsibility for disclosure, but the in- solicited kickbacks from a subcontractor in also has refused to say whether the congress- formation they obtain usually comes from Pennsylvania while he headed Coherent Sys- man was the sponsor. the contributor or the person who solicited tems International Corp. Ianieri also was Dillard also refused to say whether his cli- from the contributor,’’ Baran said. ‘‘The charged with filing false purchase orders re- ent could implicate Murtha or other mem- question is: Where did that information lated to an Air Force contract in Florida. bers of Congress in allegedly illegal conduct. come from?’’ Ianieri pleaded guilty to both charges dur- Murtha aide Matthew Mazonkey said the ing a hearing in Pensacola and is scheduled [From The Washington Post, Feb. 14, 2009] congressman was not the recipient of the er- to be sentenced in September. He could face DESPITE LISTING, DONORS DON’T WORK FOR roneous donations. up to 15 years in prison. FIRM BEING PROBED PMA, founded in 1989 by Magliocchetti, a A nine-page plea agreement that Ianieri (By Carol D. Leonnig) former Murtha aide to the House Appropria- signed says the government will urge a light- Marvin Hoffman is listed in campaign fi- tions Committee, has enjoyed a high success er prison sentence if he provides substantial nance records as one of the many lobbyists rate in winning earmarks for its clients, assistance ‘‘in the investigation or prosecu- with the powerful PMA Group donating which include such major defense contrac- tion of other persons who have committed money to lawmakers. But Hoffman is a soon- tors as Lockheed and General Dynamics. offenses.’’ to-retire information technology manager in PMA also represents a circle of lesser-known Following Ianieri’s plea, Murtha spokes- Marina del Rey, Calif., who has never heard but also successful contractors such as man Matthew Mazonkey said it is not the of the Arlington lobbying firm or the Indiana Argon ST, MTS Technologies, DRS Tech- congressman’s job to oversee companies and congressman to whom he supposedly gave nologies and Advanced Acoustic Concepts. that ‘‘if they broke the law, then they should $2,000. Many PMA clients have opened offices in be held accountable for their actions.’’ ‘‘It’s alarming that someone is stealing my Murtha’s western Pennsylvania district, do- Murtha, D–Pa., has directed hundreds of identity somewhere,’’ Hoffman, 75, said in an nated generously to him, and received mil- millions of dollars in government contracts interview. ‘‘I’ve never heard of this com- lions in earmarks requested by the congress- over the years to Coherent and other defense pany.’’ man. contractors through a process called ear- Another contributor listed as a PMA lob- In the last election cycle, PMA and its cli- marking. byist is, in fact, a sales manager for an in- ents donated $775,000 to Murtha’s campaigns. ‘‘This case isn’t about earmarks,’’ said flatable boat manufacturer in New Jersey. Last year, those clients received earmarks Mazonkey. ‘‘It’s about individuals within the John Hendricksen said he did make cam- worth $299 million and arranged by Murtha defense industry and the Defense Depart- paign donations but never worked at PMA and his colleagues. ment accused of defrauding the govern- and does not know how he ended up listed in The majority of PMA’s 35 lobbyists had ment.’’ records that way. worked on Capitol Hill or at the Pentagon. Executives at Coherent and two other com- These errors, along with other unusual do- Several of the top lobbyists were also PMA panies named in court papers in Ianieri’s nations linked to the firm, come as the Jus- directors and had ties to lawmakers. Florida case have donated over $95,000 to tice Department examines allegations that Two men listed in campaign finance re- Murtha’s re-election campaigns and his po- PMA may have violated campaign finance ports as together giving $30,000 to lawmakers litical action committee since 2002, accord- laws. The offices of PMA, which ranked last and being part of the PMA Group team are ing to Federal Election Commission records. year as the 10th-largest Washington lobbying not Washington lobbyists at all. They live One of the companies is Kuchera Industries firm by earnings, were raided in November and work in the Florida resort community of Inc. of Windber, Pa about 10 miles from Mur- by FBI agents and Defense Department in- Amelia Island, where PMA founder tha’s political home base of Johnstown. vestigators. Magliocchetti has a beachfront condo- A felony information filed in Pittsburgh Federal investigators are focused on alle- minium. Both are listed as directors of PMA. states that Ianieri was given two kickbacks gations that PMA founder Paul John Pugliese had been a sommelier at the totaling nearly $200,000 from a company Magliocchetti, a former appropriations staff- posh Ritz-Carlton Hotel on the island, his identified only as ‘‘K’’ for ‘‘improperly ob- er close to Rep. John P. Murtha (D–Pa.), may family said. Jon C. Walker is in charge of taining and rewarding favorable treatment’’ have reimbursed some of his staff to cover golf marketing at the neighboring Amelia Is- regarding a defense subcontract. contributions made in their names to Mur- land Golf Club, according to club personnel In an April 2006 news release, Murtha an- tha and other lawmakers, according to two and its Web site. They each donated iden- nounced that Coherent and Kuchera Defense sources familiar with the investigation. PMA tical amounts to the same lawmakers, in 12 Systems were working ‘‘virtually as one has long had a reputation for securing ear- installments each, almost always on the company’’ on 14 contracts worth $30 million marks from congressional appropriators, same date. to develop high-tech military gear. particularly for defense contractors, and it Walker and Pugliese did not return re- Kuchera’s offices were raided by federal has donated generously to influential mem- peated phone calls and messages. agents in January. Kuchera built high-tech bers of Congress. Magliocchetti personally Pugliese is listed as a PMA Group ‘‘asso- military components that Coherent de- gave $98,000 in campaign donations last year, ciate,’’ and Walker is a PMA Group ‘‘consult- signed. according to campaign records. ant’’ in finance records.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7972 CONGRESSIONAL RECORD — SENATE July 23, 2009 Rebecca DeRosa, who is listed as a part- workers across the Department of De- Despite the heroic efforts by Senator time accountant at PMA and director, re- fense. MIKULSKI from Maryland, the study cently married Magliocchetti and has given I had the great honor to serve the continued and the problems persisted generously on PMA’s behalf for several people of Pennsylvania for 8 years—two at the facility. In 2008, GAO conducted years. Last year alone, she personally gave $73,000 to lawmakers and congressional polit- terms as auditor general of the State— reviews of the cost comparison process ical action committees, records show. For where I was a fiscal watchdog looking at the Department of Labor and the most of those donations, she is listed as a after money spent, and I audited and Forest Service, finding it impossible to PMA employee. Her donations included sometimes investigated how money verify cost savings. They concluded at $22,000 to the Democratic Congressional was spent; then 2 years as State treas- that time that the problems with the Campaign Committee and $4,250 to Rep. urer. So I have a sense of what govern- A–76 process were systemic. James P. Moran Jr. (D–Va.). ment studies and reviews entail. Some- Today, the Department of Defense is DeRosa did not answer her phone or return times they take too long and defeat the the only agency with A–76 studies in calls to the Gaithersburg office of the DRS the process. According to the DOD, subsidiary, where she is listed as an em- purpose because of their length. Some- ployee. times they should be doing their jobs there are almost 30 A–76 studies still in process, involving about 3,600 employ- Mr. MCCAIN. So I wish to tell my every day instead of responding to an ees. By next month, three-quarters of colleagues, I will be coming to the endless study. Some of the language is a little ar- these studies will be at least 2 years floor a lot and talking about this, old. A couple of examples bring this sometimes with charts. This practice cane, but when you talk about com- petitive sourcing, which is known, as a issue into clear life. has to stop. We cannot afford not only Currently, the Defense Logistics the earmarking because of the costs, lot of these things are in government— I hate to use acronyms or short Agency is reviewing 279 employees who but we can’t afford to have the contin- perform installation management serv- ued corruption that is associated with phrases—but competitive sourcing, in this context, is known as the A–76 proc- ices in my home State of Pennsylvania this. and also in Virginia and Ohio. Prior to I know some of my colleagues are of- ess. Here is basically what it is. You the study, this management of this fended when I use the word ‘‘corrup- agency said the A–76 study would be tion,’’ but when former Members of don’t need to know the numbers. We need to know what we are talking disruptive and recommended an inter- Congress are residing in Federal prison nal effort instead, believing it would and their aides and former staffers and about. It is a government-wide initia- tive that subjects functions performed lead to greater savings. However, as is others are indicted and convicted in the common practice, the savings for Federal court, I don’t know how you by government employees to public- private competition. We are all for this study have already been counted, can describe it as anything else. and the people who ran the A–76 pro- So we will be talking a lot more in competition and always have been. I believe many of my colleagues know in gram refused the request from the the days and weeks ahead. The Amer- agency management to scrap the ican people are sick and tired of it and this context we have some real prob- lems. study, as they should have. If it is not so am I. saving money and helping the tax- I suggest the absence of a quorum. This privatization process has been marked by controversy at great cost to payers, it should be scrapped. There- The PRESIDING OFFICER. The fore, 279 employees, some of whom clerk will call the roll. taxpayers. Many workers in the Fed- eral Government bring years of experi- work in Pennsylvania, are uncertain of The bill clerk proceeded to call the their future and have been forced to roll. ence, dealing with problems and deal- ing with particular programs; and they put off major life decisions. Mr. CASEY. Mr. President, I ask A similar situation is ongoing at also, because of that experience, bring unanimous consent that the order for West Point, where two studies continue a particular kind of expertise and skill the quorum call be rescinded. despite requests to terminate them. to that work. We all know what hap- The PRESIDING OFFICER. Without These decisions to proceed with studies pened just 2 years ago at Walter Reed objection, it is so ordered. in the face of unyielding and reason- Mr. CASEY. Mr. President, I rise to Army Medical Center. The list could go able opposition and alternatives are in- speak about an amendment I filed. I on and on, but here are a couple exam- deed troubling. ask unanimous consent to be recog- ples: appalling conditions for those who The amendment before the Senate nized for 12 minutes. serve our country, and run down facili- addresses these issues in a number of The PRESIDING OFFICER. Without ties and inadequate care for our return- ways. objection, it is so ordered. ing veterans. First, the amendment establishes a Mr. CASEY. Mr. President, I appre- All of this was uncovered back then, Department of Defense-specific, 1-year ciate the time to speak about this and I know improvements have been suspension of new A–76 studies, con- amendment to the National Defense made. Part of the problem rested with sistent with the government-wide sus- Authorization Act for fiscal year 2010 a 6-year cost comparison review, which pension included by Senator DURBIN in to implement a number of essential re- had an impact on the center’s staffing. the financial services appropriations forms to cost comparison studies at the In 2006, the Garrison Commander, who bill. Department of Defense. was responsible for managing base op- Secondly, my amendment closes the There is an old expression, prin- eration support activities at Walter loophole that currently allows certain cipally in the legal community, in our Reed, wrote that as a ‘‘direct’’ result of DOD functions to be given to contrac- system of justice, where they say ‘‘jus- the A–76 study, ‘‘we face the critical tors by converting smaller functions to tice delayed is justice denied.’’ That issues of retaining skilled clinical per- contractors without conducting any theme—not the same concept nec- sonnel for the hospital and diverse pro- cost comparisons. essarily—is part of what I am talking fessionals for the Garrison, while con- Third, our amendment establishes a about. When we are studying how gov- fronted with increased difficulties in 24-month time limit for how long stud- ernment agencies are delivering serv- hiring.’’ ies can last—from the beginning of pre- ices to the taxpayers, sometimes we Continuing with the quotation, ‘‘Due liminary planning to the final award study too long, and especially in the to the uncertainty associated with this decision. Currently, there are no estab- context of what I am about to speak of. issue,’’ meaning the review underway, lished time limits on A–76 studies, I do thank the cosponsors of this ‘‘Walter Reed continues to lose other which only increases the costs. amendment, several Senators, includ- highly qualified personnel.’’ Fourth, the amendment addresses ing Senators BROWN, SCHUMER, MIKUL- That was then, at the time; he wrote issues pending with A–76 studies and SKI, KENNEDY, MURRAY, GILLIBRAND, that a few years ago. directs DOD to suspend these studies and FEINGOLD. The point is, even something as grave and determine, based on several cri- The reforms included in the amend- and serious as the problems we experi- teria, whether their completion is jus- ment will achieve two very important enced at Walter Reed, part of the rea- tifiable. goals: First, it will save taxpayer dol- son for that can be traced to the prob- Fifth, the amendment improves the lars, and it will enhance protections for lems with these kinds of studies. process for workers by adding briefings

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7973 to affected employees about con- SEC. 573. GUARANTEE OF RESIDENCY FOR (A) in paragraph (1), by inserting ‘‘or the tracting out decisions. SPOUSES OF MILITARY PERSONNEL spouse of a servicemember’’ after ‘‘The per- Finally, the amendment makes tech- FOR VOTING PURPOSES. sonal property of a servicemember’’; and (a) IN GENERAL.—Section 705 of the (B) in paragraph (2), by inserting ‘‘or the nical corrections to ensure that Fed- Servicemembers Civil Relief Act (50 U.S.C. eral employees have bid protest rights, spouse’s’’ after ‘‘servicemember’s’’. App. 595) is amended— (b) APPLICATION.—Subsections (a)(2) and (c) building on previous efforts by Mem- (1) by striking ‘‘For’’ and inserting the fol- of section 511 of such Act (50 U.S.C. App. 571), bers of the Senate. lowing: as added by subsection (a) of this section, The A–76 process is about cost com- ‘‘(a) IN GENERAL.—For’’; and the amendments made to such section parison. Due to the ambiguity around (2) by adding at the end the following new 511 by subsection (a)(4) of this section, shall the timelines and the process, these subsection: apply with respect to any return of State or ‘‘(b) SPOUSES.—For the purposes of voting local income tax filed for any taxable year lengthy studies often fail to create for any Federal office (as defined in section beginning with the taxable year that in- promised long-term savings. 301 of the Federal Election Campaign Act of cludes the date of the enactment of this Act. This amendment addresses these lin- 1971 (2 U.S.C. 431)) or a State or local office, gering issues with A–76 studies by lend- a person who is absent from a State because SEC. 575. SUSPENSION OF LAND RIGHTS RESI- ing necessary clarity to the process. In the person is accompanying the person’s DENCY REQUIREMENT FOR SPOUSES OF MILITARY PERSONNEL. addition, these reforms will improve spouse who is absent from that same State (a) IN GENERAL.—Section 508 of the in compliance with military or naval orders conditions for workers. Lengthy stud- Servicemembers Civil Relief Act (50 U.S.C. shall not, solely by reason of that absence— ies have been shown to compromise the App. 568) is amended in subsection (b) by in- ‘‘(1) be deemed to have lost a residence or capacity of agencies to perform their serting ‘‘or the spouse of such servicemem- domicile in that State, without regard to missions by placing both the critical ber’’ after ‘‘a servicemember in military whether or not the person intends to return service’’. functions of the agency and employees to that State; (b) APPLICATION.—The amendment made by who perform these functions in limbo. ‘‘(2) be deemed to have acquired a resi- Finally, I urge my colleagues to sup- subsection (a) shall apply with respect to dence or domicile in any other State; or servicemembers in military service (as de- port the amendment for this reason: It ‘‘(3) be deemed to have become a resident will promote fiscal responsibility, save fined in section 101 of such Act (50 U.S.C. in or a resident of any other State.’’; and App. 511)) on or after the date of the enact- money for taxpayers, while ensuring (3) in the section heading, by inserting ment of this Act. those who have the experience, exper- ‘‘AND SPOUSES OF MILITARY PER- tise, and skill are able to carry out SONNEL’’ before the period at the end. Mr. BURR. Mr. President, this is a their tasks in the Department of De- (b) CLERICAL AMENDMENT.—The table of very simple amendment. Under current fense. contents in section 1(b) of such Act (50 U.S.C. law, our military men and women, I yield the floor. App. 501) is amended by striking the item re- about every 3 years, are repositioned in The PRESIDING OFFICER. The Sen- lating to section 705 and inserting the fol- the country or out of the country. lowing new item: ator from Michigan is recognized. Their orders change. When they make Mr. LEVIN. Mr. President, I ask ‘‘Sec. 705. Guarantee of residency for mili- that change, it is beneficial to them, tary personnel and spouses of and I believe to society, that their unanimous consent that Senator BURR military personnel.’’. be recognized next to offer an amend- spouses and children go with them. (c) APPLICATION.—Subsection (b) of section ment. I understand there is not going 705 of such Act (50 U.S.C. App. 595), as added Years ago, we made accommodations to be opposition on this side and that by subsection (a) of this section, shall apply for those military personnel so they he will accept a voice vote on it. Then with respect to absences from States de- could pick a State of residency, even I ask unanimous consent that Senator scribed in such subsection (b) on or after the though they moved frequently. They AKAKA be recognized to offer his date of the enactment of this Act, regardless could choose the State in which they amendment, which he talked about last of the date of the military or naval order grew up or the State they might retire night. concerned. in or a State they had visited during The PRESIDING OFFICER. Is there SEC. 574. DETERMINATION FOR TAX PURPOSES their assignments that they thought OF RESIDENCE OF SPOUSES OF objection? was the best or most advantageous Without objection, it is so ordered. MILITARY PERSONNEL. (a) IN GENERAL.—Section 511 of the place for them to claim residency. The Senator from North Carolina is Servicemembers Civil Relief Act (50 U.S.C. That provided that every State they recognized. App. 571) is amended— went to, they didn’t have to change Mr. BURR. What is the pending (1) in subsection (a)— their driver’s license or voter registra- amendment? (A) by striking ‘‘A servicemember’’ and in- The PRESIDING OFFICER. The Kyl tion or basically change everything in serting the following: their lives. amendment. ‘‘(1) IN GENERAL.—A servicemember’’; and Mr. BURR. Mr. President, I ask unan- (B) by adding at the end the following: Now with the size of our military and imous consent to set aside the pending ‘‘(2) SPOUSES.—A spouse of a servicemem- the constant deployments we are in— amendment. ber shall neither lose nor acquire a residence this continuation of every 3 years, get- The PRESIDING OFFICER. Without or domicile for purposes of taxation with re- ting reassigned to a different post— objection, it is so ordered. spect to the person, personal property, or in- what we realized from a quality-of-life come of the spouse by reason of being absent AMENDMENT NO. 1554 standpoint was that we forgot about or present in any tax jurisdiction of the Mr. BURR. Mr. President, I call up the spouses as it relates to the accom- United States solely to be with the service- modations of a new surrounding. When amendment No. 1554, the Military member in compliance with the Spouses Residency Relief Act. servicemember’s military orders if the resi- we think about it, spouses who leave The PRESIDING OFFICER. The dence or domicile, as the case may be, is the and go with the servicemember, they clerk will report. same for the servicemember and the go into a community unemployed. The bill clerk read as follows: spouse.’’; They have to look for a job. They have The Senator from North Carolina [Mr. (2) by redesignating subsections (c), (d), (e), to go to the DMV, the department of BURR], for himself, Mr. BAYH, Ms. SNOWE, and (f) as subsections (d), (e), (f), and (g), re- motor vehicles, and get a driver’s li- Mr. UDALL of Colorado, Mr. WICKER, Mr. spectively; cense and reregister to vote. I might THUNE, Mr. ENZI, Mr. JOHANNS, and Ms. MUR- (3) by inserting after subsection (b) the fol- also say their husband or wife could KOWSKI, proposes an amendment numbered lowing new subsection: 1554. ‘‘(c) INCOME OF A MILITARY SPOUSE.—In- claim residency somewhere, and they may not be on the title of the house Mr. BURR. Mr. President, I ask unan- come for services performed by the spouse of they own or the property they own. imous consent that reading of the a servicemember shall not be deemed to be income for services performed or from The fact that the spouse cannot amendment be dispensed with. sources within a tax jurisdiction of the The PRESIDING OFFICER. Without claim a State of residency consistent United States if the spouse is not a resident with the servicemember means they objection, it is so ordered. or domiciliary of the jurisdiction in which The amendment is as follows: are at a tremendous disadvantage from the income is earned because the spouse is in the standpoint of what they own. It is (Purpose: To guarantee the equity of spouses the jurisdiction solely to be with the service- of military personnel with regard to mat- member serving in compliance with military easier to put it in the servicemember’s ters of residency) orders.’’; and name because they are protected re- At the end of subtitle G of title V, add the (4) in subsection (d), as redesignated by gardless of where their orders send following: paragraph (2)— them.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7974 CONGRESSIONAL RECORD — SENATE July 23, 2009 Very simply, this amendment ex- KOHL, Ms. MIKULSKI, Mr. CARDIN, Mr. INOUYE, costs were not included in the adminis- tends the same privilege to a spouse Mr. WEBB, and Mr. WARNER, proposes an tration’s budget request. that it does to a servicemember, so amendment numbered 1522. I understand that a lot of these pro- they can claim that State of residency, (The amendment is printed in today’s visions, because of the large number of keep that one constant driver’s license, RECORD under ‘‘Text of Amendments.’’) employees, fall under the Department and they can pay joint taxes in a State Mr. AKAKA. Mr. President, as chair- of Defense. I don’t think it is a good versus being forced to file separate man of the Subcommittee on Oversight idea to have a bill of this magnitude, taxes where there may be tax implica- of Government Management, the Fed- although certainly the amendment is tions so that those military families eral Workforce, and the District of Co- in order—but I am not sure it is appro- pay more taxes than if they could file lumbia, I am proud to join with Sen- priate that a bill of this magnitude jointly. They still have the challenge ators COLLINS, LIEBERMAN, VOINOVICH, should be tacked on to the Defense au- of walking into a community unem- MURKOWSKI, BEGICH, KOHL, MIKULSKI, thorization bill. ployed, and they might leave a busi- CARDIN, INOUYE, WEBB, and WARNER in I say that fully aware that we are ness behind because they believe the this bipartisan effort to correct certain tacking on a hate crimes bill which has fabric of their family is that impor- inequities in the Federal Government even a lot less to do with the Depart- tant. retirement system. ment of Defense. This amendment is very similar to an That is what we ask all of our mili- I say to my friend, I will be glad to amendment that was included in the tary families to deal with. This is a have a vote on this amendment. Per- House-passed fiscal year 2010 national simple way to make life a little easier haps there is going to be a budget point Defense authorization bill. Each of on the spouses of our servicemembers of order raised on this amendment. But these revisions is much needed and has and to make sure they don’t have to hopefully we can alert our colleagues been thoroughly debated by the appro- and give them the opportunity in the change everything in their lives just priate committees in the House and next few minutes to raise a budget because their spouse has been reas- Senate. Many of the changes were re- point of order or ask for a recorded signed but only certain things that quested by the administrators of the vote. If there is no objection, then we they will have to deal with. retirement plans and are strongly sup- would have a voice vote. I remind my colleagues there is a ported by many organizations. The list I wish to point out to my colleagues, stand-alone bill, S. 475. It had a hearing of supporters is too long to read here, this is fairly large legislation which in the Veterans’ Affairs Committee. It but it includes every major Federal does fall under the proper authority of was passed unanimously out of the employee union, postal unions, super- the Homeland Security Committee. Veterans’ Affairs Committee. It is visors, and postmasters, the Federal With that, Mr. President, I yield the identical to my amendment today. Law Enforcement Officers Association, floor. I urge my colleagues to support this and several government managers The PRESIDING OFFICER. The Sen- amendment. With the Chair’s agree- groups. I spoke in more detail last ator from Hawaii. ment, I ask for a voice vote. evening about the substance of the Mr. AKAKA. Mr. President, may I The PRESIDING OFFICER. Is there amendment. further comment that these provisions, further debate? I strongly encourage my colleagues If not, the question is on agreeing to to support this amendment, the Fed- without question, are much needed in amendment No. 1554. eral retirement reform provisions, and Hawaii, Alaska, and the territories. The amendment (No. 1554) was agreed the bill as well. COLA rates, and with them the pay of to. I yield the floor. Federal employees, are slated to go Mr. LEVIN. Mr. President, I move to The PRESIDING OFFICER. The Sen- down later this year if we do not act. reconsider the vote. ator from Arizona is recognized. This is the reason we are trying to Mr. MCCAIN. I move to lay that mo- Mr. MCCAIN. Mr. President, this move it at this time. Most of these em- tion on the table. amendment by Senator AKAKA, the dis- ployees in Hawaii are defense employ- The motion to lay on the table was tinguished chairman of the Veterans’ ees, as in these other States and terri- agreed to. Affairs Committee, I would imagine tories as well. The PRESIDING OFFICER. The Sen- has some very good and helpful provi- The provisions on this issue are near- ator from Michigan is recognized. sions associated with it. It also applies ly identical to the bill that passed the Mr. LEVIN. Mr. President, I under- to Federal employees and perhaps some Senate by unanimous consent last stand under the previous order, the Department of Defense employees are year. Most of the provisions are in the Senator from Hawaii is now to be rec- included in that. But it is a very large House Defense authorization bill. ognized to call up his amendment. amendment. It is composed of six re- Again, Hawaii, Alaska, and the terri- The PRESIDING OFFICER. That is tirement-related provisions and some tories received untaxed cost-of-living correct. expenditure of funds. allowances that do not count toward Mr. LEVIN. I suggest the absence of As I understand the bill, there is not retirement instead of locality pay that a quorum. provision for paying for it. I may be other Federal employees receive. The PRESIDING OFFICER. The wrong. Let me point out that the Chair This bill grew out of a Bush adminis- clerk will call the roll. and ranking member of the Homeland tration proposal in response to re- The bill clerk proceeded to call the Security Committee have looked at peated litigation over the different sys- roll. these issues as well. I am wondering tems. This transition will cost a sub- Mr. AKAKA. Mr. President, I ask why it was not included then on Home- stantial amount of money for several unanimous consent that the order for land Security. We just finished doing reasons. The budget implications are the quorum call be rescinded. the Homeland Security appropriations. better than they appear. A large por- The PRESIDING OFFICER. Without It would reduce mandatory spending tion of appropriated costs of the COLA objection, it is so ordered. by $36 billion over 10 years. It has sig- provisions are intergovernmental AMENDMENT NO. 1522 nificant costs that will have to be ap- transfers from Federal employers to ei- Mr. AKAKA. Mr. President, I ask to propriated, at least $2.5 billion over the ther the annuity or the Social Security set aside the pending amendment and next 10 years. Because they would be trust fund. According to the CBO re- call up amendment No. 1522 to enhance added on this bill, it would add to the port, employer contributions, the retirement security of Federal em- cost of the National Defense Authoriza- intragovernmental transactions, do not ployees. tion Act and would exceed our budget affect the deficit. The PRESIDING OFFICER. Without allocation. Properly, it would be sub- Many employees in Hawaii and Alas- objection, it is so ordered. The clerk ject to a budget point of order which ka and the territories, of course, are will report. the Senate would then speak on wheth- looking at this as something that is The legislative clerk read as follows: er it is an appropriate budget point of necessary as they continue to work in The Senator from Hawaii [Mr. AKAKA], for order. the Federal Government in this area. himself, Ms. COLLINS, Mr. LIEBERMAN, Mr. There has been no strong opposition Again, I urge my colleagues to sup- VOINOVICH, Ms. MURKOWSKI, Mr. BEGICH, Mr. from the administration, and these port this amendment.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7975 The PRESIDING OFFICER. The Sen- course, we should not be giving Mi- but it is clearly a part of this new global jus- ator from Alabama. randa warnings to captured terrorists tice initiative. Mr. SESSIONS. Mr. President, I ask on the battlefield. Unfortunately, not Representative PETE HOEKSTRA, the unanimous consent that we set aside all of the subordinates in the current ranking Republican on the House Intel- consideration of the Burr amendment administration seem to understand ligence Committee, said this: and that I be able to call up amend- this message. When they Mirandize a suspect, the first ment No. 1657. A recent article in the magazine the thing they do is warn them that they have The PRESIDING OFFICER. Is there Weekly Standard describes why the the right to remain silent. It would seem the objection? amendment is necessary. As this arti- last thing we want is Khalid Shaikh Moham- Mr. LEVIN. Reserving the right to cle explains, the current administra- med or any other al-Qaida terrorist to re- object—and I will need to object—we tion appears to be requiring our sol- main silent. Our focus should be on pre- are working through unanimous con- venting the next attack, not giving radical diers to read Miranda warnings to ter- jihadists a new tactic to resist interroga- sent agreements and amendments are rorists whom they capture in the field tion—lawyering up. lined up on both sides. We have not in Afghanistan. And the article further According to MIKE ROGERS, that is reached that point yet. There are other notes, according to former CIA Direc- precisely what some human rights or- amendments that have to come first tor George Tenet, who was appointed ganizations are now advising detainees from the Senator’s side, and that would originally by President Clinton and to do. He says: be up to Senator MCCAIN. I have to ob- served under President Bush, that we ject at this time. Obviously, we will try The International Red Cross, when they go would not have obtained the valuable into these detention facilities, has now start- to accommodate the Senator getting information we did from Khalid Shaikh ed telling people—‘‘Take the option. You his amendment up, but Senator Mohammed, the planner of the 9/11 at- want a lawyer.’’ MCCAIN would need to consider the tacks, if he had been given his Miranda And ROGERS adds: Senator’s proposal. I have to object. rights—or been given Miranda rights, The PRESIDING OFFICER. The Sen- The problem is you take that guy at 3 in not his, because we have never given the morning off of a compound right outside ator from Alabama. Miranda rights to captured soldiers in of Kabul, where he’s building bomb materials Mr. SESSIONS. Mr. President, I un- any kind of conflict in the history of to kill U.S. soldiers, and read him his rights derstand the difficulties Senator LEVIN the Republic. by 4, and the Red Cross is saying take the has, but we are moving to final pas- The following is from the Weekly lawyer, you have now created quite a confu- sage. Cloture has been filed. It is im- Standard: sion amongst the FBI, the CIA and the United States military. And confusion is the portant that this amendment be con- When 9/11 mastermind Khalid Shaikh Mo- last thing you want in a combat zone. sidered. I get a little nervous when hammed was captured on March 1, 2003, he things are not moving along in a way was not cooperative. ‘‘I’ll talk to you guys This is from Congressman ROGERS, a that I think they should or at least in after I get to New York and see my lawyer,’’ former FBI agent and a former Army a way that could cause this amend- he said, according to CIA Director George officer. ment not to be considered. I wish to Tenet. Of course, Khalid Shaikh Mohammed So one thing is clear: A detainee who speak briefly about it so it will be clear did not get a lawyer until months later, after is not talking cannot provide informa- his interrogation was completed, and Tenet tion about future attacks. Had Khalid what it is we are talking about. says that the information the CIA obtained The amendment I sought to bring up from him disrupted plots and saved lives. ‘‘I Shaikh Mohammed had a lawyer, would preempt any Federal Executive, believe none of these successes would have Tenet wrote in his book, ‘‘ . . . I am that is Presidential, requirement that happened if we had had to treat KSM like a confident that we would have obtained our troops in the field, in Afghanistan white-collar criminal—read him his Miranda none of the information he had in his and Iraq, read Miranda warnings to al- rights and get him a lawyer, who surely head about the eminent threat against Qaida terrorists whom they capture. would have insisted that his client simply the American people.’’ The amendment would also clarify shut up. Mr. President, one thing we have to that nothing in Federal law requires That was Mr. Tenet’s view as stated get straight in our minds is that we are that our soldiers read Miranda warn- in his memoirs just a couple of years in a state of war against al-Qaida types ings or give any other kind of warning ago. and others around the world, and that to captured terrorists, and it preempts If Mr. Tenet is right, it is a good calls for an entirely different approach any efforts to enforce such a require- thing KSM was captured before Presi- to dealing with the people you capture. ment through an exclusionary rule. dent Obama became President, for the In fact, before you capture them, you That is, denying admissibility of evi- Justice Department has quietly or- have the authority to shoot them and dence if it does not occur. dered the FBI to read Miranda rights kill them. We have the ability to drop Miranda is the warning, as most to high-value detainees captured and bombs on them, which results in death. watchers of television detective pro- held at U.S. detention facilities in Af- You don’t do that in law enforcement grams know, in which an individual ghanistan. situations against drug dealers or who is detained by a police officer in According to a senior Republican on against white-collar criminals. These the United States on suspicion of some the House Intelligence Committee: are not criminals, they are unlawful crime is told they have a right to re- The administration has decided to change enemy combatants. They are not law- main silent and they have a right to the focus to law enforcement. Here’s the ful because they do not operate accord- have a lawyer, or have one appointed problem. You have foreign fighters who are ing to the rules of war. targeting U.S. troops today—foreign fighters The Geneva Conventions require that for them. who go to another country to kill Ameri- The question is, How did we get to cans. We capture them, and they’re reading a lawful combatant, an enemy soldier, the point that we are now having sol- them their rights—Mirandizing these foreign or any kind of soldier from any coun- diers in the field being asked to give fighters. try wear their uniform so that you can Miranda warnings? That was a quote from Representa- identify them by their uniform and do One person, I think, who would agree tive MIKE ROGERS, who recently met not target civilian personnel gratu- with me—although recent activities with the military and intelligence and itously. Among other requirements, cause me concern—is our Commander law enforcement officials on a fact- these are some of the rules of war. But in Chief, President Obama. In a recent finding trip to Afghanistan. they have never been given the rights interview on the TV show ‘‘60 Min- ROGERS, a former FBI special agent of a common criminal. utes,’’ he was asked about the terrorist and a U.S. Army officer, says the So I feel strongly about this issue. detainees, and this is what President Obama administration has not briefed And I would note parenthetically that Obama said: Congress on the new policy. He is the Supreme Court has not held that Do these folks deserve Miranda rights? Do quoted as saying: Miranda is even a constitutional re- they deserve to be treated like a shoplifter I was a little surprised to find it taking quirement. They passed it as a prophy- down the block? Of course not. place when I showed up because we hadn’t lactic policy to help police officers do a ‘‘Of course not.’’ I couldn’t have said been briefed on it. I didn’t know about it. better job, the Court thought, in doing that with more clarity myself. Of We’re still trying to get to the bottom of it, their work. It is not a requirement. So

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The part of a proposed missile defense system to we should not go down, requiring these clerk will report. protect Europe and the United States warnings, and if we do, it is an abso- The assistant bill clerk read as fol- against a potential future Iranian long-range lutely clear signal that we are confused lows: ballistic missile threat. about the nature of the deadly enter- (7) On August 20, 2008, the United States The Senator from Connecticut [Mr. and the Republic of Poland signed an agree- prise in which we are engaged, which is LIEBERMAN], for himself, Mr. SESSIONS, Mr. ment concerning the deployment of ground- defending this country and our allies INHOFE, Mr. VITTER, Mr. NELSON of Nebraska, based ballistic missile defense interceptors from attack by a violent, determined Mr. NELSON of Florida, Mr. MARTINEZ, Mr. in the territory of the Republic of Poland. enemy. KYL, Mr. BEGICH, and Mr. MCCAIN, proposes (8) Section 233 of the Duncan Hunter Na- I thought after 9/11 there was a con- an amendment numbered 1744. tional Defense Authorization Act for Fiscal sensus in this body that terrorists and Mr. LIEBERMAN. Mr. President, I Year 2009 (Public Law 110–417; 122 Stat. 4393; enemy combatants were different from ask unanimous consent that further 10 U.S.C. 2431 note) establishes conditions for criminals. I thought the 9/11 Commis- reading of the amendment be dispensed the availability of funds for procurement, sion went into that, and I thought with. construction, and deployment of the planned there was a bipartisan consensus on The PRESIDING OFFICER. Without missile defense system in Europe, including that the host nations must ratify any mis- that. So I am concerned about it. It objection, it is so ordered. sile defense agreements with the United suggests to me that we are confused The amendment is as follows: States and that the Secretary of Defense about the nature of this life-and-death (Purpose: To express the sense of the Senate must certify that the system has dem- struggle we are in. We are confused on and reserve funds for the development onstrated the ability to accomplish the mis- about the risk our soldiers are being and deployment of missile defense systems sion. subjected to every day on the battle- to Europe) (9) On April 5, 2009, President Barack field. And they ought not to be placed At the end of subtitle C of title II, add the Obama, speaking in Prague, Czech Republic, in a situation where an additional bur- following: stated, ‘‘As long as the threat from Iran per- den is put on them that is not justified SEC. 245. SENSE OF SENATE ON AND RESERVA- sists, we will go forward with a missile de- by law or common sense. TION OF FUNDS FOR DEVELOPMENT fense system that is cost-effective and prov- So I hope we get a vote on this, and AND DEPLOYMENT OF MISSILE DE- en. If the Iranian threat is eliminated, we FENSE SYSTEMS IN EUROPE. will have a stronger basis for security, and I hope we are able to send the message (a) FINDINGS.—The Senate makes the fol- the driving force for missile defense con- that this is not the right policy and we lowing findings: struction in Europe will be removed.’’. need to make sure we stop it and nip it (1) In the North Atlantic Treaty Organiza- (10) On June 16, 2009, Deputy Secretary of in the bud. tion (NATO) Bucharest Summit Declaration Defense William Lynn testified before the I thank the Chair, I yield the floor, of April 3, 2008, the Heads of State and Gov- Committee on Armed Services of the Senate and I suggest the absence of a quorum. ernment participating in the meeting of the that the United States Government is re- The PRESIDING OFFICER. The North Atlantic Council declared that viewing its options for developing and de- clerk will call the roll. ‘‘[b]allistic missile proliferation poses an in- ploying operationally effective, cost-effec- The assistant bill clerk proceeded to creasing threat to Allies’ forces, territory tive missile defense capabilities to Europe and populations. Missile defence forms part call the roll. against potential future Iranian missile of a broader response to counter this threat. threats, in addition to the proposed deploy- Mr. LEVIN. Mr. President, I ask We therefore recognize the substantial con- unanimous consent that the order for ment of a missile defense system in Poland tribution to the protection of Allies from and the Czech Republic. the quorum call be rescinded. long-range ballistic missiles to be provided (11) On July 9, 2009, General James Cart- The PRESIDING OFFICER. Without by the planned deployment of European- wright, the Vice Chairman of the Joint objection, it is so ordered. based United States missile defence assets’’. Chiefs of Staff, testified before the Com- Mr. LEVIN. Mr. President, if I could (2) The Bucharest Summit Declaration also mittee on Armed Services of the Senate that just have Senator MCCAIN’s attention stated that ‘‘[b]earing in mind the principle the Department of Defense was considering for a minute, I think we have a unani- of the indivisibility of Allied security as well some 40 different missile defense architec- mous consent agreement. as NATO solidarity, we task the Council in ture options for Europe that could provide a Mr. President, has the Akaka amend- Permanent Session to develop options for a ‘‘regional defense capability to protect the comprehensive missile defence architecture nations’’ of Europe, and a ‘‘redundant capa- ment been disposed of? to extend coverage to all Allied territory and The PRESIDING OFFICER. It has bility that would assist in protecting the populations not otherwise covered by the United States,’’ and that the Department not. United States system for review at our 2009 Mr. LEVIN. I ask unanimous consent was considering ‘‘what kind of an architec- Summit, to inform any future political deci- ture best suits the defense of the region, the that the Akaka amendment be tempo- sion’’. defense of the homeland, and the regional rarily set aside, that we then move to (3) In the Bucharest Summit Declaration, stability’’. an amendment on European missile de- the North Atlantic Council also reaffirmed fense, which is a Lieberman amend- to Russia that ‘‘current, as well as any fu- (b) SENSE OF SENATE.—It is the sense of the ment with many cosponsors, which we ture, NATO Missile Defence efforts are in- Senate that— have worked very hard on and which is tended to better address the security chal- (1) the United States Government should lenges we all face, and reiterate that, far continue developing and planning for the ready to be propounded. from posing a threat to our relationship, proposed deployment of elements of a There is at least one additional they offer opportunities to deepen levels of Ground-based Midcourse Defense (GMD) sys- speaker on it. Senator SESSIONS wants cooperation and stability’’. tem, including a midcourse radar in the to speak on it as well. But I ask unani- (4) In the Strasbourg/Kehl Summit Dec- Czech Republic and Ground-Based Intercep- mous consent that Senator LIEBERMAN laration of April 4, 2009, the heads of state tors in Poland, consistent with section 233 of be recognized now to introduce that and government participating in the meeting the Duncan Hunter National Defense Au- amendment; that after he speaks, Sen- of the North Atlantic Council reaffirmed thorization Act for Fiscal Year 2009; ator SESSIONS be recognized; that I will ‘‘the conclusions of the Bucharest Summit (2) in conjunction with the continued de- then be recognized, and then Senator about missile defense,’’ and declared that velopment of the planned Ground-based Mid- ‘‘we judge that missile threats should be ad- course Defense system, the United States MCCAIN, if he wishes to be recognized. dressed in a prioritized manner that includes should work with its North Atlantic Treaty I believe the intention here is that consideration of the level of imminence of Organization allies to explore a range of op- we may be able to adopt this by a voice the threat and the level of acceptable risk’’. tions and architectures to provide missile de- vote; is that correct? That is the hope, (5) Iran is rapidly developing its ballistic fenses for Europe and the United States anyway. Well, I will leave that part missile capabilities, including its inventory against current and future Iranian ballistic alone. of short-range and medium-range ballistic missile capabilities; The PRESIDING OFFICER. Is there missiles that can strike portions of Eastern (3) any alternative system that the United objection to the request? Without ob- and Southern North Atlantic Treaty Organi- States Government considers deploying in jection, it is so ordered. zation European territory, as well as the Europe to provide for the defense of Europe The Senator from Connecticut. pursuit of long-range ballistic missiles that and a redundant defense of the United States could reach Europe or the United States. against future long-range Iranian missile AMENDMENT NO. 1744 (6) On July 8, 2008, the Government of the threats should be at least as capable and Mr. LIEBERMAN. Mr. President, I United States and the Government of the cost-effective as the proposed European de- ask unanimous consent to call up Czech Republic signed an agreement to base ployment of the Ground-based Midcourse De- amendment No. 1744. a radar facility in the Czech Republic that is fense system; and

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It ex- FENSE SYSTEMS.— to the planned European deployment of amined the potential cost and defense (1) IN GENERAL.—Of the funds authorized to a Ground-based Midcourse Defense, or capability of the European ground- be appropriated or otherwise made available GMD, system to Poland and the Czech based defense system in Poland and the for fiscal years 2009 and 2010 for the Missile Republic. In the context of that policy Czech Republic, as well as alternatives Defense Agency for the purpose of developing review, this amendment states that to it. missile defenses in Europe, $353,100,000 shall any alternative to the GMD deploy- What are the alternatives? These in- be available only for the purposes described ment to Poland and the Czech Republic clude deployment of sea-based inter- in paragraph (2). ceptors on Navy ships around Europe, (2) USE OF FUNDS.—The purposes described must be as effective and affordable as in this paragraph are the following: the current plan. We think this is a or using mobile land-based interceptors (A) Research, development, test, and eval- reasonable standard by which to judge in Europe. The study also considered uation of— any alternative and I am hopeful and the possible benefits of closer coopera- (i) the proposed midcourse radar element grateful my colleagues seem to agree. tion on missile defense with the Rus- of the Ground-based Midcourse Defense sys- Let me now go forward to explain sian Federation. tem in the Czech Republic; and why Senator SESSIONS and I and others The findings of this report clearly (ii) the proposed long-range missile defense think it is so important to set a stand- demonstrate that the Ground-based interceptor site element of such defense sys- Midcourse Deployment in Poland and tem in Poland. ard for the alternatives that are now (B) Research, development, test, and eval- under consideration, and why the grow- the Czech Republic is the most effec- uation, procurement, construction, or de- ing Iranian threat requires us to deploy tive and affordable option that is be- ployment of other missile defense systems an effective missile defense in Europe. fore us today. I am particularly struck designed to protect Europe, and the United Last year the United States reached by the report’s conclusion that the al- States in the case of long-range missile a pair of groundbreaking agreements ternatives to the GMD system in Po- threats, from the threats posed by current with two of our closest European allies land and the Czech Republic would sig- and future Iranian ballistic missiles of all on the deployment of elements of a nificantly reduce America’s ability to ranges, if the Secretary of Defense submits provide a layered defense for our Amer- to the congressional defense committees a Ground-based Midcourse Defense, report certifying that such systems are ex- GMD, system to protect Europe and ican homeland against the eventual pected to be— the United States from Iran’s growing threat of intercontinental ballistic (i) consistent with the direction from the ballistic missile threat. missiles launched by Iran or anyone North Atlantic Council to address ballistic When I say ‘‘and the United States,’’ else in that region against the United missile threats to Europe and the United they don’t have the ability now, or the States of America. States in a prioritized manner that includes ballistic missile, to reach the United I want to be clear about this and consideration of the imminence of the threat States, but they are clearly investing what it means. Whereas the GMD de- and the level of acceptable risk; in a ballistic missile program whose ployment to Poland and the Czech Re- (ii) operationally effective and cost-effec- public would provide, according to the tive in providing protection for Europe, and range they hope will grow and grow to the United States in the case of long-range a point where they will be able to reach report, a so-called shoot-look-shoot ca- missile threats, against current and future the United States. pability for the defense of the entire Iranian ballistic missile threats; and Specifically, on July 8, 2008, the continental United States, the alter- (iii) interoperable, to the extent practical, United States and the Czech Republic natives that the Congressional Budget with other components of missile defense agreed on establishing an American Office considered would leave most of and complementary to the missile defense ballistic missile defense radar site on our country without such a layered de- strategy of the North Atlantic Treaty Orga- Czech territory. Two months later, on fense. nization. Let me explain. Shoot-look-shoot is (d) CONSTRUCTION.—Nothing in this section August 20, the United States and the shall be construed as limiting or preventing Government of Poland reached a simi- an operational concept that is actually the Department of Defense from pursuing lar agreement under which we would the cornerstone of our increasingly the development or deployment of operation- deploy 10 ground-based interceptors to successful missile defense program. It ally effective and cost-effective ballistic mis- Poland. Just less than a year after is the idea that we should be able to sile defense systems in Europe. these agreements, at a June 16 hearing shoot at an incoming missile, assess Mr. LEVIN. Mr. President, may I ask at our Senate Armed Services Com- whether that shot was successful, and Senator LIEBERMAN to yield for a mo- mittee, Deputy Secretary of Defense then shoot again. This shoot-look- ment? Bill Lynn told the members of the com- shoot capability dramatically in- First of all, I ask unanimous consent mittee: creases the effectiveness of our missile that no second-degree amendments be We think there are a number of ways to ad- defense system. in order to this amendment. dress [the Iranian] threat and one of the op- You might say it is redundant. Most The PRESIDING OFFICER. Is there tions is to deploy the missiles in Poland and of our military systems are redundant objection? Without objection, it is so the radar in the Czech Republic, and we are because of what is on the line. I cannot ordered. certainly evaluating that option as well as think of a place where I would rather The Senator from Connecticut. other possible options. have redundancy than the situation we Mr. LIEBERMAN. I thank the Chair, We heard other testimony before our are dealing with, with an incoming bal- and I thank the chairman of the com- committee, including from the Vice listic missile, presumably containing a mittee. Chairman of the Joint Chiefs, General nuclear weapon, perhaps chemical or Mr. President, I rise to offer this Cartwright, along the same lines, that biological. I know people watching this amendment, along with the Senator though the agreements were entered debate may think this is far off and un- from Alabama, Mr. SESSIONS, and a into with Poland and the Czech Repub- realistic, but these are the realities we broad bipartisan group of cosponsors. lic, the administration is evaluating do have to deal with in our world be- This amendment concerns the deploy- other options. cause we know a country such as Iran, ment of missile defenses in Europe. To help place the other options that whose leaders regularly lead tens of I am very pleased to say, as Chair- are under consideration into perspec- thousands of their citizens in shouting man LEVIN suggested, that there has tive, and to explain why Senator SES- ‘‘death to America’’ is in fact investing been a lot of work done on this issue by SIONS and I and the others who have in a growing intercontinental ballistic a lot of people, including Chairman joined us as cosponsors introduce this missile system. LEVIN, Ranking Member MCCAIN, their amendment today, I want to go to a What does shoot-look-shoot mean staff, and our staff. I think we have Congressional Budget Office study that with regard to this amendment? If you reached a very important agreement was released earlier this year, in Feb- have a GMD system in Europe and a here which holds up some standards of ruary. It is titled ‘‘Options for Deploy- missile that is fired from Iran, we have

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Another question under consider- need ballistic missile defense. The in- That is an important redundancy in ation, I know by the administration, is vestments we make in missile defense the God-awful circumstance that a the possibility—and was with the last will quite literally provide greater per- rogue nation, an anti-American nation, administration, too—the possibility of sonal security to the coming genera- is actually firing missiles at the United partnership between the United States tions of Americans, our children and States. and Russia through the joint use of two their grandchildren and beyond. As I want to draw the attention of my Russian radar stations, as well as the LTG Mike Maples, then Director of the colleagues to a pair of maps that I sharing of information and data. I sup- Defense Intelligence Agency, testified think indicate the differences as CBO port very much the exploration of this before our Senate Armed Services found them between the planned GMD opportunity of cooperating with Rus- Committee earlier this year: system in Poland and the Czech Repub- sians on missile defense, but I believe The threat posed by ballistic missile deliv- lic and the proposed land-based SM–3 we have to have a clear understanding ery systems is likely to increase over the block IIA system that I think is a fa- of its potential benefits and limita- next decade. Ballistic missile defenses with vored alternative—a possible alter- tions. advanced liquid or solid propellant propul- native—I don’t mean it is selected, but Let me begin with some of the bene- sion systems are becoming more mobile, sur- one looked at with great interest by fits. Obviously, closer cooperation with vivable, reliable, accurate, and possess great- er range. the Defense Department. Russia on missile defense could in- Incidentally, these maps were pre- crease our early warning detection ca- That is the end of the quote from the pared by the Congressional Budget Of- pability for missile launches from the former head of the Defense Intelligence fice and included in the study I just Middle East, based on their radar. With Agency. mentioned, which I would commend to this capability we could send a clear In the last few months we have seen my colleagues to read in full. message to Iran that not just the graphic reminders of the progress our On the first map here we can see the United States but the world, including enemies are making toward fielding planned GMD system in Poland and the Russia, is opposed to its weapons of intercontinental ballistic missiles. In Czech Republic would provide a layered mass destruction and intercontinental February, Iran launched its first sat- defense for the entire continental or continental ballistic missile sys- ellite into orbit using the same tech- United States. In other words, this is tems. So I support the objective of ne- nologies that Tehran can draw upon to the area that would be defended. Most gotiating and discussing this with the develop the capacity to build an inter- of Europe, if a missile were fired from Russians. continental ballistic missile that could Iran, and all of the United States But I want to say there are also limi- strike the continental United States. would be covered. That means the con- tations that are in this proposal. The In May, Iran carried out its first suc- cept of shoot-look-and-shoot would be Russian radar stations that are most cessful test flight of a two-stage solid in effect a defense for our entire popu- discussed as part of a joint United fuel ballistic missile, a development lation. States–Russian ballistic missile system that the White House Coordinator for The second map shows the capabili- as a technical matter cannot be a sub- Arms Control and WMD Terrorism, ties of a prospective land-based SM–3 stitute for a European-based GMD sys- Gary Seymour, warned was ‘‘a signifi- IIA block system, which is quite dif- tem. Although these radars would give cant step forward in terms of Iran’s ca- ferent. You can see that this one, as us additional early warning capabili- pability to develop weapons.’’ the CBO estimated, only covers a por- ties, as I indicated, they would not pro- Iran’s growing ballistic capabilities tion of the United States. I note it does vide any additional targeting capa- are made, of course, even more threat- cover Connecticut, but there is a lot of bility which, of course, is a critical ening when coupled with its nuclear the rest of the United States—even component to reducing threats. Radar weapons development program. Of though there are those of us who love helps to target, sends the message to course, we all hope the United States this small State—a lot of the rest of the interceptors in Poland and to the and the rest of the international com- the United States we do not want to other system, and that facilitates an munity can persuade Iran, through di- leave unprotected by this redundancy. accurate shoot-down. plomacy and economic sanctions, to In fact, on a population basis, be- As the CBO pointed out in its Feb- abandon both its nuclear and ballistic cause there is a concentration of popu- ruary report, the radars face south and ambitions and programs. lation, of course, on the east coast, al- any missiles facing south and any mis- Missile defense is an important com- most 80 percent of the population siles targeted toward Europe and the ponent of that effort on the premise would be left uncovered by this redun- United States would, according to the that we may be able to convince Iran it dant defense. All States west of the report, ‘‘tend to fly through and out of is not worth spending those countless Mississippi, for example, would not be the Russian radar’s field of regard very millions of dollars on perfecting these defended by this system. early in their trajectories.’’ Though weapons if its leaders come to realize In terms of operational capability, it this system would provide us with that we in the West are determined to is also important to note that the com- early warning, it is also very impor- stay one step ahead of them in neutral- ponents of the proposed GMD system tant, really critical, to have targeting izing their strategic impact with a mis- for Europe are much farther along in capability. sile defense system. their development and purchase closer The amendment Senator SESSIONS As the Department of Defense now to being proven to work than the pro- and I and the others have proposed undertakes its review of the planned posed SM–3 Block IIA interceptor, would not in any way prohibit the pos- GMD deployment to Europe and pos- which may not be available until close sibility of cooperation, or even deter sible alternatives, this amendment to 2020. So the consequences of pulling the possibility of cooperation with the would express the Senate’s opinion of away from the Poland and Czech Re- Russian Federation—certainly not what we expect our missile defenses in public system are serious in the near with regard to sharing radar data, and Europe to deliver, generally. term. I hope we can all agree we should not It would state that the United States As for the question of cost, the Con- seek an agreement with Moscow that expects those missile defenses to be the gressional Budget Office in this study leaves the United States more vulner- most capable and affordable and give a estimates that the two alternate sys- able to the threat from Iran. defense in the short term, not just to tems would cost nearly the same to de- Very briefly, what about that threat? our allies in Europe but to our fellow velop, deploy, and operate. In other Some may ask, Why do we still need to citizens throughout the United States words, if we opt for an alternative to be investing so much in missile de- of America.

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Mr. President, I wish other words, while the deployment of a have a fully operational system, but we to join my colleague, Senator land- or sea-based version of SM–3 may only have a few of those missiles up in LIEBERMAN, in introducing amendment be suitable to protect Europe against Alaska, and we need this additional No. 1744, concerning the deployment of medium- and intermediate-range mis- shield in Europe. missile defenses in Europe, and also sile threats, it would not contribute to Without the site in Poland, the thank him for his leadership on this the defense of the United States which United States would have only one op- issue over many years. He is clearly could occur from the launch of an portunity to engage Iranian missiles one of the most effective spokesmen ICBM, an intercontinental ballistic headed for certain portions of our for clear and strategic thinking and missile, which would travel at a much country. Why should we take that risk? has helped us for many years to estab- higher altitude. Although the search for alternatives lish good defense policy for our Nation. Likewise, Admiral Stavridis, the new may please the Russians, it would per- As Senator LIEBERMAN has explained, commander of the U.S. European Com- versely send the wrong message to our this amendment would state it is the mand, testified before the Senate NATO allies and, in particular, to our sense of the Congress that the adminis- Armed Services Committee during a friends in Poland and the Czech Repub- tration should continue to develop the hearing last month: lic who, despite pressure and threats planned missile defense deployment Sea-based and transportable land-based as- from Russia, have agreed and stood through Poland and the Czech Repub- sets are integral components of a com- firm and expressed their willingness to lic, even as it considers other alter- prehensive ballistic missile defense system host these missile defense assets on natives. but cannot defeat the entire range of threats their territory. Further, it would state that any al- by themselves. Sophisticated sensors are re- I would remind my colleague that ternative to the current plan must be quired for early acquisition and target deter- NATO, the North Atlantic Treaty Or- as effective and affordable, and, most mination, and ground-based interceptors are ganization, the most successful defense needed to defeat longer-range missiles. important, must be able to defend the treaty in the history of the world, en- United States as well as Europe The missile Iran seeks to develop, dorsed the current plan at the April against long-range ballistic missiles. and is moving forward to develop, 2008 Bucharest Summit and noted in This amendment is important at this would be capable of hitting the United their declaration: time because the administration is now States. Now they are seeking to de- We therefore recognize the substantial con- considering alternatives to the plan velop ICBMs, and they are actively tribution to the protection of Allies from long pursued by the Bush administra- pursuing nuclear weapons, as we all long-range ballistic missiles to be provided tion to station ground-based intercep- know. by the planned deployment of European- tors in Poland, a missile-tracking Why, I would ask my colleagues, based United States missile defense assets. radar system in the Czech Republic. would we want to consider alternatives I also understand the Polish and Both Poland and the Czech Republic to the proposed GBI deployment in Eu- Czech Parliaments have yet to ratify have signed agreements to host these rope that would not save any money the agreements, and the ambivalence missile defense assets after being told and would not provide additional pro- presented by the Obama Administra- by the United States that we believed tection for the United States? tion now regarding what was a firm the plan is important to protect Eu- I would recall the comments former policy of the United States, means, rope and the United States from rogue Secretary of State Henry Kissinger frankly, it is unlikely they will do so states, more specifically, Iran’s devel- made a few years ago about missile de- until our administration completes its oping missile capability. fense and whether we should deploy. consideration of alternatives. This has After much effort and political cap- His comment was: I have never heard placed our situation in limbo. I am not ital has been expended, both in the of a nation whose policy it is to keep happy with that. I think it was a mis- United States and by our Polish and itself vulnerable to attack. take. Czech Republic allies and friends, now Well, we do not need to be kept vul- After all, why should those par- the project has been put in somewhat nerable to attack. We have the capa- liaments take up an agreement that of a limbo, I am afraid. bility to defend ourselves and protect the United States may pull off the Russia and the domestic left opposed against incoming missiles. Some have table? This unfortunate event was ob- this plan from the beginning. They lob- suggested that such additional protec- vious from the beginning when we bied the people and members of Con- tion is not needed, that current backed away from our plan and started gress in Poland and the Czech Republic ground-based interceptors deployed at showing uncertainty. It is obvious the to not do it. But they have gone for- our missile defense site in Fort Greely, political support in Central Europe ward with it today. If the objections of AK, can provide complete protection may erode. the United States to this system arise for the United States against Iranian I am left to conclude that the reason from Czech reasons, then I would refer threats. the administration is pursuing alter- my colleagues to a February 2009 CBO But that argument does not tell the natives in this current plan is its hopes study Senator LIEBERMAN cited, ‘‘Op- complete story. The truth is, deploying it will address Russian objections tions for Deploying Missile Defense in GBIs in Europe would provide an early about the proposed deployment as part Europe,’’ which came to the conclusion opportunity to intercept Iranian mis- of a grand strategy to reset relations that a ground-based interceptor de- siles headed to the east coast, which with Russia and conclude a follow-on ployment in Poland and the Czech Re- could then be followed by an intercept to the START nuclear reduction agree- public is the most effective and afford- attempt by Alaska, providing the ment. I am not confident in this effort. able option available for the foresee- United States an extra layer of protec- In fact, it seems to, instead of moving able future. tion. Just 10 missiles could provide a our relations forward, have moved The CBO concluded: ‘‘This is the great additional protection for the them backward. most effective and affordable option for United States. That is what is needed, Let me make note of some recent the foreseeable future.’’ an integrated, layered, ballistic missile events. Just days after the United Other options apparently now under defense shield that effectively protects States and Russia reached a broader consideration include the deployment America and her allies from rogue at- agreement on arms reductions and mis- of a land- or sea-based version of the tack. sile defense cooperation at the July 6 Standard Missile 3, SM–3 which is now Most Americans think we are ade- Moscow summit, Reuters News Agency deployed on Aegis ships of the United quately protected. I do remember a reported, on July 10, 4 days later, that States. townhall meeting I held, and I asked Russian President Medvedev threat- The CBO found that this option, the the people there: What would happen if ened the United States that if it did SM–3, will not available until late in a missile was launched at the United not reach agreement with Russia on the next decade, is no less expensive States? They said: We would shoot it our joint NATO/Polish/Czech plans for

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After all of these in- arms control talks with the United I don’t think that is no small matter. vestments and all these years, for $1 States if we pursue cooperation with These are historic figures in Eastern billion we could complete the program. We are saving about $150, $200 million our allies on missile defense, a system Europe who suffered under the Com- this year that would have kept us on that in no way threatens Russia’s mas- munist boot. They do not want to go track. Maybe we can keep the system sive nuclear capability, and they know back. They are sending us a message. going forward. I hope so with this reso- it. They are great American allies. They Ten interceptors of the United States lution and some other things. believe in freedom and democracy. This in Europe are going to somehow have a But the American people need to is not an academic matter to them, it capability to stop the thousands of know that we are not talking about a is very real. minor retrenchment of national mis- Russian missiles and nuclear weapons I ask unanimous consent to have this that they have? Russia knows that our sile defense in the budget that has letter printed in the RECORD at the come forward out of our committee. It defenses would be no match. conclusion of my remarks. represents the biggest reduction of As reported by the Associated Press, The PRESIDING OFFICER (Mr. just 1 day after the summit, Lavrov missile defense funding during my time UDALL of Colorado). Without objection, stated: in the Senate, over 12 years. it is so ordered. I hope that as the months go along If our partners make a decision to create (See exhibit 1.) an American missile defense system with Mr. SESSIONS. On March 5, Sec- we will be able to reevaluate what we global reach, then that will doubtless place a retary of State Hillary Clinton are doing and make sure we don’t aban- big question mark over the prospects for fur- don the progress we have made and ther reduction in strategic offensive weap- ‘‘applaud[ed] the decision by the people of the Czech Republic and their govern- take full advantage of decades of re- ons. search and development that has pro- ment—as well as the people and Gov- Again, this is, unfortunately, a re- duced a system that will work to pro- ernment of Poland—for proceeding gressive approach by Russia on issues tect us. that I do not think is justified. It with missile defense on their soil.’’ I yield the floor. That was just in March of this year. seems we are falling back into a darker [JULY 15, 2009] The United States should honor this approach to world affairs with threats EXHIBIT 1 commitment by proceeding with the instead of working together to build a AN OPEN LETTER TO THE OBAMA ADMINISTRA- missile defense deployment as planned more peaceful and prosperous, harmo- TION FROM CENTRAL AND EASTERN EUROPE and not be affected by Russia’s un- nious world. (By Valdas Adamkus, Martin Butora, Emil If, in fact, there were technical argu- founded objections. I remain baffled by Constantinescu, Pavol Demes, Lubos ments in favor of alternative deploy- their objections, other than, perhaps, Dobrovsky, Matyas Eorsi, Istvan ments, which there are not, Russian this is a way they think they can ex- Gyarmati, Vaclav Havel, Rastislav Kacer, belligerence would now indeed be an tract concessions from the United Sandra Kalniete, Karel Schwarzenberg, argument for proceeding, nevertheless. States as a bargaining chip. Michal Kovac, Ivan Krastev, Alexander The former Prime Minister of the As the CBO study referenced above Kwasniewski, Mart Laar, Kadri Liik, Janos makes clear: Martonyi, Janusz Onyszkiewicz, Adam Czech Republic, Mirek Topolanek, put Rotfeld, Vaira Vike-Freiberga, Alexandr Only the Polish and Czech deployments the issue in its proper perspective when Vondra, Lech Walesa) he stated: can protect the United States and Europe. Any other option costs more and defends the We have written this letter because, as The moral challenge is clear and simple: If U.S. less, if at all. Central and Eastern European (CEE) intel- we are not willing to accept in the interests lectuals and former policymakers, we care of the defense of the Euro-Atlantic area such I ask my colleagues to support this deeply about the future of the transatlantic a trifle as the elements of a missile defense message. It will be good for our coun- relationship as well as the future quality of system, then how shall we be able to face try to be clear on this question and for relations between the United States and the more difficult challenges that may come? Congress to speak up. countries of our region. We write in our per- That is an important statement. Are I express a concern about what has sonal capacity as individuals who are friends we losing confidence in ourselves? He is happened in this budget to national and allies of the United States as well as not alone in that view. Just last week, missile defense. It represents a major committed Europeans. Our nations are deeply indebted to the 22 prominent Eastern European polit- reduction in spending for missile de- United States. Many of us know firsthand ical figures of important historic im- fense. We intend to deploy 44 missiles how important your support for our freedom portance, including Poland’s Lech in Alaska. The budget proposes, I be- and independence was during the dark Cold Walesa and the Czech Republic’s lieve, now just 30. It was proposed and War years. U.S. engagement and support was Vaclav Havel, published an open letter part of the agenda for the last number essential for the success of our democratic to President Obama expressing their of years to place a multikill vehicle on transitions after the Iron Curtain fell twenty uneasiness over U.S. maneuvers with top of these interceptors so it could years ago. Without Washington’s vision and Russia. This letter was sent to address leadership, it is doubtful that we would be in take out dummies and decoys and mul- NATO and even the EU today. their concerns in light of what appears tiple missiles. That was zeroed out, We have worked to reciprocate and make to them to be Russia’s attempt to re- ended in this budget. For a number of this relationship a two-way street. We are assert its influence over Russia’s years, we have been funding research Atlanticist voices within NATO and the EU. former Eastern European satellites. and development of the kinetic energy Our nations have been engaged alongside the These are independent nations. They interceptor. That is a high-speed sys- United States in the Balkans, Iraq, and have been freed from Soviet domina- tem that can take out missiles in the today in Afghanistan. While our contribu- tion may at times seem modest compared to tion. It is not their desire to kowtow to launch phase, which is the best phase your own, it is significant when measured as Russia and to have to seek Russia’s to do so. That was zeroed out. There a percentage of our population and GDP. permission over whether to put a radar was the airborne laser which has the Having benefited from your support for lib- site in their country. They are sov- capability of shooting down missiles in eral democracy and liberal values in the ereign nations. their launch phase when they have so past, we have been among your strongest These leaders noted in their letter much heat coming out of them. It is supporters when it comes to promoting de- that America’s planned missile defense funded for 1 more year, and it will be mocracy and human rights around the world. installations in Poland and the Czech Twenty years after the end of the Cold ended, apparently. Of course, now the War, however, we see that Central and East- Republic have become ‘‘a symbol of 10 interceptors in Europe are in ques- ern European countries are no longer at the America’s credibility and commitment tion. heart of American foreign policy. As the new in the region.’’ They further warned We need to be sure we understand Obama Administration sets its foreign-pol- that: how seriously we are impacting the icy priorities, our region is one part of the

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7981 world that Americans have largely stopped weakening of the transatlantic relationship. region. There are differing views within the worrying about. Indeed, at times we have the The hope was that integration of Central and region when it comes to Moscow’s new poli- impression that U.S. policy was so successful Eastern Europe into the EU would actually cies. But there is a shared view that the full that many American officials have now con- strengthen the strategic cooperation be- engagement of the United States is needed. cluded that our region is fixed once and for tween Europe and America. Many in the region are looking with hope all and that they could ‘‘check the box’’ and However, there is a danger that instead of to the Obama Administration to restore the move on to other more pressing strategic being a pro-Atlantic voice in the EU, support Atlantic relationship as a moral compass for issues. Relations have been so close that for a more global partnership with Wash- their domestic as well as foreign policies. A many on both sides assume that the region’s ington in the region might wane over time. strong commitment to common liberal transatlantic orientation, as well as its sta- The region does not have the tradition of as- democratic values is essential to our coun- bility and prosperity, would last forever. suming a more global role. Some items on tries. We know from our own historical expe- That view is premature. All is not well ei- the transatlantic agenda, such as climate rience the difference between when the ther in our region or in the transatlantic re- change, do not resonate in the Central and United States stood up for its liberal demo- lationship. Central and Eastern Europe are Eastern European publics to the same extent cratic values and when it did not. Our region at a political crossroads and today there is a as they do in Western Europe. suffered when the United States succumbed growing sense of nervousness in the region. Leadership change is also coming in Cen- to ‘‘realism’’ at Yalta. And it benefited when The global economic crisis is impacting on tral and Eastern Europe. Next to those, there the United States used its power to fight for our region and, as elsewhere, runs the risk are fewer and fewer leaders who emerged principle. That was critical during the Cold that our societies will look inward and be from the revolutions of 1989 who experienced War and in opening the doors of NATO. Had less engaged with the outside world. At the Washington’s key role in securing our demo- a ‘‘realist’’ view prevailed in the early 1990s, same time, storm clouds are starting to cratic transition and anchoring our coun- we would not be in NATO today and the idea gather on the foreign policy horizon. Like tries in NATO and EU. A new generation of of a Europe whole, free, and at peace would you, we await the results of the EU Commis- leaders is emerging who do not have these be a distant dream. sion’s investigation on the origins of the memories and follow a more ‘‘realistic’’ pol- We understand the heavy demands on your Russo-Georgian war. But the political im- icy. At the same time, the former Com- Administration and on U.S. foreign policy. It pact of that war on the region has already munist elites, whose insistence on political is not our intent to add to the list of prob- been felt. Many countries were deeply dis- and economic power significantly contrib- lems you face. Rather, we want to help by turbed to see the Atlantic alliance stand by uted to the crises in many CEE countries, being strong Atlanticist allies in a U.S.-Eu- as Russia violated the core principles of the gradually disappear from the political scene. ropean partnership that is a powerful force Helsinki Final Act, the Charter of Paris, and The current political and economic turmoil for good around the world. But we are not the territorial integrity of a country that and the fallout from the global economic cri- certain where our region will be in five or was a member of NATO’s Partnership for sis provide additional opportunities for the ten years time given the domestic and for- Peace and the Euroatlantic Partnership forces of nationalism, extremism, populism, eign policy uncertainties we face. We need to Council—all in the name of defending a and anti-Semitism across the continent but take the right steps now to ensure the strong sphere of influence on its borders. also in some of our countries. relationship between the United States and Despite the efforts and significant con- This means that the United States is like- Central and Eastern Europe over the past tribution of the new members, NATO today ly to lose many of its traditional interlocu- twenty years will endure. seems weaker than when we joined. In many tors in the region. The new elites replacing We believe this is a time both the United of our countries it is perceived as less and them may not share the idealism—or have States and Europe need to reinvest in the less relevant—and we feel it. Although we the same relationship to the United States— transatlantic relationship. We also believe are full members, people question whether as the generation who led the democratic this is a time when the United States and NATO would be willing and able to come to transition. They may be more calculating in Central and Eastern Europe must reconnect our defense in some future crises. Europe’s their support of the United States as well as around a new and forward-looking agenda. dependence on Russian energy also creates more parochial in their world view. And in While recognizing what has been achieved in concern about the cohesion of the Alliance. Washington a similar transition is taking the twenty years since the fall of the Iron President Obama’s remark at the recent place as many of the leaders and personal- Curtain, it is time to set a new agenda for NATO summit on the need to provide cred- ities we have worked with and relied on are close cooperation for the next twenty years ible defense plans for all Alliance members also leaving politics. across the Atlantic. was welcome, but not sufficient to allay And then there is the issue of how to deal Therefore, we propose the following steps: fears about the Alliance’s defense readiness. with Russia. Our hopes that relations with First, we are convinced that America needs Our ability to continue to sustain public sup- Russia would improve and that Moscow Europe and that Europe needs the United port at home for our contributions to Alli- would finally fully accept our complete sov- States as much today as in the past. The ance missions abroad also depends on us ereignty and independence after joining United States should reaffirm its vocation as being able to show that our own security NATO and the EU have not been fulfilled. In- a European power and make clear that it concerns are being addressed in NATO and stead, Russia is back as a revisionist power plans to stay fully engaged on the continent close cooperation with the United States. pursuing a 19th-century agenda with 21st- even while it faces the pressing challenges in We must also recognize that America’s century tactics and methods. At a global Afghanistan and Pakistan, the wider Middle popularity and influence have fallen in many level, Russia has become, on most issues, a East, and Asia. For our part we must work of our countries as well. status-quo power. But at a regional level and at home in our own countries and in Europe Public opinions polls, including the Ger- vis-a-vis our nations, it increasingly acts as more generally to convince our leaders and man Marshall Fund’s own Transatlantic a revisionist one. It challenges our claims to societies to adopt a more global perspective Trends survey, show that our region has not our own historical experiences. It asserts a and be prepared to shoulder more responsi- been immune to the wave of criticism and privileged position in determining our secu- bility in partnership with the United States. anti-Americanism that has swept Europe in rity choices. It uses overt and covert means Second, we need a renaissance of NATO as recent years and which led to a collapse in of economic warfare, ranging from energy the most important security link between sympathy and support for the United States blockades and politically motivated invest- the United States and Europe. It is the only during the Bush years. Some leaders in the ments to bribery and media manipulation in credible hard power security guarantee we region have paid a political price for their order to advance its interests and to chal- have. NATO must reconfirm its core function support of the unpopular war in Iraq. In the lenge the transatlantic orientation of Cen- of collective defense even while we adapt to future they may be more careful in taking tral and Eastern Europe. the new threats of the 21st century. A key political risks to support the United States. We welcome the ‘‘reset’’ of the American- factor in our ability to participate in We believe that the onset of a new Adminis- Russian relations. As the countries living NATO’s expeditionary missions overseas is tration has created a new opening to reverse closest to Russia, obviously nobody has a the belief that we are secure at home. We this trend but it will take time and work on greater interest in the development of the must therefore correct some self-inflicted both sides to make up for what we have lost. democracy in Russia and better relations be- wounds from the past. It was a mistake not In many ways the EU has become the tween Moscow and the West than we do. But to commence with proper Article 5 defense major factor and institution in our lives. To there is also nervousness in our capitals. We planning for new members after NATO was many people it seems more relevant and im- want to ensure that too narrow an under- enlarged. NATO needs to make the Alliance’s portant today than the link to the United standing of Western interests does not lead commitments credible and provide strategic States. To some degree it is a logical out- to the wrong concessions to Russia. Today reassurance to all members. This should in- come of the integration of Central and East- the concern is, for example, that the United clude contingency planning, prepositioning ern Europe into the EU. Our leaders and offi- States and the major European powers might of forces, equipment, and supplies for rein- cials spend much more time in EU meetings embrace the Medvedev plan for a ‘‘Concert of forcement in our region in case of crisis as than in consultations with Washington, Powers’’ to replace the continent’s existing, originally envisioned in the NATO-Russia where they often struggle to attract atten- value-based security structure. The danger is Founding Act. tion or make our voices heard. The region’s that Russia’s creeping intimidation and in- We should also re-think the working of the deeper integration in the EU is of course wel- fluence-peddling in the region could over NATO-Russia Council and return to the prac- come and should not necessarily lead to a time lead to a de facto neutralization of the tice where NATO member countries enter

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Further- in Iraq and Afghanistan—have not yet been with Russia as part of our efforts to ad- more, the more secure we feel inside NATO, brought into the visa waiver program. It is dress the Iranian missile threat. Those the easier it will also be for our countries to incomprehensible that a critic like the missiles, of course, potentially could be reach out to engage Moscow on issues of French anti-globalization activist Jose Bove armed with nuclear warheads. This po- common interest. That is the dual track ap- does not require a visa for the United States tential Iranian missile threat is a proach we need and which should be reflected but former Solidarity activist and Nobel threat that confronts not just Europe in the new NATO strategic concept. Peace prizewinner Lech Walesa does. This Third, the thorniest issue may well be as NATO but also Russia as well, obvi- issue will be resolved only if it is made a po- ously, and a number of other countries. America’s planned missile-defense installa- litical priority by the President of the tions. Here too, there are different views in United States. It is a real threat. Everything we can the region, including among our publics The steps we made together since 1989 are do to deter that, everything we can do which are divided. Regardless of the military not minor in history. The common successes to defend, should it ever materialize, is merits of this scheme and what Washington are the proper foundation for the trans- something we must do. It is a major eventually decides to do, the issue has never- atlantic renaissance we need today. This is threat. theless also become—at least in some coun- why we believe that we should also consider In one of its findings, NATO recog- tries—a symbol of America’s credibility and the creation of a Legacy Fellowship for commitment to the region. How it is handled nizes this Iranian threat. This is the young leaders. Twenty years have passed way NATO recognized this Iranian could have a significant impact on their fu- since the revolutions of 1989. That is a whole ture transatlantic orientation. The small generation. We need a new generation to threat and the importance of trying to number of missiles involved cannot be a renew the transatlantic partnership. A new work together to deter, to try to pre- threat to Russia’s strategic capabilities, and program should be launched to identify those vent it from happening, and then, the Kremlin knows this. We should decide young leaders on both sides of the Atlantic should it happen, to defend against it, the future of the program as allies and based who can carry forward the transatlantic to make it useless. Here is what NATO on the strategic plusses and minuses of the project we have spent the last two decades said in April: different technical and political configura- building in Central and Eastern Europe. tions. The Alliance should not allow the We support increased missile defense co- In conclusion, the onset of a new Adminis- operation between Russia and NATO, includ- issue to be determined by unfounded Russian tration in the United States has raised great opposition. Abandoning the program entirely ing maximum transparency and reciprocal hopes in our countries for a transatlantic re- confidence-building measures to allay any or involving Russia too deeply in it without newal. It is an opportunity we dare not miss. consulting Poland or the Czech Republic can concerns. We reaffirm our readiness to ex- We, the authors of this letter, know first- plore the potential for linking United States, undermine the credibility of the United hand how important the relationship with States across the whole region. NATO and Russian missile defense systems the United States has been. In the 1990s, a at an appropriate time and we encourage the Fourth, we know that NATO alone is not large part of getting Europe right was about enough. We also want and need more Europe Russian Federation to take advantage of getting Central and Eastern Europe right. [U.S.] missile defense cooperation proposals. and a better and more strategic U.S.-EU re- The engagement of the United States was lationship as well. Increasingly our foreign critical to locking in peace and stability Back in April, I led a delegation, policies are carried out through the Euro- from the Baltics to the Black Sea. Today the with Senators COLLINS and BILL NEL- pean Union—and we support that. We also goal must be to keep Central and Eastern SON, to visit Russia, Poland, and the want a common European foreign and de- Europe right as a stable, activist, and Czech Republic to discuss missile de- fense policy that is open to close cooperation Atlanticist part of our broader community. fense and the potential for a coopera- with the United States. We are the advocates That is the key to our success in bringing of such a line in the EU. But we need the tive approach. What we found is that about the renaissance in the Alliance the there appears to be real potential for a United States to rethink its attitude toward Obama Administration has committed itself the EU and engage it much more seriously as to work for and which we support. That will cooperative approach and for having a strategic partner. We need to bring NATO require both sides recommitting to and in- missile defense be a uniting issue and the EU closer together and make them vesting in this relationship. But if we do it against a common threat instead of a work in tandem. We need common NATO and right, the pay off down the road can be very dividing issue. If we can find a way to EU strategies not only toward Russia but on real. By taking the right steps now, we can cooperate with Russia on missile de- a range of other new strategic challenges. put it on new and solid footing for the fu- fense, it would send an extraordinarily Fifth is energy security. The threat to en- ture. ergy supplies can exert an immediate influ- powerful message to Iran that we are ence on our nations’ political sovereignty The PRESIDING OFFICER. The Sen- united against their continued develop- also as allies contributing to common deci- ator from Michigan. ment of nuclear technology and long- sions in NATO. That is why it must also be- Mr. LEVIN. Mr. President, I very range ballistic missiles. come a transatlantic priority. Although much support the pending amendment. That is the point of missile defense in most of the responsibility for energy secu- It is the product of a lot of work by a Europe, to address the Iranian missile rity lies within the realm of the EU, the lot of people. Senator LIEBERMAN, in and nuclear program in order to en- United States also has a role to play. Absent particular, was considering offering an hance their security and our security. American support, the Baku-Tbilisi-Ceyhan amendment during our markup in the pipeline would never have been built. Energy This amendment will authorize prior security must become an integral part of committee. He agreed that he would year’s funds for a variety of cost-effec- U.S.-European strategic cooperation. Central hold off until we got to the floor to try tive and operationally effective missile and Eastern European countries should to get broad bipartisan agreement on a defense options that could protect Eu- lobby harder (and with more unity) inside very important subject. He did that. rope and the United States from Ira- Europe for diversification of the energy mix, We are grateful to him for doing so. nian missiles of all ranges, current and suppliers, and transit routes, as well as for This amendment is consistent with future. The amendment is designed to tough legal scrutiny of Russia’s abuse of its the administration’s policies for mis- command and hopefully attract strong monopoly and cartel-like power inside the sile defense in Europe, including its EU. But American political support on this bipartisan support. I hope it does just will play a crucial role. Similarly, the consideration of a variety of options that. United States can play an important role in and architectures for defending Europe, I believe a voice vote may be possible solidifying further its support for the including the so-called third site in Po- after Senator MCCAIN speaks. I hope Nabucco pipeline, particularly in using its land and the Czech Republic. The main that is the case, given the schedule. security relationship with the main transit purpose of these efforts in Europe is to The PRESIDING OFFICER. The Sen- country, Turkey, as well as the North-South act against an Iranian missile threat ator from Arizona. interconnector of Central Europe and LNG should it materialize. It is very impor- Mr. MCCAIN. Mr. President, I rise in terminals in our region. support of the Lieberman amendment Sixth, we must not neglect the human fac- tant that we do so. tor. Our next generations need to get to Earlier this month, General Cart- expressing the sense of the Senate that know each other, too. We have to cherish wright, Vice Chairman of the Joint the U.S. Government should continue and protect the multitude of educational, Chiefs, testified before the Armed Serv- developing and planning for the pro- professional, and other networks and friend- ices Committee that the Department of posed deployments of elements of a

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7983 ground-based midcourse defense sys- administration officials before the I thank the Chair, and I yield the tem. I thank the Senator from Con- Armed Services Committee, that the floor. necticut for this amendment and his United States is preparing to back The PRESIDING OFFICER. If there willingness to work with all parties, away from its commitments to our is no further debate on the amendment, which will then allow us to voice vote Polish and Czech allies, this amend- the question is on agreeing to the this very important amendment. ment comes at an important moment. amendment. Obviously, there are a lot of strong It was only a year ago, after all, that The amendment (No. 1744) was agreed feelings on the issue of missile defense the United States and the Czech Re- to. in Europe. I believe this amendment public affirmed that: Mr. LEVIN. Mr. President, I move to addresses and expresses our concerns Within the context of, and consistent with, reconsider the vote. and our goals, including a midcourse both the North Atlantic Treaty and the Mr. MCCAIN. I move to lay that mo- radar in the Czech Republic and Czech Republic . . . the United States is tion on the table. ground-based interceptors in Poland, as committed to the security of the Czech Re- The motion to lay on the table was well as the reservation of funds for the public. [And that] the Czech Republic and agreed to. the United States will work together to development and deployment of missile Mr. LEVIN. I suggest the absence of defense systems in Europe. counter emerging military or non-military threats posed by third parties or to minimize a quorum. As rogue nations, including North the effects of such threats. The PRESIDING OFFICER. The Korea and Iran, push the nuclear enve- Similarly, on August 20, 2008, the clerk will call the roll. lope and work tirelessly to develop de- United States signed an agreement The assistant legislative clerk pro- livery vehicles capable of reaching with Poland stating that the: ceeded to call the roll. America and its allies, we must aggres- Mr. LEVIN. Mr. President, I ask sively develop the systems necessary to United States is committed to the security of Poland and of any U.S. facilities located unanimous consent that the order for counter such belligerent efforts. En- on the territory of the Republic of Poland. the quorum call be rescinded. hancing missile defense capabilities in . . .The United States and Poland intend to The PRESIDING OFFICER. Without Europe is an essential component to expand air and missile defense cooperation. objection, it is so ordered. addressing rogue state and in-theater In this regard, we have agreed on an impor- Mr. LEVIN. Mr. President, I now ask tant new area of such cooperation involving threats we face and expect to face in unanimous consent that Senator DOR- the future. the deployment of a U.S. Army Patriot air and missile defense battery in Poland. GAN be recognized for up to 15 minutes As Iran works to develop ballistic and then we return to regular order. Our Polish friends are clearly uneasy missile capabilities of all ranges, the The PRESIDING OFFICER. Is there and have been quite vocal. During a United States must reaffirm its com- objection? forum earlier this year in Brussels, mitments to its allies and develop and Without objection, it is so ordered. Polish Foreign Minister Radoslaw Si- deploy effective missile defense sys- The Senator from North Dakota. korski said: tems. The Iranian ballistic missile Mr. DORGAN. Mr. President, let me threat is real and growing. During the We hope we don’t regret our trust in the thank the chairman of the committee, NATO summit in Bucharest in April of United States. Senator LEVIN, and Senator MCCAIN, 2008, the allies cited the threat of bal- I urge the administration and my for their work on this bill. listic missile proliferation as one of colleagues in the Senate to join me in We talk about a lot of things in this great concern to their forces, territory, reiterating our commitment to the se- bill: jet fighters, bombers, tankers, curity and freedom of these nations as and populations. Missile defense in Eu- submarines, unmanned aerial vehi- well as deterring and defending them rope, according to NATO ‘‘forms part cles—lots and lots of subjects. The sub- against any threats to their security. of a broader response to counter this jects are about the defense of our coun- threat . . . [a] substantial contribution With respect to Russia and the ongo- try, what provides national security to the protection of Allies from long- ing START negotiations, I urge the for our country, so these are all very range ballistic missiles to be provided President to continue to reject any important. I wish to speak, however, by the planned deployment of Euro- Russian attempt to link reductions in about one piece of this legislation that pean-based United States missile de- offensive strategic nuclear weapons probably is not mentioned much but I fense assets.’’ with defensive capabilities such as mis- Uncertainty about the future of mis- sile defense. Russia, too, must recog- think is very important; that is, the re- sile defense in Europe, some stemming nize that the current Iranian path is duction of the threat of nuclear weap- from perceptions, whether wanted or unsettling to the global interests of all ons. not, that Russia will have a say or veto peace-seeking nations. Missile defense There is something over $400 million power over the disposition of our mis- in Europe is not and should not be in this bill that deals with the efforts sile defense architecture, has caused viewed in Moscow as some new form of to try to reduce the threat of nuclear concerns both here in the Senate and post-Cold War aggression. It is, rather, weapons. among some of our closest European a reasonable and prudent response to I have had at my desk in the Senate allies. I urge the administration to pro- the very real threats the Iranian re- for a long while some pieces of equip- vide some clarity on how it plans to gime continues to pose to the United ment. I ask unanimous consent to show honor the commitments the United States, Europe, and the world. them. States has made to Poland and the Again, I thank my good friend from The PRESIDING OFFICER. Without Czech Republic. Connecticut for offering this amend- objection, it is so ordered. The last administration recognized ment, and I urge my colleagues to sup- Mr. DORGAN. Mr. President, this is a the importance and need for a Euro- port its adoption. piece of a wing of a Soviet Backfire pean component to our missile defense Mr. President, I yield the floor. bomber. We did not shoot this plane system, reached out to the Govern- The PRESIDING OFFICER. The Sen- down. This was sawed off of a wing of a ments of Poland and the Czech Repub- ator from Connecticut. Backfire bomber that would have car- lic, and asked that they make what Mr. LIEBERMAN. Mr. President, ried nuclear weapons, presumably, to many at the time perceived as an un- very briefly, I want to thank Senator threaten our country. But under some- popular agreement. Despite unwanted LEVIN and Senator MCCAIN for their thing called the Nunn-Lugar Coopera- threats from Russia, both governments very thoughtful statements in support tive Threat Reduction program that we recognized the importance such a capa- of this amendment. I thank their staffs engaged in with the countries of the bility would provide to their citizens for the work that has been done with former Soviet Union, bombers were de- and to Europe as a whole and agreed to all of my staff, Senator SESSIONS, and stroyed—oh, not by bullets, but they allow the United States to place others to reach this agreement. It is an were sawed in half and the wings were ground-based interceptors in Poland important statement of policy about taken off and so on. and a midcourse radar site in the Czech our national security in the years This is a tube of copper, I show you, Republic. ahead. I appreciate all that has been from the electrical wiring of a Russian Given the perception, one that has done by everyone here in the spirit of submarine that carried nuclear weap- been strengthened by the testimony of unity. ons targeting this country. This was

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7984 CONGRESSIONAL RECORD — SENATE July 23, 2009 ground up by the Cooperative Threat nate it? The answer is yes. If it were We are operating now under what is Reduction program. The submarine trucked, for example, to Times Square called the Strategic Offensive Reduc- was not destroyed by American bullets. and exploded, would half a million peo- tions Treaty, also known as the Mos- This is part of the Cooperative Threat ple be killed instantly? Yes. cow Treaty, that our last President ne- Reduction effort. But they did not tell anybody. They gotiated. It required the United States This, I show you, is a hinge from a did not tell the mayor of New York. and Russia to have no more than 2,200 nuclear weapon on top of a missile that They sent nuclear weapons search operationally deployed nuclear weap- was in the Ukraine, presumably aimed teams to New York. The President sent ons. It does not mean that is the limit. at an American target. Where this mis- teams to New York but did not inform That is just the operationally deployed sile once sat now grows sunflowers in anybody, for obvious reasons. limit. They can have far more nuclear the Ukraine. About a month later, while there weapons than that. By 2012, they had to The Cooperative Threat Reduction were a lot of people having an apoplec- be down to 2,200 operationally de- Program—now, why is that important? tic seizure about this prospect, it was ployed. It does not restrict delivery ve- Mr. President, we have a lot of determined that perhaps the report by hicles of any kind—missiles, ships, threats to this country, but none is as the CIA agent, Dragonfire, was not planes. It does not have any verifica- great as the threat of a nuclear war- credible. tion measures, and it expires in 2012. head being exploded in a major Amer- Now, think of that. Think of the un- There is another treaty called the ican city or any metropolitan area of believable angst about the potential of START Treaty, which was superseded this world, for example. one rather small nuclear weapon, a 10- by the treaty I just described. But Here, as shown on this chart, is how kiloton nuclear weapon, having been some parts of the START Treaty are many nuclear warheads we have. This stolen on a planet where there are still in force because it does have veri- is from the Carnegie Endowment in 25,000 of them—most of them much fication and onsite monitoring and 2009. They estimate the number of nu- larger than that. Think of the angst confidence-building measures and it clear warheads that exist on the plan- about the potential of having one sto- does limit delivery vehicles. But that et—Russia, about 14,000 nuclear weap- len by a terrorist group and exploded in limitation is going to expire, and that ons; the United States, 10,500 nuclear the middle of an American city. That is START Treaty expires at the end of weapons; China, about 125; France, just one weapon, and there are 25,000. this year. about 300; Britain, about 160 nuclear There are a lot of people who are So the point I want to make today weapons; Israel, 80; India, 50; Pakistan, good thinkers and very experienced in simply is this: We are talking about a these areas who will tell you, including 60, and so on. lot of very important things, and I Let me tell you a story, if I might. It former Defense Secretary Perry and think the bill put together by the is a story that has been written about others, that there is a very high prob- chairman and ranking member, this extensively. In fact, it was the lead for ability that within the coming 10 years Defense authorization bill, is very im- there will be a nuclear weapon ex- a book called ‘‘Nuclear Terrorism,’’ portant. I understand that. We need an ploded in a major city. written by Graham Allison. Army, a Navy, the Marines, the Air So with all of the talk about planes It was 1 month after 9/11/2001. It was and ships and all of the issues in this Force. We need them well equipped. October 11, 2001, when, at the Presi- bill, this issue of the threat reduction, This is a troubling world in some cor- dential daily briefing to President with $400 million-plus in this bill—the ners. We face an enormous threat of George W. Bush, George Tenet, the threat reduction that allowed us to dis- terrorism. We face a lot of different then-head of the CIA, informed the mantle nuclear weapons, cut off the threats. We must keep our eye on the President that a CIA agent code named wings of an adversary’s bombers, grind ball. We, above all, here in the United Dragonfire had reported that al-Qaida up the wiring, and destroy the sub- States have a responsibility to provide terrorists possessed a 10-kiloton nu- marines—that is critically important. the leadership that is necessary to stop clear weapon, evidently stolen from the The question for us is, What are we the spread of nuclear weapons, and to Russian arsenal. According to going to do to reduce the number of nu- try to push and push and push for Dragonfire, the CIA agent, it had been clear weapons and to stop the spread of agreements that would reduce the smuggled into an American city, prob- nuclear weapons around the world? Be- number of nuclear weapons. ably New York City. Again, at the cause almost certainly there will be an As I said before, when, again, a CIA President’s daily briefing, 1 month to explosion of a nuclear weapon in a met- agent code named Dragonfire shows up the day after 9/11, it was said that al- ropolitan area at some point in the fu- and says to the CIA, I have picked up Qaida had smuggled a 10-kiloton stolen ture unless we provide the leadership information which indicates there is nuclear weapon into perhaps New York in arms talks and arms reductions. It one nuclear weapon that has been sto- City. is our responsibility to lead. It falls on len and it is in the hands of terrorists, The CIA had no independent con- our shoulders to bear this burden to and it is now in New York City, ready firmation of it, but in the hours that lead. to be detonated, when that happens followed, the Secretary of State, the I know there are some who would next, we had better worry a great deal National Security Adviser, and others say: Do you know what, that is a sign if we haven’t prevented it, if we struggled with the question of whom do of weakness to be talking about reduc- haven’t taken all of the steps necessary you call to talk about the threat and ing nuclear weapons. I am not sug- to say, that can’t happen. That report how do you do it without the news gesting reducing America’s strength or in October of 2001 turned out to be media putting out a bulletin that there allowing America to be undefended. I false, but all of the post mortems by is a rumor that a stolen 10-kiloton Rus- am suggesting the world will be a much experts understood that it could well sian nuclear weapon is in an American safer place if we do not have 25,000 nu- have been true, and all of the elements city without causing panic and mass clear weapons, and this world will be a could have been accurate. A weapon exodus? much safer place if we find a way to could have been stolen, smuggled into So they tried to determine what to stop the spread of nuclear weapons. the city, detonated and a half a million do about this and analyzed: Was it Every day now, we see the spectacle of people within three-quarters of a mile plausible, possible that al-Qaida terror- Iran. Iran possessing a nuclear weapon? of Times Square would have died im- ists had stolen a 10-kiloton nuclear That is scary. North Korea. We do not mediately. If that would have happened weapon? The answer is yes. Did the know how many weapons North Korea the world would never be the same. Ev- Russians possess 10-kiloton nuclear has, but the Carnegie Endowment says erything will have changed. weapons? Yes. Did they have good com- perhaps less than 10. So it seems to me we have a responsi- mand and control over them, absolute But what do we do now? What do we bility to aggressively pursue arms con- command and control? No. Was it pos- do to decide we are going to be in- trol agreements. We have an oppor- sible, having stolen it, that the terror- volved in a very aggressive way leading tunity now, and a responsibility to pur- ists could have smuggled it into New the world in the nonproliferation of nu- sue aggressively, even in legislation York City or, perhaps, Washington, clear weapons and beginning to reduce such as this, the reduction of nuclear DC? Yes. And could the terrorists deto- the number of nuclear weapons? weapons and delivery vehicles to try to

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7985 see if we can step back from the abyss The PRESIDING OFFICER. Is there clearly does is it prohibits the estab- and actively engage with other nuclear objection? lishment of an outlying landing field at powers to do things that will tighten Mr. LEVIN. Mr. President, reserving the proposed Hale’s Lake, Camden controls, and in a very significant way, the right to object. I will not object— County/Currituck County landing sites prevents the opportunity from other of course—this would be the next and the Sandbanks, Gates County sites nations, and especially rogue nations, amendment which would be in a line of in North Carolina. It says to the Navy: and especially, most especially, ter- amendments that Senator MCCAIN and You have to take them off your list; rorist groups, from acquiring nuclear I are trying to work out alternating be- you can’t include them. weapons. tween the two sides. The Navy is proposing to construct We know, we have the history, that The PRESIDING OFFICER. Without an outlying landing field for their car- Osama bin Laden has been fascinated objection, it is so ordered. rier-based fixed-wing aircraft squad- with and has wanted to acquire the me- The clerk will report. rons stationed in Virginia Beach at the chanics for nuclear weapons and the The assistant legislative clerk read Naval Air Station Oceana. They pro- materials for nuclear weapons for a as follows: pose to acquire 30,000 acres. So they get long time. We know that. Al-Qaida is The Senator from North Carolina [Mr. 30,000 acres to allow for the accommo- still there. As far as we know, Osama BURR], for himself and Mrs. HAGAN, proposes dation of fee-simple purchases, the pur- bin Laden is still leading al-Qaida. It is an amendment numbered 1519. chase of restrictive use or through con- pretty unbelievable to think about Mr. BURR. Mr. President, I ask unan- servation easements. that. On 9/11 we were told there isn’t imous consent that the reading of the Approximately 2,000 acres would be one acre on this Earth that would be amendment be dispensed with. used for the core area, which would in- safe for the person who designed the at- The PRESIDING OFFICER. Without clude an 8,000-foot runway. Think tack against our country, but it is now objection, it is so ordered. about 30,000 acres relative to the air- 8 years later and we are told in the The amendment is as follows: port that is in your local community public briefings by our CIA that the (Purpose: To prohibit the establishment of and you get an idea of how much bigger greatest threat to our homeland is al- an outlying landing field at Sandbanks or this footprint is. Qaida, a reconstituted al-Qaida. The Hale’s Lake, North Carolina) I said earlier this is not about ‘‘not terrorist threat which is the greatest On page 565, after line 20, add the fol- in my backyard.’’ As a matter of fact, threat to our homeland is a reconsti- lowing: North Carolina has proffered to the tuted al-Qaida with training camps Subtitle D—Other Matters Navy currently a Marine air station in Cherry Point as a potential OLF site where they are designing attacks SEC. 2481. PROHIBITION ON OUTLYING LANDING against our country. FIELD AT SANDBANKS OR HALE’S where we already have squadrons of Let us hope that we are able to make LAKE, NORTH CAROLINA, FOR Marine aircraft. We have the capacity the kinds of efforts and provide the OCEANA NAVAL AIR STATION. and, more importantly, we have a com- kind of leadership that singularly says The Secretary of the Navy may not estab- munity that wants to have this site. lish, consider the establishment of, or pur- The Navy doesn’t support the Cherry to the world: It is this country that chase land, construct facilities, implement leads the way to stop the spread of nu- bird management plans, or conduct any Point proposal, supposedly because it clear weapons, and it is our country other activities that would facilitate the es- is considered to be in a location too far that wants to reduce the number of nu- tablishment of an outlying landing field at from Oceana. Well, let me describe for clear weapons on this planet. No, that either of the proposed sites in North Caro- my colleagues, when you draw the line won’t make us weaker; I don’t suggest lina, Sandbanks or Hale’s Lake, to support that says anything outside of this is any approach that would ever weaken field carrier landing practice for naval air- too far, Cherry Point falls 20 miles out- this country relative to its adversaries. craft operating out of Oceana, Naval Air Sta- side of the line they have drawn. Twen- tion, Virginia. But it will certainly strengthen the fu- ty miles is the glidepath to land and ture of this planet if we reduce the Mr. BURR. Mr. President, most Mem- the glidepath to take off. We are not number of nuclear weapons below the bers don’t know much about this talking about a big distance. It doesn’t 25,000 nuclear weapons that now exist amendment. If you are not from Vir- seem to make sense why the Navy is as well as take very significant steps to ginia or if you are not from North looking to condemn 30,000 acres for the stop other countries and certainly to Carolina or you are not on the Armed purposes of constructing a new facility prevent forever rogue nations and ter- Services Committee, this amendment instead of using an existing facility, an rorist organizations from acquiring nu- will probably not make a lot of sense. existing military base that would be clear weapons. That needs to be job This is about the proposed acquisition much more efficient and cost effective one. We don’t talk nearly enough about of land in North Carolina for an out- for the Navy and, more importantly, it. We don’t talk about the subject as lying landing field for carrier-based cost effective for taxpayers. much as we should. But I wanted to aircraft to practice their touch and Why am I here? Why is Senator bring this issue to the floor during this goes for the purposes of night takeoffs HAGAN offering this amendment? Be- discussion because it is in this bill, Co- and night landings. cause the people in Gates County, in operative Threat Reduction, which we This is not new to North Carolina. Currituck County, in Camden County, know works and which we have funded Let me say to my colleagues, I don’t don’t want it. The Navy went into this in the past and will continue to fund in think there is a State more friendly to process saying: If people don’t want us, this bill again, and is something that the military than North Carolina. We we won’t go there. The truth is it addresses the issue of not just building are home to Fort Bragg, the Pentagon doesn’t stop there. more weapons but actually finding of the Army; we are home to Camp I wish to enter into the RECORD, if I ways to engage with our adversaries to LeJeune, the east coast hub of the Ma- may—on May 27, 2009, the North Caro- reduce the weapons that can, frankly, rine Corps; Seymour Johnson Air Force lina General Assembly unanimously threaten the existence of this planet. Base. Our communities don’t just wel- passed a bill, House bill 613, which Mr. President, I yield the floor. come the military, they support the states that the consent of the State is The PRESIDING OFFICER. The Sen- military. I think it is the most mili- not granted to the Federal Government ator from North Carolina. tary-friendly State you can find. There for acquisition of land for an outlying Mr. BURR. Mr. President, what is the is no military family that is stationed landing field in a county or counties pending amendment? within North Carolina that has not which have no existing military base The PRESIDING OFFICER. The been extended in-State tuition regard- where squadrons are stationed. I ask pending amendment is the Akaka less of how long they are there or unanimous consent to have printed in amendment No. 1522. whether their kids are still in edu- the RECORD this document, as well as a AMENDMENT NO. 1519 cation once their parents might have letter from the president of the North Mr. BURR. Mr. President, I ask unan- been deployed elsewhere. Carolina Senate. imous consent to set aside the pending This is not an issue of ‘‘not in my There being no objection, the mate- amendment and call up amendment No. backyard.’’ There are two proposed rial was ordered to be printed in the 1519. sites. One thing my amendment very RECORD, as follows:

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SESSION LAW 2009–20, HOUSE BILL 613 deeds shall record the acceptance of jurisdic- Sincerely, An Act providing that consent of the State is tion and index it in both the grantor and the MARC BASNIGHT, not granted to the United States for ac- grantee index under the name of the United President pro tempore. quisition of land for an outlying landing States and, if title to the land over which ju- BILL OWENS, field in a county or counties which have risdiction is ceded is vested in any entity Representative. no existing military base at which air- other than the United States, then the reg- Mr. BURR. Mr. President, an OLF at craft squadrons are stationed ister of deeds shall also index the acceptance any of the proposed sites in North of jurisdiction in both the grantor and the Carolina and Virginia would create 52 The General Assembly of North Carolina grantee index under the name of that entity. enacts: (d) So long as land acquired with the con- jobs. Fifty-two jobs, for a 30,000-acre SECTION 1. G.S. 104–7 reads as rewritten: sent of the State under subsection (a) of this footprint. The location at the Hale’s ‘‘§ 104–7. Acquisition of lands by the United section remains the property of the United Lake site is a 38,000-acre farm that cur- States for customhouses, courthouses, post States, and no longer, the land shall be ex- rently employs 90 employees and has a offices, forts, arsenals, or armories; cession empt and exonerated from all State, county, of jurisdiction; exemption from taxation. local economic impact of approxi- (a) The consent of the State is hereby and municipal taxation, assessment, or other mately $6.5 million. Let me say that given, in accordance with the seventeenth charges that may be levied or imposed under again. We are being asked to consider a clause, eighth section, of the first article of the authority of this State. 30,000-acre footprint at Hale’s Lake the Constitution of the United States, to the (e) Persons residing on lands in the State where we are going to take 90 jobs and acquisition by the United States, by pur- for which any jurisdiction has been ceded we are going to replace them with 52 chase, condemnation, or otherwise, of any under this section shall not be deprived of any civil or political rights, including the jobs, where they have $6.5 million land in the State that either is: worth of economic impact and we are (1) Required for customhouses, court- right of suffrage, by reason of the cession of houses, post offices, forts, arsenals, or ar- jurisdiction to the United States.’’ going to go to a situation where the mories; provided that the total land to be ac- SECTION 2. This act is effective when it be- Federal Government doesn’t pay prop- quired for a particular facility does not ex- comes law. erty taxes. ceed 25 acres; or In the General Assembly read three times The core of the Sandsbank outlying (2) To be added to Fort Bragg, Pope Air and ratified this the 23rd day of April, 2009. landing field site contains 1,269 acres of Force Base, Camp Lejeune, New River Ma- WALTER H. DALTON, wetland. Let me say this again. The rine Corps Air Station, Seymour Johnson President of the Sen- core of the Sandsbank 30,000 acres con- Air Force Base, Cherry Point Marine Corps ate. tains 1,269 acres of wetlands. In Octo- Air Station, Military Ocean Terminal at WILLIAM L. WAINWRIGHT, Speaker pro tempore of ber of 2007, the North Carolina Division Sunny Point, or the United States Coast of Water Quality recommended that Guard Air Station at Elizabeth City. Any of the House of Rep- the land to be added to a military base resentatives. the Sandsbank site not be pursued. named in this subdivision shall be contig- BEVERLY E. PERDUE, Why? Because of the significance of uous to and within a 25-mile radius of the Governor. wetlands. military base for which the property is ac- Approved 3:21 p.m. this 30th day of April, I say to my colleagues—and I think quired. 2009. we will probably lose this amendment (a1) Notwithstanding the provisions of sub- NORTH CAROLINA GENERAL ASSEMBLY, and we will have a voice vote on it—I section (a) above, the consent of the State is not Raleigh, NC, May 27, 2009. think it is important to understand, given to the acquisition by the United States, by DEAR NORTH CAROLINA CONGRESSIONAL North Carolina has taken option after DELEGATION: We are writing to inform you of purchase, condemnation or otherwise, of any option after option to the Navy. As a land in a county or counties which have no ex- the North Carolina General Assembly’s isting military base at which aircraft squadrons unanimous opposition to the Navy’s plans to matter of fact, this is our second round are stationed, for the purpose of establishing an build an outlying landing field in north- after they shortcut an environmental outlying landing field to support training and eastern North Carolina. Last month, both impact study and the courts got in- operations of aircraft squadrons stationed at or the North Carolina House of Representatives volved for a site they had picked and transient to military bases or military stations and North Carolina Senate unanimously had already purchased the land. They located outside of the State. Exclusive jurisdic- passed House Bill 613, which says that the are now in the unusual position of hav- tion in and over any land acquired by the consent of the state is not granted to the ing a lot of land and they can’t build United States without the consent of the State federal government for acquisition of land the site there based upon where the en- for an outlying landing field in a county or under this subsection is not ceded to the United vironmental impact study sent them States for any purpose. counties which have no existing military (b) Exclusive jurisdiction in and over any base where aircraft squadrons are stationed. because they were trying to put it next land acquired by the United States with the This new law, which the Governor signed to one of the largest migratory bird consent of the State under subsection (a) of April 30th, will make it more difficult for the areas on the east coast. Not a smart this section is hereby ceded to the United Navy to force an OLF into Camden, thing when you want to have pilots States for all purposes for which the United Currituck, or Gates Counties and sends a taking jets in. It has to go through the States requests cession of jurisdiction except strong, unified message of opposition from environmental impact study whether that jurisdiction in and over these lands our state. We are including a copy of the leg- they pick the Sandsbank site or wheth- islation for your information. with respect to: (i) the service of all civil and er they pick the Hale Lake’s site. So I criminal process of the courts of this State, All along, we have known that an OLF in (ii) the concurrent power to enforce the northeastern North Carolina would benefit am not sure if the EIS will allow them criminal law, (iii) the power to enforce State the people of Virginia and would be built to to go to Sandsbank where there are laws for the protection of public health and alleviate noise and congestion at Naval Sta- 1,269 acres of wetlands that will be in- the environment and for the conservation of tion Oceana in Virginia Beach. For years, corporated into this. Those are all out natural resources, and (iv) the entire legisla- the Navy has refused to admit this very there. tive jurisdiction of the State with respect to basic rationale for their proposed OLF. We have communities today that are marriage, divorce, annulment, adoption, Therefore, we respectfully ask you, as our being affected. They are being affected commitment of the mentally incompetent, federal representatives, to urge the Navy to by the fact that property can’t sell, and descent and distribution of property is move some of the squadrons based at Oceana reserved to the State. Cession of jurisdiction to the Marine Corps Air Station at Cherry that people don’t want to move there shall continue only so long as the United Point. This would alleviate the need for an because they don’t know whether there States owns the land. OLF in northeastern North Carolina and our is going to be a naval jet base. They (c) The jurisdiction ceded shall not vest state would benefit from the employment don’t know whether there is going to until the United States has acquired title to surrounding these additional squadrons. If be a 30,000-acre protected area where the land by purchase, condemnation, or oth- an OLF is needed, North Carolina’s new law all night long you are going to have erwise; accepted the cession of jurisdiction would allow one near Cherry Point, in an aircraft going in, and it only produces in writing; and filed a certified copy of the area of our state that wants it and receives 52 jobs for the local community. Not a acceptance in the office of the register of the economic benefits as well. deeds in the county or counties in which the North Carolina is the most military-friend- very good trade-off on the part of land is located. The acceptance of jurisdic- ly state in the nation and we intend to re- North Carolina. Not a very good action tion shall be made by an authorized official main so. It is our hope that we can work to- on the part of the military. of the United States and shall include a pre- ward a solution that allows the Navy to meet I ask my colleagues—I think we prob- cise description of the land involved and a its training needs and continues the proud ably know the outcome of the vote, but

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7987 we have to be vigilant. North Carolina stantial economic impact, and to do ev- So it is, hopefully, going to prod the is an incredible State when it relates erything they can to reach an agree- Navy to do a lot better in terms of its to our military. That doesn’t mean ment with the local communities as consultation and communications with that the military can walk in and they go through this siting procedure. our communities in North Carolina, make a decision that is inconsistent Madam President, I cannot change Virginia, and around the country. I with what is good for our State, and geography. I think this committee can also must oppose this amendment. potentially forces an adverse relation- do a lot of things, but we cannot The PRESIDING OFFICER. Is there ship between the State and the mili- change the map. The map is that two further debate on the amendment? tary. They pushed it in and that is why of our major air stations, Oceana and If not, the question is on agreeing to the General Assembly did what they Cherry Point, are where our pilots and the amendment. did. It is my hope that as this bill air wings are stationed. They have to The amendment (No. 1519) was re- moves through conference, since the have the ability to train, and they have jected. House has this provision in it, at least to train someplace within a reasonable Mr. LEVIN. Madam President, I this provision will prevail. range. move to reconsider that vote, and I I thank my colleagues, I thank the So I believe after a spirited discus- move to lay that motion on the table. Chair, and I thank the ranking member sion in committee, the Senator from The motion to lay on the table was for their understanding and allowing Virginia came up with a very excellent agreed to. Mr. LEVIN. Madam President, I see me to bring this amendment up. It is amendment that basically requires a the Senator from Oklahoma here. important that every Member under- lot more participation in the local The PRESIDING OFFICER. The Sen- stand what is involved and at the core communities, a lot more consideration and consultation, and even—I have ator from Oklahoma is recognized. of this. It is the lives of the people in Mr. COBURN. I suggest the absence North Carolina. It is the ability to never seen this before—some economic assistance to the local communities, if of a quorum. have predictability in the future and The PRESIDING OFFICER. The not necessarily a decision that may necessary. Nobody likes to be awak- ened at 1 or 2 a.m. by the sound of jet clerk will call the roll. linger for 6 or 7 or 10 years with indi- The bill clerk proceeded to call the viduals not knowing what the disposi- engines. I understand that. But I also understand—and I hope our colleagues roll. tion of the Navy decision is going to be Mr. INHOFE. Madam President, I ask do—that on the entire east coast, be- and, therefore, a market for their prop- unanimous consent that the order for cause of population and the location of erty or the plans for the next genera- the quorum call be rescinded. these two major bases—Cherry Point tion of farmer as it might relate to The PRESIDING OFFICER. Without and Oceana—we don’t have much Hale’s Lake, not knowing exactly how objection, it is so ordered. choice but to look in Virginia and to plan their lives. Mr. INHOFE. Madam President, I ask I would suggest that we call the ques- North Carolina. We cannot let, over unanimous consent that we set aside tion on this amendment. time, that requirement be overridden the current pending amendment for the The PRESIDING OFFICER. The Sen- forever. We can try to accommodate consideration of Inhofe amendment No. ator from Arizona. and understand, and we can try to do 1559. Mr. MCCAIN. Mr. President, I rise in whatever is necessary to ease the bur- Mr. LEVIN. I object. reluctant opposition to the amendment den. But the fact is, our pilots have to The PRESIDING OFFICER. Objec- offered by my friend from North Caro- train. tion is heard. I appreciate the fact that both Sen- lina. He and the other Senator, the jun- AMENDMENT NO. 1710 ators from North Carolina were elo- ior Senator from North Carolina, ar- (Purpose: To provide for classified informa- quent in stating the concerns their gued passionately and, to some degree, tion procedures for military commissions, local communities have, which may be persuasively in the markup of this leg- and to provide for interlocutory appeals by under consideration for the location of islation. the United States of certain orders and rul- I think it is very appropriate that an airfield—just as the Senator from ings of military judges) they are reacting to local concerns and Virginia was concerned; but the Sen- Mr. LEVIN. Madam President, I ask ator from Virginia, I think, in his perhaps even the fact that I think, in unanimous consent that the pending amendment, laid out some parameters straight talk, perhaps the Department amendment be laid aside temporarily that I think will lead to a fair process, of the Navy has not approached some and that it be in order for me to offer which will take into consideration the of these communities in a way that an amendment on behalf of myself, very understandable concerns of the would gain the cooperation of the com- Senator GRAHAM, and Senator MCCAIN. local communities. The PRESIDING OFFICER. Is there munities. With reluctance but concern for the objection? I agree also with Senator BURR that ability of our Navy and Marine Corps Without objection, it is so ordered. the people of North Carolina are among pilots to train and be adequately pre- The clerk will report. the most patriotic that we have in our pared to fight, I oppose this amend- The bill clerk read as follows: Nation. But facts are facts, and the ment. The Senator from Michigan [Mr. LEVIN] for Navy needs a field to train carrier pi- The PRESIDING OFFICER (Mrs. himself, Mr. GRAHAM, and Mr. MCCAIN, pro- lots stationed on the east coast within SHAHEEN). The Senator from Michigan poses an amendment numbered 1710. the range of both Naval Air Station is recognized. Mr. LEVIN. Madam President, I ask Oceana and Marine Corps Air Station Mr. LEVIN. Madam President, I also unanimous consent that reading of the Cherry Point in North Carolina. The reluctantly oppose this amendment. amendment be dispensed with. Navy needs to field trained pilots in Senator BURR and Senator HAGAN have The PRESIDING OFFICER. Without order for us to have the best qualified both been very eloquent in their posi- objection, it is so ordered. pilots in the world. Part of that train- tions, and it is understandable how (The amendment is printed in the ing, of course, is to learn landing on they and their States feel in this mat- RECORD of Wednesday, July 23, 2009, aircraft carriers, among other types of ter. The Navy has not done a particu- under ‘‘Text of Amendments.’’) training. larly good job. Mr. LEVIN. Madam President, the Again, a lot of local communities in Senator WEBB, in committee, sug- amendment I now offer, along with North Carolina and Virginia have ex- gested some important language that Senators GRAHAM and MCCAIN, would pressed concern about noise, about will, hopefully, be helpful. Senator modify the procedures for the handling hours, and about the impact it will WEBB was equally eloquent in his posi- of classified evidence by military com- have on their communities. During the tion. We adopted that report language. missions. This is language that was re- markup we adopted an amendment by I think we should stand with it. It is quested by the administration wit- the Senator from Virginia, Mr. WEBB, simply not good public policy for Con- nesses at our hearing on military com- that basically requires the Navy to do gress to prematurely limit training lo- missions procedures a few weeks ago. extensive consultation with local com- cations—particularly when those sites We have worked closely together, and munities, to consider assistance to have not been fully considered by the we have worked closely with the ad- local communities in case there is sub- military. ministration on the language. It is our

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7988 CONGRESSIONAL RECORD — SENATE July 23, 2009 understanding that this amendment nesses. In accordance with those rec- missions and ensuring that they are a fair, will fully address the administration’s ommendations, and our own thinking legitimate, and effective forum for the pros- concerns. It has the support of the Jus- and discussion, the language in the ecution of law of war offenses. The Office of Management and Budget has tice Department and the Department amendment we are considering today advised us that, from the standpoint of the of Defense. tracks very closely with CIPA. In a few Administration’s program, there is no objec- Section 1031 of the bill, which ad- areas, we have chosen to codify stand- tion to the submission of this letter. dresses military commissions, is based ards that are applicable case law under Sincerely, on the standard established by the Su- CIPA to provide additional clarity. RONALD WEICH, preme Court in the Hamdan case that The amendment is consistent with Assistant Attorney General. military commissions should be con- the intention of the bill to apply estab- Mr. LEVIN. Again, I thank Senator ducted in a manner consistent with the lished procedures to military commis- GRAHAM and Senator MCCAIN. Senator procedures applicable in trials by sions and to deviate from those estab- GRAHAM is an expert we all look to in courts-martial, and that any deviation lished procedures, where justified, by matters such as this. He has not only from those procedures be justified by evident practical need. There is an evi- personal experience but he has a vast ‘‘evident practical need.’’ For this rea- dent practical need here. We have a amount of personal knowledge from son, the procedures now in the bill for good experience under CIPA, and we study, as well as his own experience in the handling of classified information decided that is the better model to fol- this area, and it is invaluable to us. It are based on the procedures established low. does help make possible the conclusion in the Uniform Code of Military Jus- We also believe the procedures in this we offer the body. tice. amendment will facilitate the handling Mr. MCCAIN. Madam President, I However, the witnesses at our July 7 of classified information in trials by would like to, once again, thank Chair- hearing on military commissions made military commissions in a way that is man LEVIN for the work he has done in a persuasive case that the procedures fair to both sides. this bill on the structure of military for the handling of classified informa- I have a letter from the Department commissions. I appreciate his working tion in Federal court—the Classified of Justice on this matter which I ask closely with me and with Senator Information Procedures Act, or CIPA— unanimous consent to have printed in GRAHAM, and I believe that the changes would provide a better model for han- the RECORD. in this bill put our military commis- dling classified information. The rea- There being no objection, the mate- sions framework on a solid footing so son is, the Federal courts have far rial was ordered to be printed in the that our nation will be ready to pro- more experience handling classified in- RECORD, as follows: ceed with the trials of terrorist detain- formation and far more precedent ap- U.S. DEPARTMENT OF JUSTICE, ees by military commission. plicable to the difficult issues raised by OFFICE OF LEGISLATIVE AFFAIRS, In the same vein, I am pleased to co- classified information in detainee Washington, DC, July 23, 2009. sponsor Senator LEVIN’s amendment Hon. CARL LEVIN, cases. DOD general counsel Jeh John- No. 1710, which deals with the protec- Chairman. tion of classified information used in son explained the issue as follows: Hon. JOHN MCCAIN, [W]e note that the legislation incorporates Ranking Minority Member, Committee on Armed military commissions. This amend- certain of the classified evidence procedures Services, U.S. Senate, Washington, DC. ment is based on extensive meetings currently applicable in courts-martial, DEAR CHAIRMAN LEVIN AND RANKING MEM- between our staffs and the professional where there is relatively little precedent and BER MCCAIN: This letter expresses the strong prosecutors who wish to ensure that practice regarding classified information. support of the Department of Justice for the classified information receives the full- Mr. Johnson continues: Levin-Graham-McCain amendment to S. est possible protection in the course of 1390, the ‘‘National Defense Authorization We in the administration believe that fur- these trials. Act for Fiscal Year 2010,’’ regarding classi- ther work could be done to codify the protec- The amendment is based in large part fied information procedures for military tions of classified evidence, in a manner con- commissions. on the Classified Information Proce- sistent with the protections that now exist The amendment would establish a system dures Act, CIPA, which includes pro- in Federal civilian courts. We believe that for addressing classified information issues tections for the use of classified infor- those protections—— in military commissions that is similar to mation in trials. Based on 20 years of Referring to the Federal civilian the system provided by the Classified Infor- experience with CIPA, and with 3 years court protections—— mation Procedures Act (‘‘CIPA’’) for crimi- of experience with the Military Com- would work better to protect classified infor- nal cases prosecuted in Federal court. Al- missions Act, the protections con- mation, while continuing to ensure fairness though CIPA might need to be updated in some respects to address terrorism cases tained in this amendment are what the and providing a stable body of precedent and professional prosecutors believe they practice for doing so. more effectively, we believe it has generally need to ensure that classified informa- VADM Bruce McDonald, the Judge worked well both in protecting national se- curity and ensuring fair proceedings. The tion is not improperly disclosed and to Advocate General of the Navy, testified Levin-Graham-McCain amendment adapts allow trials to proceed more efficiently in a very similar way. He said: CIPA to the military commissions context, by providing military judges with an Section 949d provides for the use of rules of with some modifications to reflect lessons extensive body of law based on CIPA evidence in trials by general courts-martial learned from past terrorism prosecutions. upon which to base their decisions. in the handling of classified evidence. This is The amendment expressly provides that the consistent with our overall desire to use judicial construction of CIPA shall, in most Avoiding the unauthorized disclosure those procedures found within the UCMJ . . . instances, be authoritative in interpreting of classified information is a key to en- whenever possible. However, experience has the analogous provisions in the amendment. suring the protection of our national shown that practitioners struggle with a It sets substantive standards for providing interests, and so I am pleased to advo- very complex and unclear rule within the the defense access to classified information cate the adoption of this amendment. I Military Rules of Evidence. The military in the discovery phase, and for the use of note that the Departments of Defense rules do not have a robust source of inform- classified information at trial. It also estab- and Justice concur with the language ative or persuasive case law. Frankly, pros- lishes a range of tools and procedures, such contained in this amendment. I urge ecutions using Military Rule of Evidence 505 as protective orders, ex parte hearings, alter- are rare. In developing the rules for the han- natives to disclosure of classified informa- my colleagues to support its adoption. dling of classified material during a military tion, expanded interlocutory appeal rights, Mr. LEAHY. Madam President, the commission, it would be more prudent to and sanctions for failure to comply, that will Classified Information Procedures Act, rely upon the Classified Information Proce- provide appropriate guidance to military CIPA, provides a framework for using dures Act (CIPA) used in Article III courts as judges in handling these complex issues as classified information in criminal a starting point. they arise in the course of military commis- cases. It is a valuable and flexible tool Since the time of the hearing, we sion proceedings. that allows courts to review classified have been working on a bipartisan The Department of Justice consulted at information and provide for the protec- length with committee staff as they devel- basis with the administration to oped this amendment, and we are grateful tion of such material while ensuring a produce new language on the handling for their work on this important issue. We defendant’s right to a fair trial. And it of classified information, consistent believe the amendment will advance the works. For close to 30 years, Federal with the recommendations of our wit- President’s objective of reforming the com- courts have used CIPA to successfully

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7989 handle complex criminal cases, includ- tion based on an ex parte proffer by the offered on behalf of myself, Senator ing hundreds of terrorism-related cases Government. This marks a serious de- GRAHAM, and Senator MCCAIN relative since 9/11, and still protect sensitive in- parture from CIPA’s framework for al- to the protection of classified informa- formation from public disclosure. lowing defendants to reconsider such tion; is that correct? I reintroduced the State Secrets Pro- rulings in order to ensure that they are The PRESIDING OFFICER. Amend- tection Act this Congress, legislation allowed meaningful access to evidence ment No. 1710, offered by Senator that would allow the Government to and can present a thorough defense. LEVIN, is pending, yes. claim the State secrets privilege while I support the administration and Mr. LEVIN. Mr. President, I think we ensuring that a judge would review the Senator LEVIN’s goal of using more ar- are now ready to vote on this amend- evidence the Government is relying ticle III standards in military commis- ment. upon to determine whether the privi- sions, and the use of CIPA procedures The PRESIDING OFFICER. Is there lege applies. This concept mirrors is certainly a marked improvement. further debate? CIPA and our bill draws heavily from However, it is important that we not Without objection, the amendment is CIPA procedures. But our bill does not minimize the protections and stand- agreed to. water them down. ards that make tools like CIPA effec- The amendment (No. 1710) was agreed I was encouraged to see that Senator tive in protecting both classified infor- to. Mr. LEVIN. Mr. President, I move to LEVIN, along with Senators GRAHAM mation and the rights of the accused. reconsider the vote. and MCCAIN, proposed an amendment Until we have a more thorough review Mr. MCCAIN. I move to lay that mo- to the National Defense Authorization and understanding of why these tion on the table. Act for Fiscal Year 2010 that would changes are necessary, I believe we The motion to lay on the table was provide procedures in line with CIPA should proceed cautiously before we de- agreed to. for handling classified information in part from the standards that have Mr. LEVIN. The pending matter now military commissions. One of the com- served us well for so long in our Fed- would be to return to the Akaka plaints that we have heard about com- eral jurisprudence. amendment; is that correct? missions involves procedural confu- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. That is sion, including how to approach the BEGICH). The Senator from South Caro- correct. handling of classified information. As lina. Mr. LEVIN. Mr. President, I yield the Senator LEVIN pointed out, ‘‘the unique Mr. GRAHAM. Mr. President, I thank floor. procedures and requirements hampered the chairman for his kind comments. I The PRESIDING OFFICER. The Sen- the ability of defense teams to obtain have been a military lawyer for a ator from Oklahoma. information.’’ while, but I am smart enough to know Mr. COBURN. Mr. President, I am In recent testimony before the Sen- what I don’t know. sorry I couldn’t be down here this ate Armed Services Committee, Vice The bottom line is judge advocates, afternoon, and I apologize to my col- Admiral MacDonald, the Judge Advo- to a person, have indicated the proce- leagues that we will have a delay on cate General for the U.S. Navy, dis- dures as outlined by Senator LEVIN this bill, probably with cloture, until cussed the difficulty that prosecutors would be the best way to go. Under the tomorrow morning. My statement is in have had using military rules for clas- civilian Classified Information Proce- no way meant to reflect any ill will on sified evidence and acknowledged: dures Act, there is a robust body of Senator AKAKA or Senator COLLINS or [T]he military rules on the use of classified cases. Military rule of evidence 505(b) Senator VOINOVICH or Senator information fall short of our overall goals. is not used very often in courts-mar- LIEBERMAN, but we have before us in On the other hand, for over 20 years, Article tial. What we have tried to do is inter- this amendment something that is in- III courts have relied upon the Classified In- ject into the commissions some re- tolerable to the unemployed people in formation Procedures Act, or CIPA. forms that will make the trials go for- this country today, or should be intol- David Kris, the Assistant Attorney ward in a manner that the courts are erable to everybody. General for the Department of Jus- likely to approve the work product. In fact, what we are going to do is tice’s National Security Division, I think everybody involved—military take $3.1 billion and give it to Federal agreed that CIPA ‘‘has generally judges, defense counsel, prosecutors— employees in their retirement systems worked well in both protecting classi- welcome this change. Senator LEVIN and adjustments to retirement systems fied information and ensuring fairness and his staff and our staffs have when we have 9.5 percent unemploy- of proceedings’’ and that drawing on worked with the White House. I think ment and we have six States with over CIPA would ‘‘allow military judges to we found a way to reform the military 15 percent. What we should be doing is draw on a substantial body of CIPA commissions that would provide bal- taking that $3 billion and making sure case law and practice that has been de- ance when it comes to admission of we are creating jobs so people have jobs veloped over the years.’’ classified evidence to protect the Na- in this country rather than paying I agree that, especially with this tion at large and also allowing the peo- Federal workers. novel use of military commissions, it is ple accused of a crime as much access I want to enter into the RECORD what crucial that we draw on evidentiary as possible. the average pay and benefits are for standards supported by precedent and a Every military lawyer who is going Federal employees because most Amer- proven track record. However, I am to be involved in the commissions sup- icans are unaware. concerned that some of the modifica- ports this change. I think it is one way The average Federal pay and benefit tions proposed by this amendment to make the commissions better. This for an employee of the Postal Service would depart from the traditional pro- whole effort to make the commissions is $80,353 a year. If you work at the tections provided by CIPA. For exam- better is bearing fruit. I appreciate Pentagon, but you are not a soldier, ple, CIPA requires the Attorney Gen- what Senator LEVIN has done. your average pay and benefit is $89,000 eral to certify that the disclosure of I yield the floor. a year. If you are a soldier, it is about certain information would cause iden- Mr. LEVIN. Mr. President, I suggest $25,000 less than that. The guy taking tifiable damage to the national secu- the absence of a quorum. the bullets is making $25,000 less than rity of the United States. Here, an un- The PRESIDING OFFICER. The the civilians working in the Pentagon. identified ‘‘knowledgeable United clerk will call the roll. Then you have all the rest of the Fed- States official’’ would make that dec- The legislative clerk proceeded to eral employees, and their average is laration, instead. This amendment also call the roll. $113,000. That is twice what the average imports a new standard that would re- Mr. LEVIN. Mr. President, I ask wage in this country is, and we have quire a judge to consider whether dis- unanimous consent that the order for attached this amendment to this bill— closure of information would be ‘‘detri- the quorum call be rescinded. an amendment which has nothing to do mental to national security.’’ It would The PRESIDING OFFICER. Without with the Defense Department, it has to further prohibit the accused from ap- objection, it is so ordered. do with adjusting pension benefits for pealing a court order allowing the Gov- Mr. LEVIN. Mr. President, there is Federal employees outside of the De- ernment to withhold access to informa- now pending an amendment that I have fense Department.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7990 CONGRESSIONAL RECORD — SENATE July 23, 2009 I think our Federal employees are If you look at what is actually hap- So what we have done is we are going valuable, and I do not mind paying pening to our country and take the 75- to add $2.2 trillion to our debt this them. But I do mind spending more year projections, this year we are going year, and now we have something that, money at that level now when we have to spend under $200 billion in interest. well, it just adds a measly little $3.2 a large number of people who are un- Eight years from now we are going to billion. But think about what $3.2 bil- employed. If we count people who are spend $806 billion in interest just on lion would do to help people who don’t not looking for work anymore because the interest rates we have today. have a job in this country today. In- they are so discouraged, we have over How many people believe we will stead, we are going to enhance the ben- 15 percent unemployment. The very have a Fed discount rate of a quarter of efits of Federal employees. To me, it is idea that we would take $3.2 billion 1 percent 8 years from now and that we an insult to every other worker who is from our grandkids to add to a pro- will be able to borrow money on a 10- out there who is either struggling to gram, when we have millions and mil- year T-bill at 3.6 percent? It isn’t going keep their job—and, by the way, we are lions of Americans not collecting a to happen. We are going down the road going to add 100,000 Federal employees paycheck at all, to me, is inappro- to destruction, and we are clueless this year. So these numbers are under- priate. We can’t afford it because we about how to solve it. estimating what the real cost is. are going to charge it to the next two So if we add up the 75-year projected Here is the amendment. It is 49 pages generations. We don’t have the money. unfunded liabilities for Medicare and if long. It has six major titles in it—ad- That reminds me. If we go back and we add up the 75-year unfunded liabil- justing. We allow people who left the ities for Medicaid and if we add up the talk about where we are in this coun- government to come back and put their 75-year unfunded liabilities for Social try, we have the first $4 trillion budget money back in, and we will say: Oh, Security and if we add up the 75-year ever, this year. That is what is going to you didn’t leave, so you didn’t lose any unfunded liabilities for Federal em- be spent—$4 trillion in 1 year. We are of your retirement. You still get it ployee retirement and if we add up the spending $1 trillion more this year in compounded. the last 7 months than we did last year 75-year unfunded liabilities for mili- We have institutionalized sick pay tary retirement and if we add up the in this country. We have passed bill and we have made it an entitlement. 75-year unfunded liabilities for every after bill after bill after bill that we We have said everybody who has ever other trust fund this Congress and Con- can’t afford to buy things that we don’t worked for the DC government, they gresses before have robbed the money need with money we don’t have. can work for the Federal Government Let me, for my colleagues, read the from to spend now—which should have and all of their retirement years will unemployment rates throughout the been endowed—what we come to is $100 transfer to the Federal Government. country: Alabama, 10.1 percent; Alas- trillion. But we don’t do that for anybody else ka, 8.4; Arizona, 8.7; Arkansas, 7.2; Cali- If we look at what our population is who works for any other State govern- fornia, 11.6; Colorado, 7.6; Connecticut, expected to be then, and the percentage ment. We certainly don’t do that for 8 percent; Delaware, 8.4 percent; Wash- that would not be working in the work- people who have retirement plans from ington, DC, 10.9 percent; Florida, 10.6 force—in other words, the very young percent; Georgia, 10.1; Hawaii, 7.4 per- children and the very large 40 percent any other company. We don’t add that cent; Idaho, 8.4 percent; Illinois, 10.3 of that population that is going to be retirement to the Federal Govern- percent; Indiana, 10.7 percent; Iowa, 6.2; retired—what we end up having is an ment’s. So why are we doing things Kansas, 7 percent; Kentucky, 10.9 per- unfunded obligation for every one of that are patently unfair to the rest of cent unemployment; Louisiana, 6.8; those people who are going to be the the American workforce in this coun- Maine, 8.5 percent; Maryland, 7.3 per- taxpayers of $500,000 apiece. That try? I plan on speaking on this bill until cent; Massachusetts, 8.6 percent; doesn’t include the debt we have now, cloture ripens, which means we are Michigan, 15.2 percent. which is $11.4 trillion—which is going What would the people of Michigan to double to $22 trillion over the next going to be here all night. Until this do with $3 billion to invest in jobs in 10 years—and the internal debt of that amendment is withdrawn, I will stay Michigan right now? will triple. So now we have $122 trillion here, or I will have a colleague stay Minnesota, 8.4 percent; Mississippi, 9 worth of liabilities. Yet we are saying, here, and we will talk about how this percent; Missouri, 9.3 percent; Montana now is the time to increase the benefits country is out of control in its spend- 6.4 percent; Nebraska, 5 percent; Ne- for Federal employees. ing. We will talk about how we have vada, 12 percent; New Hampshire, 6.8 I don’t deny that the Federal employ- failed the American people by not percent; New Jersey, 9.2 percent; New ees do great work. But when you look being good stewards; how we have not Mexico 6.8 percent; New York, 8.7 per- at what the average pay plus benefit is done oversight on the $350 billion cent; New York, 11 percent; North Da- for Federal employees versus every- worth of waste every year. Not one kota, 4.2 percent; Ohio, 11.1 percent; body else in the country, now is not the amendment has passed that has gotten Oklahoma, 6.3 percent; Oregon 12.2 per- time to do it. Not only because, No. 1, rid of any of the waste that this gov- cent; Pennsylvania, 8.3 percent; Puerto we can’t afford it; but, No. 2, it is pat- ernment wastes every year. Not one Rico, 14.5 percent; Rhode Island, 12.4 ently unfair to everybody else in this has gotten through this Congress. Not percent; South Carolina, 12.1 percent; country based on the average salaries. one. Tennessee, 10.8. If I missed South Da- So the fact that we would add an We are getting ready to work on a kota, it is 5.1; Tennessee, 10.8 percent; amendment onto the Defense bill—be- health care bill. We have been working Texas, 7.5 percent; Utah, 5.7 percent; cause it is a bill that is going to move; on it. We have spent a ton of time on Vermont, 7.1 percent; Virginia, 7.2 per- there is no question it would not sur- it. We have $120 billion worth of fraud cent; Washington State, 9.3 percent; vive cloture—that doesn’t bother me. I in Medicare and Medicaid, but we West Virginia, 9.2 percent; Wisconsin, 9 have done that a lot. What bothers me haven’t addressed that at all. It is not percent; and Wyoming 5.9 percent. is that we lack the perspective of what being addressed. We are twiddling our Those are just percentages. But you is happening. We passed a $787 billion thumbs as Medicare goes bankrupt, know what they represent? They rep- stimulus bill, of which only $80 billion while Medicare doesn’t offer the serv- resent real hard-core pain for American has gone out the door. The unemploy- ices that are promised, and we are families today. The fact that we would ment rate is still rising—and I am not going to create another $1.6 trillion have the gumption to come and take critical. This body passed it. But it is worth of cost for the American people. another $3 billion from them to in- not going to be highly stimulative be- The only thing I can figure is that crease the benefit structure of Federal cause most of it was not meant to be Washington thinks we can spend more employees at a time when what we stimulative. It was meant to be trans- money to save money in a significant should be doing is seeing how we can fer payments. But we have spent that, way. We have been trying to do that become more efficient in the Federal and that is all borrowed money. We since 1965 and it hasn’t worked once, Government and spend less money in passed an omnibus. We passed a supple- and it isn’t going to work this time. the Federal Government flies in the mental. None of that was paid for. Not Let me mention, for a minute, just face of the difficulties that these indi- a penny of it was paid for. That is all some of the things that we have been viduals find themselves faced with. borrowed. doing that do not fit with the priorities

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7991 of American citizens. It does not come any courage to make the tough deci- defeat this amendment, you should pay anywhere close to matching what sions. attention to something. There is no every family in this country is doing What all have we done that would se- guarantee to your Federal pension today. Here is what they are doing. cure the honor of the American people, based on the economics we face today First of all, they are scared and they that we are working for them? What in this country. If you think it is guar- are fearful and they are worried. Do symbol have we given them, in terms anteed, you have another thought com- you know what they are doing? We see of limiting our excesses in Washington, ing because the world economic system it in the economic statistics. When that might give them hope? is going to determine whether we can consumer spending drives normally 70 The Akaka amendment is the oppo- honor that pension. That is what is percent of our economy, we have the site of that. It is saying: You don’t get coming. We are very close. highest savings rate we have had in 40 it, your priorities are not right. You It was not long ago that Alan Green- years because they are afraid to spend. think you can forget what has hap- span was asked a question: What is the One of the reasons they are afraid to pened to us. You think you can charge maximum limit which we can borrow? spend is because they don’t trust what it to our grandchildren and our chil- There is a lot of question about wheth- we are doing up here. They think dren. You think you can steal their op- er people want to loan us money any- things might get worse. I think things portunity and nobody is ever going to more. What he said is, I don’t know are going to get better, but they are know it. what it is, but I can tell you we are certainly not going to get better by I have barked up this tree a lot in the getting very close. spending another $3.2 billion in this last 5 years in this body, and I am not What happens to us when we tap out? way. ever going to stop barking up this tree You know, he is not an unrespected What they do is they sit down as a because it is morally wrong to steal thinker in materials of economics and family and they say here is what is the future from your grandchildren. It banking. coming in and here is the auto pay- is morally wrong. It is not just ethi- Here is what happens to us. Interest ment and here is the house payment cally wrong, it is not just conveniently rates that are 3.6 percent for a 10-year and here is what we have to have for wrong, it is morally wrong to take the government note go to 7 percent, 8 per- groceries and here is the utility bills. great attributes of this country away cent, 9 percent, 10 percent. All of a sud- What is left? In other words, they from your children and grandchildren. den, the cost of funding our debt be- make a list of priorities. They decide It is time for some grownups to start comes $2 or $3 trillion a year, 20 years what has to be done, what must be making hard decisions that may cost from now. What is the option? The op- done, but what they want to do comes us reelection but are in the best long- tion is there not be any government last because we are in tough times. term interests of this country. pensions, there will not be any Medi- So this issue is not going to go away. That applies to almost every family in care. We will barely have money to de- I may ultimately get defeated on it, this country. It implies heartaches be- fend our country. All these wonderful but those families out there who do not cause it means a father is not doing Federal programs that we have, most have a job, those families out there something he would like to do for his of which have a duplicate somewhere in making those hard choices every day— son or a mother is not buying a new the Federal Government that they de- every night worrying where is the fend, that we cannot get rid of because dress for a daughter to help her own money to buy the food that is going on they have a constituency that some- self-esteem in comparison with other the table the next day, who still have a body might be afraid, if we eliminate children. It has real-world factors on job—they are going to know somebody some of the $350 billion in waste, fraud, families. is going to fight for some common They make those hard decisions and duplication, they are not going to sense in the Senate. every day, absolutely every day. The be there. There is no question, I lost this So what it comes down to and what reason they make those hard decisions amendment in committee. I was morti- we are facing is, can our Republic sur- is they do not lack the courage to face fied at the lack of sensitivity to the vive our excesses? Can we survive this reality, such as we do. They also do not rest of this country, placing Federal tremendous direction that we have have the other option we have, and employees’ very good benefits—enhanc- stepped away from reality, saying eco- that is charging our lack of courage to ing those above the negatives that are nomic forces do not apply to us? The the next two generations. occurring to every family in this coun- answer to that is no. There will not be Most Americans are not cowards. try based on our economic situation. They look at the real world, they look a Federal pension when interest is at 10 Even if we were not having a tough or 12 percent and we have $35 or $40 at what is responsible of them, what economic time, it would still be wrong decision is going to have to be made. trillion worth of debt. to do this. It would still be incorrect to Mr. MCCAIN. Will the Senator yield? They dig in their heels, they work and do this. Mr. COBURN. Certainly. work to solve the problem, and they If you think for a minute about what Mr. MCCAIN. Does the Senator have will go through tough times doing the it costs to fund the interest costs on an estimate how much this will cost very best they can to make good of a $500,000—if it is 6 percent, it is $30,000 a the taxpayers? bad situation. year. If I were a schoolteacher here and Mr. COBURN. Over the first 10 years, That is opposite the behavior this we had a blackboard, I would be mak- $3.3 billion. place has been displaying. We have ig- ing everybody write home that I am Mr. MCCAIN. I understand from the nored the fact that we have $11.4 tril- sorry I am stealing $30,000 a year from amendment there is a provision that lion worth of debt. We passed a stim- each of your children. That is what I all the money is paid back. ulus spending bill, of which less than would be doing—I am sorry I am steal- Mr. COBURN. It is another trick and $150 billion was true stimulus. We have ing $30,000 a year just to pay the inter- game. There is an assumption it will be created dependencies of, now, the est, never mind paying the principal paid back, but it will never be paid States. Anytime they are in tough off, on what we have accumulated. back. What it will do is increase the times, they have now been infected Take a young child 6 years of age obligations of the Federal taxpayer— with our illness: Don’t worry about it, today and extrapolate that out to right that is myself and you and all your we will just charge it to the next gen- before their retirement. What you have families and everybody we represent— eration. Because every State we helped done is you have stolen their oppor- the liabilities of the people who are through the stimulus we did charge it tunity to have the American dream be- going to get the benefit from this to the next generation. We have now cause it is not just going to be the amendment. instituted lack of discipline by every $30,000, because all the years they can’t Mr. MCCAIN. Could the Senator tell State legislature in the country be- work it is going to build that they will me the connection between this amend- cause now they no longer have to have to pay and all the years in their ment and the Defense authorization worry about it. The Senate will just retirement are going to be less because bill? borrow from their grandkids and send they will not have the benefits. Mr. COBURN. There is no connection it to them and now they don’t have to By the way, if you are a Federal em- between this amendment and the De- worry about it, they don’t have to have ployee and unhappy with me trying to fense authorization bill.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7992 CONGRESSIONAL RECORD — SENATE July 23, 2009 Mr. MCCAIN. May I say to the Sen- I have a bill, it is called the Enumer- are a victim. That is why earmarks are ator from Oklahoma, I am in agree- ated Powers Act. It has a lot of cospon- so bad, because what they do is keep us ment. We do strange things around sors, but none of the big spenders here from making the great and hard deci- here, particularly late in consideration want to cosponsor it. Do you know sions we should make because we ben- of the bill. I thank him for at least why? Because it creates a challenge for efit from it politically. bringing it to the attention of the wasteful spending. What it says is what That is why several of us have fought American taxpayer. our Founders thought was pretty im- since we have been here to change the Mr. COBURN. Mr. President, I wish portant. They very clearly, in article I, earmarking process so that the Amer- to finish my line of thought because section 8 of our Constitution, listed out ican people can see what it is about. what I sense is the American people get what the responsibilities of the Federal And what you will see, you watch on it and we do not. The American people Government are. They listed them out. this bill, on the appropriations bills are worried we do not get it. They are What Madison and Jefferson wrote that follow, is if somebody has an ear- worried we think we can continue about when they wrote in article I, sec- mark in this bill, they will never vote spending money, not reform things, not tion 8, they said people are going to try against it. Because what they will be make things more efficient, not elimi- to say it is something different than told by the chairman or ranking mem- nate duplication. What they know is this. They are trying to say the general ber of the committee the next time this is not monopoly money. They welfare clause is we can do anything they go to request something is: Oh, know this is not ‘‘not real money.’’ we want. The commerce clause is— you requested something. I put it in They know this issue about us having don’t believe them. That is not what the bill, but you did not vote for the common sense, about us being fiscally we intended. Yet that happens every bill, so I am not going to give it to you. responsible—they know the future of day in this body. We abandon the in- What happens is, instead of looking their children and their grandchildren tent. at the content of a bill and the best depends on whether we start acting the We just had a hearing on a Supreme long-term interests of the country, we same way every other family in this Court nominee and one of the questions look at the content of the earmark and country has to act. That is in the real she was asked by a lot of us was: Are how we look back home to the well- world. It is not in the world of Wash- you going to uphold the Constitution? heeled and the well-connected few, the ington that: Don’t worry, we will put it Well, my thoughts and prayers would source of campaign, the source of polit- off because the next election is much be that she will do a better job than we ical empowerment, instead of looking more important than I addressing this do, because we get an F. And the Amer- at our oath that says: You will follow and taking the next tough vote. We are ican people know it. They know we the Constitution. going to put it off. cannot tolerate this spending. They There is no question we have the I say to my colleagues, I have plenty know we cannot tolerate this debt. right to say where money goes. And of topics. I am going to spend the next They know we cannot tolerate raising there is no question we should be able couple hours going through waste so taxes on the American people if we are to have earmarks if they are author- the American people can actually see going to hope to get out of this. Their ized, which means that a committee of how well we have done with their wisdom needs to be brought here. And your peers, through the Appropriations money—waste and earmarks and the way you bring your wisdom here is Committee, says: This is something we things that benefit the well-heeled and to let us know. Hold us accountable. as a country ought to do. But you will the well-connected but hurt your chil- Call, e-mail, go to the offices, write to not see that. What you see are not au- dren and hurt your grandchildren. our homes, make sure that people who thorized earmarks. They do not go Before I do that, I wish to spend a are representing you uphold that oath through a committee of your peers. So moment talking about what the herit- of fulfilling the Constitution, honoring it becomes the very foul stink that age of our country is. How did Amer- the tenth amendment. ends up corrupting the whole system of ican exceptionalism come into being? You know, our Founders in the Bill following that Constitution and being How is it that this became the greatest of Rights put in the tenth amendment, loyal to that oath. country in the world, that had more and it is a very important amendment, In 2016, every American is going to technological advances than anybody because it says: Whatever is not spelled pay $13,000 on the national debt—think else in the world? That created the out specifically under article I, section about that—for interest. I said that highest standard of living of any soci- 8—here is the limited things the Fed- wrong. Every American family is going ety ever known in the world? What was eral Government is supposed to do—is to be responsible for $13,000 worth of in- the glue, what was the key, what was explicitly reserved for the States and terest on the national debt. That is if the characteristic that allowed that to for the people. it does not grow a penny from now. happen? So how is it that we are going to And we know we are going to have tril- I will tell you what it was. It was have a $2 trillion deficit this year? I lion-dollar deficits from now for as called sacrifice. If you think back four can tell you how it is. It is because we long as we can see under the budget or five generations in your family and have ignored the Constitution. We have that has passed this body. you try to find out what was going on, done things that are totally outside The average American family, do you no matter what your racial background the realm our Founders thought we have $13,000? Do you have $13,000 for us is or what your lineage is, what you would ever do. We have taken over to continue the excess of uncontrolled saw was people willing, absolutely will- things that are truly the responsibil- spending in Washington, the excess of ing to sacrifice the short term to make ities of the States and the communities failing to do our job to eliminate waste sure the long term was better for their and individuals. We have created de- and fraud and duplication? Do you have children, their family, and their grand- pendency by the States, created de- it? Maybe you ought to call us and bor- children. That is what I call a heritage pendency in all sorts of others. row it from the Senators. Maybe you of sacrifice. It is what made us great. It I got a letter last week asking me to ought to ask us for it since we are the is what created this vast, great coun- sponsor money for fire engines for ones labeling you with it. try. Oklahoma. When did buying firetrucks So as you hear what we are saying I am sorry to say that, since I en- for Oklahoma become a part of the U.S. today when we talk about what is tered the area of public service—and Constitution? Am I supposed to steal going on, these are not just words; they one of the reasons I entered it was be- money from people in Pennsylvania are real facts that affect real lives, cause I didn’t see this trait—is that, and New Jersey and New York so Okla- that limit opportunity, that steal this since 1994 I have not seen any change. homa can have fire engines, which is an wonderful country from us and our Actually, it is worse. Oklahoma responsibility? It is not even kids. Because what is happening is we When you take the oath to be a Sen- an Oklahoma responsibility; it is a are slowly putting handcuffs on our- ator, what it says is you will do what community responsibility. selves. We are slowly diminishing our the Constitution says. You will uphold As we create this dependency, we cre- ability to be creative. We are slowly it, you will make sure it is protected, ate something that is worse after it. If taking away the opportunity and the that you will follow it. you cannot get it, you all of a sudden freedom with which we have excelled.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7993 If, in fact, the government said more spend money than anyone in this body, it all anyway. And we do it so effi- about how you live your life than you and he has taken a lot of heat for ciently and so well, you can interact say how you live your life, you have standing up and raising these issues. I with your bureaucrat so well. They al- lost freedom. You have lost it. As we salute him for it. ways make sense, they are always 100 encounter this mountain, this truly But the amendment that is before us, percent responsible. That is garbage. high mountain of debt, what is going to it seems to me, is absolutely typical of The fact is, the farther away your happen is those handcuffs are going to how out of step Congress is. This may government is from you, the less con- get tighter and tighter—they are not be a swell amendment for whoever ben- trol you have over it. There is no need, going to get tighter, they are going to efits from it, but the people who are if we continue the direction we are in, get closer and closer together before we paying for it are not aware that the to have a city council. We are directing have little ability to get out of them, money they have earned from the what you have got to do on street little opportunity to change. sweat of their brow is now going to lights now. We are going to tell you We are close to being on an irrevers- somebody who got a better health care what car you can drive. ible course. What we do and how we do plan, a better retirement plan and I thank the Senator from Alabama it over the next 2 years in this country higher pay than they get, and more job for his question. I appreciate his help is going to determine whether your security than they get. on a lot of these issues. children live in freedom. And I do not In my home county, the unemploy- This is not anything other than a de- mean controlled by a dictator, I am ment rate is over 20 percent. Then we parture point for our country. So let talking about having the freedom to have people with so much better jobs me spend a little time—first, let me have the opportunity to work hard, to wanting more money. This is what, a $2 tell you how good of a job we do. We develop your skills, to take risks, and billion amendment? I would ask you, is passed a $787 billion stimulus bill of to hopefully reward yourself and your this not sort of a pretty egregious ex- which $70 billion is out the door. So not family so that, in fact, you can be be- ample of the tendency we have to try even 10 percent, maybe 10 percent by nevolent to someone else who may not to reward one group and ignore the this week; I have not checked the Web be able to do that. That is what Amer- cost that everybody else is going to site this week to see. ica is all about. have to pay? Let’s talk about what has gone out We are losing. It is going away. And Mr. COBURN. I would answer the the door. What has gone out the door in it goes away every week in this body. Senator, yes, but it is even worse in an- my home State in Perkins, OK, that to Every week that we create another new other way, and it is this: You know, we get the money for a new water sewage government program that limits your are not going to get killed by one big system that the Federal Government freedom and puts a bureaucrat between punch. It is going to be the little said they had to have—State govern- you and your choice, it goes away. pinpricks. This is another pinprick. ment did not say it, the Federal Gov- Quite frankly, we have gotten pretty The fact is, I would love for our Fed- ernment did—they had to spend an good at stealing your freedom. eral employees to get this benefit. But extra $2 million to build a water dis- For me and the people I represent, we we cannot afford it, one. posal and sewage plant that originally have had enough. We have had enough No. 2, it is highly unfair to everybody was going to cost $4 million. Now it of the government deciding everything else out there trying to struggle right costs $6.2 million. Guess what they got for us. We have had enough of judges now to pay the taxes that pay those from the Federal Government—$1.5 not following the Constitution. We salaries. No. 3 is, we do not even have million. have had enough of Federal bureau- the money to fund the pensions for the Think about that for a minute. Here crats limiting our property rights, and Federal employees that we have prom- is the stimulus. There is no question what we can do on our own property. ised right now. So it is about us getting some jobs are being created from that. We have had enough of people telling it wrong. Our priorities are wrong. There is no question the citizens of us what our freedoms are and what That is my whole point. There is no that town will have to pay higher they are not. We have had enough of common sense to what we are doing. water rates and sewage rates to get a the Federal bureaucracy in education Sure, it is nice, you can be lauded by new plant. But what we did in the ruining our schools rather than giving all of the Federal employees: You did meantime of having the Federal Gov- us the freedom to educate the children this. You did this. You can get their ernment involved in it is we raised the the way we want; taking our taxes, ab- vote. But what about the future of our net cost of it by $500,000 so that the sorbing 20 percent and sending 80 per- Republic? What is going to happen to people who are going to benefit from it cent back and saying: You can have us? are going to end up paying water rates, this money if you do this, this, this, I have a granddaughter who is going sewage rates, at elevated levels for a and this. It is interesting, in the Con- to be born in the next 2 weeks, and I longer period of time because the Fed- stitution, there is no role for Federal am wondering if she will even recog- eral Government got involved in it. education, no role for the Federal Gov- nize what I knew to be what we were It doesn’t mean we didn’t need the ernment to be involved in education. like in the 1950s, 1960s, 1970s, 1980s, be- sewage plant. We did. It didn’t mean None. Zero. Where did we get the idea cause the freedom, the diminution of the city fathers didn’t do the best that 80 percent of the people who work our freedom in this country has been thing they could for the city. They had in the Department of Education, who massive. It is in direct correlation with to get a bond. So when somebody do not know how to teach a child, the size of the growth of the Federal comes up and says, I am the Federal should be telling the teachers in this Government, directly correlated. Government, here is $1.5 million, take country what to teach, and what to do, The bigger the Federal Government it; and you say, maybe I can help my and what they can get paid for and is, the less freedom we have. As it gets city out and get this thing done—ex- what they cannot. smaller, we can possibly get back some cept the net result of that is, it will ac- That is a loss of freedom, folks. You of our freedom. But we are talking tually end up costing $2 million more— have a bureaucracy in Washington that about growing the Federal Govern- ask yourself a question: If you were to determines the outcome of what your ment, we are talking about making it build a garage onto the back of your children’s education is going to be, bigger. We are talking about having it house and the Federal Government rather than you determining what that more involved in every aspect of our says: We will give you a grant to help outcome will be. life and taking away the ability of you you do that, but when you finish up, Mr. SESSIONS. Will the Senator and your family to make critical deci- the net cost to you is going to be about yield for a question? sions about your family. 8 to 20 percent more than what it would Mr. COBURN. I will yield for a ques- Are we totally dependent on the Fed- have cost if you did it yourself, are you tion. eral Government? If that is where we going to take that deal? No, you are Mr. SESSIONS. I know my colleague are, our freedom is lost. If we have de- not. has given more time and effort to cided we do not need the States any This is money that is already out the studying the sickness that is affecting more, get rid of all of the State legisla- door on the stimulus. It is an example our Congress with regard to how we tures; the Federal Government is doing of what happens when we lose common

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7994 CONGRESSIONAL RECORD — SENATE July 23, 2009 sense and when we lose economic pa- more than Florida, Colorado, Arizona, something down there that is dry as a rameters with which to make deci- and Alaska combined. Instead of fixing bone. You don’t run into a lake. But sions. those, they put $58 million into bridge because the Corps has the code that No. 2, in the stimulus was, here- repair to repair 37 rural bridges that you have to have guardrails on any- tofore, before we got to the health care people hardly ever use. Why? How? thing around a lake, even if you don’t bill that we just passed out, was the How did it happen? We have interstate have a lake there, we are going to largest earmark in history, $2 billion. highway bridges that need to be re- spend millions of dollars putting guard- Here we have FutureGen. Let me tell paired that have tens of thousands of rails around a nonexistent lake because you what we know about FutureGen. cars going over them every day, and in- the bureaucratic code is: Never do what The idea behind it is pretty good. Let’s stead we repair a bridge to a bar. I is best when you can do what is good figure out if we can take coal and make guess that Rusty’s Backwater Saloon is for you. Here goes millions of dollars to it absolutely clean and take the carbon more important than the safety of kids build guardrails. I pretty well have got- dioxide out of it and sequester the car- on the highway. ten this one stopped by having my staff bon dioxide and use this resource we Then we have a Florida project. out there with the Corps, but had I not have and have a totally nonpolluting When we build highways today, espe- done it, we would have spent the coal plant for generating electricity. cially interstates, we put these eco- money. Good idea, right? It got canceled in passages underneath them so that wild What are we doing? Do you like the late 2007 because the Department of animals—sometimes cattle, if they are fact that the Federal Government is in- Energy, relying on a study from the connected lands—can have transpor- volved in all this? Do you think they Massachusetts Institute of Technology, tation underneath the highway with- are exhibiting wisdom and prudence? said: We don’t have the technology to out going around. Good idea. In Flor- We can take Elizabethtown, PA. do it. You shouldn’t spend the money. ida, we have a highway sitting there, They have had an old train station that The technology isn’t there. and less than a couple miles down the hasn’t been used in 30 years. Granted, 1 Isn’t it funny, in 4 ⁄2 months that re- road we have an eco-passage, and a they could maybe use a train station, port gets ignored and we put a $2 bil- couple miles up the road we have one. but they have been getting along pret- lion earmark in to build a coal plant We are going to spend $3.4 million to ty well without one for 30 years in this that we don’t have the technology for? put another one in because too many particular location. We are going to Let me explain what will happen. We turtles are crossing the road and get- spend millions of dollars to renovate an will spend that $2 billion, but when the ting hit. Maybe that is OK. But when old train station, not because we have $2 billion is gone, they are going to we have a $11.4 trillion debt, we are a need but because we have money to come back and say: We almost got it. going to run a $2 trillion deficit this spend and it will create a job. How about $2 billion more? We will get year, when everything we are spending There is nothing wrong with having another $2 billion earmark and another this year—50 cents out of every dollar deficit spending, in terms of Keynesian $2 billion earmark, and 5 to 10 years we spend, we are borrowing on the economics, to try to stimulate the from now, we will have $24 billion in it. economy, but there ought to be a pri- Then they will either do one or two backs of our children—should we be ority that what we spend the money on things. They will say: We finally fig- spending this kind of money on tur- actually, in fact, is a long-term benefit ured it out, which means had we waited tles? There are plenty of turtles in that we would have spent the money on to build on it a small prototype plant Florida. It is probably not going to anyway. When we throw the money out and perfected the technology, we could have an ecological impact. But is that there and we roll the dice, what hap- have done it for 5 percent of that, or a priority? Is that something we should pens is, yes, we get a benefit. We get they will say: It just didn’t work. We be doing? I think not. We have a nonprofit that got fired for the millions of dollars spent on our be- can’t do it. But we did it on the basis of parochialism and the enhanced in- doing weatherization contracts in one half. It gets spent on our behalf. But terest of some power companies that of our States, for poor performance and was it the best way to spend the were well-heeled and well connected to noncompliance. We get the stimulus, money? Was there another priority this body. So now we have $2 billion of and guess who gets the contract— that would have been better, that your money going to a project that somebody who has already cheated the would have created more jobs, that was MIT says the technology isn’t finished taxpayers. Nevada. Somebody has al- something we truly have to have, that yet, and we should not be spending any ready been fired for noncompliance and would have created a permanent job, money to build a final plant. Yet we not doing appropriate work, and the that would have helped truly stimulate did it. Yet the claim was that there first thing we do is we hire them back. the economy? Those questions are not weren’t any earmarks in the stimulus Do you think there might not have getting asked. bill. been a political connection with the Here is another one of my favorites. Here is another fact that a lot of peo- person who got that contract? Think it Part of the stimulus was that we give ple don’t know. Every fact I will give is strange? seniors a check. I don’t understand you I can absolutely document, either Here is my favorite. This is Okla- that, but we did. But the IRS sent from the Department of Transpor- homa. In the wonderful wisdom of the checks to 10,000 dead people. It can tation or somewhere else. We have over Corps of Engineers, back in the late happen. I could see how that could hap- 230,000 major bridges in disrepair. Re- 1940s and 1950s in western Oklahoma— pen, but 10,000? So if we are sending member Minneapolis. We have tons of fairly arid land, good for raising cattle, checks to 10,000 dead people on a stim- those bridges. I am not saying they and where you can get irrigation, it is ulus, what else are we not doing right will collapse, but structurally they great for growing wheat—we built a at the IRS and every other agency? I have been deemed to need repair. dam and a spillway and generation and think it totaled $25 million. The stimulus bill spent $24 billion on everything. Only one problem: There Here is another one of my favorites: roads, highways, and bridges. We never was any water that came to the Union, NY. The town of Union was sur- should have spent $100 billion because lake. prised when it was notified that it we really would have created four So we have this little road that runs would be receiving a $578,661 stimulus times as many jobs. We would have along the edge of it, and they replaced grant to prevent homelessness for sev- bought things we know we will have to the guardrails 2 years ago. Less than 10 eral reasons. Here is another inter- buy anyhow, and we would have fixed cars a day in the regular summer sea- esting point: They never applied for the problems we know we have today. If we son go across this, 3 average in the grant. Second, they don’t have a home- are going to borrow money against our winter. The Corps of Engineers decides, less problem. ‘‘Union did not request kids’ future, it ought to be on high-pri- since we have all this money, we need the money and does not currently have ority items that will truly benefit us to replace the guardrails. The reason any homeless programs in place in the and our kids rather than that which is they wanted to replace the guardrails town to administer such funds,’’ said not going to benefit us. is they are an inch and a half too short the town supervisor, John Bernardo. Here we have Wisconsin, which has for the 10 cars that go by there. But if ‘‘We were surprised. We were never a 1,256 structurally deficient bridges— you run off the road, you run into recipient before.’’ He is not aware of

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7995 any homeless issue in the largely sub- Federal stimulus cash to buy $11 mil- I do not doubt that might, in fact, be urban town. Where did that one come lion in new cars the State does not something we want to study. But we from? Where is the connection? The need. About four dozen brandnew cars still have a lot of women in this coun- people at the Department of Housing owned by the State are already sitting try with a lot of disease and we have a and Urban Development just sent them unused in a parking lot near the cap- lot of men in this country with a lot of a check. It is not their money. Get the itol. According to State Representative disease. I am not sure accents are as money out the door. Send it to some- Christopher Rants: important as studying ways to lower body who doesn’t need it. When asked Some of them [still] have the [sales] stick- health care costs or funding a professor about it, HUD just sent the money to ers on them. None of them have license to do research on one of the cancers every town based on its population, plates. Some of them still have their seats that are plaguing our country. How whether it had a homeless problem or wrapped in plastic. about buying H1N1 flu vaccine? Might not. But we are going to buy the cars be- that not be a better expenditure of that When did it become, under the Con- cause we got the money. So see what is money? In other words, priorities get stitution, a Federal responsibility happening here? There is no priority. lost. rather than a community responsi- Because the money comes in, spend it. Detroit Public Schools will reap mas- bility to take care of homeless people? Even though you have excess cars sit- sive benefits from the stimulus despite As we shift that responsibility to the ting in the parking lot, you buy it. a $150 million deficit. According to the Federal Government, what happens to Spend it or lose it. Intelligencer—that is, evidently, a the freedom of your hometown to care Michigan is going to spend $500,000 to newspaper in the area—financial man- for homeless people? When you get the renovate an old freight house for a agement problems became ‘‘so tangled money from the Federal Government yoga class. There is no question if you the state recently appointed a manager come the rules and regulations on what renovate an old warehouse and you em- to take the financial reins.’’ The De- you will do and how you will do it. ploy people to do that, you will stimu- troit Public School System stands to Rather than a community-based or a late the economy. The criticism here get $530 million, which $355 million church-based homeless shelter, now is, are there not other things more im- would have ‘‘no strings attached.’’ you will follow these regs and do these portant in Michigan that we could So we have a school system that has things if you want our help. spend $500,000 on that would create been totally irresponsible with their fi- What is our help? Our help is taking more permanent jobs, long-lasting jobs, nancing and the management of their money from you, filtering it through and be of stronger benefit to the com- money, and what do we do with the Washington, wasting 20 percent of it, munity? stimulus? We reward the incompetence The only reason I question this is be- and then sending it back to you to tell and then give them twice that amount cause it came through the Federal Gov- you what you already know how to do, to pull them out of a hole rather than ernment down there. If that money except now they will tell you how to do fix the real problem. came through the statehouse or the it and give you 35 pieces of paper and Consequences to our behavior are a city, I would have no business ques- forms to fill out as you tell them how great learning episode for all of us, no tioning it at all. But in light of where you spent your money that they took matter how old we are. If we are very we find ourselves as a country, it is dif- 20 percent of to care of your homeless young and we touch the hot stove, we ficult for me to see the priorities that learn it is hot. When we are adoles- that you should have never sent the are expressed. money to Washington for in the first In Macomb, IL, $643,945 was spent on cents and we do some of the stupid place. a Prairieview public housing parking things we do as adolescents, we learn Let me spend time—I will pick and lot that nobody wants. Many of the from them. Do you know what. Govern- choose through a few of these. The Fed- residents whom the parking lot was ments do not learn, and that is because eral Government gives weatherization supposed to benefit have protested it. governments do not have compassion. grants to help people weatherproof Explaining his concern, a local resident Only people have compassion. And their homes. We have been doing this said: The kids love the grass. We have when you bail out a school system that for over 25 years, and we continue to enough pavement already for all the has been irresponsible, without them spend more and more money on it cars here. We need a playground. suffering the consequences—and I know every year. Either we are not doing a But we are going to pour concrete the answer is: Well, the kids suffer the good job or we have weatherized every over it because we have the money to consequences. That is right. We all suf- home in the country and we are start- do it—another wasted priority. fer the consequence. You do not think ing to do it a second time. In Chicago, rather than help welfare kids are suffering the consequences But here is one from Illinois, where recipients obtain jobs and escape pov- right now in our economy? they took the weatherization grant and erty, $1 million will be used to study So this one is just cute. You will love bought eight pickup trucks for the whether 300 people in Chicago are it. Yale University and the University county—under a weatherization grant. healthier when living in a ‘‘green’’ pub- of Connecticut are going to get In Wisconsin, a nursing home got $2.8 lic housing facility. The study will $850,000—they have already gotten it, million in stimulus money it did not evaluate whether green housing is by the way—in stimulus money for re- need or request. Prior to the stimulus healthier for people and will focus on search ‘‘to study how paying attention funding, the Knapp Haven Nursing 300 residents at a Chicago public hous- improves performance of difficult Home was on track for a loan from the ing facility. Researchers expect to find tasks.’’ USDA. In other words, they had the fi- that residents living in these more en- Did you ever hit your thumb with a nances set up to get a loan to where ergy-efficient facilities will have much hammer? Studying that paying atten- they could repay it. When the stimulus lower health care costs. The study will tion helps you with difficult tasks? I do money came available, the funding create jobs because it will get two or not know who thinks these things up. source was shifted to a new source of three people to interview the residents. But, more importantly, it does not Federal assistance. Carmen Newman, Oh, here is another priority that matter who thinks them up. Who the city clerk-treasurer said: came out of the stimulus. The National would give a grant for that? I am not It’s kind of a joke as far as I’m concerned. Institutes of Health has given an Indi- opposed to giving grants for sound sci- I don’t understand how they can say this is ana University professor a grant of entific study. But do you know what. stimulus. $356,000. Maybe this is OK but not now. We already know the answer this thing They were going to do it anyway. The It is not OK where we find ourselves. is going to give us—a statistically sig- mayor of that city said: But here is what they are going to do nificant answer: You do better if you I don’t see how the project benefited. with it. They are going to ‘‘test how pay attention; and you do not do as Well, somebody benefited. But some- children perceive foreign-accented well if you do not. It is pretty straight- body also lost, and that was our kids speech compared to native-accented forward. and our grandkids. speech.’’ It will also determine how Hanscom Field, MA, where we are Here is a good one: Iowa State legis- such accents might influence speech going to put excess money for addi- lators are using money freed up by the development in children. tional runways, has received criticism

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7996 CONGRESSIONAL RECORD — SENATE July 23, 2009 from local representatives, including a to the frog that climbed into this won- getting disability who are absolutely State representative from Lexington. derful pot of water that slowly and not disabled, but they get the check. The State legislative leaders did not slowly heated up, and he never thought They are living off us, but they can ac- want us to do it. But do you know to jump out because, before he knew it, tually go to work and do something. At what. We did it anyway. The people he could not. a minimum, it is estimated to be—I who represent the area, the political So I have just listed about 30 of the think this is a very low number, and it leaders, did not want it to happen be- first 1,000 projects that went out on the doesn’t mean I don’t want to help peo- cause they thought it promoted irre- stimulus so you can get a flavor as to ple with disability if they are truly dis- sponsible corporate behavior. Do you what kind of judgment is being made abled. But everybody out in the coun- know what we did? We did it anyway. with the money we stole from our try will know somebody who is col- It goes back to that point we were grandchildren. I would say we are not lecting a check who can still ride their talking about: freedom. When you give doing great. I voted for a stimulus bill horse, still run their rotor tiller, still it to us, you lose it. We are supposed to that would have spent almost $500 bil- lay brick, or still do anything else they be the bastion that protects your free- lion—I didn’t vote for this one, but it want, but they can’t work: $2.5 billion. dom, and what we have become, was real stimulus. It was real roads, it Government-wide improper payments through this myriad number of Federal was real bridges, it was real sewage in all of the other agencies, but seven programs and spending, is we have been plants. It included things we were of them we still don’t have any report- the ones who are taking away your going to have to do. It was really reset- ing on, even though the law says they freedom. ting the military because we are going have to report. It is a Federal law you In Oklahoma, I trap armadillos in my to buy a whole bunch more military. have to report your improper payments yard. They come in and they will ruin We are going to be forced to do it. To every year, but they don’t do it. Of the a good yard because they like grub buy it now will create job after job ones that do report, another $15 billion worms. So all you have to do is to lay after job, and it will save us money be- net loss of paying out more than they a few marshmallows out and then put a cause we are going to buy it now at a should. That is just on the agencies marshmallow or two in the trap cage cheaper price than what we will pay 5 that report. and you will catch those suckers. years from now. Maintenance of buildings by the De- Well, that is what Washington is So I am not critical of having stim- fense Department that they will not doing to the American liberty. We bite ulus. I am critical of how we manage use in the future nor do they use now, the first little bite off the marsh- it, what we are doing about it, and the but we can’t sell them because we have mallow and say: Oh, that tastes good. I severe lack of oversight that Members all of these laws in Congress that cre- got a little benefit here. There is no of this body daily fail to do. They do ate an impossibility for us to get them connection between what I have done not do the job demanded of them. It is to the market. We have created a bu- and me receiving this benefit. And then not enough for us to say where the reaucratic nightmare that takes about we take another little bite off the money is spent. What is required of us 10 years to put a building up for sale. marshmallow or the next one in. And is to say where the money is spent and We are spending in the Defense Depart- all of a sudden, before you know it, this then make sure it is spent wisely, pru- ment $3 billion that could go for soldier armadillo—that runs at night mainly dently, and in the best interests of ev- pay, health care for our veterans, that my dogs chase into the woods erybody in this country, not in the best health care for our soldiers; $3 billion every time they see one of them—pret- interests of our next election cycle. to maintain buildings that are sitting ty soon that armadillo fellow is in my I quoted earlier $350 billion worth of empty and to maintain security for cage. I got him. The reason I got him is pure waste, fraud, and abuse every year them. he kept thinking he could get some- in this country. It is not fair for me to We have contracting problems. The thing for nothing. He kept thinking: quote that without going through it for bill before us, the Defense authoriza- Man, that is a sweet marshmallow. you so you can actually see where it is. tion—everybody recognizes we have a So what happens is, here he comes I did this last year, so I am sure it is significant problem with contracting in down the road, like us—us promising worse this year since we have not had this country. This data comes not from more, promising more—but, remember, the courage to do anything about fix- last year but from the year before last. whatever we are promising to give you, ing the problems that cause this. But The Department of Defense paid out $8 we have already taken from you. And let me go through it. These are either billion for performance awards to con- when we take it from you, we lessen department agency numbers, CBO tractors who did not earn the awards. your liberty, to a great extent. We numbers, inspector general numbers, or In other words, they had a contract. steal your liberty. We steal your General Accounting Office numbers. Here are the requirements to meet the choice. We steal your freedom. We They are not TOM COBURN’s numbers. contract. They didn’t meet the require- steal your ability to be whom you want Every one of them can be backed up. ments of the contract. The Department to be. We steal your ability to be the Medicare fraud: At a minimum, $80 of Defense paid them anyway. It hasn’t parent you want to be because we are billion a year. We are contemplating a stopped, folks. Where is the connec- interjecting us in the education system health care bill. We have Medicare that tion? between you and your child. We are is upside down, both Part A and Part B, It is estimated by GAO that at a min- interjecting and planting the seeds of a running in the red, and is projected to imum, if we eliminated no-bid con- lack of responsibility and account- run into the trillions of dollars. Name tracts everywhere in the Federal Gov- ability, as we bite the marshmallow, as something that has been done on that ernment—most earmarks, by the way, we walk into the trap, and the cage in the last 2 years, 3 years, by us. Medi- are no-bid contracts; it is a sweetheart closes. care improper payments, net loss—in deal—we would save, at a minimum, $5 There are two things I do with those other words, we paid out more than we billion a year—at a minimum—prob- armadillos—one of two things. I either should or we paid out less than we ably closer to $7 billion or $8 billion. put them in the back of my pickup and should—the net difference is $10 billion, Just to eliminate no-bid contracts pays take them 10 or 15 miles away from my so now we are at $10 billion a year. for the entire budget of the State of property or I shoot them. That is ex- Medicaid fraud at a minimum—and Oklahoma for 1 year. Every expense we actly what is going to happen to us. We the reason we say it is at a minimum have, just 1 year of eliminating no-bid are either going to be carried far away is because Medicaid can’t even tell us contracts would have that kind of sav- from what we know, we trust, and be- what their fraud is. They can’t even re- ings. lieve in to be right or we are going to port it—$30 billion. Improper pay- Then we have the wonderful trick: we be extinct as a nation. We are going to ments, net loss, $15 billion. send bills through here that are sup- lose the wonderful flavor of the great- So now we are at $135 billion and we posedly emergency supplementals, and est Nation that has ever been on this have just gone through two programs. we add all of these things of extra Earth. We are going to lose—and we Social Security disability fraud: I spending onto them that aren’t emer- are doing that—we are losing it, a lit- hear every day in my office from peo- gencies. It is kind of like an earmark tle bit at a time because we are similar ple in my State about people who are process, except the difference is they

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7997 don’t have to be within the budget Code—if we just made it either straight AMENDMENT NO. 1522 WITHDRAWN numbers, so they just go straight to line or simple, straight, fill it in on a Mr. AKAKA. Mr. President, I thank the bottom line against our kids. So it postcard, or went to the fair tax, what my friend Senator COBURN for allowing doesn’t pull back any spending any- we know is the Federal Government, me to speak at this time. I have been where else, but we spend this money just everything else being equal this working with him in our Committee on anyhow, and that is another $15 billion year, would have $100 billion more col- Homeland Security. We have taken up a year that the Members of Congress do lected because there would be $100 bil- these amendments in committee. I outside of the budget. lion less in fraud. Just $100 billion. think I am correct when I say that So let’s see here. We are at $184 bil- Just $100 billion. But we have a Tax Senator COBURN at the time did sup- lion. We have a crop insurance program Code that is this thick that no IRS de- port these amendments. that benefits the crop insurance indus- partment will give you the same an- Mr. COBURN. Will the Senator yield? try but not the farmers, but we refuse swer to the same question anywhere Mr. AKAKA. Yes. to modernize it. We can save $4 billion else in the country, and neither will Mr. COBURN. I think the record will if we modernize it, but we don’t mod- any of the big auditing firms because show that I did not support the amend- ernize it because the effect and power the code is so complex that nobody ment. Mr. AKAKA. I thank the Senator for of the well-heeled and well-connected knows what the truth is. So we spend over $200 billion a year in this country the clarification. keeps us from doing what is right. First, I understand the current eco- Then we send $5.9 billion to the U.N. paying our taxes. nomic climate. I want the Federal Gov- every year. We know—and this is a re- I am not talking about the taxes we ernment to save as much money as it port we finally got forced to get out of pay, paying our taxes. Either paying can and to reduce all the inefficiencies there; it got leaked out and we finally somebody else to figure it out or pay- there are. My amendment would do got ahold of it—that our entire con- ing the interest because we couldn’t figure it out or paying the penalty be- that. tribution to peacekeeping, which My amendment also has been sup- cause we couldn’t get it done on time, amounts to about 40 percent of our ported by a bipartisan group of Sen- but most of it comes from paying peo- contributions—$2 billion a year—is to- ators. I am proud that the cosponsors tally wasted in fraud. In other words, it ple to pay our taxes for us. Then there is a miscellaneous, an- include Senators COLLINS, LIEBERMAN, doesn’t help us do peacekeeping any- VOINOVICH, MURKOWSKI, BEGICH, KOHL, where in the world because there is other $18 billion. I said $350 billion. The total I have given is $385 billion. The MIKULSKI, CARDIN, INOUYE, WEBB, and only one agency and one government WARNER. It is a bipartisan effort to cor- that is more inefficient than us, and it reason I said $385 billion, I don’t want to exaggerate, so I cut 10 percent off of rect certain inequities in the Federal is the United Nations. Yet we can’t retirement system. That has been our have transparency. it. So nobody can say we have exagger- ated the waste, fraud, and abuse in the effort in these amendments. Every year I put on the foreign ap- Also, this effort was supported by a Federal Government that occurs every propriations bill a requirement that for huge number of groups. Some of the or- year. the U.N. dues to be paid, they have to ganizations are: The American Federa- give us transparency about where they What would it be like right now if we weren’t wasting that? What would hap- tion of Government Employees, Na- are spending our money. It passes 99 to tional Treasury Employees Union; 0, and as soon as it goes to the con- pen to Medicare if we didn’t have this high number, billions and billions of International Federation of Profes- ference, guess what happens. It gets sional and Technical Engineers; Fed- pulled out because we don’t have the dollars of fraud in Medicare every year? What would happen? What would eral Law Enforcement Officers Associa- courage to confront the U.N. and say: happen is Medicare would last a lot tion; the American Federation of We are giving you $5.9 billion. Tell us longer. No. 2, we would actually get State, County, and Municipal Employ- how it is being spent. So there is an- more resources directed to the people ees; American Postal Workers Union; other one. National Association of Letter Car- One of the greatest areas of worry who actually need it. The one story Dr. JOHN BARRASSO, riers; National Rural Letter Carriers the inspectors general have across all the other physician in the Senate tells, Association; National Federation of the agencies of government is invest- is that Medicare is so well designed to Federal Employees; National Active ment in IT. Last year, we contracted be defrauded that people who deal in and Retired Federal Employees Asso- $64 billion of IT contracts through the drugs stop that and start doing Medi- ciation; Senior Executives Association; Federal Government—$64 billion. What care fraud because it is easier to hit a Federal Managers Association; Govern- we know is at least 20 percent of that home run, No. 1; No. 2, if you get ment Managers Coalition; National As- ends up totally getting mismanaged caught, the penalties are less. No. 3 is sociation of Postal Supervisors; Na- and wasted. It gets wasted because you can make a whole lot more money tional Association of Postmasters of they don’t know what they want when with a whole lot lower jail sentence. So the U.S.; and the National Association they sign the contract. They continue we have this system that is designed to of Assistant U.S. Attorneys. to change what they want as the con- get defrauded that has $80 billion in it. That is the kind of support we have. tract goes through, and when we get to So let me make that point and say, if This amendment will ensure that all what was going to be a $200 million in fact you take—even if you only take Federal employees are treated the contract, it ends up being an $800 mil- half of what I say—$175 billion—but same when it comes to retirement. lion contract because we have changed even if you only take half of what I This will save money, due to the re- what the contract did. say, here are the things we know: This duced lost days of work and avoid un- By the way, the contract isn’t no-bid; country is absolutely on an necessary employee transfers, which the contract is cost plus, so whoever is unsustainable course. We cannot sus- reduces the need for additional train- doing the contract has every inclina- tain what we are doing. We cannot ing; reduces litigation costs borne by tion to give them new ideas to make it have another year such as this year. the government due to different treat- better and change it. So what happens We cannot have another year that ment of different classes of employees; is we fall way behind, we don’t get it, comes anywhere close to this year. improve employee morale, which in- we pay four times as much. What is es- We can’t have another year that creases efficiency; and ensure that we timated is that we lose almost $11 bil- moves forward in the direction we are are able to transfer institutional lion a year on that kind of poor man- moving in terms of the government knowledge to the next generation of agement. What is being done about it? taking more of your freedom away and Federal workers. Nothing in this body. Nothing in this building itself up and building the bu- OPM estimates that $68 million is body. reaucracies in this town. wasted per year because of the dif- The National Flood Insurance Pro- I understand my colleague from Ha- ferent leave policies in effect. In fact, gram is another $17.5 billion of waste waii is here. the amendment would certainly help in and duplication. If we reformed the Tax I yield the floor. that respect. My amendment will re- Code—by the way, we are now right at The PRESIDING OFFICER. The Sen- duce the Federal deficit by $36 million $218 billion. If we reformed the Tax ator from Hawaii is recognized. over 10 years.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S7998 CONGRESSIONAL RECORD — SENATE July 23, 2009 This amendment has the bipartisan ing the administration’s request for there. The State of North Carolina is support of the committee of jurisdic- $7.5 billion for the Afghanistan secu- the friendliest military State in the tion and by both managers and employ- rity forces fund to train and equip the Nation, and we would welcome the op- ees. I have read a list of the others who Afghan national army and police. The portunity to work with the Navy in support it. commander of the 2nd Marine Expedi- identifying sites that could potentially This is a good government bill that tionary Brigade, Brigadier General meet the Navy’s OLF requirement, and protects the taxpayers’ dollars. Nicholson, recently indicated that the also have the support of the North I look forward to continuing this ef- success of the Marine offensive in the Carolinians in those counties. One of fort. I want to at this time say that Helmand Province is dependent upon those sites can be at Marine Corps Air this is a good amendment. I will fight placing an Afghan face on the oper- Station Cherry Point or a site close to for these provisions in conference. But ation, in order to instill confidence it within Craven County. All of the I don’t want to hold up the Defense au- among local Afghans in the Afghan elected local officials in that commu- thorization bill. Government’s abilities to provide safe nity are in support of having an OLF Under the circumstances, I will with- communities and to govern efficiently. located there. draw this amendment. Equally important is providing coali- The Navy excluded Cherry Point as a The PRESIDING OFFICER. The tion support funds for Pakistan. The potential OLF site because Navy stand- amendment is withdrawn. stability of Afghanistan is dependent ards specify that an OLF should be no The Senator from Oklahoma is recog- on the stability of Pakistan, and vice more than 120 nautical miles from nized. versa. We need to enable the Pakistan home base. Cherry Point sits approxi- Mr. COBURN. I thank the Senator. I Army and Frontier Corps with the ca- mately 135 nautical miles from Oceana, think he will find another vehicle at pability to conduct sustained direct ac- VA. That is just 15 nautical miles be- some other time. I know this bill is im- tion missions against the dangerous yond the Navy’s current requirement. I portant to him. We just happen to dis- elements of the Pakistani Taliban want to work with the Navy to exam- agree about the priorities. That is what along the federally ministered tribal ine the impact of having an OLF that I have been speaking on for 1 hour 20 areas, as well as against the Afghan is located just outside its current re- minutes. I appreciate him doing that as Taliban High Command in Pakistan’s quirements, and especially on the read- a courtesy to the rest of the Members Balochistan province. iness of the Navy’s personnel and air- of this body. I love him dearly as a Key to successful operations in the- craft fleet. friend and as a brother. I appreciate it. ater are effective aviation assets. I am Senator WEBB and I worked together I yield the floor. a big proponent of the Joint Strike to insert additional language within Mr. LEVIN. Mr. President, let me add Fighter as it can serve multiple roles, the committee report to do two things: my thanks to the Senator from Hawaii. including close air support, tactical one, to mandate the Secretary of the He is doing this for the good of the bombing, and air defense missions. I Navy issue a report detailing the order to permit us to get on with the am disappointed that we were unable Navy’s consultations with local gov- bill. He knows how important this is. I to secure enough votes for Senator ernments, communities, and stake- appreciate his willingness to withdraw BAYH’s amendment. I want to reiterate holders in North Carolina and Virginia the amendment at this time. It is very that I think it is important we safe- regarding OLF site options; two, to much appreciated by all of us. I hope guard language to authorize funding to mandate the Navy identify all suitable something good could come out of con- develop and procure an alternate Joint options for the location of an OLF be- ference. I yield the floor and suggest the ab- Strike Fighter engine. yond the five sites identified in both I know the issue of the location of sence of a quorum. States. the Navy’s OLF has already been de- The PRESIDING OFFICER. The However, I don’t think that is good bated and voted on, so I will not spend clerk will call the roll. enough. The State of North Carolina The legislative clerk proceeded to a lot of time on it. I cosponsored an has had previous negative experiences call the roll. amendment with Senator BURR to pre- with the manner in which the Navy has Mr. LEVIN. Mr. President, I ask vent the Navy from building an OLF in implemented its OLF site selection unanimous consent that the order for the Sandbanks and the Hale’s Lake lo- process. I strongly feel that the Navy the quorum call be rescinded. cations within Camden, Currituck, and should delete the two current sites in The PRESIDING OFFICER. Without Gates Counties in North Carolina. I am North Carolina. objection, it is so ordered. against an OLF at these proposed sites I also thank the chairman and rank- Mr. LEVIN. Mr. President, I ask because it would destroy small family ing member for accepting my amend- unanimous consent that Senator farms that have been around for gen- ment in committee that provides the HAGAN be recognized to speak on a pre- erations, as well as thousands of acres Department of Defense with the option vious amendment for up to 5 minutes. of farmland, essential to the livelihood to increase the acquisition of addi- The PRESIDING OFFICER. Without and economic base of those commu- tional C–27s in the outyears as mission objection, it is so ordered. nities. An OLF in these locations requirements dictate. That amendment The Senator from North Carolina is would only bring 52 jobs, and it would requires the Department to provide its recognized. destroy valuable farmland that cur- strategic plan to deploy and station C– Mrs. HAGAN. Mr. President, I thank rently employs over 2,000 workers. 27 joint cargo aircraft in theater and in Chairman LEVIN and Ranking Member Moreover, the OLF would only be a few the continental United States, as well MCCAIN for reporting out a bill that en- miles away from ongoing projects that as plans to procure additional aircraft acts reforming the Defense Depart- will attract new businesses and tour- beyond the 38. ment’s budget and reorients weapons ists. Forty-eight adjutants of the National systems geared toward the wars we are Last week, I met with local govern- Guard signed a letter to the committee fighting today. Our soldiers, sailors, ment leaders of the respective counties last month supporting the funding of 78 marines, and airmen need capabilities to discuss their concerns regarding joint cargo aircraft. Their letter em- that are conducive to implementing construction of the OLF. The State of phasized the C–27 provides an essential the Department’s shift to counterin- North Carolina recently passed a law airlift capability in war, as well as to surgency tactics, techniques, and pro- banning the construction of an OLF at State emergency management teams cedures. There is nothing more impor- these sites. I do not think it would be in 48 States. tant than enhancing the force protec- in the Navy’s interests to continue to I also thank the chairman and Rank- tion of our troops. That is why I am pursue construction of an OLF at these ing Member MCCAIN for accepting my pleased that this bill provides proven, sites, knowing that it will more likely amendment to direct the Secretary of effective ground capabilities, such as than not be tied up in litigation for the Army to submit a report to assess the MRAP vehicles to protect against years. the feasibility and advisability of cre- IEDs. I want to make sure North Carolina ating a trainees, transients, holdees, I want to highlight a couple of provi- is treated fairly. The residents of these and students account within the Army sions in the bill. First, I support fund- counties simply do not want the OLF National Guard to ensure all soldiers in

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S7999 units have completed their initial Mr. LEVIN. Mr. President, I ask unstable economic times bring about entry training prior to being deployed. unanimous consent that the order for instability in our schools, in our fami- Approximately 27,000 of the National the quorum call be rescinded. lies, and in a host of different places. Guard’s end strength are not The PRESIDING OFFICER. Without One of the ways we have of com- deployable because they are awaiting objection, it is so ordered. bating this is with the National Guard training. This account would allow new Mr. LEVIN. Mr. President, let me Youth ChalleNGe Program. It is an ex- Guardsmen to be fully trained prior to modify my previous unanimous con- cellent program put on by our National reporting to their assignment. A TTHS sent agreement: that prior to those Guard in many of our States where account with the National Guard would three amendments being called up, we these at-risk youth come in and they improve the unit readiness, increase in- take up the Lincoln amendment, No. are surrounded by both structure and dividual dwell time between deploy- 1487, which I understand has been support and guidance to be able to ments, and provide more predictability cleared. Again, as to the other three meet their needs of getting a GED and to soldiers, families, and employers. amendments we identified for debate, their high school education and then Finally, I thank the chairman and no amendments will be in order to any going on to make something of their ranking member for accepting my of those amendments. lives, really turning themselves around amendment involving depot mainte- The PRESIDING OFFICER. Is there and making sure they are becoming nance work. This amendment directs objection? Without objection, it is so great parts of our communities, wheth- the Secretary of the Navy to submit a ordered. er it is finding a job or entering the cost-benefit analysis report identifying Mr. LEVIN. Mr. President, it is now military on their own but certainly each alternative the Secretary is con- my understanding that under that UC, turning their lives around and being productive. sidering for the performance of the AV– we would take up Lincoln amendment No. 1487. What we do in this amendment is we 8B Harrier aircraft planned mainte- open up our National Guard Youth nance and aircraft modifications. I am wondering whether the Senator from Arkansas would like to have one ChalleNGe Program to new States. We are working with the Navy and Right now, we have it in several of our the Marine Corps to ensure that depots quick minute to explain her amend- ment. States. Many of us have been able to allow partnerships with the commer- see the rewards of this program, but cial sector, while recognizing the le- The PRESIDING OFFICER. The Sen- ator from Arkansas. this will open it up to other States to gitimate national security need for the be able to participate. Department of Defense civilian and AMENDMENT NO. 1487 One of the biggest problems we have military personnel to retain the key Mrs. LINCOLN. Mr. President, I ask had with this program is not the suc- skills to be responsive to our soldiers unanimous consent that amendment cess, because the success has been tre- fighting in these two wars. No. 1487 be called up. mendous, but it is the ability of our This is an important bill, and despite The PRESIDING OFFICER. Without States to be able to financially support my and Senator BURR’s ongoing con- objection, it is so ordered. The clerk these programs. Right now, they have cerns about this outlying landing field, will report. to come up with 40 percent of the re- I think that Senators LEVIN and The legislative clerk read as follows: sources that are necessary. Quite MCCAIN deserve our gratitude for their The Senator from Arkansas [Mrs. LIN- frankly, our States are not entering work on this bill, and this bill deserves COLN], for herself, Mr. CORNYN, Ms. into these programs because they do LANDRIEU, Mr. RISCH, Mr. ROCKEFELLER, and the support of all of my colleagues. not have the resources. These are ex- I suggest the absence of a quorum. Mr. WYDEN, proposes an amendment num- bered 1487. cellent programs. They have tremen- The PRESIDING OFFICER. The dous results. And one of the things we The amendment is as follows: clerk will call the roll. want to make certain of is that we The legislative clerk proceeded to (Purpose: To amend title 32, United States don’t lose the opportunity to catch call the roll. Code, to modify the Department of Defense share of expenses under the National these young people early on and turn Mr. LEVIN. Mr. President, I ask their lives around. So our amendment unanimous consent that the order for Guard Youth Challenge Program) At the end of subtitle G of title V, add the provides a 75–25 percent cost sharing the quorum call be rescinded. with the States instead of the 60–40. We The PRESIDING OFFICER. Without following: SEC. 573. MODIFICATION OF DEPARTMENT OF don’t change the amount of money objection, it is so ordered. DEFENSE SHARE OF EXPENSES spent, we just change the way it is al- Mr. LEVIN. Mr. President, I ask UNDER NATIONAL GUARD YOUTH located. We also allow the opportunity unanimous consent that the Kyl CHALLENGE PROGRAM. for some new States that want to start amendment be temporarily set aside (a) MODIFICATION.—Section 509(d)(1) of title these programs to come in, and for the 32, United States Code, is amended by strik- and that the following four amend- first 2 years the Federal Government ments then be in order: the Sessions ing ‘‘may not exceed’’ and all that follows and inserting ‘‘may not exceed the amount will support 100 percent of those pro- amendment, No. 1657, which is going to as follows: grams as they get their feet on the be modified and which I understand ‘‘(A) In the case of a State program of the ground and they get these programs will not require a rollcall vote; the Program in either of its first two years of op- started, and then they must again re- Isakson amendment, No. 1525, which eration, an amount equal to 100 percent of sume that 25-percent State responsi- would then be called up and I under- the costs of operating the State program in bility in these programs. stand would require some debate; the that fiscal year. We have a great bill we have intro- Lieberman amendment, No. 1650, which ‘‘(B) In the case of any other State pro- duced. We have tremendous bipartisan I also understand may be modified; and gram of the Program, an amount equal to 75 percent of the costs of operating the State support. We have 32 cosponsors of our then the next amendment after that, program in that fiscal year.’’. bill. I am joined in this amendment by which I thought I could enumerate, but (b) EFFECTIVE DATE.—The amendment Senators BYRD, CASEY, CORNYN, HAGAN, I cannot now, would be a Democratic made by subsection (a) shall take effect on LANDRIEU, MURKOWSKI, RISCH, ROCKE- amendment and would then be in place; October 1, 2009, and shall apply with respect FELLER, SNOWE, and UDALL of Colorado, that no amendments would be in order to fiscal years beginning on or after that along with Senator WYDEN. So we have to any of the above amendments. date. great support for this amendment. It is The PRESIDING OFFICER. Is there Mrs. LINCOLN. Mr. President, I something that is important for our objection? Without objection, it is so thank the chairman, Senator LEVIN, kids, and it is certainly a great oppor- ordered. and Senator MCCAIN, Senator GRAHAM, tunity for us to see how our military Mr. LEVIN. I thank the Chair. and the others for allowing me to bring can empower our youth by giving them Mr. President, I suggest the absence up this amendment. the kind of support that is necessary to of a quorum. This is a critical amendment at a turn their lives around through both The PRESIDING OFFICER. The critical time. Many of us visit our education and opportunity, helping clerk will call the roll. home States, and we see the disadvan- them to develop skills, working in the The legislative clerk proceeded to taged youth all across our States who community, and really making some- call the roll. are having difficult times. We know thing of themselves.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8000 CONGRESSIONAL RECORD — SENATE July 23, 2009 I thank the chairman for the ability ‘‘§ 948e. Trial by military commission of alien The PRESIDING OFFICER. Without to be able to offer this amendment on unprivileged belligerents for violations of objection, it is so ordered. behalf of our States and on behalf of the law of war Mr. LEVIN. Mr. President, I now ask our National Guard, which is doing a ‘‘(a) SENSE OF CONGRESS.—It is the sense of unanimous consent that the pending tremendous job in these programs, but Congress that the preferred forum for the Sessions amendment, as modified, be trial of alien unprivileged enemy belliger- most importantly on behalf of our chil- ents subject to this chapter for violations of temporarily laid aside and we now pro- dren and the great things it does for the law of war and other offenses made pun- ceed to the next item under the unani- our children all across this Nation. ishable by this chapter is trial by military mous consent agreement, which would Mr. President, a special thanks to commission under this chapter.’’. be the amendment of Senator ISAKSON. the chairman and the ranking member (b) CLERICAL AMENDMENT.—The table of The PRESIDING OFFICER. Without for their indulgence in letting me offer sections of the beginning of such subchapter, objection, it is so ordered. The Senator this amendment. I am looking forward as amended by section 1031(a), is further from Georgia is recognized. to hopefully seeing how we can move it amended by adding after the item relating to section 948d the following new item: AMENDMENT NO. 1525 forward. Mr. ISAKSON. I call up amendment The PRESIDING OFFICER. The Sen- ‘‘948e. Trial by military commission of alien unprivileged belligerents for No. 1525. ator from Michigan. violations of the law of war.’’. The PRESIDING OFFICER. The Mr. LEVIN. Mr. President, first let The PRESIDING OFFICER. The Sen- clerk will report. me thank Senator LINCOLN for this ator from South Carolina. The legislative clerk read as follows: amendment. The linkage of the Na- Mr. GRAHAM. Mr. President, we The Senator from Georgia [Mr. ISAKSON], tional Guard and States and our kids is have been working with Senator SES- for himself and Mr. CHAMBLISS, proposes an a very powerful link indeed. I have seen amendment numbered 1525. SIONS—myself, Senator LEVIN and his this up close and personal because I am staff, and Senator SESSIONS’ staff. This The amendment is as follows: sort of the godfather of the STARBASE amendment basically clarifies the fact (Purpose: To repeal the sunset of authority Program, which started in Michigan at that when a detainee is in military cus- to procure fire resistant rayon fiber for the Selfridge Air National Guard Base, and tody or an intelligence agent’s custody, production of uniforms from foreign it has spread. While this program sources) being detained as a result of wartime which Senator LINCOLN is so deeply in- activity, to be interrogated for intel- On page 245, between lines 3 and 4, insert volved with, and her cosponsors, is not the following: ligence gathering, there is no require- an outgrowth of that program, it is SEC. 803. REPEAL OF SUNSET OF AUTHORITY TO ment that person have article 31, or very similar in terms of its purpose to PROCURE FIRE RESISTANT RAYON Miranda, rights read to them. We don’t link our National Guard and the inspi- FIBER FOR THE PRODUCTION OF want to criminalize the war. Military UNIFORMS FROM FOREIGN ration they can provide and the tech- intelligence gathering is not a law en- SOURCES. nical skills they can provide our chil- forcement function. Subsection (f) of section 829 of the National dren with. So I thank her for her There has been some confusion at Defense Authorization Act for Fiscal Year amendment and hope it will be prompt- 2008 (Public Law 110–181; 122 Stat. 229; 10 Bagram Air Force Base about the De- U.S.C. 2533a note) is repealed. ly adopted. partment of Justice FBI agents reading Mr. ISAKSON. Mr. President, a few The PRESIDING OFFICER. Is there Miranda rights. Clearly, there could be years ago this body granted a Berry further debate on the amendment? a time when that would be appropriate, If not, the question is on agreeing to waiver on the purchase of rayon fiber but this amendment states unequivo- the amendment. made in Austria for the purpose of cally that Miranda warnings, or article The amendment (No. 1487) was agreed making fire-resistant uniforms of the 31 rights, are not to be read or required to. U.S. Marines, Army, and aviators. The to be read by DOD personnel or intel- Mr. LEVIN. Mr. President, I move to Berry requirement is the buy American ligence agencies as a result of battle- reconsider the vote. requirement, meaning that you first field activities or military intelligence Mr. GRAHAM. I move to lay that mo- have to buy American before you go tion on the table. gathering. I think it is a good amendment that offshore to buy a product. The motion to lay on the table was At the beginning of the Iraq war, the will clarify a potentially confusing sit- agreed to. U.S. Army and Marines noticed imme- uation. I appreciate Senator LEVIN’s Mr. LEVIN. Mr. President, I believe diately we had a tremendous increase, staff helping us with it. the next amendment is the Sessions because of the nature of that war, in amendment. The PRESIDING OFFICER. The Sen- ator from Michigan. burn injuries. They conducted a survey The PRESIDING OFFICER. The Sen- and looked at the 24 best alternatives ator from South Carolina. Mr. LEVIN. Mr. President, after a very brief comment, I am going to sug- they could find anywhere to make fire- AMENDMENT NO. 1657, AS MODIFIED gest a quorum be called. This amend- resistant uniforms. They finally settled Mr. GRAHAM. Mr. President, I call on a para-aramid fire-resistant fiber up amendment No. 1657, as modified. ment has been significantly modified from its original form. It has been blend of rayon with nylon. The PRESIDING OFFICER. The Environmental Protection Agency clerk will report. modified in a way which I believe is now satisfactory. It addresses interro- requirements to make rayon make it The legislative clerk read as follows: prohibitive in the United States, and The Senator from South Carolina [Mr. gations by the military, by defense agencies. It does not involve interroga- there is no rayon produced in the GRAHAM], for Mr. SESSIONS, proposes an United States. It is produced in Aus- amendment numbered 1657, as modified. tions by the Department of Justice, as I understand it. tria. The amendment, as modified, is as So the Berry waiver we received a follows: Mr. GRAHAM. That is correct. Mr. LEVIN. The Department of Jus- few years ago was to allow them to im- (Purpose: To express the sense of Congress tice is not involved in the warnings port, through now and 2013, rayon, fire- that military commissions are the pre- resistant rayon, which in the United ferred forum for the trial of alien that are involved here. It especially unprivileged belligerents for violations of provides it must be applied in a manner States is blended for fabric, cut, sewn, the law of war and other offenses triable by consistent with the constitutional re- produced, and shipped to the U.S. mili- military commission) quirements. With these changes, I am tary—10,000 American jobs. The rayon On page 394, between lines 8 and 9, insert satisfied, but I note the absence of a cannot be produced in the United the following: quorum. States because of the EPA require- SEC. 1032. TRIAL BY MILITARY COMMISSION OF The PRESIDING OFFICER. The ments. ALIEN UNPRIVILEGED BELLIGER- clerk will call the roll. The reason to request an exception ENTS FOR VIOLATIONS OF THE LAW and postpone the sunset in 2013 is be- OF WAR. The legislative clerk proceeded to (a) IN GENERAL.—Subchapter I of chapter call the roll. cause the military procurement in the 47A of title 10, United States Code, as amend- Mr. LEVIN. Mr. President, I ask outyears is now reaching beyond that. ed by section 1031(a), is further amended by unanimous consent the order for the With the absence of a Berry waiver for adding at the end the following new section: quorum call be rescinded. those years, they would have to zero

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8001 out the purchase for those uniforms ments for fire resistance and other fea- products that could perform the func- which, in turn, would mean the people tures. Under the current arrangement, tions desired by DOD. This amendment who make those uniforms would not companies are losing jobs because they unfairly excludes, in my opinion, U.S. have the certainty of the Berry waiver cannot compete to provide alternate manufacturers from competing for because it would be subject to a Berry materials. Our domestic manufacturers DOD procurements and improperly lim- waiver again. Therefore, the invest- are now able to provide alternate mate- its competition since the domestic ment they would make would be lim- rials that could satisfy Army procure- market contains products such as ited to the years they knew they could ment requirements. It is not in the flame-resistant cotton, Nomex, and make the guaranteed deliveries. best interests of the U.S. defense indus- nylon which can fulfill DOD’s needs. I have offered this amendment as an trial base, our economy or the U.S. DOD’s decision to procure flame-re- extension for that very reason. The military to remove a congressionally sistant fabric from foreign suppliers U.S. Army, the Marine Corps, and the imposed sunset provision at this time. without even examining whether do- aviators who use the material love it We have had discussions with Gen- mestic manufacturers could meet the because it breathes, it gives them some eral Fuller, the Army’s Program Exec- agency’s need with other products vio- circulation, it has tremendous protec- utive Officer Soldier, who is respon- lates DOD’s statutory mandate to use tion against burns and it has performed sible for acquiring the best equipment performance rather than material spec- very satisfactorily and they want to for the Army and fielding it as quickly ifications and to seek free and fair open continue to use it and there is no as possible. He has confirmed to my competition whenever practical. American competitor that can meet or staff that he will consult industry to Instead of affirmatively extending a exceed it. determine what the domestic market waiver that has 3 years remaining, we Obviously, if there were, that waiver has to offer to satisfy performance- should continue to let the technologies would go away and we could compete, based requirements for military uni- and fabrics develop and reassess where but at this time they do not. I ask the forms. This will allow American indus- we are in 1 or 2 years. I think that is Members for their consideration on be- try to come in with a whole spectrum the wise thing to do, and I respectfully half of our military men and women in of ideas and alternate materials. The urge my colleagues to oppose the harm’s way in Afghanistan and Iraq Army would then be able to explore amendment. and wherever they might be for the new technologies that may have The PRESIDING OFFICER. The Sen- uniform that was chosen for the very evolved since we last visited this issue. ator from Georgia. battle we are now in because it was the Removing the sunset clause also Mr. ISAKSON. Through the Chair, best the military could find anywhere poses a risk to the Army’s future re- will the Senator from South Carolina in the country. search and development requirements. yield for a moment for a question? I yield the floor. The Army relies on American private Mr. GRAHAM. I will. The PRESIDING OFFICER. The Sen- industries to an extensive degree to Mr. ISAKSON. With respect, isn’t it ator from Virginia is recognized. conduct R&D for next-generation ma- true that there is nothing in this waiv- Mr. WEBB. Mr. President, regret- terials and fabrics for uniforms, body er that in any way inhibits or prohibits tably, I must rise in opposition to this armor, and other mission-essential ma- American manufacturers from doing amendment. I believe this amendment terials. Some companies, such as Du- the research and development nec- is not timely. It is premature to elimi- pont, for example, have already lost essary to attempt to come up with a nate a congressionally imposed sunset hundreds of jobs owing to that inabil- material that meets or exceeds the clause for an existing temporary excep- ity to compete for Army contracts. A rayon made in Austria? The problem is tion to the Berry amendment, an ex- continued reliance on this Berry they cannot produce rayon in the ception that was supposed to be tem- amendment exception would jeopardize United States of America because of porary. their ability to remain competitive in EPA prohibitions and the costs to meet In May of this year, Senator GRAHAM this segment of the defense industrial that. and I jointly requested the Secretary of base. I do not believe the Army can af- Mr. GRAHAM. I thank the Senator Defense to review the Department of ford to lose this critical R&D capacity. for that question. It is my under- Defense continuing reliance on this ex- For those reasons, I oppose the amend- standing that the efforts made in Vir- ception. The Under Secretary of De- ment and urge my colleagues to also ginia and South Carolina to produce fense, Mr. Carter, has confirmed that oppose it. this product domestically, and the con- this review is now underway and the I yield the floor. cerns the Senator has addressed, the results are expected soon. I do not be- The PRESIDING OFFICER. The Sen- private sector is dealing with; and that lieve we should modify the current ator from South Carolina is recognized. the ability to produce this material do- statutory requirement, which would Mr. GRAHAM. Mr. President, I would mestically is a viable option. I don’t prejudice the outcome of the Depart- like to echo the sentiments of Senator want to take a precedent, in terms of ment of Defense review, until we have WEBB. We have been working together the Berry amendment, that I think heard the Department’s assessment. on this. I very much appreciate Sen- would change the spirit of the amend- Removing the sunset clause would re- ator ISAKSON. I understand this is a bit ment at a time when we have a poten- sult in an indefinite extension of an ex- complicated—there are parochial inter- tial to make this domestically. I think, ception that favors foreign suppliers of ests involved—until we understand the as much as we can do domestically to rayon over our own American compa- dilemma we are in here. protect our military and to provide re- nies. In the fiscal year 2008 Defense au- sources to our military, the better. A vote against this amendment will thorization bill, we included language A year or two from now, we will not have an adverse effect on current that grants a 5-year waiver to the know better. To lift the waiver, to arrangements to obtain rayon from for- Berry amendment for the procurement make it a permanent waiver, I think eign sources. Today’s Army uniform of flame-resistant rayon, the material would be an unwise erosion of the procurement contract will continue used to make military uniforms. There Berry amendment at this time. That until 2013, so long as the Army stipu- are 3 years left on the waiver. The would be my answer. lates that a requirement for rayon Isakson amendment permanently ex- The PRESIDING OFFICER. The Sen- fiber in fire-resistant uniforms and the tends this waiver and will end all ef- ator from Georgia is recognized. Department of Defense maintains the forts to produce a domestic material to Mr. ISAKSON. Mr. President, let me exception to the Berry amendment is make military uniforms. comment, if I can. The Berry ‘‘Buy needed. I respectfully oppose the amendment. American’’ program is absolutely 100 The 2013 sunset clause was designed We are currently procuring the mate- percent on target. The reason for waiv- to ensure that American industry will rial from Europe. There is no source of ers is when we find that there is no do- be fairly treated during future com- domestic rayon. mestic product equal to or better than petitions for contracts if industry can Neither Congress nor DOD has ever a product that has a component over- demonstrate an ability to manufacture issued a determination or finding that seas, in the interest of our men and materials that satisfy Army require- the domestic market lacks sufficient women in the military, we give the

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8002 CONGRESSIONAL RECORD — SENATE July 23, 2009 waiver so it doesn’t keep us—so we do We buy 115,000 new FR uniforms Senator from Virginia (Mr. WARNER) not prohibit ourselves from having the every month. This uniform is superior are necessarily absent. best material possible. If an American because of the fact that we have been Mr. KYL. The following Senator is domestic manufacturer produces an al- able to import this fabric with the necessarily absent: the Senator from ternative fiber or fabric which meets or Berry amendment waiver. It is, in my Utah (Mr. BENNETT). exceeds the fire-resistant para-aramid opinion, imperative that we continue The PRESIDING OFFICER. Are there rayon that is now being used, the Berry for the competition. The uniforms are any other Senators in the Chamber de- waiver will no longer apply because still competitively bid. So it is not like siring to vote? there will be a domestically produced we are taking anybody out of the mar- The result was announced—yeas 40, U.S. product that is superior or equal ketplace. nays 54, as follows: to that particular product of rayon. I urge my colleagues to vote in favor [Rollcall Vote No. 241 Leg.] So I would respectfully submit to the of the Isakson amendment. YEAS—40 Senators from Virginia and South I yield the floor. Alexander Enzi Murkowski Carolina that the argument that there AMENDMENT NO. 1657, AS FURTHER MODIFIED Barrasso Franken Reed is a prohibition—that this would keep Mr. GRAHAM. Mr. President, I ask Bayh Grassley Reid people from making an investment in unanimous consent to send a further Bond Gregg Risch Brownback Hatch Roberts R&D to produce something better is modification of the Session’s amend- Chambliss Hutchison the reverse. It actually will accelerate Schumer ment to the desk. Coburn Inhofe Sessions the need for them to make the R&D in- The PRESIDING OFFICER. Without Cochran Isakson Shelby Collins Johanns vestment to try and produce something Snowe objection, the amendment is further Corker Kyl Thune better in the United States, if they modified. Cornyn Lugar Voinovich can. Crapo McCain The amendment as further modified Whitehouse One last point. The U.S. military did is as follows: Dodd McCaskill 24 different evaluations after the ini- Ensign McConnell At the appropriate place, insert the fol- tial move into Iraq when we had so lowing: NAYS—54 many burn injuries. It determined this SEC. ll. NO MIRANDA WARNINGS FOR AL Akaka Feingold Menendez fabric has to be the best for our men QAEDA TERRORISTS. Baucus Feinstein Merkley Begich Gillibrand Murray and women aviators, men and women (a) DEFINITIONS.—In this section— Bennet Graham Nelson (NE) in the Marine Corps, men and women (1) the term ‘‘foreign national’’ means an Bingaman Hagan Nelson (FL) in the Army in combat, and it has per- individual who is not a citizen or national of Boxer Harkin Pryor formed well in Afghanistan and Iraq the United States; and Brown Inouye Rockefeller ever since. (2) the term ‘‘enemy combatant’’ includes Bunning Johnson Sanders a privileged belligerent and an unprivileged Burr Kaufman Shaheen So I would submit the R&D argument Burris Kerry Specter is actually accelerated with the exten- enemy belligerent, as those terms are de- fined in section 948a of title 10, United States Cantwell Klobuchar Stabenow Cardin Kohl Tester sion of the waiver, and the proof of the Code, as amended by section 1031 of this Act. product is in the pudding which we Carper Lautenberg Udall (CO) (b) NO MIRANDA WARNINGS.—Absent an Casey Leahy Udall (NM) have seen with the safety of our troops unappealable court order requiring the read- Conrad Levin Vitter and our men and women in harm’s way. ing of such statements, no military or intel- DeMint Lieberman Webb The PRESIDING OFFICER. The Sen- ligence agency or department of the United Dorgan Lincoln Wicker ator from Georgia. States shall read to a foreign national who is Durbin Martinez Wyden Mr. CHAMBLISS. I rise very quickly captured or detained as an enemy combatant NOT VOTING—6 by the United States the statement required in support of the Isakson amendment. Bennett Kennedy Mikulski There is currently a waiver to the by Miranda v. Arizona, 384 U.S. 436 (1966), or Byrd Landrieu Warner otherwise inform such a prisoner of any Berry amendment in place which al- The amendment (No. 1525) was re- lows companies to import the fire-re- rights that the prisoner may or may not have to counsel or to remain silent con- jected. sistant rayon from foreign countries. sistent with Miranda v. Arizona, 384 U.S. 436 Mr. MENENDEZ. Mr. President, I Let me be very clear. The jobs that (1966). No Federal statute, regulation, or move to reconsider the vote. go with the manufacture of these uni- treaty shall be construed to require that a Mrs. MURRAY. I move to lay that forms for the Army and Marines are foreign national who is captured or detained motion on the table. U.S. jobs. All of these uniforms are as an enemy combatant by the United States The motion to lay on the table was made in the United States. But this be informed of any rights to counsel or to re- agreed to. fabric is used by TenCate, Incor- main silent consistent with Miranda v. Ari- Mr. DORGAN. Mr. President, I sug- porated, to make its Defender M fabric zona, 384 U.S. 436 (1966) that the prisoner gest the absence of a quorum. to produce fire-resistant uniforms for may or may not have, except as required by the United States Constitution. No state- The PRESIDING OFFICER. The both the Army and the Marines. ment that is made by a foreign national who The material is not made in the clerk will call the roll. is captured or detained as an enemy combat- The assistant legislative clerk pro- United States due to EPA standards. ant by the United States may be excluded This is a classic example of where EPA ceeded to call the roll. from any proceeding on the basis that the Mr. LEVIN. Mr. President, I ask standards can be too stringent to allow prisoner was not informed of a right to coun- U.S. manufacturers to operate. And, sel or to remain silent that the prisoner may unanimous consent that the order for the reason is, it is cost prohibitive to or may not have, unless required by the the quorum call be rescinded. do so. United States Constitution. The PRESIDING OFFICER. Without The current waiver, which includes a AMENDMENT NO. 1525 objection, it is so ordered. 5-year sunset clause, was included in Mr. ISAKSON. Mr. President, I ask AMENDMENT NO. 1760 the 2008 Defense authorization bill for the yeas and nays on my amend- Mr. LEVIN. Mr. President, I ask after a tremendous effort by my col- ment. unanimous consent that the Senate re- league, Senator ISAKSON, and obviously The PRESIDING OFFICER. Is there a sume debate on the Kyl amendment is set to expire. sufficient second? There appears to be. No. 1760; that it be in order for Senator The Army’s PEO Soldier expressed The question is on agreeing to the KYL to offer a second-degree amend- very strongly that FR rayon is the su- amendment. The clerk will call the ment to his amendment; that once the perior fabric based upon key selection roll. second degree is reported, it be agreed criteria. The criteria were cost, com- The assistant legislative clerk called to, amendment No. 1760, as amended, fort, durability, and length of time be- the roll. be agreed to, and the motion to recon- fore receiving third-degree burns. We Mr. DURBIN. I announce that the sider be laid upon the table. have had some very serious situations, Senator from West Virginia (Mr. The PRESIDING OFFICER. Is there obviously, that have occurred with BYRD), the Senator from Massachusetts objection? burns in both Iraq and Afghanistan. (Mr. KENNEDY), the Senator from Lou- Without objection, it is so ordered. That is why the Army and the Marines isiana (Ms. LANDRIEU), the Senator The Senator from Arizona is recog- like this uniform. from Maryland (Ms. MIKULSKI), and the nized.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8003 AMENDMENT NO. 1807 TO AMENDMENT NO. 1760 sile defense systems, space capabilities, or The PRESIDING OFFICER. Without Mr. KYL. Mr. President, I call up the advanced conventional weapons systems of objection, it is so ordered. second-degree amendment to my the United States. The Senator from South Carolina. amendment No. 1760 and ask for its im- Mr. KYL. Mr. President, I wish to Mr. GRAHAM. Mr. President, I ap- mediate consideration. thank the ranking member on the com- preciate the assistance of Chairman The PRESIDING OFFICER. The mittee, my colleague JOHN MCCAIN, LEVIN and all those involved. This is to clerk will report. and the chairman of the committee, as me a very important statement by the The legislative clerk read as follows: well as Senator KERRY and Senator Senate at a crucial time in our Na- The Senator from Arizona [Mr. KYL] pro- LUGAR, for working through this tion’s history. Simply put, our amend- poses an amendment numbered 1807 to amendment. We have a good resolu- ment is a sense-of-the-Senate state- amendment No. 1760. tion. We will be writing a letter to the ment that there is a preference for Mr. KYL. Mr. President, I ask unani- President. We will be adding a short military commission trials regarding mous consent that the reading of the provision to the bill that calls for ap- detained terrorists. amendment be dispensed with. propriate studies and reports to accom- The reason we are making this state- The PRESIDING OFFICER. Without pany the START Treaty when that ment and trying to urge our colleagues objection, it is so ordered. treaty is sent to the Senate. I think it to agree with us is that the interim de- The amendment is as follows: is a good resolution of this issue. tainee report that has been issued in (Purpose: To require a report on the plan for I call for the immediate disposition the last day or two by the White House the United States nuclear weapons stock- of the amendment. We do not need the has a statement within that report pile, nuclear weapons complex, and deliv- yeas and nays. that there should be a presumption ery platforms, and to express the sense of The PRESIDING OFFICER. The Sen- that detained terrorists would be tried the Senate on follow-on negotiations to ator from Michigan is recognized. in article III Federal civilian courts. the START Treaty) Mr. LEVIN. Mr. President, let me I could not disagree more. We will Beginning on page 1, line 2, strike ‘‘LIMI- thank Senator KYL and all of those keep working with the administration ’’ and all that follows through page TATION who have been involved in working the on this issue. There may be an odd case 5, line 3, and insert the following: ‘‘REPORT Kyl amendment to a point where we ON THE PLAN FOR THE UNITED STATES where a Federal court may be an ap- NUCLEAR WEAPONS STOCKPILE, NU- are comfortable with it. I think all of propriate venue. But I think I speak for CLEAR WEAPONS COMPLEX, AND DELIV- us had concerns, and those concerns Senator LIEBERMAN and I hope most ERY PLATFORMS AND SENSE OF THE SEN- have been fairly met. I thank the Sen- Americans that the people we are talk- ATE ON FOLLOW-ON NEGOTIATIONS TO ator from Arizona for his effort, as well ing about are not common criminals. START TREATY. as, of course, my ranking member on They are not detained because of some (a) REPORT ON THE PLAN FOR THE UNITED the committee and all of the others violation of domestic criminal law. STATES NUCLEAR WEAPONS STOCKPILE, NU- who have been helpful. They are detained because they have CLEAR WEAPONS COMPLEX, AND DELIVERY The PRESIDING OFFICER. Under PLATFORMS.— been found to be part of al-Qaida and the previous order, amendment No. 1807 (1) REPORT REQUIRED.—Not later than 30 other terrorist organizations that the days after the date of the enactment of this is agreed to. Congress has previously determined to Act or at the time a follow-on treaty to the Under the previous order, amend- be enemy combatant belligerents, peo- Strategic Arms Reduction Treaty (START ment No. 1760, as amended, is agreed ple who have taken up arms against Treaty) is submitted by the President to the to. the United States of America, who are Senate for its advice and consent, whichever The motion to reconsider is made and intent on our destruction. They are not is earlier, the President shall submit to the laid upon the table. accused of robbing a liquor store. They congressional defense and foreign relations Mr. DODD. Mr. President, I note the fall within a narrow statutory defini- committees a report on the plan to enhance absence of a quorum. tion that was created after 9/11. This is the safety, security, and reliability of the The PRESIDING OFFICER Mr. BEN- United States nuclear weapons stockpile, an opportunity for the Senate to ex- NET). The clerk will call the roll. modernize the nuclear weapons complex, and press itself and say there is a pref- maintain the delivery platforms for nuclear The legislative clerk proceeded to call the roll. erence for military courts. weapons. I conclude with this thought. I be- (2) COORDINATION.—The President shall Mr. GRAHAM. Mr. President, I ask unanimous consent that the order for lieve we are at war. It is an unusual prepare the report required under paragraph war but nonetheless a deadly war. The (1) in coordination with the Secretary of De- the quorum call be rescinded. fense, the directors of Sandia National Lab- The PRESIDING OFFICER. Without people we are talking about, again, oratory, Los Alamos National Laboratory, objection, it is so ordered. need to be viewed as military threats, and Lawrence Livermore National Labora- Mr. GRAHAM. Mr. President, I be- and under military law it is appro- tory, the Administrator for the National Nu- lieve it is appropriate now to call up priate to try someone who has operated clear Security Administration, and the Com- the Lieberman amendment, as modi- outside the law of armed conflict in a mander of the United States Strategic Com- military commission. mand. fied. The PRESIDING OFFICER. The Sen- Our Nation has been doing this for (3) ELEMENTS.—The report required 200 years. The Nazi saboteurs who were under paragraph (1) shall include the fol- ator is correct. lowing: Mr. MCCAIN. Mr. President, I think caught landing on the coast of Florida (A) A description of the plan to enhance we have a package of cleared amend- were tried by military commission. I the safety, security, and reliability of the ments we would like to do first, if that can give a long history of how military United States nuclear weapons stockpile. is agreeable. commissions were used by our Nation (B) A description of the plan to mod- Mr. LEVIN. We are not ready yet. at times of war. That is the preferred ernize the nuclear weapons complex, includ- Mr. MCCAIN. Mr. President, I suggest vehicle when a nation is at war. ing improving the safety of facilities, mod- the absence of a quorum. I conclude with this thought. Those ernizing the infrastructure, and maintaining The PRESIDING OFFICER. The who can be tried should be tried by the key capabilities and competencies of the military commissions. There will be nuclear weapons workforce, including de- clerk will call the roll. signers and technicians. The assistant legislative clerk pro- some enemy combatants determined to (C) A description of the plan to maintain ceeded to call the roll. be part of al-Qaida who will not be sub- delivery platforms for nuclear weapons. Mr. LEVIN. Mr. President, I ask ject to criminal process either in Fed- (D) An estimate of budget requirements, unanimous consent that the order for eral courts or military commission including the costs associated with the plans the quorum call be rescinded. trials. It is my belief that this country outlined under subparagraphs (A) through The PRESIDING OFFICER. Without cannot afford to release them if they (C), over a 10-year period. objection, it is so ordered. are still a military threat. (b) SENSE OF THE SENATE ON FOLLOW-ON AMENDMENT NO. 1650, AS MODIFIED Under military law, there is no re- NEGOTIATIONS TO THE START TREATY.—The Senate urges the President to maintain the Mr. LEVIN. Mr. President, I now ask quirement to release an enemy pris- stated position of the United States that the unanimous consent that Senators oner as long as they present a threat to follow-on treaty to the START Treaty not LIEBERMAN and GRAHAM call up amend- your country. There is no such concept include any limitations on the ballistic mis- ment No. 1650, as modified. in domestic criminal law. We cannot

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8004 CONGRESSIONAL RECORD — SENATE July 23, 2009 criminalize this war. It will come back Mr. LIEBERMAN. Mr. President, I Given those robust procedural and to haunt us. thank Senator GRAHAM for his overly substantive rights provided by the sys- Due process is available under mili- generous words in my direction. It is tem of military commissions estab- tary law. The men and women running always a pleasure to work with him on lished in this bill, I must say that I these trials are officers, judge advo- matters of this kind. Really more than have been surprised, troubled, and I cates. I have been one for 25 years. anyone else in the Senate, he knows would even go so far as to say as- They are wonderful people. They will military law because he practices it in tounded that officials of our adminis- adhere to the law. They understand the his capacity as a member of the JAG. I tration have now made clear that they law. They will provide transparent jus- thank him for cosponsoring this prefer prosecuting war criminals in tice. But this is the setting that we amendment with me. Federal district courts here in the need to be in regarding these detainees. Also, I thank Chairman LEVIN, Sen- United States as opposed to before the This statement by the Senate is appro- ator MCCAIN, and Senator GRAHAM for military commissions we have estab- priate. the extraordinary work they have done lished. That was testimony given be- Mr. President, to my good friend, in improving the military commission fore the Armed Services Committee in Senator LIEBERMAN, he has, above all system that has been set up. It is the response to questions of the General others, tried to remind himself that basis for the amendment that Senator Counsel of the Defense Department. the Nation’s defense is more important GRAHAM and I put in this evening. Just this week, an interim report was than politics. I cannot tell Senator The fact is that military commis- issued by a Department of Defense and LIEBERMAN how much I admire him. We sions, by one name or another, have Department of Justice task force on have worked together to get a sense of played a time-honored role in our coun- the legal questions associated with the the Senate, not binding, but a strong try in bringing war criminals to jus- detainees. In that report there is this statement that it is a preference that tice. The use of military tribunals sentence: these terrorists detained as part of an dates all the way back to the beginning There is a presumption that, where fea- al-Qaida network be tried in military of our country. Our first President, sible, referred cases will be prosecuted in an commissions, as we have done in our GEN George Washington, relied on Article III court, in keeping with traditional history. them during the Revolutionary War for principles of federal prosecution. I yield to Senator LIEBERMAN and the trial of violations of the laws of Article III courts, of course, are fed- hope my colleagues will accept this war. eral courts. amendment. The United States has continued to So it is the testimony of the General The PRESIDING OFFICER. The Sen- utilize military commissions or tribu- Counsel of the Defense Department, ator from Connecticut. nals for the trial of people accused of and now this interim report from the Mr. LIEBERMAN. Mr. President, I violations of the laws of war and re- Department of Defense and the Depart- call up our amendment No. 1650, as lated crimes throughout our history. ment of Justice, that has led Senator modified. The fact is we are once more at war GRAHAM and me to offer this amend- The PRESIDING OFFICER. The today against those who planned, au- ment, because we simply disagree, as clerk will report the amendment. thorized, committed, or aided the ter- we think most Americans and most The assistant legislative clerk read rorist attacks of September 11, 2001. as follows: Members of the Senate do, with the There is an existing authorization for idea that there is a presumption in The Senator from Connecticut [Mr. the use of military force. Military com- LIEBERMAN], for himself and Mr. GRAHAM, favor of trying prisoners of war before proposes an amendment numbered 1650, as missions, in my opinion, and Senator our Federal courts instead of before modified. GRAHAM’s, are, therefore, the appro- military commissions, as has been done Mr. LIEBERMAN. Mr. President, I priate forum for the trial of war crimi- throughout our history. ask unanimous consent that the read- nals captured during this conflict, as This realizes the worst fears of people ing of the amendment be dispensed they have been throughout our history. that we would begin to criminalize the with. And all the more comfortable should war on terrorism instead of treating it The PRESIDING OFFICER. Without we be in saying that after the amend- and its perpetrators as war and crimi- objection, it is so ordered. ments to the Military Commissions nals of war. This change in direction The amendment is as follows: Act have been adopted as part of this departs from our history and, in some (Purpose: To express the sense of Congress National Defense Authorization Act. sense, diminishes the extraordinary that military commissions are the pre- I remind our colleagues, because it work that has been done by Chairman ferred forum for the trial of alien was done without a lot of debate, that LEVIN, Senator MCCAIN, Senator unprivileged belligerents for violations of the package of amendments to the GRAHAM, and others to create and im- the law of war and other offenses triable by Military Commissions Act that has prove these military commissions. It military commission) been adopted as part of this legislation, may, in fact, cast unfounded doubt on On page 394, between lines 8 and 9, insert offered by Senators MCCAIN, LEVIN, and the legitimacy of the convictions ob- the following: GRAHAM, would ensure lawful, fair, and tained by military commissions on the SEC. 1032. TRIAL BY MILITARY COMMISSION OF effective trials by providing a series of ALIEN UNPRIVILEGED BELLIGER- strength of the evidence used to secure ENTS FOR VIOLATIONS OF THE LAW protections to the accused for the mili- convictions in those proceedings and OF WAR. tary commissions, including a prohibi- the procedural protections accorded to (a) IN GENERAL.—Subchapter I of chapter tion on the use of statements obtained defendants by the military commis- 47A of title 10, United States Code, as amend- through cruel, inhuman, or degrading ed by section 1031(a), is further amended by sions process. treatment, access to exculpatory evi- Our amendment is very simple. It is adding at the end the following new section: dence, and meaningful appellate review ‘‘§ 948e. Trial by military commission of alien a long sentence, and I read it, as fol- of legal and factual findings. lows: unprivileged belligerents for violations of As distinguished witnesses and au- the law of war It is the sense of Congress that the pre- thorities have testified at a hearing ‘‘(a) SENSE OF CONGRESS.—It is the sense of ferred forum for the trial of alien Congress that the preferred forum for the Chairman LEVIN led before the Armed unprivileged enemy belligerents subject to trial of alien unprivileged enemy belliger- Services Committee on this issue 2 this chapter for violations of the law of war ents subject to this chapter for violations of weeks ago, according to these wit- and other offenses made punishable by this the law of war and other offenses made pun- nesses, including people who work as chapter is trial by military commission ishable by this chapter is trial by military general counsel in the Defense Depart- under this chapter. commission under this chapter. ment, for instance, the military com- So we adopt wording in the military (b) CLERICAL AMENDMENT.—The table of mission provisions in the bill before us commissions section of this legislation sections of the beginning of such subchapter, regarding violations of the law of war as amended by section 1031(a), is further not only meet but surpass by far the amended by adding after the item relating to fundamental standards of fairness and and other offenses made punishable by section 948d the following new item: due process required by our Supreme this chapter, and we say that it is our ‘‘948e. Trial by military commission of alien Court, the Geneva Conventions, and preference that people accused of such unprivileged belligerents for the rules of the International Criminal crimes of war be tried before the mili- violations of the law of war.’’. Court. tary commissions.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8005 We have created a system of military come through the military commis- war. It is a very different kind of war, commissions that I believe offers re- sions during the course of this strug- but it is a war, and we know that from markable protections—perhaps the gle. And I think we should bear that in the casualties we suffered on 9/11 and best ever offered to people in the status mind as we speak about this issue and people around the world have suffered of alleged war criminals against our as we vote about this issue. There is a before and since in a lot of other cities country or any country, against our lot of high-quality prosecutorial work and countries. So we are making a citizens or the citizens of any country. and a lot of patriotism in the Depart- point of an appropriate forum for the And, I repeat, obviously we are at war, ment of Justice, and there is a reason trial of cases, not based on outcome and therefore we should use these mili- we should allow the professionals to but based on where these allegations tary commissions we have created and sort out case by case which is the bet- are best tried. preference should be in their direction. ter venue for the trial, whether a mili- I thank the Chair. The fact is, where to bring charges tary commission, however new and un- The PRESIDING OFFICER. Is there against people accused of violating tested in this modern era, or the tried- further debate? laws of war or, as we have said in the and-true model of the U.S. Federal If not, the question is on agreeing to legislation, other offenses made pun- prosecutor. the amendment. ishable by this chapter is a decision I yield the floor. The amendment (No. 1650), as modi- made by the executive branch. It is not The PRESIDING OFFICER. The Sen- fied, was agreed to. one we can control. But we can express ator from Michigan. Mr. LEVIN. Mr. President, I move to an opinion. We can express an opinion Mr. LEVIN. Mr. President, I hope we reconsider the vote. to the executive branch, respectfully, can quickly get to a voice vote. I would Mr. MCCAIN. I move to lay that mo- that we think they have made a mis- briefly say that the executive branch tion on the table. take in stating a presumption to try created a presumption that the cases The motion to lay on the table was prisoners of war in Federal district would be tried before criminal courts— agreed to. courts. Such an approach would cast article III courts. I thought it was a The PRESIDING OFFICER. The Sen- doubt, as I have said, on the use of mistake. We should not have a pre- ator from Michigan. military commissions but I think sumption one way or the other. The AMENDMENTS NOS. 1481, 1621, AS MODIFIED, 1675, would also set an unfortunate, even amendment before us redresses the bal- 1700, 1680, 1697, 1494, 1718, 1601, 1738, 1703, 1656, 1523, dangerous, precedent for the trial of ance to the extent we can do it tonight. 1647, 1662, 1741, 1746, 1543, 1740, 1687, 1702, 1717, 1521, war criminals today or in future con- Also, we were able to get the agree- 1768, 1752, 1739, AS MODIFIED, 1775, 1735, 1564, 1773, flicts in Federal courts rather than our ment on the part of the sponsors to 1774, 1795, 1788, 1780, 1782, 1779, 1785, 1806, 1803, 1727, Nation’s time-honored use of military strike a part of the original amend- 1706, 1749, AS MODIFIED, 1799, 1620, 1688, 1765, EN BLOC commissions for the violation of the ment which would have created some law of war. very difficult bureaucratic problems in Mr. LEVIN. Mr. President, I send a I hope we can unite across party lines terms of reporting case by case as to series of 46 amendments to the desk, to adopt this expression of opinion on a why decisions were made one way or which have been cleared by myself and most important question. another. Senator MCCAIN, the ranking member, I thank the Chair, and I yield the So I do hope we can promptly agree and I ask unanimous consent that the floor. to the amendment. I thank Senators Senate consider these amendments en The PRESIDING OFFICER. The Sen- LIEBERMAN and GRAHAM. bloc, the amendments be agreed to, and ator from Rhode Island. Again, my own preference is there that the motions to reconsider be laid Mr. WHITEHOUSE. Mr. President, I not be either a presumption or a pref- upon the table. wish to take a moment, in response to erence one way or the other, but I The PRESIDING OFFICER. Is there my good friends, Senator GRAHAM and think this does even the balance. objection? Senator LIEBERMAN, and say a word on Again, it is a sense of the Senate, so it Without objection, it is so ordered. behalf of the U.S. Department of Jus- will be left to the Department of Jus- The amendments were agreed to, as tice and its prosecutors, who have been tice. follows: actively engaged in the war on terror The PRESIDING OFFICER. The Sen- AMENDMENT NO. 1481 for many years now and who have ator from Connecticut. (Purpose: To require the Director of National shown considerable success. Mr. LIEBERMAN. Mr. President, I Intelligence to submit a report to Congress The information they have is that thank Chairman LEVIN for his state- on retirement benefits for former employ- the number of individuals who have ment. It is always a very thoughtful ees of Air America) been successfully prosecuted, con- and mutually respectful process when At the end of subtitle G of title X, add the victed, and incarcerated as a result of you work with Senator LEVIN, even on following: military commissions numbers in the matters of disagreement, and I appre- SEC. 1073. REPORT ON AIR AMERICA. handful—perhaps even fewer than five. ciate the resolution. (a) DEFINITIONS.—In this section: By contrast, just since January 1 of I would just like to say in response to (1) AIR AMERICA.—The term ‘‘Air America’’ this year, more than 30 individuals the comments of my friend from Rhode means Air America, Incorporated. Island—and there is nothing here in- (2) ASSOCIATED COMPANY.—The term ‘‘asso- have been charged with terrorism, suc- ciated company’’ means any entity associ- cessfully prosecuted, and sentenced to tended to in any way disparage the ated with, predecessor to, or subsidiary to Federal prison—more than 30 convicted work of the Federal prosecutors, and I Air America, including Air Asia Company or sentenced just this year. There are appreciate the record he cited of the Limited, CAT Incorporated, Civil Air Trans- 355 inmates in Federal prison now who prosecutions, but the point Senator port Company Limited, and the Pacific Divi- have been successfully charged, pros- GRAHAM and I are trying to make, and sion of Southern Air Transport during the ecuted, convicted, and are now serving I hope the whole Senate will, is that period when such an entity was owned and lengthy sentences as a result of their violations of the laws of war are inher- controlled by the United States Government. (b) REPORT ON RETIREMENT BENEFITS FOR history or connection with inter- ently different. Regardless of the out- FORMER EMPLOYEES OF AIR AMERICA.— national or domestic terrorism. come—how many people are convicted (1) IN GENERAL.—Not later than 180 days I don’t want to get into a discussion or put in jail or not—those allegations after the date of the enactment of this Act, right now on whether military commis- of such crimes belong before military the Director of National Intelligence shall sions are a good or bad idea, but what commissions, or tribunals as they have submit to Congress a report on the advis- has proven tried-and-true in terms of been called throughout our history, not ability of providing Federal retirement bene- actually putting terrorists behind bars, in Federal criminal courts where other fits to United States citizens for the service where they belong, has been the exper- violations of our domestic criminal law of such citizens prior to 1977 as employees of tise and the experience and the capa- are handled. Part of that is just an ap- Air America or an associated company dur- ing a period when Air America or the associ- bility of the U.S. Department of Jus- propriate allocation of responsibility. ated company was owned or controlled by tice. They have been successful. There Part of it is that I think it is impor- the United States Government and operated are hundreds of terrorists behind bars. tant we not fall into a misunder- or managed by the Central Intelligence There are far more than have ever standing that we are not involved in Agency.

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(2) REPORT ELEMENTS.—The report required (B) by redesignating paragraphs (4) AMENDMENT NO. 1675 by paragraph (1) shall include the following: through (15) as paragraphs (3) through (14), (Purpose: To ensure that members of the re- (A) The history of Air America and the as- respectively; and serve components of the Armed Forces who sociated companies prior to 1977, including a (2) by adding at the end the following new are injured while on active duty are ad- description of— subsection: vised of programs to assist in their transi- (i) the relationship between Air American tion back to civilian life) and the associated companies and the Cen- ‘‘(i) SUICIDE PREVENTION AND COMMUNITY At the end of subtitle D of title VI, add the tral Intelligence Agency or any other ele- HEALING AND RESPONSE PROGRAM.— following: ment of the United States Government; ‘‘(1) ESTABLISHMENT.—As part of the Yel- (ii) the workforce of Air America and the low Ribbon Reintegration Program, the Of- SEC. 652. CONTINUATION ON ACTIVE DUTY OF associated companies; fice for Reintegration Programs shall estab- RESERVE COMPONENT MEMBERS DURING PHYSICAL DISABILITY (iii) the missions performed by Air Amer- lish a program to provide National Guard EVALUATION FOLLOWING MOBILIZA- ica, the associated companies, and their em- and Reserve members and their families, and TION AND DEPLOYMENT. ployees for the United States; and in coordination with community programs, Section 1218 of title 10, United States Code, (iv) the casualties suffered by employees of assist the communities, with training in sui- is amended by adding at the end the fol- Air America and the associated companies in cide prevention and community healing and lowing new subsection: the course of their employment. response to suicide. ‘‘(d)(1) The Secretary of a military depart- (B) A description of— ‘‘(2) DESIGN.—In establishing the program ment shall ensure that each member of a re- (i) the retirement benefits contracted for under paragraph (1), the Office for Reintegra- serve component under the jurisdiction of or promised to the employees of Air America tion Programs shall consult with— the Secretary who is determined, after a mo- and the associated companies prior to 1977; ‘‘(A) persons that have experience and ex- bilization and deployment to an area in (ii) the contributions made by such em- pertise with combining military and civilian which imminent danger pay is authorized ployees for such benefits; intervention strategies that reduce risk and under section 310 of title 37, to require eval- (iii) the retirement benefits actually paid promote healing after a suicide attempt or uation for a physical or mental disability such employees; suicide death for National Guard and Re- which could result in separation or retire- (iv) the entitlement of such employees to ment for disability under this chapter or the payment of future retirement benefits; serve members; and ‘‘(B) the adjutant general of each State, placement on the temporary disability re- and tired list or inactive status list under this the Commonwealth of Puerto Rico, the Dis- (v) the likelihood that such employees will chapter is retained on active duty during the trict of Columbia, Guam, and the Virgin Is- receive any future retirement benefits. disability evaluation process until such time lands. (C) An assessment of the difference be- as such member is— tween— ‘‘(3) OPERATION.— ‘‘(A) cleared by appropriate authorities for (i) the retirement benefits that former em- ‘‘(A) SUICIDE PREVENTION TRAINING.—The continuation on active duty; or ployees of Air America and the associated Office for Reintegration Programs shall pro- ‘‘(B) separated, retired, or placed on the companies have received or will receive by vide National Guard and Reserve members temporary disability retired list or inactive virtue of their employment with Air Amer- with training in suicide prevention. Such status list. ica and the associated companies; and training shall include— ‘‘(2)(A) A member described in paragraph (ii) the retirement benefits that such em- ‘‘(i) describing the warning signs for sui- (1) may request termination of active duty ployees would have received or be eligible to cide and teaching effective strategies for pre- under such paragraph at any time during the receive if such employment was deemed to vention and intervention; demobilization or disability evaluation proc- be employment by the United States Govern- ‘‘(ii) examining the influence of military ess of such member. ment and their service during such employ- culture on risk and protective factors for ‘‘(B) Upon a request under subparagraph ment was credited as Federal service for the suicide; and (A), a member described in paragraph (1) purpose of Federal retirement benefits. ‘‘(iii) engaging in interactive case sce- shall only be released from active duty after (D)(i) Any recommendations regarding the narios and role plays to practice effective the member receives counseling about the advisability of legislative action to treat intervention strategies. consequences of termination of active duty. such employment as Federal service for the ‘‘(B) COMMUNITY HEALING AND RESPONSE ‘‘(C) Each release from active duty under purpose of Federal retirement benefits in subparagraph (B) shall be thoroughly docu- TRAINING.—The Office for Reintegration Pro- light of the relationship between Air Amer- mented. grams shall provide the families and commu- ica and the associated companies and the ‘‘(3) The requirements in paragraph (1) nities of National Guard and Reserve mem- United States Government and the services shall expire on the date that is five years bers with training in responses to suicide and sacrifices of such employees to and for after the date of the enactment of the Na- the United States. that promote individual and community tional Defense Authorization Act for Fiscal (ii) If legislative action is considered advis- healing. Such training shall include— Year 2010.’’. able under clause (i), a proposal for such ac- ‘‘(i) enhancing collaboration among com- SEC. 653. USE OF LOCAL RESIDENCES FOR COM- tion and an assessment of its costs. munity members and local service providers MUNITY-BASED CARE FOR CERTAIN (E) The opinions of the Director of the Cen- to create an integrated, coordinated commu- RESERVE COMPONENT MEMBERS. tral Intelligence Agency, if any, on any mat- nity response to suicide; Section 1222 of title 10, United States Code, ters covered by the report that the Director ‘‘(ii) communicating best practices for pre- is amended by adding at the end the fol- of the Central Intelligence Agency considers venting suicide, including safe messaging, lowing new subsection: appropriate. appropriate memorial services, and media ‘‘(d) USE OF LOCAL RESIDENCES FOR CER- (3) ASSISTANCE OF COMPTROLLER GENERAL.— guidelines; TAIN RESERVE COMPONENT MEMBERS.—(1)(A) The Comptroller General of the United ‘‘(iii) addressing the impact of suicide on A member of a reserve component described States shall, upon the request of the Direc- the military and the larger community, and by subparagraph (B) may be assigned to the tor of National Intelligence and in a manner the increased risk that can result; and community-based warrior transition unit lo- consistent with the protection of classified ‘‘(iv) managing resources to assist key cated nearest to the member’s permanent information, assist the Director in the prepa- community and military service providers in place of residence if residing at that location ration of the report required by paragraph is— (1). helping the families, friends, and fellow sol- diers of a suicide victim through the proc- ‘‘(i) medically feasible, as determined by a (4) FORM.—The report required by para- licensed military health care provider; and esses of grieving and healing. graph (1) shall be submitted in unclassified ‘‘(ii) consistent with— ‘‘(C) COLLABORATION WITH CENTERS OF EX- form, but may include a classified annex. ‘‘(I) the needs of the armed forces; and CELLENCE.—The Office for Reintegration Pro- AMENDMENT NO. 1621, AS MODIFIED ‘‘(II) the optimal course of medical treat- grams, in consultation with the Defense Cen- ment of the member. On page 161, after line 23, add the fol- ters of Excellence for Psychological Health ‘‘(B) A member of a reserve component de- lowing: and Traumatic Brain Injury, shall collect scribed by this subparagraph is any member and analyze ‘lessons learned’ and suggestions SEC. 557. EXPANSION OF SUICIDE PREVENTION remaining on active duty under section AND COMMUNITY HEALING AND RE- from State National Guard and Reserve or- 1218(d) of this title during the period the SPONSE TRAINING UNDER THE YEL- ganizations with existing or developing sui- member is on active duty under such sub- LOW RIBBON REINTEGRATION PRO- cide prevention and community response section. GRAM. programs.’’. ‘‘(2) Nothing in this subsection shall be Section 582 of the National Defense Au- ‘‘(4) TERMINATION.—The program estab- construed as terminating, altering, or other- thorization Act for Fiscal Year 2008 (Public lished under this subsection shall terminate wise affecting the authority of the com- Law 110–181; 10 U.S.C. 10101 note) is amend- on October 1, 2012.’’. mander of a member described in paragraph ed— (1)(B) to order the member to perform duties (1) in subsection (h)— consistent with the member’s fitness for (A) by striking paragraph (3); and duty.

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‘‘(3) The Secretary concerned shall pay any (b) LIMITATIONS.— (3) An assessment of the unconventional reasonable expenses of transportation, lodg- (1) APPROVAL BY COMMANDER OF COMBATANT forces of the Government of the Islamic Re- ing, and meals incurred by a member resid- COMMAND AND CHIEF OF MISSION.—Funds shall public of Iran, including the following: ing at the member’s permanent place of resi- not be available under subsection (a) for ac- (A) The size and capability of special oper- dence under this subsection in connection tivities conducted under the State Partner- ations units, including the Iranian Revolu- with travel from the member’s permanent ship Program in a foreign country unless tionary Guard Corps-Quds Force. place of residence to a medical facility dur- such activities are jointly approved by the (B) The types and amount of support pro- ing the period in which the member is cov- commander of the combatant command con- vided to groups designated by the United ered by this subsection.’’. cerned and the chief of mission concerned. States as terrorist organizations in par- SEC. 654. ASSISTANCE WITH TRANSITIONAL BEN- (2) PARTICIPATION BY MEMBERS.—Funds ticular those forces that have been assessed EFITS. shall not be available under subsection (a) as willing to carry out terrorist operations (a) IN GENERAL.—Chapter 61 of title 10, for the participation of a member of the Na- on behalf of the Islamic Republic of Iran. United States Code, is amended by inserting tional Guard in activities conducted under (C) A detailed analysis of the unconven- after section 1218 the following new section: the State Partnership Program in a foreign tional forces of the Government of the Is- ‘‘§ 1218a. Discharge or release from active country unless the member is on active duty lamic Republic of Iran and their implica- duty: transition assistance in the Armed Forces at the time of such par- tions for the United States and other coun- ‘‘The Secretary of a military department ticipation. tries in the Middle East region. shall provide to a member of a reserve com- (c) REIMBURSEMENT.—In the event of the (D) An estimate of the amount of funds ponent under the jurisdiction of the Sec- participation of personnel of a department or spent by the Government of the Islamic Re- retary who is injured while on active duty in agency of the United States Government public of Iran to develop and support special the armed forces the following before such (other than the Department of Defense) in operations forces and terrorist groups. member is demobilized or separated from the activities for which payment is made under (c) DEFINITIONS.—In this section: armed forces: subsection (a), the head of such department (1) CONVENTIONAL FORCES OF THE GOVERN- MENT OF IRAN.—The term ‘‘conventional ‘‘(1) Information on the availability of care or agency shall reimburse the Secretary of forces of the Government of the Islamic Re- and administrative processing through com- Defense for the costs associated with the public of Iran’’— munity based warrior transition units. participation of such personnel in such ac- (A) means military forces of the Islamic ‘‘(2) The location of the community based tivities. Amounts reimbursed the Depart- Republic of Iran designed to conduct oper- warrior transition unit located nearest to ment of Defense under this subsection shall ations on sea, air, or land, other than Iran’s the member’s permanent place of residence. be deposited in the appropriation or account unconventional forces and Iran’s strategic ‘‘(3) An opportunity to consult with a from which amounts for the payment con- missile forces; and member of the applicable judge advocate cerned were derived. Any amounts so depos- (B) includes Iran’s Army, Iran’s Air Force, general’s corps, or other qualified legal as- ited shall be merged with amounts in such Iran’s Navy, and elements of the Iranian sistance attorney, regarding the member’s appropriation or account, and shall be avail- Revolutionary Guard Corps, other than the eligibility for compensation, disability, or able for the same purposes, and subject to Iranian Revolutionary Guard Corps-Quds other transitional benefits.’’. the same conditions and limitations, as Force. (b) CLERICAL AMENDMENT.—The table of amounts in such appropriation or account. sections at the beginning of chapter 61 of (2) MIDDLE EAST REGION.—The term ‘‘Mid- AMENDMENT NO. 1697 such title is amended by inserting after the dle East region’’ means— item relating to section 1218 the following (Purpose: To require a biennial report on the (A) the countries within the area of respon- new item: military power of Iran) sibility of United States Central Command; and ‘‘1218a. Discharge or release from active On page 479, between lines 18 and 19, insert (B) the countries within the area covered duty: transition assistance.’’. the following: by the Bureau of Near Eastern Affairs of the AMENDMENT NO. 1700 SEC. 1222. REPORT ON MILITARY POWER OF Department of State. IRAN. (Purpose: To ensure the security of Iraq (3) UNCONVENTIONAL FORCES OF THE GOV- through defense cooperation between the (a) BIENNIAL REPORT.—Not later than ERNMENT OF IRAN.—The term ‘‘unconven- United States and Iraq) March 31, 2010, and in each even-numbered tional forces of the Government of the Is- At the end of subtitle A of title XII, add year thereafter until 2020, the Secretary of lamic Republic of Iran’’— the following: Defense shall submit to Congress a report, in (A) means forces of the Islamic Republic of SEC. 1211. ENSURING IRAQI SECURITY THROUGH both classified and unclassified form, on the Iran that carry out missions typically asso- DEFENSE COOPERATION BETWEEN current and future military strategy of the ciated with special operations forces; and THE UNITED STATES AND IRAQ. Islamic Republic of Iran. The report shall ad- (B) includes— The President may treat an undertaking dress the current and probable future course (i) the Iranian Revolutionary Guard Corps- by the Government of Iraq that is made be- of military developments on the Army, Air Quds Force; and tween the date of the enactment of this Act Force, Navy, and Revolutionary Guard Corps (ii) any organization that— and December 31, 2011, as a dependable un- of the Islamic Republic of Iran. (I) has been designated a terrorist organi- dertaking described in section 22(a) of the (b) MATTERS TO BE INCLUDED.—The report zation by the United States; Arms Export Control Act (22 U.S.C. 2762(a)) required under subsection (a) shall include (II) receives assistance from the Govern- for purposes of entering into contracts for the following elements: ment of Iran; and the procurement of defense articles and de- (1) As assessment of the grand strategy, se- (III)(aa) is assessed as being willing in fense services as provided for in that section. curity strategy, and military strategy of the some or all cases of carrying out attacks on AMENDMENT NO. 1680 Government of the Islamic Republic of Iran, behalf of the Government of the Islamic Re- (Purpose: To authorize the availability of ap- including the following: public of Iran; or propriated funds for certain activities con- (A) The goals of the grand strategy, secu- (bb) is assessed as likely to carry out at- ducted under the State Partnership Pro- rity strategy, and military strategy. tacks in response to a military attack by an- gram of the National Guard) (B) Aspects of the strategies that would be other country on the Islamic Republic of At the end of subtitle A of title XII, add designed to establish Iran as the leading Iran. power in the Middle East and to enhance the the following: AMENDMENT NO. 1494 influence of Iran in other regions of the SEC. 1211. AVAILABILITY OF APPROPRIATED (Purpose: To require a report on criteria for world. FUNDS FOR THE STATE PARTNER- the selection of strategic embarkation (C) The security situation in the Persian SHIP PROGRAM. ports and ship layberth locations) (a) AVAILABILITY OF APPROPRIATED Gulf and the Levant. On page 429, between lines 8 and 9, insert FUNDS.—The Secretary of Defense may, (D) Iranian strategy regarding other coun- under regulations prescribed by the Sec- tries in the Middle East region. the following: retary, use funds appropriated to the Depart- (2) An assessment of the capabilities of the SEC. 1073. REPORT ON CRITERIA FOR SELECTION ment of Defense for fiscal year 2010 to pay conventional forces of the Government of the OF STRATEGIC EMBARKATION PORTS AND SHIP LAYBERTHING LO- the costs incurred by the National Guard (in- Islamic Republic of Iran, including the fol- CATIONS. cluding the costs of pay and allowances of lowing: (a) REPORT REQUIRED.—Not later than 180 members of the National Guard) in con- (A) The size, location, and capabilities of days after the date of the enactment of this ducting activities under the State Partner- the conventional forces. Act, the Commander of the United States ship Program— (B) A detailed analysis of the conventional Transportation Command shall submit to (1) to support the objectives of the com- forces of the Government of the Islamic Re- the congressional defense committees a re- mander of the combatant command for the public of Iran facing United States forces in port with criteria for the selection of stra- theater of operations in which such activi- the region and other countries in the Middle tegic embarkation ports and ship layberth ties are conducted; or East region. locations. (2) to build international civil-military (C) An estimate of the funding provided for (b) DEVELOPMENT OF CRITERIA.—The cri- partnerships and capacity on matters relat- each branch of the conventional forces of the teria included in the report required under ing to defense and security. Government of the Islamic Republic of Iran. subsection (a) shall—

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(III) immediately before the transfer, the (A) time required to crew, activate, and (B) A description of the authorities avail- defense articles to be transferred were being sail sealift vessels to embarkation ports; able for addressing the requirements identi- used to support operations in Iraq; (B) distance and travel times for the forces fied in subparagraph (A). (IV) the defense articles to be transferred from assigned installation to embarkation (C) A description of the process for were present in Iraq as of the date of enact- ports; inventorying equipment and property, in- ment of this Act; and (C) availability of adequate infrastructure cluding defense articles, in Iraq owned by the (V) the defense articles to be transferred to transport forces from assigned installa- Department of Defense, including equipment are required by the military and security tion to embarkation ports; and and property owned by the Department of forces of Iraq or the military and security (D) time required to move forces from em- Defense and under the control of contractors forces of Afghanistan, as applicable, to build barkation ports to likely areas of force de- in Iraq. their capacity to restore and maintain peace ployment around the world; and (D) A description of the types of defense ar- and security in their country; (3) inform the selection of strategic embar- ticles that the Department of Defense in- (ii) the government of the recipient coun- kation ports and the procurement of ship tends to transfer to the military and secu- try has agreed to accept and take possession layberthing services. rity forces of Iraq and an estimate of the of the defense articles to be transferred and AMENDMENT NO. 1718 quantity of such defense articles to be trans- to receive the defense services in connection (Purpose: To provide authority to transfer ferred. with that transfer; and covered defense articles no logner needed (E) A description of the process by which (iii) the proposed transfer of such defense in Iraq and to provide defense services to potential requirements for defense articles articles and the provision of defense services the security forces of Iraq and Afghani- to be transferred under the authority pro- in connection with such transfer is in the na- stan) vided in subsection (a), other than the re- tional interest of the United States. On page 475, between lines 2 and 3, insert quirements of the security forces of Iraq or (f) QUARTERLY REPORT.—Not later than 90 the following: Afghanistan, are identified and the mecha- days after the date of the report provided under subsection (d), and every 90 days SEC. 1211. AUTHORITY TO TRANSFER DEFENSE nism for resolving any potential conflicting ARTICLES AND PROVIDE DEFENSE requirements for such defense articles. thereafter during fiscal year 2010, the Sec- SERVICES TO THE MILITARY AND SE- (F) A description of the plan, if any, for re- retary of Defense shall report to the appro- CURITY FORCES OF IRAQ AND AF- imbursing military departments from which priate congressional committees on the im- GHANISTAN. plementation of the authority under sub- non-excess defense articles are transferred (a) AUTHORITY.—The President is author- section (a). The report shall include the re- under the authority provided in subsection ized to transfer defense articles from the placement value of defense articles trans- (a). stocks of the Department of Defense, and to ferred pursuant to subsection (a), both in the (G) An assessment of the efforts by the provide defense services in connection with aggregate and by military department, and Government of Iraq to identify the require- the transfer of such defense articles, to— services provided to Iraq and Afghanistan ments of the military and security forces of (1) the military and security forces of Iraq during the previous 90 days. Iraq for defense articles to support the ef- to support the efforts of those forces to re- (g) DEFINITIONS.—In this section: forts of those forces to restore and maintain store and maintain peace and security in (1) APPROPRIATE CONGRESSIONAL COMMIT- peace and security in that country. that country; and TEES.—The term ‘‘appropriate congressional (2) the military and security forces of Af- (H) An assessment of the ability of the committees’’ means— ghanistan to support the efforts of those Governments of Iraq and Afghanistan to ab- (A) the Committee on Appropriations, the forces to restore and maintain peace and se- sorb the costs associated with possessing and Committee on Armed Services, and the Com- curity in that country. using the defense articles to be transferred. mittee on Foreign Affairs of the House of (b) LIMITATIONS.— (I) A description of the steps taken by the Representatives; and (1) VALUE.—The aggregate replacement Government of Iraq to procure or acquire de- (B) the Committee on Appropriations, the value of all defense articles transferred and fense articles to meet the requirements of Committee on Armed Services, and the Com- defense services provided under subsection the military and security forces of Iraq, in- mittee on Foreign Relations of the Senate. (a) may not exceed $500,000,000. cluding through military sales from the (2) DEFENSE ARTICLES.—The term ‘‘defense (2) SOURCE OF TRANSFERRED DEFENSE ARTI- United States. articles’’ has the meaning given the term in CLES.—The authority under subsection (a) (e) NOTIFICATION.— section 644(d) of the Foreign Assistance Act may only be used for defense articles that— (1) IN GENERAL.—The President may not of 1961 (22 U.S.C. 2403(d)). (A) immediately before the transfer were transfer defense articles or provide defense (3) DEFENSE SERVICES.—The term ‘‘defense in use to support operations in Iraq; services under subsection (a) until 15 days services’’ has the meaning given the term in (B) were present in Iraq as of the date of after the date on which the President has section 644(f) of such Act (22 U.S.C. 2403(f)). enactment of this Act; and provided notice of the proposed transfer of (4) MILITARY AND SECURITY FORCES.—The (C) are no longer required by United States defense articles or provision of defense serv- term ‘‘military and security forces’’ means forces in Iraq. ices to the appropriate congressional com- national armies, national air forces, national (c) APPLICABLE LAW.—Any defense articles mittees. navies, national guard forces, police forces transferred or defense services provided to and border security forces, but does not in- Iraq or Afghanistan under the authority of (2) CONTENTS.—Such notification shall in- clude— clude non-governmental or irregular forces subsection (a) shall be subject to the au- (such as private militias). thorities and limitations applicable to excess (A) a description of the amount and type of each defense article to be transferred or de- (h) EXPIRATION.—The authority provided defense articles under section 516 of the For- under subsection (a) may not be exercised eign Assistance Act of 1961 (22 U.S.C. 2321j), fense services to be provided; (B) a statement describing the current after September 30, 2010. other than the authorities and limitations (i) EXCESS DEFENSE ARTICLES.— value of such article and the estimated re- contained in subsections (b)(1)(B), (e), (f), (1) ADDITIONAL AUTHORITY.—The authority placement value of such article; and (g) of such section. provided by subsection (a) is in addition to (d) REPORT.— (C) an identification of the military de- the authority provided by Section 516 of the (1) IN GENERAL.—The President may not ex- partment from which the defense articles Foreign Assistance Act of 1961. ercise the authority under subsection (a) being transferred are drawn; (2) AGGREGATE VALUE.—The value of excess until 30 days after the Secretary of Defense, (D) an identification of the element of the defense articles transferred to Iraq during with the concurrence of the Secretary of military or security force that is the pro- fiscal year 2010 pursuant to Section 516 of the State, provides the appropriate congres- posed recipient of each defense article to be Foreign Assistance Act of 1961 shall not be sional committees a report on the plan for transferred or defense service to be provided; counted against the limitation on the aggre- the disposition of equipment and other prop- (E) an assessment of the impact of the gate value of excess defense articles trans- erty of the Department of Defense in Iraq. transfer on the national technology and in- ferred contained in subsection (g) of such (2) ELEMENTS OF REPORT.—The report re- dustrial base and, particularly, the impact Act. quired under paragraph (1) shall include the on opportunities of entities in the national following elements: technology and industrial base to sell new or AMENDMENT NO. 1601 (A) An assessment of— used equipment to the countries to which (Purpose: To require a report on simplifying (i) the types and quantities of defense arti- such articles are to be transferred; and defense travel) cles required by the military and security (F) a certification by the President that— On page 429, between lines 8 and 9, insert forces of Iraq to support the efforts of those (i) the Secretary of Defense has determined the following: military and security forces to restore and that— SEC. 1073. REPORT ON DEFENSE TRAVEL SIM- maintain peace and security in Iraq; and (I) the defense articles to be transferred PLIFICATION. (ii) the types and quantities of defense ar- are no longer required by United States (a) REPORT REQUIRED.—Not later than 180 ticles required by the military and security forces in Iraq; days after the date of the enactment of this

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Act, the Secretary of Defense shall submit to the goals established in overarching public (2) INTERAGENCY COOPERATION.—In pre- the Committees on Armed Services of the statements of strategy issued by the execu- paring a report under this subsection, the Senate and the House of Representatives a tive branch; President shall include relevant information report setting forth a comprehensive plan to (E) a determination of whether the Na- maintained by— simplify defense travel. tional Counterterrorism Center exercises the (A) the National Counterterrorism Center (b) ELEMENTS.—The report required under authority and has the resources and exper- and the National Counterproliferation Cen- subsection (a) shall include the following: tise required to fulfill the interagency stra- ter; (1) A comprehensive discussion of aspects tegic and operational planning role described (B) Department of Justice, including the of the Department of Defense travel system in section 119(j) of the National Security Act Federal Bureau of Investigation; that are most confusing, inefficient, and in of 1947 (50 U.S.C. 404o), as added by section (C) the Department of State; need of revision. 1012 of the National Security Intelligence (D) the Department of Defense; (2) Critical review of opportunities to Reform Act of 2004 (title I of Public Law 108– (E) the Department of Homeland Security; streamline and simplify defense travel poli- 458); (F) the Department of the Treasury; cies and to reduce travel-related costs to the (F) a description of the efforts of the (G) the Office of the Director of National Department of Defense. United States Government to combat Al Intelligence; (3) Options to leverage industry capabili- Qaeda and its related affiliates and under- (H) the Central Intelligence Agency; ties that could enhance management respon- mine violent extremist ideology, which shall (I) the Office of Management and Budget; siveness to changing markets. include— (J) the United States Agency for Inter- (4) A discussion of pilot programs that (i) a specific list of the President’s highest national Development; and could be undertaken to prove the merit of global counterterrorism priorities; (K) any other Federal department that improvements identified in accomplishing (ii) the degree of success achieved by the maintains relevant information. actions specified in paragraphs (1) and (2), in- United States, and remaining areas for (3) REPORT CLASSIFICATION.—Each report cluding recommendations for legislative au- progress, in meeting the priorities described required under this subsection shall be— thority. in clause (i); and (A) submitted in an unclassified form, to (5) Such recommendations and an imple- (iii) efforts in those countries in which the the maximum extent practicable; and mentation plan for legislative or administra- President determines that— (B) accompanied by a classified appendix, tive action as the Secretary of Defense con- (I) Al Qaeda and its related affiliates have as appropriate. siders appropriate to improve defense travel. a presence; or AMENDMENT NO. 1703 AMENDMENT NO. 1738 (II) acts of international terrorism have (Purpose: To reauthorize the SBIR program (Purpose: To provide for an annual com- been perpetrated by Al Qaeda and its related and the STTR program, and for other pur- prehensive report on the status of United affiliates; poses) States efforts and the level of progress (G) a specific list of United States counter- (The amendment is printed in the achieved to counter and defeat Al Qaeda terrorism efforts, and the specific status and RECORD of Wednesday, July 22, 2009, and its related affiliates and undermine achievements of such efforts, through mili- long-term support for the violent extre- tary, financial, political, intelligence, para- under ‘‘Text of Amendments.’’) mism that helps sustain Al Qaeda’s re- military, and law enforcement elements, re- AMENDMENT NO. 1656 cruitment efforts) lating to— (Purpose: To require a report on the recruit- At the appropriate place, insert the fol- (i) bilateral security and training pro- ment and retention of members of the Air lowing: grams; Force in nuclear career fields) SEC. ll. ANNUAL COUNTERTERRORISM STATUS (ii) law enforcement and border security; At the end of subtitle D of title VI, add the REPORTS. (iii) the disruption of terrorist networks; following: (a) SHORT TITLE.—This section may be and SEC. 652. REPORT ON RECRUITMENT AND RETEN- cited as the ‘‘Success in Countering Al Qaeda (iv) the denial of terrorist safe havens and TION OF MEMBERS OF THE AIR Reporting Requirements Act of 2009’’. sanctuaries; FORCE IN NUCLEAR CAREER (b) ANNUAL COUNTERTERRORISM STATUS RE- (H) a description of United States Govern- FIELDS. PORTS.— ment activities to counter terrorist recruit- (a) REPORT REQUIRED.—Not later than 180 (1) IN GENERAL.—Not later than July 31, ment and radicalization, including— days after the date of the enactment of this 2010, and every July 31 thereafter, the Presi- (i) strategic communications; Act, the Secretary of the Air Force shall dent shall submit a report, to the Committee (ii) public diplomacy; submit to the congressional defense commit- on Foreign Relations of the Senate, the Com- (iii) support for economic development and tees a report on the efforts of the Air Force mittee on Foreign Affairs of the House of political reform; and to attract and retain qualified individuals Representatives, the Committee on Armed (iv) other efforts aimed at influencing pub- for service as members of the Air Force in- Services of the Senate, the Committee on lic opinion; volved in the operation, maintenance, han- Armed Services of the House of Representa- (I) United States Government initiatives dling, and security of nuclear weapons. tives, the Committee on Appropriations of to eliminate direct and indirect inter- (b) ELEMENTS.—The report required by sub- the Senate, the Committee on Appropria- national financial support for the activities section (a) shall include the following: tions of the House of Representatives, the of terrorist groups; (1) A description of current reenlistment Select Committee on Intelligence of the Sen- (J) a cross-cutting analysis of the budgets rates, set forth by Air Force Specialty Code, ate, and the Permanent Select Committee on of all Federal Government agencies as they of members of the Air Force serving in posi- Intelligence of the House of Representatives, relate to counterterrorism funding to battle tions involving the operation, maintenance, which contains, for the most recent 12- Al Qaeda and its related affiliates abroad, in- handling, and security of nuclear weapons. month period, a review of the counterter- cluding— (2) A description of the current personnel rorism strategy of the United States Govern- (i) the source of such funds; and fill rate for Air Force units involved in the ment, including— (ii) the allocation and use of such funds; operation, maintenance, handling, and secu- (A) a detailed assessment of the scope, sta- (K) an analysis of the extent to which spe- rity of nuclear weapons. tus, and progress of United States counter- cific Federal appropriations— (3) A description of the steps the Air Force terrorism efforts in fighting Al Qaeda and its (i) have produced tangible, calculable re- has taken, including the use of retention bo- related affiliates and undermining long-term sults in efforts to combat and defeat Al nuses or assignment incentive pay, to im- support for violent extremism; Qaeda, its related affiliates, and its violent prove recruiting and retention of officers and (B) a judgment on the geographical region ideology; or enlisted personnel by the Air Force for the in which Al Qaeda and its related affiliates (ii) contribute to investments that have positions described in paragraph (1). pose the greatest threat to the national se- expected payoffs in the medium- to long- (4) An assessment of the feasibility, advis- curity of the United States; term; ability, utility, and cost effectiveness of es- (C) a judgment on the adequacy of inter- (L) statistical assessments, including those tablishing additional bonuses or incentive agency integration of the counterterrorism developed by the National Counterterrorism pay as a way to enhance the recruitment and programs and activities of the Department of Center, on the number of individuals belong- retention by the Air Force of skilled per- Defense, the United States Special Oper- ing to Al Qaeda and its related affiliates that sonnel in the positions described in para- ations Command, the Central Intelligence have been killed, injured, or taken into cus- graph (1). Agency, the Department of State, the De- tody as a result of United States counterter- (5) An assessment of whether assignment partment of the Treasury, the Department of rorism efforts; and incentive pay should be provided for mem- Homeland Security, the Department of Jus- (M) a concise summary of the methods bers of the Air Force covered by the Per- tice, and other Federal departments and used by National Counterterrorism Center sonnel Reliability Program. agencies; and other elements of the United States Gov- (6) An assessment of the long-term commu- (D) an evaluation of the extent to which ernment to assess and evaluate progress in nity management plan for recruitment and the counterterrorism efforts of the United its overall counterterrorism efforts, includ- retention by the Air Force of skilled per- States correspond to the plans developed by ing the use of specific measures, metrics, and sonnel in the positions described in para- the National Counterterrorism Center and indices. graph (1).

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8010 CONGRESSIONAL RECORD — SENATE July 23, 2009 (7) Such other matters as the Secretary care benefits to retired members of the payable under this section to a member de- considers appropriate. Armed Forces that equals the quality of scribed in subsection (b) for any month that AMENDMENT NO. 1523 their selfless service to our country; begins before the date on which the member (Purpose: To amend provisions relating to (2) past proposals by the Department of De- is medically retired. Federal civilian employee retirement, and fense to impose substantial fee increases on ‘‘(e) CONSTRUCTION WITH OTHER PAY AND for other purposes) military beneficiaries have failed to ac- ALLOWANCES.—Monthly special compensa- (The amendment is printed in the knowledge properly the findings addressed in tion payable to a member under this section subsection (a); and is in addition to any other pay and allow- RECORD of Tuesday, July 14, 2009, under (3) the Department of Defense has many ances payable to the member by law. ‘‘Text of Amendments.’’) additional options to constrain the growth of ‘‘(f) BENEFIT INFORMATION.—The Secretary AMENDMENT NO. 1647 health care spending in ways that do not dis- of Defense, in collaboration with the Sec- (Purpose: To express the sense of the Senate advantage retired members of the Armed retary of Veterans Affairs, shall ensure that on costs for health care for members of the Forces who participate or seek to participate members of the uniformed services who may Armed Forces and their families) in the TRICARE program, and should pursue be eligible for compensation under this sec- On page 213, between lines 14 and 15, insert any and all such options rather than seeking tion are made aware of the availability of the following: large increases for enrollment fees, such compensation by including information SEC. 706. SENSE OF THE SENATE ON HEALTH deductibles, and copayments for such retir- about such compensation in written and on- CARE BENEFITS AND COSTS FOR ees, and their families or survivors, who do line materials for such members and their MEMBERS OF THE ARMED FORCES participate in that program. families. AND THEIR FAMILIES. AMENDMENT NO. 1662 ‘‘(g) REGULATIONS.—The Secretary of De- (a) FINDINGS.—The Senate makes the fol- (Purpose: To expand the provision author- fense (or the Secretary of Homeland Secu- lowing findings: izing special compensation for members of rity, with respect to the Coast Guard) shall (1) Career members of the Armed Forces the uniformed services with certain inju- prescribe regulations to carry out this sec- and their families endure unique and ex- tion.’’. traordinary demands, and make extraor- ries or illnesses incurred in the line of (b) REPORT TO CONGRESS.— dinary sacrifices, over the course of 20-year duty) (1) IN GENERAL.—Not later than one year to 30-year careers in protecting freedom for Strike section 617 and insert the following: after the date of the enactment of this Act, all Americans. SEC. 617. SPECIAL COMPENSATION FOR MEM- the Secretary of Defense (and the Secretary (2) The nature and extent of these demands BERS OF THE UNIFORMED SERVICES of Homeland Security, with respect to the and sacrifices are never so evident as in war- WITH SERIOUS INJURIES OR ILL- NESSES REQUIRING ASSISTANCE IN Coast Guard) shall submit to Congress a re- time, not only during the current combat op- EVERYDAY LIVING. port on the provision of compensation under erations, but also during the wars of the last (a) IN GENERAL.—Chapter 7 of title 37, section 439 of title 37, United States Code, as 60 years when current retired members of the United States Code, is amended by adding at added by subsection (a) of this section. Armed Forces were on continuous call to go the end the following new section: in harm’s way when and as needed. (2) ELEMENTS.—The report required by ‘‘§ 439. Special compensation: members of the (3) A primary benefit of enduring the ex- paragraph (1) shall include the following: uniformed services with serious injuries or traordinary sacrifices inherent in a military (A) An estimate of the number of members career is a range of retirement benefits, in- illnesses requiring assistance in everyday of the uniformed services eligible for com- cluding lifetime health benefits, that a living pensation under such section 439. grateful Nation provides for those who ‘‘(a) MONTHLY COMPENSATION.—The Sec- (B) The number of members of the uni- choose to subordinate their personal life to retary concerned may pay to any member of formed services receiving compensation the national interest for so many years. the uniformed services described in sub- under such section. (4) Currently serving and retired members section (b) monthly special compensation in (C) The average amount of compensation of the uniformed services and their families an amount determined under subsection (c). provided to members of the uniformed serv- ‘‘(b) COVERED MEMBERS.—A member eligi- and survivors deserve benefits equal to their ices receiving such compensation. ble for monthly special compensation au- commitment and service to our Nation. (D) The average amount of time required thorized by subsection (a) is a member who— (5) Many employers are curtailing health for a member of the uniformed services to re- ‘‘(1) has been certified by a licensed physi- benefits and shifting costs to their employ- ceive such compensation after the member cian to be in need of assistance from another ees, which may result in retired members of becomes eligible for the compensation. person to perform the personal functions re- the Armed Forces returning to the Depart- (E) A summary of the types of injuries, dis- quired in everyday living; ment of Defense, and its TRICARE program, orders, and diseases of members of the uni- ‘‘(2) has a serious injury, disorder, or dis- for health care benefits during retirement, formed services receiving such compensation ease of either a temporary or permanent na- and contribute to health care cost growth. that made such members eligible for such ture that— (6) Defense health costs also expand as a compensation. ‘‘(A) is incurred or aggravated in the line result of service-unique military readiness (c) CLERICAL AMENDMENT.—The table of of duty; and requirements, wartime requirements, and sections at the beginning of chapter 7 of such ‘‘(B) compromises the member’s ability to other necessary requirements that represent title is amended by adding at the end the fol- carry out one or more activities of daily liv- the ‘‘cost of business’’ for the Department of lowing new item: ing or requires the member to be constantly Defense. ‘‘439. Special compensation: members of the supervised to avoid physical harm to the (7) While the Department of Defense has uniformed services with serious member or to others; and made some efforts to contain increases in injuries or illnesses requiring ‘‘(3) meets such other criteria, if any, as the cost of the TRICARE program, too many assistance in everyday living.’’. the Secretary of Defense (or the Secretary of of those efforts have been devoted to shifting Homeland Security, with respect to the AMENDMENT NO. 1741 a larger share of the costs of benefits under Coast Guard) prescribes for purposes of this (Purpose: To require the Secretary of De- that program to retired members of the section. fense to report on the status of the Air Na- Armed Forces who have earned health care ‘‘(c) AMOUNT.—(1) The amount of monthly tional Guard and the Air Force Reserve) benefits in return for a career of military special compensation payable to a member service. At the end of subtitle E of title III, add the under subsection (a) shall be determined following: (8) In some cases health care providers under criteria prescribed by the Secretary of refuse to accept TRICARE patients because Defense (or the Secretary of Homeland Secu- SEC. 342. REPORT ON STATUS OF AIR NATIONAL that program pays less than other public and rity, with respect to the Coast Guard), but GUARD AND AIR FORCE RESERVE. private payors and imposes unique adminis- may not exceed the amount of aid and at- Not later than 180 days after the date of trative requirements. tendance allowance authorized by section the enactment of this Act, the Secretary of (9) The Department of Defense records de- 1114(r)(2) of title 38 for veterans in need of Defense, in consultation with the Secretary posits to the Department of Defense Military aid and attendance. of the Air Force, the Chief of the National Retiree Health Care Fund as discretionary ‘‘(2) In determining the amount of monthly Guard Bureau, the Director of the Air Na- costs to the Department in spite of legisla- special compensation, the Secretary con- tional Guard, the Chief of the Air Force Re- tion enacted in 2006 that requires such depos- cerned shall consider the following: serve, and such other officials as the Sec- its to be made directly from the Treasury of ‘‘(A) The extent to which home health care retary of Defense considers appropriate, the United States. and related services are being provided by shall submit to Congress a report on— (10) As a result, annual payments for the the Government. (1) the status of the Air National Guard future costs of servicemember health care ‘‘(B) The extent to which aid and attend- and the Air Force Reserve; and continue to compete with other readiness ance services are being provided by family (2) the plans of the Department of Defense needs of the Armed Forces. and friends who may be compensated with to ensure that the Air National Guard and (b) SENSE OF SENATE.—It is the sense of the funds provided through the monthly special the Air Force Reserve remain ready to meet Senate that— compensation. the requirements of the Air Force and the (1) the Department of Defense and the Na- ‘‘(d) PAYMENT UNTIL MEDICAL RETIRE- combatant commands and for homeland de- tion have an obligation to provide health MENT.—Monthly special compensation is fense.

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AMENDMENT NO. 1746 tion of that Secretary or, in the case of the ‘‘(i) is consistent with the national secu- (Purpose: To require reports on the service Secretary of the Navy, for any of the armed rity interests of the United States; and life and replacement of AC-130 gunships of forces under the jurisdiction of that Sec- ‘‘(ii) will not adversely impact the balance the Air Force) retary, by a number equal to not more than of power in the region.’’. 2 percent of such authorized end strength; At the end of subtitle C of title I, add the AMENDMENT NO. 1702 and following: (Purpose: To require the Secretary of De- ‘‘(B) increase the end strength authorized SEC. 125. AC–130 GUNSHIPS. fense and the Secretary of Veterans Affairs pursuant to subsection (a)(2) for a fiscal year to submit to Congress a report on the use (a) REPORT ON REDUCTION IN SERVICE LIFE for the Selected Reserve of the reserve com- of alternative therapies in the treatment IN CONNECTION WITH ACCELERATED DEPLOY- ponent of the armed force under the jurisdic- of post-traumatic stress disorder, including MENT.—Not later than 90 days after the date tion of that Secretary or, in the case of the the therapeutic use of animals) of the enactment of this Act, the Secretary Secretary of the Navy, for the Selected Re- At the end of subtitle D of title VII, add of the Air Force, in consultation with the serve of the reserve component of any of the United States Special Operations Command, the following: armed forces under the jurisdiction of that SEC. 733. REPORT ON USE OF ALTERNATIVE shall submit to the congressional defense Secretary, by a number equal to not more committees an assessment of the reduction THERAPIES IN TREATMENT OF than 2 percent of such authorized end POST-TRAUMATIC STRESS DIS- in the service life of AC–130 gunships of the strength. ORDER. Air Force as a result of the accelerated de- ‘‘(2) Any increase under paragraph (1) of (a) IN GENERAL.—Not later than December ployments of such gunships that are antici- the end strength for an armed force or the 31, 2010, the Secretary of Defense and the pated during the seven- to ten-year period Selected Reserve of a reserve component of Secretary of Veterans Affairs shall jointly beginning with the date of the enactment of an armed force shall be counted as part of submit to the appropriate committees of this Act, assuming that operating tempo the increase for that armed force or Selected Congress a report on research related to continues at a rate per year of the average of Reserve for that fiscal year authorized under post-traumatic stress disorder. their operating rate for the last five years. subsection (f)(1) or subsection (f)(3), respec- (b) ELEMENTS.—The report required by sub- (b) ELEMENTS.—The report required by sub- tively.’’. section (a) shall include the following: section (a) shall include the following: (1) The status of all studies and clinical AMENDMENT NO. 1740 (1) An estimate by series of the mainte- trials that involve treatments of post-trau- nance costs for the AC–130 gunships during (Purpose: To require a plan for sustaining matic stress disorder conducted by the De- the period described in subsection (a), in- the land-based solid rocket motor indus- partment of Defense and the Department of cluding any major airframe and engine over- trial base) Veterans Affairs. hauls of such aircraft anticipated during On page 435, between lines 14 and 15, insert (2) The effectiveness of alternative thera- that period. the following: pies in the treatment of post-traumatic (2) A description by series of the age, serv- SEC. 1083. PLAN FOR SUSTAINMENT OF LAND- stress disorder, including the therapeutic use iceability, and capabilities of the armament BASED SOLID ROCKET MOTOR IN- of animals. systems of the AC–130 gunships. DUSTRIAL BASE. (3) Identification of areas in which the De- (3) An estimate by series of the costs of (a) IN GENERAL.—The Secretary of Defense partment of Defense and the Department of modernizing the armament systems of the shall review and establish a plan to sustain Veterans Affairs may be duplicating studies, AC–130 gunships to achieve any necessary ca- the solid rocket motor industrial base, in- programs, or research with respect to post- pability improvements. cluding the ability to maintain and sustain traumatic stress disorder. (4) A description by series of the age and currently deployed strategic and missile de- (c) APPROPRIATE COMMITTEES OF CONGRESS capabilities of the electronic warfare sys- fense systems and to maintain an intellec- DEFINED.—In this section, the term ‘‘appro- tems of the AC–130 gunships, and an estimate tual and engineering capacity to support priate committees of Congress’’ means— of the cost of upgrading such systems during next generation rocket motors, as needed. (1) the Committee on Armed Services, the that period to achieve any necessary capa- (b) SUBMISSION OF PLAN.—Not later than Committee on Appropriations, and the Com- bility improvements. March 1, 2010, the Secretary of Defense shall mittee on Veterans’ Affairs of the Senate; (5) A description by series of the age of the submit to the congressional defense commit- and avionics systems of the AC–130 gunships, and tees the plan required under subsection (a), (2) the Committee on Armed Services, the an estimate of the cost of upgrading such together with an explanation of how fiscal Committee on Appropriations, and the Com- systems during that period to achieve any year 2010 funds will be used to sustain and mittee on Veterans’ Affairs of the House of necessary capability improvements. support the plan and a description of the Representatives. (c) FORM.—The report required by sub- funding in the future years defense program AMENDMENT NO. 1717 section (a) shall be submitted in unclassified plan to support the plan. (Purpose: To carry out a pilot program to as- form, but may include a classified annex. AMENDMENT NO. 1687 sess the feasibility and advisability of (d) ANALYSIS OF ALTERNATIVES.—The Sec- (Purpose: To require a national security in- using service dogs for the treatment or re- retary of the Air Force, in consultation with terest certification for Coalition Support habilitation of veterans with physical or the United States Special Operations Com- Fund reimbursements provided to the Gov- mental injuries or disabilities) mand, shall conduct an analysis of alter- ernment of Pakistan) At the end of subtitle H of title X, add the natives for any gunship modernization re- following: quirements identified by the 2009 quadren- On page 475, between lines 2 and 3, insert the following: SEC. 1083. PILOT PROGRAM ON USE OF SERVICE nial defense review under section 118 of title DOGS FOR THE TREATMENT OR RE- 10, United States Code. The results of the SEC. 1211. CERTIFICATION REQUIREMENT FOR HABILITATION OF VETERANS WITH analysis of alternatives shall be provided to COALITION SUPPORT FUND REIM- PHYSICAL OR MENTAL INJURIES OR the congressional defense committees not BURSEMENTS. DISABILITIES. later than 18 months after the completion of Section 1232(b) of the National Defense Au- (a) FINDINGS.—Congress makes the fol- the 2009 quadrennial defense review. thorization Act for Fiscal Year 2008 (Public lowing findings: Law 110–181; 122 Stat. 392), as amended by (1) The United States owes a profound debt AMENDMENT NO. 1543 section 1217 of the Duncan Hunter National to those who have served the United States (Purpose: To authorize the service Secre- Defense Authorization Act for Fiscal Year honorably in the Armed Forces. taries to increase the end strength of the 2009 (Public Law 110–417; 122 Stat. 4634), is (2) Disabled veterans suffer from a range of Selected Reserve by two percent) amended— physical and mental injuries and disabilities. On page 100, between lines 2 and 3, insert (1) in paragraph (1)(A), by striking ‘‘the (3) In 2008, the Army reported the highest the following: Secretary of Defense shall submit’’ and in- level of suicides among its soldiers since it SEC. 417. AUTHORITY FOR SERVICE SECRETARY serting ‘‘the Secretary of Defense, after con- began tracking the rate 28 years before 2009. VARIANCES FOR SELECTED RE- sultation with the Secretary of State, shall (4) A scientific study documented in the SERVE END STRENGTHS. submit’’; and 2008 Rand Report entitled ‘‘Invisible Wounds Section 115(g) of title 10, United States (2) in paragraph (2)— of War’’ estimated that 300,000 veterans of Code, is amended to read as follows: (A) by redesignating subparagraphs (A), Operation Enduring Freedom and Operation ‘‘(g) AUTHORITY FOR SERVICE SECRETARY (B), and (C) as clauses (i), (ii), and (iii), re- Iraqi Freedom currently suffer from post- VARIANCES FOR ACTIVE-DUTY AND SELECTED spectively, and indenting each clause, as so traumatic stress disorder. RESERVE END STRENGTHS.—(1) Upon deter- redesignated, 6 ems from the left margin; (5) Veterans have benefitted in multiple mination by the Secretary of a military de- (B) by striking ‘‘shall include an itemized ways from the provision of service dogs. partment that such action would enhance description’’ and inserting the following: (6) The Department of Veterans Affairs has manning and readiness in essential units or ‘‘shall include the following: been successfully placing guide dogs with the in critical specialties or ratings, the Sec- ‘‘(A) An itemized description’’; and blind since 1961. retary may— (C) by adding at the end the following new (7) Thousands of dogs around the country ‘‘(A) increase the end strength authorized subparagraph: await adoption. pursuant to subsection (a)(1)(A) for a fiscal ‘‘(B) A certification that the reimburse- (b) PROGRAM REQUIRED.—Not later than 120 year for the armed force under the jurisdic- ment— days after the date of the enactment of this

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Act, the Secretary of Veterans Affairs shall AMENDMENT NO. 1521 safe, effective, and quality cognitive reha- commence a three-year pilot program to as- (Purpose: To enable State homes to furnish bilitative therapy services for members and sess the benefits, feasibility, and advisability nursing home care to parents any of whose former members of the Armed Forces de- of using service dogs for the treatment or re- children died while serving in the Armed scribed in subsection (b); and habilitation of veterans with physical or Forces) (2) making recommendations with respect to the effectiveness of cognitive rehabilita- mental injuries or disabilities, including At the end of subtitle H of title X, add the tive therapy services and the appropriate- post-traumatic stress disorder. following: SEC. 1083. EXPANSION OF STATE HOME CARE ness of including such services as a benefit (c) PARTNERSHIPS.— FOR PARENTS OF VETERANS WHO under the TRICARE program. (1) IN GENERAL.—The Secretary shall carry DIED WHILE SERVING IN ARMED (f) TRICARE PROGRAM DEFINED.—The term out the pilot program by partnering with FORCES. ‘‘TRICARE program’’ has the meaning given nonprofit organizations that— In administering section 51.210(d) of title that term in section 1072(7) of title 10, United (A) have experience providing service dogs 38, Code of Federal Regulations, the Sec- States Code. to individuals with injuries or disabilities; retary of Veterans Affairs shall permit a (g) FUNDING.—Of the amount authorized to (B) do not charge fees for the dogs, serv- State home to provide services to, in addi- be appropriated by section 1403 for the De- ices, or lodging that they provide; and tion to non-veterans described in such sub- fense Health Program, not more than section, a non-veteran any of whose children (C) are accredited by a generally accepted $5,000,000 may be available to carry out the died while serving in the Armed Forces. industry-standard accrediting institution. pilot program under this section. AMENDMENT NO. 1768 (2) REIMBURSEMENT OF COSTS.—The Sec- AMENDMENT NO. 1752 retary shall reimburse partners for costs re- (Purpose: To authorize the Secretary of De- (Purpose: To reduce the minimum distance lating to the pilot program as follows: fense to carry out a pilot program for pro- of travel necessary for reimbursement of (A) For the first 50 dogs provided under the viding cognitive rehabilitative therapy covered beneficiaries of the military pilot program, all costs relating to the provi- services under the TRICARE program) health care system for travel for specialty sion of such dogs. Strike section 731 and insert the following: health care and to provide an offset) (B) For dogs provided under the pilot pro- SEC. 731. PILOT PROGRAM FOR THE PROVISION At the end of subtitle B of title VII, insert gram after the first 50 dogs provided, all OF COGNITIVE REHABILITATIVE the following: THERAPY SERVICES UNDER THE costs relating to the provision of every other TRICARE PROGRAM. SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL FOR REIMBURSEMENT OF dog. (a) IN GENERAL.—Not later than 180 days COVERED BENEFICIARIES OF THE (d) PARTICIPATION.— after the date of the enactment of this Act, MILITARY HEALTH CARE SYSTEM (1) IN GENERAL.—As part of the pilot pro- the Secretary of Defense may, in consulta- FOR TRAVEL FOR SPECIALTY gram, the Secretary shall provide a service tion with the entities and officials referred HEALTH CARE. dog to a number of veterans with physical or to in subsection (d), carry out a pilot pro- (a) REDUCTION.—Section 1074i(a) of title 10, mental injuries or disabilities that is greater gram under the TRICARE program to deter- United States Code, is amended by striking than or equal to the greater of— mine the feasibility and advisability of ex- ‘‘100 miles’’ and inserting ‘‘50 miles’’. panding the availability of cognitive reha- (A) 200; and (b) EFFECTIVE DATE.—The amendment bilitative therapy services for members or (B) the minimum number of such veterans made by subsection (a) shall take effect on former members of the Armed Forces de- required to produce scientifically valid re- the date that is 90 days after the date of the scribed in subsection (b). enactment of this Act, and shall apply with sults with respect to assessing the benefits (b) COVERED MEMBERS AND FORMER MEM- and costs of the use of such dogs for the respect to referrals for specialty health care BERS.—A member or former member of the made on or after such effective date. treatment or rehabilitation of such veterans. Armed Forces is described in this subsection (c) OFFSET.—The amount authorized to be (2) COMPOSITION.—The Secretary shall en- if— appropriated by section 301(a)(5) for oper- sure that— (1) the member or former member— ation and maintenance for Defense-wide ac- (A) half of the participants in the pilot pro- (A) is otherwise eligible for medical care tivities is hereby decreased by $14,000,000, gram are veterans who suffer primarily from under the TRICARE program; with the amount of the decrease to be de- a mental health injury or disability; and (B) has been diagnosed with a moderate to rived from unobligated balances. (B) half of the participants in the pilot pro- severe traumatic brain injury incurred in the AMENDMENT NO. 1739, AS MODIFIED gram are veterans who suffer primarily from line of duty in Operation Iraqi Freedom or a physical injury or disability. Operation Enduring Freedom; At the end of subtitle H of title X, add the (C) is retired or separated from the Armed following: (e) STUDY.—In carrying out the pilot pro- Forces for disability under chapter 61 of title SEC. 1083. FEDERAL EMPLOYEES RETIREMENT gram, the Secretary shall conduct a scientif- 10, United States Code; and SYSTEM AGE AND RETIREMENT ically valid research study of the costs and (D) is referred by a qualified physician for TREATMENT FOR CERTAIN RETIR- benefits associated with the use of service cognitive rehabilitative therapy; and EES OF THE ARMED FORCES. dogs for the treatment or rehabilitation of (2) cognitive rehabilitative therapy is not (a) INCREASE IN MAXIMUM AGE LIMIT FOR POSITIONS SUBJECT TO FERS.— veterans with physical or mental injuries or reasonably available to the member or (1) LAW ENFORCEMENT OFFICERS AND FIRE- disabilities. The matters studied shall in- former member through the Department of FIGHTERS.—Section 3307(e) of title 5, United clude the following: Veterans Affairs. (c) ELEMENTS OF PILOT PROGRAM.—The States Code, is amended— (1) The therapeutic benefits to such vet- (A) by striking ‘‘(e) The’’ and inserting erans, including the quality of life benefits Secretary of Defense shall, in consultation with the entities and officials referred to in ‘‘(e)(1) Except as provided in paragraph (2), reported by the veterans partaking in the subsection (d), develop for inclusion in the the’’; and pilot program. pilot program the following: (B) by adding at the end the following: (2) The economic benefits of using service (1) Procedures for access to cognitive reha- ‘‘(2) The maximum age limit for an origi- dogs for the treatment or rehabilitation of bilitative therapy services. nal appointment to a position as a firefighter such veterans, including— (2) Qualifications and supervisory require- or law enforcement officer (as defined by sec- (A) savings on health care costs, including ments for licensed and certified health care tion 8401(14) or (17), respectively) shall be 47 savings relating to reductions in hospitaliza- professionals providing such services. years of age, in the case of an individual who tion and reductions in the use of prescription (3) A methodology for reimbursing pro- on the effective date of such appointment is drugs; and viders for such services. eligible to receive retired pay or retainer pay (B) productivity and employment gains for (d) ENTITIES AND OFFICIALS TO BE CON- for military service, or pension or compensa- the veterans. SULTED.—The entities and officials referred tion from the Department of Veterans Af- (3) The effectiveness of using service dogs to in this subsection are the following: fairs instead of such retired or retainer to prevent suicide. (1) The Secretary of Veterans Affairs. pay.’’. (2) The Defense Centers of Excellence for (2) OTHER POSITIONS.—The maximum age (f) REPORTS.— Psychological Health and Traumatic Brain limit for an original appointment to a posi- (1) ANNUAL REPORT OF THE SECRETARY.— Injury. tion as a member of the Capitol Police or Su- After each year of the pilot program, the (3) Relevant national organizations with preme Court Police, nuclear materials cou- Secretary shall submit to Congress a report experience in treating traumatic brain in- rier (as defined under section 8401(33) of title on the findings of the Secretary with respect jury. 5, United States Code), or customs and bor- to the pilot program. (e) REPORT.—Not later than 18 months der protection officer (as defined in section (2) FINAL REPORT BY THE NATIONAL ACADEMY after the date of the enactment of this Act, 8401(36) of title 5, United States Code) shall OF SCIENCES.—Not later than 180 days after the Secretary of Defense shall submit to the be 47 years of age, in the case of an indi- the date of the completion of the pilot pro- Committees on Armed Services of the Senate vidual who on the effective date of such ap- gram, the National Academy of Sciences and the House of Representatives a report— pointment is eligible to receive retired pay shall submit to Congress a report on the re- (1) evaluating the effectiveness of the pilot or retainer pay for military service, or pen- sults of the pilot program. program in providing increased access to sion or compensation from the Department

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of Veterans Affairs instead of such retired or AMENDMENT NO. 1735 (3) An assessment of plans for surveillance retainer pay. (Purpose: To express the sense of Congress and testing of nuclear weapons in the stock- (b) ELIGIBILITY FOR ANNUITY.—Section regarding the development of manned air- pile and the extent of the compliance with 8412(d) of title 5, United States Code, is borne irregular warfare platforms) such plans. amended— On page 435, between lines 14 and 15, insert (4) An assessment of— (1) in paragraph (1), by striking ‘‘or’’ at the the following: (A) the condition of the infrastructure at end; the plants and laboratories of the nuclear (2) in paragraph (2), by adding ‘‘or’’ at the SEC. 1083. SENSE OF CONGRESS ON MANNED AIR- BORNE IRREGULAR WARFARE PLAT- weapons complex; end; and FORMS. (B) the value of nuclear weapons facilities (3) by inserting after paragraph (2) the fol- It is the sense of Congress that the Sec- built after 1992; lowing: retary of Defense should, with regard to the (C) any plans that are in place to maintain, ‘‘(3) after becoming 57 years of age and development of manned airborne irregular improve, or replace such infrastructure; completing 10 years of service as a law en- warfare platforms, coordinate requirements (D) whether there is a validated require- forcement officer, member of the Capitol Po- for such weapons systems with the military ment for all planned infrastructure replace- lice or Supreme Court Police, firefighter, nu- services, including the reserve components. ment projects; and clear materials courier, customs or border (E) the projected costs for each such AMENDMENT NO. 1564 protection officer, or any combination of project and the timeline for completion of such service totaling 10 years, if such em- (Purpose: To enhance travel and transpor- each such project. ployee— tation benefits for survivors of deceased (5) An assessment of the efforts to ensure ‘‘(A) is originally appointed to a position members of the uniformed services for pur- and maintain the intellectual and technical as a law enforcement officer, member of the poses of attending memorial ceremonies) capability of the nuclear weapons complex to Capitol Police or Supreme Court Police, fire- At the end of subtitle C of title VI, add the support the nuclear weapons stockpile. fighter, nuclear materials courier, or cus- following: (6) Recommendations for the stockpile toms and border protection officer on or SEC. 635. TRAVEL AND TRANSPORTATION FOR stewardship program going forward. after the effective date of this paragraph SURVIVORS OF DECEASED MEM- (c) REPORT.—Not later than 270 days after under section 1083(e) of the National Defense BERS OF THE UNIFORMED SERVICES the date of the enactment of this Act, the Authorization Act for Fiscal Year 2010; TO ATTEND MEMORIAL CERE- Comptroller General shall submit to the con- ‘‘(B) on the date that original appointment MONIES. gressional defense committees a report con- met the requirements of section 3307(e)(2) of (a) ALLOWANCES AUTHORIZED.—Subsection taining the results of the study required by this title or section 1083(a)(2) of the National (a) of section 411f of title 37, United States subsection (a). Code, is amended— Defense Authorization Act for Fiscal Year AMENDMENT NO. 1774 2010. (1) by redesignating paragraph (2) as para- graph (3); and (Purpose: To extend the sunset for the Con- (c) MANDATORY SEPARATION.—Section 8425 gressional Commission on the Strategic of title 5, United States Code, is amended— (2) by inserting after paragraph (1) the fol- lowing new paragraph (2): Posture of the United States and to require (1) in subsection (b)(1), in the first sen- an additional report) tence, by inserting ‘‘, except that a law en- ‘‘(2) The Secretary concerned may provide forcement officer, firefighter, nuclear mate- round trip travel and transportation allow- At the end of subtitle H of title X, add the rials courier, or customs and border protec- ances to eligible relatives of a member of the following: tion officer eligible for retirement under uniformed services who dies while on active SEC. 1083. EXTENSION OF SUNSET FOR CONGRES- 8412(d)(3) shall be separated from service on duty in order that the eligible relatives may SIONAL COMMISSION ON THE STRA- attend a memorial service for the deceased TEGIC POSTURE OF THE UNITED the last day of the month in which that em- STATES. member that occurs at a location other than ployee becomes 57 years of age’’ before the (a) FINDINGS.—Congress makes the fol- period; the location of the burial ceremony for lowing findings: (2) in subsection (c), in the first sentence, which travel and transportation allowances (1) Congress is grateful for the service and by inserting ‘‘, except that a member of the are provided under paragraph (1). Travel and leadership of the members of the bipartisan Capitol Police eligible for retirement under transportation allowances may be provided Congressional Commission on the Strategic 8412(d)(3) shall be separated from service on under this paragraph for travel of eligible Posture of the United States, who, pursuant the last day of the month in which that em- relatives to only one memorial service for to section 1062 of the National Defense Au- ployee becomes 57 years of age’’ before the the deceased member concerned.’’. thorization Act for Fiscal Year 2008 (Public (b) CONFORMING AMENDMENTS.—Subsection period; and Law 110–181; 122 Stat. 319), spent more than (c) of such section is amended— (3) in subsection (d), in the first sentence, one year examining the strategic posture of (1) by striking ‘‘subsection (a)(1)’’ the first by inserting ‘‘, except that a member of the the United States in all of its aspects: deter- place it appears and inserting ‘‘paragraphs Supreme Court Police eligible for retirement rence strategy, missile defense, arms control (1) and (2) of subsection (a)’’; and under 8412(d)(3) shall be separated from serv- initiatives, and nonproliferation strategies. (2) by striking ‘‘subsection (a)(1)’’ the sec- ice on the last day of the month in which (2) The Commission, comprised of some of that employee becomes 57 years of age’’ be- ond place it appears and inserting ‘‘para- the most preeminent scholars and technical fore the period. graph (1) or (2) of subsection (a)’’. experts in the United States in the subject (d) COMPUTATION OF BASIC ANNUITY.—Sec- AMENDMENT NO. 1773 matter, found a bipartisan consensus on tion 8415(d) of title 5, United States Code, is (Purpose: To require the Comptroller Gen- amended— these issues in its Final Report made public eral to conduct a study on the stockpile on May 6, 2009. (1) in paragraph (1), by striking ‘‘total stewardship program) service as’’ and inserting ‘‘civilian service as (3) Congress appreciates the service of a law enforcement officer, member of the At the end of subtitle C of title XXXI, add former Secretary of Defense William Perry, Capitol Police or Supreme Court Police, fire- the following: former Secretary of Defense and Energy fighter, nuclear materials courier, customs SEC. 3136. COMPTROLLER GENERAL STUDY OF James Schlesinger, former Senator John and border protection officer, or air traffic STOCKPILE STEWARDSHIP PRO- Glenn, former Congressman Lee Hamilton, GRAM. controller that, in the aggregate,’’; and Ambassador James Woolsey, Doctors John (a) IN GENERAL.—The Comptroller General (2) in paragraph (2), by striking ‘‘so much Foster, Fred Ikle, Keith Payne, Morton of the United States shall conduct a study of Halperin, Ellen Williams, Bruce Tarter, and of such individual’s total service as exceeds the stockpile stewardship program estab- 20 years’’ and inserting ‘‘the remainder of Harry Cartland, and the United States Insti- lished under section 4201 of the Atomic En- tute of Peace. such individual’s total service’’. ergy Defense Act (50 U.S.C. 2521) to deter- (e) EFFECTIVE DATE.—This section (includ- (4) Congress values the work of the Com- mine if the program was functioning, as of ing the amendments made by this section) mission and pledges to work with President shall take effect 60 days after the date of the December 2008, as envisioned when the pro- Barack Obama to address the findings and enactment of this Act and shall apply to ap- gram was established. review and consider the recommendations of (b) ELEMENTS.—The study required by sub- pointments made on or after that effective the Commission. section (a) shall include the following: date. (b) EXTENSION OF SUNSET.—Section 1062 of (1) An assessment of whether the capabili- the National Defense Authorization Act for AMENDMENT NO. 1775 ties determined to be necessary to maintain Fiscal Year 2008 (Public Law 110–181; 122 (Purpose: To support freedom of the press, the nuclear weapons stockpile without nu- Stat. 319) is amended— freedom of speech, freedom of expression, clear testing have been implemented and the (1) by redesignating subsections (f) and (g) and freedom of assembly in Iran, to sup- extent to which such capabilities are func- as subsections (g) and (h), respectively; port the Iranian people as they seek, re- tioning. (2) in subsection (h), as redesignated by ceive, and impart information and promote (2) A review and description of the agree- paragraph (1), by striking ‘‘September 30, ideas in writing, in print, or through any ments governing use, management, and sup- 2009’’ and inserting ‘‘September 30, 2010’’; and media without interference, and for other port of the capabilities developed for the (3) by inserting after subsection (e) the fol- purposes) stockpile stewardship program and an as- lowing new subsection: (The amendment is printed in today’s sessment of enforcement of, and compliance ‘‘(f) FOLLOW-ON REPORT.—Following sub- RECORD under ‘‘Text of Amendments.’’) with, those agreements. mittal of the report required in subsection

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(Purpose: To express the sense of Congress gress that, in establishing the procedures de- (B) In the case of any other member of a on continued support by the United States scribed by subsection (a), the Secretary of reserve component of the Armed Forces re- for a stable and democratic Republic of Defense, the Secretary of Homeland Secu- turning from deployment, by not later than Iraq) rity, the Secretary of Health and Human the member’s release from active duty fol- At the end of subtitle C of title XII, add Services, and the Secretary of Commerce lowing such deployment. the following: should consider life events of members of the (2) An assessment of the feasibility of re- SEC. 1232. SENSE OF CONGRESS ON CONTINUED uniformed services that are unique to them quiring that Post-Deployment Health As- SUPPORT BY THE UNITED STATES as members of the uniformed services, in- sessments described under paragraph (1) be FOR A STABLE AND DEMOCRATIC cluding changes relating to permanent performed by a practitioner trained and cer- REPUBLIC OF IRAQ. changes of duty station and deployments to tified as qualified to participate in the per- (a) FINDINGS.—Congress makes the fol- overseas contingency operations. formance of Post-Deployment Health Assess- lowing findings: AMENDMENT NO. 1780 ments or Post-Deployment Health Reassess- (1) The men and women of the United (Purpose: To require a report on the Yellow ments. States Armed Forces who have served or are (3) A description of— serving in the Republic of Iraq have done so Ribbon Reintegration Program and plans for further implementation) (A) the availability of personnel described with the utmost bravery and courage and de- under paragraph (2) to perform assessments serve the respect and gratitude of the people On page 161, after line 23, insert the fol- described under this subsection at the home of the United States and the people of Iraq. lowing: stations or counties of residence of members (2) The leadership of Generals David SEC. 557. REPORT ON YELLOW RIBBON RE- of the reserve components of the Armed Petraeus and Raymond Odierno, as the Com- INTEGRATION PROGRAM. Forces; and manders of the Multi-National Force Iraq, as (a) REPORT REQUIRED.—Not later than 180 (B) if such personnel are not available at well as Ambassador Ryan Crocker, was in- days after the date of the enactment of this such locations, the additional resources nec- strumental in bringing stability and success Act, the Secretary of Defense shall submit to essary to ensure such availability within one to Iraq. the congressional defense committees a re- year after the date of the enactment of this (3) The strategy known as the surge was a port on the various reintegration programs Act. critical factor contributing to significant se- being administered in support of National curity gains and facilitated the economic, Guard and Reserve members and their fami- AMENDMENT NO. 1779 political, and social gains that have occurred lies. (Purpose: To provide for the notification of in Iraq since 2007. (b) ELEMENTS.—The report required by sub- certain individuals regarding options for (4) The people of Iraq have begun to de- section (a) shall include the following: enrollment under Medicare part B) velop a stable government and stable society (1) An evaluation of the initial implemen- On page 213, between lines 14 and 15, insert because of the security gains following the tation of the Yellow Ribbon Reintegration the following: surge and the willingness of the people of Program in fiscal year 2009, including an as- SEC. 706. NOTIFICATION OF CERTAIN INDIVID- Iraq to accept the ideals of a free and fair sessment of the best practices from pilot pro- UALS REGARDING OPTIONS FOR EN- democratic society over the tyranny es- grams offered by various States to provide ROLLMENT UNDER MEDICARE PART poused by Al Qaeda and other terrorist orga- supplemental services to Yellow Ribbon and B. nizations. the feasibility of incorporating those prac- Chapter 55 of title 10, United States Code, (5) The security gains in Iraq must be care- tices into Yellow Ribbon. is amended by adding at the end the fol- fully maintained so that those fragile gains (2) An assessment of the extent to which lowing new section: can be solidified and expanded upon, pri- Yellow Ribbon funding, although requested ‘‘SEC. 1111. NOTIFICATION OF CERTAIN INDIVID- marily by citizens of Iraq in service to their in multiple component accounts, supports UALS REGARDING OPTIONS FOR EN- country, with the support of the United robust joint programs that provide re- ROLLMENT UNDER MEDICARE PART States as appropriate. integration and support services to National B. (b) SENSE OF CONGRESS.—It is the sense of Guard and Reserve members and their fami- ‘‘(a) IN GENERAL.—The Secretary of De- Congress that— lies regardless of military affiliation. fense shall establish procedures for identi- (1) a stable and democratic Republic of (3) An assessment of the extent to which fying individuals described in subsection (b). Iraq is in the long-term national security in- Yellow Ribbon programs are coordinating The Secretary of Defense shall immediately terest of the United States; closely with the Department of Veterans Af- notify individuals identified under the pre- (2) the people and the Government of the fairs and its various veterans’ programs. ceding sentence that they are no longer eli- United States should help the people of Iraq (4) Plans for further implementation of the gible for health care benefits under the promote the stability of their country and Yellow Ribbon Reintegration Program in fis- TRICARE program under chapter 55 of title peace in the region; and cal year 2010. 10, United States Code, and of any options available for enrollment of the individual (3) the United States should be a long-term AMENDMENT NO. 1782 strategic partner with the Government and under part B of title XVIII of the Social Se- (Purpose: To require a report on the feasi- the people of Iraq in support of their efforts curity Act (42 U.S.C. 1395j et seq.). The Sec- bility of requiring post-deployment health to build democracy, good governance, and retary of Defense shall consult with the Sec- assessments of Guard and Reserve mem- peace and stability in the region. retary of Health and Human Services to ac- bers deployed in connection with contin- curately identify and notify individuals de- AMENDMENT NO. 1788 gency operations at their home stations or scribed in subsection (b) under this sub- (Purpose: To express the sense of Congress counties of residence) section. that flexible spending arrangements should On page 220, between lines 4 and 5, insert ‘‘(b) INDIVIDUALS DESCRIBED.—An indi- be established for members of the uni- the following: vidual described in this subsection is an indi- formed services) SEC. 713. REPORT ON POST-DEPLOYMENT vidual who is a covered beneficiary (as de- At the end of subtitle D of title VI, add the HEALTH ASSESSMENTS OF GUARD fined in section 1072(5) of title 10, United following: AND RESERVE MEMBERS. States Code) at the time the individual is en- SEC. 652. SENSE OF CONGRESS ON ESTABLISH- (a) REPORT REQUIRED.—Not later than titled to part A of title XVIII of the Social MENT OF FLEXIBLE SPENDING AR- March 1, 2010, the Secretary of Defense shall Security Act under section 226(b) or section RANGEMENTS FOR THE UNIFORMED submit to the congressional defense commit- 226A of such Act (42 U.S.C. 426(b) and 426–1) SERVICES. tees a report on post-deployment health as- and who is eligible to enroll but who has (a) IN GENERAL.—It is the sense of Congress sessments of Guard and Reserve members. elected not to enroll (or to be deemed en- that, the Secretary of Defense, with respect (b) ELEMENTS.—The report required under rolled) during the individual’s initial enroll- to members of the Army, Navy, Marine subsection (a) shall include the following: ment period under part B of such title.’’. Corps, and Air Force, the Secretary of Home- (1) An assessment of the feasibility of ad- AMENDMENT NO. 1785 land Security, with respect to members of ministering a Post-Deployment Health As- the Coast Guard, the Secretary of Health and sessment (PDHA) to each member of a re- (Purpose: To require a report on the defense Human Services, with respect to commis- serve component of the Armed Forces re- modeling and simulation industrial base) sioned officers of the Public Health Service, turning to the member’s home station from On page 429, between lines 8 and 9, insert and the Secretary of Commerce, with respect deployment in connection with a contin- the following: to commissioned officers of the National gency operation at such home station or in SEC. 1073. REPORT ON MODELING AND SIMULA- Oceanic and Atmospheric Administration, the county of residence of the member with- TION ACTIVITIES OF UNITED STATES should establish procedures to implement in the following timeframes: JOINT FORCES COMMAND. flexible spending arrangements with respect (A) In the case of a member of the Indi- (a) REPORT REQUIRED.—Not later than 180 to basic pay and compensation, for health vidual Ready Reserve, an assessment admin- days after the date of the enactment of this

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Act, the Secretary of Defense, working (C) Two by the ranking member of the AMENDMENT NO. 1727 through the Director for Defense Research Committee on Armed Services of the House (Purpose: To require the report on the global and Engineering, the Assistant Secretary of of Representatives. defense posture realignment to include in- Defense for Manufacturing and Industrial (D) Two by the ranking member of the formation relating to the effect of the Base, and the Commander of the United Committee on Armed Services of the Senate. comprehensive master plans for overseas States Joint Forces Command, shall submit (2) PERIOD OF APPOINTMENT; VACANCIES.— military main operating bases, forward op- to the congressional defense committees a Any vacancy in an appointment to the Panel erating sites, and cooperative security lo- report that describes current and planned ef- under paragraph (1) shall be filled in the cations on United states security commit- forts to support and enhance the defense same manner as the original appointment. ments under international security trea- modeling and simulation technological and (d) ADDITIONAL DUTIES OF PANEL FOR 2009 ties and the current security environments industrial base, including in academia, in- QDR.—In addition to the duties of the Panel in the combatant commands) dustry, and government. under section 118(f) of title 10, United States (b) ELEMENTS.—The report required under On page 549, strike line 9 and all that fol- subsection (a) shall include the following: Code, the Panel shall, with respect to the lows through ‘‘any comments resulting’’ on (1) An assessment of the current and future 2009 QDR— line 16 and insert the following: ‘‘congres- domestic defense modeling and simulation (1) conduct an independent assessment of a sional defense committees and the Com- technological and industrial base and its variety of possible force structures of the mittee on Foreign relations of the Senate ability to meet current and future defense Armed Forces, including the force structure and the Committee on Foreign Affairs of the requirements. identified in the report of the 2009 QDR; and House of Representatives a report on the sta- (2) A description of current and planned (2) make any recommendations it con- tus of overseas base closure and realignment programs and activities of the Department of siders appropriate for consideration. actions undertaken as part of a global de- Defense to enhance the ability of the domes- (e) REPORT OF SECRETARY OF DEFENSE.— fense posture realignment strategy and the tic defense modeling and simulation indus- Not later than 30 days after the Panel sub- status of development and execution of com- trial base to meet current and future defense mits its report with respect to the 2009 QDR prehensive master plans for overseas mili- requirements. under section 118(f)(2) of title 10, United tary main operating bases, forward operating (3) A description of current and planned sites, and cooperative security locations. States Code, the Secretary of Defense, after Department of Defense activities in coopera- The report shall address the following: tion with Federal, State, and local govern- consultation with the Chairman of the Joint (1) How the plans would support the secu- ment organizations that promote the en- Chiefs of Staff, shall submit to the congres- rity commitments undertaken by the United hancement of the ability of the domestic de- sional defense committees any comments of States pursuant to any international secu- fense modeling and simulation industrial the Secretary on the report of the Panel. rity treaty, including, the North Atlantic base to meet current and future defense re- (f) TERMINATION.—The provisions of this Treaty, The Treaty of Mutual Cooperation quirements. section shall terminate on the day that is 45 and Security between the United States and (4) A comparative assessment of current Japan, and the Security Treaty Between days after the date on which the Panel sub- and future global modeling and simulation Australia, New Zealand, and the United mits its report with respect to the 2009 QDR capabilities relative to those of the United States of America. States in areas related to defense applica- under section 118(f)(2) of title 10, United (2) The impact of such plans on the current tions of modeling and simulation. States Code. security environments in the combatant (5) An identification of additional authori- AMENDMENT NO. 1803 commands, including United States partici- ties or resources related to technology trans- pation in theater security cooperation ac- fer, establishment of public-private partner- (Purpose: To require the Secretary of the tivities and bilateral partnership, exchanges, ships, coordination with regional, State, or Army to conduct a comparative evaluation and training exercises. local initiatives, or other activities that of extended range modular sniper rifle sys- (3) Any comments of the Secretary of De- would be required to enhance efforts to sup- tems) fense resulting port the domestic defense modeling and sim- AMENDMENT NO. 1706 ulation industrial base. Add the end of subtitle D of title II, add (6) Other matters as determined appro- the following: (Purpose: To require the Secretary of De- priate by the Secretary. SEC. 252. EVALUATION OF EXTENDED RANGE fense and the Secretary of Transportation AMENDMENT NO. 1806 MODULAR SNIPER RIFLE SYSTEMS. to develop a plan for providing access to (Purpose: To include additional members and the national airspace for unmanned air- (a) IN GENERAL.—Not later than March 31, craft) additional duties for the independent panel 2010, the Assistant Secretary of the Army for assessing the 2009 quadrennial defense re- Acquisition, Logistics, and Technology shall At the end of subtitle D of title IX, add the view) following: conduct a comparative evaluation of ex- At the end subtitle H of title X, add the tended range modular sniper rifle systems, SEC. 933. PLAN ON ACCESS TO NATIONAL AIR- following: including .300 Winchester Magnum, .338 SPACE FOR UNMANNED AIRCRAFT. SEC. 1083. ADDITIONAL MEMBERS AND DUTIES (a) IN GENERAL.—The Secretary of Defense FOR INDEPENDENT PANEL TO AS- Lapua Magnum, and other calibers. The eval- SESS THE QUADRENNIAL DEFENSE uation shall identify and demonstrate an in- and the Secretary of Transportation shall, REVIEW. tegrated suite of technologies capable of— after consultation with the Secretary of (a) FINDING.—Congress understands that (1) extending the effective range of snipers; Homeland Security, jointly develop a plan the independent panel appointed by the Sec- (2) meeting service or unit requirements or for providing access to the national airspace retary of Defense pursuant to section 118(f) operational need statements; or for unmanned aircraft of the Department of of title 10, United States Code, will be com- (3) closing documented capability gaps. Defense. prised of twelve members equally divided on (b) ELEMENTS.—The plan required by sub- (b) FUNDING.—The Assistant Secretary of a bipartisan basis. section (a) shall include the following: the Army for Acquisition, Logistics, and (b) SENSE OF CONGRESS ON INDEPENDENT (1) A description of how the Department of PANEL.—It is the sense of Congress that the Technology shall conduct the evaluation re- Defense and the Department of Transpor- independent panel appointed by the Sec- quired by subsection (a) using amounts ap- tation will communicate and cooperate, at retary of Defense pursuant to section 118(f) propriated for fiscal year 2009 for extended the executive, management, and action lev- of title 10, United States Code, should be range modular sniper rifle system research els, to provide access to the national air- comprised of members equally divided on a (PE # 0604802A) that are unobligated. space for unmanned aircraft of the Depart- bipartisan basis. ment of Defense. (c) REPORT.—Not later than April 30, 2010, (c) ADDITIONAL MEMBERS.— (2) Specific milestones, aligned to oper- the Assistant Secretary of the Army for Ac- (1) IN GENERAL.—For purposes of con- ational and training needs, for providing ac- ducting the assessment of the 2009 quadren- quisition, Logistics, and Technology shall cess to the national airspace for unmanned nial defense review under section 118 of title submit to the Committee on Armed Services aircraft and a transition plan for sites pro- 10, United States Code (in this section re- of the Senate and the Committee on Armed grammed to be activated as unmanned aerial ferred to as the ‘‘2009 QDR’’), the inde- Services of the House of Representatives a system sites during fiscal years 2010 through pendent panel established under subsection report containing the results of the evalua- 2015. (f) of such section (in this section referred to tion required by subsection (a), including— (3) Recommendations for policies with re- as the ‘‘Panel’’) shall include eight addi- (1) detailed ballistics and system perform- spect to use of the national airspace, flight tional members to be appointed as follows: ance data; and standards, and operating procedures that (A) Two by the chairman of the Committee (2) an assessment of the operational capa- should be implemented by the Department of on Armed Services of the House of Rep- bilities of extended range modular sniper Defense and the Department of Transpor- resentatives. rifle systems to meet service or unit require- tation to accommodate unmanned aircraft (B) Two by the chairman of the Committee ments or operational need statements or assigned to any State or territory of the on Armed Services of the Senate. close documented capabilities gaps. United States.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8016 CONGRESSIONAL RECORD — SENATE July 23, 2009 (4) An identification of resources required ing ‘‘and the Director of the Joint Staff of SEC. 838. SMALL BUSINESS CONTRACTING PRO- by the Department of Defense and the De- the National Guard Bureau’’ and inserting ‘‘, GRAMS PARITY. partment of Transportation to execute the the Vice Chief of the National Guard Bureau, Section 31(b)(2)(B) of the Small Business plan. and the Director of the Joint Staff of the Na- Act (15 U.S.C. 657a(b)(2)(B)) is amended by (c) REPORT.—Not later than 180 days after tional Guard Bureau’’. striking ‘‘shall’’ and inserting ‘‘may’’. the date of the enactment of this Act, the AMENDMENT NO. 1799 AMENDMENT NO. 1688 Secretary of Defense and the Secretary of (Purpose: To create parity among small busi- Transportation shall submit to the congres- (Purpose: To require the Department of De- fense to improve access to mental health ness contracting programs, and for other sional defense committees, the Committee purposes) on Commerce, Science, and Transportation care for family members of members of the of the Senate, and the Committee on Trans- National Guard and Reserve who are de- At the end of subtitle H of title X, add the portation and Infrastructure of the House of ployed overseas) following: Representatives a report containing the plan In lieu of the matter proposed to be in- SEC. 1083. CONTRACTING IMPROVEMENTS. required by subsection (a). serted, insert the following: (a) DEFINITIONS.—In this section— (1) the terms ‘‘Administration’’ and ‘‘Ad- AMENDMENT NO. 1749, AS MODIFIED SEC. 557. IMPROVED ACCESS TO MENTAL ministrator’’ mean the Small Business Ad- HEALTH CARE FOR FAMILY MEM- At the end of subtitle A of title IX, add the ministration and the Administrator thereof, following: BERS OF MEMBERS OF THE NA- TIONAL GUARD AND RESERVE WHO respectively; and SEC. 904. REESTABLISHMENT OF POSITION OF ARE DEPLOYED OVERSEAS. (2) the terms ‘‘HUBZone small business VICE CHIEF OF THE NATIONAL concern’’, ‘‘small business concern’’, ‘‘small GUARD BUREAU. (a) INITIATIVE TO INCREASE ACCESS TO MEN- business concern owned and controlled by (a) REESTABLISHMENT OF POSITION.— TAL HEALTH CARE.— service-disabled veterans’’, and ‘‘small busi- (1) IN GENERAL.—Chapter 1011 of title 10, (1) IN GENERAL.—The Secretary of Defense ness concern owned and controlled by United States Code, is amended— shall develop and implement a plan to ex- women’’ have the same meanings as in sec- (A) by redesignating section 10505 as sec- pand existing initiatives of the Department tion 3 of the Small Business Act (15 U.S.C. tion 10505a; and of Defense to increase access to mental 632). (B) by inserting after section 10504 the fol- health care for family members of members (b) CONTRACTING OPPORTUNITIES.—Section lowing new section 10505: of the National Guard and Reserve deployed overseas during the periods of mobilization, 31(b)(2)(B) of the Small Business Act (15 ‘‘§ 10505. Vice Chief of the National Guard Bu- U.S.C. 657a(b)(2)(B)) is amended by striking reau deployment, and demobilization of such members of the National Guard and Reserve. ‘‘shall’’ and inserting ‘‘may’’. ‘‘(a) APPOINTMENT.—(1) There is a Vice (c) CONTRACTING GOALS.—Section 15(g)(1) of (2) ELEMENTS.—The plan required by para- Chief of the National Guard Bureau, selected graph (1) shall include the following: the Small Business Act (15 U.S.C. 644(g)(1)) is by the Secretary of Defense from officers of (A) Programs and activities to educate amended in the fourth sentence by inserting the Army National Guard of the United family members of members of the National ‘‘and subcontract’’ after ‘‘not less than 3 per- States or the Air National Guard of the Guard and Reserve who are deployed over- cent of the total value of all prime con- United States who— seas on potential mental health challenges tract’’. ‘‘(A) are recommended for such appoint- connected with such deployment. (d) MENTOR-PROTEGE PROGRAMS.—The Ad- ment by their respective Governors or, in the (B) Programs and activities to provide ministrator may establish mentor-protege case of the District of Columbia, the com- such family members with complete infor- programs for small business concerns owned manding general of the District of Columbia mation on all mental health resources avail- and controlled by service-disabled veterans, National Guard; able to such family members through the De- small business concerns owned and con- ‘‘(B) have had at least 10 years of federally partment of Defense and otherwise. trolled by women, and HUBZone small busi- recognized service in an active status in the (C) Efforts to expand counseling activities ness concerns modeled on the mentor-pro- National Guard; and for such family members in local commu- tege program of the Administration for ‘‘(C) are in a grade above the grade of colo- nities. small business concerns participating in pro- nel. grams under section 8(a) of the Small Busi- (b) REPORTS.— ‘‘(2) The Chief and Vice Chief of the Na- ness Act (15 U.S.C. 637(a)). tional Guard Bureau may not both be mem- (1) IN GENERAL.—Not later than 180 days AMENDMENT NO. 1765 bers of the Army or of the Air Force. after the date of the enactment of this Act, ‘‘(3)(A) Except as provided in subparagraph and at such times thereafter as the Sec- (Purpose: To require a report on the re- (B), an officer appointed as Vice Chief of the retary of Defense considers appropriate, the engining of E–8C Joint Surveillance and National Guard Bureau serves for a term of Secretary of Defense shall submit to the Target Attack Radar System (Joint four years, but may be removed from office Committees on Armed Services of the Senate STARS) aircraft) at any time for cause. and the House of Representatives a report on At the end of subtitle C of title I, add the ‘‘(B) The term of the Vice Chief of the Na- this section. following: tional Guard Bureau shall end within a rea- (2) ELEMENTS.—Each report shall include SEC. 125. REPORT ON E-8C JOINT SURVEILLANCE sonable time (as determined by the Sec- the following: AND TARGET ATTACK RADAR SYS- retary of Defense) following the appointment (A) A current assessment of the extent to TEM RE-ENGINING. of a Chief of the National Guard Bureau who which family members of members of the (a) IN GENERAL.—Not later than 60 days is a member of the same armed force as the National Guard and Reserve who are de- after the date of the enactment of this Act, Vice Chief. ployed overseas have access to, and are uti- the Secretary of the Air Force shall submit ‘‘(b) DUTIES.—The Vice Chief of the Na- lizing, mental health care available under to the congressional defense committees a tional Guard Bureau performs such duties as this section. report on replacing the engines of E-8C Joint may be prescribed by the Chief of the Na- (B) A current assessment of the quality of Surveillance and Target Attack Radar Sys- tional Guard Bureau. mental health care being provided to family tem (Joint STARS) aircraft. The report shall ‘‘(c) GRADE.—The Vice Chief of the Na- members of members of the National Guard include the following: tional Guard Bureau shall be appointed to and Reserve who are deployed overseas, and (1) An assessment of funding alternatives serve in a grade decided by the Secretary of an assessment of expanding coverage for and options for accelerating funding for the Defense. mental health care services under the fielding of Joint STARS aircraft with re- ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When TRICARE program to mental health care placed engines. there is a vacancy in the office of the Chief services provided at facilities currently out- (2) An analysis of the tradeoffs involved in of the National Guard Bureau or in the ab- side the network of the TRICARE program. the decision to replace the engines of Joint sence or disability of the Chief, the Vice (C) Such recommendations for legislative STARS aircraft or not to replace those en- Chief of the National Guard Bureau acts as or administration action as the Secretary gines, including the potential cost savings Chief and performs the duties of the Chief considers appropriate in order to further as- from replacing those engines and the oper- until a successor is appointed or the absence sure full access to mental health care by ational impacts of not replacing those en- of disability ceases.’’. family members of members of the National gines. (2) CLERICAL AMENDMENT.—The table of Guard and Reserve who are deployed over- (3) An identification of the optimum path sections at the beginning of chapter 1011 of seas during the mobilization, deployment, forward for replacing the engines of Joint such title is amended by striking the item and demobilization of such members of the STARS aircraft and modernizing the Joint relating to section 10505 and inserting the National Guard and Reserve. STARS fleet. following new items: AMENDMENT NO. 1620 (b) LIMITATION ON CERTAIN ACTIONS.—The ‘‘10505. Vice Chief of the National Guard Bu- Secretary of the Air Force may not take any (Purpose: To amend the Small Business Act reau. action that would adversely impact the pace ‘‘10505a. Director of the Joint Staff of the Na- to create parity among certain small busi- of the execution of the program to replace tional Guard Bureau.’’. ness contracting programs) the engines of Joint STARS aircraft before (b) CONFORMING AMENDMENT.—Section At the end of subtitle D of title VIII, add submitting the report required by subsection 10506(a)(1) of such title is amended by strik- the following: (a).

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8017 Mr. MCCAIN. Mr. President, I move couple of years ago is that we need to our Nation’s support system for our to reconsider the vote. be able to keep our best and brightest National Guard and Reserve members Mr. LEVIN. I move to lay that mo- in the nuclear force. Working with and their families. The amendment re- tion on the table. America’s nuclear arsenal is one of the quires evaluating the Yellow Ribbon The motion to lay on the table was most demanding jobs in the Air Force. Reintegration Program, and identi- agreed to. It takes special people with unique fying programs that will make the pro- AMENDMENT NO. 1759 skills to maintain and safeguard our gram truly comprehensive. Mr. CONRAD. Mr. President, I would nation’s most powerful weapons. That Today, our military and our country like to speak today about an amend- is why the Air Force has stated that have come to rely heavily on the men ment I have offered to the National De- one of its biggest priorities is reinvigo- and women of our National Guard and fense Authorization Act, No. 1759, to rating the nuclear mission. Reserves to protect our national secu- provide $16.8 million in funding for the In recent months, I have heard from rity. More and more, these citizen-sol- research and development of a program a number of senior Air Force leaders diers and their families have gone called ‘‘1760 in the Bay,’’ which will working in the nuclear mission that in- above and beyond the call of duty to allow for our B–52 fleet to carry GPS- terest among airmen in the nuclear ca- serve our country’s interests, engaging guided ‘‘smart weapons’’ internally in reer field is very high, in part due to in multiple deployments in dangerous the bomb bay. sustained leadership attention to the regions all over the world. Since 9/11, Currently, the B–52 can only carry nuclear force. Right now, the best and we have seen this increasing reliance these important weapons externally, the brightest are flocking to this ca- on our Guard and Reserves in States on its wing pylons. Giving the B–52 this reer field. However, I remain concerned throughout the country. New Hamp- expanded capability would allow for an about the long-term outlook of this im- shire is no exception. Thousands of increase in the aircraft’s overall bomb- portant area of work. I want to be sure Guardsmen and women have already load capacity, or for an increase in its that interest in the field will not wane deployed overseas into combat areas. fuel efficiency and range by using an if the Air Force’s top priority shifts to And more than 1,100 members of the internal-only weapons load. other issues. 197th Fires Brigade were recently noti- As early as 1993, the Air Force docu- There is absolutely no doubt that fied that they will be deployed to the mented the requirement for internal leadership at every level of the Air Middle East sometime in the next year. carriage of precision-guided munitions Force understands that our nuclear This will represent the single largest in its B–52H Conventional Upgrade weapons are one of our Nation’s most deployment in New Hampshire’s his- Operational Requirements Document. critical assets. By deterring America’s tory. Although our Guardsmen and Re- The Air Force reaffirmed its belief in enemies, assuring our allies, and dis- servists show unwavering passion and the need for this requirement in 2005, suading potential future adversaries, courage no matter their assignment, and Congress continued to fund the our nuclear personnel are at war every these men and women and their fami- program in 2006 and 2007. The program single day. This is the message of Air lies did not sign up for this high num- is on the Air Force’s fiscal year 2010 Force and Department of Defense lead- ber of dangerous deployments. It is our unfunded priorities list. ership, and it is the message of the responsibility to make sure service- My amendment would provide $16.8 members and their families receive the million in R&D funding to complete re- Senate and the Congress. But it is not enough for our airmen to simply hear proper services before, during and after quired hardware and software develop- deployment so that they can return to ment and testing for an electrical up- that message. They must be given evi- dence to demonstrate that it is more their normal lives. grade to ‘‘military standard 1760,’’ The Yellow Ribbon Reintegration than words. which provides a common electrical Program provides important support and digital interface between weapons Few needs are more critical than the ongoing effort to determine the best services to Guard and Reserve members and aircraft. The MIL–STD–1760 con- through informational events and ac- necter is used to transfer guidance in- ways to make the systemic change nec- essary to ensure that every airman tivities throughout the predeployment formation to weapons including the and deployment phases, as well as after working on the nuclear mission be- GBU–32 JDAM, the AGM–154, and the 30, 60, and 90 days upon their return. lieves each and every day that his job CBU–103, CBU–104, and CBU–105. This However, these programs—often held in is critical to the strength and security technology upgrade will also make it an impersonal group setting—are not of the United States. The standup of easier to add WCMD, JSOW, and enough. JASSM weapons to the B–52 in the fu- the Strategic Deterrence and Nuclear The National Guard in New Hamp- ture. Integration Office on the Air Staff and shire came to realize that, despite their This is exactly the kind of invest- the new Global Strike Command major best efforts, many of those who de- ment we need to be making in the B–52, command are important steps. But ployed continued to fall through the an aircraft that is indispensable to steps must also be taken to make sure cracks upon their return. They realized maintaining an effective bomber force. that the message is understood at that they needed a more intensive, It is unmatched in its range and pay- every level, even to the youngest cadet. more personal, professional, and per- load ability. It is the most cost-effec- I believe it is necessary to examine sistent program which catered to indi- tive and reliable component of our Na- what incentives could or should be vidual family needs. The New Hamp- tion’s bomber force. It is a plane that built into the system in order to ensure shire National Guard developed a pilot we are going to be using more than 30 that we continue to be able to recruit, program to provide each National years from now. It is truly the ‘‘best retain, and develop highly trained and Guard and Reservist a professional bomb truck for the buck.’’ Particularly motivated nuclear personnel. That is ‘‘care coordinator’’ who is responsible in light of the decision by the Presi- why I have introduced this amendment for the kind of personal attention and dent and Secretary Gates to delay pro- to ask the Air Force to provide a re- support that is required to identify and curement of the next-generation bomb- port on the steps it has taken to im- support those who are struggling. er, it is critical that we continue to prove recruiting and retention and to Though the names have been outfit each B–52 with new technology gauge the potential impact that new changed, the real-life stories of the like the ‘‘1760 in the Bay’’ program. retention bonuses or assignment incen- New Hampshire Guard who have par- AMENDMENT NO. 1656 tive pay could have on the ticipated in the program are moving Mr. President, I want to take a mo- attractiveness of serving in the nuclear and demonstrate a clear need for cre- ment to talk about an amendment I mission, and, in turn, on the effective- ating a seamless, nationwide program. have offered to the National Defense ness of the force. In his twenties and a self-employed Authorization Act, No. 1656, that would AMENDMENT NO. 1780 mechanic by trade, Sergeant Joe require a study and report on the re- Mrs. SHAHEEN. Mr. President, I served in Iraq from 2006 to 2007. Prior cruitment and retention of members of wish to speak about an amendment to his deployment, he set up his the Air Force in nuclear career fields. that I have filed to the National De- girlfriend and her children in a rental One of the key lessons learned from fense Authorization Act of 2010. The apartment and gave his savings to sup- the nuclear incidents that occurred a amendment is an attempt to improve port her while he has in Iraq. When he

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8018 CONGRESSIONAL RECORD — SENATE July 23, 2009 returned to New Hampshire, he suf- deploying soldier. She finds comfort in overseas during the periods of mobilization, fered from ongoing back pain and knowing she has one person by her side deployment, and demobilization of such PTSD that went undiagnosed; he found throughout her deployment. members of the National Guard and Reserve. that his girlfriend had squandered his Unfortunately, the problems Adam (2) ELEMENTS.—The plan required by para- graph (1) shall include the following: savings and defaulted on the rent; and and Mary faced are not unique. Na- (A) Programs and activities to educate that his business partner had closed up tional Guard and Reservists nationwide family members of members of the National shop. Distraught but not defeated, he face similar problems, and without pro- Guard and Reserve who are deployed over- rented a room and tried to reestablish grams like the New Hampshire Na- seas on potential mental health challenges his business. Despite his best efforts, tional Guard pilot program they may connected with such deployment. he has faced a series of jobs losses, bills fall between the cracks. (B) Programs and activities to provide he could not pay, increasingly severe My amendment requires the Sec- such family members with complete infor- PTSD, and, ultimately, eviction. The retary of Defense to evaluate the na- mation on all mental health resources avail- New Hampshire National Guard Chap- able to such family members through the De- tionwide Yellow Ribbon Reintegration partment of Defense and otherwise. lain eventually found out about Joe’s Program and to closely examine how (C) Efforts to expand counseling activities circumstances and connected him im- states have filled gaps in the program for such family members in local commu- mediately with a care coordinator. His to better serve our National Guard and nities. personal care coordinator helped Joe Reserve members and their families. (b) REPORTS.— turn his life around: she used emer- Furthermore, the amendment seeks to (1) IN GENERAL.—Not later than 180 days gency funds to provide a modest in- identify the best programs so that they after the date of the enactment of this Act, and at such times thereafter as the Sec- come and secure temporary housing; can be replicated nationwide. she connected him with medical and retary of Defense considers appropriate, the As we call on the National Guard and Secretary of Defense shall submit to the mental health services through the VA; Reserve to protect the Nation at home Committees on Armed Services of the Senate and paired him with the Easter Seals and abroad, I call on my colleagues in and the House of Representatives a report on job placement services that helped Joe the Senate to protect these brave men this section. get a less physically demanding, full- and women and their families to the (2) ELEMENTS.—Each report shall include time job with benefits. Because of this best of our ability. We need to make the following: safety net, Joe recently bought a home sure our policies and programs are wor- (A) A current assessment of the extent to and is continuing treatment for his thy of the great sacrifice of our citizen- which family members of members of the PTSD. National Guard and Reserve who are de- soldiers. ployed overseas have access to, and are uti- Because of the New Hampshire Na- Mr. SANDERS. Mr. President, I have lizing, mental health care available under tional Guard’s unique partnership with an amendment at the desk. this section. the New Hampshire Department of The PRESIDING OFFICER. Is there (B) A current assessment of the quality of Health and Human Services, Easter objection to setting aside the pending mental health care being provided to family Seals in New Hampshire and 22 other amendment? members of members of the National Guard civilian and veteran service organiza- Mr. LEVIN. Mr. President, I suggest and Reserve who are deployed overseas, and tions, Guard members and Reservists the absence of a quorum. an assessment of expanding coverage for like Sergeant Joe are able to reenter mental health care services under the The PRESIDING OFFICER. The TRICARE program to mental health care civilian life. clerk will call the roll. services provided at facilities currently out- However, there is a clear need to pro- The assistant legislative clerk pro- side the network of the TRICARE program. vide counseling and support services ceeded to call the roll. (C) Such recommendations for legislative predeployment as well. As shown in the Mr. SESSIONS. I ask unanimous con- or administration action as the Secretary story of Staff Sergeant Mary, a single sent the order for the quorum call be considers appropriate in order to further as- mother of two who is slated for deploy- rescinded. sure full access to mental health care by ment later this year, predeployment Mr. LEVIN. Objection. family members of members of the National services create a foundation for parents The PRESIDING OFFICER. Objec- Guard and Reserve who are deployed over- and families to adjust to deployment seas during the mobilization, deployment, tion is heard. and demobilization of such members of the while minimizing disruptions to their The assistant legislative clerk con- National Guard and Reserve. lives. tinued with the call of the roll. INTERCONTINENTAL BALLISTIC MISSILE. Mary, upon learning of her deploy- Mr. LEVIN. Mr. President, I ask Mr. CONRAD. Mr. President, I rise to ment, feared that she could not leave unanimous consent that the order for engage in a colloquy with my esteemed her children with her ex-husband and the quorum call be rescinded. colleague Senator ENZI, the cochair- that she would be unable to fulfill her The PRESIDING OFFICER. Without man of the Senate ICBM Coalition, duty with the New Hampshire National objection, it is so ordered. about an amendment the coalition has Guard despite her desire to serve along- AMENDMENT NO. 1799, AS MODIFIED offered to express the sense of Congress side her colleagues. Hesitant to take Mr. LEVIN. First, Mr. President, I on the strategic importance of the help from a stranger, she initially re- ask unanimous consent to modify a intercontinental ballistic missile. sisted meeting with her care coordi- previously agreed to amendment, No. I am happy to offer this amendment nator. The coordinator persisted, slow- 1799. on behalf of the members of the Senate ly built a close bond with Mary, and The PRESIDING OFFICER. Without ICBM Coalition, including my cochair- designed a plan to address Mary’s con- objection, it is so ordered. The amend- man Senator ENZI, as well as Senators cerns. The care coordinator connected ment is so modified. HATCH, TESTER, BENNETT, BAUCUS, Mary to legal representation to nego- The amendment (No. 1799), as modi- BARRASSO, and DORGAN. tiate how the children will be cared for fied, is as follows: This amendment, No. 1682, expresses while she is in Iraq—a necessary step the sense of the Congress that we must to create a positive environment for AMENDMENT NO. 1799, AS MODIFIED maintain the long-term vitality of the Mary to leave her children. The coordi- At the end of subtitle F of title V add the triad, that the land-based nuclear force nator also went to the children’s following: is the most stabilizing portion of our school, met with the teachers and ad- SEC. 557. IMPROVED ACCESS TO MENTAL HEALTH CARE FOR FAMILY MEM- nuclear arsenal, and that our robust ministration personally, and provided BERS OF MEMBERS OF THE NA- ICBM force must be retained to ad- them with a direct link for commu- TIONAL GUARD AND RESERVE WHO vance our Nation’s strategy of deter- nication and concerns while Mary is ARE DEPLOYED OVERSEAS. rence, assurance, and dissuasion. deployed. She also arranged counseling (a) INITIATIVE TO INCREASE ACCESS TO MEN- I strongly believe that all three legs for the children so that they will have TAL HEALTH CARE.— of the triad must be maintained in extra support while grappling with (1) IN GENERAL.—The Secretary of Defense order to retain a highly reliable and shall develop and implement a plan to ex- their mother’s absence. Mary says that pand existing initiatives of the Department credible nuclear force, and we particu- her care coordinator is a ‘‘beacon of of Defense to increase access to mental larly believe that our ICBM force takes light’’ who helps guide her through the health care for family members of members on even greater importance as we draw challenges of being a single parent and of the National Guard and Reserve deployed down our nuclear force.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8019 As GEN Larry Welch and others have because of its broad dispersion and to train and equip the Afghan National argued, our land-based nuclear force is high survivability, is nearly impossible Army and National Police Force; ex- the most stabilizing portion of our nu- to preempt or disarm. Additionally, the tends for one year the authority for the clear arsenal, and it becomes even current ICBM force offers a high level Department of Defense—DOD—to sup- more so as total warhead numbers of crisis stability. This capability also port State Department programs for shrink. The readiness, broad disper- helps to reduce the risk of regional security and stabilization assistance; sion, numbers, and low warhead load- arms races that could encourage emphasizes the need to establish com- ing of the ICBM force make a success- friends and allies to develop their own prehensive measures of progress for the ful disarming attack nearly impossible. nuclear capabilities. administration’s strategy in Afghani- That deters attack from near-peer As our Nation proceeds to analyze stan and Pakistan and report regularly competitors and dissuades future ad- and make decisions on future strategic to Congress on progress in the region; versaries from building their nuclear posture and U.S. nuclear policy, I be- and provides funding for the Com- forces. It also eliminates the pressure lieve that ICBMs will continue to be manders’ Emergency Response pro- to maintain a launch-on-warning pos- the most responsive and stabilizing ele- gram in Iraq and Afghanistan to enable ture. ment of the nuclear triad. Minuteman Commanders to quickly fund humani- While almost everyone agrees with us III is a robust, cost-effective, and high- tarian relief and reconstruction that the ICBM is an essential part of ly capable system. projects and authorizes funds to pro- the triad, some believe that the size of I also thank my colleague, Senator mote Afghan-led local development. the force can or should be reduced. I CONRAD, for his work on behalf of the I am pleased that this bill provides strongly oppose cutting the ICBM force coalition on this issue. our brave men and women in uniform below its current force structure of 3 Mr. CONRAD. Mr. President, I thank the equipment, training and support wings of 150 missiles each. A reduction my friend Senator ENZI and each mem- they require. The bill fully funds readi- in the size of the force below 3 wings ber of the ICBM Coalition for their sup- ness and depot maintenance programs would make it increasingly difficult to port for this amendment. to ensure that forces are trained and recruit, retain, and develop highly NATIONAL GUARD—STATE PARTNERSHIP their equipment deployment ready. trained and motivated people. That PROGRAM This bill provides $6.7 billion for the would have a tremendous impact on Mr. VOINOVICH. Mr. President, I Mine Resistant Ambush Protected Ve- the effectiveness of the force. would like to thank the chairman and hicle Fund to protect our troops in Iraq Finally, in light of the serious fiscal ranking member for their leadership and Afghanistan. The bill also provides challenges facing our Nation, it is and courtesy regarding my amendment full funding for the Joint Improvised worth noting that ICBMs are by far the to provide budget authority for the Na- Explosive Device Defeat Organization. most cost-effective leg of the nuclear tional Guard—State Partnership Pro- This is very timely as there have been triad, coming in at about one-fifth the gram. I understand that this amend- reports of stepped up use of Improvised annual operating cost of the sub- ment as accepted would provide the Explosive Devices—IED—in Afghani- marine-launched leg. What is more, program with budget authority for fis- stan. In light of the recent missile ICBM costs will be stable for many cal year 2010. I urge the committee to tests conducted by North Korea, the years to come, while an extremely ex- consult with the Department of De- authorization to convert six additional pensive replacement program for the fense, our combatant commanders in Aegis ships for missile defense capabili- Ohio-class submarine is just about to the field, and our State adjutant gen- ties and field additional Terminal High begin. erals regarding the efficacy of perma- Altitude Air Defense—THAAD—and I support President Obama’s efforts nent authority for the program as the Standard Missile 3—SM–3—missile de- to negotiate a new arms control treaty committee prepares next year’s defense fense capabilities is very timely. As a with Russia to replace the expiring bill. long time proponent of corrosion con- Strategic Arms Reduction Treaty. Mr. LEVIN. Mr. President, I appre- trol for DOD systems, I am happy to However, we must be very careful that ciate the efforts of my friend from Ohio note that this bill provides for corro- reductions to our nuclear forces are on this issue. I know that the com- sion protection to keep equipment conducted in a way that avoids cre- mittee will continue to consider the working effectively for a longer period ating unnecessary risks. Our ICBM views of all stakeholders about this of time. This is especially important in force dramatically decreases the risk program. I encourage the Department light of our current budget situation. If of nuclear war by providing a stabi- of Defense to include a request for for- we can protect our systems from the lizing constant in our nuclear posture, mal authority in its annual legislative detrimental effects of corrosion and and it ought to be maintained at its proposal to the committee should they make them last longer, it will save val- current levels as an essential part of find permanent authority necessary. uable resources. our nation’s nuclear force. Mr. AKAKA. Mr. President, I would As stewards of taxpayer dollars, we I thank my colleague Senator ENZI like to thank Chairman LEVIN and must ensure that there is thorough for his work as cochair of the ICBM Co- Ranking Member MCCAIN for their oversight of the Department of De- alition. leadership and my colleagues on the fense’s programs and activities. This Mr. ENZI. I would echo my col- Senate Armed Services Committee for bill takes important steps to accom- league’s remarks, and I share his con- working in a bipartisan fashion to craft plish this including, enhancing the cern about a reduction in the current the National Defense Authorization ability of the DOD IG to conduct audits ICBM force. The current force of 3 mis- Act for Fiscal Year 2010. This bill pro- by authorizing the IG to subpoena wit- sile wings of 150 missiles is appropriate vides our troops with the resources, nesses; requiring DOD to justify all for our national needs. training and equipment they need to sole-source contract awards in excess America’s dispersed and alert Min- fulfill their mission. It takes care of of $20 million; and improving DOD fi- uteman III ICBM force is a critical ele- our troops and their families, including nancial management by requiring the ment of the nuclear triad and rep- a 3.4-percent across-the-board pay Department to engage in business proc- resents our most responsive, stabi- raise. Additionally, it authorizes fiscal ess reengineering before it approves a lizing, and cost-effective strategic year 2010 end strengths to allow for the new business system modernization force. expansion of our Armed Forces and program. The strategic nuclear forces that de- provide a greater time period between One of my priorities as a member of terred Soviet aggression and kept the deployments, which will ease some of the Senate Armed Services Committee limited conflicts of the Cold War era the burden placed on our troops and and chairman of the Senate Veterans’ from escalating continue to play a crit- their families. Affairs Committee is to ensure our ical role in deterring aggression and This bill includes important language servicemembers and veterans receive dissuading new near-peer competitors. to ensure that the Iraqi and Afghan the health care services they need, in- At its present size, our ICBM force rep- governments take more responsibility cluding treatment for invisible wounds resents a nearly insurmountable hedge for ensuring their own security and of war such as post-traumatic stress against strategic surprise. That force, stability. It provides nearly $7.5 billion disorder. I am pleased that this bill

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8020 CONGRESSIONAL RECORD — SENATE July 23, 2009 takes some important steps in caring mented in the fiscal year 2008 Defense Authorization Act for Fiscal Year 2010 for our troops. For example, it: Re- bill. One glaring omission in the reor- which would encourage the use of no- quires the Secretary of Defense to de- ganization of the Guard Bureau was cost economic development convey- velop and implement a plan to increase the absence of a vice chief. ances, EDCs, when disposing of excess the number of military and civilian be- This evening, Senator BOND and I military property, in order to assist havioral health personnel and to con- have again worked closely with Chair- these communities with the difficult sider the feasibility of additional offi- man LEVIN and the Armed Services process of base closures. This language cers and enlisted specialties as behav- Committee to address this situation. was based on a provision I originally ioral health counselors; authorizes the We have proposed and the Senate has authored in the Defense Communities service secretaries to detail up to 25 of- adopted an amendment to create the Assistance Act of 2009, which was co- ficers each year as students to study position of vice chief at the National sponsored by Senators PRYOR, COLLINS, for doctorate degrees in clinical psy- Guard Bureau. This position is critical COCHRAN, and CORNYN. chology; requires person-to-person to the National Guard Bureau and will Undeniably, base closures have a dev- mental health assessments at des- further improve the day-to-day oper- astating impact on local economies. In ignated intervals for servicemembers ations of the National Guard orga- the wake of a closure, communities deployed in connection with contin- nizing, training and equipping over that have invested so much over the gency operations; requires an assess- 460,000 soldiers, airman and civilian years to integrate servicemembers and ment of case management services for forces serving in the United States and their families invariably confront a behavioral health care under overseas. sudden and sharp reduction in the TRICARE; authorizes travel and trans- Since the elevation of the chief of the number of townspeople. The children portation allowances for up to three in- National Guard Bureau to a full gen- who have gone to their schools leave, threatening to lower the amount of dividuals to travel with seriously in- eral, the roles and responsibilities of funding their districts are eligible for jured or wounded individuals during the chief have greatly expanded. Much and, in some cases, leading to layoffs of their inpatient stay; authorizes com- as there is a vice chairman of the Joint teachers who would no longer be re- pensation to caregivers for the assist- Chiefs of Staff, it became apparent that quired. Friends who have attended the the National Guard chief needs a senior ance they provide to servicemembers same church, banked at the same fi- general officer serving as a vice chief with combat-related catastrophic inju- nancial institutions, and shopped at to adequately assist the chief with the ries or illnesses requiring assistance in the same grocery store are gone. Tax daily living; and, requires the Depart- demands of that new elevated role. revenues decrease and community pro- In its new capacity as a joint activ- ment of Defense to initiate a process of grams suffer. The consequences of ity, the National Guard bureau has a reform and improvement of the these changes are dramatic enough in greater number of joint and inter- TRICARE system. It extends eligibility even the best of economic times. for TRICARE Standard to gray area re- agency responsibilities assigned to it. No-cost EDCs mitigate this harm by tirees. The vice chief will provide essential providing land in the hands of commu- I have also worked to improve the support to the chief to execute these nities faster—and by transferring prop- collaboration and cooperation between responsibilities. erty at no cost to the community. By the Department of Defense and the De- I join with Senator BOND in thanking accelerating the transfer process, the partment of Veterans Affairs to help Chairman LEVIN, the Armed Services Department of Defense—DOD—will be smooth the transition from military to Committee and all of our Senate col- turning property over to communities civilian life. I applaud the inclusion of leagues for adopting this amendment faster, allowing them to redevelop and language in this bill that requires the to create a vice chief at the National create jobs more quickly. This ap- Secretary of Defense to report on the Guard Bureau. Over the past 10 years, proach benefits everyone involved. The exchange of medical data between the our nation has called on our Guard DOD saves both time and money that Department of Defense and the Depart- forces at home and abroad like never would otherwise be spent maintaining ment of Veterans Affairs, an issue I before. The Senate is again recognizing these facilities during protracted nego- have worked on with Chairman LEVIN. the role the Guard serves in our na- tiations; communities receive the prop- In addition, the bill authorizes the De- tional defense by passing this impor- erty at no cost to them and can begin partment of Defense and the Depart- tant amendment. the critical work of economic develop- ment of Veterans Affairs to jointly op- Ms. SNOWE. Mr. President, in 2005, ment and job creation in less time; the erate a Federal Health Care Center to the Base Realignment and Closure—the taxpayers spend less because the land showcase its ability to work in unison so-called BRAC—Commission released does not remain in Federal ownership to serve current and former service- a final report recommending the clo- for a period of years—even a decade; members. sure of 33 military installations and and economic redevelopment helps di- This bill exemplifies what can be the realignment of 29 other bases. minish the number of unemployed. achieved when we put aside our party While many of us in Congress and com- Indeed, in 1999, with the help of the differences and work together to sup- munities across the country fought Clinton administration, we added no- port our military. Moreover, it dem- against these closures, the report was cost EDCs to the DOD’s property dis- onstrates our commitment to provide approved in September 2005—an ap- posal toolbox. A January 2005 Govern- our troops and their families with the proval that resulted in dozens of cities ment Accountability Office, GAO, re- support that they require and deserve. and towns nationwide facing a new port indicated that the change in pol- Mr. LEAHY. Mr. President, Senator overwhelming, onerous burden in rede- icy to no-cost EDCs had yielded suc- KIT BOND and I have worked for many veloping these shuttered bases. Accord- cessful gains. The report stated that, years together as cochairs of the Sen- ing to the data contained in the 2005 according to Department of Defense ate National Guard Caucus. With the base-closing round, nearly 33,000 civil- and community officials, the use of assistance of Chairman LEVIN, we were ian jobs will be lost in base closures economic development conveyances able to enact landmark legislation in and realignments, 6,500 of which are ‘‘. . . had gained in popularity with the the fiscal year 2008 Defense authoriza- projected to occur at the Brunswick adoption of the no-cost provision, tion bill that among other actions ele- Naval Air Station, BNAS, in my home which, in addition to saving money for vated the chief of the National Guard State of Maine. the new user, virtually eliminated the from three-star general to full general. These communities must be equipped delays resulting from prolonged nego- That so-called National Guard Em- with tools—not hamstrung by obsta- tiations over the fair market value of powerment Act was designed to ensure cles—to recover from such a dramatic the property and accelerated economic that the Guard has a seat at the table event as a base closing. And so, I rise development and job creation.’’ In in major budget and policy decisions. today to advocate that when this bill other words, the change in policy gar- There were some important lessons goes to conference, the conferees nered the desired effect. In fact, the learned as the Department of Defense should retain language included in the rate of property transfer increased moved forward with executing the im- House Armed Services Committee’s, nearly 200 percent during the years fol- portant changes for the Guard imple- HASC, version of the National Defense lowing the no-cost provision.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8021 Yet regrettably, in 2001, some in this sion in December 2007. We are in the able for our military. Some commu- body added a requirement to the De- worst economy since the Great Depres- nities even went so far as to give us the fense Base Closure and Realignment sion, one that contracted 5.5 percent in property for free. We have an obliga- Act that stipulated that the Depart- the first quarter of 2009. tion to help mitigate the impacts ment of Defense, when using an EDC, As such, there is much concern—par- caused by our base closure decisions.’’ should seek ‘‘fair market value’’ in re- ticularly among those communities en- He continued by saying that, ‘‘We view turn for the land being transferred. In during impending base closures—that it as an investment, not a give-away, the past four base-closure rounds, we without increased use of no-cost EDCs, and a continuation of the tradition of have had 97 major base closures, along communities will not be able to quick- taking care of our people before, dur- with 235 smaller closures and 55 major ly bring back the jobs that will be lost ing, and after our time of need.’’ And, realignments, and we never asked for and acres upon acres of property will frankly, isn’t that how we should view fair market value. Why we took steps sit fallow, more a hazard to the com- our defense communities that have backward to this requirement of ‘‘fair munity than a benefit. They fear that time and again sacrificed so much for market value’’ when we succeeded in time-consuming, costly delays will the good of the Nation? I certainly be- clearing the logjam makes no sense to hamper their effective and meaningful lieve it is. me. redevelopment efforts as the DOD at- Mr. NELSON of Florida. Mr. Presi- It is unfair to now begin placing such tempts to play realtor. As former DOD dent, I wish to speak in support of the a high premium on fair market value Deputy Under Secretary for Installa- Levin-McCain amendment, Senate for EDCs after four rounds that have tions, Randall Yim, summarized in amendment No. 1469, to the 2010 Na- spurred significant savings to the De- 1999, ‘‘The No-Cost EDC authority pro- tional Defense Authorization Act. End- partment of Defense. Recognizing this vides an opportunity for a collabo- ing production of the F–22 and support problem, I introduced an amendment in rative relationship by assisting com- for the Levin-McCain amendment re- 2005 to the Defense authorization bill munities with creating new jobs on the flects the best judgment of the Presi- that was far more stringent than the former installation and relieving the dent, Secretary of Defense Gates, current House language. It would have Department of needless caretaker ex- Chairman of the Joint Chiefs of Staff essentially required all excess real and penses.’’ And that is what the crux of Mullen, the unanimous Joint Staff in- personal property to be transferred to the matter is—working with commu- cluding the Chief of Staff of the Air communities at no-cost, with excep- nities affected by the closure of a mili- Force Schwartz and Secretary of Air tions for national security reasons. tary installation to mitigate dev- Force Donley. These individuals have That amendment received 36 votes astating economic consequences, and carefully considered and weighed the then—even in its rather rigid form. In doing so in a timely manner that curbs current and likely threats to the na- fact, then-Senator Obama voted for my the waste of taxpayer dollars. tion. They have considered the Na- amendment—an amendment that I also would like to add that the tion’s national security priorities, poli- would have gone much farther in its House Armed Services Committee’s cies, and budget, including the defense scope than the language in the HASC provision would not eliminate the De- budget, and have reached the unani- bill. partment’s ability to use other meth- mous conclusion to end production at Earlier this year, to once again stand ods of disposal presently available in 187 aircraft. up for these base communities, I intro- the toolbox—such as public auctions, On July 16, Secretary Gates said in duced the Defense Communities Assist- public benefit conveyances, disposal for Chicago that ‘‘the grim reality is that ance Act of 2009. As I mentioned before, use by the homeless, negotiated sales, with regard to the defense budget, we this vital legislation includes a provi- transfers to other Federal agencies, have entered a zero-sum game. Every sion to strike existing language stating and leases of land. Instead, it would defense dollar devoted to—diverted to that the DOD shall seek fair market put the no-cost EDC on a level playing fund excess or unneeded capacity, value when disposing excess military field with these other essential disposal whether for more F–22s or anything property, and encourage the transfer of mechanisms, so that communities may else, is a dollar that will be unavailable closed military installations to com- begin the urgent process of creating to take care of our people, to win the munities quickly by placing the no- good, high-paying jobs while simulta- wars we are in, to deter potential ad- cost economic development conveyance neously saving the Defense Department versaries, and to improve capabilities on a level playing field with other from needless costs and waste of tax- in areas where America is under- methods of disposal. I am pleased a payer dollars. invested and potentially vulnerable. modified version of my provision was The No. 1 complaint I have heard That is a risk I cannot accept and one included in the House Armed Services over and over again from communities that I will not take.’’ Committee’s bill. The Senate Armed with BRAC-closed bases is the time- I agree with Secretary Gates; there- Services Committee, SASC, mean- consuming, lengthy, and inefficient fore, I voted to strike the $1.75 billion while, has included language in its process with regard to property trans- to fund just seven more F–22 aircraft— version of the DOD authorization bill fer. The House provision would take a not even a full squadron. reiterating the Department’s ability to giant step toward reversing these Not only do I support the administra- use a range of property transfer op- trends and help get communities back tion’s budget request in this regard, tions, including the no-cost EDC. Re- on their feet faster, particularly during but I also support the excellent work of grettably, the Sense of the Senate lan- the economic conditions our Nation the Armed Services Committee. Under guage, even as improved by the amend- presently faces. I hope we would re- the leadership of Chairman LEVIN and ment Senator PRYOR and I have intro- spect the interests of the community Senator MCCAIN, the committee funded duced, does not go far enough. That is that is directly affected. After all, they the urgent research and development why, moving forward, I urge my col- are the ones who are disproportion- priorities of the Air Force’s Joint leagues to support the House provision ately bearing the costs of the base clo- Strike Fighter Program; the high but in conference. sure. unfunded priorities of the Navy; and Redeveloping base properties today In closing, I want to again cite Sec- the all-important operations and main- and in the near future, our defense retary Yim, who, in reference to the tenance needs of the Army. As Sec- communities must address an eco- job losses facing communities with retary Gates said, ‘‘we have entered a nomic landscape that is unlike any base closures, eloquently wrote that, zero-sum game’’ and every defense dol- other we have witnessed in decades. ‘‘. . . these jobs were an economic en- lar counts. The unemployment rate stands at 9.5 gine . . . of enormous power for these If the $1.75 billion F–22 funding percent—the highest level in nearly 26 communities, and these communities stayed in the bill it would cut $850 mil- years. The economy shed 467,000 jobs in contributed in many ways to our mis- lion from operations and mainte- June alone. More than 14.7 million sion, from building roads, schools, util- nance—O&M—accounts—this is money Americans are presently without jobs, ity systems, to making educational that would be used to perform depot and 6.5 million payroll jobs have been and business and consumer and rec- maintenance on our Navy aircraft and lost since the beginning of this reces- reational opportunities readily avail- ships at Navy and industry locations

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8022 CONGRESSIONAL RECORD — SENATE July 23, 2009 around the country including facilities Year 2010 National Defense Authoriza- This legislation is an important step located in Jacksonville, FL. The Chief tion Act. Let me begin by thanking the toward reversing that troubling de- of Naval Operations identified these committee’s distinguished chairman, cline. funding priorities in the fiscal year 2010 Senator LEVIN, and ranking member, As the threats from around the world unfunded programs list, UPL. Mr. Senator MCCAIN, for their leadership in continue to grow, it is vitally impor- President, I will ask to have printed in crafting this bill and for their strong tant that the Navy have the best fleet the RECORD the Chief of Naval Oper- commitment to our Nation’s Armed available to counter those threats, ations and the Navy’s UPL. If we au- Forces. keep the sealanes open, and to defend thorize and fund continued procure- This legislation will provide essential our Nation. Bath Iron Works and the ment of F–22, then these critical short- training, equipment, and support to shipyards of this country are ready to ages will not be addressed. our troops as they engage in combat build whatever ships the Navy needs. It Other accounts reduced to pay for overseas and in exercises at home. The is vitally important that there not be a the $1.75 billion unwanted F–22 pro- legislation will provide critical force gap in shipbuilding that jeopardizes curement include funding for aircraft protection to our men and women in our industrial base. That is what this maintenance for the Air Force and mis- uniform; help restore our military’s legislation works to accomplish. sion support and training activities for readiness; and continue the develop- The instability and inadequacy of Special Operations Command. Further- ment of technologies to counter exist- previous naval shipbuilding budgets more, $400 million would be cut from ing and emerging threats. This is a have had a troubling impact on our military personnel accounts. Reduc- critical time in our nation’s history shipbuilding industrial base and has tions in military personnel funding will and the committee has, once again, contributed to significant cost growth affect unit readiness by hindering the demonstrated its strong support of our in the Navy’s shipbuilding programs. Services’ ability to meet manning soldiers, airmen, sailors, and marines The 313-ship plan, combined with more goals for end strength and operational and their families. robust funding by Congress, will begin units prior to deployment. It also offers an important oppor- to reverse the decline in Navy ship- It has indeed become a zero-sum tunity for continued debate as to our game; thus, I support the effort of building. Nation’s strategy in Afghanistan. The This bill authorizes $1 billion in fund- Chairman LEVIN and Senator MCCAIN ing for construction of the third DDG– to restore funding for these vital ac- legislation we are now debating con- counts for readiness, support, and per- tains an amendment that Senator BEN 1000 and honors the agreement the sonnel. I support the military and pro- NELSON and I offered during committee Navy negotiated to build all three fessional judgments of the President, markup to express the sense of Con- ships at Bath Iron Works, BIW. The the Secretary of Defense, the Chairman gress that the administration should Pentagon’s preference to have BIW of the Joint Chiefs of Staff, and the review any previously established build all three of the DDG–1000s dem- Joint Staff to end the F–22 program at measures of progress and establish fur- onstrates confidence in BIW, should en- 187 aircraft. ther measures of progress for both Af- sure stable work for the shipyard, and Mr. President, I ask unanimous con- ghanistan and Pakistan. should also help to stabilize production sent to have printed in the RECORD the Our proposal was approved unani- costs for the Navy. Chief of Naval Operations and the mously by the Senate Armed Services That same confidence was also dem- Navy’s UPL to which I referred. Committee. It represents a significant onstrated this May when Defense Sec- There being no objection, the mate- bipartisan call for the administration retary Robert Gates toured BIW, the rial was ordered to be printed in the to establish clearly defined policy ob- first official tour of our shipyard by a RECORD, as follows: jectives for Afghanistan as our nation Defense Secretary since the 1950s. Sec- DEPARTMENT OF THE NAVY, sends more troops and billions of addi- retary Gates said that what impressed CHIEF OF NAVAL OPERATIONS, tional dollars to the region. him most during his tour was BIW’s Washington, DC, May 19, 2009. Time and again, I have expressed se- ability to innovate and the pride and Hon. JOHN M. MCHUGH, rious reservations about sending more professionalism of its workforce. Maine Ranking Member, Committee on Armed Services, troops to Afghanistan without clear, has a long and proud history of innova- House of Representatives, Washington. DC. specific benchmarks. The President tion and creativity, and BIW represents DEAR MR. MCHUGH; Thank you for your needs to provide clear, measurable Maine ingenuity at its best. Secretary letter of April 21. 2009. concerning the Navy’s Fiscal Year 2010 Unfunded Programs. Our un- goals for Afghanistan and the region. I Gates’s statement that the men and funded list includes both aviation and ship have raised my concerns with top Pen- women of BIW will have consistent depot maintenance actions totaling $395M. A tagon officials, including Commander work for years into the future was a brief summary of details are provided on the of U.S. Central Command General very welcome acknowledgement of the enclosed list. Nothing in these Unfunded Re- David Petreaus and Commander of U.S. yard’s accomplishments. quirements is of a higher priority than any- Forces in Afghanistan General Stanley In addition, this legislation author- thing contained in Navy’s Fiscal Year 2010 McChrystal about the risks in sending izes $2.2 billion for continued DDG–51 Budget Submissions. Thank your for your Committee’s interest additional troops to Afghanistan. I procurement and nearly $150 million in addressing the Navy’s needs. If I may be of have no doubts at all about the courage for the DDG–51 modernization pro- further assistance. please let me know. and skill of our men and women in uni- gram. Sincerely. form. They are simply the best in the Our bill also includes a provision G. ROUGHEAD, world. I have considerable doubts about that repeals a requirement enacted in Admiral, U.S. Navy. whether the President’s strategy can the National Defense Authorization Enclosure: 1. Fiscal Year 2010 Unfunded Act for Fiscal Year 2008 that would re- Programs List. succeed. The legislation before us also in- quire all future surface combatants to FY 10 UNFUNDED PROGRAMS LIST cludes a strong commitment to have nuclear propulsion systems. The strengthening Navy shipbuilding. A ro- provision allows the Navy to conduct Title (program/issue) FY10 Justification bust Navy budget is of critical impor- analyses of requirements capabilities Aviation Depot Maintenance ..... $195M Program funded 87% of goal. tance. Our nation needs a strong and for new ship classes without biasing Accepted risk to goal in modern naval fleet in order to counter the analyses in favor of one propulsion order to balance across portfolio. Funds 86 deferred existing and emerging threats. option or another. Continuing this re- airframes/314 deferred en- For several years, military leaders quirement would dramatically increase gines. Ship Depot Maintenance ...... 200M Program funded 96% of goal. have documented a minimum national the costs of large surface combatants, Accepted risk to goal in requirement for 313 ships to support reduce the overall number of ships that order to balance across portfolio. Funds 20 surface our Navy and Marine Corps. Unfortu- could be built at a time when the Navy ship availabilities. nately, however, the Navy’s fleet has is seeking to revitalize and modernize Total Unfunded Programs 395M List:. declined to 283 ships. I am deeply con- its fleet, and would undermine the cerned by the decreasing size of the Chief of Naval Operations 313-ship plan. Ms. COLLINS. Mr. President, I rise Navy fleet and have worked to increase Our Senate bill also includes funding today in strong support of the Fiscal the funding allocated to shipbuilding. for additional littoral combat ships.

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE July 23, 2009 CONGRESSIONAL RECORD — SENATE S8023 While this program has suffered a num- and managers’ amendments as noted The Finance Committee is still work- ber of setbacks, the Navy, with the below, the bill be read a third time, and ing on a markup as it relates to health help of Congress, has taken significant the Senate then proceed to vote on pas- care, but that is a different issue, and steps in order to better oversee this sage of S. 1390, as amended; further, I don’t think we need to involve that program. These ships are important for that upon passage of S. 1390, it be in tonight. the Navy in order to counter new, order, en bloc, for the Senate to con- The PRESIDING OFFICER. The Sen- asymmetric threats, and the Navy sider the following Calendar items: 90, ator from Michigan. needs to get these ships to the fleet 91, and 92; that all after the enacting AMENDMENT NO. 1657, AS FURTHER MODIFIED soon. clause of each bill be stricken and the Mr. LEVIN. Mr. President, I ask The Senate’s fiscal 2010 Defense au- following divisions of S. 1390, as passed unanimous consent that amendment thorization bill also includes funding by the Senate, be inserted as follows: No. 1657, Senator SESSIONS amendment, for other defense-related projects that Division A, S. 1391; Division B, S. 1392; be further modified and that we agree benefit Maine and our national secu- Division C, S. 1393; that these bill be to it by voice vote. rity. read a third time, passed, and the mo- The PRESIDING OFFICER. Without The bill authorizes $28 million for a tions to reconsider be laid upon the objection, the amendment is further new aircraft hangar at the Bangor Air table, en bloc; further, that the consid- modified. National Guard base in Bangor, ME. eration of these items appear sepa- The amendment (No. 1657), as further This new hangar is essential for the rately in the RECORD; further, that the modified, is as follows: Maine Air National Guard and will re- Senate then proceed to the consider- At the appropriate place, insert the fol- place the 55-year-old building the guard ation of Calendar No. 96, H.R. 2647, the lowing: now uses. With the construction of a House companion; that all after the en- SEC. ll. NO MIRANDA WARNINGS FOR AL new hangar, the Maine Air Guard will acting clause be stricken and the text QAEDA TERRORISTS. (a) DEFINITIONS.—In this section— be able to better maintain its aircraft. of S. 1390, as amended, and passed by (1) the term ‘‘foreign national’’ means an The bill also authorizes $7.1 million the Senate be inserted in lieu thereof, individual who is not a citizen or national of for Portsmouth Naval Shipyard to be the bill be read a third time, passed, the United States; and used for security improvements at and the motion to reconsider be laid (2) the term ‘‘enemy combatant’’ includes Gate No. 2. The money will be used to upon the table; that upon passage of a privileged belligerent and an unprivileged install new antiterrorism and protec- H.R. 2647, as amended, the Senate in- enemy belligerent, as those terms are de- tion measures at the guard house that sist on its amendment, request a con- fined in section 948a of title 10, United States will improve security. ference with the House on the dis- Code, as amended by section 1031 of this Act. (b) NO MIRANDA WARNINGS.—Absent an Funding also is provided for machine agreeing votes of the two Houses, and unappealable court order requiring the read- guns and grenade launchers, both of the Chair be authorized to appoint con- ing of such statements, no military or intel- which are manufactured by the highly ferees on the part of the Senate, with ligence agency or department of the United skilled workers at Saco Defense in the Armed Services Committee ap- States shall read to a foreign national who is Saco, ME. pointed as conferees; that notwith- captured or detained as an enemy combatant In addition, the legislation author- standing passage of S. 1390, it still be in by the United States the statement required izes $10.5 million for the University of order for managers’ amendments to be by Miranda v. Arizona, 384 U.S. 436 (1966), or Maine. This funding would support con- considered and agreed to if they have otherwise inform such a prisoner of any tinued research and development of rights that the prisoner may or may not been agreed upon by the managers and have to counsel or to remain silent con- light weight modular ballistic tent in- the leaders; and that no points of order sistent with Miranda v. Arizona, 384 U.S. 436 sert panels designed by the University be considered waived by virtue of this (1966). No Federal statute, regulation, or of Maine’s Army Center of Excellence agreement. treaty shall be construed to require that a in Orono. These panels provide crucial The PRESIDING OFFICER. Without foreign national who is captured or detained protection to servicemembers in tem- objection, it is so ordered. as an enemy combatant by the United States porary dining and housing facilities in The majority leader. be informed of any rights to counsel or to re- mobile forward operating bases in Iraq Mr. REID. Mr. President, we will be main silent consistent with Miranda v. Ari- and Afghanistan. in session tomorrow. We have some zona, 384 U.S. 436 (1966) that the prisoner work to do. There will be no votes to- may or may not have, except as required by The funding would also support con- the United States Constitution. No state- tinued research and development of morrow. We received permission from ment that is made by a foreign national who high temperature sensors for health everyone to move to the Energy and is captured or detained as an enemy combat- monitoring of aerospace components. Water appropriations bill. We will do ant by the United States may be excluded These sensors are capable of sensing that sometime late Monday afternoon. from any proceeding on the basis that the physical properties such as tempera- We have to make sure the managers prisoner was not informed of a right to coun- ture, pressure, corrosion and vibration are available. sel or to remain silent that the prisoner may in critical aerospace components. We have accomplished a great deal or may not have, unless required by the with this massive bill that is now be- United States Constitution. And, the bill would also support con- (c) This section shall not apply to the De- tinued research and development of fore this body. We had a few rocky partment of Justice. roads to begin with—hate crimes and cellulose nanocomposites panels for en- The PRESIDING OFFICER. The gun legislation—but we were able to hanced blast and ballistic protection as question is on agreeing to amendment arrive at this point with the skill of well as provide for woody biomass con- No. 1657, as further modified. the two managers, frankly. I appre- version to JP–8 Fuel. Without objection, the amendment, ciate very much Senator LEVIN and Finally, I am pleased that this bipar- as further modified, is agreed to. tisan Defense bill also authorizes a 3.4- Senator MCCAIN for their brilliant Mr. LEVIN. Mr. President, I move to percent across-the-board pay increase work on this bill. We have 2 weeks reconsider the vote. for servicemembers, half a percent after we come back. We have two ap- Mr. KERRY. I move to lay that mo- above the President’s budget request. propriations bill to do. We have the Su- tion on the table. This bill provides the vital resources preme Court nomination. We have to The motion to lay on the table was to our troops and our nation and recog- make sure we take action so the high- agreed to. nizes the enormous contributions made way fund doesn’t go dry. We have some The PRESIDING OFFICER. The by the State of Maine to our national FHA stuff that is important. We have question is on the engrossment and security. The bill provides the nec- some unemployment stuff. It appears third reading of the bill. essary funding for our troops, and I at this time the House is going to send The bill was ordered to be engrossed offer it my full support. us a single package for that. We have for a third reading and was read the Mr. LEVIN. Mr. President, I ask travel promotion. All of these things I third time. unanimous consent that no further have spoken about in some detail with Mr. LEVIN. Mr. President, I ask for amendments be in order other than the the Republican leader. Now that we the yeas and nays. pending amendments; that upon dis- have a pathway forward, I think we can The PRESIDING OFFICER. Is there a position of the pending amendments have a very productive work period. sufficient second?

VerDate Nov 24 2008 02:46 Sep 28, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23JY9.REC S23JY9 smartinez on DSKB9S0YB1PROD with CONG-REC-ONLINE S8024 CONGRESSIONAL RECORD — SENATE July 23, 2009 There is a sufficient second. DEPARTMENT OF DEFENSE AU- utes, making it the fastest growing se- The bill having been read the third THORIZATION ACT FOR FISCAL rious developmental condition in the time, the question is, Shall the bill YEAR 2010 United States. And if this continues, pass? The bill (S. 1391) to authorize appro- autism could reach 4 million Ameri- The clerk will call the roll. priations for fiscal year 2010 for mili- cans in the next 10 years. The assistant legislative clerk called tary activities of the Department of In the military, autism is even more the roll. Defense, to prescribe military per- prevalent. There are currently over 13,000 children of Active-Duty service- Mr. DURBIN. I announce that the sonnel strengths for such fiscal year, members with autism. Representing Senator from West Virginia (Mr. and for other purposes, was considered, about 1 percent of the Nation’s total BYRD), the Senator from California ordered to be engrossed for a third population, military families under- (Mrs. FEINSTEIN), the Senator from reading, read the third time, and stand all too well the financial impact Massachusetts (Mr. KENNEDY), the Sen- passed. and the emotional burden of this dis- ator from Maryland (Ms. MIKULSKI), (The bill, as amended, will be printed order. Despite this, the Department of and the Senator from West Virginia in a future edition of the RECORD.) Defense has been unable to adequately (Mr. ROCKEFELLER) are necessarily ab- f provide autism therapy services to sent. MILITARY CONSTRUCTION AU- their families. Mr. KYL. The following Senator is Currently, autism treatment is sub- necessarily absent: the Senator from THORIZATION ACT FOR FISCAL YEAR 2010 ject to a monthly cap under the health Utah (Mr. BENNETT). insurance system, TRICARE. It also The PRESIDING OFFICER (Mr. The bill (S. 1392) to authorize appro- has a very burdensome application BURRIS). Are there any other Senators priations for fiscal year 2010 for mili- process, which can delay critical care in the Chamber desiring to vote? tary construction, and for other pur- for our military families. My amend- The result was announced—yeas 87, poses, was considered, ordered to be en- ment is designed to change this, to nays 7, as follows: grossed for a third reading, read the make sure this cap no longer applies so third time, and passed. [Rollcall Vote No. 242 Leg.] that these military families have ac- (The bill, as amended, will be printed YEAS—87 cess to the care their children need. in a future edition of the RECORD.) One example. One family’s son, Tay- Akaka Franken McConnell Alexander Gillibrand Menendez f lor, has autism, and he is 7 years old. They are dependent on the TRICARE Baucus Graham Merkley DEPARTMENT OF ENERGY NA- Bayh Grassley Murkowski autism treatment because his IQ is at TIONAL SECURITY ACT FOR FIS- Begich Gregg Murray 73, and the cutoff for the New York Bennet Hagan Nelson (NE) CAL YEAR 2010 Bingaman Harkin Nelson (FL) State program is 70. So they budget Bond Hatch Pryor The bill (S. 1393) to authorize appro- about $500 extra out of pocket per Boxer Hutchison Reed priations for fiscal year 2010 for defense month to pay for Taylor’s therapy. But Brown Inhofe Reid activities of the Department of Energy, Brownback Inouye Risch it is far less than Taylor actually needs Bunning Isakson Roberts and for other purposes was considered, to achieve his potential. Burr Johanns Schumer ordered to be engrossed for a third So what we are hoping to do is ulti- Burris Johnson Sessions reading, read the third time, and mately make sure that children who Cantwell Kaufman Shaheen Cardin Kerry Shelby passed. have autism, whose mothers or fathers Carper Klobuchar Snowe (The bill, as amended, will be printed are serving in the military will have Casey Kohl Specter in a future edition of the RECORD.) access to the number of hours of treat- Chambliss Kyl Stabenow The PRESIDING OFFICER. Under ment doctors recommend. We hope Cochran Landrieu Tester Collins Lautenberg Thune the previous order, the Senate insists that through these efforts, down the Conrad Leahy Udall (CO) on its amendments and requests a con- line we can begin to provide these re- Corker Levin Udall (NM) ference with the House. sources for the men and women who Cornyn Lieberman Voinovich EVIN Crapo Lincoln Warner The Chair appointed Mr. L , Mr. put their lives on the line every day for Dodd Lugar Webb KENNEDY, Mr. BYRD, Mr. LIEBERMAN, our country. Dorgan Martinez Whitehouse Mr. REED of Rhode Island, Mr. AKAKA, Mr. LEVIN. Mr. President, let me Durbin McCain Wicker Mr. NELSON of Florida, Mr. NELSON of commend the Senator from New York Ensign McCaskill Wyden Nebraska, Mr. BAYH, Mr. WEBB, Mrs. for identifying a very significant prob- NAYS—7 MCCASKILL, Mr. UDALL of Colorado, lem. She has always shown great sensi- Barrasso Enzi Vitter Mrs. HAGAN, Mr. BEGICH, Mr. BURRIS, tivity to the men and women in the Coburn Feingold Mr. MCCAIN, Mr. INHOFE, Mr. SESSIONS, Armed Forces. DeMint Sanders Mr. CHAMBLISS, Mr. GRAHAM, Mr. There is a provision in the House NOT VOTING—6 THUNE, Mr. MARTINEZ, Mr. WICKER, Mr. bill—we are not sure exactly what it Bennett Feinstein Mikulski BURR, Mr. VITTER, and Ms. COLLINS is—that relates to this issue and the Byrd Kennedy Rockefeller conferees on the part of the Senate. need to provide for autistic kids. We The bill (S. 1390), as amended, was Mr. LEVIN. I wonder now if the Sen- will take a look at that in conference passed. ator from New York might be recog- and see if there is anything we can do to move in the direction which the Mr. LEVIN. Mr. President, I move to nized for a brief colloquy with me Senator from New York has so properly reconsider that vote. which will last no more than 5 min- utes. identified. Mr. MCCAIN. I move to lay that mo- The PRESIDING OFFICER. Without THANKING STAFF tion upon the table. objection, it is so ordered. The proud tradition that our com- The motion to lay upon the table was Mrs. GILLIBRAND. Mr. President, I mittee has maintained every year since agreed to. rise today to speak about an amend- 1961 continues with the Senate’s pas- The PRESIDING OFFICER. Under ment which I had offered which was sage of this 48th consecutive national the previous order, S. 1390, as amended, not included in the managers’ package. defense authorization bill. We are mo- is inserted in lieu of the language of It has passed in the House. It is about tivated to pass this bill, as we are H.R. 2647. the issue of autism. every year. In fact, we are inspired to Without objection, the bill is consid- We have a significant issue with re- pass this bill for the men and women of ered read the third time and the bill is gard to autism in the military. The au- our Armed Forces and their families. passed, as amended. tism spectrum disorder affects 1 in They give it everything they have 24/7. The bill (H.R. 2647), as amended, was every 150 American children, 1 in every They never give up and they never give passed. 90 boys, more than pediatric cancer, di- in. We always have to work long and (The bill will be printed in a future abetes, and AIDS combined. A new case hard to pass this bill, but it is worth edition of the RECORD.) of autism is diagnosed every 20 min- every bit of effort we put into it. I

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