S12560 CONGRESSIONAL RECORD — SENATE November 9, 2005 Iraqis to help them to sustain this new- diers have been angry and sad for two days. to America to attack our people? How found freedom by helping the strength- They are angry because the terrorists could heinous would their crimes be here? en their armies. just as easily have waited a block or two and Our President is trying to make sure The stories of success from our sol- attacked the patrol away from the kids. In- they do not have that opportunity, stead, the suicide bomber drove his car and diers and sailors in Iraq need to be hit the Stryker when about twenty children that they will not be able to perpetrate told. Our soldiers need to know that were jumping up and down and waving at the their horrible and indecent acts their bravery and hard work in Iraq is soldiers. against the people of America on our not in vain. Major Bieger, I had seen him help rescue soil. Our President is taking every step This new chance for freedom in this some of our guys a week earlier during an- to assure that Americans are secure. part of the world is due entirely to the other big attack, took some of our soldiers So I think it is time for us to stop sacrifice of our soldiers and sailors, and and rushed this little girl to our hospital. He the partisan bickering. No one in their their families. wanted her to have American surgeons and not go to the Iraqi hospital. She didn’t make right mind would suggest that this is a I say to our servicemen and women it. I snapped this picture when Major Bieger time for America to turn and run. So and your families—Our nation owes ran to take her away. let’s try to work together to make sure you our gratitude, and we honor you The soldiers went back to the neighbor- we are doing everything possible to for bestowing the immeasurable gift of hood the next day to ask what they could do. help the Iraqi people get on their feet, freedom. We thank each and every one The people were very warming and welcomed hold their elections, and begin the of you. us into their homes, and kids were actually process of self-government. The PRESIDING OFFICER. The Sen- running up to say hello and to ask soldiers to shake hands. Nothing will eradicate terrorism more ator from Texas. Eventually, some insurgents must have re- quickly than showing that democracy and Mrs. HUTCHISON. Mr. President, I alized we were back and started shooting at self-governance can work. That is what our thank the Senator from Pennsylvania us. The American soldiers and Iraqi police President is leading our country and our for talking about what our people with started engaging the enemy and there was a troops in the field to provide: Safety and se- boots on, on the ground in Iraq, are running gun battle. I saw at least one Iraqi curity for the Iraqi people so they can gov- saying and what they are seeing. police who was shot, but he looked okay and ern themselves. The Iraqi people are moving I think it is important that we talk actually smiled at me despite the bullet hole forward with a constitution they have writ- ten and they have voted for, which will be to them about the feelings in America in his leg. I smiled back. One thing seems certain: The people in followed by more elections of a parliament because some people might get a that neighborhood share our feelings about and leaders who will take this constitution misimpression if they listened to peo- the terrorists. We are going to go back there, and make the laws that will give freedom to ple who actually put forward the idea and if any terrorists come out, the soldiers every Iraqi. Freedom is something which that we would cut and run from some- hope to find them. Everybody is still very they have not known—many of them—in thing that was started for all the right angry that the insurgents attacked us when their lifetimes. It is a worthy cause because reasons—to protect Americans. the kids were around. Their day will come. it will also assure the security of the Amer- The President, knowing what hap- Mr. President, it is stories like this ican people in future generations. pened on 9/11, was determined that he one that reaffirm why Americans are Mr. President, I yield the floor. was not going to have another terrorist so proud of our troops and proud of the f attack on America with weapons of Iraqi people for embracing democracy CONCLUSION OF MORNING mass destruction. That is why we went and supporting our efforts to defeat BUSINESS into the Middle East. We took on Sad- terrorism. U.S. troops are not seen as dam Hussein, who was known to have, occupiers, as some in our country The PRESIDING OFFICER. Morning from many different sources, weapons would have you believe. Our soldiers business is now closed. of mass destruction. are standing beside Iraqi forces, and f So we are there, and our troops are their sacrifice to win the war on terror NATIONAL DEFENSE AUTHORIZA- doing a great job. We are building the will never be diminished. TION ACT FOR FISCAL YEAR 2006 confidence in Iraq. You can see it from We are fighting an enemy who is will- the people who are voting with their ing to make a point of killing innocent The PRESIDING OFFICER. Under feet. They are walking to the polls and children. There will be no freedom if the previous order, the Senate will re- voting. Even under threat of death, we cut and run. We know why we are sume consideration of S. 1042, which they are working to establish a democ- there, and we will complete the mis- the clerk will report. racy. They are defying the terrorists. sion. The journal clerk read as follows: They know what the terrorists are This story shows so much about how A bill (S. 1042) to authorize appropriations doing to their country, and they are our troops feel. And if any person in for fiscal year 2006 for military activities of this country talks to troops who have the Department of Defense, for military con- fighting back. And we are going to struction, and for defense activities of the stand and fight with them, as we prom- returned from Iraq, they will tell you Department of Energy, to prescribe per- ised we would do. similar stories about the feelings of the sonnel strengths for such fiscal year for the I want to talk about this picture. It Iraqi people. Iraqis often are under Armed Forces, and for other purposes. says more than any words ever could. threat of death if they are talking to Pending: American soldiers or trying to do Michael Yon is a former Green Beret Chambliss amendment No. 2433, to reduce who has been out of the service for something productive that would move the eligibility age for receipt of non-regular years. He is also a gifted photographer their country forward, such as voting military service retired pay for members of and writer. He was embedded in Iraq on a constitution, which they did in the Ready Reserve in active federal status or for 9 months earlier this year. He droves. They are standing firm despite on active duty for significant periods. learned about the area, the people, the the threats. Ensign amendment No. 2443, to restate unit in which he was embedded, and Our troops are going through the United States policy on the use of riot con- the situation in Iraq. His photographs process of teaching the Iraqi police and trol agents by members of the Armed Forces. capture an honest and inspiring mes- the Iraqi soldiers how to help them- The PRESIDING OFFICER. The Sen- sage about our soldiers’ service in Iraq, selves, how to work the equipment, and ator from Michigan. the mindset of the terrorists we are how to counter insurgents who would Mr. LEVIN. Mr. President, I suggest fighting, and what this war is all wait until children are in the picture the absence of a quorum. about. before choosing to blow themselves up. The PRESIDING OFFICER. The I would like to read Michael’s own This is an enemy that we must not clerk will call the roll. words describing what happened on let stay on this Earth. We must eradi- The journal clerk proceeded to call Saturday, May 14, 2005, in Mosul, just cate it wherever it is. And we must the roll. before he took this heartbreaking pic- make sure that it does not come to Mr. INHOFE. Mr. President, I ask ture: America because if this enemy would unanimous consent that the order for Major Mark Bieger found this little girl wait until children are surrounding our the quorum call be rescinded. after the car bomb that attacked our guys soldiers to do their heinous crimes, The PRESIDING OFFICER. Without while kids were crowding around. The sol- what would they do if they came back objection, it is so ordered.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.006 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12561 Mr. INHOFE. Mr. President, may I into the Declaration of Independence? Or and acknowledgment of divine provi- ask what the regular order is right about the activist from Massachusetts who dence is an official tenet of preparation now, what the pending amendment is? urged making the Fourth of July a quasi-re- of the American military. America’s The PRESIDING OFFICER. The ligious holiday? These proposals were made 220 years ago. Today they would be swiftly dependence upon prayer exhibits itself pending amendment is the Ensign denounced by the ACLU, the Democratic before, and in the Declaration of Inde- amendment No. 2443. Congressional Campaign Committee, and a pendence, and in the Inaugural Address AMENDMENT NO. 2440 slew of editorial pages. of every President. Congress opens Mr. INHOFE. Mr. President, I ask It was just last year that the Ninth each day with a prayer. The tradition unanimous consent to set aside the En- Circuit Court of Appeals ruled to have of prayer continued on June 6, 1944, sign amendment, and I send to the desk ‘‘under God’’ taken from our Pledge of when President Roosevelt led the en- my amendment No. 2440 and ask for its Allegiance. tire Nation in prayer during his radio immediate consideration. We go around, as I do in my State of address, lifting up our assault forces The PRESIDING OFFICER. Without Oklahoma, spending a lot of time talk- and the families of those who would objection, it is so ordered. The clerk ing to people. I know what we do up give the supreme sacrifice in the D-Day will report. here is significant. We pass laws. We invasion. The President did that before The journal clerk read as follows: have a lot of rules and regulations the invasion. The Senator from Oklahoma [Mr. INHOFE], coming out of the White House, out of During World War II, GEN George for himself and Mr. FRIST, proposes an the various committees, including the Patton led the famous prayer for favor- amendment numbered 2440. one I chair, the Environment and Pub- able weather during the crucial 1944 Mr. INHOFE. Mr. President, I ask lic Works Committee, but when you Battle of the Bulge, and the weather unanimous consent that reading of the are on the street, it is the legislating dramatically improved. Patton issued amendment be dispensed with. from the bench that bothers people 3,200 training letters to officers and The PRESIDING OFFICER. Without more than anything else. And certainly chaplains in the Third Army to ‘‘urge, objection, it is so ordered. taking ‘‘under God’’ out of our Pledge instruct, and indoctrinate every fight- The amendment is as follows: of Allegiance is right at the top of that ing man to pray as well as to fight.’’ (Purpose: To ensure by law the ability of the list. That is George Patton. military service academies to include the Now, I agree with my friend in the In one of the largest social science offering of a voluntary, nondenominational other body, Congressman WALTER research projects in history, the Social prayer as an element of their activities) JONES, who has led this fight in the Science Research Council reported At the end of subtitle G of title X of divi- House of Representatives, when he asks after World War II that soldiers se- sion A, add the following: the question: lected prayer most frequently as their SEC. 1073. PRAYER AT MILITARY SERVICE ACAD- How much longer will we stand by and source of combat motivation. From EMY ACTIVITIES. allow others to ignore the very God upon 1774 until today, more than 67 Armed (a) IN GENERAL.—The superintendent of a whom our Nation was founded? Forces prayer books have been widely service academy may have in effect such pol- I also agree with the position of the and efficiently distributed to our fight- icy as the superintendent considers appro- ing forces during war, from the Amer- priate with respect to the offering of a vol- Concerned Women for America that: untary, nondenominational prayer at an oth- Prayer is essential to the protection of our ican war for independence to the war erwise authorized activity of the academy, families, our communities and our nation. on terror we are fighting today. subject to such limitations as the Secretary We believe that the men and women who put A sampling of just two prayer books of Defense may prescribe. themselves in harm’s way have the right to distributed during World War II and (b) SERVICE ACADEMIES.—For purposes of give public thanks to God and ask for His the Korean war contain recommended this section, the term ‘‘service academy’’ blessings. But some are trying to take this prayers from 34 senior uniformed mili- means any of the following: right away. tary authorities, including Bradley, Ei- (1) The United States Military Academy. Ronald Ray and Linda Jeffrey of Con- senhower, MacArthur, Marshall, and (2) The United States Naval Academy. cerned Women for America recap: (3) The United States Air Force Academy. Patton. On July 11, 2005 the Marine Corps Times Former Chairman of the Joint Chiefs, Mr. INHOFE. Mr. President, even announced the Anti-Defamation League’s re- Admiral Thomas Moorer, concludes: issued call to cease the traditional noon- though the Founding Fathers were Prayer for the common good and acknowl- meal prayer at the Naval Academy, and the very clear and spoke of ‘‘Nature’s God’’ edgment of Divine Providence is a central, Academy’s refusal to surrender. The ADL’s and of the ‘‘Creator’’ in the Declara- official and historic tenet of the combat demands echo the April of 2003 complaint by tion of Independence, the Federal leadership preparation for the American the ACLU, which could not find a plaintiff to Military, particularly officer training and courts are increasingly trying to drive pursue a lawsuit. particularly in times of national peril or every vestige of faith from public life. This is kind of interesting. The On April 30, 2003, came an example war. ACLU was trying to find one cadet at from the Fourth Circuit Court of Ap- Our Constitution demands the free- the Naval Academy to act as a plain- peals. dom to worship freely, and our future tiff. They couldn’t find one. leaders, our men and women in mili- As the Boston Globe reported it: Take a good look at this painting by tary academies across the country, Judges bar prayer at public colleges. In a Arnold Frieberg of ‘‘The Prayer at Val- may soon be denied that freedom for precedent-setting ruling against prayer at a ley Forge.’’ Since the time of George State college, a Federal appeals court has which many have died to ensure that barred the Virginia Military Institute from Washington and the founding of our country, there is unbroken historic freedom for all of us. writing and reciting a prayer before cadets Last year, 2004, the Supreme Court precedent of leader-led prayer sus- eat their evening meals. decided not to hear the ACLU chal- taining American fighting men on the VMI and then the Citadel down in lenge to cadet-led prayers at Virginia battlefield through every American South Carolina have scrapped their Military Institute. VMI, that is where war. In his Farewell Address, George prayers since that Federal court rul- it all started. That decision allowed Washington said: ing, though Justice Stevens declared: the Fourth Circuit Court of Appeals de- I consider it an indispensable duty to close There is no injunction presently barring this last solemn act of my official life by cision to stand which prohibited VMI VMI from reinstituting the supper prayer. commending the interests of our dearest from sponsoring a daily supper prayer. The Naval Academy in Annapolis has country to the protection of Almighty God Right after that, the Citadel followed also been reviewing its policy. The and those who have the superintendence of their lead. ACLU, the American Civil Liberties them into his holy keeping. Supreme Court Justice Stevens Union of Maryland, is calling on the On the 4th of July, John Adams of pointed out in his decision for the ma- academy to review its practices of Massachusetts said: jority not to hear the case that, in con- leading the students in prayer. It ought to be commemorated as the day of trast, the Sixth and Seventh Circuit Jeff Jacoby is a columnist for the deliverance, by solemn acts of devotion to Courts have rejected challenges to non- Boston Globe who wrote in 1996: God Almighty. denominational prayer at the college Have you heard about the Virginia politi- The centrality of prayer for the pro- level, reasoning that ‘‘college-age stu- cian who wanted references to God injected tection of those in peril upon the sea dents are not particularly susceptible

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.008 S09NOPT1 S12562 CONGRESSIONAL RECORD — SENATE November 9, 2005 to pressure from peers towards con- The PRESIDING OFFICER. The Sen- time-honored practice, a military in- formity.’’ ator from Virginia. stitution that has played a critical role It is important to acknowledge here Mr. WARNER. Mr. President, I com- in training U.S. military leaders for that the Sixth and Seventh Circuits, as mend our colleague. This is a very sig- over 160 years. Sadly, the majority de- well as the Fourth Circuit, all agree nificant and important step that he has cision of the Supreme Court not to that there is not a problem in our col- taken. I ask unanimous consent to be hear the case allowed a decision by the leges and universities. The VMI prayer added as a cosponsor on the amend- Fourth Circuit Court of Appeals to was voluntary. Stevens states that ment. stand which prohibited VMI from spon- there is no ‘‘direct conflict among Cir- The PRESIDING OFFICER. Without soring a daily supper prayer. cuits,’’ relying on the factual dif- objection, it is so ordered. However, other circuit courts have ferences between the cases in the dif- Mr. WARNER. The Senator from rejected challenges to nondenomina- ferent circuit courts. Kansas asked for a moment or two to tional prayer at the college level. And Justice Scalia writes, however, that speak. I shall yield the floor at this we should, too; we should allow this ‘‘the basis for the distinguishing—that point and then follow with my re- prayer to take place. We shouldn’t this was a separate prayer at a state marks. I first ask the Presiding Officer have a naked public square. We should military college, whereas other cases with regard to the time remaining for have a robust one that lifts up faith involved graduation prayers at state the proponents of the amendment. and lifts up the seeking of those to a The PRESIDING OFFICER. The pro- nonmilitary colleges—is, to put it higher moral authority. mildly, a frail one.’’ ponents have 17 minutes 15 seconds re- Freedom of religion as protected in Scalia continues: maining. the U.S. Constitution does not require In fact, it might be said that the former is Mr. WARNER. I thank the Chair. The PRESIDING OFFICER. The Sen- the removal of all religion from public more, rather than less, likely to be constitu- settings. Such secularity is not what tional since group prayer before military ator from Kansas. mess is more traditional than group prayer Mr. BROWNBACK. Mr. President, I our Founding Fathers envisioned when at ordinary state colleges. thank my colleagues from Oklahoma they established religious liberty as That is the state of the law today. and from Virginia for allowing me to one of the basic tenets of the Republic. Currently, they are not praying at VMI speak on this important amendment. I support the Senator from Oklahoma and at the Citadel. There is some prob- This morning, I started my day in the in his effort to clarify to the judicial lem at the Naval Academy. Senate as the Presiding Officer. I start- branch and the military Congress’s un- Frustrated by the failure to find any- ed it standing next to Chaplain Black, derstanding of this fundamental con- one in the Naval Academy to serve as who is a Navy chaplain. He gave the stitutional right with regard to mili- a plaintiff, the ACLU now asks the opening prayer for the Senate. We have tary academies. This is important. It is Armed Services Committee of the Con- had an opening prayer for many years. one of those things, as we try to stop gress to take action. My amendment is I found it inspiring, encouraging. I this onslaught of the removal of reli- designed to send an unsubtle signal to found it uplifting and important that gious liberty, which is what the move any court that entertains an ACLU we open this body with a prayer. We do is about and what the Senator from suit against the military academies. It so on a daily basis. As I sat as Pre- Oklahoma is trying to prevent, the re- will stand as an indication of congres- siding Officer, I looked at the door op- moval of religious liberties, to allow sional intent on the matter. That is posite me. Right above it, on our the robust practice of religion, non- important. A lot of times congressional mantlepiece, we have ‘‘In God We denominational, nonsectarian, yet intent is not. However, when it is stat- Trust,’’ as we have on our coinage and seeking that God in whom we trust. ed, when a decision is being made on a in our beliefs and hearts. To many I yield the floor. matter like this, it is significant. It is Americans, we are one Nation under The PRESIDING OFFICER. The Sen- that intent that we want to have as an God, indivisible, with liberty and jus- ator from Virginia. amendment to the bill today. tice for all. Mr. WARNER. Mr. President, before Judges inclined to back mealtime It is with this in mind that I rise in the distinguished Senator from Kansas prayer will be able to point to this leg- support of the amendment of the Sen- leaves the floor, I want to speak to him islation as an argument for judicial ator from Oklahoma, No. 2440, that about another matter. I ask unanimous deference to the will of Congress and protects the ability of superintendents consent to go off this amendment for a the executive branch. of military service academies to set ap- brief period and charge the time to me My amendment’s language was in the propriate policies for the offering of from the bill time so I may have a col- House-passed version of last year’s Na- voluntary nondenominational prayers loquy with my good friend and col- tional Defense Authorization Act for at authorized events. This is basic. It is league from Kansas. fiscal year 2005. This year I want to see important. It is the protection of the The PRESIDING OFFICER. Without a recorded vote in the Senate to make practice of religious liberties at our objection, it is so ordered. clear exactly who agrees with this pro- military institutions. Mr. WARNER. The Senator has sub- vision and who does not and to show Prayer in military environments, as mitted to me an amendment which is the strength of support for this provi- well as in public settings generally, has in our allocation of 12 amendments re- sion. While debating this National De- come into question in recent years. garding the notification that you deem fense Authorization Act, and hereafter, This amendment has specific relation important with military families, let us honor our heroes and those who to the 2004 Supreme Court decision not should they seek to access a military have returned home and those who sac- to hear a case regarding the challenge hospital for the performance of an rificed their lives by standing against by the American Civil Liberties Union abortion by a young person in that those liberals who would seek to chal- to mealtime prayers at Virginia Mili- family. Am I generally correct about lenge their God-given right to pray to tary Institute. that? a living Lord. This follows on a series of cases for 40 Mr. BROWNBACK. That is correct. What I would like to do is yield the years now of an attempt by the hard Mr. WARNER. In studying the floor. First, I ask unanimous consent left in America to have a naked public amendment over the night—now it is that Senator ALLARD be added as a co- square, to have no recognition of a di- not the pending amendment, but I sponsor of the amendment. vine authority, to have no recognition want to bring these issues to the atten- The PRESIDING OFFICER (Mr. of seeking a divine authority or guid- tion of the Senator, in fairness. The GRAHAM). Without objection, it is so ance, but a naked, sterile public Senator, though, appreciates that so ordered. square. That was not contemplated in many of these families, particularly Mr. INHOFE. I understand Senator our Constitution. It called for a separa- those abroad, are often separated be- WARNER, our distinguished chairman, tion of church and state, but not the cause a spouse, male or female, as the wants to speak, as well as Senator removal of church from state which is case may be, the serving member in BROWNBACK. what this seeks to perpetuate. uniform, could be detached from the I yield the floor and retain the re- The mealtime prayer at Virginia family homesite and sent into other mainder of my time. Military Institute was a respected and areas of the globe for periods of time to

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.010 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12563 perform missions. For example, there tings, but it will happen. It is a Federal sent. Consistently I have voted for that is a number of families resident in Eu- issue because it is Federal property, here, but I have an overriding responsi- rope whose spouses are then part of Federal employees, and it is something bility for the men and women in the cadres of individuals going into the I think we should do for military per- military, and this is very unique. Iraq situation, some into the Afghan sonnel so they are in charge of their So I put this aside at this time, Mr. situation. That poses some difficulty, child’s upbringing, and particularly on President, and return to the Inhofe as I see it, in trying to work out a com- something such as this of a significant amendment. I thank my colleague. munication between family members, medical procedure of an abortion. So Mr. BROWNBACK. If I could respond which communication is relative to life we try to take into consideration the to the last question. No, not Federal and death, and very important. very legitimate concerns of the Sen- employees involved in Medicare and I am concerned that we are reaching ator in putting this forward. Medicaid, the other situation. We are down to a very small number of indi- Mr. WARNER. Mr. President, again, I talking about Federal employees on viduals, i.e., the military families, and strongly support the principle and the Federal military facilities. We are try- could be imposing upon them, should goals the Senator is seeking, but I have ing to protect the parents’ rights in this amendment be adopted and be- to be mindful of the practicalities of this, which the chairman did not dis- come law, a difficult situation. I am of military life. It is so different than the pute, but others may dispute, and we an open mind, but I am concerned families who are in our several States, still need to provide another procedure about having that type of legislation wherever they may be, and that, of for the child to go outside the parents’ on this bill. course, brings up another question. rights. I think this is important, and Mr. BROWNBACK. If I could respond Suppose this particular military fam- we have tried to make it workable to my colleague—— ily’s members are residents of a State, within the military system. Mr. WARNER. And then if the Sen- which State thus far has not addressed I thank the Senator. ator would address also the issue of the this issue. This State has no require- Mr. WARNER. I thank my colleague. U.S. Federal district court being a par- ment for the parental consent in that We are going to move swiftly today, ticipant in this situation. State, yet they are now being subjected and issues could be brought up with Mr. BROWNBACK. This is a simple to a Federal law which, of course, very short time limitations on debate. parental notification bill which we would have supremacy over the State That has allowed me the opportunity brought up last time on the Depart- law. But is that not an invasive prac- to express my serious concerns that I ment of Defense authorization bill and tice in the States rights? will have to address in the context of agreed to take it on last year because Mr. BROWNBACK. Again, it is a le- this amendment as the day progresses. of desires to move the bill forward. We gitimate question the chairman asks in I ask unanimous consent we go back have worked on it a great deal. What it these troubling areas. We don’t seem to to the amendment by the Senator from is about is if a child, a dependent of have difficulty with this in any other Oklahoma, Mr. INHOFE. military personnel, seeks an abortion, medical procedure a minor child would The PRESIDING OFFICER. Without they have to get parental notification, ask for, that they have to get their objection, it is so ordered. which most Americans support. Most parents’ notification. If a child lit- AMENDMENT NO. 2440 Americans believe if their child is erally in many places has even very Mr. WARNER. Mr. President, I want seeking a medical procedure of any minor surgery, they have to get paren- to again thank my colleague from type, they should have parental notifi- tal notification. And yet because of the Oklahoma. I think it is a very impor- cation take place. social difficulty and how much we tant amendment. Mr. WARNER. Mr. President, if I wrestle with the issue of abortion, they Mr. President, this is an issue that could interject at this time, personally, don’t there, and they are using Federal must be carefully balanced, the con- my own philosophy is in agreement facilities to do this. I think this is stitutional guarantee of free exercise with the objective. My only concern as wholly appropriate given the use of of religion and the constitutional pro- manager of the authorization bill of Federal facilities. hibition against the establishment of the Department of Defense is that I Remember, too, what we are pro- religion. But it is a longstanding tradi- cannot let my personal beliefs override tecting here is the right of the parent tion at these academies, and I think my judgment as to how best to treat toward their minor child. If the minor the amendment is carefully drafted to these families of our military. child has a very difficult relationship strike a balance in those two impor- Mr. BROWNBACK. I understand that with their parents, they can actually tant considerations. my colleague from Virginia and I, too, take it separately to the court and not Moreover, this amendment deals with have major military bases in our have the parent get approval to do this. the particular circumstances and envi- States. Fort Riley is growing in size as If I were a military person, I would ronment that exist at our service acad- an army unit. It is a place that has want something such as this, that I am emies, those honored institutions with troops all the time in Iraq and Afghani- in charge of my minor child’s upbring- long and storied traditions that have stan, so I see this on a personal basis in ing, and particularly when it comes to the mission of training our next gen- my State. But I also see on a personal surgery and something that is so im- eration of military leaders. A part of basis, if you are deployed there and you portant and difficult as an abortion. that mission is now and always has have a minor child who is seeking an This is for the personnel. been the development of moral char- abortion, that you as the father or Mr. WARNER. Mr. President, I en- acter and the appropriate respect for mother want to be notified about that, gaged my colleague to set forth my religious beliefs and needs of others and we provide this to be done tele- concerns to other Members who are who are entrusted with their leader- phonically so a person does not have to trying to evaluate their positions on ship. be present. The court itself would have this amendment, should it come for- I must draw a little bit on my modest to establish witness or evidentiary ward, and I anticipate at the appro- experience in service on active duty in standards if they want somebody to be priate time the Senator will be intro- periods of two wars. I can tell you my present to be able to determine that ducing it. I question is there any prece- own observation of the importance of this person is there, is the actual one dent in Federal law for requiring pa- religion to individuals, particularly who is seeking this. rental notification, for example, in those serving overseas, and the hard- We also provide a system in here that Medicare, Medicaid, or Federal em- ships they endured either from family a guardian is appointed if needed, and ployee health programs? separation or combat situations or that can be done by the district court I have to move on to this amend- other difficult problems. It is a very without the approval of the parents, ment, but it is a series of very impor- deep feeling these many individuals but they have to go through that pro- tant fundamental questions that has to have about their respective religious cedure to be able to get this done. be addressed in the context of the Sen- traditions and family traditions in reli- We have worked to try to make this ator’s amendment, despite my own per- gion, and it has often been a matter of work with personnel. I think it is going sonal view that I associate myself with life and death to some individuals. to happen in a limited number of set- the Senator about the parental con- Clinging to those strong beliefs has

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.012 S09NOPT1 S12564 CONGRESSIONAL RECORD — SENATE November 9, 2005 pulled them through difficult situa- laid aside to consider amendment No. Mr. LEVIN. Mr. President, I thank tions. 2437. the Senator from Idaho. The two I also stop to think about our acad- Mr. INHOFE. Reserving the right to changes we have proposed to the emies. I have had the privilege over the object, let me ask the author of the re- amendment make it clear that the con- years to visit all of them. I think par- quest what the intention is because I viction of a capital offense, as referred ticularly of the Naval Academy and its want to continue with my discussion. to, could either be State or Federal, magnificent chapel. People come from About how much time does the Senator would have to be a final conviction so all over the world to see the chapel at want to take for consideration of the there is no appeal pending or a pending the U.S. Naval Academy. Just this year amendment? court challenge. And it provides for the I was privileged to be the keynote Mr. CRAIG. I think less than 2 min- possibility of a commutation of that speaker at the dedication of a new utes could solve this issue and we could sentence by a Governor or the Presi- small entrance at the Naval Academy return to the Senator’s amendment. dent. where those of the Jewish faith can go Mr. INHOFE. I have no objection. With those two changes, it will be ac- and quietly exercise their religion and I ask unanimous consent that Sen- ceptable to us, and we can agree it will share their prayers. I encourage any- ator CORNYN be added as a cosponsor of be part of a managers’ package. There one in that area to go and look at these my amendment. was no intent that this be 1 of the 12. two edifices. To me they symbolize the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- importance of religion in our military objection, it is so ordered. ator from Virginia. life. Mr. WARNER. Mr. President, we Mr. WARNER. Mr. President, may I I commend the Senator from Okla- have a technical problem we have to inquire of the proponent of the amend- homa. address with regard to the UC request; ment, I heard him use the term ‘‘mili- I have been informed by the distin- that is, we are operating this bill under tary cemeteries.’’ There are State and guished ranking member that there a UC, 12 amendments each side. This is Federal cemeteries. This amendment is could be an amendment in the second not 1 of the 12. directed at Federal cemeteries? degree and that individual who would Mr. CRAIG. That is correct. Mr. CRAIG. It is the only one over bring it forth is due here in about 20 or Mr. WARNER. Therefore, I think we which we have jurisdiction; that is cor- 30 minute is my understanding, at could go on the bill time for the pur- rect. which time I hope we could finish ad- pose of discussing the Senator’s amend- Mr. LEVIN. As I understand it, na- dressing this amendment such that the ment in the hopes what differences re- tional cemeteries, Federal cemeteries are governed by the amendment. With Senate could vote presumably on the main could be reconciled so this those changes, we will not object to the second-degree amendment and then the amendment could be included as part amendment. In fact, I think there will underlying amendment prior to the of the managers’ agreed-upon package. noon period, although we will not stop Mr. President, let the record reflect be good support for it. Senator MIKUL- consideration of the bill at the time we are not calling this amendment up SKI, as I understand, is a supporter of but would continue. But I hope that within the context of the UC which it. One other comment, Mr. President. It amendment could be agreed to. controls the overall procedure of this is my understanding that both the vet- I see the distinguished ranking mem- bill but that the two Senators are sim- erans organizations and the Veterans’ ber. ply having a colloquy, which is fine. Affairs Committee support this amend- The PRESIDING OFFICER. The Sen- Mr. CRAIG. Mr. President, that is, of ment; is that accurate? ator from Michigan. course, the order. I thank the chairman Mr. LEVIN. Mr. President, I appre- Mr. CRAIG. Mr. President, that is for correcting us in that because we are correct. Full disclosure here: There is ciate the chairman’s comment. I do operating on the broader bill, the un- hope and believe that Senator REED always concern when you restrict ac- derlying bill, under a UC. cess for purposes of burial, but because will in about half an hour be able to ad- This amendment was brought forth we have already established that in dress the issue. I can’t commit to a with the hope that both sides could ac- Federal law and this appeared to be a vote, however, as indicated by the cept it. Our side has accepted it. I loophole, which it was, and an indi- chairman. I believe there is some worked with the ranking member, Sen- vidual, as I so stated, who was con- scheduling issue on this side which ator LEVIN, to resolve a couple of issues victed of murder in two instances in may preclude a vote at the time hoped in it that I think can be accepted. In Maryland was buried this summer in for by the chairman. But let me work that case, I hope it will appear in the Arlington Cemetery, they understand that issue the best I can as to when the managers’ amendment. that clearly, they appreciate that cor- vote would come on this amendment. We would include in the amend- rection. And I am very specific in my I believe Senator CRAIG may have an ment—and we are discussing those who discussions with the Senator from amendment—— are eligible to be buried in military Mr. WARNER. Mr. President, before Michigan that we are talking about cemeteries. We have a prohibition now we depart, I hope the Senator could capital offenses—not all felonies, cap- against those with a Federal capital of- share with me and the Republican lead- ital offenses of this kind. fense lying at rest in our military ership, with the understandable im- I thank both of my colleagues for cemeteries. We found this summer that pediments our two leaders have, with helping us work out this issue. I hope an individual who had been convicted regard to votes and scheduling them. this could be included in the managers’ of murder in two instances in Mary- We want to try to—— amendment. Mr. LEVIN. I hope we could stack land, serving his life sentence in a Mr. LEVIN. Mr. President, if the Sen- votes at some point, including a vote Maryland prison, died and was buried ator will yield further, we have had a on the Inhofe amendment with a sec- in Arlington. We want to correct that discussion, and I received the assur- ond-degree possibility and also—— by saying that Federal or State law, ance from Senator CRAIG, which I very Mr. WARNER. And the Ensign where the final decision—he is found much welcome, that it is not his intent amendment. guilty even under appeal—it has to be that this lead to a broadening of this Mr. LEVIN. And the Ensign amend- a final decision in that instance, and prohibition to include all felonies, but ment as well. I have talked to Senator that under extraordinary cir- it is his intent, both in the amendment CRAIG and you have apparently. cumstances, even though he might be and his personal view, that this should Mr. WARNER. I have. It is such that convicted, a Governor or a President be limited to the capital offense as you and Senator CRAIG can discuss that would commute the sentence. That identified in the amendment. amendment. would be the exception. Mr. CRAIG. That is correct. Mr. CRAIG. Mr. President, may I in- I would be willing to agree to those Mr. LEVIN. I thank the Senator. quire as to the order appropriate that two items to be included in the amend- Mr. WARNER. Mr. President, I would we would discuss and bring up this ment if that is acceptable to all par- like to join Senator CRAIG as a cospon- amendment? ties, and we would so craft it that way. sor on this amendment. Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Sen- This is an example which other Sen- sent that the pending amendment be ator from Michigan. ators may wish to access as to how the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.013 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12565 two managers are willing to work in Mr. President, I have always enjoyed So in training, I say to my friend open colloquy on areas where there are one-sentence amendments because one from Texas, they put a tuft of hay in amendments outside the framework of can’t misinterpret one sentence. I had one boot and a tuft of straw in another the 12 on each side which could pos- one the other day that had to do with boot, and they marched to a cadence of sibly be reconciled, and a part of that the appropriations process. I did one in ‘‘hay foot straw foot.’’ As they stood reconciliation process would be the 1994 that ended up being a major, sig- there and heard the ground shaking as need for an open colloquy. This is a for- nificant reform in the other body. the greatest army on the face of this mat the Senator from Michigan and I I will read this so people don’t mis- Earth approached Lexington and Con- are pleased to entertain where there understand it: cord, they knew by resisting they were are other amendments that a colloquy The superintendent of a service academy signing their own death warrant. They in open session would be helpful in try- may have in effect such policy as the super- knew when they heard the shot heard ing to reach a reconciliation. intendent considers appropriate with respect round the world they were going to win Mr. CRAIG. Mr. President, I thank to the offering of a voluntary, nondenomina- tional prayer at an otherwise authorized ac- in spite of these odds, not even know- the chairman of the full committee and tivity of the academy. . . . ing that a tall redhead stood in the the ranking member for their accom- Some people asked a question about House of Burgesses and made a speech modations. for them and for us today, when he Mr. LEVIN. Mr. President, we thank denominational prayer. Let me share with you—and I think I can read it in asked: How could this frail group of pa- the Senator from Idaho for bringing this period of time—an entire piece by triots defeat the largest army on the this to the attention of the Senate and John Adams. John Adams was the first face of this Earth? He made a very fa- for making this correction. mous speech, but there are three sen- Mr. WARNER. Mr. President, it is Vice President of the United States and the second President of the United tences people have forgotten. They are: also important, with my colleague on Sir, we are not weak if we make a proper the floor, that we are bound by this UC, States. This is what he said on this subject: use of those means which the God of nature 12 amendments on each side, and as we has placed in our power. Three millions of bring up amendments, I carefully des- When the Congress met, Mr. Cushing made people armed in the holy cause of liberty, a motion that it should be opened with pray- and in such a country as that which we pos- ignate, as the Senator from Michigan er. It was opposed by Mr. Jay of New York does, that they are within the 12 each sess, are invincible by any force which our and Mr. Rutledge of South Carolina, because enemy can send against us. Besides, sir, we side has. we were divided in religious sentiments, Mr. LEVIN. If the chairman will shall not fight our battles alone. There is a some Episcopalians, some Quakers, some just God who presides over the destinies of yield on that point because I wish to Anabaptists, some Congregationalists, so nations, and who will raise up friends to affirm and confirm what he has just that we could not join in same set of wor- fight our battles for us. said, that these colloquies, which are ship. Mr. Samuel Adams rose and said, that he was no bigot, and could hear a prayer of And they fired the shot heard round necessary for clearance of amend- the world, and we won. ments, are very useful. We are used to any gentleman of piety and virtue, and at the same time a friend to his country. He We were a nation under God, and we this, all of us in the Senate, engaging was a stranger in Philadelphia, but had depended upon God to win that fight in these kinds of colloquies, and there heard that Mr. Duche deserved that char- and every fight since then. That is why is no intent, for instance, in this last acter and therefore he moved that Mr. I think it is so important today, as a colloquy, that amendment be listed as Duche, an Episcopalian clergyman, might be part of this reauthorization bill, that 1 of the 12 amendments on the Repub- desired to read prayer to Congress to-morrow we reaffirm our ability to train our morning. The motion was carried in the af- lican side. people at our academies to look to Al- Mr. WARNER. Mr. President, I yield firmative. Accordingly he . . . read several prayers in mighty God in the way they deem ap- the floor. propriate, in a way to use that power The PRESIDING OFFICER. The Sen- the established form, and then read . . . the 35th Psalm. You must remember this was the to defend America in their careers. ator from Oklahoma. next morning after we had heard the rumor I retain the remainder of my time, Mr. INHOFE. Mr. President, how of the horrible cannonade of Boston. It Mr. President. I understand there is 3 much time remains on our side? seemed as if Heaven had ordained that Psalm The PRESIDING OFFICER. There is minutes remaining. to be read that morning. The PRESIDING OFFICER. There is 8 minutes 55 seconds remaining. After this, Mr. Duche, unexpectedly to ev- Mr. INHOFE. Mr. President, I don’t erybody, struck out into extemporary pray- 2 minutes remaining. Mr. WARNER. Mr. President, the dis- know of anyone who is going to be er, which filled the bosom of every man tinguished Senator from Texas in- wanting time to speak against this present. Here was a scene worthy of a painter’s art. quired of the managers if he could ad- amendment. I inquire of the ranking It was in Carpenter’s Hall, in Philadelphia. dress an issue that is tangential to our member if he knows of anyone who is . . . Washington was kneeling there, and national security. I ask unanimous going to be speaking in opposition to Henry, and Randolph, and Rutledge, and Lee, consent that he be allowed to speak as this amendment? and Jay; and by them stood, bowed in rev- in morning business, thereby not tak- Mr. LEVIN. Mr. President, I do be- erence, the Puritan patriots of New England, lieve there is at least one Member on who, at that moment had reason to believe ing time off the bill, and that would be this side who will be offering or consid- that armed soldiery was wasting their hum- for not to exceed 10 minutes. The PRESIDING OFFICER. Without ering a second-degree amendment. bled households. It was believed that Boston Mr. INHOFE. Or another first-degree had been bombarded and destroyed. They objection, it is so ordered. amendment. That is fine. In opposition prayed fervently for America, for Congress. The Senator from Texas is recognized ... to this amendment, though. for 10 minutes. Mr. LEVIN. The second-degree I think that is very significant. UNITED STATES-INDIA RELATIONS amendment—however one wants to I read an article the other day that Mr. CORNYN. Mr. President, I thank characterize it—I do understand there was very interesting. It was an article the distinguished chairman of the Sen- is a second-degree amendment possible. by a military historian who said that ate Armed Services Committee and the Mr. INHOFE. I understand there is 8 the Revolutionary War could not have distinguished ranking member for this minutes remaining; is that correct? been won. He goes back and talks accommodation. This is an important The PRESIDING OFFICER. That is about the same thing that John Adams matter that does relate directly to our correct. was talking about, about this tremen- national security and that has to do Mr. LEVIN. So we do not mislead our dous army, the greatest military force with the remarkable progress that friend from Oklahoma, there may very on the face of this Earth marching up United States-India relations have well be Senators of whom I am not to Lexington and Concord. Our soldiers made over the last several years and aware who would want to speak in op- at that time were not really soldiers; the path that lies ahead. position. they were hunters and trappers, and As my colleagues know, Prime Min- Mr. INHOFE. In that there is no one they were armed with just basic and ister Singh visited Washington in July on the floor right now, if it is all right crude equipment. We remember the for a historic state visit. This event with the chairman and ranking mem- story that most of them couldn’t read marked a critical milestone in our im- ber, I will conclude my remarks. or write. proving relationship, but the Congress

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.014 S09NOPT1 S12566 CONGRESSIONAL RECORD — SENATE November 9, 2005 needs to help ensure that this relation- The fact is, this agreement will en- civilian nuclear energy cooperation an ship reaches its full potential. Presi- hance our nonproliferation efforts. It is opportunity to satisfy these growing dent Bush has made it a fundamental correct that India is not a signatory to energy needs without environmental foreign policy objective to move United the NPT. They have decided, for their hazards of relying solely on fossil fuels. States-India relations to a new level own national security reasons, that In short, this agreement is important and plans to visit India in the near fu- they will not become a party to the to our growing international strategic ture. treaty, and no amount of international partnership and for India’s domestic India is the world’s largest democ- pressure, persuasion, or cajoling will energy needs. racy, and our two great nations share convince them to do otherwise. This is Although the administration’s nego- many common values and common be- a reality which we face, but the status tiations with the Indians are ongoing liefs. It is only appropriate, then, that quo for another 30 years is not accept- regarding the implementation of these the United States and India become able either. commitments, I am confident that we true strategic partners as we move into Recognizing this reality, we must are on the right track. I look forward the 21st century. Fortunately, the days ask ourselves what we can do to pro- to the role that Congress will play in of the Cold War when the United States mote nonproliferation efforts with this important process. and India were at odds are long past. India and bring them within the inter- I yield the floor and I suggest the ab- Today, the United States and India national nonproliferation regime. The sence of a quorum. share a common vision for the future civil nuclear cooperation agreement The PRESIDING OFFICER. The as we battle terrorism together and the provides the answer. Despite not sign- clerk will call the roll. proliferation of weapons of mass de- ing the NPT, the Nuclear Non-Pro- The legislative clerk proceeded to struction, HIV/AIDS, and a host of liferation Treaty, India has an excel- call the roll. other challenges that face our world. lent nonproliferation record. They un- Mr. REED. Mr. President, I ask unan- The United States is fortunate to derstand the danger of the prolifera- imous consent the order for the have many Indian Americans who have tion of weapons of mass destruction, quorum call be rescinded. helped bring our two nations closer to- and that is why India has agreed to ad- The PRESIDING OFFICER. Without gether. There are 2 million people of here to key international nonprolifera- objection, it is so ordered. Indian origin in the United States, ap- tion efforts on top of their own strin- Mr. REED. Mr. President, I believe proximately, many of whom are now gent export control regime. we are on the Inhofe amendment pend- U.S. citizens. There are about 200,000 This is a significant step forward, ing before the Senate? Indian Americans in my State of Texas which has been welcomed by the Inter- The PRESIDING OFFICER. That is alone. Nearly 80,000 Indian students are national Atomic Energy Agency Direc- correct. studying in our Nation’s colleges and tor, Mohamed El-Baradei, who under- AMENDMENT NO. 2440 universities. Their contributions to our stands that India will not come into Mr. REED. Mr. President, I rise to Nation and our relationship have been the NPT through the normal route. address some of the issues that have remarkably positive. This agreement brings India’s growing been presented by the amendment of I will spend just a moment talking civilian nuclear capabilities within Senator INHOFE. I do so with some per- about an important agreement that international export control regimes. spective on issues of prayer at service was reached last July between Presi- India will now assume the same non- academies. I spent 4 years as a cadet at dent Bush and Prime Minister Singh proliferation responsibilities that West Point, 2 years as a faculty mem- that will require congressional ap- other nations have with civil nuclear ber at West Point, and today I am the proval to implement. This agreement, energy. Specifically, India has agreed chairman of the board of visitors at known as the Civil Nuclear Coopera- to identify and separate civilian and West Point. I am the first to recognize tion Initiative, will help India with its military nuclear facilities and pro- the importance of prayer, not only in energy needs and help bring India into grams and file with the IAEA a dec- the life of the service academies but in the mainstream of international nu- laration with regard to its civilian fa- the life of people everywhere. clear nonproliferation efforts, both of cilities. It has agreed to place volun- Over the course of 200-plus years of which are worthwhile goals. tarily its civilian nuclear facilities history, prayer has become an impor- While it is true that the agreement under IAEA safeguards. It has agreed tant aspect of life, not only at West on civil nuclear cooperation is a sig- to sign and adhere to an additional pro- Point but at Annapolis and other insti- nificant departure from previous U.S. tocol with respect to civilian nuclear tutions. policy, still it represents a positive facilities. And it has agreed to con- Interestingly enough, when I was a step as we grow in our strategic rela- tinue its unilateral moratorium on nu- cadet, there was a much more signifi- tionship with the nation of India. For clear testing. cant structure of religious participa- more than 30 years, the United States Furthermore, it has agreed to work tion. We were actually ordered to go to and India have disagreed over India’s with the United States for the conclu- chapel, ordered to participate in activi- decision not to sign the Nuclear Non- sion of a multilateral fissile material ties. That was struck down in 1972 as Proliferation Treaty. As such, the cutoff treaty. It has agreed to refrain an unconstitutional infringement. United States has not cooperated with from the transfer of enrichment and re- This is a very difficult issue because India on the issue of civilian nuclear processing technologies to states that it does implicate serious constitutional power. do not have them and support efforts concerns, as well as the desire to main- In short, we have been at a stale- to limit their spread. tain the traditions and the customs of mate, which has neither served our Finally, India has agreed to secure the military and the service academies. nonproliferation goals nor helped In- nuclear materials and technology Interestingly enough, my perspective dia’s need for energy resources. Fortu- through comprehensive export control now, after about 30 years, is that the nately, a civil nuclear cooperation legislation and adherence to the Mis- faith communities at West Point are agreement will allow us to move for- sile Technology Control and Nuclear even more vital and vibrant today than ward in a way that serves both the in- Suppliers Group. years ago when cadets literally were terests of the United States and the in- Each of these commitments rep- ordered to participate in religious ac- terests of India. resents a positive step forward. India, tivities. In fact, last summer, as part of In order to implement this agree- which is no stranger to international the operations of the board of visitors, ment, Congress will need to approve. terrorism itself, is motivated by its I asked that the chaplains come to- The fundamental question before Con- own security needs to fight prolifera- gether on an informal basis, and we gress will be why should we allow civil- tion of nuclear weapons. The same is talked about religious participation at ian nuclear cooperation with India true of the United States. Both na- West Point. What I heard from the when they refuse to sign the Nuclear tions, as well, are dependent on oil im- chaplains is that it is alive and well, Non-Proliferation Treaty? And will we ports to satisfy the needs of their that it is something important to the not be somehow undermining our own economies and to create jobs for their individual lives of cadets and to the nonproliferation efforts? people. Both nations, therefore, see in community at West Point. That is why

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.016 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12567 I think, as we try to legislate these ac- of the academy a pronounced and sec- to more explicitly reflect that clear, tivities from the perspective of the tarian religious approach. I think we and I think obvious, fact. U.S. Congress, we might be inviting are all familiar with many of the sto- As I mentioned before, the Secretary more problems than we are solving. ries from the Air Force Academy. of Defense is dealing today with the As I look at the amendment of Sen- As a result, the Secretary of Defense issue of religious activities at the Air ator INHOFE, it speaks of voluntary, has issued interim guidance with re- Force Academy. He has also indicated nondenominational prayer at otherwise spect to proselytization and other reli- that, if his interim guidelines are prac- authorized activities of the academy, gious activities. I would note that the tical, workable, and appropriate in his subject to the limitations of the Sec- language of Senator INHOFE recognizes view, that he intends to extend those retary of Defense, more or less. The the right of the Secretary of Defense to to the other service academies, effec- real problem in the context of military do that. In fact, I would assume it tively doing what this legislation is activities is, what is voluntary? There lends further support and credence to proposing to do. I think we should give is a strong sense that there is not much the guidance that he is developing and the Secretary of Defense a chance to do that is voluntary in the military. Any- will issue because, as the language that. I think he is working in a way one who has served on active duty un- says, ‘‘subject to such limitations as that is evenhanded, appropriate, recog- derstands that even in some cases vol- the Secretary of Defense may pre- nizing that soldiers are bound by the unteering isn’t voluntary. I know I had scribe.’’ Constitution. That is their duty. That a first sergeant in the 82nd Airborne I think what we are seeing, in terms is their obligation. Division who would walk in and pick of this legislation, is several results I say if we march down this road, I three people and inform them they had which might be unintended by those think we are raising serious issues that just volunteered. That is a cultural as- who are supporting it. First, I think are going to complicate the facts even pect and a legal aspect of military rather than clarifying and settling the more than they are today. So I hope we service. So even though this speaks to issue of religious expression at the could wait. I hope we could wait until voluntary, nondenominational prayer, service academies, it will prompt fur- these guidelines have been fully vetted the real issue in the context of the ther discussion, debate, and perhaps by the Secretary and he has made a de- military is, Is it voluntary? even litigation. Second, it does specifi- cision with respect to their propriety, That issue is now being debated. One cally recognize that there is an ongo- their appropriateness. Indeed, once of the reasons prompting this par- ing process by the Secretary of Defense again, as the amendment suggests, ul- ticular legislative amendment is the to redefine appropriate modes of reli- timately whatever the superintendents fact that the Naval Academy has been gious expression at the academies. of the academies do will be subject to questioned about a prayer at their And, as I read it, it does give sanction the guidance of the Secretary of De- luncheon meal. Whether it is non- to those activities—in fact, legal sanc- fense. Frankly, that guidance today, if denominational is not the point. The tion to those activities. you look at it, is drawing mixed re- question is whether it is voluntary. I So for many reasons I think the leg- views from both the proponents of the do not think we are going to escape islation is not the most appropriate separation of church and state and that analysis and that issue by passing way to deal with this issue. Ulti- those who want a much more aggres- this legislation. In fact, my fear is by mately, my sense is that these issues, sive posture when it comes to religious passing this legislation we are going to because they are dominated by con- expression in public places. Maybe that essentially invite litigation about a stitutional concerns, will be settled in is a good sign. Maybe the Secretary has whole series of religious expressions at court, not by legislative enactment. struck that balance between the con- service academies, not just prayer in There is nothing we could do legisla- stitutional demands of separation of the mess hall at lunch but prayer at tively to correct such constitutional church and state and the individual’s graduation ceremonies, at promotion faults. I think to try to do that mis- desires and needs to express themselves ceremonies—all of that. construes what we are about and what to the Divine. Frankly, on a practical basis, this we could practically do. I hope we could forbear on this one. If legislation is not necessary. First, the As a result, I hope this legislation not, then I think we have to make superintendents already have the au- could be withdrawn, but I suspect that some changes in the text to reflect the thority to prescribe what is happening is not the case. So I think we should overarching constitutional imperatives at the academies—either explicitly or make some changes in the legislation that are at the heart of this debate. implicitly the current religious expres- in that at least reflects the fact that I retain the remainder of my time sion at the academies is being author- all of us are bound by the Constitution and yield the floor. ized by the superintendents. of the United States. Mr. INHOFE. If the Senator will Also, I think, given the fact that Again, I have been involved with yield, I inquire of the Senator, he has they are doing this and it seems to be these academies since I was 17 years used some of the time in opposition working fairly well, this legislation old. I have seen personally the impor- speaking to this amendment. Is the does not give them any more authority tant role that prayer and religion play Senator’s desire to have another than they have already. As I suggested in the lives of cadets, soldiers, and offi- amendment on the same subject to be previously, it raises, certainly, the pro- cers. I recognize and cherish the cus- introduced separately from this? file, so it might engender the kind of toms of these academies, and these tra- Mr. REED. My preference would be to controversies that will lead to seri- ditions. I think it is unfortunate that try to amend the Senator’s amend- ously questioning and perhaps cutting we may unwittingly be starting a dy- ment. back existing religious expression at namic that will seriously erode these Mr. INHOFE. Mr. President, we have these service academies. So I do not customs and traditions, and I think a problem. think, as a matter of either policy or of perhaps to the detriment of the acad- Mr. REED. Mr. President, I yielded good sense, this legislation is in order emies and to the military service and to the Senator. Would he like to use or necessary. to the young men and women who his time? I retain the remainder of my In addition, what is happening at the proudly wear the uniform of our Armed time. academies now is not so much the sole Forces. So I hope we can avoid that. Mr. INHOFE. Mr. President, I under- issue of the propriety of prayer or reli- But I think, also, we have to recog- stand I only have a couple of minutes gious expression at different authorized nize that we are all governed, particu- left, so let me very quickly say right activities. There is another big issue larly when it comes to issues of prayer now: There is a problem. In the Air out there that we have to recognize. It in the public space, by the Constitution Force all they have is a 20-second pe- comes from the recent activities at the of the United States, and that there is riod of silence. I don’t call that a pray- Air Force Academy, where there have nothing, as I said before, that we can er. At West Point they do not even been serious reports about proselytiza- do that can insulate activities within have a period of silence. They say you tion, of superior officers using their the military from the Constitution. can pray, but everyone else is talking. rank and position to try to proselytize There is nothing we should do. I think This is not a prayer. I think a problem cadets, to try to insert in the activities whatever language we adopt today has is there.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.023 S09NOPT1 S12568 CONGRESSIONAL RECORD — SENATE November 9, 2005 I think the argument that this might gree amendment, allowing Members to icy as the superintendent considers appro- raise the profile is not a valid argu- vote essentially on my amendment priate with respect to the offering of a vol- ment. I have heard it before. In 2003 the first, then voice vote the amendment of untary, nondenominational prayer at an oth- erwise authorized activity of the academy, ACLU requested specifically that the the Senator from Oklahoma—if it suc- subject to the United States Constitution prayers stop. In 2005 the Anti-Defama- ceeds, then the underlying amendment. and such limitations as the Secretary of De- tion League did the same thing. The That was my preference. fense may prescribe. attack is there. Mr. INHOFE. There would be side-by- (b) SERVICE ACADEMIES.—For purposes of This is a very simple, one-sentence side amendments. this section, the term ‘‘service academy’’ solution to the problem. At the appro- Mr. REED. No. My preference is that means any of the following: priate time, in fact, right now, I urge we entertain a second-degree amend- (1) The United States Military Academy. the adoption of this amendment and (2) The United States Naval Academy. ment and vote, and if the second-degree (3) The United States Air Force Academy. ask for the yeas and nays. amendment is agreed to, then the un- Mr. WARNER. Madam President, I The PRESIDING OFFICER (Ms. derlying amendment would be voted MURKOWSKI). Is there a sufficient thank my two colleagues. on. There would be a series of votes. Have the yeas and nays been ordered? second? There is a sufficient second. Mine would be voted on first. The PRESIDING OFFICER. The yeas The yeas and nays were ordered. Mr. INHOFE. I object to that course. and nays have been ordered. Mr. INHOFE. It is not my intent to I suggest the absence of a quorum. Mr. WARNER. I thank the Presiding proceed until we start several votes at The PRESIDING OFFICER. The Officer. a later time, I say to my good friend clerk will call the roll. I am about to propound a unanimous from Rhode Island. The legislative clerk proceeded to consent request which I understand is The PRESIDING OFFICER. Who call the roll. cleared on both sides. yields time? Mr. INHOFE. Madam President, I ask I ask unanimous consent that at 2:45 Mr. WARNER. Madam President, we unanimous consent that the order for today, the Senate proceed to a vote in need to inquire as to the issues of the the quorum call be rescinded. relation to the Inhofe amendment No. proponent of the amendment, as to the The PRESIDING OFFICER. Without 2440, as modified, to be followed by a allocation of time. What is his desire objection, it is so ordered. vote in relation to the Ensign Amend- on that? Mr. INHOFE. Madam President, I ment, No. 2443; provided that there be 6 Mr. INHOFE. I would say to the have read the suggested change that minutes for debate equally divided in chairman, I think the allocation of the distinguished Senator from Rhode the usual form prior to the first vote time has already taken place. I have Island has to my amendment. If it is and 6 minutes equally divided for de- used my time. I have not yielded back his intention not to offer another bate prior to the second vote, with no the remainder of my time. I probably amendment on this subject matter but second degrees in order to either only have 30 or 40 seconds left. It is my merely to amend mine, I will accept amendment prior to the vote. desire to get a vote on this amend- that. I would yield the remainder of my Mr. DAYTON. Madam President, re- ment, if the distinguished Senator time, and we would have one vote to serving the right to object. from Rhode Island has an amendment take care of it. Mr. WARNER. I think we are cleared. that we get a vote on his amendment, Mr. REED. Madam President, I sug- Mr. DAYTON. We need to discuss the and whatever the allocation of time is gest the absence of a quorum. amount of time on the Ensign amend- at that point, we will exercise that. The PRESIDING OFFICER. The ment. Mr. WARNER. Madam President, clerk will call the roll. Mr. WARNER. I think everything has that sounds like a reasonable request. The legislative clerk proceeded to been cleared. Mr. DAYTON. No objection. Can the Senator from Rhode Island ad- call the roll. vise the Senate? Mr. ENSIGN. Madam President, prior Mr. REED. Madam President, I ask to having the 6 minutes prior to the Mr. REED. Let me understand. Is it unanimous consent that the order for in order now for me to propose a sec- vote but between now and the time the quorum call be dispensed with. that votes will occur, will there also be ond-degree amendment which would The PRESIDING OFFICER. Without then require just a short explanation time to debate my amendment? objection, it is so ordered. Mr. WARNER. Madam President, I and debate, and then we can move to a Mr. REED. Madam President, the presume there will be an opportunity. vote on the second-degree amendment, Senator from Oklahoma has offered to We are making progress. But there are and then on the underlying amend- modify his amendment the way I sug- junctures at which time Senators can ment? gested and then, having modified the address various aspects of the bill, in- Mr. WARNER. That would be the de- amendment, schedule votes. I have no cluding the distinguished Senator from sire of the manager. objection to that. Nevada. I wish to inquire of the proponent. Mr. INHOFE. Madam President, that Mr. ENSIGN. Madam President, may Does he agree to the course of action? seems very acceptable to me. I ask unanimous consent it be modified Mr. INHOFE. Would the Senator I will read the modification on page 2 so that at least 15 minutes between please repeat that course of action? of the amendment. On line 2, insert the now and the vote would be reserved for Mr. REED. We are agreeing, as I un- following: ‘‘the United States Constitu- debate on the Ensign amendment? derstand it, that as soon as the Senator tion and . . . ’’ I have no objection to Mr. WARNER. Madam President, I yields his remaining time, it would be that. am willing to accede to that. Would in order for me to offer a second-degree AMENDMENT NO. 2440, AS MODIFIED that time be equally divided? amendment. I will do so. I will speak I send this amendment to the desk Mr. ENSIGN. Yes. briefly on the second-degree amend- and ask unanimous consent that it be Mr. WARNER. Fifteen minutes be- ment, and I think it would be in order so modified. tween now and 2:45 be reserved for a de- to either entertain additional debate The PRESIDING OFFICER. Without bate on the Ensign amendment, 15 min- by the Senator from Oklahoma and objection, it is so ordered. utes equally divided. others or to set a time for a vote. The amendment (No. 2440), as modi- The PRESIDING OFFICER. Is there Mr. INHOFE. My preference would be fied, is as follows: objection? Without objection, it is so to go ahead and have this as a first-de- ordered. gree amendment, offering the amend- (Purpose: To ensure by law the ability of the Mr. WARNER. I ask the Presiding Of- military service academies to include the ment of the Senator from Rhode Island offering of a voluntary, nondenominational ficer if that is in place, as modified as a first-degree amendment, and if he prayer as an element of their activities) with the 15 minutes? desires to have a vote on his first, I At the end of subtitle G of title X of divi- The PRESIDING OFFICER. That is would have no objection. sion A, add the following: correct. Mr. WARNER. I thank the Chair. Would that satisfy the Senator from SEC. 1073. PRAYER AT MILITARY SERVICE ACAD- Rhode Island? EMY ACTIVITIES. AMENDMENT NO. 1563, AS FURTHER MODIFIED Mr. REED. I think the most efficient (a) IN GENERAL.—The superintendent of a I ask unanimous consent that the course is simply to allow my second-de- service academy may have in effect such pol- previously agreed to amendment No.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.024 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12569 1563 be further modified. I send that The PRESIDING OFFICER. Without The PRESIDING OFFICER. They modification to the desk. There was a objection, it is so ordered. have not been ordered. technical error in the preamble. There Mr. DAYTON. I thank the Chair. Mr. ENSIGN. I ask for the yeas and is no change in the substance of the I yield the floor, and I suggest the ab- nays. amendment. sence of a quorum. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without The PRESIDING OFFICER. The sufficient second? objection, it is so ordered. clerk will call the roll. There is a sufficient second. The amendment (No. 1563), as further The legislative clerk proceeded to The yeas and nays were ordered. modified, is as follows: call the roll. Mr. ENSIGN. I yield the floor. On page 357, after line 20, insert: Mr. LEVIN. I ask unanimous consent AMENDMENT NO. 2473 TO AMENDMENT NO. 2433 PART II—NAVY CONVEYANCES that the order for the quorum call be Mr. DURBIN. Madam President, SEC. 2851. LEASE OR LICENSE OF UNITED STATES rescinded. there is a pending amendment offered The PRESIDING OFFICER. Without NAVY MUSEUM FACILITIES AT WASH- by Senator CHAMBLISS numbered 2433 INGTON NAVY YARD, DISTRICT OF objection, it is so ordered. COLUMBIA. which I am going to seek to amend. AMENDMENT NO. 2443 (a) LEASE OR LICENSE AUTHORIZED.— With the permission of the Presiding Mr. LEVIN. Mr. President, relative (1) IN GENERAL.—The Secretary of the Navy Officer, I would speak to that issue at may lease or license to the Naval Historical to the amendment of the Senator from this moment. We are working with the Foundation (in this section referred to as the Nevada, I had one question. Section 1 Parliamentarian on the exact number ‘‘Foundation’’) facilities located at Wash- of Executive Order 11850 states the fol- of this amendment we will be offering. ington Navy Yard, Washington, District of lowing: There is no agreement at this time. If Columbia, that house the United States The Secretary of Defense shall take all I might, I want a few minutes to speak Navy Museum (in this section referred to as necessary measures to ensure that the use by the ‘‘Museum’’) for the purpose of carrying to the amendment I am offering, if that the Armed Forces of the United States of would meet with the approval of the out the following activities: any riot control agents and chemical herbi- (A) Generation of revenue for the Museum cides in war is prohibited unless such use has Senator from Nevada. through the rental of facilities to the public, Presidential approval in advance. Mr. ENSIGN. I have spoken to the commercial and non-profit entities, State Is there anything in the Senator’s manager of the bill, and he would like and local governments, and other Federal to accommodate the ability of the Sen- agencies. amendment which purports or is in- tended to modify or change in any way ator to have the secondary amendment (B) Administrative activities in support of offered before all time is yielded back. the Museum. that executive order? When the Senator is ready—I have spo- (2) LIMITATION.—Any activities carried out Mr. ENSIGN. Madam President, I say at the facilities leased or licensed under to my friend from Michigan, our ken to the chairman and he is willing paragraph (1) must be consistent with the amendment seeks to clarify and to re- to work on that. operations of the Museum. inforce the Executive Order No. 11850, Mr. DURBIN. For the information of (b) CONSIDERATION.—The amount of consid- including section 1, as well as the ex- my colleagues, the amendment we are eration paid in a year by the Foundation to going to offer to the Chambliss amend- the United States for the lease or license of amples in (a), (b), (c), and (d), used as examples where the riot control agents ment is designated as 2473. facilities under subsection (a) may not ex- Madam President, most Senators are ceed the actual cost, as determined by the are able to be used. Secretary, of the annual operation and main- It is very clear that our military is probably unaware of the real dif- tenance of the facilities. allowed to use riot control agents ferences between the military retire- (c) USE OF PROCEEDS.— based on this Executive order in these ment system for Reserve components (1) DEPOSIT OF PROCEEDS.—The Secretary particular examples as a defensive compared to Active components of our shall deposit any amounts received under military forces. A person who joins the subsection (b) for the lease or license of fa- mode to save civilian lives, for exam- ple. active-duty military and has 20 years cilities under subsection (a) into the account has the option to retire at that point for appropriations available for the oper- We are trying to clarify for our mili- ation and maintenance of the Museum. tary and ask the Defense Department and draw half their pay. A young per- (2) AVAILABILITY OF AMOUNTS.—The Sec- to lay out clear guidelines and clear son at age 18, with 20 years in service— retary may use any amounts deposited under training so the average person on the age 38, still relatively young, moves on paragraph (1) to cover the costs associated ground knows exactly when they can to a new career, new source of in- with the operation and maintenance of the and when they cannot use these riot come—still receives half of their mili- Museum and its exhibits. control agents. tary pay. (d) ADDITIONAL TERMS AND CONDITIONS.— Mr. LEVIN. I agree with that pur- For a member of the Guard and Re- The Secretary may require such additional serve, it is different. As you might ex- terms and conditions in connection with the pose. I want to be absolutely certain lease or lease of facilities under subsection that all parts of the Executive order, pect, retirement pay from a part-time (a) as the Secretary considers appropriate to including the specific requirement of career is lower than at the end of a protect the interests of the United States. section 1, continue and are not pur- full-time active-duty career. It makes PART III—AIR FORCE CONVEYANCES ported in any way to be changed by the sense. Mr. WARNER. Madam President, we Senator’s amendment. The major difference, however, lies in are making progress on this bill. I Mr. ENSIGN. The Senator is correct; the length of time the reservist retiree thank all Senators for their coopera- we are not trying to change any part of must wait to start to receive retire- tion. It is my hope that in the inter- the Executive order. All we are trying ment pay. Under the current system, a vening period between now and the to do is to clarify it so the average sol- person who completes 20 years in the hour of 2:45, subject to the unanimous dier, marine on the ground knows ex- Reserve component becomes eligible to consent of 15 minutes, that other Sen- actly when they can and when they receive retired pay but cannot begin to ators can come to the Chamber and ad- cannot use it. draw the pay until they reach the age dress the managers regarding the tim- We are calling on the Defense Depart- of 60. In the Reserves, a young person ing of the remaining amendments ment to clarify for them so this very age 18 can enlist, complete 20 years of under the unanimous consent providing valuable tool to save lives, both civil- dedicated service to our country, and 12 amendments on each side. ian and military, can be employed for a at the end of 20 years reach the age of I yield the floor. defensive purpose. 38 and retire. But that person has to The PRESIDING OFFICER. The Sen- Mr. LEVIN. I believe that is a very wait 22 years before receiving the first ator from Minnesota. useful purpose. I support that purpose. penny of retirement pay. Mr. DAYTON. Madam President, I I support the Senator’s amendment That is entirely too long. Many have ask unanimous consent that Senators with that assurance. I don’t know recognized the system needs to be BURNS, THOMAS, ENZI, DORGAN, and whether the Senator requested a roll- changed. The Military Officers Associa- HATCH be listed as original cosponsors call, but if so we will support that roll- tion, Reserve Officers Association, Na- of amendment No. 2448, which was call. tional Guard Association, Enlisted As- agreed to yesterday by unanimous con- Mr. ENSIGN. Have the yeas and nays sociation, the National Guard, all have sent. been ordered? called for Reserve retirement age to be

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.026 S09NOPT1 S12570 CONGRESSIONAL RECORD — SENATE November 9, 2005 reduced from age 60 to 55. There have We can do better for our men and dent of the National Guard Association been several Senate proposals to ac- women in uniform. of the United States, be printed in the complish it. The amendment I offer is a sub- RECORD. I offered this bill in the last Con- stitute approach. Under my amend- There being no objection, the mate- gress. Senators Corzine and Graham in- ment, members of the National Guard rial was ordered to be printed in the troduced bills in the current Congress. and Reserve are encouraged to stay in RECORD, as follows: I am a cosponsor of both bills. All are the force by offering them a 1-year re- NATIONAL GUARD ASSOCIATION OF worthy approaches to accomplish our duction in the retirement age for every THE UNITED STATES, INC., goal. year of service beyond 20 years. That is Washington, DC, November 8, 2005. Unfortunately, the plan that has an incentive to stay in the force. A re- Senator RICHARD DURBIN been offered in the form of the amend- servist can begin to draw retirement Dirksen Senate Office Building, Washington, ment by the Senator from Georgia, DC. pay as early as age 55, but in order to DEAR SENATOR DURBIN: I am writing on be- Senator CHAMBLISS, falls short of being do so, they would need to serve an ad- half of the members of the National Guard a good age 55 Reserve retirement pro- ditional 5 years. Association of the United States (NGAUS) in posal. In fact, I have some concerns By providing a way for reservists to support of your amendment to reduce the and I offer an alternative approach. draw retirement pay at age 55 rather age at which reserve component members re- The Chambliss amendment offered a than being forced to wait until age 60, ceive their retirement pension. modest reduction in the retirement age An active component member retiring at this amendment brings the retirement 20 years of service may receive a pension im- and then only offers it to about half age for reservists down to the Federal mediately upon retirement. A reserve com- the members of the Guard and Reserve. civil service retirement age, as was in- ponent member serving the same amount of Under the Chambliss amendment, half tended when the reservist retirement years cannot. Reducing the age from 60 to 55 of all reservists still draw no retire- age was set 50 years ago. Our reservists will be a big step in mitigating this dis- ment pay until the age of 60. It rewards make tremendous sacrifices. They risk parity. A more equitable retirement program only those who are called up. There is their lives in combat zones. And, in far will aid greatly in recruiting and retaining little or no incentive to stay. This too many instances, they give their members in the National Guard. When the age limit for receipt of retired pay by Na- amendment lowers the retirement age lives for our country. At the very least, tional Guard members was set decades ago, for those called up for an extended pe- they should have the same retirement the National Guard was not relied upon the riod in support of major military oper- age as Federal civil servants. way it is today. ations and then only reduces the re- By replacing the current, inflexible The objective of NGAUS is to support the tirement age by 3 months for every 3 approach with a sliding scale that pro- reduction of the age for retirement eligi- months the member spends on duty. vides earlier receipt of retirement pay bility from its current level. At this point, more than 450,000 re- I look forward to working together in sup- in exchange for more years of service, port of a strong and viable National Guard. servists have been mobilized since Sep- we can create a powerful system of in- Again, on behalf of the members of NGAUS, tember 11, 2001. Over 330,000 have been centives to retain our personnel and thank you for all your hard work on our be- deployed overseas. But we must re- maintain a strong Reserve. half. member, there are roughly 860,000 This is the approach my amendment Sincerely, members in the select Reserve. That is, takes. STEPHEN M. KOPER, members of the National Guard and Many of my Republican and Demo- Brigadier General, USAF, (Ret.), President. Reserve who dedicate a minimum in cratic colleagues who, like me, are co- The PRESIDING OFFICER. The Sen- service in the Reserve of 1 weekend sponsors of S. 337, the Guard and Re- ator from Michigan. each month plus 2 weeks each year to serve Retention Act, introduced earlier Mr. LEVIN. Madam President, if maintain military readiness. So while this year by my friend and distin- there is no one prepared at this time to roughly half of our reservists have been guished colleague, the Senator from speak on the Durbin amendment, I ask called up for duty, about half of them South Carolina, will no doubt recognize unanimous consent that the Senator have not. They have continued to per- this concept. The mechanisms are very from Wisconsin be permitted to speak form every weekend, gone to their an- similar. as in morning business for 5 minutes. nual training periods. I invite my colleagues from both The PRESIDING OFFICER. Without For this segment of our dedicated sides of the aisle to join me in making objection, it is so ordered. force, I am afraid the Chambliss a meaningful reform of the Reserve re- The Senator from Wisconsin. amendment does nothing at all. A re- tirement age—one that encourages (The remarks of Mr. KOHL pertaining tirement system should create an in- long and continued services, not simply to the introduction of S. 1979 are print- centive to serve. The Chambliss rewarding after mobilization; one ed in today’s RECORD under ‘‘State- amendment rewards mobilization but which will incentivize all of the force ments on Introduced Bills and Joint does nothing to create the incentive for to stay in service longer, not just the Resolutions.’’) Mr. KOHL. Madam President, I yield further service. It simply provides a fu- half—roughly, 50 percent—who are the floor. ture benefit to those who get called up. tapped for a callup. Mr. LEVIN. Madam President, I sug- We want to honor the members of the The amendment is endorsed by some gest the absence of a quorum. Guard and Reserve who are selected in significant groups: the National Guard The PRESIDING OFFICER. The order to go overseas. Yes, we want to Association of the United States, the clerk will call the roll. reward service that takes members of Military Officers Association of the The assistant legislative clerk pro- the Guard and Reserve away from their United States, the Reserve Officers As- ceeded to call the roll. families and careers for a year and puts sociation, the Enlisted Association of Mr. LEVIN. Madam President, I ask them in harm’s way. But we must ask the National Guard of the United unanimous consent that the order for ourselves if such a modest adjustment States. the quorum call be rescinded. in the retirement pay eligibility age is I ask my colleagues, as you consider The PRESIDING OFFICER. Without the best way to do it. the Chambliss amendment and my objection, it is so ordered. With recruiting targets being missed modification to that amendment, keep Mr. LEVIN. Madam President, I ask by our Reserve components and reten- in mind the organizations that rep- unanimous consent that Senator DOR- tion holding steady, but under severe resent the men and women in uniform GAN be allowed to proceed as in morn- pressures, what we need to do is to re- in the Reserve, who are literally serv- ing business for 5 minutes, and that vise the retirement system so that it is ing our country and risking their lives, then Senator DORGAN be recognized to both fairer to members of the Guard believe the approach I am suggesting is offer an amendment relative to—I and Reserve and a more powerful in- preferable. I hope my colleagues will think he is calling it a Truman-like centive to continued service. We should feel the same. commission. I have talked to Senator make changes to the system which re- Madam President, I ask unanimous ENSIGN, and that is agreeable with the ward long and continued service, not consent that the letter from Stephen majority. just volunteering—or being involun- Koper, retired brigadier general from The PRESIDING OFFICER. Without tarily selected—for a mobilization. the U.S. Air Force, who serves as presi- objection, it is so ordered.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.028 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12571 The Senator from North Dakota. you mention the company Halliburton I can unequivocally state that the abuse (The remarks of Mr. DORGAN are on the floor of the Senate, they say: related to contracts awarded to KBR [Halli- printed in today’s RECORD under Aha, this is a criticism of Vice Presi- burton] represents the most blatant and im- ‘‘Morning Business.’’) proper contract abuse I have witnessed dur- dent CHENEY because he used to be ing the course of my professional career. AMENDMENT NO. 2476 president of Halliburton. It is not That is pretty strong. (Purpose: To establish a special committee about Vice President CHENEY. Vice Now let me go through a couple of of the Senate to investigate the awarding President CHENEY is not now president headlines. Boston Globe, June of this and carrying out of contracts to conduct of Halliburton. He left that job when he year: Internal Pentagon audits have activities in Afghanistan and Iraq and to became Vice President. This is not fight the war on terrorism) flagged about $1.4 billion in expenses about him. submitted by Halliburton for services (Mr. THUNE assumed the chair.) All of these actions have occurred the firm is providing in Iraq. Charges Mr. DORGAN. Mr. President, I have after Vice President CHENEY left the include $45 for a case of soda, $100 per an amendment to offer, an amendment Halliburton Corporation. But this is bag for laundry service, and several I have shared with both sides. It is, in about Halliburton and some other com- months preparing at least 10,000 daily fact, an amendment that we have pre- panies—Halliburton being the largest— meals that the troops didn’t need and viously debated. It deals with the sub- that have gotten big, fat, multibillion- ultimately went to—by the way, in this ject of contracting abuses, especially dollar contracts, no-bid, sole-source meal issue, there is another complaint. contracting abuses in the reconstruc- contracts, and, with all of the evidence The other complaint is they were tion in Iraq—the money that is paid by in front of us, have been charging charging for 42,000 meals a day and pre- American taxpayers, through our Gov- American taxpayers for services they paring 14,000 meals a day. That meant ernment, to major contractors that are have not delivered or overcharging the they were charging the taxpayers for given no-bid contracts, spending bil- taxpayers for other services. 28,000 meals they were not serving the lions of dollars, and the stories about We need to aggressively root out that troops. contracting abuse are horrifying. Yet waste, fraud, and abuse. Let me give ‘‘Ex-Halliburton Workers Allege nothing seems to happen. some examples. The committee that I Rampant Waste: They say the firm I have described previously some- chair, the Policy Committee, had a makes no efforts to control costs, over- thing that happened in the 1940s. Harry hearing. We heard from a man named spending taxpayers’ money in Iraq and Truman was in the Senate. Harry Tru- Rory Mayberry. Rory Mayberry is the Kuwait.’’ One former employee: ‘‘They man was a Democrat. A member of his former food production manager for didn’t want to control costs at all. party was in the White House, Frank- KBR, which is a Halliburton sub- Their motto was don’t worry about lin Delano Roosevelt. He couldn’t have sidiary. Halliburton has gotten billions cost. It’s a cost plus contract.’’ been very happy about Harry Truman of dollars to deliver all sorts of things The supervisor described an arrange- because Truman came to the floor of to our troops in Iraq, including feeding ment in which Halliburton provided 10 Senate and said: I have substantial evi- the troops. percent of additional payment on its dence of wrongdoing, of contracting, of Here is what Mr. Mayberry, who was phone calls to a Kuwaiti company for military waste with respect to defense the food service supervisor, told us: providing cellular phones although contracts and defense spending. I think Food items were being brought in to our nothing in the contract between Halli- it needs to be investigated. military base that were outdated or expired burton and the company called for the They began holding a series of hear- by as much as a year and we were told by the payments. ings. He finally was able to get a com- food service managers, feed them anyway, They just added 10 percent. mittee together called the Truman use them anyway. So the food was fed to the Well, I won’t go through it at great Committee. They began a series of troops, expired food with expired date length, but $7,500 a month to rent ordi- stamps. For trucks that were hit by convoy hearings. It lasted a number of years. nary cars and trucks; $85,000 new fire and bombings we were told to go into the trucks left on the side of the road be- At a time when a member of his own trucks, remove the food items and use them political party was President, it was after removing the bullets and any shrapnel cause they had a flat tire, to be trashed probably embarrassing for everybody from the bad food that was hit. And we were and torched. Yes, the taxpayer paid for that Harry Truman was leading the told then to remove the bullets and turn them. How about a fuel pump that was charge while FDR was in the White them over to the managers of the food serv- plugged. Leave the truck on the side of House. But they uncovered a substan- ice operation as souvenirs. the road. It gets torched. It is all over. tial amount of abuse and waste and We had hearings at which Bunnatine The taxpayer pays for it. It is all cost fraud. Good for them. The memory of Greenhouse testified. Bunny Green- plus. the Truman Committee lives on today house was the top civilian official at ‘‘Millions in U.S. Property Lost in as an example of what should be done the Corps of Engineers. She rose to the Iraq, Report Says; Halliburton Claims with respect to oversight by the Con- very top, the highest civilian official in Figures Only ‘projections’.’’ gress. the Corps of Engineers. That is the ‘‘Halliburton Unable to Prove $1.8 We spend a dramatic amount of tax- area of the Pentagon where they actu- Billion in Work, Pentagon Says.’’ ‘‘Halliburton Faces Criminal Inves- payer money. The question is, Is it ally do the contracts for these firms. In tigation,’’ Houston Chronicle. ‘‘Pen- spent wisely? If it is not, when it is that position, she was responsible for tagon Proving Alleged Overcharges for wasted or stolen or subject to cheating reviewing all contracts worth more Iraq Fuel.’’ than $10 million. After she objected to of the taxpayers, shouldn’t somebody ‘‘Uncle Sam Looks Into Meal Bills; special treatment given Halliburton on know it? Shouldn’t somebody see it Halliburton Refunds $27 million as a and do something about it? That is the a number of occasions, including an oc- Result.’’ issue. casion where the company was brought You would think with all of this you I have held a number of hearings as into the meeting at which the contract would have committees in the Congress chairman of the Policy Committee on was being discussed, the specs devel- saying: Wait a second, we are going to this subject, only because no one else is oped, and who it was going to be pull back the curtain. We are going to holding any substantial hearings on it. awarded to, after objecting to all that, have tough investigations to evaluate We will have a couple people come to she was forced to either resign or face what is happening, what is happening the floor and say: We have held a good demotion. to the American taxpayer, what is hap- number of hearings. That is not true. This is a woman who was the highest pening with contracts that are given Very few if any hearings have been civilian official in the Corps of Engi- without any competition, soul-source, held on this issue. neers, given stellar performance re- no-bid contracts. I wish to go through a few examples views always, an outstanding em- Mr. ENSIGN. Mr. President, will the of the hearings that we have held, ployee. But then she started raising Senator yield for a comment? along with some of the headlines. I questions with the good old boy net- Mr. DORGAN. Of course. wish to say this before I get into this work about giving billions of dollars of Mr. ENSIGN. I want to inform the too far: Some of this deals with a com- sole-source contracts under the buddy Senator from North Dakota that, hope- pany called Halliburton. The minute system. She said: fully, when we come back for a couple

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.038 S09NOPT1 S12572 CONGRESSIONAL RECORD — SENATE November 9, 2005 days in December, as the chairman of I am not going into this at great at one Iraqi ministry, 8,206 guards at the Readiness Subcommittee, I plan on length, but I can give the example of one of the ministries. And that is what holding hearings on exactly this. I plan companies that in the same week that we were paying for through this $9 bil- on pulling that curtain back. I plan on they were paying multimillion dollar lion. It turns out, in paying 8,206 secu- getting into the investigation in the penalties for cheating and defrauding rity people, there were only 602 of same way as Harry Truman. If it hap- the Government, in that same week them. But 8,206 were paid. Where did pens to be it is embarrassing to the ad- they were signing new contracts for the money go? If we could have dyed ministration, we are going to find out new business with this Government. all that money purple and walked the truth on this—just like Harry Tru- Are we that lamebrained that we can’t around to see who had purple pants man went after those cost-plus con- understand when somebody cheats you pockets, we could have figured it out. tracts in those days. It is not only the once you don’t need a second chance? This is a massive cheating and abuse soul-source aspect, it is also the fact In my hometown, again, a town of 300 scandal. they are cost-plus contracts. people, you wouldn’t need to learn that This is like a Rip Van Winkle oper- We are going to do a thorough inves- lesson twice. You do business with ation. We sort of doze through it all, tigation through the subcommittee, somebody who cheats you, you don’t do don’t offend anybody, upset anybody. and I am committing to the Senator business with them again. Not in this I am delighted to hear my colleague that the things he is talking about town. It is a slap on the wrist, a pat on is going to hold some hearings in De- right now will be fully investigated by the back. Atta boy. That is not the way cember, but I am telling you this is a our committee, and we are going to up- it ought to work. cesspool of trouble, digging into this. hold our oversight responsibility of I could spend a lot of time on this. I The guy who used to buy towels for this administration. will not do it now, but I could spend a our troops, from K.B.R. Halliburton, Mr. DORGAN. Mr. President, that lot of time talking about the abuses— bought hand towels—you know, the lit- gives me some hope, and I hope as a re- the taxpayer pays to air-condition a tle hand towels. He told us how he or- sult of that the Senator would support building under reconstruction in Iraq. dered the hand towels. Need some thou- my amendment as well. The fact is, we Well, that contract that goes to a sub- sands and thousands and thousands of have not had many oversight hearings. contract, that goes to a local sub- hand towels for the troops? Well, you We have now been in this conflict for contract and pretty soon it is all done. just order them, don’t you? Oh, no, no. several years, and a substantial We pay it. It is like an ice cube; it His supervisor said you don’t just order amount of money has been spent. A hand towels, you order hand towels em- very substantial amount of it has been melts in your hand like money does as broidered with the company’s logo on wasted, regrettably. it goes through to—guess what—pay But I think anything that any com- for air-conditioning, and it is a ceiling it so it can double the price. You think mittee or subcommittee does to shine a fan in a room in Iraq some place. when the troops are washing their spotlight on this makes some sense. I Cheating? You bet it is. hands and face they are going to want must say, however, as my colleague I want to show you a picture of two just a plain towel? No, they are going knows, there is substantial brushback million dollars. Incidentally, this guy to want one with our company logo on from the administration. They do not wearing the striped shirt, he worked in it, so order the more expensive one. want anything to do with this. And I this area. These are hundred-dollar The sky is the limit. It is all cost understand why. But the fact is, what bills wrapped in Saran Wrap. What plus. Don’t worry. Be happy. We are all happened here was wrong. A top con- would they be doing with a pile of bills making money—except the taxpayer is tracting official gets demoted because wrapped in Saran Wrap? He testified: I taking a bath. she blows the whistle on bad practices, was over there with the Coalition Pro- I have raised this issue now for about and the taxpayer takes a bath to the visional Authority, which is really us, 2 years on the floor of the Senate, to tune, I think, of billions of dollars. as you know. dead silence. So whatever subcommittee or com- He says: We were telling people that There was a silence back in the for- mittee wants to dig into this, I think when you come to pick up the cash for ties when Harry Truman raised it. that would be great, and I certainly your contracts and so on, understand it They empowered a committee to take will commend my colleague if he con- is going to be in cash, so bring a bag. a look and they discovered billions of venes these hearings. But I would say We deal in cash. He said we actually dollars of waste, fraud, and abuse. The this: I think there are substantial pres- threw these around as footballs from taxpayer was taking a bath and the sures on many of our committees and time to time in the office, hundred-dol- Congress did something about it. The subcommittees by the administration lar bills wrapped in Saran Wrap. question is, Will it now? not to move too far. We had an exam- I don’t know how that would feel. We haven’t received one answer from ple of that on the issue of intelligence But you can look at what it looked the Pentagon about all these issues. We recently, and I won’t explore that like, how they appeared. He said: Bring haven’t received one single answer. more, but there has been a lot of foot a bag. We deal in cash. He said: It was This has all been transmitted to the dragging in a lot of areas. like the Old West Pentagon, all of the testimony from The point of this on behalf of myself, I have spoken at some length about five or six hearings. It is just unbeliev- Senator DURBIN, Senator LAUTENBERG, this with a company called Custer Bat- able. Senator BOXER, and others, the point of tle. A couple guys show up in Iraq, and By the way, do you want 50,000 it is to establish what we know works, they decide: We are going to be con- pounds of nails? I know where 25 tons and what we know works is the Tru- tractors. Pretty soon they are contrac- of nails are. They are laying in the man committee. Yes, it is an old tors. Pretty soon they have millions of sand in Iraq, 25 tons of nails, 50,000 model, but it is a model that really did dollars, millions of dollars in con- pounds ordered for reconstruction of work—nonpartisan, bipartisan. Take a tracting, and then they start setting up Iraq. But they are the wrong size, and hard look at what is going on. Don’t offshore subsidiaries and selling to it does not matter, I guess, so they care where the chips fall, investigate it them, cheating the Federal Govern- throw them on the ground and they re- all. If somebody is cheating the Amer- ment. A couple of their employees de- order. It is just the taxpayers’ money. ican taxpayer, hold them accountable cide that is not right and they are It is all cost plus. Order 50,000 pounds for it. I mean how do you miss 28,000 going to disclose it. Then their lives of nails the wrong size. Don’t sweat it. meals, overbilling somebody by 28,000 are threatened. We are all going to get paid. meals a day? I come from a town of 300 There is so much going on that it is What a mess. So the point is, Con- people, so we had a small restaurant. just almost unbelievable to me. gress has the responsibility. Congress You can understand somebody missing The inspector general for the Coali- has a responsibility to legislate, and a cheeseburger or two but 28,000 meals tion Provisional Authority issued a re- Congress has a responsibility for some- a day? That is cheating. And it ought port about the use of funds that actu- thing called oversight—oversight with not take twice to learn the lesson. Do ally belong to the Iraqis. It came from respect to the funds that the Congress business with companies that cheat. the oil revenues which was under our appropriates. These funds, after all, Cut them off. Shut it down. control then. There were 8,206 guards come in from the American taxpayers

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.039 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12573 and then are used to be expended on The PRESIDING OFFICER. The incentives in question and could various operations, various projects, in clerk will report. change them in ways that are detri- this case reconstruction in Iraq or con- The legislative clerk read as follows: mental to the military services. tractors that are contracting to pro- The Senator from North Dakota [Mr. DOR- I have crafted my amendment, the vide assistance to the troops in Iraq. GAN], for himself, Mr. DURBIN, Ms. BOXER, underlying amendment, with these fac- Some of that assistance to the troops and Mr. LAUTENBERG, proposes an amend- tors in mind. However, in my assess- manifests itself in food that is expired, ment numbered 2476. ment, the Durbin amendment has not manifests itself in charging for food Mr. DORGAN. Mr. President, I ask received the same scrutiny along these that wasn’t delivered. unanimous consent that the reading of lines and will, indeed, shape the per- Now, Mr. President, I was tempted to the amendment be dispensed with. sonnel system in unintended ways that go through the whole list of those who The PRESIDING OFFICER. Without are detrimental to the military which have testified. I shall not do that in objection, it is so ordered. we simply cannot afford from a cost deference to my colleague who is on (The amendment is printed in today’s perspective. the floor ready to speak. But I think RECORD under ‘‘Text of Amendments.’’) The effect of this amendment will be the point is made. The Congress can Mr. DORGAN. Mr. President, I in- to create an imbalance in the personnel continue to decide, No, we don’t want quire, how much of the 30 minutes al- system which will likely result in an to do anything about this, and vote lowed to the proponent of the amend- increase in end strength and result in against this amendment. They have ment has been used? people in the higher ranks of the en- done it previously. But it is pretty The PRESIDING OFFICER. Twenty- listed and officer corps clogging the hard, it seems to me, to look in the two minutes. system and not allowing the people be- mirror and think you have done a good Mr. DORGAN. Mr. President, I re- neath them the opportunity for pro- job for the people in this country, the serve the remainder of my time. Sen- motion. This amendment also rewards taxpayers who pay the taxes, if you ator DURBIN, I know, wishes to speak and retains people who, generally don’t believe this deserves your special on this amendment. I reserve the re- speaking, are already being retained at attention and you don’t believe that mainder of the time on this amend- the required rate. In my assessment, Congress has failed in its responsibility ment. this amendment solves a problem that of oversight. If you don’t believe that, I suggest the absence of a quorum. does not exist. then you should vote against my The PRESIDING OFFICER. The The Durbin amendment simply re- amendment. But if you understand the clerk will call the roll. wards longevity of service. It does not responsibility for oversight and under- The legislative clerk proceeded to reward those members of the Reserve stand there has been virtually nothing call the roll. components who disrupt their lives in done except for the hearings I chair in Mr. CHAMBLISS. Mr. President, I support of a contingency operation, the Policy Committee and with those ask unanimous consent that the order and does not provide an incentive or re- hearings have uncovered dramatic ex- for the quorum call be rescinded. ward for soldiers deployed in harm’s amples of massive waste, fraud, and The PRESIDING OFFICER. Without way in defense of their country. abuse, if you believe that is a real seri- objection, it is so ordered. Both amendments target soldiers ous problem, then you ought to support AMENDMENT NO. 2433 who have sacrificed, but my amend- this amendment. Mr. CHAMBLISS. Mr. President, I I hope every Senator will ask ques- ment targets the ones who have put rise in support of the Chambliss tions of the Pentagon about Bunnatine their lives in harm’s way, and we amendment and in opposition to the Greenhouse, the highest ranking civil- should be giving them a real incentive amendment filed by my friend from Il- ian in the Pentagon with outstanding to stay in the military. linois, Senator DURBIN. I am pleased performance reviews, outstanding re- From a cost perspective, the Durbin that the Durbin amendment has been views all along the way until she began amendment has a 1-year reward for as filed because it is good to see others to say: You can’t do this. You are vio- few as 22 days of Reserve duty. That is lating the regulations of the Pentagon share my idea that the retirement sys- a 17-day reduction in the age a reserv- in the way you are proceeding with re- tem for our Guard and Reserve soldiers ist could collect retirement for every 1 spect to no-bid contracts, no-bid, sole- needs to be updated to meet the new day of service, whereas my amendment source, cost-plus contracts, the minute role these soldiers are playing as part is far more equitable. It is a one-for- she started telling those at the top of of our Nation’s military. one reduction. the Corps of Engineers who wanted to By way of introduction, let me say I The Durbin amendment scores at $4.8 award these kinds of contracts to say: think it is a very good thing we are de- billion over 5 years. My amendment Look, you are violating the very rules bating this issue at this time in the scores at $320 million over 5 years. I that exist. The minute she started Senate today because not only is this agree that cost should not be the sole doing that, her career took a dramatic an important issue we need to talk determining factor, but we are in a real turn for the worse. At that point, she about as policymakers in the Congress, budget world today where we are strug- was told you are either going to be but today we have a majority of the gling to find dollars to buy weapons fired or demoted. men and women serving in the theater systems and to provide for these qual- If the Congress does not care about in Iraq who are members of the Guard ity-of-life issues for our men and that, then it does not care about any- and Reserve. It is critically important women. I had an amendment last year thing. If those who have the courage to that as we utilize these soldiers, we that was too expensive. We have come speak up and tell the truth, as they see provide them with benefits that com- back this year with a much more real- it, are told the consequences for that pare to the active-duty soldiers. istic amendment that is affordable and, will be their career, then this Congress I would like to compare the military in my opinion, is more rewarding to doesn’t care much about those who personnel system to a finely tuned ma- those who deserve it at this point in have the courage to stand up and speak chine because that is what it is. The the life of our military. The scoring of out when it is necessary. There has Department of Defense and the indi- Senator DURBIN’s amendment is rough- been a deafening silence, with the ex- vidual military services have staffs ly 8 times, almost 10 times as expensive ception of a few Members of Congress, that devote significant time and en- as my amendment. on that point as well. ergy to determining how to recruit, re- In summary, while length of service This woman fights on alone. Why? tain, promote, separate, and retire peo- is one area which I do believe we Because not enough people here seem ple in their respective services. The De- should incentivize for our Guard and to care, not even to care to ask the partment recommends incentives, Reserve soldiers, it is not the only be- basic question of those who run the which we in Congress consider and au- havior or even the primary behavior we Pentagon. Mr. President, I send the thorize, which shape this process of re- need to reward. Rather, it is our re- amendment to the desk on behalf of cruiting and retention according to the servists who have truly sacrificed, who myself, Senator DURBIN, Senator LAU- needs of the services. It is a fact that have left their homes, their jobs, and TENBERG, and Senator BOXER, and ask any change in the military personnel their families and put themselves in for its immediate consideration. system will change the process and the harm’s way who need to be rewarded

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.040 S09NOPT1 S12574 CONGRESSIONAL RECORD — SENATE November 9, 2005 and incentivized to stay in the Reserve. 59 ...... 21 These shortages led in some cases to a de- That is exactly what my amendment 60 ...... 20.’’. cline in the operational capability of equip- does and does it in a fair and cost-effec- (b) 20-YEAR LETTER.—Subsection (d) of ment and increased risk for troops. tive way. We incentivize voluntarism, such section is amended by striking ‘‘the The items included generators for as- not just incentivize longevity of serv- years of service required for eligibility for sault vehicles, armored vehicle parts, retired pay under this chapter’’ in the first ice. lithium batteries, meals ready to eat, sentence and inserting ‘‘20 years of service truck tires, body armor, armored vehi- I urge my colleagues to reject the computed under section 12732 of this title.’’. Durbin amendment and to support the (c) EFFECTIVE DATE.—This section and the cles, and add-on armor kits. The GAO underlying amendment. amendments made by this subsection (a) Comptroller, David Walker, testified in I yield the floor and suggest the ab- shall take effect on the first day of the first a Senate subcommittee hearing that sence of a quorum. month beginning on or after the date of the the Department of Defense doesn’t The PRESIDING OFFICER. The enactment of this Act and shall apply with have a system to be able to determine clerk will call the roll. respect to retired pay payable for that with any degree of reliability and spec- The legislative clerk proceeded to month and subsequent months. ificity how we spend tens of millions of call the roll. Mr. LEVIN. I thank the Presiding Of- dollars. Mr. LEVIN. Mr. President, I ask ficer. I suggest the absence of a Mr. Walker then went on to say: unanimous consent that the order for quorum. Trying to figure out what appropriated the quorum call be dispensed with. The PRESIDING OFFICER. The funds were being spent on is like pulling The PRESIDING OFFICER (Mr. clerk will call the roll. teeth. SUNUNU). Without objection, it is so or- The bill clerk proceeded to call the Shortchanging the taxpayers is not dered. roll. acceptable. Shortchanging our troops, Mr. WARNER. Mr. President, I ask AMENDMENT NO. 2473, AS MODIFIED especially when they are risking their unanimous consent that the order for Mr. LEVIN. Mr. President, this has lives for America, is absolutely inex- the quorum call be dispensed with. been cleared with the majority. cusable. We have been talking about The PRESIDING OFFICER. Without I call up the Durbin amendment No. personal and vehicle armor shortages objection, it is so ordered. 2473. for months. Mr. WARNER. Mr. President, in con- The PRESIDING OFFICER. The I will never forget my first visit to sultation with the distinguished Sen- clerk will report. Walter Reed to see the first injured ator from Michigan and leadership, I The bill clerk read as follows: veteran from Iraq, a member of the propound this unanimous consent re- Ohio National Guard, who had lost his The Senator from Michigan [Mr. LEVIN], quest, which I understand has been for Mr. DURBIN, for himself, Mr. CORZINE, and left leg below the knee. I asked him Ms. LANDRIEU, proposes an amendment num- cleared on both sides. I ask unanimous what happened. He said: It is those bered 2473, as modified. consent that the 2:45 votes be delayed humvees. They don’t have any armor Mr. LEVIN. Mr. President, I ask to begin at 3:20, and further that at 5:30 plating on them. unanimous consent that reading of the the Senate proceed to a vote in rela- This soldier told me he couldn’t wait amendment be dispensed with. tion to the Chambliss amendment No. to get his new leg so he could get back The PRESIDING OFFICER. Without 2433, to be followed by a vote in rela- in combat. That is the kind of fighting objection, it is so ordered. tion to the Durbin amendment No. spirit which we love to see in the men The amendment is as follows: 2473, with the instructions modified to and women who are serving this coun- change it to a first degree, with no sec- At the end of subtitle C of title V, add the try. Shouldn’t we have the same fight- following: ond degrees in order to either amend- ing spirit when it comes to providing ment prior to the vote; further, that SEC. ll. ELIGIBILITY FOR RETIRED PAY FOR them with the equipment they need so NON-REGULAR SERVICE. there be 2 minutes equally divided be- they can come home safely with their (a) AGE AND SERVICE REQUIREMENTS.—Sub- tween each of the stacked votes. mission accomplished, truly accom- section (a) of section 12731 of title 10, United The PRESIDING OFFICER. Without plished? If we waste money with profit- States Code, is amended to read as follows: objection, it is so ordered. eers and those who try to gouge the ‘‘(a)(1) Except as provided in subsection (c), Mr. WARNER. Mr. President, I sug- Federal Government at the expense of a person is entitled, upon application, to re- gest the absence of a quorum. our troops, we are not doing our sol- tired pay computed under section 12739 of The PRESIDING OFFICER. The this title, if the person— diers any favor. ‘‘(A) satisfies one of the combinations of clerk will call the roll. These shortages, especially of armor, requirements for minimum age and min- The bill clerk proceeded to call the have sent young men to Walter Reed imum number of years of service (computed roll. for a long time, with missing arms and under section 12732 of this title) that are Mr. DURBIN. Mr. President, I ask legs, and other serious injuries. I have specified in the table in paragraph (2); unanimous consent that the order for met them. I don’t know how we can ‘‘(B) performed the last six years of quali- the quorum call be rescinded. face them and honestly say we have fying service while a member of any cat- The PRESIDING OFFICER. Without not tried to do everything within our egory named in section 12732(a)(1) of this objection, it is so ordered. title, but not while a member of a regular power to make certain their fellow sol- component, the Fleet Reserve, or the Fleet AMENDMENT NO. 2476 diers are protected. Our current system Marine Corps Reserve, except that in the Mr. DURBIN. Mr. President, I joined does not work. case of a person who completed 20 years of with Senator DORGAN of North Dakota In 1941, Senator Harry Truman, a service computed under section 12732 of this in offering amendment numbered 2476. Democrat from Missouri, introduced a title before October 5, 1994, the number of It is an amendment on which we both resolution creating a special com- years of qualifying service under this sub- worked. Over the years we have shared mittee to investigate the national de- paragraph shall be eight; and billing on it because we both believe it fense program. Who was the President ‘‘(C) is not entitled, under any other provi- sion of law, to retired pay from an armed is essential. It is an amendment which at the time? Franklin Roosevelt, a force or retainer pay as a member of the calls for the creation of a Truman-like Democrat from New York. We had a Fleet Reserve or the Fleet Marine Corps Re- commission to make certain we are Democratic Senator calling for an in- serve. spending our defense dollars effec- vestigation of the War Department of a ‘‘(2) The combinations of minimum age and tively, we are not wasting money, and Democratic President. Those were the minimum years of service required of a per- that the money spent is for the secu- days—and you have to search the his- son under subparagraph (A) of paragraph (1) rity of America and the protection of tory days to remember them—when for entitlement to retired pay as provided in our troops. there was real oversight in Congress, such paragraph are as follows: In a report on defense logistics issued regardless of the party affiliation. ‘‘Age, in years, The minimum years of service in March of this year, the Government We find exactly the opposite today. is at least: required for that age is: 55 ...... 25 Accountability Office found that U.S. The Republican majority in Congress 56 ...... 24 troops experienced shortages in seven refuses to accept the responsibility of 57 ...... 23 of the nine items that the GAO re- oversight because they might embar- 58 ...... 22 viewed. The report reads: rass the Republican administration in

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.041 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12575 the White House. This is not about pro- funds was burdened by severe inefficiencies including the knowing disclosure of the iden- tecting the President from embarrass- and poor management. tity of a covert agent of the Central Intel- ment. This is about protecting our The list goes on and on. ligence Agency to a person not authorized to We owe our troops and our taxpayers receive such information, shall be permitted troops. to hold a security clearance for access to This Truman Commission cost very better oversight of their money. This classified information.’’. little money in those days, but it saved bipartisan special committee called for (2) APPLICABILITY.—Subsection (f) of sec- us billions of dollars. It is a valuable in the Dorgan-Durbin amendment will tion 4 of the Internal Security Act of 1950, as lesson for today. Then, as now, sky- accomplish that. added by paragraph (1), shall apply to any in- rocketing contract costs, rapid alloca- So many Members come to the Sen- dividual holding a security clearance on or tion of funds meant we were wasting ate today and say not one penny is after the date of the enactment of this Act money. Harry Truman stated when he going to be spent for Hurricane Katrina with respect to any knowing violation of law came to this Senate, the same Cham- or to safeguard America against avian or regulation described in such subsection, regardless of whether such violation occurs ber, almost 64 years ago: influenza unless we offset it. We are before, on, or after that date. I’m calling the attention of the Senate to watchdogs when it comes to new pro- (b) CLARIFICATION OF AUTHORITY TO ISSUE these things because I believe most sincerely grams. Why not be watchdogs for exist- SECURITY REGULATIONS AND ORDERS.— they need looking into. I consider public ing programs? If Congress is not exer- Mr. LAUTENBERG. Mr. President, funds to be sacred funds and I think they cising its power of oversight, for good- the amendment I offer today is some- ought to have every safeguard possible to ness sake, let us create a Truman-like prevent their misuse or being mishandled. thing I believe is urgently needed be- commission that will. Let’s ask the cause of security concerns raised con- Senator Truman went on to say: hard question and get the right an- stantly these days, particularly as a re- I think the Senate ought to create a spe- swers. Let’s protect our troops and pro- cial committee with authority to examine sult of a recent indictment we are all every contract. tect the taxpayers. aware of. The amendment is relatively I reserve the remainder of my time The National Archives describes the simple, straightforward. It clarifies and urge my colleagues on both sides of part of the intelligence law to be clear Truman Committee: the aisle to support the Dorgan-Durbin that those who compromise classified The committee earned a high reputation for thoroughness and efficiency. After the amendment numbered 2476. information cannot hold a clearance. end of the war the committee turned its I yield the floor and suggest the ab- The indictment describes conduct by a analysis to wartime experiences in order to sence of a quorum. White House official that must not be make recommendations that improved post- The PRESIDING OFFICER. The tolerated. Certainly, an irresponsible war and future national defense programs. clerk will call the roll. and reckless official should not be al- It was a real national service. We The bill clerk proceeded to call the lowed to continue to hold a clearance continue to offer this amendment on roll. to see top-secret information. the Democratic side of the aisle and we Mr. LAUTENBERG. Mr. President, I The person at issue is identified in cannot find a single Senator, or very ask unanimous consent that the order the recent indictment I spoke of earlier few, I should say, on the Republican for the quorum call be rescinded. as ‘‘Official A.’’ According to the Wash- side even interested in talking about The PRESIDING OFFICER. Without ington Post, White House staff have it. Why? Why wouldn’t they be inter- objection, it is so ordered. confirmed that Official A is Mr. Karl ested in making certain the taxpayers’ Mr. LAUTENBERG. Mr. President, I Rove. He is the deputy chief of staff to dollars are well spent in the Depart- ask unanimous consent that the pend- the President. The indictment says ment of Defense? Why wouldn’t they ing amendments be set aside. this official gave classified information want accountability when it comes to The PRESIDING OFFICER. Without to a journalist. Any official who does the equipment to protect our troops? objection, it is so ordered. The pending such a thing should certainly not con- I joined with Senator DORGAN with amendments are set aside. tinue to hold a clearance. this amendment to create a new Tru- AMENDMENT NO. 2478 It is quite clear what President man committee to oversee contracting Mr. LAUTENBERG. Mr. President, I Bush’s intent was when he said he awards in Iraq, Afghanistan, and the send an amendment to the desk and wanted to clear the air about any leak- war on terrorism. We need this com- ask for its immediate consideration. age of classified information. I think mittee. As Goldman Sachs Inter- The PRESIDING OFFICER. The we should follow his pledge or remind national Vice President Robert clerk will report. him of his pledge to remove anyone in- Hormats stated: The bill clerk read as follows: volved with leaking information. We know the information given to the There is nothing more corrosive of support The Senator from New Jersey [Mr. LAU- journalist Robert Novak was, indeed, for a war anywhere in the world, the war TENBERG] proposes an amendment numbered against terrorism or dealing with the prob- 2478. published, and a CIA operative was ex- lems in Iraq, than the concern that taxpayer posed. money is not being used well. Mr. LAUTENBERG. Mr. President, I The actions taken by the White ask unanimous consent that reading of The simple fact is we need better House staff have damaged our national the amendment be dispensed with. oversight. We need this committee. We security. Thusly, an indictment has The PRESIDING OFFICER. Without need to identify the weaknesses in our come about. It has destroyed an objection, it is so ordered. current system. We need the best prac- operative’s covert cover, compromised The amendment is as follows: tices to be followed by our Department intelligence-gathering operations, and of Defense. (Purpose: To prohibit individuals who know- endangered the safety of other CIA em- We learned earlier this year that $8.8 ingly engage in certain violations relating ployees and their contacts. to the handling of classified information The amendment I offer today is simi- billion that was managed by the Coali- from holding a security clearance) tion Provisional Authority in Iraq sim- lar to one that was offered earlier in On page 286, strike lines 1 through 3, and the year by Senator REID in July. My ply disappeared. We brought back Mr. insert the following: Bremmer, the head of that Coalition amendment has one significant dif- SEC. 1072. IMPROVEMENTS OF INTERNAL SECU- Provisional Authority for the United RITY ACT OF 1950. ference. It includes the words a ‘‘know- States, and gave him a gold medal. I (a) PROHIBITION ON HOLDING OF SECURITY ing’’ standard so that someone who un- wish we had found the $8.8 billion be- CLEARANCE AFTER CERTAIN VIOLATIONS ON knowingly does it doesn’t get included fore we gave him a gold medal. Reports HANDLING OF CLASSIFIED INFORMATION.— in our amendment. We wanted to nar- indicate that payrolls in Iraqi min- (1) PROHIBITION.—Section 4 of the Internal row the field and say, if you talk about istries under the control of that au- Security Act of 1950 (50 U.S.C. 783) is amend- these things and know it, you ought to thority were inflated with thousands of ed by adding at the end the following new pay for it. The payment is fairly sim- subsection: ple. My Republican colleagues reacted ghost employees. The United States In- ‘‘(f) No person who knowingly violates a spector General for Iraqi reconstruc- law or regulation regarding the handling of to the Reid amendment by talking tion has said: classified information in a manner that about it as an open-ended standard. In We believe the CPA management of Iraq’s could have a significant adverse impact on deference to the concerns of our col- national budget process and oversight of the national security of the United States, leagues on the other side, I have added

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.042 S09NOPT1 S12576 CONGRESSIONAL RECORD — SENATE November 9, 2005 a ‘‘knowing’’ standard—in other words, this to determine exactly how we years, we often look at things that are if you don’t know it, then that is one should respond. classified and we say to ourselves: Why thing; if you do know it, it is quite I am reading the first paragraph: ‘‘No in the world would they be classifying something else—which is more than person who knowingly violates,’’ that this document? Unfortunately, the fair to someone who reveals our na- would mean he would have to know broad brush of classification some- tional security secrets. that, A, his material is classified, and, times is utilized on things that I don’t I see my colleague and friend from B, that he has to have a knowledge of think need to be classified. Virginia on the other side. I am re- the law and regulation? Are those the Mr. LAUTENBERG. I think current minded when both of us wore a uniform two elements of that? law describes that. We will use that as some years ago, it was ‘‘loose lips sink Mr. LAUTENBERG. Yes, the Senator the standard. Again, there is no inten- ships.’’ The lights were darkened all is correct. And what we say is, if you tion here to bypass the rules. It is to along the coast. You couldn’t even tell do it, the least that ought to happen is confirm clearly that if you talk about your family where you were at the you ought to learn enough of a lesson this, we are not saying you go to jail. time. As a matter of fact, I was in an that we are going to remove any access We are not saying anything else. But area in Belgium that was quite dan- to classified information if you do it you certainly should no longer have ac- gerous. I did find a place that sold a knowingly. cess to classified information. postcard that was written in the lan- Mr. WARNER. I understand what the Mr. WARNER. Would the Senator be guage of the area. It was Flemish. I consequences are. But I want to make able to supply for the record the ref- sent it to my mother to give her an in- certain the Senator was trying to draw erences that he says would define fur- dication where I was. I kind of had to this up in such a way that, no matter ther the word ‘‘significant’’? You said sneak by the censors. how misfortunate, if it is unin- it is defined in law. Could you cite We are at war. People are at war with tentioned, then that would not be a those laws upon which you rely? us. Terrorists are liable to attack us at violation. Mr. LAUTENBERG. Yes. We will cer- any time. They are certainly doing Mr. LAUTENBERG. Right. tainly try to do that. what they can to even injure or kill Mr. WARNER. I find it difficult to The PRESIDING OFFICER. Who our service people who are abroad. We believe anyone who has a security yields time? ought to make sure we are as diligent clearance would not understand the Mr. WARNER. I think I still have the about covering our security as we can basic law and regulation prohibiting or floor. be. We should ask nothing less than controlling its use. You can almost im- The PRESIDING OFFICER. The Sen- total obedience to the rules. I am here pute to the person knowledge of the ator from Virginia. with the consent and support of Sen- statute and law. Mr. WARNER. Mr. President, again, ator REID of Nevada, Senator LEVIN, Mr. LAUTENBERG. We tried our best this amendment has just been given to and others who believe we should do to clarify it and remove the concern the majority side. We will, in due this. I hope my colleagues across the that was exhibited when Senator REID course, have further response to the aisle can agree that if somebody gives offered it last July. This was added be- Senator. At this time it becomes the information they shouldn’t, by golly, cause colleagues on the other side pending amendment. what we are saying is the penalty is made an observation that was sensible; The PRESIDING OFFICER. It is the that you should lose that security that is, if someone does something un- pending amendment. knowingly, you can’t punish them. But clearance and that person should be Mr. WARNER. Fine. I thank my col- on the other hand, if someone has a job treated as the President suggests, re- league. that includes security, I would have to moved from the security scene. I yield the floor. say they would know this is a violation It is plain common sense. I urge my Mr. LAUTENBERG. I thank the Sen- to betray any of the rules they are sub- colleagues to support the amendment. ator. I suggest the absence of a I yield the floor. jected to. But this clarifies it. There is quorum. The PRESIDING OFFICER (Mr. MAR- no intention here to pull the wool over The PRESIDING OFFICER. The TINEZ). The Senator from Virginia. anybody’s eyes or anything such as clerk will call the roll. Mr. WARNER. Mr. President, I say to that. It is to make sure we prevent any The bill clerk proceeded to call the my colleague, I recall that period very leakage as much as we can of security roll. well. There were times when the Na- information. We are so sensitized to it tion’s capital had blackouts. At that that the country is at times locked up Mr. WARNER. Mr. President, I ask time my father was a doctor actively in concerns with these warnings being unanimous consent that the order for practicing medicine in this city, and he given out, and we ought to try to re- the quorum call be rescinded. had to take the headlights on his car strict that from happening as much as The PRESIDING OFFICER. Without and put a black screen over the head- possible. objection, it is so ordered. light with about a 1-inch slit so he It can be careless. The Senator can Mr. WARNER. Mr. President, are we could respond to emergency measures well remember the time, a very unfor- not at this point in time guided by the during the blackout. Where our home tunate time, when an informant, some- standing order we just entered? was at that time we had blackout cur- one working with the CIA in Latin The PRESIDING OFFICER. The Sen- tains. We regularly went out to make America—Guatemala, I believe it was— ator is correct. The question is on sure there was no leakage of the light was assassinated after their identity agreeing to the Inhofe amendment, as because at that time the city lights, if was revealed. We don’t want that to modified. they had been on, silhouetted U.S. and happen. We have our friends and rel- Mr. WARNER. Have the yeas and other allied shipping such that they atives overseas now. nays been ordered? were the target of then German sub- Mr. WARNER. Let me interrupt. I The PRESIDING OFFICER. They marines off the coast. Indeed, it is hard want to make certain that time used have been ordered. to believe this, but the coastline from during the colloquy is divided equally, Mr. WARNER. May we now proceed Florida all the way up to New England that when I speak, it is charged to my with the vote. was strewn with the damage of ships time, and the Senator from New Jer- The PRESIDING OFFICER. The that were torpedoed. sey, as he speaks, the time will be clerk will call the roll. I remember well that period of time, charged to him; is that agreeable? The bill clerk called the roll. and I remember the phrase. I am sur- Mr. LAUTENBERG. Certainly. Mr. DURBIN. I announce that the prised you, as an Army man, used a The PRESIDING OFFICER. Without Senator from New Jersey (Mr. CORZINE) Navy phrase that loose lips sank ships. objection, it is so ordered. is necessarily absent. But we have a very serious amendment Mr. WARNER. The standard you have The PRESIDING OFFICER. Are there here, deserving of equally serious at- is ‘‘could have a significant adverse im- any other Senators in the Chamber de- tention. It has just been handed to us. pact.’’ Do you have any criteria for siring to vote? I am sure the Senator would appreciate ‘‘significant’’? As you and I both know, The result was announced—yeas 99, that we would need some time to study having dealt in these areas for many nays 0, as follows:

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.044 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12577 [Rollcall Vote No. 312 Leg.] have carefully studied this. I support necessary to ensure that U.S. Armed YEAS—99 the Ensign amendment. I defer to my Forces have the clear guidance that Akaka Dole Martinez colleague, Senator LEVIN. they need and deserve. Alexander Domenici McCain Mr. LEVIN. Mr. President, the Sen- I am confident that the DoD and the Allard Dorgan McConnell ator from Nevada has assured the Sen- administration will ensure that our Allen Durbin Mikulski Baucus Ensign Murkowski ate that this amendment does not seek, men and women in uniform have every Bayh Enzi Murray in any way, to change current policy, tool available to them consistent with Bennett Feingold Nelson (FL) including Executive Order 11850, rel- U.S. and international law. Biden Feinstein Nelson (NE) ative to the use of riot control agents. Mr. LUGAR. Mr. President, I rise Bingaman Frist Obama Bond Graham Pryor I note that the President has provided today to share my views on the amend- Boxer Grassley Reed the Presidential approval required by ment offered by Senator ENSIGN re- Brownback Gregg Reid that Executive order for use of riot garding the use of riot control agents, Bunning Hagel Roberts Burns Harkin Rockefeller control agents in Iraq. We look forward RCAs, by members of our Armed Burr Hatch Salazar to consulting with the administration. Forces in war. As one of the principal Byrd Hutchison Santorum The amendment of the Senator from proponents of Senate ratification of Cantwell Inhofe Sarbanes Nevada is an appropriate amendment. the CWC, along with my ranking mem- Carper Inouye Schumer Chafee Isakson Sessions It could be very helpful, and we support ber, Senator BIDEN, I feel it important Chambliss Jeffords Shelby the amendment. to provide my views in relation to this Clinton Johnson Smith Mr. WARNER. Mr. President, as I amendment. Coburn Kennedy Snowe Cochran Kerry Specter stated on the floor yesterday, I am able I will vote in favor this amendment, Coleman Kohl Stabenow to support Senator ENSIGN’s amend- and I do so because I believe that it in Collins Kyl Stevens ment because it now includes several no way modifies, changes, reinterprets, Conrad Landrieu Sununu important modifications that were re- or otherwise revises the laws of the Cornyn Lautenberg Talent Craig Leahy Thomas quested by the administration. As a re- United States regarding the use of Crapo Levin Thune sult of those modifications, the amend- RCAs in war to save lives, nor in any Dayton Lieberman Vitter ment more accurately reflects current way affects U.S. compliance with our DeMint Lincoln Voinovich DeWine Lott Warner U.S. policy and law regarding the use international obligations. This amend- Dodd Lugar Wyden of riot control agents by members of ment creates no new law, and changes the Armed Forces. I thank Senator EN- no U.S. policy. NOT VOTING—1 SIGN for agreeing to those modifica- When the Senate approved a resolu- Corzine tions. I will take into account the tion of advice and consent to ratifica- The amendment (No. 2440), as modi- views and recommendations of the ad- tion of the Convention on the Prohibi- fied, was agreed to. ministration as we continue our work tion of Development, Production, Mr. WARNER. Mr. President, I move on this issue and the bill in conference. Stockpiling and Use of Chemical Weap- to reconsider the vote. The resolution of ratification for the ons and on Their Destruction—The Mr. DODD. I move to lay that motion Chemical Weapons Convention, CWC, Chemical Weapons Convention or CWC on the table. passed by this body contained a condi- in 1997, it made the conditional on The motion to lay on the table was tion requiring the President to certify maintaining U.S. law in effect at that agreed to. that the United States is not restricted time. Condition 26(B) of that resolution Mr. WARNER. Mr. President, it is my by the CWC in its use of riot control of ratification stated: understanding that we have a second agents in certain specified cir- The President shall take no measure, and vote as ordered. cumstances. In addition, the condition prescribe no rule or regulation, which would AMENDMENT NO. 2443 required the President not to eliminate alter or eliminate Executive Order 11850 of The PRESIDING OFFICER. The next or alter Executive Order 11850, which April 8, 1975. question is on the Ensign amendment. prohibits the use of riot control agents Senator ENSIGN’s amendment men- There are 2 minutes equally divided. in war ‘‘except in defensive military tions both this Executive order and the Who yields time? modes to save lives.’’ Senate-approved condition. Mr. ENSIGN. Mr. President, I ask In response to questions from myself Senator ENSIGN’s amendment cannot that Senator ALLARD be added as co- and Senator LEVIN on the floor yester- modify that condition, and because it sponsor to my amendment. day and today, Senator ENSIGN con- merely restates authority the Presi- The PRESIDING OFFICER. Without firmed that he does not seek through dent already has regarding the use of objection, it is so ordered. this amendment to amend, expand or RCAs in war, I believe that voting for Mr. ENSIGN. Mr. President, very reinterpret Executive Order 11850 in the amendment will not harm U.S. simply, this amendment seeks to clar- any way. It is on that understanding leadership in preventing the prolifera- ify what the policy of the United that I can support his amendment. tion of chemical weapons nor will it re- States has been since 1975, that our The Senator from Nevada has raised verse the will of the Senate at the time military would be able to use riot con- the question of whether the U.S. it approved the CWC. I look forward to trol agents—in this case tear gas—for Armed Forces currently have suffi- working with Chairman WARNER, Sen- defensive purposes. That has been the ciently clear authority with respect to ator LEVIN, and the administration as policy of the United States. But be- riot control agents. I have looked into this provision is considered in con- cause of some interpretations, our this matter and consulted with rep- ference with the House, and in efforts military is not able to use tear gas. resentatives of the Department of De- to improve it in that conference. They do not take it with them, they do fense, including representatives of our Mr. BIDEN. Mr. President, I will vote not train with it, and in many cases commanders in the field. in favor of the Ensign amendment to tear gas—just as police forces use it all They have informed me and my staff this bill, relating to the use of riot con- over the world—would save civilian that, in their view, the use of riot con- trol agents, and I want to make clear lives as well as lives of the members of trol agents is a very complex matter. It to my colleagues why a steadfast sup- our military. is not clear that commanders in the porter of the Chemical Weapons Con- This is absolutely a critical amend- field want to use ‘‘RCAs’’ widely. How- vention can do so in good conscience. ment to save lives of Americans and for ever, there are a number of cases where Senator ENSIGN is concerned that cur- those civilians who, when our military RCAs could be very useful to avoid un- rent interpretation of U.S. policy and kills them—and unfortunately these necessary loss of life. I have been as- of U.S. obligations under international things happen—it makes us look bad as sured that, consistent with the Execu- law might be hampering U.S. forces in a country. tive Order, U.S. Armed Forces have au- Iraq. I gather that not everybody This is a critical amendment that we thority to use riot control agents. Fur- shares that belief, but I do not doubt need to adopt. thermore, I am informed that DoD will that some people have this concern, Mr. WARNER. Mr. President, I wish examine whether any confusion exists and I appreciate Senator ENSIGN’s de- to indicate to my colleagues that I about RCA use, and will take all steps sire to make sure that people in the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.011 S09NOPT1 S12578 CONGRESSIONAL RECORD — SENATE November 9, 2005 military fully understand what they trol agents as a method of warfare.’’ It Mr. SHELBY. Mr. President, I ask can and cannot do when it comes to is standing U.S. policy that if some- unanimous consent I be able to proceed using riot control agents in Iraq. body is using human shields, as oc- as in morning business for 5 minutes. What is important about the Ensign curred in Somalia in the early 1990s, The PRESIDING OFFICER (Mr. amendment, in my view, is that it will our Armed Forces may use riot control COBURN). Without objection, it is so or- in no way modify either U.S. policy or agents ‘‘in defensive military modes to dered. U.S. international obligations regard- save lives’’ without violating our obli- Mr. WARNER. Is there not a pending ing the use of riot control agents. The gations as state party to the Chemical amendment that must be laid aside statement, in subsection (a) of the Weapons Convention. first? amendment that ‘‘riot control agents In light of my view that the Ensign The PRESIDING OFFICER. The Sen- are not chemical weapons’’ is fully con- amendment will not change U.S. policy ator is proceeding in morning business, sistent with the Chemical Weapons and will not call into question the re- and that will take care of it. Convention, in which ‘‘riot control quirement to comply with our inter- Mr. WARNER. I thank the Presiding agent’’ is defined as a chemical, not national obligations under the Chem- Officer. listed in any of the Convention’s three ical Weapons Convention, I see no rea- The Lautenberg amendment is the lists of chemical weapons or their pre- son to oppose this amendment. I do pending amendment on the Defense au- cursors, ‘‘which can produce rapidly in urge, however, that the limited nature thorization bill. humans sensory irritation or disabling of this amendment be made more ex- The PRESIDING OFFICER. The Sen- physical effects which disappear within plicit in conference. ator is correct. The Senator from Alabama is recog- a short time following termination of The PRESIDING OFFICER. All time nized for 5 minutes. exposure.’’ That definition is quite dif- has been yielded. The question is on (The remarks of Mr. SHELBY are ferent from the definition of a ‘‘toxic agreeing to the amendment. The yeas printed in today’s RECORD under chemical’’ in a chemical weapon, and nays have been ordered, and the ‘‘Morning Business.’’) ‘‘which through its chemical action on clerk will call the roll. The PRESIDING OFFICER. Who life processes can cause death, tem- The legislative clerk called the roll. yields time? porary incapacitation or permanent Mr. DURBIN. I announce that the Mr. WARNER. Mr. President, I sug- harm to humans or animals.’’ So the Senator from New Jersey (Mr. CORZINE) gest the absence of a quorum. Ensign amendment is correct in that a is necessarily absent. The PRESIDING OFFICER. The riot control agent, as defined in the The PRESIDING OFFICER. Are there clerk will call the roll. Chemical Weapons Convention, would any other Senators in the Chamber de- The assistant legislative clerk pro- not be a chemical weapon as defined in siring to vote? ceeded to call the roll. that convention. The result was announced—yeas 98, Mr. WARNER. Mr. President, I ask Similarly, the Ensign amendment nays 1, as follows: unanimous consent that the order for now before this body accurately re- [Rollcall Vote No. 313 Leg.] the quorum call be rescinded. flects U.S. policy as established by YEAS—98 The PRESIDING OFFICER. Without President Gerald Ford in Executive Akaka Dole McCain objection, it is so ordered. Order 11850 of April 8, 1975. That Execu- Alexander Domenici McConnell Mr. WARNER. Mr. President, the tive order, signed by a Republican Allard Dorgan Mikulski need for a quorum call at this time is President and implemented by six sub- Allen Durbin Murkowski because there are a number of Senators sequent Presidents of both parties over Baucus Ensign Murray Bayh Enzi who had to depart Capitol Hill for a the last 30 years, states: ‘‘The United Nelson (FL) Bennett Feingold Nelson (NE) meeting. Therefore, it is beyond the States renounces, as a matter of na- Biden Feinstein Obama control of either manager. We need to tional policy . . . first use of riot con- Bingaman Frist Pryor keep in reserve our time on the bill. So Bond Graham trol agents in war except in defensive Reed I ask unanimous consent that the time Boxer Grassley Reid military modes to save lives....’’ It Brownback Gregg Roberts expended in the quorum call up to just Bunning Hagel goes on to give four examples of such Rockefeller a minute ago, when I withdrew it, as Burns Hatch defensive military modes, only two of Salazar Burr Hutchison well as the time that will ensue in the Santorum which relate to combat zones: Byrd Inhofe following quorum call not be charged Sarbanes ‘‘(b) . . . in situations in which civil- Cantwell Inouye to either side. Carper Isakson Schumer ians are used to mask or screen attacks Sessions The PRESIDING OFFICER. Without and civilian casualties can be reduced Chafee Jeffords Chambliss Johnson Shelby objection, it is so ordered. or avoided’’; and Clinton Kennedy Smith Mr. WARNER. I thank the Presiding ‘‘( c) . . . in rescue missions in re- Coburn Kerry Snowe Officer and I thank the Parliamen- Specter motely isolated areas, of downed air- Cochran Kohl tarian. Coleman Kyl Stabenow crews and passengers, and escaping Collins Landrieu Stevens The PRESIDING OFFICER. Who prisoners.’’ Conrad Lautenberg Sununu yields time? Executive Order 11850 then orders im- Cornyn Leahy Talent Mr. WARNER. I suggest the absence plementation, as follows: Craig Levin Thomas of a quorum. Crapo Lieberman Thune ‘‘Sec. 1. The Secretary of Defense Dayton Lincoln Vitter The PRESIDING OFFICER. The shall take all necessary measures to DeMint Lott Voinovich clerk will call the roll. ensure that the use by the Armed DeWine Lugar Warner The assistant legislative clerk pro- Forces of the United States of any riot Dodd Martinez Wyden ceeded to call the roll. control agents and chemical herbicides NAYS—1 Mr. WARNER. Mr. President, I ask in war is prohibited unless such use has Harkin unanimous consent that the order for Presidential approval, in advance. the quorum call be rescinded. NOT VOTING—1 ‘‘Sec. 2. The Secretary of Defense The PRESIDING OFFICER. Without shall prescribe the rules and regula- Corzine objection, it is so ordered. tions he deems necessary to ensure The amendment (No. 2443) was agreed AMENDMENT NO. 1526, AS FURTHER MODIFIED that the national policy herein an- to. Mr. WARNER. Mr. President, I ask nounced shall be observed by the Mr. WARNER. I move to reconsider unanimous consent that the previously Armed Forces of the United States.’’ the vote. agreed to amendment No. 1526 be modi- As far as I can tell, Senator ENSIGN Mr. SHELBY. I move to lay that mo- fied. I send that modification to the does not intend that anything in Exec- tion on the table. desk. The amendment has been cleared utive Order 11850 be changed, nor that The motion to lay on the table was by the other side and is merely a tech- there be any change in the U.S. policy agreed to. nical correction. and obligation to fully obey the Chem- Mr. WARNER. Mr. President, we re- The PRESIDING OFFICER. Without ical Weapons Convention, which binds main on the bill, but a colleague has a objection, the amendment is so modi- each state party ‘‘not to use riot con- unanimous consent. fied.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.015 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12579 The amendment, as further modified, ‘‘(2) completes 24 months on active duty awful lot of time into this amendment. is as follows: during the previous 60 months under such an When some procedural questions came On page 371, between lines 8 and 9, insert order; or up that were important to be resolved, the following: ‘‘(3) is involuntarily mobilized for service we turned it over to Robert Preiss, and on active duty six months or less following SEC. 2887. SENSE OF THE SENATE REGARDING the member’s separation from the member’s he did an excellent job. That is the rea- COMMUNITY IMPACT ASSISTANCE son we can come before you today with RELATED TO CONSTRUCTION OF previous period of active duty. NAVY LANDING FIELD, NORTH CARO- ‘‘(c) MINIMUM AND MAXIMUM PAYMENT confidence that this amendment can be LINA. AMOUNTS.—(1) A payment under this section considered under this important De- It is the sense of the Senate that— shall be made to a member for a month only fense authorization bill. It is critically (1) the planned construction of an outlying if the amount of the monthly active-duty in- important. I would like to explain it landing field in North Carolina is vital to the come differential for the month is greater for my colleagues to understand why national security interests of the United than $50. Senator BAYH and I decided to offer it States; and ‘‘(2) Notwithstanding the amount deter- (2) the Department of Defense should work mined under subsection (d) for a member for and now offer it together. with other Federal agencies to provide com- a month, the monthly payment to a member The Department of Defense status of munity impact assistance to those commu- under this section may not exceed $3,000. forces survey of Reserve component nities directly impacted by the location of ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIF- members, released in September 2004, the outlying landing field, including, where FERENTIAL.—For purposes of this section, the revealed that 51 percent of our Na- appropriate— monthly active-duty income differential of a tional Guard and Reserve said they suf- (A) economic development assistance; member is the difference between— fer a loss in income when mobilized for (B) impact aid program assistance; ‘‘(1) the average monthly civilian income of the member; and long periods of active duty because (C) the provision by cooperative agreement their military pay is less than what with the Navy of fire, rescue, water, and ‘‘(2) the member’s total monthly military sewer services; compensation. they were receiving in their civilian (D) access by leasing arrangement to ap- ‘‘(e) DEFINITIONS.—In this section: job. The average reservist says that he propriate land for farming for farmers im- ‘‘(1) The term ‘average monthly civilian in- or she loses $368 a month, but 11 per- pacted by the location of the landing field; come’, with respect to a member of a reserve cent report losing more than $2,500 a (E) direct relocation assistance; and component, means the amount, determined month. Imagine that you joined the by the Secretary concerned, of the earned in- (F) fair compensation to landowners for Guard and Reserve, volunteered to property purchased by the Navy. come of the member for either the 12 months preceding the member’s mobilization or the serve the country, and then you are ac- AMENDMENT NO. 2483 12 months covered by the member’s most re- tivated. You leave your job and family, The PRESIDING OFFICER. The Sen- cent Federal income tax filing, divided by 12. go overseas and risk your life and ator from Illinois. ‘‘(2) The term ‘total monthly military worry about coming home safe. Many Mr. DURBIN. Mr. President, I send compensation’ means the amount, computed of our Guard and Reserve members are an amendment to the desk on behalf of on a monthly basis, of the sum of— also worried about what is happening Senator BAYH and myself. ‘‘(A) the amount of the regular military to the family back home. There is less The PRESIDING OFFICER. Without compensation (RMC) of the member; and money for the monthly budget, less objection, the pending amendments are ‘‘(B) any amount of special pay or incen- money for the mortgage, less money to set aside. tive pay and any allowance (other than an pay gasoline bills. It all adds up. The clerk will report. allowance included in regular military com- If you take a look, this is kind of an The assistant legislative clerk read pensation) that is paid to the member on a illustration that 51 percent of the re- as follows: monthly basis.’’. (b) CLERICAL AMENDMENT.—The table of servists lose income when mobilized, The Senator from Illinois [Mr. DURBIN], for sections at the beginning of such chapter is and 11 percent lose more than $2,500 per himself and Mr. BAYH, proposes an amend- amended by adding at the end the following month. This income loss represents a ment numbered 2483. new item: disparity in the ranks and poses on re- Mr. DURBIN. I ask unanimous con- ‘‘910. Replacement of lost income: involun- servists a burden not experienced by sent that reading of the amendment be tarily mobilized reserve compo- dispensed with. nent members subject to ex- many Active-Duty troops. Many Ac- The PRESIDING OFFICER. Without tended and frequent active duty tive-Duty troops experience increases objection, it is so ordered. service.’’. in income during deployments due to The amendment is as follows: (c) EFFECTIVE DATE.—Section 910 of title tax advantages, hazardous duty pay, (Purpose: To provide income replacement 37, United States Code, as added by sub- family separation allowances, and payments for certain Reserves experi- section (a), shall apply for months after De- other special pay enhancements. Those encing extended and frequent mobilization cember 2005. reservists with incomes higher than (d) LIMITATION ON FISCAL YEAR 2006 OBLI- for active duty service) the deployed military suffer a loss. GATIONS.—During fiscal year 2006, obligations At the end of subtitle A of title VI, add the incurred under section 910 of title 37, United Their ongoing financial commitments following: States Code, to provide income replacement continue for their children, for their SEC. ll. INCOME REPLACEMENT PAYMENTS payments to involuntarily mobilized mem- families, for their homes, their auto- FOR RESERVES EXPERIENCING EX- bers of a reserve component who are subject mobiles. You know the list as well as I TENDED AND FREQUENT MOBILIZA- TION FOR ACTIVE DUTY SERVICE. to extended and frequent active duty service do. Their basic expenses are based on (a) IN GENERAL.—Chapter 19 of title 37, may not exceed $60,000,000. civilian income, but when they are ac- United States Code, is amended by adding at Mr. DURBIN. Mr. President, let me tivated, they are receiving military in- the end the following new section: say at the outset that Senator BAYH come. The resulting financial problems ‘‘§ 910. Replacement of lost income: involun- and I are offering this amendment. It on the homefront can distract a man or tarily mobilized reserve component mem- turns out that we have had the same woman who has said: I am ready to bers subject to extended and frequent ac- basic concept and idea. We kind of serve my country and even risk my tive duty service came at it a little differently. I spoke life. ‘‘(a) PAYMENT REQUIRED.—The Secretary to him on the telephone a few moments The amendment I offer with Senator concerned shall pay to an eligible member of ago. I am going to defer to him in al- BAYH allows reservists mobilized for a reserve component of the armed forces an amount equal to the monthly active-duty in- lowing him to be the lead sponsor on extended periods to receive up to $3,000 come differential of the member, as deter- this amendment because together we per month in extra pay to make up for mined by the Secretary. The payments shall might have a better chance of success, differences between their military and be made on a monthly basis. and that, of course, is the ultimate test civilian salaries. To qualify, a reservist ‘‘(b) ELIGIBILITY.—Subject to subsection of the wisdom of this concept. must have a pay gap of at least $50 a (c), a reserve component member is entitled I especially salute Robert Preiss of month. to a payment under this section for any full my staff, who is a fellow serving in my The language I offer today is iden- month of active duty of the member, while office who has come to us from the tical to that in the House bill, with one on active duty under an involuntary mobili- zation order, following the date on which the military and has worked night and day exception. This amendment provides member— in trying to make certain that we help these income replacement payments ‘‘(1) completes 180 continuous days of serv- those who are in the Guard and Reserve for Reserve component members mobi- ice on active duty under such an order; and Active military. He has put an lized for 6 months or more. The House

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.060 S09NOPT1 S12580 CONGRESSIONAL RECORD — SENATE November 9, 2005 bill says that you have to be called up language so that when we get together votes. That is a good one to say to em- for 18 months or more to qualify for with the House of Representatives, we ployers: If you are willing to stand be- this income supplement. That is en- can ensure that something does get hind that man or woman in uniform tirely too long. It is rare that a reserv- done this year to eliminate or at least who is leaving your employment for a ist is going to be called up for 18 reduce the income loss suffered by fam- short period to do their duty for our months. So the bill as it comes from ilies of some of our guardsmen and re- country, why shouldn’t we stand be- the House really doesn’t do much. This servists. By standing behind a quali- hind you with the Tax Code? is entirely too long, to expect a reserv- fication period of 6 months, we lay Ms. LANDRIEU. I thank the Senator ist to wait 18 months before we give down a clear marker that we in the from Illinois. I ask him, is there any them some income supplement. Indeed, Senate stand for more than just sym- reason he could believe or think the with most callups currently lasting bolism. We really want to help. We American people wouldn’t put the around 18 months, the practical effect stand for real help in addressing the Guard and Reserve at the top of the of a qualification period that long pay gap for the good of the members of list for a tax cut or a tax credit? Is would be that few reservists would ever our Reserve components, for the good there any other group you can think of get a dime of help. We can do a lot bet- of their families, for the long-term that is more deserving than the men ter than that. America can do better good of the force, and for the good of and women who leave their homes, put for its men and women in uniform. I our Nation. on the uniform, leave their jobs, leave urge my Senate colleagues to pull to- I urge my colleagues, if they think their businesses, and go to the front- gether. The House plan is good, but the this is a worthy amendment and will line to take the bullets? Would the qualification period is unrealistically join us in it, Senator BAYH and I would Senator be able to identify any other long. We can make it better. welcome their support. This should be group that would be more worthy of a This language was proposed by Con- a bipartisan amendment. I don’t know tax credit or a tax cut if we had extra gressman MCHUGH. He is the Repub- how we can argue over whether we money to give? lican chairman of the House Armed should protect the income of the men Mr. DURBIN. From my point of view, Services Committee Subcommittee on and women who fight for us. If they are absolutely none. But it is interesting, Personnel. He originally proposed a 12- going to be away from their families what a timely question. We are about month qualification period. It was ex- and separated, not there for the impor- to consider a tax bill. This tax bill will tended to 18 months through hasty ac- tant decisions that are being made by give a break to millionaires. If you tion in the committee that may not their families, the least we can do is happen to be a millionaire in America, have been carefully considered. As I make sure they don’t face some unrea- we think you need a tax break of have said, the language I offer today sonable hardship because of income $35,000 a year. Poor souls. If you happen with Senator BAYH is the same with loss. to be making between $50 and $200,000, the exception that this version we offer I see Senator LANDRIEU is here. I sa- the tax break turns into $112 dollars; calls for a 6-month qualification pe- lute her. She has done so many things under $50,000, $6. The point is, we are riod. recently on Hurricane Katrina and going to spend billions of dollars giving According to an Army Times article other issues. But she has been one of tax breaks to the wealthiest people and about this provision, Chairman the strongest voices in the Senate for not giving a helping hand to the men MCHUGH said something needs to be the Guard and Reserve and our mili- and women in uniform and the employ- done. I agree with him. He said: ‘‘We tary. She and I spoke the other day ers who patriotically stand behind have a crisis.’’ I agree with that. He re- about this issue. She said: We have to them. peated that the extended deployments have an amendment to help Guard and I say to the Senator from Louisiana, are raising this issue time and time Reserve. I am glad she has come to the she couldn’t have a more timely obser- again for many of the very best who Chamber at this moment because it is vation. serve our country. I have to agree with timely. We are trying to make sure Ms. LANDRIEU. I thank the Senator Chairman MCHUGH 100 percent. We this bill doesn’t leave the Senate with- from Illinois. I would just like to add have made a sound proposal because we out a provision in it that is going to my few remarks to support his amend- do, indeed, have a crisis. Recruiting help these men and women in uniform. ment. numbers are down for our military. Ms. LANDRIEU. Will the Senator The PRESIDING OFFICER. The Sen- That is a fact of life. With the Reserve yield? ator from Louisiana is recognized. components missing their recruitment Mr. DURBIN. I am happy to yield. Ms. LANDRIEU. Mr. President, the targets, we must look to the retention Ms. LANDRIEU. I know the Senator Senator from Illinois has come to the of existing members to keep up force is wrapping up his remarks, but I floor again this afternoon and has strength. would like to ask the Senator, is he spent literally hours over the last 2 So far, retention has been pretty aware that a complementary amend- years, in particular, speaking about good. I salute the men and women for ment we have worked on for a couple of the importance of supporting our staying on in the military even though years, giving a tax credit to employers Guard and Reserve. we ask more and more of them each who are filling that pay gap, is the Mr. WARNER. Mr. President, will the day. But the existence of this income Senator aware that has still not passed distinguished Senator from Louisiana loss is going to hurt us with retention. this Congress? allow me to propound a question to the Let’s be honest about it. Of the top 10 Mr. DURBIN. I was aware of it. I say distinguished Senator from Illinois be- reasons cited in the status of forces to the Senator from Louisiana, a lot of fore he departs the floor? survey for leaving the National Guard people are not aware of it. They think Ms. LANDRIEU. Mr. President, I will and Reserve, income loss was No. 4. we have already done these things. We be happy to yield to the chairman. The others are obvious: family burden, make these proposals on the floor of The PRESIDING OFFICER. The Sen- too many activations and deployments, the Senate. Some of them pass the Sen- ator from Virginia is recognized. activations are too long, and loss of in- ate, then they disappear in conference Mr. WARNER. I thank the Presiding come. We ask a lot of sacrifice from committees. We all pat ourselves on Officer. the men and women in uniform. They the back and say we are standing up Mr. President, I have just gotten this march off and do their duty, whether it for the men and women in uniform. At amendment and I am looking it over. It is responding to Hurricane Katrina at the end of the day, there is no law for is not unlike similar provisions that home or going over to risk their lives the President to sign. have been before the Senate. As a mat- in Iraq or Afghanistan. We understand A lot of our colleagues, myself in- ter of fact, it has been passed by the that we can do something about the in- cluded, will be at Veterans Day events Senate but dropped in conference. come loss. That is what this amend- this week. I will be traveling all over Here is the problem based on, again, ment seeks to do. Illinois. We are going to stand there. very modest military experience of my I urge my colleagues on both sides to We may be holding the flag. We will own, but a lifetime of association with support this measure. Pass this amend- say we are for our soldiers and our vet- the men and women in the military. I ment and include it in our Senate bill erans. But the real proof is in our have come to learn the importance of

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.062 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12581 pay. Pay to an individual is a tremen- listed in the Marine Corps—a person wartime, a much larger active force. dous symbolism. I remember when we who is in the active military knows We are fortunate that in wartime con- advanced from private to private first what his or her life is going to be and ditions, we have these men and women class or, in my case, from seaman to builds his or her life accordingly in who will respond, and do so willingly seaman second class, seaman first terms of expenses incurred. A person in and subject their families. The Senator class, and so on. I got $4 a month in one the Guard and Reserve has a civilian from Illinois is correct on that point. pay increase, I remember, in World War life and civilian financial obligations I have to dwell on this amendment. I II. And then the wife at home often is that he or she knows may come when just read it. I wanted to have this col- struggling to make ends meet. Boy, they are activated and a hardship may loquy, and I appreciate the courtesies that pay is important. come from separation. But they are in the Senator always extends. Picture that today we have a total different circumstances as they go into Mr. DURBIN. I thank the Senator. force concept. It is not Reserves serv- this field of combat. One comes from Mr. WARNER. The Senator from ing over here and regulars serving over an active military life with a family Louisiana has the floor. here. Fortunately, we mix. The units budget accordingly, and the other Mr. LEVIN. Will the Senator from are merged together. When we go to comes from the private sector with an- Louisiana yield for a question to Sen- Iraq, as all of us go now, we will find other family budget. ator DURBIN? Reserves and regulars performing the It seems to me what I am asking is, Ms. LANDRIEU. I would like to ask same duties commensurate with their since we now rely more than ever on the Senator from Virginia a question rank and their technical experience. the Guard and Reserve, shouldn’t we be before he leaves the floor. Reserves and regulars are subject to more sensitive to that? Shouldn’t we Mr. WARNER. I will be here when the same threat to life and limb from say that if you are willing to sacrifice the Sun comes up tomorrow. Mr. LEVIN. Mr. President, it is my an IED, from the missiles coming in, your time and your life for your coun- recollection that the Senate already subject to the same arduous hardships try, we are willing to sacrifice, too, to passed an amendment in one of the pre- and living conditions both in Iraq and make sure there is no unnecessary eco- vious bills where we made up the dif- Afghanistan. nomic hardship? Then along comes this amendment, I don’t think the two observations I ference for Federal employees; is that no matter how well-intentioned, and made are unreasonable. The Senator not correct? Mr. DURBIN. That is correct. We suddenly the Reservist gets a signifi- from Virginia knows better than I be- passed it for the third or fourth time. cant amount of money in addition to cause he has been in the military and I It goes into this strange world of con- his monthly pay to the regular who is have not served. But I would think in a ference committees and disappears. unit, people would be more sensitive to serving right with him, living in the Mr. LEVIN. In which all of us have that. To think that soldier who left same tent, eating the same food, and participated. We have seen the parts that job in the private sector or the taking the same risks. that emerge and the parts that do not, For those of us who have had the op- Federal Government is next to me wor- and it is always a little mystery as to portunity to serve in the ranks, that ried because they missed the second what emerges and what does not begins to breed tension and inequities. mortgage payment back home wouldn’t emerge. You don’t want those types of tensions make me feel any better about my unit My understanding is that clearly is a as these young men and women are and wouldn’t make me feel any better precedent for treating all employees. courageously performing their military to know that is going on. Everybody is activated the same way Mr. WARNER. Mr. President, I think duties. This is my concern. as Federal employees. That is No. 1. So Mr. DURBIN. Mr. President, may I we have different perspectives. But pay I think that is a good argument for the respond to the Senator? is a very significant thing in every amendment. But also the cost of this Mr. WARNER. Yes, of course. military person’s life. We have to ad- amendment, it seems to me, given the Mr. DURBIN. First, I have the great- just. We certainly have to recognize. qualification period of 6 months, as I est respect for the Senator from Vir- What you are in a sense doing, Sears understand it, the cost over 5 years ginia, who served his country not only has opted as an employer to do as you would be $295 million which would be a in the Navy but as Secretary of the state, not let their employee accept the little under $60 million a year; is that Navy, and also as the longest serving consequences, and there is a category correct? Senator in Virginia. Didn’t the Senator of persons coming in from the Reserve Mr. DURBIN. That is correct. from Virginia break the record re- and Guard who simply do not have em- Mr. LEVIN. I thank the Senator. cently? ployers such as Sears Roebuck; for The PRESIDING OFFICER. The Sen- Mr. WARNER. I am No. 2 for life. whatever reason their employer won’t ator from Virginia is recognized. Mr. DURBIN. And very popular in the do it. Mr. WARNER. Mr. President, I point State of Virginia. I don’t know, I am concerned about out, yes, the Senate has passed it, but I say to him, consider two things. building tensions into these young peo- for various reasons, conferences have Let’s assume the Senator is in a unit ple in these units. not accepted it, so it is not in law that is in combat and he learns the fel- Mr. DURBIN. May I ask the Senator, today. low next to him who has been activated in this colloquy through the Chair, Mr. LEVIN. That is correct. as a Guardsman used to work for Sears consider this whole question about re- Mr. DURBIN. That is true. Roebuck, a Chicago-based company. tention. That is a big issue now. We Mr. WARNER. We do not have any of And because Sears Roebuck is such a need these men and women in the these. good and patriotic corporation, they Guard and Reserve, even active duty, Mr. DURBIN. The Senator might say have decided they are going to protect who have developed the skills, under- it is pending in the Defense appropria- his income. They are going to give him stand the mission, can be combat ready tions conference. more than his military pay. They are in an instant. We need them to stick Ms. LANDRIEU. Will the Senator going to keep him at the same level of around. We need them to reup. If they from Virginia yield? pay he received before he was acti- have been through a bitter experi- Mr. WARNER. Mr. President, the dis- vated. ence—personal experience, financial tinguished Senator from Louisiana had Will I think less of that fellow soldier experience, separated from their fam- the floor. She very graciously allowed because he is receiving some money ily—we know it lessens that likelihood. me to intervene. I am happy to take a from Sears and think maybe we If we want the very best to continue question. shouldn’t eat at the same mess table, serving, I think this is an incentive for Ms. LANDRIEU. I do so through the or stand together and fight together? I that to happen. Chair. I first say how much I appre- don’t think so. I think people will say Mr. WARNER. Mr. President, the ciate the exchange between the Sen- that is good fortune for you. Senator is absolutely correct. I could ator from Virginia and the Senator The second point I would like to raise even take it a step further. If we didn’t from Illinois. I hope we can find a way is this: A person who is active mili- have the Guard and Reserve, we would to move forward on this very impor- tary—I have a nephew who just en- have to carry in peacetime, as well as tant issue because it is so crucial to

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.064 S09NOPT1 S12582 CONGRESSIONAL RECORD — SENATE November 9, 2005 the security of our Nation, to the secu- are different, because the challenges I hope we can again take bipartisan ac- rity of these Guard and Reserve fami- are different. tion on this Senate floor, as we have lies. It seems the right thing for us to I would argue this is one of the issues done so many times before, to support do. that is at the heart of how we sustain the amendment offered by the Senator My question to the Senator from Vir- a skilled, able, versatile, agile, and from Illinois, at least in the Federal ginia, because he has so much experi- quick-to-deploy force without imple- employ, our own engineers, our own ence in warfighting as the Secretary of menting a draft and having the ability scientists, our own nurses, our own the Department of Navy and as the to muster a large and effective force doctors, our own office administrators, chairman of the Committee on Armed when necessary. This is at the heart of when we ask them to put the uniform Services, is: When we created the it. That is why Senator DURBIN con- on and go to the frontline to take the Guard and Reserve Force, did we an- tinues to come to this floor and why I bullets, that as an employer we do not ticipate that so many would be called come to this floor, why the Senator say: And also, by the way, we would up for such a long period of time? That from Indiana, Mr. BAYH, and others on like your spouse and your children to is an important answer to have because the Republican side have come to the live on 30 percent less income while my sense of it is that we didn’t com- floor. Because we need to make some you are away. pletely anticipate these numbers and changes. We need to adapt to the re- If the country was in crisis in terms these lengths of deployment. ality. of no money for anyone and we were all I ask the Senator, several decades Let me submit for the RECORD the re- on rations and we were all sacrificing ago, did we foresee this dependency? ality of this situation. Since the Berlin financially and we did not have the Mr. WARNER. Mr. President, the crisis of 1961 through the Vietnam war, money, I think these families would Senator raises a very interesting his- we only called from the Reserve and say: Look, we are all in the same boat. torical perspective. During World War Guard about 200,000. From 1961 through We are serving the country. We will II, the National Guard was mobilized the Vietnam war, basically to the early take the 30-percent cut in pay. But early on and amalgamated with the 1990s—I know Vietnam was over before what gets me, what galls me, what regular forces. The Reserves likewise then—but basically to the 1990s, we makes me so angry is, this Congress is were brought in. So everybody was in called up 200,000. But as the chairman giving other families who do not put World War II for the duration. knows, because he is the great distin- the uniform on, other families who are The next major conflict was Korea, guished chairman of our committee, he making upwards of $350,000, $400,000, in which I had minor participation, is correct, since 1990, the Persian Gulf $500,000, tax cuts, and we cannot seem modest though it may be. The units I war to the present, we are 150,000 to find the will, the energy, or the served in were quickly made an amal- troops strong in Iraq and we have focus to help the small group of fami- gamation of Reserves and regulars. I called up 744,000 Guard and Reserve lies that one could argue are bearing remember vividly the squadron I served members. the entire burden in some cases—let in as a ground officer. The Reserve pi- As the Senator from Illinois so beau- me repeat, the entire burden of the war lots, even though they had been called, tifully pointed out, these are citizen on terror. I do not understand it. Sen- some of them had only been on active soldiers. They live in the community. ator DURBIN does not understand it. duty 60 days, barely getting retraining Their budgets are based on their civil- Senator BAYH does not understand it. and were flying missions with the ian jobs. Their children, their spouses, The Senators have voted now unani- regulars who had been on active duty and their families have dreams and as- mously. for a number of years. There was no pirations based on their civilian pay- What happens to this amendment distinction between any of us. We were rolls. They do not enter the military when it goes to the House of Represent- all treated the same. I was a Reservist and decide: We are only going to make atives? What should I tell the Guard called up at that time. $40,000, $50,000, $60,000 the rest of our and Reserve families who went to Iraq, Then along came Vietnam, and for life, but the benefit is we get a dis- over 6,000 of them—3,000 of them just whatever reasons, when I was Sec- count on food. We get our health insur- came home and a third of the ones who retary of the Navy, we didn’t employ ance. We will move around every 2 just came home came home to no the Guard and Reserve. We relied on years. We get a housing allowance. It is house, no school, and no church. Now I the draft. I would have to research the life we have chosen. We understand have to go home and say that Congress some of the reasons why we didn’t do the sacrifices we are making, and we is going to get ready to pass another it. budget accordingly. spending bill, another tax bill, and I This country has fluctuated back and These are business owners, police- am sorry, yes, you have, once again, forth. But in direct answer to the Sen- men, nurses, doctors, engineers, sci- been left out. I do not even know how ator’s important question, in this con- entists who answer the call, put the to explain it because it cannot be ex- flict, more than ever before, we have uniform on, and sometimes answer plained. relied on the Guard and Reserve. I be- that call in 24 hours, literally, or in Senator DURBIN’s amendment simply lieve about 60 percent of the uniformed just a few weeks. They kiss their chil- says, let the Federal Government be personnel in Iraq tonight, some 150,000 dren goodbye—maybe the wife is the the leader. Let the Federal Govern- plus, 60 percent of them are Guard and spouse who is leaving. Maybe it is the ment set the pace as an employer. Let Reserve. husband. They tell everyone goodbye. us at least do what other States and So the Senator from Louisiana is They leave and they are gone for 18 other employers are doing, fill the gap, very correct in her observation. months. stand in the gap for them. They are Ms. LANDRIEU. I thank the Senator Under our current rules, which are taking the bullets. They are taking the from Virginia. I would like to add to not working, not only does that soldier risk with their lives. Why would we ask that comment. make the sacrifice but our Government our Federal employees to take a seri- The PRESIDING OFFICER. The Sen- is asking that family in some cases to ous pay cut? I do not think we should. ator from Louisiana is now recognized. take a 30- to 40-percent decrease in pay. Again, if we did not have any money at Ms. LANDRIEU. Mr. President, I I just cannot understand it. Nothing all, if we were just flat broke, then would add to this discussion that it is about it makes sense. It defies common maybe we would have to. We give important for us as leaders to be open sense. How can we recruit Guard and money away to everybody, but we can- to change and to adopt new strategies. Reserve, then send them to long de- not give it to our Federal employees The one thing that is certain about life ployments, sometimes without even who are serving this country twice: as is change. Those who adapt survive, the equipment they need—which is a public servants so they do not get a and those who do not, do not survive. I whole other issue—but ask their fami- very high salary normally, and then believe when it comes to creating poli- lies to take a 30- and 40-percent de- they go to the frontlines and take the cies that secure our Nation and support crease? I do not understand it. bullets and get a salary cut even lower, our armed services, we always need to I know we have not done this in the and we think that is perfectly fine. be open to those things that we need to past, but this Senator from Louisiana Well, this Senator does not think it do differently because circumstances thinks it is time to do it for the future. is fine. This Senator thinks we can do

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.065 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12583 better. This Senator thinks we need to preserving our Nation’s security by en- I again thank my distinguished col- have better priorities. This Senator be- suring the Guard and Reserve remain a leagues, the Senator from Virginia and lieves we need to have different prior- vital component of our national secu- the Senator from Michigan. Once ities that support our Nation, support rity structure. I also rise to defend our again, I thank my colleague DICK DUR- our services, support our Guard and Re- moral obligation to do right by our fel- BIN, who has been extremely gracious serve, and it would ultimately support low citizens who bear the burden of and who has been a strong leader in the country. And, frankly, it is the battle and by their loved ones who this capacity. right thing to do. make it possible for them to do that by I will conclude by saying the true I see the Senator from Michigan. supporting them here at home. test of a strong society is not only the The PRESIDING OFFICER. The Sen- No one should be forced to choose be- armaments we purchase but how we ator from Michigan is recognized. tween doing right by their family and support those who bear the burden of Mr. LEVIN. Mr. President, this is an their loved ones and doing right by battle and their loved ones here at important amendment. It has been of- their country, but too often today we home. If we can help them pay the fered on behalf of Senator BAYH, by have placed thousands of our fellow mortgage or keep food on the table Senator DURBIN. Senator LANDRIEU is a citizens in exactly that position. That while they are serving us in Iraq and very passionate and persuasive sup- is what this amendment is designed to Afghanistan and elsewhere, it is not porter of this amendment. I think Sen- correct. only the intelligent thing to do, it is ators BAYH, DURBIN, and LANDRIEU are We now have 145,000 guardsmen and the morally responsible thing to do. right; that we basically designed the reservists serving who have been called That is what this amendment would Guard and Reserve force to be a stra- to active duty. Fully 35 percent of our accomplish. tegic reserve. As a practical matter, troops in Iraq are guardsmen and re- I thank my colleagues for their gra- now they are effectively part of our servists, many of them putting their ciousness and their support. operational forces. We have to change lives in harm’s way. Just this last Mr. WARNER. I urge adoption of this this arrangement so they do not take week, I took the liberty of spending a amendment. such a severe hit as they are being couple of hours out at Walter Reed The PRESIDING OFFICER. Is all called up, and they are now in for Army Hospital. Many of the most time yielded back? longer and longer periods. I do not have grievously injured there have served in Mr. LEVIN. I yield back the remain- the statistics on how long the average the Guard and Reserve. We owe it to do der of my time. period of callup is now, but I am quite right by them. The PRESIDING OFFICER. Without confident that if we could compare the Their deployments are lasting longer objection, it is so ordered. The question is on agreeing to the length of the callup, say, during the than before. Since the Korean War, it is our practice to only have them amendment. last few years to the periods between The amendment (No. 2483) was agreed called to active duty for no more than 1973, when we ended the draft, that we to. would see there has been a dramatic in- 6 months. But today, it is routine, not Mr. WARNER. Mr. President, I move crease in the length of the callup. at all uncommon, for them to be called to reconsider the vote. I support the amendment. I think we to active duty for more than a year and Mr. LEVIN. I move to lay that mo- can make some real progress—I hope sometimes multiple calls. tion on the table. we can—this year in conference on this Mr. President, 51 percent of these in- The motion to lay on the table was matter. It is a reasonable cost, a fair dividuals whose lives we are disrupting, agreed to. cost. It is something on which we can 51 percent who are serving, many of Mr. WARNER. I say to my col- do better, and the troops deserve that them in harm’s way, suffer a substan- leagues, this is a matter that we will we do better. tial loss of income, what I have re- carefully review in conference. It has The PRESIDING OFFICER. The Sen- ferred to as the ‘‘patriot penalty.’’ The failed to survive in previous con- ator from Virginia is recognized. average loss of income is about $4,400 ferences, but I think this time it may, Mr. WARNER. Mr. President, first I per soldier—a material amount of particularly because of the question of commend all Senators who have par- money for many Americans. Our recruiting and the difficulty of the Re- ticipated in this debate. Each time I amendment, with the support of Sen- serves and Guard and the adjustment listen to the distinguished Senator ator DURBIN, Senator LANDRIEU, the ac- to family life. As the Senator pointed from Louisiana, I say to my ranking tive support of Senators WARNER and out, hundreds upon hundreds of thou- member, she was a very valued member LEVIN, would help to correct this situa- sands—700,000 I believe—have been in- of our committee before she went tion by providing up to $3,000 per volved in this conflict. AWOL. month in making up lost income for Mr. LEVIN. If the Senator would Mr. LEVIN. She is still part of the our Reserve and Guard men and yield on that? Guard and Reserve, though. women. The PRESIDING OFFICER. The Sen- Mr. WARNER. Yes, proceeding to the This is important to maintaining the ator from Michigan. Appropriations Committee, where some Guard as a critical component of our Mr. LEVIN. It seems to me, the fact think all power resides in the Senate. national security structure. We are that there is a provision in both bills Nevertheless, to think that the Sen- currently running, in the Army Guard, does increase the opportunity and the ator found time to work on this amend- about 24 percent below our recruiting likelihood this time around that we ment, as she has on a number of per- goals. The commander of the Reserve will come out of conference with some- sonnel issues through the years—I re- not too long ago described his force as thing. All we can do is continue to try, member the last authorization bill. ‘‘a broken force.’’ At a time when we but I am a little more optimistic now Does the Senator from Michigan re- are relying upon the Guard and the Re- that this amendment passed. Again, we member that? serve more than ever before, we must thank the Senators from Indiana, Illi- Mr. LEVIN. I do, indeed. ensure that we act to maintain our re- nois, and Louisiana for their leader- Mr. WARNER. One of the last amend- cruiting goals and to ensure the morale ship. ments we were dealing with was on per- of the force. The PRESIDING OFFICER. The Sen- sonnel issues. Anyway, the Senator Many laudable private firms have ator from Louisiana is recognized. from Louisiana found time to be here, risen to the challenge by providing for Ms. LANDRIEU. I see the lead spon- given the tremendous burdens that she their employees but, regrettably, not sor of the amendment on the floor, so has in connection with the tragic suf- all do so. About 29 percent of employ- let me be brief so he can close out. I fering in her State, past, present, and ers are currently doing that, but that thank the leadership for accepting this possibly the future. I point out to my still leaves the bulk of our Guard men amendment. I know they will fight colleagues a provision comparable to and women and our reservists without, hard to keep this in conference as we this is in the House bill now in con- so we have acted to make up that gap. move forward because it really is an ference, therefore, that we go to. It is not a burden they could have rea- important part of our strategic align- Mr. BAYH. Mr. President, I rise sonably anticipated, given the dif- ment for the future. I thank the chair- today for a cause that is essential to ference in callups today versus before. man and the ranking member for their

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.066 S09NOPT1 S12584 CONGRESSIONAL RECORD — SENATE November 9, 2005 leadership not just today but over Mr. LEVIN. I suggest the absence of for his eloquent, passionate portrayal time, for doing the right thing by our a quorum. of the needs and responsibilities we troops and always being willing to The PRESIDING OFFICER. The have to carry out toward our guards- think about new ways of making our clerk will call the roll. men and reservists. military stronger and better. The assistant legislative clerk pro- The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- ceeded to call the roll. yields time? ator from Illinois. Mr. BAYH. Mr. President, I ask unan- Mr. WARNER. Mr. President, it is Mr. WARNER. If I can make one imous consent that the order for the just a matter of minutes before we comment before our distinguished col- quorum call be rescinded. start the votes. Perhaps the distin- league from Louisiana leaves the floor. The PRESIDING OFFICER. Without guished Senator from Georgia would The PRESIDING OFFICER. The Sen- objection, it is so ordered. like to make some explanation about ator from Virginia is recognized. Mr. BAYH. Mr. President, I have the vote coming up? Mr. WARNER. There comes a time many of my colleagues to thank for AMENDMENT NO. 2433 every now and then to reflect on the their graciousness and for their atten- Mr. CHAMBLISS. Mr. President, past with a sense of humor. When I was tion to an issue of significant impor- these next couple of votes involve an a young Senator many years ago, one tance to our country. I would like to amendment I filed and an amendment of the Senator’s predecessors was Rus- start with my friend and colleague, the Senator from Illinois, Mr. DURBIN, sell Long. His expertise was in the area DICK DURBIN from Illinois, who has has filed. I think the significant thing of taxes. How many times, I ask my cared about this issue for many years, about both amendments is that we are good friend from Michigan, would I particularly with regard to our Federal finally starting to recognize that, be- hear him in these vigorous floor de- employees who are bearing the burden cause we are calling up our Guard and bates come over and say: We will drop of battle today on our behalf just as Reserve folks on an all too regular it in conference; accept it? they work for us in their civilian ca- basis these days, and because today, as Mr. LEVIN. Usually with his arm pacities here at home. we enjoy the freedoms that we some- around you. Senator DURBIN has been a model of times take for granted in this country, Mr. WARNER. With his arm around comity and accommodation and in a we have troops serving in Iraq, 60 per- you shaking you like a tree. But we are body that is too often driven by other cent of whom are Guard and Reserve not saying that. interests. I thank him profusely for his troops, it is necessary that we continue I just thought maybe that little bit consideration here today. down the path we have been down for of color might remind Louisianans of I also thank Senator LANDRIEU for the last several years under the leader- his proud record in the Senate. her longstanding interest in this issue. ship of Senator WARNER and Senator Mr. President, this is another exam- She has had a somewhat different ap- LEVIN, trying to increase the benefits ple of how the managers, in the course proach, but it would achieve the same to our Guard and Reserve and the fami- of colloquies, can work out amend- objective—helping our Guard men and lies of those brave men and women. ments. I strongly urge colleagues to women and their families while they Both these amendments seek to do come forward because we are getting are serving our country. that. down to the few amendments that are I also express my appreciation to the There is a fundamental difference in remaining in the hopes that this bill two leaders on the Armed Services the two amendments, though. My can be acted on for final passage to- Committee, Senators WARNER and amendment, the underlying amend- morrow, as early as possible in the day. LEVIN, for their courtesy. I thank you ment, provides for a reduction in re- I yield the floor. for accepting our amendment. I know tirement age from 60 to 55 for reserv- The PRESIDING OFFICER. The Sen- you share our conviction about doing ists, based upon the activation of those ator from Michigan. right by our brave men and women in reservists and Guard men and women Mr. LEVIN. Mr. President, my under- the Guard and Reserve, and I wish to into contingency areas. For every 3 standing is that at 5:30 there will be express my personal appreciation for months they have been activated and two votes. I am wondering if Senator your accommodation in this regard. I sent into a conflict, they receive a 1- LAUTENBERG’s amendment has been—I know there are occasionally differences for-1 or 3-month reduction in the re- know it has been offered. I am won- of opinion about some aspects of this, tirement age, from 60 down to the min- dering whether there is further debate and the fact that we could work imum or lower level of 55. The Durbin on the Lautenberg amendment. through them at this moment means a amendment simply would not make Mr. WARNER. Mr. President, I wish great deal to me, as I know it does to that kind of 1-to-1 offset but would to say to my colleague at the present the families of the Guard men and treat the Guard and Reserve the same time I am drafting an amendment in women we are attempting to help. as the Active-Duty folks. Unfortu- the second degree. As soon as I have it, Mr. WARNER. Mr. President, the dis- nately, the difference between the two I will be prepared to debate it on the tinguished Senator from Indiana has is we cannot afford the Durbin amend- floor and let the matter go to a vote. had a lot on his mind here recently ment. Mr. LEVIN. I think it is very helpful with the tragic natural disaster in his What my amendment does is to ulti- that Senator LAUTENBERG be informed State, and I thank him for finding the mately allow the reduction down to that there is a plan to offer a second- time to come to the Chamber and offer age 55 for those Reserve and Guard peo- degree amendment so perhaps he can this amendment. I recall, during the ple who are activated. It has a cost, then be prepared to come to the floor markup of the Armed Services bill, he, over 5 years, of about $320 million. The and debate whatever that second-de- being a very valued member of the Durbin amendment has a cost of about gree amendment is. committee, had this general concept in $4.8 billion over that same 5-year pe- Mr. WARNER. I would propose to do mind. The Senator advised the com- riod. That is such a significant dif- it. I would have to check. There are mittee as a whole in the markup ses- ference that, in my opinion, we will three amendments, and actually the sion that at the time this bill reached never get that done. fourth is the pending amendment. I the floor, he would have formulated his My amendment can be done. It is a will see if he cannot possibly bring up thoughts and done his research and movement in the right direction, to his amendment right after the two gathered his colleagues and would recognize that we are calling up these votes. present this bill. That he has done, and folks on a more regular basis and that Mr. LEVIN. Perhaps during those two in that he has succeeded. This is a mat- we should continue to provide them votes, if the chairman so desires, we ter we will take up in conference with and their families with some security could try to line up the rest of the careful consideration. measures from the standpoint of business for tonight. I thank our colleague. incentivizing them to go into the Mr. WARNER. I thank my partner, The PRESIDING OFFICER. The Sen- Guard and Reserve and stay in the who has been most helpful in getting ator from Michigan. Guard and Reserve. this bill passed. We are going to try Mr. LEVIN. Mr. President, let me add The PRESIDING OFFICER. All time and facilitate that. my thanks to the Senator from Indiana has expired.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.068 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12585 Mr. CHAMBLISS. The Durbin amend- The PRESIDING OFFICER. The Sen- thank you for all your hard work on our be- ment would not do that. Mine would. ator from Michigan is recognized. half. Mr. WARNER. Mr. President, I ask Mr. LEVIN. Mr. President, I support Sincerely, unanimous consent that the vote be de- very much the Chambliss amendment. CASEY W. COANE, RADM, USN (Ret) Executive Director. layed by 5 minutes so the Senators I think it makes an important state- may have a minute or 2, I can have a ment, as well as taking an important The PRESIDING OFFICER. All time minute or 2, and the Senator from step toward greater equity relative to has expired. Michigan can have a minute or 2. retirement. The Senator from Georgia Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. Without has described his amendment, and I for the yeas and nays. objection, it is so ordered. will not describe it again because he The PRESIDING OFFICER. Is there a Mr. CHAMBLISS. Mr. President, if has accurately described it. sufficient second? There is a sufficient second. we are going to call on these brave vol- I commend him for this amendment. Mr. WARNER. Mr. President, I also unteers, we need to incentivize them, It is an important amendment. ask for the yeas and nays on the Dur- and my amendment does that. It seeks I ask the Presiding Officer whether there is time between the vote on the bin amendment. to call on the individual from a volun- The PRESIDING OFFICER. Is there a Chambliss amendment and the Durbin teer standpoint. It doesn’t seek to pro- sufficient second? amendment for an explanation of the tect the top level, the officers and the There is a sufficient second. uppercrust, the enlisted personnel. It Durbin amendment. The question is on agreeing to the The PRESIDING OFFICER. There seeks to protect all members of the amendment of the Senator from Geor- are 2 minutes equally divided. Guard and Reserve from the enlisted gia. The clerk will call the roll. Mr. LEVIN. I will be in a position of standpoint and give them an oppor- The assistant legislative clerk pro- supporting the Chambliss and Durbin tunity to reduce their retirement age ceeded to call the roll. from 60 down to 55. amendments. While the Chambliss Mr. DURBIN. I announce that the amendment takes an important step, I think it is fair. I think it is reason- Senator from New Jersey (Mr. CORZINE) able. And I think it is supportable. the Durbin amendment takes three or is necessarily absent. I ask my colleagues to support my four important steps in the right direc- The PRESIDING OFFICER (Mr. amendment and to vote against the tion allowing earlier retirement. Where VITTER). Are there any other Senators Durbin amendment. there has been 25 years of service, for in the Chamber desiring to vote? I ask unanimous consent that Sen- instance, retirement would be allowed The result was announced—yeas 99, ator HAGEL be added as a cosponsor of at age 55. Where there has been 24 nays 0, as follows: my amendment. years of service under the Durbin [Rollcall Vote No. 314 Leg.] amendment, retirement would be al- The PRESIDING OFFICER. Without YEAS—99 objection, it is so ordered. lowed at age 56. There is a greater cost. Akaka Dole Martinez Mr. WARNER. Mr. President, I like- I think it is justified. We will talk Alexander Domenici McCain wise ask to be added as a cosponsor of more about that in the minute which Allard Dorgan McConnell the amendment. has been allowed on the Durbin amend- Allen Durbin Mikulski The PRESIDING OFFICER. Without ment. Baucus Ensign Murkowski Bayh Enzi Murray objection, it is so ordered. Mr. CHAMBLISS. Mr. President, I Bennett Feingold Nelson (FL) Mr. WARNER. Mr. President, I ask unanimous consent that a letter Biden Feinstein Nelson (NE) strongly support the Chambliss amend- from the Naval Reserve Association in Bingaman Frist Obama Bond Graham Pryor ment. support of my amendment be printed in Boxer Grassley Reed I want to bring to the attention of the RECORD. Brownback Gregg Reid colleagues that a minute ago we ac- There being no objection, the mate- Bunning Hagel Roberts cepted another amendment which will rial was ordered to be printed in the Burns Harkin Rockefeller Burr Hatch Salazar go to conference, and I am quite con- RECORD, as follows: Byrd Hutchison Santorum fident that out of that conference will NAVAL RESERVE ASSOCIATION, Cantwell Inhofe Sarbanes come a package of further compensa- Alexandria. VA, November 8, 2005. Carper Inouye Schumer tion to the men and women for the Sen. SAXBY CHAMBLISS, Chafee Isakson Sessions Russell Senate Office Building, Washington, Chambliss Jeffords Shelby Guard and Reserve for other reasons. Clinton Johnson Smith But in this bill we are adding enormous DC. Coburn Kennedy Snowe DEAR SENATOR CHAMBLISS: I am writing on benefits for the men and women in the Cochran Kerry Specter behalf of the members of the Naval Reserve Coleman Kohl Stabenow Armed Forces, all of which are justified Association in support of your amendment Collins Kyl Stevens in many areas. The Senator has picked to reduce the age at which reserve compo- Conrad Landrieu Sununu out an area which has been under con- nent members receive their retirement pen- Cornyn Lautenberg Talent sideration for some period of time. But sion. Craig Leahy Thomas An active component member retiring at Crapo Levin Thune I point out that the cost of the Durbin Dayton Lieberman Vitter second degree, which vote will follow 20 years of service receives a pension imme- DeMint Lincoln Voinovich this one, must be considered in the diately upon retirement. A reserve compo- DeWine Lott Warner nent member serving the same number of Dodd Lugar Wyden area of $1 billion for their 2006 and $10 qualifying years cannot. Reducing the age NOT VOTING—1 billion over the next 10 years. That is from 60, will be a positive step in mitigating 10 times, according to my calculation, this disparity. A more equitable retirement Corzine the cost to the Federal taxpayer of the program will aid greatly in recruiting and The amendment (No. 2433) was agreed amendment of the Senator from Geor- retaining members in the Navy Reserve, and to. gia. all reserve components. When the age limit Mr. WARNER. I move to reconsider Am I correct? for receipt of retired pay by reserve compo- the vote. Mr. CHAMBLISS. That is correct. nent members was set decades ago, the Navy Reserve, and other reserve components, was Mr. LEVIN. I move to lay that mo- Mr. WARNER. So I urge my col- not relied upon the way it is today. tion on the table. leagues we must show some restraint The objective is to support the reduction of The motion to lay on the table was as we are going through a number of the age for retirement eligibility from its agreed to. valid and important increments in pay current level to one that is consistent with The PRESIDING OFFICER. There and benefits for the men and women in today’s utilization of the reserve component. are now 2 minutes of debate equally di- the Armed Forces. In essence, the Your new legislation which links that reduc- vided on the upcoming amendment. Chambliss amendment is an adaptation tion to duty in a recalled to active duty sta- The Senator from Virginia is recog- of the Durbin amendment but at one- tus accomplishes that goal. I look forward to working together in sup- nized. tenth the cost because I think you are port of a strong and viable Navy Reserve, Mr. WARNER. Mr. President, we more equitably treating those who and all reserve components. Again, on behalf have this vote. We are making great have served in periods of active service. of the members of the Naval Reserve Asso- progress on this bill. I will be con- I thank the Senator. ciation and members of the Navy Reserve, sulting with the leadership. There is a

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.070 S09NOPT1 S12586 CONGRESSIONAL RECORD — SENATE November 9, 2005 possibility we would like to continue The PRESIDING OFFICER. The The PRESIDING OFFICER. Without tonight, but with regard to further question is on agreeing to the amend- objection, it is so ordered. rollcall votes, we will have to consult ment. The yeas and nays have been or- The amendment is as follows: our respective leaders to determine dered. The clerk will call the roll. (Purpose: To modify the multiyear that. We will do that as quickly as pos- The legislative clerk called the roll. procurement authority for C–17 aircraft) sible so as to convenience Senators. Mr. DURBIN. I announce that the Strike section 131 and insert the following: But this bill will go on tonight. It may Senator from New Jersey (Mr. CORZINE) SEC. 131. C–17 AIRCRAFT PROGRAM AND INTER- well be we debate amendments and is necessarily absent. THEATER AIRLIFT REQUIREMENTS. stack them for the morning. The PRESIDING OFFICER. Are there (a) MULTIYEAR PROCUREMENT AUTHOR- Mr. LEVIN. Is there any way of de- any other Senators in the Chamber de- IZED.—The Secretary of the Air Force may, in accordance with section 2306b of title 10, termining that now? siring to vote? United States Code, enter into a multiyear Mr. WARNER. Well, I have to get my The result was announced—yeas 40, contract, beginning with the fiscal year 2006 leader, I have to tell you. I know he nays 59, as follows: program year, for the procurement of up to came on and off the floor. [Rollcall Vote No. 315 Leg.] 42 additional C–17 aircraft. Mr. President, the managers wish to YEAS—40 (b) CERTIFICATION REQUIRED.—Before the advise the Senate that this will prob- exercise of the authority in subsection (a), Akaka Harkin Murray the Secretary of Defense shall submit to the ably be the last rollcall vote tonight. Bayh Inouye Nelson (FL) congressional defense committees a certifi- But we will continue to debate amend- Biden Jeffords Obama cation that the additional airlift capacity to Bingaman Johnson Pryor ments and stack them for a time be provided by the C–17 aircraft to be pro- agreed upon by the two leaders for to- Boxer Kennedy Reed Byrd Kerry Reid cured under the authority is consistent with morrow morning. Cantwell Kohl Rockefeller the quadrennial defense review under section AMENDMENT NO. 2473, AS MODIFIED Clinton Landrieu Salazar 118 of title 10, United States Code, to be sub- Dayton Lautenberg Sarbanes mitted to Congress with the budget of the The PRESIDING OFFICER. Who Dodd Leahy Schumer President for fiscal year 2007 (as submitted yields time on the amendment? Dorgan Levin Stabenow Mr. DURBIN. Mr. President, if I Durbin Lieberman under section 1105(a) of title 31, United Feingold Lincoln Wyden States Code), as qualified by subsection (c). could have the attention of the Cham- Feinstein Mikulski (c) ADDITIONAL EXPLANATION OF INTER-THE- ber for 60 seconds. ATER AIRLIFT REQUIREMENTS.— NAYS—59 The last amendment by Senator (1) INCLUSION IN QUADRENNIAL DEFENSE RE- CHAMBLISS received 99 votes. We all Alexander Crapo McCain VIEW.—The Secretary of Defense shall, as joined in supporting it. It was a good Allard DeMint McConnell part of the quadrennial defense review in 2005 Allen DeWine Murkowski and in accordance with the provisions of sec- amendment. This amendment, which I Baucus Dole Nelson (NE) tion 118(d)(9) of title 10, United States Code, am offering, I think is better. Here is Bennett Domenici Roberts carry out an assessment of the inter-theater why. Bond Ensign Santorum airlift capabilities required to support the Under the amendment offered by Brownback Enzi Sessions Bunning Frist Shelby national defense strategy. Senator CHAMBLISS, you could reduce Burns Graham Smith (2) ADDITIONAL INFORMATION.—In including Burr Grassley the age at which you are eligible as a Snowe the assessment required by paragraph (1) in Carper Gregg reservist to start receiving your retire- Specter the quadrennial defense review as required Chafee Hagel ment based on the time you spent mo- Chambliss Hatch Stevens by that paragraph, the Secretary shall ex- bilized, activated. This amendment Coburn Hutchison Sununu plain how the recommendations for future Cochran Inhofe Talent airlift force structure requirements in that says you could reduce it by the time Thomas served in the Reserve. Coleman Isakson quadrennial defense review take into ac- Collins Kyl Thune count the following: Right now, no matter when you Conrad Lott Vitter (A) The increased airlift demands associ- Voinovich start, how long you serve, you cannot Cornyn Lugar ated with the Army modular brigade combat Craig Martinez Warner draw the first dollar in retirement teams. until you are 60 years old. Under my NOT VOTING—1 (B) The objective to deliver a brigade com- amendment, if you have served 25 years Corzine bat team anywhere in the world within four in the Reserve, you could start drawing to seven days, a division within 10 days, and The amendment (No. 2473), as modi- multiple divisions within 20 days. it at age 55, which is the common re- fied, was rejected. tirement age for civil servants, for (C) The increased airlift demands associ- Mr. WARNER. I move to reconsider ated with the expanded scope of operational Federal employees. the vote. activities of the Special Operations forces. My amendment is endorsed by the Mr. LEVIN. I move to lay that mo- (D) The realignment of the overseas basing National Guard Association, the Mili- tion on the table. structure in accordance with the Integrated tary Officers Association, and the Re- The motion to lay on the table was Presence and Basing Strategy. serve Officers Association. (E) Adjustments in the force structure to agreed to. Mr. President, I ask unanimous consent to meet homeland defense requirements. add Senators Corzine and Landrieu as co- Mr. WARNER. Mr. President, I see (F) The potential for simultaneous home- sponsors. the distinguished Senator from Mis- land defense activities and major combat op- The PRESIDING OFFICER. Without souri and the Senator from Con- erations. objection, it is so ordered. necticut. This is one of the amend- (G) Potential changes in requirements for Who seeks time in opposition? ments in the 12 on this side of the aisle. intra-theater airlift or sealift capabilities. The Senator from Georgia is recog- I would like to have this amendment (d) MAINTENANCE OF C–17 AIRCRAFT PRO- move forward. DUCTION LINE.—In the event the Secretary of nized. Defense is unable to make the certification Mr. CHAMBLISS. Mr. President, as I The PRESIDING OFFICER. The Sen- specified in subsection (b), the Secretary of said earlier, while I sympathize with ator from Missouri is recognized. the Air Force should procure sufficient C–17 the Senator from Illinois, because this AMENDMENT NO. 2477 aircraft to maintain the C–17 aircraft pro- is a critical issue, it is simply a matter Mr. TALENT. Mr. President, I have an duction line at not less than the minimum of not being able to provide the funding amendment at the desk. sustaining rate until sufficient flight test for this particular retirement bill. The PRESIDING OFFICER. The data regarding improved C–5 aircraft mission We had this issue up last year, and capability rates as a result of the Reliability clerk will report. Enhancement and Re-engining Program and we did not get the funding for it. My The legislative clerk read as follows: Avionics Modernization Program have been bill takes a more reasonable approach. The Senator from Missouri [Mr. TALENT], obtained to determine the validity of as- It rewards those men and women who for himself, Mr. WARNER, Mr. STEVENS, Mr. sumptions concerning the C–5 aircraft used are serving in Iraq today. CHAMBLISS, Mr. CORNYN, Mr. LIEBERMAN, in the Mobility Capabilities Study. I ask that we render a ‘‘no’’ vote Mrs. BOXER, Mrs. FEINSTEIN, and Ms. COL- Mr. TALENT. Mr. President, Senator against this amendment so we can LINS, proposes an amendment numbered 2477. LIEBERMAN and I are offering an make a strong move to include my Mr. TALENT. Mr. President, I ask amendment that we believe is crucial amendment in the conference report unanimous consent that reading of the to providing our Armed Forces with that will be forthcoming. amendment be dispensed with. the air transport capabilities they

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.072 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12587 need. The amendment has been cospon- dition to other programs for increasing days, our increased involvement in sored by Chairman WARNER and Sen- the lift capabilities of the Department. international humanitarian relief mis- ators STEVENS, BOXER, FEINSTEIN, The Department’s decision regarding sions and deployment back to the CORNYN, CHAMBLISS, and others. In ad- future C–17 production is, we believe, United States of forces as part of the dition, we have worked closely with imminent. Senator LIEBERMAN and I Global Posture Review. the chairman and Senator LEVIN and believe if we do not procure additional We cannot pull back from forward committee staff, and the amendment transports, our intertheater airlift ca- bases around the world. We cannot has been cleared on both sides. I am pabilities will be inadequate to meet adapt increased requirements for being grateful to the managers of the bill for our military’s needs. We will lack the able to move substantial forces of the their work on this important legisla- lift capability needed to deploy and Army around the world. We cannot tion. adequately sustain forces overseas. fight a global war on terror everywhere The Defense Department’s current While our primary responsibilities and perform humanitarian relief func- intertheater airlift requirement was es- must be to our military personnel and tions around the world. We cannot do tablished by the Mobility Requirement national security, there is also a sig- these things without adequate lift. Study, called MRS–05, which was re- nificant economic stake for many What is at stake is the ability of the leased in December 2000. That study States. C–17 production generates ap- United States to project its military identified the airlift necessary to con- proximately $8.4 billion in economic power on the world and to project aid duct high-priority missions in support activity and is supported by 702 sup- where necessary on a humanitarian of two major theater wars. That was pliers in 42 States. This is a major in- basis around the world. It is this airlift the national military strategy at the dustrial base issue. St. Louis is one of which enables us to do the other trans- time, to be able to conduct two major the essential suppliers of components formational things in the military theater wars at the same time. for the C–17. I have had the privilege of which are the way we hope to sustain Even back in 2001, recently retired visiting workers who build parts for an adequate military force while also TRANSCOM Commander, GEN John the plane. having some economies. Handy, identified the Department’s There are over 1,800 people through- Senator LIEBERMAN and I offer this pre-September 11 intertheater airlift out Missouri who help build the C–17, amendment because intertheater air- requirements as inadequate. He charac- which generates more than $776 million lift is the means by which our forces terized that study, which was a pre-9/11 in economic impact. States such as deploy on short notice anywhere in the study, shortly after its release as a his- California, New York, Illinois, Iowa, world and a primary means by which torical document, not of great value, Connecticut, Florida, and Washington we sustain deployed forces. When the because in his judgment it signifi- have over 491 C–17 suppliers that gen- Chief of Staff of the Air Force, the re- cantly underestimated the true airlift erate over $5.5 billion of economic ac- cently retired head of TRANSCOM, and requirements of the Department even tivity in these States alone. others who understand the central im- at that time. I will expand on this Despite the facts I recited before portance of airlift for our services tell point in a few minutes. about airlift, it has been reported that us about how vital this aircraft is to We are now learning that the Depart- the draft version of the new Mobility the military’s air transport needs, we ment’s most recent study has com- Capabilities Study recommends no fur- believe it is prudent to take their word pletely failed to readjust the airlift re- ther C–17 production beyond 180 air- for it and plan accordingly. quirement in light of all the different craft, at least 42 transports short of the It is my understanding this amend- missions in which the United States is minimum number required. Incredibly, ment has been agreed to on both sides. now and will be engaged for years to the new Mobility Capabilities Study We are certainly grateful for that. I ap- come—the global war on terror, inter- calls for the same transport force preciate the leadership of the floor national humanitarian relief missions, structure planned before 9/11, and it managers in being able to reach that expanded special operations and train- sets forth the same airlift requirement agreement. ing, to say nothing of our need to sup- in the pre-9/11 days. Again, even before Mr. President, I yield the floor. port the underlying national military 9/11, the head of TRANSCOM, General The PRESIDING OFFICER. Who strategy needs. Handy, said the Department’s estimate seeks time? The Senator from Con- The C–17 is the primary intertheater of its airlift requirement was out of necticut. air transport used by the United States date. Yet the draft study doesn’t in- Mr. LIEBERMAN. Mr. President, I to deploy and sustain forces overseas. crease that requirement, even given rise to speak in favor of the amend- It has delivered 70 percent of the cargo the undeniable additional needs since ment that I am privileged to cosponsor airlifted into Iraq. It has turned in the global war on terror began. with my friend from Missouri. He stellar performances in theaters from The Talent-Lieberman amendment spoke very comprehensively and elo- Kosovo to Afghanistan to the global would accomplish three objectives to quently about it. I will say a few words war on terror in all its various loca- protect the lift capability needed to de- and associate myself with everything tions. In addition, the C–17 played a ploy and sustain forces overseas. he has said. key role in several recent humani- First, it would authorize a multiyear This is all about strategic airlift. It tarian relief missions, including the re- contract for the purchase of up to 42 is all about the ability to deploy our sponse to the gulf coast hurricanes and additional C–17 aircraft. forces and the equipment and materials the earthquake in Pakistan. Second, the amendment urges the to sustain them to battlefields around The Chief of Staff for the Air Force, Secretary of the Air Force to sustain the world. The C–17, a remarkable air- GEN Michael Moseley, recently said the production line by procuring a min- craft, has done that with enormous ef- that the C–17 has ‘‘proven its worth in imum sustaining production rate of C– ficiency, reliability, and skill. gold.’’ 17s per year at least until further as- I have been around here long enough The real question before the Senate sessment of airlift needs are com- now that I remember when the mili- is not whether we need additional pleted. tary was pleading with us in Congress intertheater airlift but how much more Third, it requires the Secretary of to authorize and appropriate for the de- airlift is required. The Air Force’s Defense to certify whether there is a velopment of a new strategic airlift ca- longstanding position, reiterated time need for additional C–17s by assessing pacity. It became the C–17. I remember and again over the last few years, has the additional intertheater airlift re- the arguments. The strategic airlift is been at least 222 C–17s—42 more than quirements generated by seven factors like the long pole in a tent. If the pole the planned procurement of 180 air- which have to be considered but which is gone, the tent collapses. If you can- craft—are needed to meet growing air- were not considered, we believe, in the not get your forces, material, and lift requirements. General Handy re- flawed mobility study, including the equipment to support them to the field peatedly testified that 222 C–17s would Army’s shift to brigade combat teams, of battle around the world—the fields be the minimum necessary to meet our its goal of deploying a brigade any- of battle are not only dispersed around airlift requirements and that even where in the world in 4 to 7 days, and the world but in very different cir- more may be needed, and this is in ad- a division anywhere in the world in 10 cumstances often without typical or

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.074 S09NOPT1 S12588 CONGRESSIONAL RECORD — SENATE November 9, 2005 conventional airfields on which to what we call intertheater demand— he has done to bring this forward. It land—then you can’t fight the battle. within the theater—demand for stra- has been a pleasure working with him. From that plea over a period of years tegic airlift, and there will be no sig- I ask my colleagues to support the came the design and construction of nificant increase in concurrent demand amendment. the C–17. I remember the first day I associated with homeland defense at The PRESIDING OFFICER. The Sen- saw the first C–17 fly into an airfield in the same time there are major combat ator from Virginia. East Hartford, associated with Pratt & operations overseas underway. Mr. WARNER. Mr. President, I Whitney who, I am proud to say, builds Senator TALENT pointed out that re- strongly endorse the amendment by the engines for these planes. It is re- cently the C–17s were used to bring our colleagues, both the Senator from markable. It is an enormous plane. The critically important materials into the Missouri and the Senator from Con- pilots flew it with an ease and mobility gulf coast area after Hurricane Katrina necticut. They have carefully discussed that made it seem like a much smaller struck. with us the process by which they ar- plane. I say that all of these assumptions of rived at this conclusion. I must say, It has performed admirably over the the Mobility Capabilities Study, which putting aside a little modesty, years years. Time after time, members of the reached this unique conclusion that we and years ago, I was the one who on Armed Services Committee, on which will be safe with 180 C–17s, are suspect. several occasions worked with others the Senator from Missouri and I are The fact is, the Department of Defense in this Senate to save the C–17 from privileged to serve, have heard our is now looking at some very different even coming into being. We could see warfighting commanders tell us that military planning scenarios which the needs into the future. they don’t have enough strategic air- would occasion very significant de- This plane has been an absolute, lift. mand for the C–17 strategic airlift ca- rock-solid performer in our inventory I am privileged to serve as the rank- pacity. of airlift. I think this amendment ing Democrat on the Airland Sub- We know that in-theater demand for comes at a critical time, expressing the committee of the Armed Services Com- this capacity has obviously increased desires of the Congress. It gives flexi- mittee. We authorize strategic airlift, in Iraq because of the danger of ground bility to the Secretary of the Air Force and here, too, we have heard over and movement, and the C–17s have met and the Secretary of Defense to pro- over, one, about the need and, two, that need brilliantly and reliably. ceed. I strongly support it. about the enormously impressive per- Subsequent insurgencies, the kinds of At this time, it may be necessary to formance of the C–17. unconventional conflicts and threats put in a quorum call so the matter can It is the heart of our strategic airlift. we are likely to face in the years be discussed. Is that correct? The Air Force, as my friend from Mis- ahead, will also require the kind of The PRESIDING OFFICER. The Sen- souri, Senator TALENT, has said, has unique capacity that this aircraft has ator from Connecticut. contended over and over—and this to carry an enormous amount of mate- Mr. LIEBERMAN. Mr. President, I reaches a level of a plea also—that we rial or personnel and land in very un- ask unanimous consent that my friend need 222 C–17s. That is a position held conventional and different and colleague from Connecticut, Sen- by the U.S. Transportation Command, topographies. ator DODD, be added as an original co- which is responsible for the planning There is now, as we know, a Quadren- sponsor of the amendment. and providing of strategic transpor- nial Defense Review underway. That is The PRESIDING OFFICER. Without tation for our military. done every 4 years within the Pentagon objection, it is so ordered. Here is the problem and what brings to sketch out—more than sketch out— Mr. LIEBERMAN. He has been a Senator TALENT and I and a very broad to define and delineate the strategic steadfast and I would go so far as to group of Senators of both parties to and specific materiel needs of our mili- say a fervent supporter of the C–17 over offer this amendment. tary to execute the national military the years of the existence of this pro- A study has recently been completed strategy. That QDR is underway and gram, and on behalf of Senator TALENT, by the Department of Defense called probably will address these issues. I I ask that when a vote is taken on this the Mobility Capabilities Study. It personally believe that the QDR will amendment, it be taken by rollcall. concludes, uniquely—no one else has— increase the requirement for strategic The PRESIDING OFFICER. The Sen- that the need now is only for 180 C–17s; airlift, not decrease it, as the Mobility ator from Michigan. again, at odds with the Transportation Capabilities Study suggests. Mr. LEVIN. Mr. President, we sup- Command. Here is the problem. If that This amendment is protection port this amendment. The Secretary’s position holds and we stop production against the implementation of the Mo- certification that is involved should of the C–17 at 180, that would mean pro- bility Capabilities Study numbers pre- not be related to the mobility capa- duction would end in 2008 and the pro- maturely, of the shutting down of bility study because that will not make duction line would close. It is hard to these production lines, of the loss of any recommendations for changing air- start it up again—impossible to start it jobs, and of the inability to meet the lift requirements. The certification up again. A lot of people around the strategic airlift needs of our military. should be related to the Quadrennial country, including in Connecticut, will The amendment says the Secretary Defense Review because if there are lose their jobs. of the Air Force may execute a changes in the national military strat- There is a fundamental flaw to the multiyear contract for the 42 more air- egy that affect airlift requirements, Mobility Capabilities Study. It is sim- planes that would bring us to the 222 those should be reflected in the QDR. ply that the case has not been made standing requirement, that the Depart- If the Air Force does not buy any that we are going to adequately sup- ment of Defense must reconsider the more C–17 aircraft after 2007, Boeing port our military with 180 of these validity of those Mobility Capabilities may have to close down its production planes. We need 222. Study assumptions during the QDR, line after delivering the last of 180 C– The Mobility Capabilities Study has and that the production line for the C– 17s. That would be before we have the serious limits and flaws. The first point 17s and all component parts must be testing data on the C–5 upgrades be- is that it started several years ago, and kept operating at least at a minimum cause that data will not be available its conclusions are based on assump- sustaining rate until we are confident until 2008. tions that I contend are no longer of what we need. Given the fact there are some risks valid. This is a hedge against a precipitous those upgrades will not achieve the Among these that concern me most and, I would say, dangerous decision mission-capable rates the DOD expects are the assumptions that the planning made based on a single study done and then make it possible for us to scenarios in place during the study, the within the Pentagon. meet our lift requirements, this is a war situation scenarios, need situation I am grateful for the encouragement positive amendment. It gives some real scenarios, are still valid. Also, that and, I hope and believe, support of the flexibility and discretion to the Sec- there will be no increase in demand chairman of the Armed Services Com- retary of Defense. from revisions in those planning sce- mittee and the ranking Democrat. I The PRESIDING OFFICER. The Sen- narios, that there will be no increase in thank Senator TALENT for all the work ator from Virginia.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.076 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12589 Mr. WARNER. Mr. President, do I un- amendment in the second degree. But (c) OFFSET.—The amount authorized to be derstand the Senators desire a rollcall under the underlying unanimous con- appropriated by section 301(4) is hereby re- vote? sent agreement on which we are oper- duced by $5,000,000. Mr. TALENT. That is correct. ating on this bill, all time has to be AMENDMENT NO. 1329, AS MODIFIED Mr. WARNER. I ask for the yeas and yielded back before the second-degree (Purpose: To authorize, with an offset, an ad- nays. amendment may be offered. ditional $1,000,000 for procurement for the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- Marine Corps for General Property for sufficient second? ator from New Jersey asked consent to Field Medical Equipment for the Rapid In- travenous (IV) Infusion Pump) There appears to be a sufficient sec- second-degree his amendment. The ond. At the end of subtitle C of title I, add the amendment is not currently the pend- following: The yeas and nays were ordered. ing question, nor has all time expired SEC. 124. RAPID INTRAVENOUS INFUSION PUMP. Mr. WARNER. We will schedule this on the first-degree amendment, so it is vote at a time in consultation with our (a) ADDITIONAL AMOUNT FOR PROCUREMENT appropriate to ask consent at this FOR THE MARINE CORPS.—The amount au- respective leaders. There may be some time. thorized to be appropriated by section 102(b) other matters that we have. Is there objection? for procurement for the Marine Corps is The PRESIDING OFFICER. The Sen- Mr. WARNER. Objection. hereby increased by $1,000,000. ator from Missouri is recognized. The PRESIDING OFFICER. Objec- (b) AVAILABILITY OF AMOUNT.—Of the Mr. TALENT. Mr. President, I again tion is heard. amount authorized to be appropriated by thank the chairman and ranking mem- Mr. LAUTENBERG. Mr. President, I section 102(b) for procurement for the Marine ber for their hard work. The Senator suggest the absence of a quorum. Corps, as increased by subsection (a), from Connecticut and I talked about it. $1,000,000 may be available for General Prop- The PRESIDING OFFICER. The erty for Field Medical Equipment for the We thought this measure, going to the clerk will call the roll. Rapid Intravenous (IV) Infusion Pump. heart of such an important require- The legislative clerk proceeded to (c) OFFSET.—The amount authorized to be ment, was worthy of a rollcall vote. I call the roll. appropriated by section 301(4) is hereby re- do appreciate the chairman’s patience Mr. WARNER. Mr. President, I ask duced by $1,000,000. on that. unanimous consent that the order for AMENDMENT NO. 1382, AS MODIFIED Mr. WARNER. I suggest the absence the quorum call be dispensed with. (Purpose: To require a report on the aircraft of a quorum. The PRESIDING OFFICER. Without of the Army to perform the High-altitude The PRESIDING OFFICER (Mr. objection, it is so ordered. Aviation Training Site of the Army Na- DEMINT). The clerk will call the roll. AMENDMENTS NOS. 1316, AS MODIFIED; 1329, AS tional Guard) The assistant legislative clerk pro- MODIFIED; 1382, AS MODIFIED; 1410, 1438, 1444, At the end of subtitle C of title III, add the ceeded to call the roll. 1469, AS MODIFIED; 1471, 1534, 1543, 1544, AS MODI- following: Mr. WARNER. Mr. President, I ask FIED; 1550, AS MODIFIED; 1559, AS MODIFIED; SEC. 330. REPORT ON AIRCRAFT TO PERFORM unanimous consent the order for the 1560, AS MODIFIED; 1562, 1567, AS MODIFIED; 1885, HIGH-ALTITUDE AVIATION TRAIN- quorum call be rescinded. 2484, 2485, 2486, 2487, 2488, 2489, 2490, 2491, 2492, 2493, ING SITE The PRESIDING OFFICER. Without 2494, 2495, 2496, 2497, 2498, 2499 TO 1396; 2500, 2501, Not later than December 15, 2005, the Sec- 2502, 2503, 2504, 2505, AND 2506, EN BLOC retary of the Army shall submit to the con- objection, it is so ordered. gressional defense committee a report con- Mr. WARNER. The Senate is now in Mr. WARNER. Mr. President, in con- sultation with the distinguished Sen- taining the following: session on the bill; is that correct? (1) An evaluation of the type of aircraft The PRESIDING OFFICER. The Sen- ator from Michigan, I send a managers’ available in the inventory of the Army that ator is correct. package of some 40 amendments to the is most suitable to perform the High-altitude desk which have been cleared by my- AMENDMENT NO. 2478 Aviation Training Site (HAATS) mission. self and the ranking member. (2) A determination of when such aircraft Mr. LAUTENBERG. Mr. President, I Mr. LEVIN. Mr. President, the may be available for assignment to the want to amend my amendment, No. amendments have been cleared on our HAATS. 2478, which I introduced earlier, to in- side. AMENDMENT NO. 1410 clude another paragraph to clarify ex- Mr. WARNER. Mr. President, I ask (Purpose: To express the sense of Congress actly what we mean. I listened to rec- unanimous consent the Senate consider concerning actions to support the Nuclear ommendations that we use other lan- those amendments en bloc, the amend- Non-Proliferation Treaty) guage that again further clarifies the ments be agreed to, and the motions to On page 296, after line 19, add the fol- intent here. reconsider be laid upon the table. Fi- lowing: The intent, very simply, is to say if nally, I ask unanimous consent that SEC. 1205. SENSE OF CONGRESS ON SUPPORT someone violates the rules for transfer- any statements relating to any of these FOR NUCLEAR NON-PROLIFERATION TREATY. ring classified information knowingly, individual amendments be printed in then we think they should lose that op- Congress— the RECORD. (1) reaffirms its support for the objectives portunity for access to that. The PRESIDING OFFICER. Without That was the sole purpose. I offer it. of the Treaty on the Non-Proliferation of objection, it is so ordered. Nuclear Weapons, done at Washington, Lon- Mr. WARNER. Mr. President, I ob- The amendments were agreed to en don, and Moscow July 1, 1968, and entered ject. bloc, as follows: into force March 5, 1970 (the ‘‘Nuclear Non- The PRESIDING OFFICER. Objec- Proliferation Treaty’’); AMENDMENT NO. 1316, AS MODIFIED tion is heard. (2) expresses its support for all appropriate Mr. LAUTENBERG. Mr. President, I (Purpose: To authorize, with an offset, an ad- measures to strengthen the Nuclear Non- ask unanimous consent to second-de- ditional $5,000,000 for research, develop- Proliferation Treaty and to attain its objec- ment, test, and evaluation for the Army tives; and gree my amendment. I send it to the for the Joint Service Small Arms Program) desk for consideration. (3) calls on all parties to the Nuclear Non- At the end of subtitle B of title II, add the Mr. LEVIN. Parliamentary inquiry. Proliferation Treaty— following: (A) to insist on strict compliance with the The PRESIDING OFFICER. The Sen- SEC. 213. JOINT SERVICE SMALL ARMS PRO- non-proliferation obligations of the Nuclear ator from Michigan. GRAM. Non-Proliferation Treaty and to undertake Mr. LEVIN. Parliamentary inquiry: (a) INCREASED AMOUNT FOR RESEARCH, DE- effective enforcement measures against It is my understanding the Senator has VELOPMENT, TEST, AND EVALUATION, ARMY.— states that are in violation of their obliga- a right to send a second-degree amend- The amount authorized to be appropriated tions under the Treaty; ment to the desk without consent. by section 201(1) for research, development, (B) to agree to establish more effective The PRESIDING OFFICER. The Sen- test, and evaluation for the Army is hereby controls on enrichment and reprocessing ator may second-degree his own increased by $5,000,000. technologies that can be used to produce ma- amendment without consent. (b) AVAILABILITY OF AMOUNT.—Of the terials for nuclear weapons; amount authorized to be appropriated by (C) to expand the ability of the Inter- Mr. WARNER. Mr. President, my un- section 201(1) for research, development, test, national Atomic Energy Agency to inspect derstanding of the parliamentary situ- and evaluation for the Army, as increased by and monitor compliance with safeguard ation is that the ruling of the Chair is subsection (a), $5,000,000 may be available for agreements and standards to which all states correct, that a Senator may send an the Joint Service Small Arms Program. should adhere through existing authority

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.077 S09NOPT1 S12590 CONGRESSIONAL RECORD — SENATE November 9, 2005

and the additional protocols signed by the AMENDMENT NO. 1469, AS MODIFIED AMENDMENT NO. 1543 states party to the Nuclear Non-Prolifera- (Purpose: To renew the moratorium on the (Purpose: To authorize the Secretary of En- tion Treaty; return of veterans memorial objects to for- ergy to carry out certain new plant (D) to demonstrate the international com- eign nations without specific authorization projects for defense nuclear non-prolifera- munity’s unified opposition to a nuclear in law) tion activities) weapons program in Iran by— At the end of subtitle G of title X, add the On page 372, line 3, insert after (i) supporting the efforts of the United following: ‘‘$1,637,239,000’’ the following: ‘‘, of which States and the European Union to prevent amount $338,565,000 shall be available for the Government of Iran from acquiring a nu- SEC. 1073. RENEWAL OF MORATORIUM ON RE- TURN OF VETERANS MEMORIAL OB- project 99–D–143, the Mixed Oxide Fuel Fab- clear weapons capability; and JECTS TO FOREIGN NATIONS WITH- rication Facility, Savannah River Site, (ii) using all appropriate diplomatic means OUT SPECIFIC AUTHORIZATION IN Aiken, South Carolina, and $24,000,000 shall at their disposal to convince the Government LAW. be available fro project 99–D–141, the Pit Dis- of Iran to abandon its uranium enrichment Section 1051(c) of the National Defense Au- assembly and Conversion Facility, Savannah program; thorization Act for Fiscal Year 2000 (Public River Site, Aiken, South Carolina’’. (E) to strongly support the ongoing United Law 106–65; 113 Stat. 763; 10 U.S.C. 2572 note) States diplomatic efforts in the context of is amended by inserting ‘‘, and during the pe- AMENDMENT NO. 1544, AS MODIFIED the six-party talks that seek the verifiable riod beginning on the date of the enactment (Purpose: To authorize, with an offset, an ad- and irreversible disarmament of North Ko- of the National Defense Authorization Act ditional $6,000,000 for Research, Develop- rea’s nuclear weapons programs and to use for Fiscal Year 2006 and ending on September ment, Test, and Evaluation, Navy, for re- all appropriate diplomatic means to achieve 30, 2010. search and development on Long Wave- this result; AMENDMENT NO. 1471 length Array low frequency radio astron- (F) to pursue diplomacy designed to ad- omy instruments) (Purpose: To require a study on the deploy- dress the underlying regional security prob- ment times of members of the National At the end of subtitle B of title II, add the lems in Northeast Asia, South Asia, and the Guard and Reserves in the global war on following: Middle East, which would facilitate non-pro- terrorism) SEC. 213. LONG WAVELENGTH ARRAY LOW FRE- liferation and disarmament efforts in those QUENCY RADIO ASTRONOMY IN- regions; At the end of subtitle C of title V, add the STRUMENTS. following: (G) to accelerate programs to safeguard (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- and eliminate nuclear weapons-usable mate- SEC. 538. DEFENSE SCIENCE BOARD STUDY ON VELOPMENT, TEST, AND EVALUATION, NAVY.— rial to the highest standards to prevent ac- DEPLOYMENT OF MEMBERS OF THE The amount authorized to be appropriated cess by terrorists and governments; NATIONAL GUARD AND RESERVES IN THE GLOBAL WAR ON TERRORISM. by section 201(2) for research, development, (H) to halt the use of highly enriched ura- test, and evaluation for the Navy is hereby (a) STUDY REQUIRED.—The Defense Science nium in civilian reactors; Board shall conduct a study on the length increased by $6,000,000. (I) to strengthen national and inter- and frequency of the deployment of members (b) AVAILABILITY OF AMOUNT.— national export controls and relevant secu- of the National Guard and the Reserves as a (1) IN GENERAL.—Of the amount authorized rity measures as required by United Nations result of the global war on terrorism. to be appropriated by section 201(2) for re- Security Council Resolution 1540; search, development, test, and evaluation for (b) ELEMENTS.—The study required by sub- (J) to agree that no state may withdraw section (a) shall include the following: the Navy, as increased by subsection (a), from the Nuclear Non-Proliferation Treaty (1) An identification of the current range $6,000,000 may be available for research and and escape responsibility for prior violations of lengths and frequencies of deployments of development on Long Wavelength Array low of the Treaty or retain access to controlled members of the National Guard and the Re- frequency radio astronomy instruments. materials and equipment acquired for serves. (2) CONSTRUCTION WITH OTHER AMOUNTS.— ‘‘peaceful’’ purposes; (2) An assessment of the consequences for The amount available under paragraph (1) (K) to accelerate implementation of disar- force structure, morale, and mission capa- for the purpose set forth in that paragraph is mament obligations and commitments under bility of deployments of members of the Na- in addition to any other amounts available the Nuclear Non-Proliferation Treaty for the tional Guard and the Reserves in the course under this Act for that purpose. purpose of reducing the world’s stockpiles of of the global war on terrorism that are (c) OFFSET.—The amount authorized to be nuclear weapons and weapons-grade fissile lengthy, frequent, or both. appropriated by section 301(4) for operation material; and (3) An identification of the optimal length and maintenance for the Air Force is hereby (L) to strengthen and expand support for and frequency of deployments of members of reduced by $6,000,000. the Proliferation Security Initiative. the National Guard and the Reserves during AMENDMENT NO. 1550, AS MODIFIED AMENDMENT NO. 1438 the global war on terrorism. (Purpose: To improve national security (Purpose: To redesignate the Naval Reserve (4) An identification of mechanisms to re- through the establishment of a Civilian as the Navy Reserve) duce the length, frequency, or both of de- Linguist Reserve Corps Pilot Project with- ployments of members of the National Guard in the Department of Defense comprised of (The amendment is printed in the and the Reserves during the global war on citizens fluent in foreign languages who RECORD of July 22, 2005, under ‘‘Text of terrorism. would be available to provide translation Amendments.’’ (c) REPORT.—Not later than May 1, 2006, services and related duties, as needed) the Defense Science Board shall submit to AMENDMENT NO. 1444 On page 48, line 21, strike ‘‘$18,584,469,000’’ the congressional defense committees a re- and insert ‘‘$18,581,369,000’’. (Purpose: To ensure that any reimbursement port on the study required by subsection (a). for services is retained for fire protection The report shall include the results of the At the appropriate place, insert the fol- activity) study and such recommendations as the De- lowing: ll At the end of subtitle G of title X, add the fense Science Board considers appropriate in SEC. . PILOT PROJECT FOR CIVILIAN LIN- GUIST RESERVE CORPS. following: light of the study. (a) ESTABLISHMENT.—The Secretary of De- AMENDMENT NO. 1534 SEC. 1073. RETENTION OF REIMBURSEMENT FOR fense (referred to in this section as the ‘‘Sec- PROVISION OF RECIPROCAL FIRE (Purpose: To permit the Department of De- retary’’), through the National Security PROTECTION SERVICES. fense and other Federal agencies to enter Education Program, shall conduct a 3-year Section 5 of the Act of May 27, 1955 (chap- into reciprocal agreements with fire orga- pilot project to establish the Civilian Lin- ter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amend- nizations for emergency medical services, guist Reserve Corps, which shall be com- ed— hazardous material containment, and posed of United States citizens with ad- (1) by striking ‘‘Funds’’ and inserting ‘‘(a) other emergency services) vanced levels of proficiency in foreign lan- Funds’’; and On page 286, between lines 7 and 8, insert guages who would be available, upon request (2) by adding at the end the following new the following: from the President, to perform any services subsection: SEC. 1073. EXPANSION OF EMERGENCY SERVICES or duties with respect to such foreign lan- ‘‘(b) Notwithstanding the provisions of sub- UNDER RECIPROCAL AGREEMENTS. guages in the Federal Government as the section (a), all sums received for any Depart- Subsection (b) of the first section of the President may require. ment of Defense activity for fire protection Act of May 27, 1955 (69 Stat. 66, chapter 105; (b) IMPLEMENTATION.—In establishing the rendered pursuant to this Act shall be cred- 42 U.S.C. 1856(b)) is amended by striking Civilian Linguist Reserve Corps, the Sec- ited to the appropriation fund or account ‘‘and fire fighting’’ and inserting ‘‘, fire retary, after reviewing the findings and rec- from which the expenses were paid. Amounts fighting, and emergency services, including ommendations contained in the report re- so credited shall be merged with funds in basic and advanced life support, hazardous quired under section 325 of the Intelligence such appropriation fund or account and shall material containment and confinement, and Authorization Act for Fiscal Year 2003 (Pub- be available for the same purposes and sub- special rescue events involving vehicular and lic Law 107–306; 116 Stat. 2393), shall— ject to the same limitations as the funds water mishaps, and trench, building, and (1) identify several foreign languages that with which the funds are merged.’’. confined space extractions’’. are critical for the national security of the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.023 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12591 United States and the relative priority of amount of such increase to be available for forces serving in the position of Associate each such language; research on and facilitation of technology Director of the Central Intelligence Agency (2) identify United States citizens with ad- for converting obsolete chemical munitions for Military Support, while serving in that vanced levels of proficiency in those foreign to fertilizer. position, shall be excluded from the limita- languages who would be available to perform (b) REDUCTION IN FUNDS AVAILABLE TO AIR tions in sections 525 and 526 of this title the services and duties referred to in sub- FORCE.—The amount authorized to be appro- while serving in such position. section (a); priated by section 301(4) for the Air Force is ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.— (3) cooperate with other Federal agencies hereby reduced by $1,000,000. Up to 5 general and flag officers of the armed with national security responsibilities to im- AMENDMENT NO. 1560, AS MODIFIED forces assigned to positions in the Office of the Director of National Intelligence des- plement a procedure for calling for the per- (Purpose: To increase by $1,500,000 the ignated by agreement between the Secretary formance of the services and duties referred amount authorized to be appropriated to of Defense and the Director of National In- to in subsection (a); and the Navy for research within the High- telligence shall be excluded from the limita- (4) implement a call for the performance of Brightness Electron Source program, and tions in sections 525 and 526 of this title such services and duties. to provide an offset) (c) CONTRACT AUTHORITY.—In establishing while serving in such positions.’’. On page 28, between lines 10 and 11, insert the Civilian Linguist Reserve Corps, the Sec- (b) CLERICAL AMENDMENT.—The table of the following: retary may enter into contracts with appro- sections at the beginning of chapter 32 of priate agencies or entities. SEC. 203. FUNDING FOR RESEARCH AND TECH- such title is amended by striking the item NOLOGY TRANSITION FOR HIGH- (d) FEASIBILITY STUDY.—During the course relating to section 528 and inserting the fol- BRIGHTNESS ELECTRON SOURCE lowing new item: of the pilot project, the Secretary shall con- PROGRAM. ‘‘528. Exclusion: officers serving in certain duct a study of the best practices in imple- (a) INCREASE IN FUNDS AVAILABLE TO NAVY intelligence positions.’’. menting the Civilian Linguist Reserve Corps, FOR RESEARCH, DEVELOPMENT, TEST, AND AMENDMENT NO 1885 including— EVALUATION.—The amount authorized to be . (1) administrative structure; appropriated by section 201(2) for research, (Purpose: To authorize the Secretary of the (2) languages to be offered; development, test, and evaluation for the Navy to provide for the welfare of Special (3) number of language specialists needed Navy maybe increased by $1,500,000. Category Residents at Naval Station Guan- for each language; (b) REDUCTION IN FUNDS AVAILABLE TO tanamo Bay, Cuba) (4) Federal agencies who may need lan- ARMY FOR PROCUREMENT, AMMUNITION.—The At the end of subtitle C of title III, add fol- guage services; amount authorized to be appropriated by lowing: (5) compensation and other operating section 301(4) for the Air Force is hereby re- SEC. 330. WELFARE OF SPECIAL CATEGORY RESI- costs; duced by $1,500,000. DENTS AT NAVAL STATION GUANTA- (6) certification standards and procedures; NAMO BAY, CUBA. AMENDMENT NO. 1562 (7) security clearances; (a) IN GENERAL.—The Secretary of the (8) skill maintenance and training; and (Purpose: To designate the annex to the E. Navy may provide for the general welfare, (9) the use of private contractors to supply Barrett Prettyman Federal Building and including subsistence, housing, and health language specialists. United States Courthouse located at 333 care, of any person at Naval Station Guanta- (e) REPORTS.— Constitution Avenue Northwest in the Dis- namo Bay, Cuba, who is designated by the (1) EVALUATION REPORTS.— trict of Columbia as the ‘‘William B. Bry- Secretary, not later than 90 days after the (A) IN GENERAL.—Not later than 1 year ant Annex’’) date of the enactment of this Act, as a so- after the date of enactment of this Act, and On page 371, between lines 8 and 9, insert called ‘‘special category resident’’. annually thereafter until the expiration of the following: (b) PROHIBITION ON CONSTRUCTION OF FA- the 3-year period beginning on such date of SEC. 2887. DESIGNATION OF WILLIAM B. BRYANT CILITIES.—The authorization in subsection enactment, the Secretary shall submit to ANNEX. (a) shall not be construed as an authoriza- Congress an evaluation report on the pilot (a) DESIGNATION.—The annex to the E. Bar- tion for the construction of new housing fa- project conducted under this section. rett Prettyman Federal Building and United cilities or medical treatment facilities. (B) CONTENTS.—Each report required under States Courthouse located at 333 Constitu- (c) CONSTRUCTION OF PRIOR USE OF subparagraph (A) shall contain information tion Avenue Northwest in the District of Co- FUNDS.—The provisions of chapter 13 of title on the operation of the pilot project, the suc- lumbia shall be known and designated as the 31, United States Code, are hereby deemed cess of the pilot project in carrying out the ‘‘William B. Bryant Annex’’. not to have applied to the obligation or ex- objectives of the establishment of a Civilian (b) REFERENCES.—Any reference in a law, penditure of funds before the date of the en- Linguist Reserve Corps, and recommenda- map, regulation, document, paper, or other actment of this Act for the general welfare tions for the continuation or expansion of record of the United States to the annex re- of persons described in subsection (a). the pilot project. ferred to in subsection (a) shall be deemed to AMENDMENT NO. 2484 (2) FINAL REPORT.—Not later than 6 months be a reference to the ‘‘William B. Bryant (Purpose: To authorize, with an offset, an ad- after the completion of the pilot project, the Annex’’. ditional $1,000,000 for research, develop- Secretary shall submit to Congress a final AMENDMENT NO. 1567, AS MODIFIED ment, test, and evaluation for the Army report summarizing the lessons learned, best (Purpose: To modify the exclusion from offi- for Warhead/Grenade Scientific Based Man- practices, and recommendations for full im- cer distribution and strength limitations ufacturing Technology) plementation of the Civilian Linguist Re- of officers serving in intelligence commu- At the end of subtitle B of title II, add the serve Corps. nity positions) following: (f) AUTHORIZATION OF APPROPRIATIONS.— At the end of subtitle A of title V, add the SEC. 213. WARHEAD/GRENADE SCIENTIFIC BASED There are authorized to be appropriated following: MANUFACTURING TECHNOLOGY. $3,100,000 for fiscal year 2006 to carry out the (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- pilot project under this section. SEC. 509. APPLICABILITY OF OFFICER DISTRIBU- TION AND STRENGTH LIMITATIONS VELOPMENT, TEST, AND EVALUATION FOR THE (g) OFFSET.—The amounts authorized to be TO OFFICERS SERVING IN INTEL- ARMY.—The amount authorized to be appro- appropriated by section 301(4) are hereby re- LIGENCE COMMUNITY POSITIONS. priated by section 201(1) for research, devel- duced by $3,100,000 from operation and main- (a) IN GENERAL.—Section 528 of title 10, opment, test, and evaluation for the Army is tenance, Air Force. United States Code, is amended to read as hereby increased by $1,000,000. AMENDMENT NO. 1559, AS MODIFIED follows: (b) AVAILABILITY OF AMOUNT.—Of the amount authorized to be appropriated by (Purpose: To increase by $1,000,000 the ‘‘§ 528. Exclusion: officers serving in certain section 201(1) for research, development, test, amount authorized to be appropriated to intelligence positions the Army for research, development, test, and evaluation for the Army, as increased by ‘‘(a) EXCLUSION OF OFFICER SERVING IN CER- subsection (a), $1,000,000 may be available for and evaluation, to be available for research TAIN CIA POSITIONS.—When either of the in- on and facilitation of technology for con- Weapons and Ammunition Technology dividuals serving in a position specified in (PE#602624A) for Warhead/Grenade Scientific verting obsolete chemical munitions to subsection (b) is an officer of the armed fertilizer, and to provide an offset) Based Manufacturing Technology. forces, one of those officers, while serving in (c) OFFSET.—The amount authorized to be On page 28, between lines 10 and 11, insert such position, shall be excluded from the appropriated by section 301(4) for operation the following: limitations in sections 525 and 526 of this and maintenance, Air Force activities is SEC. 203. FUNDING FOR DEVELOPMENT OF DIS- title while serving in such position. hereby reduced by $1,000,000. TRIBUTED GENERATION TECH- ‘‘(b) COVERED POSITIONS.—The positions re- AMENDMENT NO. 2485 NOLOGIES. ferred to in this subsection are the following: (a) INCREASE IN FUNDS AVAILABLE TO ARMY ‘‘(1) Director of the Central Intelligence (Purpose: To establish the National Foreign FOR RESEARCH, DEVELOPMENT, TEST, AND Agency. Language Coordination Council to develop EVALUATION.—The amount authorized to be ‘‘(2) Deputy Director of the Central Intel- and implement a foreign language strat- appropriated by section 201(1) for research, ligence Agency. egy) development, test, and evaluation for the ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILI- (The amendment is printed in today’s Army maybe increased by $1,000,000, with the TARY SUPPORT.—An officer of the armed Record under ‘‘Text of Amendments.’’)

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.024 S09NOPT1 S12592 CONGRESSIONAL RECORD — SENATE November 9, 2005

AMENDMENT NO. 2486 AMENDMENT NO. 2489 AMENDMENT NO. 2491 (Purpose: To provide, with an offset, an addi- (Purpose: To make available, with an offset, (Purpose: To delay until September 30, 2007, tional $16,000,000 for Operation and Mainte- $3,000,000 for Research, Development, Test, the limitation on the procurement by the nance, Army, for the Point of Mainte- and Evaluation, Air Force, for assurance Department of Defense of systems that are nance/Arsenal/Depot AIT Initiative) for the Field Programmable Gate Array) not equipped with the Global Positioning At the end of subtitle C of title III, add the System) following: At the end of subtitle B of title II, add the At the end of subtitle E of title II, add the following: SEC. 330. POINT OF MAINTENANCE/ARSENAL/ following: DEPOT AIT INITIATIVE. SEC. 213. FIELD PROGRAMMABLE GATE ARRAY. SEC. 244. DELAYED EFFECTIVE DATE FOR LIMI- (a) ADDITIONAL AMOUNT FOR OPERATION AND TATION ON PROCUREMENT OF SYS- (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- MAINTENANCE, ARMY.—The amount author- TEMS NOT GPS-EQUIPPED. VELOPMENT, TEST, AND EVALUATION, AIR ized to be appropriated by section 301(1) for (a) DELAYED EFFECTIVE DATE.—Section FORCE.—The amount authorized to be appro- operation and maintenance for the Army is 152(b) of the National Defense Authorization priated by section 201(3) for research, devel- Act for Fiscal Year 1994 (Public Law 103–160; hereby increased by $10,000,000. opment, test, and evaluation for the Air (b) AVAILABILITY OF AMOUNT.—Of the 107 Stat. 1578), as amended by section 218(e) Force is hereby increased by $3,000,000. amount authorized to be appropriated by of the Strom Thurmond National Defense section 301(1) for operation and maintenance (b) AVAILABILITY OF AMOUNT.—Of the Authorization Act for Fiscal Year 1999 (Pub- for the Army, as increased by subsection (a), amount authorized to be appropriated by lic Law 105–261; 112 Stat. 1952; 10 U.S.C. 2281 $16,000,000 may be available for the Point of section 201(3) for research, development, test, note), is further amended by striking ‘‘2005’’ Maintenance/Arsenal/Depot AIT (AD–AIT) and evaluation for the Air Force, as in- and inserting ‘‘2007’’. (b) RATIFICATION OF ACTIONS.—Any obliga- Initiative. creased by subsection (a), $3,000,000 may be tion or expenditure of funds by the Depart- (c) OFFSET.—The amount authorized to be available for Space Technology (PE # ment of Defense during the period beginning appropriated by section 301(4) is hereby re- 0602601F) for research and development on on October 1, 2005, and ending on the date of duced by $10,000,000, with the amount of the the reliability of field programmable gate ar- the enactment of this Act to modify or pro- reduction to be derived from amounts au- rays for space applications, including design cure a Department of Defense aircraft, ship, thorized to be appropriated by that section of an assurance strategy, reference architec- armored vehicle, or indirect-fire weapon sys- for the Air Force. tures, research and development on reli- ability and radiation hardening, and out- tem that is not equipped with a Global Posi- AMENDMENT NO. 2487 reach to industry and localities to develop tioning System receiver is hereby ratified. (Purpose: To provide, with an offset, an addi- core competencies. AMENDMENT NO. 2492 tional $4,500,000 for Operation and Mainte- (Purpose: To make available, with an offset, nance, Army, for procurement of the RI- (c) OFFSET.—The amount authorized to be appropriated by section 301(4) is hereby re- additional amounts for defense basic re- 2200 and RI-2400 Long Arm High-Intensity search programs) Arc Metal Halide Handheld Searchlight) duced by $3,000,000. At the end of subtitle B of title II, add the At the end of subtitle C of title III, add the AMENDMENT NO. 2490 following: following: (Purpose: To provide for Department of De- SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS. SEC. 330. LONG ARM HIGH-INTENSITY ARC fense support of certain Paralympic sport- (a) ARMY PROGRAMS.—(1) The amount au- METAL HALIDE HANDHELD SEARCH- ing events) thorized to be appropriated by section 201(1) LIGHT. for research, development, test, and evalua- (a) ADDITIONAL AMOUNT FOR OPERATION AND At the end of subtitle C of title III, add the tion for the Army is hereby increased by MAINTENANCE, ARMY.—The amount author- following: $10,000,000. ized to be appropriated by section 301(1) for SEC. ll. DEPARTMENT OF DEFENSE SUPPORT (2) Of the amount authorized to be appro- operation and maintenance for the Army is FOR CERTAIN PARALYMPIC SPORT- priated by section 201(1) for research, devel- hereby increased by $4,500,000. ING EVENTS. opment, test, and evaluation for the Army, (b) AVAILABILITY OF AMOUNT.—Of the as increased by paragraph (1), $10,000,000 may (a) PROVISION OF SUPPORT.—Subsection (c) amount authorized to be appropriated by be available for Program Element 0601103A section 301(1) for operation and maintenance of section 2564 of title 10, United States Code, is amended by adding at the end the fol- for University Research Initiatives. for the Army, as increased by subsection (a), (b) NAVY PROGRAMS.—(1) The amount au- lowing new paragraphs: $4,500,000 may be available for the Long Arm thorized to be appropriated by section 201(2) ‘‘(4) A sporting event sanctioned by the High-Intensity Arc Metal Halide Handheld for research, development, test, and evalua- United States Olympic Committee through Searchlight. tion for the Navy is hereby increased by the Paralympic Military Program. (c) OFFSET.—The amount authorized to be $5,000,000. appropriated by section 301(4) is hereby re- ‘‘(5) A national or international (2) Of the amount authorized to be appro- duced by $4,500,000, with the amount of the Paralympic sporting event (other than one priated by section 201(2) for research, devel- reduction to be derived from amounts au- covered by paragraph (3) or (4))— opment, test, and evaluation for the Navy, as thorized to be appropriated by that section ‘‘(A) which is— increased by paragraph (1), $5,000,000 may be for the Air Force. ‘‘(i) held in the United States or any of its available for Program Element 0601103N for territories or commonwealths; AMENDMENT NO. 2488 University Research Initiatives. ‘‘(ii) governed by the International (c) AIR FORCE PROGRAMS.—(1) The amount (Purpose: To support the acquisition of for- Paralympic Committee; and authorized to be appropriated by section eign language skills among participants in ‘‘(iii) sanctioned by the United States 201(3) for research, development, test, and the Reserve Officers’ Training Corps) Olympic Committee; and evaluation for the Air Force is hereby in- On page 92, after line 25, add the following: ‘‘(B) for which participation exceeds 100 creased by $10,000,000. SEC. 538. PROMOTION OF FOREIGN LANGUAGE amateur athletes.’’. (2) Of the amount authorized to be appro- SKILLS AMONG MEMBERS OF THE (b) FUNDING AND LIMITATIONS.—Such sec- priated by section 201(3) for research, devel- RESERVE OFFICERS’ TRAINING tion is further amended— opment, test, and evaluation for the Air CORPS. (1) by redesignating subsections (d), (e), Force, as increased by paragraph (1), (a) IN GENERAL.—The Secretary of Defense and (f) as subsections (e), (f), and (g), respec- $10,000,000 may be available for Program Ele- shall support the acquisition of foreign lan- tively; and ment 0601103F for University Research Ini- guage skills among cadets and midshipmen (2) by inserting after subsection (c) the fol- tiatives. in the Reserve Officers’ Training Corps, in- lowing new subsection: (d) DEFENSE-WIDE ACTIVITIES.—(1) The cluding through the development and imple- amount authorized to be appropriated by mentation of— ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN section 201(4) for research, development, test, (1) incentives for cadets and midshipmen to EVENTS.—(1) Funds to provide support for a and evaluation for Defense-wide activities is participate in study of a foreign language, sporting event described in paragraph (4) or hereby increased by $15,000,000. including special emphasis for Arabic, Chi- (5) of subsection (c) shall be derived from the (2) Of the amount authorized to be appro- nese, and other ‘‘strategic languages’’, as de- Support for International Sporting Competi- priated by section 201(4) for research, devel- fined by the Secretary of Defense in con- tions, Defense account established by section opment, test, and evaluation for Defense- sultation with other relevant agencies; and 5802 of Public Law 104–208 (110 Stat. 3009–522), wide activities, as increased by paragraph (2) a recruiting strategy to target foreign notwithstanding any limitation in such sec- (1)— language speakers, including members of tion relating to the availability of funds in (A) $10,000,000 may be available for Pro- heritage communities, to participate in the such account for support of international gram Element 0601120D8Z for the SMART Reserve Officers’ Training Corps. sporting competitions. National Defense Education Program; and (b) REPORT REQUIRED.—Not later than 180 ‘‘(2) The total amount that may be ex- (B) $5,000,000 may be available for Program days after the date of the enactment of this pended in any fiscal year to provide support Element 0601101E for the Defense Advanced Act, the Secretary shall submit to the con- for a sporting event described in paragraph Research Projects Agency University Re- gressional defense committees a report on (5) of subsection (c) may not exceed search Program in Computer Science and the actions taken to carry out this section. $1,000,000.’’. Cybersecurity.

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.026 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12593

(e) OFFSETS.—(1) The amount authorized to service the person agrees to serve in an (3) An exemption of graduates of home be appropriated by section 301(c), Operation agreement described in subsection (b)(3), to schooling from the requirement for a sec- and Maintenance, Navy, is hereby reduced by serve satisfactorily in the Selected Reserve ondary school diploma or an equivalent $40,000,000. may, at the election of the Secretary con- (GED) as a precondition for enlistment in AMENDMENT NO. 2493 cerned, be required to pay the United States the Armed Forces. an amount equal to any amount of repay- (c) HOME SCHOOL GRADUATES.—In pre- (Purpose: To improve the provision relating ments made on behalf of the person in con- scribing the policy, the Secretary of Defense to clarification of authority of military nection with the agreement.’’. shall prescribe a single set of criteria to be legal assistance counsel) (b) CLERICAL AMENDMENT.—The table of utilized by the Armed Forces in determining On page 96, strike lines 19 and 20 and insert sections at the beginning of chapter 1609 of whether an individual is a graduate of home the following: such title is amended by adding at the end schooling. The Secretary concerned shall en- ‘‘(2) Military legal assistance may be pro- the following new item: sure compliance with education credential vided only by a judge advocate or a civilian ‘‘16303. Education loan repayment program: coding requirements. attorney who is a member of the bar of a chaplains serving in the Se- (d) SECRETARY CONCERNED DEFINED.—In Federal court or of the highest court of a lected Reserve.’’. this section, the term ‘‘Secretary concerned’’ State. AMENDMENT NO. 2495 has the meaning given such term in section ‘‘(3) In this subsection, the term ‘military 101(a)(9) of title 10, United States Code. legal assistance’ includes— (Purpose: To modify and improve the National Call to Service program) AMENDMENT NO. 2497 AMENDMENT NO. 2494 At the end of subtitle F of title V, add the (Purpose: To make available, with an offset, (Purpose: To provide an education loan re- following: $10,000,000 for Project Sheriff) payment program for chaplains in the Se- SEC. 573. NATIONAL CALL TO SERVICE PROGRAM. lected Reserve) At the end of subtitle B of title II, add the (a) LIMITATION TO DOMESTIC NATIONAL following: At the end of subtitle E of title VI, add the SERVICE PROGRAMS.—Subsection (c)(3)(D) of SEC. 213. PROJECT SHERIFF. following: section 510 of title 10, United States Code, is (a) AVAILABILITY OF AMOUNT.—Of the amended by striking ‘‘in the Peace Corps, SEC. 653. EDUCATION LOAN REPAYMENT PRO- amount authorized to be appropriated by GRAM FOR CHAPLAINS IN THE SE- Americorps, or another national service pro- section 201(4) for research, development, test, LECTED RESERVE. gram’’ and inserting ‘‘in Americorps or an- and evaluation for Defense-wide activities, (a) IN GENERAL.—Chapter 1609 of title 10, other domestic national service program’’. the amount available for the Force Trans- United States Code, is amended by adding at (b) ADMINISTRATION OF EDUCATION INCEN- formation Directorate may be increased by the end the following new section: TIVES BY SECRETARY OF VETERANS AFFAIRS.— Paragraph (2) of subsection (h) of such sec- $10,000,000, with the amount of the increase ‘‘§ 16303. Education loan repayment program: to be available for Project Sheriff. chaplains serving in the Selected Reserve tion is amended to read as follows: ‘‘(2)(A) Educational assistance under para- (b) OFFSET.—Of the amount authorized to ‘‘(a) AUTHORITY TO REPAY EDUCATION graphs (3) or (4) of subsection (e) shall be pro- be appropriated by section 301(4) is hereby LOANS.—Under regulations prescribed by the vided through the Department of Veterans reduced by $10,000,000. Secretary of Defense and subject to the pro- Affairs under an agreement to be entered AMENDMENT NO. 2498 visions of this section, the Secretary con- into by the Secretary of Defense and the Sec- (Purpose: To make available, with an offset, cerned may, for purposes of maintaining ade- retary of Veterans Affairs. The agreements an additional $5,000,000 for Research, De- quate numbers of chaplains in the Selected shall include administrative procedures to velopment, Test, and Evaluation, Army, Reserve, repay a loan that— ensure the prompt and timely transfer of for Medium Tactical Vehicle Modifica- ‘‘(1) was used by a person described in sub- funds from the Secretary concerned to the tions) section (b) to finance education resulting in Secretary of Veterans Affairs for the making a Masters of Divinity degree; and of payments under this section. At the end of subtitle B of title II, add the ‘‘(2) was obtained from an accredited theo- ‘‘(B) Except as otherwise provided in this following: logical seminary as listed in the Association section, the provisions of sections 503, 511, SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICA- of Theological Schools (ATS) handbook. 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of TIONS. ‘‘(b) ELIGIBLE PERSONS.—(1) Except as pro- title 38 and the provisions of subchapters I (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- vided in paragraph (2), a person described in and II of chapter 36 of such title (with the ex- VELOPMENT, TEST, AND EVALUATION, ARMY.— this subsection is a person who— ception of sections 3686(a), 3687, and 3692) The amount authorized to be appropriated ‘‘(A) satisfies the requirements specified in shall be applicable to the provision of edu- by section 201(1) for Research, Development, subsection (c); cational assistance under this chapter. The Test, and Evaluation for the Army, is hereby ‘‘(B) holds, or is fully qualified for, an ap- term ‘eligible veteran’ and the term ‘person’, increased by $5,000,000. pointment as a chaplain in a reserve compo- as used in those provisions, shall be deemed (b) AVAILABILITY OF AMOUNT.—Of the nent of an armed force; and for the purpose of the application of those amount authorized to be appropriated by ‘‘(C) signs a written agreement to serve not provisions to this section to refer to a person section 201(1) for Research, Development, less than three years in the Selected Re- eligible for educational assistance under Test, and Evaluation for the Army, as in- serve. paragraph (3) or (4) of subsection (e).’’. creased by subsection (a), $5,000,000 may be ‘‘(2) A person accessioned into the Chaplain AMENDMENT NO. 2496 available for Medium Tactical Vehicle Modi- Candidate Program is not eligible for the re- (Purpose: To provide for the policy of the De- fications. payment of loans under subsection (a). partment of Defense on the recruitment (c) OFFSET.—The amount authorized to be ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- and enlistment of home schooled individ- appropriated by section 301(4) for Operation MENTS.—The requirements specified in this uals in the Armed Forces) and Maintenance for the Air Force is hereby reduced by $5,000,000. subsection are such requirements for At the end of subtitle B of title V, add the accessioning and commissioning of chaplains following: AMENDMENT NO. 2499 TO AMENDMENT NO. 1396 as are prescribed by the Secretary concerned SEC. 522. RECRUITMENT AND ENLISTMENT OF (Purpose: To make a technical correction) in regulations. HOME SCHOOLED STUDENTS IN THE On page 2, line 16, strike ‘‘$3,008,982,000’’ and ‘‘(d) LOAN REPAYMENT.—(1) Subject to ARMED FORCES. insert ‘‘$3,108,982,000’’. paragraph (2), the repayment of a loan under (a) POLICY ON RECRUITMENT AND ENLIST- AMENDMENT NO. 2500 this section may consist of payment of the MENT.— principal, interest, and related expenses of (1) POLICY REQUIRED.—The Secretary of De- (Purpose: To extend by one year the date of such loan. fense shall prescribe a policy on the recruit- the final report of the advisory panel on ‘‘(2) The amount of any repayment of a ment and enlistment of home schooled stu- laws and regulations on acquisition prac- loan made under this section on behalf of a dents in the Armed Forces. tices and to require an interim report) person may not exceed $20,000 for each three (2) UNIFORMITY ACROSS THE ARMED At the end of subtitle E of title VIII, add year period of obligated service that the per- FORCES.—The Secretary shall ensure that the the following: son agrees to serve in an agreement de- policy prescribed under paragraph (1) ap- SEC. 846. REPORTS OF ADVISORY PANEL ON scribed in subsection (b)(3). Of such amount, plies, to the extent practicable, uniformly LAWS AND REGULATIONS ON ACQUI- not more than an amount equal to 50 percent across the Armed Forces. SITION PRACTICES. of such amount may be paid before the com- (b) ELEMENTS.—The policy under sub- (a) EXTENSION OF FINAL REPORT.—Section pletion by the person of the first year of obli- section (a) shall include the following: 1423(d) of the Services Acquisition Reform gated service pursuant to such agreement. (1) An identification of a graduate of home Act of 2003 (title XIV of Public Law 108–136; The balance of such amount shall be payable schooling for purposes of recruitment and 117 Stat. 1669; 41 U.S.C. 405 note) is amended at such time or times as are prescribed by enlistment in the Armed Forces that is in by striking ‘‘one year’’ and inserting ‘‘two the Secretary concerned in regulations. accordance with the requirements described years’’. ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLI- in subsection (c). (b) REQUIREMENT FOR INTERIM REPORT.— GATION.—A person on behalf of whom repay- (2) Provision for the treatment of grad- That section is further amended— ment of a loan is made under this section uates of home schooling with no practical (1) by inserting ‘‘(1)’’ before ‘‘Not later who fails, during the period of obligated limit with regard to enlistment eligibility. than’’; and

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.027 S09NOPT1 S12594 CONGRESSIONAL RECORD — SENATE November 9, 2005

(2) by adding at the end the following new Standards of Professional Appraisal Prac- (B) CONDITION.—Any expenditure of funds paragraph: tice. under this paragraph shall be made jointly ‘‘(2) Not later than one year after the date (3) MAP.—The term ‘‘map’’ means the map by the Trustees. of the establishment of the panel, the panel entitled ‘‘Rocky Flats National Wildlife Ref- (C) ADDITIONAL FUNDS.—The Trustees may shall submit to the official and committees uge’’, dated July 25, 2005, and available for use the funds received under paragraph (4) in referred to in paragraph (1) an interim report inspection in appropriate offices of the conjunction with other private and public on the matters set forth in that paragraph.’’. United States Fish and Wildlife Service and funds. AMENDMENT NO. 2501 the Department of Energy. (6) EXEMPTION FROM NATIONAL ENVIRON- (4) NATURAL RESOURCE DAMAGE LIABILITY MENTAL POLICY ACT.—Any purchases of min- At the appropriate place, insert the fol- CLAIM.—The term ‘‘natural resource damage eral rights under this subsection shall be ex- lowing: liability claim’’ means a natural resource empt from the National Environmental Pol- (a) FINDINGS.— damage liability claim under subsections icy Act of 1969 (42 U.S.C. 4321 et seq.). (1) According to the Department of State, (a)(4)(C) and (f) of section 107 of the Com- (7) ROCKY FLATS NATIONAL WILDLIFE REF- drug trafficking organizations shipped ap- prehensive Environmental Response, Com- UGE.— proximately nine tons of cocaine to the pensation, and Liability Act of 1980 (42 (A) TRANSFER OF MANAGEMENT RESPON- United States through the Dominican Re- U.S.C. 9607) arising from hazardous sub- SIBILITIES.—The Rocky Flats National Wild- public in 2004, and are increasingly using stances releases at or from Rocky Flats that, life Refuge Act of 2001 (16 U.S.C. 668dd note; small, high-speed watercraft. as of the date of enactment of this Act, are Public Law 107–107) is amended— (2) Drug traffickers use the Caribbean cor- identified in the administrative record for (i) in section 3175— ridor to smuggle narcotics to the United Rocky Flats required by the National Oil (I) by striking subsections (b) and (f); and States via Puerto Rico and the Dominican and Hazardous Substances Pollution Contin- (II) by redesignating subsections (c), (d), Republic. This route is ideal for drug traf- gency Plan prepared under section 105 of and (e) as subsections (b), (c), and (d), respec- ficking because of its geographic expanse, that Act (42 U.S.C. 9605). tively; and numerous law enforcement jurisdictions and (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ (ii) in section 3176(a)(1), by striking ‘‘sec- fragmented investigative efforts. means the Department of Energy facility in tion 3175(d)’’ and inserting ‘‘section 3175(c)’’. (3) The tethered aerostat system in Lajas, the State of Colorado known as the ‘‘Rocky (B) BOUNDARIES.—Section 3177 of the Puerto Rico contributes to deterring and de- Flats Environmental Technology Site’’. Rocky Flats National Wildlife Refuge Act of tecting smugglers moving illicit drugs into (6) SECRETARY.—The term ‘‘Secretary’’ 2001 (16 U.S.C. 668dd note; Public Law 107–107) Puerto Rico. The aerostat’s range and oper- means the Secretary of Energy. is amended by striking subsection (c) and in- ational capabilities allow it to provide sur- (7) TRUSTEES.—The term ‘‘Trustees’’ means serting the following: veillance coverage of the eastern Caribbean the Federal and State officials designated as ‘‘(c) COMPOSITION.— corridor and the strategic waterway between trustees under section 107(f)(2) of the Com- ‘‘(1) IN GENERAL.—Except as provided in Puerto Rico and the Dominican Republic, prehensive Environmental Response, Com- paragraph (2), the refuge shall consist of land known as the Mona Passage. pensation, and Liability Act of 1980 (42 within the boundaries of Rocky Flats, as de- (4) Including maritime radar on the Lajas U.S.C. 9607(f)(2)). picted on the map— aerostat will expand its ability to detect sus- (b) PURCHASE OF ESSENTIAL MINERAL ‘‘(A) entitled ‘Rocky Flats National Wild- picious vessels in the eastern Caribbean cor- RIGHTS.— life Refuge’; ridor. (1) IN GENERAL.—Not later than 1 year after ‘‘(B) dated July 25, 2005; and (b) SENSE OF THE SENATE.—Given the above the date of enactment of this Act, such ‘‘(C) available for inspection in the appro- findings, it is the Sense of the Senate that— amounts authorized to be appropriated under priate offices of the United States Fish and (1) Congress and the Department of De- subsection (c) shall be available to the Sec- Wildlife Service and the Department of En- fense fully fund the Counter-Drug Tethered retary to purchase essential mineral rights ergy. Aerostat program. at Rocky Flats. ‘‘(2) EXCLUSIONS.—The refuge does not in- (2) Department of Defense install maritime (2) CONDITIONS.—The Secretary shall not clude— radar on the Lajas, Puerto Rico aerostat. purchase an essential mineral right under ‘‘(A) any land retained by the Department AMENDMENT NO. 2502 paragraph (1) unless— of Energy for response actions under section (Purpose: To modify the designation of fa- (A) the owner of the essential mineral 3175(c); cilities and resources constituting the right is a willing seller; and ‘‘(B) any land depicted on the map de- Major Range and Test Facility Base) (B) the Secretary purchases the essential scribed in paragraph (1) that is subject to 1 At the end of subtitle E of title II, add the mineral right for an amount that does not or more essential mineral rights described in exceed fair market value. following: section 3114(a) of the National Defense Au- (3) LIMITATION.—Only those funds author- thorization Act for Fiscal Year 2006 over SEC. 244. DESIGNATION OF FACILITIES AND RE- ized to be appropriated under subsection (c) SOURCES CONSTITUTING THE which the Secretary shall retain jurisdiction MAJOR RANGE AND TEST FACILITY shall be available for the Secretary to pur- of the surface estate until the essential min- BASE. chase essential mineral rights under para- eral rights— (a) DEPARTMENT OF DEFENSE TEST RE- graph (1). ‘‘(i) are purchased under subsection (b) of SOURCE MANAGEMENT CENTER.—Section (4) RELEASE FROM LIABILITY.—Notwith- that Act; or 196(h) of title 10, United States Code, is standing any other law, any natural resource ‘‘(ii) are mined and reclaimed by the min- amended by striking ‘‘Director of Oper- damage liability claim shall be considered to eral rights holders in accordance with re- ational Test and Evaluation’’ and inserting be satisfied by— quirements established by the State of Colo- ‘‘Secretary of Defense’’. (A) the purchase by the Secretary of essen- rado; and (b) INSTITUTIONAL FUNDING OF TEST AND tial mineral rights under paragraph (1) for ‘‘(C) the land depicted on the map de- EVALUATION ACTIVITIES.—Section 232(b)(1) of consideration in an amount equal to scribed in paragraph (1) on which essential the Bob Stump National Defense Authoriza- $10,000,000; mineral rights are being actively mined as of tion Act for Fiscal Year 2003 (Public Law (B) the payment by the Secretary to the the date of enactment of the National De- 107–314; 116 Stat. 2490) is amended by striking Trustees of $10,000,000; or fense Authorization Act for Fiscal Year 2006 ‘‘Director of Operational Test and Evalua- (C) the purchase by the Secretary of any until— tion’’ and inserting ‘‘Secretary of Defense’’. portion of the mineral rights under para- ‘‘(i) the essential mineral rights are pur- graph (1) for— AMENDMENT NO. 2503 chased; or (i) consideration in an amount less than ‘‘(ii) the surface estate is reclaimed by the (Purpose: To authorize the Secretary of En- $10,000,000; and mineral rights holder in accordance with re- ergy to purchase certain essential mineral (ii) a payment by the Secretary to the quirements established by the State of Colo- rights and resolve natural resource damage Trustees of an amount equal to the dif- rado. liability claims) ference between— ‘‘(3) ACQUISITION OF ADDITIONAL LAND.— On page 378, between lines 10 and 11, insert (I) $10,000,000; and Notwithstanding paragraph (2), upon the the following: (II) the amount paid under clause (i). purchase of the mineral rights or reclama- SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH- (5) USE OF FUNDS.— tion of the land depicted on the map de- NOLOGY SITE. (A) IN GENERAL.—Any amounts received scribed in paragraph (1), the Secretary (a) DEFINITIONS.—In this section: under paragraph (4) shall be used by the shall— (1) ESSENTIAL MINERAL RIGHT.—The term Trustees for the purposes described in sec- ‘‘(A) transfer the land to the Secretary of ‘‘essential mineral right’’ means a right to tion 107(f)(1) of the Comprehensive Environ- the Interior for inclusion in the refuge; and mine sand and gravel at Rocky Flats, as de- mental Response, Compensation, and Liabil- ‘‘(B) the Secretary of the Interior shall— picted on the map. ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ- ‘‘(i) accept the transfer of the land; and (2) FAIR MARKET VALUE.—The term ‘‘fair ing— ‘‘(ii) manage the land as part of the ref- market value’’ means the value of an essen- (i) the purchase of additional mineral uge.’’. tial mineral right, as determined by an ap- rights at Rocky Flats; and (c) FUNDING.—Of the amounts authorized praisal performed by an independent, cer- (ii) the development of habitat restoration to be appropriated to the Secretary for the tified mineral appraiser under the Uniform projects at Rocky Flats. Rocky Flats Environmental Technology Site

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.028 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12595 for fiscal year 2006, $10,000,000 may be made include, but not be limited to, areas relating weapons that will help our troops pre- available to the Secretary for the purposes to the following: vail in ground combat. More needs to described in subsection (b). (1) Aeronautics research. be done to apply the technology that AMENDMENT NO. 2504 (2) Facilities, personnel, and support infra- allows our military to dominate the air (Purpose: To authorize, with an offset, an ad- structure. (3) Propulsion and power technologies. and the seas to build a new generation ditional $4,000,000 for research, develop- of weapons that will allow our troops ment, test, and evaluation for the Air (4) Space access and operations. Mr. WARNER. Mr. President, I ask to dominate the ground. One such tech- Force for Aging Military Aircraft Fleet nology that deserves investigation is Support) unanimous consent that time until 11:30 a.m. tomorrow be equally divided the SPIKE missile system currently At the end of subtitle B of title II, add the being developed by the Navy. The following: in the usual form, and that at 11:30 the SPIKE missile is designed to be a low- SEC. 213. AGING MILITARY AIRCRAFT FLEET SUP- Senate proceed to a vote in relation to PORT. the Dorgan amendment No. 2476, to be cost, lightweight, precision-guided (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- followed by a vote in relation to the rocket that would allow our troops to VELOPMENT, TEST, AND EVALUATION FOR THE Talent amendment No. 2477, with no accurately engage enemies at great AIR FORCE.—The amount authorized to be second degrees in order to those range. If this technology is successful, appropriated by section 201(3) for research, amendments prior to the votes; fur- it could provide our ground troops with development, test, and evaluation for the Air the same sort of revolutionary advan- Force is hereby increased by $4,000,000. ther, that there be 3 minutes equally divided between the votes. tage that precision-guided munitions (b) AVAILABILITY OF AMOUNT.—Of the provided to our advanced aircraft a amount authorized to be appropriated by Mr. LEVIN. No objection. section 201(3) for research, development, test, The PRESIDING OFFICER. Without decade ago. and evaluation for the Air Force, as in- objection, it is so ordered. There are also emerging opportuni- creased by subsection (a), $4,000,000 may be Mr. BYRD. Mr. President, the Senate ties for the use of unmanned aerial ve- available for Program Element #63112F for will soon vote to approve the fiscal hicles to support the warfighter on the Aging Military Aircraft Fleet Support. year 2006 Defense authorization bill. ground. While important UAVs like (c) OFFSET.—The amount authorized to be The passage of this legislation is im- Global Hawk provide intelligence appropriated by section 301(4) for operation portant to all Americans who are now about what is going on in large sec- and maintenance for Air Force activities is tions of a country, our ground troops hereby reduced by $4,000,000. serving in the U.S. Armed Forces, but especially to those who are serving in often need to know what is happening AMENDMENT NO. 2505 harm’s way. on the other side of a hill. Smaller (Purpose: To make United States nationals Our troops in Iraq and Afghanistan UAVs can provide our troops with a de- eligible for appointment to the Senior Re- cisive advantage in urban environ- serve Officers’ Training Corps) require all the support that our Nation ments. Important projects like At the end of subtitle C of title V, add the can give them until the day that they following: can return to their homes. Our mili- SWARM, being developed by Augusta Systems in Morgantown, are exploring SEC. 537. ELIGIBILITY OF UNITED STATES NA- tary prides itself in being the most ca- TIONALS FOR APPOINTMENT TO THE pable and the best trained fighting ways to allow small UAVs to work to- SENIOR RESERVE OFFICERS’ TRAIN- force in the entire world. The Constitu- gether to seek out our enemies on the ING CORPS. tion places in Congress the responsi- battlefield, eliminating the chance (a) IN GENERAL.—Section 2107(b)(1) of title bility to ‘‘raise and support armies’’ that our troops could be taken by sur- 10, United States Code, is amended by insert- prise. The next step is to use small ing ‘‘or national’’ after ‘‘citizen’’. and to ‘‘provide and maintain a navy.’’ (b) ARMY RESERVE OFFICERS TRAINING PRO- It is therefore of the greatest impor- UAVs as ways to strike first, before our GRAMS.—Section 2107a(b)(1) of such title is tance that Congress provide our troops ground troops come into the range of amended by inserting ‘‘or national’’ after with the equipment that they need for our enemy’s weapons. Our military is ‘‘citizen’’. their dangerous missions. only beginning to tap the growing po- (c) ELIGIBILITY FOR APPOINTMENT AS COM- The wars that continue in Iraq and tential of UAV technology to support MISSIONED OFFICERS.—Section 532(f) of such Afghanistan are unlike the conflicts our troops on the ground. title is amended by inserting ‘‘, or for a that the United States has fought in The Department of Defense is cur- United States national otherwise eligible for rently engaged in the Quadrennial De- appointment as a cadet or midshipman under the past two decades. In the first Per- section 2107(a) of this title or as a cadet sian Gulf War or Kosovo, our military fense Review, a top-to-bottom study of under section 2107a of this title,’’ after ‘‘for depended on high-tech aircraft and our military strategy, posture, and permanent residence’’. smart bombs to quickly overwhelm our equipment that will guide this Nation’s AMENDMENT NO. 2506 enemies. Today, in Iraq, our awesome defense research and development and (Purpose: To require a report on cooperation airpower is of limited use. The wars in procurement policies for the next 4 between the Department of Defense and Iraq and Afghanistan are, by and large, years. With this review underway, it is the National Aeronautics and Space Ad- the wars of the soldier and the marine. an ideal opportunity to place a new ministration on research, development, These are the wars of the foot soldier, emphasis on bringing cutting-edge test, and evaluation activities) carried out in the hostile streets of for- technology to our troops on the ground At the end of subtitle E of title II, add the eign cities. These troops do not enjoy in Iraq and Afghanistan. I urge the following: the near-invulnerability of stealth air- Secretary of Defense, the Chairman of SEC. 244. REPORT ON COOPERATION BETWEEN craft or cruise missiles. Our troops do the Joint Chiefs of Staff, and the other THE DEPARTMENT OF DEFENSE AND Pentagon officials who are carrying THE NATIONAL AERONAUTICS AND not see the enemy as a blip on a radar SPACE ADMINISTRATION ON RE- screen, because often the enemy is seen out this study to broaden their view of SEARCH, DEVELOPMENT, TEST, AND eye to eye. what our troops require. EVALUATION ACTIVITIES. With this being the reality of urban The QDR should propose new tech- (a) REPORT REQUIRED.—Not later than 180 warfare, there must be a new focus on nologies to protect our troops from the days after the date of the enactment of this providing our ground troops with the threats that they face in combat, and Act, the Secretary of Defense and the Ad- it should also accelerate the develop- ministrator of the National Aeronautics and equipment that they need to fight and Space Administration shall jointly submit to survive in the urban combat environ- ment of new weapons systems that Congress a report setting forth the rec- ment. The Defense authorization bill allow our soldiers to dominate the bat- ommendations of the Secretary and the Ad- reported by the Armed Services Com- tlefield in urban environments. The De- ministrator regarding cooperative activities mittee makes steps in this direction. It partment of Defense should place these between the Department of Defense and the authorizes $1.4 billion in spending to efforts on the top of its priorities: we National Aeronautics and Space Administra- protect our troops serving overseas. should not wait for the next war to tion related to research, development, test, This figure includes $500 million to de- give our troops the advantage of new, and evaluation on areas of mutual interest high-tech weapons. Instead, the Pen- to the Department and the Administration. tect and destroy roadside bombs, $344 (b) AREAS COVERED.—The areas of mutual million for up-armored HMMWVs, and tagon and Congress should make every interest to the Department of Defense and $118 million for body armor. effort to arm our troops with the next the National Aeronautics and Space Admin- But more must be done to provide generation of technology, today. For so istration referred to in subsection (a) may our troops with the next generation of long as our troops are serving in

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.030 S09NOPT1 S12596 CONGRESSIONAL RECORD — SENATE November 9, 2005 harm’s way, we must give them not and veterans service organizations that part of the larger transition program. only the armor and protection, but also our men and women in uniform do not GAO released its study ‘‘Military and the weapons, that they need to ensure all have access to the same transition Veterans’ Benefits: Enhanced Services that they will come home safely. counseling and medical services as Could Improve Transition Assistance Mr. FEINGOLD. Mr. President, last they are demobilizing from service in for Reserves and National Guard’’ in night the Senate passed an amendment Iraq, Afghanistan, and elsewhere. I May 2005, and it plans to release its that I offered to this bill that rep- have long been concerned about reports study on health assessments in the resents another step toward enhancing of uneven provision of services from near future. and strengthening transition services base to base and from service to serv- In July of this year, GAO provided that are provided to our military per- ice. All of our men and women in uni- testimony on its transition services re- sonnel and builds upon an amendment form have pledged to serve our coun- port to the House Committee on Vet- that I offered to this bill last year. I try, and all of them, at the very least, erans Affairs Subcommittee on Eco- want to thank the chairman and the deserve to have access to the same nomic Opportunity. That hearing could ranking member of the Armed Services services in return. not have been more timely. We owe it Committee for working with me to ac- I am pleased that the VETS Act is to our men and women in uniform to cept this amendment. supported by a wide range of groups improve transition programs now as we As the Senate conducts its business that are dedicated to serving our men continue to welcome home thousands today, thousands of our brave men and and women in uniform and veterans of military personnel who are serving women in uniform are in harm’s way in and their families. These groups in- our country in Iraq, Afghanistan, and Iraq, Afghanistan, and elsewhere clude: the American Legion; the En- elsewhere. I commend the Departments around the globe. These men and listed Association of the National of Defense, Veterans Affairs, and Labor women serve with distinction and Guard of the United States; the Na- for the steps they have taken thus far honor, and we owe them our heartfelt tional Coalition for Homeless Veterans; to improve these important programs. gratitude. the Paralyzed Veterans of America; the We should not miss an opportunity to We also owe them our best effort to Reserve Officers Association; the Vet- help the men and women who are cur- ensure that they receive the benefits to erans of Foreign Wars; the Wisconsin rently serving our country, and I am which their service in our Armed Department of Veterans Affairs; the pleased that the chairman and the Forces has entitled them. I have heard Wisconsin National Guard; the Amer- ranking member agreed to accept a time and again from military per- ican Legion, Department of Wisconsin; number of provisions from my legisla- sonnel and veterans who are frustrated Disabled American Veterans, Depart- tion as an amendment to the fiscal with the system by which they apply ment of Wisconsin; the Wisconsin Para- year 2006 Defense authorization bill. for benefits or appeal claims for bene- lyzed Veterans of America; the Vet- Under current law, the Department fits. I have long been concerned that erans of Foreign Wars, Department of of Defense, together with the Depart- tens of thousands of our veterans are Wisconsin; and the Wisconsin State ments of Veterans Affairs, VA, and unaware of Federal health care and Council, Vietnam Veterans of America. Labor, provide preseparation coun- other benefits for which they may be I introduced similar legislation dur- seling for military personnel who are eligible, and I have undertaken numer- ing the 108th Congress, and I am preparing to leave the Armed Forces ous legislative and oversight efforts to pleased that a provision that I au- through the Transition Assistance Pro- ensure that the Department of Vet- thored which was based on that bill gram/Disabled Transition Assistance erans Affairs makes outreach to our was enacted as part of the fiscal year Program, TAP/DTAP. This counseling veterans and their families a priority. 2005 Defense authorization bill. provides servicemembers with valuable While we should do more to support In response to concerns I have heard information about benefits that they our veterans, we must also ensure that from a number of my constituents, my have earned through their service to the men and women who are currently amendment, in part, directed the Sec- our country such as education benefits serving in our Armed Forces receive retaries of Defense and Labor to jointly through the GI Bill and health care and adequate pay and benefits, as well as explore ways in which DoD training other benefits through the VA. Per- services that help them to make the and certification standards could be co- sonnel also learn about programs such transition from active duty to civilian ordinated with Government and pri- as Troops to Teachers and have access life. I am concerned that we are not vate sector training and certification to employment assistance for them- doing enough to support our men and standards for corresponding civilian oc- selves and, where appropriate, their women in uniform as they prepare to cupations. The Secretaries of Defense spouses. retire or otherwise separate from the and Labor submitted their report, My amendment would ensure that service or, in the case of members of ‘‘Study on Coordination of Job Train- National Guard and Reserve personnel our National Guard and Reserve, to de- ing Standards with Certification who are on active duty for at least 180 mobilize from active-duty assignments Standards for Military Occupational days are able to participate in this im- and return to their civilian lives while Specialties,’’ in September of this year. portant counseling prior to being de- staying in the military or preparing to It is my hope that this report will mobilized. In its recent report on tran- separate from the military. We must serve as a useful tool as the Depart- sition services, GAO found that ensure that their service and sacrifice, ments seek to help military personnel ‘‘[d]uring their rapid demobilization, which is much lauded during times of who wish to pursue civilian employ- the Reserve and National Guard mem- conflict, is not forgotten once the bat- ment related to their military special- bers may not receive all the informa- tles have ended and our troops have ties to make the transition from the tion on possible benefits to which they come home. military to comparable civilian jobs. are entitled. Notably, certain edu- Earlier this year I introduced legisla- In addition, this amendment required cation benefits and medical coverage tion, the Veterans Enhanced Transi- the Government Accountability Office, require servicemembers to apply while tion Services Act, VETS Act, which GAO, to undertake a comprehensive they are still on active duty. However, would help to ensure that all military analysis of existing transition services even after being briefed, some Reserve personnel have access to the same for our military personnel that are ad- and National Guard members were not transition services as they prepare to ministered by the Departments of De- aware of the timeframes within which leave the military to reenter civilian fense, Veterans Affairs, and Labor, and the needed to act to secure certain ben- life, or, in the case of members of the to make recommendations to Congress efits before returning home. In addi- National Guard and Reserve, as they on how these programs can be im- tion, most members of the Reserves prepare to demobilize from active-duty proved. My amendment required GAO and National Guard did not have the assignments and return to their civil- to focus on two issues: how to achieve opportunity to attend an employment ian lives and jobs or education while the uniform provision of appropriate workshop during demobilization.’’ remaining in the military. transition services to all military per- In response to these findings, GAO I have heard from a number of Wis- sonnel, and the role of post-deployment recommended that ‘‘DoD, in conjunc- consinites and members of military and predischarge health assessments as tion with DoL and the VA, determine

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.031 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12597 what demobilizing Reserve and Na- ical problems that have become known a triggering event that is experienced tional Guard members need to make a as gulf war illness. Military personnel on a current deployment. The same is smooth transition and explore options who are currently deployed to the Per- true for full-time military personnel to enhance their participation in sian Gulf region face many of the same who have served in a variety of places TAP.’’ GAO also recommended that conditions that existed in the early over their careers. I am pleased that ‘‘VA take steps to determine the level 1990s. I have repeatedly pressed the De- the Senate has already accepted an of participation in DTAP to ensure partments of Defense and Veterans Af- amendment offered by the Senator those who may have especially com- fairs to work to unlock the mystery of from Louisiana, Ms. LANDRIEU, that plex needs are being served.’’ this illness and to study the role that will require that personnel receive In addition to ensuring that all dis- exposure to depleted uranium may play mental health screenings prior to de- charging and demobilizing military in this condition. We owe it to these ployment into a combat zone, not later personnel are able to participate in personnel to find these answers, and to than 30 days after return from such a TAP/DTAP, we should take steps to ensure that those who are currently deployment, and not later than 120 improve the uniformity of services pro- serving in the Persian Gulf region are days after return from such a deploy- vided to personnel by ensuring that adequately protected from the many ment. consistent transition briefings occur possible causes of gulf war illness. We can and should do more to ensure across the services and at all demobili- Part of the process of protecting the that the mental health of our men and zation/discharge locations. In its re- health of our men and women in uni- women in uniform is a top priority, and port, GAO noted that ‘‘[t]he delivery of form is to ensure that the Department that the stigma that is too often at- TAP may vary in terms of the amount of Defense carries out its responsibility tached to seeking assistance is ended. of personal attention participants re- to provide post-deployment physicals One step in this process is to ensure ceive, the length of the components, for military personnel. I am deeply that personnel who have symptoms of and the instructional methods used.’’ concerned about stories of personnel PTSD and related illnesses have access We should make every effort to ensure who are experiencing long delays as to appropriate clinical services, that those who have put themselves in they wait for their post-deployment through DoD, the VA, or a private sec- harm’s way on our behalf have access physicals and who end up choosing not tor health care provider. To that end, to the same transition services no mat- to have these important physicals in my amendment would require that the ter their discharge/demobilization loca- order to get home to their families health care professionals who are as- tion or the branch of the Armed Forces that much sooner. I am equally con- sessing demobilizing military per- in which they serve. I look forward to cerned about reports that some per- sonnel provide all personnel who may reviewing the Department’s progress sonnel who did not receive such a phys- need followup care for a physical or on GAO’s recommendations in this ical—either by their own choice or be- psychological condition with informa- area. cause such a physical was not avail- tion on appropriate resources through In order to improve the breadth of in- able—are now having trouble as they DoD or the VA and in the private sec- formation provided to Members during apply for benefits for a service-con- tor that these personnel may use to ac- TAP/DTAP, my amendment would re- nected condition. cess additional followup care if they so quire preseparation counseling pro- I firmly believe, as do the military choose. grams to include the provision of infor- and veterans groups that support my I commend the Assistant Secretary mation regarding certification and li- bill, that our men and women in uni- of Defense for Health Affairs for censing requirements in civilian occu- form are entitled to a prompt, high issuing in March 2005 a memorandum pations and information on identifying quality physical examination as part of to the Assistant Secretaries for the military occupations that have civilian the demobilization process. These indi- Army, Navy, and Air Force directing counterparts, information concerning viduals have voluntarily put them- them to extend the Pentagon’s current veterans small business ownership and selves into harm’s way for our benefit. post-deployment health assessment entrepreneurship programs offered by We should ensure that the Department process to include a reassessment of the Federal Government, information of Defense makes every effort to deter- ‘‘global health with a specific emphasis concerning employment and reemploy- mine whether they have experienced, on mental health’’ to occur 3 to 6 ment rights and veterans preference in or could experience, any health effects months post-deployment. At a hearing Federal employment and Federal pro- as a result of their service. Thus I am of the Senate Armed Services Commit- curement opportunities, information pleased that the fiscal year 2005 defense tee’s Personnel Subcommittee earlier concerning housing counseling assist- authorization bill included a provision this year, the Assistant Secretary stat- ance, and a description of the health to tighten the requirement for a pre- ed that the services were in the process care and other benefits to which the discharge/post-demobilization health of implementing a program that would member may be entitled through the assessment. include a ‘‘screening procedure with a Department of Veterans Affairs. It is vitally important that these as- questionnaire and a face-to-face inter- In addition to the uneven provision sessments include a mental health action at about three months’’ post-de- of transition services, I have long been component. Our men and women in ployment. He also noted that the idea concerned about the immediate and uniform serve in difficult cir- for this program came from ‘‘front line long-term health effects that military cumstances far from home, and too people’’ and that he ‘‘asked them . . . deployments have on our men and many of them witness or experience vi- ‘do you think we should make it man- women in uniform. I regret that, too olence and horrific situations that datory?’ and the answer was: yes.’’ This often, the burden of responsibility for most of us cannot even begin to imag- sentiment makes it even more impor- proving that a condition is related to ine. I have heard concerns that these tant that the initial post-deployment military service falls on the personnel brave men and women, many of whom mental health assessment be strength- themselves. Our men and women in are just out of high school or college ened and that it be mandatory as well uniform deserve the benefit of the when they sign up, may suffer long- so that health care professionals have a doubt, and should not have to fight the term physical and mental fallout from benchmark against which to measure Department of Defense or the VA for their experiences and may feel reluc- the results of the followup screening benefits that they have earned through tant to seek counseling or other assist- process. I am pleased that the Pen- their service to our Nation. ance to deal with their experiences. tagon has undertaken this effort, and I Since coming to the Senate in 1993, I Some Wisconsinites have told me believe that the provisions in Senator have worked to focus attention on the that they are concerned that the mul- LANDRIEU’s amendment and in my health effects that are being experi- tiple deployments of our National amendment will further enhance this enced by military personnel who served Guard and Reserve could lead to chron- process and help to ensure that we are in the Persian Gulf war. More than 10 ic post-traumatic stress disorder, properly caring for the mental health years after the end of the gulf war, we PTSD, which could have its roots in an of our men and women in uniform. still don’t know why so many veterans experience from a previous deployment In addition, in order to ensure that of that conflict are experiencing med- and which could come to the surface by all military personnel who are eligible

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.037 S09NOPT1 S12598 CONGRESSIONAL RECORD — SENATE November 9, 2005 for medical benefits from the VA learn vanced manufacturing techniques to which has coordination responsibility about and receive these benefits, my spark the next generation of advances for manufacturing research in DOD, amendment would require that, as part in defense related technologies; tech- does not have funding independent of of the demobilization process, assist- nologies that our warfighters deserve. the Services to initiate new efforts fo- ance be provided to eligible members This legislation proposes four basic cusing on longer term, higher risk, to enroll in the VA health care system. things. higher payoff technologies and proc- Finally, my amendment will require One, it calls, in section 231, for a R&D esses. Thus, the programs currently the Secretary of Defense, in consulta- effort focused on developing new ad- underway at ManTech are short-term tion with the Secretaries of Labor and vanced manufacturing technology and focused projects addressing immediate Veterans Affairs, to report to Congress information technology, IT, operating needs. ManTech needs to balance the on the actions taken by those Depart- models. The Under Secretary of De- current shorter term portfolio by in- ments to ensure that the Transition fense for Acquisition, Technology, and cluding a focus on longer term, higher Assistance Program is functioning ef- Logistics, acting through the Director risk manufacturing processes and tech- fectively to provide members with of Defense Research and Engineering nology development that are industry timely and comprehensive transition and with other appropriate defense pro- game changers and yield big effi- assistance. As part of the report, the grams and agencies such as the Manu- ciencies and cost savings to DOD. Secretary will be required to include a facturing Technology Program, the De- Additionally, the Under Secretary of review of transition assistance that has fense Advanced Research Projects Defense for Acquisition, Technology, been/is being provided to members de- Agency, DARPA, and other defense re- and Logistics should coordinate activi- ployed as part of Operation Iraqi Free- search activities, is to undertake re- ties within ManTech—section dom, Operation Enduring Freedom, in search and development to develop 232(b)(2)—with activities under the support of other contingency oper- critical manufacturing productivity Small Business Innovation Research ations, and members of the National breakthrough approaches and the tech- Program, SBIR, and the Small Busi- Guard who were activated in support of nologies and systems to support ness Technology Transfer Program, relief efforts following Hurricanes them—section 231(b)(1). These could in- STTR. Executive Order 13329, entitled Katrina and Rita. I look forward to re- clude such breakthrough opportunity ‘‘Encouraging Innovation in Manufac- viewing this report. areas as distributed and desktop manu- turing,’’ requires all SBIR/STTR Pro- Again, I thank the chairman and the facturing, quality inspection that is grams to give priority to research pro- ranking member for their assistance on built into the production process, small grams that help to advance innovation this important issue. lot manufacturing that is as cost-effi- in manufacturing. ManTech could ben- Mr. LIEBERMAN. Mr. President, I cient as mass production, use of revolu- efit significantly from this work cur- rise to bring my colleagues’ attention tionary materials and methods of fab- rently underway. to a provision in sections 231–235 in the rication, and the ability to manufac- Working with industry, ManTech Defense authorization bill titled ‘‘High ture devices and machines at the should develop a new program to uti- Performance Defense Manufacturing nanoscale. Productivity breakthroughs lize these new manufacturing improve- Technology Research and Develop- will ultimately help reduce weapon ments and processes in the defense ment.’’ systems costs and support surge capac- manufacturing base—section 232(c). A I introduced this legislation with my ity. key way for ManTech to achieve this colleague Senator COLLINS to address The legislation also directs the Under would be by collaboratively developing erosion in our defense manufacturing Secretary of the Defense for Acquisi- and issuing a new performance thresh- base that threatens our national secu- tion, Technology, and Logistics to un- old—a new benchmark system—to en- rity and ultimately our economy over- dertake R&D to develop a new model, sure ongoing quality and continuous all. We are running major deficits with an extended production enterprise— focus on improved and innovative man- China in defense critical manufac- section 231(b)(2)—using IT and new ufacturing procedures developed turing areas, such as computer hard- business models, that integrates serv- through the R&D and prototyping de- ware—$25 billion—and electronics ma- ices, design, and manufacturing stages, scribed above. Results from the R&D chinery and parts—$23 billion—as U.S. to achieve major new efficiencies and on manufacturing technologies and production drifts offshore. We are cost savings. Included as part of this processes and on the extended produc- transferring major portions of our cir- research effort, the development of the tion enterprise would be incorporated cuit board, semiconductor, machine interoperable software for the extended into the new performance threshold tool, and weapon system metal casting production enterprise, and the cor- which could become a new DOD acqui- manufacturing to China and other na- responding interoperability standards sition standard—section 232(c)—for pro- tions because of lower wage and lower behind it should also be a focus work- curement. Similar to the quality fo- production costs. Without productivity ing with the defense industries to de- cused initiative, 6 Sigma, a program breakthroughs, the U.S. defense manu- velop the organizational model re- aimed to improve process reproduc- facturing base will continue to erode. quired. ibility and reliability by eliminating In the high-tech sector, manufac- Two, the legislation directs DOD’s defects and process output variation, turing needs and research and develop- Manufacturing Technology Program, this new standard would be dissemi- ment needs are highly correlated. As a ManTech, to undertake technology nated into industry where similar effi- result, research and development, transition including prototyping and ciencies and productivity gains could R&D, centers are often located near test beds—section 232(a) and (b)—for be realized. In order to encourage full manufacturing facilities. If we con- new manufacturing processes and tech- adoption of the new manufacturing im- tinue to lose the manufacturing base, nologies that emerge from this R&D ef- provements and processes, including a we may well lose over time critical re- fort. Collaboration established through new performance standard, incentives search and development capabilities a memorandum of agreement—section for contractors in the defense manufac- and damage our ability to innovate. 232(a)(2)—between DDRE, ManTech, turing base to incorporate and utilize And if we hurt both of those we may and other appropriate DOD organiza- the manufacturing enhancements also lose our military technical leader- tions is needed to ensure an efficient should subsequently be developed by ship. This ultimately puts our transition of manufacturing tech- ManTech—section 232(d)(4). warfighters in harms way. Clearly, the nologies from the research stage de- Third, it establishes mechanisms to Department of Defense (DOD) has a scribed above to ManTech, which will efficiently disseminate technological huge stake in rebuilding the defense undertake the development of proto- developments to the broader defense manufacturing base. types and testbeds—section 232(b). manufacturing base—section 232(d)—in- The DOD needs advanced manufac- ManTech currently is funded at $237 cluding outreach through the Depart- turing technologies and processes to million for fiscal year 2005, all of which ment of Commerce’s Manufacturing achieve productivity breakthroughs to is directly tied to the near term needs Partnership program, section 232(d)(2), drive down costs in mature defense of the Services. The Joint Defense an established program proven to be ef- supply sectors. But it also needs ad- Manufacturing Technology Panel, fective in assisting small and mid-sized

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.037 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12599 American manufacturers, including nu- manufacturing technologies and proc- leased satellite capacity on a year-to- merous defense manufacturers and sup- esses but provides the structure to year basis is resulting in the best price pliers. It has traditionally focused on bring the technology to utilization, to for the Government and the taxpayers. providing technical assistance in man- avoid the problem of leaving valuable In contrast to the Government, other ufacturing operational efficiency and technology ‘‘on the shelf.’’ Addition- entities purchasing leased satellite ca- quality and is now evaluating addi- ally, it initiates the development of a pacity for communications services, tional roles in providing tools and as- long-term vision for the Department such as CNN and FOX, negotiate sistance to promote innovation. DOD around manufacturing technologies multiyear contracts and are receiving could use this existing mechanism to and processes needed for our military. lower prices for the same services. The help it reach its defense manufacturing I would like to point out that this Federal Government, with the Depart- base with these advances. legislation is based on the manufac- ment of Defense as the main buyer, is The Under Secretary of Defense for turing recommendations from the Na- the world’s largest consumer of leased Acquisition, Technology, and Logistics tional Innovation Initiative report re- satellite capacity and, as such, the should also consider outreach through leased by the Council on Competitive- Government should be able to nego- public-private partnerships—section ness in December, a report supported tiate the lowest price and the most 232(d)(1). Because the prototyping and by prominent business, academic, and flexible terms for leased satellite ca- engineering development stages are ex- government leaders. pacity. tremely expensive, collaborative facili- Additionally, I received letters from Last year, the Government Account- ties and testbeds—section 232(b)(1)— two key manufacturing organizations ability Office studied the Department’s should be established to severely re- supporting this proposal, the Associa- procurement process for leased sat- duce the risk, cost, and time of devel- tion for Manufacturing Technology, ellite capacity and found that the De- opment for new technologies important AMT, and National Coalition for Ad- partment’s procedures were uncoordi- for national defense. These centers vanced Manufacturing, NACFAM, nated, frustrating for military com- should also educate and train research- which stress the critical importance of manders, and overly expensive to U.S. ers and employees to help assure passing this legislation. taxpayers. Using the results of the smooth production process implemen- And lastly, I would like to reiterate GAO study, along with the Depart- tation. Such shared facilities, cost that this legislation is in line with the ment’s study completed this year and shared with both large and small par- Executive order issued by President ticipating firms that are world-class the findings on the multiyear contract Bush to encourage innovation in manu- centers for production development, issue, I hope Congress will finally have facturing in Federal agencies, includ- could potentially solve a key DOD the necessary information to consider ing through SBIR and STTR to assist problem in technology transition. wholesale satellite procurement re- Specifically, in implementing the the private sector, especially small forms during next year’s authorization prototype and testbed provisions, sec- businesses in manufacturing innova- process. tion 232(b), the Under Secretary of De- tion efforts. Mr. SESSIONS. Mr. President, when This legislation will help move the fense for Acquisition, Technology, and the Senate was considering S. 1042, the Logistics can consider establishing one U.S. defense manufacturing base ahead National Defense Authorization Act for or more pilot manufacturing centers in of global competition as well as pro- fiscal year 2006, earlier this year, there manufacturing fields important to the vide support for new technologies that was rather extensive debate over a $4 production of advanced defense tech- we are at risk of losing. The aim of this million funding item called the Robust nologies. These centers can be shared legislation is a first step in an overall Nuclear Earth Penetrator, RNEP. This production facilities of the Federal effort needed to preserve our military item was a feasibility study to be con- Government and the private sector excellence and national security. ducted by the Department of Energy to that focus on production development Mr. MCCAIN. Mr. President, I want to determine whether an existing nuclear including the invention prototyping speak briefly in favor of a provision in weapon could be modified so that it and engineering development stages. the Department of Defense authoriza- could destroy hardened and deeply bur- For example, the Under Secretary of tion bill that would require the Depart- ied targets. Defense for Acquisition, Technology, ment to study the feasibility of pro- Since the time of our earlier debate and Logistics could permit the partici- curing satellite capacity through on this matter, our colleagues on the pation of State and local governments multiyear contracts. I worked with Appropriations Committee have com- and could carry out a competition to Chairman WARNER and Ranking Mem- pleted work on the conference report determine the optimal private sector ber LEVIN to address this issue in the for Energy and Water appropriations. participants in any manufacturing cen- underlying bill, and while I am pleased The conferees have reached agreement ter. that the committee’s leadership has ac- on appropriations for the Department Fourth, the legislation—section 233— cepted the provision, I am disappointed of Energy and have agreed to eliminate directs the Under Secretary of Defense that Congress must once again request funding for continued research on the for Acquisition, Technology, and Logis- the Department to study this issue. Robust Nuclear Earth Penetrator at tics to identify and develop a strategy Last year, Congress included a provi- the request of the National Nuclear Se- working with industry in a technology sion in the Department of Defense au- curity Administration. area beneficial to the military where a thorization bill to require the Depart- In light of this outcome and the technology development roadmap and ment to scrutinize its commercial sat- elimination of funding, an amendment strategy is needed to ensure the manu- ellite capacity procurement practices to S. 1042 has been cleared on both facturing technologies and processes and report to Congress its findings and sides which will remove the authoriza- are available to support this break- recommendations. That study was tion for the Department of Energy to through technology. Consideration completed, albeit after the statutory continue the feasibility study. should be given to next generation deadline and too late for many of the I note for my colleagues, however, technologies such as advanced micro- recommendations to be implemented in that the Senate Armed Services Com- manufacturing and nanomanufactur- this year’s authorization bill. The mittee received a letter from Gen. ing, other emerging process tech- study also failed to specifically review James Cartwright, the Commander of nologies, model based enterprise, intel- the issue of multiyear contracting. U.S. Strategic Command, dated No- ligent systems, enterprise integration Therefore, Congress will be more ex- vember 1,2005, which emphasizes the and knowledge applications. A task plicit this year in its request and will need for continued work on earth pene- force should be established, in coopera- once again await the Department’s trating weapons which can be either tion with the private sector, to map a findings. nuclear or conventional. General Cart- cross-service strategy for fabrication The study on multiyear contracting wright states his support for research processes and technologies needed to is necessary because many in the sat- to validate computer models of the im- support the roadmaps identified. ellite industry and the Government pact physics of penetrating warheads Importantly, this legislation not question whether the Department of into hard surface geologies. What the only would fund the needed research in Defense’s general policy of procuring general is essentially saying is: Just

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.035 S09NOPT1 S12600 CONGRESSIONAL RECORD — SENATE November 9, 2005 because the funds have gone away manufacturing overseas. Historically, The DSB report calls for the Depart- doesn’t mean that the problem has shifts in manufacturing result over ment of Defense’s senior officials to ad- gone away. time in migration of research and de- vocate that a strongly competitive I think the general’s statement is velopment which, unfortunately, U.S. semiconductor base is not only a very reasonable. I would hope that means we will be essentially offshoring Department of Defense goal but should with the tremendous investment that our innovation capacity itself. In the also be a national priority. Because this Congress directs into defense re- March 21, 2005, edition of Business DSB finds that research and develop- search and development, at some point Week, the cover story article titled ment is closely coupled with a solid and in some fashion, we could work to- ‘‘Outsourcing Innovation’’ exactly ad- manufacturing base, and the U.S. semi- gether to address the military need the dresses this issue. The article discusses conductor manufacturing base is going general has identified. how Western corporations began abroad, the United States will soon Mr. KOHL. Mr. President, the deci- offshoring manufacturing in the 1980s start to lose its R&D skill base which sions made by the Base Realignment and 1990s to increase efficiency and to is essential for not only U.S. defense and Closure Commission are final. All focus on research and development and systems but general economic competi- around the country communities are proceeds to say how ‘‘that pledge has tiveness. now forced to deal with the difficult re- now passed.’’ Companies such as Dell, Given the low production volume of ality of how to approach the redevelop- Motorola, and Phillips are buying de- Department of Defense microelec- ment and transfer of a local military signs of digital devices from abroad, tronics parts, the report also rec- facility that is being closed. In my slightly altering the device, and then ommends that the Department of De- State of Wisconsin, the city of Mil- branding the product with their name. fense, working with the semiconductor waukee is faced with the difficult pros- In addition, there is another aspect industry and fabrication equipment pect of what to do after the 440th Air- of the semiconductor industry that suppliers, develops a cost-effective lift Wing leaves Mitchell Field. The cannot be overlooked, the limitation of technology for the design and fabrica- community, the State, and our con- Moore’s Law. There will soon be phys- tion of low production volume, leading gressional delegation fought long and ical barriers blocking the continued edge technology given the low volume hard to protect the proud men and diminution of transistor size, and the demands of the Department of Defense. women of the 440th, but we were not financial barriers will become even It states that an overall vision is able to convince the Commission that more extraordinary. This situation needed that develops an approach to closing the 440th would be a mistake. would inevitably lead to the slowing or meet Department of Defense needs be- Senator SNOWE offered an amend- stopping of chip manufacturer’s fore a supply source becomes an emer- ment that I believe will make the proc- progress unless we bring gency. This requires funding research ess of transferring and redeveloping nanotechnology to fruition in the semi- that will sustain our technical superi- base properties easier and faster. Sen- conductor world. ority; the trusted foundry agreements ator SNOWE proposed to allow the prop- I think it is pretty clear that it is assist in solving the immediate prob- erty to go directly to a local redevelop- more important than ever to create an lems, not the longer term. Included in ment agent and avoid the current com- environment in the United States the overall vision, a plan is needed spe- plicated and time consuming process. A which promotes research and develop- cifically for a Department of Defense faster process means a quicker return ment and fosters innovation. The De- acquisition strategy that encompasses to economic vitality, and I support fense Science Board Task Force re- both short- and long-term technology, that. leased to the Congress in April 2005 the acquisition and manufacturing capa- Senator SNOWE also proposed that final report titled ‘‘High Performance bilities to assure an ongoing supply of the local community not have to pay Microchip Supply’’ which was in part a trusted microelectronic components. for the land the Federal Government is response to the issues I raised in my Although U.S. leadership in chip de- giving up. It is only fitting that in 2003 report. The report outlines a series sign does not in and of itself assure the these communities that have given so of recommendations to help ensure the trustworthiness of the microelectronic much to our military men and women long-term health of the U.S. microchip parts, it does put the Department of that we give something back. Pulling design, development, and manufac- Defense in a superior position to poten- up stakes and removing an important turing industries. The report empha- tial adversaries whose systems rely on economic engine is bad enough, but to sizes the importance of maintaining U.S. based suppliers. The Department then expect the redevelopers to pay for technical superiority in the semicon- of Defense needs to sustain this U.S. the land as well just adds insult to in- ductor industry in order to lead in the leadership by investing in research pro- jury. It is unfortunate that this amend- application of electronics to support grams and ensuring a domestic supply ment that will make the transition the warfighter. This lead is critical to of scientists and engineers who are process easier for Milwaukee and com- the foundation of the next generation skilled in this area. New programmable munities around the country was not of U.S. security strategy network cen- chip technology, which has intricate accepted. tric warfare superiority. The report designs and therefore is more difficult Mr. LIEBERMAN. Mr. President, specifically stresses the need for trust- to validate, is needed and efforts to de- U.S. competitiveness in the high-tech ed and assured suppliers of integrated velop next generation technologies in sector of semiconductors, an important circuit components and emphasizes this area should be pursued. enabler in today’s world providing the that ‘‘trust cannot be added to inte- This DSB report clearly stresses the basis for nearly all electronic products grated circuits after fabrication; elec- need for immediate action and lists and systems used in both consumer and trical testing and reverse engineering key recommendations to help the De- military applications, is at risk. As we cannot be relied upon to detect partment of Defense develop not only a all are aware, global competition is on undesired alterations in military inte- short-term plan to address the imme- the rise, U.S. basic research invest- grated circuits.’’ Beyond highlighting diate needs but, importantly, a longer ment is on the decline, and there is se- the threat of IC device compromise, term vision as well. By the end of 2005, rious concern regarding the U.S. the report also highlights the risk as- there will be 59 300 mm fabrication science and technology talent base. sociated with reliance on foreign sup- plants worldwide with only 16 of these These issues have long been a concern pliers to access high-performance located in the United States. The of mine not only for the health of our microelectronics in time of war when United States cannot wait much economy but also for maintaining and quick response or surge capacity is longer; we need to address the global preserving our national security. I re- needed and additionally, the report competitiveness issue today. leased a whitepaper back in June of stresses the longer term risk of losing The Department of Defense has been 2003 titled ‘‘National Security Aspects leading edge R&D in a technology area telling us for a year or more to wait for of the Global Migration of the U.S. central to our economy. This latter the Defense Science Board report. It Semiconductor Industry’’ that dis- point was a particular emphasis of my has now finally arrived and an actual cusses and highlights the importance 2003 report referenced previously and Department of Defense ‘‘action plan’’ of addressing the accelerating shift in this new report agrees. to implement these recommendations

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A09NO6.033 S09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — SENATE S12601 is needed. This is why I along with Sen- knowing that they are trying to figure say: That’s all right because even if we ator CORNYN proposed an amendment, out how to pay energy costs going into get rid of Amtrak, we will have rail No. 2446, to the Defense Authorization spring planting and fertilizer costs and passenger service on the east coast. Act, S. 1042, asking the Department of so on, knowing that it is going to wipe I wish to say what a horrible mistake Defense to develop this action plan. I away any net profit they would have, it was for the board of directors of Am- am pleased to see this amendment has any opportunity for a net profit next trak to do this. I understand where it been adopted unanimously by the Sen- year, they are saying to this Congress: came from. It came from the White ate. Talk is cheap. What are you going to House. It came from the Secretary of The United States historically has do? Will Congress take some action? Transportation. I understand meetings lost manufacturing sectors as product Will Congress take action to ease the were held in recent days, and the deci- cycles matured but our innovation sys- pain and provide some fairness and re- sion was made. That decision was car- tem always filled that void by creating store fairness? I hope so. ried out by the President’s board of di- new sectors, opportunities, jobs and I won’t go into great detail about the rectors. higher standards of living. I want to action I think we should take. I have I am saying this: A national rail pas- see that trend continue, and this done that many times on the floor with senger system, Amtrak, is beneficial to amendment asks the Department of respect to a Windfall Profits Rebate this country. In my State, 100,000 peo- Defense to form a sound plan in this Act, to rebate to consumers a portion ple used Amtrak last year. Many of technology area. of these profits. those people don’t have alternative f My hope is that in the shadow of the transportation opportunities. Yet when hearings we held today, Congress will Amtrak, the Empire Builder, in this MORNING BUSINESS be ready to take some action with re- case, runs from Chicago to Seattle, Mr. WARNER. Mr. President, I ask spect to energy price issues. 100,000 North Dakotans have used it. It unanimous consent that there now be a f is an important part of our Nation’s period of morning business with Sen- transportation system. But there is a ators permitted to speak for up to 10 FIRING OF DAVID GUNN disagreement about Amtrak. The minutes each. Mr. DORGAN. Madam President, I President wants to shut it down. He The PRESIDING OFFICER. Without have received a press statement, issued doesn’t want it. That is why he pro- objection, it is so ordered. moments ago, from the Amtrak Na- posed no funding for it. The Congress, f tional Rail Passenger Corporation the majority from his own party, said: board of directors. Four members on No, we want to fund it. We believe Am- ENERGY PRICES the board of directors represent mem- trak advances this country’s transpor- Mr. DORGAN. Madam President, we bership appointed by the President. tation system. We believe it is worthy, have come from a Commerce-Energy Two of them are recess appointments something we should do. Committee joint hearing with the not given the stamp of approval by the The president of Amtrak, David CEOs of the major energy companies. Senate. The four members of the board Gunn, is a first-rate executive. He has They came to talk to us about the of directors at Amtrak this morning experience. He has done a great job. I price of energy. decided to fire David Gunn, president say that as a member of the committee I made the point this morning—I of Amtrak. that authorizes Amtrak, so I have know the Presiding Officer was also David Gunn is not anybody’s crony. watched this enterprise. I have spent there and made the points she wished He happens to be an appointment that time with Mr. Gunn. I have spent time to make—as we go into the winter sea- is smart, tough, with experience in the with Amtrak officials. I know what is son, those who are trying to figure out area. He has run Amtrak like a true happening there. This guy is nobody’s how they afford home heating fuel, champion. He ran afoul of the White crony. As a result, he gets fired. natural gas, propane, and so on, take a House when the White House decided The ‘‘you are doing a great job, look at the newspapers and see the they wanted to shut down Amtrak, Brownie stuff,’’ I am sick of that. I highest profits in history for the oil shut down long-distance trains and ef- would like to see people who are quali- companies. They are the ones, the con- fectively get rid of Amtrak. fied to run things running things in sumers, who will have to bear the pain. David Gunn was the president of Am- this Government. They had one run- Heat your home in the winter or try to trak. He and others fought to maintain ning Amtrak. Today he gets fired be- figure out how you are going to pay the rail passenger service and fought to cause somebody got their nose out of fuel bill in the spring if you are a farm- persuade this Congress to fund Am- joint and decided, apparently, the Con- er or a rancher. These prices are going trak. The administration recommended gress won’t allow us to shut down Am- to eat away all the profit that existed, zero funding for Amtrak. The Congress trak so we will fire the president of and then some, with respect to family didn’t agree. So the Congress funded Amtrak. farmers in my State. That is according Amtrak in a manner that would allow It is a big mistake for the country. I to estimates that come from the farm it to continue to be a national rail pas- don’t know how others in Congress will organization and from economists who senger system. Apparently, David react, but for me, this is a setback and have looked at it. Gunn doesn’t measure up to the White a setback for those who care about rail The question for family farmers who House, and so they got the board of di- passenger service. It was a travesty to are being ripped by these energy prices rectors this morning to fire him. Inci- treat David Gunn, an executive who or people who drive to the gas pumps dentally, two of the recess appoint- came out of retirement to run Amtrak or people who are figuring out how to ments on the board of directors, one and who did a first-rate job, this way. heat their homes is, Is anybody going from New Jersey, one from Florida, Shame on those who made that deci- to do anything about it? You have all will have some kind of rail passenger sion. This is all about politics. It has the gain on this side and all the pain service no matter what happens to Am- nothing to do with performance. I on this side. All the gain with the big trak. All those folks who live on the thought, especially in the wake of what energy companies, the big oil compa- east coast, from Boston to Florida, happened with Hurricane Katrina, nies, the major integrated oil compa- they probably are always going to have maybe we would get back to perform- nies, bigger, stronger, with more raw a train running down that little strip ance and decide that when people know muscle power in the marketplace be- on the eastern seaboard. I can under- how to do things and organize well, cause of block buster mergers, and all stand these two members of the board, they are appreciated. That is not the the pain on the other side, the con- neither of whom were confirmed by the case with respect to the decision by the sumers. Senate, both of whom were given recess board of directors at Amtrak this Especially in a State that is an agri- appointments by the President and morning. cultural State where we rely on family cannot continue beyond this Congress, Those of us who feel that way prob- farmers as a significant part of our eco- I can understand if the President or ably won’t have a chance to overturn nomic base, knowing that those family somebody in the White House said: this because the board of directors farmers operate on a thin margin, Let’s get rid of this David Gunn. They made the decision coming from the

VerDate Aug 31 2005 04:04 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09NO6.033 S09NOPT1