S8602 CONGRESSIONAL RECORD — SENATE July 21, 2005 I will be checking very carefully on The PRESIDING OFFICER. Is there a NATIONAL DEFENSE AUTHORIZA- how he carries out his responsibilities sufficient second? TION ACT FOR FISCAL YEAR if in fact he wins the vote. I don’t even There is a sufficient second. 2006—Resumed know if that is a foregone conclusion. I The question is, Will the Senate ad- The PRESIDING OFFICER. The assume it is, if all of the other party vise and consent to the nomination of clerk will report the pending business. vote to confirm. I don’t know. But if he Thomas C. Dorr, of Iowa, to be Under The legislative clerk read as follows: does take this position, I can assure Secretary of Agriculture for Rural De- A bill (S. 1042) to authorize appropriations you we will be carefully looking at how velopment. for fiscal year 2006 for military activities of he carries out his responsibilities at The clerk will call the roll. the Department of Defense, for military con- the Department of Agriculture. We The assistant legislative clerk called struction, and for defense activities of the Department of Energy, to prescribe per- may still want to take a look at those the roll. earlier records. sonnel strengths for such fiscal year for the The result was announced—yeas 62, I want to make it clear, I still do not Armed Forces, and for other purposes. nays 38, as follows: think Mr. Dorr meets the standards, Pending: the highest standards, as Secretary [Rollcall Vote No. 198 Ex.] Warner Amendment No. 1314, to increase Veneman said, for this position, but at YEAS—62 amounts available for the procurement of wheeled vehicles for the Army and the Ma- least with this admission that what he Akaka Dole McConnell did was wrong, that he has apologized Alexander Domenici Murkowski rine Corps and for armor for such vehicles. for the statements he made on diver- Allard Ensign Nelson (NE) The PRESIDING OFFICER. The Allen Enzi Pryor pending question is the Warner amend- sity, I believe that is at least enough Bennett Frist Roberts ment. for us to get past the cloture vote and Bond Graham Salazar to move to an up-or-down vote on this Brownback Grassley Santorum Mr. WARNER. Mr. President, I see Bunning Gregg Sessions the distinguished majority leader. My nominee. Burns Hagel Shelby With that, again, in the spirit of Burr Hatch understanding is he wishes to lay down Smith comity and trying to move this ball Chafee Hutchison an amendment, for which I am grate- Chambliss Inhofe Snowe ful. We would be happy to lay aside the ahead, we will do that. I thank Chair- Specter Coburn Inouye pending amendment. man CHAMBLISS for all of his work and Cochran Isakson Stevens his efforts in this regard. Coleman Kyl Sununu I yield the floor. I will yield the floor. Collins Lieberman Talent The PRESIDING OFFICER. The ma- Thomas The PRESIDING OFFICER. The Sen- Cornyn Lincoln jority leader. Craig Lott Thune Mr. FRIST. Mr. President, I ask ator from Minnesota. Crapo Lugar Vitter Mr. DAYTON. Mr. President, I ex- DeMint Martinez Voinovich unanimous consent that the pending press my admiration to the Senator DeWine McCain Warner amendment be laid aside. from Iowa for his willingness to make The PRESIDING OFFICER. Without NAYS—38 objection, it is so ordered. this accommodation. Those watching, Baucus Dorgan Levin AMENDMENT NO. 1342 who wonder whether we do act in the Bayh Durbin Mikulski spirit of bipartisan cooperation, can Biden Feingold Murray Mr. FRIST. Mr. President, I send an note this as one of those instances. I Bingaman Feinstein Nelson (FL) amendment to the desk. Also, I send to Boxer Harkin Obama the desk a list of cosponsors of the share, however, the concern of the Sen- Byrd Jeffords Reed amendment, and I ask unanimous con- ator about the timing of this admission Cantwell Johnson Reid by Mr. Dorr. Carper Kennedy Rockefeller sent they be added as such. Clinton Kerry Sarbanes The PRESIDING OFFICER. Without The first hearing of the Senate Agri- Conrad Kohl Schumer objection, it is so ordered. The clerk culture Committee on the original Corzine Landrieu Stabenow Dayton Lautenberg will report the amendment. nomination was, I believe, in March of Wyden 2002. That is over 3 years ago. If Mr. Dodd Leahy The legislative clerk read as follows: Dorr had made this kind of acknowl- The nomination was confirmed. The Senator from Tennessee [Mr. FRIST], edgment in this letter back then, this for himself, and others, proposes an amend- Mr. WARNER. I move to reconsider ment numbered 1342. matter would have been resolved some the vote, and I move to lay that mo- Mr. FRIST. Mr. President, I ask time ago. Instead, the committee tion on the table. records will show during that time, and unanimous consent that reading of the The motion to lay on the table was amendment be dispensed with. I believe at the subsequent hearing— agreed to. which I did not attend but I believe the The PRESIDING OFFICER. Without record shows happened earlier this objection, it is so ordered. f The amendment is as follows: year—he said exactly the opposite. He denied any culpability, he denied doing (Purpose: To support certain youth organiza- NOMINATION OF THOMAS C. DORR tions, including the Boy Scouts of America anything wrong, he denied any respon- TO BE A MEMBER OF THE and Girl Scouts of America, and for other sibility for anything that might have BOARD OF DIRECTORS OF THE purposes) occurred inadvertently. This is a direct COMMODITY CREDIT CORPORA- At the end of subtitle G of title X, insert contradiction of that and it does occur, TION the following: as the Senator noted, at the very last SEC. 1073. SUPPORT FOR YOUTH ORGANIZA- instant before this matter was going to The PRESIDING OFFICER. The TIONS. be voted for cloture—and I think it is question is, Will the Senate advise and (a) SHORT TITLE.—This Act may be cited as seriously in doubt whether cloture consent to the nomination of Thomas the ‘‘Support Our Scouts Act of 2005’’. would have been invoked, in which case C. Dorr, of Iowa, to be a Member of the (b) SUPPORT FOR YOUTH ORGANIZATIONS.— Board of Directors of the Commodity (1) DEFINITIONS.—In this subsection— that nomination would have been in (A) the term ‘‘Federal agency’’ means each limbo as it was previously, which led to Credit Corporation? department, agency, instrumentality, or a recess appointment. The nomination was confirmed. other entity of the United States Govern- I also, with reluctance but out of ne- The PRESIDING OFFICER (Mr. EN- ment; and cessity, will vote against this nominee. SIGN). Under the previous order, the (B) the term ‘‘youth organization’’— Again, I commend the Senator from President will be immediately notified (i) means any organization that is des- Iowa, but I think in this matter this is of the Senate’s action. ignated by the President as an organization a highly suspect maneuver at the very that is primarily intended to— last instant. (I) serve individuals under the age of 21 f years; I yield the floor. (II) provide training in citizenship, leader- The PRESIDING OFFICER. All time LEGISLATIVE SESSION ship, physical fitness, service to community, is yielded back. and teamwork; and Mr. GRASSLEY. I ask for the yeas The PRESIDING OFFICER. The Sen- (III) promote the development of character and nays. ate will resume legislative session. and ethical and moral values; and

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8603 (ii) shall include— Scout Jamboree as was provided under this The Scouts are a youth organization (I) the Boy Scouts of America; section for the preceding national or world that is committed to developing quali- (II) the Girl Scouts of the United States of Boy Scout Jamboree. ties, such as patriotism, integrity, loy- America; ‘‘(2) The Secretary of Defense may waive (III) the Boys Clubs of America; paragraph (1), if the Secretary— alty, honesty, and other values, in our (IV) the Girls Clubs of America; ‘‘(A) determines that providing the support Nation’s boys and young men. Part of (V) the Young Men’s Christian Association; subject to paragraph (1) would be detri- that development is asking them to ac- (VI) the Young Women’s Christian Associa- mental to the national security of the knowledge a higher authority regard- tion; United States; and less of denomination. (VII) the Civil Air Patrol; ‘‘(B) reports such a determination to the We do this every day in the Senate (VIII) the United States Olympic Com- Congress in a timely manner, and before when we open the Senate floor each mittee; such support is not provided.’’. morning, when we take our oaths of of- (IX) the Special Olympics; (d) EQUAL ACCESS FOR YOUTH ORGANIZA- fice, when our young men and women (X) Campfire USA; TIONS.—Section 109 of the Housing and Com- (XI) the Young Marines; munity Development Act of 1974 (42 U.S.C. enlist in the Armed Forces—and the (XII) the Naval Sea Cadets Corps; 5309) is amended— list goes on. Such acknowledgement (XIII) 4-H Clubs; (1) in the first sentence of subsection (b) by and respect is an integral part of our (XIV) the Police Athletic League; inserting ‘‘or (e)’’ after ‘‘subsection (a)’’; and culture, our values, and our traditions. (XV) Big Brothers—Big Sisters of America; (2) by adding at the end the following: A decision was recently reached in and ‘‘(e) EQUAL ACCESS.— this case. A U.S. district court in Chi- (XVI) National Guard Youth Challenge. ‘‘(1) DEFINITION.—In this subsection, the cago ruled that Pentagon support of (2) IN GENERAL.— term ‘youth organization’ means any organi- the Scouts violates the establishment (A) SUPPORT FOR YOUTH ORGANIZATIONS.— zation described under part B of subtitle II of No Federal law (including any rule, regula- title 36, United States Code, that is intended clause and, therefore, the Defense De- tion, directive, instruction, or order) shall be to serve individuals under the age of 21 partment is prohibited from providing construed to limit any Federal agency from years. support to the Scouts at future jam- providing any form of support for a youth or- ‘‘(2) IN GENERAL.—No State or unit of gen- borees. ganization (including the Boy Scouts of eral local government that has a designated The timing of this ruling simply America or any group officially affiliated open forum, limited public forum, or non- could not be worse. On Monday, July with the Boy Scouts of America) that would public forum and that is a recipient of assist- result in that Federal agency providing less 25, thousands of Scouts from around ance under this chapter shall deny equal ac- the country will be arriving at Fort AP support to that youth organization (or any cess or a fair opportunity to meet to, or dis- similar organization chartered under the criminate against, any youth organization, Hill, close by, in Virginia. The event chapter of title 36, United States Code, relat- including the Boy Scouts of America or any will draw 40,000 Scouts and their lead- ing to that youth organization) than was group officially affiliated with the Boy ers and many more proud families, provided during the preceding fiscal year. Scouts of America, that wishes to conduct a moms and dads. (B) TYPES OF SUPPORT.—Support described meeting or otherwise participate in that des- This latest ruling is part of a series under this paragraph shall include— ignated open forum, limited public forum, or of attempts to undermine Scouting’s (i) holding meetings, camping events, or nonpublic forum.’’. other activities on Federal property; interaction with government in Amer- (ii) hosting any official event of such orga- Mr. FRIST. Mr. President, this ica at all levels. The effect of these at- nization; amendment deals with an issue I have tempts of exclusion at the Federal, (iii) loaning equipment; and been working on with a number of Sen- State, and local levels could be far- (iv) providing personnel services and ators for a long period of time, many reaching. Already, it has had a chilling logistical support. months. It deals with an organization I effect on government relationships (c) SUPPORT FOR SCOUT JAMBOREES.— have been involved with for my entire with Scouts, and it is the greatest legal (1) FINDINGS.—Congress makes the fol- life—myself and my three boys. The or- lowing findings: challenge facing Boy Scouts today. (A) Section 8 of article I of the Constitu- ganization is the Boy Scouts of Amer- The Support Our Scouts Act of 2005 tion of the United States commits exclu- ica. addresses these issues. To begin with, sively to Congress the powers to raise and I am proud to offer the Support Our my amendment makes clear that the support armies, provide and maintain a Scouts Act of 2005 as an amendment to Congress regards the Boy Scouts to be Navy, and make rules for the government the Defense authorization bill. This a youth organization that should be and regulation of the land and naval forces. legislation will ensure that the Defense treated the same as other national (B) Under those powers conferred by sec- Department will continue to provide youth organizations. tion 8 of article I of the Constitution of the the Scouts the type of support it has Second, this bill asserts the view of United States to provide, support, and main- tain the Armed Forces, it lies within the dis- provided in the past, including jam- the Congress that Pentagon support to cretion of Congress to provide opportunities borees on bases. the Scouts at their jamborees, as well to train the Armed Forces. Pentagon support for Scouts is cur- as similar support to other youth orga- (C) The primary purpose of the Armed rently authorized in U.S. law. nizations, is important to the training Forces is to defend our national security and This bill also ensures Scouts have of our Armed Forces. It contributes prepare for combat should the need arise. equal access to public facilities, fo- to—it does not detract from—their (D) One of the most critical elements in de- rums, and programs that are open to a readiness. fending the Nation and preparing for combat variety of other youth organizations Third, my amendment removes any is training in conditions that simulate the and community organizations. Boy preparation, logistics, and leadership re- doubt that Federal agencies may wel- quired for defense and combat. Scouts, like other nonprofit youth or- come Scouts to hold meetings, go (E) Support for youth organization events ganizations, depend on the ability to camping on Federal property, or hold simulates the preparation, logistics, and use public facilities and to participate Scouting events in public forums at leadership required for defending our na- in these programs and forums. Why am any level. tional security and preparing for combat. I offering this legislation? Since the The Scout bill has been discussed (F) For example, Boy Scouts of America’s Supreme Court decided Boy Scouts of with the Defense Department. While it National Scout Jamboree is a unique train- America v. Dale, Boy Scouts of Amer- includes language that establishes ing event for the Armed Forces, as it re- ica’s relationships with government at baseline Pentagon support for Scouting quires the construction, maintenance, and disassembly of a ‘‘tent city’’ capable of sup- all levels have been the target of mul- activities, it also offers the Secretary porting tens of thousands of people for a tiple lawsuits. of Defense some flexibility in its appli- week or longer. Camporees at the United The Federal Government has been de- cation. States Military Academy for Girl Scouts and fending a lawsuit brought by the ACLU Since 1910, Boy Scout membership Boy Scouts provide similar training opportu- aimed at severing the ties between Boy has totaled more than 110 million nities on a smaller scale. Scouts and the Departments of Defense young Americans. Today, more than 3.2 (2) SUPPORT.—Section 2554 of title 10, and HUD. The ACLU of Illinois claims million young people and 1.2 million United States Code, is amended by adding at that Defense Department sponsorship adults are members of the Boy Scouts the end the following: ‘‘(i)(1) The Secretary of Defense shall pro- violates the first amendment because and are dedicated to fulfilling the Boy vide at least the same level of support under the Scouts are a religious organization. Scouts’ mission. This unique American this section for a national or world Boy This is a red herring. institution is committed to preparing

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It is has developed millions of Americans carrying their banners, and the parents the center of one of the Boy Scouts’ into superb citizens and future leaders. were all seated under the trees watch- most important adventure outdoor pro- Today, there are more than 40 Mem- ing this rally. It was a spectacle to be- grams. Whether they are there in the bers of the Senate and more than 150 hold. It was a marvelous experience. winter, when it is 20 below, or in July, Members of the House of Representa- So again, Mr. President, I encourage when there are a lot of mosquitos, tives who have been directly involved other Senators to join our distin- these young men learn to take care of in Scouting. I was a Boy Scout. As I guished leader in support of this legis- themselves outdoors. mentioned, my three boys, Harrison, lation. Every year for as long as I can re- Jonathan, and Bryan, all were Scouts The PRESIDING OFFICER. The Sen- member, the Boy Scouts have looked as well. Scouting is a great American ator from Tennessee is recognized. forward to going to the jamborees, tradition that has been shared by Mr. ALEXANDER. Mr. President, I which are often held on Federal prop- countless families over many decades. am an original cosponsor of Senator erty. It is often a highlight in the lives I believe this amendment will receive FRIST’s legislation, which we call the of these young men. They look forward broad, bipartisan support in both the Save Our Scouts Act of 2005. I will take to it for several years. The adult Senate and the House. I believe we will a minute to say to my colleagues why scoutmasters go with them. pass it this year. It currently has over I think the bill is important and why I Mr. President, it makes no sense 50 cosponsors in this body. I encourage am glad to be an original cosponsor. I whatsoever to restrict, in any way, the others to come and cosponsor this bill grew up in Maryville, TN, at the edge Boy Scouts from using national parks, and to come to the floor and speak on of the Great Smoky Mountains Na- national forests, the Oak Ridge Na- behalf of our Scouts. tional Park—then a town of about tional Laboratory, Air Force bases, I encourage Scout supporters—in- 15,000. Every Monday night, all year State parks, and city parks. deed, all Americans—to contact their long, as soon as I was 11 years old, we What do the Boy Scouts do? I tell Senators and Representatives and ask went down to the new Providence Pres- you what it did for me. It tried to build them to support the Support Our byterian Church at 7 p.m. for a meeting some character. I can still say the Scouts Act of 2005. I do urge all my of Troop 88 of the Boy Scouts of Amer- words: Trustworthy, loyal, helpful, Senate colleagues to vote for the young ica. There wasn’t a lot of nonsense. It friendly, courteous, kind. There are 12 boys and girls who are following in the started at 7 and was over at 8. Our pri- of them. I did not always live up to worthy Scouting tradition. A vote for mary goal was to get organized for out- them, but they were taught to me. this amendment will be a vote for door activities. At least once a The Boy Scouts taught me about my them. month—sometimes twice a month—we country. I earned my God and Country The PRESIDING OFFICER. The Sen- were away from the church and were award before I got my Eagle Scout. It ator from Virginia. very active. Most often, we went into taught me about this country and what Mr. WARNER. Mr. President, I com- the Great Smoky Mountains National it means to be an American. It taught mend the distinguished majority lead- Park. Sometimes we went down the me to love the great American out- er, and I associate myself with his re- road to the Cherokee National Forest. doors, which I have always kept and marks and this report. I can remember on several occasions imparted to my children because we I just looked at one thing, and the when we went to the Oak Ridge Na- spent almost every weekend in the staff advised me that the terms ‘‘Boy tional Laboratory, which was a source Great Smoky Mountains National Park Scouts’’ and ‘‘Girl Scouts’’ embrace of great wonderment to us that close to or Cherokee National Forest. what is known as the Cub Scouts. I the end of World War II. Sometimes we I don’t want the young men of the want to make sure my understanding went to Knoxville to the Tennessee day and their volunteer leaders to be is correct that was the intention of our Valley Authority, another government kept out of the Great Smokies and the distinguished leader, because a lot of agency known worldwide. We learned TVA and the schools and the city families are very active in those orga- from that. I can remember several parks. I don’t want those volunteer nizations. times we went to the Air Force base, leaders, who are small business people Mr. FRIST. Mr. President, I say to another Federal installation. There are in Maryville, TN, who work at the the Senator, indeed it is, Mr. Chair- a lot of State and local government Alcoa plant—they don’t have the man. The Cub Scouts badges and uni- places we would go in Troop 88. Some- money or time to go to court to argue form is one I wore and, indeed, my times we met at West Side Elementary with people about whether those young three boys wore, Harrison, Jonathan, School or Maryville High School. boys have a right to go there. and Bryan. It is that introduction to Sometimes we went to the courthouse. This is a very important piece of leg- Scouts that most of us first experience. I remember seeing a great attorney, islation. In this country today, most Indeed, it is. Ray Jenkins, waving a bloody wrench people would say, when looking at our Mr. WARNER. Mr. President, I thank in his hand trying to convict a mur- children, there is nothing they need our distinguished leader. I, too, have derer as a special prosecutor in a fam- more than mentors, and the Boy had a very modest career in the Scouts. ily dispute. I was cowering behind the Scouts, just like the Girl Scouts, pro- I was sort of attenuated when I left and jury box watching this great lawyer vide that. Look at our schools today. joined the Navy in World War II. So I carry on. We were there in a public Our worst score of high school seniors never attained any special recognition. building. Sometimes we camped in the is in U.S. history. At least in the Boy But I must say that the training that city parks. Sometimes we went to the Scouts you learn something about the was given to me helped me enormously State parks. principles that unite us as Americans. in my early training in the military be- My point is that all of these places Our outdoors are under constant cause first you learned discipline, then we went in Troop 88, whether it was the threat. In the Boy Scouts of America, you learned regimentation. You Great Smoky Mountains National we are constantly building tens of learned the concept of sharing with Park, or any of the others I mentioned, thousands of young men who love the others, the need to work with your fel- those are public places. Ever since the outdoors, know how to take care of it, low Scouts. It is a magnificent organi- Supreme Court made its decision in the have an environmental ethic and use zation. I am so glad you have done this. Boy Scouts of America v. Dale case, that for the rest of their lives. I also must say I have attended the the relationship of the Boy Scouts of I am glad we have a majority leader rally in Virginia to which you referred. America with government at all levels who is a Boy Scout. I am glad we have I will never forget waiting, as one of has been the target of multiple law- more than half the Senate who are co- the several speakers. I was a most in- suits. That is not just the case for boys sponsors of this legislation. I hope the consequential speaker because a world- growing up in Maryville, TN. result of this legislation will remove

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And it says to State and the great work they do. training in America today. local governments that in denying Sadly, as the following excerpt from We should seek to aid, not impede, equal access to the public venues to a July 20, 2005, Wall Street Journal edi- groups that promote values such as scouts, they will risk some of their torial demonstrates, these great orga- duty to God and country, faith and Federal funds if they continue to do nizations have come under attack. The family, and public service and sac- that. column from this respected publication rifice, which are deeply ingrained in The Boy Scouts of America is one of explains that: the oath of every Scout. To fail to sup- the preeminent valuable organizations Because the Scouts require members to port such values would allow the very in this country, and I am proud to be ‘‘privately exercise their religious faith as fabric of America, which has brought an original cosponsor of the Support directed by their families and religious advi- us to this great place in history, to be Our Scouts Act of 2005. sors,’’ the ACLU petitioned the court to de- destroyed. I yield the floor. clare the organization ‘‘theistic’’ and ‘‘perva- Today, with more than 3.2 million Mr. WARNER. Mr. President, I wish sively sectarian.’’ Judge Blanche Manning youth members, and more than 1.2 mil- didn’t go quite that far last month, but she to thank our distinguished colleague did rule it an overtly religious association lion adult volunteers, we can certainly from Tennessee. I listened carefully to because it ‘‘excludes atheists and agnostics say that the Boy Scouts of America his remarks. It did evoke memories of from membership.’’ She ordered the Army to has positively impacted the lives of this humble Senator when I had a rath- expel the next Jamboree from Fort A.P. Hill generations of boys, preparing them to er inauspicious career in the Boy in 2010, by which time we trust the Seventh be men of great character and values. Scouts. Nevertheless, they did a lot Circuit Court of Appeals will have over- Remarkably, Boy Scout membership more for me than I did for them. turned her decision. since 1910 totals more than 110 million. I remember the jamborees. I can re- I hope this unfortunate decision is I am proud to report that in Okla- member very well on our first encamp- overturned as well. homa we have a total youth participa- ment filling a tick bag full of barn As Senator FRIST has said, this legis- tion of nearly 75,000 boys; and in Okla- straw which we used for a mattress. I lation will specifically ensure that the homa City alone, we have about 7,000 was greatly impressed with that. Department of Defense can and will adult volunteers. The PRESIDING OFFICER. The Sen- continue to provide the Scouts the These young men have helped serve ator from Oklahoma. type of support it has provided in the communities all over our State with Mr. INHOFE. Mr. President, let me past. Moreover, the Scouts would be programs such as Helping Hands for also join Senator FRIST in this legisla- permitted equal access to public facili- Heroes, a program where Scouts help tion. I believe it is very significant. I ties, forums, and programs that are military families whose loved ones are spoke last April on the Senate floor on open to a variety of other youth or serving overseas. These young men behalf of this issue, and I am proud to community organizations. have cut grass, cleaned homes, taken do so again with this amendment. It is enormously regrettable to me out the garbage, and walked dogs. Sadly, since my previous speech, that the Scouts have come under at- What a great service for our soldiers, there has been a recent Federal court tack from aggressive liberal groups sailors, airmen, and marines and their ruling against the Pentagon’s support blatantly pushing their own social families. Our Boy Scouts have also for the National Boy Scout Jamboree, agendas and become the target of law- served as ushers and first-aid respond- which occurs every 4 years and attracts suits by organizations that are more ers at the University of Oklahoma foot- about 40,000 people. It will be taking concerned with pushing these liberal ball games for more than 50 years. place on July 25. agendas than sincerely helping our Notably, Scouts in my State have In her decision, a Federal judge in youth. also shared a long and proud history of Chicago ruled that a statute permit- Rather than protecting our religious cooperation and partnership with mili- ting the military to lend support for freedoms, these groups are clearly bent tary installations in Oklahoma. Fur- the National Scout Jamboree violates on discriminating against any organi- thermore, events, such as the National the establishment clause of the Con- zation that has faith as one of its te- Jamboree, allow an opportunity to ex- stitution. nets. pose large numbers of young Ameri- In short, the judge ruled that Pen- Thus, today, the Federal Government cans to our great military in a time tagon funding is unconstitutional be- continues to defend the lawsuit aimed when fewer and fewer receive such ex- cause the Boy Scouts are a religious at severing traditional ties between the posure. I believe this is a very good organization as it requires Scouts to Boy Scouts and the Departments of De- thing, and I will fight to see that it affirm a belief in God. I will speak fense and Housing and Urban Develop- continues. more on this later. ment. Given all this, I hope my colleagues However, it is clear to me that for What is more, Scouts have been ex- will join me in defending this organiza- more than 90 years, the Boy Scouts cluded by certain State and local gov- tion and others like it. We must not be have benefited our youth and helped ernments from utilizing public facili- afraid to support our youth and organi- produce some of the best and brightest ties, forums and programs, which are zations like the Boy Scouts that sup- leaders in our country. I believe we open to other groups. port them. must reaffirm our support for the vital It is certainly disappointing and, As the Wall Street Journal editorial work they have done and continue to frankly frustrating that we have that I mentioned previously argued: do. Like many of my friends here, I was reached a point where groups such as The values the Scouts embody are vital to a Boy Scout many years ago. the ACLU are far more interested in the national good and in need today, more As a result of the great work they do, tearing down great institutions like than ever. I was pleased to be an original cospon- the Boy Scouts than helping foster I agree and am proud to rise in sup- sor of S. 642, the Support Our Scouts character and values in our young men. port today and always for this great Act of 2005, as well as this amendment. I am tired of these tactics. It is very cause. I had at one time considered intro- disturbing to me that these groups un- Mr. President, I yield the floor. ducing my own bill on this very impor- abashedly attack organizations, re- ∑ Mr. ALLARD. Mr. President, I rise tant matter. However, I was so pleased gardless of the good they do or the sup- today in support of the Boy Scouts of with the substance of this bill that I port they have from the vast majority America and the Support Our Scouts was proud to add my name as a cospon- of Americans, simply to further their Act of 2005 amendment being offered by sor, and I again thank Senator FRIST own subjective social agendas. majority leader Frist. for his efforts on this issue. I, for one, am saddened that the Boy I support the Boy Scouts of America As you may know, this bill, and now Scouts of America has been the most and its goals. I was fortunate to be able this amendment, address efforts by recent target of these frivolous law- to have most of the same experiences some groups to prevent Federal agen- suits. I reject any arguments that the and training offered by the Boy Scouts

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8606 CONGRESSIONAL RECORD — SENATE July 21, 2005 as I grew up. My boyhood on a ranch in Mr. ENZI. Mr. President, I rise in ple, and Fort A.P. Hill has been made Walden, CO, offered me the chance to support of amendment No. 1342, the the permanent site of the gatherings. develop the outdoor skills and nature Support Our Scouts Act, offered by my But now the courts are trying to say appreciation that are so much a part of distinguished colleague from Ten- that this is unconstitutional. Scouting. As a child I also learned nessee, Senator FRIST. The amendment It isn’t just military facilities; it is much about patriotism, community was intended to be simple and straight- Federal facilities. A couple of years service, religion, political involvement forward in its purpose, to ensure the ago, we had an opportunity to debate and civic responsibility—the intellec- Department of Defense can continue to this again on floor, and it had to do tual development stressed by the Boy support youth organizations, including with the Smithsonian. Scouts. As a veterinarian I often served the Boy Scouts of America, without Some Boy Scouts requested they be as an advisor to the Scouts on a vari- fear of frivolous lawsuits. The dollars able to do the Eagle Scout Court of ety of issues relating to animal care that are being spent on litigation Honor at the National Zoo and were de- and health. Americans all over our Na- ought to be spent on programs for the nied. Why? The determination by the tion contribute and are touched by this youth. Every time we see a group like legal staff of the Smithsonian that great organization. the Boy Scouts, that will teach char- Scouts discriminate because of their On July 25 through August 3, Boy acter and take care of the community, support for and encouragement for the Scouts from all over the Nation will we ought to do everything we can to spiritual life of their members. Specifi- gather at Fort A.P. Hill in Virginia for promote it. cally, they embrace the concept that their National Scout Jamboree. This This Saturday, over 40,000 Boy Scouts the universe was created by a supreme opportunity is time to celebrate scout- from around the Nation will meet at being, although we surely point out ing and the strong ideals it instills in Fort A.P. Hill in Virginia for the Na- Scouts do not endorse or require a sin- it’s youth. tional Scout Jamboree. This event pro- gle belief or any particular faith’s God. Boy Scouts of America, like other vides a unique opportunity for the The mere fact they asked you to be- nonprofit youth organizations, depend military and civilian communities to lieve in and try to foster a relationship on the use of these public facilities for help our young men gain a greater un- with a supreme being who created the various programs and forums. Boy derstanding of patriotism, comrade- universe was enough to disqualify Scouts of America have had a long and ship, and self-confidence. them. positive relationship with the Depart- Since the first jamboree was held at I read that portion of the letter ments of Defense and Housing and the base of the Washington Monument twice. I had just visited the National Urban Development. This relationship in 1937, more than 600,000 Scouts and Archives and read the original docu- leaders have participated in the na- has fostered responsible fun and adven- ment signed by our Founding Fathers. tional events. I attended the jamboree ture to the more than 3 million boys It is a good thing they hadn’t asked to at Valley Forge in 1957. sign the Declaration of Independence and 1 million adult volunteers around Boy Scouts has been a part of my the country. education. I am an Eagle Scout. I am at the National Zoo. However, since the U.S. Supreme This happens in the schools across pleased to say my son was in Scouts. Court decided Boy Scouts of America, the country. Other requests have been He is an Eagle Scout. Boy Scouts is an BSA v. Dale, the Boy Scout’s relation- denied. They were also told they were education. It is an education in possi- ships with Government has been the not relevant to the National Zoo. bilities for careers. I can think of no target of frivolous lawsuits. Currently, That is kind of a fascinating experi- substitution for the 6 million boys in ment in words. I did look to see what State and local Governments are ac- Scouts and the millions who have pre- other sorts of things had been done tively excluding Boy Scouts from using ceded them. There are dozens on both there and found they had a Washington public facilities, forums, and programs. sides of the aisle who have been Boy These are resources that are available Scouts. I say it is part of my education Singers musical concert, and the Wash- to a variety of other youth or commu- because each of the badges that is ington premiers for both the ‘‘Lion nity organizations. Today access by earned, each of the merit badges that is King’’ and ‘‘Batman.’’ Clearly, rel- the Scouts has been unfairly limited earned, is an education. I tell evance was not a determining factor in because of the Boy Scout’s unwavering schoolkids as I go across my State and those decisions. acknowledgment of God. across my country that even though at But the Boy Scouts have done some As we fight to prevent court involve- times I took courses or merit badges or particular things in conservation that ment from changing our founding docu- programs that I didn’t see where I are important, in conservation tied in ments and other symbols of our na- would ever have a use for them, by now with the zoo. In fact, the founder of the tional heritage we must also support I have had a use for them and wish I National Zoo was Dr. William and protect the heritage of Boy Scouts had paid more attention at the time I Hornaday. He is one of the people who of America. Citizenship, service, and was doing it. was involved in some of the special leadership are important values on I always liked a merit badge pam- conservation movements and has one which the Boy Scouts of America was phlet on my desk called ‘‘Entrepre- of the conservation badges of Scouts built. The ability of the Boy Scouts to neurship.’’ It is the hardest Boy Scout named after him. instill young people with values and badge to earn. It is one of the most im- If the situations did not arise, this ethical character must remain intact portant ones. I believe small business amendment would not come up. But for future generations. The Boy Scouts is the future of our country. Boy they do. of America is a permanent fixture in Scouts promote small business through In 2001, I worked with Senator Helms our culture and no court ruling can or their internship merit badge. Why to pass a similar amendment requiring should attempt to diminish their rights would it be the toughest to get? Not that the Boy Scouts are treated fairly, to equal access. only do you have to figure out a plan, as any other organization, in their ef- This amendment’s mission is to en- devise a business plan, figure how to fi- forts to hold meetings on public school sure that the Boy Scouts are treated nance it, but the final requirement for property. This amendment clarified the equally. I feel the Boy Scouts have the badge is to start a business. difference between support and dis- been unfairly singled out. It is impor- I could go on and on through the list crimination, and it has been successful tant to guarantee their right to equal of merit badges required in order to get in preventing future unnecessary law- access of public facilities, forums, and an Eagle badge. There are millions of suits. The Frist amendment is similar programs so that the Boy Scout of boys in this country who are doing that to the Helms amendment and will help America can continue to serve Amer- and will be doing that. They do need prevent future confusion. ica’s communities and families for a places to meet. They are being dis- Again and again, the Scouts have had better tomorrow. criminated against. They are being to use the courts to assure that they Please join me in supporting the Boy told they cannot use military facili- were not discriminated against. I am Scouts of America and majority leader ties, even for their national jamborees. pretty sure everybody in America rec- Frist’s Support Our Scouts amendment These jamborees have become a great ognizes if you have to use the courts to to the Defense Appropriations bill.∑ American tradition for our young peo- get your rights to use school buildings,

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8607 military bases, or other facilities, it court in determining what the Con- (B) LIMITATION.—Amounts available under costs money. It costs time. This stitution means. So we do not have any paragraph (1) may not be allocated under amendment eliminates that cost and objection to it. subparagraph (A) until the Secretary cer- eliminates that time, to allow all na- The PRESIDING OFFICER. Is there tifies to the congressional defense commit- tees that the Army has a validated require- tionally recognized youth organiza- further debate on the amendment? ment for procurement for a purpose specified tions to have the same rights. The Senator from Virginia. in paragraph (1) based on a statement of ur- The legal system is very important AMENDMENT NO. 1314 gent needs from a commander of a combat- in the country but it has some inter- Mr. WARNER. Mr. President, in con- ant command. esting repercussions. Our system of sultation with the majority leader and (C) REPORTS.—Not later than 15 days after lawsuits, which sometimes are called the distinguished Senator from Michi- an allocation of funds is made under sub- the legal lottery of this country, allow gan, as to the amendment by Senator paragraph (A), the Secretary shall submit to people who think they have been the congressional defense committees a re- FRIST, I ask unanimous consent that port describing such allocation of funds. harmed to try to point out who harmed the amendment be laid aside and that SEC. 1404. NAVY AND MARINE CORPS PROCURE- them and get money for doing that. It we return to my amendment No. 1314. MENT. has had some difficulties for the Boy The PRESIDING OFFICER. Without (a) NAVY.—Funds are hereby authorized to Scouts. objection, it is so ordered. be appropriated for fiscal year 2006 for the I remember when my son was in the Mr. WARNER. On that matter, it is procurement accounts of the Navy in Scouts their annual fundraiser was contemplated now that we will have a amounts as follows: selling Christmas trees. One of the re- vote in relation to the Warner amend- (1) For aircraft, $183,800,000. quirements when they were selling ment regarding the wheeled motor ve- (2) For weapons, including missiles and Christmas trees was that the boys sell- torpedoes, $165,500,000. hicles, armored, today at 12:30. (3) For other procurement, $30,800,000. ing trees at the lot had to be accom- The PRESIDING OFFICER. The Sen- (b) MARINE CORPS.—Funds are hereby au- panied by two adults not from the ator from Michigan. thorized to be appropriated for fiscal year same family. Mr. LEVIN. Mr. President, we very 2006 for the procurement account for the Ma- I did not understand why we needed strongly support the Warner amend- rine Corps in the amount of $429,600,000. all of this adult supervision. It seemed ment. I ask unanimous consent that I (c) NAVY AND MARINE CORPS AMMUNITION.— as if one adult helping out at the lot be listed as a cosponsor of the Warner Funds are hereby authorized to be appro- would be sufficient. The answer was, priated for fiscal year 2006 for the procure- amendment. ment account for ammunition for the Navy they have been sued because if there The PRESIDING OFFICER. Without and the Marine Corps in the amount of was only one adult there and that adult objection, it is so ordered. $104,500,000. could be accused of abusing the boys. Mr. LEVIN. Mr. President, we under- (d) AVAILABILITY OF CERTAIN AMOUNTS.— Two adults provided some assurance stand there will be no second-degree (1) AVAILABILITY.—Of the amount author- that a lawsuit would not happen. amendments to the Warner amendment ized to be appropriated by subsection (b), The interesting thing is, it was just now. $340,400,000 shall be available for purposes as me and my son at the lot and we still I also ask unanimous consent that follows: (A) Procurement of up-armored high mo- had to have another adult in order to Senator KENNEDY be listed as a cospon- bility multipurpose wheeled vehicles (UAHs). keep the Boy Scouts from being sued. sor. (B) Procurement of wheeled vehicle add-on They run into some of the same dif- The PRESIDING OFFICER. Without armor protection, including armor for M1151/ ficulties with car caravans. objection, it is so ordered. M1152 high mobility multipurpose wheeled So the legal system of this country Mr. LEVIN. Mr. President, we are vehicles. has put them in the position where checking on Senator BAYH right now. (C) Procurement of M1151/M1152 high mo- they are doing some of the things that Mr. WARNER. I think it is impor- bility multipurpose wheeled vehicles. they are doing. The legal system of the tant. Senator BAYH has been very ac- (2) ALLOCATION OF FUNDS.— country has caused some of the dis- tive on this issue. (A) IN GENERAL.—Subject to subparagraph crimination that is done. (B), the Secretary of the Navy shall allocate AMENDMENT NO. 1314, AS MODIFIED the manner in which amounts available It is something we need to correct. Mr. President, I send to the desk a under paragraph (1) shall be available for the This discussion of the Frist amend- modification to my amendment in the purposes specified in that paragraph. ment is timely. U.S. District Judge nature of a technical modification. I (B) LIMITATION.—Amounts available under Blanche Manning recently ruled that believe it has been examined by the paragraph (1) may not be allocated under the Pentagon could no longer spend other side. This modification identifies subparagraph (A) until the Secretary cer- Government money to ready Fort A.P. an offset of $445.4 million from the tifies to the congressional defense commit- tees that the Marine Corps has a validated Hill for the National Boy Scout Jam- Iraqi Freedom Fund for this amend- boree. The Frist amendment would as- requirement for procurement for a purpose ment. specified in paragraph (1) based on a state- sure that our free speech protections The PRESIDING OFFICER. Without ment of urgent needs from a commander of a would also apply to the Boy Scouts of objection, it is so ordered. combatant command. America. The amendment, as modified, is as (C) REPORTS.—Not later than 15 days after The Boy Scouts of America is one of follows: an allocation of funds is made under sub- paragraph (A), the Secretary shall submit to the oldest and largest youth organiza- On page 303, strike line 3 and all that fol- the congressional defense committees a re- tions in the United States and the lows through page 304, line 24, and insert the port describing such allocation of funds. world today. The organization teaches following: its members to do their duty to God, to (3) For other procurement $376,700,000. SEC. 1404A. REDUCTION IN AUTHORIZATION OF APPROPRIATION FOR IRAQ FREE- (b) AVAILABILITY OF CERTAIN AMOUNTS.— love their country, and serve their fel- DOM FUND. low citizens. The Boy Scouts have (1) AVAILABILITY.—Of the amount author- The amount authorized to be appropriated formed the minds and hearts of mil- ized to be appropriated by subsection (a)(3), for fiscal year 2006 for the Iraq Freedom lions of Americans and prepared these $225,000,000 shall be available for purposes as Fund is the amount specified by section follows: 1409(a) of this Act, reduced by $445,400,000. boys and young men for the challenges (A) Procurement of up-armored high mo- they are sure to face the rest of their bility multipurpose wheeled vehicles (UAHs). Mr. WARNER. Mr. President, I ask lives. It is an essential part of Ameri- (B) Procurement of wheeled vehicle add-on unanimous consent that Senator cana. I urge my colleagues to join me armor protection, including armor for M1151/ DEWINE and Senator COLLINS be added in defending the Boy Scouts from con- M1152 high mobility multipurpose wheeled as cosponsors to the amendment. stitutional discrimination by sup- vehicles. The PRESIDING OFFICER. Without porting the Helms amendment. (C) Procurement of M1151/M1152 high mo- objection, it is so ordered. The PRESIDING OFFICER. The Sen- bility multipurpose wheeled vehicles. Mr. WARNER. Mr. President, this (2) ALLOCATION OF FUNDS.— ator from Michigan. amendment was debated yesterday. I (A) IN GENERAL.—Subject to subparagraph Mr. LEVIN. Mr. President, we have (B), the Secretary of the Army shall allocate see other Senators seeking recognition. no objection that I know of to this the manner in which amounts available From my perspective, the debate has amendment. It does not purport to under paragraph (1) shall be available for the been satisfied, unless there are other limit the jurisdiction of a Federal purposes specified in that paragraph. Senators.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8608 CONGRESSIONAL RECORD — SENATE July 21, 2005 Has the Chair ruled on the vote at Mr. WYDEN. I thank the chairman. that will allow other speakers under 12:30? I ask unanimous consent that the Mr. LEVIN. We appreciate that. the UC to be heard. I have three vote in relation to the Warner amend- The PRESIDING OFFICER. Without amendments I will be bringing up. ment No. 1314 regarding wheeled vehi- objection, it is so ordered. I first ask unanimous consent that cle armor occur today at 12:30 with no Mr. LEVIN. I wonder if we could lock Senator COLLINS be added as a cospon- second-degree amendments in order in an additional speaker. I ask unani- sor to amendment No. 1312 and that prior to the vote. mous consent that immediately prior Senator KYL be added as a cosponsor to The PRESIDING OFFICER. Without to the vote on the Warner amendment amendment No. 1313. objection, it is so ordered. at 12:30, Senator KENNEDY be recog- The PRESIDING OFFICER. Without The Senator from Oregon. nized for 5 minutes at 12:25. objection, it is so ordered. Mr. WYDEN. Mr. President, I had ap- The PRESIDING OFFICER. Is there AMENDMENT NO. 1311 proached the chairman to ask if I could objection? speak for a few minutes as in morning Mr. ALEXANDER. Reserving the Mr. INHOFE. Mr. President, is it nec- business and if it would be possible at right to object, I would like to be in essary to set aside the pending amend- this time for me to speak for up to 10 the queue before 12:30. ment for me to offer my amendment? minutes as in morning business. Mr. WARNER. I assure you that you The PRESIDING OFFICER. That is Mr. WARNER. I bring to the Sen- will have 5 minutes in that period of correct. ator’s attention, we did have that dis- time. If the Senator from Oklahoma Mr. INHOFE. I ask unanimous con- cussion. I didn’t, at the time, recognize could present his amendments, fol- sent that the pending amendment be the imminence of the vote. I see a col- lowed by the Senator from Maine, the set aside, and I send an amendment to league who does have an amendment in Senator from Tennessee, and then Sen- the desk, No. 1311, and ask for its im- relation to the bill. Therefore, I am ator KENNEDY. mediate consideration. hesitant to grant UC to go off the bill. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without Could I inquire of the Senator from ator from Michigan. objection, it is so ordered. Oklahoma? Mr. LEVIN. Mr. President, I am The clerk will report. Mr. INHOFE. I respond to the distin- afraid I didn’t hear that request. Are The legislative clerk read as follows: guished chairman that I do have three the speakers that have been identified amendments that are prepared and I The Senator from Oklahoma [Mr. INHOFE] speaking on the pending amendment? proposes an amendment numbered 1311. am ready to bring them up and get Mr. WARNER. Not the pending. In them into the system. I also have two other words, I desire not to go off the Mr. INHOFE. Mr. President, I ask UC requests. If I could be recognized bill to accommodate our friend from unanimous consent that reading of the for that purpose, I would appreciate Oregon. He has now been accommo- amendment be dispensed with. that. dated. We are looking at a period of The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, are roughly 40 minutes to be allocated objection, it is so ordered. there other colleagues who wish to ad- among three Senators who wish to The amendment is as follows: dress the Defense bill? Hopefully, we speak to matters in relation to this bill (Purpose: To protect the economic and can accommodate our colleague from and reserving at 12:25 that Senator energy security of the United States) Oregon. Let’s determine, procedurally, KENNEDY be recognized for a period of 5 At the appropriate place, insert the fol- the order in which matters in relation minutes. lowing: to this bill should be brought up. Mr. LEVIN. I ask unanimous consent Ms. COLLINS. Mr. President, I in- ECONOMIC AND ENERGY SECURITY that we add to that request that Sen- form the distinguished chairman that I SEC. l. Section 721 of the Defense Produc- ator LAUTENBERG then be recognized to was seeking 8 minutes to speak on the tion Act of 1950 (50 U.S.C. App. 2170) is offer an amendment immediately after underlying bill. amended— Mr. WARNER. I thank the Senator the speakers who have been identified. (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) from Maine. Mr. WARNER. Mr. President, we will do our very best to at least introduce as subparagraphs (A) and (B), respectively; Mr. ALEXANDER. Mr. President, I (B) by striking ‘‘The President’’ and insert- inform the chairman I would like to an amendment at that time. The PRESIDING OFFICER. Is there ing ‘‘(1) IN GENERAL.—The President’’; speak for 4 minutes on the Boy Scout (C) by inserting ‘‘, including national eco- amendment discussed, if time is avail- objection to Senator LAUTENBERG nomic and energy security,’’ after ‘‘national able after other Senators speak on the being added at the end of the three pre- security’’; underlying bill. vious speakers? (D) by adding at the end the following new Mr. WARNER. I thank the distin- Mr. WARNER. Might I inquire as to paragraph: guished Senator from Tennessee. I the amount of time the distinguished ‘‘(2) NOTICE AND WAIT REQUIREMENT.— bring to his attention that that meas- Senator from New Jersey might wish? ‘‘(A) NOTIFICATION OF APPROVAL.—The Mr. LAUTENBERG. I would like a President shall notify the appropriate con- ure has been laid aside. It doesn’t pre- gressional committees of each approval of clude his speaking to it, but we will see half-hour evenly divided on the amend- ment. We have 50 minutes left before a any proposed merger, acquisition, or take- what we can do. over that is investigated under paragraph (1). I ask my colleagues on this side, the vote. If I might say, could our distin- ‘‘(B) JOINT RESOLUTION OBJECTING TO Senator from Oregon, do you want 10 guished colleague be accommodated TRANSACTION.— minutes or 8 minutes? immediately after the vote, following ‘‘(i) DELAY PENDING CONSIDERATION OF RES- Mr. WYDEN. If the chairman could the Senator from Oregon? OLUTION.—A transaction described in sub- allow that, I would be appreciative. Why don’t I just lay it down and take paragraph (A) may not be consummated Mr. WARNER. I wonder if the distin- a couple minutes to talk about it. until 10 legislative days after the President guished Senator from Oklahoma could Mr. WARNER. Five minutes then. provides the notice required under such sub- Mr. LEVIN. He would just lay down paragraph. If a joint resolution objecting to proceed, followed by the Senator from the proposed transaction is introduced in ei- Maine, and then prior to the vote, if an amendment prior to Senator KEN- ther House of Congress by the chairman of you desire to do it before 12:30? NEDY speaking and then he would pick one of the appropriate congressional com- Mr. WYDEN. If that is at all possible. up after the vote. mittees during such period, the transaction Perhaps I will ask unanimous consent Mr. WARNER. I have no objection. may not be consummated until 30 legislative to speak for up to 10 minutes after the The PRESIDING OFFICER. Without days after such resolution. vote; would that be acceptable? objection, it is so ordered. ‘‘(ii) DISAPPROVAL UPON PASSAGE OF RESO- Mr. WARNER. I would like to ask my The Senator from Oklahoma is recog- LUTION.—If a joint resolution introduced colleague, the Senator from Michigan, nized. under clause (i) is agreed to by both Houses to concur in that UC, that following Mr. INHOFE. Mr. President, first, I of Congress, the transaction may not be con- summated.’’; the vote, the Senator from Oregon be thank the distinguished chairman of (E) in paragraph (1)(B) (as so designated by recognized for a period of not to exceed the Senate Armed Services Committee this paragraph), by striking ‘‘shall’’; 10 minutes, and we will go off the bill for allowing me to offer these amend- (2) in subsection (d), by striking ‘‘sub- for that purpose. ments. I will stay within a timeframe section (d)’’ and inserting ‘‘subsection (e)’’;

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8609 (3) in subsection (e), by striking ‘‘sub- the United States, CFIUS. I will state pass a resolution of disapproval and section (c)’’ and inserting ‘‘subsection (d)’’; this simply: CFIUS has not dem- thus stop an acquisition harmful to our (4) in subsection (f)(3), by inserting ‘‘, in- onstrated an appropriate conception of country. cluding national economic and energy secu- U.S. national security. I understand Third, the amendment calls for a re- rity,’’ after ‘‘national security’’; port on the security implications of (5) in subsection (g)— that Representatives HYDE, HUNTER (A) by striking ‘‘REPORT TO THE CONGRESS’’ and MANZULLO expressed similar views transactions on a monthly basis. There in the heading and inserting ‘‘REPORTS TO in a January letter to Treasury Sec- will also be a yearly report to the prop- CONGRESS’’; retary John Snow, the chairman of er congressional committees that will (B) by striking ‘‘The President’’ and insert- CFIUS. Of more than 1,500 cases of for- review the cumulative effect of our ing the following: ‘‘(1) REPORTS ON DETER- eign investments or acquisitions in the sales with China. MINATIONS.—The President’’; U.S., CFIUS has investigated only 24. The amendment also changes the (C) by adding at the end the following new And only one resulted in actually stop- name of the review mechanism to re- paragraph: flect the national security focus that it ‘‘(2) REPORTS ON CONSIDERED TRANS- ping the transaction. This lone dis- should be emphasizing. The new name ACTIONS.— approval, in February 1990, occurred ‘‘(A) IN GENERAL.—The President or the with respect to a transaction that had would be Committee on Foreign Acqui- President’s designee shall transmit to the already taken place—it took President sitions Affecting National Security, or appropriate congressional committees on a George H.W. Bush to stop the trans- CFAANS. Further, the designated monthly basis a report containing a detailed action and safeguard our national secu- chairman of the process would become summary and analysis of each transaction rity. the Secretary of Defense, also reflect- the consideration of which was completed by Another example of CFIUS falling ing the security focus that the process the Committee on Foreign Acquisitions Af- short is with Magnequench Inter- should be based on. fecting National Security since the most re- The foreign investment review proc- cent report. national Incorporated. In 1995 Chinese ess is vital to providing for U.S. secu- ‘‘(B) CONTENT.—Each report submitted corporations bought GM’s under subparagraph (A) shall include— Magnequench, a supplier of rare earth rity, particularly in relation to coun- ‘‘(i) a description of all of the elements of metals used in the guidance systems of tries such as China. However, it is in each transaction; and smart bombs. Over 12 years, the com- need of attention and changes no less ‘‘(ii) a description of the standards and cri- pany has been moved piecemeal to drastic than I have suggested here. teria used by the Committee to assess the mainland China, leaving the U.S. with We are going to have to do something impact of each transaction on national secu- about the performance of this organiza- rity. no domestic supplier of neodymium, a critical component of rare-earth tion. To do it, we will have to change ‘‘(C) FORM.—The reports submitted under the structure. I am going to be recom- subparagraph (A) shall be submitted in both magnets. CFIUS approved this trans- classified and unclassified form, and com- fer. The United States now buys rare mending that the chairman of CFIUS pany proprietary information shall be appro- earth metals, which are essential for no longer be the Secretary of the priately protected.’’; and precision-guided munitions, from one Treasury but be the Secretary of De- (D) by striking ‘‘of this Act’’; single country—China. fense, since they deal with very critical (6) in subsection (k)— Some experts believe that China’s national security issues. (A) by striking ‘‘QUADRENNIAL’’ in the economic policy is a purposeful at- AMENDMENT NO. 1312 heading and inserting ‘‘ANNUAL’’; and Mr. INHOFE. Mr. President, I ask (B) in paragraph (1)— tempt to undermine the U.S. industrial (i) by striking ‘‘upon the expiration of base and likewise, the defense indus- unanimous consent that the pending every 4 years’’ and inserting ‘‘annually’’; trial base. Perhaps it is hard to believe amendment be set aside, and I send (ii) in subparagraph (A), by striking ‘‘; that China’s economic manipulation is amendment No. 1312 to the desk and and’’ and inserting a semicolon; such a threat to our Nation. In re- ask for its immediate consideration. (iii) in subparagraph (B), by striking the sponse, I would like to read from the The PRESIDING OFFICER. Without period at the end and inserting ‘‘; and’’; and book ‘‘Unrestricted Warfare’’, written objection, it is so ordered. (iv) by adding at the end the following new by two PLA, People’s Liberation Army, The clerk will report. subparagraph: The legislative clerk read as follows: senior Colonels: ‘‘(C) evaluates the cumulative effect on na- The Senator from Oklahoma [Mr. INHOFE], Military threats are already no longer the tional security of foreign investment in the for himself and Ms. COLLINS, proposes an United States.’’; and major factors affecting national amendment numbered 1312. (7) by adding at the end the following new security... traditional factors are increas- subsections: ingly becoming more intertwined with grab- Mr. INHOFE. I ask unanimous con- ‘‘(l) APPROPRIATE CONGRESSIONAL COMMIT- bing resources contending for markets, con- sent that reading of the amendment be TEES DEFINED.—In this section, the term ‘ap- trolling capital, trade sanctions and other dispensed with. propriate congressional committees’ economic factors. The PRESIDING OFFICER. Without means— I have outlined in my earlier speech- objection, it is so ordered. ‘‘(1) the Committee on Banking, Housing, es how China is a clear threat. I believe The amendment is as follows: and Urban Affairs, the Committee on Armed it is. But I also believe that this threat (Purpose: To express the sense of Congress Services, the Select Committee on Intel- that the President should take immediate ligence, and the Committee on Appropria- can be addressed and allow a healthy, mutual growth for both our countries. steps to establish a plan to implement the tions of the Senate; and recommendations of the 2004 Report to ‘‘(2) the Committee on Financial Services, The CFIUS process is at the heart of Congress of the United States-China Eco- the Committee on Armed Services, the Per- this issue. Chairman of the US-China nomic and Security Review Commission) manent Select Committee on Intelligence, Economic and Security Review Com- At the end of title XII, insert the fol- and the Committee on Appropriations of the mission, Dick D’Amato, stated this lowing: House of Representatives. morning that the CFIUS process is SEC. 1205. THE UNITED STATES-CHINA ECO- ‘‘(m) DESIGNEE.—Notwithstanding any ‘‘broken.’’ This amendment is a step NOMIC AND SECURITY REVIEW COM- other provision of law, the designee of the MISSION. President for purposes of this section shall toward fixing the problems, enabling the foreign review to carry out its (a) FINDINGS.—Congress finds the fol- be known as the ‘Committee on Foreign Ac- lowing: quisitions Affecting National Security’, and function and truly protect our national (1) The 2004 Report to Congress of the such committee shall be chaired by the Sec- security. United States-China Economic and Security retary of Defense.’’. First, it clearly charges the commis- Review Commission states that— Mr. INHOFE. Mr. President, as a sion with measuring energy and eco- (A) China’s State-Owned Enterprises practical and timely step toward ad- nomic security as fundamental aspects (SOEs) lack adequate disclosure standards, dressing problems with China, I am in- of national security. which creates the potential for United States troducing amendment No. 1311. This Second, it brings congressional over- investors to unwittingly contribute to enter- amendment addresses the review proc- sight into the foreign investment re- prises that are involved in activities harmful to United States security interests; ess of foreign acquisitions in the U.S. view process. After a 10-day review pe- (B) United States influence and vital long- The review of controversial buys, such riod, an oversight committee chairman term interests in Asia are being challenged as the CNOOC, currently falls to the can extend the review period to 30 by China’s robust regional economic engage- Committee on Foreign Investment in days. Congress then has the option to ment and diplomacy;

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8610 CONGRESSIONAL RECORD — SENATE July 21, 2005 (C) the assistance of China and North Korea’s commercial export of ballistic mis- The administration should provide a com- Korea to global ballistic missile prolifera- siles. prehensive annual report to the appropriate tion is extensive and ongoing; (E) Actions to encourage the creation of a committees of Congress on the nature and (D) China’s transfers of technology and new United Nations framework for moni- scope of foreign military sales to China, par- components for weapons of mass destruction toring the proliferation of WMD and their ticularly sales by Russia and Israel. (WMD) and their delivery systems to coun- delivery systems in conformance with mem- (L) Any additional actions outlined in the tries of concern, including countries that ber nations’ obligations under the Nuclear 2004 Report to Congress of the United States- support acts of international terrorism, has Non-Proliferation Treaty, the Biological China Economic and Security Review Com- helped create a new tier of countries with Weapons Convention, and the Chemical mission that affect the economic or national the capability to produce WMD and ballistic Weapons Convention. The new monitoring security of the United States. missiles; body should be delegated authority to apply Mr. INHOFE. In October of 2000, Con- (E) the removal of the European Union sanctions to countries violating these trea- gress established the United States- ties in a timely manner, or, alternatively, arms embargo against China that is cur- China Security Economic Review Com- rently under consideration in the European should be required to report all violations in Union would accelerate weapons moderniza- a timely manner to the Security Council for mission to act as a bipartisan author- tion and dramatically enhance Chinese mili- discussion and sanctions. ity on how our relationship with China tary capabilities; (F) Actions by the administration to con- affects our economy and industrial (F) China’s recent actions toward Taiwan duct a fresh assessment of the ‘‘One China’’ base and China’s military and weapons call into question China’s commitments to a policy, given the changing realities in China proliferation. I have read these rec- peaceful resolution; and Taiwan. This should include a review ommendations. I have given four 1- (G) China is developing a leading-edge of— hour speeches on the floor of the Sen- military with the objective of intimidating (i) the policy’s successes, failures, and con- tinued viability; ate concerning the recommendations. I Taiwan and deterring United States involve- think it is appropriate that we have ment in the Strait, and China’s qualitative (ii) whether changes may be needed in the and quantitative military advancements way the United States Government coordi- those recommendations incorporated have already resulted in a dramatic shift in nates its defense assistance to Taiwan, in- into the Defense authorization bill the cross-Strait military balance toward cluding the need for an enhanced operating under consideration at this time. My China; and relationship between United States and Tai- amendment 1312 puts these rec- (H) China’s growing energy needs are driv- wan defense officials and the establishment ommendations into place that I have ing China into bilateral arrangements that of a United States-Taiwan hotline for deal- ing with crisis situations; spoken on before in the Senate Cham- undermine multilateral efforts to stabilize ber. oil supplies and prices, and in some cases (iii) how United States policy can better support Taiwan’s breaking out of the inter- As I said, in October of 2000 Congress may involve dangerous weapons transfers. established the U.S.-China Security (2) On March 14, 2005, the National People’s national economic isolation that China Congress approved a law that would author- seeks to impose on it and whether this issue Economic Review Commission to act ize the use of force if Taiwan formally de- should be higher on the agenda in United as the bipartisan authority on how our States-China relations; and clares independence. relationship with China affects our (iv) economic and trade policy measures (b) SENSE OF CONGRESS.— economy, industrial base, China’s mili- that could help ameliorate Taiwan’s tary and weapons proliferation, and (1) PLAN.—The President is strongly urged marginalization in the Asian regional econ- to take immediate steps to establish a plan omy, including policy measures such as en- our influence in Asia. For the past 5 to implement the recommendations con- hanced United States-Taiwan bilateral trade years the commission has been holding tained in the 2004 Report to Congress of the arrangements that would include protections hearings and issuing annual reports to United States-China Economic and Security for labor rights, the environment, and other evaluate ‘‘the national security impli- Review Commission in order to correct the important United States interests. cations of the bilateral trade and eco- negative implications that a number of cur- (G) Actions by the Secretaries of State and nomic relationship between the United rent trends in United States-China relations Energy to consult with the International En- States and the People’s Republic of have for United States long-term economic ergy Agency with the objective of upgrading China.’’ Their job is to provide us in and national security interests. the current loose experience-sharing ar- (2) CONTENTS.—Such a plan should contain rangement, whereby China engages in some Congress with the necessary informa- the following: limited exchanges with the organization, to tion to make decisions about this com- (A) Actions to address China’s policy of a more structured arrangement whereby plex situation. However, I fear their re- undervaluing its currency, including— China would be obligated to develop a mean- ports have gone largely unnoticed. (i) encouraging China to provide for a sub- ingful strategic oil reserve, and coordinate In the most recent report, dated June stantial upward revaluation of the Chinese release of stocks in supply-disruption crises 2004, the commission makes this alarm- yuan against the United States dollar; or speculator-driven price spikes. ing opening statement: (ii) allowing the yuan to float against a (H) Actions by the administration to de- Based on our analysis to date, as docu- trade-weighted basket of currencies; and velop and publish a coordinated, comprehen- mented in detail in our Report, the Commis- (iii) concurrently encouraging United sive national policy and strategy designed to sion believes that a number of the current States trading partners with similar inter- meet China’s challenge to maintaining trends in U.S.-China relations have negative ests to join in these efforts. United States scientific and technological implications for our long-term economic and (B) Actions to make better use of the leadership and competitiveness in the same national security interests, and therefore World Trade Organization (WTO) dispute set- way the administration is presently required that U.S. policies in these areas are in need tlement mechanism and applicable United to develop and publish a national security of urgent attention and course corrections. States trade laws to redress China’s unfair strategy. trade practices, including China’s exchange (I) Actions to revise the law governing the As their report and recent news head- rate manipulation, denial of trading and dis- Committee on Foreign Investment in the lines show, China has continued on an tribution rights, lack of intellectual prop- United States (CFIUS), including expanding alarming course of expansion, in some erty rights protection, objectionable labor the definition of national security to include aspects threatening U.S. national secu- standards, subsidization of exports, and the potential impact on national economic rity. I have found the recommenda- forced technology transfers as a condition of security as a criterion to be reviewed, and tions in the commission’s 2004 Report doing business. The United States Trade transferring the chairmanship of CFIUS objective, necessary, and urgent, and I Representative should consult with our trad- from the Secretary of the Treasury to a am introducing an amendment to ex- ing partners regarding any trade dispute more appropriate executive branch agency. with China. (J) Actions by the President and the Secre- press our support for these viable steps. (C) Actions to encourage United States taries of State and Defense to press strongly This amendment expresses the sense of diplomatic efforts to identify and pursue ini- their European Union counterparts to main- the Senate that: China should reval- tiatives to revitalize United States engage- tain the EU arms embargo on China. uate its manipulated currency level ment with China’s Asian neighbors. The ini- (K) Actions by the administration to re- and allow it to float against other cur- tiatives should have a regional focus and strict foreign defense contractors, who sell rencies. In the Treasury Department’s complement bilateral efforts. The Asia-Pa- sensitive military use technology or weapons recent Report to Congress, China’s cific Economic Cooperation forum (APEC) systems to China, from participating in monetary policies are described as offers a ready mechanism for pursuit of such United States defense-related cooperative re- initiatives. search, development, and production pro- ‘‘highly distortionary and pose a risk (D) Actions by the administration to hold grams. Actions by the administration may to China’s economy, its trading part- China accountable for proliferation of pro- be targeted to cover only those technology ners, and global economic growth.’’ hibited technologies and to secure China’s areas involved in the transfer of military use Appropriate steps ought to be taken agreement to renew efforts to curtail North technology or weapons systems to China. through the World Trade Organization

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8611 to hold China accountable for its dubi- practices. They will develop unreliable (D) The nationality of each Assembly ous trade practices. Major problem oil sources and energy alliances with member, Assembly Council member, and Di- issues such as intellectual property countries that threaten international rectorate member of the International Com- rights have yet to be addressed. stability. They will continue to esca- mittee of the Red Cross, and the annual sal- ary of each. The U.S. should revitalize engage- late the situation over Taiwan, raising (E) A description of any activities of the ment in the Asian region, broadening the stakes in a game neither country International Committee of the Red Cross to our interaction with organizations like can win. In today’s world we see how determine the status of United States pris- ASEAN. Our lack of influence has been the unpaid bills of the past come back oners of war (POWs) or missing in action demonstrated by the Shanghai Co- to haunt us in full; ignoring these prob- (MIAs) who remain unaccounted for. operation Organization recently de- lems is unacceptable. As the China (F) A description of the efforts of the Inter- manding that we set a pullout deadline Commission states, national Committee of the Red Cross to as- sist United States prisoners of war. in Afghanistan. We need to use our substantial leverage to The administration ought to hold (G) A description of any expression of con- develop an architecture that will help avoid cern by the Department of State, or any China accountable for proliferating conflict, attempt to build cooperative prac- other department or agency of the Executive prohibited technologies. Chinese com- tices and institutions, and advance both Branch, that the International Committee of panies such as CPMIEC or NORINCO countries’ long-term interests. The United the Red Cross, or any organization or em- have been sanctioned frequently and States cannot lose sight of these important ployee of the International Committee, ex- goals, and must configure its policies toward ceeded the mandate of the International yet the Chinese government refuses to China to help make them materialize... If enforce their own nonproliferation Committee, violated established principles we falter in the use of our economic and po- or practices of the International Committee, agreements. litical influence now to effect positive The U.N. should monitor nuclear/bio- interpreted differently from the United change in China, we will have squandered an States any international law or treaty to logical/chemical treaties and either en- historic opportunity. which the United States is a state-party, or force these agreements or report them The U.S.-China Commission was cre- engaged in advocacy work that exceeded the to the Security Council. The U.S.- ated to give us in Congress a clear pic- mandate of the International Committee. China Commission has found that ture about what is going on—they have (2) The first report under subsection (a) China has undercut the U.N. many done their job. Now let’s do ours. shall include, in addition to the matters specified in paragraph (1) the following: areas, undermining what pressure AMENDMENT NO. 1313 we’ve tried to apply on problematic (A) The matters specified in subparagraphs Mr. INHOFE. Mr. President, I ask (A) and (G) of paragraph (1) for the period be- states such as Sudan or Zimbabwe. unanimous consent that the pending ginning on January 1, 1990, and ending on the The administration ought to review amendment be set aside for the pur- date of the enactment of this Act. the effectiveness of the ‘‘One China’’ poses of consideration of amendment (B) The matters specified in subparagraph policy in relation to Taiwan to reflect No. 1313 which I send to the desk. (E) of paragraph (1) for the period beginning the dynamic nature of the situation. The PRESIDING OFFICER. Without on January 1, 1947, and ending on the date of the enactment of this Act. Various energy agencies should en- objection, it is so ordered. courage China to develop a strategic (C) The matters specified in subparagraph The clerk will report. (F) of paragraph (1) during each of the Ko- oil reserve so as to avoid a disastrous The legislative clerk read as follows: oil crisis if availability should become rean conflict, the Vietnam era, and the Per- The Senator from Oklahoma [Mr. INHOFE], sian Gulf War. volatile. for himself and Mr. KYL, proposes an amend- (c) DEFINITIONS.—In this section, the terms The administration should develop ment numbered 1313. ‘‘Korean conflict’’, ‘‘Vietnam era’’, and ‘‘Per- and publish a national strategy to Mr. INHOFE. Mr. President, I ask sian Gulf War’’ have the meaning given such maintain U.S. scientific and techno- terms in section 101 of title 38, United States unanimous consent that reading of the logical leadership in regards to China’s Code. amendment be dispensed with. rapid growth in these fields. Mr. INHOFE. Mr. President, this is a The PRESIDING OFFICER. Without The Committee on Foreign Invest- very simple amendment. We have objection, it is so ordered. ment in the United States, CFIUS, talked about some of the problems that The amendment is as follows: should include national economic secu- have existed with the ICRC, the Inter- rity as a criterion for evaluation and (Purpose: To require an annual report on the national Committee on the Red Cross. use of United States funds with respect to the chairmanship to be transferred to a the activities and management of the I would like to make sure people under- more appropriate chair, allowing for International Committee of the Red Cross) stand we are not talking about the increased security precautions. At the end of title XII, add the following: American Red Cross. There have been The administration should continue SEC. 1205. ANNUAL REPORT ON THE INTER- problems that have come up. My first in its pressure on the EU to maintain NATIONAL COMMITTEE ON THE RED concern is for the American troops. its arms embargo on China. CROSS. The ICRC has been around since 1863 Penalties should be placed on foreign (a) ANNUAL REPORT REQUIRED.—Not later and has been there for American sol- contractors who sell sensitive military than 180 days after the date of the enactment diers, sailors, airmen, and Marines use technology or weapons systems to of this Act, and annually thereafter, the Sec- through two world wars. I thank them China from benefiting from U.S. de- retary of State shall, with the concurrence of the Secretary of Defense and the Attorney for that good work they did. Likewise, fense-related research, development General, submit to Congress the activities I thank all Americans for their mili- and production programs. The adminis- and management of the International Com- tary service to America. I did have oc- tration should also provide a report to mittee of the Red Cross (ICRC) meeting the casion to be in the Army. That was one Congress on the scope foreign military requirements set forth in subsection (b). of the best things that happened in my sales to China. (b) ELEMENTS OF REPORTS.—(1) Each report life. And finally, we should provide a under subsection (a) shall include, for the In my continuing preeminent con- broad consensus in support of the Com- one-year period ending on the date of such cern for American troops, however, I mission 2004 Report’s recommenda- report, the following: am compelled to note some concerns tions. (A) A description of the financial contribu- tions of the United States, and of any other and pose some questions about the The U.S.-China Economic and Secu- country, to the International Committee of drift in focus of the ICRC. In spite of rity Review Commission have done an the Red Cross. some of the things that have been very outstanding job providing us with a (B) A detailed description of the alloca- good that they have done in the past, clear picture of a very complex and se- tions of the funds available to the Inter- there have been some very serious rious situation. Unless our relationship national Committee of the Red Cross to problems. I think they need to be with China is backed up with strong international relief activities and inter- called to the attention of the Senate action they will never take us seri- national humanitarian law activities as de- and be made a part of this bill. ously. We will certainly see more viola- fined by the International Committee. Specifically, the ICRC has engaged in (C) A description of how United States con- tions of proliferation treaties. They tributions to the International Committee of efforts to reinterpret and expand inter- will continue to manipulate regional the Red Cross are allocated to the activities national law so as to afford terrorists and global trade through currency described in subparagraph (B) and to other and insurgents the same rights and undervaluation and other unhealthy activities. privileges as military personnel of

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What United States of not adhering to the lation of the approved interrogation damage are we doing to our war effort Geneva Conventions when the ICRC techniques authorized by Field Manual by parading these relatively minor in- itself has demonstrated reluctance to 3452 and DOD guidelines. fractions before the press and the world ensure that the Geneva Convention The small infractions found were again and again and again while our protections are afforded U.S. prisoners found by our own government, cor- soldiers risk their lives daily and are of war. rected and now reported. In all the given no mercy by the enemy? Neither the American Red Cross nor cases no further incidents occurred. We Our enemies exploit everything we do any other national Red Cross or Red have nothing to be ashamed of. What and everything we say. Al-Zarqawi, the Crescent Society is consulted by the other country attacked as we were other day, said to his followers, quote, ICRC or is in any way involved in the would exercise the same degree of self- ‘‘The Americans are living their worst ICRC’s policy decisions and state- criticism and restraint. days in Iraq now. Even Members of ments. The Government has remained Most, if not all, of these incidents are Congress have announced that the u.S. the ICRC’s single largest contributor at least a year old. I’m very impressed is losing the war in Iraq.’’ since its founding in 1990. The Govern- with the way the military, the FBI, Let us stop demoralizing our troops. ment has provided more than $1.5 bil- and other agencies have conducted I say let us support our troops in their lion in funding for the ICRC. Congress themselves. The report shows me that continuing humane treatment of the should request from the administration an incredible amount of restraint and detainees at Gitmo. and the GAO an examination of how discipline was present at Gitmo. While we have done more than the ICRC spends the U.S. taxpayers’ Having heard a lot about the Field enough examining of ourselves, I be- dollars to determine whether the entire Manual 3452, I asked, ‘‘Are the DOD lieve it is fair to pose some questions annual U.S. contribution to the ICRC guidelines, as currently published in to others as well. headquarters—in other words, the that manual, appropriate to allow in- In this amendment, I am requesting, ICRC operations—is advancing Amer- terrogators to get valuable informa- with my cosponsors, simply a report to ican interests. tion, intelligence information, while the Congress about activities of the Additionally, Congress should re- not crossing the line from interroga- ICRC. quest that the State, Defense, and Jus- tion to abuse?’’ The answer from Gen. In the past 15 years the United States tice Departments jointly certify that Bantz J. Craddock, Commander of U.S. has provided more than $1.5 billion dol- the ICRC’s operations and performance Southern Command was, ‘‘I think, be- lars in funding to the ICRC. I would have been in full accord with its Gene- cause that manual was written for like to ask for some accountability for va Conventions mandate. The adminis- enemy prisoners of war, we have a the use of this money and a modicum tration strongly advocates for full translation problem, in that enemy of oversight. For example, I think it is transparency of all ICRC documents re- prisoners are to be treated in accord- fair to ask: lating to the organization’s core and ance with the Geneva Conventions— ‘‘How is our money being spent?’’ noncore activities and the administra- that doesn’t apply. That’s why the rec- ‘‘What are the activities of the ICRC tion argues for a change in the ICRC ommendation was made and I affirmed to determine the status of American statute so as to allow non-Swiss offi- it. We need a further look here on this POW’s/MIA’s unaccounted for since cials to be a part of the organization new phenomenon of enemy combat- World War II?’’ and directing bodies of the ICRC. ants. It’s different, and we’re trying to ‘‘What are the efforts of the ICRC to Indeed, I fear that the ICRC may be use, I think, a manual that was written assist American POW’s held in cap- harming the morale of our American for one reason in another environ- tivity during the Korean War, Vietnam troops by unjustified allegations that ment.’’ War, and any subsequent conflicts?’’ detainees and prisoners are not being Lt. Gen. Randall M. Schmidt, the ‘‘Has the ICRC exceeded its mandate, properly treated. senior investigating officer said, ‘‘Sir, I violated established practices or prin- For example, an ICRC official visited agree. It’s critical that we come to ciples, or engaged in advocacy work Camp Bucca, a theater internment fa- grips with not hanging on a Cold War that exceeds the ICRC’s mandate as cility for enemy prisoners of war that relic of Field Manual 3452, which ad- provided for under the Geneva Conven- is, as of January 2005, being operated dressed an entirely different popu- tions?’’ by the 18th Military Police Brigade and lation. If we are, in fact, going to get Please join with me in supporting Task Force 134, near Umm Qasr in intelligence to stay ahead of this type this simple, fair request for such a re- southern Iraq. As of late January 2005, of threat, we need to understand what port. the facility had a holding capacity of else we can do and still stay in our lane I yield the floor. 6,000 prisoners but only held 5,000. of humane treatment.’’ The PRESIDING OFFICER. The Sen- These prisoners were being supervised Brig. Gen. John T. Furlow, the inves- ator from Virginia is recognized. by 1,200 Army MPs and Air Force Air- tigating officer, stated, ‘‘Sir, in echo- Mr. WARNER. Mr. President, the men. ing that, F.M. 3452 was originally writ- Senator’s amendment will be consid- According to the Wall Street Jour- ten in 1987, further updated and refined ered on the floor in due time. But I as- nal, citing a Defense Department in 1992, which is dealing with the Gene- sume that at least two of the amend- source, the ICRC official told U.S. au- va question as well as an ordered battle ments involve another committee, the thorities, ‘‘you people are no better enemy, not the enemy that we’re fac- Banking Committee, other than the than and no different than the Nazi ing currently. I’m aware that Fort Armed Services Committee; would I be concentration camp guards.’’ Huachuca’s currently in a rewrite of correct in that? The ICRC and the State Department the next 3452, and it’s in a draft form Mr. INHOFE. I am aware that only have confirmed that this ICRC official right now.’’ one affects the Banking Committee. is now transferred from the Iraq as- It is clear that our military has hu- The national security ramifications of signment in the wake of her comment. mane treatment placed at the forefront the performance and the functions of Such a comment is obviously damaging of their concerns. CFIUS are far greater than any bank- to the morale of our American troops At the same time I want to ask, ing function. I would be happy to deal and offended the soldiers and airmen ‘‘What other country would freely dis- with the chairman of the Banking present. cuss interrogation techniques used Committee and talk about the proper The Senate Armed Services Com- against high-value intelligence detain- jurisdiction. mittee has now held 13 hearings on the ees during a time of war when suicide Mr. WARNER. I thank the Senator. topic of prisoner treatment. bombers are killing our fellow citizens? As to the other two amendments, is it Sometimes we get bogged down in all Why would we freely explain the lim- his judgment that they are solely with- the detail and we forget about the itations placed on our interrogators, in the jurisdiction?

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8613 Mr. INHOFE. That is my judgment. comes at the peril of the sons and daughters This important legislation also pro- Mr. WARNER. I accept that. of America’s future Navy. vides much-needed funds for other na- Mr. LEVIN. I wonder if the good Sen- In response to the House addition of tional priorities. It includes an impor- ator will also share the amendment $2.5 billion to the shipbuilding budget tant provision that builds upon my with the chairman and the ranking to buy two additional DDG Arleigh work and the work of other committee member in the Banking Committee, Burke-class destroyers in fiscal year members last year and this year to au- both. 2006, the CNO clearly stated, ‘‘I have thorize an increase in the death gra- Mr. INHOFE. Yes, that is a fair re- enough DDGs.’’ It is essential that we tuity payable to the survivors of our quest. proceed with the DD(X) destroyer pro- military who have paid the ultimate Mr. WARNER. Mr. President, at this gram. price. It also authorizes an increase in time I believe our colleague from The DD(X) will have high-tech capa- the Servicemembers’ Group Life Insur- Maine has an amendment. bilities that do not currently exist on ance benefit. Surely, that is the least The PRESIDING OFFICER (Mr. the Navy’s surface combatant ships. we can do for our brave service men GRAHAM). The Senator from Maine is These capabilities include far greater and women. offensive and precise firepower; ad- recognized. This bill also improves care of our vanced stealth technologies, numerous Ms. COLLINS. Mr. President, I rise military by recommending a provision engineering and technological innova- today in strong support of the National that would strengthen and extend tions that allow for a reduced crew Defense Authorization Act of 2006. This health care coverage under TRICARE size; and sophisticated, advanced weap- legislation authorizes critical pro- Prime for the children of an Active- ons systems, such as a new electro- grams for our soldiers, sailors, airmen, Duty service member who dies while on magnetic rail gun. and marines serving our country active duty. around the world—programs such as Unfortunately, instability and dra- matic changes have held back the This authorization bill is good for those that provide vital protective our Navy, good for our men and women gear, military pay raises, and increased progress on the DD(X) program. Ini- tially, the Pentagon planned to build 12 in uniform who are serving our country bonuses and benefits, and the advanced all around the world, and I am pleased weapons systems on which our troops DD(X)s over 7 years. To meet budget constraints, the Department slashed to offer my full support. rely. funding and now proposes to build only I yield the floor. Let me thank and recognize the ex- Mr. WARNER. Mr. President, I ask traordinary efforts of our chairman of five DD(X)s over 7 years, even though the Chief of Naval Operations has re- unanimous consent that Senators the committee and the ranking mem- CANTWELL and SNOWE be added as co- ber for putting together an excellent peatedly stated on the record before the Armed Services Committee, in sponsors to the amendment of the Sen- bill. I commend Senator WARNER and both Chambers, that the warfighting ator from Virginia. Senator LEVIN also for their strong The PRESIDING OFFICER. Without commitment to our Armed Forces, to requirements remain unchanged and dictate the need for the greater num- objection, it is so ordered. making sure that our military’s needs Mr. WARNER. Mr. President, I want are met. ber—12 DD(X)s. We have heard a lot about the cost to make certain the Senator from Vir- This legislation authorizes $9.1 bil- growth in the DD(X) program and, in- ginia is added as a cosponsor to the lion for essential shipbuilding prior- deed, the increase in the anticipated Frist amendment now pending at the ities, and it includes a provision to pro- cost of constructing these vital de- desk. hibit the use of funds by the Navy to stroyers is troubling to us all. But, The PRESIDING OFFICER. Without conduct a ‘‘one shipyard winner-take- ironically, one of the primary drivers objection, it is so ordered. all’’ acquisition strategy to procure the of cost growth in shipbuilding is insta- Mr. WARNER. The distinguished next generation of destroyers, the bility. This lack of predictability in Senator from Massachusetts, I believe, DD(X). Not only does this legislation shipbuilding funding only increases the under the UC is about to address the fully fund the President’s request for cost to our Nation’s shipbuilders be- Senate. the DD(X) program, but it also pro- cause they cannot effectively and effi- The PRESIDING OFFICER. Under vides an additional $50 million for ad- ciently plan their workload. And, of the unanimous consent agreement, the vanced procurement of the second ship course, ultimately, it increases the Senator from New Jersey is to be rec- in the DD(X) class at General Dynam- cost to the American taxpayer. ognized next, is my understanding. ic’s Bath Iron Works in my home State The Congress and the administration Mr. WARNER. Mr. President, can we of Maine. I am, understandably, very should be trying to minimize ship- have a clarification? proud of the fine work and the many building costs by ensuring a predict- Mr. KENNEDY. I understand my contributions of the skilled ship- able, steadier, year-to-year level of friend from New Jersey has a unani- builders at Bath Iron Works to our Na- funding. Regrettably, that has not been mous consent request to make. I will tion’s defense. done. be glad to yield. The high priorities placed on ship- Mr. President, the key to controlling AMENDMENT NO. 1351 building in the Senate version of the the price of ships is to minimize fluc- Defense authorization bill stand in tuations in the shipbuilding account. It Mr. LAUTENBERG. I thank the Sen- stark contrast to the House version of is crucial that we not only have the ator from Massachusetts. the Defense authorization. The House most capable fleet but also a sufficient I send an amendment to the desk. bill, unwisely and regrettably, slashes number of ships—and I add, ship- The PRESIDING OFFICER. Without funding for the DD(X) program, in con- builders—to meet our national security objection, the pending amendment is trast to the President’s budget. More- requirements. Avoiding budget spikes set aside. over, it actually rescinds funding for affords more than ships; it provides Mr. LAUTENBERG. Mr. President, I the DD(X) that was provided last year. stability in Naval ship procurement understand I will be able to have some Just this week, in testimony before a planning and offers a steady workload time after the vote to discuss the House Armed Services Subcommittee, at our shipyards. amendment. the Chief of Naval Operations testified When budget requests change so dra- Mr. WARNER. Mr. President, that is that the Navy must have the next gen- matically from year to year, even when very clear. The Senator from New Jer- eration destroyer, the DD(X). Admiral the military requirement stays the sey seeks up to how much time? Clark, in what is undoubtedly one of same, shipbuilders cannot plan effec- Mr. LAUTENBERG. If I can have 15 his final, if not the final, appearances tively, and the cost of individual ships minutes. as Chief of Naval Operations before his is driven upward. The national security Mr. WARNER. Can we enter into a retirement, stated before the sub- of our country is best served by a com- time agreement equally divided? committee: petitive shipbuilding industrial base, Mr. LAUTENBERG. If we have time For the record, I am unequivocally in full and this legislation before us today equally divided, then I ask the Senator support of the DD(X) program. . . . The fail- fully supports our Nation’s highly from Virginia to allow a half hour ure to build a next-generation capability skilled shipbuilding employees. equally divided.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8614 CONGRESSIONAL RECORD — SENATE July 21, 2005 Mr. WARNER. Mr. President, I think (1) IN GENERAL.—In the case of a person termination of any investigation by the Of- we will have to enter into that agree- subject to the jurisdiction of the United fice of Foreign Assets Control of the Depart- ment later, but I will work toward that States that is prohibited as described in sub- ment of the Treasury if any sanction is im- goal. section (b) from engaging in a transaction posed by the Director of such office as a re- with a foreign person, that prohibition shall sult of the investigation.’’. Mr. LAUTENBERG. With no second also apply to— (b) CLERICAL AMENDMENT.—The table of degrees possible. (A) each subsidiary and affiliate, wherever contents in subsection (b) of such Act is I yield the floor. organized or doing business, of the person amended by adding at the end the following Mr. WARNER. Is the amendment of prohibited from engaging in such a trans- new item: the Senator from New Jersey now at action; and ‘‘Sec. 42. Notification of Congress of ter- the desk? (B) any other entity, wherever organized or mination of investigation by The PRESIDING OFFICER. The doing business, that is controlled in fact by Office of Foreign Assets Con- clerk will report. that person. trol.’’. (2) PROHIBITION ON CONTROL.—A person sub- The legislative clerk read as follows: SEC. 3405. ANNUAL REPORTING. ject to the jurisdiction of the United States (a) SENSE OF CONGRESS.—It is the sense of The Senator from New Jersey [Mr. LAU- that is prohibited as described in subsection the Congress that investors and the public TENBERG], for himself, Mr. CORZINE, Mrs. (b) from engaging in a transaction with a should be informed of activities engaged in CLINTON, and Mr. FEINGOLD, proposes an foreign person shall also be prohibited from by a person that may threaten the national amendment numbered 1351. controlling in fact any foreign person that is security, foreign policy, or economy of the engaged in such a transaction whether or not Mr. LAUTENBERG. Mr. President, I United States, so that investors and the pub- that foreign person is subject to the jurisdic- ask unanimous consent that the read- lic can use the information in their invest- tion of the United States. ing of the amendment be dispensed ment decisions. with. (b) IEEPA SANCTIONS.—Subsection (a) ap- plies in any case in which— (b) REGULATIONS.— The PRESIDING OFFICER. Without (1) the President takes action under the (1) IN GENERAL.—Not later than 120 days objection, it is so ordered. International Emergency Economic Powers after the date of enactment of this Act, the The amendment is as follows: Act (50 U.S.C. 1701 et seq.) or the Trading Securities and Exchange Commission shall issue regulations that require any person (Purpose: To stop corporations from with the Enemy Act (50 U.S.C. App.) to pro- subject to the annual reporting requirements financing terrorism) hibit a person subject to the jurisdiction of of section 13 of the Securities Exchange Act At the end of the bill, add the following: the United States from engaging in a trans- action with a foreign person; or of 1934 (15 U.S.C. 78m) to disclose in that per- TITLE XXXIV—FINANCING OF TERRORISM (2) the Secretary of State has determined son’s annual reports— SEC. 3401. SHORT TITLE. that the government of a country that has (A) any ownership stake of at least 10 per- This title may be cited as the ‘‘Stop Busi- jurisdiction over a foreign person has repeat- cent (or less if the Commission deems appro- ness with Terrorists Act of 2005’’. edly provided support for acts of inter- priate) in a foreign person that is engaging in a transaction prohibited under section SEC. 3402. DEFINITIONS. national terrorism under section 6(j) of the 3403(a) of this title or that would be prohib- In this title: Export Administration Act of 1979 (as in ef- ited if such person were a person subject to (1) CONTROL IN FACT.—The term ‘‘control in fect pursuant to the International Emer- the jurisdiction of the United States; and fact’’, with respect to a corporation or other gency Economic Powers Act (50 U.S.C. 1701 (B) the nature and value of any such trans- legal entity, includes— et seq.)), or any other provision of law, and action. (A) in the case of— because of that determination a person sub- (2) PERSON DESCRIBED.—A person described (i) a corporation, ownership or control (by ject to the jurisdiction of the United States in this section is an issuer of securities, as vote or value) of at least 50 percent of the is prohibited from engaging in transactions that term is defined in section 3 of the Secu- capital structure of the corporation; and with that foreign person. rities Exchange Act of 1934 (15 U.S.C. 78c), (ii) any other kind of legal entity, owner- (c) CESSATION OF APPLICABILITY BY DIVES- that is subject to the jurisdiction of the ship or control of interests representing at TITURE OR TERMINATION OF BUSINESS.— United Sates and to the annual reporting re- least 50 percent of the capital structure of (1) IN GENERAL.—In any case in which the quirements of section 13 of the Securities Ex- the entity; or President has taken action described in sub- change Act of 1934 (15 U.S.C. 78m). (B) control of the day-to-day operations of section (b) and such action is in effect on the a corporation or entity. date of enactment of this Act, the provisions Mr. WARNER. Mr. President, I ask (2) PERSON SUBJECT TO THE JURISDICTION OF of this section shall not apply to a person that the amendment now be laid aside THE UNITED STATES.—The term ‘‘person sub- subject of the jurisdiction of the United for purposes under the UC agreement ject to the jurisdiction of the United States’’ States if such person divests or terminates so that the Senator from Massachu- means— its business with the government or person setts may address the Senate, I believe identified by such action within 1 year after (A) an individual, wherever located, who is for 5 minutes. a citizen or resident of the United States; the date of enactment of this Act. (B) a person actually within the United (2) ACTIONS AFTER DATE OF ENACTMENT.—In The PRESIDING OFFICER. The Sen- States; any case in which the President takes action ator is recognized for 5 minutes. (C) a corporation, partnership, association, described in subsection (b) on or after the AMENDMENT NO. 1314 or other organization or entity organized date of enactment of this Act, the provisions Mr. KENNEDY. Mr. President, I am under the laws of the United States, or of of this section shall not apply to a person delighted to join our chairman of the subject to the jurisdiction of the United any State, territory, possession, or district Armed Services Committee and others of the United States; States if such person divests or terminates (D) a corporation, partnership, association, its business with the government or person in cosponsoring the chairman’s amend- or other organization, wherever organized or identified by such action within 1 year after ment. I commend him for his impres- doing business, that is owned or controlled the date of such action. sive leadership in bringing it before the in fact by a person or entity described in (d) PUBLICATION IN FEDERAL REGISTER.— Senate as one of the first amendments subparagraph (A) or (C); and Not later than 90 days after the date of en- on this extremely important bill. (E) a successor, subunit, or subsidiary of actment of this Act, the President shall pub- The amendment increases funding by an entity described in subparagraph (C) or lish in the Federal Register a list of persons with respect to whom there is in effect a $340 million for the Marine Corps and (D). $105 for the Army for more and better (3) FOREIGN PERSON.—The term ‘‘foreign sanction described in subsection (b) and shall person’’ means— publish notice of any change to that list in armored vehicles for our troops in Iraq. (A) an individual who is an alien; a timely manner. This issue has been divisive for far (B) a corporation, partnership, association, SEC. 3404. NOTIFICATION OF CONGRESS OF TER- too long. All of us support our troops. or any other organization or entity that is MINATION OF INVESTIGATION BY We obviously want to do all we can to organized under the laws of a foreign coun- OFFICE OF FOREIGN ASSETS CON- TROL. see that they have proper equipment, try or has its principal place of business in a (a) REQUIREMENT FOR NOTIFICATION.—The vehicles, and everything else they need foreign country; Office of Federal Procurement Policy Act (41 to protect their lives and carry out (C) a foreign governmental entity oper- U.S.C. 403 et seq.) is amended by adding at their missions. ating as a business enterprise; and the end the following new section: (D) a successor, subunit, or subsidiary of More than 400 troops have already an entity described in subparagraph (B) or ‘‘SEC. 42. NOTIFICATION OF CONGRESS OF TER- died in military vehicles vulnerable to MINATION OF INVESTIGATION BY roadside bombs, grenades, and other (C). OFFICE OF FOREIGN ASSETS CON- SEC. 3403. CLARIFICATION OF SANCTIONS. TROL. notorious improvised explosive devices. (a) PROHIBITIONS ON ENGAGING IN TRANS- ‘‘The Director of the Office of Foreign As- Many of us have visited soldiers and ACTIONS WITH FOREIGN PERSONS.— sets Control shall notify Congress upon the marines at Walter Reed and Bethesda

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8615 and seen the tragic consequences of in- letter last October, General Abizaid ing confidence in this amendment of adequate armor. We want to ensure said: the Senator from Virginia. I commend that parents grieving at Arlington Na- The fiscal year 2004 Supplemental Request the Senator from Massachusetts, Mr. tional Cemetery no longer ask, ‘‘Why will permit the services to rapidly resolve KENNEDY, the Senator from Indiana, weren’t more armored humvees avail- many of the equipment issues you mentioned Mr. BAYH, and many others who able?’’ to include the procurement of . . . humvees. worked in this area of the up-armoring It is scandalous that the administra- The Army could have and should of our military vehicles. But I must tion has kept sending them into battle have moved much more quickly to cor- take issue with the Senator’s observa- year after year in Iraq without ade- rect the problem. As retired General tions that in any way the Department quate equipment. It is scandalous that Paul Kern, who headed the Army Mate- of Defense is open to criticism because desperate parents and spouses here at riel Command until last November, it has been a constantly evolving re- home have had to resort to Wal-Mart said: quirements issue before the combatant to try to buy armor and mail it to their It took too long to materialize. commanders. loved ones in Iraq to protect them on He said: When we look at this record in a the front lines. Secretary Rumsfeld has careful manner, we will see that the In retrospect, if I had it to do all over, I rarely been more humiliated than on would have just started building uparmored Department has responded very quick- his visit to Iraq, when a soldier had the humvees. The most efficient way would have ly to the communication from the courage to ask him why the troops had been to build a single production line and combatant commanders to adjust to scavenge scrap metal on the streets feed everything into it. through the military departments, pri- to protect themselves. The cheer that In April, GAO released a report that marily the Department of Army, the roared out from troops when he asked clearly identifies the struggles the procurement of the necessary equip- that question said it all. Pentagon has faced. In August 2003, ment. We have been trying to make sure only 51 uparmored humvees were being This Senator from Virginia and oth- the Army and Marine Corps has had produced a month. It took the indus- ers are very conscious of the IED prob- the right amount of funding for vehi- trial base a year and a half to work up lem. I just visited Quantico and looked cles for over 2 years. Last year, we to making 400 a month. Now the Army at their research and development fa- tried to get additional funding in com- says they can now get delivery of 550 a cilities dealing with the IED question. mittee and faced resistance, but ulti- month. The question is, Why did it Our committee periodically, at least mately added money to the supple- take so long? Why did we go to war every 60 to 90 days, has the general in mental. without the proper equipment? Why charge of the overall responsibility of This past spring, we were successful didn’t we fix it sooner, before so many IEDs in the Department to brief us on in getting the Army $213 million for troops have died? what are his needs and are they fully uparmored humvees. That amendment We need to get ahead of this problem. met financially and in every other way. was adopted, but it was a very narrow It is a tragedy for which our soldiers I frankly think the record shows that vote. are still paying the price for this delay. the Department of Defense is doing its The Marine Corps leadership clearly As Pentagon acquisition chief Michael very best for a quickly evolving and understated the amount and types of Wynne testified to Congress a year ago: changing set of facts requiring the ad- ground equipment it needs. In April, we dition of up-armored vehicles. were told in a hearing that based on It’s a sad story to report to you, but had we known then what we know now, we would Mr. President, is the amendment the what they knew from their operational probably have gotten another source in- pending business for the purpose of a commanders, the Marine Corps had volved. Every day, our soldiers are killed or vote at 12:30? met all of the humvee requirements for wounded in Iraq by IEDs, RPGs, small-arms The PRESIDING OFFICER. It will be this year, which was 398 uparmored fire. Too many of these attacks are on at 12:30. humvees. humvees that are not uparmored,... We The Senator from Michigan. Less than a month later, the Inspec- are directing that all measures to provide Mr. WARNER. I yield the floor. tor General of the Marine Corps con- protection to our soldiers be placed on a top Mr. LEVIN. Mr. President, let me ducted a readiness assessment of the priority, most highly urgent, 24/7 basis. also commend the Senator from Massa- their ground equipment in Iraq. One of But 24/7 didn’t happen even then until chusetts and the Senator from Indiana. the key findings was that the require- January this year. The plant had ca- They have been stalwarts in terms of ment for additional upamored humvees pacity that the Pentagon never con- urging we address this armor question. would continue to grow. Based on that sistently used, as the plant’s general Our service men and women continue report and other factors, the Marine manager has said. to die and suffer grievous wounds in Corps reversed itself and testified the The delay was unconscionable. With- Iraq and Afghanistan, and by far the need was almost triple the original out this amendment, the production major casualty producer is the roadside amount. rate of uparmored humvees could drop bomb or mine—what the military calls The inspector general’s teams in- off again later this year. That is the an improvised explosive device or IED. spected many humvees in Iraq that had extraordinary thing. We need to guar- The services are working to counter been damaged by mines and other ex- antee that we are doing everything that threat through a variety of plosive devices. In nearly every case, possible to get the protection to our means—better intelligence, innovative they found that the cabin was well pro- troops as soon as possible. We owe it to tactics, techniques and procedures, the tected despite significant damage to them, to their families here at home use of jamming devices, and of course, the engine compartment wheels. and to the American people. adding armor to Army and Marine The inspector general also found that We have an opportunity now to end Corps HMMWVs and other trucks. On even with recommended changes, in- this frustration once and for all. Our my recent visit to Iraq, met with the cluding replacing damaged vehicles, soldiers and marines deserve the very Marines in Fallujah and viewed and the war will continue to take a toll on best, and it is our job in Congress to discussed the various levels of armor the marines’ equipment. Nearly all of make sure the Department of Defense protection on their HMMWVs and the its fighting gear is ready for combat is finally getting it right. Too many new armor package for their heavy this year, they found but it would drop have died because of these needless truck. to less than two-thirds by the middle of delays, but hopefully, this will be The armor issue is both a good news 2008. It has taken far too long to solve solved by what we do in this bill. and a bad news story. The good news is this problem. We have to make sure we The amendment contributes signifi- that in just over 2 years, the Army and solve it now, once and for all. We can’t cantly to this goal, and I urge my col- Marine Corps have gone from only a keep hoping the problem will somehow leagues to support it. few hundred armored trucks to nearly go away. Mr. WARNER. I will be happy to 40,000 and 6,000 respectively. Many peo- We have been told for months that share my brief time for remarks with ple have worked night and day to make the Army’s shortage of uparmored my colleague. The Senator has joined that happen, and we commend and humvees was a thing of the past. In a our bill and I appreciate him express- thank them for doing so. Congress has

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8616 CONGRESSIONAL RECORD — SENATE July 21, 2005 consistently provided all the funding ly and that the company balked. I also This illustrates the continued confu- requested and, in several instances, has asked the Commandant of the Marine sion surrounding uparmored HMMWVs provided funding ahead of any request. Corps for an answer for the record as to that has frustrated so many of us in In fact, the fiscal year 2005 Defense whether the Marine Corps ever asked Congress. emergency supplemental added $1.2 bil- O’Gara to rush its order for uparmored Given this background, and in light lion for various force protection equip- HMMWVs. Just this morning, I re- of the uncertainty as to whether re- ment, most notably for uparmored ceived a formal response from the quirements would continue to increase, HMMWVs and add-on armor for Army on the design rights. The Marine the Senate Armed Services Committee, HMMWVs and other trucks. As of last Corps has informally asserted that it in the markup of the fiscal year 2006 month, all known requirements for did ask the company for accelerated authorization bill, added $120 million truck armor for Iraq and Afghanistan production. for the Army to continue to procure were funded, and the Army and Marine In its defense, Armor Holdings, the uparmored HMMWVs or add-on armor Corps were on track to complete those parent company of O’Gara Hess, has for HMMWVs and other trucks, even requirements for HMMWVs by July and said that at the time of the Marine though the known requirements for September respectively, and for other Corps’ inquiry in September of 2004 re- Iraq and Afghanistan had been met trucks by December of next year. lating to potential production of addi- with fiscal year 2005 emergency supple- The bad news is that military com- tional uparmored HMMWVs, the com- mental funding. pany indicated its interest in and its manders have been slow to recognize Now, however, it appears that the re- ability to produce those vehicles, and the growing threat to thin-skinned quirements have once again changed. that as soon as the order was actually HMMWVs and other trucks in Iraq and Central Command is currently consid- placed by the Marines in February 2005, Afghanistan and determined require- ering a request from the Southern Eu- it began to work on and has already ropean Task Force commander for ad- ments for armored trucks slowly and begun to deliver those vehicles. What is incrementally. For instance, in May of ditional uparmored HMMWVs for Af- still unclear is whether the Marine ghanistan. And the Marine Corps has 2004, my staff sent me a memo which Corps ever coordinated a request for decided to upgrade and ‘‘pure-fleet’’ all said: accelerated production through the 2,814 Marine Corps HMMWVs in the The current Central Command requirement Army’s Tank Automotive and Arma- CENTCOM area of operations to the for [up-armored HMMWVs in Iraq and Af- ments Command which handles all of uparmored HMMWV configuration. ghanistan is 4454. This appears to be an ever- the contract actions for upamored increasing number over the last year, having HMMWVs, and if it did, why the com- Based on current, on-hand quantities, been increased from 253 to 1233 to 1407 to 2957 the Marine Corps could be short 1,826 to 3142 to 4149 to 4388, and finally to 4454. We pany was not issued a contract to in- crease the production rate over and uparmored HMMWVs. have no confidence that it will not be in- To compound the potential problem, above the increase from 450 to 550 a creased again in the future.’’ the Army plans to end all production of That was a prescient statement be- month that the Army requested in De- cember of 2004. the uparmored HMMWV as it ramps up cause over the next year, the require- the production of a new HMMWV ment for uparmored HMMWVs contin- With respect to the technical data package, TDP—the ‘‘design rights’’ dis- model with a heavier chassis that is ued to increase—to 10,079 for the Army cussed in the New York Times article— ready to accept an integrated, bolt-on/ and 498 for the Marine Corps. The story the Army says it requested, for infor- off armor kit. However, the fiscal year was similar for the requirements to mational purposes only, that O’Gara 2006 President’s budget only funds 90 of armor other Army and Marine Corps Hess submit a cost proposal for pro- these vehicles with the armor kit. This trucks. These incremental increases in curement of the technical data pack- would not appear to be a prudent ap- requirements have led to inefficient ac- age in order to obtain a price for a TDP proach, given the history to date of quisition and unnecessary delays in complete enough for any firm to manu- ever increasing requirements for truck getting armored trucks for our troops. facture the current uparmored armor. It has also caused a lot of confusion HMMWV. The company has argued The pending amendment would do and some fingerpointing, particularly that the TDP was developed by Armor two things: it would add $340 million to between the Army and the Marine Holdings, with its own money, under fund the 1,826 shortfall in the newest Corps on the one hand O’Gara Hess, the its own initiative; that a formal re- Marine Corps requirement for company which produces the quest was never made by the Army to uparmored HMMWVs, and it would add uparmored HMMWV, On the other. A purchase that TDP as required under $225 million to the Army for truck recent New York Times article re- Federal Acquisition Regulations; that armor, an increase from the $120 mil- ported that ‘‘in January, when it [re- the company responded to an informal lion currently in the authorization bill. ferring to the Army] asked O’Gara to e-mail inquiry to that effect in Janu- That is enough for the Army to procure name its price for the design rights for ary 2005 by offering to place the TDP in the add-on armor kits for the 4,037 the armor, the company balked and escrow and in so doing, allow the Army M1152 HMMWVs that will currently be suggested instead that the rights be instant access to the design informa- fielded without armor in fiscal year placed in escrow for the Army to grab tion if the company ever failed to meet 2006. With this funding and these addi- should the company ever fail to per- the Army’s request. In the company’s tional armor kits, by the end fiscal form.’’ With respect to the Marine view, it saw no logic to the inquiry be- year 2006 the Army will have fielded Corps’ uparmored HMMWV require- cause it had met or exceeded every pro- 16,768 HMMWVs with the highest— ment, the same article further reported duction requirement and schedule, was Level 1—armor protection. that, ‘‘asked why the Marine Corps is ready and willing to produce more, and I whole-heartedly support this still waiting for the 498 humvees it or- consequently there was no need for the amendment and urge my colleagues to dered last year, O’Gara acknowledged Army to obtain alternative production do likewise. I also urge the Department that it told the Marines it was backed sources. of Defense to thoroughly review Army up with Army orders, and has only What is not clear is why the Army and Marine Corps long-term truck begun filling the Marines’ request this would request the rights to the TDP for armor strategies and ensure that all re- month. But the company says the Ma- the uparmored HMMWV in January quirements are identified in a timely rine Corps never asked it to rush.’’ 2005, since already contracted for a the manner, and that sufficient funding is I questioned the Army Chief of Staff uparmored HMMWVs it planned to pro- requested in a timely manner so that and the Commandant of the Marine cure in fiscal year 2006—the last year we can ensure our troops get the equip- Corps on these issues in a hearing on that it intends to procure uparmored ment they need and deserve as quickly June 30. I asked the Army Chief of HMMWVs as it moves to implement its as possible. Staff for an answer for the record as to long-term armor strategy of procuring Mr. President, to reiterate, lack of whether or not it was true that the removable armor kits. I am expecting armor for our troops has been truly one Army sought to purchase the design further information from the Army and of the most discouraging elements of rights so that we could produce the the Marine Corps soon to clear up these the Iraq war. Partly it is because of uparmored HMMWVs a lot more quick- matters. what the Senator from Virginia said.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8617 There has been a change in require- ment. In addition to that, I hope the Mr. WARNER. I move to reconsider ments along the way. Partly it has Department of Defense will thoroughly the vote. been administrative failures along the review the Army and Marine Corps Mr. LEVIN. I move to lay that mo- way inside the Department. long-term truck armor strategies so we tion on the table. Listen to a New York Times article can identify requirements in a timely The motion to lay on the table was that has a conflict between the Army manner, sufficient funding be re- agreed to. and Marines on the one hand and our quested in a timely manner so we can Mr. WARNER. Before the Senator producer, O’Gara Hess, on the other assure our troops that they will get the from Oregon addresses the Senate, I hand. The New York Times article equipment they need and deserve in wish to speak for 2 minutes and thank says: time to meet the threat. colleagues for their strong support of In January, when the Army asked O’Gara I know this Congress, under this this amendment. We do not often get to name its price for the design rights for the chairman’s leadership, has over and 100 votes. It was not put up here in Army, the company balked and suggested in- over again told the Defense Depart- mind that there would be 100 votes. It stead that the rights be placed in escrow for ment: We will give you every dollar is very reassuring to send this strong the Army to grab should the company ever you need. There are no financial con- messages to our Armed Forces and in- fail to perform. straints when it comes to supporting deed throughout the world that the So we have the Army asking the our troops. Senate stands behind those measures We have told them that over and over manufacturer how much would it cost which will strengthen our ability to again. It should not be necessary to to buy the design rights so we could fight terrorism in the world. add this money, but it is. I whole- have a second line, so we could have a At this point in time in the struggle heartedly support it, and I thank the second source, we are short of armor. against terrorism, not only with our And the Army says they never got the chairman for his leadership. I ask unanimous consent that Sen- country but the coalition of nations, answer. The producer says it was never the type of weapons being employed, ator BAYH of Indiana, who I know is asked formally. In the meantime, men while basic in nature, are lethal in na- and women are dying in Iraq because of trying to get to the floor to support this amendment because of his leader- ture, and it requires the modification that kind of confusion. of our military equipment. This So, yes, the requirements have ship in this area, be added as a cospon- amendment provides the funds to do it. changed, but there have also been ad- sor of the amendment. I thank my colleagues, and I yield ministrative failures as well. The PRESIDING OFFICER. Without the floor. Then the Marines say they asked the objection, it is so ordered. The PRESIDING OFFICER. The Sen- company to rush the orders. The com- The Senator from Virginia. Mr. WARNER. I believe the vote is in ator from Oregon. pany denies it ever got the request to order at this time. JUDGE JOHN G. ROBERTS rush the orders. The PRESIDING OFFICER. That is Yes, the chairman is right, there Mr. WYDEN. Mr. President, in this correct. All time has expired. Congress, no issue has riveted the at- have been changes in the requirements, The question is on agreeing to tention of the American people like the the numbers needed, but I am afraid amendment No. 1314, as modified. heart-wrenching circumstances of the the Senator from Massachusetts is also Mr. WARNER. I ask for the yeas and late Terri Schiavo. No issue has gen- right, that there have been some true nays. failures and incompetence in the ad- The PRESIDING OFFICER. Is there a erated more public debate, more heated ministration of the armor program. sufficient second? controversy, or more passion than that The differences in the conflicts that There appears to be a sufficient sec- tragedy. On the eve of the Easter re- exist between the stories told by the ond. cess, I blocked the effort in this Senate Army and Marines on the one hand and The clerk will call the roll. to dictate from the Senate a specific the company that produces the The assistant legislative clerk called medical treatment in that end-of-life humvees on the other, it seems to me, the roll. tragedy. are evidence of those failures. The result was announced—yeas 100, I did that for two major reasons. Mr. KENNEDY. Will the Senator nays 0, as follows: First, I believe that under the Con- yield for 30 seconds? [Rollcall Vote No. 199 Leg.] stitution, the Founding Fathers in- Mr. LEVIN. I will be happy to yield. YEAS—100 tended for our citizens and their fami- Mr. KENNEDY. I know the time has Akaka Dole McCain lies to have the privacy to decide these run out. I want to mention the family Alexander Domenici McConnell types of matters. Second, under the of Mr. Hart, from Dracut, MA, who lost Allard Dorgan Mikulski Constitution, to the extent government Allen Durbin Murkowski has a defined role in medical practice, a son in Iraq. I remember seeing the Baucus Ensign Murray letter that his son wrote that said: Un- Bayh Enzi Nelson (FL) it is a matter for the States and cer- less we get an up-armored, I am not Bennett Feingold Nelson (NE) tainly not a subject that should Biden Feinstein Obama prompt Federal intrusion and med- going to last very long. And 30 days Bingaman Frist Pryor later he was killed. Mr. Hart has been Bond Graham dling. Reed Boxer Grassley tireless in trying to make sure other Reid In my opinion, the events that un- service men and women in Iraq receive Brownback Gregg folded in the Senate over Terri Schiavo Bunning Hagel Roberts the kind of protection they need. I Burns Harkin Rockefeller need to be remembered as the Senate have to mention his name associated Burr Hatch Salazar begins the consideration of the nomi- with the increase in the protection for Byrd Hutchison Santorum nation of Judge John Roberts to serve Cantwell Inhofe Sarbanes American servicemen because here is Carper Inouye Schumer as an Associate Justice of the United an individual who has made an extraor- Chafee Isakson Sessions States Supreme Court. dinary difference for our service men Chambliss Jeffords Shelby It is important for the Senate to re- and women. Clinton Johnson Smith flect on those events because while the Coburn Kennedy Snowe Court ultimately did not take up the The PRESIDING OFFICER. The Sen- Cochran Kerry Specter ator from Michigan. Coleman Kohl Stabenow Schiavo case, it was not for lack of ef- Mr. LEVIN. Mr. President, I think Collins Kyl Stevens fort on the part of those who read the Conrad Landrieu Sununu the vote is scheduled for 12:30. I ask Cornyn Constitution very differently than the Lautenberg Talent unanimous consent to proceed for 1 ad- Corzine Leahy intent of the Founding Fathers and Thomas Craig Levin ditional minute. Thune longstanding legal precedent prescribe. The PRESIDING OFFICER. Without Crapo Lieberman I have come to the Senate today be- Dayton Lincoln Vitter objection, it is so ordered. DeMint Lott Voinovich cause I believe there will be many Mr. LEVIN. Mr. President, I whole- DeWine Lugar Warner more end-of-life cases presented to the heartedly support this amendment. I Dodd Martinez Wyden U.S. Supreme Court. Current demo- commend our chairman for it and urge The amendment (No. 1314), as modi- graphic trends, the advancement of our colleagues to support the amend- fied, was agreed to. medical technologies, and certainly the

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8618 CONGRESSIONAL RECORD — SENATE July 21, 2005 passions this issue has generated en- these private matters, it also provides So how do U.S. companies get around sure that the Court will be confronted parameters if there is to be any govern- terrorist sanctions laws? Because we again and again with end-of-life issues. ment involvement at all. Those param- have those laws that are supposed to Therefore, in my opinion, the Sen- eters are guided by the 10th amend- prevent contact and opportunity for ate—under the advice and consent ment to our Constitution. The 10th those nations that support terrorism. clause—has an obligation to inquire amendment stipulates that the powers The process is simple. These companies into how Judge Roberts sees end-of-life not delegated to the United States— run the Iranian operations out of a for- issues in the context of the Constitu- the Federal Government—by the Con- eign subsidiary. tion. stitution are reserved for the States. I have a chart here that shows the I don’t believe in litmus tests for Historically and correctly, that in- route that is taken to get these funds Federal judges, but I intend to weigh cludes the determination of medical to these companies that do business carefully Judge Roberts’ judicial tem- practice within a State’s own borders. with Iran. The U.S. corporation sets up perament in this regard. There are few medical practice deci- a subsidiary, sets up a foreign sub- Moreover, I have a longstanding pol- sions more wrenching than those at the sidiary. They do business directly with icy, begun first with our legendary end of life. Iran. And again, support for Hezbollah Senator, Mark Hatfield, and continued Once again, in the Schiavo case, the and Hamas is common knowledge with with my good friend, Senator GORDON Congress sought to overstep its con- Iran. SMITH, that I will work in a bipartisan stitutional bounds. What I want to Our sanctions laws prohibit United way to select Federal judges from our know is whether Judge Roberts is simi- States companies from doing business State for the President’s consideration. larly inclined to stretch our Constitu- with Iran, but the law contains a loop- Repeatedly, Oregon judges have been tion or whether he will consider end-of- hole. It enables an American company, confirmed with whom I have disagreed life issues with respect for our hal- a U.S. company’s foreign subsidiaries, on a number of issues and with whom lowed Constitution and the doctrine of to do business prohibited by the par- Senator GORDON SMITH has disagreed stare decisis. ent. As long as this loophole is in on a number of issues. I have put the Finally, as we approach these issues, place, our sanctions laws have no ‘‘no litmus test’’ policy to work often I make clear that I do not intend to teeth. My amendment would close this here in the Senate. I want to make prejudge the outcome of the confirma- loophole once and for all. It would say clear that I hold to that principle tion process, but ask only that the foreign subsidiaries controlled by a today, but I will follow Judge Roberts’ Senate weigh carefully these important U.S. parent, American parent, would views on end-of-life issues carefully as issues and that questions about end-of- have to follow U.S. sanctions laws— his nomination is considered. life care be posed to the nominee. pretty simple. My statement today is also not an I look forward to learning about the The Iranian Government’s links to attempt to tease out a preview of how nominee’s views, not just on end-of-life terrorism are, as you know, Mr. Presi- Judge Roberts might rule on end-of-life care, but on a variety of other critical dent, substantial. In addition to the 241 cases that come before the Court. I do matters and look forward to the Judi- Marines who were brutally murdered in believe, however, that the Senate ciary Committee beginning its thor- their sleep in 1983 in Beirut, Iranian- would be derelict, given the impor- ough and careful evaluation in the days backed terrorists killed innocent civil- tance of this issue, not to ask the ahead. I have tried to make bipartisan- ians in Israel. nominee questions that will shed light ship a hallmark of my service in the A constituent of mine, Sarah Duker, on how he interprets the Constitution Senate. I certainly intend to use that 22 years old, from the town of Teaneck, as it relates to end-of-life medical care. approach as the Senate goes forward NJ, was riding a bus in Jerusalem. The End-of-life health care presents and considers the nomination of Judge bus was blown up in 1996 by Hamas, and American families with immensely dif- Roberts. Hamas receives funding support from ficult choices. In a country of 290 mil- I yield the floor. the Iranian Government. We were able lion people, our citizens approach these The PRESIDING OFFICER. The Sen- to create an opportunity for American choices in dramatically different ways. ator from New Jersey is recognized. citizens to bring action against Iran, Their judgments about end-of-life care AMENDMENT NO. 1351 and they did that, and there was a reso- often blend religion, ethics, quality-of- Mr. LAUTENBERG. Mr. President, I lution of significant proportion that life concerns, and moral principles to- have an amendment at the desk. This holds Iran responsible and has them gether and as the Senate found out this amendment shuts down a source of rev- owing substantial sums of money to spring, these judgments are considered enue that flows to terrorists and rogue the victim’s family. We also have to extraordinarily personal and are pas- regimes that threaten our security. worry, however, about providing rev- sionately held. President Bush has made the state- enue to Iran because of its well-known What the Senate learned last spring ment that money is the lifeblood of desire—we see it now. It worries us all. in the Schiavo case is that the Amer- terrorist operations. He could not be We have all kinds of conversations ican people want what the Constitution more right. Amazingly, some of our about what we do as Iran tries to build envisioned as their right—just to be corporations are providing revenue to a nuclear bomb and other weapons of left alone. Privacy law is complicated, terrorists by doing business with these mass destruction. Well, we don’t want and surely Senators have differing in- rogue regimes. My amendment is sim- to help them, we don’t want to help terpretations about the meaning of ple. It closes a loophole in the law that provide revenues, opportunities for legal precedent in this area but the allows this to happen, that allows them to continue this crazy pursuit. American people spoke loudly last American companies to do business The 911 Commission, which estab- spring that they considered the con- with enemies of ours. This will cut off lished the intelligence organization re- gressional action to mandate a specific a major source of revenue for terror- form, concluded in their report, and I medical treatment for Terri Schiavo to ists. What we need to do is to starve quote: be a gross overreach. I said at the time these terrorists at the source. By using Preventing the proliferation of WMD war- that I agreed. I do not believe the Con- this loophole, some of our companies rants a maximum effort. stitution should be stretched so as to are feeding terrorism by doing business Everybody in our country shares that crowd the steps of the Congress with with Iran, which funds Hamas, view. Allowing American companies to families seeking settlement of their Hezbollah, as well as the Islamic Jihad. provide revenue to rogue WMD pro- differences about end-of-life medical I want to remind my colleagues that grams is clearly not part of a max- care. However, the U.S. Supreme Court it was Iran that funded the 1983 ter- imum effort. is another matter. That body will most rorist act in Beirut that killed 241 Some think this is an isolated prob- definitely see more such end-of-life ap- United States Marines—241 Marines lem, but it is not. A report by the Cen- peals. That is why the views of Judge killed by Iranian terror—and yet we ter for Security Policy says there is a Roberts on this issue are so important. are currently allowing United States large number of companies doing busi- Even as the Constitution envisioned corporations to provide revenues to the ness with Iran and other sponsors of a wide berth for individuals to decide Iranian Government. It has to stop. terror. Think about it. Here we have

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8619 130,000, 140,000 of our best young people Mr. LAUTENBERG. I thank the Sen- want there to be the slightest oppor- over there fighting to bring democracy ator from Virginia. tunity for cash to flow into their devel- to Iraq while Iran is funding terrorist The PRESIDING OFFICER. The Sen- opment of a weapons program based on activities, people who come in there ator from Michigan. the fact that an American company is and help those who would kill our Mr. LEVIN. Mr. President, I com- helping to fund the development of troops. The terror they fund has killed mend our colleague from New Jersey those weapons. hundreds of Americans. Iran continues for this amendment. It is ironic—the Heaven knows what we are fighting to seek to develop nuclear weapons, person who is presiding at this moment in Iraq is a battle not against a uni- and yet American companies are uti- will understand this reference—that formed army, organized military, but lizing a loophole in the law in order to when it comes to Cuba, the sanctions against insurgents, terrorists, and all do business with the Iranian Govern- not only apply to companies that one has to do is look at the death toll ment. It is wrong but not yet illegal. would deal with Cuba under our law and see it continuing to mount. We And we want to make it illegal. This but also apply to their subsidiaries. care mostly about Americans, but we amendment would change that. And yet when it comes to the subsidi- also don’t like to see what happens in It is inexcusable for American com- aries of companies that are dealing Iraq to infants and families. These ter- panies to engage in any business prac- with terrorism, which have sanctions rorists bring their violence into the tice that provides revenues to terror- against them for different reasons, we country, ripping limbs off. I don’t want ists, and we have to stop it. Here we don’t cover the subsidiaries. So with to get too detailed, but the horror that have a clear view of what happens. We Cuba, the subsidiaries are covered is brought from these insurgent at- have a chance to stop it with this when it comes to sanctions, but when tacks is beyond description. And to amendment. I urge my colleagues to it comes to dealing with states that are permit—by the way, I will say this—en- support the amendment and close the on a terrorist list where the President courage American companies to do terror funding loophole. of the United States decides to exercise business with Iran is outrageous. In the The PRESIDING OFFICER. The Sen- his discretion to impose sanctions war the Senator from Virginia and I ator from Virginia. against a country and where companies were in, anybody who did business with Mr. WARNER. Mr. President, on our are not thereby allowed to do business the enemy would be pilloried, called side we will at an appropriate time with that country, we don’t cover the traitors. And here, because it is a loop- interject our opposition to this amend- subsidiaries of the corporations, only hole, there is a roundabout way of get- ment. We have just gotten the amend- the corporations themselves. ting these funds over there, we are say- ment, and it requires some further It is not only a loophole which has ing, no, no, we don’t want to interrupt study. So until such time as I get some been pointed out by my friend from that process. additional material, I will have to New Jersey, but it is a very incon- I hope my colleagues on both sides defer my statement in opposition. sistent treatment. What the Senator will say no to this practice, and shut it Mr. LAUTENBERG. I hope my distin- from New Jersey is saying is let’s do down. The last thing we want to do in guished colleague and friend from Vir- the same for the subsidiaries of cor- this room is abet and help companies ginia, without having a chance to do porations that deal with terrorist that do business in Iran because the the examination he would like, has not states and terrorist organizations and profit is not worth it. There is no way suggested opposition even though there groups as we cover subsidiaries that those profits can be enjoyed by share- hasn’t been time for a thorough review. deal with Cuba. I thank him for point- holders, by employees, anyone. I know the distinguished chairman of ing out the loophole. If we are going to I thank the Senator from Virginia, the Armed Services Committee very be serious about our war on terrorism, and I thank my friend from Virginia well, and we have visited sites of war, we have to be serious about providing for being so patient in listening. and he, like I, served in World War II, sanctions against states that support The PRESIDING OFFICER. The Sen- and we are veterans. I hope I could en- terrorism. We have to be serious about ator from Virginia. courage the Senator from Virginia and telling American companies they can- Mr. WARNER. Mr. President, it is al- colleagues across the aisle to join us to not deal with those states or with ways a pleasure to hear my old friend shut down this loophole that permits those entities, and that we are truly and colleague in the Senate of so many American companies to do business in- serious. We have to also tell companies years. At the appropriate time I and directly through sham corporations when we say you may not deal with others will put forth our case on this and to earn profits as there are at- terrorist states, you may not do busi- issue. tempts to kill our young people. I hope ness with terrorist states when the Mr. President, I ask unanimous con- the distinguished manager of the bill President so determines, that we are sent that the Lautenberg amendment would give us a chance to talk about also applying this to your subsidiaries be laid aside and that time be granted the amendment and not register oppo- as well. to our distinguished colleague and very sition before having a chance to study So it is an important amendment. We valued member of the committee, the it. had a vote on a very similar amend- Senator from Rhode Island, Mr. REED. Mr. WARNER. Mr. President, as I ment I believe a year ago or so. It al- The PRESIDING OFFICER. Without said, in due course I will have further most passed this body. I think it came objection, it is so ordered. to say. But again it comes down to sep- within one vote, and I hope that, given The Senator from Rhode Island is aration of powers between the execu- what we have seen in the last year, we recognized. tive and legislative branches, and given can only reinforce the point which the Mr. WARNER. Mr. President, will the those situations—and I respect my Senator from New Jersey made in his Senator kindly yield so I can inform good friend’s evaluation of the tragedy amendment previously, that we can the Senate of the desire on behalf of associated with people in those lands pick up the additional votes this time this side of the aisle? and the potential for some dollars and pass this very important amend- Mr. REED. Yes. being funded toward that purpose. But ment. I commend him on it. Mr. WARNER. I will wait to pro- the President has to look at this situa- Mr. LAUTENBERG. I thank the Sen- pound the unanimous consent request tion constantly, every day, 365 days a ator from Michigan. until the other side responds. I am year. Situations change. And for the The question is why we would want going to ask unanimous consent—but I Congress to lay on a blanket prohibi- to protect the opportunity for an will wait until we get a response from tion on Presidential power to exercise American company to help fund terror- the other side—that a vote on or in re- his discretion of where and when and ists directly and indirectly, those who lation to the Frist amendment No. how to disrupt the flow of dollars, as want to kill our people. If you ask the 1342, regarding supporting our Boy pointed out by my colleague from New average person who are the worst en- Scouts, and others, occur at 2:15 today, Jersey, we are very much hesitant to emies America has, they would, I am with no second-degree amendments in do that. So at the appropriate time I sure, list Iran, North Korea, among order prior to the vote; provided fur- will have further to say about this those that would develop weapons of ther that there be 2 minutes equally di- amendment. mass destruction, and we don’t even vided for debate prior to the vote. So I

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8620 CONGRESSIONAL RECORD — SENATE July 21, 2005 say there is the strong likelihood that One of the most glaring and most ob- into anything other than unconditional request will be granted. vious aspects of our runup to the war support for our American soldiers and I thank the Senator for his courtesy. in Iraq is the fact that the American military personnel. That is critical to Mr. REED. Mr. President, I thank the people were told one thing and in re- what they do and critical to what we chairman. ality it turned out to be something should be encouraging here. The PRESIDING OFFICER. The Sen- quite different. The administration ar- We are now engaged in this war. Peo- ator from Rhode Island. gued that Iraq posed an imminent ple are skeptical and critical of the Mr. REED. Mr. President, let me threat to the Nation, which we all premises advanced by the administra- begin by commending Chairman WAR- know today is simply not true, and tion. But we must, in fact, stay until NER and Senator LEVIN for the way some of us then believed was not true. the job is done, until a satisfactory they have brought this bill to the floor. In his State of the Union to the outcome is achieved. It is a collaborative effort, a collegial American people in January 2003, the The military phase of Operation Iraqi effort which has brought to the floor a President talked about Saddam Hus- Freedom was brilliantly executed and a very good bill, which we hope can be sein seeking significant quantities of great success. It shows the extraor- improved by the amendment process. uranium from Africa. dinary preponderance of military But we begin, I think, in a position of Those assertions proved unsubstan- power we can wield in a conventional great strength and great unified sup- tiated. In his address to the U.N. Secu- conflict where we are sending task port for our military forces across the rity Council, Secretary of State Powell forces of tanks and mechanized infan- globe, these young and women who claimed Iraq had seven mobile biologi- try against other conventional mili- make us so proud and do so much to cal agent factories. That, too, proved tary forces. protect our country. to be inaccurate. Perhaps, however, the most impor- I would like to step back for a mo- tant part of the operation was not de- ment and try to have an assessment in In a February 2003 statement, Presi- dent Bush stated: feating the enemy in the field but win- the context of our deliberations today ning the peace in Iraq. That larger task with respect to the Defense authoriza- Senior members of Iraqi intelligence and al Qaeda have met at least eight times since has not gone as well as we all had tion bill. It has been 28 months since hoped. One reason is because we did not the war in Iraq began. It has been 26 the early 1990s. Iraq has sent bomb-making and document forgery experts to work with plan for operations after our conven- months since President Bush declared al Qaeda. Iraq has also provided al Qaeda tional success. According to an article ‘‘mission accomplished’’ onboard the with chemical and biological weapons train- in the Philadelphia Inquirer, when a deck of the USS Abraham Lincoln. And ing. lieutenant colonel briefed war planners it has been almost 13 months since the Again, these assertions have not been and intelligence officials in March 2003 sovereignty of Iraq was handed over substantiated in the intervening days. on the administration’s plans for Iraq, from the Coalition Provisional Author- Many leaders in the administration the slide for the rebuilding operation, ity to the people of Iraq. stated that Iraq attempted to buy It is time, I think, for an assessment. or phase 4–C, as the military denotes high-strength aluminum tubes suitable It is time for an assessment in the con- it, read ‘‘To Be Provided.’’ We went in for nuclear weapons production. These text of our deliberations today with re- with a plan to defeat the military force assertions also proved to be without spect to this very important legislation in Iraq but no plan to occupy and re- major substantiation. governing the conduct of our military construct the country. Based on these statements by our Na- What makes this lack of a plan worse forces around the globe. In October 2002, I was one of 23 Mem- tion’s leaders, the majority of the Con- is that the experts knew and told the bers of this body who voted against the gress and the American people sup- Pentagon what to expect. The same congressional authorization to use ported our operations in Iraq in Octo- Philadelphia Inquirer article states force against Iraq. Regardless of how ber 2002. But it was not long until these there was a ‘‘foot high stack of mate- we voted that day, on this day we are misstatements became clearer to the rial’’ discussing the probability of stiff united in support of our forces in the American public. resistance in Iraq. A former senior in- field. We have to give them what they The CIA sent two memos to the telligence official said: need to do the job they were called White House 3 months before the State It was disseminated. And ignored. upon to perform. of the Union Address expressing doubts There was ample planning done but Back in October 2002, I was not con- about Iraq’s attempt to buy yellowcake not used. We have had, as all military vinced there were weapons of mass de- from Niger. forces, contingency plans dating back struction that could be used effectively In 2002, the CIA produced a report many years for possible operations in by the Iraqis. I was also concerned that that found inconclusive evidence of Iraq, including occupation operations. our stay in Iraq would not be tranquil, links between Iraq and al-Qaida and They were ignored. There was a feel- that we would not be greeted as lib- was convinced that Saddam Hussein ing—an erroneous feeling—we would be erators, but we would literally be never provided chemical or biological greeted as liberators, that it would be sucked into a swirling vortex of ethnic weapons to terrorist networks. basically a parade, rather than the and sectarian rivalries, of ancient Experts at the Department of Energy struggle we have seen today. feuds, of economic problems, of infra- long disputed the assertion that the The results are clear as to this lack structure problems, which I think aluminum tubes were suitable for nu- of planning. The insurgency today is should have provided us a more cau- clear weapons production. robust, and it continues to inflict dam- tionary view of our preemptive attack. The administration’s use and misuse age not only against American mili- Again, despite our forebodings then, of prewar intelligence has caused an tary personnel but also against Iraqis our mission now is to be sure we pro- upheaval in the intelligence commu- who are struggling to develop a demo- vide the resources necessary for our nity and made Congress, the American cratic country. soldiers and sailors and marines and people, and the world community skep- In May there were about 700 attacks airmen and airwomen to carry the day tical of actions with Iraq and other against American forces using IEDs, for us. countries of concern. the highest number since the invasion What we have seen since that day, in I believe this mistake will take years of Iraq in 2003. The surge in attacks has my view, has been a series of mistakes to overcome. What it has done, I think, coincided with the appearance of sig- and errors by the administration in is provide a sense of skepticism in the nificant advancement in bomb design. carrying out their policies, and also an American public about the justifica- This is not only a robust insurgency, it inability to recognize some of these tions for our operations in Iraq. This is a very adaptable insurgency. They mistake and to take effective correc- skepticism has slowly been eating are learning as they fight, and that tive action. I think this inability to away, as reflected in the polls, the view makes them a formidable foe. recognize what has gone wrong—to of the American public as to the useful- Improvised explosive devices now ac- admit it and to correct it—still acts to ness of our operations in Iraq. Once count for about 70 percent of American interfere with the successful imple- again, what is heartening is the fact casualties in Iraq. Recent U.S. intel- mentation of our objectives in Iraq. that this skepticism has not translated ligence estimates put the insurgents’

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Today, months words were, ‘‘Another Banner Military nical sophistication. after President Bush declared the end Recruiting and Retention Year.’’ Back As of today, July 21, 1,771 American of major combat operations and pre- in 2003, we could attract soldiers, Ma- soldiers have been killed, and 13,189 dicted that troop levels would be at rines to the service, much more so than have been wounded. I say American 105,000, over 138,000 troops are still sta- today. That was the time period to act. soldiers. I will use that as a shorthand tioned in Iraq and are likely to be Not only was the need obvious, but the for valiant marines, Navy personnel, there for some time. I would argue that means to obtain objective, willing re- Air Force personnel, because every that, in fact, is not sufficient force. cruits were also much more evident. service has suffered in Iraq. When we cannot secure the borders, Since the administration has refused One of the reasons the insurgency when we cannot secure ammunition to raise the numbers of troops overall— may be stronger is because most of the dumps, when we cannot do many and the number of troops in particular 300-mile border with Syria remains un- things that are central to stability in in Iraq—the Army has been worn down guarded because of a lack of sufficient Iraq, then we need more forces on the by repeated deployments and a per- troops, allowing insurgents and foreign ground. sistent insurgency. Now, ironically, fighters to freely move back and forth One of the more frustrating aspects even if we raise end-strength numbers, between the countries. This insurgency of the administration’s unwillingness it is going to be very difficult for the is also allowed to move freely within to adjust troop levels was that Con- Army to recruit these new soldiers. the country because there are insuffi- gress was ready and willing to help. The Army missed its February through cient troops to break insurgent strong- You can’t have additional forces on the March 2005 recruiting goals. In June, holds. ground in Iraq unless you have addi- the Army recruited 6,157 soldiers, 507 We have seen operations, very suc- tional forces in the Army and the Ma- over their goal. However, the June 2005 cessful operations, such as the tremen- rine Corps, our land forces. Senator goal was 1,000 fewer soldiers than the dously valiant and skillful operations HAGEL and I first raised concerns about preceding year. One might think that of marines reducing the number of in- this issue in October 2003. We offered the goalposts were moved. surgents in Fallujah. But then at the an amendment to the fiscal year 2004 As of June 30, the Army recruited end of the day, or days later, Marine emergency supplemental to raise the 47,121 new soldiers in the year 2005, but forces withdraw or pull back, and end strength of the Active-duty Army that is just 86 percent of its goal. Gen- Fallujah again is a source of at least by 10,000. The amendment was passed eral Schoomaker, Chief of Staff, said incipient resistance to the central Gov- by this body, but it was dropped in con- the Army will be hard pressed to reach ernment of Iraq. ference, primarily because of the oppo- its goal of 80,000 Active-Duty recruits In addition, these insurgents con- sition of the administration. Then by the end of the fiscal year in Sep- tinue to have ample ammunition be- again in 2004, Senator HAGEL and I of- tember. cause it is estimated that even today fered an amendment to the fiscal year Despite the improvement in June, approximately 25 percent of the hun- 2005 Defense authorization bill which the Army has only 3 months left to re- dreds of munitions dumps have not yet was passed by concerned Senators by a cruit soldiers; that is, it will have to been fully secured. I was amazed, in my vote of 94 to 3. This amendment raised recruit on an average of 11,000 soldiers first trip to Iraq—one of five I have Army end strength by 20,000 personnel a month, which is a target way beyond taken—to be up in the area of oper- and the Marines’ end strength by 3,000. the expectation of anyone. The June ations of the 4th Infantry Division with However, the President’s budget re- numbers were also not anywhere near General Odierno, and also at the time quest this year did not acknowledge the 8,086 recruits the Army brought in with General Petraeus, then the com- these end-strength increases. We will during January. This recruiting prob- mander of the 101st, when they pointed therefore try again. The bill which we lem is persistent, and it is causing ex- out there were hundreds and hundreds are presently considering authorizes an treme difficulty. and hundreds of ammunition dumps end strength of 522,400 personnel for These are Active-Duty recruits. The unsecured by any military personnel, the active Army, 40,000 more than the Army National Guard also has its chal- international, American, or Iraqi. President requested, and 178,000 active lenges in recruiting. The Army Na- If you want to know where all this personnel for the Marines, 3,000 more tional Guard is the cornerstone of U.S. ammunition and explosives are coming than requested. I hope, in fact, we forces in Iraq. I am extraordinarily from, well, it was there. It was stolen. might be able to augment even these proud of my Rhode Island Guard men It was diverted. It was hidden away. end-strength numbers. and women. They have served with And now it is being used against our In addition, I hope we can finally pay great distinction. During the first days soldiers. for these increased regular soldiers not of the war, the 115th and the 119th mili- To me, that is a glaring example of through supplemental appropriations tary police companies and the 118th why we should have had more troops on but in the regular budget itself. We are military police battalion were in the the ground at the beginning and, in- deluding ourselves to think that we thick of the fight in Fallujah and deed, more troops on the ground today. can live for the 5 or 10 years we will Baghdad. Since that time, we have had But that was not done. have a significant engagement in our field artillery unit, the 103rd field Perhaps the most well-known con- Iraq—and that is roughly along the artillery unit, deployed. We have had a sequence of undermanning is the lines of even admissions by the Depart- reconnaissance unit, the 173rd, de- abuses at Abu Ghraib. It was a prison ment of Defense—unless we are pre- ployed. The 126th aviation battalion, out of control, and one primary reason pared to have not a temporary fix to the Blackhawk battalion, has been de- was the lack of U.S. military per- the end strength but a permanent fix, ployed. They have done a magnificent sonnel. In 3 weeks, the population of paid for through the budget and not job. The Army National Guard, how- this prison rose from 700 prisoners to through supplementals. ever, is also seeing the effects of this 7,000. Yet the number of Army per- One other aspect, in addition to the operation and the strains are showing. sonnel guarding these prisoners re- notion of end strength and the number The Guard missed its recruiting goal mained at 90 personnel. of personnel on active duty, is how do for at least the ninth straight month in As former CPA Administrator Paul we recruit and retain these soldiers to June. They are nearly 19,000 soldiers Bremer stated in October 5, 2004: maintain overall end strength. This below authorized strength. The Army The single most important change, the one issue is of acute concern because unless Guard was seeking 5,032 new soldiers in thing that would have improved the situa- we are able to attract new soldiers and June, but signed up roughly 4,300. It is tion, would have been having more troops in Marines and unless we are able to re- more than 10,000 soldiers behind its

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We have said it is unlikely that the Guard will they can attract forces by weakening seen how this incident has caused tre- achieve its recruiting goal for fiscal the criteria. mendous implications in the Islamic year 2005, which ends September 30. We are in a situation where we have world. It has questioned our conduct. It Today our Army is one Army. It is to be very conscious of the stress that has set us up for criticism, and it has not an active force with reservists in is on the Army, and we also have to do been—in terms I used with Secretary the background. A significant percent- more to support the Army, particularly Rumsfeld when he appeared before us— age of the forces today in Iraq are Na- in recruiting and retaining. The Con- a disaster for us. Still, I don’t think we tional Guard men and women. We can- gressional Research Service has deter- have fully accounted for what hap- not continue to operate our Army, not mined that approximately 50 new in- pened. I don’t think we adequately un- only to respond to Iraq but to other centives have been signed into law derstand how techniques that were de- contingencies, if we do not have a fully since the United States invaded Iraq. veloped for use at Guantanamo, which staffed National Guard and Reserves. These are positive tools to enhance re- was deemed by the President to be not Looking at the Army Reserve, the cruitment and retention. But while under the legal control of the Geneva story is the same. So far this year, the these incentives are needed, we must Convention, how those techniques Army Reserve has only been able to re- acknowledge the cost the Government might relate to Iraq which, according cruit 11,891 soldiers. Their target is is paying is a significant sum. We must to the President, was fully subject to roughly 16,000. At this point, they are pay that sum, but we must recognize the Geneva Conventions. How did those about 26 percent short of their goal. that this is an expensive proposition of techniques move from one area to an- One Army recruiting official noted recruiting volunteers in a time of war. other area? It wasn’t simply five or six that since March, the Army has can- The other aspect that we should be individual soldiers; it was something celed 15 basic training classes for the concerned about is the fact that we more than that. We have had several infantry at Fort Benning because it did have seen a situation in Iraq where snapshots. We have had 12 reports, but not have the soldiers, 220 to 230 of them now we are discovering shortages of they have looked at various pieces. I for each those classes. Now they will key personnel, complaints that the sol- don’t think we have a comprehensive begin processing smaller classes of diers in the field, the units in the field, view of what happened. were not fully resourced, had inad- about 180 to 190. More importantly, I think we have Complementing the recruiting effort, equate training, again, most demon- yet to be able to step back and deter- of course, is the retention effort. Re- strably the Abu Ghraib situation where mine, in a careful and thoughtful way, tention is a ‘‘good news’’ story. Reten- the lack of resources and training were what the rule should be. As I talk to tion rates are high. But they won’t ad- singled out. What we have found senior officers, one of their demands is: though is that, going back, no one dress certain key personnel vacancies Give us clear rules. Give us the policy. seemed to be complaining—at least to which are being discovered within the And that policy has to be produced not us—about these lack of resources. in the secretive corridors of the Pen- military. One fear I have is that there essen- From October 1 to June 30, the Army tagon but here—and perhaps not here, tially has been a chilling effect by Sec- reenlisted about 53,000 soldiers, 6 per- directly in the Congress, but through a retary Rumsfeld with respect to advice cent ahead of its goal. At that pace, commission that we can adopt that flowing from the field into the Pen- the Army would finish this fiscal year tagon and to him. The most notorious will look at what happened, put all the with 3,800 troops ahead of the targeted example of this might be the treatment pieces together and then recommend 64,000. However, that still is a 12,000- of General Shinseki, as we all recall. what changes we must make so that we troop shortfall when you look at the He was asked—he did not volunteer— can conduct this war on terror without recruiting and retention numbers to- about the size of the force needed in sacrificing our principle dedication to gether. Iraq. And he said something on the international laws and also without One method the Army is using to order of several hundred thousand sol- putting our troops in danger. Because maintain retention levels is the so- diers. He was immediately castigated unfortunately what we do, even if it is called stop-loss procedure, where some- by the Secretary, who said his estimate the aberrant acts of a few soldiers, one who might be able to leave the was far from the mark. Secretary could easily be emulated by others service at the end of enlistment, if Wolfowitz called the estimate out- when our soldiers fall into their hands. their unit is notified to go to Iraq, they landish, and then, in his few remaining That would be terrible. cannot leave during that notification days in the Army, General Shinseki Now, there is another aspect of the period and during that deployment pe- felt shunned by the civilian leadership problem. We can win a military victory riod. That adds to retention a bit, but of the Pentagon. In fact, General in Iraq, but unless we restore the coun- it is not something that, over time, Shinseki’s observation was more accu- try economically and help them de- year in and year out, can be sustained. rate than any of the plans being ad- velop a viable political process, we will So we have a situation now where our vanced by the Secretary of Defense. not succeed. The reconstruction activi- Army is deeply stressed, and this stress This aspect of criticizing professional ties to date have been sadly lacking is demonstrated very clearly in recruit- officers who come forward publicly at and lagging. We have approximately ment, very clearly in making end- our request and give their professional $18.1 billion committed to the effort, strength numbers which we are trying opinion does not create the kind of en- but these dollars have not been spent to increase. vironment that is conducive to bring- well or wisely. Most of the money is The Army is also trying to deal with ing forward advice and to recognizing going to what they call ‘‘security pre- this issue of recruitment and retention problems and to providing the kind of miums’’ because of the instability in by looking at their standards. One of leadership which is necessary. Iraq. the dangers—and it hasn’t become It wasn’t just limited to General My colleagues, including Senator manifest yet but it certainly has been Shinseki. The former Secretary of the LAUTENBERG, were talking about some in previous conflicts—is that there is a Army, Secretary Thomas White, de- of the aspects of what appears to be ex- huge effort or tension, if you will, to fended the Army on several occasions, cessive billing by our contractors. And, reduce standards in order to get people disagreed with the Secretary. He was, of course, more and more attention is to come in. I don’t think that has hap- for all intents and purposes, cashiered. being paid to the issue of corruption pened yet, but that is looming over the That sends a bad signal, and it has a and bribery within the context of the horizon. I think we have to be con- chilling effect. We are living with that Iraqi economy. All of this suggests scious in this body to look carefully at chilling effect today, unfortunately. that we have a long way to go before the numbers, not just in terms of how Then again, as I mentioned, as we we can demonstrate to the Iraqi people many soldiers enlisted but also that we look at Abu Ghraib, that is one of most those palpable benefits which I believe

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One is military power, but pumping oil and it will be a profit cen- do these jobs. also economic power. If we are not able ter, it will pay for the whole war, and In Baghdad, the State Department to support and afford these efforts over we don’t have to worry about anything. authorized 899 positions but has only the 5 years, 10 years, or more this glob- We are not nearly paying for this war filled 665. The State Department has al war on terror is going to take with the proceeds of Iraqi oil produc- then authorized 169 for the rest of the place—and all observers see this as a tion. country—in fact, I suggested that the generational struggle, not an episodic The goal was to export a certain level should be higher—but only 105 of one—then we are not going to have the number, and we are falling short of those have been filled. Iraq is short economic staying power. that number of barrels per day. Iraqi about 298 needed State Department Frankly, our economy is performing oil revenue will be $5 billion to $6 bil- personnel. These are the people who in a fitful fashion. We have a huge fis- lion short this year. That revenue pays are doing what is so critical at this cal deficit that is draining our ability for many things—subsidies for petro- juncture—providing political men- to fund needed programs—not just leum in Iraq, food, civil service, and it toring, providing technical assistance, military programs but domestic pro- pays for infrastructure. Who is going to providing those resources that com- grams also. We have a huge current ac- make up that shortfall? If we leave in plement military operations. Without counts deficit which, again, will come a situation when the Iraqis cannot gen- them, military operations would not home one day when those foreigners erate enough money to pay their own ultimately be successful. who are lending us money will ask for budget, what is going to happen to that There are several reasons for this sit- the money back with interest. These country? uation with the State Department. economic forces will, I think, not sup- So we have huge economic problems. First, the tour for State Department port indefinitely the kind of expendi- Another manifestation of the economic personnel in Iraq is not 3 years, but 6 tures we need to protect ourselves. problems of the Iraqi Government is months or a year, so State is running So along with reforming and electricity. It is the key to stability. through people at a very rapid rate. strengthening our military, we have to There are places in Baghdad today that There is a general shortage of mid- reform and strengthen our fiscal poli- are enjoying fewer hours of electricity level officers for the State Department cies in the United States. We cannot than they did under Saddam Hussein. worldwide, and those are the officers continue to spend in supplementals bil- As a result, there are brownouts and who would be placed outside Baghdad. lions of dollars a year. We have to rec- blackouts. It is a direct reminder to They have the experience and expertise ognize that and we have to take steps, the people that things are not going so to operate independently. The problem and we have to ultimately pay for this well. We need to get that situation in is opening up too many new posts. We war. order. have situations in which new nations It seems to me in this context illogi- Now, as General Abizaid pointed out: evolved. They have to be supported by cal, if not absurd, to advancing huge Military forces, at the end of the day, only State Department personnel. additional tax cuts at a time when we provide the shield behind which politics Secretary Powell did a great job in are struggling to conduct a war. If that takes place. engaging new personnel to come to the had been our attitude in World War II, Providing politics that are open, trans- State Department, but these are entry we never would have succeeded. We parent, and legitimate, we have been trying level personnel, and the midlevel, key would have been bankrupt before 1945. to do that. midlevel personnel are inadequate in At that time, we responded, as we have There has been established a process terms of numbers, not in terms of in every major conflict. We asked all to draft a constitution. We hope by Au- skills or talents—certainly not that— Americans to share the sacrifice, not gust 15, 2005, a draft is presented to the but in terms of numbers. just those in uniform, but those on the nation and can be voted on by October There is another obvious reason. It is homefront, those who can help pay for 15. If the constitution is approved, a very dangerous to be outside the green the war, as well as those who are fight- permanent government can be elected zone in Iraq. All of these State Depart- ing the war. by December 15 and take office by De- ment personnel need to be protected, Yet today we are advancing two, in cember 31, the end of this year. But it and that is slowing down their ability my mind, almost contradictory pro- is a very difficult process. If you look to deploy into the field. posals. We are going to stay the course at the headlines today, Sunni members I understand also there are incen- in Iraq, we are going to take a genera- of the parliamentary commission are tives being considered by the State De- tion, if necessary, to defeat global ter- at least temporarily boycotting it be- partment to get more people there. ror, we are going to do it not only with cause of fears for their safety. There However, unless we have a robust com- military resources, but we are going to are suggestions that some provisions of plement of AID officials, State Depart- have to mobilize resources of the world the constitution would be difficult for ment experts to help support our mili- to change the social and political dy- us to support—they are heavily allied tary efforts, we will not be able to ob- namics of countries across the globe, with Islamic law, or they don’t provide tain a satisfactory resolution in Iraq. I particularly Islamic countries—all for a robust secular sector in Iraq. hope we can do more to do that. that very expensive—but, of course, we For all these reasons, we still have a This is a very perilous time in Iraq. are going to cut taxes dramatically. We long way to go in the political process Just this week, a Shi’a leader stated have to decide in a very significant and the economic process that will pro- that Iraq was slipping into civil war. If way whether we can afford this dra- vide us the final means to leave the it does, then we will have a terrible matic contradiction. I don’t think we country, to take out significant mili- burden with our forces deployed in the can. tary forces. midst of a civil war. Some others have We have a great deal to do in the There is one other aspect of the polit- said there has been an incipient civil next few days with respect to this leg- ical process and of the economic proc- war for months now and one of a more islation. I think it is important to get ess, and that is the role not of our mili- major characteristic ready to break on with it. I hope not only do we stay tary forces but of our State Depart- out. We do need to respond to these the course in Iraq, but we stay the ment personnel. One of the things that issues. course on this legislation. The major- struck me when I was in Iraq last There is another policy impact with ity leader has suggested he is prepared Easter was the comment by soldiers in respect to Iraq, and that is the impact to leave this bill in midcourse to turn the field that they needed more State on its other worldwide missions, like to legislation with respect to gun li- Department support, not in Baghdad our ability to maintain our successes ability immunity. That would, in my

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I support to that youth organization than was fore moving on to something else. I think we should stick to the bill. provided during the preceding fiscal year. hope we don’t move off this bill. Stay Mr. WARNER. Mr. President, I thank As I read that, the Appropriations the course on this legislation. We will my colleague. If the Senator partici- Committee could not appropriate less have amendments, debate them, hope- pated in many of these bills before—for money for a youth organization next fully we will adopt those to improve example, tonight, I am not being en- year than they did this year if we pass the bill, and then we will send, I hope, tirely popular with a number of indi- this permanent law. Is that how the to conference a good piece of legisla- viduals because I am requesting of the Senator from Virginia reads it? tion of which we can be proud and, leadership the right to go on into the Mr. WARNER. Mr. President, I thank more importantly, that can assist our night with votes, as late as we can pos- my colleague for raising this question. soldiers, sailors, marines, and air men sibly go, and then tomorrow morning The distinguished Senator from Michi- and women in the field. have more votes and continue tomor- gan discussed it with me earlier. You I yield the floor. row. After the votes, presumably, if have read it and you have interpreted The PRESIDING OFFICER. The Sen- they are scheduled in the morning, it it correctly. It is to sustain the level of ator from Virginia. may well be we will continue on the funding and activities that have been Mr. WARNER. Mr. President, I thank bill with some understanding among historically provided by the several the Senator for his comments. Senator Members that the votes we desire, as a agencies and departments of the Gov- REED is an esteemed member of the consequence of the other work on Fri- ernment heretofore. committee. day, will be held on Monday some time. Mr. DURBIN. I further ask—I have no I assure the Senator, I have been in I assure the Senator from Rhode Is- objection to the Boy Scouts gathering consultation with our leadership and land, I am working as hard as I can to at a jamboree or using the facilities. I presumably the Senator’s leadership get this bill passed. I thank the Sen- have no objection to the appropriation about this bill. We brought it up with ator for his cooperation. of money for that purpose. But are we the understanding that there may be Mr. REED. I thank the Senator. truly saying that you could never, ever matters that require the attention of Mr. WARNER. Mr. President, I sug- reduce the amount of money that was the Senate, at which time we do not do gest the absence of a quorum. given to them? anything but put it aside for a brief pe- The PRESIDING OFFICER. The Mr. WARNER. I say to my good riod of time and then bring it up again. clerk will call the roll. friend, that is the way the bill reads, This is my 27th time I have had the The assistant legislative clerk pro- and there 60-some cosponsors who, pre- privilege of being engaged in one level ceeded to call the roll. sumably, have addressed that. I or another the managing of the Defense Mr. WARNER. I ask unanimous con- brought it to the attention of the staff bill. I can recall one time it took us 41⁄2 sent that the order for the quorum call of the leader a short time ago and indi- weeks to get it through. But it was a be rescinded. cated this, asking do I have a clear un- leadership decision and the managers The PRESIDING OFFICER. Without derstanding, and the Senator has re- of our bill recognize from time to time objection, it is so ordered. cited the understanding that I have. we have to accede. UNANIMOUS-CONSENT REQUEST Mr. LEVIN. Will the Senator from Il- I am not here to try and prejudge Mr. WARNER. Mr. President, in con- linois yield for a question? what legislation may or may not be currence with my distinguished rank- Mr. DURBIN. Yes. brought up, but I assure the Senator, I ing member, I advise the Senate that Mr. LEVIN. I read this the same as am in total support of the leader mak- we will have a vote on amendment No. the Senator from Illinois. It is not just ing those decisions. 1342, regarding supporting the Boy that there be no possibility ever of any Mr. REED. Mr. President, if I may re- Scouts, occurring at 2:30, with no sec- agency reducing any funding that goes spond, I appreciate not only the leader- ond-degree amendments in order prior to the Boy Scouts, which is the pur- ship of the chairman, but also his in- to the vote; provided further, there be ported purpose of this, but it is any credible commitment to our military 2 minutes of debate equally divided be- youth organization because it says any forces. My point is very simple. I think fore the vote. form of support for a youth organiza- we should finish this bill. We have Mr. LEVIN. Reserving the right to tion. That means any youth organiza- waited weeks to go on it. But I also object, and I will not object, I under- tion, including the Boy Scouts. As I point out that if other matters come stand that is a delay being requested read this, it would make it impossible before the Senate, as Senators we have from 2:15 to 2:30, so that everybody can for any youth organization, no matter the full right to use all of the proce- understand. how bad it was managing its books, no dures, we have the right to debate. I Mr. WARNER. That is correct. matter what there might be in terms of would hate to be in a situation—and I Mr. DURBIN. Reserving the right to fraud and abuse—we are talking about hope that is not the case—where if we object, is the Senator from Virginia every single youth organization that attempt, let’s say, next week to engage prepared to discuss the Frist amend- gets funding from the Federal Govern- in extensive and productive debate ment? I am reading it for the first ment, no matter what the reduction in about a particular issue, we are not re- time. There is a section I would like to the number of members of that youth minded that we are holding up the De- ask him about. organization is, you could not reduce, fense authorization bill; that no one Mr. WARNER. I am prepared to dis- apparently, a grant from a Federal will suggest our ability to debate an cuss it. agency to any youth organization. I issue which, frankly, is on the agenda Mr. DURBIN. Reserving the right to think that goes way beyond the stated not through our desires but others’, object, I call the attention of the Sen- purpose of this amendment, which is to would somehow be interpreted as slow- ator to page 3. If the underlying pur- protect the Boy Scouts, which I agree ing down our ability to respond to the pose of this amendment is to allow the with and understand and support. needs of our soldiers, sailors, marines, Boy Scouts of America, or similar or- Mr. WARNER. Mr. President, if I air men and women. ganizations, to have their annual jam- may say to my colleagues, in no way I am on record saying I would like to boree—which I understand they use does this bind the Appropriations Com- see us finishing this bill without inter- military facilities and continue to do mittee to exercise such discretion as it ruption, but if there is an interruption, so, and I have no objection to that. may so desire in that level of funding. then this Senate and our colleagues Could I ask the chairman of this com- If it was brought to their attention have to have the right to fully debate mittee to please read with me on page that there was malfeasance or inappro- any measure that comes before the 3, starting with line 16, the paragraph priate expenditures at some point in

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ERAGE.—(1) TRICARE Standard’’ and all that ferred to, but any Federal agency, Mr. WARNER. Yes. I thank my col- follows through ‘‘(3) Eligibility’’ and insert- which means any agency that makes league. In view of the fact that there is ing ‘‘(b) TERMINATION OF ELIGIBILITY UPON any grant to any youth organization a strong indication by myself and my TERMINATION OF SERVICE.—Eligibility’’. cannot reduce that grant, no matter distinguished ranking member that it (c) CONFORMING AMENDMENTS.— (1) Such section is further amended— what the reason is, next year. That is be accepted, can we reach a time agree- the way I read this. It is so overly (A) by striking subsection (e); and ment? (B) by redesignating subsection (g) as sub- broad, it ought to be modified or Mr. GRAHAM. Is 20 minutes OK? section (e) and transferring such subsection stricken or something. Mr. WARNER. Equally divided be- within such section so as to appear following I think all of us want to support the tween yourself and the Senator from subsection (d). Boy Scouts and their jamboree, using New York? Then I think 10 minutes for (2) The heading for such section is amended the facilities or the support of the Sec- Senator LEVIN—let us assume that we to read as follows: retary of Defense and the armed serv- can do it in 30 minutes. ‘‘§ 1076d. TRICARE program: TRICARE ices, as they have done before, but this Mr. GRAHAM. Let us make it 30 min- Standard coverage for members of the Se- is way broader than that. utes so that we can get everybody in, lected Reserve’’. Mr. WARNER. Mr. President, this equally divided. I believe Senator (d) REPEAL OF OBSOLETE PROVISION.—Sec- issue was raised and the legal counsel LEAHY wants to speak on it. tion 1076b of title 10, United States Code, is repealed. drew this up. I must say, you raise a Mr. LEVIN. Is Senator LEAHY a sup- point, but I am sure if there are any (e) CLERICAL AMENDMENTS.—The table of porter or opponent of the amendment? sections at the beginning of chapter 55 of improprieties associated with these Mr. GRAHAM. Supporter. title 10, United States Code, is amended— programs, the appropriators have full Mr. LEVIN. I do not know of any op- (1) by striking the item relating to section authority to curtail or eliminate the position. 1076b; and funding. Mr. GRAHAM. That would be great. (2) by striking the item relating to section Mr. DURBIN. If I may say, I know Mr. WARNER. I ask unanimous con- 1076d and inserting the following: the Senator has a pending unanimous- sent that the time agreement for the ‘‘1076d. TRICARE program: TRICARE Stand- consent request. I would like to amend amendment offered by the Senator ard coverage for members of that request to allow language to be from South Carolina and the Senator the Selected Reserve.’’. added to amend this particular section from New York be 45 minutes, 30 min- (f) SAVINGS PROVISION.—Enrollments in stating that if you have a youth orga- utes to the proponents, and 15 minutes TRICARE Standard that are in effect on the nization that is guilty of wasting or reserved to the managers. day before the date of the enactment of this stealing Federal funds, that youth or- The PRESIDING OFFICER. Is there Act under section 1076d of title 10, United ganization is not automatically going objection? States Code, as in effect on such day, shall be continued until terminated after such day to receive the same amount of funds in Without objection, it is so ordered. under such section 1076d as amended by this the next year. That is malfeasance at AMENDMENT NO. 1363 section. its worst and a waste of taxpayer dol- Mr. GRAHAM. I send an amendment Mr. GRAHAM. Mr. President, I will lars. I am sure the Senator from Vir- to the desk. try to keep this very short. This ginia and the Senator from Michigan The PRESIDING OFFICER. Without amendment is not new to the body. and I don’t want to be party to that. objection, the pending amendment is This is something that I have been If I may reserve the right to offer a laid aside. working on with Senator CLINTON and second-degree amendment to that sec- The clerk will report the amendment. other Members for a very long time. It tion, I would be happy to allow the The assistant legislative clerk read deals with providing the Guard and Re- unanimous-consent agreement. as follows: serves eligibility for military health Mr. WARNER. Mr. President, what I The Senator from South Carolina [Mr. care. suggest in the parliamentary situation GRAHAM], for himself, Mrs. CLINTON, Mr. As a setting or a background, of all is that I withdraw the unanimous-con- LEAHY, Mr. LAUTENBERG, Mr. DEWINE, Mr. sent request at this time. In the inter- KERRY, Mr. PRYOR, Mr. REID, Mr. COLEMAN, the people who work for the Federal val, until we raise the question to vote Mr. DAYTON, Mr. ALLEN, Ms. CANTWELL, and Government, surely our Guard and Re- again, the Senator presumably will en- Ms. MURKOWSKI proposes an amendment serves are in that category. Not only gage with the leader’s office regarding numbered 1363. do they work for the Federal Govern- these concerns. So I withdraw the re- Mr. GRAHAM. Mr. President, I ask ment, sometimes on a very full-time quest at this time rather than amend unanimous consent that the reading of basis, they are getting shot at on be- it. the amendment be dispensed with. half of the Federal Government and all The PRESIDING OFFICER. The re- The PRESIDING OFFICER. Without of us who enjoy our freedom. Tem- quest is withdrawn. objection, it is so ordered. porary and part-time employees who Mr. WARNER. Mr. President, I ask The amendment is as follows: work in our Senate offices are eligible unanimous consent that the order for (Purpose: To expand the eligibility of mem- for Federal health care. They have to the quorum call be rescinded. bers of the Selected Reserve under the pay a premium, but they are eligible. The PRESIDING OFFICER. Without TRICARE program) Of all the people who deal with the objection, it is so ordered. At the end of subtitle A of title VII, add Federal Government and come to the Mr. WARNER. Mr. President, the the following: Federal Government when they are amendment—we call it generically the SEC. 705. EXPANDED ELIGIBILITY OF MEMBERS needed, the Guard and Reserve, they OF THE SELECTED RESERVE UNDER Boy Scout amendment—offered by the THE TRICARE PROGRAM. are ineligible for any form of Federal distinguished majority leader is being (a) GENERAL ELIGIBILITY.—Subsection (a) Government health care. Twenty-five looked at in the full expectation that it of section 1076d of title 10, United States percent of the Guard and Reserve are can be resolved and voted on at an ap- Code, is amended— uninsured in the private sector. About propriate time this afternoon. For the (1) by striking ‘‘(a) ELIGIBILITY.—A mem- one in five who have been called to ac- moment, I believe the distinguished ber’’ and inserting ‘‘(a) ELIGIBILITY.—(1) Ex- tive duty from the Guard and Reserve Senator from South Carolina and the cept as provided in paragraph (2), a mem- have health care problems that prevent ber’’; Senator from New York have an (2) by striking ‘‘after the member com- them from going to the fight imme- amendment, and I think we should pro- pletes’’ and all that follows through ‘‘one or diately. ceed with that debate. more whole years following such date’’; and So this amendment will allow them The PRESIDING OFFICER. The Sen- (3) by adding at the end the following new to enroll in TRICARE, the military ator from Michigan. paragraph: health care network for Active-Duty

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Governors Association, the National The last paragraph states: National eled after what Federal employees have Guard Association of the United to do working in a traditional role with Guard and Reserve soldiers who serve States, the Military Officers Associa- the Federal Government. So they have in transportation support units suf- tion of America, the Fleet Reserve As- to pay for it, but it is a deal for family fered more than others from depres- sociation, the Reserve Enlisted Asso- members of the Guard and Reserves sion, anxiety, and other indications of ciation, and the Air Force Sergeants that I think helps us in three areas: re- acute psychological stress, the report Association that I would like to submit tention, recruiting, and readiness. stated. These soldiers have often been for the RECORD, saying directly to the Under the bill that we are about to targets of the insurgents’ lethal am- Congress: pass, every Guard and Reserve member bushes and roadside bombs. will be eligible for an annual physical Last month and the month before This is a good benefit. If you will to make sure they are healthy and last were the most deadly for the enact it, it would improve the quality they are maintaining their physical Guard and Reserve since the war start- of life for our Guard and Reserve mem- status so they can go to the fight. ed. The role of the Guard is up, not bers and their families. It will help re- What happens if someone has a phys- down. It is more lethal than it used to cruiting and retention, and it is need- ical and they have no health care? To be, and families are being stressed. ed. What we did last year, thanks to me, it is absurd that we would allow I ask unanimous consent to have Chairman WARNER, was a good start. this important part of our military those letters printed in the RECORD. force’s health care needs to go We provided relief for Guard and Re- unaddressed, and it showed up in the serve members who had been called to There being no objection, the mate- war. We have had problems getting active duty since September 11, and rial was ordered to be printed in the people into the fight because of health their families. If you were called to ac- RECORD, as follows: care problems. If we want to recruit tive duty for 90 days since September NATIONAL GOVERNORS ASSOCIATION, and retain, the best thing we can do as 11 to now, you were eligible for Washington, DC, March 17, 2005. a nation is to tell Guard and Reserve TRICARE for 1 year. If you served in Hon. LINDSEY O. GRAHAM, U.S. Senate, members and their families, if they Iraq for a year, you would get 4 years of TRICARE. The problem is, some peo- Washington, DC. will stay in, we are going to provide a Hon. HILLARY RODHAM CLINTON, benefit to them and their families that ple are going to the fight voluntarily U.S. Senate, they do not have today that will make and don’t meet that criteria. Two- Washington, DC. thirds of the air crews in the Guard and life better. DEAR SENATOR GRAHAM AND SENATOR CLIN- Reserve have already served 2 years in I ask unanimous consent that a USA TON: The nation’s Governors join with you in Today article entitled ‘‘Army Finds some capacity involuntarily. They your bipartisan legislative efforts to improve Troop Morale Problems in Iraq,’’ be keep going to the fight voluntarily and healthcare benefits for members of the Na- printed in the RECORD. their service doesn’t count toward tional Guard and Reserves by allowing them There being no objection, the mate- TRICARE eligibility. to enroll in TRICARE, the military rial was ordered to be printed in the The bottom line is we have improved healthcare system. We believe ‘‘The Guard and Reserve Readiness and Retention Act of RECORD, as follows: the amendment. We need to reform it even more. We have reduced the 2005,’’ will improve readiness and enhance re- [From the USA Today] amount of reservists eligible to join cruitment and retention. ARMY FINDS TROOP MORALE PROBLEMS IN this program to the selected Reserves. The men and women in our National Guard IRAQ Since I am in the indefinite Reserve and Reserves are playing an increasingly in- (By Paul Leavitt) status as a reservist, I am not eligible tegral role in military operations domesti- A majority of U.S. soldiers in Iraq say mo- for this, nor should I be. But if you are cally and around the world. Their overall ac- tivity level has increased from relatively rale is low, according to an Army report that a selected Reserve under our amend- finds psychological stress is weighing par- modest annual duty days in the 1970s to the ticularly heavily on National Guard and Re- ment, you are eligible for TRICARE. current integration, making up approxi- serve troops. We have reduced the number of reserv- mately 40 percent of the current troop force The report said 54% of soldiers rated their ists eligible. We have reduced the in Iraq. Surely these patriotic men and units’ morale as low or very low. The com- amount of premiums the Reserve and women deserve support for complete health parable figure in an Army survey in the fall Guard member would have to pay. We benefits for themselves and their families. of 2003 was 72%. have reduced it from $7.1 billion to $3.8 As our nation makes more demands on the Soldiers’ mental health improved from the billion over 5 years. We have made it National Guard and Reserve, we must make early months of the insurgency, and the more fiscally sound. every effort to keep their health benefits number of suicides in Iraq and Kuwait de- commensurate with their service. We en- clined from 24 in 2003 to nine last year, the But the bottom line is for me, you courage your colleagues to support this leg- report said. The assessment is from a team cannot help these families enough, and islation, which will allow our National of mental health specialists the Army sent $3.8 billion over 5 years is the least we Guard and Reservist members and their fam- to Iraq and Kuwait last summer. can do. What does it cost to have the ilies the opportunity to participate in the The report said 13% of soldiers in the most Guard and Reserve not ready and not TRICARE program. recent study screened positive for a mental fit to go to the fight? What does it cost health problem, compared with 18% a year to have about 20 percent of your force As Commanders-in-Chief of our nation’s earlier. Symptoms of acute or post-trau- unable to go to the fight because of National Guard forces, we look forward to matic stress remained the top mental health working closely with you and other Members problem, affecting at least 10% of all soldiers health care problems? This is the best of Congress to ensure that this legislation checked in the latest survey. use of the money we could possibly passes during the first session of the 109th In the anonymous survey, 17% of soldiers spend. There is all kinds of waste in Congress. said they had experienced moderate or se- the Pentagon that would more than Sincerely, vere stress or problems with alcohol, emo- pay for this, and our recruiting num- GOVERNOR DIRK tions or their families. That compares with bers for the Guard and Reserve are not KEMPTHORNE, 23% a year earlier. going to be met this year because the Idaho, Lead Governor National Guard and Reserve soldiers who Guard and Reserve is not a part-time on the National serve in transportation and support units Guard. job any longer. It is a real quick ticket suffered more than others from depression, GOVERNOR MICHAEL F. anxiety and other indications of acute psy- to Iraq and Afghanistan. EASLEY, chological stress, the report said. These sol- The people who are in the Guard and North Carolina, Lead diers have often been targets of the insur- Reserves are helping us win this war Governor on the Na- gents’ lethal ambushes and roadside bombs. just as much as their Active-Duty tional Guard.

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NATIONAL GUARD ASSOCIATION In the meantime, MOAA has sent letters to these goals. Your continued support of the OF THE UNITED STATES, all members of the Senate requesting their Reserve Components is appreciated. Washington, DC, July 21, 2005. vote in favor of your amendment. Sincerely, Hon. LINDSEY GRAHAM, MOAA is extremely grateful for all of your LANI BURNETT, U.S. Senator, support on this and other issues, and we Chief Master Sergeant (Ret), USAFR, Washington, DC. pledge to work with you to do all we can to REA Executive Director. DEAR SENATOR GRAHAM: I write today to secure your amendment’s inclusion in the express this association’s strong support for FY2006 Defense Authorization Act. AIR FORCE SERGEANTS ASSOCIATION, expanded TRICARE coverage for Guardsmen Sincerely, Temple Hills, MD, February 26, 2005. and Reservists as included in the Graham/ NORBERT R. RYAN, Hon. LINDSEY GRAHAM, Clinton amendment to the FY06 defense au- President. U.S. Senate, Washington, DC. thorization bill. The National Guard Asso- DEAR SENATOR GRAHAM, on behalf of the ciation of the United States appreciates the FLEET RESERVE ASSOCIATION, 132,000 members of the Air Force Sergeants long-standing support from both sides of the Alexandria, VA, May 31, 2005. Association, thank you for introducing S. Senate aisle for equity in Guard and Reserve Hon. LINDSEY O. GRAHAM, 337, the ‘‘Guard and Reserve Readiness and health care coverage and believe your U.S. Senate, Retention Act of 2005.’’ This bill would pro- amendment reflects our collective commit- Washington, DC. vide a realistic formula allowing members of ment to that coverage. DEAR SENATOR GRAHAM: The Fleet Reserve the National Guard and Reserve to receive Whether a member of the Guard is attend- Association (FRA) is pleased to offer its sup- retirement pay based upon years of service. ing monthly drill or in combat in Iraq, that port for your amendment to S. 1082 that Importantly, it would allow members that man or woman should have access to this would authorize permanent, fee-based qualify to receive retirement benefits prior coverage. As the war on te1Tor continues, Tricare eligibility for all members of the Se- to age 60. As you know, the Guard and Re- the line between Guard member and active lected Reserve. This will be a major improve- serve are the only federal entities that do duty member has become indistinguishable. ment to the temporary eligibility authorized not receive retirement pay at the time their The Secretary of Defense, has said repeat- by the U.S. Congress last year. service is complete. This bill would help cor- edly, ‘‘the War on Terror could not be fought FRA believes strongly that your amend- rect this injustice encountered by many of without the National Guard’’. Battles would ment is the right way to go. The Nation can our members. We also applaud the provision to improve not be won, peace would not be kept and sor- ill afford to mobilize its reserve forces in the the healthcare benefits for the members in ties would not be flown without these sol- war against terrorism, place them in an in- the Guard and Reserve by allowing them the diers and airmen. definite period of active service then, offer option of enrolling in TRICARE on a month- Over the past two years, the Senate has in- them a health care plan that does not en- ly premium basis, regardless of their activa- cluded a provision in the defense authoriza- courage participation. tion status. These two initiatives would go tion bill allowing a member of the National Recruiting and the retention of members far to improve the morale, readiness, and re- Guard or Reserve, regardless of status, to of the Reserve forces is becoming an in- tention of our valuable reserve forces. participate in the TRICARE medical pro- creased challenge. The availability of enroll- Senator Graham, we appreciate your lead- gram on a contributory basis. This year, the ing in a permanent health care plan that em- ership and dedication to America’s United States Senate has another oppor- braces the family with comfort and assured servicemembers and their families. We sup- tunity to give TRICARE access to any mem- assistance, not only provides the reservist port you on this legislation and look forward ber of the National Guard who wishes to use with ease of mind particu lady if he or she is to working with you during the 109th Con- TRICARE as their primary health care pro- immediately ordered to or serving in a haz- gress. vider, even when not in a mobilized status. ardous duty zone. Sincerely, The National Guard Association of the FRA is assured that extending permanent RICHARD M. DEAN, United States urges the United States Sen- cost-share to Tricare for all selected Reserve Excutive Director. ate to adopt the Graham/Clinton amendment members will help demonstrate Congress’s and allow all members of the National Guard and the nation’s commitment to protecting Mr. GRAHAM. We are building on and their families access to TRICARE cov- the interests of our citizen soldiers, airmen, what we did last year. This fight is erage on a cost-share basis, regardless of sailors, Coast Guardsmen, and Marines who going to go on for a long time in Iraq duty status. are sacrificing so much to protect the United and Afghanistan. We can’t leave too Sincerely, States and it citizens. soon. The idea of having a smaller in- STEPHEN M. KOPER, FRA encourages your colleagues to sup- volvement by Guard and Reserves is an Brigadier General, USAF, (Ret.), port your amendment. intriguing idea, but it is not going to President. Sincerely, happen anytime soon either. This ben- JOSEPH L. BARNES, MILITARY OFFICERS National Executive Secretary. efit will help immeasurably the quality ASSOCIATION OF AMERICA, of life of guardsmen and reservists, Alexandria, VA, July 15, 2005. RESERVE ENLISTED ASSOCIATION, take stress off of them and their fami- Hon. LINDSEY GRAHAM, Washington, DC, July 20, 2005. lies, and it is the least we can do as a U.S. Senate, Senator LINDSEY GRAHAM, nation who are being defended by part- Washington, DC. U.S. Senate, Washington DC. time soldiers who are really full in DEAR SENATOR GRAHAM: On behalf of the DEAR SENATOR GRAHAM, I am writing on every capacity and die in every bit the nearly 370,000 members of the Military Offi- behalf of the Reserve Enlisted Association same numbers, if not greater, than cers Association of America (MOAA), I am supporting all Reserve enlisted members. We writing to express our deepest gratitude for are advocates for the enlisted men and their Active-Duty counterparts. your leadership in securing needed legisla- women of the United States Military Reserve I will yield the floor to Senator CLIN- tion for America’s servicemembers. Your Components in support of National Security TON, who has been with us every step of planned amendment to S 1082 that would au- and Homeland Defense, with emphasis on the the way. We have made a great deal of thorize permanent, fee-based TRICARE eligi- readiness, training, and quality of life issues progress. We are not going to stop until bility for all members of the Selected Re- affecting their welfare and that of their fam- this provision becomes law. serve is one of MOAA’s top legislative prior- ilies and survivors. To my friends in the House, the ities for 2005. REA supports the Graham/Clinton amend- House Armed Services Committee Extending permanent cost-share access to ment to provide TRICARE for all partici- passed this provision with six Repub- TRICARE for all Selected Reserve members pating Reserve Component members. This licans joining with the Democratic side will help demonstrate Congress’s and the na- amendment ensures continuity of healthcare tion’s commitment to ensuring fair treat- for the Reserve Component member and of the aisle to get it out of the com- ment for the citizen soldiers and their fami- their family. Currently it is difficult to as- mittee and, through some maneuvering lies who are sacrificing so much to protect sess the health and mobilization readiness of on the floor, this provision helping the America. Guard and Reserve members because their Guard and Reserve families was taken A few weeks ago, during a Fox News Chan- medical records are scattered between their out of the bill. There has been one vote nel interview, I was asked what might be civilian providers, their unit of attachment, after another in the House where over done to address Guard and Reserve health their mobilization unit, and their temporary 350 people have supported the concept. care access problems being reported in the duty location. This same continuity of care To my friends in the House, I appre- media. I said the most important action would be extended to our families which we ciate all you have done to help the right now is your legislative fix to offer anticipate will affect recruiting and reten- these families permanent and continuous tion efforts. troops, but we are going to fight over health care coverage, and that all Americans We are dedicated to making our nation this issue. This is not going away. We should ask their legislators to support your stronger and our military more prepared and are not quitting until we get it right effort. look forward to working together towards for the Guard and Reserves.

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It is something in which has been a tireless advocate for this Association, the Reserve Officers Asso- we take great pride. legislation, and his passion about the ciation, the Military Officers Associa- But I can tell you that, in my con- need to take care of our Guard and Re- tion, really speaks for itself. versations with Guard and Reserve serve members is unmatched. It has It is important to note that this members around my State, the strains been an honor for me to work with him amendment is responding to a real of mobilization are beginning to have on this important legislation. need. This is not a theoretical exercise. an effect. With the demands now being Over 2 years ago, Senator GRAHAM We know that lacking health insurance placed on the Guard and Reserve, we and I went over to the Reserve Officers has been a tremendous burden for are going to have to step up our sup- Association building to announce the Guard and Reserve members and their port in order to sustain the manpower first version of this legislation. As he families, and we in our armed services we need for the future. has just pointed out, we made some have paid a price because of that lack What I hear from reservists in my progress on expanding access to of insurance in the readiness we should State consistently is that given the ris- TRICARE in the last Congress, but not expect from our members. ing cost of health care, the option of nearly enough. So our work is not done Mr. President, I am honored to join enrolling in TRICARE is perhaps the and we come, once again, to the floor my colleague in this long fight that we most important thing we can do to of the Senate urging our colleagues, on have waged. I hope we will be able to help them and their families. a bipartisan basis, to support giving make significant progress and have Thanks to the tireless efforts of my this important benefit to Guard and this amendment accepted and send a good friend, Senator GRAHAM, we have Reserve members and their families. loud and clear message to Guard and made good progress in opening up ac- Our amendment allows Guard and Reserve members and their families cess to TRICARE. But this option Reserve members the option of enroll- that we indeed not only appreciate and ought to be available to all reservists. ing full time in TRICARE. They do not honor their work, we are going to do Every member of the Guard and Re- have to take this option. It is vol- something very tangible to make it serve has signed up for the same risks, untary. But TRICARE is the family easier for them and their families to and they all made the same commit- health insurance coverage offered to bear these burdens. ment to defend our country. Active-Duty military personnel. The The PRESIDING OFFICER. The Sen- This amendment is fundamentally change would offer health care sta- ator from South Carolina. about two things: The first is fairness— bility to families who lose coverage Mr. GRAHAM. I would like to ac- fairness for people facing the same dan- under employers’ plans when a family knowledge what Senator CLINTON has gers as their Active-Duty counterparts. member is called to active duty, or to done on behalf of this amendment. In today’s world, any new reservist can families—and we have so many of them Without her, I don’t think we would be almost count on being called to be in the Guard and Reserve—who do not as far as we are. She has been terrific. there fighting in the war in Iraq and have health insurance to begin with. To Senator WARNER, you and your staff Afghanistan. So in a sense, it is not So, really, this amendment offers have been terrific to do what we did that much different from signing up for basic fairness to Guard and Reserve last year. active duty to begin with. If reservists members and their families. We have How much time do I have remaining? know they are going to be putting seen firsthand, those of us who have The PRESIDING OFFICER. The Sen- themselves on the front lines just like been to Iraq and Afghanistan—as I ator from South Carolina has 7 min- an Active-Duty soldier, we should be have been with my colleague, the Sen- utes left. giving them the same benefits. ator from South Carolina—the heroism Mr. GRAHAM. Mr. President, I ask The second is national security. Our and incredible dedication that Guard unanimous consent to have 15 minutes country needs a robust National Guard and Reserve members have when they more because, what I would like to do and Reserve. We need them to be rel- are called up to serve our country. is give Senator COLEMAN 4 minutes, evant, which means part of military They are serving with honor and dis- Senator LEAHY wants 4 minutes, and engagements overseas. In order to keep tinction, and we need to reward and Senator ALLEN wants 4 minutes. I am this invaluable cadre of citizen sol- recognize that. not good at math—whatever we need to diers, the least we can do is offer them Senator GRAHAM and I first started get that done. the same health care as we offer Ac- talking about this more than 2 years Mr. WARNER. Mr. President, clari- tive-Duty troops. ago because in our respective States, fication: Did 7 go to 15? Which is fine. The poet, John Milton, said: ‘‘They we heard the same stories. I heard You have 15 minutes, now, total, under also serve, who only stand and wait.’’ throughout New York about the hard- your control. There is not a lot of standing around ship being imposed on Guard and Re- Mr. GRAHAM. Thank you, Mr. Chair- for today’s reservists, but their value serve members and their families, not man, for all our assistance. I now rec- to the Nation is incredible. because they didn’t want to serve their ognize Senator COLEMAN and yield him The key to every endeavor, whether country—indeed, they were eager to go 4 minutes. it is military, economic, or personal, is and do whatever they could to protect The PRESIDING OFFICER. The Sen- using your resources wisely. The fact and defend our interests—but because ator from Minnesota. that the military planners of the they didn’t have health insurance. Mr. COLEMAN. Mr. President, it United States have a reserve force of Twenty-five percent of our Guard and gives me great pleasure to speak in such quality, spirit, and readiness is Reserve members do not, and when support of the amendment offered by our crucial advantage. As such, they they showed up after being activated, my good friend, Senator GRAHAM, who deserve every honor and support we 20 percent of them were found not has been relentless in his determina- give our active military. By protecting ready to be deployed. tion to secure a fair deal for our Na- this vital asset, we accelerate the We are talking about the three R’s: tion’s reservists. march of freedom around the world. recruitment, retention, and readiness. Our Nation’s citizen soldiers are an I am pleased to support my col- Since September 11, our Reserve and integral part of the military. They league, Senator GRAHAM, once again, National Guard members have been have been called upon to make big sac- and I urge my colleagues to support called to duty with increasing fre- rifices, sacrifices many didn’t imagine this amendment. quency. In New York, we have about when they signed up. Yet time and I yield the floor. 35,000 members of the Guard and Re- time again, they have answered the The PRESIDING OFFICER. Who serves. I have seen, in so many dif- call. Today, the National Guard and yields time? ferent settings, their eagerness to do Reserve are on the front line of the war Mr. GRAHAM. I yield 4 minutes to their job. But I have also heard from on terror. They are on the front line in Senator LEAHY, who has been chairman

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I do rise in support of the This amendment opens eligibility to portant our Virginia Guard troops were Graham-Clinton-DeWine-Leahy amend- any member of the Select Reserve. As when there were times of floods and ment. long as a reservist stands ready for de- hurricanes and natural disasters. I also We have said it makes all members of ployment, he or she will be able to par- remember visiting many of our Guard the National Guard and Reserve eligi- ticipate in the program. It offers real, troops in Bosnia who had been sent ble to participate in the military’s practical, meaningful health to citizen over there. I remember welcoming TRICARE program on a cost-share soldiers, sailors, airmen, and marines. back some of our Virginia Air Guard basis. Basically, we are saying if the It also is going to provide a meaningful who were flying in the no-fly zone in Guard and Reserve is out there doing recruitment incentive for the Guard Iraq. the work of the regular Army—and and Reserve. As we all know, they are As Senator COLEMAN said earlier in they are, as we all know, increasingly, struggling to meet recruiting goals. this debate, and all of us recognize, the all the time—then they should have I am honored to be the cochair of the Guard and Reserve are being called up some of the same benefits, especially Senate National Guard Caucus. As co- more frequently and for greater dura- medical benefits. chair, I believe that few defense per- tion than ever before. In fact, when I Our amendment goes to the readiness sonnel reforms are as needed, as de- was in Iraq back in mid-February, of our Reserve Forces. It is certainly monstrably needed and overdue as this there were some Guard troops I was an important recruiting tool. health insurance initiative for Guard meeting with at Balad, and four or five Few issues we are going to debate and Reserve. It has been a high priority of them actually had been in Bosnia. during consideration of this bill—when of each of the members of our bipar- They said: We remember when you we talked about readiness—could be as tisan coalition. Republicans and Demo- were in Bosnia to visit as Governor. In important as this issue. The National crats alike agree the Guard and Re- reality, the Guard and Reserve troops Guard is making a spectacular con- serve deserve to have available health who are being called upon so much in tribution to the Nation’s defense. Ev- insurance the same as all others. this war on terror are generally, com- erybody would acknowledge that it Mr. President, I yield myself 2 min- pared to the Active Forces, older and would be impossible to fight the wars utes from the time allotted to the Sen- therefore more likely to be married in Iraq and Afghanistan without the ator from Michigan. and more likely to have children. National Guard. Our military reserves Mr. WARNER. No objection. So if we are going to retain and re- are carrying out all kinds of tasks, Mr. LEAHY. Mr. President, the GAO cruit Guard members and reservists, from combat support to aerial convoy study commission exposed and con- we are going to need to show proper escort missions. When I talk with the firmed these glaring deficiencies. In reasonable appreciation. We need to commanders in the field they tell me this GAO study, I said it appears to me address the pay-gap problem. On aver- they don’t know which ones are the we are sending our Guard and Reserve age, when they get activated, they Guard, which ones are the regular out to fight alongside our regular loose $368 a month, and Senator forces. They are all doing the same forces, but they are doing it without LANDRIEU, Senator GRAHAM, and sev- thing. the health insurance protection our eral of us are working on this issue. One difference is the National Guard regular forces have. Well, the GAO This measure on health benefits has to also continue to provide a ready study said exactly what I thought was means a great deal to the Guard mem- force in case of natural disasters or an- happening was happening. So it has bers and their families. We did make other attack here at home. In the war been heartening to work with my fel- some progress last year, but neverthe- on terrorism, the National Guard and low Senators in remedying these prob- less it wasn’t as much—the passage of Reserve are a 21st century fighting lems. I will continue to press forward this measure was 75 to 25—as we force. But they are doing it with the until a full TRICARE program for the thought it would be, and Senator last century’s health insurance. We Guard and Reserve is in place. GRAHAM, like the rest of us, is not want to bring it up to date. We want to I will close with this. We are going to going to be deterred. We are going to make sure that those who are fighting ask our Guard and Reserve to do the keep fighting, and it is a fight that is our wars, those who are defending our same duties, face the same dangers, worth fighting because it is important Nation, are treated alike. That is all it stand in harm’s way in the same way to show proper appreciation with fair is. We just want to make sure they are as our regular forces, and they ought to expansion of health care benefits which treated the same. be treated the same when it comes to are so important for Guard and Reserve Many members of our Guard and Re- medical care. It is a matter of readi- families. This, in my view, will help re- serve did not have access to affordable ness, it is a matter of honesty, but tain and recruit Guard members. I health insurance when they were on ci- most importantly it is a matter of sim- trust my colleagues will again stand vilian status, and then in a moment’s ple justice. strongly with our Guard and Reserve notice they may be called to answer I yield the floor. troops and our families and pass this the time-honored call to duty. The Mr. WARNER. Mr. President, I am very reasonable, logical legislation to GAO, the Government Accountability happy to yield to the Senator from provide health care coverage to all the Office, reported in 2002 that at least 20 South Carolina for the lineup of speak- members of our Guard and Reserve. percent of the members of the Guard ers. I thank the Chair. I yield the floor. and Reserve did not have health insur- Mr. GRAHAM. I would like to yield 4 The PRESIDING OFFICER. The Sen- ance—20 percent of the members of the minutes to the Senator from Virginia, ator from South Carolina. Guard and Reserve did not have health who was one of the original founders of Mr. GRAHAM. At this time, Mr. insurance. That means that there are this whole idea, fighting before this be- Chairman, if I may, I yield to Senator members of the Guard and Reserve who came popular, and he has been a ter- THUNE, one of our newest members, 3 potentially are not as healthy as we rific advocate for the Guard and Re- minutes. He has been a strong advocate want them to be when we ask them to serve. I yield 4 minutes. of this legislation. deploy. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Last year, we enacted a partial ator from Virginia. ator from South Dakota. version of this amendment. It became Mr. ALLEN. I thank the Chair. I Mr. THUNE. Mr. President, I also known as the TRICARE Reserve Select thank my good friend and colleague, compliment the Senator from South Program. The program ties eligibility Senator GRAHAM, for his tremendous Carolina for his leadership on this for gaining access to TRICARE—on a leadership on Guard and Reserve mat- issue, and also the Senator from New

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Once you are released from needs, such as pregnant spouses or State of South Dakota because we have active duty, with its health care pro- young children. a number of people who have been gram, you go back into the civilian When we think of supporting our called up. Over 1,700 of our National health care network. That means you troops, we must remember that we also Guard men and women have served in have to change hospitals and doctors. have to support families. Investing in the deployments to Iraq and Afghani- If you are experiencing a pregnancy, military families isn’t just an act of stan, and as I have traveled my State that means your hospitals may change, compassion, it is a smart investment in and attended many of the events as the doctors may change because you America’s military. Good commanders they have been deactivated and come bounce from one health care network know that while you may recruit an in- home, I looked into the eyes of their to the other. dividual soldier or marine, you ‘‘re- children and their loved ones and as- This bill would provide a health care tain’’ a family. Nearly 50 percent of sured those people that the job they home for guardsmen and reservists, America’s servicemembers are married are doing is important to freedom’s taking stress off their families if they today. If we want to retain our most cause, that the work they are doing is choose to join. They never have to experienced servicemembers, especially important in bringing freedom and de- worry about bouncing from one doctor the noncommissioned officers that are mocracy to places such as Iraq and Af- to one hospital to the next. They would the backbone of the Army and Marine ghanistan and thereby also making our have a continuing network. The Guard Corps, we have to keep faith with their country more safe and secure. and Reserve have to pay a premium, families. If we don’t, and those experi- It is important that we put in place unlike their Active-Duty counterpart. enced, enlisted leaders begin to leave, the appreciation for the good work It is not a free benefit. I think this is America will have a broken, ‘‘hollow’’ that our guardsmen and reservists are a fair compromise. At the end of the military. doing and important that we recognize day, this will help the Guard and Re- Thus, TRICARE for members of the that by offering them access to afford- serve. able health care. This legislation is im- Select Reserve is not simply a new I am proud of what we have done. I ‘‘benefit’’ but an issue affecting mis- portant because we do have a challenge thank the chairman for his willingness as we go forward with the continuing sion readiness. With our military to work with us. Time will tell how we forces stretched as thin as they are due duration of the deployments, with the will do this, but I am optimistic Con- need to call up our Guard and Reserve to the conflicts in Iraq and Afghani- gress is going to rise to the occasion to stan, we need to rely on the Reserves on a more frequent basis, to ensure help these men and women who risk that we put the incentives in place so to an even greater extent than in the their lives to protect our freedom. past. Indeed, at a time when the Guard that we can recruit and retain the men Mr. KERRY. Mr. President, earlier and women who continue to fill those and Reserve face growing problems in this year I introduced legislation to recruiting and retention, extending very important roles. strengthen our military and enact a And so I am happy to cosponsor this TRICARE coverage also has the poten- ‘‘Military Family Bill of Rights.’’ One tial to be a great recruiting tool. amendment to offer my support to the piece of that bigger agenda is providing We have a sacred obligation to keep Senator from South Carolina and to TRICARE eligibility to members of the faith with the men and women of the urge our colleagues on the floor of the National Guard and Reserve. Today I American military and their families— Senate to support this important legis- have the pleasure of cosponsoring an whether they are on Active Duty, in lation, to send a strong, clear message amendment that would expand the eli- the National Guard or Reserves, or vet- to the men and women who are serving gibility for TRICARE to members of erans. Today’s amendment is an impor- our country in the Guard and Reserve the Selected Reserve. While this tant step. that we support them. This is no longer amendment is only a start towards bet- a 1-weekend-a-month, 2-weeks-a-year ter policies for Americans in uniform The PRESIDING OFFICER. The Sen- deployment. That is a thing of the and their families, it is also an impor- ator from Virginia. past. The longer deployments and the tant step in supporting our troops. Mr. WARNER. The distinguished heightened responsibilities are taking ‘‘Supporting the troops’’ means pay- ranking member and myself are pre- an unforeseen toll on the families and ing attention to the needs of our troops pared to accept this amendment. But I members of the Guard and Reserve. If in the field and at home; understanding want to talk just a bit about the im- Congress is going to call on our Re- their lives both as warriors fighting for portance of what these two Senators, serves to do more, we have a responsi- the defense of their country and as par- primarily the Senator from South bility to provide them with more. By ents, brothers and sisters, sons, and Carolina and the Senator from New offering TRICARE to Guard and Re- daughters struggling for the prosperity York, have done. This is a very signifi- serve, we are helping to mitigate the and happiness of their families. cant piece of legislation. We laid the effects of the burden we are asking As many as one in five members of foundation last year and had some in- Guard and Reserve to shoulder in the the National Guard and Reserves don’t cremental improvement, but this real- war on terror. No soldier should be de- have health insurance. That is bad pol- ly carries the ball the balance of the ployed to fight for his country only to icy and bad for our national security. field and scores a touchdown in behalf have his thoughts consumed by the When units are mobilized, they count of the men and women in the Armed welfare of his family. on all their personnel. But when a Forces and Reserve. So I thank Senator GRAHAM for his As the Senator from South Carolina leadership on this issue. I encourage member of the National Guard or Re- has pointed out, this is not a free ben- my colleagues to support this amend- serve is mobilized, and unit members efit. There is going to be, I say to both ment. fail physicals due to previously Mr. President, I yield the remainder undiagnosed or uncorrected health con- of my colleagues, the Senator from of my time. ditions because that servicemember New York and the Senator from South The PRESIDING OFFICER. The Sen- lacked health insurance, it disrupts Carolina, a reasonable fee. ator from South Carolina. unit cohesion and affects unit readi- But if I could bring back a little per- Mr. GRAHAM. Mr. President, how ness. sonal experience, in 1950, I was a mem- much time do I have? Under current practice, members of ber of the Marine Corps Reserve, hav- The PRESIDING OFFICER. Two the National Guard and their families ing come up from the enlisted ranks minutes 30 seconds. are eligible for TRICARE only when and gotten my commission. The Ko- Mr. GRAHAM. I thank the Chair. mobilized and, in some cases, upon rean war sprung on us totally without Thanks to all Senators, and thanks to their return from Active Duty. For anticipation. I remember at the time

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I was happy to go, but next matter will be. lution of ratification to the Chemical Weap- when I was in my first training com- Therefore, I suggest the absence of a ons Convention, and the statement of policy mand in the fall of 1950 at Quantico in quorum. set forth in subsection (a); the first special basic class, why, over The PRESIDING OFFICER (Mr. (C) a description of efforts by the United half the class was married and had to COLEMAN). The clerk will call the roll. States Government to promote adoption by leave their families and everything and The bill clerk proceeded to call the other states-parties to the Chemical Weap- roll. ons Convention of the United States policy quickly return. Most of us had been in and position on the use of riot control agents World War II and gotten our commis- Mr. WARNER. Mr. President, I ask in combat; sions. unanimous consent that the order for (D) the legal interpretation of the Depart- I simply point out that is another the quorum call be rescinded. ment of Justice with regard to the current hidden element to this; that is, when The PRESIDING OFFICER. Without legal availability and viability of Executive you are maintaining voluntarily the objection, it is so ordered. Order 11850, to include the rationale as to status of being in the Select Reserve, Mr. WARNER. Mr. President, the why Executive Order 11850 remains permis- you are subject to call at a late hour of Senator from Nevada has consulted sible under United States law; (E) a description of the availability of riot the night to pack your bags, leave your with the managers of the bill and de- sires to address the Senate in the con- control agents, and the means to deploy family, leave your job, and go. And if them, to members of the Armed Forces de- you look, there are 1,142,000 members text of several amendments. We thank ployed in Iraq; of the total Reserve, and the Select Re- the Senator very much for his partici- (F) a description of the doctrinal publica- serve is only 700,000. I mean, it is a sig- pation. tions, training, and other resources available nificant number, but it is that group of The PRESIDING OFFICER. The Sen- to members of the Armed Forces on an an- 700,000 that is subject to call on very ator from Nevada. nual basis with regard to the tactical em- short notice. And that is ever present. Mr. ENSIGN. Mr. President, I ask ployment of riot control agents in combat; and It sometimes requires a problem with unanimous consent that the pending amendment be laid aside. (G) a description of cases in which riot con- the employer, to maintain that status trol agents were employed, or requested to knowing that valuable employee could The PRESIDING OFFICER. Without be employed, during combat operations in leave on less than 30 days’ notice and objection, it is so ordered. Iraq since March, 2003. the employer has to seek another to AMENDMENT NO. 1374 (3) FORM.—The reports required under fill the post, and so forth. So there is Mr. ENSIGN. Mr. President, I send an paragraph (1) shall be submitted in unclassi- much to be said about staying in. amendment to the desk. fied form, but may include a classified I recall when I got back from Korea, The PRESIDING OFFICER. The annex. clerk will report. (c) DEFINITIONS.—In this section— I was finished my obligated military (1) the term ‘‘Chemical Weapons Conven- service and could have cashiered out, The bill clerk read as follows: tion’’ means the Convention on the Prohibi- but I stayed in the Reserves another 10 The Senator from Nevada [Mr. ENSIGN] tions of Development, Production, Stock- or 11 years, to my recollection—I think proposes an amendment numbered 1374. piling and Use of Chemical Weapons and on it was 12 years. There were certain ben- Mr. ENSIGN. Mr. President, I ask Their Destruction, with annexes, done at efits that were an inducement to stay unanimous consent that reading of the Paris, January 13, 1993, and entered into in and, frankly, I enjoyed it enor- amendment be dispensed with. force April 29, 1997 (T. Doc. 103–21); and mously. I don’t have a military career (2) the term ‘‘resolution of ratification of The PRESIDING OFFICER. Without the Chemical Weapons Convention’’ means of great consequence. I am certainly objection, it is so ordered. Senate Resolution 75, 105th Congress, agreed grateful for the opportunity to serve, The amendment is as follows: to April 24, 1997, advising and consenting to and I think this is a marvelous thing. (Purpose: To require a report on the use of the ratification of the Chemical Weapons I would like to be listed as a cospon- riot control agents) Convention. sor, as my distinguished colleague from On page 296, after line 19, insert the fol- Mr. ENSIGN. Mr. President, I ask Michigan likewise, and we salute the lowing: unanimous consent that the pending two Senators who pioneered this ap- SEC. 1205. REPORT ON USE OF RIOT CONTROL amendment be laid aside. proach. AGENTS. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (a) STATEMENT OF POLICY.—It remains the objection, it is so ordered. longstanding policy of the United States, as objection, it is so ordered. AMENDMENT NO. 1375 Mr. WARNER. In the beginning we provided in Executive Order 11850 (40 Fed Reg Mr. ENSIGN. Mr. President, I send an had to look at the dollars and the fig- 16187) and affirmed by the Senate in the reso- lution of ratification of the Chemical Weap- amendment to the desk. ures and balance it out. ons Convention, that riot control agents are The PRESIDING OFFICER. The As the Senator said, fight on. And we not chemical weapons but are legitimate, clerk will report. will be there, and each of these Mem- legal, and non-lethal alternatives to the use The bill clerk read as follows: bers will be by our side. I hope Mem- of lethal force that may be employed by The Senator from Nevada [Mr. ENSIGN] members of the Armed Forces in combat and bers can walk out of that conference proposes an amendment numbered 1375. some day with a sense of satisfaction in other situations for defensive purposes to and accomplishment. save lives, particularly for those illustrative Mr. ENSIGN. Mr. President, I ask I urge adoption of the pending purposes cited specifically in Executive unanimous consent that reading of the Order 11850. amendment. amendment be dispensed with. (b) REPORT REQUIRED.— The PRESIDING OFFICER. Without The PRESIDING OFFICER. The (1) IN GENERAL.—Not later than 180 days question is on agreeing to the amend- objection, it is so ordered. after the date of the enactment of this Act, The amendment is as follows: ment. and annually thereafter, the President shall The amendment (No. 1363) was agreed submit to Congress a report on the use of (Purpose: To require a report on the costs in- to. riot control agents. curred by the Department of Defense in Mr. WARNER. I move to reconsider (2) CONTENT.—The reports required under implementing or supporting resolutions of the United Nations Security Council) the vote. paragraph (1) shall include— Mr. DURBIN. I move to lay that mo- (A) a listing of international and multilat- On page 286, between lines 7 and 8, insert eral forums that occurred in the preceding 12 the following: tion on the table. months at which— SEC. 1073. REPORT ON COSTS TO CARRY OUT The motion to lay on the table was (i) the United States was represented; and UNITED NATIONS RESOLUTIONS. agreed to. (ii) the issues of the Chemical Weapons (a) ASSIGNMENT AUTHORITY OF SECRETARY Mr. WARNER. I thank our col- Convention, riot control agents, or non-le- OF DEFENSE.—The Secretary of Defense shall leagues. thal weapons were raised or discussed; submit, on a quarterly basis, a report to the

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His answer was: sets forth all costs (including incremental fense, the Global War on Terror, and Tsu- costs) incurred by the Department of Defense nami Relief, 2005 (Public Law 109–13) are re- I think a death gratuity that applies to all during the preceding quarter in imple- pealed; and servicemembers is preferable to one that’s menting or supporting any resolution adopt- (B) effective immediately before the execu- targeted just to those that might be in a ed by the United Nations Security Council, tion of the amendment made by paragraph combat zone. including any such resolution calling for (1), the provisions of section 1478 of title 10, He said: international sanctions, international peace- United States Code, as in effect on the date When you join the military, you join the keeping operations, or humanitarian mis- before the date of the enactment of the Act sions undertaken by the Department of De- military. You go where they send you. And referred to in subparagraph (A), shall be re- it’s happenstance that you’re in a combat fense. Each such quarterly report shall in- vived. clude an aggregate of all such Department of zone or you’re at home. And I think we have Defense costs by operation or mission. Mr. LEVIN. Mr. President, the provi- in the past held to treating people univer- (b) COSTS FOR TRAINING FOREIGN TROOPS.— sions in the fiscal year 2005 emergency sally, for the most part, and consistently. The Secretary of Defense shall detail in the supplemental appropriations bill in- And that’s how I come down on that. quarterly reports all costs (including incre- crease the military death gratuity That is what General Myers said. mental costs) incurred in training foreign from $12,400 to $100,000. The bill before The Presiding Officer well knows this troops for United Nations peacekeeping du- us continues that increase in the gra- because he has to deal with these losses ties. (c) CREDIT AND COMPENSATION.—The Sec- tuity. The provisions, however, do not regularly back home in Minnesota. He retary of Defense shall detail in the quar- cover all people on active duty. It only pointed out earlier today how many terly reports all efforts made to seek credit covers people who are killed in combat. Reserve folks he has in Minnesota against past United Nations expenditures Our military leaders strongly, and I be- whom he supports. and all efforts made to seek compensation lieve unanimously—our uniformed No benefit—no benefit—can replace from the United Nations for costs incurred leaders—believe the death of a military the loss of life of a soldier, sailor, air- by the Department of Defense in imple- person who is on active duty should be menting and supporting United Nations ac- man, or marine who gives his or her tivities. covered equally whether that person life in service to our country. Every was killed in combat or on his way to Mr. ENSIGN. Mr. President, I thank survivor would choose to have the serv- a training exercise. both managers of the bill for their in- icemember alive and healthy rather They have testified in front of our dulgence. I look forward to speaking on than any compensation our Govern- committee very forcefully that they the amendments later, but I appreciate ment could provide. But that does not believe the benefit which we have pro- the ability to lay them down at this mean our benefits should not be full vided, the so-called military death gra- time. and generous and consistent; it is just Mr. President, I yield the floor. tuity of $100,000—now as we provide in a recognition that we cannot place a The PRESIDING OFFICER. The Sen- the bill to be made permanent—should monetary value on a life given in serv- ator from Virginia. be applied equally to all persons on ac- ice to our Nation. Mr. WARNER. Mr. President, at this tive duty. There is much more to be said about time my distinguished colleague has a The case of Marine LTC Richard this issue. But, again, the testimony of matter which he would like to bring to Wersel, Jr., who had a fatal heart at- our senior uniformed military leaders, the attention of the Senate. tack while exercising 1 week after re- it seems to me, is the most compelling The PRESIDING OFFICER. The Sen- turning from his second tour of duty in testimony, in addition to the actual, ator from Michigan. Iraq, perhaps says it all. This was an tragic situations we have, such as the AMENDMENT NO. 1376 active-duty marine. He had just come one I read about a moment ago. Mr. LEVIN. Mr. President, I send an back from an extremely difficult and So I offer this amendment. Many of amendment to the desk and ask for its stressful deployment. He had multiple us have supported this amendment. immediate consideration. deployments over 30 months. He had There have been many members of our The PRESIDING OFFICER. Without been training indigenous troops to committee and many Members of the objection, the pending amendment is fight drug traffickers. As well, he had Senate who are not on the committee set aside. The clerk will report. two tours of duty in Iraq. But as his who I know very strongly support a The bill clerk read as follows: wife put it: Those multiple deploy- $100,000 death gratuity for all active- The Senator from Michigan [Mr. LEVIN], ments were the silent bullet that took duty military deaths, not just those for himself and Mr. KERRY, proposes an her husband’s life. who die in combat-related activity. amendment numbered 1376. Under current law, the death gra- Mr. KERRY. Mr. President, I am Mr. LEVIN. Mr. President, I ask tuity which would go to the wife and happy to join the Senator from Michi- unanimous consent that reading of the family would only be $12,400. Had the gan in sponsoring this amendment. amendment be dispensed with. heart attack occurred while in Iraq, Earlier this year, we offered an iden- The PRESIDING OFFICER. Without the death gratuity would have been tical amendment to the fiscal year 2005 objection, it is so ordered. $100,000. In either case, Colonel Wersel Emergency Supplemental Appropria- The amendment is as follows: was serving his Nation, as he did very tion Act, which passed the Senate with (Purpose: To enhance and extend the in- well throughout his life. He was on ac- 75 votes but was inexcusably dropped in crease in the amount of the death gra- tive duty. The fact that he died a week tuity) conference. We need to rectify that after returning from a second, stressful wrong because the death gratuity sys- On page 159, strike line 20 and all that fol- tour in Iraq should not cause his sur- lows through page 161, line 9, and insert the tem created last spring, despite good following: viving spouse to receive such a signifi- intentions, sells short people who de- SEC. 641. ENHANCEMENT OF DEATH GRATUITY cantly smaller death gratuity. serve better: our soldiers and military. AND ENHANCEMENT OF LIFE INSUR- This is what the Assistant Com- The issue is simple: when it comes to ANCE BENEFITS FOR CERTAIN COM- mandant of the Marine Corps told the BAT RELATED DEATHS. our men and women in uniform, how do Armed Services Committee at a hear- you draw the line between one death in (a) INCREASED AMOUNT OF DEATH GRA- ing on military death benefits. He said: TUITY.— one circumstance and another death in I think we need to understand before we (1) INCREASED AMOUNT.—Section 1478(a) of another circumstance? I don’t believe title 10, United States Code, is amended by put any distinctions on the great service of you can. The existing law relies on the striking ‘‘$12,000’’ and inserting ‘‘$100,000’’. these wonderful young men and women who wear this cloth forward into combat, train- combat related special compensation (2) EFFECTIVE DATE.—The amendment ing to go to combat or in tsunami relief, legislation to determine which per- made by this subsection shall take effect on sonnel who die outside of combat zones October 7, 2001, and shall apply with respect they are all performing magnificently. I to deaths occurring on or after that date. think we have to be very cautious in drawing receive the increased death gratuity. It distinctions. (3) COORDINATION WITH OTHER ENHANCE- may seem sufficient, but it is not. MENTS.—If the date of the enactment of this At another hearing, I asked General Consider the case of Vivianne Wersel. Act occurs before October 1, 2005— Myers, the Chairman of the Joint Her husband, LTC Richard M. Wersel,

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We accept the amendment ‘‘(3) a person subject to the jurisdiction of the United States to approve, facilitate, or served there as the plans chief for the and are ready to move when you are provide financing for any action, regardless Civil Military Operations Directorate. ready to move. of who initiates or completes the action, if it In February of this year, just a week The PRESIDING OFFICER. Is there would be unlawful for such person to initiate after returning home, Lieutenant Colo- further debate? or complete the action. nel Wersel suffered a fatal heart attack If not, without objection, the amend- ‘‘(b) A civil penalty of not to exceed lifting weights in the gym at Camp ment is agreed to. $250,000 may be imposed on any person who Lejeune, NC. The amendment (No. 1376) was agreed commits an unlawful act described in para- graph (1), (2), or (3) of subsection (a). If he had died 1 week earlier lifting to. ‘‘(c) A person who willfully commits, or weights in Iraq, his family would have Mr. LEVIN. I move to reconsider the willfully attempts to commit, an unlawful been eligible for the increased benefits. vote. act described in paragraph (1), (2), or (3) of Because he died in the United States, Mr. WARNER. I move to lay that mo- subsection (a) shall, upon conviction, be his sacrifice isn’t properly honored, tion on the table. fined not more than $500,000, or a natural and his family is left to a greater The motion to lay on the table was person, may be imprisoned not more than 10 struggle. agreed to. years, or both; and any officer, director, or Mr. WARNER. Mr. President, mo- agent of any person who knowingly partici- This is what the uniformed leaders of pates, or attempts to participate, in such un- the American military were talking mentarily we will have another matter lawful act may be punished by a like fine, about when they testified before the to be brought to the floor. We are mak- imprisonment, or both.’’. Senate Armed Services Committee ear- ing progress. At the moment, I suggest (b) PRODUCTION OF RECORDS.—Section lier this year. It is time we listened to the absence of a quorum. 203(a)(2) of the International Emergency them. Let me remind my colleagues The PRESIDING OFFICER. The Economic Powers Act (50 U.S.C. 1702(a)(2)) is what they said: clerk will call the roll. amended to read as follows: GEN Michael T. Moseley, U.S. Air The bill clerk proceeded to call the ‘‘(2) In exercising the authorities granted roll. by paragraph (1), the President may require Force, said: any person to keep a full record of, and to I believe a death is a death and our service- Mr. WARNER. Mr. President, I ask furnish under oath, in the form of reports, men and women should be represented that unanimous consent that the order for testimony, answers to questions, or other- way. the quorum call be rescinded. wise, complete information relative to any GEN Richard A. Cody, U.S. Army, The PRESIDING OFFICER. Without act or transaction referred to in paragraph said: objection, it is so ordered. (1), either before, during, or after the com- pletion thereof, or relative to any interest in It is about service to this country and I Mr. WARNER. I thank our distin- foreign property, or relative to any property think we need to be very, very careful about guished colleague from Maine, who is in which any foreign country or any national making this $100,000 decision based upon going to address a very important sub- thereof has or has had any interest, or as what type of action. I would rather err on ject. may be otherwise necessary to enforce the the side of covering all deaths than try to The PRESIDING OFFICER. The Sen- provisions of such paragraph. The President make the distinction. ator from Maine. may require by subpoena or otherwise the And ADM John B. Nathman, U.S. AMENDMENT NO. 1377 TO AMENDMENT NO. 1351 production under oath by any person of all Navy, said: Ms. COLLINS. Mr. President, I ask such information, reports, testimony, or an- This has been about . . . how do we take unanimous consent that the pending swers to questions, as well as the production care of the survivors, the families, and the amendment be set aside. of any required books of accounts, records, contracts, letters, memoranda, or other pa- children. They can’t make a distinction; I The PRESIDING OFFICER. Without don’t believe we should either. pers, in the custody or control of any person. objection, it is so ordered. The subpoena or other requirement, in the Vivianne Wersel certainly doesn’t Ms. COLLINS. I send an amendment case of contumacy or refusal to obey, shall make that distinction. She and her to the desk. be enforceable by order of any appropriate husband have two wonderful children. The PRESIDING OFFICER. The United States district court.’’. They have lived on 10 bases in the last clerk will report. (c) CLARIFICATION OF JURISDICTION TO AD- 15 years living the proud but chal- The bill clerk read as follows: DRESS IEEPA VIOLATIONS.—Section 203 of the International Emergency Economic Powers lenging life of a Marine family. They The Senator from Maine [Ms. COLLINS] pro- have made sacrifices for this country Act (50 U.S.C. 1702) is further amended by poses an amendment numbered 1377 to adding at the end the following: throughout Colonel Wersel’s career— amendment No. 1351. ‘‘(d) The district courts of the United supporting him in his missions wher- Ms. COLLINS. I ask unanimous con- States shall have jurisdiction to issue such ever that took him. They have missed sent that reading of the amendment be process described in subsection (a)(2) as may their father for a long time not simply dispensed with. be necessary and proper in the premises to since his death. They deserve better The PRESIDING OFFICER. Without enforce the provisions of this title.’’. from us, who they sacrificed to protect. objection, it is so ordered. Ms. COLLINS. Mr. President, I rise For the survivors of our Nation’s fall- The amendment is as follows: to offer a second-degree amendment to en heroes, much of life remains, and the amendment offered by the distin- (Purpose: To ensure that certain persons do though no one can ever put a price on not evade or avoid the prohibitions im- guished Senator from New Jersey, Mr. a lost loved one, we must be generous posed under the International Emergency LAUTENBERG. While I take a slightly in helping them put their lives back to- Economic Powers Act, and for other pur- different approach than my colleague gether. Current law doesn’t work. We poses) from New Jersey, I wish to be clear can change it. I urge my colleagues to In lieu of the matter proposed to be in- that my intent is very similar to his; support this amendment. serted, insert the following: that is, to close loopholes in current The PRESIDING OFFICER. The Sen- SEC. ll. PROHIBITION ON ENGAGING IN CER- U.S. law that allow U.S. firms to do ator from Virginia. TAIN TRANSACTIONS. business in terrorist nations or nations Mr. WARNER. Mr. President, I wish (a) APPLICATION OF IEEPA PROHIBITIONS TO that are known to sponsor terrorism to be made a cosponsor of this amend- THOSE ATTEMPTING TO EVADE OR AVOID THE and are under U.S. sanctions. ment. PROHIBITIONS.—Section 206 of the Inter- Denying business investment to national Emergency Economic Powers Act The PRESIDING OFFICER. Without (50 U.S.C. 1705) is amended to read as follows: states that finance or otherwise sup- objection, it is so ordered. port terrorist activities, such as Syria, ‘‘PENALTIES Mr. WARNER. Mr. President, I recall Iran, or Sudan, is critical to the war on very vividly the testimony we received ‘‘SEC. 206. (a) It shall be unlawful for— terrorism. The United States has had ‘‘(1) a person to violate or attempt to vio- from the whole group of the Joint late any license, order, regulation, or prohi- sanctions in place on the Iranian Gov- Chiefs of Staff led by General Myers. bition issued under this title; ernment for a long time and for good General Myers was very strong on this ‘‘(2) a person subject to the jurisdiction of reasons. These sanctions prohibit U.S. point. You mentioned General Pace. In- the United States to take any action to citizens and U.S. corporations from

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Currently, U.S. sanctions provisions this complicate our relations with Again, I want to make clear that I in the International Emergency Eco- other countries, it also puts U.S. sub- think the goals of the Senator from nomic Powers Act prohibit U.S. compa- sidiaries of foreign parent companies in New Jersey and myself are very simi- nies from conducting business with na- danger of being subjected to other na- lar. The question is how to craft a solu- tions that are listed on the terrorist tions’ laws in retaliation. It also raises tion that addresses the problem with- sponsor list. The law does not specifi- all sorts of questions when there are out overreaching and without causing cally bar foreign subsidiaries of Amer- conflicts in the two sets of laws. At a the possibility of a foreign country re- ican companies from doing business time when we are seeking the max- taliating against the American subsidi- with terrorist-supporting nations, as imum active foreign cooperation pos- aries of that country’s firm. long as these subsidiaries are consid- sible in the global war against ter- I believe that my amendment is the ered truly independent of the parent rorism, exerting U.S. law over all for- right approach to this critical problem. company. eign companies owned or controlled by It will make clear that U.S. corpora- There have, however, been reports U.S. firms and their foreign operations tions cannot circumvent U.S. law. that some U.S. companies have ex- seems to be an imprudent and excessive They cannot set up phony shell cor- ploited this exception in the law by move. The administration agrees. porations for the purpose of evading creating foreign subsidiaries of U.S. Rather than simply declaring many the law. They can’t direct a foreign companies in order to do business with foreign entities subject to U.S. law re- subsidiary to do what they are prohib- such nations. The allegations are that gardless of their particular situation, ited from doing under our laws. It will these foreign subsidiaries are formed my amendment would take four strong also greatly strengthen and improve and incorporated overseas for the spe- steps to improve U.S. sanctions laws— the enforcement of the law through the cific purpose of bypassing U.S. sanc- specifically, the International Emer- increase in penalties and by vesting tions laws that prohibit American cor- gency Economic Powers Act—without subpoena power. At the same time, my porations from doing business with ter- raising the concerns that come forth if approach is carefully crafted to avoid rorist-sponsoring nations such as Syria we take the approach recommended by unintended consequences that will and Iran. There is no doubt that this Senator LAUTENBERG. harm our relations with our inter- practice cannot be allowed to continue. First, my amendment would prohibit national allies. I supported Senator LAUTENBERG’s any action by a U.S. firm that would I encourage my colleagues to support amendment last year because it was avoid or evade U.S. sanctions. This this balanced approach. the only proposal before us to deal with would clearly prohibit the creation of a I ask for the yeas and nays on the this very real problem. The Senator new shell company for the purposes of Collins amendment. from New Jersey has been very elo- evading U.S. sanctions, a situation The PRESIDING OFFICER. Is there a quent in speaking about this exploi- that has occurred and that we need to sufficient second? tation of the exceptions in the current prevent. There appears to be a sufficient sec- sanctions laws. The examples that we Second, my amendment would pro- ond. have heard, where American firms sim- hibit American firms from ‘‘approving, The yeas and nays were ordered. ply create new shell corporations to facilitating or financing’’ actions that The PRESIDING OFFICER. The Sen- execute transactions that they them- would violate U.S. sanctions laws if un- ator from New Jersey. selves are prohibited from engaging in, dertaken by a U.S. firm. This would Mr. LAUTENBERG. Mr. President, I are truly outrageous. Clearly, the law prohibit any involvement by a U.S. send an amendment to the desk. does need to be tightened. But we need parent firm with an existing subsidiary I ask unanimous consent to withdraw to be careful about how we go about that was engaged in a transaction that the amendment I have just sent to the addressing this problem. I have long violated the International Emergency desk. felt that while the Senator from New Economic Powers Act. In order to com- The PRESIDING OFFICER. Without Jersey is correct in his intentions, the ply with the law, the U.S. parent firm objection, it is so ordered. specific language of his amendment would need to be totally passive in any The assistant Democratic leader. needs improvement. transaction. But if the American firm Mr. DURBIN. Mr. President, if I We have worked very closely—my is, in fact, approving the actions of might, through the Chair, address the staff and I—during the past 6 months, that foreign subsidiary that is doing chairman of the committee. I have an with the administration to draft a pro- business in a prohibited country or fa- amendment which I would like to offer, posal that closes the loophole without cilitating it in any way—that is a pret- but I don’t want to step into a process overreaching. We must draft this meas- ty broad word—or financing those pro- or a queue that is already established. ure in a manner that gets at these hibited actions, that would be a viola- I am not going to call up the amend- egregious cases that are so outrageous tion of our law. ment at this moment. I merely want to without overstepping the traditional Third, my amendment would increase speak to it and offer it and put it on legal notions of jurisdiction. Other- the maximum penalties per violation the list of amendments to be consid- wise, we may find ourselves harming under the act from $10,000 to $250,000 ered at a later time. the war on terror rather than helping. for a civil violation and from $50,000 to Mr. WARNER. Mr. President, we Some truly independent foreign sub- $500,000. For companies who think that would like to accommodate the Sen- sidiaries are incorporated under the the risk of getting caught is worth it, ator. My only inquiry is, we now have laws of the country in which they do they will need to think again because on the floor the two principals on this business and are subject to that coun- now the penalties are sufficient that important measure. If you wish, for a try’s laws, to that legal jurisdiction. they have real bite. few minutes, to lay down an amend- There is a great deal of difference be- Finally, our amendment would pro- ment, I am sure we could do that. I tween a corporation set up in a day, vide explicit subpoena authority to ob- would like to have this important de- without any real employees or assets, tain records related to transactions bate resumed. and one that has been in existence for covered by the act. Right now, there Mr. DURBIN. I would say to the many years and that gets purchased, in has been a difficulty in enforcing the chairman, that is exactly what I would part, by a U.S. firm. That foreign com- sanctions in terms of getting the infor- like to do. pany may even be an American firm mation that is needed. This would pro- I ask unanimous consent that these with a controlling interest in that for- vide subpoena power. two pending amendments be set aside eign company, but under the law, it is Specifically, by increasing penalties strictly for the purpose of introducing still considered to be a foreign corpora- and providing for explicit subpoena au- an amendment and speaking no more tion. thority, I believe my amendment re- than, say, 10 minutes and then, at that

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They turn there for groceries, ty tested. Dietary supplements are not. Mr. DURBIN. Mr. President, I send pharmaceuticals, and other needs for Does anybody test them to make sure an amendment to the desk. their families. The purpose of this that the claims on some of them—for The PRESIDING OFFICER. The amendment is to make sure that the example, the claims that this is going clerk will report. products sold at these base exchanges to help with my cough or that this is The bill clerk read as follows: across the United States and around going to give me energy—has anybody The Senator from Illinois [Mr. DURBIN] the world are safe for the military and tested these to make sure they are ef- proposes an amendment numbered 1379. the families who use the base ex- fective for what they claim? Yes, when Mr. DURBIN. Mr. President, I ask changes. it comes to prescription drugs, they are unanimous consent that further read- I am particularly concerned about di- tested for efficacy before they are sold; ing of the amendment be dispensed etary supplements. Military personnel yes, for over-the-counter medications; with. are under tremendous pressure to be but no, for dietary supplements, the The PRESIDING OFFICER. Without physically fit. The conditions under claims are not tested ahead of time. objection, it is so ordered. which they work and train are harsh How about individual doses? If a doctor The amendment is as follows: and demanding. A supplement product tells you to take four tablets during (Purpose: To require certain dietary supple- can be attractive because it is mar- the course of a day, how well can you ment manufacturers to report certain seri- keted for performance enhancement trust the dosage on the package to re- ous adverse events) and weight loss. My amendment seeks flect what the doctor recommended? At the end of subtitle C of title III, add the to ensure that these so-called health Well, when it comes to prescription following: products sold at military stores are drugs, the FDA says, yes, we test the SEC. 330. REPORTING OF SERIOUS ADVERSE monitored for safety. dosage. It is the same with over-the- HEALTH EVENTS. At the outset, I want to say I have no counter medications. When it comes to (a) IN GENERAL.—The Secretary of Defense quarrel with dietary supplements like these dietary supplements, vitamins, may not permit a dietary supplement con- vitamins. I woke up this morning and, taining a stimulant to be sold on a military nutritional supplements, there is no in- installation or in a commissary store, ex- like millions of Americans, took my vi- dividual dosage control. change store, or other store under chapter tamins in the hope that I will live for- They have been fighting over this for 147 of title 10, United States Code, unless the ever. I think that should be my right almost 10 years. Finally, if something manufacturer of such dietary supplement and my choice. I don’t believe I should goes wrong with a prescription drug—if submits any report of a serious adverse need a prescription for vitamin C or you take it and you get sick and you health event associated with such dietary multivitamins. report it to the company that made the supplement to the Secretary of Health and What is at issue are the dietary sup- Human Services, who shall make such re- drug, do they have to tell the Federal plements that cross the line. Instead of Government? Absolutely, when it ports available to the Surgeon Generals of providing nutritional assistance, many the Armed Forces. comes to prescription drugs. How about (b) EFFECT OF SECTION.—Notwithstanding of them make health claims that, in the case of over-the-counter drugs? section 201(ff)(2) of the Federal Food, Drug, frankly, they cannot live up to. Find- You bet. If you get sick and call the and Cosmetic Act (21 U.S.C. 321(ff)(2)) and ing many of these products on a mili- maker of one of the drugs, they are re- subsection (c)(3) of this section, this section tary base is easy. A 2004 report on die- quired by law to tell the FDA, and if it shall not apply to a dietary supplement that tary supplements notes that a newly reaches a certain point, they can be is intended to be consumed in liquid form if deployed U.S. Air Force base had eight the only stimulant contained in such supple- taken from the market. How about die- different dietary supplements stocked tary supplements? What if you take ment is caffeine. on the shelves that were marketed for (c) DEFINITIONS.—In this section: one, such as yellow jackets that con- (1) DIETARY SUPPLEMENT.—The term ‘‘die- weightlifting and energy enhancements tains ephedra and you call the com- tary supplement’’ has the same meaning 5 months after it opened. Six of these pany and tell them you got sick, do given the term in section 201(ff) of the Fed- products contain the stimulant they have a legal requirement to report eral Food, Drug, and Cosmetic Act (21 U.S.C. ephedra. that to the Government? No. There is 321(ff)). Most dietary supplements are safe no legal requirement, even if you are (2) SERIOUS ADVERSE HEALTH EVENT.—The and healthy, but there is a growing term ‘‘serious adverse health event’’ means dealing with a situation where a die- concern about categories of dietary tary supplement has killed a person. an adverse event that may reasonably be supplements that are being taken by suspected to be associated with the use of a That troubles me. I don’t believe we innocent people who think they are dietary supplement in a human, without re- should have any dietary supplements gard to whether the event is known to be good and, in fact, they are not. The Navy released a list of serious being sold across America—certainly causally related to the dietary supplement, not at our military base exchanges— that— problems related to dietary supple- (A) results in— ments recently. They included health that is sold in a situation where, if (i) death; events such as death, rapid heart rate, there is adverse health consequence— (ii) a life-threatening experience; shortness of breath, severe chest pain, death, stroke, heart attack, serious (iii) inpatient hospitalization or prolonga- and becoming increasingly delusional. health consequences—the manufac- tion of an existing hospitalization; These are from over-the-counter die- turer doesn’t have to report it to the (iv) a persistent or significant disability or tary supplements. Government. incapacity; or That is basically what this amend- (v) a congenital anomaly or birth defect; or Unfortunately, most of the time (B) requires, based on reasonable medical these events are never reported. In ment says: If you want to sell a supple- judgment, medical or surgical intervention other words, the laws that govern pre- ment containing a stimulant on a mili- to prevent an outcome described in subpara- scription drugs and many over-the- tary base, be prepared to report ad- graph (A). counter drugs do not apply to dietary verse events to the Federal Govern- (3) STIMULANT.—The term ‘‘stimulant’’ supplements. ment. If you will not tell us, the Fed- means a dietary ingredient that has a stimu- Let me show you a chart that I think eral Government, when people are lant effect on the cardiovascular system or illustrates that quite well. Here are dif- dying or are seriously ill because of the central nervous system of a human by your dietary supplement, you should any means, including— ferent categories of things you might (A) speeding metabolism; buy at your drugstore. You might buy not be selling them at the exchanges. (B) increasing heart rate; prescription drugs through your doctor Let me say a word about ephedra. It (C) constricting blood vessels; or or over-the-counter medications, such received a lot of headlines.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8636 CONGRESSIONAL RECORD — SENATE July 21, 2005 Mr. President, for the purpose of I do not want to see that happen unless you have been there, and I pray that those who were following my state- again. I certainly want to spare our none of you ever have to experience that. ment ever so closely and might have military personnel from having to face Please, help our service men and women, my brothers and sisters in arms. Pass this been interrupted and lost their train of that. amendment. Let them know that somebody thought, let me return to that for a I tried to move this amendment last gives a damn. Let me know somebody gives moment and tell you what I am doing. year. Others came to the floor and said: a damn. Let Sean know. This amendment says you cannot sell We can work this out. It never hap- Thank you. dietary supplements containing stimu- pened. The industry did nothing. We KEVIN S. RIGGINS. lants at military stores and base ex- have achieved nothing. We have to put changes, unless the maker of the die- this protection in the law for our mili- My name is Debbie Riggins. My son, Sean, tary supplement agrees, under law, to died of a heart attack almost 3 years ago at tary personnel. age 16 due to ephedra. That day changed my notify the Government if there are ad- I close by asking unanimous consent life forever. I still struggle with the memory verse events when somebody takes the that Senator FEINSTEIN’s name be of that day; the moment I saw the life drift supplement. In other words, if you take added as a cosponsor. from the eyes of my only child. As Sean a nutritional or dietary supplement The PRESIDING OFFICER (Mr. started high school, he thought of what he and suffer a heart attack or a stroke or CHAFEE). Without objection, it is so might want to do with his life. He considered someone dies and it is reported to the ordered. a life in the armed services. He never got manufacturer, this would require that that chance. He was robbed of the chance to Mr. DURBIN. Mr. President, I also do many things. the manufacturer notify the Govern- ask unanimous consent that letters of Now it’s time for the military to set an ex- ment. support be printed in the RECORD. ample to the private sector; a chance to Has that ever happened? Sadly, it There being no objection, the mate- show the Nation that it truly cares about the has. The military bases took ephedra rial was ordered to be printed in the health and welfare of its troops. We are ask- off the shelves at the end of 2002 be- RECORD, as follows: ing the military to track and report adverse event reports of their troops. Since the phar- cause, between 1997 and 2001, at least 30 LETTERS OF SUPPORT active American military duty per- maceutical companies have been so lax and My name is Kevin Riggins from Lincoln, unprofessional in their reporting practices, sonnel died after taking ephedra. After IL. and I would like to tell you my story. On many events are either being diagnosed in- 7 years of effort, the FDA banned Sep. 3, 2002, my wife and I lost our son, 16 correctly or being swept under the rug. The ephedra in 2004. The industry went to year old, Sean Riggins to a heart attack military should be an example for the rest of court and fought it—even though 150 brought on by the use of ephedra. Sean was the Nation. The armed services is a more Americans had died from this dietary a healthy, active student athlete with no controlled environment and would thus be a supplement—and they won. In a court health problems overt or latent. Sean played more consistent reporting base reflecting in Utah, they determined that the Fed- football, wrestled, and was a ‘‘Black Belt’’ in truer figures and facts. Tae Kwon Do, and while he excelled in each It’s already a tragedy when a family is in- eral law, the Dietary Supplement sport, he and his teammates strived for formed that their loved one has been killed Health Education Act, DSHEA, didn’t more. To ‘‘enhance’’ their performance in in action but to later discover that it was have the teeth to stop the sale of football they began taking dietary supple- from an uncontrolled herbal supplement ephedra as a dietary nutritional sup- ments containing ephedra. Because of the while they were deployed is even worse. It’s plement. So today this tells the story. current FDA rules concerning dietary sup- ‘‘chemical warfare meets friendly fire’’. Nutrition centers, such as this one in plements, or more precisely the lack thereof, Protect the service men and women as the photo, in Cincinnati, OH, are pro- my son lost his life. they protect us. DEBBIE RIGGINS. claiming ‘‘ephedra is back.’’ It cer- As you may or may not know, dietary sup- plement companies fall under the Dietary tainly is. A member of my staff decided Supplement Health and Education Act From: Hilary Spitz to order 30 pills containing 200 milli- (DSHEA) and NOT under the Food, Drug and Sent: Tuesday, July 19, 2005, 10:02 p.m. grams each of ephedra over the Inter- Cosmetics Act. Under DSHEA, supplement On March 16, 2000, our lives forever net from a post office box in Boonville, companies do not need a license to manufac- changed. My daughter, Hilary Spitz had MO. You can pick it up everywhere, ture these products, nor do they require a worked midnights as a deputy sheriff for even though it continues to be dan- medical or science professional to formulate Coles County. When she got home, we went gerous. and create said products. As a result, there shopping. I dropped her off at home and left Why should we expose the men and are numerous companies that are owned and to go sign documents at the school board of- women in our military to supplements run by persons with no more than a high fice. My husband worked midnights also. school diploma, in fact, I know of at least 3 They both closed their respective doors. that have already taken the lives of at owners that have State and Federal convic- Soon after I arrived, Dr. Berg received a call least 30 of our military personnel and tions for a variety of offenses including drug for me. I was told my daughter was in trou- threatened scores of others? This possession and distribution. Imagine a high ble at home and an ambulance had been amendment says we will not. Unless school graduate convicted felon formulating called. My husband had heard our dogs bark- you, as a manufacturer, are prepared to the mixtures and dosages for these products. ing and went to check on them. They were report adverse events to the Federal There are no good manufacturing processes scratching at Hilary’s door and he could hear Government, you cannot sell these set in place for these companies, which a horrible wailing sound coming from her products on military bases. means that dosage requirements and con- room. He burst in and found her lying on the In case people are wondering whether tents are irrelevant due to the lack of stand- floor in a very violent seizure. He could not ardization. get her to respond and quickly dialed 911. He this little effort against ephedra is my There are no requirements for adverse physically had to lay across her to keep her personal idea, ephedra, such as I am event reporting to the FDA. If a supplement from hurting herself. Her feet were bleeding holding it here, has already been company receives a report that their product from kicking the bed and dresser. When I ar- banned for sale in Canada. As I am injured someone, the company can and in rived home, I could hear her from the door- holding it here, it has been banned for certain cases has thrown the AER away. way. No one knew what was wrong. When I sale in many local jurisdictions. The These are but a small sample of the prob- arrived at the hospital, I was met at the door American Medical Association has said lems with this industry and that is why I by a nurse and told they were doing every- it is a dangerous supplement. We have support any and all efforts to reign in these thing they could for her and I could not go lawless companies. in. Soon after my family arrived, we con- seen sports activities—one after the As an honorably discharged decorated vet- vinced them to let me in, maybe I could talk other—ban the use of ephedra. A Balti- eran, I applaud requiring adverse event re- to her. By that time, she was still unrespon- more Orioles pitcher died last year ports turned in by military members to be sive and uncontrollable. No amount of medi- after taking it in an attempt to lose reported to the FDA. Our soldiers, sailors cine would calm her down. They did all kinds weight. In my area of Lincoln, IL, in and airmen deserve this protection. They put of tests and eventually transferred her to central Illinois, a great young man, 16 themselves on the line and tell our enemies Carle Clinic. Her seizure lasted 131⁄2 hours. It years old, went to the local gas sta- ‘‘you will not pass’’, and for that we must ac- was eventually determined that this was tion—Sean Riggins was his name—to cord them every protection. caused by an herbal diet supplement that If I sound somewhat bitter, I am. If I sound contained ephredra. She had taken 5 pills in buy some dietary supplement pills to driven and committed to reigning in these 10 days. That wasn’t even the amount that get ready for a high school football types of corporations, I am. I lost my son. was suggested to take. She was in a coma for game. By the next morning, he was You cannot know that pain, that emptiness, 7 days. When she woke up, she had no idea dead from a heart attack. that hole in your soul when you lose a child what had happened. Since that time, she has

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8637 had other health issues that have come up, ciated with dietary supplements’’ under its All too often patients fail to inform their but cannot be linked directly to the ephedra voluntary reporting system. This under-re- physician when they use one or more of seizure, but it seems strange that they hap- porting is particularly problematic because, these products. This leads to potential inter- pened after that. But, since the seizure and as the IG explained, dietary supplements do actions with prescribed medications and may the hypoxic aftereffects, she is unable to not undergo premarket approval for safety obscure an accurate diagnosis of an under- work. She suffers from depression, anxiety, and efficacy, and the adverse event reporting lying condition or disease. The physical rig- sleeplessness, agitation, and sever memory system is the FDA’s primary means for iden- ors of the military place soldiers at an even dysfunction. I am so grateful that she is here tifying safety problems. The IG, therefore, greater risk of harm caused by dietary sup- with me. I wish she did not have the symp- recommended that manufacturers be re- plements that have not been properly mon- toms, but I am content that she is alive. We quired to report serious adverse health reac- itored. continually live with her problems and con- tions to the FDA. The AOA supports the ability of the Food tinually have to be with her. She was afraid The most recent report by the National and Drug Administration (FDA) to monitor to go to sleep for a long time and had the Academy of Sciences Institute of Medicine dietary supplements. Your amendment light on in the bedroom closet. Hilary lives underscores the necessity of passing such would take a significant step in ensuring the with us and we help raise her 7 year old legislation. As the report explained, ‘‘[e]ven FDA, and ultimately military personnel, daughter. If there is anything that we can do though they are natural products, herbs con- physicians, and the general public, become to keep this horrible product off the market, tain biological and chemical properties that more knowledgeable with regard to possible we would be happy to discuss this with you. may lead to rare, acute or chronic adverse serious side effects of certain dietary supple- We want to prevent anyone else from going effects.’’ Therefore, the IOM recommended ments. By requiring that the FDA receive se- through this. Unfortunately, most people do that Congress strengthen ‘‘consumer protec- rious adverse event reports for dietary sup- not survive this. Hilary is one of the lucky tion against all potential hazards’’ and plements sold on military installations, a ones. It is just too bad that she had to go called for legislation to require that a manu- significant gap in knowledge about these through this. facturer or distributor report to the FDA in products and their effect on a person’s health would be closed. Thank You, Michelle Skinlo. a timely manner any serious event associ- On behalf of my fellow osteopathic physi- ated with the use of its marketed product of cians, I pledge our support for your efforts to CENTER FOR SCIENCE which the manufacturer or distributor is promote the health of American soldiers by IN THE PUBLIC INTEREST, aware. Adverse event reports are an essential confronting the issue of dietary supplements July 21, 2005. source of ‘‘signals’’ that there may be a safe- and the health of our armed services. Please Hon. RICHARD J. DURBIN, ty concern warranting further examination. While we believe the FDA should be given do not hesitate to call upon the AOA or our U.S. Senate, Washington, DC. members for assistance on this or other DEAR SENATOR DURBIN: The Center for new authority to ensure that all supple- health care issues. Science in the Public Interest (CSPI) wishes ments are safe before they are sold regard- Sincerely, to commend you for introducing an amend- less of whether they are sold at military in- PHILIP SHETTLE, D.O., ment to S. 1042 that would require manufac- stallations, and to promptly remove unsafe President. turers who sell on military bases dietary products from the market, the measures in supplements containing stimulants to sub- this bill are an important first step towards CONSUMERS UNION, mit to the Food and Drug Administration evaluating the safety of dietary supplements July 21, 2005. (FDA) reports of serious adverse health reac- now on the market. We, therefore, believe Hon. RICHARD DURBIN, tions relating to such products. Serious reac- that the legislation should be enacted. U.S. Senate, Washington, DC. Sincerely, tions include death, life-threatening condi- DEAR SENATOR DURBIN: Consumers Union, tions, hospitalization, persistent disability BRUCE SILVERGLADE, publisher of Consumer Reports magazine or incapacity, and pregnancy-related effects. Director of Legal Affairs. supports your ‘‘Make our Armed Forces Members of the armed forces are particu- ILENE RINGEL HELLER, Healthy (‘‘MASH’’) amendment to the FY larly at risk from potentially harmful stimu- Senior Staff Attorney. 2006 Department of Defense Authorization lants that are promoted for weight loss and bill. Your amendment would require manu- performance enhancement. Such claims ‘‘are AMERICAN OSTEOPATHIC ASSOCIATION, facturers that sell dietary supplements con- enticing to soldiers [and other members of Washington, DC, July 20, 2005. taining stimulants on military installations the armed forces] who are trying to meet or Hon. RICHARD DURBIN, to file reports of all serious adverse events maintain weight standards, improve physical Democratic Whip, U.S. Senate, Dirksen Senate relating to the products (including death, a fitness test scores, or be competitive in spe- Office Building, Washington, DC. life-threatening condition, hospitalization, cialized unit requirements.’’ DEAR SENATOR DURBIN: As President of the persistent disability or incapacity, or birth Between 1997 and 2001, 30 active duty per- American Osteopathic Association (AOA), I defects) with the FDA. sonnel died after taking ephedra, the most am pleased to inform you of our support for Many members of the military invest a lot widely used stimulant at that time. As a re- the ‘‘Make Our Armed Forces Safe and of time and attention in their physical fit- sult, the Marine Corps banned the sale of die- Healthy (MASH) Act.’’ We appreciate your ness. In addition to physical training, some tary supplements containing ephedrine alka- willingness to offer this provision as an have turned to dietary supplements—includ- loids at its commissaries more than two amendment to the ‘‘Fiscal Year 2006 Depart- ing those containing stimulants—believing years before FDA’s nationwide ban became ment of Defense Appropriations Act’’ (H.R. they may increase their performance. Unfor- effective on April 12, 2004. The other mem- 2863). The AOA and the 54,000 osteopathic tunately, use of such stimulants too often bers of the Armed Forces implemented their physicians it represents, extends its grati- results in harm. Prior to its action banning own bans soon thereafter. Although replace- tude to you for introducing this important this ingredient from herbal supplements on ments for ephedra, such as bitter orange, amendment. February 11, 2004, the FDA had received at usnic acid and aristolochic acid appear to The AOA continues to evaluate the impact least 16,961 adverse event reports relating to present similar risks, it may take years be- of increased use of dietary supplements and ephedra supplements, including reports of fore FDA has amassed the data necessary to other ‘‘natural’’ products upon the patients heart attacks, strokes, seizures and fatali- ban or otherwise restrict the sale of these we serve. Over the past ten years we have ties. Consumer Reports, however, continues and other stimulants. We, therefore, believe seen a steady increase in utilization of die- to strongly urge people to avoid all weight- that, in the interim, military personnel tary supplements by consumers. As a result, loss and energy-boosting supplements, in- should be protected. we are increasingly concerned about the un- cluding those that are now touted as Passage of this amendment will also pro- regulated manner in which many of these ‘‘ephedra-free.’’ vide FDA with sorely needed data to support products are produced, marketed, and sold. As reported in the January 2004 issue of restrictions on the sale of harmful supple- As evidenced by a 1999 study conducted by Consumer Reports, herbal supplements that ments. In July 2000, the General Accounting the U.S. Army Research Institute for Envi- are labeled ‘ephedra-free’ are not necessarily Office concluded that: ronmental Medicine, the use of dietary sup- safer than ephedra. Many include similar ‘‘Once products reach consumers, FDA plements is a significant health care issue central nervous stimulants, such as syn- lacks an effective system to track and ana- for American soldiers. A similar study con- ephrine-containing bitter orange (citrus lyze instances of adverse effects. Until it has ducted by the Department of the Navy found aurantium) that not only are structurally one, consumers face increased risks because that overall seventy-three percent of per- similar to ephedrine, but also affect the body the nature, magnitude and significance of sonnel reported a history of supplement use, in similar ways. Because there is no required safety problems related to consuming die- with the number as high as eighty nine per- pre-market safety evaluation for those prod- tary supplements and functional foods will cent of Marines reported using supplements. ucts, consumers have no assurance that the remain unknown.’’ These studies demonstrate the prevalence of problems experienced by ephedra users will Similarly, a report by the Office of Inspec- these products among our men and women in not continue with a switch to ephedra-free tor General (IG) of the Department of Health uniform. products. and Human Services, Adverse Event Report- The AOA believes that it would be bene- We therefore commend you for crafting ing for Dietary Supplements: An Inadequate ficial for consumers and physicians to have this amendment that will better ensure that Safety Valve, concludes that ‘‘FDA receives an increased understanding of the potential the military—and the broader public—is in- less than 1 percent of all adverse events asso- serious side effects of dietary supplements. formed about the potential harms that can

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8638 CONGRESSIONAL RECORD — SENATE July 21, 2005 result from the use of these products. Thank when you would resume your debate SEC. ———. SENSE OF THE SENATE REGARDING you again for your sponsorship. with the Senator from New Jersey? MANNED SPACE FLIGHT. Sincerely, Ms. COLLINS. Mr. President, I have (a) FINDINGS.—The Congress finds that— JANELL MAYO DUNCAN, offered a second-degree amendment. I (1) human spaceflight preeminence allows the United States to project leadership Legislative and Regulatory Counsel. have asked for the yeas and nays on it. Mr. DURBIN. Mr. President, I report around the world and forms an important I believe that the floor staff is trying component of United States national secu- to my colleagues that my amendment to set up the vote on the alternative rity; has been endorsed by the American approaches. It may well be appropriate (2) continued development of human Medical Association, the American Di- for the Senator from Texas to go ahead spaceflight in low-Earth orbit, on the Moon, etetic Association, the American Os- while we are considering those things. and beyond adds to the overall national stra- teopathic Association, Consumers Mr. WARNER. I thank our colleague. tegic posture; Union, Center for Science in the Public Mr. LEVIN. Reserving the right to (3) human spaceflight enables continued Interest, the American Society for object, we have a lot of amendments stewardship of the region between the earth Clinical Pharmacology & Therapeutics, now that have been set aside. If the and the Moon—an area that is critical and of Senator from Texas is asking that she growing national and international security as well as two individuals, Michelle relevance; Skinlo of Mattoon, IL, mother of 31- could introduce a sense-of-the-Senate (4) human spaceflight provides unprece- year-old Hillary Spitz, who had a sei- amendment and put it in order and dented opportunities for the United States to zure in 2000 and continues to suffer then it be set aside immediately and lead peaceful and productive international long-term debilitation because of taken up at a later time, I will have no relationships with the world community in ephedra, and Kevin Riggins of Lincoln, objection. Because other amendments support of United States security and geo- IL, father of 16-year-old Sean Riggins, are waiting to be disposed of, I could political objectives; a high school football player who died not agree that her amendment come (5) a growing number of nations are pur- ahead of other amendments. suing human spaceflight and space-related after taking ephedra. The tragedy of capabilities, including China and India; these families does not need to be rep- Mrs. HUTCHISON. Whatever is the pleasure of the chairman and ranking (6) past investments in human spaceflight licated, certainly on the military capabilities represent a national resource bases, across America. member. Mr. WARNER. I ask the Chair to re- that can be built upon and leveraged for a I urge my colleagues support my broad range of purposes, including national state the unanimous consent request amendment. and economic security; and Pursuant to my earlier request, I ask which we are ready to accede to on (7) the industrial base and capabilities rep- the amendment be set aside and we re- both sides. resented by the Space Transportation Sys- The PRESIDING OFFICER. Consent turn to the regular business. tem provide a critical dissimilar launch ca- has been granted for 2 hours of debate The PRESIDING OFFICER. That is pability for the nation. on the Lugar amendment. (b) SENSE OF THE SENATE.—It is the sense the regular order. Mr. WARNER. Yes. The Senator from of the Senate that it is in the national secu- Mr. WARNER. Mr. President, I very Texas can state her request. rity interest of the United States to main- much need to accommodate Senators Mrs. HUTCHISON. Mr. President, I tain uninterrupted preeminence in human on both sides of the aisle with a short ask unanimous consent that Senator spaceflight. unanimous consent request. NELSON and I be able to offer our Mrs. HUTCHISON. Mr. President, I Mr. DURBIN. I am happy to yield for amendment following Senator DURBIN rise today with my colleague, Senator that purpose. and before Senator LUGAR’s amend- NELSON of Florida, to offer an amend- Mr. WARNER. This is a matter the ment is considered. ment expressing the sense of the Sen- ranking member and I have worked on. Mr. LEVIN. Reserving the right to ate regarding the critical nature of I ask unanimous consent that be- object, my understanding of the re- human spaceflight to America’s na- tween the hours of 4:30 and 6:30 tonight quest is that immediately following tional security. the amendment by Mr. LUGAR be Senator DURBIN, the Senators from The day after the scheduled space brought up with 1 hour on each side, Texas and Florida will be recognized shuttle launch was canceled last week, with the hour in opposition under the simply to introduce a sense-of-the-Sen- there were two news items that were control of Mr. KYL, with a rollcall vote ate amendment, which would then be largely overlooked by many who were immediately following. set aside, and then we would move at focused on what might have caused the The PRESIDING OFFICER. Without 4:30 as previously authorized, and any sensor failure which was the basis for objection, it is so ordered. time remaining between the time they Mr. LEVIN. Mr. President, to clarify stopping the countdown to launch. offer and set aside that amendment One of these was an announcement that, regardless of what is pending, at would then go to the Senator from 4:30, we will move to the Lugar amend- by the Chinese space agency that they Maine and the Senator from New Jer- planned to launch their second manned ment, and we will vote on that amend- sey to continue their debate. ment at 6:30, and then return to what- spaceflight in October aboard their The PRESIDING OFFICER. Is there Shenzhou spacecraft. The other was ever the pending matters are. objection to the request? Without ob- Mr. WARNER. I thank the Senator. the announcement by the Russian jection, it is so ordered. space agency that they were initiating There are no second degrees. The Senator from Texas. Mr. LEVIN. Right. full-scale development of their clipper AMENDMENT NO. 1357 Mrs. HUTCHISON. Mr. President, space vehicle, a small shuttle-like Mrs. HUTCHISON. Mr. President, I parliamentary inquiry: space vehicle capable of taking several send an amendment to the desk and I wanted to make time for the people into orbit, a sort of winged sup- ask for its immediate consideration. plement to their existing Soyuz launch Hutchison-Nelson amendment to come The PRESIDING OFFICER. The after Senator DURBIN and before the vehicles. clerk will report. Whether these announcements were 4:30 amendment. The legislative clerk read as follows: Mr. WARNER. Mr. President, I want calculated to remind the world that The Senator from Texas [Mrs. HUTCHISON], the space shuttle and the United States to engage the Senator from Maine and for herself and Mr. NELSON of Florida, pro- the Senator from New Jersey. We have poses an amendment numbered 1357. do not represent the only avenue by a unanimous consent request from our Mrs. HUTCHISON. Mr. President, I which humans can fly to space is de- colleague from Texas. Would the Sen- ask unanimous consent that the read- batable. My purpose in mentioning ator from Texas repeat that for the ing of the amendment be dispensed them, however, is to remind my col- Senator from Maine. with. leagues that space is not the exclusive Mrs. HUTCHISON. Mr. President, I The PRESIDING OFFICER. Without province of the United States, that was under the impression that Senator objection, it is so ordered. there is increasing interest among NELSON and I would be able to offer our The amendment is as follows: technically advanced nations of the sense-of-the-Senate amendment fol- (Purpose: To express the sense of the Senate world in developing and maintaining lowing Senator DURBIN. with regard to manned space flight) the ability to conduct human Mr. WARNER. Would the Senator At the appropriate place, insert the fol- spaceflight missions. Not all of those from Maine advise the chairman as to lowing: nations share the same values and

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8639 principles as our country, and they space shuttle launch into the Florida The way they have worked this is may not have the same motivations for sky after having been down for 21⁄2 nothing short of miraculous. I would advancing their independent capability years after the mistakes that should call them Merlin the Magicians. I for human spaceflight. not have been made that took down Co- thank them for the leadership they Space represents the new modern def- lumbia, and that 18 years earlier had have shown us. inition of the high ground that has his- taken down Challenger. I associate myself with remarks torically been a significant factor in We have a new leader, Michael Grif- made earlier on the TRICARE amend- defense strategy. Virtually all of our fith, and he is doing a good job. I can ment for the Guard and Reserves. So military actions in recent years have tell you that the team is ready and often my colleagues have heard me made dramatic use of space-based as- they have scrubbed this orbiter and speak with such great pride about the sets in conducting those important op- this stack as it has never been Florida National Guard. They were erations in the course of pursuing na- scrubbed before. Even though first into Iraq. They were in Iraq before tional security and foreign policy. Sat- spaceflight is risky business, they are the war started because they were in ellite targeting, surveillance and intel- ready to go. It is an acceptable risk be- there with the special operations ligence gathering, use of radio fre- cause of the benefits we gather from it. troops. For us to give them the health quencies and communications all re- What this amendment does—and I care through TRICARE is exception- sult from our ability to explore in want to say a word about our two col- ally important. space. leagues who lead our Armed Services I yield the floor. In recent years, we have witnessed a Committee who I think will accept this Mrs. HUTCHISON. Mr. President, I growing entrepreneurial interest in de- amendment—it simply says: It is the thank the distinguished Senator from veloping access to space for humans sense of the Senate that it is in the na- Florida. I am the Chair and he the and cargo. We recently passed out of tional interest of the United States to ranking member on the Commerce the Commerce Committee a NASA re- maintain uninterrupted preeminence Subcommittee on Space and Science. I authorization bill which will provide in human spaceflight. so appreciate the opportunity to ex- Why? Why are we saying that? Be- guidance for our space program at a press this sense-of-the-Senate amend- cause we could be in a posture that if critical time, a time when we have ment. I hope my colleagues will sup- the space shuttle is shut down in 2010, multiple demands on limited resources. port it because I do believe that human which is the timeline, and if we did not During our consideration of this bill spaceflight is as much a part of our na- soon thereafter come with a new vehi- and during hearings, it became clear tional security as anything we do. We cle to have human access to space, the that we must think of manned see the preeminence we have in our new what is called the crew exploration spaceflight in terms of national secu- vehicle, which will be a follow-on—it military because of precision-guided rity, as well as science and exploration. may be in part a derivative of the shut- missiles, because of the ability to exe- For these reasons, I believe it is impor- tle stack vehicle, but it will be more cute surveillance and intelligence tant that in the context of this Defense like a capsule harkening back to the gathering to an extent we never have authorization bill, we express the sense old days where you have a blunt end been able to before we explored space of the Senate that we recognize the im- that has an ablative heat shield that and were able to put satellites there. portant and vital role of human will burn off in the fiery heat of re- The idea that we would consider a hi- spaceflight in the furtherance of our entry—that if we don’t watch out and atus in our opportunities to put hu- national security interests, and that we have a hiatus between when we shut mans in space is one that is unaccept- we reaffirm our commitment to retain- down the space shuttle and when the able to me and to my ranking member. ing our Nation’s leadership role in the new vehicle flies, one originally that We hope the sense-of-the-Senate growing international human space- was planned by NASA to be 4 years, amendment will be adopted to ac- flight community of nations. which meant it was going to be 6, 7, or knowledge and assure that space explo- Great nations discover and explore. 8 years, then we don’t have an Amer- ration is shown to be a part of our na- Great nations cross oceans, settle fron- ican vehicle to get into space. tional security interests. It is essential tiers, renew their heritage and spirits, If that is not bad enough, who knows that we not, in any way, ever let our and create greater freedom and oppor- what the geopolitics of planet Earth is eye get off that ball, that we must have tunity for the world. Great nations going to be in the years 2011 to 2018. We dominance in space if we are going to must also remain on the front edge of may find that those vehicles we rely on keep our preeminence in national de- technologically advanced programs to to get today, for example, to the space fense. maintain their security edge. station, when we are down with the I thank the Chair. Today we recognize one such pro- American vehicle, may be aligned with Mr. NELSON of Florida. Mr. Presi- gram. We have an international out- somebody else. That is why we want to dent, may I just make one further com- post in space. We are on a path to es- make sure we have that other vehicle ment? It is interesting at the very time tablish a permanent presence on the ready about the time we shut down the we are talking about space, we have Moon. Let us stand united to recognize space shuttle so we will have human America’s true national hero on the the inexorable link and importance of access to this international space sta- Senate floor, a former colleague of the human spaceflight in our national se- tion and reap the benefits, once it is Senate, John Glenn, who blazed the curity. fully constructed, of all the experimen- trail for everybody. When he climbed I hope my colleagues will support tation and the processing of materials on that Atlas rocket, he knew there this important statement that says we can uniquely do in the microgravity was a 20-percent chance that it was keeping our dominance in space is a of Earth’s orbit. going to blow up. Yet that is the kind matter of national security for our That is the importance, in this Sen- of risk that he took so that all of us in country. ator’s mind, of this resolution. America that followed could have these The PRESIDING OFFICER. The Sen- Before I turn back to my colleague, I wonderful benefits. ator from Florida. want to say a word about our leader- I want to note the presence on the Mr. NELSON of Florida. Mr. Presi- ship on the Armed Services Com- floor of former Senator Glenn. dent, I join with my colleague, the dis- mittee, and I want the Senator from (Applause.) tinguished Senator from Texas, who Virginia to hear this. I want him to The PRESIDING OFFICER. The Sen- serves as the Chair of our Science and know what a great example he and the ator from Michigan. Space Subcommittee and of which I Senator from Michigan set for the rest Mr. LEVIN. Mr. President, first let have the privilege of being the ranking of us in the way these two Senators me say how delighted that I know I member. The timing of this amend- work together so problems that could am—I know every Member who is on ment is propitious because the problem be so thorny are usually ironed out, es- the floor now is, and every Member on the shuttle has been found and the pecially in dealing with such matters would be if they were on the floor—just count will start shortly. Next Tuesday of great importance to our country, taking a look at a dear friend and a morning at 10:39 a.m., if all goes as well such as the defense interests of our former colleague of ours who just as we certainly hope, we will see the country. walked on the floor. When John Glenn

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8640 CONGRESSIONAL RECORD — SENATE July 21, 2005 is in our presence, it lifts all of us. The I would say to Senator LUGAR, I find (2) COOPERATIVE THREAT REDUCTION ACT OF way he lifted up this Nation, he still myself in a bit of an awkward position 1993.—Section 1203(d) of the Cooperative provides a great lift to each and every at this time in opposition because I re- Threat Reduction Act of 1993 (title XII of one of us. And his beloved wife and our member the breakfast that Sam Nunn Public Law 103–160; 22 U.S.C. 5952(d)) is re- pealed. beloved friend, Annie, does the same had in the Armed Services Committee (3) RUSSIAN CHEMICAL WEAPONS DESTRUC- when she is at his side. So it is great to office when the first concept of Nunn- TION FACILITIES.—Section 1305 of the Na- see former Senator Glenn again. Lugar was adopted and how grateful all tional Defense Authorization Act for Fiscal I also want to thank Senator NELSON of us are for the Senator’s continued Year 2000 (Public Law 106–65; 22 U.S.C. 5952 for his remarks. I must say we are service in these many years ensuing to note) is repealed. blessed—and I know Senator WARNER make this very important program ef- (b) INAPPLICABILITY OF OTHER RESTRIC- feels the same way I do—that the mem- TIONS.— fective not only for this country, the Section 502 of the Freedom for Russia and bers of our committee work so well to- citizens of Russia, and the former So- Emerging Eurasian Democracies and Open gether, but we are particularly blessed viet Union but also the world. I thank Markets Support Act of 1992 (Public Law 102– when we have members such as BILL the Senator from Indiana. 511; 106 Stat. 3338; 22 U.S.C. 5852) shall not NELSON of Florida who fight for so AMENDMENT NO. 1380 apply to any Cooperative Threat Reduction many issues not just for Florida but for The PRESIDING OFFICER. Under program. the Nation. the previous order, the Senator from Mr. LUGAR. Mr. President, I like- He mentioned TRICARE. He has been Indiana is recognized to offer an wise would like to ask that Senator on that issue as long as anybody I can amendment. FEINSTEIN and Senator ENZI be added remember. As it happened, we passed Mr. LUGAR. Mr. President, I thank as cosponsors of the amendment. that perhaps when he was not even on my distinguished friend, JOHN WARNER, The PRESIDING OFFICER. Without the Senate floor today, but I know he for his very thoughtful comments objection, it is so ordered. has been a strong supporter and his ad- about the origin of the program and Mr. LUGAR. Mr. President, my vocacy has made all the difference. the initial bipartisan breakfast of Sen- amendment is based upon S. 313, the The PRESIDING OFFICER. The Sen- ators that in the latter stages of the Nunn-Lugar Cooperative Threat Reduc- ator from Virginia. 1991 session made possible the coopera- tion Act of 2005, which I first offered in Mr. WARNER. Mr. President, I join tive threat reduction legislation. November 2004 and reintroduced this my colleague in thanking former Sen- I am honored that Senator John January. It is focused on facilitating ator Glenn for coming back and joining Glenn and Annie are likewise wit- implementation of the program and re- the longstanding tradition of the Sen- nessing the program today, along with moving some of the self-imposed re- ate, and a proper one. A former Sen- our distinguished colleagues, Senator strictions that complicate or delay the ator is always welcome back on the WARNER and Senator LEVIN, who have destruction of weapons of mass de- floor. There is the desk at which he sat meant so much to all of us in formu- struction. By self-imposed, I mean re- these many years, and as a member of lating the defense policy. strictions imposed by our Government the Senate Armed Services Committee. I send an amendment to the desk on on our programs which bring about I never heard about the blowup thing behalf of myself, Senators LEVIN, delay, sometimes very severe delay, at before, but I can say I have seen the OBAMA, LOTT, JEFFORDS, NELSON of a time that we take seriously the war Senator sit in that chair and blow up Florida, VOINOVICH, DODD, LEAHY, NEL- on terrorism, and the need, as a matter this place many times in his long dis- SON of Nebraska, MURKOWSKI, KENNEDY, of fact, to bring under control mate- tinguished career and fight for the CHAFEE, COLLINS, ALEXANDER, ALLEN, rials and weapons of mass destruction things in which he believed. We send SALAZAR, HAGEL, DEWINE, REED, DOR- as rapidly and as certainly as possible. the best to you, dear friend, and your GAN, MIKULSKI, BIDEN, STABENOW, In essence, I am going to argue in lovely wife Annie, and wish you well. BINGAMAN, AKAKA, and LAUTENBERG, various forms during the next few min- Return many times. and ask for its immediate consider- utes that the United States of Amer- Mr. LEVIN. If the chairman would ation. ica, contrary to almost all common yield, there is an issue on the floor The PRESIDING OFFICER. The sense, imposes upon itself the need to today, in addition to the pending sense- clerk will report. examine year by year specifically Rus- of-the-Senate resolution about keeping The legislative clerk read as follows: sian cooperation, Russian money, men in space. We have a pending The Senator from Indiana [Mr. LUGAR], for whether moneys are fungible; that is, amendment that is going to be offered himself, Mr. LEVIN, Mr. DOMENICI, Mr. moneys that are spent by the United by Senator LUGAR that has to do with OBAMA, Mr. JEFFORDS, Mr. NELSON of Flor- States to work with Russians to de- nonproliferation, Nunn-Lugar, trying ida, Mr. VOINOVICH, Mr. DODD, Mr. LEAHY, stroy weapons of mass destruction in to make it possible for us to see if we Mr. NELSON of Nebraska, Ms. MURKOWSKI, Russia and elsewhere, whether we are, cannot reduce the threat of prolifera- Mr. KENNEDY, Mr. CHAFEE, Ms. COLLINS, Mr. in fact, serious about this. tion of weapons of mass destruction. I ALEXANDER, Mr. ALLEN, Mr. SALAZAR, Mr. If we came to a conclusion that for think the Member of the Senate who HAGEL, Mr. DEWINE, Mr. REED, Mr. DORGAN, some reason the Russians had not Mrs. CLINTON, Ms. MIKULSKI, Mr. BIDEN, Ms. probably pioneered in the effort to pre- spent precisely the amount of money STABENOW, Mr. BINGAMAN, Mr. AKAKA, Mr. vent proliferation of weapons of mass LAUTENBERG, Mrs. FEINSTEIN, and Mr. ENZI, that we think they ought to spend, destruction was John Glenn, who hap- proposes an amendment numbered 1380. does any Senator believe we at that pens to be on the Senate floor at this Mr. LUGAR. Mr. President, I ask point should stop taking warheads off particular moment. Senator LUGAR is unanimous consent that the reading of of missiles, should stop trying to get now here. Under our UC, he will be of- the amendment be dispensed with. control of weapons of mass destruction fering his amendment. But the effort of The PRESIDING OFFICER. Without in the chemical and biological areas? Senator LUGAR to try to control weap- objection, it is so ordered. Of course not. We have constructed for ons of mass destruction, to lock them The amendment is as follows: 14 years an extraordinary situation in up, to make sure that there are no (Purpose: To improve authorities to address which from time to time Senators, loose nukes, that Senator Nunn and so urgent nonproliferation crises and United some of whom had come new to the many others joined in, was actually a States nonproliferation operations) floor, were not here during the end of subject which was very close to the On page 302, between lines 2 and 3, insert the Cold War or any of the Cold War for heart and very much on the lips of the following: that matter, and said simply: We are John Glenn when he was here as a Sen- SEC. 1306. REMOVAL OF CERTAIN RESTRICTIONS suspicious of Russians. We are not sure ator. ON PROVISION OF COOPERATIVE we ought to be helping them at all. Mr. WARNER. Mr. President, at this THREAT REDUCTION ASSISTANCE. Why should they not destroy 40,000 point in time under the UC, there is 2 (a) REPEAL OF RESTRICTIONS.— metric tons of chemical weapons? Why (1) SOVIET NUCLEAR THREAT REDUCTION ACT hours equally divided between the dis- OF 1991.—Section 211(b) of the Soviet Nuclear should they not pay for it? They made tinguished Senator from Indiana, Mr. Threat Reduction Act of 1991 (title II of Pub- their bed. Let them sleep in it. In es- LUGAR, and Mr. KYL, who will soon be lic Law 102–228; 22 U.S.C. 2551 note) is re- sence, if they do not destroy it, that is on the floor, and myself. pealed. their problem.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8641 Long ago, as Senator WARNER point- all three are now free as a result of the last year, 2004, that weapons of mass ed out, we found it was our problem. cooperative threat reduction program, destruction were in Albania, specifi- The 13,300 nuclear warheads were the so-called Nunn-Lugar program, of cally chemical weapons of mass de- aimed at us, sometimes 10 warheads to nuclear weapons. struction. This was a surprise to our a missile—multiple reentry vehicles This did not happen easily. In each of authorities, quite apart from Members they were called. That is the problem. the years in which these destructive ef- of this body. I was privileged to accom- We thought, as a matter of fact, for our forts with regard to the former Soviet pany members of our Armed Forces safety, after a half century, it was use- ICBMs and cruise missiles and what and members of the Albanian Armed ful to work with Russians who came to have you came about, there had to be Forces on a trip into the mountains visit with Senator Nunn and with me competitive bidding conducted by the outside of Tirana, the capital city of and who asked for our help. They said: Department of Defense. In every year, Albania. Up in the mountains we came We have a problem in Russia, but you this was delayed because, once again, upon canisters. We saw a number of have a problem, too. Those warheads each of the stipulations added by a them. As a matter of fact, by the time are aimed at your cities and they are Senator or Member of the House had to the compilation was completed, 16 tons still up there on the missiles, and the be examined and had to be met. of chemical weapons, nerve gas, were tactical warheads are still out there, In some years, in the early parts of discovered in Albania. and privateers as the Red Army breaks the program, waivers were not avail- We had a program, because we had up could cart them off on flat bed able; waivers never occurred. The fiscal adopted it a short time before, in which trucks to Iran, Iraq, Libya, wherever year ran out and nothing happened in we knew that $50 million might be allo- there is a market for them. many programs. I find it incomprehen- cated outside the former Soviet Union. As a matter of fact, the Wall Street sible why, at this particular point in Obviously we were going to need that Journal helpfully published an article history, after 14 years of this experi- program. But the dilemma imme- about how one could take a missile out ence, there are still Members who diately was that a number of signoffs on a flat bed truck. So this was not would argue we still should go through was required. Members will recall we rocket science. Even at that time peo- the thousands of hours of bureaucratic were in an election year in 2004. We ple were still putting on stipulations. hassles every year, even if there is a were able to get signatures ultimately Why does that matter? It matters be- Presidential waiver at the end of the from the Secretary of State. It was cause at the beginning of each new trail that says: Call it off. Let’s get on very difficult for people at the White budget year the President of the with the war on terror. House to accumulate the papers and re- United States and various agencies in- It seems to be almost a theological quirements for President Bush to sign volved have to go through thousands of bent of some Members, who I suspect off, but eventually he did. But never- bureaucratic hours examining all of have a feeling that anything involving theless, it was roughly a 60-day period the stipulations that have been added Russians or recipients of weapons of from time of discovery. by some Member of the House or Sen- mass destruction or materials requires In this particular instance, a $20 mil- ate over the years to try to divine a whole lot of examination before we lion program of neutralization will whether there has been proper compli- take the active steps to work with eventually take care of that risk, and ance. them to destroy the material. it is a very substantial one. But my At the end of the day, the law now In any event, I commend the chair- point is it will not be the last one. states—and in fairness, the Senate man of the Armed Services Committee, I commend the Armed Services Com- Armed Services Committee has pro- my friend, Senator WARNER, and the mittee for recognizing the need for ex- vided—that there will be a permanent ranking member, Senator LEVIN, for pedited review and decisionmaking waiver authority. the important legislative efforts they when it comes to these emergency situ- After all of these thousands of hours have made. They have been steadfast in ations. This may be an instance in the of bureaucratic hassling, the President their support of the program through- war against terror in which we had suc- can finally say: Listen, we are in a war out the years. They played critical cess, and we had success beyond that. on terror. Let’s get on with it. But, ap- roles in the success of the program. While we were up in the mountains, the parently, the President would be hard- This year they have brought to the Albanian soldiers took us by sheds in pressed to do that before going through floor a bill that contains full funding which there were 79 Manpad missiles. all the machinations. for Nunn-Lugar programs, some $415 As part of the good will of that expedi- I am just saying, it is time to take million. They also embraced one of the tion, they agreed to destroy those in seriously weapons of mass destruction, most important elements of my earlier September of 2004, and they did so. materials of mass destruction. It is bill, S. 313, namely the transfer of au- Furthermore, as another feature, the time to get over the thought that thority from the President to the Sec- next day when we were out of the somehow or another the Russians may retary of Defense for approval of Nunn- mountains, in the office of the Minister or may not be cooperative because the Lugar projects outside the former So- of Defense of Albania, he talked about fact is, it is our program, cooperation viet Union. his plans for a military academy, a with the Russians, that has brought In 2003, Congress authorized the modest beginning at least of training about at this point some remarkable President to use up to $50 million in of young officers, with one of the skills results. Nunn-Lugar funds for operations out- to be required a facility in the English Let me recite some of those results. side the former Soviet Union. The leg- language. In essence, they wanted to During the last 14 years, the Nunn- islation requires the President to cer- continue talking to us and continue Lugar program has deactivated or de- tify that the utilization of the Nunn- working with us so there would be stroyed 6,624 nuclear warheads; 580 Lugar funds outside the former Soviet fewer and fewer surprises. ICBMs; 477 ICBM silos; 21 ICBM mobile Union will address a dangerous pro- I would contend in the war against missile launchers; 147 bombers—these liferation threat or achieve a long- terror we are going to have many sur- were the transcontinental bombers standing nonproliferation opportunity prises and we better have very rapid re- that could have carried nuclear weap- in a short period of time. sponses. I thank the drafters of the leg- ons across the oceans to us, and they President Bush used this authority to islation we are considering today for have been destroyed—789 nuclear air- authorize the destruction of 16 tons of their consideration of this. to-surface missiles; 420 submarine mis- chemical weapons in Albania. Let me Let me say the problem of the overall sile launchers; 546 submarine launched say the Albanian experience is instruc- situation in Russia remains as con- missiles; 28 nuclear submarines; 194 nu- tive, not only because good results oc- founding as before. It is a peculiar clear test tunnels. curred, but the very circumstances re- thought that some of the programs of Perhaps most importantly, Ukraine, quire the Senate, it seems to me, to the Cooperative Reduction Program Belarus, and Kazakhstan, who emerged focus on the world in which we live. that occur in the Department of State from the former Soviet Union situation Word came to officers in the Pentagon, and Department of Energy do not have as the third, fourth, and eighth largest in the Cooperative Threat Reduction these stipulations. They are literally a nuclear weapons powers in the world, Program, from authorities in Albania hangover from the first Nunn-Lugar

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8642 CONGRESSIONAL RECORD — SENATE July 21, 2005 debates in 1981—people suspicious of more; that we wish they would do it all tracts could be finalized from April 16, Russia, still suspicious of Russia, and in one place, and we are still arguing 2002, to August 9, 2002. This delay—and believing, because they are exercising with them over that. this is just 3 years ago—caused numer- their suspicions of the Russians, that In essence, what is the alternative? ous disarmament projects in Russia to somehow this has something to do with Let us say that for some reason some- be put on hold, including, specifically, destruction of weapons of mass de- one contends at the time Russians have installation of security enhancements struction. We have to get over that and 41,000 tons. Is this a good reason to at 10 nuclear weapons storage sites, that is the purpose of this debate delay any destruction, any further se- initiation of the dismantlement of two today, to try to get on and try to un- curity in our benefit? Not at all. That strategic missile submarines, 30 sub- derstand the world in which we live, in- is the essence of what we are talking marine launched ballistic missiles, and cluding Russia. about today—stipulations that long initiation of the dismantlement of the The question finally is, what na- ago were obsolete, were, if not a fig- SS–24 rail mobile and the SS–25 road tional security benefit do these so- ment of someone’s imagination on the mobile ICBMs and launchers—all of called certification requirements pro- floor of the Senate, a deliberate, pro- these deliberately delayed by us. We vide the American people? Do these vocative act to get an argument going did this ourselves. This is what these conditions I would advocate termi- with the Russians that could never in restrictions are about. Clearly, these nating make it easier or harder to fact be consummated. I suggest that projects were in our national security eliminate weapons of mass destruction some have said, well, at worst the cer- interest at the beginning of April and in Russia—or elsewhere, for that mat- tification process is simply an annoy- August when we finally got on with it. ter? Do the conditions make it more ance; that by this time in history we But they were delayed because of self- likely or less likely that weapons are go through the process every year and imposed conditions and the bureau- going to be eliminated? It would be the predictable arguments are made, cratic redtape that we have contin- hard to argue logically that putting the thousands of hours are spent, re- ually perpetrated year after year after more and more conditions upon action ports are filed, they are bumped up year. help us in destroying weapons and ma- from one desk to the next, and then ul- The second period of delays began terials of mass destruction. They obvi- timately at the end of the trail the when the fiscal year started, October 1, ously hinder us. In some years they President waives the whole business 2002—back into it all over again—with stopped us for months. We did this to and we get on with the program. the expiration of the temporary waiver ourselves. We continue to do it to our- While well-intentioned, these condi- that lasted only until September 30, selves, year after year. tions, in my judgment, seriously delay 2002. Again, U.S. national security suf- Congress imposed an additional six and complicate constructive efforts to fered with the postponement of critical conditions on construction of the destroy weapons of mass destruction. dismantlement of security activities chemical weapons destruction program I get back to this again. If the No. 1 for some 6 additional weeks until the at Shchuch’ye, after imposing all of security threat facing our country is Congress acted. the other conditions with regard to nu- weapons of mass destruction, the secu- Unfortunately, the events of 2002, al- clear weapons in Russia. These condi- rity of those weapons, the destruction though they are fairly recent, are remi- tions include, No. 1, full and accurate of those weapons, we cannot permit niscent of what occurred in the years Russian declaration on the size of its delays in our response. prior to that. They are the rule. In chemical weapons stockpile. Experts I was interested last year, as I know some years, as a matter of fact, Nunn- have argued for 14 years over whether you were, Mr. President, in a very vig- Lugar funds were not available for ex- Russia has specifically 40,000 metric orous debate between President George penditure until more than half of the tons of chemical weapons or something Bush and our colleague, Senator JOHN fiscal year had passed and weapons of more or less, and we will be arguing KERRY of Massachusetts. But one thing mass destruction slated for dismantle- about it every year so long as we have on which the President and Senator ment awaited the U.S. bureaucratic a stipulation that we have to have this KERRY agreed was that the No. 1 na- process. This means the program dur- argument. Some will claim that Russia tional threat was what we are talking ing those times was denied funds for has never made a full declaration of all about today: weapons of mass destruc- large portions of the year. The bu- of it. But, nevertheless, it is not a good tion, proliferation of those into the reaucracy continued to generate reams reason for stopping the program, be- hands of terrorists. They agreed this is of paper and yet ultimately produced cause we are dissatisfied with whether the essence of what all of our defense an outcome that was never in doubt; the Russians have come clean on every business is about, ultimately. All I am namely, that it is in the national secu- pound—or ton, for that matter—when suggesting is, given the urgency of rity interest of our country to destroy there are 40,000 metric tons we know of this, the illogic of delaying, delib- weapons of mass destruction in Russia that need to be destroyed. erately delaying on our part, bureau- and elsewhere. No. 2, every year we have to talk cratically, year after year, even if fi- Let me say, finally, Mr. President, about allocation by Russia of at least nally, as I say, at the end of the day we this certification consumes not only $25 million—its equivalent in Russian give the President the right to waive hundreds of man-hours in the Defense currency—to chemical weapons elimi- the whole thing and say, enough of Department but in the State Depart- nation. We also argue about whether this, get on with it—we must finally ment, in the intelligence community, Russia has developed a practical plan come to grips, and this amendment and the energy community. Obviously for destroying the stockpile of nerve does, and that is what the argument is the time could better be spent tackling agents and whether enactment of a law about today—to eliminate these bar- the problems of proliferation where, in by Russia that provides for elimination riers that are self-imposed and that I fact, the materials are—where are the of all nerve agents at a single site is believe are destructive to our national Albanias of the future; identifying the valid. security. next A.Q. Kahn in Pakistan and that We have been arguing about the sin- Let me make a point. In 2002—to get network, locating hidden stocks of gle site problem for quite a while. We the facts—the Bush administration chemical and biological weapons, as have at this point, I suspect, a general withheld certification for Russia be- many of us have attempted to do. summation that probably chemical cause of the concerns about chemical Mr. President, let me add as a per- weapons will be destroyed at three and biological weapons arenas. Presi- sonal thought, it is apparent, I suspect, sites. I simply point these things out dent Bush recognized the predicament. with the urgency with which I ap- because in order each year to start up The President said, How can we get out proach this that I take it seriously, the program, all of these arguments of this predicament? And he requested and I do, and I think a majority of Sen- must go back through the bureaucracy. waiver authority for the congression- ators do. I plan to visit Russia again in Somebody must certify that the Rus- ally imposed conditions. While await- August, as I have each year for the last sians have, in fact, appropriated $25 ing a temporary waiver to be author- 14. I plan to visit Ukraine. I hope to go million, that they have made a full ized in law, the new Nunn-Lugar to Azerbaijan. I hope to go to other declaration—40,000 metric tons or projects were stalled, and no new con- countries that I think might develop

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8643 during those trips. It has been my ex- FELLER, MCCAIN, BENNETT, LAUTEN- related infrastructure materials. These perience that while in Russia, Russians BERG, MURRAY, and SCHUMER have all programs helped to eliminate large came to me and asked would I like to asked to be added as cosponsors. I Cold War stockpiles and dangerous visit Sevmash, Sevmash being where thank each of these Senators for their weapons that were no longer needed. the Typhoon submarines are. No Amer- cosponsorship. Today, this program is an important ican has been invited to Sevmash. I ask unanimous consent to have element in the continuance of our There have been no invitations to any- printed in the RECORD a letter from strategy to keep weapons of mass de- one to destroy six Typhoon sub- Secretary Rice, and this follows direct struction and the know-how from fall- marines. I said: Of course, I would like questioning of the Secretary during her ing into hands antithetical to the in- to go to Sevmash. And I did go to confirmation about her support of this terests of those who are trying to fight Sevmash. Russians took pictures of very objective we are talking about terrorism and preserve freedom. submarines, including one of me stand- today. And she does support what I When Congress first authorized the ing in front of a large Typhoon, and in want to do. Cooperative Threat Reduction Pro- due course they sent the pictures to There being no objection, the mate- gram, an important element of the au- me. I must say, this was the best view rial was ordered to be printed in the thorizing legislation was the inclusion that our authorities had had of a Ty- RECORD, as follows: of certain conditions that must be met phoon in some time. THE SECRETARY OF STATE, before a country could receive CTR as- Now, the fact is, it is cooperative Washington, June 3, 2005. sistance from the United States. threat reduction. There was no par- Hon. RICHARD G. LUGAR, I was a key author of the Cooperative ticular reason for the Typhoons to Committee on Foreign Relations, U.S. Senate. Threat Reduction Act of 1993, which re- come into play at that particular mo- MR. CHAIRMAN: I am writing in response to authorized the original Nunn-Lugar ment, nor for other submarine pro- your March 28 letter urging support for legis- program. I was a strong advocate of in- lation that would repeal the Cooperative grams on other occasions. But the na- Threat Reduction (CTR) certification re- cluding the requirement that, for each ture of the dialog, in fact, if there is quirements. recipient nation of CTR funds, the engagement, has been to bring about During my confirmation hearings, I stated President certify that the recipient na- revelations and finally additional co- that flexibility in administering these ex- tion is committed to: operation. tremely important programs would be most making substantial investment of its I make that point because the gist of welcome, and that the Administration sup- resources for dismantling or destroying all these controls is a supposition that ports legislation to remove the certification its WMD; the Russians will be uncooperative, requirements for provision of CTR assist- foregoing any military moderniza- that they will hide what they have, and ance. The Administration believes that these tion program that exceeds legitimate programs are extremely important to U.S. defense requirements and foregoing the in some cases they have. On another national security and to building a coopera- occasion, I tried to get into a bio- tive security relationship with Russia and replacement of destroyed WMD; weapons situation and was denied that the other states in Eurasia. foregoing any use in new nuclear access. They told us the Air Force As a former student of the Soviet Union weapons of fissionable or other compo- plane could take off, but it would not and of the Soviet military, I can think of nents of destroyed nuclear weapons; be able to land. In due course they nothing more important than proceeding facilitating U.S. verification of any changed their minds but not totally, with the safe dismantlement of the Soviet weapons destruction carried out and I took this up with the Defense arsenal, securing nuclear weapons facilities, through the CTR program; Minister in Moscow. He admitted bu- and destroying their chemical weapons. We complying with all relevant arms will continue to press the Russians to pro- control agreements; and reaucracy in Russia sometimes creates vide greater accountability for their chem- problems for him and for Russians who observing internationally recognized ical weapons and for increased transparency human rights, including the protection want to be cooperative. of their biological weapons program. I mention these situations The Administration is also willing to con- of minorities. anecdotally because as far as I am con- sider other alternatives to achieve flexibility I believe these conditions remain as cerned there is a hands-on operation. in administering these programs. One pos- relevant and important today as they This is something personal. I have been sible alternative is included in the April 7, were in 1993. They provide the Congress there, I have seen, I have worked, and 2005, Defense Department transmittal to and the public relevant information this is why, perhaps, I become so infu- Congress of its national defense authoriza- about the countries that are to receive tion bill and would renew permanently the riated with people who are determined, taxpayer-funded assistance for elimi- authority under which existing certification nating and safeguarding weapons of bureaucratically, to block it, year after requirements may be waived. year to delay it, until finally out of ex- I greatly appreciate the leadership you mass destruction. The conditions help asperation, we have adopted waivers so have shown on these important issues and provide us confidence that U.S. tax dol- that somehow we can get on with our look forward to working with you on these lars will be well spent in countries that own national security. programs. are committed to right-sizing their But this is the debate today. Those Sincerely, militaries, complying with arms con- who want to get rid of the bureaucracy CONDOLEEZZA RICE. trol agreements, providing trans- and the stipulations will vote in favor Mr. LUGAR. Finally, I will submit parency regarding how CTR assistance of the Lugar amendment, and those additional letters that have come from is used, and respecting human rights. who want to keep all of this can vote other officials of our Government, from These certification requirements do against it, and we will have an up-or- the National Security Council and the not impede the provision of CTR assist- down vote because this is a critical na- Department of Defense. ance. For several years now, Congress tional security objective. I cannot put Mr. President, I yield the floor and has provided the President with waiver it more directly or more simply. reserve the remainder of my time. authority so that even if one or more The delays have given on occasion, if The PRESIDING OFFICER (Mr. of the certifications cannot be made there were those in Russia who wished CORNYN). The Senator from Virginia. for a particular country, the President to hide whatever they have, an oppor- Mr. WARNER. I wish to commend my may provide CTR assistance to that tunity simply to blame the United very dear and longtime friend, Senator country if he certifies it is in the na- States for slow program implementa- LUGAR—as I said, I was here when this tional interest to do so. tion as we took the spotlight off of fail- program was initiated—and our es- The current waiver authority will ex- ure on the other side with our friends teemed former colleague, Sam Nunn, pire in September 2005. That is why in in Russia. Therefore, Mr. President, I for their vision and work in this very this bill we have included a provision am hopeful that this amendment will valuable program. that would make permanent the Presi- have very strong support. I am grateful Through the Cooperative Threat Re- dent’s authority to waive, on an annual for Senators who have, in fact, cospon- duction Program the United States basis, the conditions on provision of sored the amendment as well as the has, since 1991, been providing assist- CTR assistance when he judges it is in original bill. ance to states of the former Soviet the national security interest to do so. I would conclude by indicating that Union to help them eliminate and safe- This provision for permanent waiver during my talk today, Senators ROCKE- guard weapons of mass destruction and authority for the CTR programs that is

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8644 CONGRESSIONAL RECORD — SENATE July 21, 2005 in our bill is what was submitted in the ments for the CTR program. We all tries and personally participated in President’s budget request to Congress. share the goal of supporting programs what he calls the hands-on implemen- Only subsequently, on June 3, 2005, Sec- like CTR that can help keep dangerous tation of the program, and in his case retary Rice wrote to Senator LUGAR WMD, and technology and know how, it has literally been hands on. So not stating that the Administration sup- from slipping out of the countries of only has he helped to sponsor the legis- ports legislation to remove the certifi- the former Soviet Union. I continue to lation, seen to it it is implemented cation requirements for provision of believe that the certification require- every year, expressed frustration when CTR assistance. Her letter went on to ments are useful in helping to main- delays have occurred—I have heard him state that the administration is also tain public confidence in the CTR pro- do that—but he has also gone to these willing to consider alternatives includ- gram. countries and helped to see to it that it ing the OMB-cleared legislative request I say to my good friend, when we ini- is carried out in the proper way. from the Department of Defense for a tiated these criteria, it was done be- It is therefore understandable when provision to renew permanently the au- cause the American public never fully he expresses frustration at the fact thority under which existing certifi- quite understood how we could require that in the past the bureaucracy of the cation requirements may be waived. So their tax dollars, which were so badly United States—and I am sure there are the administration does not oppose the needed for schools and medical needs other reasons for this, too—has re- existing congressionally-mandated cer- and innumerable requirements in this sulted in delays in making available tification requirements, so long as country, be given to countries which funding for the program to be carried out in an expeditious way. We have all there remains a waiver provision. ostensibly, if they wanted to squeeze seen that in different kinds of pro- Senator LUGAR’s amendment would their own budgets, might well obtain grams, but it must be especially frus- also repeal the conditions Congress the funds to do it by themselves. But I trating in this particular case. think it was right for this country to placed on the provision of CTR assist- It was at least partially in response ance to Russia for chemical demili- step forward. In the history of this to that that the committee has offered tarization activities. Those conditions country beginning, really, with the a solution which is embodied in the bill were established in the FY 2000 Na- Marshall Plan, we have gone to the aid which grants a permanent waiver au- tional Defense Authorization Act. They of other nations, and we have been the thority for the President so that this required the Secretary of Defense to beneficiaries, as I stated in my opening problem of the past need no longer be a certify that Russia has: remarks, of the success to date of the problem. In other words, the conditions provided a full and accurate account- Nunn-Lugar program. But still it that have been established that Sen- ing of its chemical weapons stockpile; seems to me that we have an obligation ator WARNER referred to, conditions for demonstrated a commitment to com- on behalf of the American taxpayers making the funds available for the dis- mit $25 million annually to chemical who continue to willingly give their mantling of these weapons, can and weapons elimination; dollars to this important program to have been waived. They can be waived developed a practical plan for de- have in place certain criteria that and they have been waived. There is stroying its stockpile of nerve agents; must be met in order for those dollars that authority in the law. But we go a agreed to destroy or convert two ex- to leave our shores and go abroad. step further in this bill by granting isting chemical weapons production fa- Now, this year, in consultation with that permanent waiver authority for cilities; and Senator LUGAR and the Department of the President so that he doesn’t have demonstrated a commitment from State, we put in this bill the perma- to rely anymore upon this slow-work- the international community to fund nent waiver authority for the Presi- ing bureaucracy to get the reports pre- and build infrastructure needed to sup- dent. And that was important. I think pared, to answer the questions of port and operate the chemical weapons that cuts down on some of the adminis- whether the Russians have been co- destruction facility in Russia. trative problems and the time delays. operating fully, and all the other re- For several years the Congress de- But the fundamental and compelling quirements which I will allude to in a cided not to support the provision of reason to have these criteria remain is minute. That is no longer a require- CTR assistance for chemical weapons for this institution, the Congress of the ment. destruction in Russia. It was precisely United States, together with the execu- To some extent, I say with all due re- the inclusion of these conditions in the tive branch, to monitor expenditure of spect, this amendment is a solution in authorizing language that persuaded these funds and to have that leverage search of a problem. Whatever problem the Congress to resume U.S. CTR as- to get reciprocal actions and assur- existed in the past, it should not exist sistance for this important endeavor. ances from those countries to which in the future. In fact, the letter re- These conditions relevant to the chem- our taxpayers’ dollars go. ferred to from Secretary Rice notes ical weapons destruction program in Mr. President, at this time I yield that one alternative to the solution, Russia also have a waiver provision, so the floor. and the problem that was discussed by that the assistance can continue in the The PRESIDING OFFICER. Who Senator LUGAR, is included in the April absence of certification if the Presi- yields time? 7, 2005 defense transportation trans- dent deems it in the national interest. Mr. WARNER. Mr. President, the mittal to Congress of the National De- I feel strongly that the eligibility re- time I put under the control of the fense authorization bill and would quirements and conditions for CTR as- Senator from Arizona, Mr. KYL. renew permanently the authority sistance are entirely appropriate and The PRESIDING OFFICER. The Sen- under which existing certification re- should not be repealed. They remain an ator from Arizona. quirements may be waived. That is pre- important element in assuring the Mr. KYL. Mr. President, it is with re- cisely what was included in the bill. I American taxpayer that CTR dollars luctance that I urge that Senator suspect all Members support that. are being expended wisely and that the LUGAR’s amendment be defeated. I say The question is, Why do we need to underlying aims of the CTR program with reluctance because the spirit with go the step further and remove what are in fact being embraced by the re- which he offers this amendment is in have been very important conditions to cipient countries. This is essential to keeping with his original concept, the granting of this money? There are maintaining strong public support for along with Senator Nunn, for providing two reasons for these conditions, but CTR. assistance from the United States to before I discuss them, let me state The waiver authority ensures that countries with weapons we want to see what they are so everyone knows what even in cases where a country does not eliminated, dismantled; primarily at we are talking about. The first set of meet all the eligibility requirements, that time the Soviet Union, now Rus- these were actually instituted at least the President has the authority to pro- sia. Through the program which was partially as a result of Senator WAR- vide CTR assistance if it is in the na- adopted which bears his name, Senator NER’s work in the authorizing legisla- tional security interest to do so. LUGAR has helped not only to ensure tion to make sure that the American I urge my colleagues not to support the continued support for the program, taxpayers knew that the money we Senator LUGAR’s amendment to repeal but on a personal basis I am aware he would be spending on this dismantle- the conditions and eligibility require- has traveled frequently to these coun- ment would, in fact, be spent wisely. It

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But specifically, care about what they are doing; that, country and providing taxpayer dollars we added requirements for the CTR as- for example, we would not want to use to dismantle weapons, we want to sistance to the elimination of the our money to dismantle one of their make sure they comply with the agree- chemical weapons, and this program weapons if they are going to turn right ments they have signed on arms con- added conditions, and I will note for around and use their money and build trol. the record what those conditions are; it a replacement. No one would want that Finally, observing internationally added these conditions so that we could to occur. That would not make any recognized human rights, including the actually begin providing assistance to sense. That is one of the conditions, protection of minorities. This is not di- add to the nuclear assistance the elimi- and it lets the Russians and others rectly related to the subject of the nation or destruction of the chemical know that if they expect U.S. taxpayer CTR, but it is something we have all weapons so that program could go for- assistance, they have to do their part agreed is an important goal that the ward in Russia as well. as well. That is only reasonable. United States has and a way for us to The eligibility requirements, the Here are the conditions: that the remind these countries that they need conditions for CTR assistance, cer- President certify that the recipient na- to be paying attention to this kind of tainly no one would argue are inappro- tion is committed to making substan- issue as well as the dismantlement priate or should be repealed. It simply tial investment of its resources for dis- issue. is a question of whether they have been mantling or destroying WMD. It should These conditions are useful to con- administered in a way that has facili- not be a one-way street. It should not tinue to apply pressure to a country tated the implementation of the stat- be just the obligation of the United such as Russia to do the right thing, to ute. States to help other countries dis- provide assurance to the American tax- From my point, I think they do re- mantle their weapons. payer that our money is being spent main an important element in assuring Second, forgoing any military mod- appropriately, and also to provide Con- the American taxpayer that our dollars ernization program that exceeds legiti- gress with the kind of information we are being expended wisely here as well. mate defense requirements and for- need to ensure our continued support They are also important to maintain going a replacement of destroyed for the program. And they do, in fact, strong public support for the program. WMD. That is what I referred to before. provide us that confidence. Again, I said that it is with reluc- We would not want to be using tax- There has always been a waiver au- tance I oppose the amendment because payer dollars to help Russia, for exam- thority, and the President has exer- of all the work Senator LUGAR has ple, dismantle an aged weapons system, cised that waiver authority because, as done. No one is more keen to ensure for example, only to see it use its Senator LUGAR noted in the past, there that this program can work in the fu- money to replace that system with one have been delays in getting the certifi- ture than Senator LUGAR. However, I that is even more robust and more cations—that the Russians have met also think we would probably all have threatening. That, obviously, is simply these requirements, for example— to agree that the conditions them- aiding the Russians in modernizing delays which have created problems in selves are totally appropriate condi- their forces. Obviously, that is not getting the resources to the country in tions; that with the exception of what this program is about. time to do the dismantlement that was human rights, they all pertain to the Three, forgoing any use of nuclear planned. So the President exercised effectuation of the program itself; that weapons of fissionable or other compo- that waiver authority. they do serve the purpose of ensuring nents of destroyed nuclear weapons. The current problem is that the that countries such as Russia under- This is a key component in what Sen- waiver authority will expire in Sep- stand they have some obligations, and ator LUGAR intended, and I am sure he tember of this year. That is one of the also providing information to Congress agrees with this concept that we do not reasons we need to get this bill passed, that permit us from year to year to want them taking fissionable material so the waiver authority that is granted continue to support the program. It is out of the weapons we are destroying in the bill—now permanent authority not the conditions themselves that are and putting them into a new weapon. that does not expire—will be the Presi- the problem; it has been the implemen- That defeats the entire purpose of the dent’s to exercise in the future. That tation of the program. And in the past, destruction program. will largely obviate the problem that apparently, this has been a problem. Four, facilitating U.S. verification of has been discussed. The waiver authority has solved any weapons destruction carried out in The problem is not the conditions. these problems but on a temporary the CTR Program. Obviously, if we are The conditions are perfectly appro- basis. From now on, the President will spending our money on dismantling priate. Every Member would agree that have permanent waiver authority if we these weapons, we have a right to at there is nothing wrong with the goals pass this bill. I believe that should be a least do some checking to see whether of these conditions. The problem is in solution to the problem that would be it was done. When we set out to do the the implementation of the statute. agreeable to all. job, did it in fact get accomplished? That has apparently taken longer than Now, there may be some who want to I know from stories I have heard or it should have in certain cases. It has go further and eliminate these condi- reports I have read that the Russians— resulted in people being able to delay tions as well. I don’t think that is nec- the Soviets before them—had an en- the program and perhaps not inten- essary to make it work, and I do think tirely different concept of how this tionally but at least unintentionally there would be a downside for the rea- might work. They have whole cities de- delaying the program because the con- sons I have articulated. voted to their weapons complex. One of ditions have to be certified. That is That is why I oppose the amendment, their ideas was that U.S. money should why the waiver has had to be used in and I hope that the committee’s mark, be used to provide assistance to the order to get around the problem. the bill we have before us, will be sus- people in those cities who were disman- As I said, when Secretary Rice re- tained when there is a vote on this tling their primary means of making a sponded to Senator LUGAR’s letter, she amendment. living; we should provide them other noted that one of the alternative solu- The PRESIDING OFFICER. The Sen- ways of making a living and relieve the tions to the one proposed by Senator ator from Indiana. suffering they might occasion as a re- LUGAR was this permanent waiver au- Mr. LUGAR. Mr. President, let me sult of not having a job building these thority, which is what we have in- respond directly. I do oppose the condi- weapons anymore. That represented cluded in this bill. tions. The purpose of my amendment is the difference of opinion about how our There is also a second very important to eliminate the conditions. The reason taxpayer dollars should be used and aspect of this. We were having a hard I want to eliminate the conditions, and how the Russians saw it at the time. time in using the CTR assistance for the Senator from Arizona has simply

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Do the $415 million that is in this bill is What if we decide they have not? Is we just stop the music and say, You are appropriated, ultimately—and I hope it this, then, the reason we stop destroy- not making a reasonable allocation? will be—we want to be able to spend ing Russian warheads, missiles, sub- The old argument used to be called that from October 1 onward. As has marines? Just stop cold because we say fungibility, the thought that somehow been pointed out, the waiver authority, the Russians, in our judgment—and if U.S. taxpayer money got into Russia even as it is, dies September 30. What there is usually a debate among those and we worked to destroy nuclear war- happens if for some reason there is a in the Pentagon about this—have not heads, take them off the missile and so conference hassle on the Department of got it quite right? forth, the Russians would not have to Defense appropriations bill apart from Even more, No. 6, observing inter- spend money doing that and therefore the authorization bill? Certainly that nationally recognized human rights, they would spend it on something else happens in the body, and with the including the protection of minorities, of a nefarious nature. I am not sure other body, from time to time. And I am not certain that almost any Sen- that many persons in the Russian mili- when it has happened before, the music ate or administration official has ever tary ever were excited about taking stopped. We did it to ourselves. We can- come to a conclusion that the Russians the warheads off of the missiles, about not afford to continue doing that. have been observing all internationally destroying the missiles, about destroy- Mr. President, I yield time to my dis- recognized human rights for 14 years. ing all the submarines, destroying the tinguished colleague, the ranking Yet someone is still arguing we ought transcontinental bombers. I don’t member of the Armed Services Com- to leave that on the statute books as a think there was a wave of enthusiasm, mittee, Senator LEVIN. reason the bureaucrats in our country people in the streets demanding that The PRESIDING OFFICER (Mr. WAR- ponder about the human rights condi- their government do these things. NER). The Senator from Michigan. The fact is that cooperative threat Mr. LEVIN. Mr. President, first, I tions in Russia for as many weeks and reduction, as the Russian generals told thank the Senator from Indiana for his so forth until the President says: We Sam Nunn, is something that is our intrepid, persistent, and determined, have had enough, I waive it, let’s get problem, but it is your problem be- bulldogged leadership to try to address on. To suggest that it is extreme to leave cause you folks in the United States the greatest threat this country faces these situations on the books, it seems have the contractors, you have the which is the presence of a weapon of money, you have the organization. mass destruction in the hands of a ter- to me, is not at all logical given our These are not funds donated in a rorist or terrorist state. We are told own activity and the fact that we are United Way project to Russia. They are over and over again—one commission fighting a war on terror. This is not funds largely spent with American con- after another tells us—the greatest simply a grant of inconsequential ef- tractors, American experts, American threat this Nation faces would be a fort with regard to our security, it is people who take their time and at some chemical, biological, or nuclear weapon the whole ball game. Or condition No. 4, facilitating U.S. risk to themselves have gone to Russia, in the hands of a terrorist or terrorist verification of weapons destruction and now to other places, to dismantle state—‘‘loose nukes,’’ as they are dangerous weapons and try to corral sometimes called. carried out under the program. As a dangerous material in the benefit of all Yet, in the wonderful program we rule, we have had pretty good fortune of us. have called Nunn-Lugar, we have im- with the CTR people following through Because in another forum we would pediments to the prompt spending of precisely what has occurred but not in be having the speech: What happens if our money in order to secure or de- all instances. If you go to Russia and al-Qaida gets their hands on even a few stroy the weapons that threaten us. you visit with our people on the pounds of fissionable material? What Why, in Heaven’s name, we would put ground, they will give you instances would have happened if even a small any impediment in the way of address- immediately in which they are having weapon had been on a plane that went ing the greatest threat that faces this trouble with Russian friends who do into the World Trade Center? Then we country absolutely mystifies me. not want to let them see what has oc- have briefings from experts that show We have six conditions that have to curred. Then we all argue, as military concentric circles of death and destruc- be certified to annually by the Presi- and civilians, with our Russian friends tion, of hundreds of thousands of Amer- dent before this money can be spent to that we really do need to see these sit- icans losing their lives. That is the protect our Nation. Let me take one of uations. We are on the ground and we issue. them. One of the conditions that has to have tried to work it out. But back Anyone who is delaying this has to be addressed and met in a report is the here, to make an evaluation that we give some better reason for it than at President certify annually that each have not seen all of it and therefore we some point a Member of the House or country is meeting the following condi- stop the music makes no sense at all at Senate thought it might be a good idea tion—one of the six—that the country this point in history. to ask the Russians what they are is foregoing any military moderniza- On the conditions on the chemical doing. Of course, that is a good idea. tion program that exceeds the legiti- business, they were not at all helpful, Those of us who have been visiting mate defense requirements of that to say the least. It is an ongoing proc- with the Russians ask it all the time country. ess of getting something done still, try- and, as a matter of fact, have a very Now, why, in Heaven’s name, we ing to get the international commu- tough-minded attitude, which they ap- want to have some agency’s employee nity’s money into it, trying to get the preciate because they have the same spending time looking at whether Russians over the threshold as the feeling for us. Kazakhstan or Uzbekistan or, yes, Rus- Duma. This is hard work but back here But I am saying we have come to a sia, in their entire military budget is not so hard to say we want to evaluate, time in which we have to understand it spending any money on any weapons Are the Russians making a substantial is not useful to require that before system that, in our judgment, they do investment? Well, what is substantial? Nunn-Lugar funds are spent each year not need—and if we cannot certify Sometimes people have put a figure on there be a symposium on how human that, we cannot protect ourselves it—$25 million, I mentioned in my rights are going in Russia and, there- against destroying the weapon of mass speech. That was another stipulation. fore, at the end of the day the Presi- destruction that exists in Kazakhstan An allocation of $25 million, someone dent waives it and says: OK, not so or Uzbekistan—why would we want to came up with here. I am not sure how good, but, after all, American security tie our hands that way in order to ad- we know; we are not able to audit the is still what I am after as Commander dress the greatest threat that faces us? books. in Chief. It is absolutely mysterious to me.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8647 The great Senator from Indiana—I do pile because we cannot get the chairman of our committee, and but not know if he went through each one verification agreed to, again, because for the support many of us on the of these conditions. I know he went we will not provide access to our own Armed Services Committee have to ad- through some of them. And I am not facility. That stops us from defending dress this absolutely most dangerous even sure how we could certify that our people against chemical weapons. threat this Nation faces. Russia has forgone every single mili- What is the goal here? Reports or se- I commend the Senator from Indiana, tary modernization program that ex- curity? If we can get our hands on and I am proud to be a cosponsor of his ceeds their legitimate defense needs. chemical weapons or biological weap- amendment. How could anyone certify that? Go ons or nuclear material or missiles and I yield the floor. through the entire Russian defense destroy them, why wouldn’t we want to The PRESIDING OFFICER. Who budget and look at every single mod- grab that opportunity? Why would we seeks recognition? ernization program? I am not even sure want to put impediments in the way The Senator from Indiana. it is public. I am not sure ours are. I and require reports or certifications to Mr. LUGAR. Mr. President, may I in- know ours are not all public, by the be made? quire how much time is on either side way. We have classified programs. But By the way, I think it is great if the to be utilized? the way the law reads, we have to get reports can be made. I have no problem The PRESIDING OFFICER. The Sen- the Presidential certification that with it, either. Senator LUGAR men- ator from Indiana has 51⁄2 minutes re- there is no Russian modernization pro- tioned, we raise these issues all the maining. gram that exceeds their legitimate de- time. But we should not attach these Mr. LUGAR. Mr. President, let me fense needs. as conditions to our taking action take a moment to thank the distin- We have to do that with every coun- which is in our own interest. Churning guished Senator from Michigan for his try—Uzbekistan, Kazakhstan, Ukraine, away at reports when it is in our na- very strong words and, likewise, to Georgia, Azerbaijan, Albania—before tional security to eliminate weapons of echo his commendation of you, as I do we can secure or destroy weapons, ma- mass destruction does not make sense at this moment in this debate. terial, weapons of mass destruction, bi- to me. We have this process requiring Very clearly, each one of us has at- ological weapons, chemical weapons, hundreds of man-hours of work by the tempted to do our best in this area. I nuclear material that threatens us? We State Department, the intelligence am proud to have pictures of all of us have to write these endless reports, community, the Pentagon, as well as in my office, standing in front of mis- trying to certify that those conditions other departments and agencies. That siles and explosives and all the ele- are met? time could be better spent tackling the ments that have marked 14 remarkable We are cutting off our nose to spite proliferation threats that face our years. our face. What we are doing here is, in- country. This entire program is counterintui- stead of trying to secure material or We should be spending all of our en- tive. Those who looked at the half cen- destroy material, we end up securing ergies on interdicting WMD shipments, tury that preceded 1991, the breakup of reports, producing reports. How many all of our energies at identifying the the former Soviet Union, would say: of us have read those reports, by the next A.Q. Khan, all of our energies on Here we are, two superpowers. A num- way? I am not sure how many have locating hidden stocks of chemical and ber of estimates were wrong on all been filed because they have to be biological weapons. Instead, we have sides about the economy of Russia, waived every year if they are not writ- nonproliferation experts spending time maybe the economy of our country or ten. But how many of us would look compiling reports and assembling cer- the relative strengths we had at that through a report on every moderniza- tifications and waiver determinations. time. It was not until several years tion program—if we could figure it By the way, the majority of those re- later that we knew there were 13,300 out—that Kazakhstan has before we de- ports is repetitive. They have already warheads on those missiles. We had es- stroy material that threatens us that filed reports in other formats. Yet we timates of that, but we now know that. might exist in that country? continue to require that. We know exactly how many have been Now, these impediments to pro- The President does not have to spend taken off and how many are still to be tecting our people against the greatest any of this money. If the Executive de- taken off, and how many missiles re- threat we face actually make no sense cides they have questions and they are main as vehicles, and how many sub- anymore. We ought to get rid of them not going to spend money, for whatever marines remain. This is remarkable. instead of requiring an annual certifi- legitimate reason, fine. But we should This is a degree of cooperation that is cation, involving people writing these not add to their burdens. And we very substantial. certifications, writing these reports should not jeopardize the security of There are some elements that we rather than effectively spending our re- this Nation by putting barriers in the still do not know. I would claim that sources in order to protect the Amer- way of taking action to secure or de- our Russian friends have been in denial ican people. stroy the most threatening material on a good number of the biological pro- We say we have to be able to certify we face—chemical, biological, or nu- grams, while they would say they were that Russia has accurately declared clear material. not weapons programs. They were the size of its chemical weapons stock- I very strongly support the efforts of something else dealing with livestock pile. We cannot certify that, verify it, our good friend from Indiana, who has or other elements. We have had dif- because there is a great dispute over been such a leader here. When Sam ferences, and I would say there are still verification between ourselves and Nunn was here, it was Nunn-Lugar. No four situations in Russia in which none Russia. They want to come in to cer- one could take Sam Nunn’s place. Sen- of us have had access. Therefore, those tain places we do not want them to ator LUGAR, with the support of many who argue that there is no good reason come in, so they cannot verify certain of us, including, may I say, our chair- to raise questions of the Russians things, because we are not giving them man, the Presiding Officer—who has argue well. But my logic at the end of access. We are not perfectly trans- supported the amount of money for the day, even if the Russians have not parent in terms of our own chemical Nunn-Lugar—without the support of been forthcoming on these four biologi- production facility, for legitimate rea- the chairman of the committee, who is cal situations on which I have sought sons. But there is a dispute on trans- now presiding over the Senate, we access, physically asked to go and may parency between us and Russia. would not be able to get that amount some day be admitted, if for some rea- So that dispute, which is a legitimate of money we have in this authoriza- son they may find it useful to admit dispute, which has not been resolved tion. By the way, we are going to try to me, that is not a good reason to delay yet—despite, let’s assume, good-faith increase that somewhat during the de- for one week or one month or any time efforts on both sides—the presence of bate on this bill. the movement of the moneys, the pro- that dispute means we cannot or the But that amount of money, which is grams, the contractors, the American President cannot make a certification requested, I believe, by the administra- spirit that is working with a number of that Russia has accurately declared tion, would not be there but for the Russians in this window of history that the size of a chemical weapons stock- Senator from Indiana, but for the was miraculously opened.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8648 CONGRESSIONAL RECORD — SENATE July 21, 2005 I hope it will be open for a long time. GUN INDUSTRY IMMUNITY Mr. CORNYN. Mr. President, with I hope the cooperation with Russia will Mr. REED. Mr. President, let me some reluctance, I rise to oppose the continue so that we do have, together, thank Senator LUGAR for his commend- amendment of the distinguished occu- access, and so do other partners in the able amendment and thank Senator pant of the chair, the senior Senator G8, in the so-called ‘‘10 plus 10 over 10’’ CORNYN for allowing me to proceed. I from Indiana. But I feel a certain obli- program. It is because we will need would like to speak to the possible pro- gation, as the chairman of the Emerg- more time. We need to make certain cedural posture we will be in next ing Threats and Capabilities Sub- that we do not make mistakes, cer- week. committee, out of which this par- tainly the ones we can avoid. I am sug- We are now on the Defense authoriza- ticular portion of the bill emanated, to gesting today that we can avoid mis- tion bill, which is critical to providing explain the reasons why the bill con- takes—and by eliminating these condi- resources to our service men and tains these conditions that I believe tions, we will at least remove one of women who are engaged today, as we are important and which I will explain them—and that we have then an oppor- speak, in a global war on terror. But and which have existed in the bill as it tunity to continue to be forthcoming tomorrow the majority leader intends has been passed by the Congress since with the Russians in asking them to to file a cloture petition on the motion its inception. work with us in their own interest. to proceed to the gun industry immu- The question that I would pose is, Finally, when I was in vaults in nity bill. That means on Tuesday what has changed? What has changed which there are nuclear warheads lying morning we will have a cloture vote, that now would lead this body to elimi- almost akin to bodies in a morgue, I and the vote will present a stark choice nate these important criteria that have noted little tablets at the top of these for all Senators. We can stay on the existed in the bill for lo these many which had Russian inscriptions. I Defense bill and finish our work on be- years? I think it is important, as a gen- asked: What is on those? They said: half of our soldiers, sailors, air men eral matter, that there be some sort of This tells when the weapon was built. and women, or we can leave the De- reciprocal obligation on the part of It gives a service record. These weap- fense bill for an undetermined period of Russia for receiving more than $400 ons are not inert sporting guns’ ammu- time and move to a special interest bill million in American taxpayer money, nition sitting on a shelf. They require to give legal immunity to the gun in- potentially. I know there has been dis- servicing. There is a chemical mixture dustry. cretion added to make sure that WMD If the Senate invokes cloture on the going on there that, without proper located in other countries can now be motion to proceed to the gun industry care, can lead to dire results. We don’t addressed by this Cooperative Threat bill next Tuesday, we will be on that know, nor do the Russians, what the Reduction Program. That is a good motion for the next 30 hours. On results are. thing. But certainly, while I appreciate Wednesday, when that time runs out, Therefore, down on the tab there is the argument that regardless of wheth- the majority leader would then file an- an estimate of the efficacy of the weap- er or not Russia complies with the con- other cloture petition on the bill itself. on; that is, how long the warhead prob- ditions that are required to be mon- The Senate would then spend the next ably would work if it were taken out of itored under this Cooperative Threat 2 days on the immunity bill, and we the vault and put back on a missile. Reduction Program, I still do not be- would have another cloture vote Fri- lieve that it is the best stewardship of Then you have even a stranger esti- day. If the Senate invoked cloture on the American taxpayers’ moneys for us mate, and that is when it might be- the bill next Friday, we could face an- to say: We don’t care whether Russia come dangerous; that is an event, a nu- other 30 hours on the gun immunity complies with their reciprocal obliga- clear event in Russia with dastardly re- bill, pushing final passage until at tions or not, and we are going to give sults for Russians. least next Saturday and potentially de- the money away anyway, albeit for a This is one reason why this is not to- laying passage of the Defense author- good purpose. tally counterintuitive. If you still have ization bill until after the August re- On balance, I am not persuaded that thousands of these weapons in warhead cess. the burden to change the system, as it form, you want to make certain you We face a situation where the major- have a partner who has some money ity is asking Senators to delay consid- has been since 1991, has been met, and and some expertise, and you try to eration of a bill to support our troops, I believe that we should retain some make sure you use that money on the possibly for up to a month, so that we way to monitor the progress of Russia, oldest ones first before you work out can take up a bill to give a special in- the recipient of these funds, on these what is going to happen historically, terest gift to the gun industry. important criteria that have been set something none of us have thus far had Senator FRIST said this morning that out in the bill. the horror to find out. lawsuits against gun manufacturers Of course, the Cooperative Threat This is serious business. We all take like Beretta are the reason to take up Reduction Program has long been pro- it that way. I appreciate the spirit of this measure because they provide viding assistance to states of the the debate. small arms to the U.S. Army and the former Soviet Union to help eliminate I yield the floor. Department of Defense. First, Beretta and safeguard weapons of mass destruc- The PRESIDING OFFICER. Who is a privately held corporation owned tion and related infrastructure mate- seeks recognition? by an Italian parent. There is no obli- rials. These programs helped to elimi- Mr. LEVIN. Mr. President, I think gation for them to disclose their fi- nate large Cold War stockpiles of dan- Senator LUGAR controls all of the time nances. But their competitors, Sturm gerous weapons that are no longer on his side. I wonder if he might yield Ruger and Smith & Wesson, continue needed. Today, of course, this is an im- 4 minutes to the Senator from Rhode to assure their shareholders in SEC fil- portant element of our strategy to Island. I don’t know how long the Sen- ings that this litigation is not having keep weapons of mass destruction and ator from Texas was going to speak. an adverse material effect on their fi- know-how from falling into the hands The PRESIDING OFFICER. The time nancial position. So I don’t know how of terrorists. That is the reason why I in opposition is under the control of much credence we can give to that. applaud the senior Senator from Indi- the Senator from Arizona. But in his I believe we should stay on this bill, ana for his leadership in this important absence, the Senator from Texas is in finish our obligation to our service effort. control of the time and has the author- men and women, and then at some When Congress first authorized the ity to grant the time. other time, take up this bill because Cooperative Threat Reduction Pro- Mr. CORNYN. Mr. President, I have such a bill about immunity requires ex- gram, an important element of the au- no objection to the Senator from tensive debate. That is a requirement thorizing legislation was the inclusion Rhode Island addressing the Senate. that many Senators will not forgo. of the conditions which now this Mr. LEVIN. This would be on Senator I urge the majority leader to recon- amendment seeks to eliminate. These LUGAR’s time. sider his proposal. I thank the Senator conditions must be met before a coun- The PRESIDING OFFICER. The from Texas and yield the floor. try can receive Cooperative Threat Re- Chair understands the allocation of the The PRESIDING OFFICER (Mr. duction assistance from the United time. LUGAR). The Senator from Texas. States. These conditions were retained

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8649 in the Cooperative Threat Reduction simply blind ourselves to the recipient complishment of the chemical demili- Act of 1993 which reauthorized the nation’s compliance with these criteria tarization program because they may original Nunn-Lugar program. That act in the interest of pursuing our ulti- be likewise waived in the end if the included the requirement that for each mate goal. President deems that waiver in our na- recipient nation of Cooperative Threat The truth is, we all agree in the ulti- tional interest. But no one, it seems to Reduction funds, the President certify mate goal of this important program. me, could in good faith argue that that the recipient nation is committed But this provides us additional checks these criteria are unimportant or irrel- to the following goals: and balances and information that is evant. One, to making substantial invest- relevant, significant, and which I think Indeed, each of these criteria dem- ment of its resources for dismantling demonstrates that we are being good onstrate the reciprocal good faith and or destroying its weapons of mass de- stewards of the American taxpayer dol- responsibility of the recipient nations struction; two, forgoing any military lar while we pursue a safer and more in accomplishing chemical demili- modernization program that exceeds secure world. tarization, a goal that is the subject of legitimate defense requirements and These certification requirements do an international treaty that this coun- forgoing the replacement of destroyed not impede the provision of coopera- try is a party to and one that is cer- weapons of mass destruction; three, tive threat reduction assistance. For tainly in our national interest to see forgoing any use in new nuclear weap- years now, the Congress provided the accomplished. ons of fissionable or other components President with waiver authority, so For several years, Congress decided of destroyed nuclear weapons; facili- that even if one or more of the certifi- not to support the provision of cooper- tating U.S. verification of any weapons cations cannot be made for a particular ative threat reduction assistance for destruction carried out under the Coop- country, the President may provide chemical weapons destruction in Rus- erative Threat Reduction Program; these funds if it is in our national in- sia. It was precisely the inclusion of complying with all relevant arms con- terest to do so, and that is appropriate. these conditions in the authorizing lan- trol agreements; and observing inter- One of the things this bill does is to guage that persuaded Congress to re- nationally recognized human rights, make that temporary waiver authority sume assistance under the chemical including the protection of minorities. that had been conferred upon the Presi- threat—the Cooperative Threat Reduc- I would certainly agree with the dis- dent permanent, to provide the kinds tion Program for this important effort tinguished senior Senator from Indiana of flexibility that Secretary Rice said of chemical demilitarization. that some of these are vague standards. the President and the administration These conditions relevant to the For example, as he pointed out, com- wanted when it came to this program chemical weapons destruction program plying with all relevant arms control in her letter of June 3, 2005, which has in Russia also have a waiver provision, agreements or observing internation- been previously referenced. so that the assistance, as I mentioned ally recognized human rights, includ- This provision for permanent waiver a moment ago, can continue in the ab- ing the protection of minorities. But authority for cooperative threat reduc- sence of certification if, in the end, the the fact that they are somewhat gen- tion programs in the bill provides the President deems it in the national in- eral—some might say somewhat flexibility needed. It also provides us terest. The eligibility requirements vague—does not mean that they are the way to deal in a responsible fashion and conditions for assistance are en- unimportant. One of the important with the countries that compose the tirely appropriate. roles played by these criteria is that former Soviet Union. I remember, of Mr. President, I believe the burden of there be some effort on the part of the course, the famous words of President proof on those who would repeal it has Government to ascertain whether, in Reagan when talking about negoti- not been met. They remain an impor- fact, the old Soviet Union is, in fact, ating with the Soviet Union, where he tant element in assuring that the exercising good faith as part of the Co- said, ‘‘trust, but verify.’’ What these American taxpayer is being well served operative Threat Reduction Program. criteria do in this cooperative threat and that the money is being spent ap- If, in fact, ultimately the President de- reduction program is allow us to not propriately and wisely on the under- cides, as authorized by this bill, to ulti- just trust but also to verify that these lying aims of the Cooperative Threat mately waive the noncompliance of countries that were once the old Soviet Reduction Program that we all agree those criteria in the interest of our na- Union are worthy of our trust by allow- are a good thing. This assurance to the tional security, at least Congress and ing us to verify their good faith com- American taxpayer and to the Amer- the Nation know that some assessment pliance with this program. ican people that their money is being has been made of the old Soviet The amendment of the senior Sen- well spent is essential to maintaining Union’s compliance with these criteria. ator from Indiana would also repeal strong public support for this impor- I think we would all agree that the conditions Congress placed on the pro- tant program. information that is collected and scru- vision of financial assistance to Russia The waiver authority ensures that tinized is important in the interest of for chemical demilitarization activity. even in cases where a country doesn’t our national security and in the inter- These conditions were established in meet all eligibility requirements, the est of knowing that we have met our the fiscal year 2000 National Defense President has the flexibility to provide responsibility to see that American tax Authorization Act. They required the this assistance if it is in the national dollars are spent as wisely and effi- Secretary of Defense to certify that security interest to do so. This is all, ciently as possible. Russia has provided a full and accurate in the end, that the administration, These conditions remain as relevant accounting of its chemical weapons through Secretary Rice’s letter, has re- and as important today as they were in stockpile; demonstrated a commitment quested. So we have accomplished that 1993. They provide Congress and the of $25 million annually to chemical goal already, even before this amend- public relevant information about the weapons elimination; developed a prac- ment has been proposed. countries that have received taxpayer- tical plan for destroying its stockpile Mr. President, I urge my colleagues funded assistance for this program. The of nerve agents; agree to destroy or not to support this amendment that conditions also help provide us con- convert two existing chemical weapons would repeal the conditions and the eli- fidence that U.S. tax dollars will be production facilities; finally, a com- gibility requirements under the Coop- well spent in countries that are com- mitment from the international com- erative Threat Reduction Program. We mitted to right-sizing their militaries, munity to fund and build infrastruc- all share the goal of supporting pro- complying with arms control agree- ture needed to support and operate the grams like this that can help keep dan- ments, providing transparency with re- chemicals weapons destruction facility gerous weapons of mass destruction gard to Cooperative Threat Reduction in Russia. and technology and know-how from assistance, and respecting human Here again, these provisions would be slipping out of the countries that used rights. I do not understand how one effectively repealed by this amendment to be the old Soviet Union. could argue that these conditions are which is proposed today by the distin- I continue to believe that certifi- unimportant or irrelevant to our na- guished Senator from Indiana. They do cation requirements are useful in help- tional security or that we ought to not represent an impediment to the ac- ing to maintain public confidence in

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8650 CONGRESSIONAL RECORD — SENATE July 21, 2005 this important program, and I urge my The assistant legislative clerk read of the last action described in subparagraphs colleagues to vote against the amend- as follows: (A) through (E) of such paragraph. ‘‘(c) ADMINISTRATION.—For purposes of sec- ment. The Senator from South Dakota [Mr. tions 2912, 2913, and 2914, each date in a year Mr. President, I yield the floor and THUNE] for himself, Mr. LIEBERMAN, Ms. that is specified in such sections shall be SNOWE, Mr. LAUTENBERG, Mr. JOHNSON, Mr. suggest the absence of a quorum. deemed to be the same date in the postponed DODD, Ms. COLLINS, Mr. CORZINE, Mr. BINGA- The PRESIDING OFFICER. The closure round year, and each reference to a MAN, and Mr. DOMENICI, proposes amendment clerk will call the roll. fiscal year in such sections shall be deemed numbered 1389. The assistant legislative clerk pro- to be a reference to the fiscal year that is ceeded to call the roll. Mr. THUNE. Mr. President, I ask the number of years after the original fiscal Mr. LUGAR. Mr. President, I ask unanimous consent that the reading of year that is equal to the number of years unanimous consent that the order for the amendment be dispensed with. that the postponed closure round year is the quorum call be rescinded. The PRESIDING OFFICER. Without after 2005.’’; and The PRESIDING OFFICER. Without objection, it is so ordered. (2) in section 2904(b)(1)— objection, it is so ordered. The amendment is as follows: (A) in subparagraph (A), by striking ‘‘the date on which the President transmits such Mr. LUGAR. Mr. President, the dis- (Purpose: To postpone the 2005 round of report’’ and inserting ‘‘the date by which the defense base closure and realignment) tinguished Senator from Texas has President is required to transmit such re- yielded to me a minute of time, and I On page 371, between lines 8 and 9, insert port’’; and deeply appreciate that, so that I have the following: (B) in subparagraph (B), by striking ‘‘such an opportunity to add as cosponsors to SEC. 2887. POSTPONEMENT OF 2005 ROUND OF report is transmitted’’ and inserting ‘‘such DEFENSE BASE CLOSURE AND RE- my amendment Senators CONRAD, report is required to be transmitted’’. ALIGNMENT. BOXER, and DURBIN. The Defense Base Closure and Realignment Mr. THUNE. Mr. President, I ask Earlier, I mentioned the letters from Act of 1990 (part A of title XXIX of Public that the amendment be set aside. Secretary Rice and, likewise, one from Law 101–510; 10 U.S.C. 2687 note) is amended— The PRESIDING OFFICER. Without the 9/11 Commission, in which the Com- (1) by adding at the end the following: objection, it is so ordered. mission summarized that we believe ‘‘SEC. 2915. POSTPONEMENT OF 2005 ROUND OF Mr. THUNE. Mr. President, this that S. 313—the genesis of my amend- DEFENSE BASE CLOSURE AND RE- amendment to S. 1042 that would delay ALIGNMENT. ment—is an important step forward in implementation of the 2005 round of ‘‘(a) IN GENERAL.—Notwithstanding any protecting the United States in cata- other provision of this part, the round of de- the Defense Base Closure and Realign- strophic circumstances. fense base closure and realignment otherwise ment. This amendment does not seek Mr. President, I suggest the absence scheduled to occur under this part in 2005 by to nullify the Department of Defense of a quorum. reasons of sections 2912, 2913, and 2914 shall recommendations, nor does it seek to The PRESIDING OFFICER. The occur instead in the year following the year halt the work of the BRAC Commission clerk will call the roll. in which the last of the actions described in now well underway. Nor do I seek to The assistant legislative clerk pro- subsection (b) occurs (in this section referred block the presentation of the BRAC to as the ‘postponed closure round year’). ceeded to call the roll. Commission’s final recommendations Mr. LUGAR. Mr. President, I ask ‘‘(b) ACTIONS REQUIRED BEFORE BASE CLO- SURE ROUND.—(1) The actions referred to in to the President. To the contrary, I be- unanimous consent that the order for subsection (a) are the following actions: lieve the BRAC commission to be an the quorum call be rescinded. ‘‘(A) The complete analysis, consideration, integral and indispensable check on The PRESIDING OFFICER. Without and, where appropriate, implementation by this process and I value their analysis objection, it is so ordered. the Secretary of Defense of the recommenda- and demonstrated independence. Mr. LUGAR. Mr. President, I ask tions of the Commission on Review of Over- The amendment would essentially ex- unanimous consent that Senator SAR- seas Military Facility Structure of the tend the congressional review period United States. BANES be added as a cosponsor to the for any final recommendations ap- amendment. ‘‘(B) The return from deployment in the Iraq theater of operations of substantially proved by the President until certain The PRESIDING OFFICER. Without conditions are first met. This proposed objection, it is so ordered. all (as determined by the Secretary of De- fense) major combat units and assets of the suspension of the ‘‘45 day’’ review pe- Mr. LUGAR. I yield the floor and Armed Forces. riod would thus delay ‘‘implementa- suggest the absence of a quorum. ‘‘(C) The receipt by the Committees on tion’’ by the Department of Defense The PRESIDING OFFICER. The Armed Services of the Senate and the House until one year following the last condi- clerk will call the roll. of Representatives of the report on the quad- tion is met. These conditions center on The assistant legislative clerk pro- rennial defense review required to be sub- ceeded to call the roll. mitted in 2006 by the Secretary of Defense certain events that are anticipated to Mr. WARNER. Mr. President, I ask under section 118(d) of title 10, United States occur and which have potentially large unanimous consent that the order for Code. or unforeseen implications for our the quorum call be rescinded. ‘‘(D) The complete development and imple- military force structure. Therefore, The PRESIDING OFFICER. Without mentation by the Secretary of Defense and implementation of any final BRAC rec- the Secretary of Homeland Security of the ommendations should not occur until objection, it is so ordered. National Maritime Security Strategy. Mr. WARNER. Mr. President, I ask both the DoD and Congress have had a ‘‘(E) The complete development and imple- chance to fully study the effects such the indulgence of all Senators. We are mentation by the Secretary of Defense of the about to vote, but I ask that we give Homeland Defense and Civil Support direc- events will have on our basing require- consideration, at this point in time, to tive. ments. I will say more about those con- an amendment that will be offered by ‘‘(F) The receipt by the Committees on ditions in a moment. the Senator from South Dakota. Armed Services of the Senate and the House But first, I want to make my position I yield the floor. of Representatives of a report submitted by perfectly clear. I do not oppose the The PRESIDING OFFICER. The Sen- the Secretary of Defense that assesses mili- BRAC process. The underlying purpose ator from South Dakota is recognized. tary installation needs taking into account— of BRAC, as written by this body, is ‘‘(i) relevant factors identified through the not only good for our armed forces, it Mr. THUNE. Mr. President, is there recommendations of the Commission on Re- an amendment pending? view of Overseas Military Facility Structure is good for the American taxpayer. We The PRESIDING OFFICER. There is. of the United States; all want to eliminate waste and reduce Mr. THUNE. I ask unanimous con- ‘‘(ii) the return of the major combat units redundancy in the government. But sent that the pending amendment be and assets described in subparagraph (B); when Congress modified the Base Re- set aside. ‘‘(iii) relevant factors identified in the re- alignment and Closure law in Decem- The PRESIDING OFFICER. Without port on the 2005 quadrennial defense review; ber 2001, to make way for the 2005 objection, it is so ordered. ‘‘(iv) the National Maritime Security round of base closings, it failed to envi- Strategy; and AMENDMENT NO. 1389 sion this country involved in a pro- ‘‘(v) the Homeland Defense and Civil Sup- Mr. THUNE. Mr. President, I have an port directive. tracted war involving stretched man- amendment that I send to the desk. ‘‘(2) The report required under subpara- power resources, ever-evolving threats The PRESIDING OFFICER. The graph (F) of paragraph (1) shall be submitted and the burden of large overseas rota- clerk will report. not later than one year after the occurrence tional deployments of both troops and

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8651 equipment. I do, therefore, question tors and recommendations identified guished cosponsors. It would be my ex- the timing of this round of BRAC. by the Commission on Review of Over- pectation to reply to the Senator in The amendment identifies several seas Base Structure; the return of our brief tonight following this vote be- principal actions that must occur be- thousands of troops deployed in over- cause I think some record should be fore final implementation of the 2005 seas garrisons that will return to do- made today. The Senator made his BRAC recommendations. First, there mestic bases because of either overseas statement on the side of the pro- must be a complete analysis and con- base reduction or the end of our de- ponents, and I need time within which sideration of the recommendations of ployments in the war; and, any rel- to evaluate since I have just received the Commission on Review of Overseas evant factors identified by the QDR this document, but I will be prepared, Military Structures. The overseas base that would impact, modify, negate or following this vote, to make some commission has itself called upon the open to reconsideration any of the rec- reply, and I hope that my colleague Department of Defense to ‘‘slow down ommendations submitted by the Sec- would likewise. and take a breath.’’ It cautions that we retary of Defense for BRAC 2005. Mr. LEVIN. Would the chairman should not move forward on basing de- This proposed delay only seems log- yield? cisions without knowing exactly where ical and fair. There is no need to rush Mr. WARNER. Yes. units will be returned, and if those in- into decisions, that in a few years from Mr. LEVIN. Now, I assume this stallations are prepared or equipped to now, could turn out to be colossal mis- amendment will be laid aside similar support units returning from garrisons takes. We can’t afford to go back and to other pending amendments. in Europe, consisting of approximately rebuild installations or relocate high- Mr. THUNE. That is correct. 70,000 personnel. cost support infrastructure at various Mr. LEVIN. I assume that in addition Second, BRAC should not occur while points in this country once those in- to the debate taking place tonight on this country is engaged in a major war stallations have been closed or stripped this amendment, it could also take and rotational deployments are still of their valuable capacity to support place tomorrow, along with a number ongoing. We have seen enough disrup- critical missions. of other amendments which at least tion of both military and civilian insti- Frankly, some of the recommenda- will be debated tomorrow. I hope this tutions due to the logistical strain tions made by the Department of De- might be one of those amendments brought about by these constant rota- fense seem more driven by internal zeal that could be debated tomorrow, in ad- tions of units and personnel to Iraq and to cut costs, than by sound military dition to the comments that the chair- Afghanistan without, at the same time, judgment. Several recommendations man would make. initiating numerous base closures and involving the consolidation of high Mr. WARNER. The Senator is cor- the multiple transfer of units and mis- value military air and naval assets at rect. Given the importance of this sions from base to base. This is simply single locations seem to violate one of amendment and the interest in this too much to ask of our military, our the most basic tenets of national secu- amendment, I wish to lay down some communities and the families of our rity—that of ensuring strategic redun- parameters tonight about my concerns. servicemen and women, who are al- dancy. Yes, the Cold War may no Mr. LEVIN. I join in those concerns, ready stretched and overtaxed. Frank- longer be a factor in military basing and I agree that there should be some ly, our efforts right now must be de- requirements, but after 9/11 is there response tonight. voted to winning the global war on ter- any question in anybody’s mind wheth- Mr. WARNER. Would the Senator be rorism, not packing up and moving er the threat to our country or our available for further debate tomorrow? units around the country. military installations has diminished— Mr. THUNE. If that is the chairman’s Our amendment would delay imple- particularly as rogue countries and ter- wish, we could make that arrangement. mentation of BRAC until the Secretary rorist groups continue their quest for Mr. WARNER. Perhaps we can dis- of Defense determines that substan- weapons of mass destruction? cuss it. tially all major combat units and as- The GAO, in its report of July 1, 2005, AMENDMENTS NOS. 1390 THROUGH 1400, EN BLOC sets have been returned from deploy- has even questioned whether this Mr. WARNER. I ask unanimous con- ment in the Iraq theater of operations, BRAC will achieve the savings that sent that the vote be delayed for a few whenever that might occur. DoD contends it can achieve. GAO cal- minutes because we have a series of Third, it seems counterintuitive and culates the upfront investment costs of amendments at the desk which have completely out of logical sequence to implementing this BRAC to be $24 bil- been cleared by myself and the distin- attempt to review or implement the lion and reveals that DoD’s estimated guished Senator from Michigan. I ask BRAC recommendations without hav- savings of $50 billion NPV over 20 years unanimous consent that the Senate ing the benefit of studying the Quad- is largely illusory—incorrectly claim- consider these amendments en bloc, rennial Defense Review, due in 2006, ing 47 percent of the savings from that the amendments be agreed to and and its long-term planning rec- mi1itary personnel that are not elimi- the motions to reconsider be laid upon ommendations. Therefore, the amend- nated at all from the services, but only the table. ment requires that Congress receive transferred to different installations. I ask that any statements relating to the QDR and have an opportunity to There are many questions I and any of these individual amendments be study its planning recommendations as many of my colleagues have about the printed in the RECORD. one of the conditions before imple- wisdom of the timing of this BRAC Mr. LEVIN. We have no objection and menting BRAC 2005. round and the prudence of some of its support that. Fourth and Fifth: BRAC should not recommendations and I will return to The PRESIDING OFFICER. Without go forward until the implementation the floor to speak to many of these as objection, it is so ordered. and development by the Secretaries of this amendment is considered. Again, I The amendments were agreed to, as Defense and Homeland Security of the am not opposed to the BRAC process. follows: National Maritime Security Strategy; But I do question whether this is the AMENDMENT NO. 1390 and the completion and implementa- right time to begin a new round of do- (Purpose: To increase the authorized number tion of the Secretary of Defense’s mestic base closures and massive relo- of Defense Intelligence Senior Executive Homeland Defense and Civil Support cations of manpower and equipment. Service employees) Directive—only now being drafted. I, therefore, offer this amendment At the end of title XI, add the following: These two planning strategies should today and call upon my colleagues to SEC. 1106. INCREASE IN AUTHORIZED NUMBER be key considerations before beginning join us in this debate and support its OF DEFENSE INTELLIGENCE SENIOR any BRAC process. passage. EXECUTIVE SERVICE EMPLOYEES. Finally, once all these conditions Mr. President, I yield the floor. Section 1606(a) of title 10, United States have been met, the Secretary of De- Code, is amended by striking ‘‘544’’ and in- The PRESIDING OFFICER. The Sen- serting ‘‘the following: fense must submit to Congress, not ator from Virginia. ‘‘(1) In fiscal year 2005, 544. later than one year after the occur- Mr. WARNER. Mr. President, I thank ‘‘(2) In fiscal year 2006, 619. rence of the last of these conditions, a the Senator for bringing this amend- ‘‘(3) In fiscal years after fiscal year 2006, report that assesses the relevant fac- ment. There are some very distin- 694.’’.

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AMENDMENT NO. 1391 ‘‘(2) The Institute is composed of clinical AMENDMENT NO. 1395 (Purpose: To provide for cooperative agree- and basic scientists in the Department of De- (Purpose: To make available, with an offset, ments with tribal organizations relating to fense who have an expertise in research, pa- $5,000,000 for research, development, test, the disposal of lethal chemical agents and tient care, and education relating to oncol- and evaluation, Navy, for the design, devel- munitions) ogy and who meet applicable criteria for par- opment, and test of improvements to the On page 378, between lines 10 and 11, insert ticipation in the Institute. towed array handler) the following: ‘‘(3) The components of the Institute in- At the end of subtitle B of title II, add the SEC. 3ll. CLARIFICATION OF COOPERATIVE clude military treatment and research facili- following: AGREEMENT AUTHORITY UNDER ties that meet applicable criteria and are SEC. 213. TOWED ARRAY HANDLER. CHEMICAL DEMILITARIZATION PRO- designated as affiliates of the Institute. (a) AVAILABILITY OF AMOUNT.—Of the GRAM. ‘‘(b) RESEARCH.—(1) The Director of the amount authorized to be appropriated by (a) IN GENERAL.—Section 1412(c)(4) of the United States Military Cancer Institute section 201(2) for research, development, test, Department of Defense Authorization Act, shall carry out research studies on the fol- and evaluation for the Navy, the amount 1986 (50 U.S.C. 1521(c)(4)), is amended— lowing: available for Program Element 0604503N for (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; ‘‘(A) The epidemiological features of can- the design, development, and test of im- (2) in the first sentence— cer, including assessments of the carcino- provements to the towed array handler is (A) by inserting ‘‘and tribal organizations’’ genic effect of genetic and environmental hereby increased by $5,000,000 in order to in- after ‘‘State and local governments’’; and factors, and of disparities in health, inherent crease the reliability of the towed array and (B) by inserting ‘‘and tribal organizations’’ or common among populations of various the towed array handler by capitalizing on after ‘‘those governments’’; ethnic origins. ongoing testing and evaluation of such sys- (3) in the third sentence— ‘‘(B) The prevention and early detection of tems. (A) by striking ‘‘Additionally, the Sec- cancer. (b) OFFSET.—Of the amount authorized to retary’’ and inserting the following: ‘‘(C) Basic, translational, and clinical in- be appropriated by section 201(2) for re- ‘‘(B) Additionally, the Secretary’’; and vestigation matters relating to the matters search, development, test, and evaluation for (B) by inserting ‘‘and tribal organizations’’ described in subparagraphs (A) and (B). the Navy, the amount available for Program after ‘‘State and local governments’’; and ‘‘(2) The research studies under paragraph Element 0604558N for new design for the Vir- (4) by adding at the end the following: (1) shall include complementary research on ginia Class submarine for the large aperture ‘‘(C) In this paragraph, the term ‘tribal or- oncologic nursing. bow array is hereby reduced by $5,000,000. ganization’ has the meaning given the term ‘‘(c) COLLABORATIVE RESEARCH.—The Direc- in section 4(l) of the Indian Self-Determina- AMENDMENT NO. 1396 tor of the United States Military Cancer In- tion and Education Assistance Act (25 U.S.C. (Purpose: To authorize $5,500,000 for military stitute shall carry out the research studies 450b(l)).’’. construction for the Army for the con- under subsection (b) in collaboration with (b) EFFECTIVE DATE.—The amendments struction of a rotary wing landing pad at made by subsection (a)— other cancer research organizations and en- Fort Wainwright, Alaska, and to provide (1) take effect on December 5, 1991; and tities selected by the Institute for purposes an offset of $8,000,000 by canceling a mili- (2) apply to any cooperative agreement en- of the research studies. tary construction project for the construc- tered into on or after that date. ‘‘(d) ANNUAL REPORT.—(1) Promptly after tion of an F-15E flight simulator facility at the end of each fiscal year, the Director of AMENDMENT NO. 1392 Elmendorf Air Force Base, Alaska) the United States Military Cancer Institute On page 310, in the table following line 16, (Purpose: To provide for the provision by the shall submit to the President of the Univer- White House Communications Agency of strike ‘‘$39,160,000’’ in the amount column of sity a report on the results of the research the item relating to Fort Wainwright, Alas- audiovisual support services on a non- studies carried out under subsection (b). reimbursable basis) ka, and insert ‘‘$44,660,000’’. ‘‘(2) Not later than 60 days after receiving On page 311, in the table preceding line 1, At the end of subtitle A of title IX, add the the annual report under paragraph (1), the strike the amount identified as the total in following: President of the University shall transmit the amount column and insert SEC. 903. PROVISION OF AUDIOVISUAL SUPPORT such report to the Secretary of Defense and ‘‘$2,000,622,000’’. SERVICES BY THE WHITE HOUSE to Congress.’’. COMMUNICATIONS AGENCY. On page 313, line 4, strike ‘‘$2,966,642,000’’ (a) PROVISION ON NONREIMBURSABLE (b) CLERICAL AMENDMENT.—The table of and insert ‘‘$2,972,142,000’’. On page 313, line 7, strike ‘‘$1,007,222,000’’ BASIS.—Section 912 of the National Defense sections at the beginning of such chapter is Authorization Act for Fiscal Year 1997 (Pub- amended by adding at the end the following and insert ‘‘$1,012,722,000’’. lic Law 104–201; 110 Stat. 2623; 10 U.S.C. 111 new item: On page 326, in the table following line 4, strike ‘‘$92,820,000’’ in the amount column of note) is amended— ‘‘2117. United States Military Cancer Insti- the item relating to Elmendorf Air Force (1) in subsection (a)— tute.’’. (A) in the subsection caption, by inserting Base, Alaska, and insert ‘‘$84,820,000’’. AMENDMENT NO. 1394 On page 326, in the table following line 4, ‘‘AND AUDIOVISUAL SUPPORT SERVICES’’ after strike the amount identified as the total in ‘‘TELECOMMUNICATIONS SUPPORT’’; and (Purpose: To make available, with an offset, the amount column and insert (B) by inserting ‘‘and audiovisual support an additional $1,000,000 for research, devel- ‘‘$1,040,106,000’’. services’’ after ‘‘provision of telecommuni- opment, test, and evaluation, Army, for On page 329, line 8, strike ‘‘$3,116,982,000’’ cations support’’; and the Telemedicine and Advanced Tech- and insert ‘‘$3,008,982,000’’. (2) in subsection (b), by inserting ‘‘and nology Research Center) On page 329, line 11, strike ‘‘$923,106,000’’ audiovisual’’ after ‘‘other than telecommuni- At the end of subtitle B of title II, add the and insert ‘‘$915,106,000’’. cations’’. following: (b) EFFECTIVE DATE.—The amendments AMENDMENT NO. 1397 made by subsection (a) shall take effect on SEC. 213. TELEMEDICINE AND ADVANCED TECH- (Purpose: To reduce funds for an Army Avia- NOLOGY RESEARCH CENTER. October 1, 2005, and shall apply with respect tion Support Facility for the Army Na- to the provision of audiovisual support serv- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- tional Guard at New Castle, Delaware, and ices by the White House Communications VELOPMENT, TEST AND EVALUATION, ARMY.— to modify other military construction au- Agency in fiscal years beginning on or after The amount authorized to be appropriated thorizations) by section 201(1) for research, development, that date. On page 326, in the table following line 4, test, and evaluation for the Army is hereby AMENDMENT NO. 1393 strike the item relating to Los Angeles Air increased by $1,000,000. (Purpose: To establish the United States Force Base, California. (b) AVAILABILITY OF AMOUNT.—Of the Military Cancer Institute) On page 326, in the table following line 4, amount authorized to be appropriated by strike ‘‘$6,800,000’’ in the amount column of At the end of subtitle C of title IX, add the section 201(1) for research, development, test, following: the item relating to Fairchild Air Force and evaluation for the Army, as increased by Base, Washington, and insert ‘‘$8,200,000’’. SEC. 924. UNITED STATES MILITARY CANCER IN- subsection (a), $1,000,000 may be available for On page 326, in the table following line 4, STITUTE. Medical Advanced Technology (PE #603002A) strike the amount identified as the total in (a) ESTABLISHMENT.—Chapter 104 of title 10, for the Telemedicine and Advanced Tech- the amount column and insert United States Code, is amended by adding at nology Research Center. ‘‘$1,047,006,000’’. the end the following new section: (c) OFFSET.—The amount authorized to be On page 329, line 8, strike ‘‘$3,116,982,000’’ ‘‘§ 2117. United States Military Cancer Insti- appropriated by section 101(4) for procure- and insert ‘‘$3,115,882,000’’. tute ment of ammunition for the Army is hereby On page 329, line 11, strike ‘‘$923,106,000’’ ‘‘(a) ESTABLISHMENT.—(1) There is a United reduced by $1,000,000, with the amount of the and insert ‘‘$922,006,000’’. States Military Cancer Institute in the Uni- reduction to be allocated to amounts avail- On page 336, line 22, strike ‘‘$464,680,000’’ versity. The Director of the United States able for Ammunition Production Base Sup- and insert ‘‘$445,100,000’’. Military Cancer Institute is the head of the port, Production Base Support for the Mis- On page 337, line 2, strike ‘‘$245,861,000’’ and Institute. sile Recycling Center (MRC). insert ‘‘$264,061,000’’.

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On page 337, between lines 4 and 5, insert (2) Section 1011 of the Strom Thurmond (c) TRANSPORTATION TO MEDICAL CARE OUT- the following: National Defense Authorization Act for Fis- SIDE RETIREMENT HOME FACILITIES.—Section SEC. 2602. SPECIFIC AUTHORIZED ARMY NA- cal Year 1999 (Public Law 105–261; 112 Stat. 1513 of such Act is further amended— TIONAL GUARD CONSTRUCTION 2118) is repealed. (1) in the third sentence of subsection (b), PROJECTS. AMENDMENT NO. 1400 by inserting ‘‘, except as provided in sub- (a) CAMP ROBERTS, CALIFORNIA.—Of the (Purpose: To improve the management of the section (d),’’ after ‘‘shall not’’; and amount authorized to be appropriated for the Armed Forces Retirement Home) (2) by adding at the end the following new Department of the Army for the Army Na- subsection: tional Guard of the United States under sec- At the end of subtitle D of title VI, add the ‘‘(d) TRANSPORTATION TO MEDICAL CARE tion 2601(1)(A)— following: OUTSIDE RETIREMENT HOME FACILITIES.—The (1) $1,500,000 is available for the construc- SEC. 642. IMPROVEMENT OF MANAGEMENT OF Retirement Home shall provide to any resi- tion of an urban combat course at Camp ARMED FORCES RETIREMENT dent of a facility of the Retirement Home, HOME. Roberts, California; and upon request of such resident, transportation (a) REDESIGNATION OF CHIEF OPERATING OF- (2) $1,500,000 is available for the addition or to any medical facility located not more FICER AS CHIEF EXECUTIVE OFFICER.— alteration of a field maintenance shop at than 30 miles from such facility for the pro- (1) IN GENERAL.—Section 1515 of the Armed Fort Dodge, Iowa. vision of medical care to such resident. The Forces Retirement Home Act of 1991 (24 Retirement Home may not collect a fee from SEC. 2603. CONSTRUCTION OF FACILITIES, NEW U.S.C. 415) is amended— CASTLE COUNTY AIRPORT AIR a resident for transportation provided under (A) by striking ‘‘Chief Operating Officer’’ GUARD BASE, DELAWARE. this subsection.’’. each place it appears and inserting ‘‘Chief Of the amount authorized to be appro- (d) MILITARY DIRECTOR FOR EACH RETIRE- Executive Officer’’; and priated for the Department of the Air Force MENT HOME.—Section 1517(b)(1) of such Act for the Air National Guard of the United (B) in subsection (e)(1), by striking ‘‘Chief (24 U.S.C. 417(b)(1)) is amended by striking ‘‘a States under section 2601(3)(A)— Operating Officer’s’’ and inserting ‘‘Chief Ex- civilian with experience as a continuing care (1) $1,400,000 is available for the construc- ecutive Officer’s’’. retirement community professional or’’. tion of a security forces facility at New Cas- (2) CONFORMING AMENDMENTS.—Such Act is further amended by striking ‘‘Chief Oper- Mr. WARNER. Mr. President, I move tle County Airport Air Guard Base, Dela- to reconsider the vote. ware; and ating Officer’’ each place it appears in a pro- (2) $1,500,000 is available for the construc- vision as follows and inserting ‘‘Chief Execu- Mr. LEVIN. I move to lay that mo- tion of a medical training facility at New tive Officer’’: tion on the table. Castle County Airport Air Guard Base, Dela- (A) In section 1511 (24 U.S.C. 411). The motion to lay on the table was ware. (B) In section 1512 (24 U.S.C. 412). agreed to. (C) In section 1513(a) (24 U.S.C. 413(a)). AMENDMENT NO. 1398 Mr. BIDEN. Mr. President, for over 3 (D) In section 1514(c)(1) (24 U.S.C. 414(c)(1)). years, we have heard that our most im- (Purpose: Relating to the LHA Replacement (E) In section 1516(b) (24 U.S.C. 416(b)). Ship) portant national security priority is to (F) In section 1517 (24 U.S.C. 417). ‘‘keep the world’s deadliest weapons On page 18, beginning on line 20, strike (G) In section 1518(c) (24 U.S.C. 418(c)). ‘‘and advance construction’’ and insert ‘‘ad- (H) In section 1519(c) (24 U.S.C. 419(c)). out of the hands of the world’s most vance construction, detail design, and con- (I) In section 1521(a) (24 U.S.C. 421(a)). dangerous people.’’ One of the best struction’’. (J) In section 1522 (24 U.S.C. 422). ways to do that is to secure the world’s On page 19, beginning on line 10, strike (K) In section 1523(b) (24 U.S.C. 423(b)). stocks of fissile material and to de- ‘‘fiscal year 2007’’ and insert ‘‘fiscal year (L) In section 1531 (24 U.S.C. 431). stroy such material that is no longer 2006’’ (3) CLERICAL AMENDMENTS.—(A) The head- On page 19, between lines 18 and 19, insert needed for the nuclear weapons pro- ing of section 1515 of such Act is amended to grams of the five accepted nuclear the following: read as follows: (e) FUNDING AS INCREMENT OF FULL FUND- weapons states. ‘‘SEC. 1515. CHIEF EXECUTIVE OFFICER.’’. ING.—The amounts available under sub- The Cooperative Threat Reduction sections (a) and (b) for the LHA Replacement (B) The table of contents for such Act is program, also known as the Nunn- ship are the first increments of funding for amended by striking the item relating to section 1515 and inserting the following new Lugar program, is an important mech- the full funding of the LHA Replacement anism for achieving this vital objec- (LHA(R)) ship program. item: ‘‘Sec. 1515. Chief Executive Officer.’’. tive. AMENDMENT NO. 1399 (4) REFERENCES.—Any reference in any law, For over a dozen years, Nunn-Lugar (Purpose: To provide for the transfer of the regulation, document, record, or other paper has funded the destruction of Russian Battleship U.S.S. Iowa (BB–61)) of the United States to the Chief Operating long-range ballistic missiles, nuclear Strike section 1021 and insert the fol- Officer of the Armed Forces Retirement warheads, and chemical weapons, as lowing: Home shall be considered to be a reference to well as improved security for Russia’s SEC. 1021. TRANSFER OF BATTLESHIPS. the Chief Executive Officer of the Armed nuclear and chemical weapons. This (a) TRANSFER OF BATTLESHIP WISCONSIN.— Forces Retirement Home. The Secretary of the Navy is authorized— (b) PHYSICIANS AND DENTISTS FOR EACH RE- program has furthered Russian compli- (1) to strike the Battleship U.S.S. WIS- TIREMENT HOME FACILITY.—Section 1513 of ance with bilateral and multilateral CONSIN (BB–64) from the Naval Vessel Reg- such Act (24 U.S.C. 413) is amended— arms control treaties, and it has done ister; and (1) in subsection (a), by striking ‘‘sub- so with great transparency. In short, (2) subject to section 7306 of title 10, United section (b)’’ and inserting ‘‘subsections (b), Nunn-Lugar has been a consistent con- States Code, to transfer the vessel by gift or (c), and (d)’’; and tributor to our national security. otherwise provided that the Secretary re- (2) by adding at the end the following new Experts report, however, that since 9/ quires, as a condition of transfer, that the subsection: 11, the pace of Nunn-Lugar activities transferee locate the vessel in the Common- ‘‘(c) PHYSICIANS AND DENTISTS FOR EACH wealth of Virginia. RETIREMENT HOME FACILITY.—(1) In pro- has fallen off. Fewer arms are being de- (b) TRANSFER OF BATTLESHIP IOWA.—The viding for the health care needs of residents stroyed and there has been a major Secretary of the Navy is authorized— under subsection (c), the Retirement Home delay in activities due to disagree- (1) to strike the Battleship U.S.S. IOWA shall have in attendance at each facility of ments with Russia over access to ac- (BB–61) from the Naval Vessel Register; and the Retirement Home, during the daily busi- tivities and liability protection for (2) subject to section 7306 of title 10, United ness hours of such facility, a physician and a contractors associated with the pro- States Code, to transfer the vessel by gift or dentist, each of whom shall have skills and gram. otherwise provided that the Secretary re- experience suited to residents of such facil- Another major impediment to Nunn- quires, as a condition of transfer, that the ity. transferee locate the vessel in the State of ‘‘(2) In providing for the health care needs Lugar activities has been the need ei- California. of residents, the Retirement shall also have ther to meet onerous certification re- (c) INAPPLICABILITY OF NOTICE AND WAIT available to residents of each facility of the quirements or to prepare an annual re- REQUIREMENT.—Notwithstanding any provi- Retirement Home, on an on-call basis during port justifying Presidential waivers of sion of subsection (a) or (b), section 7306(d) of hours other than the daily business hours of those certification requirements. This title 10, United States Code, shall not apply such facility, a physician and a dentist each is a needless waste of resources. to the transfer authorized by subsection (a) of whom have skills and experience suited to Worse yet, the certification and or the transfer authorized by subsection (b). residents of such facility. waiver requirements often lead to gaps (d) REPEAL OF SUPERSEDED REQUIREMENTS ‘‘(3) In this subsection, the term ‘daily AND AUTHORITIES.— business hours’ means the hours between 9 of several months in the flow of funds (1) Section 1011 of the National Defense Au- o’clock ante meridian and 5 o’clock post me- to Nunn-Lugar projects. Those projects thorization Act for Fiscal Year 1996 (Public ridian, local time, on each of Monday are not undertaken out of the goodness Law 104–106; 110 Stat. 421) is repealed. through Friday.’’. of our hearts; rather, they are designed

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8654 CONGRESSIONAL RECORD — SENATE July 21, 2005 to improve our national security by Craig Johnson Nelson (NE) Mr. WARNER. Mr. President, my un- Crapo Kennedy Obama lessening the risk that rogues or ter- Dayton Kerry Pryor derstanding is there will not be votes rorists will acquire weapons of mass DeWine Kohl Reed tomorrow. destruction. Dodd Landrieu Reid Mr. LEVIN. Although there will be So, what is the point of requiring on- Domenici Lautenberg Rockefeller no votes tomorrow, we nonetheless are Dorgan Leahy Salazar making an effort on this side, and I erous certifications or waiver reports? Durbin Levin Sarbanes The only effect of those requirements Enzi Lieberman Schumer hope the chairman will do the same on is to slow the process of improving our Feingold Lincoln Smith his side, to have people debate amend- Feinstein Lott Snowe ments, lay down amendments, set them national security. Graham Lugar Specter The truth is that the certification re- Gregg Martinez Stabenow aside so we can vote on them next quirements were imposed by people Hagel McCain Stevens week. We are doing that on this side. who questioned the wisdom of Nunn- Harkin McConnell Sununu The idea that a cloture motion is Hatch Mikulski Thomas Lugar in the first place. And I cannot filed on this bill, to me, is inappro- Hutchison Murkowski Thune priate. There is no filibuster of this believe that anybody could doubt the Inouye Murray Voinovich usefulness of Nunn-Lugar today, given Jeffords Nelson (FL) Wyden bill. Everybody wants to handle amendments as quickly as possible to its proven record of achieving U.S. ob- NAYS—19 jectives. this bill, and the idea that there is a Allard Ensign Sessions cloture motion filed on a bill where we If we are serious, then, about ‘‘keep- Bunning Grassley Shelby are making progress, where people are ing the world’s deadliest weapons out Burr Inhofe Talent offering amendments, and we are dis- of the hands of the world’s most dan- Chambliss Isakson Vitter Cornyn Kyl Warner posing of them, to me is inconsistent gerous people,’’ the time has come to DeMint Roberts with what we have done as a body and pursue that goal more efficiently. Dole Santorum should be doing as a body. In particular, the time has come to NOT VOTING—3 The PRESIDING OFFICER. The mi- stop putting roadblocks in the way of Boxer Cochran Frist nority leader. the Nunn-Lugar program, as we use Mr. REID. Mr. President, to the two that program to secure and destroy The amendment (No. 1380) was agreed managers of this bill, I have said before weapons of mass destruction that to. and I say again, we could not have bet- might otherwise fall into ‘‘most dan- Mr. WARNER. I move to reconsider ter managers. They do things on a bi- gerous’’ hands. the vote and lay that motion on the partisan basis. This is an important The Lugar-Levin amendment will table. bill. I have from this floor on other oc- clear a major roadblock from the path The motion to lay on the table was casions this year talked about the need to national security. I urge all my col- agreed to. to go to this bill. I still believe that. I leagues to support it. The PRESIDING OFFICER. The Sen- think it is important that we do this Mr. WARNER. Mr. President, at this ator from Virginia. bill before we go home for the August time, I yield to the Senator from Indi- Mr. WARNER. Now, Mr. President, recess. To think that yesterday was ana. while we will not have further rollcall opening statements—I think it was Mr. LUGAR. I ask unanimous con- votes tonight, it is the intention of the yesterday, was is not? Yes. Today is sent that Senators LANDRIEU, SUNUNU, managers to continue tonight to first Thursday. No votes tonight, no votes BAYH, SMITH, and CARPER be added as clear package of amendments that we tomorrow, vote at 5 o’clock on Monday cosponsors to my amendment. have, and then there may well be a lot night—that is no way to legislate. To The PRESIDING OFFICER. Without of other Senators who want to discuss think that cloture will be invoked on objection, it is so ordered. their amendments. this bill, we are here working with sub- The question is on agreeing to the The Senate will come in tomorrow at stantive amendments. We are not try- Lugar amendment. such hour as specified by the leadership ing to slow things down, to stall Mr. WARNER. I ask for the yeas and and there will be filed a cloture mo- things. I am a supporter of the legisla- nays. tion. Following that, the managers will tion that the leader wants to bring The PRESIDING OFFICER. Is there a entertain further amendments and up—not to jeopardize this bill. It is sufficient second? have debate on those amendments. So simply not fair. There appears to be a sufficient sec- we have made some progress. We still I went to Walter Reed Monday. I saw ond. have a goal to complete this bill as lying in those beds men who are dis- The yeas and nays are ordered. early as we can next week, working figured; their lives have changed for- The clerk will call the roll. with our leadership. But we will need ever. It is hard to get out of my mind’s The legislative clerk called the roll. the cooperation of Senators. eye a young man there just turned 21 years old, blind in one eye, can’t hear Mr. MCCONNELL. The following Sen- I again thank the Senator from except a little bit out of one ear. I ators were necessarily absent: the Sen- South Dakota for bringing forth this talked to another man lying there in ator from Mississippi (Mr. COCHRAN) very important amendment on BRAC. bed; he was blown through the top of a and the Senator from Tennessee (Mr. There remains a very important Striker headfirst, which indicates how FRIST). amendment by the distinguished Sen- his head was injured. He is going to Mr. DURBIN. I announce that the ator from Michigan and Mr. ROCKE- lose a leg. Senator from California (Mrs. BOXER) FELLER and others. Perhaps the Sen- We have to finish this bill. That is is necessarily absent. ator from Michigan could give us some what we need to do. We have spent as I further announce that, if present timetable as to when the Senate could much as 5 weeks on this bill. Should we and voting, the Senator from Cali- expect to have an opportunity to de- not be able to spend 5 days on it? We fornia (Mrs. BOXER), would vote ‘‘yea.’’ bate that amendment. have had 1 day to legislate on it. As the The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- distinguished ranking member of the ALLEN). Are there any other Senators ator from Michigan. committee had indicated, we have in the Chamber desiring to vote? Mr. LEVIN. Mr. President, we are at- lined up amendments for tomorrow, The result was announced—yeas 78, tempting to find a time for that substantive amendments that relate to nays 19, as follows: amendment which fits not just the the subject matter of this legislation. [Rollcall Vote No. 200 Leg.] Senate schedule but a very important We are ready to vote on them. Monday YEAS—78 personal need, which I think the Sen- we will have people here ready to offer Akaka Bingaman Chafee ator from Virginia is aware of, of one amendments. I think it is so unfair to Alexander Bond Clinton of the cosponsors. We do have many people whom I visited at Walter Reed Allen Brownback Coburn amendments that we are going to be of- to not finish this bill and to invoke clo- Baucus Burns Coleman fered tomorrow. Apparently there is no Bayh Byrd Collins ture on it. Bennett Cantwell Conrad plan for votes tomorrow; is that the So we are faced with this proposition. Biden Carper Corzine Senator’s understanding? We have basically had 1 day. Cloture,

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8655 we will have a vote on it Monday. We As to the matter of cloture, again I from Michigan. I do hope we will not have 1 day where we have votes. And accept full responsibility. This is the have cloture filed on this bill. the votes we had today, we didn’t need 27th Armed Services bill I have been I am going to debate an amendment to have most of them. Two of them privileged to be involved in. I believe that will be offered in the morning. I were 100 to zero, or however many Sen- that historically cloture is needed, par- will offer an amendment around lunch- ators we have here today. They passed ticularly in the last week when col- time tomorrow, a separate amendment. unanimously. We agreed not to have leagues, understandably, on both sides I am sure many of our colleagues have votes. ‘‘Yes, we want to have rollcall of the aisle have many matters of great amendments they wish to offer. I hope votes on them.’’ Is it just to eat up interest to them and they desire to ex- the opportunity for full debate will be time? My Democratic Senators are ercise their rights to amend this bill available because this area is so criti- going to be asked Tuesday morning to and otherwise to get a decision by the cally important. vote for invocation of cloture on the Senate as a body. If I might take another moment, the Defense bill after they have had 1 day So I accept the responsibility. amendment tomorrow deals with, as I of debate, so the hue and cry will be Whether we go ahead and as the clo- understand it, the earth-penetrating from the majority, the Democrats are ture ripens we go forward, that is a bunker buster nuclear weapon, the holding up the Defense bill. I want the matter I will work on with my leader amendment I will offer with respect to RECORD to be spread with the fact that in consultation. And if there is such the development of a Truman-type the Democrats are not holding up any- progress made on a list of amendments commission to deal with contracting thing on this bill. We wanted to move that remain, I would wish to take into abuses—waste, fraud, and abuse, mas- to it months ago. It has been more consideration the possibility we might sive abuses which I will describe to- than 2 months reported out of com- not vote on it. But I feel I have to have morrow. These are important issues. mittee. that in place to efficiently work and These are not small issues. They are Everyone knows here how I like the manage this bill in the interim period big issues that require and demand sig- trains to run on time. I like this place between now and Tuesday morning. nificant debate and consideration. to be an orderly body to try to get But bottom line, I accept the respon- I hope we will take the time we need things done. But this is not the way to sibility. It is not that of the distin- as a Senate to sink our teeth into this get things done. I am terribly dis- guished majority leader. bill, to improve on the wonderful work appointed. I have expressed this per- THE PRESIDING OFFICER. The that has been done by the chairman sonally to the majority leader. I told Democratic leader. and the ranking member. I hope we can him what I was going to come to the Mr. REID. Through the Chair to the avoid cloture. I do not believe it is nec- floor and say. But he is also going to distinguished southern gentleman—he essary. I hope we will work through have criticism from others. really is—the mere fact that we don’t next week and finish a Defense author- Moving off this, we have other things have votes tonight is the least of my ization bill that we can all be proud of, he has already indicated he would do: worries. I do say that we do more than that will strengthen and advance this No. 1, the Native Hawaiian bill that the 1 day. I would say to the two managers country’s efforts. Senators from Hawaii have been wait- of the bill, based on what the distin- Mr. REID. I appreciate very much ing on for years to do. He has agreed, guished chairman of the committee has the statement of the Senator from he has given us his word that we would said, from what I have heard, if we all North Dakota. move to that this time. When is that lay down a number of amendments, the Let me say one additional thing. If a going to take place? Senator would be satisfied that we cloture motion is filed on this tomor- So I am terribly disappointed. I am have done enough on the bill that he row, I have tentatively called a Demo- terribly disappointed that we are in a would not have to seek the invocation crat caucus for 5:45 Monday night. I situation where we are going to move of cloture. I don’t like that. I think personally am going to ask my mem- off this bill. I don’t know what legisla- this is one of the bills where people bers to not invoke cloture. We are tion we could do that would be more should be able to offer amendments doing a disservice to the people of this important than the safety and security that they want to, not only on this country and the men and women in the and to give proper resources to the men subject but others. military to not have the opportunity and women fighting all over this world But I hope by tomorrow when the to try to improve this bill. There are so in addition to giving them a pay raise. majority leader returns, we can have a many things that are left undone, some Mr. President, I hope people will re- better understanding of what is ex- of which have been named this evening, consider. pected of the minority. We understand that I believe we would be remiss if we Mr. DORGAN. Will the Senator yield we are the minority, but we are a pow- did not fully debate this bill. for a question? erful minority and we have rights, as I say to my friend from Virginia— The PRESIDING OFFICER. The Sen- the distinguished Senator from Vir- again, we are friends, and I say this in ator from Virginia. ginia knows. the most underlined and underscored Mr. WARNER. Mr. President, I wish So again, I hope the two managers of fashion—it is not fair. We basically to respond to our distinguished minor- the bill would follow the suggestion of have spent today on the bill. We know ity leader. I accept full responsibility the distinguished Senator from Vir- what has happened around here in re- for the timing and the management of ginia as to what we need to do to make cent years. Fridays and Mondays, not this bill and making the decision that you feel late in the session that we much happens. We will try to change there would be no more votes tonight. have done what needs to be done where that. We just have not had an oppor- My leader has entrusted me with that cloture does not have to be filed. tunity to spend any time on this bill. I power, and I have so exercised it. I re- Mr. DORGAN. Will the Senator have not been here 27 years, but I have gret that it appears to the minority yield? been here 23 years. These Defense bills leader, a very valued and dear col- Mr. REID. I am happy to yield. take a long time—certainly more than league in this Chamber, that it is not a Mr. DORGAN. Mr. President, I am 2 or 3 days. It is so unfair. proper course of action, but I accept curious; my sense is that in years past, As I have indicated to those within that. We have a difference of opinion. we have on occasion had the Defense the sound of my voice, I understand the The fact that we will not have votes authorization bill on the Senate floor distinguished majority leader has a lot tonight will not deter my distinguished for some significant length of time. to do. The Senator from Virginia is the colleague and me as managers from The reason for that is this bill is a very wrong person to direct this to. We continuing to work through amend- large bill, it has significant policy wasted so much time on these five ments. We will both be here through- questions engrained in it, and some are judges—I don’t know how many weeks, out tomorrow. We could stack a num- very controversial. but we have been in session 94 days, ber of amendments which could be ad- I observe, as did my colleague from and we have spent 31 days on judges. dressed on the afternoon of Monday at Nevada, I have great admiration for That pretty much says it all. such time as the two leaders determine the Senator from Virginia. He provides Mr. KENNEDY. Will the Senator it would be appropriate. real leadership, as does the Senator yield?

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE S8656 CONGRESSIONAL RECORD — SENATE July 21, 2005 Mr. REID. I am happy to yield. ture to move the DOD bill, the Depart- Mr. LEVIN. Thirteen amendments The PRESIDING OFFICER. The Sen- ment of Defense bill, it is to make pending. ator from Massachusetts. room and time for the National Rifle Mr. WARNER. I say to my col- Mr. KENNEDY. As I remember, we Association, another special interest leagues, I accept the responsibility. I spent 2 weeks of the Senate’s time on group, so that they have more days to listened carefully to these points. I the bankruptcy legislation, which is deliberate their bill than we may spend suggest we all do our very best between basically special interest for the credit on this bill. now and Tuesday morning to put to- card companies, and we spent 2 weeks Mr. REID. Let me say to the distin- gether a record of accomplishments to on class action, which is special inter- guished Senator from Illinois in re- have the votes—they can be set up est legislation. That is 4 weeks. We are sponse to the question, the majority quite easily tomorrow, tonight, Mon- asked now to spend less than a week leader has the right to pull this bill. He day—and we will reassess this situa- debating the authorization for the can do that. He does not need to get tion. fighting men and women after we spent cloture. Even though I would not be Clearly, with the representations 2 weeks for the credit card companies happy with doing that, he could go that underlie your statements that we and 2 weeks for class action that will ahead anytime he wants to move off need to move forward, with that mo- benefit special interests. And now we this bill and move to anything he mentum on that side, I would be very will be asked in less than 2 or 3 days to wants to do because they have more happy to match it on this side. I assure snuff off and silence debate on the votes than we have. He could do that. you it will be forthcoming. But I am issues affecting the men and women of But at least if he did that, we could not going to sit here and recount the this country on the first line of de- have an opportunity to complete this number of instances today I have fense? bill in an orderly fashion, not cut off worked with Senators on both sides of Mr. REID. I respond to my friend, debate willy-nilly. the aisle—of which my distinguished add to that the 2 weeks and 2 weeks, So the answer to my distinguished colleague is aware—who, for various add 31 legislative days on judges, and friend’s question is yes, but what it ap- reasons, could not do this or that. And understand that wound up being five pears the majority wants to do is I respect that. But we have had a rea- people, three of whom are now judges, blame the minority for not allowing sonable amount of work achieved two of whom are not. As I understand the Defense bill to go forward, and it today. So might I suggest at this point it, we have more than 400,000 men and has nothing to do with us. He has the in time that we have made our case women in the military, not counting right, today, to move off this and move with all points. I accept responsibility. Guard and Reserve. They are entitled on to gun liability, native Hawaiians, Let’s go forward and see what we can to as much time as we spent on bank- estate tax, flag burning, and all the achieve. The PRESIDING OFFICER. The Sen- ruptcy, as much time as we spent on other threats we have had around here. ator from Michigan. Mr. DURBIN. Another question to class action, and certainly as much as Mr. LEVIN. Mr. President, there is we spent on five people, every one of the Senator from Nevada, and I think I nobody in this body I would rather know the answer: Is there anything whom had a job. They were not jobless. work with than Senator WARNER. We There are more than 400,000 men and more important than finishing the De- have had this relationship, which is a women, some of whom are out here in partment of Defense authorization bill very warm one, for as long as we have a hospital, in a bed because they can- in an orderly fashion when a nation is both been here, and we have been here not walk—at that hospital alone, there at war and men and women are risking the same length of time. are more than 300 men and women who their lives, as the Senator from Nevada I want to tell Senator WARNER we are have lost limbs—and they deserve more noted? doing something unusual tomorrow than 2 or 3 days of Senate time. Mr. REID. I say to my distinguished and Monday in an effort to address the Mr. DURBIN. Will the Senator yield? friend, we completed the Homeland Se- amendments which people want to Mr. REID. I am happy to yield. curity appropriations bill last week. offer. We are lining up people to speak Mr. DURBIN. It is my understanding That was a pretty important bill be- on amendments, although they cannot if we go through this with the motion cause it protects our Nation. If we are get votes. Traditionally around here, for cloture, it is the hope that we not so inclined to help the men and there has been great resistance—and would spend the rest of next week fin- women who have signed up to represent understandably—to offering amend- ishing this bill? Is that the game plan? us and defend this country, this is not ments on one day if you cannot get a Mr. REID. If cloture is invoked on a good sign for this Senate. Therefore, vote on that day because people want the underlying bill—certainly people I truly believe there is nothing more votes to come shortly after the debate know the procedure around here better important that we could be doing in so it will be fresh in people’s mind. than I, but if cloture is invoked Tues- this Senate than finishing this bill in We are making every effort to move day morning, say 11 o’clock, add 30 an orderly fashion. To think we will this bill. We are having people lined up. hours to that, and that is when we have one normal voting day on this— We have them for tomorrow. We have would be finished. that is what it will amount to—before them for Monday. We are willing, just Mr. DURBIN. And there would still cloture is invoked. One day. Thursday. in order to expedite consideration of be amendments? I ask through the That is it because we do not work this bill, to debate the bill on a Friday, Chair, Members could still offer around here on Mondays and Fridays. although the votes cannot occur until amendments? Mr. DURBIN. I ask one last question a Tuesday. We are moving heaven and Mr. REID. During the 30 hours. Tech- of the Senator from Nevada. It is my Earth. We are going out of our way to nically, you can. understanding today we have had two bring up amendments. But it is utterly Mr. DURBIN. Germane amendments. votes on this bill. unfair that a cloture motion be adopt- Mr. REID. Make sure that people un- Mr. REID. We had one unanimous ed which will cut off the opportunity of derstand this: The mere fact that there consent vote today on DOD and a vote other Members to offer amendments are amendments that are valid on the Lugar amendment. I thought under this circumstance. We are not postcloture does not mean they will there would be something on Boy delaying it. We are expediting this bill allow a vote on them. Scouts, but that never came to be, on in every single way we know. Mr. DURBIN. We have all learned an amendment offered by the majority In terms of the question asked by a that bitter lesson. leader. number of my colleagues, I cannot re- Let me ask the Senator. It is not a Mr. DURBIN. I might ask the Sen- member a Defense bill that just had 1 carefully guarded secret that part of ator, it is my understanding there are day for votes. Typically, we spend a the reason they want to move this bill many amendments pending right now good week on debate, maybe more—2 off the Senate is so they can bring to that we could debate. weeks, 3 weeks—on a Defense author- the floor the National Rifle Associa- Mr. REID. I believe there are six—I ization bill. The idea that the cloture tion bill on gun manufacturers’ liabil- could be wrong, but something like is filed on the second day to cut off de- ity before we leave for the August re- that. bate on amendments seems to me un- cess. So it is not just a matter of clo- Mr. DURBIN. I have one pending. thinkable.

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8657 These are amendments aimed at im- after, the President reviews the rec- Now, our President, I think quite proving this bill, strengthening this ommendations of the Secretary of De- wisely, and the Secretary of Defense bill. That is the motive. We all have fense and the Commission’s list of rec- have avoided any reference to a time- the same goal. We may differ when it ommendations and reports to the Con- table with respect to the achieving of comes to votes, but the motive is to gress. That is September 23. Then the our goals in Iraq; namely, allowing strengthen this bill, to offer greater Commission may submit a revised list that country to form its government, support for the men and women in the in response to the President’s request to provide for itself that measure of se- military. The idea that any one of no later than October 20. And the final curity to protect the sovereignty and, those amendments might be cut off be- date for the President to approve and hopefully, law and order in that coun- cause technically they are not ger- submit the BRAC list to the Congress, try, at which time it is expected that mane—although they are relevant— or the process is terminated, is Novem- our President and the coalition leaders seems to me unthinkable. ber 7. So that frames the current time- will make a determination as to the re- I hope, No. 1, we will make progress; table. deployment from the theater in Iraq of No. 2, that the majority would think Now, as I look over the Senator’s— substantially all of the major combat about filing a cloture motion under and I will go first to page 2, the section units. So that clearly is a very difficult these circumstances which would deny entitled: ‘‘Actions Required Before condition to meet in terms of when an opportunity to strengthen a bill Base Closure Round.’’ that could be completed, that with which is so important to the men and The actions referred to in subsection (a)— even conjecture, we cannot anticipate women in the military. And that is essentially the timetable when that will be completed—unless Mr. WARNER. Now, Mr. President, I have recounted here— you have facts that I am not aware of. the distinguished Senator from Michi- The PRESIDING OFFICER. The Sen- gan and I have cleared amendments. I are the following actions: (A) The complete analysis, consideration, ator from South Dakota. would like to do them. Then I wish to and, where appropriate, implementation by Mr. THUNE. Thank you, Mr. Presi- entertain a colloquy with my colleague the Secretary of Defense of the recommenda- dent. I appreciate the Chair giving me from South Dakota. Perhaps I will un- tions of the Commission on Review of Over- an opportunity to respond to the ques- dergo that colloquy at this time. seas Military Facility Structure of the tion. I think what the Senator from AMENDMENT NO. 1389 United States. Virginia is asking is if there is a defini- Again, the Senator has very coopera- I draw your attention to the word tive timetable in the amendment. The tive in bringing this amendment to the ‘‘implementation.’’ Now, this report, if answer is no, there is not. This does attention of the Senate. I have had a finished, will be released August 15. not involve a timetable. We are not few minutes to go over it. Let’s see if But the implementation—I certainly suggesting in this amendment that we can, as best we are able, define cer- have no facts before me at this time by there be any timetable. All we are sim- tain parameters with regard to the which I could even conjecture how long ply saying is that the Secretary of De- goals of this amendment and its impact it would take the Secretary of Defense fense can determine at what point the on the existing law. I ask unanimous to implement the recommendations of return from deployment of personnel consent to have printed in the RECORD the Commission on Review of Overseas who are stationed in Iraq as a result of a detailed listing of the BRAC Military Facility Structure of the some drawdown of the operation there timeline. United States. So there is no deter- is substantial. That is a determination There being no objection, the mate- minate date at which time the provi- which, as you can see, we leave to the rial was ordered to be printed in the sions in (A) can be estimated; is that Secretary of Defense. RECORD, as follows: correct? Mr. WARNER. Well, it is the words Mr. THUNE. Mr. President, the first ‘‘return from deployment.’’ That, 2005 BRAC TIMELINE criteria that deals with the Overseas clearly, in the mind of this Senator, BRAC Commission’s findings and re- means all the major, as determined by port would suggest that until those the Secretary of Defense, combat units. SECDEF sends initial selection criteria to defense com- December 31, It is not difficult for me to define what mittees. 2003 recommendations, until the analysis is President submits proposed force structure.a ...... February 1, 2004 complete, until that report has been are major combat units. What I cannot Sec/Def sends final selection criteria to defense com- February 16, 2004 estimate in any way reasonably, and mittees; publishes criteria in Federal Register. carefully analyzed, and then ulti- Criteria final, unless disapproved by Act of Congress .. March 15, 2004 mately it says implemented, ‘‘where nor should I, because it would impinge Congress receives interim report of Overseas Basing March 31, 2005 upon the President’s decision—a cor- Commission.b. appropriate,’’ by the Secretary of De- President transmits nine nominees for BRAC Commis- NLT March 15, fense is the condition to be met. It does rect one—not to try to set a timetable. sion to Senate for advice, consent and confirma- 2005 So anyway, I will move on. But that is tion.c. not specify a specific date when that SECDEF sends closure/realignment list to Commission NLT May 16, 2005 happens. a very indeterminate condition, to me. and defense committees; publishes in Federal Reg- We then go to (C). Now, I am told ister. I think the answer, through the GAO reviews DOD’s list; reports findings to President/ July 1, 2005 Chair, to the chairman’s question is that report is likely to be finished by defense committees. March of next year. Commission sends its recommendations to President .. NLT September 8, that the notion of having a domestic 2005 round of closures occur before decisions Then let’s go now to (D): President reviews Sec/Def’s and Commission’s list of NLT September 23, The complete development and implemen- recommendations and reports to Congress.d. 2005 are made with respect to the basing Commission may submit revised list in response to NLT October 20, needs overseas and some of the rec- tation by the Secretary of Defense and the President’s request for reconsideration. 2005 ommendations that have been brought Secretary of Homeland Security of the Na- Final date for the President to approve and submit November 7, 2005 tional Maritime Security Strategy. BRAC list to Congress (or process is terminated)e. forward by the Overseas BRAC Com- Work of the closure/realignment Commission is termi- April 15, 2006 Now, I can possibly conjecture or nated. mission—that process would be com- pleted prior to the implementation of maybe even estimate when the devel- a SECDEF has option to submit revised force structure to Congress by Mar opment would be completed by the two 15, 2005. the domestic BRAC recommendations. b Established by Congress in P.L. 108–132. Report date extended in PL Mr. WARNER. Mr. President, our col- Secretaries, but I certainly would not 108–324. be able to determine, nor can anyone c If President does not send nominations by required date, process is ter- loquy is addressed through the Chair. minated. It is the word ‘‘implementation.’’ It else, in my judgment, when there d President prepares report containing approval or disapproval. would be implementation. So there is e Congress has 45 days to pass disapproving motion, or list becomes law. could be that analysis could be com- pleted—consideration. But the ‘‘imple- another open-ended criteria. Am I in- Mr. WARNER. We have completed mentation’’ leaves an indeterminate correct? the GAO reviews of the DOD list and date for (A). I think we both agree on The PRESIDING OFFICER. The Sen- reported findings to the President and that point. ator from South Dakota. defense committees. That was done Going to the next point: Mr. THUNE. I thank you, Mr. Presi- July 1. We are in the process and the The return from deployment in the Iraq dent. Commission is having a series of hear- theater of operations of substantially all (as I say to the Senator from Virginia, if ings all across the country. The Com- determined by the Secretary of Defense) you are looking for, again, a specific mission sends its recommendations to major combat units and assets of the Armed timeline on this, I think these were the President on September 8. There- Forces. probably condition (D) and condition

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We are not saying that the the meantime, how can they attract vote on a final list of recommenda- BRAC shall be delayed until March of new business as a consequence of such tions. 2006, although with the QDR that be- facility, the military they have? The Now, the Senator is correct, it is fair comes a little more clear. businesses that are serving indirectly to say there will be communities, after But these are conditions in the same or directly the military facilities in August 22, perhaps—which I think is way that I think our military leader- that community, do they decide to put when the markup is—that will know ship and the President have said the in new capital and continue to mod- whether they are on or off the list. withdrawal from Iraq ought to be con- ernize their business to do their re- At the same time, what we are say- dition-based. These are conditions that sponsible actions to support that facil- ing is, those communities may or may would have to be met before the domes- ity? not stay on that list. In fact, when the tic BRAC recommendations would be You put a cloud of indecision and Congress has had an opportunity to re- implemented. doubt over all the communities that view some of these conditions that are Mr. WARNER. What I am trying to will be affected by this September 8 de- included in this legislation, they may convey, Mr. President, to my distin- cision. And BRAC is onerous in its own decide not to vote in favor of those rec- guished colleague is that the criteria schedule right here. It is extremely ommendations. I don’t think the door you have established for a new time- hard. And now to take and hold these is closed, I say to the Senator from table, which, again, is in a subsequent communities, literally, in irons for a Virginia, at the time when the list is paragraph—that is in paragraph (2) on period of 2 years until, if the amend- approved by the BRAC Commission and page 4—and I read it— ment were adopted, certain adjust- submitted to the President. The report required under subparagraph ments might be made in the final Pres- Mr. WARNER. One last point, and (F) of paragraph (1) shall be submitted not idential decision—I just find this then perhaps the distinguished ranking later than one year after the occurrence of amendment, with all due respect to my member would like to be engaged in the last action described in subparagraphs good friend and colleague, who is a this debate. One of the aspects of the (A) through (E) of such paragraph. member of our committee, as one that BRAC process that has always troubled So you add possibly up to a year on will impose on communities a very se- this Senator is the duty, beginning a whole set of indeterminate schedules vere hardship. I am not sure the Con- with the Governor of the State and the up here. Now, I think I have made my gress will want to do that. I say that to congressional delegation, to encourage point. you in all respect. the communities, with their support, I want to put this question to the The PRESIDING OFFICER. The Sen- to do everything they can to question Senator. As our colleagues have the op- ator from South Dakota. such decisions as may be made regard- portunity—as we are now doing—to Mr. THUNE. Mr. President, if I could ing installations within that State and look at this and to either determine respond to the very distinguished the several communities. how best they can vote to protect the chairman of our committee. And I do In doing so, they engage in those ac- interests of their State and to protect appreciate his leadership on our com- tivities which are quite normal—hire the interests of the country, as we go mittee. I appreciate his sensitivity to lobbyists, experts to come in and help through this very difficult process of the impact that these decisions are them. That whole infrastructure then BRAC this is my fifth one. It is not going to have on communities all essentially has to be kept in place for easy. I think they have to suddenly across this country. maybe up to another 2 years at an recognize the indeterminate schedule, But I would also submit that when enormous cost to these communities. I as laid out by this amendment, will the conditions are met, a timeline will argue strenuously, when we get hold in limbo the whole BRAC process should not be a prerequisite where na- into further debate on the Senator’s for, it could be, up to 2 years. I just tional security is involved. This is the amendment, that the amendment, no throw the quick estimate out of 2 exact same argument we are now mak- matter how well-intended, will inflict years. That 2-year period poses a ing with respect to our involvement in on communities across this land af- frightful situation for the communities Iraq, that we cannot subscribe to a spe- fected by BRAC an unusual punish- that will have had by that time the re- cific timeline. It is a conditions-based ment that certainly I do not believe port of the BRAC Commission, which approach that we are adopting there. any of us would want to do. will send its recommendations to the This would simply say that these are Therefore, I urge my colleagues to President on September 8. conditions that, when they are met, vote against this amendment. So this amendment does not stop would trigger that next step in the Mr. THUNE. Will the Senator yield that process going forward. I am cor- BRAC process, which ultimately is the on that point? rect on that; am I not? approval by this body. It comes back to Mr. WARNER. Yes. The PRESIDING OFFICER. The Sen- the Congress. Mr. THUNE. If I could make one ator from South Dakota. The Congress would have an oppor- comment, I understand what the chair- Mr. THUNE. Mr. President, again, tunity, then, after they have evaluated man is saying with respect to some of the Senator from Virginia is correct in the recommendations in the QDR, after these communities. I think a lot of that the timeline you gave me, the cur- they have gotten a better handle on these communities would welcome the rent BRAC timeline, is not impacted that and the Defense Department has opportunity to keep fighting for a cou- until the President would act and had a chance to review the rec- ple of years. I also know firsthand, be- make the recommendation to the Con- ommendations with respect to overseas cause I have a community that is in- gress. basing needs and we have gotten a bet- volved, about the costs that are associ- Mr. WARNER. That is fine. But on ter idea about what our domestic needs ated with a long, drawn-out, protracted September 8, all the communities are going to be when these troops start campaign. Many of these communities would know what is final, what is de- returning to this country. I think those have been in that process literally cided by the Commission on the Presi- are conditions for which at this point since the last round in 1995. Much of dent’s original list that went up, which in time it is unwise for us to be moving that expense concludes when the BRAC bases, facilities will be closed, re- forward at this fast pace. makes its recommendation. For all in- aligned, whatever the case may be. It is I would simply add what the Overseas tents and purposes, what you are left a wide spectrum of decisions. Then Basing Commission in their rec- with, once the recommendations are they are subject to other additions, ommendations said; and that is, if the out there, is final approval by the which they are in the process of going Congress moves too quickly on domes- President and the Congress. My as- through. And they are permitted by tic basing decisions, it could weaken sumption would be that in terms of the law. our global posture and, furthermore, cost for consultants and all the costs

VerDate Aug 31 2005 03:52 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S21JY5.REC S21JY5 mmaher on PROD1PC70 with CONG-REC-ONLINE July 21, 2005 CONGRESSIONAL RECORD — SENATE S8659 associated with analyzing data and I yield the floor. Mr. THUNE. That would be correct. making presentations to the BRAC, The PRESIDING OFFICER. The Sen- Mr. LEVIN. I think there is a deep il- many of those costs are now sunk. ator from South Dakota. logic in that. To the extent you would Those are costs that are going to be Mr. THUNE. Mr. President, one final want to delay something so that Con- concluded, by the time August 22nd observation. My expectation would be gress could have information, which I rolls around and these recommenda- that if we get this, if there is a think would be a mistake for the rea- tions are out there. download of information as a result of sons given, to the extent there is logic I hear what the chairman is saying. I QDR and some of these other condi- in that, the President should have the don’t think that is an issue that many tions that we impose, that Congress same information before making his of these communities that are fighting would hold hearings. The public would decision as the Congress arguably to keep their bases are most concerned have an opportunity, through a con- should have. with. I think they would welcome the gressional process, through their elect- Again, for reasons given by Senator opportunity to keep the fight going. ed representatives, to be heard on the WARNER and myself, I think it would be Mr. WARNER. My last question on subject that the conditions would ad- a mistake to create the state of limbo that point, there will be an enormous dress. which would result from the adoption amount of data generated, information I yield the floor. of this amendment. It also has that de- and decisionmaking that will take The PRESIDING OFFICER. The Sen- gree of illogic in it as well. place should the Senator’s amendment ator from Michigan. Finally, I ask the chairman, so that become law. Is he suggesting that the Mr. LEVIN. Mr. President, I, too, op- we can get the precise position of the communities then will have no partici- pose the amendment for the reasons administration on this, whether we pation in the deliberations as to how which were set forth by the chairman. could reasonably expect that at least But, in addition, I have some other that data may or may not affect the by Monday we could have a letter from thoughts about this process. Each one decision of the Secretary of Defense re- the administration relating to the spe- of our States has gone through a tre- garding the prior decision of the Base cifics of this amendment. I know we mendous period of anxiety. As it turns Closure Commission and how the Sec- have a general position of the adminis- out, some of that anxiety was well retary of Defense is to advocate? I just tration. based because they are on the list. For cannot see this amount of data and de- Mr. WARNER. What we do have al- those States that did better than ex- cision being made by all of these var- ready is a statement by the President pected or better than their worst fears, ious tribunals and organizations and that any effort to delay or impede the it seems to me this amendment will that the communities just have to sit BRAC process would lead to a veto, throw them right back into that state with such clarity in my mind. By the there and fold their hands and let the of anxiety because by definition, this way, an amendment, if I may advise executive branch go backwards and for- makes it more likely because of the my good friend, quite similar to this wards until the President then submits uncertainty that is injected. And be- amendment was considered by the something to the Congress. cause of the delay in the final disposi- Mr. THUNE. I am not sure I fully un- House and defeated by a vote of 112 for tion, more States will be thrown right derstand the question except that it back into the position of being very and 316 against, or something. seems to me if what you are suggesting I think our colleague should know if nervous and anxious as to whether is that somehow they are going to con- this ever got into the bill, the Presi- their bases and their facilities might dent would have to veto the bill. We tinue, once the BRAC Commission be hit by a base-closing round. In other makes its final recommendations, to words, there is no finality. It is a to- would have to start all over again on have to appeal this to the Secretary of tally uncertain finish, not just 2 years. the Defense bill. I don’t know when we Defense, I don’t understand the process We don’t know when substantially all would do it. But certainly if the House to work that way. Ultimately, what major combat units from Iraq will be is any guide, it was thoroughly re- they are left with is a decision by the withdrawn. I would be very concerned jected. President and final subsequent ap- that in addition to the arguments Am I not correct in that? proval by the Congress. It seems to me, which the Senator from Virginia made, The PRESIDING OFFICER. The Sen- once you get past this point in the we have many States that hired con- ator from South Dakota. process, when August 22nd is reached sultants, that made major presen- Mr. THUNE. If the Senator from Vir- and those recommendations are made tations, that now are going to be put ginia would yield, the response to your by the BRAC Commission, it then be- back into a state of limbo because they question is that you are correct. The comes a function of the President. will then say: Well, we are not going to House did have a vote on an amend- What our bill would do is trigger the know whether we are basically off the ment. There was a BRAC amendment. BRAC period moving forward, going hook for years, potentially many But it was not this amendment. It was forward from the time the rec- years. So those that breathe a sigh of an amendment that would essentially ommendations are submitted to Con- relief by this list or did better than do away with or delay the entire BRAC gress, the 45-day period. So most com- their worst fears or better than ex- process. In other words, the BRAC munities would then be lobbying mem- pected are now going to be put in a po- Commission would not be able, under bers of their congressional delegation, sition where they are going to have to the House amendment, to complete its if they are on the list, I suspect, to say: This could go on for years. We bet- work. This allows the BRAC Commis- vote no when that final vote would ter keep these consultants on board. sion to continue with their work prod- come. We better continue to be nervous about uct and respects the BRAC process, but Mr. WARNER. I understand that. But this for some indefinite period of time. simply slows down the implementation it seems to me, if you look at all of the There are many uncertainties that of those recommendations until these information, data, reports in A, B, C, are created and a great degree of pain certain conditions are met. D, E, and F, to me, in fairness, the that will be inflicted if we continue And with respect to the question of communities should have some in- this process for some unlimited period. the Senator from Michigan regarding volvement as to how that information As I understand the Senator’s amend- the so-called illogic of having the may or may not impact the decision ment, he would complete the process President weigh in on this, frankly, with regard to their community ren- through the Presidential decision. this Senator would like to know this dered by the BRAC Commission. I just Mr. THUNE. The Senator from type of information before we cast can’t see that everybody is going to Michigan is correct. votes on whether we are going to close fold their hands. If you are going to Mr. LEVIN. That means that while bases. I, frankly, don’t know, nor does delay it for 2 years, some provision the Senator sets forth arguments for anybody on the floor this evening, should be made to allow the active par- why all this information is essential what is in the QDR. I have some as- ticipation, once again, by the commu- before a congressional decision, the sumptions about that, but I happen to nities after this massive amount of Presidential decision would be made believe we may be surprised by some of data is brought into the public domain. before all of this information is avail- the findings, some of the strategies I make that observation. able? that are going to be laid out when that

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In my view, we should here tomorrow morning and perhaps we ality, he almost singlehandedly found- be the ones who review this type of in- can make a joint request outlining pre- ed the Democratic Party in his State. formation before we make votes on cisely what our views are. In his entire career, he never lost an shuttering bases across the country. As Mr. LEVIN. I hope the Senator from election because his constituents rec- a member of the Armed Services Com- South Dakota, if available tomorrow or ognized his basic decency and common mittee, and my chairman and distin- Monday, if there is further debate on sense. guished ranking member are here, I this amendment, might be present or However, Jim Exon didn’t only serve think we have a responsibility before be able to listen to the debate so he his Nebraska constituents. He also we make decisions of this consequence could respond to it. served his country and our Government and this magnitude about bases that Mr. WARNER. I anticipate that the in ways that we could sorely use today. may never be able to be opened again. reply from the administration would be He was, of course, a patriot and World Once we shut these things down, they forthcoming on Monday. I think the War II veteran who brought his war- are shut down for good. Senator would be available to debate There are a lot of questions that re- this matter later in the afternoon. time experience to his important role main unanswered about the QDR, Mr. THUNE. I will, and I welcome the on defense matters. But beyond his ob- about basing needs overseas, about opportunity to come to the floor and vious love of country, Jim Exon espe- what our needs are going to be when speak to it as well. cially loved his country’s democracy, those troops start coming home from Mr. WARNER. The Senator has a which he saw as the crucial spark ani- Iraq and Afghanistan from other thea- very distinguished list of cosponsors, I mating the American community. ters. might add. Jim Exon relished forthright debate I appreciate and respect the leaders Mr. LEVIN. And an even more distin- and always had tremendous faith in the of this committee on their thoughts. I guished list of opponents. Just kidding. fairness of our system of Government. understand their opposition to this The hour is late. But while he advanced his beliefs with amendment. Frankly, I would urge my Mr. WARNER. Mr. President, in conviction and passion, he also listened colleagues who look at these issues and great seriousness, referring to the co- to those with whom he disagreed. In- are concerned about moving forward sponsors, they are Senators deed, he was renowned as a fair and too quickly on decisions that have LIEBERMAN, SNOWE, LAUTENBERG, JOHN- considerate lawmaker who routinely enormous and major consequences, not SON, DODD, COLLINS, CORZINE, BINGA- sought common ground with adver- only for the communities that are im- MAN, and DOMENICI. saries out of genuine sympathy for pacted but for the national security of I stick by my words that it is a dis- their concerns. the United States of America, that tinguished list of cosponsors. Jim Exon’s facility for finding com- without having this kind of informa- Mr. THUNE. I thank the chair. mon ground with others stemmed from tion, it seems to me at least that many Mr. WARNER. Mr. President, the his roots in America’s heartland. In of the decisions are, at a minimum, managers wish to advise the Senate very premature. that we have accomplished a good deal rural areas and small towns, neighbors Mr. WARNER. Mr. President, I thank today, and we will be fully in business must depend on one another. People in our colleague. We have had quite a tomorrow, with the exception of roll- the country rely on pragmatism to good debate. I am prepared to move on, call votes. It is our hope and expecta- solve problems, having little patience subject to the views of my colleague. tion that we can go through a number with argument for its own sake. Jim Mr. LEVIN. Mr. President, I think it of amendments and stack those votes Exon brought these Midwestern values is important that in addition to get- for a time to be decided by leadership. to his work, fighting openly for his be- ting the general views of the adminis- Therefore, Mr. President, I think we liefs, while still playing a cooperative tration about the importance of this can move off of the bill and do such and constructive role in resolving dif- BRAC process proceeding for the rea- wrap-up as is necessary. ferences. sons they have set forth, the language Mr. President, I suggest the absence Given his ability to see the point of of this amendment be forwarded to of a quorum. view of others, it’s hardly surprising them. I will give an example of why. The PRESIDING OFFICER. The that Jim Exon made abundant legisla- As I understand it, one of the im- clerk will call the roll. tive contributions. I was privileged to pacts of the amendment would be that The legislative clerk proceeded to serve on the Senate Budget Committee it would be difficult, if not impossible, call the roll. with him, where he fought to keep our for the Army to bring back to the Mr. WARNER. Mr. President, I ask Nation’s fiscal house in order. Here, United States about 49,000 personnel unanimous consent that the order for too, his approach was balanced, offer- and their families because those relo- the quorum call be rescinded. ing a fierce opposition to wasting tax- cations back to the United States are The PRESIDING OFFICER. Without payer money on unjustified spending, dependent upon certain steps being objection, it is so ordered. while maintaining an abiding faith in taken as proposed in the BRAC process. f effective government. Most impor- We are leaving a lot of people in limbo MORNING BUSINESS tantly in this area, he recognized that overseas, I believe—that is our conclu- lawmakers must resist the temptation sion—but I would like to hear from the Mr. WARNER. Mr. President, I ask to use public debt to shift current bur- Defense Department as to the specific unanimous consent that there now be a dens onto future taxpayers. To Jim ramifications of this kind of delay, in period for the transaction of morning Exon, skyrocketing Federal debt was a addition to the reasons they have al- business. shameful legacy to leave our children. ready given for opposing any delay or The PRESIDING OFFICER. Without cancellation of the BRAC process. So I objection, it is so ordered. Senator Exon also understood the agree with our chairman that they are f wisdom of investing in the family very clear that they would veto this farmer, the backbone of rural commu- bill if this kind of amendment passes. TRIBUTE TO FORMER SENATOR nities. A tireless advocate of rural eco- But in terms of the argument on the JAMES EXON nomic development, he was one of the amendment, there are practical prob- Mr. CONRAD. Mr. President, I wish first to recognize the importance of lems, in addition to the ones already to take a moment to pay tribute to ethanol as fuel, a renewable energy raised by the Defense Department, that former Senator Jim Exon, a friend and source that we produce here at home. they may want to raise if we get them colleague, who passed away on June 10, And he fought for better transpor- the language. I hope that over the 2005. tation, better medical care, and better

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